Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2023

REGULATORY INFORMATION SERVICE CENTER

Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions—Fall 2023

AGENCY:

Regulatory Information Service Center.

ACTION:

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

SUMMARY:

Publication of the Fall 2023 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, as amended) and reaffirmed in E.O. 13563, “Improving Regulation and Regulatory Review,” (76 FR 3821) and E.O. 14094, “Modernizing Regulatory Review,” (88 FR 21879). 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 Federal 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 publication of the Fall 2023 Unified Agenda contains the Regulatory Plans of 29 Federal agencies and 69 Federal agency regulatory agendas available to the public at

www.reginfo.gov.

The Fall 2023 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.

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 2023 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

Equal Employment Opportunity Commission

General Services Administration

National Archives and Records Administration

National Archives and Records Administration

National Science Foundation

Office of Personnel Management

Pension Benefit Guaranty Corporation

Small Business Administration

Social Security Administration

Joint Authority

Department of Defense/General Services Administration/National Aeronautics and Space Administration (Federal Acquisition Regulation)

Independent Regulatory Agencies

Consumer Product Safety Commission

Federal Trade 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

Architectural and Transportation Barriers Compliance Board

Environmental Protection Agency

General Services Administration

Small Business Administration

Joint Authority

Department of Defense/General Services Administration/National Aeronautics and Space Administration (Federal Acquisition Regulation)

Independent Regulatory Agencies

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 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 dating back to

1995. The complete online edition of the Unified Agenda includes regulatory agendas from 69 Federal agencies. Agencies of the United States Congress are not included.

The Fall 2023 Unified Agenda publication appearing in the

Federal Register

consists of the Regulatory Plan and 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 Unified Agenda information for those entries appears online in a uniform format at

www.reginfo.gov.

The following agencies have no entries identified for inclusion in the printed Regulatory Flexibility Agenda. An asterisk (*) indicates agencies that appear in The Regulatory Plan. The regulatory agendas of these agencies are available to the public at

www.reginfo.gov.

Cabinet Departments

Department of Housing and Urban Development*

Department of State

Department of Veterans Affairs*

Other Executive Agencies

Agency for International Development

Committee for Purchase From People Who Are Blind or Severely Disabled

Corporation for National and Community Service*

Council on Environmental Quality

Court Services and Offender Supervision Agency for the District of Columbia

Equal Employment Opportunity Commission*

Federal Mediation Conciliation Service

Institute of Museum and Library Services

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 Management and Budget

Office of the National Cyber Director

Office of Personnel Management*

Office of the United States Trade Representative

Peace Corps

Pension Benefit Guaranty Corporation*

Railroad Retirement Board

Selective Service System

Social Security Administration*

U.S. Agency for Global Media

Independent Agencies

Commodity Futures Trading Commission

Defense Nuclear Facilities Safety Board

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

U.S. Chemical Safety and Hazard Investigation Board

The Regulatory Information Service Center compiles the Unified Agenda for the Office of Information and Regulatory Affairs (OIRA), part of the Office of Management and Budget. OIRA is responsible for overseeing the Federal Government's regulatory, paperwork, and information resource management activities, including implementation of Executive Order 12866, as amended (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, as amended, 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 Unified Agenda does 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), as amended, 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 14094

Executive Order (E.O.) 14094, “Modernizing Regulatory Review,” April 6, 2023 (88 FR 21879) sets forth specific actions for Federal agencies and OIRA designed to modernize the regulatory process in order to advance policies that promote the public interest and address national priorities. E.O. 14094, among other things, amends Section 3(f)(1) of E.O. 12866 (Regulatory Planning and Review) to increase the monetary threshold for significance under that provision, amends Section 3(f)(4) to clarify what is significant under that provision, and encourages greater public participation during all stages of the regulatory process.

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.

Agency regulatory flexibility agendas are printed in a single daily edition of the

Federal Register

. A regulatory flexibility agenda is printed 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 parts are organized alphabetically in four groups: Cabinet departments; other executive agencies; the Federal Acquisition Regulation, a joint authority; and independent regulatory agencies. Agencies may in turn be divided into sub-agencies. 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.

The online, complete Unified Agenda contains the preambles of all participating agencies. Unlike the printed edition, the online Agenda has no fixed ordering. In the online Agenda, users can select the particular agencies' agendas they want to see. Users have broad flexibility to specify the characteristics of the entries of interest to them by choosing the desired responses to individual data fields. To see a listing of all of an agency's entries, a user can select the agency without specifying any particular characteristics of entries.

Each entry in the Agenda is associated with one of five rulemaking stages. The rulemaking stages are:

1. Prerule Stage

—actions agencies will undertake to determine whether or how to initiate rulemaking. Such actions occur prior to a Notice of Proposed Rulemaking (NPRM) and may include

Advance Notices of Proposed Rulemaking (ANPRMs) and reviews of existing regulations.

2. Proposed Rule Stage

—actions for which agencies plan to publish a Notice of Proposed Rulemaking as the next step in their rulemaking process or for which the closing date of the NPRM Comment Period is the next step.

3. Final Rule Stage

—actions for which agencies plan to publish a final rule or an interim final rule or to take other final action as the next step.

4. Long-Term Actions

—items under development but for which the agency does not expect to have a regulatory action within the 12 months after publication of this edition of the Unified Agenda. Some of the entries in this section may contain abbreviated information.

5. Completed Actions

—actions or reviews the agency has completed or withdrawn since publishing its last agenda. This section also includes items the agency began and completed between issues of the Agenda.

Long-Term Actions

are rulemakings reported during the publication cycle that are outside of the required 12-month reporting period for which the Agenda was intended. Completed Actions in the publication cycle are rulemakings that are ending their lifecycle either by Withdrawal or completion of the rulemaking process. Therefore, the Long-Term and Completed RINs do not represent the ongoing, forward-looking nature intended for reporting developing rulemakings in the Agenda pursuant to Executive Order 12866, section 4(b) and 4(c). To further differentiate these two stages of rulemaking in the Unified Agenda from active rulemakings, Long-Term and Completed Actions are reported separately from active rulemakings, which can be any of the first three stages of rulemaking listed above. A separate search function is provided on

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 and Section 3(f)(1) Significant

On April 6, 2023, the President issued E.O. 14904 entitled “Modernizing Regulatory Review.” E.O. 14904 amends Section 3(f)(1) of E.O. 12866 to increase the monetary threshold for significance under this provision from $100 million to $200 million in annual effects and directs that it be adjusted for GDP growth every three years. For rulemaking actions that were in development prior to the issuance of E.O. 14904, the Agenda largely uses the previous nomenclature of “economically significant” to indicate rulemaking actions expected to have an annual effect on the economy of $100 million or more, the threshold in E.O. 12866 prior to April 6, 2023. For rulemaking actions which were submitted for OIRA review after the issuance of the E.O. 14904 on April 6, 2023 and are expected to have an annual effect on the economy of $200 million or more, the term “Section 3(f)(1) Significant” is used and will continue to be used in future Unified Agendas. The amended definition of “Section 3(f)(1) Significant” under Executive Order 12866 is a rulemaking action that will “have an annual effect on the economy of $200 million or more (adjusted every 3 years by the Administrator of OIRA for changes in gross domestic product); 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.”

(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, as amended, or rules that are a priority of the agency head. These rules may or may not be included in the agency's regulatory plan.

(3) Substantive, Nonsignificant

A rulemaking that has substantive impacts, but is neither Significant, nor Routine and Frequent, nor Informational/Administrative/Other.

(4) Routine and Frequent

A rulemaking that is a specific case of a multiple recurring application of a regulatory program in the Code of Federal Regulations and that does not alter the body of the regulation.

(5) Informational/Administrative/Other

A rulemaking that is primarily informational or pertains to agency matters not central to accomplishing the agency's regulatory mandate but that the agency places in the Unified Agenda to inform the public of the activity.

Major

—whether the rule is “major” under 5 U.S.C. 801 (Pub. L. 104-121) because it has resulted or is likely to result in an annual effect on the economy of $100 million or more or meets other criteria specified in that Act. The Act provides that the Administrator of the Office of Information and Regulatory Affairs will make the final determination as to whether a rule is major.

Unfunded Mandates

—whether the rule is covered by section 202 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The Act requires that, before issuing an NPRM likely to result in a mandate that may result in expenditures by State, local, and tribal governments, in the aggregate, or by the private sector of more than $100 million in 1 year, agencies, other than independent regulatory agencies, shall prepare a written statement containing an assessment of the anticipated costs and benefits of the Federal mandate.

Legal Authority

—the section(s) of the United States Code (U.S.C.) or Public Law (Pub. L.) or the Executive order (E.O.) that authorize(s) the regulatory action. Agencies may provide popular name references to laws in addition to these citations.

CFR Citation

—the section(s) of the Code of Federal Regulations that will be affected by the action.

Legal Deadline

—whether the action is subject to a statutory or judicial deadline, the date of that deadline, and whether the deadline pertains to an NPRM, a Final Action, or some other action.

Abstract

—a brief description of the problem the regulation will address; the need for a Federal solution; to the extent available, alternatives that the agency is considering to address the problem; and potential costs and benefits of the action.

Timetable

—the dates and citations (if available) for all past steps and a projected date for at least the next step for the regulatory action. A date displayed in the form 12/00/19 means the agency is predicting the month and year the action will take place but not the day it will occur. In some instances, agencies may indicate what the next action will be, but the date of that action is “To Be Determined.” “Next Action Undetermined” indicates the agency does not know what action it will take next.

Regulatory Flexibility Analysis Required

—whether an analysis is required by the Regulatory Flexibility Act (5 U.S.C. 601

et seq.

) because the rulemaking action is likely to have a significant economic impact on a substantial number of small entities as defined by the Act.

Small Entities Affected

—the types of small entities (businesses, governmental jurisdictions, or organizations) on which the rulemaking action is likely to have an impact as defined by the Regulatory Flexibility Act. Some agencies have chosen to indicate likely effects on small entities even though they believe that a Regulatory Flexibility Analysis will not be required.

Government Levels Affected

—whether the action is expected to affect levels of government and, if so, whether the governments are State, local, tribal, or Federal.

International Impacts

—whether the regulation is expected to have international trade and investment effects, or otherwise may be of interest to the Nation's international trading partners.

Federalism

—whether the action has “federalism implications” as defined in Executive Order 13132. This term refers to actions “that have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” Independent regulatory agencies are not required to supply this information.

Included in the Regulatory Plan

—whether the rulemaking was included in the agency's current regulatory plan published in the fall 2022.

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.

Public Law

—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 Unified Agenda?

Copies of the

Federal Register

issue containing the printed edition of 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.

Boris Arratia,

Director.

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 Stage.

2

Inclusive Competition and Market Integrity Under the Packers and Stockyards Act (AMS-FTPP-21-0045)

0581-AE05

Final Rule Stage.

3

Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Revisions in the WIC Food Packages

0584-AE82

Final Rule Stage.

4

Child Nutrition Programs: Revisions to Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans

0584-AE88

Final Rule Stage.

5

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 Stage.

6

Interim Final Rule—Implementing Provisions From the Consolidated Appropriations Act, 2023: Establishing the Summer EBT Program and Non-Congregate Option in the Summer Food Service Program

0584-AE96

Final Rule Stage.

7

Labeling of Meat and Poultry Products Made Using Animal Cell Culture Technology

0583-AD89

Proposed Rule Stage.

8

Salmonella Framework

0583-AD96

Proposed Rule Stage.

9

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

0583-AD56

Final Rule Stage.

10

Voluntary Labeling of FSIS-Regulated Products With U.S. Origin Claims

0583-AD87

Final Rule Stage.

11

Update and Clarification of the Locatable Minerals Regulations

0596-AD32

Proposed Rule Stage.

12

Higher Blends Infrastructure Incentive Program

0570-AB11

Proposed Rule Stage.

Department of Commerce

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

13

Illegal, Unreported, and Unregulated Fishing; Fisheries Enforcement; High Seas Driftnet Fishing Moratorium Protection Act

0648-BG11

Proposed Rule Stage.

14

Amendments to the North Atlantic Right Whale Vessel Strike Reduction Rule

0648-BI88

Final Rule Stage.

15

Endangered and Threatened Wildlife and Plants; Regulations for Listing Species and Designating Critical Habitat

0648-BK47

Final Rule Stage.

16

Endangered and Threatened Wildlife and Plants; Revision of Regulations for Interagency Cooperation

0648-BK48

Final Rule Stage.

17

Setting and Adjusting Patent Fees

0651-AD64

Proposed Rule Stage.

18

Setting and Adjusting Trademark Fees

0651-AD65

Proposed Rule Stage.

Department of Defense

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

19

Cybersecurity Maturity Model Certification (CMMC) Program

0790-AL49

Proposed Rule Stage.

20

Department of Defense (DoD)-Defense Industrial Base (DIB) Cybersecurity (CS) Activities

0790-AK86

Final Rule Stage.

21

Definitions of Gold Star Family and Gold Star Survivor

0790-AL56

Final Rule Stage.

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

Long-Term Actions.

23

Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019-D041)

0750-AK81

Proposed Rule Stage.

24

Modification of Prize Authority For Advanced Technology Achievements (DFARS Case 2022-D014)

0750-AL65

Proposed Rule Stage.

25

Past Performance of Subcontractors and Joint Venture Partners (DFARS Case 2018-D055)

0750-AK16

Final Rule Stage.

26

Small Business Innovation Research Program Data Rights (DFARS Case 2019-D043)

0750-AK84

Final Rule Stage.

27

DFARS Buy American Act Requirements (DFARS Case 2022-D019)

0750-AL74

Final Rule Stage.

28

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 Stage.

29

Flood Control Cost-Sharing Requirements Under the Ability to Pay Provision

0710-AB34

Proposed Rule Stage.

30

USACE Implementing Procedures for Principles, Requirements, and Guidelines Applicable to Actions Involving Investment in Water Resources

0710-AB41

Proposed Rule Stage.

31

Appendix C Procedures for the Protection of Historic Properties

0710-AB46

Proposed Rule Stage.

32

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

0710-AA78

Final Rule Stage.

33

Credit Assistance for Water Resources Infrastructure Projects

0710-AB31

Completed Actions.

34

Revised Definition of “Waters of the United States”; Conforming

0710-AB55

Completed Actions.

35

TRICARE Coverage of Clinical Trials and Termination of Expanded Access Treatments

0720-AB83

Final Rule Stage.

36

Expanding TRICARE Access to Care in Response to the COVID-19 Pandemic

0720-AB85

Final Rule Stage.

37

Collection From Third Party Payers of Reasonable Charges for Healthcare Services; Amendment

0720-AB87

Final Rule Stage.

Department of Education

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

38

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

1870-AA16

Final Rule Stage.

39

Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria For Male and Female Athletic Teams

1870-AA19

Final Rule Stage.

40

EDGAR Revisions

1875-AA14

Proposed Rule Stage.

41

Family Educational Rights and Privacy Act

1875-AA15

Proposed Rule Stage.

42

Student Loan Relief

1840-AD93

Proposed Rule Stage.

43

Gainful Employment

1840-AD57

Completed Actions.

44

Improving Income Driven Repayment

1840-AD81

Completed Actions.

Department of Energy

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

45

Clean Energy for New Federal Buildings and Major Renovations of Federal Buildings

1904-AB96

Final Rule Stage.

46

Energy Conservation Standards for Consumer Water Heaters

1904-AD91

Final Rule Stage.

47

Coordination of Federal Authorizations for Electric Transmission Facilities

1901-AB62

Final Rule Stage.

Department of Health and Human Services

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

48

Rulemaking on Discrimination on the Basis of Disability in Health and Human Services Programs or Activities

0945-AA15

Proposed Rule Stage.

49

Proposed Modifications to the HIPAA Security Rule to Strengthen the Cybersecurity of Electronic Protected Health Information

0945-AA22

Proposed Rule Stage.

50

Confidentiality of Substance Use Disorder Patient Records

0945-AA16

Final Rule Stage.

51

Nondiscrimination in Health Programs and Activities

0945-AA17

Final Rule Stage.

52

Safeguarding the Rights of Conscience as Protected by Federal Statutes

0945-AA18

Final Rule Stage.

53

Health and Human Services Grants Regulation

0945-AA19

Final Rule Stage.

54

Proposed Modifications to the HIPAA Privacy Rule to Support Reproductive Health Care Privacy

0945-AA20

Final Rule Stage.

55

Establishment of Disincentives for Health Care Providers Who Have Committed Information Blocking

0955-AA05

Proposed Rule Stage.

56

Control of Communicable Diseases; Foreign Quarantine

0920-AA75

Final Rule Stage.

57

Tobacco Product Standard for Nicotine Level of Certain Tobacco Products

0910-AI76

Proposed Rule Stage.

58

Front-of-Package Nutrition Labeling

0910-AI80

Proposed Rule Stage.

59

Medical Devices; Laboratory Developed Tests

0910-AI85

Proposed Rule Stage.

60

Nonprescription Drug Product With an Additional Condition for Nonprescription Use

0910-AH62

Final Rule Stage.

61

Nutrient Content Claims, Definition of Term: Healthy

0910-AI13

Final Rule Stage.

62

Tobacco Product Standard for Characterizing Flavors in Cigars

0910-AI28

Final Rule Stage.

63

Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption Relating to Agricultural Water

0910-AI49

Final Rule Stage.

64

Tobacco Product Standard for Menthol in Cigarettes

0910-AI60

Final Rule Stage.

65

Countermeasures Injury Compensation Program: COVID-19 Countermeasures Injury Table

0906-AB31

Proposed Rule Stage.

66

340B Drug Pricing Program; Administrative Dispute Resolution

0906-AB28

Final Rule Stage.

67

Healthcare System Resiliency and Modernization (CMS-3426)

0938-AU91

Proposed Rule Stage.

68

Appeal Rights for Certain Changes in Patient Status (CMS-4204)

0938-AV16

Proposed Rule Stage.

69

Contract Year 2025 Policy and Technical Changes to the Medicare Advantage, Medicare Prescription Drug Benefit, and Medicare Cost Plan Programs, and PACE (CMS-4205)

0938-AV24

Proposed Rule Stage.

70

Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency Reporting (CMS-3442)

0938-AV25

Proposed Rule Stage.

71

Streamlining the Medicaid, CHIP, and BHP Application, Eligibility Determination, Enrollment, and Renewal Processes (CMS-2421)

0938-AU00

Final Rule Stage.

72

Short-Term, Limited-Duration Insurance; Independent, Noncoordinated Excepted Benefits Coverage; Level-Funded Plan Arrangements; and Tax Treatment of Certain Accident and Health Insurance (CMS-9904)

0938-AU67

Final Rule Stage.

73

Ensuring Access to Medicaid Services (CMS-2442)

0938-AU68

Final Rule Stage.

74

Coverage of Certain Preventive Services Under the Affordable Care Act (CMS-9903)

0938-AU94

Final Rule Stage.

75

Medicaid and Children's Health Insurance Program (CHIP) Managed Care Access, Finance, and Quality (CMS-2439)

0938-AU99

Final Rule Stage.

76

Disclosures of Ownership and Additional Disclosable Parties Information for Skilled Nursing Facilities and Nursing Facilities (CMS-6084)

0938-AU90

Long-Term Actions.

77

Hospital Outpatient Prospective Payment System: Remedy for 340B-Acquired Drugs Purchased in Cost Years 2018-2022 (CMS-1793)

0938-AV18

Completed Actions.

78

Strengthening Temporary Assistance for Needy Families (TANF) as a Safety Net Program

0970-AC97

Proposed Rule Stage.

79

Employment and Training Services for Noncustodial Parents in the Child Support Services Program

0970-AD00

Proposed Rule Stage.

80

Supporting the Head Start Workforce and Other Quality Improvements

0970-AD01

Proposed Rule Stage.

81

Safe and Appropriate Foster Care Placement Requirements for Titles IV-E and IV-B

0970-AD03

Proposed Rule Stage.

82

Improving Child Care Access, Affordability, and Stability in the Child Care and Development Fund (CCDF)

0970-AD02

Final Rule Stage.

83

Separate Licensing Standards for Relative or Kinship Foster Family Homes

0970-AC91

Completed Actions.

84

Adult Protective Services Functions and Grant Programs

0985-AA18

Proposed Rule Stage.

Department of Homeland Security

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

85

Victims of Qualifying Criminal Activities; Eligibility Requirements for U Nonimmigrant Status and Adjustment of Status

1615-AA67

Proposed Rule Stage.

86

Improving the Regulations Governing the Adjustment of Status to Lawful Permanent Residence and Related Immigration Benefits

1615-AC22

Proposed Rule Stage.

87

Asylum Eligibility and Public Health

1615-AC57

Proposed Rule Stage.

88

Clarifying Definitions and Analyses for Fair and Efficient Asylum and Other Protection Determinations

1615-AC65

Proposed Rule Stage.

89

Procedures for Asylum and Bars to Asylum Eligibility

1615-AC69

Proposed Rule Stage.

90

Modernizing H-1B Requirements and Oversight, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers

1615-AC70

Proposed Rule Stage.

91

Modernizing H-2 Program Requirements, Oversight, and Worker Protections

1615-AC76

Proposed Rule Stage.

92

Citizenship and Naturalization and Other Related Flexibilities

1615-AC80

Proposed Rule Stage.

93

U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements

1615-AC68

Final Rule Stage.

94

Shipping Safety Fairways Along the Atlantic Coast

1625-AC57

Proposed Rule Stage.

95

Cybersecurity in the Marine Transportation System

1625-AC77

Proposed Rule Stage.

96

MARPOL Annex VI; Prevention of Air Pollution From Ships

1625-AC78

Proposed Rule Stage.

97

Advance Passenger Information System: Electronic Validation of Travel Documents

1651-AB43

Final Rule Stage.

98

Enhancing Surface Cyber Risk Management

1652-AA74

Proposed Rule Stage.

99

Flight Training Security Program

1652-AA35

Final Rule Stage.

100

Frequency of Renewal Cycle for Indirect Air Carrier Security Programs

1652-AA72

Final Rule Stage.

101

Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Waiver for Mobile Driver's Licenses

1652-AA76

Final Rule Stage.

102

Clarifying and Revising Custody Determination and Detention Classification Procedures

1653-AA92

Proposed Rule Stage.

103

National Flood Insurance Program: Standard Flood Insurance Policy, Homeowner Flood Form

1660-AB06

Proposed Rule Stage.

104

Update of FEMA's Public Assistance Regulations

1660-AB09

Proposed Rule Stage.

105

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

1660-AB12

Proposed Rule Stage.

106

Individual Assistance Program Equity

1660-AB07

Final Rule Stage.

107

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 Actions.

Department of the Interior

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

108

ONRR Designation Form for Payment Responsibility

1012-AA33

Proposed Rule Stage.

109

Oil-Spill Response Requirements for Facilities Located Seaward of the Coast Line Proposed Rule

1014-AA44

Proposed Rule Stage.

110

Revisions to Subpart J—Pipelines and Pipeline Rights-of-Way Proposed Rule

1014-AA45

Proposed Rule Stage.

111

Outer Continental Shelf Lands Act; Operating in High-Pressure and/or High-Temperature (HPHT) Environments

1014-AA49

Final Rule Stage.

112

Carbon Sequestration

1082-AA04

Proposed Rule Stage.

113

Department of the Interior Acquisition Regulation Governance Titles

1090-AB25

Proposed Rule Stage.

114

Natural Resource Damages for Hazardous Substances

1090-AB26

Proposed Rule Stage.

115

Privacy Act Exemption for INTERIOR/DOI-10, DOI Law Enforcement Records Management System (LERMS)

1090-AB28

Proposed Rule Stage.

116

Privacy Act Exemption for INTERIOR/OIG-02 Investigative Records

1090-AB27

Final Rule Stage.

117

Office of Hearings and Appeals (OHA) Rule

1094-AA57

Proposed Rule Stage.

118

Wildlife and Fisheries; Compensatory Mitigation Mechanisms

1018-BF63

Proposed Rule Stage.

119

Migratory Bird Permits; Authorizing the Incidental Take of Migratory Birds, Proposed Rule

1018-BF71

Proposed Rule Stage.

120

Maintaining the Biological Integrity, Diversity, and Environmental Health of the National Wildlife Refuge System, Proposed rule

1018-BG78

Proposed Rule Stage.

121

Permits for Incidental Take of Eagles and Eagle Nests, Final Rule

1018-BE70

Final Rule Stage.

122

Regulations Pertaining to Endangered and Threatened Wildlife and Plants

1018-BF88

Final Rule Stage.

123

Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat, Final Rule

1018-BF95

Final Rule Stage.

124

Endangered and Threatened Wildlife and Plants; Interagency Cooperation

1018-BF96

Final Rule Stage.

125

Endangered Species Act Section 10 Regulations; Enhancement of Survival and Incidental Take Permits, Final rule

1018-BF99

Final Rule Stage.

126

Revision to the Section 4(d) Rule for the African Elephant, Final rule

1018-BG66

Final Rule Stage.

127

Establishment of a Nonessential Experimental Population of the Gray Wolf in the State of Colorado, Final Rule

1018-BG79

Final Rule Stage.

128

National Wildlife Refuge System; Station-Specific Hunting and Sport Fishing Regulations, 2023-24, Final rule

1018-BG71

Completed Actions.

129

Native American Graves Protection and Repatriation Act Regulations

1024-AE19

Final Rule Stage.

130

Alaska; Hunting and Trapping in National Preserves

1024-AE70

Final Rule Stage.

131

Agricultural Leasing of Indian Land

1076-AF66

Proposed Rule Stage.

132

Procedures for Federal Acknowledgment of Indian Tribes

1076-AF67

Proposed Rule Stage.

133

Indian Arts and Crafts

1076-AF69

Proposed Rule Stage.

134

Mining of the Osage Mineral Estate for Oil and Gas

1076-AF59

Final Rule Stage.

135

Class III Tribal State Gaming Compact Process

1076-AF68

Final Rule Stage.

136

Land Acquisitions

1076-AF71

Final Rule Stage.

137

Fitness to Operate Standards for Oil and Gas Operators and Lessees on the Outer Continental Shelf

1010-AE21

Proposed Rule Stage.

138

Renewable Energy Modernization Rule

1010-AE04

Final Rule Stage.

139

Protection of Marine Archaeological Resources

1010-AE11

Final Rule Stage.

140

Risk Management and Financial Assurance for OCS Lease and Grant Obligations

1010-AE14

Final Rule Stage.

141

Emergency Preparedness for Impoundments

1029-AC82

Proposed Rule Stage.

142

Ten-Day Notices

1029-AC81

Final Rule Stage.

143

Public Conduct on Bureau of Reclamation Facilities, Lands and Waterbodies

1006-AA58

Final Rule Stage.

144

Closure and Restriction Orders

1004-AE89

Proposed Rule Stage.

145

Management and Protection of the National Petroleum Reserve in Alaska

1004-AE95

Proposed Rule Stage.

146

Update of the Communications Uses Program, Right-of-Way Cost Recovery Fee Schedules and Section 512 of FLPMA for Rights-of-Way

1004-AE60

Final Rule Stage.

147

Rights-of-Way, Leasing and Operations for Renewable Energy

1004-AE78

Final Rule Stage.

148

Waste Prevention, Production Subject to Royalties, and Resource Conservation

1004-AE79

Final Rule Stage.

149

Fluid Mineral Leases and Leasing Process

1004-AE80

Final Rule Stage.

150

Conservation and Landscape Health

1004-AE92

Final Rule Stage.

Department of Justice

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

151

Implementation of the ADA Amendments Act of 2008: Federally Conducted (Section 504 of the Rehabilitation Act of 1973)

1190-AA73

Proposed Rule Stage.

152

Nondiscrimination on the Basis of Disability by State and Local Governments; Public Right-of-Way

1190-AA77

Proposed Rule Stage.

153

Nondiscrimination on the Basis of Disability by State and Local Governments: Medical Diagnostic Equipment

1190-AA78

Proposed Rule Stage.

154

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

1190-AA79

Final Rule Stage.

155

Telemedicine Prescribing of Controlled Substances When the Practitioner and the Patient Have not had a Prior In-Person Medical Evaluation

1117-AB40

Proposed Rule Stage.

156

Import/Export and Domestic Transactions of Tableting and Encapsulating Machines

1117-AB80

Proposed Rule Stage.

157

Clarifying Definitions and Analyses for Fair and Efficient Asylum and Other Protection Determinations

1125-AB13

Proposed Rule Stage.

158

Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure

1125-AB18

Proposed Rule Stage.

159

Hearing Requirements and Application Procedures for Asylum and Related Protection

1125-AB22

Proposed Rule Stage.

160

Clarifying and Revising Custody Determination Procedures for Noncitizens Subject to Discretionary Detention (INA 236(a)/8 U.S.C. 1226 detention)

1125-AB27

Proposed Rule Stage.

Department of Labor

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

161

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

1235-AA39

Proposed Rule Stage.

162

Nondisplacement of Qualified Workers Under Service Contracts

1235-AA42

Final Rule Stage.

163

Employee or Independent Contractor Classification Under the Fair Labor Standards Act

1235-AA43

Final Rule Stage.

164

Improving Protections For Workers in Temporary Agricultural Employment in the United States

1205-AC12

Proposed Rule Stage.

165

National Apprenticeship System Enhancements

1205-AC13

Proposed Rule Stage.

166

Wagner-Peyser Act Staffing

1205-AC02

Final Rule Stage.

167

Retirement Security Rule: Definition of an Investment Advice Fiduciary

1210-AC02

Proposed Rule Stage.

168

Mental Health Parity and Addiction Equity Act and the Consolidated Appropriations Act, 2021

1210-AC11

Proposed Rule Stage.

169

Definition of 'Employer' Under Section 3(5) of ERISA-Association Health Plans

1210-AC16

Proposed Rule Stage.

170

Coverage of Certain Preventive Services Under the Affordable Care Act

1210-AC13

Final Rule Stage.

171

Respirable Crystalline Silica

1219-AB36

Final Rule Stage.

172

Safety Program for Surface Mobile Equipment

1219-AB91

Final Rule Stage.

173

Heat Illness Prevention in Outdoor and Indoor Work Settings

1218-AD39

Prerule Stage.

174

Infectious Diseases

1218-AC46

Proposed Rule Stage.

175

Emergency Response

1218-AC91

Proposed Rule Stage.

Department of Transportation

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

176

Safety Management Systems

2120-AL60

Final Rule Stage.

Department of Veterans Affairs

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

177

Updating VA Adjudication Regulations for Disability or Death Benefit Claims Related to Herbicide Exposure

2900-AR10

Proposed Rule Stage.

178

Expanding Veterans Cemetery Grant Program (VCGP) Grants to Include Training Costs

2900-AR47

Proposed Rule Stage.

179

Technical Revisions to Expand Health Care for Certain Toxic Exposure and Overseas Contingency Service

2900-AR73

Proposed Rule Stage.

180

Updating VA Adjudication Regulations for Disability or Death Benefits Based on Toxic Exposure

2900-AR75

Proposed Rule Stage.

181

Evidence Requirements for Direct Service Connection of Covered Mental Health Conditions Based on In-Service Personal Trauma

2900-AR91

Proposed Rule Stage.

182

Amendments to the Caregivers Program

2900-AR96

Proposed Rule Stage.

183

Revision of Veterans Community Care Program (VCCP) Access Standards

2900-AS00

Proposed Rule Stage.

184

Modifying Copayments for Veterans at High Risk for Suicide

2900-AQ30

Final Rule Stage.

185

Update and Clarify Regulatory Bars to Benefits Based on Character of Discharge

2900-AQ95

Final Rule Stage.

186

Veteran and Spouse Transitional Assistance Grant Program

2900-AR68

Final Rule Stage.

187

Reevaluation of Claims for Dependency and Indemnity Compensation Based on Public Law 117-168

2900-AR76

Final Rule Stage.

188

Presumptive Service Connection for Respiratory Conditions Due to Exposure to Particulate Matter

2900-AR25

Completed Actions.

189

Presumptive Service Connection for Rare Respiratory Cancers Due to Exposure to Fine Particulate Matter

2900-AR44

Completed Actions.

Environmental Protection Agency

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

190

Review of the Secondary National Ambient Air Quality Standards for Ecological Effects of Oxides of Nitrogen, Oxides of Sulfur and Particulate Matter

2060-AS35

Proposed Rule Stage.

191

NSPS for GHG Emissions From New, Modified, and Reconstructed Fossil Fuel-Fired EGUs; Emission Guidelines for GHG Emissions From Existing Fossil Fuel-Fired EGUs; and Repeal of the ACE Rule

2060-AV09

Proposed Rule Stage.

192

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

2060-AV20

Proposed Rule Stage.

193

Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under Subsection (h) of the American Innovation and Manufacturing Act of 2020

2060-AV84

Proposed Rule Stage.

194

Phasedown of Hydrofluorocarbons: Review and Renewal of Eligibility for Application-specific Allowances

2060-AV98

Proposed Rule Stage.

195

1-Bromopropane (1-BP); Regulation Under the Toxic Substances Control Act (TSCA)

2070-AK73

Proposed Rule Stage.

196

Trichloroethylene; Regulation Under the Toxic Substances Control Act (TSCA)

2070-AK83

Proposed Rule Stage.

197

N-Methylpyrrolidone (NMP); Regulation Under the Toxic Substances Control Act (TSCA)

2070-AK85

Proposed Rule Stage.

198

Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act (TSCA)

2070-AK90

Proposed Rule Stage.

199

Revisions to Standards for the Open Burning/Open Detonation of Waste Explosives

2050-AH24

Proposed Rule Stage.

200

Listing of PFOA, PFOS, PFBS, and GenX as Resource Conservation and Recovery Act (RCRA) Hazardous Constituents

2050-AH26

Proposed Rule Stage.

201

Definition of Hazardous Waste Applicable to Corrective Action for Solid Waste Management Units

2050-AH27

Proposed Rule Stage.

202

National Primary Drinking Water Regulations for Lead and Copper: Improvements (LCRI)

2040-AG16

Proposed Rule Stage.

203

National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Commercial Sterilization and Fumigation Operations

2060-AU37

Final Rule Stage.

204

New Source Performance Standards and Emission Guidelines for Crude Oil and Natural Gas Facilities: Climate Review

2060-AV16

Final Rule Stage.

205

Revisions to the Air Emission Reporting Requirements (AERR)

2060-AV41

Final Rule Stage.

206

Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles

2060-AV49

Final Rule Stage.

207

Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles—Phase 3

2060-AV50

Final Rule Stage.

208

Reconsideration of the National Ambient Air Quality Standards for Particulate Matter

2060-AV52

Final Rule Stage.

209

NESHAP: Coal-and Oil-Fired Electric Utility Steam Generating Units-Review of the Residual Risk and Technology Review

2060-AV53

Final Rule Stage.

210

NSPS for the Synthetic Organic Chemical Manufacturing Industry and NESHAP for the Synthetic Organic Chemical Manufacturing Industry and Group I & II Polymers and Resins Industry

2060-AV71

Final Rule Stage.

211

Methylene Chloride (MC); Regulation Under the Toxic Substances Control Act (TSCA)

2070-AK70

Final Rule Stage.

212

Carbon Tetrachloride (CTC); Regulation Under the Toxic Substances Control Act (TSCA)

2070-AK82

Final Rule Stage.

213

Perchloroethylene (PCE); Regulation Under the Toxic Substances Control Act (TSCA)

2070-AK84

Final Rule Stage.

214

Asbestos Part 1 (Chrysotile Asbestos); Regulation of Certain Conditions of Use Under the Toxic Substances Control Act (TSCA)

2070-AK86

Final Rule Stage.

215

Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post Abatement Clearance Levels

2070-AK91

Final Rule Stage.

216

Designating PFOA and PFOS as CERCLA Hazardous Substances

2050-AH09

Final Rule Stage.

217

Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Legacy Surface Impoundments

2050-AH14

Final Rule Stage.

218

Clean Water Act Hazardous Substance Facility Response Plans

2050-AH17

Final Rule Stage.

219

Accidental Release Prevention Requirements: Risk Management Program Under the Clean Air Act; Safer Communities by Chemical Accident Prevention

2050-AH22

Final Rule Stage.

220

Federal Baseline Water Quality Standards for Indian Reservations

2040-AF62

Final Rule Stage.

221

Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights

2040-AG17

Final Rule Stage.

222

PFAS National Primary Drinking Water Regulation Rulemaking

2040-AG18

Final Rule Stage.

223

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

2040-AG23

Final Rule Stage.

Equal Employment Opportunity Commission

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

224

Regulations to Implement the Pregnant Workers Fairness Act

3046-AB30

Final Rule Stage.

Pension Benefit Guaranty Corporation

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

225

Actuarial Assumptions for Determining an Employer's Withdrawal Liability

1212-AB54

Final Rule Stage.

Social Security Administration

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

226

Omitting Food From In-Kind Support and Maintenance Calculations

0960-AI60

Final Rule Stage.

227

Expand the Definition of a Public Assistance (PA) Household

0960-AI81

Final Rule Stage.

228

Nationwide Expansion of the Rental Subsidy Policy for SSI Recipients

0960-AI82

Final Rule Stage.

229

Intermediate Improvement to the Disability Adjudication Process, Including How we Consider Past Work

0960-AI83

Final Rule Stage.

Consumer Product Safety Commission

Sequence No.

Title

Regulation

Identifier No.

Rulemaking stage

230

Regulatory Options for Table Saws

3041-AC31

Proposed Rule Stage.

231

Safety Standard for Residential Gas Furnaces and Boilers

3041-AD70

Proposed Rule Stage.

232

Portable Generators

3041-AC36

Final Rule Stage.

Introduction to the Fall 2023 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.” Executive Order 13563, issued in 2011, and Executive Order 14094, issued in 2023, reaffirmed and amended the requirements of Executive Order 12866.

We are now providing the Fall 2023 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 be continuing their work to implement landmark legislation passed during this Administration, 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), Public Law 117-58. Agencies have also highlighted in their plans and agendas how they have engaged with the public in developing regulatory priorities, as well as future opportunities for engagement.

DEPARTMENT OF AGRICULTURE

Statement of Regulatory Priorities

In 2024, the U.S. Department of Agriculture (USDA) plans to prioritize initiatives that promote growth and new market opportunity in Rural America for our farmers, ranchers, small businesses, and communities, particularly among historically underserved communities, while implementing an expected new 5 year Farm Bill reauthorization for our major agricultural and food programs. USDA further anticipates a Farm Bill reauthorization as an opportunity to strengthen and improve our customer service and delivery combined with IT modernization that fosters 21st century innovation. USDA will use available outreach and communication tools to seek input and engagement from our traditional stakeholders as well as those communities whom we may not have been able to reach in the past but who, like our traditional stakeholders, offer critical implementation input and feedback. In short, we want to know what works, and what doesn't work, from everyone.

In 2024, USDA will seek and promote 21st century innovation initiatives like carbon capture and storage, addressing the effects of climate change such as drought and wildfire risks, and other climate-smart agriculture initiatives. As in the past, USDA will continue to tackle food and nutrition insecurity while maintaining a safe food supply and responding to any disaster and emergency threats impacting the American Farm economy, schools, individual households, and our National Forests. Finally, all of USDA's 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 for our customers.

In 2023, the USDA:

Agricultural Marketing Service published the

Strengthening Organic Enforcement

(SOE) final rule (January 19, 2023, 88 FR 3548) that became effective on March 20, 2023. As required by the 2018 Farm Bill, SOE protects organic integrity and bolsters farmer and consumer confidence in the USDA organic seal by supporting strong organic control systems, improving farm to market traceability, increasing import oversight authority, and providing robust enforcement of the organic regulations. Topics addressed in this rulemaking include: National Organic Program Import Certificates; recordkeeping and product traceability; certifying agent personnel qualifications and training; standardized certificates of organic operation; unannounced on-site inspections of certified operations; oversight of certification activities; foreign conformity assessment systems; certification of producer group operations; labeling of nonretail containers; and, calculating organic content of multi-ingredient products.

Forest Service implemented a final rule on

Special Areas; Roadless Area Conservation; National Forest System Lands in Alaska

(January 27, 2023, 88 FR 5252) that repealed a final rule promulgated in 2020 exempting 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. The rule is consistent with President Biden's Executive Order 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.

In late 2023, the Forest Service plans to publish a proposed rule on Carbon Capture, Utilization, and Storage that would allow exclusive or perpetual right of use or occupancy of National Forest System lands that will allow for permanent carbon dioxide sequestration in order to reduce the impacts of climate

change. Furthermore, the Forest Service plans to publish a Financial Assurance for Locatable Minerals Interim Final rule that will allow equities and private investment-rated securities within trust funds as financial assurance for long-term post-closure obligations, which is crucial for the stewardship and restoration of National Forest System lands affected by mining. Finally, the Forest Service is making several updates to its directives that will strengthen its ability to combat climate change and improve access to, and delivery of, public programs and services by reducing administrative burden—including equitable access to recreation, mitigation of adverse impacts, climate resilience, and its Tribal action plan.

In late 2023, Food and Nutrition Service (FNS) plans to publish an interim final rule (December 2023) that codifies flexibility for rural program operators to provide non-congregate meal service in the Summer Food Service Program (SFSP) and establishes a permanent

Summer Electronic Benefits Transfer for Children Program (Summer EBT).

To gather information for this rulemaking, between April-August 2023, FNS hosted more than 100 listening sessions and information meetings with State agencies, advocacy groups, program operators, and industry partners. For more information about this rule, see RIN 0584-AE96.

In December 2023, FNS also plans to publish a final rule codifying the provisions of the

Access to Baby Formula Act of 2022.

Amongst other things, the rule codifies requirements for State agencies to include language in their Women, Infants and Children (WIC) infant formula rebate contracts that describes remedies in the event of an infant formula recall. This rule was informed by lessons learned and feedback received from State and local agencies, advocacy organizations, and Federal research on the response to recent disasters, the COVID-19 pandemic, and a major WIC product recall. For more information about this rule, see RIN 0584-AE94.

Outlined below are some of USDA's most important upcoming regulatory actions for 2024. 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 planned upcoming regulatory actions.

Foster Sustainable Economic Growth by Promoting Innovation, Building Resilience to Climate Change, and Expanding Renewable Energy

Higher Blends Infrastructure Incentive Program:

Rural Business Cooperative Service (RBCS) Higher Blends Infrastructure Incentive Program (HBIIP): HBIIP is a program designed to increase the sales and use of higher blends of ethanol and biodiesel by expanding the infrastructure for renewable fuels derived from U.S. agricultural products. The program is also intended to encourage a more comprehensive approach to market higher blends by sharing the costs related to building out biofuel-related infrastructure. The program should increase availability of domestic biofuels and give Americans additional cleaner fuel options at the pump. RBCS is proposing a rule to codify the policies and procedures for the program in the Code of Federal Regulations, as this program has a significant impact on climate change which is an Administration priority. Public engagement will occur in early fall of 2023. A virtual listening session will be announced in the

Federal Register

. For more information about this rule, see RIN 0570-AB11.

Foster an Equitable and Competitive Marketplace for All Agricultural Producers

Inclusive Competition and Market Integrity Rules Under the Packers and Stockyards Act:

USDA plans to supplement a recent revision to regulations under the Packers and Stockyards (P&S) Act to prohibit certain prejudices and disadvantages and unjustly discriminatory conduct against covered producers in the livestock, meat, and poultry markets. The proposal (October 3, 2022, 87 FR 60010) set forth prohibited discrimination on the bases of the producer's personal characteristics and identified as prohibited certain 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.

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. This proposal reflects feedback received from public input generated by previous proposed and interim final rules. On June 22, 2010, USDA published in the

Federal Register

(75 FR 35338-35354) a proposed rule recommending several changes to the regulations issued under the Packers and Stockyards Act, 1921, as amended (P&S Act). On December 20, 2016, USDA published a new “Scope” paragraph in the

Federal Register

as an Interim Final Rule “IFR” with a request for comments (81 FR 92566-92594). On October 18, 2017, USDA withdrew the IFR (82 FR 48594-01). Though neither of these proposed rules became a final rule, USDA received, reviewed, and considered public comments. For more information about this rule, see RIN 0581-AE04.

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.

Salmonella Framework:

One of FSIS' top priorities is to develop a more comprehensive and effective strategy to reduce Salmonella illnesses associated with poultry products. The agency gathered data and information and solicited stakeholder input on Salmonella in poultry. FSIS proposed in 2023 to declare that not-ready-to- eat breaded stuffed chicken products that contain Salmonella at levels of 1 colony forming unit per gram or higher in the chicken components are adulterated within the meaning of the Poultry Products Inspection Act (April 28, 2023, 82 FR 26249) and will finalize this determination in 2024. FSIS also plans to propose a new regulatory framework targeted at reducing Salmonella illnesses associated with poultry products and moving closer to the national target of a 25 percent reduction in Salmonella illnesses. For more information about the proposed new regulatory framework, see RIN 0583-AD96.

In addition, FSIS intends to publish several rules to improve regulatory certainty, which assure consumers that

meat, poultry, and egg products are safe and truthfully labeled.

Voluntary Labeling of Meat Products With “Product of USA” and Similar Statements:

FSIS plans to publish a final rule to address concerns that the voluntary “Product of USA” label claim may confuse consumers about the origin of FSIS regulated products. FSIS received 3,364 comments on the proposed rule during a 60-day comment period that FSIS extended to 90 days based on requests from stakeholders. In response to the Agency's consumer research and comments received on the proposed rule, FSIS will define voluntary U.S.-origin label claims so that they are more meaningful to consumers. For more information about this rule, see RIN 0583-AD87.

Labeling of Meat or Poultry Products Comprised of or Containing Cultured Animal Cells; and Revision of the Nutrition Facts Panels for Meat and Poultry Products and Updating Certain Reference Amounts Customarily Consumed:

FSIS will propose to establish new requirements for the labeling of meat and poultry food products made using animal cell culture technology (

i.e.,

“cell-cultured” food products). In advance of the proposed rule, FSIS and FDA held a joint public meeting in October 2018 to discuss the potential hazards, oversight considerations, and labeling of cell-cultured food products derived from livestock and poultry tissue (September 13, 2018, 83 FR 46476). In addition, FSIS published an advanced notice of proposed rulemaking in the

Federal Register

, soliciting public input on the labeling of cell-cultured seafood, meat, and poultry food products (September 3, 2021, 86 FR 49491). FSIS also plans to finalize a labeling rule to update nutrition labeling for meat and poultry products. The two rules would 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 and 0583-AD89.

FNS' Child Nutrition Programs: Revisions to Meal Patterns Consistent with the 2020 Guidelines for Americans:

The final rule 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. Throughout 2022, USDA held over 50 listening sessions with State agencies, school food authorities, advocacy organizations, Tribal dietitians and schools, professional associations, food manufacturers, and other Federal agencies to inform the proposed rule (February 7, 2023, 88 FR 8050). USDA also received extensive input through over 136,000 public comments on the proposed rule during a 60-day comment period that USDA extended to 90 days based on requests from stakeholders. Through this stakeholder engagement, USDA gained valuable insights into the successes and challenges that schools experience implementing the school meal nutrition standards and will use this information to develop a practical and durable final rule. 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 final rule would provide participants with greater choices in variety and food package sizes and align the WIC food packages with available nutrition science. When developing the proposed rule (November 21, 2022, 87 FR 71090), FNS solicited feedback from WIC participants, state and tribal partners, and other government agencies. FNS published the proposed rule with a 90-day comment period and will consider comments received in development of this final rule. For more information about this rule, see RIN 0584-AE82.

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.

Improve Access to, and Delivery of, Public Programs and Services by Reducing Administrative Burden

Forest Service Amendment to Locatable Minerals:

The locatable minerals regulations have remained mostly unchanged since they were first promulgated in 1974. Court cases, government audits, and implementation experience have identified many shortcomings in the current regulations that challenge the agency's ability to efficiently and effectively administer locatable mineral activity on National Forest System lands. The Forest Service is proposing to revise its regulations for administering hard-rock mining activities on National Forest System lands, providing permitting certainty; strong, responsible mining standards; enhanced community and Tribal engagement; and proactive environmental management. To gather public input into this proposed rule, it was preceded by a Locatable Minerals advance notice of proposed rulemaking (ANPR) (September 13, 2018, 83 FR 46451). Following the completion of the comment period for the ANPR, the Forest Service analyzed the comments received and used the information to draft the proposed regulation. For more information about this rule, see RIN: 0596-AD32.

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 constitutes 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

02/00/24

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:

202 720-0219.

RIN:

0581-AE04

USDA—AMS

Final Rule Stage

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 would also clarify the criteria and types of conduct that would be considered unduly or unreasonably preferential, advantageous, prejudicial, or disadvantageous and violations of the Act, including retaliatory practices that interfere with lawful communications, assertion of rights, and associational participation.

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 discriminatory 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

12/00/23

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—FOOD AND NUTRITION SERVICE (FNS)

Final Rule Stage

3. Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Revisions in the WIC Food Packages [0584-AE82]

Priority:

Section 3(f)(1) 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 final rulemaking will 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. In the development of the proposed rule, FNS solicited feedback from WIC participants, state and tribal partners, and other government agencies. FNS published the proposed rule with a 90-day comment period and will consider comments received in development of this final rule.

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 proposed rulemaking's 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

Final Action

04/00/24

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, Specialist, 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

4. Child Nutrition Programs: Revisions to Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans [0584-AE88]

Priority:

Section 3(f)(1) 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 would finalize long-term school nutrition standards based on the Dietary Guidelines for Americans, 2020-2025, and feedback that USDA received from child nutrition program stakeholders through an extensive stakeholder engagement campaign. The 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, this rule would address the Buy American provision, which requires school food authorities to purchase, to the maximum extent practicable, domestic commodities or products for use in the school meal programs. This rulemaking would impact schools that participate in the school meal programs, and for certain rule provisions, facilities and institutions that participate in the Child and Adult Care Food Program and sponsors that participate in the Summer Food Service Program. This rulemaking would also impact participants who receive meals and snacks through the child nutrition programs. USDA received stakeholder input on this rulemaking prior to publishing the proposed rule. Throughout 2022, USDA held over 50 listening sessions with State agencies, school food authorities, advocacy organizations, Tribal stakeholders, professional associations, food manufacturers, and other Federal agencies to inform the proposed rule. USDA also received extensive input through public comments on the proposed rule. Through this stakeholder engagement, USDA gained valuable insights into the successes and challenges that schools experience implementing the school meal nutrition standards and will use this information to develop a practical and durable final rule.

Statement of Need:

The 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:

In the proposed rule, USDA considered two alternative proposals for the milk requirements in school meals, one that would maintain the current requirements and an alternative that would not allow flavored milk for children in grades K-8. USDA also considered two alternatives for the grain requirements in school meals, one that would maintain the current requirements and an alternative that would require all grains to be whole grain-rich, except that one day per week, schools may offer enriched grains. In addition, USDA

considered proposing product-specific total sugars limits (to align with existing CACFP requirements) rather than added sugars limits.

Anticipated Cost and Benefits:

USDA estimated that the proposed rule would cost schools between $0.03 and $0.04 per breakfast and lunch served or between $220 and $274 million annually including both the School Breakfast Program and National School Lunch Program starting in School Year 2024-2025. The costs to schools would mainly be due to a shift in purchasing patterns to products with reduced levels of added sugars and sodium, administrative costs, and increased labor costs for continued sodium reduction over time.

Risks:

None known at this time.

Timetable:

Action

Date

FR Cite

NPRM

02/07/23

88 FR 8050

NPRM

03/31/23

88 FR 19229

NPRM Comment Period End

04/10/23

NPRM Comment Period Extension

05/10/23

Final Rule

04/00/24

Regulatory Flexibility Analysis Required:

No.

Small Entities Affected:

No.

Government Levels Affected:

Local, State.

Federalism:

Undetermined.

Agency Contact:

Michael DePiro, Specialist, 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-AE91

RIN:

0584-AE88

USDA—FNS

5. 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.

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; (2) establish waiver authority to the Secretary of Agriculture to address certain emergencies, disasters, and supply chain disruptions impacting WIC; and (3) require WIC State agencies to develop a plan of alternate operating procedures, commonly referred to as a disaster plan. FNS would make other related technical corrections and updates as necessary to modernize applicable WIC Program regulations. This rule was informed by lessons learned and feedback received from State and local agencies, advocacy organizations, and Federal research on the response to recent disasters, the COVID-19 pandemic, and a major WIC product recall.

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. The required plan of alternate operating procedures would ensure WIC State agencies have plans in place to support the critical need for continuity of operations in the event of a disruption of WIC services, including but not limited to emergency periods, supplemental food recalls, and other supply chain disruptions. 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

12/00/23

Regulatory Flexibility Analysis Required:

No.

Small Entities Affected:

No.

Government Levels Affected:

Local, State.

Agency Contact:

Michael DePiro, Specialist, 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—FNS

6. Interim Final Rule—Implementing Provisions From the Consolidated Appropriations Act, 2023: Establishing the Summer EBT Program and Non-Congregate Option in the Summer Food Service Program [0584-AE96]

Priority:

Section 3(f)(1) Significant. Major status under 5 U.S.C. 801 is undetermined.

Legal Authority:

Pub. L. 117-328

CFR Citation:

7 CFR 225.

Legal Deadline:

Other, Statutory, December 29, 2023, Interim Final Rule.

The Consolidated Appropriations Act, 2023 (Pub. L. 117-328) requires FNS to promulgate regulations to carry out the provisions under section 502 of the Act no later than 1 year after the date of enactment. Public Law 117-328 was enacted on December 29, 2022; therefore, FNS is required to publish an interim final rule by December 29, 2023. However, FNS is aiming for publication by December 15, 2023, in order to ensure the statutory deadline is met.

Abstract:

This interim final rule (IFR) will amend 7 CFR part 225 to codify the flexibility for rural program operators to provide non-congregate meal service in the Summer Food Service program (SFSP). This rule will also establish a new 7 CFR part and codify a new Summer Electronic Benefits Transfer (EBT) for Children Program in this part. The mandate for these changes is found in section 502 of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), which added new section 13a of the Richard B. Russell Nation School Lunch Act (NSLA) to allow rural non-congregate meal service in the SFSP and NSLP Seamless Summer Option (SSO) and created a new section 13a to

establish a permanent Summer EBT Program.

To gather information in support of this rulemaking, between April-August 2023, FNS has hosted more than 100 listening sessions and information meetings to date with State agencies, advocacy groups, Program operators, and industry partners. These listening sessions focused primarily, but not exclusively, on the rural non-congregate meal service option. Additional listening sessions related to Summer EBT are forthcoming. Since the enactment of The Consolidated Appropriations Act, 2023, FNS published guidance that serves as the instructions for state agencies and program operators on how to implement SFSP and SSO rural non-congregate meal service during summer 2023, including guidance on oversight and monitoring pertaining to non-congregate operations to assist program operators. In addition, FNS has published early implementation guidance on Summer EBT for Indian Tribal Organizations and State agencies.

Statement of Need:

The Consolidated Appropriations Act, 2023 (Pub. L. 117-328) established a permanent Summer EBT Program and authorized a rural non-congregate meal service option in the Summer Food Service Program (SFSP), to be promulgated through interim final regulations no later than 1 year after the date of enactment. Accordingly, this interim final rulemaking will amend the SFSP regulations in 7 CFR part 225 and create a new 7 CFR section to allow State agencies and program operators to carry out the statutory provisions of Public Law 117-328. Implementation of this legislation will expand the reach of FNS' summer nutrition programs, providing greater access for communities and families whom the traditional SFSP cannot reliably reach, which in turn will have a lasting impact on how the nutritional needs of children are met during the summer months.

Summary of Legal Basis:

Richard B. Russell National School Lunch Act (NSLA) at 42 U.S.C. 1761 and 1762a.

Alternatives:

The Agency considered alternatives pertaining to the non-congregate meal service provisions in the Summer Food Service Program include the definition of rural, measures to ensure program integrity, meal service models, and State discretion on implementation approaches. For Summer EBT, in addition to the policies included in the interim final rule, the Agency considered alternatives in the areas of State administration, enrollment, EBT issuance and expungement, and program operations for Indian Tribal Organizations.

Anticipated Cost and Benefits:

Implementing the rule's regulatory requirements is expected to add to current program costs at the Federal, State, and local levels, with the majority of costs going towards the establishment and implementation a permanent Summer EBT program. The implementation of this legislation is anticipated to benefit families with children by enabling more such families access to critical nutrition assistance for their children. FNS anticipates that 29 million children currently receiving free or reduced price meals will be eligible for Summer EBT annually. Participation in the SFSP will increase over time by 4.4 million, lifting the number of meals served to children in the summer by more than 380 million.

Risks:

Summer EBT will be the first new FNS nutrition program in decades and will reach millions of children each summer. Crafting implementing regulations will be a complex process as FNS will need to consider and make determinations with regards to a large number of policy decisions. FNS will also need to engage a wide spectrum of stakeholders early in this process to gather input on best practices and effective approaches to implementation. Given the short timeframe to promulgate this IFR, there is a risk that regulations will not publish in time.

Timetable:

Action

Date

FR Cite

Interim Final Rule

12/00/23

Regulatory Flexibility Analysis Required:

Undetermined.

Government Levels Affected:

Local, State.

Agency Contact:

Michael DePiro, Specialist, 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-AE96

USDA—FOOD SAFETY AND INSPECTION SERVICE (FSIS)

Proposed Rule Stage

7. 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:

The Food Safety and Inspection Service (FSIS) is proposing to establish new requirements for the labeling of meat or 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.

Based on FSIS' review of comments on the Advanced Notice of Proposed Rulemaking, the available literature, and the Agency's ongoing interactions with the U.S. Food and Drug Administration (FDA) and industry, FSIS has determined that new regulatory requirements for labeling are necessary to ensure that cell-cultured meat and poultry products are truthfully and accurately labeled. Due to the novel method of production utilized to produce these products, the biological, chemical, nutritional, or organoleptic properties of some cell-cultured products may substantively differ from conventionally produced meat and poultry in a manner that is relevant to consumers. Moreover, these meat and poultry products, unlike any others on the U.S. market, are not derived from slaughter. It is imperative, therefore, that such products display unique labeling terminology that enables consumers to accurately identify the nature and source of such products.

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:

In addition to the option proposed, the Agency would consider alternatives for the requirements for labeling of meat or poultry products made using animal cell culture technology.

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. Consumers would be able to clearly differentiate cell-cultured products from other meat and poultry products to make better informed choices. The proposed rule would benefit industry because all producers would have consistent labels for their products made using animal cell-culture technology. It would also allow producers to design their labels with more certainty because producers would already be aware of FSIS labeling requirements for these products, reducing potential label modification costs.

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

05/00/24

Regulatory Flexibility Analysis Required:

No.

Small Entities Affected:

No.

Government Levels Affected:

None.

Agency Contact:

Melissa Hammar, Director, Regulations Development Staff, Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250-3700,

Phone:

202 286-2255,

Email: melissa.hammar@usda.gov.

RIN:

0583-AD89

USDA—FSIS

8. • Salmonella Framework [0583-AD96]

Priority:

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

Legal Authority:

21 U.S.C. 451

et seq.

CFR Citation:

9 CFR 381.65.

Legal Deadline:

None.

Abstract:

FSIS is proposing a new regulatory framework targeted at reducing

Salmonella

illnesses associated with poultry products. First, FSIS is proposing final product standards that would define whether certain raw poultry products contaminated with certain

Salmonella

levels and serotypes are adulterated and thus prohibited from entering commerce. FSIS is also proposing to revise the regulations that require that all poultry slaughter establishments develop, implement, and maintain written procedures to prevent contamination by enteric pathogens throughout the entire slaughter and dressing operation, by establishing new requirements pertaining to how establishments monitor and document whether their processes for preventing microbial contamination are in control. The proposal also focuses on a non- regulatory approach for controlling

Salmonella

on incoming flocks.

Statement of Need:

While the results of FSIS'

Salmonella

verification sampling show that the Agency's current prevalence-based performance standards approach has been effective in reducing the proportion of poultry products contaminated with

Salmonella,

these measures have not had an observable impact on human illness rates, estimated to be over 1 million annual

Salmonella

illnesses from all sources. Poultry is the leading source of

Salmonella

foodborne illness acquired domestically in the United States. Therefore, in October 2021, FSIS announced that it was mobilizing a stronger, and more comprehensive effort to reduce

Salmonella

illnesses associated with poultry products. As part of this effort, FSIS initiated several activities designed to gather data and information to inform and support future actions related to this new effort. FSIS also held a public meeting in November 2022 to solicit stakeholder input on a draft regulatory framework that the Agency was considering for a new strategy to control

Salmonella

in poultry products and provided an opportunity for stakeholders to submit written comments. After carefully evaluating the written comments and other stakeholder input, along with studies and information that have become available after FSIS made the framework under consideration available to the public, FSIS is proposing a new regulatory framework targeted at reducing

Salmonella

illnesses associated with poultry products.

Summary of Legal Basis:

FSIS regulates the production of poultry prepared for distribution in interstate commerce under the authority of the Poultry Products Inspection Act (PPIA) (21 U.S.C. 451

et seq.

). 21 U.S.C. 455(b) provides that the Secretary shall cause to be made by inspector's post-mortem inspection of the carcass of each bird processed, and at any time reinspection as he deems necessary of poultry and poultry products capable of use as human food. 21 U.S.C. 455(c) requires that all poultry carcasses and other poultry products found to be adulterated be condemned. Under the PPIA, a poultry product is adulterated, among other circumstances, if it bears or contains any poisonous or deleterious substance that may render it injurious to health; it is unhealthful, unwholesome, or otherwise unfit for human consumption; or it was prepared, packaged, or held under unsanitary conditions whereby it may have been rendered injurious to health (21 U.S.C. 453(g)(1), (3), and (4)). Finally, 21 U.S.C. 463(b) provides that the Secretary shall promulgate such other rules and regulations as are necessary to carry out the provisions of the PPIA.

Alternatives:

In addition to the proposed option, FSIS considered an alternative that would keep the current

Salmonella

performance standards. The Agency also considered alternatives for various

Salmonella

levels and serotypes for the proposed final product standards.

Anticipated Cost and Benefits:

FSIS estimates this proposal would benefit society by preventing Salmonella illnesses associated with poultry products. The proposal is also estimated to benefit industry by reducing the risk of illness outbreak-related recalls. The main cost associated with this proposal is the cost to industry associated with maintaining control of products sampled by FSIS for adulterants pending test results.

Risks:

FSIS estimates this proposal would benefit society by preventing Salmonella illnesses associated with poultry products. The proposal is also estimated to benefit industry by reducing the risk of out-break- related recalls. The main cost associated with this proposal is the cost to industry associated with maintaining control of products sampled by FSIS for adulterants pending test results.

Timetable:

Action

Date

FR Cite

NPRM

02/00/24

Regulatory Flexibility Analysis Required:

No.

Government Levels Affected:

None.

Agency Contact:

Melissa Hammar, Director, Regulations Development Staff, Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250-3700,

Phone:

202 286-2255,

Email: melissa.hammar@usda.gov.

RIN:

0583-AD96

USDA—FSIS

Final Rule Stage

9. Revision of the Nutrition Facts Labels 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 parts 317 and 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 market. Firms will incur a one-time cost for relabeling, recordkeeping costs, and costs associated with voluntary reformulation. Many firms have voluntarily begun using the FDA format, which will reduce costs.

Risks:

None.

Timetable:

Action

Date

FR Cite

NPRM

01/19/17

82 FR 6732

NPRM Comment Period End

04/19/17

Final Action

04/00/24

Regulatory Flexibility Analysis Required:

No.

Small Entities Affected:

Businesses.

Government Levels Affected:

None.

Agency Contact:

Melissa Hammar, Director, Regulations Development Staff, Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250-3700,

Phone:

202 286-2255,

Email: melissa.hammar@usda.gov.

RIN:

0583-AD56

USDA—FSIS

10. Voluntary Labeling of FSIS-Regulated Products With U.S. Origin Claims [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.;

7 U.S.C. 1622 and 1624

CFR Citation:

9 CFR 412.3.

Legal Deadline:

None.

Abstract:

The Food Safety and Inspection Service (FSIS) is amending its regulations to define the conditions under which the labeling of meat, poultry, and egg products, as well as voluntarily-inspected products, can bear voluntary statements indicating that the product is of United States (U.S.) origin.

Statement of Need:

FSIS conducted a comprehensive review of the Agency's current voluntary Product of USA labeling policy to help determine what the Product of USA label claim means to consumers of FSIS-regulated products in the U.S. marketplace. FSIS started this review after receiving several petitions stating that the voluntary label claim Product of USA is confusing to consumers. FSIS' review of the policy included a consumer survey on Product of USA labeling on beef and pork products. Based on the consumer survey results, reviews of consumer research, and comments received on the petitions, FSIS is revising its regulations to reduce consumer confusion surrounding current voluntary U.S.-origin labeling policy.

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 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. FSIS also provides voluntary reimbursable inspection services, including label approval, under the Agricultural Marketing Act (AMA) (7 U.S.C. 1622 and 1624) for eligible products not requiring mandatory inspection under the FMIA, PPIA, and EPIA. Under the mandates of the FMIA, PPIA, and EPIA, any meat, poultry, or egg product is misbranded if its labeling is false or misleading in any particular (21 U.S.C. 601(n)(1); 21 U.S.C. 453(h)(1); 21 U.S.C. 1036(b)). FSIS has similar authority under the AMA concerning labels of products receiving voluntary inspection services (7 U.S.C. 1622(h)(1)).

Alternatives:

In addition to the option proposed, the Agency considered the following alternatives: (1) Keeping the current regulatory requirements for U.S.-origin product labeling and taking no proposed regulatory action; and (2) Taking the proposed regulatory action but extending the compliance period for the regulatory changes after publication of the final rule.

Anticipated Cost and Benefits:

Establishments may incur costs associated with voluntarily changing their labels as a result of any revised regulatory requirements. The finale rule is expected to result in quantified industry relabeling, recordkeeping, and market testing costs, which combined are estimated to cost approximately $3 million, annualized at a 7 percent discount rate over 10 years. The changes will benefit consumers by matching the voluntary Product of USA and Made in the USA label claims with the definition that consumers' likely expected,

i.e.,

as product being derived from animals born, raised, slaughtered, and processed in the United States. The final rule will reduce false or misleading U.S. origin labeling and will reduce the market failures associated with incorrect and imperfect information.

Risks:

N/A.

Timetable:

Action

Date

FR Cite

NPRM

03/13/23

88 FR 15290

NPRM Comment Period End

06/11/23

Final Action

03/00/24

Regulatory Flexibility Analysis Required:

No.

Small Entities Affected:

Businesses.

Government Levels Affected:

None.

Agency Contact:

Melissa Hammar, Director, Regulations Development Staff, Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250-3700,

Phone:

202 286-2255,

Email: melissa.hammar@usda.gov.

RIN:

0583-AD87

USDA—FOREST SERVICE (FS)

Proposed Rule Stage

11. Update and Clarification of the Locatable Minerals Regulations [0596-AD32]

Priority:

Other Significant.

Legal Authority:

30 U.S.C. 612

CFR Citation:

36 CFR 228 (A).

Legal Deadline:

None.

Abstract:

The Forest Service proposes the revision of its locatable mineral regulations to better reflect the needs of our national defense, economic prosperity, and environmental stewardship. The agency has identified many challenges in the current regulations, and revising the regulations to address these would allow the Forest Service to better implement its mining regulations. Specifically, the Forest Service is considering in this proposed rule to (1) better meet the purpose of the rule, which is to minimize, to the fullest extent practicable, adverse impacts to surface resources which may result from locatable mineral operations; (2) increase efficiency and transparency in the review process for proposed mineral operations; and (3) increase consistency with the Department of the Interior, Bureau of Land Management (BLM) surface management regulations. This rule will meet the Administration's goals of improving environmental stewardship while also providing more timely response, especially to proposed critical minerals operations.

Statement of Need:

The Forest Service proposes the amendment of its locatable mineral regulations to better reflect the needs of both the Forest Service and mining industry. Despite major changes in the mining industry and many lessons learned through administering minerals activity on National Forest System (NFS) lands, the Forest Service locatable mineral regulations at 36 CFR 228 subpart A (228A) have remained largely unchanged since first published in 1974. Moreover, specific recommendations to revise and update the 228A regulations have been made in two prominent external reports: the 1999 National Research Council publication Hard Rock Mining on Federal Lands and the 2016 Government Accountability Office report Hardrock Mining: BLM and Forest Service Have Taken Some Actions to Expedite the Mine Plan Review Process but Could Do More (GAO-16-165). By addressing recent issues and remedying existing weakness in current regulations that have been identified, the Forest Service would be consistent with the Biden-Harris Administration Fundamental Principles for Domestic Mining Reform by establishing strong responsible mining standards, increasing efficiency in permitting times, and improving environmental, social, and economic outcomes.

Summary of Legal Basis:

The Mining Law of 1872, as amended, confers a statutory right to enter upon certain National Forest System lands to search for locatable minerals. The Organic Act of 1897 authorized the Forest Service to make rules to regulate occupancy and use of the land and preserve the forests from destruction. The Forest Service's existing regulations for administering locatable minerals activity on National Forest System (NFS) lands are found at 36 CFR part 228 subpart A. These rules govern prospecting, exploration, development, mining, and processing operations conducted on National Forest System lands. Under these rules, the Forest Service requires operators proposing to conduct locatable mineral activity which would likely cause significant disturbance of surface resources to obtain prior approval file a plan of operations.

Alternatives:

Proposed Action: Publish a proposed rule and seek public comment on updates to 228A that will significantly improve and clarify requirements related to processing plans of operation, reclamation, and operator financial assurance in the event of default. These changes would support the following Administration priorities:

•

Provide Permitting Certainty:

The proposed rule will modernize Forest Service administration of surface use and occupancy of NFS lands for locatable mining operations, provide additional clarity for operators subject to these regulations, continue to minimize adverse impacts to surface resources on NFS lands, and increase alignment with BLM's mining law regulations which will facilitate coordination for projects that span both agency jurisdictions. Increased detail and clarity in agency regulations will reduce the need for time consuming, back-and-forth information requests to obtain a complete operating plan from proponents.

•

Climate:

The proposed rule requires more detail in operating plan submittals to put greater emphasis on up-front planning and subsequent operational monitoring of mining activity to address potential environmental and public safety impacts of more frequent extreme weather events, and decrease the

likelihood of catastrophic events, such as tailings impoundment failures.

•

Critical Minerals and American Supply Chains:

The demand for minerals produced from federal lands is expected to increase to address green energy and carbon-neutral goals. Many critical minerals are only economic to recover when combined with the recovery of a host mineral. The proposed rule clarifies many aspects of administering locatable mining activity on NFS land which is expected to increase agency efficiency, reduce processing time, and facilitate sustainable exploration and development of all locatable mineral deposits, including those containing critical minerals.

•

Meaningful Consultation with Tribal Nations:

The proposed rule's detailed requirements for operating plan submittals will enhance consultation with Tribal Nations through the availability of more information earlier in the process to better assess potential impacts to sacred sites and treaty rights.

•

Conserving Lands and Waters (30 by 30):

The proposed rule expands surface resource protection requirements, agency enforcement options, and financial guarantee provisions to minimize the impact of hardrock mining activity to NFS land and water and will reduce the risk and consequences of legacy pollution.

•

Economy:

Hardrock exploration and mining activity generates jobs in many rural communities adjacent to NFS lands. Mining companies pay income and many other taxes to federal and state governments. For every job at a mine, there's another job in the regional economy that exists because of the mining operation. The locatable mining industry in 2018 supported more than 7,800 direct and indirect jobs. Through more efficient administration of hardrock activity, the Forest Service can better implement federal policy to foster and encourage private enterprise in the sustainable development of domestic resources which would benefit local economies as well as decrease vulnerability to national supply chains.

No Action:

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

Anticipated Cost and Benefits:

Anticipated costs include increased costs to industry in providing more detail in submitting plans of operation. However, a substantial cost savings for the Forest Service is expected from more modern and efficient agency review and approval of plans of operations.

Anticipated benefits of the updates to 228A would stem from more modern and efficient agency review and approval of plans of operations. The benefits to industry derive from timelier development of, access to, and use of locatable minerals on National Forest System lands. Expedited access and development of locatable mineral resources is expected to result in an increase in the time value of revenues generated by locatable operations. A potential benefit to the public of facilitating access to National Forest System lands is the increased opportunity to develop domestic sources of strategic and critical minerals which would decrease vulnerability to American supply chains. Most importantly, benefits to the public from the proposed rule are the continued protection, and in some cases, increased assurance about protection of ecosystems and corresponding goods and services from the potential damages of locatable mining activities.

Risks:

Not applicable.

Timetable:

Action

Date

FR Cite

ANPRM

09/13/18

83 FR 46451

ANPRM Comment Period End

10/15/18

NPRM

08/00/24

Regulatory Flexibility Analysis Required:

Undetermined.

Government Levels Affected:

Federal.

Agency Contact:

Nathan Morris, Department of Agriculture, Forest Service, 1400 Independence Avenue SW, Washington, DC 20250,

Phone:

202 205-0833,

Email: nathan.morris@usda.gov.

RIN:

0596-AD32

USDA—RURAL BUSINESS—COOPERATIVE SERVICE (RBS)

Proposed Rule Stage

12. • Higher Blends Infrastructure Incentive Program [0570-AB11]

Priority:

Section 3(f)(1) Significant. Major status under 5 U.S.C. 801 is undetermined.

Legal Authority:

5 U.S.C. 301; 7 U.S.C. 1989

CFR Citation:

Not Yet Determined.

Legal Deadline:

None.

Abstract:

The Higher Blends Infrastructure Program (HBIIP) is a program designed to increase the sales and use of higher blends of ethanol and biodiesel by expanding the infrastructure for renewable fuels derived from U.S. agricultural products. The program is also intended to encourage a more comprehensive approach to market higher blends by sharing the costs related to building out biofuel-related infrastructure. The program should increase availability of domestic biofuels and give Americans additional cleaner fuel options at the pump.

RBCS is proposing a rule to codify the policies and procedures for the program in the Code of Federal Regulations, as this program has a significant impact on climate change which is an administration priority. The proposed rule is intended to seek comment on codification of existing authorities provided through statutory language on eligibility requirements, types and terms of funding, program requirements and processing procedures.

RBCS intends to conduct public engagement to hear from stakeholders and potential applicants about what they would like to see in the regulation as well as what has worked and what has not worked in the past. This program has been implemented for multiple years, so the public should have some input on what has worked and what has not in the past. RBCS is looking for suggestions and input both from those who have applied in the past and those that did not, why they opted not to and if the program could do anything to encourage new applicants.

Targeted primary stakeholders include owners of fueling station owners, convenience store, and fleets, including auto, truck, rail and marine, and their industry associations. Secondary stakeholders include equipment manufacturers, distributors, and installers; State Energy Offices and State Departments of Agriculture; biofuel producers and farmers/agricultural producers and their industry associations; EPA, DOT, DOE, and other Federal agencies; and other stakeholders and groups with related interests such as environmental and health.

Statement of Need:

The purpose HBIIP is to increase significantly the sales and use of higher blends of ethanol and bio diesel by expanding the infrastructure for renewable fuels derived from U.S. agricultural products. The program is also intended to encourage a more comprehensive approach to market higher blends by sharing the costs related to building out biofuel-related infrastructure. Currently, the Rural Business-Cooperative Service (RBCS) implements the program through a Notice of Funding Opportunity. This program was initially implemented in fiscal year 2020 through a Notice of Funding Opportunity and under the Commodity Credit Corporation (CCC) authority. In fiscal

year 2023 this was included in IRA and under RBCS authority and a Notice of Funding Opportunity was yet again issued. RBCS is proposing a rule to codify the policies and procedures for the program in the Code of Federal Regulations as this program has a significant impact on climate change which is an administration priority.

Summary of Legal Basis:

This regulatory action is not required by statute or court order; however, the underlying statutes authorizing RBCS to create these regulations are 5 U.S.C. 301 and 7 U.S.C. 1989.

Alternatives:

The alternative to rulemaking is to continue to operate the program through issuance of a Notice of Funding Opportunity to announce application windows and applicable requirements for the program.

Anticipated Cost and Benefits:

The Agency does not expect the new regulation to result in additional costs to applicants or the government.

Risks:

At this time, the Agency has not completed risk analysis for this action.

Timetable:

Action

Date

FR Cite

Proposed Rule

06/00/24

Regulatory Flexibility Analysis Required:

No.

Government Levels Affected:

None.

Agency Contact:

Jeffrey Carpenter, HBIIP Program Manager, Department of Agriculture, Rural Business-Cooperative Service, 1400 Independence Avenue SW, Washington, DC 20250,

Phone:

402 437-5554,

Email: jeff.carpenter@usda.gov.

RIN:

0570-AB11

BILLING CODE 3410-90-P

DEPARTMENT OF COMMERCE

Statement of Regulatory Priorities

Established in 1903, the Department of Commerce (Commerce or Department) is one of the oldest Cabinet-level agencies in the Federal Government. Commerce's mission is to create the conditions for economic growth and opportunity across all American communities by promoting innovation, entrepreneurship, competitiveness, and environmental stewardship. Commerce has 12 operating units, which manage a diverse portfolio of programs and services ranging from trade promotion and economic development assistance to improved broadband access and the National Weather Service, and from standards development and statistical data production, including the decennial census, to patents and fisheries management. Across these varied activities, the Department seeks to provide a foundation for a more equitable, resilient, and globally competitive economy.

To fulfill its mission, Commerce works in partnership with businesses, educational institutions, community organizations, government agencies, and individuals to:

•

Innovate

by supporting the creation of new ideas through cutting-edge science and technology, from advances in nanotechnology to ocean exploration to broadband deployment, and by protecting American innovations through the patent and trademark system;

• Support

entrepreneurship and commercialization

by enabling community development and strengthening opportunities for minority and other underserved businesses and small businesses;

• Maintain U.S. economic

competitiveness

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

• Provide effective

management and stewardship

of our nation's resources and assets to ensure sustainable economic opportunities; and

• Make informed policy decisions and enable better understanding of the economy and our communities by providing timely, accessible, and accurate economic and demographic data.

Commerce's Regulatory Plan tracks the most important regulations that the Department anticipates issuing to implement these policy and program priorities and foster sustainable and equitable growth. Of Commerce's 12 primary operating units, three bureaus—the National Oceanic and Atmospheric Administration (NOAA), the United States Patent and Trademark Office (USPTO), and the Bureau of Industry and Security (BIS)—issue the vast majority of the Department's regulations, and these three bureaus account for all the planned actions that are considered the Department's highest priority pre-regulatory or regulatory actions for FY 2024.

Consistent with Executive Order 14094, moreover, the Department and its bureaus routinely seek to inform their rulemaking with meaningful opportunities for public input. The efforts of NOAA, USPTO, and BIS to promote public engagement are discussed in their respective sections, below.

National Oceanic and Atmospheric Administration

NOAA's mission is built on three pillars: science, service, and stewardship—to understand and predict changes in climate, weather, oceans, and coasts; to share that knowledge and information with others; and to conserve and manage coastal and marine ecosystems and resources.

At its core, NOAA is a scientific agency. It observes, measures, monitors, and collects data from the depths of the ocean to the surface of the sun, and it does so following principles of scientific integrity. These data are turned into weather and climate models and forecasts that are then used for everything from local weather forecasts to predicting the movement of wildfire smoke to identifying the impacts of climate change on fisheries and living marine resources.

With respect to service, NOAA not only collects data but seeks to make it operational. By providing Federal, State, local, Tribal government partners, the private sector, and the public with actionable environmental information, NOAA can facilitate decision-making in the face of climate change. Such decisions can range from businesses planning the location of offices; insurance companies trying to incorporate climate risk into their insurance policies; and municipalities looking to ensure that plans for construction of new housing developments will be resilient to the effects of climate change.

The final pillar of NOAA's mission is stewardship. NOAA seeks to conserve our lands, waters, and natural resources, protecting people and the environment now and for future generations. As part of Commerce, moreover, NOAA recognizes that economic growth must go hand-in-hand with environmental stewardship. For example, the nation's fisheries enhance the nation's productivity and long-term economic growth while ensuring sustainability. Similarly, national marine sanctuaries both protect important natural resources and are significant drivers of eco-tourism and local recreation.

Within NOAA, the National Marine Fisheries Services (NMFS) and the National Ocean Service (NOS) are the components that most often exercise regulatory authority to implement NOAA's mission. NMFS oversees the management and conservation of the nation's marine fisheries; protects marine mammals and Endangered

Species Act (ESA)-listed marine and anadromous species; and promotes economic development of the U.S. fishing industry. NOS assists the coastal states in their management of land and ocean resources in their coastal zones, including estuarine research reserves; manages national marine sanctuaries; monitors marine pollution; and directs the national program for deep-seabed minerals and ocean thermal energy.

Many of NOAA's rulemakings are issued pursuant to the following key statutes:

Magnuson-Stevens Fishery Conservation and Management Act

Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) rulemakings concern the conservation and management of fishery resources in the U.S. Exclusive Economic Zone (generally 3-200 nautical miles from shore). As itemized in the Unified Agenda, NOAA plans to take several hundred actions in FY 2024 under Magnuson-Stevens Act authority. With certain exceptions, rulemakings under the Magnuson-Stevens Act are usually initiated by the actions of eight regional Fishery Management Councils (Councils). The Magnuson-Stevens Act provides a robust public process for managing our nation's fisheries through the work of the Councils. Throughout the Council process, there is significant opportunity for public engagement, including participating on advisory panels, providing testimony at public hearings, and commenting on Council actions. These Councils are comprised of representatives from the commercial and recreational fishing sectors, environmental groups, academia, and Federal and State government, and they are responsible for preparing fishery management plans (FMPs) and FMP amendments, and for recommending implementing regulations for each managed fishery. This unique management system gives fishery managers the flexibility to use local level input to develop management strategies appropriate for each region's unique fisheries, challenges, and opportunities. FMPs address a variety of issues, including maximizing fishing opportunities on healthy stocks, rebuilding overfished stocks, and addressing gear conflicts. After considering the Councils' recommendations in light of the standards and requirements set forth in the Magnuson-Stevens Act and in other applicable laws, NOAA may issue regulations to implement the proposed FMPs and FMP amendments.

Marine Mammal Protection Act

The Marine Mammal Protection Act of 1972 (MMPA) provides authority for the conservation and management of marine mammals under U.S. jurisdiction. It expressly prohibits, with certain exceptions, the intentional take of marine mammals. The MMPA allows, upon request and subsequent authorization, the incidental take of marine mammals by U.S. citizens who engage in a specified activity (

e.g.,

oil and gas development, pile driving) within a specified geographic region. NMFS authorizes incidental take under the MMPA if it finds that the taking would be of small numbers, have no more than a “negligible impact” on those marine mammal species or stock, and would not have an “unmitigable adverse impact” on the availability of the species or stock for “subsistence” uses. NMFS also initiates rulemakings under the MMPA to establish a management regime to reduce marine mammal mortalities and injuries as a result of interactions with fisheries. In addition, the MMPA allows NMFS to permit the take or import of wild animals for scientific research or public display or to enhance the survival of a species or stock.

Endangered Species Act

The Endangered Species Act of 1973 (ESA) provides for the conservation of species that are determined to be “endangered” or “threatened,” and the conservation of the ecosystems on which these species depend. NMFS and the Department of Interior's Fish and Wildlife Service (FWS) jointly administer the provisions of the ESA: NMFS manages marine and several anadromous species, and FWS manages land and freshwater species. Together, NMFS and FWS work to protect critically imperiled species from extinction. NMFS rulemaking actions under the ESA are focused on determining whether any species under its responsibility is an endangered or threatened species and whether those species must be added to the list of protected species. NMFS is also responsible for designating, reviewing and revising critical habitat for any listed species. In addition, as indicated in the list of highlighted actions below, NMFS and FWS may also issue rules clarifying how particular provisions of the ESA will be implemented.

The National Marine Sanctuaries Act

The National Marine Sanctuaries Act (NMSA) authorizes the Secretary of Commerce to designate and protect as national marine sanctuaries areas of the marine environment with special national significance due to their conservation, recreational, ecological, historical, scientific, cultural, archeological, educational, or aesthetic qualities. The primary objective of the NMSA is to protect marine resources, such as coral reefs, sunken historical vessels, or unique habitats.

NOAA's Office of National Marine Sanctuaries (ONMS), within NOS, has responsibility for management of national marine sanctuaries. ONMS regulations, issued pursuant to NMSA, prohibit specific kinds of activities, describe and define the boundaries of the designated national marine sanctuaries, and set up a system of permits to allow the conduct of certain types of activities that would otherwise not be allowed.

These regulations can, among other things, regulate and restrict activities that may injure natural resources, including all extractive and destructive activities, consistent with community-specific needs and NMSA's purpose to “facilitate to the extent compatible with the primary objective of resource protection, all public and private uses of the resources of these marine areas.” In FY 2024, NOAA is expected to have at least three regulatory actions under NMSA.

Coastal Zone Management Act

The Coastal Zone Management Act (CZMA) was passed in 1972 to preserve, protect, and develop and, where possible, to restore and enhance the resources of the nation's coastal zone. The CZMA creates a voluntary state-federal partnership, where coastal states (States in, or bordering on, the Atlantic, Pacific or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes), may elect to develop comprehensive programs that meet federal approval standards. Currently, 34 of the 35 eligible entities are implementing a federally approved coastal management plan approved by the Secretary of Commerce.

NOAA's Regulatory Plan Actions

Of the numerous regulatory actions that NOAA is planning for this year, of which approximately 21 are expected to be determined to be significant rulemaking under E.O. 12866, there are four, described below, that the Department considers to be of particular importance.

1.

Illegal, Unreported, and Unregulated Fishing; Fisheries Enforcement; High Seas Driftnet Fishing Moratorium Protection Act (0648-BG11):

This proposed rule makes conforming amendments to regulations

implementing various statutes amended by the Illegal, Unreported and Unregulated Fishing Enforcement Act of 2015. The Act provides the authority to implement two new international agreements under the Antigua Convention and the United Nations Food and Agriculture Organization Agreement on Port State Measures to Prevent, Deter,

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