Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-2026
Federal RegisterAug 14, 2026
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REGULATORY INFORMATION SERVICE CENTER
Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-2026
AGENCY:
Regulatory Information Service Center.
ACTION:
Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions.
SUMMARY:
Publication of the 2026 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. 14192, “Unleashing Prosperity Through Deregulation.” 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) 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 2026 Unified Agenda contains 78 Federal agency regulatory agendas available to the public at
www.reginfo.gov.
The 2026 Unified Agenda publication appearing in the
Federal Register
includes the 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 (TTS), 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: Amber Van Amburg, Director, Regulatory Information Service Center (TTS), 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 Unified Agenda of Federal Regulatory and Deregulatory Actions
I. What is the Unified Agenda?
II. Why is the Unified Agenda published?
III. How is 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?
Agency Agendas
Cabinet Departments
Department of Agriculture
Department of Commerce
Department of War
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 State
Department of Transportation
Department of the Treasury
Department of the Veterans Administration
Other Executive Agencies
Appraisal Subcommittee of the FFIEC
Advisory Council on Historic Preservation
Agency for International Development
Architectural and Transportation Barriers Compliance Board
Committee for Purchase From People Who Are Blind or Severely Disabled
Commodity Futures Trading Commission
Consumer Financial Protection Bureau
Consumer Product Safety Commission
Corporation for National and Community Service
Council on Environmental Quality
Court Services and Offender Supervision Agency for the District of Columbia
Defense Nuclear Facilities Safety Board
Delta Regional Authority
Environmental Protection Agency
Equal Employment Opportunity Commission
Export-Import Bank of the United States
Farm Credit Administration
Federal Communications Commission
Federal Deposit Insurance Corporation
Federal Energy Regulatory Commission
Federal Housing Finance Agency
Federal Labor Relations Authority
Federal Maritime Commission
Federal Mediation Conciliation Services
Federal Permitting Improvement Steering Council
Federal Reserve System
Federal Retirement Thrift Investment Board
Federal Trade Commission
Institute of Museum and Library Services
General Services Administration
Gulf Coast Ecosystem Restoration Council
Marine Mammal Commission
Millennium Challenge Corporation
Merit Systems Protection Board
National Aeronautics and Space Administration
National Archives and Records Administration
National Credit Union Administration
National Endowment for the Arts
National Endowment for the Humanities
National Indian Gaming Commission
National Science Foundation
National Transportation Safety Board
Nuclear Regulatory Commission
Office of Government Ethics
Office of Management and Budget
Office of National Drug Control Policy
Office of the National Cyber Director
Office of Personnel Management
Peace Corps
Pension Benefit Guaranty Corporation
Postal Regulatory Commission
Presidio Trust
Railroad Retirement Board
Securities and Exchange Commission
Selective Service System
Small Business Administration
Social Security Administration
Surface Transportation Board
Tennessee Valley Authority
U.S. Agency for Global Media
U.S. Chemical Safety and Hazard Investigation Board
U.S. Election Assistance Commission
Joint Authority
Department of War/General Services Administration/National Aeronautics and Space Administration (Federal Acquisition Regulation)
Regulatory Flexibility Agendas
Cabinet Departments
Department of Agriculture
Department of Commerce
Department of War
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
Consumer Financial Protection Bureau
Consumer Product Safety Commission
Environmental Protection Agency
Federal Communications Commission
Federal Energy Regulatory Commission
Federal Trade Commission
Institute of Museum and Library Services
General Services Administration
National Archives and Records Administration
Nuclear Regulatory Commission
Office of Management and Budget
Securities and Exchange Commission
Small Business Administration
Surface Transportation Board
Joint Authority
Department of War/General Services Administration/National Aeronautics and Space Administration (Federal Acquisition Regulation)
INTRODUCTION TO THE UNIFIED AGENDA OF FEDERAL REGULATORY AND DEREGULATORY ACTIONS
I. What is the Unified Agenda?
The Unified Agenda provides information about regulations that the Government is considering or reviewing. The Unified Agenda has appeared in the
Federal Register
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 78 Federal agencies. Agencies of the United States Congress are not included.
The 2026 Unified Agenda publication appearing in the
Federal Register
consists of the 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 regulatory agendas for agencies not publishing Regulatory Flexibility Agendas are listed below and are available to the public at
www.reginfo.gov.
Cabinet Departments
Department of Education
Department of Housing and Urban Development
Department of State
Department of Veterans Affairs
Other Executive Agencies
Advisory Council on Historic Preservation
Agency for International Development
Architectural and Transportation Barriers Compliance Board
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
Export-Import Bank of the United States
Federal Labor Relations Authority
Federal Mediation Conciliation Service
Merit Systems Protection Board
National Aeronautics and Space Administration
National Endowment for the Arts
National Endowment for the Humanities
National Science Foundation
Office of Government Ethics
Office of National Drug Control Policy
Office of the National Cyber Director
Office of Personnel Management
Peace Corps
Pension Benefit Guaranty Corporation
Presidio Trust
Railroad Retirement Board
Selective Service System
Social Security Administration
Tennessee Valley Authority
U.S. Agency for Global Media
Appraisal Subcommittee of the FFIEC
Commodity Futures Trading Commission
Defense Nuclear Facilities Safety Board
Delta Regional Authority
Farm Credit Administration
Federal Deposit Insurance Corporation
Federal Housing Finance Agency
Federal Maritime Commission
Federal Permitting Improvement Steering Council
Federal Reserve System
Federal Retirement Thrift Investment Board
Gulf Coast Ecosystem Restoration Council
Marine Mammal Commission
Millennium Challenge Corporation
National Credit Union Administration
National Indian Gaming Commission
National Transportation Safety Board
Postal Regulatory Commission
U.S. Chemical Safety and Hazard Investigation Board
U.S. Election Assistance Commission
The Regulatory Information Service Center compiles the Unified Agenda for the Office of Information and Regulatory Affairs (OIRA), part of the Office of Management and Budget. OIRA is responsible for overseeing the Federal Government's regulatory, paperwork, and information resource management activities, including implementation of Executive Order 12866, 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 is the Unified Agenda published?
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 14192
Executive Order 14192, “Unleashing Prosperity Through Deregulation,” signed January 31, 2025, (90 FR 9065) requires that for every one new regulation issued, at least ten prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting 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 historically 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 is the Unified Agenda organized?
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 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 historically 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.
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
As defined in Executive Order 12866, a rulemaking action that will have an annual effect on the economy of $100 million or more or will adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. The definition of an “economically significant” rule is similar but not identical to the definition of a “major” rule under 5 U.S.C. 801 (Pub. L. 104-121). (See below.)
(2) Other Significant
A rulemaking that is not Economically Significant but is considered Significant by the agency. This category includes rules that the agency anticipates will be reviewed under Executive Order 12866, as amended, or rules that are a priority of the agency head.
(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 historically 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.
Relevant Executive Order
—the top three to five EOs that direct or necessitate the regulatory action. This excludes EOs of general applicability such as E.O. 12866 or 14192.
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 12/00/24 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.
E.O. 14192 Designation—
the preliminary E.O. 14192 designation as defined by Guidance: “deregulatory,” “regulatory,” “exempt,” “waived,” “other.” A similar menu will accompany Information Collection Request (ICR) submissions.
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.” Historically 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 2024.
Agency Contact
—the name and phone number of at least one person in the agency who is knowledgeable about the rulemaking action. The agency may also provide the title, address, fax number, email address, and TDD for each agency contact.
Some agencies have provided the following optional information:
RIN Information URL
—the internet address of a site that provides more information about the entry.
Public Comment URL
—the internet address of a site that will accept public comments on the entry.
Alternatively, timely public comments may be submitted at the Governmentwide e-rulemaking site,
www.regulations.gov.
Additional Information
—any information an agency wishes to include that does not have a specific corresponding data element.
Compliance Cost to the Public
—the estimated gross compliance cost of the action.
Affected Sectors
—the industrial sectors that the action may most affect, either directly or indirectly. Affected sectors are identified by North American Industry Classification System (NAICS) codes.
Energy Effects
—an indication of whether the agency has prepared or plans to prepare a Statement of Energy Effects for the action, as required by Executive Order 13211 “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” signed May 18, 2001 (66 FR 28355).
Related RINs
—one or more past or current RIN(s) associated with activity related to this action, such as merged RINs, split RINs, new activity for previously completed RINs, or duplicate RINs.
Statement of Need
—a description of the need for the regulatory action.
Summary of the Legal Basis
—a description of the legal basis for the action, including whether any aspect of the action is required by statute or court order.
Alternatives
—a description of the alternatives the agency has considered or will consider as required by section 4(c)(1)(B) of Executive Order 12866.
Anticipated Costs and Benefits
—a description of preliminary estimates of the anticipated costs and benefits of the action.
Risks
—a description of the magnitude of the risk the action addresses, the amount by which the agency expects the action to reduce this risk, and the relation of the risk and this risk reduction effort to other risks and risk reduction efforts within the agency's jurisdiction.
V. Abbreviations
The following abbreviations appear throughout this publication:
ANPRM
—An Advance Notice of Proposed Rulemaking is a preliminary notice, published in the
Federal Register
, announcing that an agency is considering a regulatory action. An agency may issue an ANPRM before it develops a detailed proposed rule. An ANPRM describes the general area that may be subject to regulation and usually asks for public comment on the issues and options being discussed. An ANPRM is issued only when an agency believes it needs to gather more information before proceeding to a notice of proposed rulemaking.
CFR
—The Code of Federal Regulations is an annual codification of the general and permanent regulations published in the
Federal Register
by the agencies of the Federal Government. The Code is divided into 50 titles, each title covering a broad area subject to Federal regulation. The CFR is keyed to and kept up to date by the daily issues of the
Federal Register
.
E.O.
—An Executive order is a directive from the President to Executive agencies, issued under constitutional or statutory authority. Executive orders are published in the
Federal Register
and in title 3 of the Code of Federal Regulations.
FR
—The
Federal Register
is a daily Federal Government publication that provides a uniform system for publishing Presidential documents, all
proposed and final regulations, notices of meetings, and other official documents issued by Federal agencies.
FY
—The Federal fiscal year runs from October 1 to September 30.
NPRM
—A Notice of Proposed Rulemaking is the document an agency issues and publishes in the
Federal Register
that describes and solicits public comments on a proposed regulatory action. Under the Administrative Procedure Act (5 U.S.C. 553), an NPRM must include, at a minimum: A statement of the time, place, and nature of the public rulemaking proceeding;
Legal Authority
—A reference to the legal authority under which the rule is proposed; and either the terms or substance of the proposed rule or a description of the subjects and issues involved.
Pub. L.
—A public law is a law passed by Congress and signed by the President or enacted over his veto. It has general applicability, unlike a private law that applies only to those persons or entities specifically designated. Public laws are numbered in sequence throughout the 2-year life of each Congress; for example, Public Law 112-4 is the fourth public law of the 112th Congress.
RFA
—A Regulatory Flexibility Analysis is a description and analysis of the impact of a rule on small entities, including small businesses, small governmental jurisdictions, and certain small not-for-profit organizations. The Regulatory Flexibility Act (5 U.S.C. 601
et seq.
) requires each agency to prepare an initial RFA for public comment when it is required to publish an NPRM and to make available a final RFA when the final rule is published, unless the agency head certifies that the rule would not have a significant economic impact on a substantial number of small entities.
RIN
—The Regulation Identifier Number is assigned by the Regulatory Information Service Center to identify each regulatory action listed in the 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 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.
David Cochennic On behalf of Amber Van Amburg,
Director.
Introduction to the 2026 Regulatory Plan
Thanks to President Donald J. Trump's historic deregulatory efforts to kick off his second term in office, a new era of American prosperity is upon us. After four years of stifling overregulation and astonishing government weaponization, 2025 marked the first chapter of the latest American comeback story under President Trump. Now, the President is writing the next chapter. America is in a new Golden Age.
This 2026 Unified Regulatory Agenda and Regulatory Plan details the many ways that the Trump Administration is continuing to put America—and Americans—first. Taken together, the deregulatory actions in this Regulatory Plan will achieve extraordinary cost savings for Americans that will underscore the President's unmatched deregulatory record. Equally important, the Trump Administration's Regulatory Plan will promote liberty, unleash American energy dominance, preserve products consumers love, and eradicate the ideology of Diversity, Equity, and Inclusion (DEI).
The North Star of this Regulatory Plan is improving the lives of Americans. At its core, this document outlines how the Trump Administration is promoting economic growth, jobs, and affordability. The President's bold deregulatory efforts yielded $211.8 billion in cost savings for Americans in Fiscal Year 2025—a level of regulatory savings never before achieved in American history. Yet Fiscal Year 2026 will go far beyond even that number with a record-setting $1.5 trillion in projected cost savings.
President Trump is improving the American people's lives beyond economic cost savings. The federal government has imposed onerous restrictions on everything from the cars that Americans may drive to the appliances that they can use in their homes. This Regulatory Plan will continue President Trump's heroic restoration of our immigration laws and sealing of the border, end DEI in federal regulations, and restore sanity to the operations of government.
President Trump's Regulatory Plan advances an affirmative vision of American greatness. In the 250 years since the signing of the Declaration of Independence, the United States has grown from a loose collection of colonies to the greatest Nation that the world has ever known. And in this 250th year, as America marks yet another great milestone in her history, this Regulatory Plan embodies the spirit of the Declaration: our rights come from God, not government. I am therefore proud to share President Trump's Regulatory Plan for 2026, which offers a window into how the Trump Administration plans to continue solidifying America's Golden Age as we look ahead to the Republic's next 250 years.
Mark Paoletta
General Counsel Performing the Delegated Duties of the OIRA Administrator
Department of Agriculture
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
1
Revise Conditions for Payment of Indemnity and Compensation for HPAI
0579-AE79
Final Rule Stage.
2
Streamlining the Community Facilities Regulation, 7 CFR 3570, Subpart E (Servicing)
0575-AD20
Final Rule Stage.
3
Strengthening Integrity and Reducing Retailer Fraud in the Supplemental Nutrition Assistance Program (SNAP)
0584-AE71
Proposed Rule Stage.
4
Enhancing Electronic Benefit Transfer (EBT) Card Security Measures
0584-AE99
Proposed Rule Stage.
5
Supplemental Nutrition Assistance Program: Modification to Work Requirements for Able-Bodied Adults
0584-AF09
Proposed Rule Stage.
6
Supplemental Nutrition Assistance Program: Reforming Categorical Eligibility
0584-AF10
Proposed Rule Stage.
7
Amendment of definition of “eligible food” in the Supplemental Nutrition Assistance Program (SNAP)
0584-AF14
Proposed Rule Stage.
8
Supplemental Nutrition Assistance Program: Alien Eligibility
0584-AF23
Proposed Rule Stage.
9
Enhancing Integrity in Non-Congregate Meal Service in the Summer Meal Programs
0584-AF24
Proposed Rule Stage.
10
Combating Fraud in the Child and Adult Care Food Program and the Summer Food Service Program
0584-AF25
Proposed Rule Stage.
11
Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Program Integrity
0584-AF26
Proposed Rule Stage.
12
Special Supplemental Nutrition Program for Women, Infants and Children (WIC): WIC Online Ordering and Transactions and Food Delivery Revisions to Meet the Needs of a Modern, Data-Driven Program
0584-AE85
Final Rule Stage.
13
Updated Staple Food Stocking Standards for Retailers in the Supplemental Nutrition Assistance Program
0584-AF12
Final Rule Stage.
14
Maximum Line Speed Rates for Young Chicken and Turkey Establishments Operating Under the New Poultry Inspection System
0583-AE01
Proposed Rule Stage.
15
Maximum Line Speed under the New Swine Slaughter Inspection System (NSIS)
0583-AE02
Proposed Rule Stage.
16
Modernization of Beef Slaughter Inspection
0583-AE08
Proposed Rule Stage.
17
Revision of the Nutrition Facts Labels for Meat and Poultry Products and Updating Certain Reference Amounts Customarily Consumed
0583-AD56
Final Rule Stage.
18
Special Areas: Roadless Area Conservation Repeal
0596-AD66
Proposed Rule Stage.
Department of Commerce
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
19
Endangered and Threatened Wildlife and Plants; Regulations for Listing Species and Designating Critical Habitat
0648-BN70
Proposed Rule Stage.
20
Endangered and Threatened Wildlife and Plants; Interagency Cooperation Regulations
0648-BN79
Proposed Rule Stage.
21
Setting and Adjusting Patent Fees
0651-AD88
Proposed Rule Stage.
Department of War
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
22
Solicitation Provisions and Contract Clauses
0790-AK52
Final Rule Stage.
23
National Industrial Security Program Operating Manual (NISPOM); Second Amendment
0790-AL52
Final Rule Stage.
24
Cybersecurity Maturity Model Certification (CMMC) Program
0790-AM01
Final Rule Stage.
25
Updated Definition of “Waters of the United States”
0710-AB59
Proposed Rule Stage.
26
TRICARE Removal of Temporary Regulation Change and Freestanding End-Stage Renal Disease (ESRD) Facilities as TRICARE-Authorized Institutional Providers and Reimbursement Methods for ESRD facilities
0720-AB85
Final Rule Stage.
Department of Education
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
27
Elimination of Disparate Impact Theory Under Title VI of the 1964 Civil Rights Act
1870-AA20
Final Rule Stage.
28
Implementation of Title IX based on Definition of “Sex” Identified in EO 14168
1870-AA23
Final Rule Stage.
29
Documentation of Foreign Source Gifts and Contracts, Section 117 of the Higher Education Act of 1965
1840-AD50
Prerule Stage.
30
Reducing Anti-Competitive Regulatory Barriers
1840-AE01
Prerule Stage.
31
Addressing Title IV Eligibility Issues
1840-AE04
Prerule Stage.
32
Accreditation Issues
1840-AD82
Proposed Rule Stage.
33
Equity in IDEA (Individuals with Disabilities Education Act)
1820-AB84
Proposed Rule Stage.
Department of Energy
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
34
Procedures, Interpretations, and Policies for Consideration in New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Commercial/Industrial Equipment
1904-AF72
Proposed Rule Stage.
35
Petroleum-Equivalent Fuel Economy Calculation
1904-AG09
Final Rule Stage.
36
Worker Safety and Health Requirements to Support Reform of Nuclear Reactor Testing
1901-AB74
Proposed Rule Stage.
37
Energy Dominance Financing Amendments
1901-AB72
Final Rule Stage.
Department of Health and Human Services
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
38
Privacy Act Regulations
0991-AC05
Proposed Rule Stage.
39
Petition Process for Rulemaking and Regulatory Review
0991-AC43
Final Rule Stage.
40
Making Technical Changes and Clarifying How OCR Addresses Conscience Authorities in Health Care; Delegation of Authority
0945-AA24
Proposed Rule Stage.
41
HIPAA Privacy Rule: Changes to Support Coordinated Care and Individual Engagement and Reduce Regulatory Burdens
0945-AA00
Final Rule Stage.
42
Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance
0945-AA27
Final Rule Stage.
43
Health Data, Technology, and Interoperability: Application Programming Interfaces and Information Blocking
0955-AA10
Proposed Rule Stage.
44
Control of Communicable Diseases; Foreign Quarantine: Dog Importation
0920-AA87
Proposed Rule Stage.
45
Administrative Detention of Tobacco Products
0910-AI05
Proposed Rule Stage.
46
Modernizing Regulations to Promote Electronic Submission and Reduce Paper Submission
0910-AI50
Proposed Rule Stage.
47
Substances Generally Recognized as Safe
0910-AJ02
Proposed Rule Stage.
48
Transparency in Direct-to-Consumer Advertising
0910-AJ14
Proposed Rule Stage.
49
Proactive Disclosure of Complete Response Letters
0910-AJ16
Proposed Rule Stage.
50
Electronic Labeling for Medical Devices
0910-AJ17
Proposed Rule Stage.
51
Nutrient Content Claims for Added Sugars
0910-AJ20
Proposed Rule Stage.
52
Modification of Certain Terminology in Title 21
0910-AJ26
Proposed Rule Stage.
53
Amendments to 21 CFR Parts 56 and 312; Expedited Investigational New Drug Application for Phase 1 Clinical Trial Reform
0910-AJ30
Proposed Rule Stage.
54
Strengthening Regulatory Oversight of the Organ Procurement and Transplantation Network to Ensure Patient Safety
0906-AB34
Proposed Rule Stage.
55
Human Research Protections: Exemptions and Clarifying Provisions Related to Institutional Review Board Oversight
0937-AA16
Proposed Rule Stage.
56
Interoperability Standards and Prior Authorization for Drugs (CMS-0062)
0938-AV44
Proposed Rule Stage.
57
Strengthening the Integrity of Medicaid and CHIP Managed Care, Financing, and Access to Care (CMS-2450)
0938-AV70
Proposed Rule Stage.
58
CY 2027 Revisions to Payment Policies under the Physician Fee Schedule and Other Revisions to Medicare Part B (CMS-1848)
0938-AV82
Proposed Rule Stage.
59
Comprehensive Regulations to Uncover Suspicious Healthcare (CRUSH) (CMS-6098)
0938-AV97
Proposed Rule Stage.
60
Strengthening Oversight of Accrediting Organizations (AO), Burden Reduction, and Related Provisions (CMS-3367)
0938-AU88
Final Rule Stage.
61
Establishing State Community Engagement Requirements for Certain Individuals Under Section 1902(xx) of the Social Security Act (CMS-2454)
0938-AV98
Final Rule Stage.
62
Reducing Bureaucracy and Burden in the Child Care and Development Fund (CCDF)
0970-AD29
Proposed Rule Stage.
63
Modernize the Head Start Program by Reducing Requirements and Enhancing Alignment with State and Local Systems
0970-AD30
Proposed Rule Stage.
64
Reforming Federal Reporting and Assessments in Child Welfare
0970-AD32
Proposed Rule Stage.
65
Reducing Bureaucracy and Burden for Children, Youth and Families
0970-AD37
Proposed Rule Stage.
66
Reducing Bureaucracy and Burden for Family Assistance Programs
0970-AD38
Proposed Rule Stage.
67
Reducing Bureaucracy and Burden for Child Support Enforcement
0970-AD39
Proposed Rule Stage.
68
Reducing Bureaucracy and Burden in Community Services
0970-AD41
Proposed Rule Stage.
69
Reducing Bureaucracy and Burden in Family Violence and Prevention Services
0970-AD42
Proposed Rule Stage.
70
Reducing Bureaucracy and Burden for Refugee Resettlement Programs
0970-AD28
Final Rule Stage.
Department of Homeland Security
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
71
Improving the Process of Certification of Form N-648, Medical Certification for Disability Exceptions
1615-AD07
Proposed Rule Stage.
72
Naturalization Application Fee Adjustments
1615-AD08
Proposed Rule Stage.
73
Protecting the Integrity of Naturalization through Enhanced Educational Standards
1615-AD13
Proposed Rule Stage.
74
Sponsor Reimbursement and Deeming 8 CFR § 213a
1615-AD15
Proposed Rule Stage.
75
Clarification of Certain Mariner Training Requirements
1625-AC48
Proposed Rule Stage.
76
Shipping Safety Fairways Along the Atlantic Coast
1625-AC57
Proposed Rule Stage.
77
Electronic Chart and Navigation Equipment Carriage Requirements
1625-AC74
Final Rule Stage.
78
Advance Passenger Information System: Electronic Validation of Travel Documents
1651-AB43
Final Rule Stage.
79
Automated Commercial Environment (ACE) Electronic Export Manifest for Rail Cargo
1651-AB52
Final Rule Stage.
80
Vetting of Certain Surface Transportation Employees
1652-AA69
Final Rule Stage.
81
Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Procedures for Remote Application and Issuance
1652-AA78
Final Rule Stage.
82
Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations
1652-AA80
Final Rule Stage.
83
Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media
1653-AA95
Final Rule Stage.
84
Removal of Updates to Floodplain Management and Protection of Wetlands Regulations
1660-AB18
Final Rule Stage.
85
Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA) Reporting Requirements
1670-AA04
Final Rule Stage.
86
Electronic Bond Transmission
1685-AA24
Final Rule Stage.
Department of Housing and Urban Development
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
87
Housing and Community Development Act of 1980: Verification of Eligible Status (FR-6524)
2501-AE16
Final Rule Stage.
88
Revising the Definition of “Manufactured Home” to Lower Housing Costs
2502-AJ80
Proposed Rule Stage.
Department of the Interior
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
89
Offshore Wind Regulatory Reform
1010-AE38
Proposed Rule Stage.
Department of Justice
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
90
Special Registrations for Telemedicine and Limited State Telemedicine Registrations
1117-AB40
Final Rule Stage.
Department of Labor
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
91
Rescission of Executive Order 11246 Implementing Regulations
1250-AA17
Final Rule Stage.
92
Employee or Independent Contractor Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act
1235-AA46
Proposed Rule Stage.
93
Joint Employer Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act
1235-AA48
Proposed Rule Stage.
94
Application of the Fair Labor Standards Act to Domestic Service
1235-AA51
Final Rule Stage.
95
Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nations in the United States
1205-AC30
Proposed Rule Stage.
96
Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States
1205-AC24
Final Rule Stage.
97
Rescission of Final Rule: Improving Protections for Workers in Temporary Agricultural Employment in the United States
1205-AC25
Final Rule Stage.
98
Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights
1210-AC37
Proposed Rule Stage.
99
Fiduciary Duties In Selecting Designated Investment Alternatives
1210-AC38
Proposed Rule Stage.
100
Improving Transparency into Pharmacy Benefit Manager Fee Disclosure
1210-AB37
Final Rule Stage.
101
Transparency in Coverage
1210-AC30
Final Rule Stage.
102
Respirable Crystalline Silica
1219-AC22
Proposed Rule Stage.
103
Lock-Out/Tag-Out Update
1218-AD00
Proposed Rule Stage.
Department of Transportation
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
104
Commercial Driver's License (CDL) Standards
2126-AD03
Proposed Rule Stage.
Department of Veterans Affairs
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
105
Removing Barriers to Service Connection by Updating Hypertension Notes
2900-AS24
Proposed Rule Stage.
106
Expanding Options for Veterans to Avoid Home Foreclosures
2900-AS78
Proposed Rule Stage.
107
Schedule for Rating Disabilities: Ear, Nose, Throat, and Audiology Disabilities; Special Provisions Regarding Evaluation of Respiratory Conditions; Schedule for Rating Disabilities: Respiratory System
2900-AQ72
Final Rule Stage.
108
Schedule for Rating Disabilities: Neurological Conditions and Convulsive Disorders
2900-AQ73
Final Rule Stage.
109
Schedule for Rating Disabilities: Mental Disorders
2900-AQ82
Final Rule Stage.
110
Amendments to the Program of Comprehensive Assistance for Family Caregivers
2900-AR96
Final Rule Stage.
111
Telehealth Grant Program
2900-AS20
Final Rule Stage.
112
Implementing Regulation for National Environmental Policy Act (NEPA): Environmental Effects of the Department of Veterans Affairs Actions
2900-AS33
Final Rule Stage.
Environmental Protection Agency
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
113
Amendments to the Model Year 2027 and Later Heavy-Duty Highway Engine Criteria Pollutant Program
2060-AW83
Proposed Rule Stage.
114
Revision to “Begin Actual Construction” in the New Source Review Preconstruction Permitting Program
2060-AW84
Proposed Rule Stage.
115
Revision of Tier 4 Phase-in Schedule for Light-Duty and Medium-Duty Vehicles
2060-AW96
Proposed Rule Stage.
116
Formaldehyde; Regulation under the Toxic Substances Control Act (TSCA)
2070-AL22
Proposed Rule Stage.
117
Perchloroethylene (PCE); Amendments to Regulation Under the Toxic Substances Control Act (TSCA)
2070-AL39
Proposed Rule Stage.
118
Trichloroethylene (TCE); Amendments to Regulation Under the Toxic Substances Control Act (TSCA)
2070-AL41
Proposed Rule Stage.
119
Carbon Tetrachloride (CTC); Amendments to Regulation under the Toxic Substances Control Act (TSCA)
2070-AL42
Proposed Rule Stage.
120
Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Common Sense Approach to Chemical Accident Prevention
2050-AH37
Proposed Rule Stage.
121
Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals from Electric Utilities; Legacy/CCRMU Amendments
2050-AH39
Proposed Rule Stage.
122
Clean Water Act Effluent Limitations Guidelines and Standards for PFAS Manufacturers Under the Organic Chemicals, Plastics and Synthetic Fibers Point Source Category
2040-AG10
Proposed Rule Stage.
123
Steam Electric Effluent Limitations Guideline Reconsideration Rule
2040-AG41
Proposed Rule Stage.
124
Rescission of Regulatory Determinations and Removal of Related Provisions for Four PFAS Substances (PFHxS, PFNA, HFPO-DA (GenX), and the mixture of these three PFAS plus PFBS)
2040-AG53
Proposed Rule Stage.
125
Carbon Pollution Standards Repeal
2060-AW55
Final Rule Stage.
126
Reconsideration of the Greenhouse Gas Reporting Program
2060-AW76
Final Rule Stage.
127
Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act (TSCA)
2070-AL27
Final Rule Stage.
128
Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Data Reporting and Recordkeeping under the Toxic Substances Control Act (TSCA); Revision to Regulation
2070-AL29
Final Rule Stage.
129
Updated Definition of “Waters of the United States”
2040-AG44
Final Rule Stage.
130
Updating the Water Quality Certification Rule
2040-AG47
Final Rule Stage.
Equal Employment Opportunity Commission
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
131
Rescission of EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, And Reporting Requirement Under Title VII, the ADA, GINA, and the PWFA
3046-AB37
Proposed Rule Stage.
National Aeronautics and Space Administration
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
132
Implementation of the Administrative False Claims Act
2700-AE79
Proposed Rule Stage.
133
Procedures for Implementing the National Environmental Policy Act
2700-AE80
Final Rule Stage.
134
Nondiscrimination in Federally-Assisted Programs of NASA—Effectuation of Title VI of the Civils Rights Act of 1964
2700-AE89
Final Rule Stage.
National Archives and Records Administration
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
135
Interagency Security Classification Appeals Panel Bylaws, Rules, and Appeals Procedures
3095-AC30
Proposed Rule Stage.
Office of Personnel Management
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
136
Recruitment and Selection Through Competitive Examination
3206-AO24
Proposed Rule Stage.
137
Personnel Management in Agencies: Strategic Human Capital Management
3206-AO77
Proposed Rule Stage.
138
Attorney Fees and Personnel Action Coverage under the Back Pay Act
3206-AO87
Proposed Rule Stage.
139
Federal Employees Benefits: Enrollment Integrity
3206-AO93
Proposed Rule Stage.
140
Determining Rate of Basic Pay for Certain General Schedule Positions
3206-AO95
Proposed Rule Stage.
141
Reduction in Force
3206-AO86
Final Rule Stage.
142
Managing Senior Professional Performance
3206-AO88
Final Rule Stage.
143
Suitability Action Appeals
3206-AO97
Final Rule Stage.
144
Reduction in Force Appeals
3206-AO99
Final Rule Stage.
145
Elimination of Time in Grade
3206-AP05
Final Rule Stage.
146
Performance Management Systems for General Schedule, Prevailing Rate, and Certain Other Employees
3206-AP06
Final Rule Stage.
Social Security Administration
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
147
Standardizing Requesting and Scheduling Hearings Before an Administrative Law Judge
0960-AJ01
Proposed Rule Stage.
148
Revised Medical Criteria for Evaluating Cardiovascular Disorders
0960-AI43
Final Rule Stage.
149
Ticket to Work: Rescission of Obsolete Regulatory Provisions
0960-AJ08
Final Rule Stage.
Consumer Financial Protection Bureau
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
150
Personal Financial Data Rights Reconsideration
3170-AB39
Proposed Rule Stage.
151
Small Business Lending Data Collection Under the Equal Credit Opportunity Act Reconsideration
3170-AB40
Final Rule Stage.
152
Equal Credit Opportunity Act (Regulation B)
3170-AB54
Final Rule Stage.
Consumer Product Safety Commission
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
153
Safety Standard for Lithium-Ion Batteries Used in Micromobility Products
3041-AE10
Proposed Rule Stage.
154
Safety Standard for Portable Generators
3041-AC36
Final Rule Stage.
Federal Deposit Insurance Corporation
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
155
Basel III Revisions: Amendments to the Capital Rule for Large Banking Organizations
3064-AF29
Proposed Rule Stage.
156
Prohibition on Use of Reputation Risk by Regulators
3064-AG12
Proposed Rule Stage.
157
Regulatory Capital Rule: Revisions to the Community Bank Leverage Ratio Framework
3064-AG17
Proposed Rule Stage.
158
GENIUS Act Requirements for FDIC-Supervised Permitted Payment Stablecoin Issuers
3064-AG19
Proposed Rule Stage.
159
Resolution Plans Required for Insured Depository Institutions with $100B or More in Total Assets; Informational Filings Required for IDIs with at Least $50B but Less Than $100B in Total Assets
3064-AG21
Proposed Rule Stage.
160
Unsafe or Unsound Practices, Matters Requiring Attention
3064-AG16
Final Rule Stage.
Securities and Exchange Commission
Sequence No.
Title
Regulation
Identifier No.
Rulemaking stage
161
Evaluating the Consolidated Audit Trail
3235-AN54
Prerule Stage.
162
Crypto Assets
3235-AN38
Proposed Rule Stage.
163
Enhancement of Emerging Growth Company Accommodations and Simplification of Filer Status for Reporting Companies
3235-AN40
Proposed Rule Stage.
164
Registered Offerings Reform
3235-AN41
Proposed Rule Stage.
165
Amendments to the Custody Rules
3235-AN46
Proposed Rule Stage.
166
Crypto Market Structure Amendments
3235-AN49
Proposed Rule Stage.
167
Semiannual Reporting
3235-AN58
Proposed Rule Stage.
168
Enhancing Retail Exposure to Private Markets
3235-AN59
Proposed Rule Stage.
Millennium Challenge Corporation
Millennium Challenge Corporation is proposing companion revisions to the Office of Management and Budget's (OMB) proposed updates to Title 2 of the Code of Federal Regulations (CFR), Subtitle A Office of Management and Budget Guidance for Federal Financial Assistance. Consistent with the review requirements in 2 CFR 200.109, the intent of these proposed revisions in Subtitle B Federal Agency Regulations for Grants and Agreements is to improve transparency, accountability, and oversight for Federal awards across the Federal Government by ensuring continued alignment with Administration priorities, revising indirect cost policy, reducing burden, and converting guidance to regulation.
U.S. Department Of Agriculture
Statement of Regulatory Priorities
The U.S. Department of Agriculture (USDA) is dedicated to supporting American agriculture, farmers, ranchers, foresters, and rural communities, while ensuring the efficient delivery of services. For the upcoming year, USDA's regulatory focus will promote innovation, strengthening markets for U.S. agricultural products, enhancing program integrity, and improving operational efficiency. These priorities align with the Administration's emphasis on fostering economic growth, reducing regulatory burdens, and ensuring effective, lawful governance.
USDA's regulatory agenda reflects its commitment to implementing Executive Order 14192,
Unleashing Prosperity Through Deregulation,
and Executive Order 14219,
Ensuring Lawful Governance and Implementing the President's “Department of Government Efficiency” Deregulatory Initiative.
Additionally, USDA will continue to implement the
One Big Beautiful Bill Act (OBBBA)
to enhance program payments, strengthen farm security, and provide long-term certainty for American farmers and ranchers.
Key Regulatory Priorities
The Administration is pursuing goals in four key areas: enhancing oversight, strengthening eligibility standards, streamlining regulatory burden(s), and promoting American energy.
Enhancing Oversight
USDA will pursue rulemakings to strengthen oversight, reduce fraud, and improve program integrity through the following actions:
•
Agricultural Foreign Investment Disclosure Act (AFIDA).
To strengthen the federal government's ability to monitor and safeguard U.S. farmland from foreign adversarial interests, USDA initiated an Advance Notice of Proposed Rulemaking (ANPR) to modernize the reporting requirements under the Agricultural Foreign Investment Disclosure Act (AFIDA). This action supports the Administration's National Farm Security Action Plan and reflects a renewed emphasis on farmland security as a matter of national interest. The ANPR solicits public input on how to close longstanding gaps in foreign ownership reporting, improve data accuracy and timeliness, and enhance USDA's coordination with federal partners. By updating and expanding the scope of 7 CFR part 781, USDA will replace a regulation that has not been revised since 2006 and ensure the Department has the tools necessary to detect, deter, and disclose foreign acquisitions of U.S. agricultural land.
•
Strengthening Integrity and Reducing Retailer Fraud in the Supplemental Nutrition Assistance Program (SNAP).
To strengthen program integrity and reduce retailer fraud in the Supplemental Nutrition Assistance Program (SNAP), this rule proposes new requirements designed to deter fraud, abuse, and non-compliance. The proposed regulations would enhance oversight for SNAP retailers and improve the program's overall integrity for all stakeholders.
•
Enhancing Electronic Benefit Transfer (EBT) Card Security Measures.
USDA is advancing measures to strengthen Electronic Benefit Transfer (EBT) card security and protect program participants against fraud. Implementing Section 501(a)(2) of the Consolidated Appropriations Act, 2023, the Food and Nutrition Service (FNS) will modernize EBT requirements to combat card skimming, cloning, and similar fraudulent activities. These improvements will safeguard taxpayer funds and streamline program administration by reducing fraud and enhancing system integrity.
•
Enhancing Integrity in the Summer Meal Programs.
USDA will propose strengthening oversight of summer meal programs to ensure benefits reach children as intended while reducing waste and abuse. Building on recent experiences, the Department will update regulations for non-congregate meal service under the Summer Food Service Program (SFSP) and the Seamless Summer Option (SSO). These updates will tighten integrity controls, promote accountability, and focus participation on providers best equipped to deliver meals efficiently and responsibly.
•
Combating Fraud in Child and Adult Care Food Program and Summer Food Service Program.
This rulemaking proposes significant changes to combat fraud in the Child and Adult Care Food Program (CACFP) and the Summer Food Service Program (SFSP). The proposed changes are intended to minimize false and fraudulent claims, providing state agencies and sponsoring organizations with new tools to identify and remove fraudulent operators. The proposed rule will protect taxpayer dollars through strengthened integrity measures, including reciprocal disqualification procedures as mandated by Section 12(r) of the National School Lunch Act. Additionally, oversight is enhanced through modified monitoring and recordkeeping requirements.
•
Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Program Integrity.
To strengthen program integrity in the WIC program, this proposed rule modernizes vendor integrity requirements by shifting from paper-based to electronic benefits transfer (EBT) processes nationwide. The regulations will protect WIC participants' personal information and taxpayer funds. Furthermore, the rule enhances state agency vendor selection criteria and investigation techniques to reduce vendor fraud, abuse, and waste. Stronger regulatory requirements for vendor investigations, violations, and sanctions will significantly improve oversight.
Strengthening Eligibility Standards
USDA will refine eligibility requirements to ensure programs responsibly serve their intended populations:
•
Supplemental Nutrition Assistance Program: Modification to Work Requirements for Able-Bodied Adults.
This proposed rule refines eligibility requirements for the Supplemental Nutrition Assistance Program (SNAP) to ensure it serves its intended population. It codifies provisions of Public Law 119-21 that includes modifying which participants are subject to the time limit and changes to the waiver requirements to ensure that exemptions from work requirements are provided only in appropriate circumstances.
•
Supplemental Nutrition Assistance Program: Reforming Categorical Eligibility.
This proposal refines SNAP eligibility requirements by reforming categorical eligibility to serve households that have demonstrated a need for assistance. Under the proposed rule, categorical eligibility would be limited to households that receive cash or other substantial assistance from the Temporary Assistance to Needy Families (TANF) program. This change would align categorical eligibility with its statutory purpose of streamlining program administration while ensuring only households truly in need are deemed eligible.
•
Updated Staple Food Stocking Standards for Retailers in the Supplemental Nutrition Assistance Program.
This final rule refines the eligibility requirements for retailers participating in the SNAP program in accordance with a provision of the Agricultural Act of 2014 that increases the minimum number of varieties for staple foods from three to seven. These changes aim to ensure that authorized retailers can effectively serve the intended population of SNAP participants by offering a wider variety of staple foods. The rule also provides some flexibility for retailers while simplifying the overall criteria.
•
Amendment of definition of “eligible food” in the Supplemental Nutrition Assistance Program (SNAP).
In support of the Administration's Make America Healthy Again (MAHA) initiative, USDA proposes to update the definition of “eligible foods” under SNAP to better align program benefits with national nutrition goals. This action reinforces SNAP's statutory purpose—helping low-income households obtain a more nutritious diet—by promoting access to wholesome foods and discouraging purchases inconsistent with dietary health. Through this reform, USDA will strengthen the program's role as a cornerstone of the MAHA movement to improve health outcomes, reduce diet-related disease, and advance self-sufficiency.
•
Supplemental Nutrition Assistance Program: Alien Eligibility.
Consistent with the Administration's commitment to restore lawful governance and ensure that federal benefits serve their intended recipients, USDA will refine eligibility standards for aliens in the Supplemental Nutrition Assistance Program (SNAP). By implementing provisions of Public Law 119-21, this action reaffirms that SNAP benefits are reserved for U.S. citizens and certain lawfully present aliens, as established by federal law.
•
Revise Conditions for Payment of Indemnity and Compensation for HPAI.
To strengthen disease prevention and ensure taxpayer-funded indemnities reward responsible producers, USDA
will finalize the conditions for payment related to highly pathogenic avian influenza (HPAI) announced in the earlier interim final rule. These regulations will require commercial poultry premises to pass a biosecurity audit before receiving compensation, thereby ensuring that payments are directed only to operations that have implemented robust measures to prevent the spread of disease. By tying eligibility to compliance, this action promotes accountability, protects animal health, and reduces the overall risk of future outbreaks.
•
Eligibility Requirement to Serve on a Farm Service Agency (FSA) County Committee.
USDA is strengthening standards for service on Farm Service Agency (FSA) county committees to ensure these bodies operate with integrity, professionalism, and respect. Under this update, any individual who has been formally restricted or banned from entering an FSA office—for example, due to misconduct or harassment—will be ineligible to serve on a county committee. This safeguard ensures that committee members can fully and safely participate in meetings, protects staff and producers, and upholds public confidence in the program's administration.
Streamlining Regulatory Burden(s)
To modernize and streamline its regulatory processes, USDA is proposing several changes to improve efficiency and reduce unnecessary burdens.
•
Modernize food safety inspection:
USDA is modernizing meat and poultry inspection to strengthen food safety outcomes, reduce cross-contamination risks, and improve operational efficiency for industry and inspectors alike. The Food Safety and Inspection Service (FSIS) will propose updates allowing establishments under the New Swine Inspection System and New Poultry Inspection System to increase line speeds where process control is maintained, supporting innovation without compromising safety. FSIS will also remove outdated inspection procedures—such as the incision of mandibular lymph nodes and palpation of viscera—that research shows are unnecessary and can increase contamination risk. Finally, the agency will update staffing standards to reflect actual operational needs, ensuring resources are deployed effectively to safeguard the food supply.
•
Removal of Standard of Identity for Canned “Tripe with Milk”:
To reduce redundant regulatory requirements, FSIS is proposing to remove the standards of identity for canned “Tripe with Milk, eliminating needless rules while not impacting food safety. FSIS has determined that the existing standard for the finished canned article is unnecessary.
•
WIC program modernization:
FNS is proposing to modernize the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) regulations to provide greater program flexibility. This includes updating outdated regulations, incorporating electronic benefits transfer (EBT), and streamlining processes to better align with the changing retail marketplace and improve customer service.
•
Outdated regulatory removal:
FNS plans to remove multiple outdated or duplicative regulatory provisions to simplify the program and reduce administrative burden.
•
Streamlined regulations for loan and grant programs:
Rural Development is consolidating and simplifying regulations for several programs to improve efficiency and customer experience.
○
Community Facilities (CF) Program:
The CF Program will move from seven separate regulations to a single, streamlined rule, which will improve loan servicing options for borrowers.
○
Single Family Housing (SFH) Direct Programs:
The Rural Housing Service (RHS) is proposing changes to its SFH programs to create a more efficient application process and simplify regulations that impose burdensome requirements on borrowers and applicants. This will improve regulatory efficiencies and customer service.
○
SFH Self-Help Technical Assistance Grants:
Proposed improvements aim to streamline and simplify requirements, reduce paperwork, and improve processes for organizations that assist low-income families in constructing their own homes.
Unleashing American Energy
To advance the goals of Executive Order 14153, “Unleashing Alaska's Extraordinary Resource Potential,” and Executive Order 14154, “Unleashing American Energy,” USDA is modernizing several regulations to increase resource development, improve energy independence, and streamline processes.
Advancing Alaskan Resource Development
•
Special Areas: Roadless Area Conservation Repeal:
The Forest Service is repealing the rule that established prohibitions on road construction and timber harvesting in inventoried roadless areas on National Forest System lands. This change, which is consistent with Executive Order 14153, will allow management requirements to be guided by individual land management plans, supporting sustainable communities in Southeast Alaska through increased management flexibility.
Expanding American Energy and Mineral Production
•
Oil and Gas Resource Revision:
USDA will modernize and streamline the framework governing oil and gas activities on National Forest System lands to reduce delays, improve coordination, and support responsible energy development. Consistent with Executive Orders 14154 and 14153, the revised approach will clarify leasing consent and surface use permitting processes, align analytical requirements with other federal agencies, and eliminate duplicative reviews. These improvements will provide regulatory certainty for operators and advance the Administration's goal of unleashing American energy. USDA published a final rule on January 28, 2026, 91 FR 3643.
•
Update and Clarification of the Locatable Minerals Regulations:
USDA will modernize and clarify the framework governing locatable mineral activities on National Forest System lands to deliver timelier, more predictable reviews for critical mineral projects. Consistent with Executive Order 14154, this action will improve coordination with partner agencies, align procedures across the federal government, and remove outdated or duplicative requirements. These improvements will enhance efficiency, strengthen consistency, and support the Administration's goal of expanding domestic critical mineral production to bolster national defense and economic prosperity.
•
Unleashing American Energy and Economic Prosperity under the Rural Energy for America Program (REAP):
USDA will streamline and simplify the Rural Energy for America Program (REAP) to help agricultural producers and rural small businesses access affordable energy solutions more efficiently. Consistent with Executive Order 14154, these improvements will reduce compliance burdens, accelerate processing times, and promote cost-effective investments in renewable energy systems and energy efficiency upgrades. By modernizing program delivery, USDA will expand participation, lower energy costs, and advance rural prosperity while supporting the Administration's goal of unleashing American energy.
Conclusion
USDA's regulatory priorities for the coming year reflect its commitment to supporting American agriculture, ensuring program integrity, and improving operational efficiency. By focusing on oversight, eligibility, and streamlined implementation, USDA will continue to deliver on its mission to serve farmers, ranchers, and rural communities while reducing regulatory burdens and promoting economic growth.
USDA—Animal and Plant Health Inspection Service
(APHIS)
Final Rule Stage
1. REVISE CONDITIONS FOR PAYMENT OF INDEMNITY AND COMPENSATION FOR HPAI
Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined.
Regulatory Accounting: Regulatory
Legal Authority: 7 U.S.C. 8301,
et seq.
Relevant Executive Orders: 13771; 14249; 14303
CFR Citation: 9 CFR 53
Legal Deadline: None
Abstract: The Animal and Plant Health Inspection Service (APHIS) amended the regulations pertaining to conditions for payment of indemnity for highly pathogenic avian influenza (HPAI) to require commercial poultry premises to successfully pass a biosecurity audit for HPAI-infected premises intending to restock and for buffer zone (uninfected) premises that wish to request that poultry be moved onto the premises.
Statement of Need: Conditioning restocking of poultry flocks on passing a biosecurity audit will help reduce introduction of HPAI virus from wild bird populations, particularly chronically noncompliant “hot spots” that can serve as reservoir for the spread of HPAI.
Summary of Legal Basis: Animal Health Protection Act.
Alternatives: APHIS considered alternatives to the interim rule. APHIS considered a more traditional rulemaking process, or utilizing the NPIP biennial rulemaking process, which involves industry participation. However, the extended timeline associated with this approach made it unsuitable when APHIS has identified a need for immediate action. Immediate action is necessary to incentivize commercial poultry producers to implement critical biosecurity measures to reduce the risk of introduction of HPAI and avoid actions that contribute to its spread. Lastly, APHIS considered a proposal that would tie indemnity payments to a tiered system based on performance in the biosecurity audit. However, this approach lacked sufficient scientific backing.
Anticipated Cost and Benefits: APHIS estimated costs of producers to comply with the interim final rule will result in $0.49 to $0.79 million in time, materials, and recordkeeping costs. Examples of costs include time and labor to implement improvements to current biosecurity practices, time to complete and pass biosecurity audits, delays to restocking, and costs associated with the purchase of or upgrade to equipment needed to conduct a virtual audit, if the producer wishes to have a virtual audit. APHIS expects the benefits of reduced infections from HPAI will outweigh the aforementioned costs associated with this interim rule.
APHIS estimates that this interim rule will reduce overall costs to APHIS and State partners between $39.56 million and $88.66 million. These estimates include reductions in indemnity and response costs, less costs incurred by APHIS and State partners for buffer zone movement audits and previously infected premises audits. Overall, APHIS estimates that this rule will have a net benefit of between $38.55 and $87.65 million. In addition to these quantified benefits, APHIS also anticipates that this interim rule will have small unquantified effects on international trade, consumer prices, animal welfare, public health, and producer welfare.
Risks: Some premises are becoming reinfected multiple times with HPAI within a short period of time. For example, since 2022, some premises have now experienced five HPAI introductions.
Timetable:
Action
Date
FR Cite
Interim Final Rule
12/31/24
89 FR 106981
Interim Final Rule Effective
12/31/24
Interim Final Rule Comment Period Reopened
03/14/25
90 FR 12105
Interim Final Rule Comment Period End
04/14/25
Final Rule
10/00/26
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Additional Information: Additional information about APHIS and its programs is available on the internet at
http://www.aphis.usda.gov.
Agency Contact: Leonardo Sevilla, DVM, Veterinary Medical Officer, Poultry Health Team, Strategy & Policy, VS, Department of Agriculture, Animal and Plant Health Inspection Service, 920 Main Campus Drive, Raleigh, NC 27606
Phone: 984 766-1528
Email:
leonardo.sevilla@usda.gov
RIN: 0579-AE79
USDA—Rural Housing Service
(RHS)
Final Rule Stage
2. STREAMLINING THE COMMUNITY FACILITIES REGULATION, 7 CFR 3570, SUBPART E (SERVICING)
Priority: Other Significant
Regulatory Accounting: Deregulatory
Legal Authority: 5 U.S.C. 301; 7 U.S.C. 1989
Relevant Executive Orders: 14247; 14222; 14219
CFR Citation: 7 CFR 3570 subpart E
Legal Deadline: None
Abstract: The Community Facilities (CF) Program currently utilizes seven existing regulations to service the CF Direct Loans (7 CFR part 1951, subparts E, F, and 0; 7 CFR part 1955, subparts A, B, and C; and 7 CFR part 1956, subpart C). The CF Program will be removed from the existing seven regulations. The Agency will place all regulations for servicing the loans and grants of the CF program into one streamlined regulation; that regulation will apply solely to the CF Program. While this proposed regulation consolidates seven existing regulations, it does not remove any of the servicing options currently available. All authorities authorized in the Consolidated Farm and Agricultural Act are included in this proposed regulation. The proposed regulation will provide internal and external users with a single regulation to implement all authorities available, providing more streamlined service.
Statement of Need: The service regulation covering only CF policies and the proposed changes will result in one streamlined, user-friendly document. The servicing regulation will improve the Agency's ability to service its portfolio and ensure that the Government's investment is protected and maximized.
Summary of Legal Basis: This action will not raise any novel legal or policy issues and this action is not in conflict with Executive Order 12866.
Alternatives: The other alternative is to stay status quo and not change the rule. This alternative would not be in the best interest of the Government.
Anticipated Cost and Benefits: There are no expected long-term costs associated with this change as it will incorporate information, Administrative Notices and Unnumbered Letters that have been issued and reissued for many years. Some modifications to forms and systems will be required, but costs will be minimal. Savings may be realized in more efficient and timely servicing options, which may reduce the number of delinquencies and foreclosures.
Risks: The proposed action will have no financial impact on the public or the Agency.
Timetable:
Action
Date
FR Cite
Final Rule With Comment
07/00/26
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Lauren Cusick, Department of Agriculture, 1400 Independence Avenue SW, Washington, DC 20250
Phone: 202 720-1414,
Email: lauren.cusick@usda.gov
RIN: 0575-AD20
USDA—Food and Nutrition Administration
(FNA)
Proposed Rule Stage
3. STRENGTHENING INTEGRITY AND REDUCING RETAILER FRAUD IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
Priority: Economically Significant. Major under 5 U.S.C. 801.
Regulatory Accounting: Regulatory
Legal Authority: Pub. L. 113-79; Pub. L. 115-334
CFR Citation: 7 CFR 271; 7 CFR 274; 7 CFR 278
Legal Deadline: None
Abstract: This proposed rule would implement statutory provisions of the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill), the Agriculture Improvement Act of 2018 (the 2018 Farm Bill), and other language intended to deter retailer fraud, abuse, and non-compliance in the Supplemental Nutrition Assistance Program (SNAP). Stakeholders are SNAP retailers and communities in which SNAP retailers provide SNAP participants access to food, other Programs that require SNAP authorization or where reciprocal actions impact participation, and SNAP participants.
Statement of Need: Current USDA SNAP regulations do not allow for the assessment of financial penalties in conjunction with periods of disqualification for SNAP violations. Additionally, existing regulatory requirements do not directly address a number of retailer integrity concerns, such as firms that fail to report changes of ownership, firms that conspire to commit unauthorized redemptions, and firms that violate SNAP equal treatment provisions.
Summary of Legal Basis: This would implement statutory provisions of the Food, Conservation, and Energy Act of 2008, and the Federal Civil Penalties Inflation Adjustment of 2015.
Alternatives: Unavailable
Anticipated Cost and Benefits: The proposed rule is expected to increase the penalties assessed against firms found committing violations by FNS and, as a result, deter violations in SNAP. FNS expects that the administrative costs associated with this proposed rule are minimal.
Risks: N/A
Timetable:
Action
Date
FR Cite
NPRM
10/00/26
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Lynn Gilbert, Department of Agriculture, Food and Nutrition Administration, 1320 Braddock Place, Alexandria, VA 22314
Phone: 703 305-1615
Email:
lynn.gilbert@usda.gov
Richard Lucas, Department of Agriculture, Food and Nutrition Administration, 1320 Braddock Place, Room 555, Alexandria, VA 22314
Phone: 703 457-6797
Email:
richard.lucas@usda.gov
RIN: 0584-AE71
USDA—FNA
4. ENHANCING ELECTRONIC BENEFIT TRANSFER (EBT) CARD SECURITY MEASURES
Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined.
Regulatory Accounting: Regulatory
Legal Authority: Consolidated Appropriations Act, 2023 (Pub. Law No: 117-328)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This proposed rule implements Division HH, title IV, section 501(a)(2) of the Consolidated Appropriations Act, 2023. Under section 501(a)(2), the Department of Agriculture, Food and Nutrition Service (FNS) is instructed to promulgate regulations through the notice and comment process that require State agencies to implement new card security measures to protect against card skimming, card cloning, and other similar fraudulent means.
Statement of Need: This proposed rule implements Division HH, Title IV, section 501(a)(2) of the Consolidated Appropriations Act, 2023. Under section 501(a)(2), the Department of Agriculture, Food and Nutrition Service (FNS) is instructed to promulgate regulations through the notice and comment process that require State agencies to implement new card security measures to protect against card skimming, card cloning, and other similar fraudulent means.
Summary of Legal Basis: The legal authority can be found in the Consolidated Appropriations Act, 2023 (Pub. L. 117-328).
Alternatives: No reasonable alternative is known.
Anticipated Cost and Benefits: The anticipated costs and benefits will be discussed in the Regulatory Impact Analysis which will accompany the rule.
Risks: If there are any associated risks, those would be discussed in the proposed rule.
Timetable:
Action
Date
FR Cite
NPRM
09/00/26
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: State
Federalism: Undetermined
Agency Contact: Lynn Gilbert, Department of Agriculture, Food and Nutrition Administration, 1320 Braddock Place, Alexandria, VA 22314
Phone: 703 305-1615
Email:
lynn.gilbert@usda.gov
Richard Lucas, Department of Agriculture, Food and Nutrition Administration, 1320 Braddock Place, Room 555, Alexandria, VA 22314
Phone: 703 457-6797
Email:
richard.lucas@usda.gov
RIN: 0584-AE99
USDA—FNA
5. • SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM: MODIFICATION TO WORK REQUIREMENTS FOR ABLE-BODIED ADULTS
Priority: Economically Significant. Major under 5 U.S.C. 801.
Regulatory Accounting: Regulatory
Legal Authority: Pub. L. 119-21; 7 U.S.C. 2011 to 2036
CFR Citation: 7 CFR 273
Legal Deadline: None
Abstract: This proposed rule codifies provisions of Public Law 119-21. These changes include modifying the list of exceptions from the time limit; updating requirements for areas to qualify for waivers for the time limit; and adding the temporary good faith exemptions in Alaska and Hawaii. Additionally, this rule would strengthen requirements for requesting waivers of the time limit.
Statement of Need: Changes are needed to codify provisions of Public Law 119-21 that expand the scope of participants subject to time limits, as well as changes to the requirements for States seeking waivers from time limits. The proposed changes would reflect that exemptions and exceptions from work requirements are consistent with Federal statute and provided to the appropriate populations.
Summary of Legal Basis: The legal basis for this proposed rule can be found in Public Law 119-21, Section 10102, “Modifications to SNAP work requirements for able-bodied adults”.
Alternatives: No reasonable alternative is known, given the requirements of the statute.
Anticipated Cost and Benefits: The anticipated costs and benefits will be discussed in the Regulatory Impact Analysis which will accompany the rule.
Risks: Any associated risks will be discussed in the proposed rule.
Timetable:
Action
Date
FR Cite
NPRM
07/00/26
Regulatory Flexibility Analysis Required: No
Government Levels Affected: State
Federalism: Undetermined
Agency Contact: Lynn Gilbert, Department of Agriculture, Food and Nutrition Administration, 1320 Braddock Place, Alexandria, VA 22314
Phone: 703 305-1615
Email:
lynn.gilbert@usda.gov
Richard Lucas, Department of Agriculture, Food and Nutrition Administration, 1320 Braddock Place, Room 555, Alexandria, VA 22314
Phone: 703 457-6797
Email:
richard.lucas@usda.gov
RIN: 0584-AF09
USDA—FNA
6. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM: REFORMING CATEGORICAL ELIGIBILITY
Priority: Economically Significant. Major under 5 U.S.C. 801.
Regulatory Accounting: Regulatory
Unfunded Mandates: Undetermined
Legal Authority: 7 U.S.C. 2011 to 2036
CFR Citation: 7 CFR 273
Legal Deadline: None
Abstract: Under section 5(a) of the Food and Nutrition Act of 2008, households in which all members receive benefits under a State program funded by the Temporary Assistance to Needy Families (TANF) program are categorically eligible to participate in the Supplemental Nutrition Assistance Program (SNAP). This proposal would change the regulations at 7 CFR 273.2(j)(2) pertaining to categorically eligible TANF households by limiting categorical eligibility to certain households that receive cash TANF or other substantial assistance from TANF. The proposed revisions would create a clearer and more consistent nationwide policy that ensures categorical eligibility is extended only to households that have sufficiently demonstrated eligibility by qualifying for ongoing and substantial benefits from TANF-funded programs designed to assist households and move them towards self-sufficiency.
Statement of Need: This proposal refines SNAP eligibility requirements by reforming categorical eligibility to better serve households that have demonstrated a need for assistance. Under the proposed rule, categorical eligibility would be limited to households that receive cash or other substantial assistance from the Temporary Assistance to Needy Families (TANF) program. This change would create a clearer, more consistent nationwide policy that ensures only households truly in need and on a path to self-sufficiency are deemed eligible.
Summary of Legal Basis: The legal basis for this proposed rule can be found in 7 U.S.C. 2011-2036.
Alternatives: The Department considered alternative approaches including the ongoing and substantial framework proposed in the 2019 proposed rule. The Department believes the current proposed rule best aligns with Congressional intent for categorical eligibility; however, the Department is seeking public comment on the proposed approach.
Anticipated Cost and Benefits: The anticipated costs and benefits will be discussed in the Regulatory Impact Analysis which will accompany the rule.
Risks: Any associated risks will be discussed in the proposed rule.
Timetable:
Action
Date
FR Cite
NPRM
11/00/26
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Lynn Gilbert, Department of Agriculture, Food and Nutrition Administration, 1320 Braddock Place, Alexandria, VA 22314
Phone: 703 305-1615
Email:
lynn.gilbert@usda.gov
Richard Lucas, Department of Agriculture, Food and Nutrition Administration, 1320 Braddock Place, Room 555, Alexandria, VA 22314
Phone: 703 457-6797
Email:
richard.lucas@usda.gov
RIN: 0584-AF10
USDA—FNA
7. AMENDMENT OF DEFINITION OF “ELIGIBLE FOOD” IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
Priority: Other Significant
Regulatory Accounting: Regulatory
Legal Authority: 7 U.S.C. 2013(a)
CFR Citation: 7 CFR 271.2
Legal Deadline: None
Abstract: The Food and Nutrition Service is proposing to amend the definition of “eligible foods” in SNAP to align with the program's purpose of assisting low-income households in obtaining a more nutritious diet and advance USDA's goal to “Make America Healthy Again.”
Statement of Need: To ensure the SNAP program effectively serves its intended population of low-income households by providing a nutritious diet, the Food and Nutrition Service is proposing to amend the definition of “eligible foods.” This change aligns the program with its purpose of promoting better nutrition and supports USDA's goal to “Make America Healthy Again.”
Summary of Legal Basis: The legal basis for this proposed rule can be found at 7 U.S.C. 2013(a).
Alternatives: Retaining the current definition is an alternative to this reform, but the proposal better aligns the program with its purpose of promoting better nutrition.
Anticipated Cost and Benefits: Anticipated costs and benefits will be discussed in the Regulatory Impact Analysis which will accompany the rule.
Risks: Any associated risks will be discussed in the proposed rule.
Timetable:
Action
Date
FR Cite
NPRM
12/00/26
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Richard Lucas, Department of Agriculture, Food and Nutrition Administration, 1320 Braddock Place, Room 555, Alexandria, VA 22314
Phone: 703 457-6797
Email:
richard.lucas@usda.gov
RIN: 0584-AF14
USDA—FNA
8. • SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM: ALIEN ELIGIBILITY
Priority: Other Significant
Regulatory Accounting: Regulatory
Legal Authority: Pub. L. 119-21 (7 U.S.C. 2015(f))
Relevant Executive Orders: 14218
CFR Citation: 7 CFR 271; 7 CFR 273
Legal Deadline: None
Abstract: Federal law and regulations limit eligibility for SNAP benefits to U.S. citizens and certain lawfully present aliens. This proposed rule implements provisions of Public Law 119-21 which changes alien eligibility.
Statement of Need: This proposed rule would conform SNAP regulations with Public Law 119-21 and refine the eligibility requirements for aliens to ensure the SNAP program effectively serves its intended population. These changes restrict the eligibility and participation of certain aliens, building on existing Federal policy that limits SNAP benefits to U.S. citizens and certain lawfully present aliens.
Summary of Legal Basis: The legal basis for this proposed rule can be found in Public Law 119-21, Section 10108. Alien SNAP eligibility.
Alternatives: There are no known alternatives that effectively implement the requirements of the statute.
Anticipated Cost and Benefits: Anticipated costs and benefits will be discussed in the Regulatory Impact Analysis which will accompany the rule.
Risks: Any associated risks will be discussed in the proposed rule.
Timetable:
Action
Date
FR Cite
NPRM
07/00/26
Regulatory Flexibility Analysis Required: No
Government Levels Affected: State
Agency Contact: Lynn Gilbert, Department of Agriculture, Food and Nutrition Administration, 1320 Braddock Place, Alexandria, VA 22314
Phone: 703 305-1615
Email:
lynn.gilbert@usda.gov
Richard Lucas, Department of Agriculture, Food and Nutrition Administration, 1320 Braddock Place, Room 555, Alexandria, VA 22314
Phone: 703 457-6797
Email:
richard.lucas@usda.gov
RIN: 0584-AF23
USDA—FNA
9. • ENHANCING INTEGRITY IN NON-CONGREGATE MEAL SERVICE IN THE SUMMER MEAL PROGRAMS
Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined.
Regulatory Accounting: Regulatory
Legal Authority: 42 U.S.C. 1761
CFR Citation: 7 CFR parts 225, 226
Legal Deadline: None
Abstract: This rulemaking proposes changes to streamline program operations and enhance program integrity related to non-congregate meal service operations under the Summer Food Service Program (SFSP) and the National School Lunch Program's Seamless Summer Option (SSO). These updates are intended to assist State and local Program operators overcome operational challenges that limit their ability to manage these Programs efficiently and effectively. The proposed rule also includes provisions to strengthen oversight controls and ensure that summer non-congregate meal service is operated by sponsors who are best equipped to maintain program integrity.
Statement of Need: Would implement provisions of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328) authorizing a rural non-congregate meal service option in the Summer Food Service Program (SFSP). This would codify the flexibility for rural program operators to provide non-congregate meal service in the SFSP. Implementation would expand the reach of FNS's summer nutrition programs, providing greater access for communities and families whom the traditional SFSP cannot reliably reach.
Summary of Legal Basis: Section 502 of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), amended section 13 of the Richard B. Russell National School Lunch Act, 42 U.S.C. 1761, to establish a non-congregate meal service option in the Summer Food Service Program.
Alternatives: None.
Anticipated Cost and Benefits: Implementation is expected to add to current program costs at the Federal, State, and local levels. Implementation is anticipated to benefit families with children by enabling families access to critical nutrition assistance for their children.
Risks: N/A.
Timetable:
Action
Date
FR Cite
NPRM
07/00/26
Final Action
09/00/27
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: Local, State, Tribal
Agency Contact: Lynn Gilbert, Department of Agriculture, Food and Nutrition Administration, 1320 Braddock Place, Alexandria, VA 22314
Phone: 703 305-1615
Email:
lynn.gilbert@usda.gov
Richard Lucas, Department of Agriculture, Food and Nutrition Administration, 1320 Braddock Place, Room 555, Alexandria, VA 22314
Phone: 703 457-6797
Email:
richard.lucas@usda.gov
RIN: 0584-AF24
USDA—FNA
10. • COMBATING FRAUD IN THE CHILD AND ADULT CARE FOOD PROGRAM AND THE SUMMER FOOD SERVICE PROGRAM
Priority: Other Significant
Regulatory Accounting: Regulatory
Legal Authority: 5 U.S.C. 552a; 42 U.S.C. 1760(r); 42 U.S.C. 1761, 1766
CFR Citation: 7 CFR parts 225, 226
Legal Deadline: None
Abstract: This rulemaking proposes changes to minimize false and fraudulent claims in the Child and Adult Care Food Program (CACFP) and the Summer Food Service Program (SFSP). The proposed changes are intended to provide State agencies and sponsoring organizations with additional tools needed to effectively and efficiently identify and remove fraudulent operators and protect taxpayer dollars in CACFP and SFSP. As an additional integrity measure, this rule also proposes to apply reciprocal disqualification procedures to school meal programs, CACFP, and SFSP as required by Section 12(r) of the National School Lunch Act (NSLA) (42 U.S.C.
1760(r)). Finally, this rule proposes changes to the monitoring of day care homes and modifies recordkeeping requirements.
Statement of Need: The rule is consistent with the Administration's priority to promote fiscal responsibility and minimize fraudulent claims in the Child and Adult Care Food Program and the Summer Food Service Program by providing State agencies and sponsoring organizations with new tools to effectively identify and remove fraudulent operators.
Summary of Legal Basis: Richard B. Russell National School Lunch Act.
Alternatives: None identified.
Anticipated Cost and Benefits: Costs to State agencies and program operators to be determined are expected to be outweighed by minimizing false and fraudulent claims and strengthen integrity measures to save taxpayer dollars.
Risks: None identified.
Timetable:
Action
Date
FR Cite
NPRM
07/00/26
Final Action
11/00/27
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: Local, State, Tribal
Agency Contact: Lynn Gilbert, Department of Agriculture, Food and Nutrition Administration, 1320 Braddock Place, Alexandria, VA 22314
Phone: 703 305-1615
Email:
lynn.gilbert@usda.gov
Richard Lucas, Department of Agriculture, Food and Nutrition Administration, 1320 Braddock Place, Room 555, Alexandria, VA 22314
Phone: 703 457-6797
Email:
richard.lucas@usda.gov
RIN: 0584-AF25
USDA—FNA
11. • SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) PROGRAM INTEGRITY
Priority: Other Significant
Regulatory Accounting: Regulatory
Legal Authority: Pub. L. 89-642
CFR Citation: 7 CFR part 246.2, 246.4, 246.7, 246.12; 246.1
Legal Deadline: None
Abstract: The proposed rule would modernize vendor integrity requirements by reflecting the WIC program's nationwide implementation of electronic benefits transfer (EBT) and its move away from paper-based processes. It would advance security requirements to protect WIC participants' personal information and taxpayers in a modern marketplace. Further, it would enhance requirements regarding State agency vendor selection criteria and investigation techniques to reduce vendor fraud, abuse, and waste. The rule would also strengthen vendor investigation, violation, and sanction regulatory requirements.
Statement of Need: To strengthen program integrity in the WIC program, this proposed rule modernizes vendor integrity requirements by shifting from paper-based to electronic benefits transfer (EBT) processes nationwide. The regulations will protect WIC participants' personal information and taxpayer funds. Furthermore, the rule enhances state agency vendor selection criteria and investigation techniques to reduce vendor fraud, abuse, and waste. Stronger regulatory requirements for vendor investigations, violations, and sanctions will significantly improve oversight.
Summary of Legal Basis: The legal basis for this proposed rule can be found in Public Law 89-642.
Alternatives: There are no known alternatives that prevent program abuse and enhance integrity in the modern electronic benefits transfer operational environment as effectively as the proposed rule.
Anticipated Cost and Benefits: Anticipated costs and benefits will be discussed in the Regulatory Impact Analysis which will accompany the rule.
Risks: Any associated risks will be discussed in the proposed rule.
Timetable:
Action
Date
FR Cite
NPRM
09/00/26
Final Action
03/00/28
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal, Local, State, Tribal
Federalism: Undetermined
Agency Contact: Lynn Gilbert, Department of Agriculture, Food and Nutrition Administration, 1320 Braddock Place, Alexandria, VA 22314
Phone: 703 305-1615
Email:
lynn.gilbert@usda.gov
Richard Lucas, Department of Agriculture, Food and Nutrition Administration, 1320 Braddock Place, Room 555, Alexandria, VA 22314
Phone: 703 457-6797
Email:
richard.lucas@usda.gov
RIN: 0584-AF26
USDA—FNA
12. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC): WIC ONLINE ORDERING AND TRANSACTIONS AND FOOD DELIVERY REVISIONS TO MEET THE NEEDS OF A MODERN, DATA-DRIVEN PROGRAM
Priority: Other Significant
Regulatory Accounting: Deregulatory
Legal Authority: Pub. Law 111-296
CFR Citation: 7 CFR 246.2; 7 CFR 246.4; 7 CFR 246.12
Legal Deadline: None
Abstract: This “final rule with comment” addresses key regulatory barriers to online ordering in the WIC Program by making changes to the provisions that prevent online transactions and types of online capable stores from participating in the Program. This rule will also allow FNS to modernize WIC vendor regulations that do not reflect current technology and facilitate the Program's transition to Electronic Benefit Transfer (EBT). The final rule is responsive to prior proposed rule public comments from WIC state, public and private industry stakeholders to ensure that the final rule reflects their substantive feedback as online shopping and FNS' modernization efforts are made permanent.
Statement of Need: USDA FNS will set forth final rulemaking to reduce barriers to WIC Program services, foster innovation in the retail market, and provide the best possible customer service to participants. The retail grocery industry has changed over the past several years. Online shopping has become an increasingly common method for purchasing groceries. Pursuing online ordering in WIC will ensure that WIC participants have access to a broader array of shopping options and are not left behind as the industry continues to innovate. Households that participate in WIC should have the opportunity to shop for foods, especially those needed to address nutritional deficits, the way others shop for food, by ordering online. State agencies have been able to request and receive waivers from these regulatory barriers as a result of shorter-term statutory flexibilities. A long-term solution is required in order to continue to support modernization of the WIC program.
Summary of Legal Basis: Pub. L. 111-296
Alternatives: None identified at this time.
Anticipated Cost and Benefits: This will be discussed in the Regulatory Impact Analysis to accompany the regulation.
Risks: Risks, if any, would be discussed in the regulation.
Timetable:
Action
Date
FR Cite
NPRM
02/23/23
88 FR 11516
NPRM Comment Period End
05/24/23
Final Action
07/00/26
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal, Local, State, Tribal
Agency Contact:, Lynn Gilbert, Department of Agriculture, Food and Nutrition Administration, 1320 Braddock Place, Alexandria, VA 22314
Phone: 703 305-1615
Email:
lynn.gilbert@usda.gov
Richard Lucas, Department of Agriculture, Food and Nutrition Administration, 1320 Braddock Place, Room 555, Alexandria, VA 22314
Phone: 703 457-6797
Email:
richard.lucas@usda.gov
RIN: 0584-AE85
USDA—FNA
13. UPDATED STAPLE FOOD STOCKING STANDARDS FOR RETAILERS IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Priority: Other Significant
Regulatory Accounting: Regulatory
Legal Authority: Pub. L. 113-79; 7 U.S.C. 2011 to 2036
Relevant Executive Orders: 14212
CFR Citation: 7 CFR 271; 7 CFR 278
Legal Deadline: None
Abstract: The Agricultural Act of 2014 amended the Food and Nutrition Act of 2008 to increase the requirement that certain Supplemental Nutrition Assistance Program (SNAP) authorized retail food stores have available on a continuous basis at least three varieties of items in each of food staple food categories, to a mandatory minimum of seven varieties. This final rule would provide some retailers participating in SNAP as authorized food stores with more flexibility in meeting the enhanced SNAP eligibility requirements while also simplifying the criteria.
Statement of Need: This final rule refines the eligibility requirements for retailers participating in the SNAP program. The updated standards implement the Agricultural Act of 2014 by increasing the minimum number of varieties for food staples from three to seven. These changes aim to ensure that authorized retailers can effectively serve the intended population of SNAP participants by offering a wider variety of staple foods. The rule also provides some flexibility for retailers while simplifying the overall criteria.
Summary of Legal Basis: The legal basis for this rule can be found in the Agricultural Act of 2014 (Pub. L. 113-79), as codified at 7 U.S.C. 2011-2036.
Alternatives: There are no known alternatives that implement the enhanced stocking requirements of Pub L. 113-79 in ways that are practical and flexible for SNAP-authorized retailers.
Anticipated Cost and Benefits:
Benefits: The proposed rule will increase the variety of staple food products offered for sale at SNAP-authorized firms, which will help to ensure that SNAP households have access to healthier foods on a continuous basis.
Costs: The Department has estimated the proposed rule's total cost to the Federal Government as approximately $4 million in fiscal year (FY) 2027, and to incur no further costs after implementation. The cost to currently authorized retailers is estimated to be approximately $55 million in the first year and about $2 million per year over the following four years.
Risks: Any associated risks will be discussed in the rule.
Timetable:
Action
Date
FR Cite
NPRM
09/25/25
90 FR 46081
Final Action
07/00/26
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Undetermined
Agency Contact: Lynn Gilbert, Department of Agriculture, Food and Nutrition Administration, 1320 Braddock Place, Alexandria, VA 22314
Phone: 703 305-1615
Email:
lynn.gilbert@usda.gov
Richard Lucas, Department of Agriculture, Food and Nutrition Administration, 1320 Braddock Place, Room 555, Alexandria, VA 22314
Phone: 703 457-6797
Email:
richard.lucas@usda.gov
Related RIN: Related to 0584-AE27
RIN: 0584-AF12
USDA—Food Safety and
Inspection Service
(FSIS)
Proposed Rule Stage
14. MAXIMUM LINE SPEED RATES FOR YOUNG CHICKEN AND TURKEY ESTABLISHMENTS OPERATING UNDER THE NEW POULTRY INSPECTION SYSTEM
Priority: Economically Significant. Major under 5 U.S.C. 801.
Regulatory Accounting: Deregulatory
Legal Authority: 21 U.S.C. 451, et. seq.
Relevant Executive Orders: 14212; 14267
CFR Citation: 9 CFR part 381
Legal Deadline: None
Abstract: The Food Safety and Inspection Service (FSIS) is proposing to amend the regulations that prescribe the maximum line speed rates under the New Poultry Inspection System (NPIS) to allow NPIS young chicken and turkey establishments to operate at more efficient line speeds.
Statement of Need: This proposed rule is needed to give poultry slaughter establishments the ability to operate under inspection systems and at line speeds that would allow them slaughter birds more efficiently without the need for a regulatory waiver while continuing to ensure food safety and effective FSIS online carcass inspection.
Summary of Legal Basis: FSIS has been delegated the authority to exercise the functions of the Secretary (7 CFR 2.18, 2.53), as specified in the Poultry Products Inspection Act (21 U.S.C 451
et seq.
). This statute mandates that FSIS protect the public by verifying that poultry products are safe, wholesome, unadulterated, and properly labeled and packaged. The PPIA also requires, among other things, that [t]he Secretary [of Agriculture], whenever processing operations are being conducted, shall cause to be made by inspectors postmortem inspection of the carcasses of each bird processed (21 U.S.C. 455(b)). The PPIA provides that the Secretary shall promulgate such other rules and regulations as are necessary to carry out the provisions of the statutes (21 U.S.C. 463(b)).
Alternatives: FSIS may consider alternatives during the development of the proposed rule.
Anticipated Cost and Benefits: Overall, this proposed rule would benefit establishments that slaughter poultry, other than ratites, by ending the need for certain waivers. The proposed rule would allow certain poultry establishments to increase efficiency and decrease production costs by eliminating unnecessary barriers efficiency while maintaining or even improving food safety.
Allowing additional NPIS young chicken and young turkey
establishments to operate at more efficient line speeds would likely result in cost savings through reducing their production costs by using resources more efficiently and optimizing their production process. Further, allowing non-NPIS establishments that slaughter poultry classes other than ratites to operate under NPIS or SIS would give industry additional flexibility to choose the inspection system that is best suited for their operations.
If NPIS establishments currently operating without a line speed waiver choose to increase their line speeds, they would likely incur costs associated with hiring additional labor, training, and Hazard Analysis and Critical Control Point (HACCP) plan reassessment. An establishment would only incur these costs if the benefits outweigh the costs, since the choice to operate at increased line speeds is a voluntary business decision.
Risks: If the Agency does not proceed with the proposed poultry line speed rule, establishments may continue to be unable to operate at full capacity. This could limit the number of birds processed each day, slow production, and create inefficiencies across the supply chain. Without a clear regulatory framework to increase line speeds, establishments may delay investments in modernization and may not operate under NPIS, which could reduce productivity, make it harder for the industry to respond to market demand, and increase Agency costs.
Timetable:
Action
Date
FR Cite
NPRM
02/19/26
91 FR 7926
NPRM Comment Period End
04/20/26
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
Phone: 202 286-2255
Email:
melissa.hammar@usda.gov
RIN: 0583-AE01
USDA—FSIS
15. MAXIMUM LINE SPEED UNDER THE NEW SWINE SLAUGHTER INSPECTION SYSTEM (NSIS)
Priority: Economically Significant. Major under 5 U.S.C. 801.
Regulatory Accounting: Deregulatory
Legal Authority: 21 U.S.C. 601,
et. seq.
Relevant Executive Orders: 14212; 14267
CFR Citation: 9 CFR part 310
Legal Deadline: None
Abstract: The Food Safety and Inspection Service (FSIS) is proposing to amend the pork products inspection regulations to eliminate line speed limits for NSIS establishments and allow NSIS establishments to determine their line speeds based on their ability to maintain process control. FSIS intends to republish 9 CFR 310.26(c) (previously struck down by the U.S. District Court of the District of Minnesota) to eliminate the existing maximum line speed of 1,106 head per hour (hph) for NSIS establishments. The worker safety study found that line speed is not a leading factor for work-related musculoskeletal disorders (MSDs) in swine slaughter establishments.
Statement of Need: In October 2019, FSIS established the NSIS (84 FR 52300). The NSIS regulations, among other things, eliminated the existing maximum line speed of 1,106 hph for NSIS establishments and authorized establishments to determine their own line speeds based on their ability to maintain process control and food safety.
On June 30, 2021, based on a court decision, all NSIS establishments had to return to a maximum linespeed of 1,106 hph, unless an establishment has obtained a regulatory waiver from FSIS.
In November 2021, in response to a court decision, FSIS announced that the agency, in collaboration with OSHA, developed a time-limited trial (TLT) that allowed existing NSIS establishments to experiment with ergonomics, automation, and crewing to create custom work environments that will both protect food safety and worker safety while increasing productivity. The TLT has allowed six NSIS establishments to operate at increased line speeds under regulatory waivers. During the TLT, third-party contractors that the Agency hired to conduct a worker safety study in NSIS establishments collected data that measures how evisceration line speeds impact work-related MSD risk.
In January 2025,USDA published the contractor's report on the linespeed worker safety study.The study concluded that piece rate (
i.e.,
the number of hog parts handled per minute by a worker) is a better measure of MSD risk than line speed and that all establishments, regardless of current or anticipated future increased line speed, can mitigate MSD risk by increasing job-specific staffing levels, decreasing job-specific line speeds, or both. On March 17, 2025, USDA announced that it would extend the waivers and that rulemaking to propose line speed increases would begin immediately.
Summary of Legal Basis: FSIS has been delegated the authority to exercise the functions of the Secretary (7 CFR 2.18, 2.53), as specified in the FMIA. This statute mandates that FSIS protect the public by verifying that meat products are safe, wholesome, unadulterated, and properly labeled and packaged. The Act also prohibits the distribution in commerce of any meat products that are adulterated or misbranded. The FMIA gives FSIS broad authority to promulgate such rules and regulations as are necessary to carry out provisions of the Act (21 U.S.C. 621).
Alternatives: FSIS may consider alternatives during the development of the proposed rule.
Anticipated Cost and Benefits: Republishing and amending 9 CFR 310.26(c) to eliminate maximum linespeeds at NSIS establishments would reduce regulatory uncertainty and allow industry to operate more efficiently, likely reducing their production costs by optimizing their production process without compromising food safety.
This proposed rule, if finalized, would benefit NSIS establishments operating with a line speed waiver by eliminating potential regulatory uncertainty regarding the duration of the waivers. Allowing NSIS establishments currently operating without a line speed waiver to operate without a line speed limit would likely result in cost savings through reducing their production costs. This proposed rule may also benefit non-NSIS establishments that voluntarily choose to switch to NSIS and operate at more efficient line speeds.
If an NSIS establishment currently operating without a line speed waiver chooses to increase their line speeds, they would likely incur costs associated with hiring additional labor, training, and Hazard Analysis and Critical Control Point (HACCP) plan reassessment. Non-NSIS establishments that voluntarily choose to convert to NSIS would incur costs for hiring additional labor, training, ready to cook requirements, and HACCP plan reassessment. An establishment would only incur these costs if the benefits outweigh the costs, since the choice to operate at increased line speeds is a voluntary business decision.
Risks: If the Agency does not proceed with the proposed swine line speed rule, establishments may continue to be
unable to operate at full capacity. This could limit the number of animals processed each day, slow production, and create inefficiencies across the supply chain. Without a clear regulatory framework to increase line speeds, establishments may delay investments in modernization and may not operate under NSIS, which could reduce productivity, make it harder for the industry to respond to market demand, and increase Agency costs.
Timetable:
Action
Date
FR Cite
NPRM
02/19/26
91 FR 7905
NPRM Comment Period End
04/20/26
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
Phone: 202 286-2255
Email:
melissa.hammar@usda.gov
RIN: 0583-AE02
USDA—FSIS
16. • MODERNIZATION OF BEEF SLAUGHTER INSPECTION
Priority: Other Significant
Regulatory Accounting: Regulatory
Legal Authority: 21 U.S.C. 601
et seq.
Relevant Executive Orders: 14212; 14267
CFR Citation: 9 CFR parts 301, 307, and 310
Legal Deadline: None
Abstract: The Food Safety and Inspection Service (FSIS) intends to propose amendments to the Federal meat inspection regulations to create an optional new inspection system for beef slaughter establishments. The system is expected to help FSIS use its resources more efficiently while still providing a level of public health protection equivalent to the current inspection system. It would also remove unnecessary regulatory obstacles to innovation. Establishments that do not opt in would continue under their current inspection system. FSIS also intends to propose changes that would apply to all beef slaughter establishments, giving them more flexibility to design sampling plans that fit their operations and improve how they monitor process control.
Statement of Need: The proposed action is necessary to make better use of the Agency's resources and remove unnecessary regulatory obstacles to innovation.
Summary of Legal Basis: FSIS has been delegated the authority to exercise the functions of the Secretary (7 CFR 2.18, 2.53), as specified in the FMIA. This statute mandates that FSIS protect the public by verifying that meat products are safe, wholesome, unadulterated, and properly labeled and packaged. The Act also prohibits the distribution in commerce of any meat products that are adulterated or misbranded. The FMIA gives FSIS broad authority to promulgate such rules and regulations as are necessary to carry out provisions of the Act (21 U.S.C. 621).
Alternatives: FSIS may consider alternatives during the development of the proposed rule.
Anticipated Cost and Benefits: The proposed regulations are expected to benefit beef slaughter establishments by removing unnecessary regulatory obstacles to innovation and allowing establishments more flexibility in how they configure their slaughter lines. The proposed changes are also expected to reduce establishments' sampling costs. FSIS anticipates that the proposed actions would make better use of the Agency's resources, which may reduce personnel and training costs. Establishments may incur increased labor and recordkeeping costs as a result of the proposed requirements.
Risks: If FSIS does not move forward with this rulemaking, establishments may continue to face regulatory requirements that limit their ability to adjust line configurations or adopt new technologies. Without changes to the current regulations, establishments may also continue to incur higher sampling costs and have fewer options for tailoring their food safety procedures to their specific operations. In addition, FSIS may need to maintain higher staffing levels and continue investing in training for inspection procedures that could be streamlined. This could limit the Agency's ability to use its resources more efficiently and respond to changing inspection needs across the industry.
Timetable:
Action
Date
FR Cite
NPRM
11/00/26
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
Phone: 202 286-2255
Email:
melissa.hammar@usda.gov
RIN: 0583-AE08
USDA—FSIS
Final Rule Stage
17. REVISION OF THE NUTRITION FACTS LABELS FOR MEAT AND POULTRY PRODUCTS AND UPDATING CERTAIN REFERENCE AMOUNTS CUSTOMARILY CONSUMED
Priority: Other Significant
Regulatory Accounting: Regulatory
Legal Authority: 21 U.S.C. 601
et seq.;
21 U.S.C. 451
et seq.
Relevant Executive Orders: 14212
CFR Citation: 9 CFR part 317; 9 CFR part 381; 9 CFR part 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 five alternatives in the proposed rule: (1.) No action; (2.) A 24-month compliance period for large manufacturers and a 36-month compliance period for small manufacturers (as proposed); (3.) A 42-month compliance period for all manufacturers; (4.) A 24-month compliance period for all manufactures; or (5.) A 12-month compliance period for large manufacturers and a 24-month compliance period for small manufacturers.
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
07/00/26
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-AD56
USDA—Forest Service
(FS)
Proposed Rule Stage
18. SPECIAL AREAS: ROADLESS AREA CONSERVATION REPEAL
Priority: Other Significant. Major status under 5 U.S.C. 801 is undetermined.
Regulatory Accounting: Deregulatory
Legal Authority: 16 U.S.C. 472, 551, and 1604; 42 U.S.C. 4321
Relevant Executive Orders: 14308; 14153; 14219
CFR Citation: 36 CFR 294
Legal Deadline: None
Abstract: The rulemaking would repeal 36 CFR 294 subpart B, which established prohibitions on road construction, road reconstruction, and timber harvesting in inventoried roadless areas on National Forest System lands. With the repeal, management requirements for inventoried roadless areas would be guided by individual land management plans. This rulemaking is in accordance with Executive Order 14153,
Unleashing Alaska's Extraordinary Resource Potential,
section 3(c), which directs the Secretary of Agriculture to reinstate the 2020 Alaska Roadless Rule (85 FR 68688). By removing the nationwide roadless standard under the 2001 Roadless Rule, a Tongass National Forest exemption under the 2020 Alaska Roadless Rule is no longer needed.
Statement of Need: The Department of Agriculture (USDA) is proposing this rule to establish a more effective and efficient administrative framework for managing the National Forest System's (NFS) inventoried roadless areas (IRAs). The current 2001 Roadless Rule established a single, nationwide set of prohibitions on road construction, road reconstruction, and timber harvesting in IRAs. The Department believes that this “one-size-fits-all” approach is no longer appropriate given changing resource conditions and shifts in policy priorities.
The promulgation of this rule will:
1. Address Evolving Conditions and Policy Priorities: Resource conditions within and adjacent to NFS lands have dramatically changed since 2001, including the expansion of the wildland-urban interface, growing impacts of extreme wildfire, drought, and insect and disease infestations. Management flexibility is required for the Agency to achieve its multiple-use conservation mission, including wildfire suppression and fuel reduction treatments.
2. Align with National Directives: This action is being proposed in accordance with Executive Order 14192, Unleashing Prosperity Through Deregulation, to alleviate unnecessary regulatory burdens. It also responds to Executive Order 14153, Unleashing Alaska's Extraordinary Resource Potential, which directs the Secretary of Agriculture to reinstate the 2020 Alaska Roadless Rule (the effect of which is achieved by rescinding the nationwide rule).
3. Restore Local Management Flexibility: Rescinding the 2001 Roadless Rule would return discretion for local land managers to tailor management, as appropriate, to local land conditions. Conservation and management of roadless area characteristics can be more effectively achieved through the robust public process and site-specific analysis inherent in the National Forest Management Act (NFMA) forest planning framework. This approach addresses longstanding administrative and policy challenges that have created uncertainty since 2001.
4. Enable Economic Development: The rule aims to enable job creation and economic development in rural America through responsible timber production and promotion of direct and indirect forest-related jobs.
Summary of Legal Basis: The Secretary of Agriculture has broad authority to protect and administer the National Forest System (NFS) through regulation. The legal basis for this rulemaking stems primarily from:
• The Organic Administration Act of 1897 (Organic Act): This Act provides the Secretary with the authority to issue rules and regulations to “regulate the occupancy and use of the forests and to preserve them from destruction”.
• The Multiple-Use Sustained-Yield Act of 1960 (MUSYA): This Act mandates the Forest Service to manage NFS lands for multiple uses and sustained yield of renewable surface
resources to meet the needs of the American people.
• The National Forest Management Act of 1976 (NFMA): This statute requires the Forest Service to prepare comprehensive land and resource management plans (forest plans) for each NFS unit. The decision to rescind the national prohibition is an exercise of the Secretary's discretion to determine the proper uses within any area.
This proposed rule is an exercise of the Secretary of Agriculture's discretion to determine the most appropriate administrative process for balancing competing values and uses in IRAs.
Alternatives: The Environmental Impact Statement (EIS) being prepared to analyze this proposal will evaluate the effects of the proposed action and a reasonable range of alternatives. The alternatives generally include:
1. Proposed Action (Rescission of the 2001 Roadless Rule): The USDA proposes to rescind the 2001 Roadless Area Conservation Rule (36 CFR Subpart B), including its application to the Tongass National Forest, while maintaining the state-specific roadless conservation rules for Idaho (36 CFR Subpart C) and Colorado (36 CFR Subpart D). This action would remove the nationwide prohibitions on road construction, road reconstruction, and timber harvesting on IRAs, returning decision-making authority to local land managers guided by existing Forest-level land management plans.
2. No Action Alternative: This alternative would retain the 2001 Roadless Rule in its current form. This maintains the designation of 9,368,000 acres of IRAs on the Tongass (as established in 2001) and continues the prohibitions on timber harvest and road construction/reconstruction nationwide, with limited exceptions. The No Action Alternative serves as the baseline condition for comparison.
3. Other Alternatives for Roadless Area Conservation: The EIS will study alternatives for roadless area conservation on NFS lands, including the Tongass National Forest, in the context of multiple-use management.
Anticipated Cost and Benefits: The benefits and costs associated with rescinding the 2001 Roadless Rule are largely programmatic and are generally described qualitatively.
Anticipated Benefits:
• Increased Management Flexibility: Provides local land managers the flexibility needed to respond to changing local conditions, such as reducing the risk of uncharacteristic wildfire effects and addressing insect and disease infestations.
• Economic Opportunity: Potentially expands the land base available for timber harvest and offers greater flexibility in locating and designing timber sales. This improved flexibility could improve the Forest Service's ability to offer economic sales that contribute to rural economies.
• Infrastructure and Development: Benefits for the transportation, infrastructure, and mineral development sectors are anticipated due to the rescission of prohibitions on road building.
• Local Decision-making: Returns decision-making authority to the local forest level, potentially enhancing local collaboration and aligning management with regional goals.
Anticipated Costs:
• Loss of Roadless Values: Increased development (road construction/reconstruction and timber harvest) resulting from the proposed rule could adversely affect the scenic beauty of roadless areas, water quality, fisheries, wildlife, and associated recreation opportunities. Road construction, reconstruction, and timber harvest pose the greatest risks of altering and fragmenting natural landscapes.
• Increased Administrative Costs: The proposed rule may result in increased administrative costs related to the necessary maintenance of any new roads constructed.
• Distributional Effects: While the overall change in resource availability across most regions is expected to be small, effects may be more pronounced in specific regions (
e.g.,
Alaska).
Risks: The programmatic nature of this rulemaking means that specific on-the-ground risks are difficult to quantify, but potential risks include:
1. Environmental Degradation: The primary risk is the loss of the ecological and social values afforded by IRAs, such as high quality or undisturbed soil, water, and air; sources of public drinking water; diversity of plant and animal communities; and habitat for sensitive species.
2. Increased Public Controversy and Litigation: The rule is expected to generate significant public interest, including strong opposition from some state and local governments, Tribal communities, and environmental groups concerned about diminished protections. There is ongoing litigation related to roadless areas, particularly concerning the Tongass National Forest. Rescinding the rule may exacerbate controversy by replacing national uniformity with varying, localized management approaches.
3. Impacts on Subsistence Uses (Tongass Context): In the context of the Tongass, removing the 2001 Roadless Rule protections increases the risk of adverse effects to subsistence uses due to increased competition for resources or impacts on resource distribution and abundance, particularly deer habitat.
4. Compliance and Consultation Risk: Although the agency maintains commitment to consultation, the rulemaking must ensure compliance with requirements such as the Endangered Species Act (ESA) and Executive Order 13175 (Tribal Consultation), as programmatic rules affecting vast areas carry inherent risk regarding potential effects on threatened and endangered species or Tribal interests.
Timetable:
Action
Date
FR Cite
NPRM
07/00/26
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Agency Contact: Nathan Morris, Department of Agriculture, Forest Service, 201 14th Street SW, Washington, DC 20024
Phone: 202 205-0833
Email:
nathan.morris@usda.gov
RIN: 0596-AD66
BILLING CODE 3410-90-P
Department Of Commerce
Statement of Regulatory and Deregulatory 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 American communities by promoting innovation, entrepreneurship, competitiveness, national security, and environmental stewardship. Commerce has 13 operating units, which manage a diverse portfolio of programs and services ranging from export controls, trade promotion, and improved broadband access to overseeing the National Weather Service, developing standards for the U.S. and the world, and producing statistical data. The Department executes the census, oversees the Patent and Trademark Office, and take care of the nation's oceans and fisheries. Across these varied activities, Commerce seeks to provide a foundation for a more dynamic, 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 developing new ideas through cutting-edge science and technology, from advances in nanotechnology to ocean exploration to broadband deployment, and by protecting and incentivizing American innovations through the patent and trademark system;
• Promote entrepreneurship and commercialization by strengthening capital markets, incentivizing growth, facilitating community development, and empowering small businesses.
• Maintain U.S. economic competitiveness in the global marketplace by promoting exports and foreign direct investment, securing 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 new and sustainable growth. Of Commerce's 13 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 most important significant pre-regulatory or regulatory actions for FY 2026.
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.
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 environmental stewardship must go hand-in hand with economic growth. For example, with respect to the nation's fisheries, NOAA looks simultaneously to ensure sustainability and optimize resources in order to boost long-term economic growth and competitiveness in the vital fisheries sector of the U.S. economy. In doing so, we are guided by the ambitious agenda to revitalize our U.S. fisheries set forth by the President in E.O. 14276, “Restoring American Seafood Competitiveness.” Similarly, national marine sanctuaries both protect important natural resources and also 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; authorizes incidental take of marine mammals and provides consultations for interagency partners when ESA-listed species may be affected by certain activities that are important to the economy, national security, or other reasons; and promotes economic development of the U.S. fishing industry. NOS supports 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.
In FY 2025, the agency finalized 5 deregulatory actions (RINs 0648-BN45, 0648-BN64, 0648-BN51, 0648-BN18, and 0648-BN36) as defined under E.O. 14192, “Unleashing Prosperity Through Deregulation” and anticipates finalizing approximately 14 more in FY 2026 (RINs 0648-BL64, 0648-BM54, 0648-BN70, 0648-BN52, 0648-BN90, 0648-BM08, 0648-BN68, 0648-BN55, 0648-BN43, 0648-BI10, 0648-BN60, 0648-BN24, 0648-BN59, and 0648-BN95).
Many of NOAA's rulemakings, of which roughly 13 are expected to be significant rulemakings, as defined in Executive Order 12866, 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). Pursuant to the Magnuson-Stevens Act, NOAA manages the nation's fisheries with input from eight regional Fishery Management Councils (Councils). The Councils are comprised of representatives from the commercial and recreational fishing sectors, environmental groups, academia, and Federal and State government. Under the Act, the Councils prepare fishery management plans (FMPs) and amendments to FMPs, and they recommend implementing regulations for each managed fishery. With certain exceptions, rulemakings under the Magnuson-Stevens Act are usually recommended by the actions of the Councils. FMPs address a variety of issues, including maximizing fishing opportunities on healthy stocks, rebuilding overfished stocks, and addressing gear conflicts. In turn, after considering the Councils' recommendations in light of the standards and requirements set forth in the Magnuson-Stevens Act and other applicable laws, NOAA (exercising delegated authority) makes decisions on whether to issue regulations to implement the proposed FMPs and FMP amendments. This collaboration with the Councils gives NMFS the flexibility to incorporate local level input to develop management strategies appropriate for each region's unique fisheries, challenges, and opportunities. It also provides for a robust public process. 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. 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. As itemized in the Unified Agenda, NOAA plans to take several hundred actions in FY 2026 under Magnuson-Stevens Act authority to achieve optimum yield for our fisheries.
Marine Mammal Protection Act
The Marine Mammal Protection Act of 1972 (MMPA) provides the authority for the conservation and management of marine mammals under U.S. jurisdiction. The MMPA 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.,
offshore energy-related activities, scientific research) 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. NMFS rulemaking actions under the ESA are focused on determining whether any species under its jurisdictional responsibility is endangered or threatened and whether those species must be added to the List of Threatened and Endangered Species. NMFS is also responsible for designating, reviewing and revising critical habitat for any listed species. One of the agency's priorities under the ESA is a joint action with FWS to rescind the definition of “harm” (0648-BN93). The existing regulatory definition of “harm,” which includes habitat modification, runs contrary to the best meaning of the statutory term “take.” This action will adhere to the single, best meaning of the ESA.
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 the responsibility for management of national marine sanctuaries. Regulations issued pursuant to NMSA 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 2025, NOAA published 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 America, Long Island Sound, one or more of the Great Lakes, and Pacific and Caribbean U.S. territories and commonwealths), 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 NOAA.
Of the numerous regulatory actions that NOAA is planning for this year and that are included in the Unified Agenda, the Department describes three below.
NOAA's Regulatory Plan Actions
1. Endangered and Threatened Wildlife and Plants; Regulations for Listing Species and Designating Critical Habitat (0648-BN70): This action responds to the E.O. 14154, titled “Unleashing American Energy,” which directed all departments and agencies to immediately review agency actions that potentially impose an undue burden on the identification, development, or use of domestic energy resources, and, as appropriate and consistent with applicable law, consider suspending, revising, or rescinding agency actions that conflict with this national objective. The Department of Interior (DOI) issued Secretarial Order (SO) 3418 to implement E.O. 14154 and requires that the FWS, in cooperation with NMFS, take action to suspend, revise, or rescind the ESA regulations that were revised in 2024. E.O. 14219 also directs all departments and agencies to review and rescind unlawful regulations that are “based on anything other than the best reading of the underlying statutory authority.”
2. Endangered and Threatened Wildlife and Plants; Interagency Cooperation (0648-BN79): This action responds to the E.O. 14154, titled “Unleashing American Energy,” which directed the removal of impediments imposed on the development and use of the country's energy and natural resources by the previous administration's regulations, and the Department of Interior (DOI) Secretarial Order (SO) 3418, to implement E.O. 14154 which specifically requires that the FWS, in cooperation with the NMFS take action to suspend, revise, or rescind the ESA regulations that were revised in 2024. E.O. 14219 also directs all departments and agencies to review and rescind unlawful regulations that are “based on anything other than the best reading of the underlying statutory authority.”
3. Deep Seabed Mining: Revisions to Regulations for Exploration License and Commercial Recovery Permit Applications (0648-BN96): This action is to revise NOAA's regulations (15 CFR parts 970 and 971) that implement the Deep Seabed Hard Mineral Resources Act, 30 U.S.C. 1401, et. seq., (DSHMRA or the Act). DSHMRA is an important part of the President's directive, E.O. 14285, “Unleashing America's Offshore Critical Minerals and Resources,” to establish policies to advance U.S. leadership in seabed mineral exploration and responsible commercial recovery. Currently, the DSHMRA regulations require a sequential process. Applicants must first obtain an exploration license from NOAA before they can submit a commercial recovery permit application. When NOAA promulgated the DSHMRA regulations in the 1980s, this sequential approach was appropriate due to the nascent stage of deep seabed mining technology and
the data needed for a commercial recovery application. However, at that time NOAA reserved a section of the regulations for a consolidated review once the industry matured. See 51 FR 26794, 26796 (July 25, 1986).
The United States Patent and Trademark Office
The USPTO's mission is to foster innovation, competitiveness, and economic growth, domestically a
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