Proposed Rule2023-02113
Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2022
Primary source
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Published
February 22, 2023
Issuing agencies
Regulatory Information Service Center
Abstract
Publication of the Fall 2022 Unified Agenda of Federal Regulatory and Deregulatory Actions represents a key component of the regulatory planning mechanism prescribed in Executive Order ("E.O.") 12866, "Regulatory Planning and Review," (58 FR 51735) and reaffirmed in E.O. 13563, "Improving Regulation and Regulatory Review," (76 FR 3821). The Regulatory Flexibility Act requires that agencies publish semiannual regulatory agendas in the Federal Register describing regulatory actions they are developing that may have a significant economic impact on a substantial number of small entities (5 U.S.C. 602). The Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), published in the fall and spring, helps agencies fulfill all of these requirements. All federal regulatory agencies have chosen to publish their regulatory agendas as part of this publication. The complete Unified Agenda and Regulatory Plan can be found online at www.reginfo.gov and a reduced print version can be found in the Federal Register. Information regarding obtaining printed copies can also be found on the Reginfo.gov website (or below, VI. How Can Users Get Copies of the Plan and the Agenda?). The Fall 2022 Unified Agenda publication appearing in the Federal Register includes the Regulatory Plan and agency regulatory flexibility agendas, in accordance with the publication requirements of the Regulatory Flexibility Act. Agency regulatory flexibility agendas contain only those Agenda entries for rules that are likely to have a significant economic impact on a substantial number of small entities and entries that have been selected for periodic review under section 610 of the Regulatory Flexibility Act. The complete Fall 2022 Unified Agenda contains the Regulatory Plans of 29 Federal agencies and 67 Federal agency regulatory agendas.
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[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Proposed Rules]
[Pages 10966-11191]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02113]
[[Page 10965]]
Vol. 88
Wednesday,
No. 35
February 22, 2023
Part II
Regulatory Information Service Center
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Introduction to the Unified Agenda of Federal Regulatory and
Deregulatory Actions--Fall 2022
Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 /
UA: Reg Flex Agenda
[[Page 10966]]
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REGULATORY INFORMATION SERVICE CENTER
Introduction to the Unified Agenda of Federal Regulatory and
Deregulatory Actions--Fall 2022
AGENCY: Regulatory Information Service Center.
ACTION: Introduction to the Regulatory Plan and the Unified Agenda of
Federal Regulatory and Deregulatory Actions.
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SUMMARY: Publication of the Fall 2022 Unified Agenda of Federal
Regulatory and Deregulatory Actions represents a key component of the
regulatory planning mechanism prescribed in Executive Order (``E.O.'')
12866, ``Regulatory Planning and Review,'' (58 FR 51735) and reaffirmed
in E.O. 13563, ``Improving Regulation and Regulatory Review,'' (76 FR
3821). The Regulatory Flexibility Act requires that agencies publish
semiannual regulatory agendas in the Federal Register describing
regulatory actions they are developing that may have a significant
economic impact on a substantial number of small entities (5 U.S.C.
602).
The Unified Agenda of Regulatory and Deregulatory Actions (Unified
Agenda), published in the fall and spring, helps agencies fulfill all
of these requirements. All federal regulatory agencies have chosen to
publish their regulatory agendas as part of this publication. The
complete Unified Agenda and Regulatory Plan can be found online at
<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 2022 Unified Agenda publication appearing in the Federal
Register includes the Regulatory Plan and agency regulatory flexibility
agendas, in accordance with the publication requirements of the
Regulatory Flexibility Act. Agency regulatory flexibility agendas
contain only those Agenda entries for rules that are likely to have a
significant economic impact on a substantial number of small entities
and entries that have been selected for periodic review under section
610 of the Regulatory Flexibility Act.
The complete Fall 2022 Unified Agenda contains the Regulatory Plans
of 29 Federal agencies and 67 Federal agency regulatory agendas.
ADDRESSES: Regulatory Information Service Center (MV), General Services
Administration, 1800 F Street NW, Washington, DC 20405.
FOR FURTHER INFORMATION CONTACT: For further information about specific
regulatory actions, please refer to the agency contact listed for each
entry. To provide comment on or to obtain further information about
this publication, contact: Boris Arratia, Director, Regulatory
Information Service Center (MV), General Services Administration, 1800
F Street NW, Washington, DC 20405, 703-795-0816. You may also send
comments to us by email at: <a href="/cdn-cgi/l/email-protection#43110a1000032430226d242c35"><span class="__cf_email__" data-cfemail="43110a1000032430226d242c35">[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 2022 Regulatory Plan
Agency Regulatory Plans
Cabinet Departments
Department of Agriculture
Department of Commerce
Department of Defense
Department of Education
Department of Energy
Department of Health and Human Services
Department of Homeland Security
Department of Housing and Urban Development
Department of the Interior
Department of Justice
Department of Labor
Department of Transportation
Department of the Treasury
Department of Veterans Affairs
Other Executive Agencies
Corporation for National and Community Service
Environmental Protection Agency
General Services Administration
National Aeronautics and Space Administration
National Archives and Records Administration
National Science Foundation
Office of Personnel Management
Pension Benefit Guaranty Corporation
Small Business Administration
Social Security Administration
Department of Defense/General Services Administration/National
Aeronautics and Space Administration (Federal Acquisition Regulation)
Independent Regulatory Agencies
Consumer Product Safety Commission
Federal Trade Commission
National Indian Gaming Commission
Nuclear Regulatory Commission
Regulatory Flexibility Agendas
Cabinet Departments
Department of Agriculture
Department of Commerce
Department of Defense
Department of Education
Department of Energy
Department of Health and Human Services
Department of Homeland Security
Department of the Interior
Department of Justice
Department of Labor
Department of Transportation
Department of the Treasury
Other Executive Agencies
Environmental Protection Agency
General Services Administration
Office of Personnel Management
Small Business Administration
Joint Authority
Department of Defense/General Services Administration/National
Aeronautics and Space Administration (Federal Acquisition Regulation)
Independent Regulatory Agencies
Consumer Financial Protection Bureau
Consumer Product Safety Commission
Federal Communications Commission
Federal Reserve System
National Labor Relations Board
Nuclear Regulatory Commission
Securities and Exchange Commission
Surface Transportation Board
Introduction to the Regulatory Plan and the Unified Agenda of Federal
Regulatory and Deregulatory Actions
I. What are the Regulatory Plan and the Unified Agenda?
The Regulatory Plan serves as a defining statement of the
Administration's regulatory and deregulatory policies and priorities.
The Plan is part of the fall edition of the Unified Agenda. Each
participating agency's regulatory plan contains: (1) A narrative
statement of the agency's regulatory and deregulatory priorities, and,
for the most part; and (2) a description of the most important
significant regulatory and deregulatory actions that the agency
reasonably
[[Page 10967]]
expects to issue in proposed or final form during the upcoming fiscal
year. This edition includes the regulatory plans of 29 agencies.
The Unified Agenda provides information about regulations that the
Government is considering or reviewing. The Unified Agenda has appeared
in the Federal Register twice each year since 1983 and has been
available online since 1995. The complete Unified Agenda is available
to the public at <a href="http://www.reginfo.gov">www.reginfo.gov</a>. The online Unified Agenda offers
flexible search tools and access to the historic Unified Agenda
database to1995. The complete online edition of the Unified Agenda
includes regulatory agendas from 65 Federal agencies. Agencies of the
United States Congress are not included.
The Fall 2022 Unified Agenda publication appearing in the Federal
Register consists of the Regulatory Plan and agency regulatory
flexibility agendas, in accordance with the publication requirements of
the Regulatory Flexibility Act. Agency regulatory flexibility agendas
contain only those Agenda entries for rules that are likely to have a
significant economic impact on a substantial number of small entities
and entries that have been selected for periodic review under section
610 of the Regulatory Flexibility Act. Printed entries display only the
fields required by the Regulatory Flexibility Act. Complete agenda
information for those entries appears, in a uniform format, in the
online Unified Agenda at <a href="http://reginfo.gov">http://reginfo.gov</a>.
The regulatory agendas for agencies not publishing Regulatory
flexibility agendas are available to the public at <a href="http://reginfo.gov">http://reginfo.gov</a>.
Cabinet Departments
Department of Housing and Urban Development*
Department of State
Department of Veterans Affairs*
Other Executive Agencies
Agency for International Development
Architectural and Transportation Barriers Compliance Board
Committee for Purchase From People Who Are Blind or Severely Disabled
Commission on Civil Rights
Corporation for National and Community Service*
Council on Environmental Quality
Court Services and Offender Supervision Agency for the District of
Columbia
Federal Mediation Conciliation Service
Institute of Museum and Library Services
Inter-American Foundation
National Aeronautics and Space Administration*
National Archives and Records Administration*
National Endowment for the Arts
National Endowment for the Humanities
National Mediation Board
National Science Foundation*
Office of Government Ethics
Office of the Intellectual Property Enforcement Coordinator
Office of Management and Budget
Office of National Drug Control Policy
Peace Corps
Pension Benefit Guaranty Corporation*
Railroad Retirement Board*
Social Security Administration*
U.S. Agency for Global Media
U.S. Commission on Civil Rights
Independent Agencies
Commodity Futures Trading Commission
Farm Credit Administration
Federal Deposit Insurance Corporation
Federal Energy Regulatory Commission
Federal Housing Finance Agency
Federal Maritime Commission
Federal Mine Safety and Health Review Commission
Federal Permitting Improvement Steering Council
Federal Trade Commission*
National Credit Union Administration
National Indian Gaming Commission*
National Transportation Safety Board
Postal Regulatory Commission
The Regulatory Information Service Center compiles the Unified
Agenda for the Office of Information and Regulatory Affairs (OIRA),
part of the Office of Management and Budget. OIRA is responsible for
overseeing the Federal Government's regulatory, paperwork, and
information resource management activities, including implementation of
Executive Order 12866 (incorporated in Executive Order 13563). The
Center also provides information about Federal regulatory activity to
the President and his Executive Office, the Congress, agency officials,
and the public.
The activities included in the Agenda are, in general, those that
will have a regulatory action within the next 12 months. Agencies may
choose to include activities that will have a longer timeframe than 12
months. Agency agendas also show actions or reviews completed or
withdrawn since the last Unified Agenda. Executive Order 12866 does not
require agencies to include regulations concerning military or foreign
affairs functions or regulations related to agency organization,
management, or personnel matters.
Agencies prepared entries for this publication to give the public
notice of their plans to review, propose, and issue regulations. They
have tried to predict their activities over the next 12 months as
accurately as possible, but dates and schedules are subject to change.
Agencies may withdraw some of the regulations now under development,
and they may issue or propose other regulations not included in their
agendas. Agency actions in the rulemaking process may occur before or
after the dates they have listed. The Regulatory Plan and Unified
Agenda do not create a legal obligation on agencies to adhere to
schedules in this publication or to confine their regulatory activities
to those regulations that appear within it.
II. Why are the Regulatory Plan and the Unified Agenda published?
The Regulatory Plan and the Unified Agenda helps agencies comply
with their obligations under the Regulatory Flexibility Act and various
Executive orders and other statutes.
Regulatory Flexibility Act
The Regulatory Flexibility Act requires agencies to identify those
rules that may have a significant economic impact on a substantial
number of small entities (5 U.S.C. 602). Agencies meet that requirement
by including the information in their submissions for the Unified
Agenda. Agencies may also indicate those regulations that they are
reviewing as part of their periodic review of existing rules under the
Regulatory Flexibility Act (5 U.S.C. 610). Executive Order 13272,
``Proper Consideration of Small Entities in Agency Rulemaking,'' signed
August 13, 2002 (67 FR 53461), provides additional guidance on
compliance with the Act.
Executive Order 12866
Executive Order 12866, ``Regulatory Planning and Review,''
September 30, 1993 (58 FR 51735), requires covered agencies to prepare
an agenda of all regulations under development or review. The Order
also requires that certain agencies prepare annually a regulatory plan
of their ``most important significant regulatory actions,'' which
appears as part of the fall Unified Agenda. Executive Order 13497,
signed January 30, 2009 (74 FR 6113), revoked the amendments to
Executive Order 12866 that were contained in Executive Order 13258 and
Executive Order 13422.
Executive Order 13563
Executive Order 13563, ``Improving Regulation and Regulatory
Review,'' January 18, 2011 (76 FR 3821) supplements and reaffirms the
principles, structures, and definitions
[[Page 10968]]
governing contemporary regulatory review that were established in
Executive Order 12866, which includes the general principles of
regulation and public participation, and orders integration and
innovation in coordination across agencies; flexible approaches where
relevant, feasible, and consistent with regulatory approaches;
scientific integrity in any scientific or technological information and
processes used to support the agencies' regulatory actions; and
retrospective analysis of existing regulations.
Executive Order 13132
Executive Order 13132, ``Federalism,'' August 4, 1999 (64 FR
43255), directs agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have ``federalism
implications'' as defined in the Order. Under the Order, an agency that
is proposing a regulation with federalism implications, which either
preempt State law or impose non-statutory unfunded substantial direct
compliance costs on State and local governments, must consult with
State and local officials early in the process of developing the
regulation. In addition, the agency must provide to the Director of the
Office of Management and Budget a federalism summary impact statement
for such a regulation, which consists of a description of the extent of
the agency's prior consultation with State and local officials, a
summary of their concerns and the agency's position supporting the need
to issue the regulation, and a statement of the extent to which those
concerns have been met. As part of this effort, agencies include in
their submissions for the Unified Agenda information on whether their
regulatory actions may have an effect on the various levels of
government and whether those actions have federalism implications.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, title II)
requires agencies to prepare written assessments of the costs and
benefits of significant regulatory actions ``that may result in the
expenditure by State, local, and tribal governments, in the aggregate,
or by the private sector, of $100,000,000 or more in any 1 year.'' The
requirement does not apply to independent regulatory agencies, nor does
it apply to certain subject areas excluded by section 4 of the Act.
Affected agencies identify in the Unified Agenda those regulatory
actions they believe are subject to title II of the Act.
Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' May 18,
2001 (66 FR 28355), directs agencies to provide, to the extent
possible, information regarding the adverse effects that agency actions
may have on the supply, distribution, and use of energy. Under the
Order, the agency must prepare and submit a Statement of Energy Effects
to the Administrator of the Office of Information and Regulatory
Affairs, Office of Management and Budget, for ``those matters
identified as significant energy actions.'' As part of this effort,
agencies may optionally include in their submissions for the Unified
Agenda information on whether they have prepared or plan to prepare a
Statement of Energy Effects for their regulatory actions.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (Pub. L.
104-121, title II) established a procedure for congressional review of
rules (5 U.S.C. 801 et seq.), which defers, unless exempted, the
effective date of a ``major'' rule for at least 60 days from the
publication of the final rule in the Federal Register. The Act
specifies that a rule is ``major'' if it has resulted, or is likely to
result, in an annual effect on the economy of $100 million or more or
meets other criteria specified in that Act. The Act provides that the
Administrator of OIRA will make the final determination as to whether a
rule is major.
III. How are the Regulatory Plan and the Unified Agenda organized?
The Regulatory Plan appears in part II in a daily edition of the
Federal Register. The Plan is a single document beginning with an
introduction, followed by a table of contents, followed by each
agency's section of the Plan. Following the Plan in the Federal
Register, as separate parts, are the regulatory flexibility agendas for
each agency whose agenda includes entries for rules which are likely to
have a significant economic impact on a substantial number of small
entities or rules that have been selected for periodic review under
section 610 of the Regulatory Flexibility Act. Each printed agenda
appears as a separate part. The sections of the Plan and the parts of
the Unified Agenda are organized alphabetically in four groups: Cabinet
departments; other executive agencies; the Federal Acquisition
Regulation, a joint authority (Agenda only); and independent regulatory
agencies. Agencies may in turn be divided into subagencies. Each
printed agency agenda has a table of contents listing the agency's
printed entries that follow. Each agency's part of the Agenda contains
a preamble providing information specific to that agency. Each printed
agency agenda has a table of contents listing the agency's printed
entries that follow.
Each agency's section of the Plan contains a narrative statement of
regulatory priorities and, for most agencies, a description of the
agency's most important significant regulatory and deregulatory
actions. Each agency's part of the Agenda contains a preamble providing
information specific to that agency plus descriptions of the agency's
regulatory and deregulatory actions.
The online, complete Unified Agenda contains the preambles of all
participating agencies. Unlike the printed edition, the online Agenda
has no fixed ordering. In the online Agenda, users can select the
particular agencies' agendas they want to see. Users have broad
flexibility to specify the characteristics of the entries of interest
to them by choosing the desired responses to individual data fields. To
see a listing of all of an agency's entries, a user can select the
agency without specifying any particular characteristics of entries.
Each entry in the Agenda is associated with one of five rulemaking
stages. The rulemaking stages are:
1. Prerule Stage--actions agencies will undertake to determine
whether or how to initiate rulemaking. Such actions occur prior to a
Notice of Proposed Rulemaking (NPRM) and may include Advance Notices of
Proposed Rulemaking (ANPRMs) and reviews of existing regulations.
2. Proposed Rule Stage--actions for which agencies plan to publish
a Notice of Proposed Rulemaking as the next step in their rulemaking
process or for which the closing date of the NPRM Comment Period is the
next step.
3. Final Rule Stage--actions for which agencies plan to publish a
final rule or an interim final rule or to take other final action as
the next step.
4. Long-Term Actions--items under development but for which the
agency does not expect to have a regulatory action within the 12 months
after publication of this edition of the Unified Agenda. Some of the
entries in this section may contain abbreviated information.
5. Completed Actions--actions or reviews the agency has completed
or withdrawn since publishing its last
[[Page 10969]]
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 10970]]
Regulatory Flexibility Analysis Required--whether an analysis is
required by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
because the rulemaking action is likely to have a significant economic
impact on a substantial number of small entities as defined by the Act.
Small Entities Affected--the types of small entities (businesses,
governmental jurisdictions, or organizations) on which the rulemaking
action is likely to have an impact as defined by the Regulatory
Flexibility Act. Some agencies have chosen to indicate likely effects
on small entities even though they believe that a Regulatory
Flexibility Analysis will not be required.
Government Levels Affected--whether the action is expected to
affect levels of government and, if so, whether the governments are
State, local, tribal, or Federal.
International Impacts--whether the regulation is expected to have
international trade and investment effects, or otherwise may be of
interest to the Nation's international trading partners.
Federalism--whether the action has ``federalism implications'' as
defined in Executive Order 13132. This term refers to actions ``that
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.''
Independent regulatory agencies are not required to supply this
information.
Included in the Regulatory Plan--whether the rulemaking was
included in the agency's current regulatory plan.
Agency Contact--the name and phone number of at least one person in
the agency who is knowledgeable about the rulemaking action. The agency
may also provide the title, address, fax number, email address, and TDD
for each agency contact.
Some agencies have provided the following optional information:
RIN Information URL--the internet address of a site that provides
more information about the entry.
Public Comment URL--the internet address of a site that will accept
public comments on the entry.
Alternatively, timely public comments may be submitted at the
Governmentwide e-rulemaking site, <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 each regulatory action listed in
the Regulatory Plan and the Unified Agenda, as directed by Executive
Order
[[Page 10971]]
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 20, 2022.
Boris Arratia,
Director.
Introduction to the Fall 2022 Regulatory Plan
Executive Order 12866, issued in 1993, requires the annual
production of a Unified Regulatory Agenda and Regulatory Plan. It does
so in order to promote transparency--or in the words of the Executive
Order itself, ``to have an effective regulatory program, to provide for
coordination of regulations, to maximize consultation and the
resolution of potential conflicts at an early stage, to involve the
public and its State, local, and tribal officials in regulatory
planning, and to ensure that new or revised regulations promote the
President's priorities and the principles set forth in this Executive
order.'' The requirements of Executive Order 12866 were reaffirmed in
Executive Order 13563, issued in 2011.
We are now providing the Fall 2022 Regulatory Plan. The regulatory
plans and agendas submitted by agencies and included here offer a
window into how the Administration plans to continue delivering on the
President's agenda to advance economic prosperity and equity, tackle
the climate crisis, advance public health, and much more to improve the
lives of the American people. Agencies will also be continuing their
work to implement landmark new legislation passed in 2022, including
the implementation of the PACT Act, (Pub. L. 117-168); the Inflation
Reduction Act, (Pub. L. 117-169); and the CHIPS and Science Act, (Pub.
L. 117-167); as well as ongoing efforts to implement the Infrastructure
Investment and Jobs Act (Bipartisan Infrastructure Law), Pub. L. 117-
58.
Department of Agriculture
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
1............................. Unfair Practices, Undue 0581-AE04 Proposed Rule.
Preferences, and Harm to
Competition Under the
Packers and Stockyards
Act (AMS-FTPP-21-0046).
2............................. Inclusive Competition and 0581-AE05 Proposed Rule.
Market Integrity Under
the Packers and
Stockyards Act (AMS-FTPP-
21-0045).
3............................. Poultry Growing 0581-AE18 Proposed Rule.
Tournament Systems:
Fairness and Related
Concerns--Harm to
Competition (AMS-FTPP-22-
0046).
4............................. Transparency in Poultry 0581-AE03 Final Rule.
Grower Contracting and
Tournaments (AMS-FTPP-21-
0044).
5............................. Organic Livestock and 0581-AE06 Final Rule.
Poultry Standards (AMS-
NOP-21-0073).
6............................. Special Supplemental 0584-AE82 Proposed Rule.
Nutrition Program for
Women, Infants and
Children (WIC):
Revisions in the WIC
Food Packages.
7............................. Child Nutrition Programs: 0584-AE88 Proposed Rule.
Revisions to Meal
Patterns Consistent With
the 2020 Dietary
Guidelines for Americans.
8............................. Community Eligibility 0584-AE93 Proposed Rule.
Provision: Increasing
Options for Schools.
9............................. Special Supplemental 0584-AE94 Final Rule.
Nutrition Program for
Women, Infants, and
Children (WIC):
Implementation of the
Access to Baby Formula
Act of 2022 and Related
Provisions.
10............................ Voluntary Labeling of 0583-AD87 Proposed Rule.
Products With ``Product
of USA'' and Similar
Statements.
11............................ Labeling of Meat and 0583-AD89 Proposed Rule.
Poultry Products Made
Using Animal Cell
Culture Technology.
12............................ Revision of the Nutrition 0583-AD56 Final Rule.
Facts Panels for Meat
and Poultry Products and
Updating Certain
Reference Amounts
Customarily Consumed.
13............................ Prior Label Approval 0583-AD78 Final Rule.
System: Expansion of
Generic Label Approval.
----------------------------------------------------------------------------------------------------------------
Department of Commerce
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
14............................ Section 1758 0694-AH80 Proposed Rule.
Technologies: Proposed
Controls; Request for
Comments.
[[Page 10972]]
15............................ The Imposition of 0694-AI84 Proposed Rule.
Emerging Technology
Export Controls on
Instruments for the
Automated Chemical
Synthesis of Peptides.
16............................ Updates to Bayh-Dole 0693-AB66 Final Rule.
Implementing Regulations.
17............................ Illegal, Unreported, and 0648-BG11 Final Rule.
Unregulated Fishing;
Fisheries Enforcement;
High Seas Driftnet
Fishing Moratorium
Protection Act (Reg Plan
Seq No. 17).
18............................ Amendments to the North 0648-BI88 Final Rule.
Atlantic Right Whale
Vessel Strike Reduction
Rule.
19............................ Setting and Adjusting 0651-AD65 Proposed Rule.
Trademark Fees.
----------------------------------------------------------------------------------------------------------------
Department of Defense
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
20............................ Department of Defense 0790-AK86 Proposed Rule.
(DoD)-Defense Industrial
Base (DIB) Cybersecurity
(CS) Activities.
21............................ Cybersecurity Maturity 0790-AL49 Proposed Rule.
Model Certification
(CMMC) Program.
22............................ Nondiscrimination on the 0790-AJ04 Final Rule.
Basis of Disability in
Programs or Activities
Assisted or Conducted by
the DoD and in Equal
Access to Information
and Communication
Technology Used by DoD.
23............................ Definitions of Gold Star 0790-AL56 Final Rule.
Family and Gold Star
Survivor.
24............................ Assessing Contractor 0750-AK81 Proposed Rule.
Implementation of
Cybersecurity
Requirements (DFARS Case
2019-D041).
25............................ Small Business Innovation 0750-AK84 Proposed Rule.
Research Program Data
Rights (DFARS Case 2019-
D043).
26............................ Defense Commercial 0750-AL57 Proposed Rule.
Solutions Opening (DFARS
Case 2022-D006).
27............................ Modification of Prize 0750-AL65 Proposed Rule.
Authority For Advanced
Technology Achievements
(DFARS Case 2022-D014).
28............................ DFARS Buy American Act 0750-AL74 Proposed Rule.
Requirements (DFARS Case
2022-D019).
29............................ Past Performance of 0750-AK16 Final Rule.
Subcontractors and Joint
Venture Partners (DFARS
Case 2018-D055).
30............................ Restriction on 0750-AL60 Final Rule.
Acquisition of Personal
Protective Equipment and
Certain Items From Non-
Allied Foreign Nations
(DFARS Case 2022-D009).
31............................ Natural Disaster 0710-AA78 Proposed Rule.
Procedures:
Preparedness, Response,
and Recovery Activities
of the Corps of
Engineers.
32............................ Policy and Procedures for 0710-AB22 Proposed Rule.
Processing Requests to
Alter U.S. Army Corps of
Engineers Civil Works
Projects Pursuant to 33
U.S.C. 408.
33............................ Flood Control Cost- 0710-AB34 Proposed Rule.
Sharing Requirements
Under the Ability to Pay
Provision.
34............................ USACE Implementing 0710-AB41 Proposed Rule.
Procedures for
Principles,
Requirements, and
Guidelines Applicable to
Actions Involving
Investment in Water
Resources.
35............................ Appendix C Procedures for 0710-AB46 Proposed Rule.
the Protection of
Historic Properties.
36............................ Revised Definition of 0710-AB47 Proposed Rule.
``Waters of the United
States''--Rule 2.
37............................ Credit Assistance for 0710-AB31 Final Rule.
Water Resources
Infrastructure Projects.
38............................ Revised Definition of 0710-AB40 Final Rule.
``Waters of the United
States''--Rule 1.
39............................ TRICARE Reimbursement of 0720-AB73 Final Rule.
Ambulatory Surgery
Centers and Outpatient
Services Provided in
Cancer and Children's
Hospitals.
40............................ TRICARE Coverage of 0720-AB83 Final Rule.
National Institute of
Allergy and Infectious
Disease Coronavirus
Disease 2019 Clinical
Trials.
41............................ Expanding TRICARE Access 0720-AB85 Final Rule.
to Care in Response to
the COVID-19 Pandemic.
42............................ Collection From Third 0720-AB87 Final Rule.
Party Payers of
Reasonable Charges for
Healthcare Services;
Amendment.
----------------------------------------------------------------------------------------------------------------
Department of Education
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
43............................ Nondiscrimination on the 1870-AA19 Proposed Rule.
Basis of Sex in
Athletics Education
Programs or Activities
Receiving Federal
Financial Assistance.
44............................ Nondiscrimination on the 1870-AA16 Final Rule.
Basis of Sex in
Education Programs or
Activities Receiving
Federal Financial
Assistance.
45............................ Gainful Employment....... 1840-AD57 Proposed Rule.
46............................ Improving Income Driven 1840-AD81 Proposed Rule.
Repayment.
----------------------------------------------------------------------------------------------------------------
Department of Energy
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
47............................ Clean Energy Rule for New 1904-AB96 Proposed Rule.
Federal Buildings and
Major Renovations.
[[Page 10973]]
48............................ Energy Conservation 1904-AD20 Final Rule.
Standards for
Residential Non-
Weatherized Gas Furnaces
and Mobile Home Gas
Furnaces.
49............................ Loan Guarantees for Clean 1901-AB59 Final Rule.
Energy Projects.
----------------------------------------------------------------------------------------------------------------
Department of Health and Human Services
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
50............................ Amendments to Civil 0936-AA09 Final Rule.
Monetary Penalty Law
Regarding Grants,
Contracts, and
Information Blocking.
51............................ Rulemaking on 0945-AA15 Proposed Rule.
Discrimination on the
Basis of Disability in
Health and Human
Services Programs or
Activities.
52............................ Nondiscrimination in 0945-AA17 Final Rule.
Health Programs and
Activities.
53............................ ONC Health IT 0955-AA03 Proposed Rule.
Certification Program
Updates, Health
Information Network
Attestation Process for
the Trusted Exchange
Framework and Common
Agreement, and
Enhancements to Support
Information Sharing.
54............................ Establishment of 0955-AA05 Proposed Rule.
Disincentives for Health
Care Providers who Have
Committed Information
Blocking.
55............................ Patient Engagement, 0955-AA06 Proposed Rule.
Information Sharing, and
Public Health
Interoperability.
56............................ Medications for the 0930-AA39 Proposed Rule.
Treatment of Opioid Use
Disorder.
57............................ Control of Communicable 0920-AA75 Final Rule.
Diseases; Foreign
Quarantine.
58............................ World Trade Center Health 0920-AA81 Final Rule.
Program; Addition of
Uterine Cancer to the
List of WTC-Related
Health Conditions.
59............................ Biologics Regulation 0910-AI14 Proposed Rule.
Modernization.
60............................ Certifications Concerning 0910-AI66 Proposed Rule.
Imported Foods.
61............................ Use of Salt Substitutes 0910-AI72 Proposed Rule.
to Reduce the Sodium
Content in Standardized
Foods.
62............................ Tobacco Product Standard 0910-AI76 Proposed Rule.
for Nicotine Level of
Certain Tobacco Products.
63............................ Mammography Quality 0910-AH04 Final Rule.
Standards Act.
64............................ Nonprescription Drug 0910-AH62 Final Rule.
Product With an
Additional Condition for
Nonprescription Use.
65............................ Tobacco Product Standard 0910-AI28 Final Rule.
for Characterizing
Flavors in Cigars.
66............................ Standards for the 0910-AI49 Final Rule.
Growing, Harvesting,
Packing, and Holding of
Produce for Human
Consumption Relating to
Agricultural Water.
67............................ Tobacco Product Standard 0910-AI60 Final Rule.
for Menthol in
Cigarettes.
68............................ Provider 0938-AU64 Proposed Rule.
Nondiscrimination
Requirements for Group
Health Plans and Health
Insurance Issuers in the
Group and Individual
Markets (CMS-9910).
69............................ Short-Term Limited 0938-AU67 Proposed Rule.
Duration Insurance;
Update (CMS-9904).
70............................ Assuring Access to 0938-AU68 Proposed Rule.
Medicaid Services (CMS-
2442).
71............................ Transitional Coverage for 0938-AU86 Proposed Rule.
Emerging Technologies
(CMS-3421).
72............................ Interoperability and 0938-AU87 Proposed Rule.
Prior Authorization for
MA Organizations,
Medicaid and CHIP
Managed Care and State
Agencies, FFE QHP
Issuers, MIPS Eligible
Clinicians, Eligible
Hospitals and CAHs (CMS-
0057).
73............................ Medicare and Medicaid 0938-AU90 Proposed Rule.
Program Integrity (CMS-
6084).
74............................ Culturally Competent and 0938-AU91 Proposed Rule.
Person-Centered
Requirements to Increase
Access to Care and
Improve Quality for All
(CMS-3418).
75............................ Mental Health Parity and 0938-AU93 Proposed Rule.
Addiction Equity Act and
the Consolidated
Appropriations Act, 2021
(CMS-9902).
76............................ Coverage of Certain 0938-AU94 Proposed Rule.
Preventive Services
Under the Affordable
Care Act (CMS-9903).
77............................ Contract Year 2024 0938-AU96 Proposed Rule.
Changes to the Medicare
Advantage, Medicare
Prescription Drug
Benefit, Medicare Cost
Plan Programs, Medicare
Overpayment Provisions
of the Affordable Care
Act, and PACE (CMS-4201).
78............................ FY 2024 Skilled Nursing 0938-AV02 Proposed Rule.
Facility (SNFs)
Prospective Payment
System and Consolidated
Billing and Updates to
the Value-Based
Purchasing and Quality
Reporting Programs (CMS-
1779).
79............................ Streamlining the Medicaid 0938-AU00 Final Rule.
and CHIP Application,
Eligibility
Determination,
Enrollment, and Renewal
Processes (CMS-2421).
80............................ Foster Care Legal 0970-AC89 Proposed Rule.
Representation.
81............................ Separate Licensing 0970-AC91 Proposed Rule.
Standards for Relative
or Kinship Foster Family
Homes.
82............................ Unaccompanied Children 0970-AC93 Proposed Rule.
Program Foundational
Rule.
83............................ Federal Licensing of 0970-AC94 Proposed Rule.
Office of Refugee
Resettlement Facilities.
84............................ Strengthening TANF as a 0970-AC97 Proposed Rule.
Safety Net and Work
Program.
85............................ Adoption and Foster Care 0970-AC98 Proposed Rule.
Analysis and Reporting
System (AFCARS).
86............................ Modification of the 0970-AC99 Proposed Rule.
Tribal Non-Federal Share
Requirement.
87............................ ANA Non-Federal Share 0970-AC88 Final Rule.
Emergency Waivers.
88............................ Older Americans Act, 0985-AA17 Proposed Rule.
Titles III, VI, and VII.
89............................ Adult Protective Services 0985-AA18 Proposed Rule.
Functions and Grant
Programs.
----------------------------------------------------------------------------------------------------------------
[[Page 10974]]
Department of Homeland Security
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
90............................ Victims of Qualifying 1615-AA67 Proposed Rule.
Criminal Activities;
Eligibility Requirements
for U Nonimmigrant
Status and Adjustment of
Status.
91............................ Improving the Regulations 1615-AC22 Proposed Rule.
Governing the Adjustment
of Status to Lawful
Permanent Residence and
Related Immigration
Benefits.
92............................ Particular Social Group 1615-AC65 Proposed Rule.
and Related Definitions
and Interpretations for
Asylum and Withholding
of Removal.
93............................ U.S. Citizenship and 1615-AC68 Proposed Rule.
Immigration Services Fee
Schedule and Changes to
Certain Other
Immigration Benefit
Request Requirements.
94............................ Bars to Asylum 1615-AC69 Proposed Rule.
Eligibility and Related
Procedures.
95............................ Modernization and Reform 1615-AC76 Proposed Rule.
of the H-2 Programs.
96............................ Citizenship and 1615-AC80 Proposed Rule.
Naturalization and Other
Related Flexibilities.
97............................ Relief Under the Violence 1615-AC81 Proposed Rule.
Against Women Act of
1994 and Subsequent
Legislation.
98............................ Security Bars and 1615-AC57 Final Rule.
Processing.
99............................ Cybersecurity in the 1625-AC77 Proposed Rule.
Marine Transportation
System.
100........................... MARPOL Annex VI; 1625-AC78 Proposed Rule.
Prevention of Air
Pollution From Ships.
101........................... Advance Passenger 1651-AB43 Proposed Rule.
Information System:
Electronic Validation of
Travel Documents.
102........................... Enhancing Surface Cyber 1652-AA74 Prerule.
Risk Management.
103........................... Vetting of Certain 1652-AA69 Proposed Rule.
Surface Transportation
Employees.
104........................... Amending Vetting 1652-AA70 Proposed Rule.
Requirements for
Employees With Access to
a Security
Identification Display
Area (SIDA).
105........................... Flight Training Security 1652-AA35 Final Rule.
Program.
106........................... Immigration Bond 1653-AA85 Final Rule.
Notifications and
Electronic Service.
107........................... Optional Alternative to 1653-AA86 Final Rule.
the Physical Examination
Associated With
Employment Eligibility
Verification (Form I-9).
108........................... National Flood Insurance 1660-AB06 Proposed Rule.
Program: Standard Flood
Insurance Policy,
Homeowner Flood Form.
109........................... Individual Assistance 1660-AB07 Proposed Rule.
Program Equity.
110........................... Update of FEMA's Public 1660-AB09 Proposed Rule.
Assistance Regulations.
111........................... Updates to Floodplain 1660-AB12 Proposed Rule.
Management and
Protection of Wetlands
Regulations.
112........................... National Flood Insurance 1660-AB11 Long-Term Action.
Program's Floodplain
Management Standards for
Land Management & Use, &
an Assessment of the
Program's Impact on
Threatened and
Endangered Species &
Their Habitats.
113........................... Ammonium Nitrate Security 1670-AA00 Proposed Rule.
Program.
114........................... Chemical Facility Anti- 1670-AA01 Proposed Rule.
Terrorism Standards
(CFATS).
----------------------------------------------------------------------------------------------------------------
Department of Housing and Urban Development
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
115........................... 24 CFR 5, 92, 93, 200, 2501-AE05 Proposed Rule.
247, 574, 576 578
Violence Against Women
Act Reauthorization Act
of 2022: Compliance in
HUD Housing Programs (FR-
6319).
116........................... 24 CFR 50 Floodplain 2506-AC54 Proposed Rule.
Management and
Protection of Wetlands
(FR-6272).
----------------------------------------------------------------------------------------------------------------
Department of Interior
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
117........................... Onshore Oil and Gas 1004-AE91 Final Rule.
Operations--Annual Civil
Penalties Inflation
Adjustments.
----------------------------------------------------------------------------------------------------------------
Department of Justice
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
118........................... Home Confinement Under 1120-AB79 Final Rule.
the Coronavirus Aid,
Relief, and Economic
Security (CARES) Act.
119........................... Implementation of the ADA 1190-AA73 Proposed Rule.
Amendments Act of 2008:
Federally Conducted
(Section 504 of the
Rehabilitation Act of
1973).
120........................... Nondiscrimination on the 1190-AA78 Proposed Rule.
Basis of Disability by
State and Local
Governments: Medical
Diagnostic Equipment.
121........................... Nondiscrimination on the 1190-AA79 Proposed Rule.
Basis of Disability:
Accessibility of Web
Information and Services
of State and Local
Governments.
122........................... Nondiscrimination on the 1190-AA77 Long-Term Action.
Basis of Disability by
State and Local
Governments; Public
Right-of-Way.
123........................... Medications to Prevent 1117-AB73 Proposed Rule.
Narcotic Opioid
Withdrawal Symptoms.
[[Page 10975]]
124........................... Expansion of Induction of 1117-AB78 Proposed Rule.
Buprenorphine via
Telemedicine Encounter.
125........................... Bars to Asylum 1125-AB12 Proposed Rule.
Eligibility and Related
Procedures.
126........................... Particular Social Group 1125-AB13 Proposed Rule.
and Related Definitions
and Interpretations for
Asylum and Withholding
of Removal.
127........................... Procedures for Asylum and 1125-AB15 Proposed Rule.
Withholding of Removal.
128........................... Appellate Procedures and 1125-AB18 Proposed Rule.
Decisional Finality in
Immigration Proceedings;
Administrative Closure.
129........................... Procedures for Credible 1125-AB20 Final Rule.
Fear Screening and
Consideration of Asylum,
Withholding of Removal
and CAT Protection
Claims by Asylum
Officers.
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
130........................... Final Action on Proposal 1250-AA09 Final Rule.
to Rescind Implementing
Legal Requirements
Regarding the Equal
Opportunity Clause's
Religious Exemption.
131........................... Pre-enforcement Notice 1250-AA14 Final Rule.
and Conciliation
Procedures.
132........................... Form LM-10 Employer 1245-AA13 Final Rule.
Report.
133........................... Defining and Delimiting 1235-AA39 Proposed Rule.
the Exemptions for
Executive,
Administrative,
Professional, Outside
Sales and Computer
Employees.
134........................... Nondisplacement of 1235-AA42 Proposed Rule.
Qualified Workers Under
Service Contracts.
135........................... Updating the Davis-Bacon 1235-AA40 Final Rule.
and Related Acts
Regulations.
136........................... Wagner-Peyser Act 1205-AC02 Final Rule.
Staffing.
137........................... Definition of the Term 1210-AC02 Proposed Rule.
``Fiduciary''.
138........................... Mental Health Parity and 1210-AC11 Proposed Rule.
Addiction Equity Act and
the Consolidated
Appropriations Act, 2021.
139........................... Respirable Crystalline 1219-AB36 Proposed Rule.
Silica.
140........................... Safety Program for 1219-AB91 Final Rule.
Surface Mobile Equipment.
141........................... Prevention of Workplace 1218-AD08 Prerule.
Violence in Health Care
and Social Assistance.
142........................... Heat Illness Prevention 1218-AD39 Prerule.
in Outdoor and Indoor
Work Settings.
143........................... Infectious Diseases...... 1218-AC46 Proposed Rule.
144........................... Occupational Exposure to 1218-AD36 Final Rule.
COVID-19 in Healthcare
Settings.
----------------------------------------------------------------------------------------------------------------
Department of Transportation
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
145........................... +Enhancing Transparency 2105-AF10 Proposed Rule.
of Airline Ancillary
Service Fees.
146........................... +Accessible Lavatories on 2105-AE89 Final Rule.
Single-Aisle Aircraft:
Part II.
147........................... +Safety Management System 2120-AL60 Proposed Rule.
for Parts 21, 91, 135
and 145.
148........................... +National Electric 2125-AG10 Final Rule.
Vehicle Infrastructure
Formula Program.
149........................... +Heavy Vehicle Automatic 2127-AM36 Proposed Rule.
Emergency Braking.
150........................... +Light Vehicle Automatic 2127-AM37 Proposed Rule.
Emergency Braking (AEB)
with Pedestrian AEB.
151........................... +Fuel Efficiency and 2127-AM39 Proposed Rule.
Greenhouse Gas Standards
for Medium- and Heavy-
Duty Engines and
Vehicles.
152........................... +Light Vehicle CAFE 2127-AM55 Proposed Rule.
Standards Beyond MY 2026.
153........................... +Train Crew Staffing..... 2130-AC88 Proposed Rule.
154........................... +Pipeline Safety: Class 2137-AF29 Final Rule.
Location Requirements.
----------------------------------------------------------------------------------------------------------------
Department of Veterans Affairs
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
155........................... Updating VA Adjudication 2900-AR10 Proposed Rule.
Regulations for
Disability or Death
Benefit Claims Related
to Herbicide Exposure.
156........................... Pilot Veterans Services 2900-AR60 Proposed Rule.
Organization
Complementary and
Integrative Health Self-
Care Well-Being Center
Grant Program.
157........................... Expanded Burial Benefits. 2900-AR69 Proposed Rule.
158........................... Updating VA Adjudication 2900-AR75 Proposed Rule.
Regulations for
Disability or Death
Benefits Based on Toxic
Exposure.
159........................... Reevaluation of Claims 2900-AR76 Proposed Rule.
for Dependency and
Indemnity Compensation
Based on Public Law 117-
168.
160........................... Authorization of 2900-AR77 Proposed Rule.
Electronic Notice in
Claims Under Laws
Administered by the
Secretary of Veterans
Affairs.
161........................... Modifying Copayments for 2900-AQ30 Final Rule.
Veterans at High Risk
for Suicide.
162........................... Home Visits in Program of 2900-AQ96 Final Rule.
Comprehensive Assistance
for Family Caregivers
During COVID-19 National
Emergency.
163........................... Staff Sergeant Parker 2900-AR16 Final Rule.
Gordon Fox Suicide
Prevention Grant Program.
[[Page 10976]]
164........................... Copayment Exemption for 2900-AR48 Final Rule.
Indian Veterans.
165........................... Technical Revisions to 2900-AR73 Final Rule.
Expand Health Care for
Certain Toxic Exposure
and Overseas Contingency
Service.
166........................... Procedural Updates for 2900-AR74 Final Rule.
the PACT Act.
----------------------------------------------------------------------------------------------------------------
Environmental Protection Agency
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
167........................... Phasedown of 2060-AV84 Prerule.
Hydrofluorocarbons:
Management of Certain
Hydrofluorocarbons and
Substitutes Under
Subsection (h) of the
American Innovation and
Manufacturing Act of
2020.
168........................... PFAS-Related Designations 2050-AH25 Prerule.
as CERCLA Hazardous
Substances.
169........................... National Emission 2060-AU37 Proposed Rule.
Standards for Hazardous
Air Pollutants: Ethylene
Oxide Commercial
Sterilization and
Fumigation Operations.
170........................... Amendments to the NSPS 2060-AV09 Proposed Rule.
for GHG Emissions From
New, Modified, &
Reconstructed Stationary
Sources: EGUs.
171........................... Emission Guidelines for 2060-AV10 Proposed Rule.
Greenhouse Gas Emissions
From Fossil Fuel-Fired
Existing Electric
Generating Units.
172........................... Volume Requirements for 2060-AV14 Proposed Rule.
2023 and Beyond Under
the Renewable Fuel
Standard Program.
173........................... New Source Performance 2060-AV16 Proposed Rule.
Standards and Emission
Guidelines for Crude Oil
and Natural Gas
Facilities: Climate
Review.
174........................... Review of Final Rule 2060-AV20 Proposed Rule.
Reclassification of
Major Sources as Area
Sources Under Section
112 of the Clean Air Act.
175........................... Revisions to the Air 2060-AV41 Proposed Rule.
Emission Reporting
Requirements (AERR).
176........................... Phasedown of 2060-AV45 Proposed Rule.
Hydrofluorocarbons:
Allowance Allocation
Methodology for 2024 and
Later Years.
177........................... Restrictions on Certain 2060-AV46 Proposed Rule.
Uses of
Hydrofluorocarbons Under
Subsection (i) of the
American Innovation and
Manufacturing Act.
178........................... Implementing Regulations 2060-AV48 Proposed Rule.
Under 40 CFR Part 60
Subpart Ba Adoption and
Submittal of State Plans
for Designated
Facilities.
179........................... Multi-Pollutant Emissions 2060-AV49 Proposed Rule.
Standards for Model
Years 2027 and Later
Light-Duty and Medium-
Duty Vehicles.
180........................... Reconsideration of the 2060-AV52 Proposed Rule.
National Ambient Air
Quality Standards for
Particulate Matter.
181........................... NESHAP: Coal-and Oil- 2060-AV53 Proposed Rule.
Fired Electric Utility
Steam Generating Units-
Review of the Residual
Risk and Technology
Review.
182........................... Methane Emissions and 2060-AV83 Proposed Rule.
Waste Reduction
Incentive Program and
Revisions to the
Mandatory Greenhouse Gas
Reporting Rule for
Petroleum and Natural
Gas Systems.
183........................... Fees for the 2070-AK64 Proposed Rule.
Administration of the
Toxic Substances Control
Act (TSCA).
184........................... Methylene Chloride; 2070-AK70 Proposed Rule.
Rulemaking Under Section
6(a) of the Toxic
Substances Control Act
(TSCA).
185........................... 1-Bromopropane; 2070-AK73 Proposed Rule.
Rulemaking Under Section
6(a) of the Toxic
Substances Control Act
(TSCA).
186........................... Carbon Tetrachloride; 2070-AK82 Proposed Rule.
Rulemaking Under Section
6(a) of the Toxic
Substances Control Act
(TSCA).
187........................... Trichloroethylene; 2070-AK83 Proposed Rule.
Rulemaking Under Section
6(a) of the Toxic
Substances Control Act
(TSCA).
188........................... Perchloroethylene; 2070-AK84 Proposed Rule.
Rulemaking Under Section
6(a) of the Toxic
Substances Control Act
(TSCA).
189........................... N-Methylpyrrolidone; 2070-AK85 Proposed Rule.
Rulemaking Under Section
6(a) of the Toxic
Substances Control Act
(TSCA).
190........................... Procedures for Chemical 2070-AK90 Proposed Rule.
Risk Evaluation Under
the Toxic Substances
Control Act (TSCA).
191........................... Reconsideration of the 2070-AK91 Proposed Rule.
Dust-Lead Hazard
Standards and Dust-Lead
Post Abatement Clearance
Levels.
192........................... Hazardous and Solid Waste 2050-AH14 Proposed Rule.
Management System:
Disposal of Coal
Combustion Residuals
From Electric Utilities;
Legacy Surface
Impoundments.
193........................... Revisions to Standards 2050-AH24 Proposed Rule.
for the Open Burning/
Open Detonation of Waste
Explosives.
194........................... Listing of PFOA, PFOS, 2050-AH26 Proposed Rule.
PFBS, and GenX as
Resource Conservation
and Recovery Act (RCRA)
Hazardous Constituents.
195........................... Definition of Hazardous 2050-AH27 Proposed Rule.
Waste Applicable to
Corrective Action for
Solid Waste Management
Units.
196........................... Reporting Requirements 2050-AH28 Proposed Rule.
for Emissions From
Animal Waste Under the
Emergency Planning and
Community Right-to-Know
Act.
197........................... Federal Baseline Water 2040-AF62 Proposed Rule.
Quality Standards for
Indian Reservations.
[[Page 10977]]
198........................... Revised Definition of 2040-AG13 Proposed Rule.
``Waters of the United
States''.
199........................... National Primary Drinking 2040-AG16 Proposed Rule.
Water Regulations for
Lead and Copper:
Improvements (LCRI) (.
200........................... Water Quality Standards 2040-AG17 Proposed Rule.
Regulatory Revisions to
Protect Tribal Reserved
Rights.
201........................... Per- and Polyfluoroalkyl 2040-AG18 Proposed Rule.
Substances (PFAS)
National Primary
Drinking Water
Regulation Rulemaking.
202........................... Effluent Limitations 2040-AG23 Proposed Rule.
Guidelines and Standards
for the Steam Electric
Power Generating Point
Source Category.
203........................... Control of Air Pollution 2060-AU41 Final Rule.
From New Motor Vehicles:
Heavy-Duty Engine and
Vehicle Standards.
204........................... NESHAP: Coal- and Oil- 2060-AV12 Final Rule.
Fired Electric Utility
Steam Generating Units-
Revocation of the 2020
Reconsideration, and
Affirmation of the
Appropriate and
Necessary Supplemental
Finding.
205........................... Pesticides; Exemptions of 2070-AK54 Final Rule.
Certain Plant-
Incorporated Protectants
(PIPs) Derived From
Newer Technologies.
206........................... Asbestos Part 1: 2070-AK86 Final Rule.
Chrysotile Asbestos;
Regulation of Certain
Conditions of Use Under
Section 6(a) of the
Toxic Substances Control
Act (TSCA).
207........................... Hazardous and Solid Waste 2050-AH07 Final Rule.
Management System:
Disposal of Coal
Combustion Residuals
From Electric Utilities;
Federal CCR Permit
Program.
208........................... Hazardous and Solid Waste 2050-AH18 Final Rule.
Management System:
Disposal of CCR; A
Holistic Approach to
Closure Part B:
Implementation of
Closure.
209........................... Accidental Release 2050-AH22 Final Rule.
Prevention Requirements:
Risk Management Program
Under the Clean Air Act;
Safer Communities by
Chemical Accident
Prevention.
210........................... Clean Water Act Section 2040-AG12 Final Rule.
401: Water Quality
Certification.
211........................... Revised Definition of 2040-AG19 Final Rule.
``Waters of the United
States''.
----------------------------------------------------------------------------------------------------------------
Office of Personnel Management
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
212........................... Postal Service Health 3206-AO43 Final Rule.
Benefits Program.
----------------------------------------------------------------------------------------------------------------
Pension Benefit Guaranty Corporation
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
213........................... Actuarial Assumptions for 1212-AB54 Proposed Rule.
Determining an
Employer's Withdrawal
Liability.
214........................... Special Financial 1212-AB53 Final Rule.
Assistance by PBGC.
----------------------------------------------------------------------------------------------------------------
Social Security Administration
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
215........................... Use of Electronic Payroll 0960-AH88 Proposed Rule.
Data To Improve Program
Administration.
216........................... Omitting Food From In- 0960-AI60 Proposed Rule.
Kind Support and
Maintenance Calculations.
217........................... Social Security Number 0960-AI80 Proposed Rule.
Use in Government
Records.
218........................... Revised Medical Criteria 0960-AG65 Proposed Rule.
for Evaluating Digestive
Disorders and Skin
Disorders.
----------------------------------------------------------------------------------------------------------------
Consumer Product Safety Commission
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
219........................... Regulatory Options for 3041-AC31 Final Rule.
Table Saws.
220........................... Petition for Rulemaking 3041-AD31 Final Rule.
to Eliminate Accessible
Cords on Window Covering
Products.
221........................... Furniture Tip Overs: 3041-AD65 Final Rule.
Clothing Storage Units.
----------------------------------------------------------------------------------------------------------------
[[Page 10978]]
Nuclear Regulatory Commission
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
222........................... Enhanced Weapons for 3150-AJ55 Prerule.
Spent Fuel Storage
Installations and
Transportation--Section
161A Authority [NRC-2015-
0018].
223........................... American Society of 3150-AK23 Proposed Rule.
Mechanical Engineers
Code Cases and Update
Frequency [NRC-2018-
0291].
224........................... Risk-Informed, Technology 3150-AK31 Proposed Rule.
Inclusive Regulatory
Framework [NRC-2019-
0062].
225........................... Renewing Nuclear Power 3150-AK32 Proposed Rule.
Plant Operating
Licenses--Environmental
Review [NRC-2018-0296].
226........................... Revision of Fee 3150-AK58 Proposed Rule.
Schedules: Fee Recovery
for FY 2023 [NRC-2021-
0024].
----------------------------------------------------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Statement of Regulatory Priorities
The U.S. Department of Agriculture's (USDA) fall 2022 Regulatory
Agenda and Plan prioritizes initiatives fostering 21st century
innovation like delivering broadband to farmers, ranchers, small
businesses, and rural communities, addressing the effects of climate
change such as drought and wildfire risks via climate-smart
agriculture, expanding economic and market opportunity at home and
abroad, job creation, improving access and delivery of our programs,
particularly among historically underserved people and communities, and
tackling food and nutrition insecurity while maintaining a safe food
supply. Meanwhile, as we've responded to immediate needs during the
past two years, USDA will continue to leverage our existing programs in
response to those unforeseen domestic and international events and
national emergencies that impact the American farm economy, schools,
individual households, and our National Forests. Finally, we note that
all USDA programs, including the priorities contained in this
Regulatory Plan, will be structured to advance the cause of equity by
removing barriers and opening new opportunities.
In 2022, the USDA:
Risk Management Agency implemented the Pandemic Cover Crop Program
that reduced crop insurance premiums for agricultural producers to help
them maintain cover crop systems, an important conservation practice,
while keeping producers eligible for a premium benefit under the
program.
Food and Nutrition Service (FNS) implemented a final rule that
establishes Standards for Milk, Whole Grains, and Sodium in its Child
Nutrition Programs for school years 2022-2023 and 2023-2024 to give
schools time to transition in the short term as FNS works to develop
long-term nutrition standards--based on the newest Dietary Guidelines
for America and extensive input from a wide range of partners--that
will work for schools, families, and industry alike. In 2022, FNS also
implemented streamlining requirements in its Child Nutrition Programs
to simplify the application process, enhance monitoring requirements,
offer more clarity on existing requirements, and provide more
discretion at the State agency level to manage program operations.
In late 2022, USDA plans to announce Phase 2 of the Emergency
Relief Program that provides assistance to producers who suffered crop
losses due to qualifying disaster events, and the Pandemic Assistance
Revenue Program, a new program that provides support for agricultural
producers impacted by the COVID-19 pandemic. In addition, this action
makes changes to the Coronavirus Food Assistance Program; the Emergency
Conservation Program; the Emergency Assistance for Livestock,
Honeybees, and Farm-Raised Fish Program; the Livestock Forage Disaster
Program; the Livestock Indemnity Program; the Noninsured Crop Disaster
Assistance Program; and general payment eligibility provisions. For
more information about this rule, see RIN 0503-AA75.
Outlined below are some of USDA's most important upcoming
regulatory actions for 2023. These include efforts to restore and
expand economic opportunity; address the climate crisis; and support
agricultural markets that are free, open and promote competition. This
Regulatory Plan also reflects USDA's continued commitments to ensuring
a safe and nutritious food supply and animal welfare protections. As
always, our Semiannual Regulatory Agenda contains information on a
broad-spectrum of USDA's initiatives and upcoming regulatory actions.
Combat Climate Change To Support America's Working Lands, Natural
Resources and Communities
Special Areas; Roadless Area Conservation; National Forest System
Lands in Alaska: In November 2021, USDA proposed to repeal a final rule
promulgated in 2020 that exempted the Tongass National Forest from the
2001 Roadless Area Conservation Rule (2001 Roadless Rule). The 2001
Roadless Rule prohibited timber harvest and road construction or
reconstruction within designated Inventoried Roadless Areas, with
limited exceptions. USDA is planning to finalize this proposed rule in
a manner consistent with President Biden's Executive Order 13990,
Protecting Public Health and the Environment and Restoring Science to
Tackle the Climate Crisis, directing review of Federal regulations
issued during the previous four years that may conflict with protecting
the environment, and in support of efforts to confront the climate
crisis. For more information about this rule, see RIN 0596-AD51.
Foster an Equitable and Competitive Marketplace for All Agricultural
Producers
Inclusive Competition and Market Integrity Rules Under the Packers
and Stockyards Act: In October 2022, USDA proposed to revise
regulations under the Packers and Stockyards (P&S) Act, prohibiting
certain prejudices and disadvantages and unjustly discriminatory
conduct against covered producers in the livestock, meat, and poultry
markets. The proposal identified retaliatory practices that interfere
with lawful communications, assertion of rights, and participation in
associations, among other protected activities. The proposal also
identified unlawfully deceptive practices that violate the P&S Act with
respect to contract formation, contract performance, contract
termination and contract refusal. The purpose of the final rule is to
promote inclusive competition and market integrity in the livestock,
meats, and poultry markets. For more information about this rule, see
RIN 0581-AE05.
Transparency in Poultry Grower Contracting and Tournaments Systems:
The final rule would address the use of poultry grower ranking systems
as a method of payment and settlement grouping for poultry growers
under
[[Page 10979]]
contract in poultry growing arrangements with live poultry dealers. The
final rule would establish certain requirements with which a live
poultry dealer must comply if a poultry grower ranking system is
utilized to determine grower payment. A live poultry dealer's failure
to comply would be deemed an unfair, unjustly discriminatory, and
deceptive practice according to factors outlined in the final rule. A
proposed rule was published in the Federal Register on June 8, 2022, 87
FR 48091. For more information about this rule, see RIN 0581-AE03.
Unfair Practices, Undue Preferences, and Harm to Competition under
the Packers and Stockyards Act: The proposal would revise regulations
under the Packers and Stockyards Act (Act), providing clarity regarding
conduct that may violate the Act, including addressing harm to
competition. For more information about this rule, see RIN 0581-AE04.
Poultry Growing Tournament Systems: Fairness and Related Concerns--
Harm to Competition: The proposal seeks to address the use of poultry
grower ranking systems, commonly known as ``tournaments'' in contract
poultry production. Based on inputs from poultry growers, the proposal
will seek to improve the market for poultry grower services. An advance
notice of proposed rulemaking was published in the Federal Register on
June 8, 2022, 87 FR 34814. For more information about this rule, see
RIN 0581-AE18.
Provide All Americans Safe, Nutritious Food
USDA's Food Safety and Inspection Service (FSIS) continues to
ensure that meat, poultry, and egg products are safe, wholesome, and
properly marked, labeled, and packaged, and prohibits the distribution
in-commerce of meat, poultry, and egg products that are adulterated or
misbranded. One of FSIS' top priorities is to develop a more
comprehensive and effective strategy to reduce Salmonella illnesses
associated with poultry products. The agency is gathering the data and
information necessary to support future action and move closer to the
national target of a 25 percent reduction in Salmonella illnesses.
In addition, to enhance the safety of raw beef products, FSIS is
strengthening its sampling and testing programs for shiga-toxin
producing Escherichia coli in these products.
Moreover, consistent with the President's priorities of advancing
the country's economic recovery and promoting economic resilience, FSIS
is proposing several rules to improve regulatory certainty, which
assure consumers that meat, poultry, and egg products are safe and
truthfully labeled and fosters fair competition among the regulated
industry. In a similar vein, AMS has prepared proposed standards for
organic livestock and poultry production.
Voluntary Labeling of Meat Products With ``Product of USA'' and
Similar Statements: In accordance with Executive Order 14036, Promoting
Competition in the American Economy, FSIS will propose to address
concerns that the voluntary ``Product of USA'' label claim may confuse
consumers about the origin of FSIS regulated products and undermine
fair competition. FSIS intends to define the voluntary claim so that it
is more meaningful to consumers and ensures a fair and competitive
marketplace for American farmers and ranchers. For more information
about this rule, see RIN 0583-AD87.
Labeling of Meat or Poultry Products Comprised of or Containing
Cultured Animal Cells; Revision of the Nutrition Facts Panels for Meat
and Poultry Products and Updating Certain Reference Amounts Customarily
Consumed; and Prior Label Approval System: Expansion of Generic Label
Approval: FSIS will propose to establish new requirements for the
labeling of meat or poultry products made using animal cell culture
technology. FSIS also plans to finalize two other labeling rules, one
to update nutrition labeling for meat and poultry products and another
to expand the categories of meat and poultry product labels deemed
generically approved that may be used in commerce without prior FSIS
review and approval. The rule expanding the categories of generically
approved labels will reduce labeling costs for meat and poultry
establishments, including small and very small establishments. The
three rules will provide additional certainty about what is required
for meat and poultry labeling while ensuring that consumers have
accurate information about the food they buy. For more information
about these rules, see RINs 0583-AD56, 0583-AD78, and 0583-AD89.
National Organic Program; Organic Livestock and Poultry Standards:
The final rule would establish standards that support additional
practice standards for organic livestock and poultry production. This
final action would add provisions to the USDA organic regulations to
address and clarify livestock and poultry living conditions (for
example, outdoor access, housing environment and stocking densities),
health care practices (for example physical alterations, administering
medical treatment, euthanasia), and animal handling and transport to
and during slaughter. For more information about this rule, see RIN
0581-AE06.
FNS' Child Nutrition Programs: Revisions to Meal Patterns
Consistent with the 2020 Guidelines forAmericans: The proposed
revisions would revise meal patterns in the National School Lunch
Program and School Breakfast Program to make school meals healthier and
more consistent with the most recent Dietary Guidelines for Americans
while reflecting the nutrient needs of children at risk for food
insecurity. For more information about this rule, see RIN 0584-AE88.
FNS' Special Supplemental Nutrition Program for Women, Infants and
Children (WIC): Revisions in the WIC Food Packages: Consistent with
recommendations from the National Academies of Sciences, Engineering,
and Medicine and the latest Dietary Guidelines for Americans, the
proposal seeks to provide participants with greater choices in variety
and food package sizes. For more information about this rule, see RIN
0584-AE82.
FNS' Community Eligibility Provision: Increasing Options for
Schools: The Community Eligibility Provision (CEP) is an option for
schools to offer no-cost meals to all students without the burden of
collecting household applications. This provision saves local
educational agencies time and money by streamlining paperwork and
administrative requirements and facilitates low-income children's
access to nutritious school meals. This rule would lower the minimum
participation threshold, which would expand access to CEP and provide
greater flexibility to States and schools that want to use additional
State and local funds to provide no-cost meals to students. For more
information about this rule, see RIN 0584-AE93.
USDA--AGRICULTURAL MARKETING SERVICE (AMS)
Proposed Rule Stage
1. Unfair Practices, Undue Preferences, and Harm to Competition Under
the Packers and Stockyards Act (AMS-FTPP-21-0046) [0581-AE04]
Priority: Other Significant.
Legal Authority: 7 U.S.C. 181 to 229c
CFR Citation: 9 CFR 201.
Legal Deadline: None.
Abstract: This action proposes to revise regulations issued under
the Packers and Stockyards Act (Act) (7
[[Page 10980]]
U.S.C.181 229c), providing clarity regarding conduct that may violate
the Act. Revisions are intended to support market growth, assure fair
trade practices and competition, and protect livestock and poultry
growers and producers. The action addresses long-standing issues
related to competitiveness and showings of harm or likely harm to
competition.
Statement of Need: Revisions to regulations pertaining to the
Packers and Stockyards Act (Act) clarify the types of conduct by
packers, swine contractors, or live poultry dealers that the
Agricultural Marketing Service (AMS) considers unfair practices or
undue preferences and a violation of sections 202(a) or 202(b) of the
Act.
Sections 202(a) and 202(b) of the P&S Act are broadly written to
prohibit unjustly practices and undue preferences. Industry members
have complained that the regulations effectuating the Act are too vague
and do not provide adequate clarity about the types of conduct or
action that are likely to violate the Act. This rule is needed to
provide essential clarity about what would be considered violations of
the Act.
Revisions to regulations pertaining to the Packers and Stockyards
Act (Act) that would also clarify the scope of the Act are needed to
establish what conduct or action, depending on their nature and the
circumstances, violate the Act without a finding of harm or likely harm
to competition or as they may relate to harm or likely harm to
competition as such terms were contemplated under the Act. Such
revisions reflect the Department of Agriculture's (USDA) longstanding
position in this regard.
Summary of Legal Basis: The Packers and Stockyards Act (Act)
authorizes AMS to determine if conduct within the poultry and livestock
industries are unfair practices or undue preferences and, therefore a
violation of the Act.
The Act provides USDA with the authority to assure fair competition
and trade practices and to safeguard farmers against receiving less
than the true market value of their livestock. Sections 202(c), (d),
and (e) of the Act limit the application of those sections to acts or
practices that have an adverse effect on competition, such as acts
restraining commerce, creating a monopoly, or producing another type of
antitrust injury. However, provisions in sections 202(a) and (b)
restrict practices that are deceptive, unfair, unjust, undue, and
unreasonable; terms that are understood to encompass more than
anticompetitive conduct. USDA's position is that Congress did not
intend application of sections 202(a) and (b) to be limited to
instances in which there is harm to competition.
Alternatives: USDA considered doing nothing. However, courts are
not unanimous in their findings. Further, several courts disagree with
USDA's position. Lack of clarity hinders the agency's ability to
consistently administer and enforce the Act.
Anticipated Cost and Benefits: USDA estimate annual costs related
to this rule of $9 million for the first five years, decreasing in
subsequent years, for total ten-year costs of $66 million. We believe
the primary benefit of the proposed regulation is the increased ability
to protect producers and growers through enforcement of the Act for
violations of section 202(a) and/or (b) that do not result in harm, or
a likelihood of harm, to competition.
Risks: Courts have recognized that the proper analysis of alleged
violations of these two sections depends on the facts of each case.
However, four courts of appeals have disagreed with USDA's
interpretation of the Act and have concluded that plaintiffs could not
prove their claims under those sections without proving harm to
competition or likely harm to competition. There is a risk if future
legal challenge of USDA interpretation of sections 202(c), (d), and (e)
of the Act.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/22
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Agency Contact: Michael V. Durando, Deputy Administrator, Fair
Trade Practices Program, Department of Agriculture, Agricultural
Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-
0237, Phone: 202 720-219.
RIN: 0581-AE04
USDA--AMS
2. Inclusive Competition and Market Integrity Under the Packers and
Stockyards Act (AMS-FTPP-21-0045) [0581-AE05]
Priority: Other Significant.
Legal Authority: 7 U.S.C. 181 to 229c
CFR Citation: 9 CFR 201.
Legal Deadline: None.
Abstract: This final rule would supplement a recent revision to
regulations issued under the Packers and Stockyards Act (Act) (7
U.S.C.181 229c) that provided criteria for the Secretary to consider
when determining whether certain conduct or action by packers, swine
contractors, or live poultry dealers is unduly or unreasonably or
advantageous. Supplemental amendments clarify the conduct the
Department considers unfair, preferential unjustly discriminatory, or
deceptive and a violation of sections 202(a) and (b) of the Act. The
rule also clarifies the criteria and types of conduct that would be
considered unduly or unreasonably preferential, advantageous,
prejudicial, or disadvantageous and violations of the Act.
Statement of Need: Revisions to regulations pertaining to the
Packers and Stockyards Act (Act) clarify the types of conduct by
packers, swine contractors, or live poultry dealers that the
Agricultural Marketing Service (AMS) considers unfair, unjustly
discriminatory, or deceptive and a violation of section 202(a) of the
Act, regardless of whether such action harms or is likely to harm
competition. The rule also clarifies the criteria and/or types of
conduct that would be considered unduly or unreasonably preferential,
advantageous, prejudicial, or disadvantageous and a violation of
section 202(b) of the Act.
Sections 202(a) and 202(b) of the P&S Act are broadly written to
prohibit unjustly practices and undue preferences and prejudices.
Industry members have complained that the regulations effectuating the
Act are too vague and do not provide adequate clarity about the types
of conduct or action that are likely to violate the Act. This rule is
needed to provide essential clarity about what would be considered
violations of the Act, regardless of whether such violations harm or
are likely to harm competition.
Summary of Legal Basis: The Packers and Stockyards Act (Act)
authorizes AMS to determine if conduct within the poultry and livestock
industries are unfair, unjustly discriminatory, or deceptive and,
therefore a violation of the Act.
Alternatives: AMS considered taking no further action, allowing 100
years of case law to determine precedent in making determinations about
whether certain behaviors violate the Act. AMS also considered
revisiting the withdrawn 2016 rulemaking approach that would have
identified criteria with which to determine whether certain behaviors
violate the Act.
Anticipated Cost and Benefits: USDA estimates first-year costs
associated with this rule to be $517 thousand, with decreased costs
each year thereafter, resulting in a ten-year total cost of $2.88
[[Page 10981]]
million. AMS expects this rule to benefit all segments of the industry,
providing greater clarity about what would be considered violations of
the Act. AMS expects this rule, coupled with a concurrent rule on the
scope of the Act, to strengthen enforcement of the Act, resulting in
fairer and more competitive markets for producers and poultry growers.
Risks: Industry is divided about adding lists or examples of
specific prohibited conduct to the regulations. Some argue such lists
would inhibit freedom to forge contracts that fit individual
situations, while others contend greater specificity is required so
that affected parties can more readily identify violative behavior.
Industry is also split on the question of whether identified prohibited
behaviors must be found to harm or likely harm competition to be
considered violations of the Act. AMS expects to resolve some of the
controversy by being proactive and transparent with the industry to
allow for critical discussions and decisions on the rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/03/22 87 FR 60010
NPRM Comment Period Extended........ 11/30/22 87 FR 73507
NPRM Comment Period End............. 12/02/22
NPRM Comment Period Extended End.... 01/17/23
Final Rule.......................... 04/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Michael V. Durando, Deputy Administrator, Fair
Trade Practices Program, Department of Agriculture, Agricultural
Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-
0237, Phone: 202 720-0219.
RIN: 0581-AE05
USDA--AMS
3. Poultry Growing Tournament Systems: Fairness and Related Concerns--
Harm to Competition (AMS-FTPP-22-0046) [0581-AE18]
Priority: Other Significant.
Legal Authority: 7 U.S.C. 181 et seq., 192
CFR Citation: 9 CFR 201.
Legal Deadline: None.
Abstract: This action seeks comments on proposed amendments to
regulations that promote transparency in the poultry grower ranking
systems, more commonly known as tournaments, in contract poultry
production. Proposed amendments serve to remove obstacles to fair
contracting.
Statement of Need: Executive Order 14036 Promoting Competition in
the American Economy, directs the Secretary of Agriculture to address
unfair treatment of farmers and improve conditions of competition in
their markets by considering rulemaking to address, among other things,
certain practices related to poultry grower ranking systems. AMS is
responding to numerous complaints from poultry growers about the use of
tournament systems and recognizes that measures beyond disclosure and
transparency may be necessary to address those practices, given the
economic power imbalances and competition concerns that exist in
today's markets. Responses to requests for comment have helped AMS
tailor further policy development and rulemaking under the Packers and
Stockyards Act, as amended, to address, through specific prohibitions,
limits, and/or conventionalities, potential unfairness that may arise
from the use of the tournament contracts in the poultry sector.
Summary of Legal Basis: Sections 202(a) and 202(b) of the Packers
and Stockyards Act prohibits unfair practices and undue preferences.
Alternatives: The alternative considered is to continue with other
efforts already underway to enhance fair and competitive markets in
poultry. These include: (1) a separate rulemaking, under RIN 0581-AE03,
in which USDA proposed a series of new transparency measures designed
to address many grower concerns relating to deception and lack of
access to critical information in connection with poultry contracting
and tournament systems; (2) under the American Rescue Plan Act's
provision to enhance supply chain resiliency, investing directly into
the creation of new, and expansion of existing, local and regional meat
and poultry processing enterprises; and (3) in partnership with DOJ,
through such means as a newly established joint complaints and tips
portal, <a href="http://www.farmerfairness.gov">www.farmerfairness.gov</a>, enhancing enforcement activities
including responding in a more coordinated manner to a range of
competition and fair markets concerns.
Anticipated Cost and Benefits: AMS is at an early stage of
evaluating the costs and benefits of the contemplated regulatory
interventions. However, expected benefits include greater certainty,
investment, and supply of poultry products, greater returns to poultry
growers and enhanced rural economic welfare, and expanded competitive
choices in the poultry sector. Expected costs may include compliance
costs, such as certain contract change costs.
Risks: Agricultural production is an inherently risky endeavor, and
returns have some level of risk no matter the marketing channel or
structural arrangement. Tournament systems do not insulate growers from
the financial risk, liquidity risk, the risk from incomplete contracts,
and the lack of control over inputs and production variables.
Tournaments also introduce new categories of risks to growers: Group
composition risk and added risks of settlement-related deception or
fraud. The risks of deception or fraud as discussed above include the
inability of growers to verify the accuracy of payments, and to detect
discrimination or retaliation.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM: Request for Comments......... 06/08/22 87 FR 34814
ANPRM Comment Period End............ 09/06/22
NPRM................................ 07/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Agency Contact: Stephen Slinsky, Department of Agriculture,
Agricultural Marketing Service, 1400 Independence Avenue SW,
Washington, DC 20250, Phone: 901 287-9719, Email:
<a href="/cdn-cgi/l/email-protection#2c5f58495c444942025f4045425f47556c595f484d024b435a"><span class="__cf_email__" data-cfemail="72010617021a171c5c011e1b1c01190b32070116135c151d04">[email protected]</span></a>.
RIN: 0581-AE18
USDA--AMS
Final Rule Stage
4. Transparency in Poultry Grower Contracting and Tournaments (AMS-
FTPP-21-0044) [0581-AE03]
Priority: Other Significant.
Legal Authority: 7 U.S.C. 181 to 229c
CFR Citation: 9 CFR 201.
Legal Deadline: None.
Abstract: This action amends regulations issued under the Packers
and Stockyards Act (P&S Act), revising the list of disclosures and
information live poultry dealers must furnish to poultry growers and
sellers with whom dealers make poultry growing arrangements. The rule
establishes parameters for the use of poultry grower ranking systems by
dealers to determine settlement payments for poultry growers.
Amendments are intended to
[[Page 10982]]
promote transparency in poultry production contracting and to give
poultry growers relevant information with which to make business
decisions.
Statement of Need: Differences in size and imbalances of power
between parties in contractual poultry growing arrangements can have
detrimental effects on one of the contracting parties and may result in
marketplace inefficiencies. An often-cited concern is the live poultry
dealer's full control over inputs, e.g., chick, feed, medication, etc.,
to the poultry growing process. Industry members have asked the
Agricultural Marketing Service (AMS) to address such imbalances by
specifying the conduct that would be considered violative of the
Packers and Stockyards Act (Act).
Summary of Legal Basis: The Agricultural Marketing Service (AMS) is
delegated authority by the Secretary of Agriculture to enforce the P&S
Act. AMS has received numerous complaints regarding the imbalance of
power in poultry growing agreements, wherein one side controls all of
the inputs, then arbitrarily ranks grower performance against other
growers to determine pay.
Alternatives: AMS considered finalizing a 2016 proposed rule that
would have identified criteria for determining whether a live poultry
dealer's use of a grower ranking system for payment purposes might be
unlawful under the Packers and Stockyards Act.
Anticipated Cost and Benefits: USDA estimates the first-year costs
associated with this proposed rule to be $17.37 million. Subsequent
year costs are expected to be significantly less than first-year costs,
resulting in a ten-year total cost of $34.64 million. USDA expects the
primary benefit of the regulation will be the increased ability to
protect poultry growers from unfair practices associated with the use
of poultry grower ranking systems. At the same time, the rule is
expected to improve efficiencies through the use of new technologies
and to reduce market failures among poultry growers.
Risks: Extended litigation over legal challenges from the industry
could result in the rule being struck down by the courts, hindering the
agency's ability to enforce the Act for years.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/08/22 87 FR 34980
NPRM Comment Period End............. 08/08/22 .......................
Notice of Reopening of Comment 08/08/22 87 FR 48091
Period.
NPRM Comment Period End............. 08/23/22
Final Rule.......................... 05/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Michael V. Durando, Deputy Administrator, Fair
Trade Practices Program, Department of Agriculture, Agricultural
Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-
0237, Phone: 202 720-0219.
RIN: 0581-AE03
USDA--AMS
5. Organic Livestock and Poultry Standards (AMS-NOP-21-0073) [0581-
AE06]
Priority: Economically Significant. Major under 5 U.S.C. 801.
Legal Authority: 7 U.S.C. 6501 to 7 U.S.C. 6524
CFR Citation: 7 CFR 205.
Legal Deadline: None.
Abstract: This action establishes additional practice standards for
organic livestock and poultry production. The rule amends the USDA
organic regulations related to: livestock and poultry living conditions
(for example, outdoor access, housing environment, and stocking
densities); animal health care (for example, physical alterations,
administering medical treatment, and euthanasia); animal transport; and
slaughter.
Statement of Need: The Organic Livestock and Poultry Standards
(OLPS) rule is needed to clarify the USDA organic standards for
livestock and poultry living conditions and health practices. The
current regulations for livestock production provide general
requirements but some of these provisions are ambiguous and have led to
inconsistent divergent practices, particularly in the organic poultry
sector. This rule responds to nine recommendations from the National
Organic Standards Board and findings from a USDA Office of Inspector
General (OIG) report. (See USDA, Office of the Inspector General. March
2010. Audit Report 01601-03-Hy, Oversight of the National Organic
Program. Available at: <a href="http://www.usda.gov/oig/rptsauditsams.htm">http://www.usda.gov/oig/rptsauditsams.htm</a>.) This
rule includes provisions to support the expression of natural behaviors
and the welfare of organic livestock and poultry.
Summary of Legal Basis: OLPS is authorized by the Organic Foods
Production Act of 1990 (OFPA), 7 U.S.C. 65016524. OFPA authorizes the
USDA to establish national standards governing the marketing of certain
agricultural products as organically produced products to assure
consumers that organically produced products meet a consistent standard
and to facilitate interstate commerce in fresh and processed food that
is organically produced.
Alternatives: AMS considered several alternatives and presents
these in the rule. AMS presents two compliance date alternatives in the
rule that would affect the costs and benefits of the rule.
Additionally, AMS discusses alternatives to specific policies included
in the rule, including alternative indoor and outdoor space
requirements, and non-regulatory alternatives, including consumer
education or no rule.
Anticipated Cost and Benefits: AMS assumes no costs or benefits are
accumulated for clarifying and codifying existing practices. However,
AMS does expect costs and benefits to occur for organic broiler
production through increased indoor space and for organic broilers and
in egg production through increased outdoor access for layers.
AMS estimates that the discounted costs for layer operations would
range between $3.6 million and $8.4 million annually. To monetize the
benefits of this rule, AMS used research that measured consumers'
willingness-to-pay for outdoor access at a premium of between $0.16 and
$0.25 per dozen eggs, controlling for other factors, including the
organic label. Based on this, AMS estimates the annually discounted
benefits falling between $11.6 million to $27.1 million.
AMS estimates that the total annual discounted costs for broiler
compliance would be between $5.7 million and $6.3 million. The benefits
for broilers are calculated using a willingness-to-pay at a premium of
$0.34/lb. With this willingness-to-pay, the annual discounted benefits
range between $97 million and $107 million.
Qualitatively, AMS also anticipates the rule will establish a clear
standard protecting the value of the USDA organic seal to consumers,
provide a consistent, level playing field for organic livestock
producers, and facilitate enforcement of organic livestock and poultry
standards.
Risks: This rule is similar to the rule published on January 19,
2017 (82 FR 7042). That rule was subsequently withdrawn and never
became effective. The USDA continues to face two legal challenges
related to the withdrawal of that rule. USDA argued in its
[[Page 10983]]
withdrawal of the rule that USDA had no authority under the Organic
Foods Production Act to promulgate the rule, so there is legal risk in
reversing direction and publishing a similar rule.
Publishing a new proposed rule indicated that the USDA is taking
new steps to advance the regulations. This has been viewed favorably by
some, although others would prefer reinstating the January 2017 rule
without the associated steps required to finalize a new rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/09/22 87 FR 48562
NPRM Comment Period End............. 10/11/22
Comment Period Extended............. 10/11/22 87 FR 61268
Comment Period Extended End......... 11/10/22
Final Rule.......................... 04/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Erin Healy, Director, Standards Division, National
Organic Program, Department of Agriculture, Agricultural Marketing
Service, Washington, DC 20024, Phone: 202 617-4942, Email:
<a href="/cdn-cgi/l/email-protection#294c5b404707414c484550695c5a4d48074e465f"><span class="__cf_email__" data-cfemail="8de8ffe4e3a3e5e8ece1f4cdf8fee9eca3eae2fb">[email protected]</span></a>.
Related RIN: Related to 0581-AD44, Related to 0581-AD74, Related to
0581-AD75
RIN: 0581-AE06
USDA--FOOD AND NUTRITION SERVICE (FNS)
Proposed Rule Stage
6. Special Supplemental Nutrition Program for Women, Infants and
Children (WIC): Revisions in the WIC Food Packages [0584-AE82]
Priority: Economically Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 1786, sec. 17(f)(11)(C)
CFR Citation: 7 CFR 246.10.
Legal Deadline: None.
Abstract: This proposed rulemaking would amend regulations
governing the WIC food packages to: (1) incorporate recommendations of
the National Academies of Science, Engineering, and Medicine 2017
scientific report, Review of WIC Food Packages: Improving Balance and
Choice; (2) align with 2020 Dietary Guidelines for Americans; and (3)
make other administrative revisions or clarifications to food package
requirements.
Statement of Need: The National Academies of Sciences, Engineering,
and Medicine (NASEM) issued a 2017 report with recommendations to align
the WIC food packages with the available nutrition science and to
reflect the supplemental nature of the Program. In December 2020, the
USDA and the Department of Health and Human Services released the 2020-
2025 Dietary Guidelines for Americans (DGAs). USDA FNS will propose
rulemaking to incorporate NASEM recommendations and align the food
package with the latest DGAs.
Summary of Legal Basis: 42 U.S.C. 1786, sec. 17(f)(11)(C).
Alternatives: N/A.
Anticipated Cost and Benefits: This is discussed in the Regulatory
Impact Analysis which was published on November 21, 2022 as an appendix
to the rule, available at 87 FR 71090.
Risks: N/A.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/21/22 87 FR 71090
NPRM Comment Period End............. 02/21/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Federal, Local, State.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
Agency Contact: Michael DePiro, Department of Agriculture, Food and
Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone:
703 305-2876, Email: <a href="/cdn-cgi/l/email-protection#177a7e747f76727b397372677e6578576264737639707861"><span class="__cf_email__" data-cfemail="d0bdb9b3b8b1b5bcfeb4b5a0b9a2bf90a5a3b4b1feb7bfa6">[email protected]</span></a>.
Maureen Lydon, Department of Agriculture, Food and Nutrition
Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 457-
7713, Email: <a href="/cdn-cgi/l/email-protection#dab7bbafa8bfbfb4f4b6a3beb5b49aafa9bebbf4bdb5ac"><span class="__cf_email__" data-cfemail="c8a5a9bdbaadada6e6a4b1aca7a688bdbbaca9e6afa7be">[email protected]</span></a>.
RIN: 0584-AE82
USDA--FNS
7. Child Nutrition Programs: Revisions to Meal Patterns Consistent With
the 2020 Dietary Guidelines for Americans [0584-AE88]
Priority: Economically Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 1758, sec. 9(f)(1)
CFR Citation: 7 CFR 210.10; 7 CFR 210.11; 7 CFR 215.7a; 7 CFR
220.8; 7 CFR 226.20; . . .
Legal Deadline: None.
Abstract: This rule will propose long-term school nutrition
standards based on the Dietary Guidelines for Americans, 2020-2025, and
feedback from child nutrition program stakeholders. The proposed
revisions are expected to make school meals more nutritious and more
consistent with the goals of the most recent Dietary Guidelines, as
required by statute. In addition, FNS is merging ``Buy American
Provision in the National School Lunch and School Breakfast Programs''
(0584-AE91),which was listed as a long-term rule on the Fall 2021
Regulatory Agenda, with this rule (0584-AE88). When developing this
proposed rule, FNS will consider comments submitted in response to the
February 2022 final rule, ``Child Nutrition Programs: Transitional
Standards for Milk, Whole Grains, and Sodium'' (0584-AE81). FNS will
also consider comments submitted in response to the August 2021
``Request for Information: Buy American in the National School Lunch
Program and School Breakfast Program,'' including feedback on how FNS
can better support local schools as they strive to purchase domestic
foods and food products.
Statement of Need: The proposed revisions are needed to make school
meals more nutritious and more consistent with the goals of the most
recent Dietary Guidelines, as required by statute.
Summary of Legal Basis: 42 U.S.C. 1758, sec. 9(f)(1).
Alternatives: Alternatives not identified to date.
Anticipated Cost and Benefits: These would be addressed in the
Regulatory Impact Analysis for the rule.
Risks: None known at this time.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/23
------------------------------------------------------------------------
[[Page 10984]]
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: Local, State.
Federalism: Undetermined.
Agency Contact: Michael DePiro, Department of Agriculture, Food and
Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone:
703 305-2876, Email: <a href="/cdn-cgi/l/email-protection#6805010b00090d04460c0d18011a07281d1b0c09460f071e"><span class="__cf_email__" data-cfemail="f5989c969d949099db9190859c879ab580869194db929a83">[email protected]</span></a>.
Maureen Lydon, Department of Agriculture, Food and Nutrition
Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 457-
7713, Email: <a href="/cdn-cgi/l/email-protection#620f03171007070c4c0e1b060d0c22171106034c050d14"><span class="__cf_email__" data-cfemail="7f121e0a0d1a1a115113061b10113f0a0c1b1e51181009">[email protected]</span></a>.
Related RIN: Merged with 0584-AE913
RIN: 0584-AE88
USDA--FNS
8. <bullet> Community Eligibility Provision: Increasing Options for
Schools [0584-AE93]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: 42 U.S.C. 1759a(a)(1)(F)
CFR Citation: 7 CFR 245.9.
Legal Deadline: None.
Abstract: This proposed rule would lower the minimum participation
threshold for Community Eligibility Provision (CEP) elections.
Currently, to elect CEP, a local educational agency (LEA), group of
schools, or individual school must meet a minimum identified student
percentage threshold of 40 percent. This rule would lower the minimum
participation threshold, which would provide an additional option for
LEAs and schools to receive special assistance payments as Federal
reimbursement for meals served to students, in lieu of taking
applications.
Statement of Need: The Community Eligibility Provision (CEP) is an
option for schools to offer no-cost meals to all students without the
burden of collecting household applications. This provision saves local
educational agencies time and money by streamlining paperwork and
administrative requirements and facilitates low-income children's
access to nutritious school meals. Lowering the participation threshold
expands access to CEP and provides greater flexibility to States and
schools that want to use additional State and local funds to provide
no-cost meals to students.
Summary of Legal Basis: Per the Richard B. Russell National School
Lunch Act (42 U.S.C. 1759a(a)(1)(F)(viii)(II)): ``For each school year
beginning on or after July 1, 2014, the Secretary may use a threshold
that is less than 40 percent.''
Alternatives: None.
Anticipated Cost and Benefits: Expanding access to CEP to
additional schools is not expected to measurably increase costs to the
Federal government due to the cost sharing aspect. FNS anticipates that
this provision could impact State and/or local costs. FNS expects that
local educational agencies that choose to elect CEP at lower
eligibility levels will have increased State and/or local obligations.
A cost/benefit analysis will be addressed in the economic analysis
section to be included within the rule.
Risks: No risks have been identified at this time.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Governmental Jurisdictions.
Government Levels Affected: Federal, Local, State, Tribal.
Agency Contact: Michael DePiro, Department of Agriculture, Food and
Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone:
703 305-2876, Email: <a href="/cdn-cgi/l/email-protection#4924202a21282c25672d2c39203b26093c3a2d28672e263f"><span class="__cf_email__" data-cfemail="771a1e141f16121b591312071e0518370204131659101801">[email protected]</span></a>.
Maureen Lydon, Department of Agriculture, Food and Nutrition
Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 457-
7713, Email: <a href="/cdn-cgi/l/email-protection#076a667275626269296b7e636869477274636629606871"><span class="__cf_email__" data-cfemail="1b767a6e697e7e753577627f74755b6e687f7a357c746d">[email protected]</span></a>.
RIN: 0584-AE93
USDA--FNS
Final Rule Stage
9. <bullet> Special Supplemental Nutrition Program for Women, Infants,
and Children (WIC): Implementation of the Access to Baby Formula Act of
2022 and Related Provisions [0584-AE94]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: Pub. L. 117-129
CFR Citation: 7 CFR 246.
Legal Deadline: None.
Abstract: This rule would amend 7 CFR 246 to codify the provisions
of the Access to Baby Formula Act of 2022 (ABFA). ABFA amends Section
17 of the Child Nutrition Act of 1966 to (1) add requirements to State
agency infant formula cost containment contracts; and (2) establish
waiver authority to the Secretary of Agriculture to address certain
emergencies, disasters, and supply chain disruptions impacting WIC. FNS
would make other related technical corrections and updates as necessary
to modernize applicable WIC Program regulations.
Statement of Need: This rule would codify requirements for State
agencies to include language in their WIC infant formula rebate
contracts that describes remedies in the event of an infant formula
recall, including how an infant formula manufacturer would protect
against disruption to program participants in the State (i.e., ensure
that WIC participants can purchase formula using WIC benefits). The
rule would also codify permanent expanded waiver authority to aid
participants in obtaining and redeeming WIC benefits during certain
emergencies, disasters, and supply chain disruptions impacting WIC.
Finally, the rule would make other miscellaneous technical corrections
and updates as necessary to update WIC regulations.
Summary of Legal Basis: The Access to Baby Formula Act of 2022
(ABFA, Pub. L. 117-129) amends section 17 of the Child Nutrition Act of
1966 (Pub. L. 89-642).
Alternatives: No alternatives have been identified at this time.
Anticipated Cost and Benefits: The costs associated with
implementing the rule's regulatory requirements are not expected to
significantly add to current program costs at the State and local
levels.
Risks: No risks have been identified at this time.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule With Comment............. 05/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: Local, State.
Agency Contact: Michael DePiro, Department of Agriculture, Food and
Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314, Phone:
703 305-2876, Email: <a href="/cdn-cgi/l/email-protection#87eaeee4efe6e2eba9e3e2f7eef5e8c7f2f4e3e6a9e0e8f1"><span class="__cf_email__" data-cfemail="e08d89838881858cce84859089928fa095938481ce878f96">[email protected]</span></a>.
Maureen Lydon, Department of Agriculture, Food and Nutrition
Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 457-
7713, Email: <a href="/cdn-cgi/l/email-protection#355854404750505b1b594c515a5b75404651541b525a43"><span class="__cf_email__" data-cfemail="acc1cdd9dec9c9c282c0d5c8c3c2ecd9dfc8cd82cbc3da">[email protected]</span></a>.
RIN: 0584-AE94
[[Page 10985]]
USDA--FOOD SAFETY AND INSPECTION SERVICE (FSIS)
Proposed Rule Stage
10. Voluntary Labeling of Products With ``Product of USA'' and Similar
Statements [0583-AD87]
Priority: Other Significant.
Legal Authority: 21 U.S.C. 601 et seq.; 21 U.S.C. 451 et seq.; 21
U.S.C. 1031 et seq.
CFR Citation: 9 CFR 317.8.
Legal Deadline: None.
Abstract: The Food Safety and Inspection Service (FSIS) is
proposing to amend its regulations to define the conditions under which
the labeling of products can bear voluntary statements indicating that
the product is of United States (U.S.) origin, such as Product of USA
or Made in the USA.
Statement of Need: In 2018 and 2019, FSIS received two petitions
requesting that it change its policy regarding the labeling of meat
products to indicate U.S. origin. After considering the petitions and
the public comments submitted in response to them, FSIS concluded that
adherence to the current labeling policy guidance may be causing
confusion in the marketplace with respect to certain imported products
and that the current labeling policy may no longer meet consumer
expectations of what the Product of USA claim signifies. In 2021, FSIS
received another petition related to its Product of USA policy. The
Agency wants to ensure that any changes to its current policy are
accomplished by an open and transparent process. Therefore, FSIS
commissioned a consumer survey and decided that, instead of changing
the Policy Book entry, it would initiate rulemaking to define the
conditions under which the labeling of FSIS-regulated products would be
permitted to bear voluntary statements indicating that the product is
of U.S. origin.
Summary of Legal Basis: Under the Federal Meat Inspection Act
(FMIA) (21 U.S.C. 601-695, at 607), the Poultry Products Inspection Act
(PPIA) (21 U.S.C. 451-470, at 457), and the Egg Products Inspection Act
(21 U.S.C. 1031-1056, at 1036) (the Acts), the labels of meat, poultry,
and egg products must be approved by the Secretary of Agriculture, who
has delegated this authority to FSIS, before these products can enter
commerce. The Acts prohibit the sale or offer for sale by any person,
firm, or corporation of any article in commerce under any name or other
marking or labeling that is false or misleading or in any container of
a misleading form or size (21 U.S.C. 607(d); 21 U.S.C. 457(c)). The
Acts also prohibit the distribution in commerce of meat or poultry
products that are adulterated or misbranded. The FMIA and PPIA give
FSIS broad authority to promulgate such rules and regulations as are
necessary to carry out the provisions of the Acts (21 U.S.C. 621 and
463(b)).
Alternatives: FSIS has considered the current labeling guidance and
the alternatives proposed in the two petitions: (1) to amend the FSIS
Policy Book to state that FSIS-regulated products may be labeled as
Product of USA only if significant ingredients are of domestic origin
and; (2) to amend the FSIS Policy Book to provide that any FSIS
regulated product labeled as Made in the USA, Product of the USA, USA
Beef or in any other manner that suggests that the origin is the United
States, be derived from animals that have been born, raised, and
slaughtered in the United States. FSIS is conducting a comprehensive
review of origin labeling claims and conducting a consumer perception
survey pursuant to developing the proposed regulations.
Anticipated Cost and Benefits: Establishments may incur costs
associated with voluntarily changing their labels as a result of any
revised Product of USA labeling claim definition. This proposed rule is
expected to benefit consumers as well as producers by providing them
more specific information on what Product of USA means for FSIS-
regulated products.
Risks: N/A.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/22
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Melissa Hammar, Acting Director, Regulations
Development Staff, Department of Agriculture, Food Safety and
Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250-
3700, Phone: 202 720-2096, Email: <a href="/cdn-cgi/l/email-protection#a3cec6cfcad0d0c28dcbc2cecec2d1e3d6d0c7c28dc4ccd5"><span class="__cf_email__" data-cfemail="98f5fdf4f1ebebf9b6f0f9f5f5f9ead8edebfcf9b6fff7ee">[email protected]</span></a>.
RIN: 0583-AD87
USDA--FSIS
11. Labeling of Meat and Poultry Products Made Using Animal Cell
Culture Technology [0583-AD89]
Priority: Other Significant.
Legal Authority: 21 U.S.C. 451 et seq.
CFR Citation: 9 CFR ch. III.
Legal Deadline: None.
Abstract: This notice of proposed rulemaking seeks public comments
to inform future Food Safety and Inspection Service (FSIS) regulations
for the labeling of meat and poultry products made using animal cell
culture technology.
Statement of Need: Many companies, both domestic and foreign, are
currently developing cultured products derived from the cells of food
animals amenable to the Federal Meat Inspection Act (FMIA; 21 U.S.C.
601 et seq.) (cattle, sheep, swine, goats, and fish of the order
Siluriformes, e.g., catfish) or the Poultry Products Inspection Act
(PPIA; 21 U.S.C. 451 et seq.) (chickens, turkeys, ducks, geese,
guineas, ratites, and squabs). Human food products derived from these
species fall under FSIS jurisdiction.
Summary of Legal Basis: The Federal Meat Inspection Act (FMIA; 21
U.S.C. 601 et seq.) and the Poultry Products Inspection Act (PPIA; 21
U.S.C. 451 et seq.) require that meat and poultry products be
truthfully and accurately labeled and that their labels be pre-approved
by FSIS (21 U.S.C. 607(d) and 457(c), respectively), prior to movement
in commerce. FSIS issues labeling regulations and reviews and approves
meat and poultry product labels pursuant to these statutory labeling
requirements. Food products made using animal cell culture technology
and derived from the cells of livestock subject to the FMIA or the PPIA
are subject to the labeling (and other applicable) requirements of
these Acts and the regulations issued thereunder.
Alternatives: FSIS will consider at least three alternatives for
the rule: (1) Adopting a naming convention that is preferred by
cellular agriculture industry; (2) Adopting a naming convention that is
preferred by traditional agriculture industry; (3) Adopting a naming
convention that is preferred by consumers groups.
Anticipated Cost and Benefits: This proposed rule would benefit the
public by providing truthful and accurate labeling of meat and poultry
products produced using animal cell culture technology.
FSIS expects its costs to be minimal and that current FSIS staffing
would meet sketch approval needs.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 09/03/21 86 FR 49491
ANPRM Comment Period End............ 12/02/21
NPRM................................ 08/00/23
------------------------------------------------------------------------
[[Page 10986]]
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Melissa Hammar, Acting Director, Regulations
Development Staff, Department of Agriculture, Food Safety and
Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250-
3700, Phone: 202 720-2096, Email: <a href="/cdn-cgi/l/email-protection#4e232b22273d3d2f60262f23232f3c0e3b3d2a2f60292138"><span class="__cf_email__" data-cfemail="533e363f3a2020327d3b323e3e322113262037327d343c25">[email protected]</span></a>.
RIN: 0583-AD89
USDA--FSIS
Final Rule Stage
12. Revision of the Nutrition Facts Panels for Meat and Poultry
Products and Updating Certain Reference Amounts Customarily Consumed
[0583-AD56]
Priority: Other Significant.
Legal Authority: 21 U.S.C. 601 et seq.; 21 U.S.C. 451 et seq.
CFR Citation: 9 CFR 317; 9 CFR 381; 9 CFR 413.
Legal Deadline: None.
Abstract: Consistent with the changes that the Food and Drug
Administration (FDA) finalized, the Food Safety and Inspection Service
(FSIS) is amending the Federal meat and poultry products inspection
regulations to update and revise the nutrition labeling requirements
for meat and poultry products to reflect recent scientific research and
dietary recommendations and to improve the presentation of nutrition
information to assist consumers in maintaining healthy dietary
practices.
Statement of Need: On May 27, 2016, the Food and Drug
Administration (FDA) published two final rules: (1) ``Food Labeling:
Revision of the Nutrition and Supplement Facts Labels'' (81 FR 33742);
and (2) ``Food Labeling: Serving Sizes of Foods that Can Reasonably be
Consumed at One Eating Occasion; Dual-Column Labeling; Updating,
Modifying, and Establishing Certain Reference Amounts Customarily
Consumed; Serving Size for Breath Mints; and Technical Amendments'' (81
FR 34000). FDA finalized these rules to update the Nutrition Facts
label to reflect new nutrition and public health research, to reflect
recent dietary recommendations from expert groups, and to improve the
presentation of nutrition information to help consumers make more
informed choices and maintain healthy dietary practices. FSIS has
reviewed FDA's analysis and, to ensure that nutrition information is
presented consistently across the food supply, FSIS is amending the
nutrition labeling regulations for meat and poultry products to
parallel, to the extent possible, FDA's regulations. This approach will
help increase clarity of information for consumers and will improve
efficiency in the marketplace.
Summary of Legal Basis: Under the Federal Meat Inspection Act
(FMIA) (21 U.S.C. 601-695, at 607), the Poultry Products Inspection Act
(PPIA) (21 U.S.C. 451-470, at 457), and the Egg Products Inspection Act
(21 U.S.C. 1031-1056, at 1036) (the Acts), the labels of meat, poultry,
and egg products must be approved by the Secretary of Agriculture, who
has delegated this authority to FSIS, before these products can enter
commerce. The Acts prohibit the sale or offer for sale by any person,
firm, or corporation of any article in commerce under any name or other
marking or labeling that is false or misleading or in any container of
a misleading form or size (21 U.S.C. 607(d); 21 U.S.C. 457(c)). The
Acts also prohibit the distribution in commerce of meat or poultry
products that are adulterated or misbranded. The FMIA and PPIA give
FSIS broad authority to promulgate such rules and regulations as are
necessary to carry out the provisions of the Acts (21 U.S.C. 621 and
463(b)).
To prevent meat and poultry products from being misbranded, the
meat and poultry product inspection regulations require that the labels
of meat and poultry products include specific information, such as
nutrition labels, and that such information be displayed as prescribed
in the regulations (9 CFR part 317 and part 381). The nutrition
labeling requirements for meat and meat food products are in 9 CFR
317.300-317.400, and the nutrition labeling requirements for poultry
products are in 9 CFR 381.400-381.500.
Alternatives: FSIS considered three alternatives for the final
rule: (1.) No action; (2.) A 24-month compliance period for large
businesses and a 36-month compliance period for small businesses (as
proposed); or (3.) A 12-month compliance period for large businesses
and a 24-month compliance period for small businesses for faster label
harmonization.
Anticipated Cost and Benefits: These regulations are expected to
benefit consumers by increasing and improving dietary information
available in the market. Firms will incur a one-time cost for
relabeling, recordkeeping costs, and costs associated with voluntary
reformulation. Many firms have voluntarily begun using the FDA format,
which will reduce costs.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/19/17 82 FR 6732
NPRM Comment Period End............. 04/19/17
Final Action........................ 06/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Melissa Hammar, Acting Director, Regulations
Development Staff, Department of Agriculture, Food Safety and
Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250-
3700, Phone: 202 720-2096, Email: <a href="/cdn-cgi/l/email-protection#016c646d687272602f69606c6c607341747265602f666e77"><span class="__cf_email__" data-cfemail="f9949c95908a8a98d791989494988bb98c8a9d98d79e968f">[email protected]</span></a>.
RIN: 0583-AD56
USDA--FSIS
13. Prior Label Approval System: Expansion of Generic Label Approval
[0583-AD78]
Priority: Other Significant.
Legal Authority: 21 U.S.C. 601 et seq.; 21 U.S.C. 451 et seq.; 21
U.S.C. 1031 et seq.
CFR Citation: 9 CFR 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, poultry, and
egg 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, poultry,
and egg product labeling.
Summary of Legal Basis: The Acts direct the Secretary of
Agriculture to maintain meat, poultry, and egg 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:
[[Page 10987]]
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 and the Egg Products Inspection Act contain
similar language in section 21 U.S.C. 457(c) and 1036(b), respectively.
Alternatives: FSIS considered three alternatives for the 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' 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 will
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.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/14/20 85 FR 56538
NPRM Comment Period End............. 11/13/20
Final Rule.......................... 01/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Melissa Hammar, Acting Director, Regulations
Development Staff, Department of Agriculture, Food Safety and
Inspection Service, 1400 Independence Avenue SW, Washington, DC 20250-
3700, Phone: 202 720-2096, Email: <a href="/cdn-cgi/l/email-protection#6e030b02071d1d0f40060f03030f1c2e1b1d0a0f40090118"><span class="__cf_email__" data-cfemail="aec3cbc2c7ddddcf80c6cfc3c3cfdceedbddcacf80c9c1d8">[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 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.
[[Page 10988]]
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, NOAAmay 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 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.
[[Page 10989]]
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
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
[[Page 10990]]
protection for U.S. innovators and entrepreneurs worldwide by working
with ther 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
[…truncated; see source link]Indexed from Federal Register on February 22, 2023.
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.