# Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2022 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2023-02113 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** February 22, 2023 - **Citation:** 88 FR 10966 ## Text REGULATORY INFORMATION SERVICE CENTER Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions—Fall 2022 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 Fall 2022 Unified Agenda of Federal Regulatory and Deregulatory Actions represents a key component of the regulatory planning mechanism prescribed in Executive Order (“E.O.”) 12866, “Regulatory Planning and Review,” (58 FR 51735) and reaffirmed in E.O. 13563, “Improving Regulation and Regulatory Review,” (76 FR 3821). The Regulatory Flexibility Act requires that agencies publish semiannual regulatory agendas in the Federal Register describing regulatory actions they are developing that may have a significant economic impact on a substantial number of 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 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 2022 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 2022 Unified Agenda contains the Regulatory Plans of 29 Federal agencies and 67 Federal agency regulatory agendas. ADDRESSES: Regulatory Information Service Center (MV), General Services Administration, 1800 F Street NW, 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: Boris Arratia, Director, Regulatory Information Service Center (MV), General Services Administration, 1800 F Street NW, Washington, DC 20405, 703-795-0816. 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 2022 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 Corporation for National and Community Service Environmental Protection Agency General Services Administration National Aeronautics and Space Administration National Archives and Records Administration National Science Foundation Office of Personnel Management Pension Benefit Guaranty Corporation Small Business Administration Social Security Administration Department of Defense/General Services Administration/National Aeronautics and Space Administration (Federal Acquisition Regulation) Independent Regulatory Agencies Consumer Product Safety Commission Federal Trade Commission National Indian Gaming Commission Nuclear Regulatory Commission Regulatory Flexibility Agendas Cabinet Departments Department of Agriculture Department of Commerce Department of Defense Department of Education Department of Energy Department of Health and Human Services Department of Homeland Security Department of the Interior Department of Justice Department of Labor Department of Transportation Department of the Treasury Other Executive Agencies Environmental Protection Agency General Services Administration Office of Personnel Management Small Business Administration Joint Authority Department of Defense/General Services Administration/National Aeronautics and Space Administration (Federal Acquisition Regulation) Independent Regulatory Agencies 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 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; and (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 29 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 www.reginfo.gov . The online Unified Agenda offers flexible search tools and access to the historic Unified Agenda database to1995. The complete online edition of the Unified Agenda includes regulatory agendas from 65 Federal agencies. Agencies of the United States Congress are not included. The Fall 2022 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://reginfo.gov . The regulatory agendas for agencies not publishing Regulatory flexibility agendas are available to the public at http://reginfo.gov . Cabinet Departments Department of Housing and Urban Development* Department of State Department of Veterans Affairs* Other Executive Agencies Agency for International Development Architectural and Transportation Barriers Compliance Board Committee for Purchase From People Who Are Blind or Severely Disabled 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 Federal Mediation Conciliation Service Institute of Museum and Library Services Inter-American Foundation National Aeronautics and Space Administration* National Archives and Records Administration* National Endowment for the Arts National Endowment for the Humanities National Mediation Board National Science Foundation* Office of Government Ethics Office of the Intellectual Property Enforcement Coordinator Office of Management and Budget Office of National Drug Control Policy Peace Corps Pension Benefit Guaranty Corporation* Railroad Retirement Board* Social Security Administration* U.S. Agency for Global Media U.S. Commission on Civil Rights Independent Agencies Commodity Futures Trading Commission Farm Credit Administration Federal Deposit Insurance Corporation Federal Energy Regulatory Commission Federal Housing Finance Agency Federal Maritime Commission Federal Mine Safety and Health Review Commission Federal Permitting Improvement Steering Council Federal Trade Commission* 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 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. 6. 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 www.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. 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, 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. Legal Authority —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. 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 Publishing 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 www.reginfo.gov , along with flexible search tools. The Government Publishing Office's GPO GovInfo website contains copies of the Agendas and Regulatory Plans that have been printed in the Federal Register . These documents are available at www.govinfo.gov . Dated: December 20, 2022. Boris Arratia, Director. Introduction to the Fall 2022 Regulatory Plan Executive Order 12866, issued in 1993, requires the annual production of a Unified Regulatory Agenda and Regulatory Plan. It does so in order to promote transparency—or in the words of the Executive Order itself, “to have an effective regulatory program, to provide for coordination of regulations, to maximize consultation and the resolution of potential conflicts at an early stage, to involve the public and its State, local, and tribal officials in regulatory planning, and to ensure that new or revised regulations promote the President's priorities and the principles set forth in this Executive order.” The requirements of Executive Order 12866 were reaffirmed in Executive Order 13563, issued in 2011. We are now providing the Fall 2022 Regulatory Plan. The regulatory plans and agendas submitted by agencies and included here offer a window into how the Administration plans to continue delivering on the President's agenda to advance economic prosperity and equity, tackle the climate crisis, advance public health, and much more to improve the lives of the American people. Agencies will also be continuing their work to implement landmark new legislation passed in 2022, including the implementation of the PACT Act, (Pub. L. 117-168); the Inflation Reduction Act, (Pub. L. 117-169); and the CHIPS and Science Act, (Pub. L. 117-167); as well as ongoing efforts to implement the Infrastructure Investment and Jobs Act (Bipartisan Infrastructure Law), Pub. L. 117-58. Department of Agriculture Sequence No. Title Regulation Identifier No. Rulemaking stage 1 Unfair Practices, Undue Preferences, and Harm to Competition Under the Packers and Stockyards Act (AMS-FTPP-21-0046) 0581-AE04 Proposed Rule. 2 Inclusive Competition and Market Integrity Under the Packers and Stockyards Act (AMS-FTPP-21-0045) 0581-AE05 Proposed Rule. 3 Poultry Growing Tournament Systems: Fairness and Related Concerns—Harm to Competition (AMS-FTPP-22-0046) 0581-AE18 Proposed Rule. 4 Transparency in Poultry Grower Contracting and Tournaments (AMS-FTPP-21-0044) 0581-AE03 Final Rule. 5 Organic Livestock and Poultry Standards (AMS-NOP-21-0073) 0581-AE06 Final Rule. 6 Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Revisions in the WIC Food Packages 0584-AE82 Proposed Rule. 7 Child Nutrition Programs: Revisions to Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans 0584-AE88 Proposed Rule. 8 Community Eligibility Provision: Increasing Options for Schools 0584-AE93 Proposed Rule. 9 Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Implementation of the Access to Baby Formula Act of 2022 and Related Provisions 0584-AE94 Final Rule. 10 Voluntary Labeling of Products With “Product of USA” and Similar Statements 0583-AD87 Proposed Rule. 11 Labeling of Meat and Poultry Products Made Using Animal Cell Culture Technology 0583-AD89 Proposed Rule. 12 Revision of the Nutrition Facts Panels for Meat and Poultry Products and Updating Certain Reference Amounts Customarily Consumed 0583-AD56 Final Rule. 13 Prior Label Approval System: Expansion of Generic Label Approval 0583-AD78 Final Rule. Department of Commerce Sequence No. Title Regulation Identifier No. Rulemaking stage 14 Section 1758 Technologies: Proposed Controls; Request for Comments 0694-AH80 Proposed Rule. 15 The Imposition of Emerging Technology Export Controls on Instruments for the Automated Chemical Synthesis of Peptides 0694-AI84 Proposed Rule. 16 Updates to Bayh-Dole Implementing Regulations 0693-AB66 Final Rule. 17 Illegal, Unreported, and Unregulated Fishing; Fisheries Enforcement; High Seas Driftnet Fishing Moratorium Protection Act (Reg Plan Seq No. 17) 0648-BG11 Final Rule. 18 Amendments to the North Atlantic Right Whale Vessel Strike Reduction Rule 0648-BI88 Final Rule. 19 Setting and Adjusting Trademark Fees 0651-AD65 Proposed Rule. Department of Defense Sequence No. Title Regulation Identifier No. Rulemaking stage 20 Department of Defense (DoD)-Defense Industrial Base (DIB) Cybersecurity (CS) Activities 0790-AK86 Proposed Rule. 21 Cybersecurity Maturity Model Certification (CMMC) Program 0790-AL49 Proposed Rule. 22 Nondiscrimination on the Basis of Disability in Programs or Activities Assisted or Conducted by the DoD and in Equal Access to Information and Communication Technology Used by DoD 0790-AJ04 Final Rule. 23 Definitions of Gold Star Family and Gold Star Survivor 0790-AL56 Final Rule. 24 Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019-D041) 0750-AK81 Proposed Rule. 25 Small Business Innovation Research Program Data Rights (DFARS Case 2019-D043) 0750-AK84 Proposed Rule. 26 Defense Commercial Solutions Opening (DFARS Case 2022-D006) 0750-AL57 Proposed Rule. 27 Modification of Prize Authority For Advanced Technology Achievements (DFARS Case 2022-D014) 0750-AL65 Proposed Rule. 28 DFARS Buy American Act Requirements (DFARS Case 2022-D019) 0750-AL74 Proposed Rule. 29 Past Performance of Subcontractors and Joint Venture Partners (DFARS Case 2018-D055) 0750-AK16 Final Rule. 30 Restriction on Acquisition of Personal Protective Equipment and Certain Items From Non-Allied Foreign Nations (DFARS Case 2022-D009) 0750-AL60 Final Rule. 31 Natural Disaster Procedures: Preparedness, Response, and Recovery Activities of the Corps of Engineers 0710-AA78 Proposed Rule. 32 Policy and Procedures for Processing Requests to Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408 0710-AB22 Proposed Rule. 33 Flood Control Cost-Sharing Requirements Under the Ability to Pay Provision 0710-AB34 Proposed Rule. 34 USACE Implementing Procedures for Principles, Requirements, and Guidelines Applicable to Actions Involving Investment in Water Resources 0710-AB41 Proposed Rule. 35 Appendix C Procedures for the Protection of Historic Properties 0710-AB46 Proposed Rule. 36 Revised Definition of “Waters of the United States”—Rule 2 0710-AB47 Proposed Rule. 37 Credit Assistance for Water Resources Infrastructure Projects 0710-AB31 Final Rule. 38 Revised Definition of “Waters of the United States”—Rule 1 0710-AB40 Final Rule. 39 TRICARE Reimbursement of Ambulatory Surgery Centers and Outpatient Services Provided in Cancer and Children's Hospitals 0720-AB73 Final Rule. 40 TRICARE Coverage of National Institute of Allergy and Infectious Disease Coronavirus Disease 2019 Clinical Trials 0720-AB83 Final Rule. 41 Expanding TRICARE Access to Care in Response to the COVID-19 Pandemic 0720-AB85 Final Rule. 42 Collection From Third Party Payers of Reasonable Charges for Healthcare Services; Amendment 0720-AB87 Final Rule. Department of Education Sequence No. Title Regulation Identifier No. Rulemaking stage 43 Nondiscrimination on the Basis of Sex in Athletics Education Programs or Activities Receiving Federal Financial Assistance 1870-AA19 Proposed Rule. 44 Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance 1870-AA16 Final Rule. 45 Gainful Employment 1840-AD57 Proposed Rule. 46 Improving Income Driven Repayment 1840-AD81 Proposed Rule. Department of Energy Sequence No. Title Regulation Identifier No. Rulemaking stage 47 Clean Energy Rule for New Federal Buildings and Major Renovations 1904-AB96 Proposed Rule. 48 Energy Conservation Standards for Residential Non-Weatherized Gas Furnaces and Mobile Home Gas Furnaces 1904-AD20 Final Rule. 49 Loan Guarantees for Clean Energy Projects 1901-AB59 Final Rule. Department of Health and Human Services Sequence No. Title Regulation Identifier No. Rulemaking stage 50 Amendments to Civil Monetary Penalty Law Regarding Grants, Contracts, and Information Blocking 0936-AA09 Final Rule. 51 Rulemaking on Discrimination on the Basis of Disability in Health and Human Services Programs or Activities 0945-AA15 Proposed Rule. 52 Nondiscrimination in Health Programs and Activities 0945-AA17 Final Rule. 53 ONC Health IT Certification Program Updates, Health Information Network Attestation Process for the Trusted Exchange Framework and Common Agreement, and Enhancements to Support Information Sharing 0955-AA03 Proposed Rule. 54 Establishment of Disincentives for Health Care Providers who Have Committed Information Blocking 0955-AA05 Proposed Rule. 55 Patient Engagement, Information Sharing, and Public Health Interoperability 0955-AA06 Proposed Rule. 56 Medications for the Treatment of Opioid Use Disorder 0930-AA39 Proposed Rule. 57 Control of Communicable Diseases; Foreign Quarantine 0920-AA75 Final Rule. 58 World Trade Center Health Program; Addition of Uterine Cancer to the List of WTC-Related Health Conditions 0920-AA81 Final Rule. 59 Biologics Regulation Modernization 0910-AI14 Proposed Rule. 60 Certifications Concerning Imported Foods 0910-AI66 Proposed Rule. 61 Use of Salt Substitutes to Reduce the Sodium Content in Standardized Foods 0910-AI72 Proposed Rule. 62 Tobacco Product Standard for Nicotine Level of Certain Tobacco Products 0910-AI76 Proposed Rule. 63 Mammography Quality Standards Act 0910-AH04 Final Rule. 64 Nonprescription Drug Product With an Additional Condition for Nonprescription Use 0910-AH62 Final Rule. 65 Tobacco Product Standard for Characterizing Flavors in Cigars 0910-AI28 Final Rule. 66 Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption Relating to Agricultural Water 0910-AI49 Final Rule. 67 Tobacco Product Standard for Menthol in Cigarettes 0910-AI60 Final Rule. 68 Provider Nondiscrimination Requirements for Group Health Plans and Health Insurance Issuers in the Group and Individual Markets (CMS-9910) 0938-AU64 Proposed Rule. 69 Short-Term Limited Duration Insurance; Update (CMS-9904) 0938-AU67 Proposed Rule. 70 Assuring Access to Medicaid Services (CMS-2442) 0938-AU68 Proposed Rule. 71 Transitional Coverage for Emerging Technologies (CMS-3421) 0938-AU86 Proposed Rule. 72 Interoperability and Prior Authorization for MA Organizations, Medicaid and CHIP Managed Care and State Agencies, FFE QHP Issuers, MIPS Eligible Clinicians, Eligible Hospitals and CAHs (CMS-0057) 0938-AU87 Proposed Rule. 73 Medicare and Medicaid Program Integrity (CMS-6084) 0938-AU90 Proposed Rule. 74 Culturally Competent and Person-Centered Requirements to Increase Access to Care and Improve Quality for All (CMS-3418) 0938-AU91 Proposed Rule. 75 Mental Health Parity and Addiction Equity Act and the Consolidated Appropriations Act, 2021 (CMS-9902) 0938-AU93 Proposed Rule. 76 Coverage of Certain Preventive Services Under the Affordable Care Act (CMS-9903) 0938-AU94 Proposed Rule. 77 Contract Year 2024 Changes to the Medicare Advantage, Medicare Prescription Drug Benefit, Medicare Cost Plan Programs, Medicare Overpayment Provisions of the Affordable Care Act, and PACE (CMS-4201) 0938-AU96 Proposed Rule. 78 FY 2024 Skilled Nursing Facility (SNFs) Prospective Payment System and Consolidated Billing and Updates to the Value-Based Purchasing and Quality Reporting Programs (CMS-1779) 0938-AV02 Proposed Rule. 79 Streamlining the Medicaid and CHIP Application, Eligibility Determination, Enrollment, and Renewal Processes (CMS-2421) 0938-AU00 Final Rule. 80 Foster Care Legal Representation 0970-AC89 Proposed Rule. 81 Separate Licensing Standards for Relative or Kinship Foster Family Homes 0970-AC91 Proposed Rule. 82 Unaccompanied Children Program Foundational Rule 0970-AC93 Proposed Rule. 83 Federal Licensing of Office of Refugee Resettlement Facilities 0970-AC94 Proposed Rule. 84 Strengthening TANF as a Safety Net and Work Program 0970-AC97 Proposed Rule. 85 Adoption and Foster Care Analysis and Reporting System (AFCARS) 0970-AC98 Proposed Rule. 86 Modification of the Tribal Non-Federal Share Requirement 0970-AC99 Proposed Rule. 87 ANA Non-Federal Share Emergency Waivers 0970-AC88 Final Rule. 88 Older Americans Act, Titles III, VI, and VII 0985-AA17 Proposed Rule. 89 Adult Protective Services Functions and Grant Programs 0985-AA18 Proposed Rule. Department of Homeland Security Sequence No. Title Regulation Identifier No. Rulemaking stage 90 Victims of Qualifying Criminal Activities; Eligibility Requirements for U Nonimmigrant Status and Adjustment of Status 1615-AA67 Proposed Rule. 91 Improving the Regulations Governing the Adjustment of Status to Lawful Permanent Residence and Related Immigration Benefits 1615-AC22 Proposed Rule. 92 Particular Social Group and Related Definitions and Interpretations for Asylum and Withholding of Removal 1615-AC65 Proposed Rule. 93 U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements 1615-AC68 Proposed Rule. 94 Bars to Asylum Eligibility and Related Procedures 1615-AC69 Proposed Rule. 95 Modernization and Reform of the H-2 Programs 1615-AC76 Proposed Rule. 96 Citizenship and Naturalization and Other Related Flexibilities 1615-AC80 Proposed Rule. 97 Relief Under the Violence Against Women Act of 1994 and Subsequent Legislation 1615-AC81 Proposed Rule. 98 Security Bars and Processing 1615-AC57 Final Rule. 99 Cybersecurity in the Marine Transportation System 1625-AC77 Proposed Rule. 100 MARPOL Annex VI; Prevention of Air Pollution From Ships 1625-AC78 Proposed Rule. 101 Advance Passenger Information System: Electronic Validation of Travel Documents 1651-AB43 Proposed Rule. 102 Enhancing Surface Cyber Risk Management 1652-AA74 Prerule. 103 Vetting of Certain Surface Transportation Employees 1652-AA69 Proposed Rule. 104 Amending Vetting Requirements for Employees With Access to a Security Identification Display Area (SIDA) 1652-AA70 Proposed Rule. 105 Flight Training Security Program 1652-AA35 Final Rule. 106 Immigration Bond Notifications and Electronic Service 1653-AA85 Final Rule. 107 Optional Alternative to the Physical Examination Associated With Employment Eligibility Verification (Form I-9) 1653-AA86 Final Rule. 108 National Flood Insurance Program: Standard Flood Insurance Policy, Homeowner Flood Form 1660-AB06 Proposed Rule. 109 Individual Assistance Program Equity 1660-AB07 Proposed Rule. 110 Update of FEMA's Public Assistance Regulations 1660-AB09 Proposed Rule. 111 Updates to Floodplain Management and Protection of Wetlands Regulations 1660-AB12 Proposed Rule. 112 National Flood Insurance Program's Floodplain Management Standards for Land Management & Use, & an Assessment of the Program's Impact on Threatened and Endangered Species & Their Habitats 1660-AB11 Long-Term Action. 113 Ammonium Nitrate Security Program 1670-AA00 Proposed Rule. 114 Chemical Facility Anti-Terrorism Standards (CFATS) 1670-AA01 Proposed Rule. Department of Housing and Urban Development Sequence No. Title Regulation Identifier No. Rulemaking stage 115 24 CFR 5, 92, 93, 200, 247, 574, 576 578 Violence Against Women Act Reauthorization Act of 2022: Compliance in HUD Housing Programs (FR-6319) 2501-AE05 Proposed Rule. 116 24 CFR 50 Floodplain Management and Protection of Wetlands (FR-6272) 2506-AC54 Proposed Rule. Department of Interior Sequence No. Title Regulation Identifier No. Rulemaking stage 117 Onshore Oil and Gas Operations—Annual Civil Penalties Inflation Adjustments 1004-AE91 Final Rule. Department of Justice Sequence No. Title Regulation Identifier No. Rulemaking stage 118 Home Confinement Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act 1120-AB79 Final Rule. 119 Implementation of the ADA Amendments Act of 2008: Federally Conducted (Section 504 of the Rehabilitation Act of 1973) 1190-AA73 Proposed Rule. 120 Nondiscrimination on the Basis of Disability by State and Local Governments: Medical Diagnostic Equipment 1190-AA78 Proposed Rule. 121 Nondiscrimination on the Basis of Disability: Accessibility of Web Information and Services of State and Local Governments 1190-AA79 Proposed Rule. 122 Nondiscrimination on the Basis of Disability by State and Local Governments; Public Right-of-Way 1190-AA77 Long-Term Action. 123 Medications to Prevent Narcotic Opioid Withdrawal Symptoms 1117-AB73 Proposed Rule. 124 Expansion of Induction of Buprenorphine via Telemedicine Encounter 1117-AB78 Proposed Rule. 125 Bars to Asylum Eligibility and Related Procedures 1125-AB12 Proposed Rule. 126 Particular Social Group and Related Definitions and Interpretations for Asylum and Withholding of Removal 1125-AB13 Proposed Rule. 127 Procedures for Asylum and Withholding of Removal 1125-AB15 Proposed Rule. 128 Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure 1125-AB18 Proposed Rule. 129 Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal and CAT Protection Claims by Asylum Officers 1125-AB20 Final Rule. Sequence No. Title Regulation Identifier No. Rulemaking stage 130 Final Action on Proposal to Rescind Implementing Legal Requirements Regarding the Equal Opportunity Clause's Religious Exemption 1250-AA09 Final Rule. 131 Pre-enforcement Notice and Conciliation Procedures 1250-AA14 Final Rule. 132 Form LM-10 Employer Report 1245-AA13 Final Rule. 133 Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees 1235-AA39 Proposed Rule. 134 Nondisplacement of Qualified Workers Under Service Contracts 1235-AA42 Proposed Rule. 135 Updating the Davis-Bacon and Related Acts Regulations 1235-AA40 Final Rule. 136 Wagner-Peyser Act Staffing 1205-AC02 Final Rule. 137 Definition of the Term “Fiduciary” 1210-AC02 Proposed Rule. 138 Mental Health Parity and Addiction Equity Act and the Consolidated Appropriations Act, 2021 1210-AC11 Proposed Rule. 139 Respirable Crystalline Silica 1219-AB36 Proposed Rule. 140 Safety Program for Surface Mobile Equipment 1219-AB91 Final Rule. 141 Prevention of Workplace Violence in Health Care and Social Assistance 1218-AD08 Prerule. 142 Heat Illness Prevention in Outdoor and Indoor Work Settings 1218-AD39 Prerule. 143 Infectious Diseases 1218-AC46 Proposed Rule. 144 Occupational Exposure to COVID-19 in Healthcare Settings 1218-AD36 Final Rule. Department of Transportation Sequence No. Title Regulation Identifier No. Rulemaking stage 145 +Enhancing Transparency of Airline Ancillary Service Fees 2105-AF10 Proposed Rule. 146 +Accessible Lavatories on Single-Aisle Aircraft: Part II 2105-AE89 Final Rule. 147 +Safety Management System for Parts 21, 91, 135 and 145 2120-AL60 Proposed Rule. 148 +National Electric Vehicle Infrastructure Formula Program 2125-AG10 Final Rule. 149 +Heavy Vehicle Automatic Emergency Braking 2127-AM36 Proposed Rule. 150 +Light Vehicle Automatic Emergency Braking (AEB) with Pedestrian AEB 2127-AM37 Proposed Rule. 151 +Fuel Efficiency and Greenhouse Gas Standards for Medium- and Heavy-Duty Engines and Vehicles 2127-AM39 Proposed Rule. 152 +Light Vehicle CAFE Standards Beyond MY 2026 2127-AM55 Proposed Rule. 153 +Train Crew Staffing 2130-AC88 Proposed Rule. 154 +Pipeline Safety: Class Location Requirements 2137-AF29 Final Rule. Department of Veterans Affairs Sequence No. Title Regulation Identifier No. Rulemaking stage 155 Updating VA Adjudication Regulations for Disability or Death Benefit Claims Related to Herbicide Exposure 2900-AR10 Proposed Rule. 156 Pilot Veterans Services Organization Complementary and Integrative Health Self-Care Well-Being Center Grant Program 2900-AR60 Proposed Rule. 157 Expanded Burial Benefits 2900-AR69 Proposed Rule. 158 Updating VA Adjudication Regulations for Disability or Death Benefits Based on Toxic Exposure 2900-AR75 Proposed Rule. 159 Reevaluation of Claims for Dependency and Indemnity Compensation Based on Public Law 117-168 2900-AR76 Proposed Rule. 160 Authorization of Electronic Notice in Claims Under Laws Administered by the Secretary of Veterans Affairs 2900-AR77 Proposed Rule. 161 Modifying Copayments for Veterans at High Risk for Suicide 2900-AQ30 Final Rule. 162 Home Visits in Program of Comprehensive Assistance for Family Caregivers During COVID-19 National Emergency 2900-AQ96 Final Rule. 163 Staff Sergeant Parker Gordon Fox Suicide Prevention Grant Program 2900-AR16 Final Rule. 164 Copayment Exemption for Indian Veterans 2900-AR48 Final Rule. 165 Technical Revisions to Expand Health Care for Certain Toxic Exposure and Overseas Contingency Service 2900-AR73 Final Rule. 166 Procedural Updates for the PACT Act 2900-AR74 Final Rule. Environmental Protection Agency Sequence No. Title Regulation Identifier No. Rulemaking stage 167 Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under Subsection (h) of the American Innovation and Manufacturing Act of 2020 2060-AV84 Prerule. 168 PFAS-Related Designations as CERCLA Hazardous Substances 2050-AH25 Prerule. 169 National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Commercial Sterilization and Fumigation Operations 2060-AU37 Proposed Rule. 170 Amendments to the NSPS for GHG Emissions From New, Modified, & Reconstructed Stationary Sources: EGUs 2060-AV09 Proposed Rule. 171 Emission Guidelines for Greenhouse Gas Emissions From Fossil Fuel-Fired Existing Electric Generating Units 2060-AV10 Proposed Rule. 172 Volume Requirements for 2023 and Beyond Under the Renewable Fuel Standard Program 2060-AV14 Proposed Rule. 173 New Source Performance Standards and Emission Guidelines for Crude Oil and Natural Gas Facilities: Climate Review 2060-AV16 Proposed Rule. 174 Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act 2060-AV20 Proposed Rule. 175 Revisions to the Air Emission Reporting Requirements (AERR) 2060-AV41 Proposed Rule. 176 Phasedown of Hydrofluorocarbons: Allowance Allocation Methodology for 2024 and Later Years 2060-AV45 Proposed Rule. 177 Restrictions on Certain Uses of Hydrofluorocarbons Under Subsection (i) of the American Innovation and Manufacturing Act 2060-AV46 Proposed Rule. 178 Implementing Regulations Under 40 CFR Part 60 Subpart Ba Adoption and Submittal of State Plans for Designated Facilities 2060-AV48 Proposed Rule. 179 Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles 2060-AV49 Proposed Rule. 180 Reconsideration of the National Ambient Air Quality Standards for Particulate Matter 2060-AV52 Proposed Rule. 181 NESHAP: Coal-and Oil-Fired Electric Utility Steam Generating Units-Review of the Residual Risk and Technology Review 2060-AV53 Proposed Rule. 182 Methane Emissions and Waste Reduction Incentive Program and Revisions to the Mandatory Greenhouse Gas Reporting Rule for Petroleum and Natural Gas Systems 2060-AV83 Proposed Rule. 183 Fees for the Administration of the Toxic Substances Control Act (TSCA) 2070-AK64 Proposed Rule. 184 Methylene Chloride; Rulemaking Under Section 6(a) of the Toxic Substances Control Act (TSCA) 2070-AK70 Proposed Rule. 185 1-Bromopropane; Rulemaking Under Section 6(a) of the Toxic Substances Control Act (TSCA) 2070-AK73 Proposed Rule. 186 Carbon Tetrachloride; Rulemaking Under Section 6(a) of the Toxic Substances Control Act (TSCA) 2070-AK82 Proposed Rule. 187 Trichloroethylene; Rulemaking Under Section 6(a) of the Toxic Substances Control Act (TSCA) 2070-AK83 Proposed Rule. 188 Perchloroethylene; Rulemaking Under Section 6(a) of the Toxic Substances Control Act (TSCA) 2070-AK84 Proposed Rule. 189 N-Methylpyrrolidone; Rulemaking Under Section 6(a) of the Toxic Substances Control Act (TSCA) 2070-AK85 Proposed Rule. 190 Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act (TSCA) 2070-AK90 Proposed Rule. 191 Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post Abatement Clearance Levels 2070-AK91 Proposed Rule. 192 Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Legacy Surface Impoundments 2050-AH14 Proposed Rule. 193 Revisions to Standards for the Open Burning/Open Detonation of Waste Explosives 2050-AH24 Proposed Rule. 194 Listing of PFOA, PFOS, PFBS, and GenX as Resource Conservation and Recovery Act (RCRA) Hazardous Constituents 2050-AH26 Proposed Rule. 195 Definition of Hazardous Waste Applicable to Corrective Action for Solid Waste Management Units 2050-AH27 Proposed Rule. 196 Reporting Requirements for Emissions From Animal Waste Under the Emergency Planning and Community Right-to-Know Act 2050-AH28 Proposed Rule. 197 Federal Baseline Water Quality Standards for Indian Reservations 2040-AF62 Proposed Rule. 198 Revised Definition of “Waters of the United States” 2040-AG13 Proposed Rule. 199 National Primary Drinking Water Regulations for Lead and Copper: Improvements (LCRI) ( 2040-AG16 Proposed Rule. 200 Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights 2040-AG17 Proposed Rule. 201 Per- and Polyfluoroalkyl Substances (PFAS) National Primary Drinking Water Regulation Rulemaking 2040-AG18 Proposed Rule. 202 Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category 2040-AG23 Proposed Rule. 203 Control of Air Pollution From New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards 2060-AU41 Final Rule. 204 NESHAP: Coal- and Oil-Fired Electric Utility Steam Generating Units-Revocation of the 2020 Reconsideration, and Affirmation of the Appropriate and Necessary Supplemental Finding 2060-AV12 Final Rule. 205 Pesticides; Exemptions of Certain Plant-Incorporated Protectants (PIPs) Derived From Newer Technologies 2070-AK54 Final Rule. 206 Asbestos Part 1: Chrysotile Asbestos; Regulation of Certain Conditions of Use Under Section 6(a) of the Toxic Substances Control Act (TSCA) 2070-AK86 Final Rule. 207 Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Federal CCR Permit Program 2050-AH07 Final Rule. 208 Hazardous and Solid Waste Management System: Disposal of CCR; A Holistic Approach to Closure Part B: Implementation of Closure 2050-AH18 Final Rule. 209 Accidental Release Prevention Requirements: Risk Management Program Under the Clean Air Act; Safer Communities by Chemical Accident Prevention 2050-AH22 Final Rule. 210 Clean Water Act Section 401: Water Quality Certification 2040-AG12 Final Rule. 211 Revised Definition of “Waters of the United States” 2040-AG19 Final Rule. Office of Personnel Management Sequence No. Title Regulation Identifier No. Rulemaking stage 212 Postal Service Health Benefits Program 3206-AO43 Final Rule. Pension Benefit Guaranty Corporation Sequence No. Title Regulation Identifier No. Rulemaking stage 213 Actuarial Assumptions for Determining an Employer's Withdrawal Liability 1212-AB54 Proposed Rule. 214 Special Financial Assistance by PBGC 1212-AB53 Final Rule. Social Security Administration Sequence No. Title Regulation Identifier No. Rulemaking stage 215 Use of Electronic Payroll Data To Improve Program Administration 0960-AH88 Proposed Rule. 216 Omitting Food From In-Kind Support and Maintenance Calculations 0960-AI60 Proposed Rule. 217 Social Security Number Use in Government Records 0960-AI80 Proposed Rule. 218 Revised Medical Criteria for Evaluating Digestive Disorders and Skin Disorders 0960-AG65 Proposed Rule. Consumer Product Safety Commission Sequence No. Title Regulation Identifier No. Rulemaking stage 219 Regulatory Options for Table Saws 3041-AC31 Final Rule. 220 Petition for Rulemaking to Eliminate Accessible Cords on Window Covering Products 3041-AD31 Final Rule. 221 Furniture Tip Overs: Clothing Storage Units 3041-AD65 Final Rule. Nuclear Regulatory Commission Sequence No. Title Regulation Identifier No. Rulemaking stage 222 Enhanced Weapons for Spent Fuel Storage Installations and Transportation—Section 161A Authority [NRC-2015-0018] 3150-AJ55 Prerule. 223 American Society of Mechanical Engineers Code Cases and Update Frequency [NRC-2018-0291] 3150-AK23 Proposed Rule. 224 Risk-Informed, Technology Inclusive Regulatory Framework [NRC-2019-0062] 3150-AK31 Proposed Rule. 225 Renewing Nuclear Power Plant Operating Licenses—Environmental Review [NRC-2018-0296] 3150-AK32 Proposed Rule. 226 Revision of Fee Schedules: Fee Recovery for FY 2023 [NRC-2021-0024] 3150-AK58 Proposed Rule. DEPARTMENT OF AGRICULTURE Statement of Regulatory Priorities The U.S. Department of Agriculture's (USDA) fall 2022 Regulatory Agenda and Plan prioritizes initiatives fostering 21st century innovation like delivering broadband to farmers, ranchers, small businesses, and rural communities, addressing the effects of climate change such as drought and wildfire risks via climate-smart agriculture, expanding economic and market opportunity at home and abroad, job creation, improving access and delivery of our programs, particularly among historically underserved people and communities, and tackling food and nutrition insecurity while maintaining a safe food supply. Meanwhile, as we've responded to immediate needs during the past two years, USDA will continue to leverage our existing programs in response to those unforeseen domestic and international events and national emergencies that impact the American farm economy, schools, individual households, and our National Forests. Finally, we note that all USDA programs, including the priorities contained in this Regulatory Plan, will be structured to advance the cause of equity by removing barriers and opening new opportunities. In 2022, the USDA: Risk Management Agency implemented the Pandemic Cover Crop Program that reduced crop insurance premiums for agricultural producers to help them maintain cover crop systems, an important conservation practice, while keeping producers eligible for a premium benefit under the program. Food and Nutrition Service (FNS) implemented a final rule that establishes Standards for Milk, Whole Grains, and Sodium in its Child Nutrition Programs for school years 2022-2023 and 2023-2024 to give schools time to transition in the short term as FNS works to develop long-term nutrition standards—based on the newest Dietary Guidelines for America and extensive input from a wide range of partners—that will work for schools, families, and industry alike. In 2022, FNS also implemented streamlining requirements in its Child Nutrition Programs to simplify the application process, enhance monitoring requirements, offer more clarity on existing requirements, and provide more discretion at the State agency level to manage program operations. In late 2022, USDA plans to announce Phase 2 of the Emergency Relief Program that provides assistance to producers who suffered crop losses due to qualifying disaster events, and the Pandemic Assistance Revenue Program, a new program that provides support for agricultural producers impacted by the COVID-19 pandemic. In addition, this action makes changes to the Coronavirus Food Assistance Program; the Emergency Conservation Program; the Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program; the Livestock Forage Disaster Program; the Livestock Indemnity Program; the Noninsured Crop Disaster Assistance Program; and general payment eligibility provisions. For more information about this rule, see RIN 0503-AA75. Outlined below are some of USDA's most important upcoming regulatory actions for 2023. These include efforts to restore and expand economic opportunity; address the climate crisis; and support agricultural markets that are free, open and promote competition. This Regulatory Plan also reflects USDA's continued commitments to ensuring a safe and nutritious food supply and animal welfare protections. As always, our Semiannual Regulatory Agenda contains information on a broad-spectrum of USDA's initiatives and upcoming regulatory actions. Combat Climate Change To Support America's Working Lands, Natural Resources and Communities Special Areas; Roadless Area Conservation; National Forest System Lands in Alaska: In November 2021, USDA proposed to repeal a final rule promulgated in 2020 that exempted the Tongass National Forest from the 2001 Roadless Area Conservation Rule (2001 Roadless Rule). The 2001 Roadless Rule prohibited timber harvest and road construction or reconstruction within designated Inventoried Roadless Areas, with limited exceptions. USDA is planning to finalize this proposed rule in a manner consistent with President Biden's Executive Order 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis, directing review of Federal regulations issued during the previous four years that may conflict with protecting the environment, and in support of efforts to confront the climate crisis. For more information about this rule, see RIN 0596-AD51. Foster an Equitable and Competitive Marketplace for All Agricultural Producers Inclusive Competition and Market Integrity Rules Under the Packers and Stockyards Act: In October 2022, USDA proposed to revise regulations under the Packers and Stockyards (P&S) Act, prohibiting certain prejudices and disadvantages and unjustly discriminatory conduct against covered producers in the livestock, meat, and poultry markets. The proposal identified retaliatory practices that interfere with lawful communications, assertion of rights, and participation in associations, among other protected activities. The proposal also identified unlawfully deceptive practices that violate the P&S Act with respect to contract formation, contract performance, contract termination and contract refusal. The purpose of the final rule is to promote inclusive competition and market integrity in the livestock, meats, and poultry markets. For more information about this rule, see RIN 0581-AE05. Transparency in Poultry Grower Contracting and Tournaments Systems: The final rule would address the use of poultry grower ranking systems as a method of payment and settlement grouping for poultry growers under contract in poultry growing arrangements with live poultry dealers. The final rule would establish certain requirements with which a live poultry dealer must comply if a poultry grower ranking system is utilized to determine grower payment. A live poultry dealer's failure to comply would be deemed an unfair, unjustly discriminatory, and deceptive practice according to factors outlined in the final rule. A proposed rule was published in the Federal Register on June 8, 2022, 87 FR 48091. For more information about this rule, see RIN 0581-AE03. Unfair Practices, Undue Preferences, and Harm to Competition under the Packers and Stockyards Act: The proposal would revise regulations under the Packers and Stockyards Act (Act), providing clarity regarding conduct that may violate the Act, including addressing harm to competition. For more information about this rule, see RIN 0581-AE04. Poultry Growing Tournament Systems: Fairness and Related Concerns—Harm to Competition: The proposal seeks to address the use of poultry grower ranking systems, commonly known as “tournaments” in contract poultry production. Based on inputs from poultry growers, the proposal will seek to improve the market for poultry grower services. An advance notice of proposed rulemaking was published in the Federal Register on June 8, 2022, 87 FR 34814. For more information about this rule, see RIN 0581-AE18. Provide All Americans Safe, Nutritious Food USDA's Food Safety and Inspection Service (FSIS) continues to ensure that meat, poultry, and egg products are safe, wholesome, and properly marked, labeled, and packaged, and prohibits the distribution in-commerce of meat, poultry, and egg products that are adulterated or misbranded. One of FSIS' top priorities is to develop a more comprehensive and effective strategy to reduce Salmonella illnesses associated with poultry products. The agency is gathering the data and information necessary to support future action and move closer to the national target of a 25 percent reduction in Salmonella illnesses. In addition, to enhance the safety of raw beef products, FSIS is strengthening its sampling and testing programs for shiga-toxin producing Escherichia coli in these products. Moreover, consistent with the President's priorities of advancing the country's economic recovery and promoting economic resilience, FSIS is proposing several rules to improve regulatory certainty, which assure consumers that meat, poultry, and egg products are safe and truthfully labeled and fosters fair competition among the regulated industry. In a similar vein, AMS has prepared proposed standards for organic livestock and poultry production. Voluntary Labeling of Meat Products With “Product of USA” and Similar Statements: In accordance with Executive Order 14036, Promoting Competition in the American Economy, FSIS will propose to address concerns that the voluntary “Product of USA” label claim may confuse consumers about the origin of FSIS regulated products and undermine fair competition. FSIS intends to define the voluntary claim so that it is more meaningful to consumers and ensures a fair and competitive marketplace for American farmers and ranchers. For more information about this rule, see RIN 0583-AD87. Labeling of Meat or Poultry Products Comprised of or Containing Cultured Animal Cells; Revision of the Nutrition Facts Panels for Meat and Poultry Products and Updating Certain Reference Amounts Customarily Consumed; and Prior Label Approval System: Expansion of Generic Label Approval: FSIS will propose to establish new requirements for the labeling of meat or poultry products made using animal cell culture technology. FSIS also plans to finalize two other labeling rules, one to update nutrition labeling for meat and poultry products and another to expand the categories of meat and poultry product labels deemed generically approved that may be used in commerce without prior FSIS review and approval. The rule expanding the categories of generically approved labels will reduce labeling costs for meat and poultry establishments, including small and very small establishments. The three rules will provide additional certainty about what is required for meat and poultry labeling while ensuring that consumers have accurate information about the food they buy. For more information about these rules, see RINs 0583-AD56, 0583-AD78, and 0583-AD89. National Organic Program; Organic Livestock and Poultry Standards: The final rule would establish standards that support additional practice standards for organic livestock and poultry production. This final action would add provisions to the USDA organic regulations to address and clarify livestock and poultry living conditions (for example, outdoor access, housing environment and stocking densities), health care practices (for example physical alterations, administering medical treatment, euthanasia), and animal handling and transport to and during slaughter. For more information about this rule, see RIN 0581-AE06. FNS' Child Nutrition Programs: Revisions to Meal Patterns Consistent with the 2020 Guidelines for Americans: The proposed revisions would revise meal patterns in the National School Lunch Program and School Breakfast Program to make school meals healthier and more consistent with the most recent Dietary Guidelines for Americans while reflecting the nutrient needs of children at risk for food insecurity. For more information about this rule, see RIN 0584-AE88. FNS' Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Revisions in the WIC Food Packages: Consistent with recommendations from the National Academies of Sciences, Engineering, and Medicine and the latest Dietary Guidelines for Americans, the proposal seeks to provide participants with greater choices in variety and food package sizes. For more information about this rule, see RIN 0584-AE82. FNS' Community Eligibility Provision: Increasing Options for Schools: The Community Eligibility Provision (CEP) is an option for schools to offer no-cost meals to all students without the burden of collecting household applications. This provision saves local educational agencies time and money by streamlining paperwork and administrative requirements and facilitates low-income children's access to nutritious school meals. This rule would lower the minimum participation threshold, which would expand access to CEP and provide greater flexibility to States and schools that want to use additional State and local funds to provide no-cost meals to students. For more information about this rule, see RIN 0584-AE93. USDA—AGRICULTURAL MARKETING SERVICE (AMS) Proposed Rule Stage 1. Unfair Practices, Undue Preferences, and Harm to Competition Under the Packers and Stockyards Act (AMS-FTPP-21-0046) [0581-AE04] Priority: Other Significant. Legal Authority: 7 U.S.C. 181 to 229c CFR Citation: 9 CFR 201. Legal Deadline: None. Abstract: This action proposes to revise regulations issued under the Packers and Stockyards Act (Act) (7 U.S.C.181 229c), providing clarity regarding conduct that may violate the Act. Revisions are intended to support market growth, assure fair trade practices and competition, and protect livestock and poultry growers and producers. The action addresses long-standing issues related to competitiveness and showings of harm or likely harm to competition. Statement of Need: Revisions to regulations pertaining to the Packers and Stockyards Act (Act) clarify the types of conduct by packers, swine contractors, or live poultry dealers that the Agricultural Marketing Service (AMS) considers unfair practices or undue preferences and a violation of sections 202(a) or 202(b) of the Act. Sections 202(a) and 202(b) of the P&S Act are broadly written to prohibit unjustly practices and undue preferences. Industry members have complained that the regulations effectuating the Act are too vague and do not provide adequate clarity about the types of conduct or action that are likely to violate the Act. This rule is needed to provide essential clarity about what would be considered violations of the Act. Revisions to regulations pertaining to the Packers and Stockyards Act (Act) that would also clarify the scope of the Act are needed to establish what conduct or action, depending on their nature and the circumstances, violate the Act without a finding of harm or likely harm to competition or as they may relate to harm or likely harm to competition as such terms were contemplated under the Act. Such revisions reflect the Department of Agriculture's (USDA) longstanding position in this regard. Summary of Legal Basis: The Packers and Stockyards Act (Act) authorizes AMS to determine if conduct within the poultry and livestock industries are unfair practices or undue preferences and, therefore a violation of the Act. The Act provides USDA with the authority to assure fair competition and trade practices and to safeguard farmers against receiving less than the true market value of their livestock. Sections 202(c), (d), and (e) of the Act limit the application of those sections to acts or practices that have an adverse effect on competition, such as acts restraining commerce, creating a monopoly, or producing another type of antitrust injury. However, provisions in sections 202(a) and (b) restrict practices that are deceptive, unfair, unjust, undue, and unreasonable; terms that are understood to encompass more than anticompetitive conduct. USDA's position is that Congress did not intend application of sections 202(a) and (b) to be limited to instances in which there is harm to competition. Alternatives: USDA considered doing nothing. However, courts are not unanimous in their findings. Further, several courts disagree with USDA's position. Lack of clarity hinders the agency's ability to consistently administer and enforce the Act. Anticipated Cost and Benefits: USDA estimate annual costs related to this rule of $9 million for the first five years, decreasing in subsequent years, for total ten-year costs of $66 million. We believe the primary benefit of the proposed regulation is the increased ability to protect producers and growers through enforcement of the Act for violations of section 202(a) and/or (b) that do not result in harm, or a likelihood of harm, to competition. Risks: Courts have recognized that the proper analysis of alleged violations of these two sections depends on the facts of each case. However, four courts of appeals have disagreed with USDA's interpretation of the Act and have concluded that plaintiffs could not prove their claims under those sections without proving harm to competition or likely harm to competition. There is a risk if future legal challenge of USDA interpretation of sections 202(c), (d), and (e) of the Act. Timetable: Action Date FR Cite NPRM 12/00/22 Regulatory Flexibility Analysis Required: No. Government Levels Affected: None. Agency Contact: Michael V. Durando, Deputy Administrator, Fair Trade Practices Program, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-0237, Phone: 202 720-219. RIN: 0581-AE04 USDA—AMS 2. Inclusive Competition and Market Integrity Under the Packers and Stockyards Act (AMS-FTPP-21-0045) [0581-AE05] Priority: Other Significant. Legal Authority: 7 U.S.C. 181 to 229c CFR Citation: 9 CFR 201. Legal Deadline: None. Abstract: This final rule would supplement a recent revision to regulations issued under the Packers and Stockyards Act (Act) (7 U.S.C.181 229c) that provided criteria for the Secretary to consider when determining whether certain conduct or action by packers, swine contractors, or live poultry dealers is unduly or unreasonably or advantageous. Supplemental amendments clarify the conduct the Department considers unfair, preferential unjustly discriminatory, or deceptive and a violation of sections 202(a) and (b) of the Act. The rule also clarifies the criteria and types of conduct that would be considered unduly or unreasonably preferential, advantageous, prejudicial, or disadvantageous and violations of the Act. Statement of Need: Revisions to regulations pertaining to the Packers and Stockyards Act (Act) clarify the types of conduct by packers, swine contractors, or live poultry dealers that the Agricultural Marketing Service (AMS) considers unfair, unjustly discriminatory, or deceptive and a violation of section 202(a) of the Act, regardless of whether such action harms or is likely to harm competition. The rule also clarifies the criteria and/or types of conduct that would be considered unduly or unreasonably preferential, advantageous, prejudicial, or disadvantageous and a violation of section 202(b) of the Act. Sections 202(a) and 202(b) of the P&S Act are broadly written to prohibit unjustly practices and undue preferences and prejudices. Industry members have complained that the regulations effectuating the Act are too vague and do not provide adequate clarity about the types of conduct or action that are likely to violate the Act. This rule is needed to provide essential clarity about what would be considered violations of the Act, regardless of whether such violations harm or are likely to harm competition. Summary of Legal Basis: The Packers and Stockyards Act (Act) authorizes AMS to determine if conduct within the poultry and livestock industries are unfair, unjustly discriminatory, or deceptive and, therefore a violation of the Act. Alternatives: AMS considered taking no further action, allowing 100 years of case law to determine precedent in making determinations about whether certain behaviors violate the Act. AMS also considered revisiting the withdrawn 2016 rulemaking approach that would have identified criteria with which to determine whether certain behaviors violate the Act. Anticipated Cost and Benefits: USDA estimates first-year costs associated with this rule to be $517 thousand, with decreased costs each year thereafter, resulting in a ten-year total cost of $2.88 million. AMS expects this rule to benefit all segments of the industry, providing greater clarity about what would be considered violations of the Act. AMS expects this rule, coupled with a concurrent rule on the scope of the Act, to strengthen enforcement of the Act, resulting in fairer and more competitive markets for producers and poultry growers. Risks: Industry is divided about adding lists or examples of specific prohibited conduct to the regulations. Some argue such lists would inhibit freedom to forge contracts that fit individual situations, while others contend greater specificity is required so that affected parties can more readily identify violative behavior. Industry is also split on the question of whether identified prohibited behaviors must be found to harm or likely harm competition to be considered violations of the Act. AMS expects to resolve some of the controversy by being proactive and transparent with the industry to allow for critical discussions and decisions on the rule. Timetable: Action Date FR Cite NPRM 10/03/22 87 FR 60010 NPRM Comment Period Extended 11/30/22 87 FR 73507 NPRM Comment Period End 12/02/22 NPRM Comment Period Extended End 01/17/23 Final Rule 04/00/23 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. Government Levels Affected: None. Agency Contact: Michael V. Durando, Deputy Administrator, Fair Trade Practices Program, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-0237, Phone: 202 720-0219. RIN: 0581-AE05 USDA—AMS 3. Poultry Growing Tournament Systems: Fairness and Related Concerns—Harm to Competition (AMS-FTPP-22-0046) [0581-AE18] Priority: Other Significant. Legal Authority: 7 U.S.C. 181 et seq., 192 CFR Citation: 9 CFR 201. Legal Deadline: None. Abstract: This action seeks comments on proposed amendments to regulations that promote transparency in the poultry grower ranking systems, more commonly known as tournaments, in contract poultry production. Proposed amendments serve to remove obstacles to fair contracting. Statement of Need: Executive Order 14036 Promoting Competition in the American Economy, directs the Secretary of Agriculture to address unfair treatment of farmers and improve conditions of competition in their markets by considering rulemaking to address, among other things, certain practices related to poultry grower ranking systems. AMS is responding to numerous complaints from poultry growers about the use of tournament systems and recognizes that measures beyond disclosure and transparency may be necessary to address those practices, given the economic power imbalances and competition concerns that exist in today's markets. Responses to requests for comment have helped AMS tailor further policy development and rulemaking under the Packers and Stockyards Act, as amended, to address, through specific prohibitions, limits, and/or conventionalities, potential unfairness that may arise from the use of the tournament contracts in the poultry sector. Summary of Legal Basis: Sections 202(a) and 202(b) of the Packers and Stockyards Act prohibits unfair practices and undue preferences. Alternatives: The alternative considered is to continue with other efforts already underway to enhance fair and competitive markets in poultry. These include: (1) a separate rulemaking, under RIN 0581-AE03, in which USDA proposed a series of new transparency measures designed to address many grower concerns relating to deception and lack of access to critical information in connection with poultry contracting and tournament systems; (2) under the American Rescue Plan Act's provision to enhance supply chain resiliency, investing directly into the creation of new, and expansion of existing, local and regional meat and poultry processing enterprises; and (3) in partnership with DOJ, through such means as a newly established joint complaints and tips portal, www.farmerfairness.gov , enhancing enforcement activities including responding in a more coordinated manner to a range of competition and fair markets concerns. Anticipated Cost and Benefits: AMS is at an early stage of evaluating the costs and benefits of the contemplated regulatory interventions. However, expected benefits include greater certainty, investment, and supply of poultry products, greater returns to poultry growers and enhanced rural economic welfare, and expanded competitive choices in the poultry sector. Expected costs may include compliance costs, such as certain contract change costs. Risks: Agricultural production is an inherently risky endeavor, and returns have some level of risk no matter the marketing channel or structural arrangement. Tournament systems do not insulate growers from the financial risk, liquidity risk, the risk from incomplete contracts, and the lack of control over inputs and production variables. Tournaments also introduce new categories of risks to growers: Group composition risk and added risks of settlement-related deception or fraud. The risks of deception or fraud as discussed above include the inability of growers to verify the accuracy of payments, and to detect discrimination or retaliation. Timetable: Action Date FR Cite ANPRM: Request for Comments 06/08/22 87 FR 34814 ANPRM Comment Period End 09/06/22 NPRM 07/00/23 Regulatory Flexibility Analysis Required: No. Government Levels Affected: None. Agency Contact: Stephen Slinsky, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250, Phone: 901 287-9719, Email: stephen.slinsky@usda.gov. RIN: 0581-AE18 USDA—AMS Final Rule Stage 4. Transparency in Poultry Grower Contracting and Tournaments (AMS-FTPP-21-0044) [0581-AE03] Priority: Other Significant. Legal Authority: 7 U.S.C. 181 to 229c CFR Citation: 9 CFR 201. Legal Deadline: None. Abstract: This action amends regulations issued under the Packers and Stockyards Act (P&S Act), revising the list of disclosures and information live poultry dealers must furnish to poultry growers and sellers with whom dealers make poultry growing arrangements. The rule establishes parameters for the use of poultry grower ranking systems by dealers to determine settlement payments for poultry growers. Amendments are intended to promote transparency in poultry production contracting and to give poultry growers relevant information with which to make business decisions. Statement of Need: Differences in size and imbalances of power between parties in contractual poultry growing arrangements can have detrimental effects on one of the contracting parties and may result in marketplace inefficiencies. An often-cited concern is the live poultry dealer's full control over inputs, e.g., chick, feed, medication, etc., to the poultry growing process. Industry members have asked the Agricultural Marketing Service (AMS) to address such imbalances by specifying the conduct that would be considered violative of the Packers and Stockyards Act (Act). Summary of Legal Basis: The Agricultural Marketing Service (AMS) is delegated authority by the Secretary of Agriculture to enforce the P&S Act. AMS has received numerous complaints regarding the imbalance of power in poultry growing agreements, wherein one side controls all of the inputs, then arbitrarily ranks grower performance against other growers to determine pay. Alternatives: AMS considered finalizing a 2016 proposed rule that would have identified criteria for determining whether a live poultry dealer's use of a grower ranking system for payment purposes might be unlawful under the Packers and Stockyards Act. Anticipated Cost and Benefits: USDA estimates the first-year costs associated with this proposed rule to be $17.37 million. Subsequent year costs are expected to be significantly less than first-year costs, resulting in a ten-year total cost of $34.64 million. USDA expects the primary benefit of the regulation will be the increased ability to protect poultry growers from unfair practices associated with the use of poultry grower ranking systems. At the same time, the rule is expected to improve efficiencies through the use of new technologies and to reduce market failures among poultry growers. Risks: Extended litigation over legal challenges from the industry could result in the rule being struck down by the courts, hindering the agency's ability to enforce the Act for years. Timetable: Action Date FR Cite NPRM 06/08/22 87 FR 34980 NPRM Comment Period End 08/08/22 Notice of Reopening of Comment Period 08/08/22 87 FR 48091 NPRM Comment Period End 08/23/22 Final Rule 05/00/23 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. Government Levels Affected: None. Agency Contact: Michael V. Durando, Deputy Administrator, Fair Trade Practices Program, Department of Agriculture, Agricultural Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-0237, Phone: 202 720-0219. RIN: 0581-AE03 USDA—AMS 5. Organic Livestock and Poultry Standards (AMS-NOP-21-0073) [0581-AE06] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: 7 U.S.C. 6501 to 7 U.S.C. 6524 CFR Citation: 7 CFR 205. Legal Deadline: None. Abstract: This action establishes additional practice standards for organic livestock and poultry production. The rule amends the USDA organic regulations related to: livestock and poultry living conditions (for example, outdoor access, housing environment, and stocking densities); animal health care (for example, physical alterations, administering medical treatment, and euthanasia); animal transport; and slaughter. Statement of Need: The Organic Livestock and Poultry Standards (OLPS) rule is needed to clarify the USDA organic standards for livestock and poultry living conditions and health practices. The current regulations for livestock production provide general requirements but some of these provisions are ambiguous and have led to inconsistent divergent practices, particularly in the organic poultry sector. This rule responds to nine recommendations from the National Organic Standards Board and findings from a USDA Office of Inspector General (OIG) report. (See USDA, Office of the Inspector General. March 2010. Audit Report 01601-03-Hy, Oversight of the National Organic Program. Available at: http://www.usda.gov/oig/rptsauditsams.htm .) This rule includes provisions to support the expression of natural behaviors and the welfare of organic livestock and poultry. Summary of Legal Basis: OLPS is authorized by the Organic Foods Production Act of 1990 (OFPA), 7 U.S.C. 65016524. OFPA authorizes the USDA to establish national standards governing the marketing of certain agricultural products as organically produced products to assure consumers that organically produced products meet a consistent standard and to facilitate interstate commerce in fresh and processed food that is organically produced. Alternatives: AMS considered several alternatives and presents these in the rule. AMS presents two compliance date alternatives in the rule that would affect the costs and benefits of the rule. Additionally, AMS discusses alternatives to specific policies included in the rule, including alternative indoor and outdoor space requirements, and non-regulatory alternatives, including consumer education or no rule. Anticipated Cost and Benefits: AMS assumes no costs or benefits are accumulated for clarifying and codifying existing practices. However, AMS does expect costs and benefits to occur for organic broiler production through increased indoor space and for organic broilers and in egg production through increased outdoor access for layers. AMS estimates that the discounted costs for layer operations would range between $3.6 million and $8.4 million annually. To monetize the benefits of this rule, AMS used research that measured consumers' willingness-to-pay for outdoor access at a premium of between $0.16 and $0.25 per dozen eggs, controlling for other factors, including the organic label. Based on this, AMS estimates the annually discounted benefits falling between $11.6 million to $27.1 million. AMS estimates that the total annual discounted costs for broiler compliance would be between $5.7 million and $6.3 million. The benefits for broilers are calculated using a willingness-to-pay at a premium of $0.34/lb. With this willingness-to-pay, the annual discounted benefits range between $97 million and $107 million. Qualitatively, AMS also anticipates the rule will establish a clear standard protecting the value of the USDA organic seal to consumers, provide a consistent, level playing field for organic livestock producers, and facilitate enforcement of organic livestock and poultry standards. Risks: This rule is similar to the rule published on January 19, 2017 (82 FR 7042). That rule was subsequently withdrawn and never became effective. The USDA continues to face two legal challenges related to the withdrawal of that rule. USDA argued in its withdrawal of the rule that USDA had no authority under the Organic Foods Production Act to promulgate the rule, so there is legal risk in reversing direction and publishing a similar rule. Publishing a new proposed rule indicated that the USDA is taking new steps to advance the regulations. This has been viewed favorably by some, although others would prefer reinstating the January 2017 rule without the associated steps required to finalize a new rule. Timetable: Action Date FR Cite NPRM 08/09/22 87 FR 48562 NPRM Comment Period End 10/11/22 Comment Period Extended 10/11/22 87 FR 61268 Comment Period Extended End 11/10/22 Final Rule 04/00/23 Regulatory Flexibility Analysis Required: Yes. Small Entities Affected: Businesses. Government Levels Affected: None. Agency Contact: Erin Healy, Director, Standards Division, National Organic Program, Department of Agriculture, Agricultural Marketing Service, Washington, DC 20024, Phone: 202 617-4942, Email: erin.healy@usda.gov. Related RIN: Related to 0581-AD44, Related to 0581-AD74, Related to 0581-AD75 RIN: 0581-AE06 USDA—FOOD AND NUTRITION SERVICE (FNS) Proposed Rule Stage 6. Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Revisions in the WIC Food Packages [0584-AE82] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: 42 U.S.C. 1786, sec. 17(f)(11)(C) CFR Citation: 7 CFR 246.10. Legal Deadline: None. Abstract: This proposed rulemaking would amend regulations governing the WIC food packages to: (1) incorporate recommendations of the National Academies of Science, Engineering, and Medicine 2017 scientific report, Review of WIC Food Packages: Improving Balance and Choice; (2) align with 2020 Dietary Guidelines for Americans; and (3) make other administrative revisions or clarifications to food package requirements. Statement of Need: The National Academies of Sciences, Engineering, and Medicine (NASEM) issued a 2017 report with recommendations to align the WIC food packages with the available nutrition science and to reflect the supplemental nature of the Program. In December 2020, the USDA and the Department of Health and Human Services released the 2020-2025 Dietary Guidelines for Americans (DGAs). USDA FNS will propose rulemaking to incorporate NASEM recommendations and align the food package with the latest DGAs. Summary of Legal Basis: 42 U.S.C. 1786, sec. 17(f)(11)(C). Alternatives: N/A. Anticipated Cost and Benefits: This is discussed in the Regulatory Impact Analysis which was published on November 21, 2022 as an appendix to the rule, available at 87 FR 71090. Risks: N/A. Timetable: Action Date FR Cite NPRM 11/21/22 87 FR 71090 NPRM Comment Period End 02/21/23 Regulatory Flexibility Analysis Required: Undetermined. Government Levels Affected: Federal, Local, State. Federalism: This action may have federalism implications as defined in E.O. 13132. Agency Contact: Michael DePiro, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 305-2876, Email: michael.depiro@usda.gov. Maureen Lydon, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 457-7713, Email: maureen.lydon@usda.gov. RIN: 0584-AE82 USDA—FNS 7. Child Nutrition Programs: Revisions to Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans [0584-AE88] Priority: Economically Significant. Major under 5 U.S.C. 801. Legal Authority: 42 U.S.C. 1758, sec. 9(f)(1) CFR Citation: 7 CFR 210.10; 7 CFR 210.11; 7 CFR 215.7a; 7 CFR 220.8; 7 CFR 226.20; . . . Legal Deadline: None. Abstract: This rule will propose long-term school nutrition standards based on the Dietary Guidelines for Americans, 2020-2025, and feedback from child nutrition program stakeholders. The proposed revisions are expected to make school meals more nutritious and more consistent with the goals of the most recent Dietary Guidelines, as required by statute. In addition, FNS is merging “Buy American Provision in the National School Lunch and School Breakfast Programs” (0584-AE91),which was listed as a long-term rule on the Fall 2021 Regulatory Agenda, with this rule (0584-AE88). When developing this proposed rule, FNS will consider comments submitted in response to the February 2022 final rule, “Child Nutrition Programs: Transitional Standards for Milk, Whole Grains, and Sodium” (0584-AE81). FNS will also consider comments submitted in response to the August 2021 “Request for Information: Buy American in the National School Lunch Program and School Breakfast Program,” including feedback on how FNS can better support local schools as they strive to purchase domestic foods and food products. Statement of Need: The proposed revisions are needed to make school meals more nutritious and more consistent with the goals of the most recent Dietary Guidelines, as required by statute. Summary of Legal Basis: 42 U.S.C. 1758, sec. 9(f)(1). Alternatives: Alternatives not identified to date. Anticipated Cost and Benefits: These would be addressed in the Regulatory Impact Analysis for the rule. Risks: None known at this time. Timetable: Action Date FR Cite NPRM 01/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: Local, State. Federalism: Undetermined. Agency Contact: Michael DePiro, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 305-2876, Email: michael.depiro@usda.gov. Maureen Lydon, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 457-7713, Email: maureen.lydon@usda.gov. Related RIN: Merged with 0584-AE913 RIN: 0584-AE88 USDA—FNS 8. • Community Eligibility Provision: Increasing Options for Schools [0584-AE93] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Legal Authority: 42 U.S.C. 1759a(a)(1)(F) CFR Citation: 7 CFR 245.9. Legal Deadline: None. Abstract: This proposed rule would lower the minimum participation threshold for Community Eligibility Provision (CEP) elections. Currently, to elect CEP, a local educational agency (LEA), group of schools, or individual school must meet a minimum identified student percentage threshold of 40 percent. This rule would lower the minimum participation threshold, which would provide an additional option for LEAs and schools to receive special assistance payments as Federal reimbursement for meals served to students, in lieu of taking applications. Statement of Need: The Community Eligibility Provision (CEP) is an option for schools to offer no-cost meals to all students without the burden of collecting household applications. This provision saves local educational agencies time and money by streamlining paperwork and administrative requirements and facilitates low-income children's access to nutritious school meals. Lowering the participation threshold expands access to CEP and provides greater flexibility to States and schools that want to use additional State and local funds to provide no-cost meals to students. Summary of Legal Basis: Per the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(F)(viii)(II)): “For each school year beginning on or after July 1, 2014, the Secretary may use a threshold that is less than 40 percent.” Alternatives: None. Anticipated Cost and Benefits: Expanding access to CEP to additional schools is not expected to measurably increase costs to the Federal government due to the cost sharing aspect. FNS anticipates that this provision could impact State and/or local costs. FNS expects that local educational agencies that choose to elect CEP at lower eligibility levels will have increased State and/or local obligations. A cost/benefit analysis will be addressed in the economic analysis section to be included within the rule. Risks: No risks have been identified at this time. Timetable: Action Date FR Cite NPRM 07/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: Governmental Jurisdictions. Government Levels Affected: Federal, Local, State, Tribal. Agency Contact: Michael DePiro, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 305-2876, Email: michael.depiro@usda.gov. Maureen Lydon, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 457-7713, Email: maureen.lydon@usda.gov. RIN: 0584-AE93 USDA—FNS Final Rule Stage 9. • Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Implementation of the Access to Baby Formula Act of 2022 and Related Provisions [0584-AE94] Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined. Legal Authority: Pub. L. 117-129 CFR Citation: 7 CFR 246. Legal Deadline: None. Abstract: This rule would amend 7 CFR 246 to codify the provisions of the Access to Baby Formula Act of 2022 (ABFA). ABFA amends Section 17 of the Child Nutrition Act of 1966 to (1) add requirements to State agency infant formula cost containment contracts; and (2) establish waiver authority to the Secretary of Agriculture to address certain emergencies, disasters, and supply chain disruptions impacting WIC. FNS would make other related technical corrections and updates as necessary to modernize applicable WIC Program regulations. Statement of Need: This rule would codify requirements for State agencies to include language in their WIC infant formula rebate contracts that describes remedies in the event of an infant formula recall, including how an infant formula manufacturer would protect against disruption to program participants in the State ( i.e., ensure that WIC participants can purchase formula using WIC benefits). The rule would also codify permanent expanded waiver authority to aid participants in obtaining and redeeming WIC benefits during certain emergencies, disasters, and supply chain disruptions impacting WIC. Finally, the rule would make other miscellaneous technical corrections and updates as necessary to update WIC regulations. Summary of Legal Basis: The Access to Baby Formula Act of 2022 (ABFA, Pub. L. 117-129) amends section 17 of the Child Nutrition Act of 1966 (Pub. L. 89-642). Alternatives: No alternatives have been identified at this time. Anticipated Cost and Benefits: The costs associated with implementing the rule's regulatory requirements are not expected to significantly add to current program costs at the State and local levels. Risks: No risks have been identified at this time. Timetable: Action Date FR Cite Final Rule With Comment 05/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: Local, State. Agency Contact: Michael DePiro, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 305-2876, Email: michael.depiro@usda.gov. Maureen Lydon, Department of Agriculture, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 457-7713, Email: maureen.lydon@usda.gov. RIN: 0584-AE94 USDA—FOOD SAFETY AND INSPECTION SERVICE (FSIS) Proposed Rule Stage 10. Voluntary Labeling of Products With “Product of USA” and Similar Statements [0583-AD87] Priority: Other Significant. Legal Authority: 21 U.S.C. 601 et seq.; 21 U.S.C. 451 et seq.; 21 U.S.C. 1031 et seq. CFR Citation: 9 CFR 317.8. Legal Deadline: None. Abstract: The Food Safety and Inspection Service (FSIS) is proposing to amend its regulations to define the conditions under which the labeling of products can bear voluntary statements indicating that the product is of United States (U.S.) origin, such as Product of USA or Made in the USA. Statement of Need: In 2018 and 2019, FSIS received two petitions requesting that it change its policy regarding the labeling of meat products to indicate U.S. origin. After considering the petitions and the public comments submitted in response to them, FSIS concluded that adherence to the current labeling policy guidance may be causing confusion in the marketplace with respect to certain imported products and that the current labeling policy may no longer meet consumer expectations of what the Product of USA claim signifies. In 2021, FSIS received another petition related to its Product of USA policy. The Agency wants to ensure that any changes to its current policy are accomplished by an open and transparent process. Therefore, FSIS commissioned a consumer survey and decided that, instead of changing the Policy Book entry, it would initiate rulemaking to define the conditions under which the labeling of FSIS-regulated products would be permitted to bear voluntary statements indicating that the product is of U.S. origin. Summary of Legal Basis: Under the Federal Meat Inspection Act (FMIA) (21 U.S.C. 601-695, at 607), the Poultry Products Inspection Act (PPIA) (21 U.S.C. 451-470, at 457), and the Egg Products Inspection Act (21 U.S.C. 1031-1056, at 1036) (the Acts), the labels of meat, poultry, and egg products must be approved by the Secretary of Agriculture, who has delegated this authority to FSIS, before these products can enter commerce. The Acts prohibit the sale or offer for sale by any person, firm, or corporation of any article in commerce under any name or other marking or labeling that is false or misleading or in any container of a misleading form or size (21 U.S.C. 607(d); 21 U.S.C. 457(c)). The Acts also prohibit the distribution in commerce of meat or poultry products that are adulterated or misbranded. The FMIA and PPIA give FSIS broad authority to promulgate such rules and regulations as are necessary to carry out the provisions of the Acts (21 U.S.C. 621 and 463(b)). Alternatives: FSIS has considered the current labeling guidance and the alternatives proposed in the two petitions: (1) to amend the FSIS Policy Book to state that FSIS-regulated products may be labeled as Product of USA only if significant ingredients are of domestic origin and; (2) to amend the FSIS Policy Book to provide that any FSIS regulated product labeled as Made in the USA, Product of the USA, USA Beef or in any other manner that suggests that the origin is the United States, be derived from animals that have been born, raised, and slaughtered in the United States. FSIS is conducting a comprehensive review of origin labeling claims and conducting a consumer perception survey pursuant to developing the proposed regulations. Anticipated Cost and Benefits: Establishments may incur costs associated with voluntarily changing their labels as a result of any revised Product of USA labeling claim definition. This proposed rule is expected to benefit consumers as well as producers by providing them more specific information on what Product of USA means for FSIS-regulated products. Risks: N/A. Timetable: Action Date FR Cite NPRM 12/00/22 Regulatory Flexibility Analysis Required: No. Small Entities Affected: Businesses. Government Levels Affected: None. Agency Contact: Melissa Hammar, Acting Director, Regulations Development Staff, Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250-3700, Phone: 202 720-2096, Email: melissa.hammar@usda.gov. RIN: 0583-AD87 USDA—FSIS 11. Labeling of Meat and Poultry Products Made Using Animal Cell Culture Technology [0583-AD89] Priority: Other Significant. Legal Authority: 21 U.S.C. 451 et seq. CFR Citation: 9 CFR ch. III. Legal Deadline: None. Abstract: This notice of proposed rulemaking seeks public comments to inform future Food Safety and Inspection Service (FSIS) regulations for the labeling of meat and poultry products made using animal cell culture technology. Statement of Need: Many companies, both domestic and foreign, are currently developing cultured products derived from the cells of food animals amenable to the Federal Meat Inspection Act (FMIA; 21 U.S.C. 601 et seq. ) (cattle, sheep, swine, goats, and fish of the order Siluriformes, e.g., catfish) or the Poultry Products Inspection Act (PPIA; 21 U.S.C. 451 et seq. ) (chickens, turkeys, ducks, geese, guineas, ratites, and squabs). Human food products derived from these species fall under FSIS jurisdiction. Summary of Legal Basis: The Federal Meat Inspection Act (FMIA; 21 U.S.C. 601 et seq. ) and the Poultry Products Inspection Act (PPIA; 21 U.S.C. 451 et seq. ) require that meat and poultry products be truthfully and accurately labeled and that their labels be pre-approved by FSIS (21 U.S.C. 607(d) and 457(c), respectively), prior to movement in commerce. FSIS issues labeling regulations and reviews and approves meat and poultry product labels pursuant to these statutory labeling requirements. Food products made using animal cell culture technology and derived from the cells of livestock subject to the FMIA or the PPIA are subject to the labeling (and other applicable) requirements of these Acts and the regulations issued thereunder. Alternatives: FSIS will consider at least three alternatives for the rule: (1) Adopting a naming convention that is preferred by cellular agriculture industry; (2) Adopting a naming convention that is preferred by traditional agriculture industry; (3) Adopting a naming convention that is preferred by consumers groups. Anticipated Cost and Benefits: This proposed rule would benefit the public by providing truthful and accurate labeling of meat and poultry products produced using animal cell culture technology. FSIS expects its costs to be minimal and that current FSIS staffing would meet sketch approval needs. Risks: None. Timetable: Action Date FR Cite ANPRM 09/03/21 86 FR 49491 ANPRM Comment Period End 12/02/21 NPRM 08/00/23 Regulatory Flexibility Analysis Required: No. Small Entities Affected: No. Government Levels Affected: None. Agency Contact: Melissa Hammar, Acting Director, Regulations Development Staff, Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250-3700, Phone: 202 720-2096, Email: melissa.hammar@usda.gov. RIN: 0583-AD89 USDA—FSIS Final Rule Stage 12. Revision of the Nutrition Facts Panels for Meat and Poultry Products and Updating Certain Reference Amounts Customarily Consumed [0583-AD56] Priority: Other Significant. Legal Authority: 21 U.S.C. 601 et seq.; 21 U.S.C. 451 et seq. CFR Citation: 9 CFR 317; 9 CFR 381; 9 CFR 413. Legal Deadline: None. Abstract: Consistent with the changes that the Food and Drug Administration (FDA) finalized, the Food Safety and Inspection Service (FSIS) is amending the Federal meat and poultry products inspection regulations to update and revise the nutrition labeling requirements for meat and poultry products to reflect recent scientific research and dietary recommendations and to improve the presentation of nutrition information to assist consumers in maintaining healthy dietary practices. Statement of Need: On May 27, 2016, the Food and Drug Administration (FDA) published two final rules: (1) “Food Labeling: Revision of the Nutrition and Supplement Facts Labels” (81 FR 33742); and (2) “Food Labeling: Serving Sizes of Foods that Can Reasonably be Consumed at One Eating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments” (81 FR 34000). FDA finalized these rules to update the Nutrition Facts label to reflect new nutrition and public health research, to reflect recent dietary recommendations from expert groups, and to improve the presentation of nutrition information to help consumers make more informed choices and maintain healthy dietary practices. FSIS has reviewed FDA's analysis and, to ensure that nutrition information is presented consistently across the food supply, FSIS is amending the nutrition labeling regulations for meat and poultry products to parallel, to the extent possible, FDA's regulations. This approach will help increase clarity of information for consumers and will improve efficiency in the marketplace. Summary of Legal Basis: Under the Federal Meat Inspection Act (FMIA) (21 U.S.C. 601-695, at 607), the Poultry Products Inspection Act (PPIA) (21 U.S.C. 451-470, at 457), and the Egg Products Inspection Act (21 U.S.C. 1031-1056, at 1036) (the Acts), the labels of meat, poultry, and egg products must be approved by the Secretary of Agriculture, who has delegated this authority to FSIS, before these products can enter commerce. The Acts prohibit the sale or offer for sale by any person, firm, or corporation of any article in commerce under any name or other marking or labeling that is false or misleading or in any container of a misleading form or size (21 U.S.C. 607(d); 21 U.S.C. 457(c)). The Acts also prohibit the distribution in commerce of meat or poultry products that are adulterated or misbranded. The FMIA and PPIA give FSIS broad authority to promulgate such rules and regulations as are necessary to carry out the provisions of the Acts (21 U.S.C. 621 and 463(b)). To prevent meat and poultry products from being misbranded, the meat and poultry product inspection regulations require that the labels of meat and poultry products include specific information, such as nutrition labels, and that such information be displayed as prescribed in the regulations (9 CFR part 317 and part 381). The nutrition labeling requirements for meat and meat food products are in 9 CFR 317.300-317.400, and the nutrition labeling requirements for poultry products are in 9 CFR 381.400-381.500. Alternatives: FSIS considered three alternatives for the final rule: (1.) No action; (2.) A 24-month compliance period for large businesses and a 36-month compliance period for small businesses (as proposed); or (3.) A 12-month compliance period for large businesses and a 24-month compliance period for small businesses for faster label harmonization. Anticipated Cost and Benefits: These regulations are expected to benefit consumers by increasing and improving dietary information available in the ma [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%3A2023-02113. Public record. Not legal advice.