# Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2018 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2018-24084 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** November 16, 2018 - **Citation:** 83 FR 57804 ## Text 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 co [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2018-24084. Public record. Not legal advice.