# Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2017 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2017-28207 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** January 12, 2018 - **Citation:** 83 FR 1664 ## Text REGULATORY INFORMATION SERVICE CENTER Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions—Fall 2017 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,” Executive Order 13771, “Reducing Regulation and Controlling Regulatory Costs,” January 30, 2017, and Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” February 24, 2017. 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 website (or below, VI. How Can Users Get Copies of the Plan and the Agenda?). The fall 2017 Unified Agenda publication appearing in the Federal Register includes the Regulatory Plan and agency regulatory flexibility agendas, in accordance with the publication requirements of the Regulatory Flexibility Act. Agency regulatory flexibility agendas contain only those Agenda entries for rules that are likely to have a significant economic impact on a substantial number of small entities and entries that have been selected for periodic review under section 610 of the Regulatory Flexibility Act. The complete fall 2017 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 2017 Regulatory Plan AGENCY REGULATORY PLANS Cabinet Departments Department of Agriculture Department of Commerce Department of Defense Department of Education Department of Energy Department of Health and Human Services Department of Homeland Security Department of Housing and Urban Development Department of the Interior Department of Justice Department of Labor Department of Transportation Department of the Treasury Department of Veterans Affairs Other Executive Agencies Architectural and Transportation Barriers Compliance Board Environmental Protection Agency Equal Employment Opportunity Commission General Services Administration National Aeronautics and Space Administration National Archives and Records Administration Office of Personnel Management Pension Benefit Guaranty Corporation Small Business Administration Social Security Administration Independent Regulatory Agencies Consumer Financial Protection Bureau Consumer Product Safety Commission Federal Trade Commission National Indian Gaming Commission Nuclear Regulatory Commission AGENCY REGULATORY FLEXIBILITY AGENDAS Cabinet Departments Department of Agriculture Department of Commerce Department of Defense Department of Energy Department of Health and Human Services Department of Homeland Security Department of Housing and Urban Development Department of the Interior Department of Justice Department of Labor Department of Transportation Department of the Treasury Other Executive Agencies Architectural and Transportation Barriers Compliance Board Environmental Protection Agency General Services Administration Small Business Administration Joint Authority Department of Defense/General Services Administration/National Aeronautics and Space Administration (Federal Acquisition Regulation) Independent Regulatory Agencies Commodity Futures Trading Commission Consumer Financial Protection Bureau Consumer Product Safety Commission Federal Communications 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 to1995. The complete online edition of the Unified Agenda includes regulatory agendas from 67 Federal agencies. Agencies of the United States Congress are not included. The fall 2017 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 American Battle Monuments Commission Commission on Civil Rights Committee for Purchase From People Who Are Blind or Severely Disabled Corporation for National and Community Service Court Services and Offender Supervision Agency for the District of Columbia Equal Employment Opportunity Commission * Institute of Museum and Library Services National Aeronautics and Space Administration * National Archives and Records Administration * National Endowment for the Arts National Endowment for the Humanities National Mediation Board 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 Presidio Trust Privacy and Civil Liberties Oversight Board Railroad Retirement Board Social Security Administration * Tennessee Valley Authority Independent Agencies Council of the Inspectors General on Integrity and Efficiency Defense Nuclear Facilities Safety Board Farm Credit Administration Federal Deposit Insurance Corporation Federal Energy Regulatory Commission Federal Housing Finance Agency Federal Maritime Commission Federal Trade Commission * National Credit Union Administration National Indian Gaming Commission * National Labor Relations Board National Transportation Safety Board Postal Regulatory Commission Special Inspector General for Afghanistan Reconstruction 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,” 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 13771 Executive Order 13771, “Reducing Regulation and Controlling Regulatory Costs,” January 30, 2017 (82 FR 9339) requires each agency to identify for elimination two prior regulations for every one new regulation issued, and the cost of planned regulations be prudently managed and controlled through a budgeting process. Executive Order 13777 Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” February 24, 2017 (82 FR 12285) requires each agency to designate an agency official as its Regulatory Reform Officer (RRO). Each RRO shall oversee the implementation of regulatory reform initiatives and policies to ensure that agencies effectively carry out regulatory reforms, consistent with applicable law. The Executive Order also directs that each agency designate a regulatory Reform Task Force. Executive Order 13563 Executive Order 13563, “Improving Regulation and Regulatory Review,” January 18, 2011 (76 FR 3821) 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,” 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,” May 18, 2001 (66 FR 28355), directs agencies to provide, to the extent possible, information regarding the adverse effects that agency actions may have on the supply, distribution, and use of energy. Under the Order, the agency must prepare and submit a Statement of Energy Effects to the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, for “those matters identified as significant energy actions.” As part of this effort, agencies may optionally include in their submissions for the Unified Agenda information on whether they have prepared or plan to prepare a Statement of Energy Effects for their regulatory actions. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act (Pub. L. 104-121, title II) established a procedure for congressional review of rules (5 U.S.C. 801 et seq. ), which defers, unless exempted, the effective date of a “major” rule for at least 60 days from the publication of the final rule in the Federal Register . The Act specifies that a rule is “major” if it has resulted, or is likely to result, in an annual effect on the economy of $100 million or more or meets other criteria specified in that Act. The Act provides that the Administrator of OIRA will make the final determination as to whether a rule is major. III. How Are the Regulatory Plan and the Unified Agenda Organized? The Regulatory Plan appears in part II in a daily edition of the Federal Register . The Plan is a single document beginning with an introduction, followed by a table of contents, followed by each agency's section of the Plan. Following the Plan in the Federal Register , as separate parts, are the regulatory flexibility agendas for each agency whose agenda includes entries for rules which are likely to have a significant economic impact on a substantial number of small entities or rules that have been selected for periodic review under section 610 of the Regulatory Flexibility Act. Each printed agenda appears as a separate part. The sections of the Plan and the parts of the Unified Agenda are organized alphabetically in four groups: Cabinet departments; other executive agencies; the Federal Acquisition Regulation, a joint authority (Agenda only); and independent regulatory agencies. Agencies may in turn be divided into subagencies. Each printed agency agenda has a table of contents listing the agency's printed entries that follow. Each agency's part of the Agenda contains a preamble providing information specific to that agency. Each printed agency agenda has a table of contents listing the agency's printed entries that follow. Each agency's section of the Plan contains a narrative statement of regulatory priorities and, for most agencies, a description of the agency's most important significant regulatory and deregulatory actions. Each agency's part of the Agenda contains a preamble providing information specific to that agency plus descriptions of the agency's regulatory and deregulatory actions. The online, complete Unified Agenda contains the preambles of all participating agencies. Unlike the printed edition, the online Agenda has no fixed ordering. In the online Agenda, users can select the particular agencies' agendas they want to see. Users have broad flexibility to specify the characteristics of the entries of interest to them by choosing the desired responses to individual data fields. To see a listing of all of an agency's entries, a user can select the agency without specifying any particular characteristics of entries. Each entry in the Agenda is associated with one of five rulemaking stages. The rulemaking stages are: 1. Prerule Stage —Actions agencies will undertake to determine whether or how to initiate rulemaking. Such actions occur prior to a Notice of Proposed Rulemaking (NPRM) and may include Advance Notices of Proposed Rulemaking (ANPRMs) and reviews of existing regulations. 2. Proposed Rule Stage —Actions for which agencies plan to publish a Notice of Proposed Rulemaking as the next step in their rulemaking process or for which the closing date of the NPRM Comment Period is the next step. 3. Final Rule Stage —Actions for which agencies plan to publish a final rule or an interim final rule or to take other final action as the next step. 4. Long-Term Actions —Items under development but for which the agency does not expect to have a regulatory action within the 12 months after publication of this edition of the Unified Agenda. Some of the entries in this section may contain abbreviated information. 5. Completed Actions —Actions or reviews the agency has completed or withdrawn since publishing its last agenda. This section also includes items the agency began and completed between issues of the Agenda. Long-Term Actions are rulemakings reported during the publication cycle that are outside of the required 12-month reporting period for which the Agenda was intended. Completed Actions in the publication cycle are rulemakings that are ending their lifecycle either by Withdrawal or completion of the rulemaking process. Therefore, the Long-Term and Completed RINs do not represent the ongoing, forward-looking nature intended for reporting developing rulemakings in the Agenda pursuant to Executive Order 12866, section 4(b) and 4(c). To further differentiate these two stages of rulemaking in the Unified Agenda from active rulemakings, Long-Term and Completed Actions are reported separately from active rulemakings, which can be any of the first three stages of rulemaking listed above. A separate search function is provided on http://reginfo.gov to search for Completed and Long-Term Actions apart from each other and active RINs. A bullet (•) preceding the title of an entry indicates that the entry is appearing in the Unified Agenda for the first time. In the printed edition, all entries are numbered sequentially from the beginning to the end of the publication. The sequence number preceding the title of each entry identifies the location of the entry in this edition. The sequence number is used as the reference in the printed table of contents. Sequence numbers are not used in the online Unified Agenda because the unique Regulation Identifier Number (RIN) is able to provide this cross-reference capability. Editions of the Unified Agenda prior to fall 2007 contained several indexes, which identified entries with various characteristics. These included regulatory actions for which agencies believe that the Regulatory Flexibility Act may require a Regulatory Flexibility Analysis, actions selected for periodic review under section 610(c) of the Regulatory Flexibility Act, and actions that may have federalism implications as defined in Executive Order 13132 or other effects on levels of government. These indexes are no longer compiled, because users of the online Unified Agenda have the flexibility to search for entries with any combination of desired characteristics. The online edition retains the Unified Agenda's subject index based on the Federal Register Thesaurus of Indexing Terms. In addition, online users have the option of searching Agenda text fields for words or phrases. IV. What information appears for each entry? All entries in the online Unified Agenda contain uniform data elements including, at a minimum, the following information: Title of the Regulation —A brief description of the subject of the regulation. In the printed edition, the notation “Section 610 Review” following the title indicates that the agency has selected the rule for its periodic review of existing rules under the Regulatory Flexibility Act (5 U.S.C. 610(c)). Some agencies have indicated completions of section 610 reviews or rulemaking actions resulting from completed section 610 reviews. In the online edition, these notations appear in a separate field. Priority —An indication of the significance of the regulation. Agencies assign each entry to one of the following five categories of significance. (1) Economically Significant As defined in Executive Order 12866, a rulemaking action that will have an annual effect on the economy of $100 million or more or will adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. The definition of an “economically significant” rule is similar but not identical to the definition of a “major” rule under 5 U.S.C. 801 (Pub. L. 104-121). (See below.) (2) Other Significant A rulemaking that is not Economically Significant but is considered Significant by the agency. This category includes rules that the agency anticipates will be reviewed under Executive Order 12866 or rules that are a priority of the agency head. These rules may or may not be included in the agency's regulatory plan. (3) Substantive, Nonsignificant A rulemaking that has substantive impacts, but is neither Significant, nor Routine and Frequent, nor Informational/Administrative/Other. (4) Routine and Frequent A rulemaking that is a specific case of a multiple recurring application of a regulatory program in the Code of Federal Regulations and that does not alter the body of the regulation. (5) Informational/Administrative/Other A rulemaking that is primarily informational or pertains to agency matters not central to accomplishing the agency's regulatory mandate but that the agency places in the Unified Agenda to inform the public of the activity. Major —Whether the rule is “major” under 5 U.S.C. 801 (Pub. L. 104-121) because it has resulted or is likely to result in an annual effect on the economy of $100 million or more or meets other criteria specified in that Act. The Act provides that the Administrator of the Office of Information and Regulatory Affairs will make the final determination as to whether a rule is major. Unfunded Mandates —Whether the rule is covered by section 202 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The Act requires that, before issuing an NPRM likely to result in a mandate that may result in expenditures by State, local, and tribal governments, in the aggregate, or by the private sector of more than $100 million in 1 year, agencies, other than independent regulatory agencies, shall prepare a written statement containing an assessment of the anticipated costs and benefits of the Federal mandate. Legal Authority —The section(s) of the United States Code (U.S.C.) or Public Law (Pub. L.) or the Executive order (E.O.) that authorize(s) the regulatory action. Agencies may provide popular name references to laws in addition to these citations. CFR Citation —The section(s) of the Code of Federal Regulations that will be affected by the action. Legal Deadline —Whether the action is subject to a statutory or judicial deadline, the date of that deadline, and whether the deadline pertains to an NPRM, a Final Action, or some other action. Abstract —A brief description of the problem the regulation will address; the need for a Federal solution; to the extent available, alternatives that the agency is considering to address the problem; and potential costs and benefits of the action. Timetable —The dates and citations (if available) for all past steps and a projected date for at least the next step for the regulatory action. A date displayed in the form 12/00/14 means the agency is predicting the month and year the action will take place but not the day it will occur. In some instances, agencies may indicate what the next action will be, but the date of that action is “To Be Determined.” “Next Action Undetermined” indicates the agency does not know what action it will take next. Regulatory Flexibility Analysis Required —Whether an analysis is required by the Regulatory Flexibility Act (5 U.S.C. 601 et seq. ) because the rulemaking action is likely to have a significant economic impact on a substantial number of small entities as defined by the Act. Small Entities Affected —The types of small entities (businesses, governmental jurisdictions, or organizations) on which the rulemaking action is likely to have an impact as defined by the Regulatory Flexibility Act. Some agencies have chosen to indicate likely effects on small entities even though they believe that a Regulatory Flexibility Analysis will not be required. Government Levels Affected —Whether the action is expected to affect levels of government and, if so, whether the governments are State, local, tribal, or Federal. International Impacts —Whether the regulation is expected to have international trade and investment effects, or otherwise may be of interest to the Nation's international trading partners. Federalism —Whether the action has “federalism implications” as defined in Executive Order 13132. This term refers to actions “that have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” Independent regulatory agencies are not required to supply this information. Included in the Regulatory Plan —Whether the rulemaking was included in the agency's current regulatory plan published in fall 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 . E.O. —An Executive order is a directive from the President to Executive agencies, issued under constitutional or statutory authority. Executive orders are published in the Federal Register and in title 3 of the Code of Federal Regulations. FR —The Federal Register is a daily Federal Government publication that provides a uniform system for publishing Presidential documents, all proposed and final regulations, notices of meetings, and other official documents issued by Federal agencies. FY —The Federal fiscal year runs from October 1 to September 30. □ NPRM —A Notice of Proposed Rulemaking is the document an agency issues and publishes in the Federal Register that describes and solicits public comments on a proposed regulatory action. Under the Administrative Procedure Act (5 U.S.C. 553), an NPRM must include, at a minimum: A statement of the time, place, and nature of the public rulemaking proceeding; □ A reference to the legal authority under which the rule is proposed; and either the terms or substance of the proposed rule or a description of the subjects and issues involved. 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, Public Law 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 website. Please contact the particular agency for further information. All editions of The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions since fall 1995 are available in electronic form at http://reginfo.gov, along with flexible search tools. The Government Printing Office's GPO FDsys website 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 29, 2017. John C. Thomas, Executive Director. Introduction to the Fall 2017 Regulatory Plan Following statutory directions, the Executive Branch implements many federal policies through regulatory action in areas as diverse as homeland security, environmental protection, energy policy, transportation, federal land management, education, and commerce. Over many decades, federal agencies have imposed countless regulatory requirements on individuals, businesses, landowners, and state and local governments. Some of these regulations serve important public purposes. Other regulations, however, are outdated, duplicative, or unnecessary, yet they continue to impose costly burdens. President Trump has committed to reducing the regulatory burden on the American public in order to promote economic growth, job creation, and innovation. This Fall 2017 Regulatory Plan reflects a fundamental shift. The Trump Administration recognizes that excessive and unnecessary federal regulations limit individual freedom and suppress the innovation and entrepreneurship that make America great. Starting with confidence in private markets and individual choices, this Administration is reassessing existing regulatory burdens. In the 2017 Plan, Agencies have identified regulatory actions ripe for reform and are working to eliminate or modify them. This Administration also approaches the imposition of new regulatory requirements with caution to ensure that regulations are consistent with law, necessary to correct a substantial market failure, and net beneficial to the public. Furthermore, the Plan, along with the Unified Agenda of Regulatory and Deregulatory Actions (“Agenda”), identifies the Administration's priorities in manner that is transparent and accessible to the public. Our regulatory philosophy and approach emphasize the connection between limited government intervention and individual liberty. Regulatory policy should serve the American people by staying within legal limits and administering the law with respect for due process and fair notice. The 2017 Plan sets forth the Administration's roadmap for a more limited, effective, and accountable regulatory policy. Federal Regulatory Policy The 2017 Plan both sets a new direction in regulatory policy and preserves many longstanding regulatory best practices. Stressing that “it is essential to manage the costs associated with the governmental imposition of private expenditures required to comply with Federal regulations,” President Trump directed all federal agencies to eliminate two regulations for each new one implemented and to reduce new regulatory costs to zero in Executive Order 13771 (“Reducing Regulation and Controlling Regulatory Costs,” January 30, 2017). He also created regulatory reform officers and regulatory reform taskforces in each agency in Executive Order 13777 (“Enforcing the Regulatory Reform Agenda,” February 24, 2017). Within the Office of Management and Budget, the Office of Information and Regulatory Affairs (“OIRA”) implements federal regulatory policy and has led efforts to implement these presidential directives, working with agencies to identify deregulatory actions and eliminate regulatory burdens. OIRA also continues to respect and pursue longstanding principles and practices of centralized regulatory review. These principles, set out in President Clinton's Executive Order 12866, emphasize that agencies should regulate only when necessary, when consistent with law, and in a manner that produces real net benefits for the American people. The Administration also takes seriously retrospective review and the imperative to evaluate the actual costs and benefits of existing regulations. The President's two-for-one directive and the creation of a regulatory cap requires that agencies eliminate unnecessary or excessively burdensome rules as part of their regulatory planning. OIRA works with agencies to promote sound science and economic analysis. Agencies should develop improved regulatory impact analyses of the costs and benefits of their actions, relying on reasonable assumptions and public input. In some instances, analysis will require revisiting previous regulatory impact assessments to ensure that they reflect the best possible estimate of costs and benefits. Moving forward, it requires rigor and fairness in assessing the actual impacts of new regulatory and deregulatory policies. This Administration's regulatory philosophy also emphasizes the rule of law, including constitutional, statutory, and procedural limits on administrative action. For instance, OIRA requires agencies to indicate the legal authority for regulatory actions, whether from a statute or judicial order. We look closely at planned regulatory and deregulatory actions to ensure that they follow the law and the correct administrative procedures. Moreover, the Administration has reinforced the importance of fair notice and due process. In particular, this means agencies should closely examine their use of sub-regulatory actions, such as guidance documents, enforcement manuals, interpretive rules, “FAQs,” and the like. Such documents can serve an important role in explaining existing statutory or regulatory requirements; however, they should not be used to impose new or additional legal obligations or requirements. Accordingly, this Administration has encouraged agencies to take a close look at existing guidance documents to assess whether some of them should be withdrawn or modified, or whether their requirements should go through a process of notice and comment rulemaking. Limiting guidance to its intended purpose of clarifying existing law rather than making new law will provide greater transparency about the regulatory process and ensure that regulated entities and the public have notice and an opportunity to comment on significant changes in regulatory requirements. These specific policies rest on foundational principles of the proper role of the Executive Branch in our constitutional system of separation of powers. Agencies should administer the law found in statutes, not make new law, and they should respect the judicial role in enforcing limits on administrative power. Moreover, faithful execution of the laws requires the Administration be directly accountable for its regulatory policies and ensure that regulations and their enforcement benefit the American people. 2018 Regulatory Priorities Reducing regulatory burdens. One of the primary priorities reflected in the 2017 Regulatory Plan is the reduction of regulatory burdens. Accordingly, in 2018, across the Administration agencies anticipate eliminating and streamlining approximately three regulations for each new one imposed. Moreover, agencies are set to substantially reduce overall regulatory costs. This Regulatory Plan reflects a new direction that recognizes the costs of accumulated regulatory burdens and looks for ways to reduce those burdens by modifying or eliminating regulations; revising or eliminating guidance documents; and streamlining information collections. Agencies have taken several approaches to identifying burdens that can be minimized or eliminated. Regulatory reform task forces have brought together political leadership and career staff to review and revise existing regulations. Agencies have sought extensive public comments, both through written submissions and public listening sessions. Other agencies have studied specific problems of overregulation and drafted comprehensive reports evaluating existing regulations. Based on extensive experience across administrations, OIRA has also worked with the agencies to identify potential areas for reform. These efforts by the agencies, in consultation with the public and OIRA, have yielded notable progress, as reflected in the agency Regulatory Plans that follow. Efficacious new regulations. Agencies have also planned new regulatory initiatives required by law or by a compelling public need. These actions should be guided by good regulatory practices, which include regulating only when necessary, carefully studying lawful alternatives, and engaging with the public and affected parties. Moreover, when proceeding with regulations, agencies should rely on sound science and thorough cost-benefit analysis. Unless specifically required by law, agencies should regulate only when the benefits substantially outweigh the costs, and OIRA will carefully examine each proposed regulation to ensure that it is the least burdensome regulatory approach that meets the relevant statutory standards. Transparency and public access. This Administration remains committed to transparency in the regulatory process, public access to information about regulatory policy, and public participation in proposed rules. OIRA is working with agencies to ensure that items listed on the Plan and Agenda reflect carefully considered and current policy priorities. In addition, with this Regulatory Plan and Fall Agenda, OIRA has taken a number of steps to improve transparency. For instance, we have published the “Inactive List,” a list of regulations agencies might pursue in the future. Although maintained for many years, the Inactive list was not previously available to the public. Publishing the Inactive List online allows the public a more complete picture of anticipated agency actions. OIRA has also implemented enhanced categorization and online search capabilities for the Agenda, so the public can identify actions anticipated to be regulatory or deregulatory and other detailed information. We hope these enhancements will further public understanding of proposed regulatory actions and encourage participation in the regulatory process. Conclusion The agency plans that follow push against the inertia of steadily expanding regulatory burdens and represent this Administration's commitment to reducing regulations that no longer benefit our society. The plans also send a clear message that the public can invest and plan for the future without the looming threat of burdensome and unnecessary new regulations. OIRA looks forward to working with the agencies and all interested stakeholders to deliver meaningful regulatory reform to the American people. Neomi Rao, Administrator, Office of Information and Regulatory Affairs. Department of Agriculture Sequence No. Title Regulation Identifier No. Rulemaking stage 1 National Bioengineered Food Disclosure Standard 0581-AD54 Proposed Rule Stage. 2 NOP: Organic Livestock and Poultry Practices 0581-AD75 Proposed Rule Stage. 3 Lacey Act Implementation Plan: De Minimis Exception and Composite Articles 0579-AD44 Proposed Rule Stage. 4 National Environmental Policy Act Implementing Procedures 0579-AC60 Final Rule Stage. 5 Animal Welfare; Establishing De Minimis Exemptions From Licensing 0579-AD99 Final Rule Stage. 6 Child Nutrition Programs: Flexibilities for Milk, Whole Grains, and Sodium Requirements 0584-AE53 Final Rule Stage. 7 Modernization of Swine Slaughter Inspection 0583-AD62 Proposed Rule Stage. 8 Administrative Issuances; Involving the Public in the Formulation of Forest Service Directives (Rule) 0596-AC65 Final Rule Stage. Department of Commerce Sequence No. Title Regulation Identifier No. Rulemaking stage 9 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys in the Gulf of Mexico 0648-BB38 Proposed Rule Stage. 10 Illegal, Unregulated, and Unreported Fishing; Fisheries Enforcement; High Seas Driftnet Fishing Moratorium Protection Act 0648-BG11 Proposed Rule Stage. 11 Endangered and Threatened Species; Designation of Critical Habitat for Threatened Caribbean and Indo-Pacific Reef-Building Corals 0648-BG26 Proposed Rule Stage. 12 Commerce Trusted Trader Program 0648-BG51 Proposed Rule Stage. Department of Defense Sequence No. Title Regulation Identifier No. Rulemaking stage 13 Earned Value Management Applicability (DFARS Case 2015-D038) 0750-AJ10 Proposed Rule Stage. 14 Contractor Purchasing System Review Threshold (DFARS Case 2017-D038) 0750-AJ48 Proposed Rule Stage. 15 Brand Name or Equal (DFARS Case 2017-D040) 0750-AJ50 Proposed Rule Stage. 16 Amendment to Mentor-Protégé Program (DFARS Case 2016-D011) 0750-AJ05 Final Rule Stage. 17 Use of the Government Property Clause (DFARS Case 2015-D035) 0750-AJ11 Final Rule Stage. 18 Repeal of Independent Research and Development Technical Interchange (DFARS Case 2017-D041) 0750-AJ51 Final Rule Stage. 19 Establishment of TRICARE Select and Other TRICARE Reforms 0720-AB70 Final Rule Stage. Department of Education Sequence No. Title Regulation Identifier No. Rulemaking stage 20 Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance 1870-AA14 Proposed Rule Stage. 21 Borrower Defense and Related Issues 1840-AD26 Proposed Rule Stage. 22 Program Integrity; Gainful Employment 1840-AD31 Proposed Rule Stage. Department of Energy Sequence No. Title Regulation Identifier No. Rulemaking stage 23 Energy Conservation Standards and Definition for General Service Lamps 1904-AD09 Proposed Rule Stage. 24 Energy Conservation Standards for Residential Conventional Cooking Products 1904-AD15 Proposed Rule Stage. Department of Health and Human Services Sequence No. Title Regulation Identifier No. Rulemaking stage . 25 HIPAA Privacy Rule: Presumption of Good Faith of HealthCare Providers 0945-AA09 Proposed Rule Stage. 26 Health Information Technology: Interoperability and Certification Enhancements 0955-AA01 Proposed Rule Stage. 27 Certification of Opioid Treatment Programs 0930-AA27 Proposed Rule Stage. 28 Confidentiality of Substance Use Disorder Patient Records 0930-AA26 Final Rule Stage. 29 Mammography Quality Standards Act; Regulatory Amendments 0910-AH04 Proposed Rule Stage. 30 Medical Device De Novo Classification Process 0910-AH53 Proposed Rule Stage. 31 Requirement for Access or Safe Use of Certain Nonprescription Drug Products 0910-AH62 Proposed Rule Stage. 32 Medication Guides; Patient Medication Information 0910-AH68 Proposed Rule Stage. 33 Format and Content of Reports Intended to Demonstrate Substantial Equivalence 0910-AH89 Proposed Rule Stage. 34 340B Drug Pricing Program Ceiling Price and Manufacturer Civil Monetary Penalties Regulation 0906-AB12 Proposed Rule Stage. 35 National Vaccine Injury Compensation Program: Revisions to the Vaccine Injury Table 0906-AB14 Proposed Rule Stage. 36 Policy and Technical Changes to the Medicare Advantage and the Medicare Prescription Drug Benefit Programs for Contract Year 2019 (CMS-4182-P) 0938-AT08 Proposed Rule Stage. 37 Regulatory Provisions to Promote Program Efficiency, Transparency, and Burden Reduction (CMS-3346-P) 0938-AT23 Proposed Rule Stage. 38 Hospital Inpatient Prospective Payment System for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and FY 2019 Rates (CMS-1694-P) 0938-AT27 Proposed Rule Stage. 39 Requirements for Long-Term Care Facilities: Regulatory Provisions to Promote Program Efficiency, Transparency, and Burden Reduction (CMS-3347-P) 0938-AT36 Proposed Rule Stage. 40 Medicaid and CHIP Managed Care (CMS-2408-P) 0938-AT40 Proposed Rule Stage. 41 Adoption and Foster Care Analysis and Reporting System 0970-AC72 Prerule Stage. 42 Head Start Service Duration Requirements 0970-AC73 Proposed Rule Stage. Department of Homeland Security Sequence No. Title Regulation Identifier No. Rulemaking stage 43 Inadmissibility and Deportability on Public Charge Grounds 1615-AA22 Proposed Rule Stage. 44 Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Aliens Subject to Numerical Limitations 1615-AB71 Proposed Rule Stage. 45 Rescission of International Entrepreneur Rule 1615-AC04 Proposed Rule Stage. 46 EB-5 Immigrant Investor Regional Center Program 1615-AC11 Proposed Rule Stage. 47 Strengthening the H-1B Nonimmigrant Visa Classification Program 1615-AC13 Proposed Rule Stage. 48 Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization 1615-AC15 Proposed Rule Stage. 49 EB-5 Immigrant Investor Program Modernization 1615-AC07 Final Rule Stage. 50 Air Cargo Advance Screening (ACAS) 1651-AB04 Final Rule Stage. 51 Collection of Biometric Data Upon Entry to and Exit From the United States 1651-AB12 Final Rule Stage. 52 Implementation of the Electronic System for Travel Authorization (ESTA) at U.S. Land Borders—Automation of CBP Form I-94W 1651-AB14 Final Rule Stage. 53 Vetting of Certain Surface Transportation Employees 1652-AA69 Proposed Rule Stage. 54 Amending Vetting Requirements for Employees With Access to a Security Identification Display Area (SIDA) 1652-AA70 Proposed Rule Stage. 55 Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight School Employees 1652-AA35 Final Rule Stage. 56 Ronald Reagan Washington National Airport: Enhanced Security Procedures for Certain Operations 1652-AA49 Final Rule Stage. 57 Security Training for Surface Transportation Employees 1652-AA55 Final Rule Stage. 58 Adjusting Program Fees for the Student and Exchange Visitor Program 1653-AA74 Proposed Rule Stage. 59 Apprehension, Processing, Care and Custody of Alien Minors 1653-AA75 Proposed Rule Stage. 60 Practical Training Reform 1653-AA76 Proposed Rule Stage. 61 Factors Considered When Evaluating a Governor's Request for Individual Assistance for a Major Disaster 1660-AA83 Final Rule Stage. Department of Housing and Urban Development Sequence No. Title Regulation Identifier No. Rulemaking stage 62 Project Approval for Single Family Condominium (FR-5715) 2502-AJ30 Final Rule Stage. 63 Housing Opportunity Through Modernization Act of 2016 (FR-6057) 2577-AD03 Proposed Rule Stage. Department of the Interior Sequence No. Title Regulation Identifier No. Rulemaking stage 64 Rescission of the 2015 BLM Hydraulic Fracturing Rule 1004-AE52 Final Rule Stage. Department of Justice Sequence No. Title Regulation Identifier No. Rulemaking stage 65 Public Safety Officers' Benefits Program Regulations 1121-AA85 Final Rule Stage. Department of Labor Sequence No. Title Regulation Identifier No. Rulemaking stage 66 Request for Information Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees 1235-AA20 Proposed Rule Stage. 67 Apprenticeship Programs, Labor Standards for Registration, Amendment of Regulations 1205-AB85 Proposed Rule Stage. 68 Tracking of Workplace Injuries and Illnesses 1218-AD17 Proposed Rule Stage. 69 Occupational Exposure to Beryllium 1218-AB76 Final Rule Stage. 70 Standards Improvement Project IV 1218-AC67 Final Rule Stage. Department of Transportation Sequence No. Title Regulation Identifier No. Rulemaking stage 71 Pilot Records Database (HR 5900) 2120-AK31 Proposed Rule Stage. 72 Orbital Debris Mitigation Methods for Launch Vehicle Upper Stages (Orbital Debris) 2120-AK81 Proposed Rule Stage. 73 Operations of Small Unmanned Aircraft Over People 2120-AK85 Proposed Rule Stage. 74 Pilot Professional Development 2120-AJ87 Final Rule Stage. 75 Transport Airplane Fuel Tank and System Lightning Protection 2120-AK24 Final Rule Stage. 76 Registration and Marking Requirements for Small Unmanned Aircraft 2120-AK82 Final Rule Stage. 77 Rear Seat Belt Reminder System 2127-AL37 Proposed Rule Stage. 78 Passenger Car and Light Truck Corporate Average Fuel Economy Standards MYs 2022-2025 2127-AL76 Proposed Rule Stage. 79 Passenger Equipment Safety Standards Amendments 2130-AC46 Final Rule Stage. 80 Private Investment Project Procedures 2132-AB27 Proposed Rule Stage. 81 Public Transportation Agency Safety Plans 2132-AB23 Final Rule Stage. 82 Pipeline Safety: Class Location Requirements 2137-AF29 Prerule Stage. 83 Pipeline Safety: Safety of Hazardous Liquid Pipelines 2137-AE66 Final Rule Stage. 84 Pipeline Safety: Gas Transmission 2137-AE72 Final Rule Stage. 85 Hazardous Materials: Oil Spill Response Plans and Information Sharing for High-Hazard Flammable Trains 2137-AF08 Final Rule Stage. 86 Hazardous Materials: Enhanced Safety Provisions for Lithium Batteries Transported by Aircraft 2137-AF20 Final Rule Stage. Department of Veterans Affairs Sequence No. Title Regulation Identifier No. Rulemaking stage 87 Prosthetic and Rehabilitative Items and Services 2900-AP46 Proposed Rule Stage. 88 Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisition Regulation Principles (VAAR Case 2014-V005, Parts 812 and 813) 2900-AP58 Proposed Rule Stage. 89 Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisition Regulation Principles (VAAR Case 2014-V004, Parts 811 and 832) 2900-AP81 Proposed Rule Stage. 90 Beneficiary Travel 2900-AP89 Proposed Rule Stage. 91 Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisition Regulation Principles (VAAR Case 2015-V010) 2900-AQ02 Proposed Rule Stage. 92 Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisition Regulation Principle (VAAR Case 2016-V002, Parts 829, 846 and 847) 2900-AQ04 Proposed Rule Stage. 93 Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisition Regulation Principle (VAAR Case 2016-V003, Parts 844 and 845) 2900-AQ05 Proposed Rule Stage. 94 Authority of Health Care Providers to Practice Telehealth 2900-AQ06 Proposed Rule Stage. 95 Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisition Regulation Principles (VAAR Case 2014-V008) 2900-AQ18 Proposed Rule Stage. 96 Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisition Regulation Principles (VAAR Case 2014-V006) 2900-AQ19 Proposed Rule Stage. 97 Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisition Regulation Principles (VAAR Case 2015-V011) 2900-AQ20 Proposed Rule Stage. 98 Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisition Regulation Principles (VAAR Case 2015-V012) 2900-AQ21 Proposed Rule Stage. 99 Per Diem Paid to States for Care of Eligible Veterans in State Homes 2900-AO88 Final Rule Stage. 100 Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisition Regulation Principles (VAAR Case 2014-V001, Parts 803, 814 and 822) 2900-AP50 Final Rule Stage. 101 Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisition Regulation Principles (VAAR Case 2014-V002, Parts 816 and 828) 2900-AP82 Final Rule Stage. 102 Reimbursement for Emergency Treatment 2900-AQ08 Final Rule Stage. Environmental Protection Agency Sequence No. Title Regulation Identifier No. Rulemaking stage 103 State Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units 2060-AT67 Prerule Stage. 104 Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Reconsideration 2060-AT54 Proposed Rule Stage. 105 Pesticides; Certification of Pesticide Applicators Rule; Reconsideration of the Minimum Age Requirements 2070-AK37 Proposed Rule Stage. 106 Pesticides; Agricultural Worker Protection Standard; Reconsideration of Several Requirements 2070-AK43 Proposed Rule Stage. 107 Clean Water Act Hazardous Substances Spill Prevention 2050-AG87 Proposed Rule Stage. 108 Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residues From Electric Utilities: Remand Rule 2050-AG88 Proposed Rule Stage. 109 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Reconsideration of Amendments 2050-AG95 Proposed Rule Stage. 110 National Primary Drinking Water Regulations for Lead and Copper: Regulatory Revisions 2040-AF15 Proposed Rule Stage. 111 Second Action: Definition of 'Waters of the United States' 2040-AF75 Proposed Rule Stage. 112 Renewable Fuel Volume Standards for 2018 and Biomass Based Diesel Volume (BBD) for 2019 2060-AT04 Final Rule Stage. 113 Repeal of Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units 2060-AT55 Final Rule Stage. 114 Financial Responsibility Requirements Under CERCLA Section 108(b) for Classes of Facilities in the Hardrock Mining Industry 2050-AG61 Final Rule Stage. 115 Definition of “Waters of the United States”—Recodification of Pre-existing Rule 2040-AF74 Final Rule Stage. Equal Employment Opportunity Commission Sequence No. Title Regulation Identifier No. Rulemaking stage 116 Federal Sector Equal Employment Opportunity Process 3046-AB00 Proposed Rule Stage. 117 Amendments to Regulations Under the Americans With Disabilities Act 3046-AB10 Proposed Rule Stage. 118 Amendments to Regulations Under the Genetic Information Nondiscrimination Act of 2008 3046-AB11 Proposed Rule Stage. Small Business Administration Sequence No. Title Regulation Identifier No. Rulemaking stage 119 SBA Express Loan Program; Export Express Program 3245-AG74 Proposed Rule Stage. 120 Women-Owned Small Business and Economically Disadvantaged Women-Owned Small Business—Certification 3245-AG75 Proposed Rule Stage. 121 Office of Women's Business Ownership: Women's Business Center Program 3245-AG02 Final Rule Stage. Social Security Administration Sequence No. Title Regulation Identifier No. Rulemaking stage 122 Investigative Policies for Organizational Representative Payees 0960-AH79 Prerule Stage. 123 Revised Medical Criteria for Evaluating Musculoskeletal Disorders (3318P) 0960-AG38 Proposed Rule Stage. 124 Update to the Comprehensive Medical Listings—Revised Medical Criteria for Evaluating Digestive Disorders, Cardiovascular Disorders, and Skin Disorders 0960-AG65 Proposed Rule Stage. 125 Minimum Monthly Withholding Amount for Recovery of Title II Benefit Overpayments (3752P) 0960-AH42 Proposed Rule Stage. 126 Removing Ability to Communicate in English as a Vocational Factor 0960-AH86 Proposed Rule Stage. 127 Use of Electronic Payroll Data To Improve Program Administration 0960-AH88 Proposed Rule Stage. 128 Newer and Stronger Penalties (Conforming Changes) 0960-AH91 Proposed Rule Stage. 129 Privacy Act Exemption: Personnel Security and Suitability Program Files 0960-AH97 Proposed Rule Stage. 130 References to Social Security and Medicare in Electronic Communications 0960-AI04 Proposed Rule Stage. 131 Availability of Information and Records to the Public 0960-AI07 Proposed Rule Stage. 132 Privacy Act Exemption: Social Security Administration Violence and Reporting System (SSAvers) 0960-AI08 Proposed Rule Stage. 133 Redeterminations When There is a Reason To Believe Fraud or Similar Fault Was Involved in an Individual's Application for Benefits 0960-AI10 Proposed Rule Stage. 134 Changes to the Requirements for Claimant Representation 0960-AI22 Proposed Rule Stage. 135 Making Permanent the Attorney Advisor Program 0960-AI23 Final Rule Stage. DOD/GSA/NASA (FAR) Sequence No. Title Regulation Identifier No. Rulemaking stage 136 Federal Acquisition Regulation (FAR); FAR Case 2018-002, Protecting Life in Global Health Assistance 9000-AN62 Proposed Rule Stage. National Indian Gaming Commission Sequence no. Title Regulation identifier no. Rulemaking stage 137 Class II Minimum Internal Control Standards 3141-AA60 Proposed Rule Stage. 138 Minimum Internal Control Standards 3141-AA55 Final Rule Stage. BILLING CODE 6820-27-P DEPARTMENT OF AGRICULTURE Fall 2017 Statement of Regulatory Priorities Regulatory reform is one of the cornerstones of the Department of Agriculture's (USDA) strategy for creating a culture of consistent, efficient service to our customers, while reducing burdens and improving efficiency. USDA's regulatory reform efforts, combined with other reform efforts, will make it easier to invest, produce, and build in rural America, which will lead to the creation of jobs and enhanced economic prosperity. To achieve results, USDA is guided by the following comprehensive set of priorities through which the Department, its employees, and external partners will work to identify and eliminate regulatory and administrative barriers and improve business processes to enhance program delivery and reduce burdens on program participants. These priorities include: Agricultural and Rural Prosperity Task Force: Executive Order 13790—Promoting Agriculture and Rural Prosperity in America established the inter-Departmental Task Force chaired by Secretary Perdue to identify opportunities for the Federal government to work more effectively together for the benefit of rural Americans. The Task Force is examining barriers to economic prosperity in rural America and how innovation, infrastructure, and technology can assist agriculture and help rural communities thrive. The Task Force is examining regulations across the Federal government to identify obsolete, inefficient, or unnecessary regulations that impede economic growth. Regulatory Reform Task Force (RRTF): In response to Executive Order 13777—Enforcing the Regulatory Reform Agenda and Executive Order 13771—Reducing Regulation and Controlling Regulatory Costs, which set forth expectations for reducing the regulatory burden on the public, the Department has established an internal RRTF to identify outdated regulations for elimination and administrative processes for streamlining. The USDA RRTF is comprised of senior agency managers representing all the major missions of the Department. USDA is also soliciting public comments on recommended reforms through July 2018. Farm Bill Reform: As the 2014 Farm Bill will soon expire, the Department is evaluating past practices to identify opportunities for policy and technical improvements, and to make research available so Congress can make facts-based, data-driven decisions to ensure a robust agricultural economy and increased opportunities in rural areas. Reauthorization of the Farm Bill provides an opportunity to introduce program reforms to eliminate obsolete and underperforming programs, simplify the administration of programs, and improve program outcomes. Organizational Reform: To ensure that USDA's programs, agencies, and offices best serve the Department's customers, USDA is implementing organizational changes that are targeted at improving customer service. Through these reforms, USDA is breaking down organizational barriers that have impeded the Department's ability to most effectively and efficiently support its customers across the Nation and around the world. Examples of the organizational reforms include the establishment of an Under Secretary for Trade and Foreign Agricultural Affairs to ensure that American agriculture benefits from new and expanded trade opportunities and the consolidation of administrative functions at the mission area level to eliminate inefficiencies. These reforms and strategies allow the Department to best support the needs of its customers. Through the implementation of these improvements, USDA will be better positioned to remove obstacles, and give agricultural producers every opportunity to prosper and feed a growing world population. These improvements support the accomplishment of USDA's mission to provide leadership on agriculture, food, natural resources, rural prosperity, nutrition, and related issues through fact-based, data-driven, and customer-focused decisions. The Department's fall 2017 Statement of Regulatory Priorities reflects the Administration's commitment to regulatory reform and USDA's rigorous implementation of Executive Orders 13777 and 13771. Executive Order 13777 Executive Order 13777 establishes a Federal policy to lower regulatory burdens on the American people by implementing and enforcing regulatory reform. The RRTF reviewed proposed, pending and existing regulations to determine the deregulatory and regulatory actions to include in the 2017 fall Regulatory Agenda. The RRTF identified over 270 reform initiatives, including 101 deregulatory actions that will save the public from unnecessary regulatory burdens. These actions were further evaluated to determine which ones should be made a priority based on the impact of the proposals and the ability to complete the action in FY 2018. Executive Order 13777 also directed the Department to seek input from entities significantly affected by Federal regulations. To satisfy this requirement, the Department published a Request for Information (RFI) in the Federal Register on July 17, 2017, seeking public input on identifying regulatory reform initiatives (82 FR 32649). The RFI asked the public to identify regulations, guidance documents, or any other policy documents or administrative processes that need reform, as well as ideas on how to modify, streamline, expand, or repeal such items. While comments to the notice do not bind USDA to any further actions, all submissions will be reviewed and will significantly inform actions to repeal, replace, or modify existing regulations. Executive Order 13771 Executive Order 13771 directs agencies to eliminate two existing regulations for every new regulation while limiting the total costs associated with an agency's regulations. Specifically, it requires a regulatory two-for-one wherein an agency must propose the elimination of two existing regulations for every new regulation it publishes. Moreover, the costs associated with the new regulation must be completely offset by cost savings brought about by deregulation. The Department's 2017 fall Regulatory Agenda reflects the Department's commitment to regulatory reform and continues USDA's rigorous implementation of Executive Order 13771. The regulatory agenda identifies 76 rules, of which 44 rules are deregulatory. The remaining 32 rules are not subject to the offsetting or deregulatory requirements of Executive Order 13771. Of the total number of deregulatory actions, USDA has identified 29 final rules that will be completed in FY 2018 and will result in a cost savings. Although we have not estimated the savings for 26 of these actions, they are considered deregulatory actions that USDA will implement to meet the direction that an agency issues twice as many Executive Order 13771 deregulatory actions as new Executive Order 13771 regulatory actions. USDA's 2017 fall Statement of Regulatory Priorities was developed to lower regulatory burdens on the American people by implementing and enforcing regulatory reform. These regulatory priorities will contribute to the mission of the Department, the achievement of the long-term goals the Department aims to accomplish. Highlights of how the Department's regulatory reform efforts contribute to the accomplishment of the Department's strategic goals include the following: A primary goal of the Department is to ensure that programs are delivered efficiently, effectively, with integrity, and a focus on customer service: To achieve this, USDA is working to leverage the strength and talent of USDA employees with continued dedication to data-driven enterprise solutions through collaborative governance and human capital management strategies centered on accountability and professional development. USDA will reduce regulatory and administrative burdens hindering agencies from reaching the greatest number of stakeholders. Improved customer service and employee engagement within USDA will create a more effective and accessible organization for all stakeholders. Streamline and expand public engagement in the development and modification of national forest management policies: This final rule will provide greater opportunity for public participation in the formulation of standards, criteria and guidelines applicable to Forest Service programs by: (1) Expanding the scope of documents subject to such review; (2) utilizing technologies that were not available when these regulations were last amended in 1984 to ensure a broader swath of the interested public is notified of opportunities to review and comment on policy changes; and (3) increasing the efficiency of the directive revision process to reduce administrative costs and permit more frequent and timely updates. For more information about this rule, see RIN 0596-AC65. Streamline National Environmental Policy Act (NEPA) implementing procedures: The Animal and Plant Health Inspection Service (APHIS) and the Forest Service are adjusting procedures that set out the NEPA implementing procedures for each agency based on accumulated experience of the agencies. APHIS will issue a proposed rule to incorporate scientific data accumulated since 1995 on the environmental impact of covered actions, clarify categories of action for which APHIS would normally complete an environmental impact statement or an environmental assessment for an action, expand the list of actions subject to categorical exclusion from further environmental documentation, and set out an environmental documentation process for use in emergencies. For more information about this rule, see RIN 0579-AC60. The Forest Service will publish a proposed rule to eliminate outdated requirements and revise aspects of the analysis framework, scoping and public engagement, and determining significance. For more information about this rule, see RIN 0596-AD31. Establish de minimis exemptions for applying for animal licenses and renewals under the Animal Welfare Act (AWA): The Animal and Plant Health Inspection Service will issue a final rule to exempt entities with a small number of animals from the requirement to obtain an AWA license. This action will reduce regulatory burden on small entities while also allowing APHIS to target enforcement efforts where they are most needed. For more information about this rule, see RIN 0579-AD99. Coupled with this de minimis rule, APHIS is considering a proposed rule that would promote compliance with the AWA by (1) reducing licensing fees and (2) strengthening existing safeguards that prevent an individual whose license has been suspended or revoked, or who has a history of noncompliance, from obtaining a license or working with regulated animals. For more information about this rule, see RIN 0579-AE35 Establish de minimis levels for enforcing Lacey Act requirements: The Food, Conservation, and Energy Act of 2008 amended the Lacey Act to provide, among other things, that importers submit a declaration at the time of importation for certain plants and plant products. The declaration requirements of the Lacey Act became effective on December 15, 2008, and enforcement of those requirements is being phased in. APHIS will propose an exception to the declaration requirements for products containing composite plant materials, and establish an exception to the declaration requirement for products containing a minimal amount of plant materials. Both actions would relieve the burden on importers, while continuing to ensure that the declaration requirement fulfills the purposes of the Lacey Act. For more information about this rule, see RIN 0579-AD44. Reduce the time it takes to issue housing loans. The Housing Opportunity through Modernization Act of 2016 permits the Secretary to delegate authority to approve and execute single family housing loan guarantees directly to preferred lenders, those lenders whose loans have performed well and who have demonstrated strong underwriting capability. To take advantage of this authority, the Rural Housing Service (RHS) will propose to delegate loan approval authority to preferred lenders participating in the Single Family Housing Guaranteed Loan Program. Preferred lenders would be responsible for certifying that both the applicant and property meet all program requirements and eligible for the guarantee. The revisions are expected to shorten the loan approval and processing time by up to 12 days. For more information about this rule, see RIN 0575-AD08 The Department is making it a priority to maximize the ability of American agricultural producers to prosper by feeding and clothing the world: A strong and prosperous agricultural sector is essential to the well-being of the overall U.S. economy. America's farmers and ranchers ensure a safe and reliable food and fuel supply and support job growth and economic development. To maintain a strong agricultural economy, USDA will support farmers in starting and maintaining profitable farm and ranch businesses, as well as offer support to producers affected by natural disasters. The Department will continue to work to create new markets and support a competitive agricultural system by reducing barriers that inhibit agricultural opportunities and economic growth. Withdrawal of Proposed Rule Regarding the Introduction of Certain Genetically Engineered Organisms: APHIS withdrew its proposed rule to revise the Department's biotechnology regulations and will re-engage with stakeholders to determine the most effective, science-based approach for regulating the products of modern biotechnology while protecting plant health. APHIS issued the proposed rule on January 19, 2017, and received 208 public comments. APHIS will maintain and follow current biotechnology regulations for safely handling the importation, interstate movement, and environmental release of genetically engineered organisms as we re-engage with stakeholders to determine the most effective approach for regulating these products. For more information about this rule, see RIN 0579-AE15. Implement the National Bioengineered Food Disclosure Standard: This action is mandated by the National Bioengineered Food Disclosure Standard (Law), which requires USDA to develop a national standard and the procedures for its implementation within two years of the Law's enactment. Pursuant to the law, AMS will propose requirements that, if finalized, will serve as a national mandatory bioengineered food disclosure standard for bioengineered food and food that may be bioengineered. For more information about this rule, see RIN 0581-AD54. Withdrawal of the Scope of Sections 202(a) and (b) of the Packers and Stockyards Act (Act) interim final rule: On December 20, 2016, the Grain Inspection, Packers and Stockyards Administration (GIPSA) published an interim rule addressing the scope of sections 202(a) and (b) of the Act, which enumerate unlawful practices under the Act. The interim final rule was originally scheduled to become effective on February 21, 2017. The effective date of the final rule was delayed twice until October 19, 2017. On April 12, 2017, GIPSA published a proposed rule requesting comments whether the final rule should be allowed to go into effect. On October 18, 2017, GIPSA published a final rule withdrawing the December 20, 2016, interim final rule, ending the regulatory action. The interim final rule was found to conflict with case law in several U.S. Court of Appeals Circuits, which Congress has declined to overturn through legislation. Additionally, the interim final rule was improperly issued without adequate notice and opportunity for comment. For more information about this rule, see RIN 0580-AB28. Re-evaluate the Organic Livestock and Poultry Program final rule: Because of significant policy and legal issues within the final rule (0581-AD44), the public was asked to comment on which of the following four actions they believed would be best for USDA to take with regard to the disposition of the final rule (0581-AD44). The options were: Let the rule become effective on November 14, 2017; Suspend the rule indefinitely; Delay the effective date of the rule further, beyond the effective date of November 14, 2017; Withdraw the rule so that USDA would not pursue implementation of the rule. Comments were received on all four options. Based on the content of the comments received and the evaluation those comments generated, the option to delay the effective date further was chosen. For more information about this rule, see RIN 0581-AD74. USDA plans to propose the final disposition of 0581-AD44 in December 2017. For more information about this rule, see RIN 0581-AD75. Updating plant pest regulations: APHIS is planning to update regulations regarding the movement of plant pests to establish criteria governing the movement and environmental release of biological control organisms, and to establish regulations allowing the importation and movement in interstate commerce of certain types of plant pests without restriction by granting exceptions from permitting requirements for those pests. These updates would include the movement of soil. This action would clarify the factors that would be considered when assessing the risks associated with the movement of certain organisms and facilitates the movement of regulated organisms and articles in a manner that also protects U.S. agriculture. For more information about this rule, see RIN 0579-AC98. Establishing a performance standard for authorizing the importation and interstate movement of fruits and vegetables: APHIS would broaden the existing performance standard to provide for consideration of all new fruits and vegetables for importation into the United States using a notice-based process rather than through proposed and final rules. Likewise, APHIS would propose an equivalent revision of the performance standard governing the interstate movements of fruits and vegetables from Hawaii and the U.S. territories (Guam, Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands) and the removal of commodity-specific phytosanitary requirements from those regulations. This action will allow for the consideration of requests to authorize the importation or interstate movement of new fruits and vegetables in a manner that enables a more flexible and responsive regulatory approach to evolving pest situations in both the United States and exporting countries. It will not, however, alter the science-based process in which the risk associated with importation or interstate movement of a given fruit or vegetable is evaluated or the manner in which risks associated with the importation or interstate movement of a fruit or vegetable are mitigated. For more information about this rule, see RIN 0579-AD71. Providing all Americans access to a safe, nutritious, and secure food supply is USDA's most important responsibility, and it is one undertaken with great seriousness. USDA has critical roles in preventing foodborne illness and protecting public health, while ensuring Americans have access to food and healthful diet. The Department will continue to prevent contamination and limit foodborne illness by expanding its modernization of food inspection systems, and USDA's research, education, and extension programs will continue to provide information, tools, and technologies about the causes of foodborne illness and its prevention. USDA will continue to develop partnerships that support best practices in implementing effective nutrition assistance programs that ensure eligible populations have access to programs that support their food needs. Increase flexibilities provided to school lunch program operators in meeting nutrition requirements: The Food and Nutrition Service (FNS) plans to issue an interim final rule that provides flexibilities consistent with those currently available to Program operators participating in the Child Nutrition Programs beginning in School Year 2018-2019. These flexibilities include: (1) Providing operators the option to offer flavored, low-fat (1 percent fat) milk in the Child Nutrition Programs; (2) extending the State agencies' option to allow individual school food authorities to include grains that are not whole grain-rich in the weekly menu offered under the National School Lunch Program (NSLP) and School Breakfast Program (SBP); and (3) revising the sodium reduction timeline for the NSLP and SBP. For more information about this rule, see RIN 0584-AE53. Improve effectiveness and efficiency of moving individuals into work: The Food and Nutrition Act of 2008 (FNA) establishes a time limit for participation in SNAP of three months in three years for able-bodied adults without children who are not working. FNA allows states to waive the time limit under certain circumstances. FNS would request public input on a proposed framework for modifying ABAWD time-limit waivers with the goal of moving individuals to work as the best solution for poverty, and to advance this goal consistent with the structure and the intent of the act. For more information about this rule, see RIN 0584-AE57. Provide regulatory flexibility for retailers in the Supplemental Nutrition Assistance Program (SNAP): FNS will issue a proposed rule to modify the definition of the term “variety” as it pertains to the stocking requirements for certain SNAP authorized retail food stores to increase the number of items that qualify as acceptable varieties in the four staple food categories, meat, poultry, fish, and dairy products. This proposed change will provide retailers with more flexibility in meeting the enhanced SNAP eligibility requirements of the 2016 final rule and meet the requirements expressed in the Consolidated Appropriation Act of 2017. For more information about this rule, see RIN 0584-AE61. Reduce the reporting burden for nutrition program operators: FNS will withdraw the interim final rule provisions of the SNAP: Certification, Eligibility, and Employment and Training Provisions of the Food, Energy and Conservation Act of 2008 rule published on January 6, 2017. The interim final rule portion increased requirements for Group Living Arrangements and Drug and Alcohol Treatment Centers. Comments received on these changes indicated that the regulatory change presented significant technical and administrative challenges. For more information about this rule, see RIN 0584-AE54. Modernize swine slaughter inspection: The Food Safety and Inspection Service (FSIS) is proposing to establish a voluntary New Swine Inspection System (NSIS) for market-hog slaughter establishments, and mandatory provisions for all swine slaughtering establishments ( i.e., including those that also slaughter roaster swine, sows, and boars). NSIS will provide for increased offline inspection activities that are more directly related to food safety resulting in greater compliance with sanitation and Hazard Analysis and Critical Control Point (HACCP) regulations and reduce the risk of foodborne illness. NSIS would also provide incentives to establishments to improve their processing methods and to develop more efficient slaughter and dressing technologies. Additionally, FSIS is considering requiring establishments to implement written sanitary dressing plans to prevent contamination of carcasses throughout the slaughter and dressing operation; modernizing process control sampling programs; and sampling the slaughter environment for microbiological contamination. For more information about this rule, see RIN 0583-AD62. Modernize egg products inspection: FSIS is proposing to replace current regulations with HACCP Systems and Sanitation Standard Operating Procedures (SOPs), consistent with HACCP and Sanitation SOP requirements in the meat and poultry products inspection regulations. In addition, FSIS is proposing to remove the current requirements for prior approval by FSIS of egg products plant drawings, specifications, and equipment prior to their use in official plants, provide for the generic labeling of egg products, and require safe handling labels on shell eggs and egg products. The agency is also proposing to move from continuous inspection to daily inspection of establishments. For more information about this rule, see RIN 0583-AC58. USDA—AGRICULTURAL MARKETING SERVICE (AMS) Proposed Rule Stage 1. National Bioengineered Food Disclosure Standard Priority: Other Significant. E.O. 13771 Designation: Other. Legal Authority: Pub. L. 114-216; 7 U.S.C. 1621 to 1627 CFR Citation: 7 CFR 1285. Legal Deadline: None. Abstract: On July 29, 2016, the Agricultural Marketing Act of 1946 was amended to establish a National Bioengineered Food Disclosure Standard (Law) (Pub. L. 114-216). Pursuant to the law, this NPRM will propose requirements that, if finalized, will serve as a national mandatory bioengineered food disclosure standard for bioengineered food and food that may be bioengineered. Statement of Need: This action is mandated by Public Law 114-216. Summary of Legal Basis: The authority for this action is provided by the Agricultural Marketing Act of 1946 as amended by Public Law 114-216. Alternatives: The alternatives will be identified during the drafting stage and the public will be given the opportunity to comment on alternatives. Anticipated Cost and Benefits: This rule will fulfill the mandate of Public Law 114-216. The specific costs and benefits will be determined during the drafting of the proposed rule. AMS is striving to fulfill the mandate while minimizing the burden on the regulated community. Risks: Timetable: Action Date FR Cite NPRM 12/00/17 Final Action 07/00/18 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. Government Levels Affected: Federal. Federalism: This action may have federalism implications as defined in E.O. 13132. Agency Contact: Arthur Neal, Deputy Administrator, Transportation and Marketing, Department of Agriculture, Agricultural Marketing Service, Phone: 202 692-1300. RIN: 0581-AD54 USDA—AMS 2. • NOP: Organic Livestock and Poultry Practices Priority: Economically Significant. Major under 5 U.S.C. 801. E.O. 13771 Designation: Other. Legal Authority: 7 U.S.C. 6501 to 6522 CFR Citation: 7 CFR 205. Legal Deadline: None. Abstract: The Organic Livestock and Poultry Practices final rule, published on January 19, 2017, adds provisions to the USDA organic regulations to address livestock and poultry living conditions, health care practices, and animal handling and transport, and during slaughter. The final rule was originally scheduled to become effective on March 20, 2017; the effective date was subsequently delayed to May 19, 2017. AMS published a notice further delaying the effective date to November 14, 2017. Per a document published on November 14, 2017, the January 2017 rule was further delayed to May 14, 2018. As stated within the November 2017 publication, this proposed rule requests public comments on: (1) The scope of the Secretary's authority under of the Organic Foods Production Act including 7 U.S.C. 6509; (2) whether the requirements in the final rule are the most innovative and least burdensome tool for meeting regulatory objectives; and, (3) whether the revised benefits calculations, which corrected a mathematical error in the final rule, justify the estimated costs. Statement of Need: This action is needed to ensure only regulations that are properly supported by legislative authority and requirements of executive orders are met. 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: As AMS evaluates the concerns outlined in the abstract, the possible outcomes of the evaluation range from allowing the January 2017 final rule to become effective to withdrawing the January 2017 final rule. Anticipated Cost and Benefits: AMS estimated that the discounted costs, transfers, and benefits of the January 2017 final rule, for three different producer response scenarios, would range from $8.2 to $31 million annually due to increased compliance and regulatory burdens. In addition, there is also an estimated $3.9 million undiscounted annual paperwork burden. AMS also estimated transfers ranging from $80 to $86 million annually caused by producers exiting the organic market. AMS estimates the benefits would range from $3.3 to $31.6 million for all producer response scenarios when the mathematical error is corrected. Risks: This action is likely to be contentious. Timetable: Action Date FR Cite NPRM 12/00/17 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: Jennifer Tucker, Associate Deputy Administrator, USDA National Organic Program, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250, Phone: 202 720-3252. Related RIN: Related to 0581-AD44, Related to 0581-AD74 RIN: 0581-AD75 USDA—ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) Proposed Rule Stage 3. Lacey Act Implementation Plan: De Minimis Exception and Composite Articles Priority: Other Significant. E.O. 13771 Designation: Deregulatory. Legal Authority: 16 U.S.C. 3371 et seq. CFR Citation: 7 CFR 357. Legal Deadline: None. Abstract: The Food, Conservation, and Energy Act of 2008 amended the Lacey Act to provide, among other things, that importers submit a declaration at the time of importation for certain plants and plant products. The declaration requirements of the Lacey Act became effective on December 15, 2008, and enforcement of those requirements is being phased in. We are proposing an exception to the declaration requirements for products containing composite plant materials. We are also proposing to establish an exception to the declaration requirement for products containing a minimal amount of plant materials. Both of these actions would relieve the burden on importers while continuing to ensure that the declaration requirement fulfills the purposes of the Lacey Act. Statement of Need: Will update. Summary of Legal Basis: Will update. Alternatives: Will update. Anticipated Cost and Benefits: Will update. Risks: Will update. Timetable: Action Date FR Cite ANPRM 06/30/11 76 FR 38330 ANPRM Comment Period End 08/29/11 NPRM 12/00/17 Regulatory Flexibility Analysis Required: No. Government Levels Affected: None. International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. Additional Information: Additional information about APHIS and its programs is available on the internet at http://www.aphis.usda.gov. Agency Contact: Parul Patel, Senior Agriculturalist, Permitting and Compliance Coordination, PPQ, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 60, Riverdale, MD 20737-1231, Phone: 301 851-2351. RIN: 0579-AD44 USDA—APHIS Final Rule Stage 4. National Environmental Policy Act Implementing Procedures Priority: Other Significant. E.O. 13771 Designation: Deregulatory. Legal Authority: 42 U.S.C. 4321 et seq. CFR Citation: 7 CFR 372. Legal Deadline: None. Abstract: We are amending the regulations that set out our National Environmental Policy Act (NEPA) implementing procedures. The amendments will clarify when we will complete an environmental impact statement or an environmental analysis for an action, provide additional categories of actions for which we will prepare such documents, expand the list of actions subject to categorical exclusion from further environmental documentation, and set out an environmental documentation process that could be used in emergencies. The changes are intended to update the regulations and improve their clarity and effectiveness. Statement of Need: APHIS' NEPA regulations were last amended in 1995. The Council on Environmental Quality's regulations for implementing NEPA at 40 CFR 1507.3(a) indicate that agencies “shall continue to review their policies and procedures and in consultation with the Council to revise them as necessary to ensure full compliance with the purposes and provisions of the Act.” Accordingly, we have evaluated our regulations and identified changes that would clarify the regulations, make them more consistent with NEPA, and allow us greater flexibility in fulfilling the requirements of NEPA and CEQ's NEPA implementing regulations while responding to immediate disease and pest threats or damage to the environment. Summary of Legal Basis: The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq. ), is the United States' basic charter for protection of the environment. Consistent with NEPA and with the requirements of CEQ's NEPA implementing regulations, APHIS' NEPA regulations provide guidance, sources of information and assistance, definitions, classifications of action, identification of major planning and decision points, opportunities for public involvement, and methods of processing different types of environmental documents. Alternatives: Leaving the regulations unchanged would be unsatisfactory because it would perpetuate the current situation; i.e., one in which the current regulations, last amended in 1995, are outdated and in need of clarification. Another alternative would be to establish criteria for categorical exclusion that are less (or more) restrictive, thus increasing (or decreasing) the number of actions eligible for categorical exclusion. Anticipated Cost and Benefits: APHIS has determined that the proposed rule would not have a significant economic impact on a substantial number of small entities. Some entities will experience time and money savings, but the savings should benefit only a few entities each year. The proposal would also serve to clarify the regulations and make the NEPA process more transparent, which, although beneficial, should not have a significant economic impact on affected entities. Risks: Not Applicable. Timetable: Action Date FR Cite NPRM 07/20/16 81 FR 47051 NPRM Comment Period End 09/19/16 Final Rule 03/00/18 Regulatory Flexibility Analysis Required: No. 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: Eileen Sutker, APHIS Federal NEPA Contact, Environmental and Risk Analysis Services, PPD, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 149, Riverdale, MD 20737-1238, Phone: 301 851-3043. RIN: 0579-AC60 USDA—APHIS 5. Animal Welfare; Establishing De Minimis Exemptions From Licensing Priority: Other Significant. E.O. 13771 Designation: Deregulatory. Legal Authority: 7 U.S.C. 2131 to 2159 CFR Citation: 9 CFR 1 to 3. Legal Deadline: None. Abstract: In the 2014 Farm Bill, Congress amended the Animal Welfare Act (AWA) to provide the Secretary of Agriculture with the authority to determine what facilities and activities involving AWA regulated animals are de minimis and therefore exempt from licensure and oversight. We are amending the AWA regulations to enact this new provision. This change provides APHIS with the flexibility to exempt from licensing those dealers and exhibitors who provide adequate levels of humane care to their animals, allowing us to target our enforcement resources where they are most needed. Dealers and exhibitors operating at or below the threshold will be exempted from APHIS licensing and oversight under the AWA. Statement of Need: A 2014 Farm Bill amendment to the Animal Welfare Act provides the Secretary of Agriculture with the authority to determine when animal dealers and exhibitors are not required to obtain a license under the Act, if the size of the business conducting AWA-related activities is determined by the Secretary to be de minimis. This rule is necessary to establish the thresholds for what constitutes a de minimis level of activity. Summary of Legal Basis: The Agricultural Act of 2014 Farm Bill (Pub. L. 113-79), section 12308, which amended section 3 of the Animal Welfare Act (7 U.S.C. 2133). Alternatives: Anticipated Cost and Benefits: By the very nature of this proposal, all entities that would be affected are considered small. The entities most likely to be affected by this proposal are businesses engaged in AWA-related exhibition activities that have small numbers of regulated animals. This proposed rule would relieve regulatory responsibilities for some currently licensed entities and reduce the cost of business for those entities. Those currently licensed exhibitors, breeders, and dealers who are under the proposed de minimis thresholds would no longer be subject to licensing, animal identification and recordkeeping requirements. Risks: Establishing de minimis thresholds in this proposal would allow APHIS to direct inspection and enforcement efforts on higher risk entities. Timetable: Action Date FR Cite NPRM 08/04/16 81 FR 51386 NPRM Comment Period End 11/02/16 Final Rule 02/00/18 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. Government Levels Affected: Federal. Additional Information: Additional information about APHIS and its programs is available on the internet at http://www.aphis.usda.gov. Agency Contact: Kay Carter-Corker, Director, National Policy Staff, Animal Care, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 84, Riverdale, MD 20737, Phone: 301 851-3748. RIN: 0579-AD99 USDA—FOOD AND NUTRITION SERVICE (FNS) Final Rule Stage 6. Child Nutrition Programs: Flexibilities for Milk, Whole Grains, and Sodium Requirements Priority: Other Significant. E.O. 13771 Designation: Deregulatory. Legal Authority: 42 U.S.C. 1758; 42 U.S.C. 1766; 42 U.S.C. 1772; 42 U.S.C. 1773; 42 U.S.C. 1779 CFR Citation: 7 CFR 210.10; 7 CFR 210.11; 7 CFR 215.7a; 7 CFR 220.8; 7 CFR 226.20. Legal Deadline: None. Abstract: This interim final rule provides flexibilities consistent with those currently available by Congressional directive to program operators participating in the Child Nutrition Programs for School Year 2018-2019. These flexibilities include: (1) Providing operators the option to offer flavored, low-fat (one percent fat) milk in the Child Nutrition Programs; (2) extending the State agencies' option to allow individual school food authorities to include grains that are not whole grain-rich in the weekly menu offered under the National School Lunch Program (NSLP) and School Breakfast Program (SBP); and (3) revising the sodium reduction timeline for the NSLP and SBP. Statement of Need: Will update. Summary of Legal Basis: Will update. Alternatives: Will update. Anticipated Cost and Benefits: Will update. Risks: Will update. Timetable: Action Date FR Cite Interim Final Rule 11/30/17 82 FR 56703 Interim Final Rule Comment Period End 01/29/18 Interim Final Rule Effective 07/01/18 Regulatory Flexibility Analysis Required: No. Government Levels Affected: None. Additional Information: School Lunch—NSLA Section 9(a)(1)—42 U.S.C. 1758(a)(1). Child and Adult Care Food Program—NSLA Section 17(g)—42 U.S.C. 1766(g) Special Milk Program—Child Nutrition Act Section 3(a)(1)—42 U.S.C. 1772(a)(1). School Breakfast Program—Child Nutrition Act Section 4(e)(1)(A)—42 U.S.C. 1773(e)(1)(A). Smart Snacks in Schools—Child Nutrition Act Section 10(b)—42 U.S.C. 1779(b). 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-AE53 USDA—FOOD SAFETY AND INSPECTION SERVICE (FSIS) Proposed Rule Stage 7. Modernization of Swine Slaughter Inspection Priority: Other Significant. E.O. 13771 Designation: Deregulatory. 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: 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 proposed regulations are expected to benefit establishments by removing unnecessary regulatory obstacles to innovation and allowing establishments more flexibility in line configuration. The proposed changes are also expected to reduce establishments' sampling costs. Additionally, the proposed regulations are expected to improve the effectiveness of market hog slaughter inspection, leading to a reduction in the number of human illnesses attributed to products derived from market hogs. The proposed actions make better use of the Agency's resources, which is expected to reduce the Agency's personnel and training budgetary requirements. Establishments are expected to incur increased labor and recordkeeping costs. Risks: None. Timetable: Action Date FR Cite NPRM 11/00/17 Regulatory Flexibility Analysis Required: No. Small Entities Affected: Businesses. Government Levels Affected: None. Agency Contact: Matthew Michael, Director, Issuances Staff, Department of Agriculture, Food Safety and Inspection Service, Office of Policy and Program Development, 1400 Independence Avenue SW, Washington, DC 20250-3700, Phone: 202 720-0345, Fax: 202 690-0486, Email: matthew.michael@fsis.usda.gov. RIN: 0583-AD62 USDA—FOREST SERVICE (FS) Final Rule Stage 8. Administrative Issuances; Involving the Public in the Formulation of Forest Service Directives (Rule) Priority: Other Significant. E.O. 13771 Designation: Deregulatory. Legal Authority: 16 U.S.C. 1612(a) CFR Citation: 7 CFR 2.7; 36 CFR 200.4; 36 CFR 216. Legal Deadline: None. Abstract: This procedural final rule will provide greater opportunity for public participation in the formulation of standards, criteria and guidelines applicable to Forest Service programs by: (1) Expanding the scope of documents subject to such review; (2) utilizing technologies that were not available when these regulations were last amended in 1984 to ensure a broader swath of the interested public is notified of opportunities to review and comment on policy changes; and (3) increasing the efficiency of the directive revision process to reduce administrative costs and permit more frequent and timely updates. Consistent with 5 U.S.C. 553(d)(1), this rule is issued as a final rule as it imposes no additional burdens on any governmental entity or the public but expands the ability of such parties to comment upon the issuance of Agency policies set forth in Forest Service rules and guidance. Statement of Need: Will update. Summary of Legal Basis: Will update. Alternatives: Will update. Anticipated Cost and Benefits: Will update. Risks: Will update. Timetable: Action Date FR Cite Final Rule 01/00/18 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. Agency Contact: Michael Migliori, Department of Agriculture, Forest Service, Washington, DC 20250, Phone: 202 205-2496, Email: mmigliori@fs.fed.us. RIN: 0596-AC65 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: 1. 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; 2. Support entrepreneurship and commercialization by enabling community development and strengthening minority businesses and small manufacturers; 3. Maintain U.S. economic competitiveness in the global marketplace by promoting exports, ensuring a level playing field for U.S. businesses, advancing free, fair, and reciprocal trade, and ensuring that technology transfer is consistent with our nation's economic and security interests; 4. Provide effective management and stewardship of our nation's resources and assets to ensure sustainable economic opportunities; and 5. Make informed policy decisions and enable better understanding of the economy by providing accurate economic and demographic data. Commerce is a vital resource base, tireless advocate, and Cabinet-level voice for job creation. This Regulatory Plan tracks the most important regulations that implement these policy and program priorities, as well as new efforts by the Department to remove unnecessary regulatory burdens on external stakeholders. 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 2018. 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. Commerce has implemented Executive Order 13771 working through its Regulatory Reform Task Force established under Executive Order 13777 to identify and prioritize deregulatory actions that each bureau within the Department can take to reduce and remove regulatory burdens on stakeholders. In Fiscal Year 2018, Commerce expects to publish approximately 2 regulatory actions and over 30 deregulatory actions, far exceeding the requirement under Executive Order 13771 to publish two deregulatory actions for every one regulatory action. Additionally, Commerce's Regulatory Reform Task Force will continue working to execute directives under Executive Orders 13783 and 13807 to streamline regulatory process and permitting reviews for new energy and infrastructure projects. To that end, Commerce may have other deregulatory actions to implement that do not currently appear in the agenda. Regulatory reform and agency streamlining are key elements to Commerce's agenda for the next year. Senior policy analysis, performance measurements, and employee evaluations will incorporate these priorities as the Department continues to regulate private industry through multiple bureaus within the agency. 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; conserving, protecting, and recovering threatened and endangered marine and anadromous species and marine mammals 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 the impacts of a changing climate 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 2018, a number of the regulatory and deregulatory 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 bluefin tuna, swordfish, and sharks, are developed directly by NOAA, not by FMCs. FMPs address a variety of issues including maximizing fishing opportunities on healthy stocks, rebuilding overfished stocks, and addressing gear conflicts. One of the problems that FMPs may address is preven [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2017-28207. Public record. Not legal advice.