Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2016

Federal RegisterDec 23, 2016

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REGULATORY INFORMATION SERVICE CENTER

Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions—Fall 2016

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 2016 Unified Agenda publication appearing in the

Federal Register

The complete fall 2016 Unified Agenda contains the Regulatory Plans of 30 Federal agencies and 60 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 2016 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 Housing and Urban Development

Department of Interior

Department of Justice

Department of Labor

Department of Transportation

Department of 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 Interior

Department of Justice

Department of Labor

Department of Transportation

Department of 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

Commodity Futures Trading Commission

Consumer Financial Protection Bureau

Consumer Product Safety Commission

Federal Communication Commission

Federal Reserve System

Nuclear Regulatory Commission

Securities and Exchange Commission

Surface Transportation Board

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 to 1995. The complete online edition of the Unified Agenda includes regulatory agendas from 62 Federal agencies. Agencies of the United States Congress are not included.

The fall 2016 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

Cabinet Departments

Department of State

Department of Veterans Affairs *

Other Executive Agencies

Agency for International Development

Commission on Civil Rights

Committee for Purchase From People Who Are Blind or Severely Disabled

Corporation for National and Community ServiceCourt Services and Offender Supervision Agency for the District of Columbia

Equal Employment Opportunity Commission *

National Archives and Records Administration *

National Endowment for the Arts

National Endowment for the Humanities

National Science Foundation

Office of Government Ethics

Office of Management and Budget

Office of Personnel Management *

Office of the United States Trade Representative

Peace Corps

Pension Benefit Guaranty Corporation *

Railroad Retirement Board

Social Security Administration *

Independent Agencies

Council of the Inspectors General on Integrity and Efficiency

Farm Credit Administration

Farm Credit System Insurance Corporation

Federal Deposit Insurance Corporation

Federal Energy Regulatory Commission

Federal Housing Finance Agency

Federal Maritime Commission

Federal Trade Commission *

Gulf Coast Ecosystem Restoration Council

National Credit Union Administration

National Indian Gaming Commission *

National Transportation Safety Board

Special Inspector General for Afghanistan Reconstruction

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:

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.

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.

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.

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.

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 2015.

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

—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.

—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.

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

•

NPRM

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

Federal Register

that describes and solicits public comments on a proposed regulatory action. Under the Administrative Procedure Act (5 U.S.C. 553), an NPRM must include, at a minimum: A statement of the time, place, and nature of the public rulemaking proceeding;

• A reference to the legal authority under which the rule is proposed; and

• Either the terms or substance of the proposed rule or a description of the subjects and issues involved.

PL (or Pub. L.)

— A public law is a law passed by Congress and signed by the President or enacted over his veto. It has general applicability, unlike a private law that applies only to those persons or entities specifically designated. Public laws are numbered in sequence throughout the 2-year life of each Congress; for example, PL 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 17, 2016.

John C. Thomas,

Executive Director.

INTRODUCTION TO THE 2016 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 2016 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 Plan provides a list of important regulatory actions that agencies are considering for issuance in proposed or final form during the 2017 fiscal year. In contrast, the Agenda is a more inclusive list that includes 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. Changed circumstances, public comment, or applicable legal authorities could affect an agency's decision about whether to go forward with a listed regulatory action.

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 agencies can issue them. No regulatory action can become effective until it has gone through the legally required processes, which normally include public notice and comment. Any proposed or final action must also satisfy the requirements of relevant statutes, Executive Orders, and Presidential Memoranda.

Among other information, the Agenda provides an initial classification of whether a rulemaking is “significant” or “economically significant” under the terms of Executive Orders 12866 and 13563. The Agenda might list a rule as “economically significant” within the meaning of Executive Order 12866 (generally, having an annual effect on the economy of $100 million or more) because it imposes costs, confers large benefits, affects significant budget resources, or removes costly 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 agencies to reconsider regulatory requirements. The retrospective review process 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 $37 billion in savings for the American public over the next five years. Reflecting that focus, the current Agenda lists numerous actions that retroactively review existing regulatory programs. Since President Obama issued Executive Order 13610, this Administration has worked to institutionalize retrospective review in the federal agencies. In July 2016, 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 2017. OIRA has asked agencies to continue to emphasize retrospective reviews in their latest Regulatory Plans.

As agencies advance the regulations detailed in this 2016 Regulatory Plan, OIRA will continue its efforts to ensure that our regulatory system emphasizes, public participation, scientific evidence, innovation, flexible regulatory approaches, and careful consideration of costs and benefits. These considerations are meant to produce a regulatory system that is driven by the best available knowledge and evidence, attentive to real-world impacts, and is suited to the evolving circumstances of the 21st Century.

Department of Agriculture

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

National Organic Program—Organic Aquaculture Standards

0581-AD34

Proposed Rule Stage.

NOP; Organic Livestock and Poultry Practices;

0581-AD44

Final Rule Stage.

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

0579-AE15

Proposed Rule Stage.

Horse Protection; Licensing of Designated Qualified Persons and Other Amendments

0579-AE19

Final Rule Stage.

Tournament Systems and Poultry Growing Arrangements

0580-AB26

Proposed Rule Stage.

Unfair Practices and Unreasonable Preference

0580-AB27

Proposed Rule Stage.

Clarification of Scope

0580-AB25

Final Rule Stage.

Eligibility, Certification, and Employment and Training Provisions

0584-AD87

Final Rule Stage.

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.

Enhancing Retailer Eligibility Standards in SNAP

0584-AE27

Final Rule Stage.

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

0584-AE45

Final Rule Stage.

Revision of the Nutrition Facts Panels for Meat and Poultry Products and Updating Certain Reference Amounts Customarily Consumed

0583-AD56

Proposed Rule Stage.

Modernization of Swine Slaughter Inspection

0583-AD62

Proposed Rule Stage.

Department of Commerce

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

Endangered and Threatened Species; Critical Habitat for the Threatened Caribbean Corals

0648-BG20

Proposed Rule Stage.

Designation of Critical Habitat for Threatened Indo-Pacific Reef-building Corals

0648-BG26

Proposed Rule Stage.

Magnuson-Stevens Fisheries Conservation and Management Act; Seafood Import Monitoring Program

0648-BF09

Final Rule Stage.

Designation of Critical Habitat for the Gulf of Maine, New York Bight, and Chesapeake Bay Distinct Population Segments of Atlantic Sturgeon

0648-BF28

Final Rule Stage.

Designation of Critical Habitat for the Carolina and South Atlantic Distinct Population Segments of Atlantic Sturgeon

0648-BF32

Final Rule Stage.

Department of Defense

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

Sexual Assault Prevention and Response Program Procedures

0790-AI36

Final Rule Stage.

Identification (ID) Cards for Members of the Uniformed Services, Their Dependents, and Other Eligible Individuals (Adding Subpart D)

0790-AJ37

Final Rule Stage.

Sexual Assault Prevention and Response (SAPR) Program

0790-AJ40

Final Rule Stage.

TRICARE; Reimbursement of Long Term Care Hospitals and Inpatient Rehabilitation Facilities

0720-AB47

Final Rule Stage.

TRICARE: Refills of Maintenance Medications Through Military Treatment Facility Pharmacies or National Mail Order Pharmacy Program

0720-AB64

Final Rule Stage.

Department of Education

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

Title I of the Elementary and Secondary Education Act of 1965—Accountability and State Plans

1810-AB27

Final Rule Stage.

Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act—Supplement Not Supplant under Title I, Part A

1810-AB33

Final Rule Stage.

Department of Energy

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage.

Energy Conservation Standards for General Service Lamps

1904-AD09

Proposed Rule Stage.

Energy Conservation Standards for Residential Non-Weatherized Gas Furnaces and Mobile Home Gas Furnaces

1904-AD20

Proposed Rule Stage.

Energy Conservation Standards for Walk-In Coolers and Walk-In Freezers

1904-AD59

Proposed Rule Stage.

Energy Conservation Standards for Manufactured Housing

1904-AC11

Final Rule Stage.

Energy Conservation Standards for Commercial Packaged Boilers

1904-AD01

Final Rule Stage.

Energy Conservation Standards for Commercial Water Heating Equipment

1904-AD34

Final Rule Stage.

Energy Conservation Standards for Dedicated-Purpose Pool Pumps

1904-AD52

Final Rule Stage.

Department of Health and Human Services

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage.

Confidentiality of Substance Use Disorder Patient Records

0930-AA21

Final Rule Stage.

Control of Communicable Diseases

0920-AA63

Final Rule Stage.

Mammography Quality Standards Act; Regulatory Amendments

0910-AH04

Proposed Rule Stage.

Patient Medication Information

0910-AH33

Proposed Rule Stage.

340(B) Civil Monetary Penalties for Manufacturers and Ceiling Price Regulations

0906-AA89

Final Rule Stage.

Definition of Human Organ Under Section 301 of the National Organ Transplant Act of 1984

0906-AB02

Final Rule Stage.

340B Program Omnibus Guidelines

0906-AB08

Final Rule Stage.

Federal Policy for the Protection of Human Subjects; Final Rules

0937-AA02

Final Rule Stage.

Eligibility Notices, Fair Hearing and Appeal Processes for Medicaid, and Other Provisions Related to Eligibility and Enrollment for Medicaid and CHIP (CMS-2334-P2)

0938-AS55

Proposed Rule Stage.

FY 2018 Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities (SNFs) (CMS-1679-P)

0938-AS96

Proposed Rule Stage.

FY 2018 Inpatient Psychiatric Facilities Prospective Payment System—Rate Update (CMS-1673-P)

0938-AS97

Proposed Rule Stage.

FY 2018 Inpatient Rehabilitation Facility (IRF) Prospective Payment System (CMS-1671-P)

0938-AS99

Proposed Rule Stage.

FY 2018 Hospice Rate Update (CMS-1675-P)

0938-AT00

Proposed Rule Stage.

CY 2018 Hospital Outpatient PPS Policy Changes and Payment Rates and Ambulatory Surgical Center Payment System Policy Changes and Payment Rates (CMS-1678-P)

0938-AT03

Proposed Rule Stage.

CY 2018 Changes to the End- Stage. Renal Disease (ESRD) Prospective Payment System, Quality Incentive Program, and Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) (CMS-1674-P)

0938-AT04

Proposed Rule Stage.

Eligibility Notices, Fair Hearing and Appeal Processes for Medicaid, and Other Provisions Related to Eligibility and Enrollment for Medicaid and CHIP (CMS-2334-F2)

0938-AS27

Final Rule Stage..

CY 2017 Inpatient Hospital Deductible and Hospital and Extended Care Services Coinsurance Amounts (CMS-8062-N)

0938-AS70

Final Rule Stage.

CY 2018 Inpatient Hospital Deductible and Hospital and Extended Care Services Coinsurance Amounts (CMS-8065-N)

0938-AT05

Final Rule Stage.

Adoption and Foster Care Analysis and Reporting System (AFCARS)

0970-AC47

Final Rule Stage.

Flexibility, Efficiency, and Modernization of Child Support Enforcement Programs

0970-AC50

Final Rule Stage.

Department of Homeland Security

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage.

Chemical Facility Anti-Terrorism Standards (CFATS)

1601-AA69

Proposed Rule Stage.

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

1615-AA67

Proposed Rule Stage.

Requirements for Filing Motions and Administrative Appeals

1615-AB98

Proposed Rule Stage.

Improvement of the Employment Creation Immigrant Regulations

1615-AC07

Proposed Rule Stage.

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

1615-AA59

Final Rule Stage.

Special Immigrant Juvenile Petitions

1615-AB81

Final Rule Stage.

International Entrepreneur

1615-AC04

Final Rule Stage.

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

1615-AC05

Final Rule Stage.

Commercial Fishing Vessels—Implementation of 2010 and 2012 Legislation

1625-AB85

Proposed Rule Stage.

Seafarers' Access to Maritime Facilities

1625-AC15

Final Rule Stage.

Air Cargo Advance Screening (ACAS)

1651-AB04

Proposed Rule Stage.

Definition of Form I-94 to Include Electronic Format

1651-AA96

Final Rule Stage.

Surface Transportation Vulnerability Assessments and Security Plans

1652-AA56

Prerule Stage.

Security Training for Surface Transportation Employees

1652-AA55

Proposed Rule Stage.

Vetting of Certain Surface Transportation Employees

1652-AA69

Proposed Rule Stage.

Eligibility Checks of Nominated and Current Designated School Officials of Schools That Enroll F and M Nonimmigrant Students and of Exchange Visitor Program-Designated Sponsors of J Nonimmigrants

1653-AA71

Proposed Rule Stage.

Updates to Floodplain Management and Protection of Wetlands Regulations to Implement Executive Order 13690 and the Federal Flood Risk Management Standard

1660-AA85

Final Rule Stage.

Department of Housing and Urban Development

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

Floodplain Management and Protection of Wetlands; Minimum Property Standards for Flood Hazard Exposure; Building to the Federal Flood Risk Management Standard (FR-5717)

2501-AD62

Proposed Rule Stage.

Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance; Response to Elevated Blood Lead Level (FR-5816)

2501-AD77

Final Rule Stage.

Department of Justice

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

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

1190-AA65

Proposed Rule Stage.

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

1190-AA63

Final Rule Stage.

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

1190-AA71

Final Rule Stage.

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

1125-AA68

Final Rule Stage.

Recognition of Organizations and Accreditation of Non-Attorney Representatives

1125-AA72

Final Rule Stage.

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

1105-AB50

Proposed Rule Stage.

Department of Labor

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

Employment of Workers With Disabilities Under Special Certificates

1235-AA14

Proposed Rule Stage.

Equal Employment Opportunity in Apprenticeship Amendment of Regulations

1205-AB59

Final Rule Stage.

Amendment to Claims Procedure Regulation

1210-AB39

Final Rule Stage.

Savings Arrangements Established by Political Subdivisions for Non-Governmental Employees

1210-AB76

Final Rule Stage.

Respirable Crystalline Silica

1219-AB36

Proposed Rule Stage.

Proximity Detection Systems for Mobile Machines in Underground Mines

1219-AB78

Proposed Rule Stage.

Preventing Workplace Violence in Healthcare

1218-AD08

Prerule Stage.

Infectious Diseases

1218-AC46

Proposed Rule Stage.

Standards Improvement Project IV

1218-AC67

Proposed Rule Stage.

Occupational Exposure to Beryllium

1218-AB76

Final Rule Stage.

Department of Transportation

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

Airport Safety Management System

2120-AJ38

Proposed Rule Stage.

Pilot Professional Development

2120-AJ87

Proposed Rule Stage.

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

2120-AK65

Final Rule Stage.

National Goals and Performance Management Measures 2 (MAP-21)

2125-AF53

Final Rule Stage.

National Goals and Performance Management Measures 3 (MAP-21)

2125-AF54

Final Rule Stage.

Entry-Level Driver Training

2126-AB66

Final Rule Stage.

Tire Fuel Efficiency Consumer Information—Part 2

2127-AK76

Proposed Rule Stage.

Heavy Vehicle Speed Limiters

2127-AK92

Proposed Rule Stage.

Federal Motor Vehicle Safety Standard (FMVSS) 150—Vehicle to Vehicle (V2V) Communication

2127-AL55

Proposed Rule Stage.

Locomotive Recording Devices

2130-AC51

Proposed Rule Stage.

Risk Reduction Program

2130-AC11

Final Rule Stage.

Pipeline Safety: Safety of Hazardous Liquid Pipelines

2137-AE66

Final Rule Stage.

100

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

2137-AF08

Final Rule Stage.

Department of Veterans Affairs

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

101

Schedule for Rating Disabilities: The Genitourinary Diseases and Conditions

2900-AP16

Proposed Rule Stage.

102

Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisition Regulation Principles (VAAR Case 2014-V001, Parts 803, 814, 822)

2900-AP50

Proposed Rule Stage.

103

VA Homeless Providers Grant and Per Diem Program

2900-AP54

Proposed Rule Stage.

104

Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisition Regulation Principles (VAAR Case 2014-V005, Parts 812, 813)

2900-AP58

Proposed Rule Stage.

105

Diseases Associated With Exposure to Contaminants in the Water Supply at Camp Lejeune

2900-AP66

Proposed Rule Stage.

106

Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisition Regulation Principles VAAR Case 2014-V004 (Parts 811, 832)

2900-AP81

Proposed Rule Stage.

107

Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisition Regulation Principles (VAAR Case 2014-V002, Parts 816, 828)

2900-AP82

Proposed Rule Stage.

108

Schedule for Rating Disabilities: The Hematologic and Lymphatic Systems

2900-AO19

Final Rule Stage.

109

Schedule for Rating Disabilities: The Endocrine System

2900-AO44

Final Rule Stage.

110

Fiduciary Activities

2900-AO53

Final Rule Stage.

111

Per Diem Paid to States for Care of Eligible Veterans in State Homes

2900-AO88

Final Rule Stage.

112

Schedule for Rating Disabilities; Dental and Oral Conditions

2900-AP08

Final Rule Stage.

113

Schedule for Rating Disabilities: Gynecological Conditions and Disorders of the Breast

2900-AP13

Final Rule Stage.

114

Schedule for Rating Disabilities: The Organs of Special Sense and Schedule of Ratings—Eye

2900-AP14

Final Rule Stage.

115

Schedule for Rating Disabilities: Skin Conditions

2900-AP27

Final Rule Stage.

116

Tiered Pharmacy Copayments for Medications

2900-AP35

Final Rule Stage.

117

Advanced Practice Registered Nurses

2900-AP44

Final Rule Stage.

118

Expanded Access to Non-VA Care Through the Veterans Choice Program

2900-AP60

Final Rule Stage.

119

Veterans Employment Pay for Success Grant Program

2900-AP72

Final Rule Stage.

Environmental Protection Agency

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

120

Federal Baseline Water Quality Standards for Indian Reservations

2040-AF62

Prerule Stage.

121

Renewables Enhancement and Growth Support Rule

2060-AS66

Proposed Rule Stage.

122

Implementation of the 2015 National Ambient Air Quality Standards for Ozone: Nonattainment Area Classifications and State Implementation Plan Requirements

2060-AS82

Proposed Rule Stage.

123

Renewable Fuel Volume Standards for 2018 and Biomass Based Diesel Volume (BBD) for 2019

2060-AT04

Proposed Rule Stage.

124

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

2070-AK03

Proposed Rule Stage.

125

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

2070-AK07

Proposed Rule Stage.

126

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

2070-AK11

Proposed Rule Stage.

127

Polychlorinated Biphenyls (PCBs); Reassessment of Use Authorizations for PCBs in Small Capacitors in Fluorescent Light Ballasts in Schools and Daycares

2070-AK12

Proposed Rule Stage.

128

Procedures for Evaluating Existing Chemical Risks Under the Toxic Substances Control Act

2070-AK20

Proposed Rule Stage.

129

Procedures for Prioritization of Chemicals for Risk Evaluation Under the Toxic Substances Control Act

2070-AK23

Proposed Rule Stage.

130

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

2050-AG61

Proposed Rule Stage.

131

National Primary Drinking Water Regulations for Lead and Copper: Regulatory Revisions

2040-AF15

Proposed Rule Stage.

132

Fees for Water Infrastructure Project Applications Under the Water Infrastructure Finance and Innovation Act

2040-AF64

Proposed Rule Stage.

133

National Emission Standards for Hazardous Air Pollutants (NESHAP) Subpart W: Standards for Radon Emissions From Operating Uranium Mill Tailings: Review

2060-AP26

Final Rule Stage.

134

Revision of 40 CFR 192—Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings and Uranium In Situ Leaching Processing Facilities

2060-AP43

Final Rule Stage.

135

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

2060-AS47

Final Rule Stage.

136

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

2060-AS72

Final Rule Stage.

137

Pesticides; Certification of Pesticide Applicators

2070-AJ20

Final Rule Stage.

138

Modernization of the Accidental Release Prevention Regulations Under Clean Air Act

2050-AG82

Final Rule Stage.

139

Credit Assistance for Water Infrastructure Projects

2040-AF63

Final Rule Stage.

Equal Employment Opportunity Commission

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

140

Affirmative Action for Individuals With Disabilities in the Federal Government

3046-AA94

Final Rule. Stage.

Small Business Administration

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

141

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

3245-AG64

Final Rule Stage.

142

Small Business Investment Company (SBIC) Program—Impact SBICs

3245-AG66

Final Rule Stage.

Social Security Administration

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

143

Revised Medical Criteria for Evaluating Musculoskeletal Disorders (3318P)

0960-AG38

Proposed Rule Stage.

144

Revised Medical Criteria for Evaluating Digestive Disorders (3441P)

0960-AG65

Proposed Rule Stage.

145

Revised Medical Criteria for Evaluating Cardiovascular Disorders (3477P)

0960-AG74

Proposed Rule Stage.

146

Revising the Ticket to Work Program Rules (3780A)

0960-AH50

Proposed Rule Stage.

147

Revisions to Rules Regarding the Evaluation of Medical Evidence

0960-AH51

Proposed Rule Stage.

148

Revised Medical Criteria for Evaluating Hearing Loss and Disturbances of Labyrinthine-Vestibular Function (3806P)

0960-AH54

Proposed Rule Stage.

149

Use of Electronic Payroll Data To Improve Program Administration

0960-AH88

Proposed Rule Stage.

150

Treatment of Earnings Derived From Services

0960-AH90

Proposed Rule Stage.

151

Closure of Unintended Loopholes (Conforming Changes to Regulations on Presumed Filing and Voluntary Suspension)

0960-AH93

Proposed Rule Stage.

152

Revisions to Rules on Representation of Parties (3396F)

0960-AG56

Final Rule Stage.

153

Revised Medical Criteria for Evaluating Human Immunodeficiency Virus (HIV) Infection and for Evaluating Functional Limitations in Immune System Disorders (3466F)

0960-AG71

Final Rule Stage.

154

Amendments to Regulations Regarding Withdrawals of Applications and Voluntary Suspension of Benefits (3573F)

0960-AH07

Final Rule Stage.

155

Revisions to Rules of Conduct and Standards of Responsibility for Appointed Representatives

0960-AH63

Final Rule Stage.

156

Ensuring Program Uniformity at the Hearing and Appeals Council Levels of the Administrative Review Process

0960-AH71

Final Rule Stage.

157

Implementation of the NICS Improvement Amendments Act of 2007

0960-AH95

Final Rule Stage.

158

Availability of Information and Records to the Public

0960-AI07

Final Rule Stage.

Consumer Product Safety Commission

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

159

Flammability Standard for Upholstered Furniture

3041-AB35

Proposed Rule Stage.

National Indian Gaming Commission

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

160

Class II Minimum Internal Control Standards

3141-AA60

Proposed Rule Stage.

161

Minimum Internal Control Standards

3141-AA55

Final Rule Stage.

Nuclear Regulatory Commission

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

162

Modified Small Quantities Protocol [NRC-2015-0263]

3150-AJ70

Final Rule Stage.

BILLING CODE 6820-27-P

U.S. DEPARTMENT OF AGRICULTURE

Fall 2016 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 reflects USDA's 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. Under the Farm Bill authorities, USDA will continue to build on historic economic gains in rural America. The Healthy, Hunger-Free Kids Act of 2010 (HHFKA) provided the authority for USDA to make genuine 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 over 6 million rural residents. 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 a final rule confirming the interim rule entitled “Rural Broadband Access Loans and Loan Guarantees” which published in the

Federal Register

on June 9, 2016. The final rule implements the statutory changes from the 2014 Farm Bill and facilitates greater deployment of and access to broadband services in rural communities by adjusting certain service area eligibility criteria, establishing new priority considerations, and introducing new reporting sections that require more detailed information gathering and publishing for both the Agency and awardees. 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 is developing a rule that will 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 final rule on December 16, 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 ensure that farm program payments are made to the farmers and farm families that they are intended to help. Specifically, as required by the 2014 Farm Bill, FSA revised 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. 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 a final rule on June 30, 2016, 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. For more information about this rule, see RIN 0563-AC43.

The Packers and Stockyards Program promotes fair business practices and competitive environments to market livestock, meat, and poultry. Accordingly, and consistent with its oversight activities under the Packers and Stockyards Act (P&S Act), the Grain Inspection, Packers and Stockyards Administration (GIPSA) proposes to establish criteria to be considered in determining whether an undue or unreasonable preference or advantage has occurred during contractual growing arrangements. For more information about this rule, see RIN 0580-AB27. Consistent with the P&S Act, GIPSA also proposes to establish certain requirements when using a “tournament” system for contract poultry growing. For more information about this rule, see RIN 0580-AB26. Finally, GIPSA proposes to issue interim clarifying language on the list of unfair practices between those that do not require a showing of harm to competition and those that violate the P&S Act only with a finding of harm to competition. For more information about this rule, see RIN 0580-AB25

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 2015, an estimated 115,233 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 March 10, 2016, NRCS published a final rule to implement provisions of the 2014 Farm Bill that amended CSP. 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 June 3, 2016, NRCS published a final rule that implemented changes mandated by 2014 Farm Bill and addressed 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). 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 Agricultural Service (FAS) published a final rule for the Local and Regional procurement (LRP) Program on July 1, 2016 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. 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.

As part of an Act to reauthorize and amend the National Sea Grant College Program Act (Act), the President signed a bill to amend the Agricultural Marketing Act of 1946 to include subtitle E, the National Bioengineered Food Disclosure Standard (Pub. L. 114-216). The legislation requires that the Agricultural Marketing Service (AMS) establish a mandatory national bioengineered food disclosure standard and the procedures necessary to implement the national standard within two years of the enactment of the Act. Throughout the process, AMS will engage consumers and industry stakeholders to ensure that the final program is established effectively and with the utmost transparency. AMS is currently preparing an advance notice of proposed rulemaking to begin the rulemaking process for implementing the national bioengineered food disclosure standards. For more information about this action, see RIN 0581-AD54.

The AMS National Organic Program establishes national standards governing the marketing of organically produced agricultural products. These standards do not currently include organic farmed aquatic animals in the United States which means that seafood currently sold as organic in the United States is imported from other countries and certified to private standards or other countries' standards. Accordingly, and based on recommendations from the National Organic Standards Board, USDA is proposing to establish standards for organic farmed aquatic animals and their products. This would allow U.S. producers to compete in the organic seafood market and may expand trade partnerships. For more information about this rule, see RIN 0581-AD34.

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 45 million Americans, more than half of whom were children, the elderly, or individuals with disabilities, put food on the table in 2015. The Food and Nutrition Service (FNS) plans to publish a final rule that works with States interested in implementing photos on SNAP Electronic Benefit Transfer (EBT) cards to ensure that the issuance of photo EBT cards does not

inhibit access to this critical nutrition assistance program. For more information about this rule, see RIN 0584-AE09.

Additionally, FNS plans to issue a final rule codifying 2008 Farm Bill changes addressing SNAP eligibility, certification, and employment and training provisions. 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. For more information about this rule, see RIN 0584-AD87.

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. This objective represents FNS's efforts to ensure that program benefits meet appropriate standards to effectively improve nutrition for program participants, to improve the diets of its clients through nutrition education, and to support the national effort to reduce obesity by promoting healthy eating and physical activity. The Department will finalize changes to eligibility requirements for SNAP retail food stores to ensure access to nutritious foods for home preparation and consumption for the families most vulnerable to food insecurity. The final rule will consider the balance of ensuring participant access to retail food stores with enhanced stocking requirements. For more information about this rule, see RIN 0584-AE27.

FNS published a final rule on July 27, 2016, 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. For more information about this rule, see RIN 0584-AE09.

FNS published the final rule, Meal Pattern Revisions Related to the Healthy Hunger-Free Kids Act of 2010, on July 8, 2016, 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. For more information about this rule, see RIN 0584-AE18.

FNS published a final rule, Local School Wellness Policy Implementation and School Nutrition Environment Information, on July 27, 2016, 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. For more information about this rule, see RIN 0584-AE25.

The Food Safety and Inspection Service (FSIS) continues to ensure that meat and poultry products are properly marked, labeled, and packaged, and prohibits the distribution in-commerce of meat or poultry products that are adulterated or misbranded. FSIS is planning to publish a proposed rule that would amend the nutrition labeling requirements for meat and poultry products to better reflect scientific research and dietary recommendations and to improve the presentation of nutrition information to assist consumers in maintaining healthy dietary practices. This rule will be consistent with the recent changes that the Food and Drug Administration (FDA) finalized for other food products. This rule will ensure that nutrition information is presented consistently across the food supply. For more information about this rule, see RIN 0583-AD56.

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 final rule on July 18, 2016, requiring non-ambulatory disabled veal calves that are offered for slaughter to be condemned and promptly euthanized. 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. For more information about this rule, see RIN 0583-AD54.

FSIS is also proposing to amend the Federal meat inspection regulations to improve the effectiveness of swine slaughter inspection by establishing a new inspection system for swine slaughter establishments. The proposed New Swine Slaughter Inspection System would facilitate pathogen reduction in pork products by permitting FSIS to conduct more offline inspection activities that are more effective in ensuring food safety; improving animal welfare and compliance with the Humane Methods of Slaughter Act; and making better use of FSIS resources. For more information about this rule, see RIN 0583-AD62.

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

Food Safety & Inspection Service (FSIS)

Requirements for the Disposition of Non-Ambulatory Disabled Veal Calves

0583-AD54.

Animal Plant Health & Inspection Service (APHIS)

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

TBD.

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.

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—AGRICULTURAL MARKETING SERVICE (AMS)

Proposed Rule Stage

1. National Organic Program—Organic Aquaculture Standards

Priority:

Other Significant.

Legal Authority:

7 U.S.C. 6501 to 6522

CFR Citation:

7 CFR 205.

Legal Deadline:

None.

Abstract:

This action proposes to establish standards for organic production and certification of farmed aquatic animals and their products in the USDA organic regulations. This action would also add aquatic animals as a scope of certification and accreditation under the National Organic Program (NOP).

Statement of Need:

This action is necessary to establish standards for organic farmed aquatic animals and their products which would allow U.S. producers to compete in the organic seafood market. This action is also necessary to address multiple recommendations provided to USDA by the National Organic Standards Board (NOSB). From 2007 through 2009, the NOSB made five recommendations to establish standards for the certification of organic farmed aquatic animals and their products. Finally, the U.S. currently has organic standards equivalence arrangements with Canada and the European Union (EU). Both Canada and the EU established standards for organic aquaculture products. Because the U.S.does not have organic aquaculture standards, the U.S. is unable to include aquaculture in the scope of these arrangements. Establishing U.S. organic aquaculture may provide a basis for expanding those trade partnerships.

Summary of Legal Basis:

AMS National Organic Program is authorized by the Organic Foods Production Act of 1990 (OFPA) to establish national standards governing the marketing of organically produced agricultural products (7 U.S.C. 6501-6522). The USDA organic regulations set the requirements for the organic certification of agricultural products (7 CFR part 205).

Alternatives:

An alternative to providing organic aquatic animal standards would be to not publish such standards and allow aquatic animal products to continue to be sold as organic based on private standards or other countries' standards.

Anticipated Cost and Benefits:

The cost for existing conventional aquaculture operations to convert and participate in this voluntary marketing program generally would be incurred in the cost of changing management practices, increased feed costs, and obtaining organic certification. There also would be some costs to certifying agents who would need to add aquaculture to their areas of accreditation under the USDA organic regulations. These costs include application fees and expanded audits to ensure certifying agents meet the accreditation requirements needed to provide certification services to aquaculture operations. By providing organic standards for organic aquatic animal products, producers will be able to sell certified organic aquatic animal products for a premium above the price of conventionally produced seafood. Organic consumers will be assured that organic aquatic animal products comply with the USDA organic regulations.

Risks:

There are no known risks to providing these additional standards for certification of organic products.

Timetable:

Action

Date

FR Cite

NPRM

11/00/16

Regulatory Flexibility Analysis Required:

Yes.

Small Entities Affected:

Businesses.

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.

Agency Contact:

Miles V. McEvoy, Deputy Administrator, USDA National Organic Program, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW., Washington, DC 20250,

Phone:

202 720-3252.

RIN:

0581-AD34

USDA—AMS

Final Rule Stage

2. NOP; Organic Livestock and Poultry Practices

Priority:

Other Significant.

Legal Authority:

7 U.S.C. 6501 to 6522

CFR Citation:

7 CFR 205.

Legal Deadline:

None.

Abstract:

This action would establish standards that support additional practice standards for organic livestock and poultry production. This action would add provisions to the USDA organic regulations to address and clarify livestock and poultry living conditions (for example, outdoor access, housing environment and stocking densities), health care practices (for example physical alterations, administering medical treatment, euthanasia), and animal handling and transport to and during slaughter.

Statement of Need:

Summary of Legal Basis:

This action is necessary to augment the USDA organic livestock and poultry production regulations with robust and clear provisions to fulfill an objective of the Organic Foods Production Act of 1990 (OFPA): To assure consumers that organically-produced products meet a consistent and uniform standard (7 U.S.C. 6501). OFPA mandates that detailed livestock and poultry regulations be developed through notice and comment rulemaking and intends for National Organic Standards Board (NOSB) involvement in that process (7 U.S.C. 6508(g)).

Alternatives:

The alternative is that consumers will not have the assurance that organically-produced products meet a consistent and uniform standard as there will be continued inconsistency among organic livestock producers. Nor will certifying agents be able to make consistent certification decisions and facilitate fairness and transparency for the organic producers and consumers that participate in the market.

Anticipated Cost and Benefits:

AMS expects this rule to maintain consumer confidence in the high standards represented by the USDA organic seal. This action would promote consistency among certifying agents to uniformly verify and enforce clear requirements for organic livestock. AMS estimates that annualized benefits for increased or sustained demand for organic products is $14.5 to $34 million per year. The cost of implementing the rule would fall primarily on organic poultry operations that may need to purchase and transition additional land to organic production and modify existing poultry structures to come into compliance with this rule. AMS estimates that the annualized cost to the organic industry for this rule is $13 to 15.6 million per year.

Risks:

AMS expects that a few provisions among the numerous proposed will be contentious.

Timetable:

Action

Date

FR Cite

NPRM

04/13/16

81 FR 21955

NPRM Comment Period End

06/13/16

Final Action

12/00/16

Regulatory Flexibility Analysis Required:

Yes.

Small Entities Affected:

Businesses.

Government Levels Affected:

None.

Agency Contact:

Miles V. McEvoy, Deputy Administrator, USDA National Organic Program, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW., Washington, DC 20250,

Phone:

202 720-3252.

RIN:

0581-AD44

USDA—ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)

Proposed Rule Stage

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

Priority:

Other Significant.

Legal Authority:

7 U.S.C. 7701 to 7772; 7 U.S.C. 7781 to 7786; 31 U.S.C. 9701

CFR Citation:

7 CFR 340.

Legal Deadline:

None.

Abstract:

Statement of Need:

This rule is necessary in order to respond to advances in genetic engineering and APHIS' understanding of the pest risks posed by genetically engineered organisms, to evaluate genetically engineered plants for noxious weed risk (an evaluation that is not part of the current regulations), to respond to two Office of Inspector General audits regarding APHIS' regulation of genetically engineered organisms, and to respond to the requirements of the 2008 Farm Bill.

Summary of Legal Basis:

The Plant Protection Act of 200, as amended (7 U.S.C. 7701

et seq.

Alternatives:

Alternatives that we considered were (1) to leave the regulations unchanged; (2) to regulate all GE organisms as presenting a possible plant pest or noxious weed risk, without exception, and with no means of granting nonregulated status; or (3) to withdraw APHIS regulations governing biotechnology and instead implement a voluntary program under which developers would present genetically engineered organisms to APHIS for an evaluation of their plant pest and noxious weed risk, and organisms determined to be plant pests and/or noxious weeds would be

regulated under other APHIS regulations.

Anticipated Cost and Benefits:

Not yet determined.

Risks:

Unless we issue this proposal, we may not be able to regulate a genetically engineered plant that does not pose a plant pest risk, but does pose a noxious weed risk. Additionally, as noted above, the current regulations do not incorporate recommendations of two OIG audits, and do not respond to the requirements of the 2008 Farm Bill, particularly regarding APHIS oversight of field trials and environmental releases of genetically engineered organisms.

Timetable:

Action

Date

FR Cite

NPRM

12/00/16

NPRM Comment Period End

02/00/17

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:

Gwendolyn Burnett, Agriculturalist, BRS, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 147, Riverdale, MD 20737-1236,

Phone:

301 851-3893.

RIN:

0579-AE15

USDA—APHIS

Final Rule Stage

4. Horse Protection; Licensing of Designated Qualified Persons and Other Amendments

Priority:

Other Significant.

Legal Authority:

15 U.S.C. 1823 to 1825; 15 U.S.C. 1828

CFR Citation:

9 CFR 11.

Legal Deadline:

None.

Abstract:

This rulemaking will amend training and licensing requirements mandated by the horse protection regulations. We are also making several changes to the responsibilities of show management of horse shows, horse exhibitions, horse sales, and horse auctions, as well as changes to the list of devices, equipment, substances, and practices that can cause soring or are otherwise prohibited under the Horse Protection Act and regulations. Additionally, we are amending the inspection procedures. These actions are intended to strengthen existing requirements intended to eliminate soring and promote enforcement of Horse Protection Act and regulations.

Statement of Need:

Soring, the act of deliberately inducing pain in a horse's feet to produce an exaggerated show gait, has been a persistent practice within the Tennessee Walking Horse industry despite regulations prohibiting it. Third party inspectors are currently trained and licensed by horse industry organizations and conduct inspections of horses at horse shows and exhibitions. In response to public concerns about the ability of the Horse Protection Program to prevent soring, the United States Department of Agriculture's (USDA's) Office of the Inspector General (OIG) initiated an audit of APHIS' oversight of the Horse Protection program and concluded that APHIS' inspection program for inspecting gaited horses is not adequate to ensure that horses are not being sored for the purposes of enhanced performance. OIG recommended that APHIS eliminate the horse inspection program in its current form and assume a direct involvement in the accreditation and monitoring of inspectors and inspection procedures. Under the proposed rule, all training and licensing of inspectors would be conducted only by APHIS, and devices used to cause soring would be further restricted or prohibited. APHIS is in agreement with these recommendations but needs to amend the regulations through rulemaking in order to adopt it.

Summary of Legal Basis:

Section 4 of the Horse Protection Act, as amended (15 U.S.C. 1823), requires the Secretary of Agriculture to prescribe by regulation requirements for the appointment by the management of a horse show, exhibition, sale, or auction (referred to below as show management) of persons qualified to detect and diagnose a horse which is sore or to otherwise inspect horses for the purpose of enforcing the Act. Section 9 (15 U.S.C. 1828) authorizes the Secretary of Agriculture to issue such rules and regulations as deemed necessary to carry out the provisions of the Act.

Alternatives:

In following the recommendations of the USDA OIG Audit, we believe the changes we proposed in this rulemaking represent the best alternative option that would accomplish the stated objectives and minimize impacts on small entities. In the proposed rule, we welcomed comments from the public on other options, in particular the viability of alternative approaches that would continue to rely on the horse industry organization concept, and what the governance of such an organization should be like.

Anticipated Cost and Benefits:

The benefits of the proposed rule are expected to justify the costs. The proposed changes to the horse protection regulations would promote the humane treatment of walking and racking horses by more effectively ensuring that those horses that participate in exhibitions, sales, shows, or auctions are not sored. This benefit is an unquantifiable animal welfare enhancement. The proposed rule is not expected to adversely impact communities in which shows are held since walking and racking horse shows are expected to continue.

Risks:

This rulemaking is intended to reduce the risk of horses suffering pain and injury from the practice of soring without restricting the activities of horse owners and organizations that have no history of soring and for which the USDA does not consider soring to be a concern.

Timetable:

Action

Date

FR Cite

NPRM

07/26/16

81 FR 49111

NPRM Comment Period End

09/26/16

Final Rule

01/00/17

Regulatory Flexibility Analysis Required:

Undetermined.

Small Entities Affected:

Businesses, Organizations.

Government Levels Affected:

None.

Additional Information:

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

http://www.aphis.usda.gov

Agency Contact:

Rachel Cezar, Supervisory Veterinary Medical Officer, Horse Protection Coordinator, Animal Care, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 84, Riverdale, MD 20737,

Phone:

301 851-3746.

RIN:

0579-AE19

USDA—GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION (GIPSA)

Proposed Rule Stage

5. Tournament Systems and Poultry Growing Arrangements

Priority:

Other Significant.

Legal Authority:

7 U.S.C. 181 to 229c

CFR Citation:

9 CFR 201.

Legal Deadline:

None.

Abstract:

The U.S. Department of Agriculture's Grain Inspection, Packers and Stockyards Administration (GIPSA) plans to propose amending part 201 of the Regulations under the Packers and Stockyards Act (P&S Act) (7 U.S.C. 181-229c) to address the use of tournament systems as a method of payment and settlement grouping for poultry growers under contract in poultry growing arrangements with live poultry dealers. The proposed regulation would establish certain requirements to which a live poultry dealer must comply if a tournament system is going to be utilized to determine grower payment. A live poultry dealer's failure to comply would be deemed an unfair, unjustly discriminatory and deceptive practice according to factors outlined in the proposed rule.

Statement of Need:

This proposed section 201.214 will establish criteria that the Secretary may consider when determining whether a live poultry dealer has used a poultry grower ranking system to compensate poultry grower in an unfair, unjustly discriminatory, or deceptive manner, or in a way that gives an undue or unreasonable prejudice or disadvantage. Proposed section 201.210(10) will link the criteria to an unfair practice in violation of section 202(a) of the P&S Act. These provisions are needed to protect poultry growers from unfair, unjustly discriminatory or deceptive practices and devices and from undue or unreasonable prejudice or disadvantage. SUMMARY OF LEGAL BASIS: Section 407 of the P&S Act provides that [t]he Secretary may make such rules, regulations, and orders as may be necessary to carry out the provisions of this Act. This rule is necessary to carry out the provisions of Section 202(a) and (b) of the P&S Act.

Summary of Legal Basis:

GIPSA considered three regulatory alternatives: Maintain the status quo and not propose the regulation; propose a revised version of the proposed rule published in 2010; and propose a revised version that would be phased in as existing contracts expire, are replaced, or modified.

Alternatives:

Anticipated Cost and Benefits:

GIPSA estimates the annualized costs of proposed regulation 201.211 to be less than $11 million. GIPSA estimates the costs to be greater than $100 million annually. GIPSA was unable to quantify the benefits of the regulations. However, the primary benefit of regulation 201.214 is the increased ability to protect poultry growers from unfair practices associated with the use of poultry grower ranking systems. GIPSA also expects that the regulation will improve efficiencies and reduce market failures, by increasing the amount of relevant information available to poultry growers and reducing information asymmetries. Potential poultry growers will make better informed business decisions regarding whether to enter the industry and established poultry growers will make better informed decisions regarding additional capital investments.

Risks:

The risk addressed by this rulemaking is the present uncertainty that poultry growers face regarding treatment in a poultry grower ranking system and the inefficient allocation of resources due to incomplete information needed for business decisions.

Timetable:

Action

Date

FR Cite

Proposed Rule

12/00/16

Regulatory Flexibility Analysis Required:

No.

Government Levels Affected:

None.

Agency Contact:

Raymond Dexter Thomas II, Lead Regulatory Analyst, Department of Agriculture, Grain Inspection, Packers and Stockyards Administration, 1400 Independence Avenue SW., Room 2530-South, Washington, DC 20250,

Phone:

202 720-6529,

Fax:

202 690-2173,

Email: r.dexter.thomas@usda.gov

RIN:

0580-AB26

USDA—GIPSA

6. Unfair Practices and Unreasonable Preference

Priority:

Other Significant.

Legal Authority:

Pub. L. 110-246; 7 U.S.C. 181-229c

CFR Citation:

9 CFR 201.

Legal Deadline:

None.

Abstract:

Title XI of the 2008 Farm Bill required the Secretary of Agriculture to issue a number of regulations under the P&S Act. Among these instructions, the 2008 Farm Bill directed the Secretary to identify criteria to be considered in determining whether an undue or unreasonable preference or advantage has occurred in violation of the P&S Act. In June of 2010, the Grain Inspection, Packers and Stockyards Administration (GIPSA) published a proposed rule addressing this statutory requirement along with several other rules required by the 2008 Farm Bill. Proposed 201.211 to the regulations under the P&S Act would have established criteria that the Secretary may consider in determining if conduct would violate section 202(b) of the P&S Act (undue or unreasonable preference or advantage). While many commenters provided examples of similarly situated poultry growers and livestock producers receiving different treatment, other commenters were concerned about the impacts of the provision on marketing arrangements and other beneficial contractual agreements. Beginning with the FY 2012 appropriations act, USDA was precluded from working on certain proposed regulatory provisions related to the P&S Act, including criteria in this proposal regarding undue or unreasonable preferences or advantages. Consequently, GIPSA did not finalize this rule in 2011. The prohibitions are not included in the Consolidated Appropriations Act, 2016. This rulemaking is necessary to fulfill statutory requirements. Section 201.210 will illustrate by way of examples types of conduct GIPSA would consider unfair, unjustly discriminatory, or deceptive.

Statement of Need:

This proposed rulemaking will establish a list of practices that violate section 202(a) of the P&S Act without a showing of harm to completion and establish criteria that the Secretary will consider when determining whether a packer, swine contractor, or live poultry dealer has engaged in conduct or action that constitutes an undue or unreasonable preference or advantage in violation of section 202(b) of the P&S Act. These provisions are needed to protect livestock producers and poultry growers from unfair, unjustly discriminatory or deceptive practices and devices and from undue or unreasonable prejudice or disadvantage or undue or unreasonable preference or advantage. The 2008 Farm Bill directed the Secretary of Agriculture to establish criteria that the Secretary will consider in determining whether a live poultry dealer has provided reasonable notice to poultry growers of any suspension of the delivery of birds under a poultry growing arrangement; when a requirement of additional capital investments over the life of a poultry growing arrangement or swine production contract constitutes a violation of the P&S Act; and if a live poultry dealer or swine contractor has provided a reasonable period of time for a poultry grower or a swine production contract grower to remedy a breach of contract that could lead to termination of the poultry growing arrangement or swine production contract. GIPSA published final rules establishing the

required criteria in December 2011. These regulations will link the regulatory criteria to a violation of the P&S Act.

Summary of Legal Basis:

Section 11006 of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246) (2008 Farm Bill) required GIPSA to establish criteria regarding: Undue or unreasonable preference or advantage; suspension of delivery of birds under a poultry growing arrangement; additional capital investments for poultry or swine contracts; and reasonable period of time to remedy a breach of contract. GIPSA issued final regulations for three of the four required criteria on December 9, 2011. Section 201.210 of this rule, will link the criteria to a violation of the section 202(a) of the Packers and Stockyards Act. In addition, section 201.210 will identify other conduct that GIPSA considers to be unfair, unjustly discriminatory, or deceptive and a violation of section 202(a) of the P&S Act without a showing of harm to competition. Section 201.211 will establish criteria for the remaining area undue or unreasonable preference or advantage. Together, the regulations will complete the unfinished work from the 2008 Farm Bill. Section 407 of the P&S Act provides that [t]he Secretary may make such rules, regulations, and orders as may be necessary to carry out the provisions of this Act. This rule is necessary to carry out the provisions of section 202(a) and (b) of the P&S Act.

Alternatives:

GIPSA considered three regulatory alternatives: Maintain the status quo and not issue the regulations; issuing revised versions of the proposed rule published in 2010 as proposed rules; and proposing regulations that would be phased in as existing contracts expire.

Anticipated Cost and Benefits:

GIPSA estimates the cost to be greater than $100 million annually. GIPSA was unable to quantify the benefits of the regulations. However, the primary benefit of regulations 201.210 and 201.211 is the increased ability to protect producers and growers through enforcement of the P&S Act for violations of section 202(a) and/or (b) that do not result in harm or the likelihood of harm to competition.

Risks:

The risk addressed by this rulemaking is the present uncertainty that limits enforcement of section 202(a) or (b) of the P&S Act. The clarification provided by this rulemaking will allow the linkage of the regulatory criteria to a violation of the P&S Act, which is a substantial portion of the GIPSA Packers and Stockyards Program's mission.

Timetable:

Action

Date

FR Cite

Proposed Rule

12/00/16

Regulatory Flexibility Analysis Required:

Yes.

Small Entities Affected:

Businesses.

Government Levels Affected:

None.

Agency Contact:

Phone:

202 720-6529,

Fax:

202 690-2173,

Email: r.dexter.thomas@usda.gov

RIN:

0580-AB27

USDA—GIPSA

Final Rule Stage

7. Clarification of Scope

Priority:

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

Legal Authority:

Pub. L. 110-246; 7 U.S.C. 181 to 229c

CFR Citation:

9 CFR 201.

Legal Deadline:

None.

Abstract:

In June of 2010, GIPSA published a proposal to amend section 201.3 of the regulations issued under the Packers and Stockyards Act (P&S Act), 1921, as amended. This proposed change responds to guidance from the courts. The courts, in addressing litigation brought by poultry growers alleging harm, have said that GIPSA's statements regarding the appropriate application of subsections 202(a) and 202(b) are not entitled to deference in the absence of regulation addressing whether the P&S Act prohibits all unfair practices, or only those causing harm or a likelihood of harm to competition. The amendment to 201.3 will establish GIPSA's interpretation of the statute which will then be entitled to judicial deference.

Statement of Need:

This rulemaking will clarify the long held position of the Department of Agriculture that it is not necessary in all cases to demonstrate harm or likely harm to competition in order to establish a violation of either Section 202(a) or (b) of the P&S Act. Several U.S. Courts of Appeals have held that it was necessary for plaintiffs to prove harm or likely harm to competition in cases alleging unfair practices in violation of the P&S Act. The 2008 Farm Bill directed the Secretary of Agriculture to establish criteria that the Secretary will consider in determining whether a live poultry dealer has provided reasonable notice to poultry growers of any suspension of the delivery of birds under a poultry growing arrangement; when a requirement of additional capital investments over the life of a poultry growing arrangement or swine production contract constitutes a violation of the P&S Act; and if a live poultry dealer or swine contractor has provided a reasonable period of time for a poultry grower or a swine production contract grower to remedy a breach of contract that could lead to termination of the poultry growing arrangement or swine production contract. GIPSA published final rules establishing the required criteria in December 2011. However, to link the regulatory criteria and a violation of the P&S Act, requires the interpretation that it is not necessary to show harm to competition in order to prove that a packer, swine contractor, or live poultry dealer has committed an unfair practice in violation of the P&S Act.

Summary of Legal Basis:

Section 407 of the P&S Act provides that [t]he Secretary may make such rules, regulations, and orders as may be necessary to carry out the provisions of this Act. This rule is necessary to carry out the provisions of section 202(a) and (b) of the P&S Act.

Alternatives:

GIPSA considered three regulatory alternatives: Maintain the status quo and not issue the regulation; issuing regulation as an interim final regulation; and issuing the regulation as an interim final regulation but exempting small businesses.

Anticipated Cost and Benefits:

GIPSA estimates the costs to be greater than $100 million annually. GIPSA was unable to quantify the benefits of the regulation. However, the primary benefit of regulation 201.3 is the increased ability to protect producers and growers through enforcement of the P&S Act for violations of section 202(a) and/or (b) that do not result in harm or the likelihood of harm to competition.

Risks:

Timetable:

Action

Date

FR Cite

NPRM

06/22/10

75 FR 35338

NPRM Comment Period End

11/22/10

Interim Final Rule

12/00/16

Regulatory Flexibility Analysis Required:

Yes.

Small Entities Affected:

Businesses.

Government Levels Affected:

None.

Agency Contact:

Phone:

202 720-6529,

Fax:

202 690-2173,

Email: r.dexter.thomas@usda.gov

RIN:

0580-AB25

USDA—FOOD AND NUTRITION SERVICE (FNS)

Final Rule Stage

8. Eligibility, Certification, and Employment and Training Provisions

Priority:

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

Legal Authority:

Pub. L. 110-246; Pub. L. 104-121

CFR Citation:

7 CFR 273.

Legal Deadline:

None.

Abstract:

This final rule amends the regulations governing the Supplemental Nutrition Assistance Program (SNAP) to codify provisions from the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246) (FCEA) concerning the eligibility and certification of SNAP applicants and participants and SNAP employment and training.

Statement of Need:

This rule amends the regulations governing SNAP to implement provisions from the FCEA concerning the eligibility and certification of SNAP applicants and participants and SNAP employment and training. In addition, this rule revises the SNAP regulations throughout 7 CFR part 273 to change the program name from the Food Stamp Program to SNAP and to make other nomenclature changes as mandated by the FCEA. The statutory effective date of these provisions was October 1, 2008. The Food and Nutrition Service (FNS) is also implementing two discretionary revisions to SNAP regulations to provide State agencies options that are available currently only through waivers. These provisions allow State agencies to average student work hours and to provide telephone interviews in lieu of face-to-face interviews. FNS anticipates that this rule will impact the associated paperwork burdens.

Summary of Legal Basis:

Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246).

Alternatives:

Most aspects of the rule are non-discretionary and tied to specific requirements for SNAP in the FCEA, and others were new program options the FCEA created that State agencies may include in their administration of the program. FNS did consider alternatives within these mandatory and optional FCEA provisions addressed in the rule. For example, under the new optional provision implementing section 4119 of the FCEA, Telephonic Signature Systems, FNS considered what specific conditions must be satisfied for a signature to be considered a spoken signature.

Anticipated Cost and Benefits:

The proposed rule estimated total SNAP costs to the Government of the FCEA provisions proposed in the rule to be $831 million in fiscal 2010 and $5.619 billion over the five years of fiscal year 2010 through fiscal year 2014. The final rule will present a revised cost analysis. There are many potential societal benefits of this rule, including that certain provisions in the rule will reduce the administrative burden for households and State agencies.

Risks:

The statutory and discretionary changes under consideration would streamline program operations. The changes are expected to reduce the risk of inefficient operations.

Timetable:

Action

Date

FR Cite

NPRM

05/04/11

76 FR 25414

NPRM Comment Period End

07/05/11

Final Action

11/00/16

Regulatory Flexibility Analysis Required:

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

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-AD87

USDA—FNS

9. 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.

Legal Authority:

Pub. L. 111-296

CFR Citation:

7 CFR 210; 7 CFR 220.

Legal Deadline:

None.

Abstract:

This rule codifies a provision of the Healthy, Hunger-Free Kids Act (Pub. L. 111-296; the Act) under 7 CFR parts 210 and 220. 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 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:

Several alternatives were considered in the proposed rule that were not incorporated into the final rule. Alternatives included different options for the treatment of entrees and side dishes that are served as part of a reimburseable meal, options for establishing limits on the frequency of exempt fundraisers, options for public comment on lower-calorie beverages for high school students, and an option that considered prohibiting the sale of beverages with added caffeine to high school students.

Anticipated Cost and Benefits:

Expected Costs Analysis and Budgetary Effects Statement: We expect 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 & Interim Final Rule

07/29/16

81 FR 50131

Final Action

03/00/17

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:

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-AE09

USDA—FNS

10. 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:

The final rule will address the criteria used to authorize retail food stores for redemption of SNAP benefits.

Statement of Need:

The Agricultural Act 2014 (2014 Farm Bill) amended the Food and Nutrition Act of 2008 to increase the required amount of food that certain SNAP authorized retail food stores have available on a continual basis from at least three varieties of items in each of four staple food categories to a mandatory minimum of seven varieties. The 2014 Farm Bill also amended the Act to increase the minimum number of categories in which perishable foods are required from two to three. This rule codifies these mandatory requirements. Further, the rulemaking addresses depth of stock, redefines staple and accessory foods, and amends 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) prohibits 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:

Alternative approaches to several discretionary provisions are being considered based on commenter feedback on the proposed rule.

Anticipated Cost and Benefits:

The 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

02/17/16

81 FR 8015

NPRM Comment Period End

05/18/16

Final Action

11/00/16

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

11. 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 the SNAP Electronic Benefit Transfer (EBT) card contain a photo of one or more household members. The final 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, 7 U.S.C. 2011

et seq.,

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:

The final rule would mostly codify guidance issued in December 2014. The Department considered not issuing any regulation on photo EBT cards.

Anticipated Cost and Benefits:

The changes 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.

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:

This rule will promulgate and expand on current program guidance 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

01/06/16

81 FR 398

NPRM Comment Period End

03/07/16

Final Action

12/00/16

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—FOOD SAFETY AND INSPECTION SERVICE (FSIS)

Proposed Rule Stage

12. Revision of the Nutrition Facts Panels for Meat and Poultry Products and Updating Certain Reference Amounts Customarily Consumed

Priority:

Other Significant.

Legal Authority:

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

et seq.

); Poultry Products Inspection Act (21 U.S.C. 451

et seq.

)

CFR Citation:

9 CFR 317; 9 CFR 381; 9 CFR 413.

Legal Deadline:

None.

Abstract:

Consistent with the recent changes that the Food and Drug Administration (FDA) finalized, the Food Safety and Inspection Service (FSIS) is proposing to amend the Federal meat and poultry products inspection regulations to update and revise the nutrition labeling requirements for meat and poultry products to reflect recent scientific research and dietary recommendations and to improve the presentation of nutrition information to assist consumers in maintaining healthy dietary practices. FSIS is proposing to (1) update the list of nutrients that are required or permitted to be declared; (2) provide updated Daily Reference Values (DRV) and Reference Daily Intake (RDI) values that are based on current dietary recommendations from consensus reports; and (3) amend the requirements for foods represented or purported to be specifically for children under the age of four years and pregnant and lactating women and establish nutrient reference values specifically for these population subgroups. FSIS is also proposing to revise the format and appearance of the Nutrition Facts Panel; amend the definition of a single-serving container; require dual-column labeling for certain containers; and update and modify several reference amounts customarily consumed (RACCs or reference amounts). FSIS also is proposing to consolidate the nutrition labeling regulations for meat and poultry products into a new Code of Federal Regulations (CFR) part.

Statement of Need:

On May 27, 2016, the Food and Drug Administration (FDA) published two final rules: (1) “Food Labeling: Revision of the Nutrition and Supplement Facts Labels” (81 FR 33742); and (2) “Food Labeling: Serving Sizes of Foods that Can Reasonably be Consumed at One Eating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments” (81 FR 34000). FDA finalized these rules to update the Nutrition Facts label to reflect new nutrition and public health research, to reflect recent dietary recommendations from expert groups, and to improve the presentation of nutrition information to help consumers make more informed choices and maintain healthy dietary practices. FSIS has reviewed FDA's analysis and, to ensure that nutrition information is presented consistently across the food supply, FSIS will propose to amend the nutrition labeling regulations for meat and poultry products to parallel, to the extent possible, FDA's regulations. This approach will help increase clarity of information to consumers and will improve efficiency in the marketplace.

Summary of Legal Basis:

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

et seq.

) and the Poultry Products Inspection Act (21 U.S.C. 451

et seq.

Alternatives:

FSIS is considering different alternatives for presentation of nutrition information on the Nutrition Facts Panel.

Anticipated Cost and Benefits:

These proposed regulations are expected to benefit consumers by increasing and improving dietary information available in the market. An estimate of the monetary benefits from these market improvements can be obtained by calculating the medical cost savings generated by linking information use to improved consumer diets. In addition, FSIS believes that the public would be better served by having the regulations governing nutrition labeling consolidated in one part of title 9. Rather than searching through two separate parts of title 9, CFR parts 317 and 381, to find the nutrition labeling regulations, interested parties would only have to survey one, part 413, to be able to apply nutrition panels to their meat and poultry products. The proposed actions would necessitate the majority of products to be relabeled. Firms would incur a one-time cost for relabeling, recordkeeping costs, and costs associated with voluntary reformulation.

Risks:

None.

Timetable:

Action

Date

FR Cite

NPRM

11/00/16

Regulatory Flexibility Analysis Required:

No.

Small Entities Affected:

Businesses.

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-AD56

USDA—FSIS

13. • Modernization of Swine Slaughter Inspection

Priority:

Other Significant.

Legal Authority:

21 U.S.C. 601

et seq.

CFR Citation:

9 CFR 301, 309, 310, and 314.

Legal Deadline:

None.

Abstract:

The Food Safety and Inspection Service (FSIS) is proposing to amend the Federal meat inspection regulations to establish a new inspection system for swine slaughter establishments demonstrated to provide greater public health protection than the existing inspection system. The Agency is also proposing several changes to the regulations that would affect all establishments that slaughter swine, regardless of the inspection system under which they operate.

Statement of Need:

The proposed action is necessary to improve food safety; improve compliance with the Humane Methods of Slaughter Act; improve the effectiveness of market hog slaughter inspection; make better use of the Agency's resources; and remove unnecessary regulatory obstacles to innovation.

Summary of Legal Basis:

21 U.S.C. 601

et seq.

Alternatives:

The Agency is considering alternatives such as: (1) A mandatory New Swine Slaughter Inspection System (NSIS) for market hog slaughter establishments and (2) a voluntary NSIS for market hog establishments, under which FSIS would conduct the same offline inspection activities as traditional inspection.

Anticipated Cost and Benefits:

The estimated total annualized value of all mandatory costs to industry is approximately $0.74 million, while total annualized value of all voluntary costs to industry is approximately $11.66 million, assuming a 10 year annualization and a 3 percent discount rate. Estimated combined the total annualized costs to industry is approximately $12.40 million ($0.77 + $11.66), assuming a 10 year annualization and a 3 percent discount rate. FSIS estimates industry-wide adoption of the NSIS would reduce the number of human illness attributed to products derived from market hog by an average of about 2,621 Salmonella illnesses, which represents potential savings of approximately $9.56 million annually. The Agency's budget is expected to be impacted by changes to personnel and training requirements. The estimated annualized value of the combined changes to the Agency's budget is a net reduction of roughly $8.77 million, over 10 years assuming a 3 percent discount rate. With the expected impact on the Agency's budget included, and assuming all large and small exclusively market hog establishments convert to NSIS, the rule is anticipated to have a net benefit of approximately $4.97 million a year, annualized over 10 years assuming a 3 percent discount rate.

Risks:

None.

Timetable:

Action

Date

FR Cite

NPRM

03/00/17

Regulatory Flexibility Analysis Required:

No.

Small Entities Affected:

Businesses.

Government Levels Affected:

None.

Agency Contact:

Charles Williams, Director, Issuances Staff (IS), Department of Agriculture, Food Safety and Inspection Service, Office of Policy and Program Development, 1400 Independence Avenue SW., Room 6065, South Building, Washington, DC 20250-3700,

Phone:

202 720-5627,

Fax:

202 690-0486,

Email: charles.williams@fsis.usda.gov

RIN:

0583-AD62

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 technology transfer is consistent with our nation's economic and security interests;

• Provide effective management and stewardship of our nation's resources and assets to ensure sustainable economic opportunities; and

• Make informed policy decisions and enable better understanding of the economy by providing accurate economic and demographic data.

Commerce is a vital resource base, a tireless advocate, and Cabinet-level voice for job creation.

The Regulatory Plan tracks the most important regulations that implement these policy and program priorities,

several of which involve regulation of the private sector by Commerce.

Responding to the Administration's Regulatory Philosophy and Principles

The vast majority of the Commerce's programs and activities do not involve regulation. Of Commerce's 12 primary operating units, only the National Oceanic and Atmospheric Administration (NOAA) will be planning actions that are considered the “most important” significant pre-regulatory or regulatory actions for FY 2017. During the next year, NOAA plans to publish five rulemaking actions that are designated as Regulatory Plan actions. The Bureau of Industry and Security (BIS) may also publish rulemaking actions designated as Regulatory Plan actions. Further information on these actions is provided below.

Commerce has a long-standing policy to prohibit the issuance of any regulation that discriminates on the basis of race, religion, gender, or any other suspect category and requires that all regulations be written so as to be understandable to those affected by them. The Secretary also requires that Commerce afford the public the maximum possible opportunity to participate in Departmental rulemakings, even where public participation is not required by law.

National Oceanic and Atmospheric Administration

NOAA establishes and administers Federal policy for the conservation and management of the Nation's oceanic, coastal, and atmospheric resources. It provides a variety of essential environmental and climate services vital to public safety and to the Nation's economy, such as weather forecasts, drought forecasts, and storm warnings. It is a source of objective information on the state of the environment. NOAA plays the lead role in achieving Commerce's goal of promoting stewardship by providing assessments of the global environment.

Recognizing that economic growth must go hand-in-hand with environmental stewardship, Commerce, through NOAA, conducts programs designed to provide a better understanding of the connections between environmental health, economics, and national security. Commerce's emphasis on “sustainable fisheries” is designed to boost long-term economic growth in a vital sector of the U.S. economy while conserving the resources in the public trust and minimizing any economic dislocation necessary to ensure long-term economic growth. Commerce is where business and environmental interests intersect, and the classic debate on the use of natural resources is transformed into a “win-win” situation for the environment and the economy.

Three of NOAA's major components, the National Marine Fisheries Services (NMFS), the National Ocean Service (NOS), and the National Environmental Satellite, Data, and Information Service (NESDIS), exercise regulatory authority.

NMFS oversees the management and conservation of the Nation's marine fisheries, protects threatened and endangered marine and anadromous species and marine mammals, and promotes economic development of the U.S. fishing industry. NOS assists the coastal States in their management of land and ocean resources in their coastal zones, including estuarine research reserves; manages the national marine sanctuaries; monitors marine pollution; and directs the national program for deep-seabed minerals and ocean thermal energy. NESDIS administers the civilian weather satellite program and licenses private organizations to operate commercial land-remote sensing satellite systems.

Commerce, through NOAA, has a unique role in promoting stewardship of the global environment through effective management of the Nation's marine and coastal resources and in monitoring and predicting changes in the Earth's environment, thus linking trade, development, and technology with environmental issues. NOAA has the primary Federal responsibility for providing sound scientific observations, assessments, and forecasts of environmental phenomena on which resource management, adaptation, and other societal decisions can be made.

In the environmental stewardship area, NOAA's goals include: Rebuilding and maintaining strong U.S. fisheries by using market-based tools and ecosystem approaches to management; increasing the populations of depleted, threatened, or endangered species and marine mammals by implementing recovery plans that provide for their recovery while still allowing for economic and recreational opportunities; promoting healthy coastal ecosystems by ensuring that economic development is managed in ways that maintain biodiversity and long-term productivity for sustained use; and modernizing navigation and positioning services. In the environmental assessment and prediction area, goals include: Understanding climate change science and impacts, and communicating that understanding to government and private sector stakeholders enabling them to adapt; continually improving the National Weather Service; implementing reliable seasonal and interannual climate forecasts to guide economic planning; providing science-based policy advice on options to deal with very long-term (decadal to centennial) changes in the environment; and advancing and improving short-term warning and forecast services for the entire environment.

Magnuson-Stevens Fishery Conservation and Management Act

Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) rulemakings concern the conservation and management of fishery resources in the U.S. Exclusive Economic Zone (generally 3-200 nautical miles). Among the several hundred rulemakings that NOAA plans to issue in FY 2017, a number of the preregulatory and regulatory actions will be significant. The exact number of such rulemakings is unknown, since they are usually initiated by the actions of eight regional Fishery Management Councils (FMCs) that are responsible for preparing fishery management plans (FMPs) and FMP amendments, and for drafting implementing regulations for each managed fishery. NOAA issues regulations to implement FMPs and FMP amendments. Once a rulemaking is triggered by an FMC, the Magnuson-Stevens Act places stringent deadlines upon NOAA by which it must exercise its rulemaking responsibilities. FMPs and FMP amendments for Atlantic highly migratory species, such as

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