Proposed Rule2022-00702
Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2021
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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 31, 2022
Issuing agencies
Regulatory Information Service Center
Abstract
Publication of the Fall 2021 Unified Agenda of Federal Regulatory and Deregulatory Actions represents a key component of the regulatory planning mechanism prescribed in Executive Order ("E.O.") 12866, "Regulatory Planning and Review," (58 FR 51735) and reaffirmed in E.O. 13563, "Improving Regulation and Regulatory Review," (76 FR 3821). The Regulatory Flexibility Act requires that agencies publish semiannual regulatory agendas in the Federal Register describing regulatory actions they are developing that may have a significant economic impact on a substantial number of small entities (5 U.S.C. 602). The Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), published in the fall and spring, helps agencies fulfill all of these requirements. All federal regulatory agencies have chosen to publish their regulatory agendas as part of this publication. The complete Unified Agenda and Regulatory Plan can be found online at www.reginfo.gov and a reduced print version can be found in the Federal Register. Information regarding obtaining printed copies can also be found on the Reginfo.gov website (or below, VI. How Can Users Get Copies of the Plan and the Agenda?). The Fall 2021 Unified Agenda publication appearing in the Federal Register includes the Regulatory Plan and agency regulatory flexibility agendas, in accordance with the publication requirements of the Regulatory Flexibility Act. Agency regulatory flexibility agendas contain only those Agenda entries for rules that are likely to have a significant economic impact on a substantial number of small entities and entries that have been selected for periodic review under section 610 of the Regulatory Flexibility Act. The complete Fall 2021 Unified Agenda contains the Regulatory Plans of 27 Federal agencies and 67 Federal agency regulatory agendas.
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[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Proposed Rules]
[Pages 5002-5187]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00702]
[[Page 5001]]
Vol. 87
Monday,
No. 20
January 31, 2022
Part II
Regulatory Information Service Center
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Introduction to the Unified Agenda of Federal Regulatory and
Deregulatory Actions--Fall 2021
Federal Register / Vol. 87 , No. 20 / Monday, January 31, 2022 /
Regulatory Plan
[[Page 5002]]
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REGULATORY INFORMATION SERVICE CENTER
Introduction to the Unified Agenda of Federal Regulatory and
Deregulatory Actions--Fall 2021
AGENCY: Regulatory Information Service Center.
ACTION: Introduction to the Regulatory Plan and the Unified Agenda of
Federal Regulatory and Deregulatory Actions.
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SUMMARY: Publication of the Fall 2021 Unified Agenda of Federal
Regulatory and Deregulatory Actions represents a key component of the
regulatory planning mechanism prescribed in Executive Order (``E.O.'')
12866, ``Regulatory Planning and Review,'' (58 FR 51735) and reaffirmed
in E.O. 13563, ``Improving Regulation and Regulatory Review,'' (76 FR
3821). The Regulatory Flexibility Act requires that agencies publish
semiannual regulatory agendas in the Federal Register describing
regulatory actions they are developing that may have a significant
economic impact on a substantial number of small entities (5 U.S.C.
602).
The Unified Agenda of Regulatory and Deregulatory Actions (Unified
Agenda), published in the fall and spring, helps agencies fulfill all
of these requirements. All federal regulatory agencies have chosen to
publish their regulatory agendas as part of this publication. The
complete Unified Agenda and Regulatory Plan can be found online at
<a href="http://www.reginfo.gov">www.reginfo.gov</a> and a reduced print version can be found in the Federal
Register. Information regarding obtaining printed copies can also be
found on the <a href="http://Reginfo.gov">Reginfo.gov</a> website (or below, VI. How Can Users Get
Copies of the Plan and the Agenda?).
The Fall 2021 Unified Agenda publication appearing in the Federal
Register includes the Regulatory Plan and agency regulatory flexibility
agendas, in accordance with the publication requirements of the
Regulatory Flexibility Act. Agency regulatory flexibility agendas
contain only those Agenda entries for rules that are likely to have a
significant economic impact on a substantial number of small entities
and entries that have been selected for periodic review under section
610 of the Regulatory Flexibility Act.
The complete Fall 2021 Unified Agenda contains the Regulatory Plans
of 27 Federal agencies and 67 Federal agency regulatory agendas.
ADDRESSES: Regulatory Information Service Center (MR), General Services
Administration, 1800 F Street NW, Washington, DC 20405.
FOR FURTHER INFORMATION CONTACT: For further information about specific
regulatory actions, please refer to the agency contact listed for each
entry. To provide comment on or to obtain further information about
this publication, contact: Boris Arratia, Director, Regulatory
Information Service Center (MR), General Services Administration, 1800
F Street NW, Washington, DC 20405, 703-795-0816. You may also send
comments to us by email at: <a href="/cdn-cgi/l/email-protection#4e1c071d0d0e293d2f60292138"><span class="__cf_email__" data-cfemail="bbe9f2e8f8fbdcc8da95dcd4cd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
Introduction to the Regulatory Plan and the Unified Agenda of Federal
Regulatory and Deregulatory Actions
I. What are the Regulatory Plan and the Unified Agenda?
II. Why are the Regulatory Plan and the Unified Agenda published?
III. How are the Regulatory Plan and the Unified Agenda organized?
IV. What information appears for each entry?
V. Abbreviations
VI. How can users get copies of the Plan and the Agenda?
Introduction to the Fall 2021 Regulatory Plan
Agency Regulatory Plans
Cabinet Departments
Department of Agriculture
Department of Commerce
Department of Defense
Department of Education
Department of Energy
Department of Health and Human Services
Department of Homeland Security
Department of Housing and Urban Development
Department of the Interior
Department of Justice
Department of Labor
Department of Transportation
Department of the Treasury
Department of Veterans Affairs
Other Executive Agencies
Architectural and Transportation Barriers Compliance Board
Environmental Protection Agency
General Services Administration
National Aeronautics and Space Administration
National Archives and Records Administration
National Science Foundation
Office of Management and Budget
Office of Personnel Management
Pension Benefit Guaranty Corporation
Small Business Administration
Social Security Administration
Independent Regulatory Agencies
Consumer Product Safety Commission
Federal Trade Commission
National Indian Gaming Commission
Nuclear Regulatory Commission
Agency Agendas
Cabinet Departments
Department of Agriculture
Department of Commerce
Department of Defense
Department of Education
Department of Energy
Department of Health and Human Services
Department of Homeland Security
Department of the Interior
Department of Labor
Department of Transportation
Department of the Treasury
Other Executive Agencies
Committee for Purchase From People Who Are Blind or Severely
Disabled
Environmental Protection Agency
General Services Administration
Office of Management and Budget
Office of Personnel Management
Small Business Administration
Joint Authority
Department of Defense/General Services Administration/National
Aeronautics and Space Administration (Federal Acquisition
Regulation)
Independent Regulatory Agencies
Consumer Financial Protection Bureau
Consumer Product Safety Commission
Federal Communications Commission
Federal Reserve System
National Labor Relations Board
Nuclear Regulatory Commission
Securities and Exchange Commission
Surface Transportation Board
Introduction to the Regulatory Plan and the Unified Agenda of Federal
Regulatory and Deregulatory Actions
I. What are the Regulatory Plan and the Unified Agenda?
The Regulatory Plan serves as a defining statement of the
Administration's regulatory and deregulatory policies and priorities.
The Plan is part of the fall edition of the Unified Agenda. Each
participating agency's regulatory plan contains: (1) A narrative
statement of the agency's regulatory and deregulatory priorities, and,
for the most part, (2) a description of the most important significant
regulatory and deregulatory actions that the agency reasonably expects
to issue in proposed or final form during the upcoming fiscal year.
This edition includes the regulatory plans of 30 agencies.
The Unified Agenda provides information about regulations that the
Government is considering or reviewing. The Unified Agenda has appeared
in the Federal Register twice each year since 1983 and has been
available online since 1995. The complete Unified Agenda is available
to the public at <a href="http://www.reginfo.gov">www.reginfo.gov</a>. The online Unified Agenda offers
flexible search tools and access to the historic
[[Page 5003]]
Unified Agenda database to 1995. The complete online edition of the
Unified Agenda includes regulatory agendas from 65 Federal agencies.
Agencies of the United States Congress are not included.
The Fall 2021 Unified Agenda publication appearing in the Federal
Register consists of The Regulatory Plan and agency regulatory
flexibility agendas, in accordance with the publication requirements of
the Regulatory Flexibility Act. Agency regulatory flexibility agendas
contain only those Agenda entries for rules that are likely to have a
significant economic impact on a substantial number of small entities
and entries that have been selected for periodic review under section
610 of the Regulatory Flexibility Act. Printed entries display only the
fields required by the Regulatory Flexibility Act. Complete agenda
information for those entries appears, in a uniform format, in the
online Unified Agenda at <a href="http://www.reginfo.gov">www.reginfo.gov</a>.
The following agencies have no entries for inclusion in the printed
regulatory flexibility agenda. An asterisk (*) indicates agencies that
appear in The Regulatory Plan. The regulatory agendas of these agencies
are available to the public at <a href="http://www.reginfo.gov">www.reginfo.gov</a>.
Cabinet Departments
Department of Justice*
Department of Housing and Urban Development*
Department of State*
Department of Veterans Affairs*
Other Executive Agencies
Agency for International Development
Architectural and Transportation Barriers Compliance Board
Commission on Civil Rights
Corporation for National and Community Service
Council on Environmental Quality
Court Services and Offender Supervision Agency for the District of
Columbia
Federal Mediation Conciliation Service
Institute of Museum and Library Services
Inter-American Foundation
National Aeronautics and Space Administration*
National Archives and Records Administration*
National Endowment for the Arts
National Endowment for the Humanities
National Mediation Board
National Science Foundation
Office of Government Ethics
Office of National Drug Control Policy
Office of Personnel Management*
Peace Corps
Pension Benefit Guaranty Corporation*
Railroad Retirement Board*
Social Security Administration*
Tennessee Valley Authority
U.S. Agency for Global Media
Independent Agencies
Commodity Futures Trading Commission
Council of the Inspectors General on Integrity and Efficiency
Farm Credit Administration
Federal Deposit Insurance Corporation
Federal Energy Regulatory Commission
Federal Housing Finance Agency
Federal Maritime Commission
Federal Mine Safety and Health Review Commission
Federal Permitting Improvement Steering Council
Federal Trade Commission*
National Credit Union Administration
National Indian Gaming Commission*
National Labor Relations Board
National Transportation Safety Board
Postal Regulatory Commission
Council of the Inspectors General on Integrity and Efficiency
Farm Credit Administration
Federal Deposit Insurance Corporation
Federal Energy Regulatory Commission
Federal Housing Finance Agency
Federal Maritime Commission
Federal Mine Safety and Health Review Commission
Federal Trade Commission*
National Credit Union Administration
National Indian Gaming Commission*
National Labor Relations Board
National Transportation Safety Board
Postal Regulatory Commission
The Regulatory Information Service Center compiles the Unified
Agenda for the Office of Information and Regulatory Affairs (OIRA),
part of the Office of Management and Budget. OIRA is responsible for
overseeing the Federal Government's regulatory, paperwork, and
information resource management activities, including implementation of
Executive Order 12866 (incorporated in Executive Order 13563). The
Center also provides information about Federal regulatory activity to
the President and his Executive Office, the Congress, agency officials,
and the public.
The activities included in the Agenda are, in general, those that
will have a regulatory action within the next 12 months. Agencies may
choose to include activities that will have a longer timeframe than 12
months. Agency agendas also show actions or reviews completed or
withdrawn since the last Unified Agenda. Executive Order 12866 does not
require agencies to include regulations concerning military or foreign
affairs functions or regulations related to agency organization,
management, or personnel matters.
Agencies prepared entries for this publication to give the public
notice of their plans to review, propose, and issue regulations. They
have tried to predict their activities over the next 12 months as
accurately as possible, but dates and schedules are subject to change.
Agencies may withdraw some of the regulations now under development,
and they may issue or propose other regulations not included in their
agendas. Agency actions in the rulemaking process may occur before or
after the dates they have listed. The Regulatory Plan and Unified
Agenda do not create a legal obligation on agencies to adhere to
schedules in this publication or to confine their regulatory activities
to those regulations that appear within it.
II. Why are the Regulatory Plan and the Unified Agenda published?
The Regulatory Plan and the Unified Agenda helps agencies comply
with their obligations under the Regulatory Flexibility Act and various
Executive orders and other statutes.
Regulatory Flexibility Act
The Regulatory Flexibility Act requires agencies to identify those
rules that may have a significant economic impact on a substantial
number of small entities (5 U.S.C. 602). Agencies meet that requirement
by including the information in their submissions for the Unified
Agenda. Agencies may also indicate those regulations that they are
reviewing as part of their periodic review of existing rules under the
Regulatory Flexibility Act (5 U.S.C. 610). Executive Order 13272,
``Proper Consideration of Small Entities in Agency Rulemaking,'' signed
August 13, 2002 (67 FR 53461), provides additional guidance on
compliance with the Act.
Executive Order 12866
Executive Order 12866, ``Regulatory Planning and Review,''
September 30, 1993 (58 FR 51735), requires covered agencies to prepare
an agenda of all regulations under development or review. The Order
also requires that certain agencies prepare annually a regulatory plan
of their ``most important significant regulatory actions,'' which
appears as part of the fall Unified Agenda. Executive Order 13497,
signed January 30, 2009 (74 FR 6113), revoked the amendments to
Executive Order 12866 that were contained in Executive Order 13258 and
Executive Order 13422.
Executive Order 13563
Executive Order 13563, ``Improving Regulation and Regulatory
Review,''
[[Page 5004]]
January 18, 2011 (76 FR 3821) supplements and reaffirms the principles,
structures, and definitions governing contemporary regulatory review
that were established in Executive Order 12866, which includes the
general principles of regulation and public participation, and orders
integration and innovation in coordination across agencies; flexible
approaches where relevant, feasible, and consistent with regulatory
approaches; scientific integrity in any scientific or technological
information and processes used to support the agencies' regulatory
actions; and retrospective analysis of existing regulations.
Executive Order 13132
Executive Order 13132, ``Federalism,'' August 4, 1999 (64 FR
43255), directs agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have ``federalism
implications'' as defined in the Order. Under the Order, an agency that
is proposing a regulation with federalism implications, which either
preempt State law or impose non-statutory unfunded substantial direct
compliance costs on State and local governments, must consult with
State and local officials early in the process of developing the
regulation. In addition, the agency must provide to the Director of the
Office of Management and Budget a federalism summary impact statement
for such a regulation, which consists of a description of the extent of
the agency's prior consultation with State and local officials, a
summary of their concerns and the agency's position supporting the need
to issue the regulation, and a statement of the extent to which those
concerns have been met. As part of this effort, agencies include in
their submissions for the Unified Agenda information on whether their
regulatory actions may have an effect on the various levels of
government and whether those actions have federalism implications.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, title II)
requires agencies to prepare written assessments of the costs and
benefits of significant regulatory actions ``that may result in the
expenditure by State, local, and tribal governments, in the aggregate,
or by the private sector, of $100,000,000 or more in any 1 year.'' The
requirement does not apply to independent regulatory agencies, nor does
it apply to certain subject areas excluded by section 4 of the Act.
Affected agencies identify in the Unified Agenda those regulatory
actions they believe are subject to title II of the Act.
Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' May 18,
2001 (66 FR 28355), directs agencies to provide, to the extent
possible, information regarding the adverse effects that agency actions
may have on the supply, distribution, and use of energy. Under the
Order, the agency must prepare and submit a Statement of Energy Effects
to the Administrator of the Office of Information and Regulatory
Affairs, Office of Management and Budget, for ``those matters
identified as significant energy actions.'' As part of this effort,
agencies may optionally include in their submissions for the Unified
Agenda information on whether they have prepared or plan to prepare a
Statement of Energy Effects for their regulatory actions.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (Pub. L.
104-121, title II) established a procedure for congressional review of
rules (5 U.S.C. 801 et seq.), which defers, unless exempted, the
effective date of a ``major'' rule for at least 60 days from the
publication of the final rule in the Federal Register. The Act
specifies that a rule is ``major'' if it has resulted, or is likely to
result, in an annual effect on the economy of $100 million or more or
meets other criteria specified in that Act. The Act provides that the
Administrator of OIRA will make the final determination as to whether a
rule is major.
III. How are the Regulatory Plan and the Unified Agenda organized?
The Regulatory Plan appears in part II in a daily edition of the
Federal Register. The Plan is a single document beginning with an
introduction, followed by a table of contents, followed by each
agency's section of the Plan. Following the Plan in the Federal
Register, as separate parts, are the regulatory flexibility agendas for
each agency whose agenda includes entries for rules which are likely to
have a significant economic impact on a substantial number of small
entities or rules that have been selected for periodic review under
section 610 of the Regulatory Flexibility Act. Each printed agenda
appears as a separate part. The sections of the Plan and the parts of
the Unified Agenda are organized alphabetically in four groups: Cabinet
departments; other executive agencies; the Federal Acquisition
Regulation, a joint authority (Agenda only); and independent regulatory
agencies. Agencies may in turn be divided into subagencies. Each
printed agency agenda has a table of contents listing the agency's
printed entries that follow. Each agency's part of the Agenda contains
a preamble providing information specific to that agency. Each printed
agency agenda has a table of contents listing the agency's printed
entries that follow.
Each agency's section of the Plan contains a narrative statement of
regulatory priorities and, for most agencies, a description of the
agency's most important significant regulatory and deregulatory
actions. Each agency's part of the Agenda contains a preamble providing
information specific to that agency plus descriptions of the agency's
regulatory and deregulatory actions.
The online, complete Unified Agenda contains the preambles of all
participating agencies. Unlike the printed edition, the online Agenda
has no fixed ordering. In the online Agenda, users can select the
particular agencies' agendas they want to see. Users have broad
flexibility to specify the characteristics of the entries of interest
to them by choosing the desired responses to individual data fields. To
see a listing of all of an agency's entries, a user can select the
agency without specifying any particular characteristics of entries.
Each entry in the Agenda is associated with one of five rulemaking
stages. The rulemaking stages are:
1. Prerule Stage--actions agencies will undertake to determine
whether or how to initiate rulemaking. Such actions occur prior to a
Notice of Proposed Rulemaking (NPRM) and may include Advance Notices of
Proposed Rulemaking (ANPRMs) and reviews of existing regulations.
2. Proposed Rule Stage--actions for which agencies plan to publish
a Notice of Proposed Rulemaking as the next step in their rulemaking
process or for which the closing date of the NPRM Comment Period is the
next step.
3. Final Rule Stage--actions for which agencies plan to publish a
final rule or an interim final rule or to take other final action as
the next step.
4. Long-Term Actions--items under development but for which the
agency does not expect to have a regulatory action within the 12 months
after publication of this edition of the Unified Agenda. Some of the
entries in this section may contain abbreviated information.
[[Page 5005]]
5. Completed Actions--actions or reviews the agency has completed
or withdrawn since publishing its last agenda. This section also
includes items the agency began and completed between issues of the
Agenda.
6. Long-Term Actions--are rulemakings reported during the
publication cycle that are outside of the required 12-month reporting
period for which the Agenda was intended. Completed Actions in the
publication cycle are rulemakings that are ending their lifecycle
either by Withdrawal or completion of the rulemaking process.
Therefore, the Long-Term and Completed RINs do not represent the
ongoing, forward-looking nature intended for reporting developing
rulemakings in the Agenda pursuant to Executive Order 12866, section
4(b) and 4(c). To further differentiate these two stages of rulemaking
in the Unified Agenda from active rulemakings, Long-Term and Completed
Actions are reported separately from active rulemakings, which can be
any of the first three stages of rulemaking listed above. A separate
search function is provided on <a href="http://www.reginfo.gov">www.reginfo.gov</a> to search for Completed
and Long-Term Actions apart from each other and active RINs.
A bullet (<bullet>) preceding the title of an entry indicates that
the entry is appearing in the Unified Agenda for the first time.
In the printed edition, all entries are numbered sequentially from
the beginning to the end of the publication. The sequence number
preceding the title of each entry identifies the location of the entry
in this edition. The sequence number is used as the reference in the
printed table of contents. Sequence numbers are not used in the online
Unified Agenda because the unique Regulation Identifier Number (RIN) is
able to provide this cross-reference capability.
Editions of the Unified Agenda prior to fall 2007 contained several
indexes, which identified entries with various characteristics. These
included regulatory actions for which agencies believe that the
Regulatory Flexibility Act may require a Regulatory Flexibility
Analysis, actions selected for periodic review under section 610(c) of
the Regulatory Flexibility Act, and actions that may have federalism
implications as defined in Executive Order 13132 or other effects on
levels of government. These indexes are no longer compiled, because
users of the online Unified Agenda have the flexibility to search for
entries with any combination of desired characteristics. The online
edition retains the Unified Agenda's subject index based on the Federal
Register Thesaurus of Indexing Terms. In addition, online users have
the option of searching Agenda text fields for words or phrases.
IV. What information appears for each entry?
All entries in the online Unified Agenda contain uniform data
elements including, at a minimum, the following information:
Title of the Regulation--a brief description of the subject of the
regulation. In the printed edition, the notation ``Section 610 Review''
following the title indicates that the agency has selected the rule for
its periodic review of existing rules under the Regulatory Flexibility
Act (5 U.S.C. 610(c)). Some agencies have indicated completions of
section 610 reviews or rulemaking actions resulting from completed
section 610 reviews. In the online edition, these notations appear in a
separate field.
Priority--an indication of the significance of the regulation.
Agencies assign each entry to one of the following five categories of
significance.
(1) Economically Significant
As defined in Executive Order 12866, a rulemaking action that will
have an annual effect on the economy of $100 million or more or will
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities. The definition of an ``economically significant'' rule is
similar but not identical to the definition of a ``major'' rule under 5
U.S.C. 801 (Pub. L. 104-121). (See below.)
(2) Other Significant
A rulemaking that is not Economically Significant but is considered
Significant by the agency. This category includes rules that the agency
anticipates will be reviewed under Executive Order 12866 or rules that
are a priority of the agency head. These rules may or may not be
included in the agency's regulatory plan.
(3) Substantive, Nonsignificant
A rulemaking that has substantive impacts, but is neither
Significant, nor Routine and Frequent, nor Informational/
Administrative/Other.
(4) Routine and Frequent
A rulemaking that is a specific case of a multiple recurring
application of a regulatory program in the Code of Federal Regulations
and that does not alter the body of the regulation.
(5) Informational/Administrative/Other
A rulemaking that is primarily informational or pertains to agency
matters not central to accomplishing the agency's regulatory mandate
but that the agency places in the Unified Agenda to inform the public
of the activity.
Major--whether the rule is ``major'' under 5 U.S.C. 801 (Pub. L.
104-121) because it has resulted or is likely to result in an annual
effect on the economy of $100 million or more or meets other criteria
specified in that Act. The Act provides that the Administrator of the
Office of Information and Regulatory Affairs will make the final
determination as to whether a rule is major.
Unfunded Mandates--whether the rule is covered by section 202 of
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The Act
requires that, before issuing an NPRM likely to result in a mandate
that may result in expenditures by State, local, and tribal
governments, in the aggregate, or by the private sector of more than
$100 million in 1 year, agencies, other than independent regulatory
agencies, shall prepare a written statement containing an assessment of
the anticipated costs and benefits of the Federal mandate.
Legal Authority--the section(s) of the United States Code (U.S.C.)
or Public Law (Pub. L.) or the Executive order (E.O.) that authorize(s)
the regulatory action. Agencies may provide popular name references to
laws in addition to these citations.
CFR Citation--the section(s) of the Code of Federal Regulations
that will be affected by the action.
Legal Deadline--whether the action is subject to a statutory or
judicial deadline, the date of that deadline, and whether the deadline
pertains to an NPRM, a Final Action, or some other action.
Abstract--a brief description of the problem the regulation will
address; the need for a Federal solution; to the extent available,
alternatives that the agency is considering to address the problem; and
potential costs and benefits of the action.
Timetable--the dates and citations (if available) for all past
steps and a projected date for at least the next step for the
regulatory action. A date displayed in the form 12/00/19 means the
agency is predicting the month and year the action will take place but
not the day it will occur. In some instances, agencies may indicate
what the next action will be, but the date of that action is ``To Be
Determined.'' ``Next Action Undetermined'' indicates the agency does
not know what action it will take next.
[[Page 5006]]
Regulatory Flexibility Analysis Required--whether an analysis is
required by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
because the rulemaking action is likely to have a significant economic
impact on a substantial number of small entities as defined by the Act.
Small Entities Affected--the types of small entities (businesses,
governmental jurisdictions, or organizations) on which the rulemaking
action is likely to have an impact as defined by the Regulatory
Flexibility Act. Some agencies have chosen to indicate likely effects
on small entities even though they believe that a Regulatory
Flexibility Analysis will not be required.
Government Levels Affected--whether the action is expected to
affect levels of government and, if so, whether the governments are
State, local, tribal, or Federal.
International Impacts--whether the regulation is expected to have
international trade and investment effects, or otherwise may be of
interest to the Nation's international trading partners.
Federalism--whether the action has ``federalism implications'' as
defined in Executive Order 13132. This term refers to actions ``that
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.''
Independent regulatory agencies are not required to supply this
information.
Included in the Regulatory Plan--whether the rulemaking was
included in the agency's current regulatory plan published in fall
2021.
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, <a href="http://www.regulations.gov">www.regulations.gov</a>.
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
[[Page 5007]]
each regulatory action listed in the Regulatory Plan and the Unified
Agenda, as directed by Executive Order 12866 (section 4(b)).
Additionally, OMB has asked agencies to include RINs in the headings of
their Rule and Proposed Rule documents when publishing them in the
Federal Register, to make it easier for the public and agency officials
to track the publication history of regulatory actions throughout their
development.
Seq. No.--The sequence number identifies the location of an entry
in the printed edition of the Regulatory Plan and the Unified Agenda.
Note that a specific regulatory action will have the same RIN
throughout its development but will generally have different sequence
numbers if it appears in different printed editions of the Unified
Agenda. Sequence numbers are not used in the online Unified Agenda.
U.S.C.--The United States Code is a consolidation and codification
of all general and permanent laws of the United States. The U.S.C. is
divided into 50 titles, each title covering a broad area of Federal
law.
VI. How can users get copies of the Plan and the Agenda?
Copies of the Federal Register issue containing the printed edition
of The Regulatory Plan and the Unified Agenda (agency regulatory
flexibility agendas) are available from the Superintendent of
Documents, U.S. Government Publishing Office, P.O. Box 371954,
Pittsburgh, PA 15250-7954.
Telephone: (202) 512-1800 or 1-866-512-1800 (toll-free).
Copies of individual agency materials may be available directly
from the agency or may be found on the agency's website. Please contact
the particular agency for further information.
All editions of The Regulatory Plan and the Unified Agenda of
Federal Regulatory and Deregulatory Actions since fall 1995 are
available in electronic form at <a href="http://www.reginfo.gov">www.reginfo.gov</a>, 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 <a href="http://www.govinfo.gov">www.govinfo.gov</a>.
Dated: December 7, 2021.
Boris Arratia,
Director.
Introduction to the Fall 2021 Regulatory Plan
Executive Order 12866, issued in 1993, requires the annual
production of a Unified Regulatory Agenda and Regulatory Plan. It does
so in order to promote transparency--or in the words of the Executive
Order itself, ``to have an effective regulatory program, to provide for
coordination of regulations, to maximize consultation and the
resolution of potential conflicts at an early stage, to involve the
public and its State, local, and tribal officials in regulatory
planning, and to ensure that new or revised regulations promote the
President's priorities and the principles set forth in this Executive
order.'' The requirements of Executive Order 12866 were reaffirmed in
Executive Order 13563, issued in 2011.
We are now providing the first Regulatory Plan of the Biden-Harris
Administration for public scrutiny and review. The regulatory plans and
agendas submitted by agencies and included here offer blueprints for
how the Administration plans to continue delivering on the President's
agenda as we build back better. This agenda is fully consistent with
the priorities outlined by the President as reflected in his executive
orders and our previous regulatory agenda. We are proud to shine a
light on the regulatory agenda as a way to share with the public how
the themes of equity, prosperity and public health cut across
everything we do to improve the lives of the American people.
These new plans build on significant progress the Administration
has already made advancing our priorities and proving that our
Government can deliver results--from confronting the pandemic, to
creating a stronger and fairer economy, to addressing climate change
and advancing equity. For example, since releasing the spring
regulatory agenda, we have proposed or finalized regulatory protections
to:
<bullet> Protect the Public from COVID--The Centers for Disease
Control and Prevention (CDC) issued orders requiring all people to wear
face masks while on public transportation and in transportation hubs.
In addition, CDC issued Global Testing Orders for all international air
travelers, strengthening protocols to protect travelers and the health
and safety of American communities.
<bullet> Combat Housing Discrimination. Following President Biden's
Presidential Memorandum directing his Administration to address racial
discrimination in the housing market, the Department of Housing and
Urban Development (HUD) published an interim final rule requiring HUD
funding recipients to affirmatively further fair housing, including by
completing an assessment of fair housing issues, identifying fair
housing priorities and goals, and then committing to meaningful actions
to meet those goals and remedy identified issues.
<bullet> Tackle the Climate Crisis. The Environmental Protection
Agency (EPA) took an important step forward to advance President
Biden's commitment to action on climate change and protect people's
health by proposing comprehensive new protections to sharply reduce
pollution from the oil and natural gas industry--including, for the
first time, reductions from existing sources nationwide. The proposed
new Clean Air Act rule would lead to significant, cost-effective
reductions in methane emissions and other health-harming air pollutants
that endanger nearby communities.
<bullet> Improve Pipeline Safety and Environmental Standards. In a
major step to enhance and modernize pipeline safety and environmental
standards, the Department of Transportation issued a final rule that--
for the first time--applies federal pipeline safety regulations to tens
of thousands of miles of unregulated gas gathering pipelines. This rule
will improve safety, reduce greenhouse gas emissions, and result in
more jobs for pipeline workers that are needed to help upgrade the
safety and operations of these lines.
In addition to these significant actions, the Administration has
also made key progress advancing another core objective: Effectively
implementing the American Rescue Plan (ARP). Since the ARP went into
effect in March, the Administration has promulgated 17 proposed and 32
final rules to get much needed relief to the communities across the
countries efficiently and equitably. For example:
<bullet> The Department of Education established requirements to
ensure that state and local educational agencies consult members of the
public in determining how to use school emergency relief funds, and
develop plans for a safe return to in-person instruction.
<bullet> The Department of Housing and Urban Development finalized
a rule so the agency could require that operators of project-based
rental assistance housing (such as Section 8) notify tenants of the
availability of emergency rent relief, and give tenants time to secure
that relief.
<bullet> The Small Business Administration finalized a rule to
deliver much needed support to small business by streamlining
forgiveness of small loans under the Paycheck Protection Program (a
program extended by the ARP Act).
In this agenda, we are adding important new measures under
[[Page 5008]]
consideration to advance additional Administration priorities,
including:
<bullet> Uncovering Hidden Airline Service Fees. The Department of
Transportation plans to better protect consumers and improve
competition by ensuring that consumers have ancillary fee information,
including ``baggage fees,'' ``change fees,'' and ``cancellation fees''
at the time of ticket purchase. The Department also plans to examine
whether fees for certain ancillary services should be disclosed at the
first point in a search process where a fare is listed.
<bullet> Stopping Super-Pollutants. The EPA is considering
restricting--fully, partially, or on a graduated schedule--the use of
Hydrofluorocarbons (HFCs) in sectors or subsectors including the
refrigeration, air conditioning, aerosol, and foam sectors. HFCs are
potent greenhouse gases found in a range of appliances and substances,
including refrigerators, air conditioners and foams, and have an impact
on warming our climate that is hundreds to thousands of times greater
than the same amount of carbon dioxide.
<bullet> Transitioning Toward Zero-Emission Technologies. The EPA
plans to strengthen greenhouse gas emission standards for light- and
heavy-duty vehicles, with an eye towards encouraging automakers to
transition to zero-emission technologies. If implemented, the new
standards would save consumers money, cut pollution, boost public
health, advance environmental justice, and tackle the climate crisis.
<bullet> Lowering Mental Health and Substance Use Treatment Costs.
The Department of Labor, Department of Health and Human Services, and
Department of Treasury are considering changes to clarify health
insurance plans' and issuers' obligations to cover mental health and
substance use treatment in light of new legislative enactments and
experience implementing the MHPAEA law since the last relevant
rulemaking in 2014.
<bullet> Increasing Access for People With Disabilities. As part of
the Administration's commitment to equity, the Department of Justice is
exploring a new rule to ensure that individuals with disabilities can
use sidewalks and other pedestrian facilities.
Between this regulatory agenda and the next in spring 2022,
agencies will also be developing plans for implementing the
Infrastructure Investment and Jobs Act (IIJA), historic legislation to
rebuild crumbling infrastructure, create good paying jobs, and grow our
economy. These plans will provide greater detail on how agencies will
administer new IIJA programs in a manner that delivers meaningful
results to all Americans, strengthens American manufacturing, and
advances climate resilience. These plans will provide an opportunity
for the public to be partners in the implementation of the IIJA--and
all government programs. Public engagement in IIJA implementation can
only make it better and more responsive to what our families and
communities most need.
Department of Agriculture
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
1............................. Poultry Grower Ranking 0581-AE03 Proposed Rule Stage.
Systems (AMS-FTPP-21-
0044).
2............................. Clarification of Scope of 0581-AE04 Proposed Rule Stage.
the Packers and
Stockyards Act (AMS-FTPP-
21-0046).
3............................. Unfair Practices in 0581-AE05 Proposed Rule Stage.
Violation of the Packers
and Stockyards Act (AMS-
FTPP-21-0045).
4............................. Organic Livestock and 0581-AE06 Proposed Rule Stage.
Poultry Standards.
5............................. Establishing AWA 0579-AE61 Proposed Rule Stage.
Standards for Birds.
6............................. Voluntary Labeling of 0583-AD87 Proposed Rule Stage.
Meat Products With
``Product of USA'' and
Similar Statements.
7............................. Revision of the Nutrition 0583-AD56 Final Rule Stage.
Facts Panels for Meat
and Poultry Products and
Updating Certain
Reference Amounts
Customarily Consumed.
8............................. Prior Label Approval 0583-AD78 Final Rule Stage.
System: Expansion of
Generic Label Approval.
----------------------------------------------------------------------------------------------------------------
Department of Commerce
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
9............................. Request for Comments 0694-AI41 Prerule Stage.
Concerning the
Imposition of Export
Controls on Certain
Brain-Computer Interface
(BCI) Emerging
Technology.
10............................ Foundational 0694-AH80 Proposed Rule Stage.
Technologies: Proposed
Controls; Request for
Comments.
11............................ Removal of Certain 0694-AH55 Final Rule Stage.
General Approved
Exclusions (GAEs) Under
the Section 232 Steel
and Aluminum Tariff
Exclusions Process.
12............................ Information Security 0694-AH56 Final Rule Stage.
Controls: Cybersecurity
Items.
13............................ Authorization of Certain 0694-AI06 Final Rule Stage.
``Items'' to Entities on
the Entity List in the
Context of Specific
Standards Activities.
14............................ Commerce Control List: 0694-AI08 Final Rule Stage.
Expansion of Controls on
Certain Biological
Equipment ``Software''.
15............................ Changes To Implement 0651-AD55 Final Rule Stage.
Provisions of the
Trademark Modernization
Act of 2020.
----------------------------------------------------------------------------------------------------------------
Department of Defense
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
16............................ Department of Defense 0790-AK86 Proposed Rule Stage.
(DoD)-Defense Industrial
Base (DIB) Cybersecurity
(CS) Activities.
17............................ Nondiscrimination on the 0790-AJ04 Final Rule Stage.
Basis of Disability in
Programs or Activities
Assisted or Conducted by
the DoD.
[[Page 5009]]
18............................ Federal Voting Assistance 0790-AK90 Final Rule Stage.
Program.
19............................ Small Business Innovation 0750-AK84 Proposed Rule Stage.
Research Program Data
Rights (DFARS Case 2019-
D043).
20............................ Reauthorization and 0750-AK96 Proposed Rule Stage.
Improvement of Mentor-
Protege Program (DFARS
Case 2020-D009).
21............................ Maximizing the Use of 0750-AK85 Final Rule Stage.
American-Made Goods
(DFARS Case 2019-D045).
22............................ Policy and Procedures for 0710-AB22 Proposed Rule Stage.
Processing Requests to
Alter US Army Corps of
Engineers Civil Works
Projects Pursuant to 33
U.S.C. 408.
23............................ Credit Assistance for 0710-AB31 Proposed Rule Stage.
Water Resources
Infrastructure Projects.
24............................ Flood Control Cost- 0710-AB34 Proposed Rule Stage.
Sharing Requirements
Under the Ability to Pay
Provision.
25............................ Revised Definition of 0710-AB40 Proposed Rule Stage.
``Waters of the United
States''--Rule 1.
26............................ Revised Definition of 0710-AB47 Proposed Rule Stage.
``Waters of the United
States''--Rule 2 (Reg
Plan Seq No. XX).
27............................ TRICARE Coverage and 0720-AB81 Final Rule Stage.
Payment for Certain
Services in Response to
the COVID-19 Pandemic.
28............................ TRICARE Coverage of 0720-AB82 Final Rule Stage.
Certain Medical Benefits
in Response to the COVID-
19 Pandemic.
29............................ TRICARE Coverage of 0720-AB83 Final Rule Stage.
National Institute of
Allergy and Infectious
Disease Coronavirus
Disease 2019 Clinical
Trials.
30............................ Expanding TRICARE Access 0720-AB85 Final Rule Stage.
to Care in Response to
the COVID-19 Pandemic.
----------------------------------------------------------------------------------------------------------------
Department of Education
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
31............................ Nondiscrimination on the 1870-AA16 Proposed Rule Stage.
Basis of Sex in
Education Programs or
Activities Receiving
Federal Financial
Assistance.
32............................ Family Educational Rights 1875-AA15 Proposed Rule Stage.
and Privacy Act.
33............................ Determining the Amount of 1840-AD55 Prerule Stage.
Federal Education
Assistance Funds
Received by Institutions
of Higher Education (90/
10).
34............................ Borrower Defense......... 1840-AD53 Proposed Rule Stage.
35............................ Pell Grants for Prison 1840-AD54 Proposed Rule Stage.
Education Programs.
36............................ Gainful Employment....... 1840-AD57 Proposed Rule Stage.
37............................ Improving Student Loan 1840-AD59 Proposed Rule Stage.
Cancellation Authorities.
38............................ Income Contingent 1840-AD69 Proposed Rule Stage.
Repayment.
39............................ Public Service Loan 1840-AD70 Proposed Rule Stage.
Forgiveness.
----------------------------------------------------------------------------------------------------------------
Department of Energy
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
40............................ Energy Conservation 1904-AD34 Proposed Rule Stage.
Standards for Commercial
Water Heating-Equipment.
41............................ Backstop Requirement for 1904-AF09 Proposed Rule Stage.
General Service Lamps.
42............................ Energy Efficiency 1904-AE44 Final Rule Stage.
Standards for New
Federal Commercial and
Multi-Family High-Rise
Residential Buildings
Baseline Standards
Update.
43............................ Energy Conservation 1904-AF13 Final Rule Stage.
Program for Appliance
Standards: Procedures
for Use in New or
Revised Energy
Conservation Standards
and Test Procedures for
Consumer Products and
Commercial/Industrial
Equipment.
----------------------------------------------------------------------------------------------------------------
Department of Health and Human Services
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
44............................ Amendments to Civil 0936-AA09 Final Rule Stage.
Monetary Penalty Law
Regarding Grants,
Contracts, and
Information Blocking.
45............................ Rulemaking on 0945-AA15 Proposed Rule Stage.
Discrimination on the
Basis of Disability in
Critical Health and
Human Services Programs
or Activities.
46............................ Confidentiality of 0945-AA16 Proposed Rule Stage.
Substance Use Disorder
Patient Records.
47............................ Nondiscrimination in 0945-AA17 Proposed Rule Stage.
Health Programs and
Activities.
48............................ ONC Health IT 0955-AA03 Proposed Rule Stage.
Certification Program
Updates, Health
Information Network
Attestation Process for
the Trusted Exchange
Framework and Common
Agreement, and
Enhancements to Support
Information Sharing.
49............................ Treatment of Opioid Use 0930-AA38 Proposed Rule Stage.
Disorder With
Buprenorphine Utilizing
Telehealth.
50............................ Treatment of Opioid use 0930-AA39 Proposed Rule Stage.
Disorder With Extended
Take Home Doses of
Methadone.
[[Page 5010]]
51............................ Requirement for Proof of 0920-AA80 Final Rule Stage.
Vaccination or Other
Proof of Immunity
Against Quarantinable
Communicable Diseases.
52............................ Nonprescription Drug 0910-AH62 Proposed Rule Stage.
Product With an
Additional Condition for
Nonprescription Use.
53............................ Nutrient Content Claims, 0910-AI13 Proposed Rule Stage.
Definition of Term:
Healthy.
54............................ Biologics Regulation 0910-AI14 Proposed Rule Stage.
Modernization.
55............................ Medical Devices; Ear, 0910-AI21 Proposed Rule Stage.
Nose and Throat Devices;
Establishing Over-the-
Counter Hearing Aids and
Aligning Other
Regulations.
56............................ Tobacco Product Standard 0910-AI28 Proposed Rule Stage.
for Characterizing
Flavors in Cigars.
57............................ Conduct of Analytical and 0910-AI57 Proposed Rule Stage.
Clinical Pharmacology,
Bioavailability and
Bioequivalence Studies.
58............................ Tobacco Product Standard 0910-AI60 Proposed Rule Stage.
for Menthol in
Cigarettes.
59............................ 340B Drug Pricing 0906-AB28 Proposed Rule Stage.
Program; Administrative
Dispute Resolution.
60............................ Catastrophic Health 0917-AA10 Proposed Rule Stage.
Emergency Fund (CHEF).
61............................ Acquisition Regulations; 0917-AA18 Final Rule Stage.
Buy Indian Act;
Procedures for
Contracting.
62............................ Streamlining the Medicaid 0938-AU00 Proposed Rule Stage.
and Chip Application,
Eligibility
Determination,
Enrollment, and Renewal
Processes (CMS-2421).
63............................ Provider 0938-AU64 Proposed Rule Stage.
Nondiscrimination
Requirements for Group
Health Plans and Health
Insurance Issuers in the
Group and Individual
Markets (CMS-9910).
64............................ Assuring Access to 0938-AU68 Proposed Rule Stage.
Medicaid Services (CMS-
2442).
65............................ Implementing Certain 0938-AU85 Proposed Rule Stage.
Provisions of the
Consolidated
Appropriations Act and
Other Revisions to
Medicare Enrollment and
Eligibility Rules (CMS-
4199).
66............................ Requirements for Rural 0938-AU92 Proposed Rule Stage.
Emergency Hospitals (CMS-
3419).
67............................ Mental Health Parity and 0938-AU93 Proposed Rule Stage.
Addiction Equity Act and
the Consolidated
Appropriations Act, 2021
(CMS-9902).
68............................ Coverage of Certain 0938-AU94 Proposed Rule Stage.
Preventive Services (CMS-
9903).
69............................ Omnibus COVID-19 Health 0938-AU75 Final Rule Stage.
Care Staff Vaccination
(CMS-3415).
70............................ Native Hawaiian Revolving 0970-AC84 Proposed Rule Stage.
Loan Fund Eligibility
Requirements.
71............................ Paternity Establishment 0970-AC86 Proposed Rule Stage.
Percentage Performance
Relief.
72............................ ANA Non-federal Share 0970-AC88 Proposed Rule Stage.
Emergency Waivers.
73............................ Foster Care Legal 0970-AC89 Proposed Rule Stage.
Representation.
74............................ Separate Licensing 0970-AC91 Proposed Rule Stage.
Standards for Relative
or Kinship Foster Family
Homes.
75............................ National Institute for 0985-AA16 Proposed Rule Stage
Disability, Independent
Living, and
Rehabilitation Research
Notice of Proposed
Rulemaking.
----------------------------------------------------------------------------------------------------------------
Department of Homeland Security
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
76............................ Procedures for Asylum and 1615-AC42 Proposed Rule Stage.
Withholding of Removal;
Credible Fear and
Reasonable Fear Review.
77............................ Deferred Action for 1615-AC64 Proposed Rule Stage.
Childhood Arrivals.
78............................ Asylum and Withholding 1615-AC65 Proposed Rule Stage.
Definitions.
79............................ Rescission of ``Asylum 1615-AC66 Proposed Rule Stage.
Application, Interview,
& Employment
Authorization'' Rule and
Change to ``Removal of
30 Day Processing
Provision for Asylum
Applicant Related Form I-
765 Employment
Authorization''.
80............................ U.S. Citizenship and 1615-AC68 Proposed Rule Stage.
Immigration Services Fee
Schedule.
81............................ Bars to Asylum 1615-AC69 Proposed Rule Stage.
Eligibility and
Procedures.
82............................ Inadmissibility on Public 1615-AC74 Proposed Rule Stage.
Charge Grounds.
83............................ Procedures for Credible 1615-AC67 Final Rule Stage.
Fear Screening and
Consideration of Asylum,
Withholding of Removal
and Cat Protection
Claims by Asylum
Officers.
84............................ Electronic Chart and 1625-AC74 Prerule Stage.
Navigation Equipment
Carriage Requirements.
85............................ Shipping Safety Fairways 1625-AC57 Proposed Rule Stage.
Along the Atlantic Coast.
86............................ MARPOL Annex VI; 1625-AC78 Proposed Rule Stage.
Prevention of Air
Pollution from Ships.
87............................ Advance Passenger 1651-AB43 Proposed Rule Stage.
Information System:
Electronic Validation of
Travel Documents.
88............................ Automation of CBP Form I- 1651-AB18 Final Rule Stage.
418 for Vessels.
89............................ Vetting of Certain 1652-AA69 Proposed Rule Stage.
Surface Transportation
Employees.
90............................ Indirect Air Carrier 1652-AA72 Proposed Rule Stage.
Security.
91............................ Flight Training Security. 1652-AA35 Final Rule Stage.
92............................ Surface Transportation 1652-AA74 Long-Term Actions.
Cybersecurity Measures.
93............................ Fee Adjustment for U.S. 1653-AA82 Proposed Rule Stage.
Immigration and Customs
Enforcement Form I-246,
Application for a Stay
of Deportation or
Removal.
94............................ RFI National Flood 1660-AB11 Prerule Stage.
Insurance Program's
Floodplain Management
Standards for Land
Management & Use, & an
Assessment of the
Program's Impact on
Threatened and
Endangered Species &
Their Habitats.
95............................ National Flood Insurance 1660-AB06 Proposed Rule Stage.
Program: Standard Flood
Insurance Policy,
Homeowner Flood Form.
[[Page 5011]]
96............................ Amendment to the Public 1660-AB10 Final Rule Stage.
Assistance Program's
Simplified Procedures
Large Project Threshold.
97............................ Individual Assistance 1660-AB07 Long-Term Actions.
Program Equity.
98............................ Ammonium Nitrate Security 1670-AA00 Proposed Rule Stage.
Program.
----------------------------------------------------------------------------------------------------------------
Department of Housing and Urban Development
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
99............................ Increased 40-year Term 2502-AJ59 Proposed Rule Stage.
for Loan Modifications
(FR-6263).
100........................... Affirmatively Furthering 2529-AB05 Proposed Rule Stage.
Fair Housing (FR-6250).
----------------------------------------------------------------------------------------------------------------
Department of Justice
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
101........................... Nondiscrimination on the 1190-AA76 Prerule Stage.
Basis of Disability by
State and Local
Governments and Places
of Public Accommodation;
Equipment and Furniture.
102........................... Implementation of the ADA 1190-AA73 Proposed Rule Stage.
Amendments Act of 2008:
Federally Conducted
(Section 504 of the
Rehabilitation Act of
1973).
103........................... Nondiscrimination on the 1190-AA77 Proposed Rule Stage.
Basis of Disability by
State and Local
Governments; Public
Right-of-Way.
104........................... Definition of ``Frame or 1140-AA54 Final Rule Stage.
Receiver'' and
Identification of
Firearms.
105........................... Factoring Criteria for 1140-AA55 Final Rule Stage.
Firearms With an
Attached Stabilizing
Brace.
106........................... Bars to Asylum 1125-AB12 Proposed Rule Stage.
Eligibility and
Procedures.
107........................... Asylum and Withholding 1125-AB13 Proposed Rule Stage.
Definitions.
108........................... Procedures for Asylum and 1125-AB15 Proposed Rule Stage.
Withholding of Removal.
109........................... Appellate Procedures and 1125-AB18 Proposed Rule Stage.
Decisional Finality in
Immigration Proceedings;
Administrative Closure.
110........................... Professional Conduct for 1125-AA83 Final Rule Stage.
Practitioners--Rules and
Procedures, and
Representation and
Appearances.
111........................... Procedures for Credible 1125-AB20 Final Rule Stage.
Fear Screening and
Consideration of Asylum,
Withholding of Removal
and CAT Protection
Claims by Asylum
Officers.
----------------------------------------------------------------------------------------------------------------
Department of Labor
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
112........................... Proposal to Rescind 1250-AA09 Proposed Rule Stage.
Implementing Legal
Requirements Regarding
the Equal Opportunity
Clause's Religious
Exemption.
113........................... Modification of 1250-AA14 Proposed Rule Stage.
Procedures to Resolve
Potential Employment
Discrimination.
114........................... Defining and Delimiting 1235-AA39 Proposed Rule Stage.
the Exemptions for
Executive,
Administrative,
Professional, Outside
Sales and Computer
Employees.
115........................... Modernizing the Davis- 1235-AA40 Proposed Rule Stage.
Bacon and Related Acts
Regulations.
116........................... Tip Regulations Under the 1235-AA21 Final Rule Stage.
Fair Labor Standards Act
(FLSA).
117........................... E.O. 14026, Increasing 1235-AA41 Final Rule Stage.
the Minimum Wage for
Federal Contractors.
118........................... Wagner-Peyser Act 1205-AC02 Proposed Rule Stage.
Staffing.
119........................... Apprenticeship Programs, 1205-AC06 Proposed Rule Stage.
Labor Standards for
Registration, Amendment
of Regulations.
120........................... Prudence and Loyalty in 1210-AC03 Proposed Rule Stage.
Selecting Plan
Investments and
Exercising Shareholder
Rights.
121........................... Mental Health Parity and 1210-AC11 Proposed Rule Stage.
Addiction Equity Act and
the Consolidated
Appropriations Act, 2021.
122........................... Requirements Related to 1210-AB99 Final Rule Stage.
Surprise Billing, Part 1.
123........................... Requirements Related to 1210-AC00 Final Rule Stage.
Surprise Billing, Part 2.
124........................... Respirable Crystalline 1219-AB36 Proposed Rule Stage.
Silica.
125........................... Safety Program for 1219-AB91 Proposed Rule Stage.
Surface Mobile Equipment.
126........................... Prevention of Workplace 1218-AD08 Prerule Stage.
Violence in Health Care
and Social Assistance.
127........................... Heat Illness Prevention 1218-AD39 Prerule Stage.
in Outdoor and Indoor
Work Settings.
128........................... Infectious Diseases...... 1218-AC46 Proposed Rule Stage.
----------------------------------------------------------------------------------------------------------------
[[Page 5012]]
Department of Transportation
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
129........................... Processing Buy America 2105-AE79 Proposed Rule Stage.
and Buy American Waivers
Based on Nonavailability.
130........................... Accessible Lavatories on 2105-AE89 Proposed Rule Stage.
Single-Aisle Aircraft:
Part II.
131........................... Enhancing Transparency of 2105-AF10 Proposed Rule Stage.
Airline Ancillary
Service Fees.
132........................... Registration and Marking 2120-AK82 Final Rule Stage.
Requirements for Small
Unmanned Aircraft.
133........................... Greenhouse Gas Emissions 2125-AF99 Proposed Rule Stage.
Measure.
134........................... Manual on Uniform Traffic 2125-AF85 Final Rule Stage.
Control Devices for
Streets and Highways.
135........................... Heavy Vehicle Automatic 2127-AM36 Proposed Rule Stage.
Emergency Braking.
136........................... Light Vehicle Automatic 2127-AM37 Proposed Rule Stage.
Emergency Braking (AEB)
with Pedestrian AEB.
137........................... Corporate Average Fuel 2127-AM33 Final Rule Stage.
Economy (CAFE)
Preemption.
138........................... Passenger Car and Light 2127-AM34 Final Rule Stage.
Truck Corporate Average
Fuel Economy Standards.
139........................... Train Crew Staffing...... 2130-AC88 Proposed Rule Stage.
140........................... Pipeline Safety: Class 2137-AF29 Long-Term Actions.
Location Requirements.
----------------------------------------------------------------------------------------------------------------
Department of Veterans Affairs
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
141........................... Modifying Copayments for 2900-AQ30 Proposed Rule Stage.
Veterans at High Risk
for Suicide.
142........................... VA Pilot Program on 2900-AR01 Proposed Rule Stage.
Graduate Medical
Education and Residency.
143........................... Staff Sergeant Parker 2900-AR16 Final Rule Stage.
Gordon Fox Suicide
Prevention Grant Program.
----------------------------------------------------------------------------------------------------------------
Environmental Protection Agency
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
144........................... National Emission 2060-AU37 Proposed Rule Stage.
Standards for Hazardous
Air Pollutants: Ethylene
Oxide Commercial
Sterilization and
Fumigation Operations.
145........................... Control of Air Pollution 2060-AU41 Proposed Rule Stage.
From New Motor Vehicles:
Heavy-Duty Engine and
Vehicle Standards.
146........................... Amendments to the NSPS 2060-AV09 Proposed Rule Stage.
for GHG Emissions From
New, Modified,
Reconstructed Stationary
Sources: EGUs.
147........................... Emission Guidelines for 2060-AV10 Proposed Rule Stage.
Greenhouse Gas Emissions
from Fossil Fuel-Fired
Existing Electric
Generating Units.
148........................... Renewable Fuel Standard 2060-AV11 Proposed Rule Stage.
(RFS) Program: RFS
Annual Rules.
149........................... NESHAP: Coal- and Oil- 2060-AV12 Proposed Rule Stage.
Fired Electric Utility
Steam Generating Units-
Revocation of the 2020
Reconsideration, and
Affirmation of the
Appropriate and
Necessary Supplemental
Finding.
150........................... Standards of Performance 2060-AV16 Proposed Rule Stage.
for New, Reconstructed,
and Modified Sources and
Emissions Guidelines for
Existing Sources: Oil
and Natural Gas Sector
Climate Review.
151........................... Review of Final Rule 2060-AV20 Proposed Rule Stage.
Reclassification of
Major Sources as Area
Sources Under Section
112 of the Clean Air Act.
152........................... Restrictions on Certain 2060-AV46 Proposed Rule Stage.
Uses of
Hydrofluorocarbons Under
Subsection (i) of the
American Innovation and
Manufacturing Act.
153........................... Review of the National 2060-AV52 Proposed Rule Stage.
Ambient Air Quality
Standards for
Particulate Matter.
154........................... Pesticides; Modification 2070-AK55 Proposed Rule Stage.
to the Minimum Risk
Pesticide Listing
Program and Other
Exemptions Under FIFRA
Section 25(b).
155........................... Cyclic Aliphatic Bromide 2070-AK71 Proposed Rule Stage.
Cluster (HBCD);
Rulemaking Under TSCA
Section 6(a).
156........................... Asbestos (Part 1: 2070-AK86 Proposed Rule Stage.
Chrysotile Asbestos);
Rulemaking under TSCA
Section 6(a).
157........................... Designating PFOA and PFOS 2050-AH09 Proposed Rule Stage.
as CERCLA Hazardous
Substances.
158........................... Hazardous and Solid Waste 2050-AH14 Proposed Rule Stage.
Management System:
Disposal of Coal
Combustion Residuals
From Electric Utilities;
Legacy Surface
Impoundments.
159........................... Accidental Release 2050-AH22 Proposed Rule Stage.
Prevention Requirements:
Risk Management Program
Under the Clean Air Act;
Retrospection.
160........................... Federal Baseline Water 2040-AF62 Proposed Rule Stage.
Quality Standards for
Indian Reservations.
161........................... Clean Water Act Section 2040-AG12 Proposed Rule Stage.
401: Water Quality
Certification.
162........................... Revised Definition of 2040-AG13 Proposed Rule Stage.
``Waters of the United
States''--Rule 1.
163........................... Revised Definition of 2040-AG19 Proposed Rule Stage.
``Waters of the United
States''--Rule 2.
164........................... Revised 2023 and Later 2060-AV13 Final Rule Stage.
Model Year Light-Duty
Vehicle Greenhouse Gas
Emissions Standards.
165........................... Hazardous and Solid Waste 2050-AH07 Final Rule Stage.
Management System:
Disposal of Coal
Combustion Residuals
From Electric Utilities;
Federal CCR Permit
Program.
166........................... Hazardous and Solid Waste 2050-AH18 Final Rule Stage.
Management System:
Disposal of CCR; A
Holistic Approach to
Closure Part B:
Implementation of
Closure.
167........................... Cybersecurity in Public 2040-AG20 Final Rule Stage.
Water Systems.
168........................... National Primary Drinking 2040-AG16 Long-Term Actions.
Water Regulations for
Lead and Copper:
Regulatory Revisions.
[[Page 5013]]
169........................... Per- and polyfluoroalkyl 2040-AG18 Long-Term Actions.
Substances (PFAS):
Perfluorooctanoic Acid
(PFOA) and
Perfluorooctanesulfonic
Acid (PFOS) National
Primary Drinking Water
Regulation Rulemaking.
----------------------------------------------------------------------------------------------------------------
Pension Benefit Guaranty Corporation
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
170........................... Special Financial 1212-AB53 Final Rule Stage.
Assistance by PBGC.
----------------------------------------------------------------------------------------------------------------
Small Business Administration
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
171........................... Service-Disabled Veteran- 3245-AH69 Prerule Stage.
Owned Small Business
Certification.
----------------------------------------------------------------------------------------------------------------
Social Security Administration
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
172........................... Omitting Food From In- 0960-AI60 Proposed Rule Stage
Kind Support and
Maintenance Calculations.
173........................... $20 Tolerance Rule to 0960-AI68 Proposed Rule Stage.
Establish That the
Individual Meets the Pro-
Rata Share of Household
Expenses When Living in
the Household of Another.
174........................... Inquiry About SSI 0960-AI69 Proposed Rule Stage.
Eligibility at
Application Filing Date
Which Will Remove the
Requirement for a Signed
Written Statement and
Will Expand Protective
Filing.
----------------------------------------------------------------------------------------------------------------
Nuclear Regulatory Commission
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
175........................... Cyber Security at Fuel 3150-AJ64 Proposed Rule Stage.
Cycle Facilities [NRC-
2015-0179].
176........................... Alternative Physical 3150-AK19 Proposed Rule Stage.
Security Requirements
for Advanced Reactors
[NRC-2017-0227].
177........................... Revision of Fee 3150-AK44 Proposed Rule Stage.
Schedules: Fee Recovery
for FY 2022 [NRC-2020-
0031].
178........................... Advanced Nuclear Reactor 3150-AK55 Proposed Rule Stage.
Generic Environmental
Impact Statement [NRC-
2020-0101].
179........................... Emergency Preparedness 3150-AJ68 Final Rule Stage.
Requirements for Small
Modular Reactors and
Other New Technologies
[NRC-2015-0225].
180........................... NuScale Small Modular 3150-AJ98 Final Rule Stage.
Reactor Design
Certification [NRC-2017-
0029].
181........................... American Society of 3150-AK22 Final Rule Stage.
Mechanical Engineers
2019-2020 Code Editions
[NRC-2018-0290].
----------------------------------------------------------------------------------------------------------------
BILLING CODE 6820-27-P
The U.S. Department of Agriculture's (USDA) fall 2021 Regulatory
Agenda and Plan prioritizes initiatives fostering 21st century
innovation, job creation, economic and market opportunity in rural
America, particularly among historically underserved people and
communities, and a safe end to the pandemic. USDA will continue to
leverage existing programs in response to unforeseen events and
national emergencies affecting the American farm economy, schools,
individual households, and our National Forests. All USDA programs,
including the priorities contained in this Regulatory Plan, will be
structured to advance the cause of equity by removing barriers and
opening new opportunities.
In 2021, the USDA:
Agricultural Marketing Service (AMS) implemented a Dairy Donation
Program to reimburse dairy organization for donated dairy products to
non-profit organizations for distribution to recipient individuals and
families. The new program was brought about by the 2020 COVID-19
pandemic which disrupted dairy supply chains and displaced significant
volumes of milk normally used in food service channels. This led to
milk being dumped or fed to animals across the United States. The new
program is intended to encourage the donation of dairy products and to
prevent and minimize food waste. Farm Service Agency (FSA) implemented
a new Heirs' Property Relending Program authorized by changes that the
Agriculture Improvement Act of 2018 (2018 Farm Bill) made to the
Consolidated Farm and Rural Development Act. The relending program
provides revolving loan funds to eligible intermediary lenders to
resolve ownership and succession on farmland with multiple owners. The
lenders give loans to qualified individuals to resolve these ownership
issues. The intermediary lenders consolidate and coordinate the
ownerships of the land-ownership interests.
[[Page 5014]]
Outlined below are some of our most important upcoming regulatory
actions. These include efforts to restore and expand economic
opportunity amid a safe end to the pandemic; address the climate change
emergency; and support agricultural markets that are free, open and
promote competition. This Regulatory Plan also reflects USDA's
continued commitments to ensuring a safe and nutritious food supply and
animal welfare protections. As always, our Semiannual Regulatory Agenda
contains information on a broad-spectrum of USDA's initiatives and
upcoming regulatory actions.
Restore and Expand Economic Opportunity Amid a Safe End to the Pandemic
Pandemic Assistance Programs
USDA will provide additional direct financial assistance to
producers of agricultural commodities who suffered eligible revenue
losses in calendar year 2020 during the COVID-19 pandemic; this will
expand on the assistance USDA provided last year. Payments will be made
using funds under the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act; Pub. L. 116-136). The rule will also implement the
expanded Pandemic Cover Crop Program (PCCP) to help agricultural
producers impacted by the effects of the COVID-19 outbreak. Given cover
crop cultivation requires sustained, long-term investments to improve
soil health and gain other agronomic benefits, the economic challenges
due to the pandemic made maintaining cover cropping systems financially
challenging for many producers. In addition, the rule will also update
the regulations for the Emergency Conservation Program (ECP); the
Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish
Program (ELAP); and the Livestock Forage Disaster Program (LFP);
Livestock Indemnity Program (LIP); and payment eligibility provisions.
For more information about this rule, see RIN 0503-AA75.
Address the Climate Change Emergency
Special Areas; Roadless Area Conservation; National Forest System
Lands in Alaska: USDA proposes to repeal a final rule promulgated in
2020 that exempted the Tongass National Forest from the 2001 Roadless
Area Conservation Rule (2001 Roadless Rule). The 2001 Roadless Rule
prohibited timber harvest and road construction or reconstruction
within designated Inventoried Roadless Areas, with limited exceptions.
This proposal is consistent with President Biden's Executive Order
13990, Protecting Public Health and the Environment and Restoring
Science to Tackle the Climate Crisis, directing action to address
Federal regulations issued during the previous four years that may
conflict with protecting the environment and to immediately commence
work to confront the climate crisis. For more information about this
rule, see RIN 0596-AD51.
Support Agricultural Markets That Are Free, Open and Promote
Competition
On July 9, 2021, President Biden signed Executive Order 14036 to
address the growing concerns over competition and concentration in the
U.S. economy, including the agriculture sector. The order includes 72
initiatives by more than a dozen federal agencies including USDA to
promptly tackle some of the most pressing competition problems across
the economy. Specifically, the White House fact sheet looks to
``empower family farmers and increase their incomes by strengthening
the Department of Agriculture's tools to stop the abusive practices of
some meat processors.'' One of USDA's initiatives is this area will be
to revitalize, through the following rulemakings, the Packers and
Stockyards Act to fight unfair practices and rebuild a competitive
marketplace:
Poultry Grower Ranking Systems: The proposal would address the use
of poultry grower ranking systems as a method of payment and settlement
grouping for poultry growers under contract in poultry growing
arrangements with live poultry dealers. The proposal would establish
certain requirements with which a live poultry dealer must comply if a
poultry grower ranking system is utilized to determine grower payment.
A live poultry dealer's failure to comply would be deemed an unfair,
unjustly discriminatory, and deceptive practice according to factors
outlined in the proposed rule. For more information about this rule,
see RIN 0581-AE03.
Clarification of Scope of the Packers and Stockyards Act: The
proposal would revise regulations under the Packers and Stockyards Act
(Act), providing clarity regarding conduct that may violate the Act.
The proposal would make clear that it is not necessary to demonstrate
harm or likely harm to competition to establish a violation of either
section 202(a) or (b) of the Act. For more information about this rule,
see RIN 0581-AE04.
Unfair Practices in Violation of the Packers and Stockyards Act:
The proposal supplements recent updates to the regulations issued under
the Act that provided criteria for the Secretary to consider when
determining whether certain conduct or actions by packers, swine
contractors, or live poultry dealers is unduly or unreasonably
preferential or advantageous. The proposal clarifies the conduct USDA
considers unfair, unjustly discriminatory, or deceptive and a violation
of the Act, regardless of whether such action harms or is likely to
harm competition. The proposal also clarifies the criteria and types of
conduct considered unduly preferential, advantageous, prejudicial, or
disadvantageous and violations of the Act. For more information about
this rule, see RIN 0581-AE05.
Ensuring That America's Food Supply Is Safe and Nutritious
USDA's Food Safety and Inspection Service (FSIS) continues to
ensure that meat, poultry, and egg products are properly marked,
labeled, and packaged, and prohibits the distribution in-commerce of
meat, poultry, and egg products that are adulterated or misbranded.
Consistent with the President's priorities of advancing the country's
economic recovery and promoting economic resilience, FSIS is proposing
several rules to improve regulatory certainty, which assure consumers
that meat, poultry, and egg products are safe and truthfully labeled
and fosters fair competition among the regulated industry. In a similar
vein, AMS has prepared proposed standards for organic livestock and
poultry production.
Voluntary Labeling of Meat Products With ``Product of USA'' and
Similar Statements: In accordance with Executive Order 14036, Promoting
Competition in the American Economy, FSIS will propose to address
concerns that the voluntary ``Product of USA'' label claim may confuse
consumers about the origin of FSIS regulated products. FSIS intends to
clarify the voluntary claim so that it is more meaningful to consumers
and ensures a fair and competitive marketplace for American farmers and
ranchers. For more information about this rule, see RIN 0583-AD87.
Revision of the Nutrition Facts Panels for Meat and Poultry
Products and Updating Certain Reference Amounts Customarily Consumed;
Prior Label Approval System: Expansion of Generic Label Approval: FSIS
plans to finalize two rules, one to update nutrition labeling for meat
and poultry products and another to expand the categories of meat and
poultry product labels deemed generically approved that may be used
[[Page 5015]]
in commerce without prior FSIS review and approval. The rule expanding
the categories of generically approved labels would reduce labeling
costs for meat and poultry establishments, including small and very
small establishments. Both rules will provide additional certainty
about what is required for meat and poultry labeling while ensuring
that consumers have access to the information they need about the food
they buy. For more information about these rules, see RINs 0583-AD56
and 0583-AD78.
National Organic Program; Organic Livestock and Poultry Standards:
The proposal would establish standards that support additional practice
standards for organic livestock and poultry production. This proposed
action would add provisions to the USDA organic regulations to address
and clarify livestock and poultry living conditions (for example,
outdoor access, housing environment and stocking densities), health
care practices (for example physical alterations, administering medical
treatment, euthanasia), and animal handling and transport to and during
slaughter. For more information about this rule, see RIN 0581-AE06.
Animal Welfare Protections
Standards for the Humane Handling, Care, Treatment and
Transportation of Birds Not Bred for Use in Research under the Animal
Welfare Act: The proposal would establish standards for humane
handling, care, treatment, and transportation of birds not bred for use
in research when those birds are engaged in any activity covered under
the Animal Welfare Act. For more information about this rule, see RIN
0579-AE61.
USDA--AGRICULTURAL MARKETING SERVICE (AMS)
Proposed Rule Stage
1. Poultry Grower Ranking Systems (AMS-FTPP-21-0044)
Priority: Other Significant.
Legal Authority: 7 U.S.C. 181 to 229c
CFR Citation: 9 CFR 201.
Legal Deadline: None.
Abstract: The U.S. Department of Agriculture's Agricultural
Marketing Service proposes to amend the regulations issued under the
Packers and Stockyards Act (P&S Act) to address the use of poultry
grower ranking systems as a method of payment and settlement grouping
for poultry growers under contract in poultry growing arrangements with
live poultry dealers. The proposed regulation would establish certain
requirements with which a live poultry dealer must comply if a poultry
grower ranking system is utilized to determine grower payment. A live
poultry dealer's failure to comply would be deemed an unfair, unjustly
discriminatory, and deceptive practice.
Statement of Need: Although poultry grower ranking systems may
promote healthy competition among growers and the use of improved
technologies, differences in size and imbalances of power between
parties in contractual poultry growing arrangements can have
detrimental effects on one of the contracting parties and may result in
marketplace inefficiencies. An often-cited concern is the live poultry
dealer's full control over inputs, e.g., chick, feed, medication, etc.,
to the poultry growing process. Industry members have asked the
Agricultural Marketing Service (AMS) to address such imbalances by
specifying the conduct that would be considered violative of the
Packers and Stockyards Act (Act).
Summary of Legal Basis: The Agricultural Marketing Service (AMS) is
delegated authority by the Secretary of Agriculture to enforce the P&S
Act. AMS has received numerous complaints regarding the imbalance of
power in poultry growing agreements, wherein one side controls all of
the inputs, then arbitrarily ranks grower performance against other
growers to determine pay.
Alternatives: AMS considered finalizing a 2016 proposed rule that
would have identified criteria for determining whether a live poultry
dealer's use of a grower ranking system for payment purposes might be
unlawful under the Packers and Stockyards Act.
Anticipated Cost and Benefits: USDA estimates the first-year costs
associated with this proposed rule to be $17.37 million. Subsequent
year costs are expected to be significantly less than first-year costs,
resulting in a ten-year total cost of $34.64 million. USDA expects the
primary benefit of the regulation will be the increased ability to
protect poultry growers from unfair practices associated with the use
of poultry grower ranking systems. At the same time, the rule is
expected to improve efficiencies through the use of new technologies
and to reduce market failures among poultry growers.
Risks: Extended litigation over legal challenges from the industry
could result in the rule being struck down by the courts, hindering the
agency's ability to enforce the Act for years.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Michael V. Durando, Deputy Administrator, Fair
Trade Practices Program, Department of Agriculture, Agricultural
Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-
0237, Phone: 202 720-0219.
RIN: 0581-AE03
USDA--AMS
2. Clarification of Scope of the Packers and Stockyards Act (AMS-FTPP-
21-0046)
Priority: Other Significant.
Legal Authority: 7 U.S.C. 181 to 229c
CFR Citation: 9 CFR 201.
Legal Deadline: None.
Abstract: USDA proposes to revise the regulations issued under the
Packers and Stockyards Act (Act) (7 U.S.C. 181 229c) to provide clarity
regarding conduct that may violate the Act. This action is intended to
support market growth, assure fair trade practices and competition, and
protect livestock and poultry growers and producers. The proposed rule
addresses long-standing issues related to competitiveness and whether
all allegations of violations of the Act must be accompanied by a
showing of harm or likely harm to competition.
Statement of Need: Revisions to regulations pertaining to the
Packers and Stockyards Act (Act) that would clarify the scope of the
Act are needed to establish what conduct or action, depending on their
nature and the circumstances, violate the Act without a finding of harm
or likely harm to competition. Such revisions reflect the Department of
Agriculture's (USDA) longstanding position in this regard and
complement two concurrent rules related to poultry grower ranking
systems and conduct that constitutes unfair trade practices under the
Act.
Summary of Legal Basis: The Act provides USDA with the authority to
assure fair competition and trade practices and to safeguard farmers
against receiving less than the true market value of their livestock.
Sections 202(c), (d), and (e) of the Act limit the application of those
sections to acts or practices that have an adverse effect on
competition, such as acts restraining commerce, creating a monopoly, or
[[Page 5016]]
producing another type of antitrust injury. However, provisions in
sections 202(a) and (b) restrict practices that are deceptive, unfair,
unjust, undue, and unreasonable; terms that are understood to encompass
more than anticompetitive conduct. USDA's position is that Congress did
not intend application of sections 202(a) and (b) to be limited to
instances in which there is harm to competition.
Alternatives: USDA considered doing nothing, not challenging
standing court decisions. However, courts are not unanimous in their
findings. Further, several courts disagree with USDA's position. Lack
of clarity hinders the agency's ability to consistently administer and
enforce the Act.
Anticipated Cost and Benefits: USDA estimate annual costs related
to this rule of $9 million for the first five years, decreasing in
subsequent years, for total ten-year costs of $66 million. We believe
the primary benefit of the proposed regulation is the increased ability
to protect producers and growers through enforcement of the Act for
violations of section 202(a) and/or (b) that do not result in harm, or
a likelihood of harm, to competition.
Risks: Courts have recognized that the proper analysis of alleged
violations of these two sections depends on the facts of each case.
However, four courts of appeals have disagreed with USDA's
interpretation of the Act and have concluded that plaintiffs could not
prove their claims under those sections without proving harm to
competition or likely harm to competition. There is a risk if future
legal challenge of USDA interpretation of sections 202(c), (d), and (e)
of the Act.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Agency Contact: Michael V. Durando, Deputy Administrator, Fair
Trade Practices Program, Department of Agriculture, Agricultural
Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-
0237, Phone: 202 720-0219.
RIN: 0581-AE04
USDA--AMS
3. Unfair Practices in Violation of the Packers and Stockyards Act
(AMS-FTPP-21-0045)
Priority: Other Significant.
Legal Authority: 7 U.S.C. 181 to 229c
CFR Citation: 9 CFR 201.
Legal Deadline: None.
Abstract: USDA proposes to supplement a recent revision to
regulations issued under the Packers and Stockyards Act (Act) (7 U.S.C.
181 229c) that provided criteria for the Secretary to consider when
determining whether certain conduct or action by packers, swine
contractors, or live poultry dealers is unduly or unreasonably
preferential or advantageous. The proposed supplemental amendments
would clarify the conduct the Department considers unfair, unjustly
discriminatory, or deceptive and a violation of sections 202(a) and (b)
of the Act. USDA would also clarify the criteria and types of conduct
that would be considered unduly or unreasonably preferential,
advantageous, prejudicial, or disadvantageous and violations of the
Act.
Statement of Need: Revisions to regulations pertaining to the
Packers and Stockyards Act (Act) would clarify the types of conduct by
packers, swine contractors, or live poultry dealers that the
Agricultural Marketing Service (AMS) considers unfair, unjustly
discriminatory, or deceptive and a violation of section 202(a) of the
Act, regardless of whether such action harms or is likely to harm
competition. The proposed rule would also clarify the criteria and/or
types of conduct that would be considered unduly or unreasonably
preferential, advantageous, prejudicial, or disadvantageous and a
violation of section 202(b) of the Act.
Sections 202(a) and 202(b) of the P&S Act are broadly written to
prohibit unfair practices and undue preferences and prejudices.
Industry members have complained that the regulations effectuating the
Act are too vague and do not provide adequate clarity about the types
of conduct or action that are likely to violate the Act. This rule is
needed to provide essential clarity about what would be considered
violations of the Act, regardless of whether such violations harm or
are likely to harm competition.
Summary of Legal Basis: The Packers and Stockyards Act (Act)
authorizes AMS to determine if conduct within the poultry and livestock
industries are unfair, unjustly discriminatory, or deceptive and,
therefore a violation of the Act.
Alternatives: AMS considered taking no further action, allowing 100
years of case law to determine precedent in making determinations about
whether certain behaviors violate the Act. AMS also considered
revisiting the withdrawn 2016 rulemaking approach that would have
identified criteria with which to determine whether certain behaviors
violate the Act.
Anticipated Cost and Benefits: USDA estimates first-year costs
associated with this proposed rule to be $27.19 million, with
significantly decreased costs each year thereafter, resulting in a ten-
year total cost of $54.21 million. AMS expects this proposed rule to
benefit all segments of the industry, providing greater clarity about
what would be considered violations of the Act. AMS expects this
proposed rule, coupled with a concurrent rule on the scope of the Act,
to strengthen enforcement of the Act, resulting in fairer and more
competitive markets for producers and poultry growers.
Risks: Industry is divided about adding lists or examples of
specific prohibited conduct to the regulations. Some argue such lists
would inhibit freedom to forge contracts that fit individual
situations, while others contend greater specificity is required so
that affected parties can more readily identify violative behavior.
Industry is also split on the question of whether identified prohibited
behaviors must be found to harm or likely harm competition to be
considered violations of the Act. AMS expects to resolve some of the
controversy by being proactive and transparent with the industry to
allow for critical discussions and decisions on the rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Michael V. Durando, Deputy Administrator, Fair
Trade Practices Program, Department of Agriculture, Agricultural
Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-
0237, Phone: 202 720-0219.
RIN: 0581-AE05
USDA--AMS
4. <bullet> Organic Livestock and Poultry Standards
Priority: Economically Significant. Major under 5 U.S.C. 801.
Legal Authority: 7 U.S.C. 6501-7 U.S.C. 6524
CFR Citation: 7 CFR 205
Legal Deadline: None.
[[Page 5017]]
Abstract: This action would establish additional practice standards
l for organic livestock and poultry production. This action would add
provisions to the USDA organic regulations to address and clarify that
livestock and poultry living conditions (for example, outdoor access,
housing environment, and stocking densities), health care practices
(for example, physical alterations, administering medical treatment,
and euthanasia), and animal handling and transport to and during
slaughter are part of the organic certification.
Statement of Need: The Organic Livestock and Poultry Standards
(OLPS) proposed rule is needed to clarify the USDA organic standards
for livestock and poultry living conditions and health practices. The
current regulations for livestock production provide general
requirements but some of these provisions are ambiguous and have led to
inconsistent divergent practices, particularly in the organic poultry
sector. This rule responds to nine recommendations from the National
Organic Standards Board and findings from a USDA Office of Inspector
General (OIG) report. (See USDA, Office of the Inspector General. March
2010. Audit Report 01601-03-Hy, Oversight of the National Organic
Program. Available at: <a href="http://www.usda.gov/oig/rptsauditsams.htm">http://www.usda.gov/oig/rptsauditsams.htm</a>.) This
proposed rule includes provisions to support the expression of natural
behaviors and the welfare of organic livestock and poultry.
Summary of Legal Basis: OLPS is authorized by the Organic Foods
Production Act of 1990 (OFPA), 7 U.S.C. 65016524. OFPA authorizes the
USDA to establish national standards governing the marketing of certain
agricultural products as organically produced products to assure
consumers that organically produced products meet a consistent standard
and to facilitate interstate commerce in fresh and processed food that
is organically produced.
Alternatives: AMS considered several alternatives and presents
these in the proposed rule. AMS presents two compliance date
alternatives in the proposed rule that would affect the costs and
benefits of the rule. Additionally, AMS discusses alternatives to
specific policies included in the proposed rule, including alternative
indoor and outdoor space requirements, and non-regulatory alternatives,
including consumer education or no rule.
Anticipated Cost and Benefits: AMS estimates an annual cost of
approximately $4 million annually for layer operations and an
associated benefit of approximately $14 million annually. Additionally,
AMS estimates an annual cost to broiler producers of approximately $12
million annually and an associated benefit of nearly $100 million
annually. The costs of the rule would primarily affect USDA-certified
organic operations that produce livestock and poultry. Qualitatively,
AMS also anticipates the rule will establish a clear standard
protecting the value of the USDA organic seal to consumers, provide a
consistent, level playing field for organic livestock producers, and
facilitate enforcement of organic livestock and poultry standards.
Risks: A final rule that is very similar to this proposed rule was
published on January 19, 2017. That rule was subsequently withdrawn and
never became effective. The USDA continues to face two legal challenges
related to the withdrawal of the rule. Publishing a new proposed rule
will indicate that the USDA is taking steps to advance the regulations.
This could be viewed favorably by some, although others would prefer
reinstating the January 2017 rule without the associated steps required
to finalize a new rule.
The final rule published in January 2017 elicited mixed responses
and was opposed by a multitude of producer groups, representing both
organic and non-organic producers. Publication of this proposed rule is
likely to produce similar responses. Additionally, USDA argued in its
withdrawal of the rule that USDA had no authority under the Organic
Foods Production Act to promulgate the rule, so there is legal risk in
reversing direction and publishing a similar rule.
Finally, AMS plans to seek comment on providing an extended
compliance date (15 years) for poultry operations that do not provide
birds with access to soil or vegetation in outdoor spaces (i.e., porch
systems). AMS's presentation of this option is likely to invoke strong
opinions among some stakeholders.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/00/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Erin Healy, Director, Standards Division, National
Organic Program, Department of Agriculture, Agricultural Marketing
Service, Washington, DC 20024, Phone: 202 617-4942, Email:
<a href="/cdn-cgi/l/email-protection#5e3b2c373070363b3f32271e2b2d3a3f70393128"><span class="__cf_email__" data-cfemail="1376617a7d3d7b76727f6a53666077723d747c65">[email protected]</span></a>.
Related RIN: Related to 0581-AD44, Related to 0581-AD74, Related to
0581-AD75.
RIN: 0581-AE06
USDA--ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)
Proposed Rule Stage
5. Establishing AWA Standards for Birds
Priority: Other Significant.
Legal Authority: 7 U.S.C. 2131 to 2159
CFR Citation: 9 CFR 1 to 3.
Legal Deadline: NPRM, Judicial, February 2022.
Mandated by the U.S. District Court for the District of Columbia in
a May 26, 2020 Stay (Case # 1:18-cv-01138-TNM).
Abstract: This rulemaking would extend APHIS enforcement of the
Animal Welfare Act (AWA) to birds, other than birds bred for use in
research. This would help ensure the humane care and treatment of such
birds.
Statement of Need: Although the AWA authorizes the regulation of
birds not bred for use in research, APHIS has not to this date
promulgated regulations and standards for the humane care and treatment
of such birds.
Summary of Legal Basis: 7 U.S.C. 2131 to 2159; 7 CFR 2.22, 2.80,
and 371.7.
Alternatives: N/A.
Anticipated Cost and Benefits: Undetermined.
Risks: Failure to issue the rule would not comport with the Court's
order in the Stay, and could place at risk the humane care and
treatment of birds, other than birds bred for use in research.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/00/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Undetermined.
Additional Information: Additional information about APHIS and its
programs is available on the internet at <a href="http://www.aphis.usda.gov">http://www.aphis.usda.gov</a>.
Agency Contact: Lance Bassage, DVM, Director, National Policy
Staff, Animal Care, Department of Agriculture, Animal and Plant Health
Inspection Service, 4700 River Road, Unit 84, Riverdale, MD 20737,
Phone: 518 218-7551, Email: <a href="/cdn-cgi/l/email-protection#92fef3fcf1f7bcfabcf0f3e1e1f3f5f7d2e7e1f6f3bcf5fde4"><span class="__cf_email__" data-cfemail="a4c8c5cac7c18acc8ac6c5d7d7c5c3c1e4d1d7c0c58ac3cbd2">[email protected]</span></a>.
RIN: 0579-AE61
[[Page 5018]]
USDA--FOOD SAFETY AND INSPECTION SERVICE (FSIS)
Proposed Rule Stage
6. Voluntary Labeling of Meat Products With ``Product of USA'' and
Similar Statements
Priority: Other Significant.
Legal Authority: 21 U.S.C. 601, et seq.
CFR Citation: 9 CFR 317.8.
Legal Deadline: None.
Abstract: The Food Safety and Inspection Service (FSIS) is
proposing to amend its regulations to define the conditions under which
the labeling of meat product labels can bear voluntary statements
indicating that the product is of United States (U.S.) origin, such as
Product of USA, or Made in the USA.
Statement of Need: In 2018 and 2019, FSIS received two petitions
requesting that it change its policy regarding the labeling of meat
products to indicate U.S. origin. After considering the petitions and
the public comments submitted in response to them, FSIS concluded that
adherence to the current labeling policy guidance may be causing
confusion in the marketplace with respect to certain imported meat and
that the current labeling policy may no longer meet consumer
expectations of what the Product of USA claim signifies. The Agency
wants to ensure that any changes to its current policy are accomplished
by an open and transparent process. Therefore, FSIS decided that,
instead of changing the Policy Book entry, it would initiate rulemaking
to define the conditions under which the labeling of meat products
would be permitted to bear voluntary statements indicating that the
product is of U.S. origin.
Summary of Legal Basis: The Federal Meat Inspection Act (21 U.S.C.
601 et seq.).
Alternatives: FSIS has considered the current labeling guidance and
the alternatives proposed in the two petitions: (1) To amend the FSIS
Policy Book to state that meat products may be labeled as Product of
USA only if significant ingredients having a bearing on consumer
preference such as meat, vegetables, fruits, dairy products, etc., are
of domestic origin and; (2) to amend the FSIS Policy Book to provide
that any beef product labeled as Made in the USA, Product of the USA,
USA Beef or in any other manner that suggests that the origin is the
United States, be derived from cattle that have been born, raised, and
slaughtered in the United States. FSIS will now be conducting a
comprehensive review of origin labeling claims for meat and conducting
a consumer perception survey pursuant to developing the proposed
regulations.
Anticipated Cost and Benefits: Establishments may incur costs
associated with voluntarily changing their labels as a result of any
revised Product of USA labeling claim definition. This proposed rule is
expected to benefit consumers by providing them more specific
information on what Product of USA means for single-ingredient beef and
pork products.
Risks: N/A.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/00/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Matthew Michael, Director, Regulations Development
Staff, Department of Agriculture, Food Safety and Inspection Service,
Office of Policy and Program Development, 1400 Independence Avenue SW,
Washington, DC 20250-3700, Phone: 202 720-0345, Fax: 202 690-0486,
Email: <a href="/cdn-cgi/l/email-protection#88e5e9fcfce0edffa6e5e1ebe0e9ede4c8fdfbece9a6efe7fe"><span class="__cf_email__" data-cfemail="4825293c3c202d3f6625212b20292d24083d3b2c29662f273e">[email protected]</span></a>.
RIN: 0583-AD87
USDA--FSIS
Final Rule Stage
7. Revision of the Nutrition Facts Panels for Meat and Poultry Products
and Updating Certain Reference Amounts Customarily Consumed
Priority: Other Significant.
Legal Authority: 21 U.S.C. 601 et seq., Federal Meat Inspection
Act; 21 U.S.C. 451 et seq., Poultry Products Inspection Act
CFR Citation: 9 CFR 317; 9 CFR 381; 9 CFR 413.
Legal Deadline: None.
Abstract: Consistent with the changes that the Food and Drug
Administration (FDA) finalized, the Food Safety and Inspection Service
(FSIS) is amending the Federal meat and poultry products inspection
regulations to update and revise the nutrition labeling requirements
for meat and poultry products to reflect recent scientific research and
dietary recommendations and to improve the presentation of nutrition
information to assist consumers in maintaining healthy dietary
practices. The final rule will: (1) Update the list of nutrients that
are required or permitted to be declared; (2) provide updated Daily
Reference Values (DRV) and Reference Daily Intake (RDI) values that are
based on current dietary recommendations from consensus reports; and
(3) amend the requirements for foods represented or purported to be
specifically for children under the age of four years and pregnant and
lactating women and establish nutrient reference values specifically
for these population subgroups. FSIS is also revising the format and
appearance of the Nutrition Facts Panel; amending the definition of a
single-serving container; requiring dual-column labeling for certain
containers; and updating and modifying several reference amounts
customarily consumed (RACCs or reference amounts). FSIS is also
consolidating the nutrition labeling regulations for meat and poultry
products into a new Code of Federal Regulations (CFR) part.
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 will propose to
amend 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 to consumers and will improve
efficiency in the marketplace.
Summary of Legal Basis: The Federal Meat Inspection Act (21 U.S.C.
601 et seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et
seq.).
Alternatives: FSIS is considering different alternatives for the
compliance period of the final rule.
Anticipated Cost and Benefits: These proposed regulations are
expected to benefit consumers by increasing and improving dietary
information available in the market. An estimate of the monetary
benefits from these market improvements can be obtained by calculating
the medical cost savings generated by linking information use to
improved consumer diets. In addition, FSIS believes that the public
would be
[[Page 5019]]
better served by having the regulations governing nutrition labeling
consolidated in one part of title 9. Rather than searching through two
separate parts of title 9, CFR parts 317 and 381, to find the nutrition
labeling regulations, interested parties would only have to survey one,
part 413, to be able to apply nutrition panels to their meat and
poultry products. Firms would 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........................ 06/00/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Matthew Michael, Director, Regulations Development
Staff, Department of Agriculture, Food Safety and Inspection Service,
Office of Policy and Program Development, 1400 Independence Avenue SW,
Washington, DC 20250-3700, Phone: 202 720-0345, Fax: 202 690-0486,
Email: <a href="/cdn-cgi/l/email-protection#b1dcd0c5c5d9d4c69fdcd8d2d9d0d4ddf1c4c2d5d09fd6dec7"><span class="__cf_email__" data-cfemail="7914180d0d111c0e5714101a11181c15390c0a1d18571e160f">[email protected]</span></a>.
RIN: 0583-AD56
USDA--FSIS
8. Prior Label Approval System: Expansion of Generic Label Approval
Priority: Other Significant.
Legal Authority: 21 U.S.C. 601 et seq.; 21 U.S.C. 451 et seq.
CFR Citation: 9 CFR 412.2 (a) (1); 9 CFR 317.7; 9 CFR 381.128; 9
CFR 412.2 (b).
Legal Deadline: None.
Abstract: The Food Safety and Inspection Service (FSIS) is amending
its labeling regulations to expand the categories of meat and poultry
product labels that it will deem generically approved and thus not
required to be submitted to FSIS. These reforms will reduce the
regulatory burden on producers seeking to bring products to market, as
well as the Agency costs expended to evaluate the labels.
Statement of Need: This action is needed to reduce the regulatory
burden on producers seeking to bring products to market, as well as the
Agency costs expended to evaluate the labels. Based on FSIS experience
evaluating the labels in question and the ability of inspection
personnel to verify labeling in the field, FSIS anticipates this action
will have no impact on food safety or the accuracy of meat and poultry
product labeling.
Summary of Legal Basis: The Acts direct the Secretary of
Agriculture to maintain meat and poultry inspection programs designed
to assure consumers that these products are safe, wholesome, not
adulterated, and properly marked, labeled, and packaged. Section 7(d)
of the Federal Meat Inspection Act (21 U.S.C. 607(d)) states: No
article subject to this title shall be sold or offered for sale by any
person, firm, or corporation, in commerce, under any name or other
marking or labeling which is false or misleading, or in any container
of a misleading form or size, but established trade names and other
marking and labeling and containers which are not false or misleading
and which are approved by the Secretary are permitted. The Poultry
Products Inspection Act contains similar language in section 21 U.S.C.
457(c).
Alternatives: FSIS considered three alternatives to the proposed
rule: Taking no action, adopting the current proposal except with
continued evaluation of labels that would otherwise be generically
approved, and allowing all labels to be generically approved.
Anticipated Cost and Benefits: There are no additional costs to
industry, or the Agency associated with this rule. FSIS will continue
to verify that product labels, including those that are generically
approved, are truthful and not misleading and otherwise comply with
FSIS's requirements.
This rule is expected to reduce the number of labels industry is
required to submit to FSIS for evaluation by approximately 35 percent.
Establishments will realize a cost savings because they will no longer
need to incur costs for submitting certain types of labels to FSIS for
evaluation (e.g., preparing a printer's proof). In addition,
streamlining the evaluation process for specific types of labels would
allow a faster introduction of products into the marketplace by
reducing wait times for label approvals.
FSIS will also benefit from a reduction in the number of labels
submitted to it for review. FSIS will be able to reallocate staff hours
from evaluating labels towards the development of labeling policy.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/14/20 85 FR 56538
NPRM Comment Period End............. 11/13/20 .......................
Final Rule.......................... 04/00/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Matthew Michael, Director, Regulations Development
Staff, Department of Agriculture, Food Safety and Inspection Service,
Office of Policy and Program Development, 1400 Independence Avenue SW,
Washington, DC 20250-3700, Phone: 202 720-0345, Fax: 202 690-0486,
Email: <a href="/cdn-cgi/l/email-protection#bcd1ddc8c8d4d9cb92d1d5dfd4ddd9d0fcc9cfd8dd92dbd3ca"><span class="__cf_email__" data-cfemail="74191500001c11035a191d171c15111834010710155a131b02">[email protected]</span></a>.
RIN: 0583-AD78
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 all American communities by promoting
innovation, entrepreneurship, competitiveness, and environmental
stewardship. Commerce has 12 operating units, which manage a diverse
portfolio of programs and services ranging from trade promotion and
economic development assistance to improved broadband access and the
National Weather Service, and from standards development and
statistical data production, including the decennial census, to patents
and fisheries management. Across these varied activities, the
Department seeks to provide a foundation for a more equitable,
resilient, and globally competitive economy.
To fulfill its mission, Commerce works in partnership with
businesses, educational institutions, community organizations,
government agencies, and individuals to:
<bullet> Innovate by creating new ideas through cutting-edge
science and technology, from advances in nanotechnology to ocean
exploration to broadband deployment, and by protecting American
innovations through the patent and trademark system;
<bullet> Support entrepreneurship and commercialization by enabling
community development and
[[Page 5020]]
strengthening minority businesses and small manufacturers;
<bullet> Maintain U.S. economic competitiveness in the global
marketplace by promoting exports and foreign direct investment,
ensuring a level playing field for U.S. businesses, and ensuring that
technology transfer is consistent with our nation's economic and
security interests;
<bullet> Provide effective management and stewardship of our
nation's resources and assets to ensure sustainable economic
opportunities; and
<bullet> Make informed policy decisions and enable better
understanding of the economy and our communities by providing timely,
accessible, and accurate economic and demographic data.
Responding to the Administration's Regulatory Philosophy and Principles
Commerce's Regulatory Plan tracks the most important regulations
that the Department anticipates issuing to implement these policy and
program priorities and foster sustainable and equitable growth. Of
Commerce's 12 primary operating units, three bureaus--the National
Oceanic and Atmospheric Administration (NOAA), the United States Patent
and Trademark Office (USPTO), and the Bureau of Industry and Security
(BIS)--issue the vast majority of the Department's regulations, and
these three bureaus account for all the planned actions that are
considered the Department's most important significant pre-regulatory
or regulatory actions for FY 2022.
National Oceanic and Atmospheric Administration
NOAA's mission is built on three pillars: Science, service, and
stewardship--to understand and predict changes in climate, weather,
oceans, and coasts; to share that knowledge and information with
others; and to conserve and manage coastal and marine ecosystems and
resources.
At its core, NOAA is a scientific agency. It observes, measures,
monitors, and collects data from the depths of the ocean to the surface
of the sun, and it does so following principles of scientific
integrity. These data are turned into weather and climate models and
forecasts that are then used for everything from local weather
forecasts to predicting the movement of wildfire smoke to identifying
the impacts of climate change on fisheries and living marine resources.
With respect to service, NOAA not only collects data but is
mandated to make it operational, and NOAA seeks to be the authoritative
provider of climate products and services. By providing Federal, State,
and local government partners, the private sector, and the public with
actionable environmental information, NOAA can facilitate decisions in
the face of climate change. Such decisions can range from businesses
planning the location of offices; insurance companies trying to
incorporate climate risk into their insurance policies; and
municipalities looking to ensure that plans for construction of new
housing developments will be resilient to increasing sea level risk,
flooding, and heavy precipitation.
The final pillar of NOAA's mission is stewardship. NOAA seeks to
conserve our lands, waters, and natural resources, protecting people
and the environment now and for future generations. As part of
Commerce, moreover, NOAA recognizes that economic growth must go hand-
in-hand with environmental stewardship. For example, with respect to
the nation's fisheries, NOAA looks simultaneously to optimize
productivity and ensure sustainability in order to boost long-term
economic growth and competitiveness in this vital sector of the U.S.
economy. 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; and promotes economic development
of the U.S. fishing industry. NOS assists the coastal states in their
management of land and ocean resources in their coastal zones,
including estuarine research reserves; manages national marine
sanctuaries; monitors marine pollution; and directs the national
program for deep-seabed minerals and ocean thermal energy.
Much of NOAA's rulemaking is conducted pursuant to the following
key statutes:
Magnuson-Stevens Fishery Conservation and Management Act
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) rulemakings concern the conservation and management of
fishery resources in the U.S. Exclusive Economic Zone (generally 3-200
nautical miles from shore). As itemized in the Unified Agenda, NOAA
plans to take several hundred actions in FY 2022 under Magnuson-Stevens
Act authority, of which roughly 20 are expected to be significant
rulemakings, as defined in Executive Order 12866. With certain
exceptions, rulemakings under Magnuson-Stevens are usually initiated by
the actions of eight regional Fishery Management Councils (FMCs or
Councils). These Councils are comprised of representatives from the
commercial and recreational fishing sectors, environmental groups,
academia, and Federal and State government, and they are responsible
for preparing fishery management plans (FMPs) and FMP amendments, and
for recommending implementing regulations for each managed fishery.
FMPs address a variety of issues, including maximizing fishing
opportunities on healthy stocks, rebuilding overfished stocks, and
addressing gear conflicts. After considering the FMCs' recommendations
in light of the standards and requirements set forth in the Magnuson-
Stevens Act and in other applicable laws, NOAA may issue regulations to
implement the proposed FMPs and FMP amendments.
Marine Mammal Protection Act
The Marine Mammal Protection Act of 1972 (MMPA) provides the
authority for the conservation and management of marine mammals under
U.S. jurisdiction. It expressly prohibits, with certain exceptions, the
intentional take of marine mammals. The MMPA allows, upon request and
subsequent authorization, the incidental take of marine mammals by U.S.
citizens who engage in a specified activity (e.g., oil and gas
development, pile driving) within a specified geographic region. NMFS
authorizes incidental take under the MMPA if it finds that the taking
would be of small numbers, have no more than a ``negligible impact'' on
those marine mammal species or stock, and would not have an
``unmitigable adverse impact'' on the availability of the species or
stock for ``subsistence'' uses. NMFS also initiates rulemakings under
the MMPA to establish a management regime to reduce marine mammal
mortalities and injuries as a result of interactions with fisheries. In
addition, the MMPA allows NMFS to permit the take or import of wild
animals for scientific research or public display or to enhance the
survival of a species or stock.
Endangered Species Act
The Endangered Species Act of 1973 (ESA) provides for the
conservation of
[[Page 5021]]
species that are determined to be ``endangered'' or ``threatened,'' and
the conservation of the ecosystems on which these species depend. NMFS
and the Department of Interior's Fish and Wildlife Service (FWS)
jointly administer the provisions of the ESA: NMFS manages marine and
several anadromous species, and FWS manages land and freshwater
species. Together, NMFS and FWS work to protect critically imperiled
species from extinction. NMFS rulemaking actions under the ESA are
focused on determining whether any species under its responsibility is
an endangered or threatened species and whether those species must be
added to the list of protected species. NMFS is also responsible for
designating, reviewing and revising critical habitat for any listed
species. In addition, as indicated in the list of highlighted actions
below, NMFS and FWS may also issue rules clarifying how particular
provisions of the ESA will be implemented.
The National Marine Sanctuaries Act
The National Marine Sanctuaries Act (NMSA) authorizes the Secretary
of Commerce to designate and protect as national marine sanctuaries
areas of the marine environment with special national significance due
to their conservation, recreational, ecological, historical,
scientific, cultural, archeological, educational, or aesthetic
qualities. The primary objective of the NMSA is to protect marine
resources, such as coral reefs, sunken historical vessels, or unique
habitats.
NOAA's Office of National Marine Sanctuaries (ONMS), within NOS,
has the responsibility for management of national marine sanctuaries.
ONMS regulations, issued pursuant to NMSA, prohibit specific kinds of
activities, describe and define the boundaries of the designated
national marine sanctuaries, and set up a system of permits to allow
the conduct of certain types of activities that would otherwise not be
allowed.
These regulations can, among other things, regulate and restrict
activities that may injure natural resources, including all extractive
and destructive activities, consistent with community-specific needs
and NMSA's purpose to ``facilitate to the extent compatible with the
primary objective of resource protection, all public and private uses
of the resources of these marine areas.'' In FY 2022, NOAA is expected
to have at least three regulatory actions under NMSA.
Coastal Zone Management Act
The Coastal Zone Management Act (CZMA) was passed in 1972 to
preserve, protect, and develop and, where possible, to restore and
enhance the resources of the nation's coastal zone. The CZMA creates a
voluntary state-federal partnership, where coastal states (States in,
or bordering on, the Atlantic, Pacific or Arctic Ocean, the Gulf of
Mexico, Long Island Sound, or one or more of the Great Lakes), may
elect to develop comprehensive programs that meet federal approval
standards. Currently, 34 of the 35 eligible entities are implementing a
federally approved coastal management plan approved by the Secretary of
Commerce.
NOAA's Regulatory Plan Actions
Of the numerous regulatory actions that NOAA is planning for this
year and that are included in the Unified Agenda, there are five,
described below, that the Department considers to be of particular
importance.
1. Illegal, Unreported, and Unregulated Fishing; Fisheries
Enforcement; High Seas Driftnet Fishing Moratorium Protection Act
(0648-BG11): The United States is a signatory to the Port State
Measures Agreement (PSMA). The agreement is aimed at combating illegal,
unreported, and unregulated (IUU) fishing activities through increased
port inspection of foreign fishing vessels and by preventing the
products of illegal fishing from landing and entering into commerce.
The High Seas Driftnet Fishing Moratorium Act (Fishing Moratorium Act)
implemented provisions of the PSMA, and NOAA issued regulations under
the Fishing Moratorium Act in 2011 and 2013. Since then, the provisions
of the Fishing Moratorium Act have been amended by the Illegal,
Unreported and Unregulated Fishing Enforcement Act of 2015 (Pub. L.
114-81) and the Ensuring Access to Pacific Fisheries Act (Pub. L. 114-
327). This proposed rule would implement amendments made by these later
two laws. NMFS will also propose changes to the definition of IUU
fishing for the purposes of identifying and certifying nations.
2. Amendments to the North Atlantic Right Whale Vessel Strike
Reduction Rule (0648-BI88): Regulatory modifications are needed to
further reduce the likelihood of mortalities and serious injuries to
endangered North Atlantic right whales from vessel collisions, which
are a primary cause of the species' decline and greatly contributing to
the ongoing Unusual Mortality Event (2017-present). Following two
decades of growth, the species has been in decline over the past decade
with a population estimate of only 368 individuals as of 2019. Vessel
strikes are one of the two primary causes of North Atlantic right whale
mortality and serious injury across their range, and human-caused
mortality to adult females in particular is limiting recovery of the
species. Entanglement in fishing gear is the other primary cause of
mortality and serious injury, which is being addressed by separate
regulatory actions.
3. Endangered and Threatened Wildlife and Plants; Revision of the
Regulations for Listing Endangered and Threatened Species and
Designation of Critical Habitat (0648-BJ44): This action responds to
section 2 of the Executive Order on Protecting Public Health and the
Environment and Restoring Science to Tackle the Climate Crisis (E.O.
13990) and the associated Fact Sheet (List of Agency Actions for
Review). This is a joint rulemaking by NMFS and the FWS (the Services)
to rescind the regulatory definition of the term ``habitat.'' This
previously undefined term was defined by regulation for the first time
in 2020 for the purpose of designating critical habitat under the ESA.
Pursuant to Executive Order 13990, the Services also considered the
alternatives of retaining the existing habitat definition or revising
the habitat definition and will be considering any alternatives
provided during the public comment period on the proposed rule.
4. Endangered and Threatened Wildlife and Plants; Regulations for
Listing Species and Designating Critical Habitat (0648-BK47): This
action responds to section 2 of the Executive Order on Protecting
Public Health and the Environment and Restoring Science to Tackle the
Climate Crisis (E.O. 13990) and the associated Fact Sheet (List of
Agency Actions for Review). This is a joint rulemaking by the Services
to revise joint regulations issued in 2019 implementing section 4 of
the ESA. Specifically addressed in this action are joint regulations
that address the classification of species as threatened or endangered
and the criteria and process for designating critical habitat for
listed species. Pursuant to Executive Order 13990, the Services
reviewed the specific regulatory provisions that had been revised in
the 2019 final rule. Following a review of the 2019 rule, the Services
are proposing to revise a portion of these regulations but are also
soliciting public comments on all aspects of the 2019 rule before
issuing a final rule.
5. Endangered and Threatened Wildlife and Plants; Revision of
[[Page 5022]]
Regulations for Interagency Cooperation (0648-BK48): This action
responds to section 2 of the Executive Order on Protecting Public
Health and the Environment and Restoring Science to Tackle the Climate
Crisis (E.O. 13990) and the associated Fact Sheet (List of Agency
Actions for Review). This is a joint rulemaking by the Services to
revise joint regulations implementing section 7 of the ESA, which
requires Federal agencies to consult with the Services whenever any
action the agency undertakes, funds, or authorizes may affect
endangered or threatened species or their critical habitat, to ensure
that the action does not jeopardize listed species or adversely modify
critical habitat. In 2019, the Services revised various aspects of the
regulations governing the consultation process under ESA Section 7
including, significantly, how the Services define the ``effects of the
action,'' which has importance for determining the scope of
consultation. Pursuant to Executive Order 13990, the Services reviewed
the specific regulatory provisions that had been revised in the 2019
final rule. Following this review of the 2019 rule, the Services are
proposing to revise a portion of these regulations, including ``effects
of the action,'' but are also soliciting public comments on all aspects
of the 2019 rule before issuing a final rule. In addition to revising
provisions from the 2019 rule, the Services are proposing to clarify
the responsibilities of a Federal agency and the Services regarding the
requirement to reinitiate consultation.
The United States Patent and Trademark Office
The USPTO's mission is to foster innovation, competitiveness, and
economic growth, domestically and abroad, by delivering high quality
and timely examination of patent and trademark applications, guiding
domestic and international intellectual property policy, and delivering
intellectual property information and education worldwide.
Major Programs and Activities
The USPTO is responsible for granting U.S. patents and registering
trademarks. This system of secured property rights, which has its
foundation in Article I, Section 8, Clause 8, of the Constitution
(providing that Congress shall have the power to ``promote the Progress
of Science and useful Arts, by securing for limited Times to Authors
and Inventors the exclusive Right to their respective Writings and
Discoveries'') has enabled American industry to flourish. New products
have been invented, new uses for old ones discovered, and employment
opportunities created for millions of Americans. The continued demand
for patents and trademarks underscores the importance to the U.S.
economy of effective mechanisms to protect new ideas and investments in
innovation, as well as the ingenuity of American inventors and
entrepreneurs.
In addition to granting patents and trademarks, the USPTO advises
the President of the United States, the Secretary of Commerce, and U.S.
government agencies on intellectual property (IP) policy, protection,
and enforcement; and promotes strong and effective IP protection around
the world. The USPTO furthers effective IP protection for U.S.
innovators and entrepreneurs worldwide by working with other agencies
to secure strong IP provisions in free trade and other international
agreements. It also provides training, education, and capacity building
programs designed to foster respect for IP and encourage the
development of strong IP enforcement regimes by U.S. trading partners.
As part of its work, the USPTO administers regulations located at
title 37 of the Code of Federal Regulations concerning its patent and
trademark services and the other functions it performs.
The USPTO's Regulatory Plan Actions
1. Final Rule: Changes to Implement Provisions of the Trademark
Modernization Act of 2020 (0651-AD55): The USPTO amends the rules of
practice in trademark cases to implement provisions of the Trademark
Modernization Act of 2020. This rule establishes ex parte expungement
and reexamination proceedings for cancellation of a registration when
the required use in commerce of the registered mark has not been made;
provides for a new nonuse ground for cancellation before the Trademark
Trial and Appeal Board; establishes flexible USPTO action response
periods; and amends the existing letter-of-protest rule to indicate
that letter-of-protest determinations are final and non-reviewable. The
rule also sets fees for petitions requesting institution of ex parte
expungement and reexamination proceedings, and for requests to extend
USPTO action response deadlines.
The two new ex parte proceedings created by this rulemaking--one
for expungement and one for reexamination--are intended to help ensure
the accuracy of the trademark register by providing a new mechanism for
removing a registered mark from the trademark register or cancelling
the registration as to certain goods and/or services, when the
registrant has not used the mark in commerce. The proposed changes will
give U.S. businesses new tools to clear away unused registered
trademarks from the federal trademark register and will give the USPTO
the ability to move applications through the system more efficiently.
Bureau of Industry and Security
BIS advances U.S. national security, foreign policy, and economic
objectives by maintaining and strengthening adaptable, efficient, and
effective export control and treaty compliance systems as well as by
administering programs to prioritize certain contracts to promote the
national defense and to protect and enhance the defense industrial
base.
Major Programs and Activities
BIS administers four sets of regulations. The Export Administration
Regulations (EAR) regulate exports and reexports to protect national
security, foreign policy, and short supply interests. The EAR includes
the Commerce Control List (CCL), which describes commodities, software,
and technology that are subject to licensing requirements for specific
reasons for control. The EAR also regulates U.S. persons' participation
in certain boycotts administered by foreign governments. The National
Security Industrial Base Regulations provide for prioritization of
certain contracts and allocations of resources to promote the national
defense, require reporting of foreign government-imposed offsets in
defense sales, provide for surveys to assess the capabilities of the
industrial base to support the national defense, and address the effect
of imports on the defense industrial base. The Chemical Weapons
Convention Regulations implement declaration, reporting, and on-site
inspection requirements in the private sector necessary to meet United
States treaty obligations under the Chemical Weapons Convention treaty.
The Additional Protocol Regulations implement similar requirements for
certain civil nuclear and nuclear-related items with respect to an
agreement between the United States and the International Atomic Energy
Agency.
BIS also has an enforcement component with nine offices covering
the United States, as well as BIS export control officers stationed at
several U.S. embassies and consulates abroad. BIS works with other U.S.
Government agencies to promote coordinated U.S. Government efforts in
export controls and other programs. BIS participates in U.S. Government
efforts to strengthen
[[Page 5023]]
multilateral export control regimes and promote effective export
controls through cooperation with other governments.
In FY 2022, BIS plans to publish a number of proposed and final
rules amending the EAR. These rules will cover a range of issues,
including emerging and foundational technology, country specific
policies, CCL revisions based on decisions by the four multilateral
export control regimes (Australia Group, Missile Technology Control
Regime, Nuclear Suppliers Group, and Wassenaar Arrangement), and
implementation of any interagency agreed transfers from the United
States Munitions List to the CCL.
BIS's Regulatory Plan Actions
1. Authorization of Certain ``Items'' to Entities on the Entity
List in the Context of Specific Standards Activities (0694-AI06): BIS
is amending the EAR to clarify its applicability to releases of
technology for standards setting or development to support U.S.
participation in standards efforts.
2. Commerce Control List: Implementation of Controls on
``Software'' Designed for Certain Automated Nucleic Acid Assemblers and
Synthesizers (0694-AI08): BIS is publishing this final rule to amend
the CCL by adding a new Export Control Classification Number (ECCN)
2D352 to control software that is designed for automated nucleic acid
assemblers and synthesizers controlled under ECCN 2B352.j and capable
of designing and building functional genetic elements from digital
sequence data. These amendments to the CCL are based upon a finding,
consistent with the emerging and foundational technologies interagency
process set forth in section 1758 of the Export Control Reform Act of
2018 (ECRA) (50 U.S.C. 4817), that such software is capable of being
utilized in the production of pathogens and toxins and, consequently,
the absence of export controls on such software could be exploited for
biological weapons purposes.
3. Information Security Controls: Cybersecurity Items (0694-AH56):
In 2013, the Wassenaar Arrangement (WA), a multilateral export control
regime in which the United States participates, added cybersecurity
items to the WA List, including a definition for ``intrusion
software.'' In 2015, public comments on a BIS proposed implementation
rule revealed serious issues concerning scope and implementation
regarding these controls. Based on these comments, as well as
substantial commentary from Congress, the private sector, academia,
civil society, and others on the potential unintended consequences of
the 2013 controls, the U.S. government returned to the WA to
renegotiate the controls. This interim final rule outlines the progress
the United States has made in this area, revises implementation, and
requests from the public information about the impact of these revised
controls on U.S. industry and the cybersecurity community. These items
warrant controls because these tools could be used for surveillance,
espionage, or other actions that disrupt, deny or degrade the network
or devices on it.
4. Imposition of Export Controls on Certain Brain-Computer
Interface (BCI) Emerging Technology (0694-AI41): Section 1758 of ECRA,
as codified under 50 U.S.C. 4817, authorizes BIS to establish
appropriate controls on the export, reexport or transfer (in-country)
of emerging and foundational technologies. Pursuant to ECRA, BIS has
identified Brain Computer Interface technology as part of a
representative list of technology categories for which BIS will seek
public comment to determine whether this is an emerging technology that
is important to U.S. national security and for which effective controls
can be implemented. In this Advance Notice of Proposed Rulemaking, BIS
is seeking comments specifically concerning whether this technology
could provide the United States, or any of its adversaries, with a
qualitative military or intelligence advantage. In addition, BIS is
seeking public comments on how to ensure that the scope of any controls
that may be imposed on this technology in the future would be effective
and appropriate with respect to their potential impact on legitimate
commercial or scientific applications.
5. Foundational Technologies: Proposed Controls (0694-AH80): BIS is
considering expanding controls on certain foundational technologies.
Foundational technologies may be items that are currently subject to
control for military end use or military end user reasons.
Additionally, foundational technologies may be additional items, for
which an export license is generally not required (except for certain
countries), that also warrant review to determine if they are
foundational technologies essential to the national security. For
example, such controls may be reviewed if the items are being utilized
or are required for innovation in developing conventional weapons or
enabling foreign intelligence collection activities or weapons of mass
destruction applications. In an effort to address this concern, this
proposed rule would amend the CCL by adding controls on certain
aircraft reciprocating or rotary engines and powdered metals and
alloys. This rule requests public comments to ensure that the scope of
these proposed controls will be effective and appropriate, including
with respect to their potential impact on legitimate commercial or
scientific applications.
6. Removal of Certain General Approved Exclusions (GAEs) Under the
Section 232 Steel and Aluminum Tariff Exclusions Process (0694-AH55):
On December 14, 2020, BIS published an interim final rule (the December
14 rule) that revised aspects of the process for requesting exclusions
from the duties and quantitative limitations on imports of aluminum and
steel discussed in three previous Commerce interim final rules
implementing the exclusion process authorized by the President under
section 232 of the Trade Expansion Act of 1962, as amended (232), as
well as a May 26, 2020, notice of inquiry. The December 14 rule added
123 General Approved Exclusions (GAEs) to the regulations. The addition
of GAEs was an important step in improving the efficiency and
effectiveness of the 232 exclusions process for certain Harmonized
Tariff Schedule of the United States (HTSUS) codes for steel and
aluminum that had not received objections. Commerce determined it could
authorize imports under GAEs for these specified HTSUS codes for all
importers instead of requiring each importer to submit an exclusion
request. Subsequently, based on Commerce's review of the public
comments received in response to the December 14 rule and additional
analysis conducted by Commerce of 232 exclusion request submissions,
Commerce determined that a subset of the GAEs added in the December 14
rule did not meet the criteria for inclusion as a GAE and should
therefore be removed. Commerce is removing these GAEs in this interim
final rule to ensure that only those GAEs that meet the stated criteria
from the December 14 rule will continue to be included as eligible
GAEs. Lastly, this interim final rule makes two conforming changes to
the GAE list for a recent change to one HTSUS classification and adds a
footnote to both GAE supplements to address future changes to the
HTSUS.
[[Page 5024]]
DOC--BUREAU OF INDUSTRY AND SECURITY (BIS)
Prerule Stage
9. Request for Comments Concerning the Imposition of Export Controls on
Certain Brain-Computer Interface (BCI) Emerging Technology
Priority: Other Significant.
Legal Authority: 50 U.S.C. 4817(a)(2)(C)
CFR Citation: None.
Legal Deadline: None.
Abstract: Section 1758 of the Export Control Reform Act of 2018
(ECRA), as codified under 50 U.S.C. 4817, authorizes BIS to establish
appropriate controls on the export, reexport or transfer (in-country)
of emerging and foundational technologies. Pursuant to ECRA, BIS has
identified Brain Computer Interface (BCI) technology as part of a
representative list of technology categories concerning which BIS,
through an interagency process, seeks public comment to determine
whether this technology represents an emerging technology that is
important to U.S. national security and for which effective controls
can be implemented. Specifically, BIS is seeking comments concerning
whether this technology could provide the United States, or any of its
adversaries, with a qualitative military or intelligence advantage. In
addition, BIS is seeking public comments on how to ensure that the
scope of any controls that may be imposed on this technology in the
future would be effective and appropriate (with respect to their
potential impact on legitimate commercial or scientific applications).
Statement of Need: The Bureau of Industry and Security (BIS) is
publishing this ANPRM to obtain public comments on the potential uses
of Brain-Computer Interface (BCI) technology, which includes, inter
alia, neural-controlled interfaces, mind-machine interfaces, direct
neural interfaces, and brain-machine interfaces. On November 19, 2018,
BIS published an ANPRM (83 FR 58201) that identified BCI technology as
part of a representative list of technology categories concerning which
BIS, through an interagency process, sought public comments to
determine whether there are specific emerging technologies that are
essential to U.S. national security and for which effective controls
can be implemented.
Additional input from the public is needed to assist in the
interagency process of evaluating BCI technology as a potential
emerging technology and to determine if there are specific BCI
technologies for which export controls would be appropriate. The
public's responses to the questions posed in this ANPRM will be
considered during the aforementioned interagency process to evaluate
BCI technology as a potential emerging technology and to ensure that
the scope of any controls that may be imposed on this technology would
be effective (in terms of protecting U.S. national security interests)
and appropriate (with respect to minimizing their potential impact on
legitimate commercial or scientific applications).
Summary of Legal Basis: Section 1758(a) of the Export Control
Reform Act (ECRA) of 2018 (50 U.S.C. 4817(a)) outlines an interagency
process for identifying emerging and foundational technologies. BCI
technology has been identified as a technology for evaluation as a
potential emerging technology, consistent with the interagency process
described in section 1758 of ECRA. Consequently, BIS is publishing this
ANPRM to obtain feedback from the public and U.S. industry concerning
whether such technology could provide the United States, or any of its
adversaries, with a qualitative military or intelligence advantage.
Alternatives: The Secretary of Commerce must establish appropriate
controls on the export, reexport or transfer (in-country) of technology
identified pursuant to the section 1758 process. In so doing, the
Secretary must consider the potential end-uses and end-users of
emerging and foundational technologies, and the countries to which
exports from the United States are restricted (e.g., embargoed
countries). While the Secretary has discretion to set the level of
export controls, at a minimum a license must be required for the export
of such technologies to countries subject to a U.S. embargo, including
those countries subject to an arms embargo.
If the interagency process results in a determination that certain
BCI technology constitutes an emerging technology, for purposes of
section 1758 of ECRA, then BIS is required, pursuant to ECRA to
institute export controls on such technology. However, BIS does have
some flexibility to ensure that the scope of any controls that may be
imposed on this technology would be effective (in terms of protecting
U.S. national security interests) and appropriate (with respect to
minimizing their potential impact on legitimate commercial or
scientific applications).
Anticipated Cost and Benefits: This ANPRM is being published by BIS
to assist in evaluating, not only whether certain BCI technology is an
emerging technology, but also to obtain information from the public to
assist in evaluating how the implementation of export controls on such
technology would impact U.S. industry, in terms of both its economic
and technological competitiveness. In short, this ANPRM is intended to
assist, as part of the aforementioned interagency process, in
evaluating the anticipated costs and benefits of imposing export
controls on certain BCI technology.
Risks: The risks of imposing export controls on certain BCI
technology would be to hurt the economic and technological
competitiveness of U.S. industry, which is one of the primary reasons
that BIS is soliciting comments from the public in accordance with this
ANPRM. There are also risks to U.S. national security and to U.S.
industry should such technology fall into the hands of our adversaries.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 10/26/21 86 FR 59070
ANPRM Comment Period End............ 12/10/21 .......................
NPRM................................ 03/00/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Agency Contact: Willard Fisher, Export Administration Specialist,
Department of Commerce, Bureau of Industry and Security, 14th Street
and Pennsylvania Avenue NW, Washington, DC 20230, Phone: 202 482-2440,
Fax: 202 482-3355, Email: <a href="/cdn-cgi/l/email-protection#a8dfc1c4c4c9dacc86cec1dbc0cddae8cac1db86ccc7cb86cfc7de"><span class="__cf_email__" data-cfemail="1f687673737e6d7b3179766c777a6d5f7d766c317b707c31787069">[email protected]</span></a>.
RIN: 0694-AI41
DOC--BIS
Proposed Rule Stage
10. Foundational Technologies: Proposed Controls; Request for Comments
Priority: Other Significant.
Legal Authority: 50 U.S.C. 4801 to 4852
CFR Citation: 15 CFR 742; 15 CFR 774.
Legal Deadline: None.
Abstract: The Bureau of Industry and Security (BIS), the Department
of Commerce, maintains controls on the export, reexport, and transfer
(in-country) of dual-use and less sensitive military items through the
Export Administration Regulations (EAR), including the Commerce Control
List (CCL). Foundational technologies may be items that are currently
subject to control for military end use or military
[[Page 5025]]
end user reasons. Additionally, foundational technologies may be
additional items, for which an export license is not required (except
for certain countries) that also warrant review to determine if they
are foundational technologies essential to the national security. For
example, such controls may be reviewed if the items are being utilized
or required for innovation in developing conventional weapons or
enabling foreign intelligence collection activities or weapons of mass
destruction applications. In an effort to address this concern, this
rule proposes to amend the CCL with identified foundational
technologies. This rule requests public comments to ensure that the
scope of these proposed controls will be effective and appropriate,
including with respect to their potential impact on legitimate
commercial or scientific applications.
Statement of Need: As part of the National Defense Authorization
Act (NDAA) for Fiscal Year 2019 (Pub. L. 115-232), Congress enacted the
Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4817). Section 1758
of ECRA authorizes the Bureau of Industry and Security (BIS) to
establish appropriate controls on the export, reexport, or transfer
(in-country) of emerging and foundational technologies. With this
proposed rule, BIS continues to identify technologies that may warrant
more restrictive controls than they have at present and establishes a
control framework applicable to certain unilaterally-controlled
emerging and foundational technologies.
Summary of Legal Basis: There are a variety of legal authorities
under which BIS operates. However, ECRA (50 U.S.C. 4817) provides the
most substantive legal basis for BIS's actions under this proposed
rule.
Alternatives: There are not alternatives to this rule. This rule
serves as the first tranche of controls specifically outlining
foundational technologies.
Anticipated Cost and Benefits: The anticipated costs and benefits
of this proposed rule are not applicable.
Risks: There are no applicable risks to this proposed rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 08/27/20 85 FR 52934
ANPRM Correction and Comment 10/09/20 85 FR 64078
Extension.
ANPRM Comment Period End............ 10/26/20 .......................
ANPRM Correction and Comment 11/09/20 .......................
Extension Period End.
NPRM................................ 08/00/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
Agency Contact: Logan D. Norton, Department of Commerce, Bureau of
Industry and Security, 1401 Constitution Avenue, Washington, DC 20230,
Phone: 202 812-1762, Email: <a href="/cdn-cgi/l/email-protection#24484b43454a0a4a4b56504b4a64464d570a404b470a434b52"><span class="__cf_email__" data-cfemail="45292a22242b6b2b2a37312a2b05272c366b212a266b222a33">[email protected]</span></a>.
RIN: 0694-AH80
DOC--BIS
Final Rule Stage
11. Removal of Certain General Approved Exclusions (GAEs) Under the
Section 232 Steel and Aluminum Tariff Exclusions Process
Priority: Other Significant.
Legal Authority: 19 U.S.C. 1862
CFR Citation: 15 CFR 705.
Legal Deadline: None.
Abstract: On December 14, 2020, the Department of Commerce
published an interim final rule (December 14 rule) that revised aspects
of the process for requesting exclusions from the duties and
quantitative limitations on imports of aluminum and steel. The December
14 rule added 123 General Approved Exclusions (GAEs) to the
regulations. The addition of GAEs was an important step in improving
the efficiency and effectiveness of the 232 exclusions process for
certain Harmonized Tariff Schedule of the United States (HTSUS) codes
for steel and aluminum that had not received objections. Subsequently,
based on Commerce's review of the public comments received in response
to the December 14 rule and additional analysis conducted by Commerce
of 232 submissions, Commerce determined that a subset of the GAEs added
in the December 14 rule did not meet the criteria for inclusion as a
GAE and should therefore be removed. Commerce is removing these GAEs in
today's interim final rule to ensure that only those GAEs that meet the
stated criteria from the December 14 rule will continue to be included
as eligible GAEs.
Statement of Need: On December 14, 2020, the Department of Commerce
published an interim final rule (the December 14 rule) that revised
aspects of the process for requesting exclusions from the duties and
quantitative limitations on imports of aluminum and steel discussed in
three previous Department of Commerce (Commerce) interim final rules
implementing the exclusion process authorized by the President under
section 232 of the Trade Expansion Act of 1962, as amended (232), as
well as a May 26, 2020 notice of inquiry. The December 14 rule included
adding 123 General Approved Exclusions (GAEs) to the regulations. The
addition of GAEs was an important step in improving the efficiency and
effectiveness of the 232 exclusions process. Commerce selected certain
steel and aluminum articles under select Harmonized Tariff Schedule of
the United States (HTSUS) codes as GAEs on the basis that exclusion
requests submitted for the specified HTSUS codes had not received
objections from domestic industry in the 232 exclusions process.
Commerce is publishing this interim final rule to remove a subset
of General Approved Exclusions (GAEs) added in the December 14 rule
after public comments on the December 14 rule and subsequent Commerce
analysis of data in the 232 Exclusions Portal identified these HTSUS
codes as not meeting the criteria for inclusion as a GAE. These cases
include HTSUS codes with exclusion requests that recently received
objections and/or denials in the 232 Exclusions Portal. Commerce is
removing these GAEs in this interim final rule to ensure that only
those GAEs that meet the stated criteria from the December 14 rule will
continue to be included as eligible GAEs.
Summary of Legal Basis: The legal basis of this rule is section 232
of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862) and
Reorg. Plan No. 3 of 1979 (44 FR 69273, December 3, 1979). This rule is
also implementing the directive included in Proclamations 9704 and 9705
of March 8, 2018. As explained in the reports submitted by the
Secretary to the President, steel and aluminum are being imported into
the United States in such quantities or under such circumstances as to
threaten to impair the national security of the United States, and
therefore the President is implementing these remedial actions (as
described Proclamations 9704 and 9705 of March 8, 2018) to protect U.S.
national security interests. That implementation includes the creation
of an effective process by which affected domestic parties can obtain
exclusion requests based upon specific national security
[[Page 5026]]
considerations. Commerce started this process with the publication of
the March 19 rule and refined the process with the publication of the
September 11, June 10, and December 14 rules and is continuing the
process with the publication of today's interim final rule. The
revisions to the exclusion request process are informed by the comments
received in response to the December 14 rule and Commerce's experience
with managing the 232 exclusions process.
Alternatives: Alternatives to doing this rule would include not
publishing the rule. The public has the ability to apply for exclusion
requests, so instead of creating GAEs, the public could be told to rely
on the existing exclusions process. However, numerous commenters on the
232 interim final rules that have been published have emphasized the
need for making improvements in the efficiency, transparency, and
fairness of the 232 exclusion process and had suggested the creation of
a GAE type of approval as part of the 232 exclusions process would
benefit the program. Commenters on the December 14 rule identified
certain GAE eligible items that they believed did not meet the stated
criteria for what should be eligible for be authorized under a GAE.
Commerce after reviewing those comments and conducting its own
additional analysis agrees that certain items identified under the
current GAEs no longer reflect the GAE criteria and therefore should be
removed, so the alternative of not doing a rule or the option of
removing the GAE approvals completely are not viable options for
achieving the intended policy objectives that Commerce is trying to
fulfill with having a more effective exclusion process.
Anticipated Cost and Benefits: For the anticipated costs, this rule
is expected to increase the burden hours for one of the collections
associated with this rule, OMB control number 0694-0139. This increase
is expected because of the removal of certain GAEs for steel and GAEs
for aluminum, which is expected to result in an increase of 1,100
exclusion request submissions per year. These removals are estimated to
result in a twenty percent reduction in the burden and costs savings
described in the December 14 rule. These GAE removals are expected to
be an increase in 1,100 burden hours for a total cost increase of
162,800 dollars to the public. There is also expected to be an increase
in 6,600 burden hours for a total cost increase of 257,000 dollars to
the U.S. Government. As Commerce asserted in the December 14 rule that
the steel and aluminum articles identified as being eligible for GAEs,
including those being removed in today's rule, had not received any
objections, the addition of those new GAEs was not estimated to result
in a decrease in the number of objections, rebuttals, or surrebuttals
received by BIS. As described elsewhere in this rule, the GAEs removed
in today's interim final rule did receive objections and/or denials and
therefore warrant removal at this time. Because the December 14 rule
did not make any adjustments to the collections for objections,
rebuttals, or surrebuttals, the removal of these GAEs is estimated to
result in no change in the burden associated with the other three
collections.
For the anticipated benefits, these changes will ensure the
effectiveness of the GAEs under the 232 exclusions process. By ensuring
that only those GAEs that meet the stated criteria for what should be
considered a GAE, will help improve the effectiveness, fairness and
transparency of the 232 exclusions process. Importers and other users
of steel and aluminum in the U.S. and U.S. producers and steel and
aluminum have comments in response to the various section 232 interim
final rules published that creating an effective 232 exclusion process
is key to reduce burdens on the public. The adoption of the GAEs was an
important step in improving efficiency, but in order ensure U.S.
national security interests are protected, only items that meet the GAE
criteria should be eligible and any other item should be required to be
included in the normal 232 exclusion process.
Risks: If this interim final rule were to be delayed, companies in
the United States would be unable to immediately benefit from the
improvements made to the GAE process and could face significant
economic hardship, which could potentially create a detrimental effect
on the general U.S. economy and national security. Comments received on
the December 14 rule that were critical of the GAEs were clear that the
removal of GAEs that consisted of HTSUS codes that received objections
and/or denials under the 232 process was needed. Commenters noted that
failure to provide this additional improvement could allow the
floodgates to open for imports of those articles, and that the influx
of such articles could undermine the efficiency of the 232 process.
Commenters also noted that if this specific improvement is not made,
significant economic consequences could occur. Given the imports of
these articles have already been objected to and/or denied in exclusion
requests under the 232 process for national security reasons, allowing
these specific GAEs to exist could undermine other critical U.S.
national security interests.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 03/19/18 83 FR 12106
Interim Final Rule Effective........ 03/19/18 .......................
Interim Final Rule Comment Period 05/18/18 .......................
End.
Interim Final Rule.................. 09/11/18 83 FR 46026
Interim Final Rule Effective........ 09/11/18 .......................
Interim Final Rule Comment Period 11/13/18 .......................
End.
Interim Final Rule.................. 06/10/19 84 FR 26751
Interim Final Rule Effective........ 06/13/19 .......................
Interim Final Rule Comment Period 08/09/19 .......................
End.
Interim Final Rule.................. 12/14/20 85 FR 81060
Interim Final Rule Effective........ 12/14/20 .......................
Interim Final Rule Effective........ 12/29/20 ..................
[…truncated; see source link]Indexed from Federal Register on January 31, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.