Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2018

REGULATORY INFORMATION SERVICE CENTER

Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions—Fall 2018

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 2018 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 2018 Unified Agenda contains the Regulatory Plans of 28 Federal agencies and 66 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 2018 Regulatory Plan

Agency Regulatory Plans

Cabinet Departments

Department of Agriculture

Department of Commerce

Department of Defense

Department of Education

Department of Energy

Department of Health and Human Services

Department of Homeland Security

Department of Housing and Urban Development

Department of the Interior

Department of Justice

Department of Labor

Department of Transportation

Department of the Treasury

Department of Veterans Affairs

Other Executive Agencies

Architectural and Transportation Barriers Compliance Board

Environmental Protection Agency

Equal Employment Opportunity Commission

General Services Administration

National Aeronautics and Space Administration

National Archives and Records Administration

Office of Personnel Management

Pension Benefit Guaranty Corporation

Small Business Administration

Social Security Administration

Independent Regulatory Agencies

Consumer Financial Protection Bureau

Consumer Product Safety Commission

Federal Trade Commission

National Indian Gaming Commission

Nuclear Regulatory Commission

Agency Agendas

Cabinet Departments

Department of Agriculture

Department of Commerce

Department of Energy

Department of Health and Human Services

Department of Homeland Security

Department of the Interior

Department of Justice

Department of Labor

Department of Transportation

Department of the Treasury

Other Executive Agencies

Architectural and Transportation Barriers Compliance Board

Committee for Purchase From People Who Are Blind or Severely Disabled

Environmental Protection Agency

General Services Administration

National Aeronautics and Space Administration

Railroad Retirement Board

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

National Labor Relations Board

Nuclear Regulatory Commission

Securities and Exchange Commission

Surface Transportation Board

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 2018 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 Interior

Department of Justice

Department of Labor

Department of Transportation

Department of Treasury

Department of Veterans Affairs

Other Executive Agencies

Environmental Protection Agency

Equal Employment Opportunity Commission

General Services Administration

National Aeronautics and Space Administration

National Archives and Records Administration

Office of Personnel Management

Pension Benefit Guaranty Corporation

Small Business Administration

Social Security Administration

Federal Acquisition Regulation

Independent Regulatory Agencies

Consumer 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 Energy

Department of Health and Human Services

Department of Homeland Security

Department of Interior

Department of Justice

Department of Labor

Department of Transportation

Department of Treasury

Other Executive Agencies

Architectural and Transportation Barriers Compliance Board

Committee for Purchase From the People Who Are Blind or Severely Disabled

Environmental Protection Agency

General Services Administration

National Aeronautics and Space Administration

Railroad Retirement Board

Small Business Administration

Federal Acquisition Regulation

Independent Agencies

Commodity Futures Trading Commission

Consumer Financial Protection Bureau

Consumer Product Safety Commission

Federal Communication Commission

Federal Reserve System

National Labor Relations Board

Nuclear Regulatory Commission

Securities and Exchange Commission

Surface Transportation Board

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

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

The Regulatory Plan

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

The Unified Agenda

provides information about regulations that the Government is considering or reviewing. The Unified Agenda has appeared in the

Federal Register

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

http://www.reginfo.gov

. The online Unified Agenda offers flexible search tools and access to the historic Unified Agenda database to 1995. The complete online edition of the Unified Agenda includes regulatory agendas from 65 Federal agencies. Agencies of the United States Congress are not included.

The fall 2018 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 Defense *

Department of Education *

Department of Housing and Urban Development *

Department of State

Department of Veterans Affairs *

Other Executive Agencies

Agency for International Development

American Battle Monuments Commission

Commission on Civil Rights

Corporation for National and Community Service

Council on Environmental Quality

Court Services and Offender Supervision Agency for the District of Columbia

Equal Employment Opportunity Commission *

Federal Mediation Conciliation Service

Institute of Museum and Library Services

National Archives and Records Administration *

National Endowment for the Arts

National Endowment for the Humanities

National Mediation Board

Office of Government Ethics

Office of Management and Budget

Office of Personnel Management *

Peace Corps

Pension Benefit Guaranty Corporation *

Presidio Trust

Social Security Administration *

Tennessee Valley Authority

Independent Agencies

Council of the Inspectors General on Integrity and Efficiency

Farm Credit Administration

Federal Deposit Insurance Corporation

Federal Energy Regulatory Commission

Federal Housing Finance Agency

Federal Maritime Commission

Federal Trade Commission *

National Commission on Military, National, and Public Service

National Credit Union Administration

National Indian Gaming Commission *

National Transportation Safety Board

Postal Regulatory Commission

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 12/00/19 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 2017.

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: October 15, 2018.

John C. Thomas,

Executive Director.

BILLING CODE 6820-27-P

Introduction to the Fall 2018 Regulatory Plan

Regulatory reform is a cornerstone of President Trump's agenda for economic growth. This Plan reaffirms the principles of individual liberty and limited government essential to reform. It also highlights the success of ongoing efforts, initiatives for improving accountability, and the promotion of good regulatory practices.

Across the Trump Administration, real regulatory reform is underway. As the agency examples throughout the Plan demonstrate, the benefits of a more rational regulatory system are felt far and wide and create opportunities for economic growth and development. Farmers can more productively use their land. Small businesses can hire more workers and provide more affordable healthcare. Innovators will be able to pursue advances in autonomous vehicles, drones, and commercial space exploration. Veterans enjoy expanded access to doctors through a telehealth program. Infrastructure can be improved more quickly with streamlined permitting requirements. These reforms and many others make life better for all Americans through lower consumer prices, more jobs, and, in the long run, improvements in well-being that result from the advance of innovative new products and services.

Private choices of individuals and businesses should generally prevail in a free society. Yet in modern times, the expansion of the administrative state has placed undue burdens on the public, impeding economic growth, technological innovation, and consumer choice. This Administration has spearheaded an unprecedented effort to

restore appropriate checks on the regulatory state, ensuring that agencies act within the boundaries of the law and in a manner that yields the greatest benefits to the American people while imposing the fewest burdens. Our policies focus on restoring political accountability and protecting the constitutional values of due process and fair notice. Government should respect the private decisions of individuals and businesses unless a compelling need can be shown for intervention, a longstanding principle affirmed in Executive Order 12866 (“Regulatory Planning and Review,” September 30, 1993). We approach regulation with humility, trusting Americans to direct their energy and capital productively and to reap the benefits that result from a free exchange of goods and ideas.

The Administration's regulatory agenda involves structural reforms as well as the practical work of eliminating and revising regulations. Agencies continue to advance the health and safety mandates that Congress has entrusted to them and to revamp vital programs to increase their effectiveness. At the same time, agencies are revising or rescinding regulations that fail to address real-world problems, that are needlessly burdensome, and that prevent Americans from advancing innovative solutions. Our reform efforts emphasize the rule of law, respect for the Constitution's separation of powers, and the limits of agency authority.

Reducing Regulatory Burdens

At the outset, President Trump set forth a general mandate for regulatory reform across the Administration. Consistent with legal obligations, Executive Order 13771 (“Reducing Regulation and Controlling Regulatory Costs,” January 30, 2017) directs a two-fold approach to reform: It requires that agencies eliminate two regulations for each new significant regulation and also requires that agencies offset any new regulatory costs. By requiring a reduction in the number of regulations, the order incentivizes agencies to identify regulations and guidance documents that do not provide sufficient benefits to the public. Agencies have reduced or eliminated unnecessary requirements large and small. For the first time in decades, Federal agencies have decreased new regulatory costs, while continuing to pursue important regulatory priorities.

Agencies have achieved historic and meaningful regulatory reform in the first two years.

• For fiscal year 2018, agencies achieved $23 billion in net regulatory cost savings across the government.

• Agencies issued 176 deregulatory actions (57 of which are significant deregulatory actions) and 14 significant regulatory actions.

• These results expand and build upon the success of the Administration's first year, for a total regulatory cost reduction of $33 billion.

In addition to these impressive results, the agencies project $18 billion in regulatory cost savings for 2019. In addition, the “Safer Affordable Fuel-Efficient Vehicles Rule” revises the greenhouse gas standards and Corporate Average Fuel Economy standards for passenger cars and light trucks. The Department of Transportation and the Environmental Protection Agency have proposed a range of options that are projected to save between $120 and $340 billion in regulatory costs and anticipate completion of the rule in fiscal year 2019. The momentum for reform continues to accelerate as agencies complete substantial deregulatory actions.

Promoting the Rule of Law: Political Accountability, Guidance Documents, and Respecting Congress' Lawmaking Power

The Administration's regulatory reform is committed to the rule of law, understood as respect for the constitutional structure as well as the specific laws enacted by Congress. The Constitution establishes a relatively simple framework for regulation. Congress is vested with limited and enumerated legislative powers, which it may use to set regulatory policy and establish the authority of agencies to issue regulations. The President is vested with the executive power, which includes overseeing and directing administration of the laws. Within the framework and directions established by Congress, political accountability for regulatory policy depends on presidential responsibility and control. As Alexander Hamilton explained, “Energy in the executive is a leading character of good government. It is essential to the protection of the community against foreign attacks: It is not less essential to the steady administration of the laws.” The Federalist No. 70.

The annual Regulatory Plan has provided a longstanding form of presidential accountability for the regulatory policy of federal agencies as well as for the specific regulatory actions planned for the forthcoming year. Through the process of reviewing the Plan and Unified Agenda of Regulatory and Deregulatory Actions, OIRA helps agencies to direct administrative action consistent with presidential priorities. Agency heads explain their priorities through the narrative of the Regulatory Plan and list specific deregulatory and regulatory actions expected to be completed in the coming year. This process provides an important gatekeeping role to ensure agencies pursue only those actions consistent with law and that have the support of the heads of agencies and ultimately the President. Likewise, review of draft regulatory actions through Executive Order 12866 advances good regulatory policy consistent with legal requirements, sound analysis, and presidential priorities.

Faithful execution of the laws also includes respect for the lawmaking power of Congress. Although Congress often confers substantial discretion on agencies, OIRA works with agencies to limit expansive interpretations of executive authority and to regulate within the boundaries of the law. Carefully examining statutory authority and keeping agencies within the limits set by Congress protects against executive agencies exercising the legislative power. OIRA also works with agencies to ensure compliance with the Administrative Procedure Act. The requirements of public notice and opportunity for comment bolster the legitimacy of agency action and can provide refinements that improve the ultimate policy chosen by an agency.

Moreover, OIRA is looking closely at existing statutory requirements for limiting administrative excess across federal agencies, including within the historically independent agencies. Under the Paperwork Reduction Act, all federal agencies must comply with specific requirements before collecting information from the public. OIRA plays an important role in reviewing forms that collect information, verifying that they have practical utility and are as minimally burdensome as possible. Reduction of paperwork burdens plays an important role in eliminating unnecessary, duplicative, or conflicting regulatory requirements.

The Administration's commitment to the rule of law finds expression in other initiatives, such as restoring the proper use of guidance documents. While guidance documents may provide needed clarification of existing legal obligations, they have sometimes been stretched to impose new obligations. OIRA and the White House Counsel's Office have repeatedly affirmed the importance of due process and fair notice in regulatory policy and worked closely with agencies to prevent the misuse of guidance documents. Agencies should not surprise the public

with new requirements through an informal memo, speech, or blog post. When agencies impose new regulatory obligations, they must follow the appropriate administrative procedures.

Through the review process for significant guidance documents, OIRA has identified proposed agency guidance that should be undertaken only through notice and comment rulemaking. Some agencies have withdrawn expansive guidance from the previous administration and are replacing it with rulemaking, rather than simply a revised guidance document. Rulemaking undoubtedly requires more agency time and resources; however, it also provides fair notice and allows input from the public, which ultimately results in more lawful and predictable regulatory policy.

Other agencies are also taking important steps. The Department of Justice clarified that guidance documents would not be used for enforcement purposes. Several agencies subsequently followed this principle, including a group of historically independent financial regulatory agencies. Other agencies are in the process of revising their guidance policies to promote greater accountability in the development, promulgation, and access to guidance documents.

Ensuring the proper use of guidance documents; eliminating outdated or stale guidance; requiring internal checks that enhance accountability for guidance; and providing greater transparency and online access to guidance documents are steps forward in promoting sound regulatory policy across the federal government. OIRA will continue to work with agencies to improve and refine their guidance practices.

Good Regulatory Practices: Transparency, Coordination, and Analysis

Regulatory reform in the Trump Administration includes the promotion and expansion of longstanding good regulatory practices such as transparency, coordination, and cost-benefit analysis. These practices improve regulatory outcomes irrespective of the policy preferences of an agency or administration.

Transparency

in the regulatory process provides one of the most important checks on administrative agencies by allowing the public to have notice of regulatory actions and opportunities for comment in the administrative process. This Administration has taken specific steps to improve transparency.

For example, OIRA collaborates with agencies to make the Unified Agenda of Regulatory and Deregulatory Actions a more accurate reflection of what agencies plan to pursue in the coming year. Agencies must make every effort to include actions they plan to pursue, because if an item is not on the Agenda, under Executive Order 13771, an agency cannot move forward unless it obtains a waiver or the action is required by law. A clear and accurate Agenda helps avoid unfair surprise and achieves greater predictability of upcoming actions.

This Administration has also published the so-called “Inactive List,” a list of regulations contemplated by agencies, but previously not made public in the Agenda. Agencies continue to review these lists and remove actions they no longer plan to pursue. Publication of the list promotes agency accountability for all regulatory actions under consideration and a more accurate picture of regulations in the pipeline.

Furthermore, in the process of implementing the historic reforms of Executive Order 13771, OIRA published detailed information about the cost allowances, cost savings, and specific actions counted as regulatory and deregulatory. OIRA issued early guidance on how the Executive Order would be implemented. Drawing from the successful experience of similar deregulatory programs in the United Kingdom and Canada, the guidance explained that even small deregulatory actions would be counted in order to incentivize agencies to eliminate unnecessary regulatory burdens of all sizes. This transparency allows the public to understand the accounting methodology and the choices made to encourage the greatest possible reform efforts from the agencies.

Coordination

is an important component of the OIRA regulatory review process. Coordination facilitates consistent application of presidential priorities, legal interpretation, and regulatory policy across different agencies. Centralized review allows the Administration to advance broader principles, such as concern for the rule of law, due process, and fair notice, as well as to reduce regulatory costs across the board.

Through the review process, agencies and senior officials within the Executive Office of the President have an opportunity to comment on draft regulations. These reviewers flag policy concerns or problems of duplication, inconsistency, and inefficiency. Such coordination allows for careful consideration of competing priorities and how they should be balanced across the Executive Branch. The review process also allows for coordination in other contexts, such as when one agency's rule implicates the programs or legal authorities of another. Interagency review can ameliorate problems arising from overlapping statutory mandates. Review can also strengthen the legal foundation and the supporting analysis of rules—bolstering their effectiveness and also their ability to survive legal challenge.

The historically independent agencies sometimes participate in the review process when a regulation raises issues that implicate their jurisdiction. Because these agencies are not generally subject to other White House coordination mechanisms, the review process provides an opportunity to ensure greater consistency across all agencies within the Executive Branch.

Finally,

cost-benefit analysis

must justify the need for regulation. As Executive Order 12866 recognizes, private choices of individuals and businesses are the baseline in the American system of government. To warrant departure from this baseline, regulatory actions must be consistent with statutory authority and should have benefits that substantially exceed costs.

Careful analysis that accurately captures both the benefits and costs of regulation is essential to achieving good regulatory policy. Consideration of alternatives and an assessment of their costs and benefits serves an important function by providing transparency for regulatory decisions and information that can inform public comment on the impact of regulatory alternatives before a rule is finalized. While anticipating and quantifying the costs and benefits of regulations pose challenges in some contexts, OIRA will continue to work closely with agencies to improve their analyses.

One of the practical consequences of Executive Order 13771 is that agencies have a new and meaningful incentive to engage in retrospective review of regulations, which President Obama called for in Executive Order 13563 (“Improving Regulation and Regulatory Review,” January 18, 2011). When issuing a rule, an agency can only

predict

the costs and benefits. Periodically reviewing the

actual

costs and benefits of regulations allows agencies to modify rules for greater effectiveness or to repeal rules that are unnecessary or counterproductive.

Review of Tax Regulations Under Executive Order 12866

Administration-wide regulatory reform efforts have been coupled with targeted reforms in specific high-burden areas. For example, the President issued Executive Order 13789 (“Identifying and Reducing Tax Regulatory Burdens,” April 21, 2017), directing the Department of the Treasury to identify and reduce tax regulatory burdens because America's “Federal tax system should be simple, fair, efficient, and pro-growth.” In addition to other measures, the President called for a review of whether tax regulations should go through the centralized OIRA regulatory review process. Tax regulations were previously exempt from this process, in part contributing to the problem of burdensome, complicated, and inefficient tax regulatory policy identified by Executive Order 13789.

After conducting this review, the Office of Management and Budget and the Department of the Treasury signed a Memorandum of Agreement (MOA), “Review of Tax Regulations under Executive Order 12866” (April 11, 2018). The MOA recognizes the importance of presidential oversight and accountability, particularly where tax regulations reflect the exercise of discretion, raise important legal or policy questions, or impose substantial costs on the public. Tax regulations uniquely impact all Americans and have significant consequences for investment, economic growth, and innovation. The OIRA review process provides an important check to ensure that tax regulations are consistent with the President's priorities for a “simple, fair, efficient, and pro-growth” tax system.

The historic reforms enacted in the Tax Cuts and Jobs Act (TCJA) require Treasury to issue a number of regulations. The MOA provides for the possibility of expedited review of TCJA regulations in order to provide timely guidance and information to the public. Over the past few months, Treasury and OIRA have worked closely together to improve tax regulations, ensuring that regulations are consistent with law, demonstrate benefits that exceed the costs, and impose the fewest possible burdens on the public. The review process encourages greater transparency of the impacts of the regulation, highlighting where the agency exercises discretion and the anticipated burdens placed on the public, including paperwork and other compliance burdens. When Treasury provides this information in a proposed rule, the public has a more informed basis from which to comment on the rule and share information about the consequences of particular regulatory choices. Moreover, the review process facilitates coordination with other agencies to avoid conflict with other administration priorities.

The improvement of tax regulations demonstrates a specific success in the Administration's regulatory reform agenda. It also reaffirms the value of the OIRA centralized review process for promoting presidential priorities and good regulatory practices such as transparency, coordination, and robust cost-benefit analysis.

Conclusion

Consistent with its longstanding commitment to the principles of good regulatory policy, OIRA works closely with agencies to advance regulatory policy that is consistent with law and the President's priorities and yields substantial net benefits for the public. The first two years of the Administration have produced unparalleled reform, and we project even more significant results in the coming year.

Neomi Rao,

Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget

Department of Agriculture

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

1

NOP; Strengthening Organic Enforcement

0581-AD09

Proposed Rule Stage.

2

National Bioengineered Food Disclosure Standard

0581-AD54

Final Rule Stage.

3

Animal Welfare; Amendments to Licensing Provisions and to Requirements for Dogs

0579-AE35

Proposed Rule Stage.

4

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

0579-AE47

Proposed Rule Stage.

5

Supplemental Nutrition Assistance Program: Requirements for Able-Bodied Adults Without Dependents

0584-AE57

Proposed Rule Stage.

6

Providing Regulatory Flexibility for Retailers in the Supplemental Nutrition Assistance Program (SNAP)

0584-AE61

Proposed Rule Stage.

7

Revision of Categorical Eligibility in the Supplemental Nutrition Assistance Program (SNAP)

0584-AE62

Proposed Rule Stage.

8

Reform Provisions for the Supplemental Nutrition Assistance Program's Quality Control System

0584-AE64

Proposed Rule Stage.

9

Child Nutrition Programs: Flexibilities for Milk, Whole Grains, and Sodium Requirements

0584-AE53

Final Rule Stage.

10

Egg Products Inspection Regulations

0583-AC58

Final Rule Stage.

11

Modernization of Swine Slaughter Inspection

0583-AD62

Final Rule Stage.

12

Update and Clarification of the Locatable Minerals Regulations

0596-AD32

Prerule Stage.

13

Oil and Gas Resource Revision

0596-AD33

Prerule Stage.

14

Servicing Regulation for the Rural Utilities Service (RUS) Telecommunications Programs

0572-AC41

Final Rule Stage.

15

oneRD Guaranteed Loan Regulation

0572-AC43

Final Rule Stage.

Department of Commerce

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

16

Revisions to the Export Administration Regulations: Control of Firearms and Related Articles the President Determines No Longer Warrant Control Under the United States Munitions List

0694-AF47

Final Rule Stage.

17

Magnuson-Stevens Act; Fishery Management Councils; Financial Disclosure and Recusal

0648-BH73

Proposed Rule Stage.

18

Magnuson-Stevens Fisheries Conservation and Management Act; Traceability Information Program for Seafood

0648-BH87

Proposed Rule Stage.

19

Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico

0648-BB38

Final Rule Stage.

20

Commerce Trusted Trader Program

0648-BG51

Final Rule Stage.

21

Setting and Adjusting Patent Fees

0651-AD31

Proposed Rule Stage.

Department of Defense

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

22

Contractor Purchasing System Review Threshold (DFARS Case 2017-D038)

0750-AJ48

Proposed Rule Stage.

23

Brand Name or Equal (DFARS Case 2017-D040)

0750-AJ50

Proposed Rule Stage.

24

Submission of Summary Subcontract Report (DFARS Case 2017-D005)

0750-AJ42

Final Rule Stage.

25

Regulatory Program of the Army Corps of Engineers Tribal Consultation and National Historic Preservation Act compliance

0710-AA75

Prerule Stage.

26

Natural Disaster Procedures: Preparedness, Response, and Recovery Activities of the Corps of Engineers

0710-AA78

Proposed Rule Stage.

27

Definition of “Waters of the United States”

0710-AA80

Proposed Rule Stage.

28

Compensatory Mitigation for Losses of Aquatic Resources—Review and Approval of Mitigation Banks and In-Lieu Fee Programs

0710-AA83

Proposed Rule Stage.

29

Modification of Nationwide Permits

0710-AA84

Proposed Rule Stage.

30

Policy for Domestic, Municipal, and Industrial Water Supply Uses of Reservoir Projects Operated by the Department of the Army, U.S. Army Corps of Engineers

0710-AA72

Final Rule Stage.

31

Establishment of TRICARE Select and Other TRICARE Reforms

0720-AB70

Final Rule Stage.

Department of Education

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

32

Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance

1870-AA14

Proposed Rule Stage.

33

State Authorization and Related Issues

1840-AD36

Proposed Rule Stage.

34

Accreditation and Related Issues

1840-AD37

Proposed Rule Stage.

35

Ensuring Student Access to High Quality and Innovative Postsecondary Educational Programs

1840-AD38

Proposed Rule Stage.

36

Eligibility of Faith-Based Entities and Activities-Title IV Programs

1840-AD40

Proposed Rule Stage.

37

TEACH Grants

1840-AD44

Proposed Rule Stage.

38

Institutional Accountability

1840-AD26

Final Rule Stage.

39

Program Integrity; Gainful Employment

1840-AD31

Final Rule Stage.

Department of Energy

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

40

Energy Conservation Standards for Residential Conventional Cooking Products

1904-AD15

Proposed Rule Stage.

41

Procedures, Interpretations, and Policies for Consideration of New or Revised Energy Conservation Standards for Consumer Products

1904-AD38

Proposed Rule Stage.

42

Energy Conservation Program: Definition for General Service Lamps

1904-AE26

Proposed Rule Stage.

Department of Health and Human Services

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

43

HIPAA Privacy: Request for Information on Changes to Support, and Remove Barriers to, Coordinated Care

0945-AA00

Prerule Stage.

44

HIPAA Privacy Rule: Presumption of Good Faith of Health Care Providers

0945-AA09

Proposed Rule Stage.

45

Protecting Statutory Conscience Rights in Health Care; Delegations of Authority

0945-AA10

Final Rule Stage.

46

Revising Outdated Requirements for Opioid Treatment Providers (OTPS)

0930-AA27

Proposed Rule Stage.

47

Coordinating Care and Information Sharing in the Treatment of Substance Use Disorders

0930-AA32

Proposed Rule Stage.

48

Food Standards: General Principles and Food Standards Modernization (Reopening of Comment Period)

0910-AC54

Proposed Rule Stage.

49

Mammography Quality Standards Act; Amendments to Part 900 Regulations

0910-AH04

Proposed Rule Stage.

50

Medical Device De Novo Classification Process

0910-AH53

Proposed Rule Stage.

51

Nonprescription Drug Product With an Additional Condition for Nonprescription Use

0910-AH62

Proposed Rule Stage.

52

Format and Content of Reports Intended to Demonstrate Substantial Equivalence

0910-AH89

Proposed Rule Stage.

53

Nutrient Content Claims, Definition of Term: Healthy

0910-AI13

Proposed Rule Stage.

54

Compliance With Statutory Program Integrity Requirements

0937-AA07

Final Rule Stage.

55

Requirements for Long-Term Care Facilities: Regulatory Provisions to Promote Program Efficiency, Transparency, and Burden Reduction (CMS-3347-P)

0938-AT36

Proposed Rule Stage.

56

CY 2020 Notice of Benefit and Payment Parameters (CMS-9926-P)

0938-AT37

Proposed Rule Stage.

57

Exchange Program Integrity (CMS-9922-P)

0938-AT53

Proposed Rule Stage.

58

Policy and Technical Changes to the Medicare Advantage and the Medicare Prescription Drug Benefit Programs for Contract Year 2020 (CMS-4185-P)

0938-AT59

Proposed Rule Stage.

59

Modernizing and Clarifying the Physician Self-Referral Regulations (CMS-1720-P)

0938-AT64

Proposed Rule Stage.

60

Adoption and Foster Care Analysis and Reporting System

0970-AC72

Proposed Rule Stage.

Department of Homeland Security

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

61

EB-5 Immigrant Investor Program Realignment

1615-AC26

Prerule Stage.

62

Inadmissibility on Public Charge Grounds

1615-AA22

Proposed Rule Stage.

63

Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap Subject Aliens

1615-AB71

Proposed Rule Stage.

64

EB-5 Immigrant Investor Regional Center Program

1615-AC11

Proposed Rule Stage.

65

Strengthening the H-1B Nonimmigrant Visa Classification Program

1615-AC13

Proposed Rule Stage.

66

U.S. Citizenship and Immigration Services Biometrics Collection for Consistent, Efficient, and Effective Operations

1615-AC14

Proposed Rule Stage.

67

Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization

1615-AC15

Proposed Rule Stage.

68

Electronic Processing of Immigration Benefit Requests

1615-AC20

Proposed Rule Stage.

69

Updating Adjustment of Status Procedures for More Efficient Processing and Immigrant Visa Usage

1615-AC22

Proposed Rule Stage.

70

Improvements to the Medical Certification for Disability Exceptions Processing

1615-AC23

Proposed Rule Stage.

71

Credible Fear Reform

1615-AC24

Proposed Rule Stage.

72

Employment Authorization Documents for Asylum Applicants

1615-AC27

Proposed Rule Stage.

73

EB-5 Immigrant Investor Program Modernization

1615-AC07

Final Rule Stage.

74

Removal of Certain International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as Amended (STCW) Training Requirements

1625-AC48

Proposed Rule Stage.

75

TWIC Reader Requirements; Delay of Effective Date

1625-AC47

Final Rule Stage.

76

Collection of Biometric Data From Aliens Upon Entry To and Exit From the United States

1651-AB12

Final Rule Stage.

77

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.

78

Vetting of Certain Surface Transportation Employees

1652-AA69

Proposed Rule Stage.

79

Amending Vetting Requirements for Employees With Access to a Security Identification Display Area (SIDA)

1652-AA70

Proposed Rule Stage.

80

Protection of Sensitive Security Information

1652-AA08

Final Rule Stage.

81

Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight School Employees

1652-AA35

Final Rule Stage.

82

Security Training for Surface Transportation Employees

1652-AA55

Final Rule Stage.

83

Apprehension, Processing, Care and Custody of Alien Minors and Unaccompanied Alien Children

1653-AA75

Proposed Rule Stage.

84

Establishing a Maximum Period of Authorized Stay for F-1 and Other Nonimmigrants

1653-AA78

Proposed Rule Stage.

85

Adjusting Program Fees for the Student and Exchange Visitor Program

1653-AA74

Final Rule Stage.

86

Factors Considered When Evaluating a Governor's Request for Individual Assistance for a Major Disaster

1660-AA83

Final Rule Stage.

87

Update to FEMA's Regulations on Rulemaking Procedures

1660-AA91

Final Rule Stage.

Department of Housing and Urban Development

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

88

Enhancing and Streamlining the Implementation of “Section 3” Requirements for Creating Economic Opportunities for Low- and Very Low-Income Persons and Eligible Businesses

2501-AD87

Proposed Rule Stage.

89

Project Approval for Single Family Condominium (FR-5715)

2502-AJ30

Final Rule Stage.

90

Affirmatively Furthering Fair Housing Streamlining and Enhancement (FR-6123)

2529-AA97

Prerule Stage.

Department of the Interior

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage.

91

Revisions to the Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf

1082-AA01

Proposed Rule Stage

Department of Justice

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

92

Bump-Stock-Type Devices

1140-AA52

Final Rule Stage.

93

Implementation of the Provision of the Comprehensive Addiction and Recovery Act of 2016 Relating to the Partial Filling of Prescriptions for Schedule II Controlled Substances

1117-AB45

Proposed Rule Stage.

94

Procedures for Asylum

1125-AA87

Proposed Rule Stage.

Department of Labor

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

95

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

1235-AA20

Proposed Rule Stage.

96

Regular and Basic Rates Under the Fair Labor Standards Act

1235-AA24

Proposed Rule Stage.

97

Joint Employment Under the Fair Labor Standards Act

1235-AA26

Proposed Rule Stage.

98

Labor Certification Process for Temporary Agricultural Employment in the United States (H-2A workers)

1205-AB89

Proposed Rule Stage.

99

Health Reimbursement Arrangements and Other Account-Based Group Health Plans

1210-AB87

Proposed Rule Stage.

100

Definition of an “Employer” Under Section 3(5) of ERISA—Association Retirement Plans and Other Multiple Employer Plans

1210-AB88

Proposed Rule Stage.

101

Standards Improvement Project IV

1218-AC67

Final Rule Stage.

102

Tracking of Workplace Injuries and Illnesses

1218-AD17

Final Rule Stage.

103

Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors

1218-AD21

Final Rule Stage.

Department of Transportation

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

104

Processing Buy America Waivers Based on Non availability

2105-AE79

Proposed Rule Stage.

105

Registration and Marking Requirements for Small Unmanned Aircraft

2120-AK82

Final Rule Stage.

106

Removing Regulatory Barriers for Automated Driving Systems

2127-AM00

Prerule Stage.

107

The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks

2127-AL76

Proposed Rule Stage.

108

Passenger Equipment Safety Standards Amendments

2130-AC46

Final Rule Stage.

109

Pipeline Safety: Class Location Requirements

2137-AF29

Prerule Stage.

110

Hazardous Materials: Enhanced Safety Provisions for Lithium Batteries Transported by Aircraft

2137-AF20

Proposed Rule Stage.

111

Pipeline Safety: Safety of Hazardous Liquid Pipelines

2137-AE66

Final Rule Stage.

112

Pipeline Safety: Safety of Gas Transmission Pipelines, MAOP Reconfirmation, Expansion of Assessment Requirements and Other Related Amendments

2137-AE72

Final Rule Stage.

113

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

2137-AF08

Final Rule Stage.

Department of Veterans Affairs

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

114

Veterans Community Walk-in Care

2900-AQ47

Proposed Rule Stage.

115

Economic Growth, Regulatory Relief, and Consumer Protection Act (the Act), Public Law 115-174, 132 Stat. 1296

2900-AQ42

Final Rule Stage.

116

Veterans Health Administration Benefits Claims, Appeals, and Due Process

2900-AQ44

Final Rule Stage.

117

Veterans Care Agreements

2900-AQ45

Final Rule Stage.

118

Veterans Community Care Program

2900-AQ46

Final Rule Stage.

Environmental Protection Agency

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

119

Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act

2060-AM75

Proposed Rule Stage.

120

Emission Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units; Revisions to Emission Guideline Implementing Regulations; Revisions to New Source Review Program

2060-AT67

Proposed Rule Stage.

121

Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Project Emissions Accounting

2060-AT89

Proposed Rule Stage.

122

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

2060-AT90

Proposed Rule Stage.

123

Mercury and Air Toxics Standards for Power Plants Residual Risk and Technology Review and Cost Review

2060-AT99

Proposed Rule Stage.

124

The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks

2060-AU09

Proposed Rule Stage.

125

Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h)

2070-AK34

Proposed Rule Stage.

126

Pesticides; Certification of Pesticide Applicators Rule; Reconsideration of the Minimum Age Requirements

2070-AK37

Proposed Rule Stage.

127

Pesticides; Agricultural Worker Protection Standard; Reconsideration of Several Requirements

2070-AK43

Proposed Rule Stage.

128

Increasing Consistency and Transparency in Considering Costs and Benefits in the Rulemaking Process

2010-AA12

Proposed Rule Stage.

129

Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residues From Electric Utilities: Amendments to the National Minimum Criteria (Phase 2)

2050-AG98

Proposed Rule Stage.

130

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

2040-AF15

Proposed Rule Stage.

131

National Primary Drinking Water Regulations: Regulation of Perchlorate

2040-AF28

Proposed Rule Stage.

132

Revised Definition of “Waters of the United States”

2040-AF75

Proposed Rule Stage.

133

Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category

2040-AF77

Proposed Rule Stage.

134

Peak Flows Management

2040-AF81

Proposed Rule Stage.

135

Clean Water Act Section 404(c) Regulatory Revision

2040-AF88

Proposed Rule Stage.

136

Review of the Primary National Ambient Air Quality Standards for Sulfur Oxides

2060-AT68

Final Rule Stage.

137

Renewable Fuel Volume Standards for 2019 and Biomass-Based Diesel (BBD) Volume for 2020

2060-AT93

Final Rule Stage.

138

Review of Dust-Lead Hazard Standards and the Definition of Lead-Based Paint

2070-AJ82

Final Rule Stage.

139

Service Fees for the Administration of the Toxic Substances Control Act

2070-AK27

Final Rule Stage.

140

Clean Water Act Hazardous Substances Spill Prevention

2050-AG87

Final Rule Stage.

141

Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Reconsideration of Amendments

2050-AG95

Final Rule Stage.

142

Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residues From Electric Utilities: Amendments to the National Minimum Criteria (Phase 1, Part 2)

2050-AH01

Final Rule Stage.

143

Definition of “Waters of the United States”—Recodification of Preexisting Rule

2040-AF74

Final Rule Stage.

Equal Employment Opportunity Commission

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

144

Amendments to Regulations Under the Americans With Disabilities Act

3046-AB10

Proposed Rule Stage.

145

Amendments to Regulations Under the Genetic Information Nondiscrimination Act of 2008

3046-AB11

Proposed Rule Stage.

General Services Administration

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

146

General Services Administration Acquisition Regulation (GSAR); GSAR Case 2015-G506, Adoption of Construction Project Delivery Method Involving Early Industry Engagement

3090-AJ64

Proposed Rule Stage.

147

General Services Acquisition Regulation (GSAR); GSAR Case 2016-G511, Contract Requirements for GSA Information Systems

3090-AJ84

Proposed Rule Stage.

148

General Services Administration Acquisition Regulation (GSAR); GSAR Case 2016-G515, Cyber Incident Reporting

3090-AJ85

Proposed Rule Stage.

149

Federal Permitting Improvement Steering Council (FPISC); FPISC Case 2018-001; Fees for Governance, Oversight, and Processing of Environmental Reviews and Authorizations

3090-AJ88

Proposed Rule Stage.

150

GSAR Case 2008-G517, Cooperative Purchasing—Acquisition of Security and Law Enforcement Related Goods and Services (Schedule 84) by State and Local Governments Through Federal Supply Schedules

3090-AI68

Final Rule Stage.

151

General Services Administration Acquisition Regulation (GSAR); GSAR Case 2013-G502, Federal Supply Schedule Contract Administration

3090-AJ41

Final Rule Stage.

152

General Services Administration Acquisition Regulation (GSAR); GSAR Case 2019-G501, Ordering Procedures for Commercial e-Commerce Portals

3090-AK03

Final Rule Stage.

National Aeronautics and Space Administration

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

153

Detection and Avoidance of Counterfeit Parts

2700-AE38

Proposed Rule Stage.

Office of Personnel Management

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

154

Freedom of Information Act (FOIA) Regulations

3206-AK53

Proposed Rule Stage.

155

Direct-Hire Authority for Agency Chief Information Officers

3206-AN65

Proposed Rule Stage.

156

Administrative Law Judges

3206-AN72

Final Rule Stage.

Small Business Administration

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

157

Small Business HUBZone Program and Government Contracting Programs

3245-AG38

Proposed Rule Stage.

158

Women-Owned Small Business and Economically Disadvantaged Women-Owned Small Business—Certification

3245-AG75

Proposed Rule Stage.

159

Implementation of the Small Business 7(a) Lending Oversight Reform Act of 2018

3245-AH05

Proposed Rule Stage.

Social Security Administration

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

160

Revised Medical Criteria for Evaluating Digestive Disorders, Cardiovascular Disorders, and Skin Disorders

0960-AG65

Proposed Rule Stage.

161

Removing Inability to Communicate in English as an Education Category

0960-AH86

Proposed Rule Stage.

162

Newer and Stronger Penalties (Conforming Changes)

0960-AH91

Proposed Rule Stage.

163

Privacy Act Exemption: Personnel Security and Suitability Program Files

0960-AH97

Proposed Rule Stage.

164

References to Social Security and Medicare in Electronic Communications

0960-AI04

Proposed Rule Stage.

165

Availability of Information and Records to the Public

0960-AI07

Proposed Rule Stage.

166

Setting the Manner for the Appearance of Parties and Witnesses at a Hearing

0960-AI09

Proposed Rule Stage.

167

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.

168

Hearings Held by Administrative Appeals Judges of the Appeals Council

0960-AI25

Proposed Rule Stage.

169

Rules Regarding the Frequency and Notice of Continuing Disability Reviews

0960-AI27

Proposed Rule Stage.

170

Privacy and Disclosure of Official Records and Information

0960-AI38

Proposed Rule Stage.

171

Revised Medical Criteria for Evaluating Musculoskeletal Disorders (3318P)

0960-AG38

Final Rule Stage.

172

Privacy Act Exemption: Social Security Administration Violence Evaluation and Reporting System (SSAvers)

0960-AI08

Final Rule Stage.

Consumer Product Safety Commission

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

173

Regulatory Options for Table Saws

3041-AC31

Final Rule Stage.

174

Portable Generators

3041-AC36

Final Rule Stage.

Nuclear Regulatory Commission

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

175

Low-Level Radioactive Waste Disposal [NRC-2011-0012]

3150-AI92

Proposed Rule Stage.

176

Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning [NRC-2015-0070]

3150-AJ59

Proposed Rule Stage.

177

Cyber Security at Fuel Cycle Facilities [NRC-2015-0179]

3150-AJ64

Proposed Rule Stage.

178

American Society of Mechanical Engineers 2015-2017 Code Editions Incorporation by Reference [NRC-2016-0082]

3150-AJ74

Proposed Rule Stage.

179

Approval of American Society of Mechanical Engineers Code Cases, Revision 38 [NRC-2017-0024]

3150-AJ93

Proposed Rule Stage.

180

Revision of Fee Schedules: Fee Recovery for FY 2019 [NRC-2017-0032]

3150-AJ99

Proposed Rule Stage.

181

Mitigation of Beyond Design Basis Events (MBDBE) [NRC-2014-0240]

3150-AJ49

Final Rule Stage.

182

Advanced Power Reactor 1400 (APR-1400) Design Certification [NRC-2015-0224]

3150-AJ67

Final Rule Stage.

[FR Doc. ??-????? Filed ??-??-??; 8:45 am]

BILLING CODE 6820-27-P

U.S. DEPARTMENT OF AGRICULTURE

Fall 2018 Statement of Regulatory Priorities

The Department of Agriculture's (USDA) ongoing regulatory reform strategy remains one of the cornerstones for creating a culture of consistent, efficient service to our customers, while reducing burdens and improving efficiency. Accordingly, USDA's fall 2018 Regulatory Agenda reflects these priorities, including those administrative efficiencies such as streamlining and one-stop shopping. Moreover, these USDA 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:

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 2019.

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 like seeking direct public feedback through our

Tell Sonny

initiative. 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. Moreover, reforms like the consolidation of administrative functions at the mission area level eliminate inefficiencies and allow the Department to best support the needs of our 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.

Farm Bill Implementation:

Legislation covering major commodity support programs and crop insurance, trade, conservation, rural development, nutrition assistance and other programs (the Farm Bill) expires at the end of fiscal year 2018. Plans for implementation to any new or modified programs reauthorized in the new Farm Bill will be considered upon enactment and regulatory agenda priorities adjusted accordingly. USDA notes that Farm Bill implementation will allow us the opportunity to modify existing regulations while introducing program reforms to ease the burden on our customers and improve program outcomes.

Executive Order 13777—Enforcing the Regulatory Reform Agenda

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 2018 fall Regulatory Agenda. These actions were further evaluated to determine which rules should be made a priority based on the impact of their proposals and the Department's ability to finalize the action in FY 2019. 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. Through the end of June 2018, USDA had received and reviewed over 4,000 public comments on recommended reforms, including requests from stakeholders to extend the public comment period past its one-year time period. Accordingly, USDA has extended the public comment period through July 18, 2019. While comments to the notice do not bind USDA to any further actions, all submissions are reviewed and inform actions to repeal, replace, or modify existing regulations.

Executive Order 13771—Reducing Regulation and Controlling Regulatory Costs

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 2018 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 72 rules, of which 34 rules are not subject to the offsetting or deregulatory requirements of Executive Order 13771. Of the remaining 38 rules, 32 are deregulatory and six are regulatory. Of the 32 deregulatory actions, USDA has identified 16 final rules that will be completed in FY 2019 resulting in either a cost savings or meeting the direction that an agency issue twice as many Executive Order 13771 deregulatory actions as Executive Order 13771 regulatory actions.

USDA's 2018 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, and 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:

The Department will promote American agricultural products and exports that benefit and grow the U.S. agricultural economy and rural America:

To achieve this, USDA will expand international marketing opportunities through promotion activities, development of international standards, removal of trade barriers to U.S. exports, and negotiation of new trade agreements. USDA will also partner with developing countries to assist them with movement along the agricultural market continuum from developing economies to developed economies with promising demand potential.

Agricultural Trade Promotion Program:

This action will assist U.S. agricultural industries to conduct market promotion activities that promote U.S. agricultural commodities in foreign markets, including activities that address existing or potential non-tariff barriers to trade. For more information about this rule, see RIN 0551-AA92.

The Department will 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.

Implement the National Bioengineered Food Disclosure Standard:

This action was mandated by the National Bioengineered Food Disclosure Standard (Law), which required 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 has proposed requirements that, if finalized, will serve as a national mandatory bioengineered food disclosure standard for bioengineered food and food that may be bioengineered. The proposed rule published on May 4, 2018, and the deadline for public comment was July 3, 2018. AMS reviewed over 14,000 comments that will be analyzed and addressed in the final rule. For more information about this rule, see RIN 0581-AD54.

Improve effectiveness and efficiency of helping individuals move 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. The proposed action would modify SNAP requirements and services for able-bodied adults without children in response to public input provided through an advance notice of proposed rulemaking published on February 23, 2018. For more information about this rule, see RIN 0584-AE57.

Revision of categorical eligibility in the Supplemental Nutrition Assistance Program (SNAP):

The Food and Nutrition Act of 2008 allows households in which all members receiving benefits under a State program funded by the Temporary Assistance for Needy Families (TANF) program are categorically eligible to participate in SNAP. States have the option of adopting a policy in which households may become categorically eligible for SNAP because they receive a non-cash or in-kind benefit or service funded by TANF. FNS will issue a proposed rule to amend the regulations pertaining to categorically eligible TANF households by limiting categorical eligibility to households that received cash TANF or other substantial assistance from TANF. For more information about this rule, see RIN 0584-AE62.

Reform provisions for the Supplemental Nutrition Assistance Program's Quality Control System:

FNS will propose revisions to reform and strengthen its SNAP Quality Control system based on stakeholder input received from its June 1, 2018, request for State government and stakeholder input as to how to best proceed with reforming the SNAP Quality Control system. For more information about this rule, see RIN 0584-AE64.

Simplifying Rural Development's Guaranteed Loan Regulations Combining Rural Development Guaranteed Loan Regulations into a single regulation:

Rural Development proposes to combine its four existing guaranteed loan regulations: (1) Water and Waste Disposal; (2) Community Facilities; (3) Business and Industry; and (4) Rural Energy for America, into a single regulation. The proposed action will enable Rural Development to simplify, improve, and enhance the delivery of these four guaranteed loan programs, and better manage the risks inherent with making and servicing guaranteed loans and will result in an improved customer experience for

lenders trying to access these programs. For more information about this rule, see RIN 0572-AC43.

Servicing Regulation for the Rural Utilities Service (RUS) Telecommunications Programs:

The RUS Telecommunications Programs provide loan funding to build and expand broadband service into unserved and underserved rural communities, along with limited funding to support the costs to acquire equipment to provide distance learning and telemedicine service. RUS will propose to modify the program to give RUS greater authority to address servicing actions associated with distressed loans employing only limited coordination with the Department of Justice. This will streamline and expedite servicing actions, improve the government's recovery on such loans, and improve overall customer service. For more information about this rule, see RIN 0572-AC41.

Amendments to Rural Development (RD) environmental reviews for rural infrastructure projects:

USDA's RD programs provide loans, grants and loan guarantees to support investment in rural infrastructure to spur economic development, create jobs, improve the quality of life, and address the health and safety needs of rural residents. The current regulation requires that the environmental review under the National Environmental Policy Act (NEPA) be completed prior to the completion of the obligation of funds. The proposal will allow RD some flexibility with the authority to move forward with the obligation of funds

conditioned upon the completion of environmental review for infrastructure projects.

For more information about this rule, see RIN 0572-AC44.

Animal Welfare; Amendments to Licensing Provisions and to Requirements for Dogs:

The Animal and Plant Health Inspection Service (APHIS) will issue a proposal that would amend the regulations governing the issuance and renewal of licenses under the Animal Welfare Act (AWA) to better promote sustained compliance under 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. This rulemaking would also strengthen the veterinary care and watering standards for regulated dogs to better align the regulations with the humane care and treatment standards set by the Animal Welfare Act. The proposal follows an advance notice of proposed rulemaking published on August 24, 2017, that solicited comment from the public to aid in the development of these revisions. APHIS received and analyzed approximately 47,000 public comments. For more information about this rule, see RIN 0579-AE35.

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.

Seed Cotton Changes to Agriculture Risk Coverage (ARC) and Price Loss Coverage (PLC) Programs:

This final action, as authorized by the Bipartisan Budget Act of 2018, will revise the ARC and PLC Programs to add seed cotton to the list of covered commodities and establish a loan rate for the purposes of calculating an ARC or PLC payment. For more information about this rule, see RIN 560-AI40.

Market Facilitation Program:

This action will assist agricultural producers with respect to commodities, livestock, or livestock products that have been significantly impacted by actions of foreign governments resulting in the loss of traditional exports. For more information about this rule, see RIN 0560-AI42.

Importation, Interstate Movement, and Release Into the Environment of Certain Genetically Engineered Organisms (Part 340):

APHIS is proposing to revise its regulations regarding the importation, interstate movement, and environmental release of certain genetically engineered organisms in order to update the regulations in response to advances in genetic engineering and APHIS' understanding of the plant health risk posed by genetically engineered organisms, thereby reducing burden for regulated entities whose organisms pose no plant health risks. For more information about this rule, see RIN 0579-AE47.

National Organic Program; Strengthening Organic Enforcement:

The Agricultural Marketing Service will propose changes to the USDA organic regulations to strengthen the oversight of organic products, improve enforcement of organic standards, and protect organic integrity. The proposal will address gaps in the organic standards to deter fraud, and enhance enforcement. In addition, this proposal will support consumer trust and continued industry growth. For more information about this rule, see RIN 0581-AD09.

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 APHIS to consider requests to authorize the importation or interstate movement of new fruits and vegetables in a manner that is more flexible and responsive to evolving pest situations in both the United States and exporting countries, while maintaining the science-based process for making risk evaluations. 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 a final rule that provides flexibilities to Program operators participating in the Child Nutrition Programs effective School Year 2019-2020. For more information about this rule, see RIN 0584-AE53.

Provide regulatory flexibility for retailers in the Supplemental Nutrition Assistance Program (SNAP):

FNS will issue a proposed rule to 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.

Modernize swine slaughter inspection:

The Food Safety and Inspection Service (FSIS) plans to finalize a proposal published on February 1, 2018, to establish a voluntary New Swine Inspection System (NSIS) for market-hog slaughter establishments, and mandatory provisions for all swine slaughtering establishments. 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. FSIS received over 83,500 comments. Many of the comments requested that FSIS withdraw the proposal to remove limits on line speeds due to the negative effect on animal welfare and worker safety. These comments will be analyzed and further addressed in the final rule. For more information about this rule, see RIN 0583-AD62.

The Department will ensure productive and sustainable use of our National Forest System Lands:

To ensure that America's forests and grasslands are healthy and sustainable, USDA manages approximately 193 million acres of public land, much of it rural and remote. Land management activities can influence rural economies, and USDA can help enable economic growth and recovery.

Update and Clarification of the Locatable Mineral Regulations:

The Forest Service plans to seek public input as it evaluates its management of the activities associated with mining “locatable minerals” that have an impact on the surface resources including expediting Forest Service review and approval of certain proposed mineral operations on National Forest System (NFS) lands. The Forest Service plans to seek public input to determine whether its assessment of the need for these changes is shared by the public. For more information about this rule, see RIN 0596-AD32.

Oil and Gas Resource Revisions:

The Forest Service plans to seek public input as it evaluates its regulations concerning its responsibility for authorizing and regulating access to federal oil and natural gas resources. Updating the regulations will afford an opportunity to modernize and streamline analytical and procedural requirements, reduce the paperwork burden on industry, reduce permitting times for leasing NFS lands, and help provide a more consistent approach to oil and gas management across the NFS. In addition, USDA recommended revising the regulation as part of the USDA Final Report Pursuant to Executive Order 13783 on Promoting Energy Independence and Economic Growth. The regulation revision will also make updates in response to legislative actions such as the Energy Policy Act of 2005. For more information about this rule, see RIN 0596-AD33.

USDA—AGRICULTURAL MARKETING SERVICE (AMS)

Proposed Rule Stage

1. NOP; Strengthening Organic Enforcement

Priority:

Other Significant.

E.O. 13771 Designation:

Regulatory.

Legal Authority:

7 U.S.C. 6501

CFR Citation:

7 CFR 205.

Legal Deadline:

None.

Abstract:

The rule supports a broader strategy to strengthen oversight of organic imports and the organic supply chain. AMS intends this rule to deter fraud, enhance enforcement and protect organic integrity.

Statement of Need:

The March 2010 Office of Inspector General (OIG) audit of the National Organic Program (NOP) raised issues related to the program's progress for imposing enforcement actions. One concern was that organic producers and handlers facing revocation or suspension of their certification are able to market their products as organic during what can be a lengthy appeals process. As a result, AMS expects to publish a proposed rule to revise language in section 205.681 of the NOP regulations, which pertains to adverse action appeals. It is expected that this rule will streamline the NOP appeals process such that appeals are reviewed and responded to in a more timely manner.

Summary of Legal Basis:

The Organic Foods Production Act of 1990 (OFPA), 7 U.S.C. 6501

et seq.,

requires that the Secretary establish an expedited administrative appeals procedure for appealing an action of the Secretary or certifying agent (section 6520). The NOP regulations describe how appeals of proposed adverse action concerning certification and accreditation are initiated and further contested (sections 205.680, 205.681).

Alternatives:

The program considered maintaining the status quo and hiring additional support for the NOP appeals team. This rulemaking was determined to be preferable because it will reduce redundancy in the appeals process, where an appellant can more quickly appeal the administrator's decision to an administrative law judge.

Anticipated Cost and Benefits:

This action will affect certified operations and accredited certifying agents. The primary impact is expected to be expedited enforcement action, which may benefit the organic community through deterrence and increased consumer confidence in the organic label. It is not expected to have a significant cost burden upon affected entities beyond any monetary penalty or suspension or revocation of certification or accreditation, to which these entities are already subject to under current regulations.

Risks:

No risks have been identified.

Timetable:

Action

Date

FR Cite

NPRM

03/00/19

Regulatory Flexibility Analysis Required:

No.

Government Levels Affected:

None.

Agency Contact:

Jennifer Tucker, Deputy Administrator, USDA National Organic Program, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250,

Phone:

202 260-8077.

RIN:

0581-AD09

USDA—AMS

Final Rule Stage

2. National Bioengineered Food Disclosure Standard

Priority:

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

Unfunded Mandates:

This action may affect the private sector under Pub. L. 104-4.

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:

Final, Statutory, July 29, 2018.

Abstract:

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). The provisions of this rule, pursuant to the law, will serve as a national mandatory bioengineered food disclosure standard for bioengineered food and food that may be bioengineered.

Statement of Need:

This rule would establish a single, national standard to supersede a patchwork of similar standards implemented or planned by individual States. The rule may be considered a regulatory reduction in that affected entities would be regulated by a uniform standard recognized in both interstate commerce and international trade. Consumers would benefit from a single standard for consistent messaging about bioengineered food in the market.

Summary of Legal Basis:

The authority for this action is provided by the Agricultural Marketing Act of 1946 as amended by Pub. L. 114-216.

Alternatives:

The proposed rule evaluated alternative thresholds for which disclosure would be required and alternative definitions for the term “very small food manufacturer.”

Anticipated Cost and Benefits:

Implementation of the standard is intended to coincide with that of the Food and Drug Administration's updated food labeling requirements. Such coordination would reduce expenses for affected food manufactures, who would otherwise bear twice the cost of changing food labels to comply with each regulation.

Risks:

No risks have been identified at this time.

Timetable:

Action

Date

FR Cite

NPRM

05/04/18

83 FR 19860

Comment Period End

07/03/18

Final Action

11/00/18

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.

International Impacts:

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

Agency Contact:

Arthur Neal, Deputy Administrator, Transportation and Marketing, Department of Agriculture, Agricultural Marketing Service, Washington, DC 20250,

Phone:

202 692-1300.

RIN:

0581-AD54

USDA—ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)

Proposed Rule Stage

3. Animal Welfare; Amendments to Licensing Provisions and to Requirements for Dogs

Priority:

Other Significant.

E.O. 13771 Designation:

Other.

Legal Authority:

7 U.S.C. 2131 to 2159

CFR Citation:

9 CFR 1 to 3.

Legal Deadline:

None.

Abstract:

This rulemaking would amend the licensing requirements under the Animal Welfare Act regulations to promote compliance, reduce licensing fees, and strengthen existing safeguards that prevent individuals and businesses who have a history of noncompliance from obtaining a license or working with regulated animals. This action would reduce regulatory burden with respect to licensing and more efficiently ensure licensees' sustained compliance with the Act. This rulemaking would also strengthen the veterinary care and watering standards for regulated dogs to better align the regulations with the humane care and treatment standards set by the Animal Welfare Act.

Statement of Need:

Although an applicant for a license renewal must also certify that he or she is in compliance with all regulations, the current regulations do not require the applicant to show compliance before APHIS renews his or her license. As a result, licensees can currently renew their licenses indefinitely without undergoing a thorough compliance inspection. This proposal would require persons to seek a new license every three years and demonstrate compliance with the AWA regulations as part of the application process. Further, the current regulations do not require a licensee to show compliance when the licensee makes any subsequent changes to his or her animals or facilities, including noteworthy changes in the number or type of animals used in regulated activity. Based on our experience with enforcing the AWA and regulations, we are concerned that many licensees struggle to achieve and maintain compliance after making such changes to their animals used in regulated activity.

Summary of Legal Basis:

Under the Animal Welfare Act (AWA or the Act, 7 U.S.C. 2131

et seq.

), the Secretary of Agriculture is authorized to promulgate standards and other requirements governing the humane handling, care, treatment, and transportation of certain animals by dealers, exhibitors, operators of auction sales, research facilities, and carriers and intermediate handlers. Definitions, regulations, and standards established under the AWA are contained in the Code of Federal Regulations (CFR) in 9 CFR parts 1, 2, and 3 (referred to below as the regulations). Part 2 provides administrative requirements and sets forth institutional responsibilities for regulated parties, including licensing requirements for dealers, exhibitors, and operators of auction sales.

Alternatives:

APHIS considered several alternatives in developing various aspects of the proposed rule. Regarding the types of animals that would trigger the need for a new license, APHIS considered requiring a new license for all exotic or wild animal changes, but rejected this in favor of requiring a new license for types of animals that are dangerous and have unique regulatory and care needs. With respect to license termination following two or more attempted inspections during the period of licensure, APHIS considered requiring immediate termination but decided in favor of allowing the licensee the opportunity to first present evidence in defense. APHIS also considered different time frames for the fixed-term license (

e.g.,

four or five years) and settled on three years based on our experience administering the AWA.

Anticipated Cost and Benefits:

This rule would result in cost savings for both APHIS and licensees by simplifying the licensing process and reducing fees, while enhancing the protection of covered animals. Total cost reductions for affected entities are expected to range between $600,000 and $2.1 million per year. In accordance with guidance on complying with E.O. 13771, the single primary estimate of cost savings for this proposed rule is $1.37 million, the midpoint estimate of savings annualized in perpetuity using a 7 percent discount rate.

Risks:

This proposed rule would address two existing areas of concern. As noted, it is possible for licensees to renew their licenses without undergoing a thorough compliance inspection and for licensees to make noteworthy changes in the number or type of animals used in regulated activity. This rulemaking would address those concerns by requiring licensees to affirmatively demonstrate compliance with the AWA regulations and standards and to obtain a new license

when making noteworthy changes subsequent to the issuance of a license in regard to the number, type, or location of animals used in regulated activities.

Timetable:

Action

Date

FR Cite

ANPRM

08/24/17

82 FR 40077

ANPRM Comment Period End

10/23/17

ANPRM Comment Period Extended

10/23/17

82 FR 48938

ANPRM Comment Period Extended End

11/02/17

NPRM

11/00/18

Regulatory Flexibility Analysis Required:

No.

Government Levels Affected:

Federal, Local, State.

Additional Information:

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

http://www.aphis.usda.gov

.

Agency Contact:

Christine Jones, Chief of Staff, Animal Care, Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 84, Riverdale, MD 20737-1231,

Phone:

301 851-3730.

RIN:

0579-AE35

USDA—APHIS

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

Priority:

Other Significant.

E.O. 13771 Designation:

Deregulatory.

Legal Authority:

7 U.S.C. 7701 to 7772; 7 U.S.C. 7781-to 786

CFR Citation:

7 CFR 340.

Legal Deadline:

None.

Abstract:

APHIS is proposing to revise its regulations regarding the importation, interstate movement, and environmental release of certain genetically engineered organisms in order to update the regulations in response to advances in genetic engineering and APHIS' understanding of the plant health risk posed by genetically engineered organisms, thereby reducing the burden for regulated entities whose organisms pose no plant health risks.

Statement of Need:

This rule is necessary in order to respond to advances in genetic engineering and APHIS' understanding of the pest risks posed by genetically engineered (GE) organisms, to assess such organisms for plant pest risks in light of those advances and establish a process to determine whether APHIS has jurisdiction under the Plant Protection Act to regulate specific GE organisms under Part 340, and to respond to two Office of Inspector General audits regarding APHIS' regulation of genetically engineered organisms, as well as the requirements of the 2008 Farm Bill.

Summary of Legal Basis:

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

et seq.

).

Alternatives:

Alternatives that we considered were (1) to leave the regulations unchanged and (2) to regulate all GE organisms as presenting a possible plant pest or noxious weed risk, without exception, and with no means of granting nonregulated status.

Anticipated Cost and Benefits:

Not yet determined.

Risks:

Unless we issue this proposal, we will not be able to respond to the products of future technologies and not be able to provide appropriate oversight of GE organisms that pose a plant pest risk. Additionally, as noted above, the current regulations do not incorporate recommendations of two OIG audits, and do not respond to the requirements of the 2008 Farm Bill, particularly regarding APHIS oversight of field trials and environmental releases of genetically engineered organisms.

Timetable:

Action

Date

FR Cite

NPRM

04/00/19

Regulatory Flexibility Analysis Required:

Undetermined.

Government Levels Affected:

Federal, State.

International Impacts:

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

Additional Information:

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

http://www.aphis.usda.gov

.

Agency Contact:

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

Phone:

301 851-3893.

RIN:

0579-AE47

USDA—FOOD AND NUTRITION SERVICE (FNS)

Proposed Rule Stage

5. Supplemental Nutrition Assistance Program: Requirements for Able-Bodied Adults Without Dependents

Priority:

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

E.O. 13771 Designation:

Regulatory.

Legal Authority:

Sec. 6(o)(4) of the Food and Nutrition Act of 2008, as amended, 7 U.S.C. 2011 to 2036

CFR Citation:

7 CFR 273.24(f).

Legal Deadline:

None.

Abstract:

The Food and Nutrition Act of 2008, as amended (the Act), establishes a time limit for SNAP participation of three months in three years for able-bodied adults without dependents (ABAWDs) who are not working. The Act provides State flexibility by allowing State agencies to request to waive the time limit if an area that an individual resides in has an unemployment rate of over 10 percent or does not have a sufficient number of jobs to provide employment for individuals. This rule will propose modifications to the Supplemental Nutrition Assistance Program (SNAP) requirements and services for Able-Bodied Adults Without Dependents (ABAWDs) in response to public input provided through the advanced notice of proposed rulemaking (ANPRM).

Statement of Need:

SNAP offers nutrition assistance to millions of eligible, low-income individuals and families; this nutrition assistance also provides economic benefits to communities. It is important that SNAP support self-sufficiency and reduce the need for government assistance for its program participants. The Department recognizes that a well-paying job provides the best path to self-sufficiency for those who are able to work. To that end, the Department aims to create conditions that incentivize SNAP program participants to find employment.

Summary of Legal Basis:

Currently unavailable.

Alternatives:

Currently unavailable.

Anticipated Cost and Benefits:

Currently unavailable.

Risks:

Currently unavailable.

Timetable:

Action

Date

FR Cite

ANPRM

02/23/18

83 FR 8013

NPRM

10/00/18

Regulatory Flexibility Analysis Required:

No.

Small Entities Affected:

Businesses.

Government Levels Affected:

Local, State.

Agency Contact:

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

Phone:

703 605-0800,

Email: charles.watford@fns.usda.gov

.

RIN:

0584-AE57

USDA—FNS

6. Providing Regulatory Flexibility for Retailers in the Supplemental Nutrition Assistance Program (SNAP)

Priority:

Other Significant.

E.O. 13771 Designation:

Deregulatory.

Legal Authority:

Pub. L. 113-79; 7 U.S.C. 2011 to 2036

CFR Citation:

7 CFR 271.2; 7 CFR 278.1.

Legal Deadline:

None.

Abstract:

The Agricultural Act of 2014 amended the Food and Nutrition Act of 2008 to increase the requirement that certain Supplemental Nutrition Assistance Program (SNAP) authorized retail food stores have available on a continuous basis at least three varieties of items in each of four staple food categories, to a mandatory minimum of seven varieties. The Food and Nutrition Service (FNS) codified these mandatory requirements. This change will provide some retailers participating in SNAP as authorized food stores with more flexibility in meeting the enhanced SNAP eligibility requirements.

Statement of Need:

The United States Department of Agriculture (USDA, or the Department) Food and Nutrition Service (FNS, or the Agency) is proposing changes to regulations in Sections 271 and 278 which modify the definition of variety as it pertains to the stocking requirements that certain retail food stores must meet to be eligible to participate in the Supplemental Nutrition Assistance Program (SNAP). On December 15, 2016, FNS published a final rule that amended SNAP regulations at 7 CFR parts 271 and 278 to clarify and enhance current SNAP regulations governing the eligibility of certain firms to participate in SNAP. On May 5, 2017, appropriations legislation (the Consolidated Appropriation Act of 2017, or the Omnibus) suspended implementation of two provisions in the 2016 final rule: (1) The Definition of ‘Staple Food’ Acceptable Varieties in the Four Staple Food Categories provision and (2) the Definition of ‘Retail Food Store’ Breadth of Stock provision (known as the Definition of “Variety” provision and the Breadth of Stock provision, respectively). In order to move forward with implementing these provisions of the 2016 final rule, the Omnibus required USDA to first amend the Definition of Variety provision so that the number of qualifying food varieties in each staple food category increased.

Summary of Legal Basis:

On May 5, 2017, the Consolidated Appropriation Act of 2017 (the Omnibus) was signed into law. Section 765 of the Omnibus prohibited the USDA from implementing the Definition of “Staple Food” Acceptable Varieties in the Four Staple Food Categories provision (7 CFR 271.2 and 7 CFR 278.1(b)(1)(ii)(C)) and variety as applied in the definition of the term staple food as defined at 7 CFR 271.2 to increase the number of items that qualify as acceptable varieties in each staple food category from the number of items that qualified as acceptable varieties under the 2016 final rule.

Alternatives:

Currently unavailable.

Anticipated Cost and Benefits:

The Department has estimated that the proposed rule will save approximately $16.1 million in fiscal year (FY) 2018 and approximately $22.5 million over five years, FY 2018 through FY 2022. Under the 2016 final rule, the cost to currently authorized small retailers was estimated to average approximately $245 per store in the first year and about $620 over five years (including ongoing costs of less than $100 per year for years after the first). The proposed rule would reduce those costs to about $160 per store in the first year and $500 over five years.

Risks:

NA.

Timetable:

Action

Date

FR Cite

NPRM

11/00/18

Regulatory Flexibility Analysis Required:

No.

Small Entities Affected:

No.

Government Levels Affected:

None.

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

.

Related RIN:

Related to 0584-AE27

RIN:

0584-AE61

USDA—FNS

7. Revision of Categorical Eligibility in the Supplemental Nutrition Assistance Program (SNAP)

Priority:

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

E.O. 13771 Designation:

Regulatory.

Legal Authority:

42 U.S.C. 601; Pub. L. 113-79

CFR Citation:

7 CFR 273.2(j)(2).

Legal Deadline:

None.

Abstract:

Under section 5(a) of the Food and Nutrition Act of 2008, households in which all members receive benefits under a State program funded by the Temporary Assistance to Needy Families (TANF) program are categorically eligible to participate in the Supplemental Nutrition Assistance Program (SNAP). This proposal would change the regulations at 7 CFR 273.2(j)(2) pertaining to categorically eligible TANF households by limiting categorical eligibility to households that receive cash TANF or other substantial assistance from TANF. Categorical eligibility conferred by any non-cash assistance would be limited to substantial ongoing assistance or services, such as child care, that have an eligibility determination process similar to cash TANF. This rule would not alter categorical eligibility for Supplemental Security Income (SSI) households or General Assistance (GA) households.

Statement of Need:

This proposal would change current regulations by limiting categorical eligibility to households that receive cash assistance or other ongoing or substantial assistance from TANF, such as child care, and that have an eligibility determination process similar to cash TANF. These stricter requirements would ensure that categorical eligibility is appropriately targeted toward low-income households most in need while maintaining administrative streamlining across Federal benefits programs.

Summary of Legal Basis:

Currently unavailable.

Alternatives:

Currently unavailable.

Anticipated Cost and Benefits:

Currently unavailable.

Risks:

Currently unavailable.

Timetable:

Action

Date

FR Cite

NPRM

01/00/19

Regulatory Flexibility Analysis Required:

No.

Small Entities Affected:

Governmental Jurisdictions.

Government Levels Affected:

Federal, Local, State.

Agency Contact:

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

Phone:

703 605-0800,

Email:

charles.watford@fns.usda.gov.

RIN:

0584-AE62

USDA—FNS

8. • Reform Provisions for the Supplemental Nutrition Assistance Program's Quality Control System

Priority:

Other Significant. Major status under 5 U.S.C. 801 is undetermined.

Unfunded Mandates:

Undetermined.

E.O. 13771 Designation: Other.

Legal Authority:

7 U.S.C. 2011 to 2036

CFR Citation:

7 CFR 275.

Legal Deadline:

None.

Abstract:

The Department proposes to revise its regulations for various Quality Control (QC) provisions in subpart C of 7 CFR part 275 to reflect numerous changes to the Supplemental Nutrition Assistance Program's (SNAP) Quality Control system. There have been concerns about the SNAP QC process by not only its stakeholders, but FNS as well, primarily due to questions regarding the integrity of State collected error rate data that is used to develop SNAP's national error rates. SNAP has been working diligently for several years to address these concerns and plans to move forward to reform components of its QC process to ensure the integrity of state-reported error rates.

Statement of Need:

The Department proposes to revise regulations for Quality Control (QC) provisions in subpart C of 7 CFR part 275 to reflect numerous changes to the Supplemental Nutrition Assistance Program (SNAP) QC system to improve QC integrity. OIG highlighted need for changes to SNAP QC procedures in a recent audit. These changes can only be made through regulation, not just policy. SNAP has issued an RFI to gather ideas from stakeholders on potential regulation changes to improve integrity and improper payment management.

Summary of Legal Basis:

FNA Section 16(c).

Alternatives:

None. Regulations needed to make significant change to SNAP quality control procedures.

Anticipated Cost and Benefits:

Costs: Currently unavailable. Benefits: Improved integrity and accuracy of SNAP improper payment measurement.

Risks:

NA.

Timetable:

Action

Date

FR Cite

NPRM

03/00/19

Regulatory Flexibility Analysis Required:

No.

Small Entities Affected:

No.

Government Levels Affected:

None.

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-AE64

USDA—FNS

Final Rule Stage

9. 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 final rule will increase flexibility in the Child Nutrition Program requirements related to milk, grains, and sodium effective School Year (SY) 2019-2020, which begins July 1, 2019. This rule is the culmination of an efficient rulemaking process initiated by the Department of Agriculture (USDA) following the Secretary's May 1, 2017, Proclamation affirming USDA's commitment to assist schools in overcoming operational challenges related to the school meals regulations implemented in 2012.

Statement of Need:

This final rule will codify, with some modifications, three menu planning flexibilities established by the interim final rule of the same title published November 30, 2017. By codifying these changes, USDA acknowledges the persistent menu planning challenges experienced by some schools, and affirms its commitment to give schools more control over the food service decisions and greater ability to offer wholesome and appealing meals that reflect local preferences.

Summary of Legal Basis:

The authority for this action is provided by the Richard B. Russell National School Lunch Act, 42 U.S.C. 1758(a)(4), requiring that school meals reflect the latest Dietary Guidelines for Americans.

Alternatives:

NA.

Anticipated Cost and Benefits:

Currently unavailable.

Risks

: NA.

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

Final Action

12/00/18

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)

Final Rule Stage

10. Egg Product Inspection Regulations

Priority:

Other Significant.

E.O. 13771 Designation:

Deregulatory.

Legal Authority:

21 U.S.C. 1031

et seq.

CFR Citation:

9 CFR 590.570; 9 CFR 590.575; 9 CFR 590.146; 9 CFR 590.10; 9 CFR 590.411; 9 CFR 590.502; 9 CFR 590.504; 9 CFR 590.580; 9 CFR 591.

Legal Deadline:

None.

Abstract:

The Food Safety and Inspection Service (FSIS) is proposing to require official egg products plants to develop and implement Hazard Analysis and Critical Control Point (HACCP) Systems and Sanitation Standard Operating Procedures (SOPs), consistent with HACCP and Sanitation SOP requirements in the meat and poultry products inspection regulations. FSIS also is proposing to require egg products plants to produce egg products using a process that will eliminate detectable pathogens from the finished product. Plants would be expected to develop HACCP systems that ensure that pathogens cannot be detected in finished egg products.

In addition, FSIS is proposing to amend the egg products inspection regulations by removing the current requirements for prior approval by FSIS of egg products plant drawings, specifications, and equipment prior to

their use in official plants; providing for the generic labeling of egg products; requiring safe handling labels on shell eggs and egg products; and changing the Agency's interpretation of the requirement for continuous inspection in official plants.

Statement of Need:

The actions being proposed are part of FSIS's regulatory reform effort to better define the roles of Government and the regulated industry, encourage innovations that will improve food safety, remove unnecessary regulatory burdens on inspected egg products plants, and make the egg products regulations as consistent as possible with the Agency's meat and poultry products regulations.

Summary of Legal Basis:

The authority for this action is provided by the Egg Product Inspection Act (21 U.S.C. 1031

et seq.

).

Alternatives:

The Agency considered the following regulatory alternatives for the implementation of government standards (HACCP) and related requirements for the egg products industry: (1) Status quo; (2) Intensify present inspection; (3) Voluntary HACCP regulatory program; (4) Mandatory HACCP regulation with exemption for small businesses; (5) Modified HACCP recording deviations and responses only; (6) Mandatory HACCP, Sanitation SOPs, and lethality performance standards adoption; and implementation of the sixth of these regulatory alternatives, mandatory HACCP, Sanitation SOPS, and lethality performance standards, should achieve immediate reductions in, and an eventual minimization of, foodborne hazards.

Anticipated Cost and Benefits:

Costs to the egg products industry come from the development of Sanitation SOPs and HACCP plans and compliance with the proposed HACCP requirements. FSIS will incur costs to train egg products inspectors (EPIs) to ensure that they can competently perform inspection duties associated with HACCP and Sanitation SOPs at the 77 federally-inspected egg products plants. While EPIs are in training, FSIS will also incur costs to pay for replacement inspectors so that egg products plants can continue to operate.

Potential industry cost reductions from the proposed rule come from generic labeling, and the elimination of certain regulations, waivers, and no objection letters. Under generic labeling, plants do not have to submit certain labels to FSIS for small changes, allowing plants to avoid a 60-day approval process and documentation of submissions for the approval of new labels. In addition, plants receive cost savings from the elimination of outdated regulations. The regulatory requirements in the current system may inefficiently use industry resources. HACCP gives egg products plants the flexibility to decide how they wish to produce product in the manner that is most efficient to them, so that no detectable pathogens remain in the finished product.

Under the current command-and-control based system, FSIS personnel must approve waivers and no objection letters for certain plant activities outside the current regulations and inspection program, personnel assume responsibility for “approving” production-associated decisions. Under HACCP, industry would assume full responsibility for production decisions and execution. FSIS would monitor plants' compliance with the requirement that finished egg products not contain detectable pathogens and within HACCP requirements. This allows industry and the Agency to reduce costs for approving activities and allows for better use of resources.

Risks:

None.

Timetable:

Action

Date

FR Cite

NPRM

02/13/18

83 FR 6314

NPRM Comment Period End

06/13/18

Final Action

05/00/19

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-AC58

USDA—FSIS

11. 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; 9 CFR 309; 9 CFR 310; 9 CFR 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:

The authority for this action is provided by the Federal Meat Inspection Act (21 U.S.C. 601

et seq.

).

Alternatives:

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

Anticipated Cost and Benefits:

The 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

02/01/18

83 FR 4780

NPRM Comment Period End

04/02/18

Final Rule

04/00/19

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)

Prerule Stage

12. Update and Clarification of the Locatable Minerals Regulations

Priority:

Other Significant.

E.O. 13771 Designation:

Other.

Legal Authority:

30 U.S.C. 612

CFR Citation:

36 CFR 228(A).

Legal Deadline:

None.

Abstract:

The Forest Service proposes the amendment of its locatable mineral regulations that better reflect the needs of both the Forest Service and mining industry. By addressing recent issues and remedying existing weakness in current regulations that have been identified, the Forest Service will be in a better position to better implement its mining regulations. The goals of the regulatory revision are (1) to expedite Forest Service review and approval of certain proposed mineral operations authorized by the United States mining laws; (2) to increase consistency with the United States Department of the Interior, Bureau of Land Management (BLM) surface management regulations governing operations authorized by the United States mining laws to assist those who conduct these operations on lands managed by each agency; and (3) to increase the Forest Service's nationwide consistency in regulating mineral operations authorized by the United States mining laws.

Statement of Need:

The Forest Service proposes the amendment of its locatable mineral regulations to better reflect the needs of both the Forest Service and mining industry. By addressing recent issues and remedying existing weakness in current regulations that have been identified, the Forest Service will be in a better position to implement its mining regulations, thus reducing processing timelines and redundancies.

Summary of Legal Basis:

The Mining Law of 1872, as amended, confers a statutory right to enter upon certain National Forest System lands to search for locatable minerals. These rules govern prospecting, exploration, development, mining, and processing operations conducted on National Forest System lands.

Alternatives:

A no action alternative would leave the regulations unchanged, thus maintaining the status-quo.

Anticipated Cost and Benefits:

Not applicable.

Risks:

Not applicable.

Timetable:

Action

Date

FR Cite

ANPRM

09/13/18

83 FR 46451

ANPRM Comment Period End

10/15/18

Regulatory Flexibility Analysis Required:

Undetermined.

Government Levels Affected:

Federal.

Agency Contact:

Ann Goode, Department of Agriculture, Forest Service, 1400 Independence Avenue SW, Washington, DC 20250,

Phone:

202 720-7123,

Email: aegoode@fs.fed.us.

RIN:

0596-AD32

USDA—FS

13. Oil and Gas Resource Revision

Priority:

Other Significant.

E.O. 13771 Designation:

Other.

Legal Authority:

30 U.S.C. 612; 30 U.S.C. 181; 30 U.S.C. 351; 30 U.S.C. 21

CFR Citation:

36 CFR 228(E).

Legal Deadline:

None.

Abstract:

The Forest Service plays a role in the leasing and development of Federally owned oil and natural gas found on National Forest System lands in partnership with the Bureau of Land Management. Updating the regulations will afford an opportunity to modernize and streamline analytical and procedural requirements and help provide a more consist approach to oil and gas management across the National Forest System. The potential changes to the existing regulation permitting sections include eliminating language that is redundant with the NEPA process, removing confusing options, and ensuring better alignment with the BLM regulations. The intent of these potential changes would be to decrease permitting times by removing regulatory burdens that unnecessarily encumber energy production across the National Forest System.

Statement of Need:

The Forest Service plays a role in the leasing and development of federally owned oil and natural gas found on National Forest System lands in partnership with the Bureau of Land Management. Updating the regulations will afford an opportunity to modernize and streamline analytical and procedural requirements and help provide a more consist approach to oil and gas management across the National Forest System.

Summary of Legal Basis:

Forest Service 36 CFR 228(e) regulations are done as a result of the Onshore Oil and Gas Leasing Reform Act of 1987.

Alternatives:

Forest Service 36 CFR 228(e) regulations are done as a result of Onshore Oil and Gas Leasing Reform Act of 1987.

Anticipated Cost and Benefits:

Not applicable.

Risks:

Not applicable.

Timetable:

Action

Date

FR Cite

ANPRM

09/13/18

83 FR 46458

ANPRM Comment Period End

10/15/18

Regulatory Flexibility Analysis Required:

Undetermined.

Government Levels Affected:

Federal.

Agency Contact:

Nicholas Diprofio, Department of Agriculture, Forest Service, 1400 Independence Avenue SW, Washington, DC 20250,

Phone:

202 205-1082,

Email: ndiprofio@fs.fed.us.

RIN:

0596-AD33

USDA—RURAL UTILITIES SERVICE (RUS)

Final Rule Stage

14. Servicing Regulation for the Rural Utilities Service (RUS) Telecommunications Programs

Priority:

Other Significant.

E.O. 13771 Designation:

Fully or Partially Exempt.

Legal Authority:

5 U.S.C. 301; 7 U.S.C. 1981; 16 U.S.C. 1005

CFR Citation:

7 CFR 1782.

Legal Deadline:

None.

Abstract:

The regulation will cover servicing actions associated with the Telecommunications Infrastructure Loan Program, Broadband Access Loan and Loan Guarantee Program, Distance Learning and Telemedicine Program, and Broadband Initiatives Program (hereinafter collectively referred to as the “RUS Telecommunications Programs”).

Statement of Need:

The RUS Telecommunications Programs provide loan funding to build and expand broadband service into unserved and underserved rural communities, along with very limited funding to support the costs to acquire equipment to provide distance learning and telemedicine service. This action will provide servicing actions available for the loan portofolio and will enable the Agency to quickly and consistently address servicing actions and improve customer service.

Summary of Legal Basis:

This action is required by statute, the Agricultural

Act of 2014 amendment to section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb). This section requires the Secretary to establish written procedures for all broadband programs to recover funds from loan defaults.

Alternatives:

The agency considered using other existing RD agency regulations and decided upon combining Telecommunications servicing requirements with the Water Programs servicing regulation. These types of RUS loans are more similar than other RD loan programs.

Anticipated Cost and Benefits:

There are no anticipated costs. The rule will ensure recipients comply with the established objectives and requirements for loans, repaying loans on schedule and acting in accordance with any necessary agreements, ensure serving actions are handled consistently, and protect the financial interest of the Agency.

Risks:

N/A.

Timetable:

Action

Date

FR Cite

Final Rule

06/00/19

Regulatory Flexibility Analysis Required:

No.

Government Levels Affected:

None.

Agency Contact:

Thomas P. Dickson, Department of Agriculture, Rural Utilities Service, 1400 Independence Avenue SW, Washington, DC 20250,

Phone:

202 690-4492,

Email: thomas.dickson@wdc.usda.gov.

RIN:

0572-AC41

USDA—RUS

15. • OnerD Guaranteed Loan Regulation

Priority:

Other Significant. Major status under 5 U.S.C. 801 is undetermined.

E.O. 13771 Designation:

Fully or Partially Exempt.

Legal Authority:

Not Yet Determined

CFR Citation:

Not Yet Determined.

Legal Deadline:

None.

Abstract:

Rural Development proposes to combine into a single regulation its four guaranteed loan programs: (1) Water and Waste Disposal, (2) Community Facilities, (3) Business and Industry, and (4) Rural Energy for America. The new regulation will encompass the policies and procedures for guaranteed loan making and servicing, lender reporting, and program monitoring. The proposed action will enable Rural Development to simplify, improve, and enhance the delivery of these four guaranteed loan programs, and better manage the risks inherent with making and servicing guaranteed loans and will result in an improved customer experience for lenders trying to access these programs. This new structure will also make it more efficient and faster to promulgate regulations associated with amending existing programs or incorporating newly authorized programs in the future.

Statement of Need:

Rural Development is combining its four guaranteed loan programs: (1) Water and Waste Disposal; (2) Community Facilities; (3) Business and Industry; and (4) Rural Energy for America into a single regulation. The new regulation will encompass the policies and procedures for guaranteed loan making and servicing, lender reporting, and program monitoring. The proposed action is expected to involve a few substantive policy changes in order to achieve consistency across the included programs and better customer experience for lenders trying to access these programs.

Summary of Legal Basis:

This regulatory action is not required by statute or court order; however, the underlying statutes authorizing these policies are the Consolidated Farm and Rural Development Act, 7 U.S.C. 1921 Establishing a Performance Standard for Authorizing the Importation and Interstate Movement of Fruits and Vegetables (0579-AD71); Concluded 8/24/2018 and 9007 of the 2002 Farm Bill as amended, 7 U.S.C. 8107.

Alternatives:

The alternative is to continue operating under the current existing four regulations for these programs.

Anticipated Cost and Benefits:

At this time an estimated cost is not known. The proposed action is expected to reflect current program policy and produce the same policy results, but in a more effective manner. Anticipated benefits include:

• Improve quality customer experience by streamlining and consolidating similar guaranteed loan programs into a client-driven consolidated regulation.

• Advance economic development and access to capital by reducing regulatory complexities and redundancies.

• Improve operational efficiencies and cross-program coordination (oneRD) by enabling staff to learn all RD guaranteed loan programs using one regulation

• Enable RD to integrate innovation in the delivery of loan guarantees and align with industry lending practices

• Create a regulation that paves the way for modern processing and servicing to improve portfolio management

Risks:

N/A.

Timetable:

Action

Date

FR Cite

Final Rule

05/00/19

Regulatory Flexibility Analysis Required:

Undetermined.

Government Levels Affected:

None.

Agency Contact:

Thomas P. Dickson, Department of Agriculture, Rural Utilities Service, 1400 Independence Avenue SW, Washington, DC 20250,

Phone:

202 690-4492,

Email: thomas.dickson@wdc.usda.gov.

RIN:

0572-AC43

BILLING CODE 3410-90-P

DEPARTMENT OF COMMERCE (DOC)

Statement of Regulatory and Deregulatory Priorities

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

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

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

□ Innovate by creating new ideas through cutting-edge science and technology from advances in

nanotechnology, to ocean exploration, to broadband deployment, and by protecting American innovations through the patent and trademark system;

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

□ Maintain U.S. economic competitiveness in the global marketplace by promoting exports, ensuring a level playing field for U.S. businesses, and ensuring that technology transfer is consistent with our nation's economic and security interests;

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

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

Commerce is a vital resource base, a tireless advocate, and Cabinet-level voice for job creation. The Regulatory Plan tracks the most important regulations that implement these policy and program priorities, 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 Commerce's programs and activities do not involve regulation. Of Commerce's 12 primary operating units, only three bureaus will be planning actions that are considered the “most important” significant pre-regulatory or regulatory actions for FY 2019. During the next year, the National Oceanic and Atmospheric Administration (NOAA) plans to publish five rulemaking actions that are designated as Regulatory Plan actions. The Bureau of Industry and Security (BIS) and the United States Patent and Trademark Office will each publish one rulemaking action 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 unde

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