Proposed Rule2024-00476
Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2023
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 9, 2024
Issuing agencies
Regulatory Information Service Center
Abstract
Publication of the Fall 2023 Unified Agenda of Federal Regulatory and Deregulatory Actions represents a key component of the regulatory planning mechanism prescribed in Executive Order ("E.O.") 12866, "Regulatory Planning and Review," (58 FR 51735, as amended) and reaffirmed in E.O. 13563, "Improving Regulation and Regulatory Review," (76 FR 3821) and E.O. 14094, "Modernizing Regulatory Review," (88 FR 21879). The Regulatory Flexibility Act requires that agencies publish semiannual regulatory agendas in the Federal Register describing regulatory actions they are developing that may have a significant economic impact on a substantial number of small entities (5 U.S.C. 602). The Unified Agenda of Federal Regulatory and Deregulatory Actions (Unified Agenda), published in the fall and spring, helps agencies fulfill all of these requirements. All Federal regulatory agencies have chosen to publish their regulatory agendas as part of this publication. The complete publication of the Fall 2023 Unified Agenda contains the Regulatory Plans of 29 Federal agencies and 69 Federal agency regulatory agendas available to the public at www.reginfo.gov. The Fall 2023 Unified Agenda publication appearing in the Federal Register includes the Regulatory Plan and agency Regulatory Flexibility Agendas, in accordance with the publication requirements of the Regulatory Flexibility Act. Agency Regulatory Flexibility Agendas contain only those Agenda entries for rules that are likely to have a significant economic impact on a substantial number of small entities and entries that have been selected for periodic review under section 610 of the Regulatory Flexibility Act.
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[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Proposed Rules]
[Pages 9292-9537]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00476]
[[Page 9291]]
Vol. 89
Friday,
No. 28
February 9, 2024
Part II
Regulatory Information Service Center
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Introduction to the Unified Agenda of Federal Regulatory and
Deregulatory Actions--Fall 2023
Federal Register / Vol. 89 , No. 28 / Friday, February 9, 2024 / UA:
Reg Flex Agenda
[[Page 9292]]
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REGULATORY INFORMATION SERVICE CENTER
Introduction to the Unified Agenda of Federal Regulatory and
Deregulatory Actions--Fall 2023
AGENCY: Regulatory Information Service Center.
ACTION: Introduction to the Unified Agenda of Federal Regulatory and
Deregulatory Actions.
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SUMMARY: Publication of the Fall 2023 Unified Agenda of Federal
Regulatory and Deregulatory Actions represents a key component of the
regulatory planning mechanism prescribed in Executive Order (``E.O.'')
12866, ``Regulatory Planning and Review,'' (58 FR 51735, as amended)
and reaffirmed in E.O. 13563, ``Improving Regulation and Regulatory
Review,'' (76 FR 3821) and E.O. 14094, ``Modernizing Regulatory
Review,'' (88 FR 21879). The Regulatory Flexibility Act requires that
agencies publish semiannual regulatory agendas in the Federal Register
describing regulatory actions they are developing that may have a
significant economic impact on a substantial number of small entities
(5 U.S.C. 602). The Unified Agenda of Federal Regulatory and
Deregulatory Actions (Unified Agenda), published in the fall and
spring, helps agencies fulfill all of these requirements. All Federal
regulatory agencies have chosen to publish their regulatory agendas as
part of this publication. The complete publication of the Fall 2023
Unified Agenda contains the Regulatory Plans of 29 Federal agencies and
69 Federal agency regulatory agendas available to the public at
<a href="http://www.reginfo.gov">www.reginfo.gov</a>.
The Fall 2023 Unified Agenda publication appearing in the Federal
Register includes the Regulatory Plan and agency Regulatory Flexibility
Agendas, in accordance with the publication requirements of the
Regulatory Flexibility Act. Agency Regulatory Flexibility Agendas
contain only those Agenda entries for rules that are likely to have a
significant economic impact on a substantial number of small entities
and entries that have been selected for periodic review under section
610 of the Regulatory Flexibility Act.
ADDRESSES: Regulatory Information Service Center (MV), General Services
Administration, 1800 F Street NW, Washington, DC 20405.
FOR FURTHER INFORMATION CONTACT: For further information about specific
regulatory actions, please refer to the agency contact listed for each
entry. To provide comment on or to obtain further information about
this publication, contact: Boris Arratia, Director, Regulatory
Information Service Center (MV), General Services Administration, 1800
F Street NW, Washington, DC 20405, 703-795-0816. You may also send
comments to us by email at: <a href="/cdn-cgi/l/email-protection#d3819a809093b4a0b2fdb4bca5"><span class="__cf_email__" data-cfemail="b7e5fee4f4f7d0c4d699d0d8c1">[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 2023 Regulatory Plan
Agency Regulatory Plans
Cabinet Departments
Department of Agriculture
Department of Commerce
Department of Defense
Department of Education
Department of Energy
Department of Health and Human Services
Department of Homeland Security
Department of Housing and Urban Development
Department of the Interior
Department of Justice
Department of Labor
Department of Transportation
Department of the Treasury
Department of Veterans Affairs
Other Executive Agencies
Corporation for National and Community Service
Environmental Protection Agency
Equal Employment Opportunity Commission
General Services Administration
National Archives and Records Administration
National Archives and Records Administration
National Science Foundation
Office of Personnel Management
Pension Benefit Guaranty Corporation
Small Business Administration
Social Security Administration
Joint Authority
Department of Defense/General Services Administration/National
Aeronautics and Space Administration (Federal Acquisition
Regulation)
Independent Regulatory Agencies
Consumer Product Safety Commission
Federal Trade Commission
Nuclear Regulatory Commission
Regulatory Flexibility Agendas
Cabinet Departments
Department of Agriculture
Department of Commerce
Department of Defense
Department of Education
Department of Energy
Department of Health and Human Services
Department of Homeland Security
Department of the Interior
Department of Justice
Department of Labor
Department of Transportation
Department of the Treasury
Other Executive Agencies
Architectural and Transportation Barriers Compliance Board
Environmental Protection Agency
General Services Administration
Small Business Administration
Joint Authority
Department of Defense/General Services Administration/National
Aeronautics and Space Administration (Federal Acquisition
Regulation)
Independent Regulatory Agencies
Consumer Financial Protection Bureau
Consumer Product Safety Commission
Federal Communications Commission
Federal Reserve System
National Labor Relations Board
Nuclear Regulatory Commission
Securities and Exchange Commission
Surface Transportation Board
Introduction to the Regulatory Plan and Unified Agenda of Federal
Regulatory and Deregulatory Actions
I. What are the Regulatory Plan and the Unified Agenda?
The Regulatory Plan serves as a defining statement of the
Administration's regulatory and deregulatory policies and priorities.
The Plan is part of the fall edition of the Unified Agenda. Each
participating agency's regulatory plan contains: (1) A narrative
statement of the agency's regulatory and deregulatory priorities, and,
for the most part; and (2) a description of the most important
significant regulatory and deregulatory actions that the agency
reasonably expects to issue in proposed or final form during the
upcoming fiscal year. This edition includes the regulatory plans of 29
agencies.
The Unified Agenda provides information about regulations that the
Government is considering or reviewing. The Unified Agenda has appeared
in the Federal Register twice each year since 1983 and has been
available online since 1995. The complete Unified Agenda is available
to the public at <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 dating back to
[[Page 9293]]
1995. The complete online edition of the Unified Agenda includes
regulatory agendas from 69 Federal agencies. Agencies of the United
States Congress are not included.
The Fall 2023 Unified Agenda publication appearing in the Federal
Register consists of the Regulatory Plan and Regulatory Flexibility
Agendas, in accordance with the publication requirements of the
Regulatory Flexibility Act. Agency Regulatory Flexibility Agendas
contain only those Agenda entries for rules that are likely to have a
significant economic impact on a substantial number of small entities
and entries that have been selected for periodic review under section
610 of the Regulatory Flexibility Act. Printed entries display only the
fields required by the Regulatory Flexibility Act. Complete Unified
Agenda information for those entries appears online in a uniform format
at <a href="http://www.reginfo.gov">www.reginfo.gov</a>.
The following agencies have no entries identified for inclusion in
the printed Regulatory Flexibility Agenda. An asterisk (*) indicates
agencies that appear in The Regulatory Plan. The regulatory agendas of
these agencies are available to the public at <a href="http://www.reginfo.gov">www.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
Committee for Purchase From People Who Are Blind or Severely
Disabled
Corporation for National and Community Service*
Council on Environmental Quality
Court Services and Offender Supervision Agency for the District of
Columbia
Equal Employment Opportunity Commission*
Federal Mediation Conciliation Service
Institute of Museum and Library Services
Inter-American Foundation
National Aeronautics and Space Administration*
National Archives and Records Administration*
National Endowment for the Arts
National Endowment for the Humanities
National Mediation Board
National Science Foundation*
Office of Government Ethics
Office of Management and Budget
Office of the National Cyber Director
Office of Personnel Management*
Office of the United States Trade Representative
Peace Corps
Pension Benefit Guaranty Corporation*
Railroad Retirement Board
Selective Service System
Social Security Administration*
U.S. Agency for Global Media
Independent Agencies
Commodity Futures Trading Commission
Defense Nuclear Facilities Safety Board
Farm Credit Administration
Federal Deposit Insurance Corporation
Federal Energy Regulatory Commission
Federal Housing Finance Agency
Federal Maritime Commission
Federal Mine Safety and Health Review Commission
Federal Permitting Improvement Steering Council
Federal Trade Commission*
National Credit Union Administration
National Indian Gaming Commission
National Transportation Safety Board
Postal Regulatory Commission
U.S. Chemical Safety and Hazard Investigation Board
The Regulatory Information Service Center compiles the Unified
Agenda for the Office of Information and Regulatory Affairs (OIRA),
part of the Office of Management and Budget. OIRA is responsible for
overseeing the Federal Government's regulatory, paperwork, and
information resource management activities, including implementation of
Executive Order 12866, as amended (incorporated in Executive Order
13563). The Center also provides information about Federal regulatory
activity to the President and his Executive Office, the Congress,
agency officials, and the public.
The activities included in the Agenda are, in general, those that
will have a regulatory action within the next 12 months. Agencies may
choose to include activities that will have a longer timeframe than 12
months. Agency agendas also show actions or reviews completed or
withdrawn since the last Unified Agenda. Executive Order 12866, as
amended, does not require agencies to include regulations concerning
military or foreign affairs functions or regulations related to agency
organization, management, or personnel matters.
Agencies prepared entries for this publication to give the public
notice of their plans to review, propose, and issue regulations. They
have tried to predict their activities over the next 12 months as
accurately as possible, but dates and schedules are subject to change.
Agencies may withdraw some of the regulations now under development,
and they may issue or propose other regulations not included in their
agendas. Agency actions in the rulemaking process may occur before or
after the dates they have listed. The Unified Agenda does not create a
legal obligation on agencies to adhere to schedules in this publication
or to confine their regulatory activities to those regulations that
appear within it.
II. Why are the Regulatory Plan and the Unified Agenda published?
The Regulatory Plan and the Unified Agenda helps agencies comply
with their obligations under the Regulatory Flexibility Act and various
Executive orders and other statutes.
Regulatory Flexibility Act
The Regulatory Flexibility Act requires agencies to identify those
rules that may have a significant economic impact on a substantial
number of small entities (5 U.S.C. 602). Agencies meet that requirement
by including the information in their submissions for the Unified
Agenda. Agencies may also indicate those regulations that they are
reviewing as part of their periodic review of existing rules under the
Regulatory Flexibility Act (5 U.S.C. 610). Executive Order 13272,
``Proper Consideration of Small Entities in Agency Rulemaking,'' signed
August 13, 2002 (67 FR 53461), provides additional guidance on
compliance with the Act.
Executive Order 12866
Executive Order 12866, ``Regulatory Planning and Review,''
September 30, 1993 (58 FR 51735), as amended, requires covered agencies
to prepare an agenda of all regulations under development or review.
The Order also requires that certain agencies prepare annually a
regulatory plan of their ``most important significant regulatory
actions,'' which appears as part of the fall Unified Agenda. Executive
Order 13497, signed January 30, 2009 (74 FR 6113), revoked the
amendments to Executive Order 12866 that were contained in Executive
Order 13258 and Executive Order 13422.
Executive Order 14094
Executive Order (E.O.) 14094, ``Modernizing Regulatory Review,''
April 6, 2023 (88 FR 21879) sets forth specific actions for Federal
agencies and OIRA designed to modernize the regulatory process in order
to advance policies that promote the public interest and address
national priorities. E.O. 14094, among other things, amends Section
3(f)(1) of E.O. 12866 (Regulatory Planning and Review) to increase the
monetary threshold for significance under that provision, amends
Section 3(f)(4) to clarify what is significant under that provision,
and encourages greater public participation during all stages of the
regulatory process.
Executive Order 13563
Executive Order 13563, ``Improving Regulation and Regulatory
Review,'' January 18, 2011 (76 FR 3821) supplements and reaffirms the
[[Page 9294]]
principles, structures, and definitions governing contemporary
regulatory review that were established in Executive Order 12866, which
includes the general principles of regulation and public participation,
and orders integration and innovation in coordination across agencies;
flexible approaches where relevant, feasible, and consistent with
regulatory approaches; scientific integrity in any scientific or
technological information and processes used to support the agencies'
regulatory actions; and retrospective analysis of existing regulations.
Executive Order 13132
Executive Order 13132, ``Federalism,'' August 4, 1999 (64 FR
43255), directs agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have ``federalism
implications'' as defined in the Order. Under the Order, an agency that
is proposing a regulation with federalism implications, which either
preempt State law or impose non-statutory unfunded substantial direct
compliance costs on State and local governments, must consult with
State and local officials early in the process of developing the
regulation. In addition, the agency must provide to the Director of the
Office of Management and Budget a federalism summary impact statement
for such a regulation, which consists of a description of the extent of
the agency's prior consultation with State and local officials, a
summary of their concerns and the agency's position supporting the need
to issue the regulation, and a statement of the extent to which those
concerns have been met. As part of this effort, agencies include in
their submissions for the Unified Agenda information on whether their
regulatory actions may have an effect on the various levels of
government and whether those actions have federalism implications.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, title II)
requires agencies to prepare written assessments of the costs and
benefits of significant regulatory actions ``that may result in the
expenditure by State, local, and tribal governments, in the aggregate,
or by the private sector, of $100,000,000 or more in any 1 year.'' The
requirement does not apply to independent regulatory agencies, nor does
it apply to certain subject areas excluded by section 4 of the Act.
Affected agencies identify in the Unified Agenda those regulatory
actions they believe are subject to title II of the Act.
Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' May 18,
2001 (66 FR 28355), directs agencies to provide, to the extent
possible, information regarding the adverse effects that agency actions
may have on the supply, distribution, and use of energy. Under the
Order, the agency must prepare and submit a Statement of Energy Effects
to the Administrator of the Office of Information and Regulatory
Affairs, Office of Management and Budget, for ``those matters
identified as significant energy actions.'' As part of this effort,
agencies may optionally include in their submissions for the Unified
Agenda information on whether they have prepared or plan to prepare a
Statement of Energy Effects for their regulatory actions.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (Pub. L.
104-121, title II) established a procedure for congressional review of
rules (5 U.S.C. 801 et seq.), which defers, unless exempted, the
effective date of a ``major'' rule for at least 60 days from the
publication of the final rule in the Federal Register. The Act
specifies that a rule is ``major'' if it has resulted, or is likely to
result, in an annual effect on the economy of $100 million or more or
meets other criteria specified in that Act. The Act provides that the
Administrator of OIRA will make the final determination as to whether a
rule is major.
III. How are the Regulatory Plan and the Unified Agenda organized?
The Regulatory Plan appears in part II in a daily edition of the
Federal Register. The Plan is a single document beginning with an
introduction, followed by a table of contents, followed by each
agency's section of the Plan. Following the Plan in the Federal
Register, as separate parts, are the Regulatory Flexibility Agendas for
each agency whose agenda includes entries for rules which are likely to
have a significant economic impact on a substantial number of small
entities or rules that have been selected for periodic review under
section 610 of the Regulatory Flexibility Act. Each printed agenda
appears as a separate part. The sections of the Plan and the parts of
the Unified Agenda are organized alphabetically in four groups: Cabinet
departments; other executive agencies; the Federal Acquisition
Regulation, a joint authority (Agenda only); and independent regulatory
agencies. Agencies may in turn be divided into subagencies. Each
printed agency agenda has a table of contents listing the agency's
printed entries that follow. Each agency's part of the Agenda contains
a preamble providing information specific to that agency. Each printed
agency agenda has a table of contents listing the agency's printed
entries that follow.
Each agency's section of the Plan contains a narrative statement of
regulatory priorities and, for most agencies, a description of the
agency's most important significant regulatory and deregulatory
actions. Each agency's part of the Agenda contains a preamble providing
information specific to that agency plus descriptions of the agency's
regulatory and deregulatory actions.
Agency regulatory flexibility agendas are printed in a single daily
edition of the Federal Register. A regulatory flexibility agenda is
printed for each agency whose agenda includes entries for rules which
are likely to have a significant economic impact on a substantial
number of small entities or rules that have been selected for periodic
review under section 610 of the Regulatory Flexibility Act. Each
printed agenda appears as a separate part. The parts are organized
alphabetically in four groups: Cabinet departments; other executive
agencies; the Federal Acquisition Regulation, a joint authority; and
independent regulatory agencies. Agencies may in turn be divided into
sub-agencies. Each agency's part of the Agenda contains a preamble
providing information specific to that agency. Each printed agency
agenda has a table of contents listing the agency's printed entries
that follow.
The online, complete Unified Agenda contains the preambles of all
participating agencies. Unlike the printed edition, the online Agenda
has no fixed ordering. In the online Agenda, users can select the
particular agencies' agendas they want to see. Users have broad
flexibility to specify the characteristics of the entries of interest
to them by choosing the desired responses to individual data fields. To
see a listing of all of an agency's entries, a user can select the
agency without specifying any particular characteristics of entries.
Each entry in the Agenda is associated with one of five rulemaking
stages. The rulemaking stages are:
1. Prerule Stage--actions agencies will undertake to determine
whether or how to initiate rulemaking. Such actions occur prior to a
Notice of Proposed Rulemaking (NPRM) and may include
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Advance Notices of Proposed Rulemaking (ANPRMs) and reviews of existing
regulations.
2. Proposed Rule Stage--actions for which agencies plan to publish
a Notice of Proposed Rulemaking as the next step in their rulemaking
process or for which the closing date of the NPRM Comment Period is the
next step.
3. Final Rule Stage--actions for which agencies plan to publish a
final rule or an interim final rule or to take other final action as
the next step.
4. Long-Term Actions--items under development but for which the
agency does not expect to have a regulatory action within the 12 months
after publication of this edition of the Unified Agenda. Some of the
entries in this section may contain abbreviated information.
5. Completed Actions--actions or reviews the agency has completed
or withdrawn since publishing its last agenda. This section also
includes items the agency began and completed between issues of the
Agenda.
Long-Term Actions are rulemakings reported during the publication
cycle that are outside of the required 12-month reporting period for
which the Agenda was intended. Completed Actions in the publication
cycle are rulemakings that are ending their lifecycle either by
Withdrawal or completion of the rulemaking process. Therefore, the
Long-Term and Completed RINs do not represent the ongoing, forward-
looking nature intended for reporting developing rulemakings in the
Agenda pursuant to Executive Order 12866, section 4(b) and 4(c). To
further differentiate these two stages of rulemaking in the Unified
Agenda from active rulemakings, Long-Term and Completed Actions are
reported separately from active rulemakings, which can be any of the
first three stages of rulemaking listed above. A separate search
function is provided on <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 and Section 3(f)(1) Significant
On April 6, 2023, the President issued E.O. 14904 entitled
``Modernizing Regulatory Review.'' E.O. 14904 amends Section 3(f)(1) of
E.O. 12866 to increase the monetary threshold for significance under
this provision from $100 million to $200 million in annual effects and
directs that it be adjusted for GDP growth every three years. For
rulemaking actions that were in development prior to the issuance of
E.O. 14904, the Agenda largely uses the previous nomenclature of
``economically significant'' to indicate rulemaking actions expected to
have an annual effect on the economy of $100 million or more, the
threshold in E.O. 12866 prior to April 6, 2023. For rulemaking actions
which were submitted for OIRA review after the issuance of the E.O.
14904 on April 6, 2023 and are expected to have an annual effect on the
economy of $200 million or more, the term ``Section 3(f)(1)
Significant'' is used and will continue to be used in future Unified
Agendas. The amended definition of ``Section 3(f)(1) Significant''
under Executive Order 12866 is a rulemaking action that will ``have an
annual effect on the economy of $200 million or more (adjusted every 3
years by the Administrator of OIRA for changes in gross domestic
product); or will adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities.''
(2) Other Significant
A rulemaking that is not Economically Significant but is considered
Significant by the agency. This category includes rules that the agency
anticipates will be reviewed under Executive Order 12866, as amended,
or rules that are a priority of the agency head. These rules may or may
not be included in the agency's regulatory plan.
(3) Substantive, Nonsignificant
A rulemaking that has substantive impacts, but is neither
Significant, nor Routine and Frequent, nor Informational/
Administrative/Other.
(4) Routine and Frequent
A rulemaking that is a specific case of a multiple recurring
application of a regulatory program in the Code of Federal Regulations
and that does not alter the body of the regulation.
(5) Informational/Administrative/Other
A rulemaking that is primarily informational or pertains to agency
matters not central to accomplishing the agency's regulatory mandate
but that the agency places in the Unified Agenda to inform the public
of the activity.
Major--whether the rule is ``major'' under 5 U.S.C. 801 (Pub. L.
104-121) because it has resulted or is likely to result in an annual
effect on the economy of $100 million or more or meets other criteria
specified in that Act. The Act provides that the Administrator of the
Office of Information and Regulatory Affairs will make the final
determination as to whether a rule is major.
[[Page 9296]]
Unfunded Mandates--whether the rule is covered by section 202 of
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The Act
requires that, before issuing an NPRM likely to result in a mandate
that may result in expenditures by State, local, and tribal
governments, in the aggregate, or by the private sector of more than
$100 million in 1 year, agencies, other than independent regulatory
agencies, shall prepare a written statement containing an assessment of
the anticipated costs and benefits of the Federal mandate.
Legal Authority--the section(s) of the United States Code (U.S.C.)
or Public Law (Pub. L.) or the Executive order (E.O.) that authorize(s)
the regulatory action. Agencies may provide popular name references to
laws in addition to these citations.
CFR Citation--the section(s) of the Code of Federal Regulations
that will be affected by the action.
Legal Deadline--whether the action is subject to a statutory or
judicial deadline, the date of that deadline, and whether the deadline
pertains to an NPRM, a Final Action, or some other action.
Abstract--a brief description of the problem the regulation will
address; the need for a Federal solution; to the extent available,
alternatives that the agency is considering to address the problem; and
potential costs and benefits of the action.
Timetable--the dates and citations (if available) for all past
steps and a projected date for at least the next step for the
regulatory action. A date displayed in the form 12/00/19 means the
agency is predicting the month and year the action will take place but
not the day it will occur. In some instances, agencies may indicate
what the next action will be, but the date of that action is ``To Be
Determined.'' ``Next Action Undetermined'' indicates the agency does
not know what action it will take next.
Regulatory Flexibility Analysis Required--whether an analysis is
required by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
because the rulemaking action is likely to have a significant economic
impact on a substantial number of small entities as defined by the Act.
Small Entities Affected--the types of small entities (businesses,
governmental jurisdictions, or organizations) on which the rulemaking
action is likely to have an impact as defined by the Regulatory
Flexibility Act. Some agencies have chosen to indicate likely effects
on small entities even though they believe that a Regulatory
Flexibility Analysis will not be required.
Government Levels Affected--whether the action is expected to
affect levels of government and, if so, whether the governments are
State, local, tribal, or Federal.
International Impacts--whether the regulation is expected to have
international trade and investment effects, or otherwise may be of
interest to the Nation's international trading partners.
Federalism--whether the action has ``federalism implications'' as
defined in Executive Order 13132. This term refers to actions ``that
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.''
Independent regulatory agencies are not required to supply this
information.
Included in the Regulatory Plan--whether the rulemaking was
included in the agency's current regulatory plan published in the fall
2022.
Agency Contact--the name and phone number of at least one person in
the agency who is knowledgeable about the rulemaking action. The agency
may also provide the title, address, fax number, email address, and TDD
for each agency contact.
Some agencies have provided the following optional information:
RIN Information URL--the internet address of a site that provides
more information about the entry.
Public Comment URL--the internet address of a site that will accept
public comments on the entry.
Alternatively, timely public comments may be submitted at the
Governmentwide e-rulemaking site, <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
[[Page 9297]]
of meetings, and other official documents issued by Federal agencies.
FY--The Federal fiscal year runs from October 1 to September 30.
NPRM--A Notice of Proposed Rulemaking is the document an agency
issues and publishes in the Federal Register that describes and
solicits public comments on a proposed regulatory action. Under the
Administrative Procedure Act (5 U.S.C. 553), an NPRM must include, at a
minimum: A statement of the time, place, and nature of the public
rulemaking proceeding;
Legal Authority--A reference to the legal authority under which the
rule is proposed; and either the terms or substance of the proposed
rule or a description of the subjects and issues involved.
Public Law--A public law is a law passed by Congress and signed by
the President or enacted over his veto. It has general applicability,
unlike a private law that applies only to those persons or entities
specifically designated. Public laws are numbered in sequence
throughout the 2-year life of each Congress; for example, Public Law
112-4 is the fourth public law of the 112th Congress.
RFA--A Regulatory Flexibility Analysis is a description and
analysis of the impact of a rule on small entities, including small
businesses, small governmental jurisdictions, and certain small not-
for-profit organizations. The Regulatory Flexibility Act (5 U.S.C. 601
et seq.) requires each agency to prepare an initial RFA for public
comment when it is required to publish an NPRM and to make available a
final RFA when the final rule is published, unless the agency head
certifies that the rule would not have a significant economic impact on
a substantial number of small entities.
RIN--The Regulation Identifier Number is assigned by the Regulatory
Information Service Center to identify each regulatory action listed in
the Regulatory Plan and the Unified Agenda, as directed by Executive
Order 12866 (section 4(b)). Additionally, OMB has asked agencies to
include RINs in the headings of their Rule and Proposed Rule documents
when publishing them in the Federal Register, to make it easier for the
public and agency officials to track the publication history of
regulatory actions throughout their development.
Seq. No.--The sequence number identifies the location of an entry
in the printed edition of the Regulatory Plan and the Unified Agenda.
Note that a specific regulatory action will have the same RIN
throughout its development but will generally have different sequence
numbers if it appears in different printed editions of the Unified
Agenda. Sequence numbers are not used in the online Unified Agenda.
U.S.C.--The United States Code is a consolidation and codification
of all general and permanent laws of the United States. The U.S.C. is
divided into 50 titles, each title covering a broad area of Federal
law.
VI. How can users get copies of the Unified Agenda?
Copies of the Federal Register issue containing the printed edition
of the Unified Agenda (agency regulatory flexibility agendas) are
available from the Superintendent of Documents, U.S. Government
Publishing Office, P.O. Box 371954, Pittsburgh, PA 15250-7954.
Telephone: (202) 512-1800 or 1-866-512-1800 (toll-free). Copies of
individual agency materials may be available directly from the agency
or may be found on the agency's website. Please contact the particular
agency for further information. All editions of The Regulatory Plan and
the Unified Agenda of Federal Regulatory and Deregulatory Actions since
fall 1995 are available in electronic form at <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>.
Boris Arratia,
Director.
Department of Agriculture
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
1............................. Unfair Practices, Undue 0581-AE04 Proposed Rule Stage.
Preferences, and Harm to
Competition Under the
Packers and Stockyards
Act (AMS-FTPP-21-0046).
2............................. Inclusive Competition and 0581-AE05 Final Rule Stage.
Market Integrity Under
the Packers and
Stockyards Act (AMS-FTPP-
21-0045).
3............................. Special Supplemental 0584-AE82 Final Rule Stage.
Nutrition Program for
Women, Infants and
Children (WIC):
Revisions in the WIC
Food Packages.
4............................. Child Nutrition Programs: 0584-AE88 Final Rule Stage.
Revisions to Meal
Patterns Consistent With
the 2020 Dietary
Guidelines for Americans.
5............................. Special Supplemental 0584-AE94 Final Rule Stage.
Nutrition Program for
Women, Infants, and
Children (WIC):
Implementation of the
Access to Baby Formula
Act of 2022 and Related
Provisions.
6............................. Interim Final Rule-- 0584-AE96 Final Rule Stage.
Implementing Provisions
From the Consolidated
Appropriations Act,
2023: Establishing the
Summer EBT Program and
Non-Congregate Option in
the Summer Food Service
Program.
7............................. Labeling of Meat and 0583-AD89 Proposed Rule Stage.
Poultry Products Made
Using Animal Cell
Culture Technology.
8............................. Salmonella Framework..... 0583-AD96 Proposed Rule Stage.
9............................. Revision of the Nutrition 0583-AD56 Final Rule Stage.
Facts Labels for Meat
and Poultry Products and
Updating Certain
Reference Amounts
Customarily Consumed.
10............................ Voluntary Labeling of 0583-AD87 Final Rule Stage.
FSIS-Regulated Products
With U.S. Origin Claims.
11............................ Update and Clarification 0596-AD32 Proposed Rule Stage.
of the Locatable
Minerals Regulations.
12............................ Higher Blends 0570-AB11 Proposed Rule Stage.
Infrastructure Incentive
Program.
----------------------------------------------------------------------------------------------------------------
[[Page 9298]]
Department of Commerce
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
13............................ Illegal, Unreported, and 0648-BG11 Proposed Rule Stage.
Unregulated Fishing;
Fisheries Enforcement;
High Seas Driftnet
Fishing Moratorium
Protection Act.
14............................ Amendments to the North 0648-BI88 Final Rule Stage.
Atlantic Right Whale
Vessel Strike Reduction
Rule.
15............................ Endangered and Threatened 0648-BK47 Final Rule Stage.
Wildlife and Plants;
Regulations for Listing
Species and Designating
Critical Habitat.
16............................ Endangered and Threatened 0648-BK48 Final Rule Stage.
Wildlife and Plants;
Revision of Regulations
for Interagency
Cooperation.
17............................ Setting and Adjusting 0651-AD64 Proposed Rule Stage.
Patent Fees.
18............................ Setting and Adjusting 0651-AD65 Proposed Rule Stage.
Trademark Fees.
----------------------------------------------------------------------------------------------------------------
Department of Defense
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
19............................ Cybersecurity Maturity 0790-AL49 Proposed Rule Stage.
Model Certification
(CMMC) Program.
20............................ Department of Defense 0790-AK86 Final Rule Stage.
(DoD)-Defense Industrial
Base (DIB) Cybersecurity
(CS) Activities.
21............................ Definitions of Gold Star 0790-AL56 Final Rule Stage.
Family and Gold Star
Survivor.
22............................ Nondiscrimination on the 0790-AJ04 Long-Term Actions.
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............................ Assessing Contractor 0750-AK81 Proposed Rule Stage.
Implementation of
Cybersecurity
Requirements (DFARS Case
2019-D041).
24............................ Modification of Prize 0750-AL65 Proposed Rule Stage.
Authority For Advanced
Technology Achievements
(DFARS Case 2022-D014).
25............................ Past Performance of 0750-AK16 Final Rule Stage.
Subcontractors and Joint
Venture Partners (DFARS
Case 2018-D055).
26............................ Small Business Innovation 0750-AK84 Final Rule Stage.
Research Program Data
Rights (DFARS Case 2019-
D043).
27............................ DFARS Buy American Act 0750-AL74 Final Rule Stage.
Requirements (DFARS Case
2022-D019).
28............................ Policy and Procedures for 0710-AB22 Proposed Rule Stage.
Processing Requests to
Alter U.S. Army Corps of
Engineers Civil Works
Projects Pursuant to 33
U.S.C. 408.
29............................ Flood Control Cost- 0710-AB34 Proposed Rule Stage.
Sharing Requirements
Under the Ability to Pay
Provision.
30............................ USACE Implementing 0710-AB41 Proposed Rule Stage.
Procedures for
Principles,
Requirements, and
Guidelines Applicable to
Actions Involving
Investment in Water
Resources.
31............................ Appendix C Procedures for 0710-AB46 Proposed Rule Stage.
the Protection of
Historic Properties.
32............................ Natural Disaster 0710-AA78 Final Rule Stage.
Procedures:
Preparedness, Response,
and Recovery Activities
of the Corps of
Engineers.
33............................ Credit Assistance for 0710-AB31 Completed Actions.
Water Resources
Infrastructure Projects.
34............................ Revised Definition of 0710-AB55 Completed Actions.
``Waters of the United
States''; Conforming.
35............................ TRICARE Coverage of 0720-AB83 Final Rule Stage.
Clinical Trials and
Termination of Expanded
Access Treatments.
36............................ Expanding TRICARE Access 0720-AB85 Final Rule Stage.
to Care in Response to
the COVID-19 Pandemic.
37............................ Collection From Third 0720-AB87 Final Rule Stage.
Party Payers of
Reasonable Charges for
Healthcare Services;
Amendment.
----------------------------------------------------------------------------------------------------------------
Department of Education
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
38............................ Nondiscrimination on the 1870-AA16 Final Rule Stage.
Basis of Sex in
Education Programs or
Activities Receiving
Federal Financial
Assistance.
39............................ Nondiscrimination on the 1870-AA19 Final Rule Stage.
Basis of Sex in
Education Programs or
Activities Receiving
Federal Financial
Assistance: Sex-Related
Eligibility Criteria For
Male and Female Athletic
Teams.
40............................ EDGAR Revisions.......... 1875-AA14 Proposed Rule Stage.
41............................ Family Educational Rights 1875-AA15 Proposed Rule Stage.
and Privacy Act.
42............................ Student Loan Relief...... 1840-AD93 Proposed Rule Stage.
43............................ Gainful Employment....... 1840-AD57 Completed Actions.
44............................ Improving Income Driven 1840-AD81 Completed Actions.
Repayment.
----------------------------------------------------------------------------------------------------------------
[[Page 9299]]
Department of Energy
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
45............................ Clean Energy for New 1904-AB96 Final Rule Stage.
Federal Buildings and
Major Renovations of
Federal Buildings.
46............................ Energy Conservation 1904-AD91 Final Rule Stage.
Standards for Consumer
Water Heaters.
47............................ Coordination of Federal 1901-AB62 Final Rule Stage.
Authorizations for
Electric Transmission
Facilities.
----------------------------------------------------------------------------------------------------------------
Department of Health and Human Services
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
48............................ Rulemaking on 0945-AA15 Proposed Rule Stage.
Discrimination on the
Basis of Disability in
Health and Human
Services Programs or
Activities.
49............................ Proposed Modifications to 0945-AA22 Proposed Rule Stage.
the HIPAA Security Rule
to Strengthen the
Cybersecurity of
Electronic Protected
Health Information.
50............................ Confidentiality of 0945-AA16 Final Rule Stage.
Substance Use Disorder
Patient Records.
51............................ Nondiscrimination in 0945-AA17 Final Rule Stage.
Health Programs and
Activities.
52............................ Safeguarding the Rights 0945-AA18 Final Rule Stage.
of Conscience as
Protected by Federal
Statutes.
53............................ Health and Human Services 0945-AA19 Final Rule Stage.
Grants Regulation.
54............................ Proposed Modifications to 0945-AA20 Final Rule Stage.
the HIPAA Privacy Rule
to Support Reproductive
Health Care Privacy.
55............................ Establishment of 0955-AA05 Proposed Rule Stage.
Disincentives for Health
Care Providers Who Have
Committed Information
Blocking.
56............................ Control of Communicable 0920-AA75 Final Rule Stage.
Diseases; Foreign
Quarantine.
57............................ Tobacco Product Standard 0910-AI76 Proposed Rule Stage.
for Nicotine Level of
Certain Tobacco Products.
58............................ Front-of-Package 0910-AI80 Proposed Rule Stage.
Nutrition Labeling.
59............................ Medical Devices; 0910-AI85 Proposed Rule Stage.
Laboratory Developed
Tests.
60............................ Nonprescription Drug 0910-AH62 Final Rule Stage.
Product With an
Additional Condition for
Nonprescription Use.
61............................ Nutrient Content Claims, 0910-AI13 Final Rule Stage.
Definition of Term:
Healthy.
62............................ Tobacco Product Standard 0910-AI28 Final Rule Stage.
for Characterizing
Flavors in Cigars.
63............................ Standards for the 0910-AI49 Final Rule Stage.
Growing, Harvesting,
Packing, and Holding of
Produce for Human
Consumption Relating to
Agricultural Water.
64............................ Tobacco Product Standard 0910-AI60 Final Rule Stage.
for Menthol in
Cigarettes.
65............................ Countermeasures Injury 0906-AB31 Proposed Rule Stage.
Compensation Program:
COVID-19 Countermeasures
Injury Table.
66............................ 340B Drug Pricing 0906-AB28 Final Rule Stage.
Program; Administrative
Dispute Resolution.
67............................ Healthcare System 0938-AU91 Proposed Rule Stage.
Resiliency and
Modernization (CMS-3426).
68............................ Appeal Rights for Certain 0938-AV16 Proposed Rule Stage.
Changes in Patient
Status (CMS-4204).
69............................ Contract Year 2025 Policy 0938-AV24 Proposed Rule Stage.
and Technical Changes to
the Medicare Advantage,
Medicare Prescription
Drug Benefit, and
Medicare Cost Plan
Programs, and PACE (CMS-
4205).
70............................ Minimum Staffing 0938-AV25 Proposed Rule Stage.
Standards for Long-Term
Care Facilities and
Medicaid Institutional
Payment Transparency
Reporting (CMS-3442).
71............................ Streamlining the 0938-AU00 Final Rule Stage.
Medicaid, CHIP, and BHP
Application, Eligibility
Determination,
Enrollment, and Renewal
Processes (CMS-2421).
72............................ Short-Term, Limited- 0938-AU67 Final Rule Stage.
Duration Insurance;
Independent,
Noncoordinated Excepted
Benefits Coverage; Level-
Funded Plan
Arrangements; and Tax
Treatment of Certain
Accident and Health
Insurance (CMS-9904).
73............................ Ensuring Access to 0938-AU68 Final Rule Stage.
Medicaid Services (CMS-
2442).
74............................ Coverage of Certain 0938-AU94 Final Rule Stage.
Preventive Services
Under the Affordable
Care Act (CMS-9903).
75............................ Medicaid and Children's 0938-AU99 Final Rule Stage.
Health Insurance Program
(CHIP) Managed Care
Access, Finance, and
Quality (CMS-2439).
76............................ Disclosures of Ownership 0938-AU90 Long-Term Actions.
and Additional
Disclosable Parties
Information for Skilled
Nursing Facilities and
Nursing Facilities (CMS-
6084).
77............................ Hospital Outpatient 0938-AV18 Completed Actions.
Prospective Payment
System: Remedy for 340B-
Acquired Drugs Purchased
in Cost Years 2018-2022
(CMS-1793).
78............................ Strengthening Temporary 0970-AC97 Proposed Rule Stage.
Assistance for Needy
Families (TANF) as a
Safety Net Program.
79............................ Employment and Training 0970-AD00 Proposed Rule Stage.
Services for
Noncustodial Parents in
the Child Support
Services Program.
80............................ Supporting the Head Start 0970-AD01 Proposed Rule Stage.
Workforce and Other
Quality Improvements.
81............................ Safe and Appropriate 0970-AD03 Proposed Rule Stage.
Foster Care Placement
Requirements for Titles
IV-E and IV-B.
82............................ Improving Child Care 0970-AD02 Final Rule Stage.
Access, Affordability,
and Stability in the
Child Care and
Development Fund (CCDF).
83............................ Separate Licensing 0970-AC91 Completed Actions.
Standards for Relative
or Kinship Foster Family
Homes.
84............................ Adult Protective Services 0985-AA18 Proposed Rule Stage.
Functions and Grant
Programs.
----------------------------------------------------------------------------------------------------------------
[[Page 9300]]
Department of Homeland Security
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
85............................ Victims of Qualifying 1615-AA67 Proposed Rule Stage.
Criminal Activities;
Eligibility Requirements
for U Nonimmigrant
Status and Adjustment of
Status.
86............................ Improving the Regulations 1615-AC22 Proposed Rule Stage.
Governing the Adjustment
of Status to Lawful
Permanent Residence and
Related Immigration
Benefits.
87............................ Asylum Eligibility and 1615-AC57 Proposed Rule Stage.
Public Health.
88............................ Clarifying Definitions 1615-AC65 Proposed Rule Stage.
and Analyses for Fair
and Efficient Asylum and
Other Protection
Determinations.
89............................ Procedures for Asylum and 1615-AC69 Proposed Rule Stage.
Bars to Asylum
Eligibility.
90............................ Modernizing H-1B 1615-AC70 Proposed Rule Stage.
Requirements and
Oversight, Providing
Flexibility in the F-1
Program, and Program
Improvements Affecting
Other Nonimmigrant
Workers.
91............................ Modernizing H-2 Program 1615-AC76 Proposed Rule Stage.
Requirements, Oversight,
and Worker Protections.
92............................ Citizenship and 1615-AC80 Proposed Rule Stage.
Naturalization and Other
Related Flexibilities.
93............................ U.S. Citizenship and 1615-AC68 Final Rule Stage.
Immigration Services Fee
Schedule and Changes to
Certain Other
Immigration Benefit
Request Requirements.
94............................ Shipping Safety Fairways 1625-AC57 Proposed Rule Stage.
Along the Atlantic Coast.
95............................ Cybersecurity in the 1625-AC77 Proposed Rule Stage.
Marine Transportation
System.
96............................ MARPOL Annex VI; 1625-AC78 Proposed Rule Stage.
Prevention of Air
Pollution From Ships.
97............................ Advance Passenger 1651-AB43 Final Rule Stage.
Information System:
Electronic Validation of
Travel Documents.
98............................ Enhancing Surface Cyber 1652-AA74 Proposed Rule Stage.
Risk Management.
99............................ Flight Training Security 1652-AA35 Final Rule Stage.
Program.
100........................... Frequency of Renewal 1652-AA72 Final Rule Stage.
Cycle for Indirect Air
Carrier Security
Programs.
101........................... Minimum Standards for 1652-AA76 Final Rule Stage.
Driver's Licenses and
Identification Cards
Acceptable by Federal
Agencies for Official
Purposes; Waiver for
Mobile Driver's Licenses.
102........................... Clarifying and Revising 1653-AA92 Proposed Rule Stage.
Custody Determination
and Detention
Classification
Procedures.
103........................... National Flood Insurance 1660-AB06 Proposed Rule Stage.
Program: Standard Flood
Insurance Policy,
Homeowner Flood Form.
104........................... Update of FEMA's Public 1660-AB09 Proposed Rule Stage.
Assistance Regulations.
105........................... Updates to Floodplain 1660-AB12 Proposed Rule Stage.
Management and
Protection of Wetlands
Regulations to Implement
the Federal Flood Risk
Management Standard.
106........................... Individual Assistance 1660-AB07 Final Rule Stage.
Program Equity.
107........................... National Flood Insurance 1660-AB11 Long-Term Actions.
Program's Floodplain
Management Standards for
Land Management & Use, &
an Assessment of the
Program's Impact on
Threatened and
Endangered Species &
Their Habitats.
----------------------------------------------------------------------------------------------------------------
Department of the Interior
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
108........................... ONRR Designation Form for 1012-AA33 Proposed Rule Stage.
Payment Responsibility.
109........................... Oil-Spill Response 1014-AA44 Proposed Rule Stage.
Requirements for
Facilities Located
Seaward of the Coast
Line Proposed Rule.
110........................... Revisions to Subpart J-- 1014-AA45 Proposed Rule Stage.
Pipelines and Pipeline
Rights-of-Way Proposed
Rule.
111........................... Outer Continental Shelf 1014-AA49 Final Rule Stage.
Lands Act; Operating in
High-Pressure and/or
High-Temperature (HPHT)
Environments.
112........................... Carbon Sequestration..... 1082-AA04 Proposed Rule Stage.
113........................... Department of the 1090-AB25 Proposed Rule Stage.
Interior Acquisition
Regulation Governance
Titles.
114........................... Natural Resource Damages 1090-AB26 Proposed Rule Stage.
for Hazardous Substances.
115........................... Privacy Act Exemption for 1090-AB28 Proposed Rule Stage.
INTERIOR/DOI-10, DOI Law
Enforcement Records
Management System
(LERMS).
116........................... Privacy Act Exemption for 1090-AB27 Final Rule Stage.
INTERIOR/OIG-02
Investigative Records.
117........................... Office of Hearings and 1094-AA57 Proposed Rule Stage.
Appeals (OHA) Rule.
118........................... Wildlife and Fisheries; 1018-BF63 Proposed Rule Stage.
Compensatory Mitigation
Mechanisms.
119........................... Migratory Bird Permits; 1018-BF71 Proposed Rule Stage.
Authorizing the
Incidental Take of
Migratory Birds,
Proposed Rule.
120........................... Maintaining the 1018-BG78 Proposed Rule Stage.
Biological Integrity,
Diversity, and
Environmental Health of
the National Wildlife
Refuge System, Proposed
rule.
121........................... Permits for Incidental 1018-BE70 Final Rule Stage.
Take of Eagles and Eagle
Nests, Final Rule.
122........................... Regulations Pertaining to 1018-BF88 Final Rule Stage.
Endangered and
Threatened Wildlife and
Plants.
123........................... Regulations for Listing 1018-BF95 Final Rule Stage.
Endangered and
Threatened Species and
Designating Critical
Habitat, Final Rule.
124........................... Endangered and Threatened 1018-BF96 Final Rule Stage.
Wildlife and Plants;
Interagency Cooperation.
125........................... Endangered Species Act 1018-BF99 Final Rule Stage.
Section 10 Regulations;
Enhancement of Survival
and Incidental Take
Permits, Final rule.
126........................... Revision to the Section 1018-BG66 Final Rule Stage.
4(d) Rule for the
African Elephant, Final
rule.
127........................... Establishment of a 1018-BG79 Final Rule Stage.
Nonessential
Experimental Population
of the Gray Wolf in the
State of Colorado, Final
Rule.
[[Page 9301]]
128........................... National Wildlife Refuge 1018-BG71 Completed Actions.
System; Station-Specific
Hunting and Sport
Fishing Regulations,
2023-24, Final rule.
129........................... Native American Graves 1024-AE19 Final Rule Stage.
Protection and
Repatriation Act
Regulations.
130........................... Alaska; Hunting and 1024-AE70 Final Rule Stage.
Trapping in National
Preserves.
131........................... Agricultural Leasing of 1076-AF66 Proposed Rule Stage.
Indian Land.
132........................... Procedures for Federal 1076-AF67 Proposed Rule Stage.
Acknowledgment of Indian
Tribes.
133........................... Indian Arts and Crafts... 1076-AF69 Proposed Rule Stage.
134........................... Mining of the Osage 1076-AF59 Final Rule Stage.
Mineral Estate for Oil
and Gas.
135........................... Class III Tribal State 1076-AF68 Final Rule Stage.
Gaming Compact Process.
136........................... Land Acquisitions........ 1076-AF71 Final Rule Stage.
137........................... Fitness to Operate 1010-AE21 Proposed Rule Stage.
Standards for Oil and
Gas Operators and
Lessees on the Outer
Continental Shelf.
138........................... Renewable Energy 1010-AE04 Final Rule Stage.
Modernization Rule.
139........................... Protection of Marine 1010-AE11 Final Rule Stage.
Archaeological Resources.
140........................... Risk Management and 1010-AE14 Final Rule Stage.
Financial Assurance for
OCS Lease and Grant
Obligations.
141........................... Emergency Preparedness 1029-AC82 Proposed Rule Stage.
for Impoundments.
142........................... Ten-Day Notices.......... 1029-AC81 Final Rule Stage.
143........................... Public Conduct on Bureau 1006-AA58 Final Rule Stage.
of Reclamation
Facilities, Lands and
Waterbodies.
144........................... Closure and Restriction 1004-AE89 Proposed Rule Stage.
Orders.
145........................... Management and Protection 1004-AE95 Proposed Rule Stage.
of the National
Petroleum Reserve in
Alaska.
146........................... Update of the 1004-AE60 Final Rule Stage.
Communications Uses
Program, Right-of-Way
Cost Recovery Fee
Schedules and Section
512 of FLPMA for Rights-
of-Way.
147........................... Rights-of-Way, Leasing 1004-AE78 Final Rule Stage.
and Operations for
Renewable Energy.
148........................... Waste Prevention, 1004-AE79 Final Rule Stage.
Production Subject to
Royalties, and Resource
Conservation.
149........................... Fluid Mineral Leases and 1004-AE80 Final Rule Stage.
Leasing Process.
150........................... Conservation and 1004-AE92 Final Rule Stage.
Landscape Health.
----------------------------------------------------------------------------------------------------------------
Department of Justice
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
151........................... Implementation of the ADA 1190-AA73 Proposed Rule Stage.
Amendments Act of 2008:
Federally Conducted
(Section 504 of the
Rehabilitation Act of
1973).
152........................... Nondiscrimination on the 1190-AA77 Proposed Rule Stage.
Basis of Disability by
State and Local
Governments; Public
Right-of-Way.
153........................... Nondiscrimination on the 1190-AA78 Proposed Rule Stage.
Basis of Disability by
State and Local
Governments: Medical
Diagnostic Equipment.
154........................... Nondiscrimination on the 1190-AA79 Final Rule Stage.
Basis of Disability:
Accessibility of Web
Information and Services
of State and Local
Government Entities.
155........................... Telemedicine Prescribing 1117-AB40 Proposed Rule Stage.
of Controlled Substances
When the Practitioner
and the Patient Have not
had a Prior In-Person
Medical Evaluation.
156........................... Import/Export and 1117-AB80 Proposed Rule Stage.
Domestic Transactions of
Tableting and
Encapsulating Machines.
157........................... Clarifying Definitions 1125-AB13 Proposed Rule Stage.
and Analyses for Fair
and Efficient Asylum and
Other Protection
Determinations.
158........................... Appellate Procedures and 1125-AB18 Proposed Rule Stage.
Decisional Finality in
Immigration Proceedings;
Administrative Closure.
159........................... Hearing Requirements and 1125-AB22 Proposed Rule Stage.
Application Procedures
for Asylum and Related
Protection.
160........................... Clarifying and Revising 1125-AB27 Proposed Rule Stage.
Custody Determination
Procedures for
Noncitizens Subject to
Discretionary Detention
(INA 236(a)/8 U.S.C.
1226 detention).
----------------------------------------------------------------------------------------------------------------
Department of Labor
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
161........................... Defining and Delimiting 1235-AA39 Proposed Rule Stage.
the Exemptions for
Executive,
Administrative,
Professional, Outside
Sales, and Computer
Employees.
162........................... Nondisplacement of 1235-AA42 Final Rule Stage.
Qualified Workers Under
Service Contracts.
163........................... Employee or Independent 1235-AA43 Final Rule Stage.
Contractor
Classification Under the
Fair Labor Standards Act.
164........................... Improving Protections For 1205-AC12 Proposed Rule Stage.
Workers in Temporary
Agricultural Employment
in the United States.
165........................... National Apprenticeship 1205-AC13 Proposed Rule Stage.
System Enhancements.
166........................... Wagner-Peyser Act 1205-AC02 Final Rule Stage.
Staffing.
167........................... Retirement Security Rule: 1210-AC02 Proposed Rule Stage.
Definition of an
Investment Advice
Fiduciary.
[[Page 9302]]
168........................... Mental Health Parity and 1210-AC11 Proposed Rule Stage.
Addiction Equity Act and
the Consolidated
Appropriations Act, 2021.
169........................... Definition of 'Employer' 1210-AC16 Proposed Rule Stage.
Under Section 3(5) of
ERISA-Association Health
Plans.
170........................... Coverage of Certain 1210-AC13 Final Rule Stage.
Preventive Services
Under the Affordable
Care Act.
171........................... Respirable Crystalline 1219-AB36 Final Rule Stage.
Silica.
172........................... Safety Program for 1219-AB91 Final Rule Stage.
Surface Mobile Equipment.
173........................... Heat Illness Prevention 1218-AD39 Prerule Stage.
in Outdoor and Indoor
Work Settings.
174........................... Infectious Diseases...... 1218-AC46 Proposed Rule Stage.
175........................... Emergency Response....... 1218-AC91 Proposed Rule Stage.
----------------------------------------------------------------------------------------------------------------
Department of Transportation
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
176........................... Safety Management Systems 2120-AL60 Final Rule Stage.
----------------------------------------------------------------------------------------------------------------
Department of Veterans Affairs
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
177........................... Updating VA Adjudication 2900-AR10 Proposed Rule Stage.
Regulations for
Disability or Death
Benefit Claims Related
to Herbicide Exposure.
178........................... Expanding Veterans 2900-AR47 Proposed Rule Stage.
Cemetery Grant Program
(VCGP) Grants to Include
Training Costs.
179........................... Technical Revisions to 2900-AR73 Proposed Rule Stage.
Expand Health Care for
Certain Toxic Exposure
and Overseas Contingency
Service.
180........................... Updating VA Adjudication 2900-AR75 Proposed Rule Stage.
Regulations for
Disability or Death
Benefits Based on Toxic
Exposure.
181........................... Evidence Requirements for 2900-AR91 Proposed Rule Stage.
Direct Service
Connection of Covered
Mental Health Conditions
Based on In-Service
Personal Trauma.
182........................... Amendments to the 2900-AR96 Proposed Rule Stage.
Caregivers Program.
183........................... Revision of Veterans 2900-AS00 Proposed Rule Stage.
Community Care Program
(VCCP) Access Standards.
184........................... Modifying Copayments for 2900-AQ30 Final Rule Stage.
Veterans at High Risk
for Suicide.
185........................... Update and Clarify 2900-AQ95 Final Rule Stage.
Regulatory Bars to
Benefits Based on
Character of Discharge.
186........................... Veteran and Spouse 2900-AR68 Final Rule Stage.
Transitional Assistance
Grant Program.
187........................... Reevaluation of Claims 2900-AR76 Final Rule Stage.
for Dependency and
Indemnity Compensation
Based on Public Law 117-
168.
188........................... Presumptive Service 2900-AR25 Completed Actions.
Connection for
Respiratory Conditions
Due to Exposure to
Particulate Matter.
189........................... Presumptive Service 2900-AR44 Completed Actions.
Connection for Rare
Respiratory Cancers Due
to Exposure to Fine
Particulate Matter.
----------------------------------------------------------------------------------------------------------------
Environmental Protection Agency
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
190........................... Review of the Secondary 2060-AS35 Proposed Rule Stage.
National Ambient Air
Quality Standards for
Ecological Effects of
Oxides of Nitrogen,
Oxides of Sulfur and
Particulate Matter.
191........................... NSPS for GHG Emissions 2060-AV09 Proposed Rule Stage.
From New, Modified, and
Reconstructed Fossil
Fuel-Fired EGUs;
Emission Guidelines for
GHG Emissions From
Existing Fossil Fuel-
Fired EGUs; and Repeal
of the ACE Rule.
192........................... Review of Final Rule 2060-AV20 Proposed Rule Stage.
Reclassification of
Major Sources as Area
Sources Under Section
112 of the Clean Air Act.
193........................... Phasedown of 2060-AV84 Proposed Rule Stage.
Hydrofluorocarbons:
Management of Certain
Hydrofluorocarbons and
Substitutes Under
Subsection (h) of the
American Innovation and
Manufacturing Act of
2020.
194........................... Phasedown of 2060-AV98 Proposed Rule Stage.
Hydrofluorocarbons:
Review and Renewal of
Eligibility for
Application-specific
Allowances.
195........................... 1-Bromopropane (1-BP); 2070-AK73 Proposed Rule Stage.
Regulation Under the
Toxic Substances Control
Act (TSCA).
196........................... Trichloroethylene; 2070-AK83 Proposed Rule Stage.
Regulation Under the
Toxic Substances Control
Act (TSCA).
197........................... N-Methylpyrrolidone 2070-AK85 Proposed Rule Stage.
(NMP); Regulation Under
the Toxic Substances
Control Act (TSCA).
198........................... Procedures for Chemical 2070-AK90 Proposed Rule Stage.
Risk Evaluation Under
the Toxic Substances
Control Act (TSCA).
[[Page 9303]]
199........................... Revisions to Standards 2050-AH24 Proposed Rule Stage.
for the Open Burning/
Open Detonation of Waste
Explosives.
200........................... Listing of PFOA, PFOS, 2050-AH26 Proposed Rule Stage.
PFBS, and GenX as
Resource Conservation
and Recovery Act (RCRA)
Hazardous Constituents.
201........................... Definition of Hazardous 2050-AH27 Proposed Rule Stage.
Waste Applicable to
Corrective Action for
Solid Waste Management
Units.
202........................... National Primary Drinking 2040-AG16 Proposed Rule Stage.
Water Regulations for
Lead and Copper:
Improvements (LCRI).
203........................... National Emission 2060-AU37 Final Rule Stage.
Standards for Hazardous
Air Pollutants: Ethylene
Oxide Commercial
Sterilization and
Fumigation Operations.
204........................... New Source Performance 2060-AV16 Final Rule Stage.
Standards and Emission
Guidelines for Crude Oil
and Natural Gas
Facilities: Climate
Review.
205........................... Revisions to the Air 2060-AV41 Final Rule Stage.
Emission Reporting
Requirements (AERR).
206........................... Multi-Pollutant Emissions 2060-AV49 Final Rule Stage.
Standards for Model
Years 2027 and Later
Light-Duty and Medium-
Duty Vehicles.
207........................... Greenhouse Gas Emissions 2060-AV50 Final Rule Stage.
Standards for Heavy-Duty
Vehicles--Phase 3.
208........................... Reconsideration of the 2060-AV52 Final Rule Stage.
National Ambient Air
Quality Standards for
Particulate Matter.
209........................... NESHAP: Coal-and Oil- 2060-AV53 Final Rule Stage.
Fired Electric Utility
Steam Generating Units-
Review of the Residual
Risk and Technology
Review.
210........................... NSPS for the Synthetic 2060-AV71 Final Rule Stage.
Organic Chemical
Manufacturing Industry
and NESHAP for the
Synthetic Organic
Chemical Manufacturing
Industry and Group I &
II Polymers and Resins
Industry.
211........................... Methylene Chloride (MC); 2070-AK70 Final Rule Stage.
Regulation Under the
Toxic Substances Control
Act (TSCA).
212........................... Carbon Tetrachloride 2070-AK82 Final Rule Stage.
(CTC); Regulation Under
the Toxic Substances
Control Act (TSCA).
213........................... Perchloroethylene (PCE); 2070-AK84 Final Rule Stage.
Regulation Under the
Toxic Substances Control
Act (TSCA).
214........................... Asbestos Part 1 2070-AK86 Final Rule Stage.
(Chrysotile Asbestos);
Regulation of Certain
Conditions of Use Under
the Toxic Substances
Control Act (TSCA).
215........................... Reconsideration of the 2070-AK91 Final Rule Stage.
Dust-Lead Hazard
Standards and Dust-Lead
Post Abatement Clearance
Levels.
216........................... Designating PFOA and PFOS 2050-AH09 Final Rule Stage.
as CERCLA Hazardous
Substances.
217........................... Hazardous and Solid Waste 2050-AH14 Final Rule Stage.
Management System:
Disposal of Coal
Combustion Residuals
From Electric Utilities;
Legacy Surface
Impoundments.
218........................... Clean Water Act Hazardous 2050-AH17 Final Rule Stage.
Substance Facility
Response Plans.
219........................... Accidental Release 2050-AH22 Final Rule Stage.
Prevention Requirements:
Risk Management Program
Under the Clean Air Act;
Safer Communities by
Chemical Accident
Prevention.
220........................... Federal Baseline Water 2040-AF62 Final Rule Stage.
Quality Standards for
Indian Reservations.
221........................... Water Quality Standards 2040-AG17 Final Rule Stage.
Regulatory Revisions to
Protect Tribal Reserved
Rights.
222........................... PFAS National Primary 2040-AG18 Final Rule Stage.
Drinking Water
Regulation Rulemaking.
223........................... Supplemental Effluent 2040-AG23 Final Rule Stage.
Limitations Guidelines
and Standards for the
Steam Electric Power
Generating Point Source
Category.
----------------------------------------------------------------------------------------------------------------
Equal Employment Opportunity Commission
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
224........................... Regulations to Implement 3046-AB30 Final Rule Stage.
the Pregnant Workers
Fairness Act.
----------------------------------------------------------------------------------------------------------------
Pension Benefit Guaranty Corporation
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
225........................... Actuarial Assumptions for 1212-AB54 Final Rule Stage.
Determining an
Employer's Withdrawal
Liability.
----------------------------------------------------------------------------------------------------------------
Social Security Administration
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
226........................... Omitting Food From In- 0960-AI60 Final Rule Stage.
Kind Support and
Maintenance Calculations.
227........................... Expand the Definition of 0960-AI81 Final Rule Stage.
a Public Assistance (PA)
Household.
228........................... Nationwide Expansion of 0960-AI82 Final Rule Stage.
the Rental Subsidy
Policy for SSI
Recipients.
[[Page 9304]]
229........................... Intermediate Improvement 0960-AI83 Final Rule Stage.
to the Disability
Adjudication Process,
Including How we
Consider Past Work.
----------------------------------------------------------------------------------------------------------------
Consumer Product Safety Commission
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
230........................... Regulatory Options for 3041-AC31 Proposed Rule Stage.
Table Saws.
231........................... Safety Standard for 3041-AD70 Proposed Rule Stage.
Residential Gas Furnaces
and Boilers.
232........................... Portable Generators...... 3041-AC36 Final Rule Stage.
----------------------------------------------------------------------------------------------------------------
Introduction to the Fall 2023 Regulatory Plan
Executive Order 12866, issued in 1993, requires the annual
production of a Unified Regulatory Agenda and Regulatory Plan. It does
so in order to promote transparency--or in the words of the Executive
Order itself, ``to have an effective regulatory program, to provide for
coordination of regulations, to maximize consultation and the
resolution of potential conflicts at an early stage, to involve the
public and its State, local, and tribal officials in regulatory
planning, and to ensure that new or revised regulations promote the
President's priorities and the principles set forth in this Executive
order.'' Executive Order 13563, issued in 2011, and Executive Order
14094, issued in 2023, reaffirmed and amended the requirements of
Executive Order 12866.
We are now providing the Fall 2023 Regulatory Plan. The regulatory
plans and agendas submitted by agencies and included here offer a
window into how the Administration plans to continue delivering on the
President's agenda to advance economic prosperity and equity, tackle
the climate crisis, advance public health, and much more to improve the
lives of the American people. Agencies will be continuing their work to
implement landmark legislation passed during this Administration,
including the implementation of the PACT Act, (Pub. L. 117-168); the
Inflation Reduction Act, (Pub. L. 117-169); and the CHIPS and Science
Act, (Pub. L. 117-167); as well as ongoing efforts to implement the
Infrastructure Investment and Jobs Act (Bipartisan Infrastructure Law),
Public Law 117-58. Agencies have also highlighted in their plans and
agendas how they have engaged with the public in developing regulatory
priorities, as well as future opportunities for engagement.
DEPARTMENT OF AGRICULTURE
Statement of Regulatory Priorities
In 2024, the U.S. Department of Agriculture (USDA) plans to
prioritize initiatives that promote growth and new market opportunity
in Rural America for our farmers, ranchers, small businesses, and
communities, particularly among historically underserved communities,
while implementing an expected new 5 year Farm Bill reauthorization for
our major agricultural and food programs. USDA further anticipates a
Farm Bill reauthorization as an opportunity to strengthen and improve
our customer service and delivery combined with IT modernization that
fosters 21st century innovation. USDA will use available outreach and
communication tools to seek input and engagement from our traditional
stakeholders as well as those communities whom we may not have been
able to reach in the past but who, like our traditional stakeholders,
offer critical implementation input and feedback. In short, we want to
know what works, and what doesn't work, from everyone.
In 2024, USDA will seek and promote 21st century innovation
initiatives like carbon capture and storage, addressing the effects of
climate change such as drought and wildfire risks, and other climate-
smart agriculture initiatives. As in the past, USDA will continue to
tackle food and nutrition insecurity while maintaining a safe food
supply and responding to any disaster and emergency threats impacting
the American Farm economy, schools, individual households, and our
National Forests. Finally, all of USDA's programs, including the
priorities contained in this Regulatory Plan, will be structured to
advance the cause of equity by removing barriers and opening new
opportunities for our customers.
In 2023, the USDA:
Agricultural Marketing Service published the Strengthening Organic
Enforcement (SOE) final rule (January 19, 2023, 88 FR 3548) that became
effective on March 20, 2023. As required by the 2018 Farm Bill, SOE
protects organic integrity and bolsters farmer and consumer confidence
in the USDA organic seal by supporting strong organic control systems,
improving farm to market traceability, increasing import oversight
authority, and providing robust enforcement of the organic regulations.
Topics addressed in this rulemaking include: National Organic Program
Import Certificates; recordkeeping and product traceability; certifying
agent personnel qualifications and training; standardized certificates
of organic operation; unannounced on-site inspections of certified
operations; oversight of certification activities; foreign conformity
assessment systems; certification of producer group operations;
labeling of nonretail containers; and, calculating organic content of
multi-ingredient products.
Forest Service implemented a final rule on Special Areas; Roadless
Area Conservation; National Forest System Lands in Alaska (January 27,
2023, 88 FR 5252) that repealed a final rule promulgated in 2020
exempting the Tongass National Forest from the 2001 Roadless Area
Conservation Rule (2001 Roadless Rule). The 2001 Roadless Rule
prohibited timber harvest and road construction or reconstruction
within designated inventoried Roadless Areas, with limited exceptions.
The rule is consistent with President Biden's Executive Order 13990,
Protecting Public Health and the Environment and Restoring Science to
Tackle the Climate Crisis.
In late 2023, the Forest Service plans to publish a proposed rule
on Carbon Capture, Utilization, and Storage that would allow exclusive
or perpetual right of use or occupancy of National Forest System lands
that will allow for permanent carbon dioxide sequestration in order to
reduce the impacts of climate
[[Page 9305]]
change. Furthermore, the Forest Service plans to publish a Financial
Assurance for Locatable Minerals Interim Final rule that will allow
equities and private investment-rated securities within trust funds as
financial assurance for long-term post-closure obligations, which is
crucial for the stewardship and restoration of National Forest System
lands affected by mining. Finally, the Forest Service is making several
updates to its directives that will strengthen its ability to combat
climate change and improve access to, and delivery of, public programs
and services by reducing administrative burden--including equitable
access to recreation, mitigation of adverse impacts, climate
resilience, and its Tribal action plan.
In late 2023, Food and Nutrition Service (FNS) plans to publish an
interim final rule (December 2023) that codifies flexibility for rural
program operators to provide non-congregate meal service in the Summer
Food Service Program (SFSP) and establishes a permanent Summer
Electronic Benefits Transfer for Children Program (Summer EBT). To
gather information for this rulemaking, between April-August 2023, FNS
hosted more than 100 listening sessions and information meetings with
State agencies, advocacy groups, program operators, and industry
partners. For more information about this rule, see RIN 0584-AE96.
In December 2023, FNS also plans to publish a final rule codifying
the provisions of the Access to Baby Formula Act of 2022. Amongst other
things, the rule codifies requirements for State agencies to include
language in their Women, Infants and Children (WIC) infant formula
rebate contracts that describes remedies in the event of an infant
formula recall. This rule was informed by lessons learned and feedback
received from State and local agencies, advocacy organizations, and
Federal research on the response to recent disasters, the COVID-19
pandemic, and a major WIC product recall. For more information about
this rule, see RIN 0584-AE94.
Outlined below are some of USDA's most important upcoming
regulatory actions for 2024. These include efforts to restore and
expand economic opportunity; address the climate crisis; and support
agricultural markets that are free, open, and promote competition. This
Regulatory Plan also reflects USDA's continued commitments to ensuring
a safe and nutritious food supply and animal welfare protections. As
always, our Semiannual Regulatory Agenda contains information on a
broad-spectrum of USDA's initiatives and planned upcoming regulatory
actions.
Foster Sustainable Economic Growth by Promoting Innovation, Building
Resilience to Climate Change, and Expanding Renewable Energy
Higher Blends Infrastructure Incentive Program: Rural Business
Cooperative Service (RBCS) Higher Blends Infrastructure Incentive
Program (HBIIP): HBIIP is a program designed to increase the sales and
use of higher blends of ethanol and biodiesel by expanding the
infrastructure for renewable fuels derived from U.S. agricultural
products. The program is also intended to encourage a more
comprehensive approach to market higher blends by sharing the costs
related to building out biofuel-related infrastructure. The program
should increase availability of domestic biofuels and give Americans
additional cleaner fuel options at the pump. RBCS is proposing a rule
to codify the policies and procedures for the program in the Code of
Federal Regulations, as this program has a significant impact on
climate change which is an Administration priority. Public engagement
will occur in early fall of 2023. A virtual listening session will be
announced in the Federal Register. For more information about this
rule, see RIN 0570-AB11.
Foster an Equitable and Competitive Marketplace for All Agricultural
Producers
Inclusive Competition and Market Integrity Rules Under the Packers
and Stockyards Act: USDA plans to supplement a recent revision to
regulations under the Packers and Stockyards (P&S) Act to prohibit
certain prejudices and disadvantages and unjustly discriminatory
conduct against covered producers in the livestock, meat, and poultry
markets. The proposal (October 3, 2022, 87 FR 60010) set forth
prohibited discrimination on the bases of the producer's personal
characteristics and identified as prohibited certain retaliatory
practices that interfere with lawful communications, assertion of
rights, and participation in associations, among other protected
activities. The proposal also identified unlawfully deceptive practices
that violate the P&S Act with respect to contract formation, contract
performance, contract termination and contract refusal. The purpose of
the final rule is to promote inclusive competition and market integrity
in the livestock, meats, and poultry markets. For more information
about this rule, see RIN 0581-AE05.
Unfair Practices, Undue Preferences, and Harm to Competition under
the Packers and Stockyards Act: The proposal would revise regulations
under the Packers and Stockyards Act (Act), providing clarity regarding
conduct that may violate the Act, including addressing harm to
competition. This proposal reflects feedback received from public input
generated by previous proposed and interim final rules. On June 22,
2010, USDA published in the Federal Register (75 FR 35338-35354) a
proposed rule recommending several changes to the regulations issued
under the Packers and Stockyards Act, 1921, as amended (P&S Act). On
December 20, 2016, USDA published a new ``Scope'' paragraph in the
Federal Register as an Interim Final Rule ``IFR'' with a request for
comments (81 FR 92566-92594). On October 18, 2017, USDA withdrew the
IFR (82 FR 48594-01). Though neither of these proposed rules became a
final rule, USDA received, reviewed, and considered public comments.
For more information about this rule, see RIN 0581-AE04.
Provide All Americans Safe, Nutritious Food
USDA's Food Safety and Inspection Service (FSIS) continues to
ensure that meat, poultry, and egg products are safe, wholesome and
properly marked, labeled, and packaged, and prohibits the distribution
in-commerce of meat, poultry, and egg products that are adulterated or
misbranded.
Salmonella Framework: One of FSIS' top priorities is to develop a
more comprehensive and effective strategy to reduce Salmonella
illnesses associated with poultry products. The agency gathered data
and information and solicited stakeholder input on Salmonella in
poultry. FSIS proposed in 2023 to declare that not-ready-to- eat
breaded stuffed chicken products that contain Salmonella at levels of 1
colony forming unit per gram or higher in the chicken components are
adulterated within the meaning of the Poultry Products Inspection Act
(April 28, 2023, 82 FR 26249) and will finalize this determination in
2024. FSIS also plans to propose a new regulatory framework targeted at
reducing Salmonella illnesses associated with poultry products and
moving closer to the national target of a 25 percent reduction in
Salmonella illnesses. For more information about the proposed new
regulatory framework, see RIN 0583-AD96.
In addition, FSIS intends to publish several rules to improve
regulatory certainty, which assure consumers that
[[Page 9306]]
meat, poultry, and egg products are safe and truthfully labeled.
Voluntary Labeling of Meat Products With ``Product of USA'' and
Similar Statements: FSIS plans to publish a final rule to address
concerns that the voluntary ``Product of USA'' label claim may confuse
consumers about the origin of FSIS regulated products. FSIS received
3,364 comments on the proposed rule during a 60-day comment period that
FSIS extended to 90 days based on requests from stakeholders. In
response to the Agency's consumer research and comments received on the
proposed rule, FSIS will define voluntary U.S.-origin label claims so
that they are more meaningful to consumers. For more information about
this rule, see RIN 0583-AD87.
Labeling of Meat or Poultry Products Comprised of or Containing
Cultured Animal Cells; and Revision of the Nutrition Facts Panels for
Meat and Poultry Products and Updating Certain Reference Amounts
Customarily Consumed: FSIS will propose to establish new requirements
for the labeling of meat and poultry food products made using animal
cell culture technology (i.e., ``cell-cultured'' food products). In
advance of the proposed rule, FSIS and FDA held a joint public meeting
in October 2018 to discuss the potential hazards, oversight
considerations, and labeling of cell-cultured food products derived
from livestock and poultry tissue (September 13, 2018, 83 FR 46476). In
addition, FSIS published an advanced notice of proposed rulemaking in
the Federal Register, soliciting public input on the labeling of cell-
cultured seafood, meat, and poultry food products (September 3, 2021,
86 FR 49491). FSIS also plans to finalize a labeling rule to update
nutrition labeling for meat and poultry products. The two rules would
provide additional certainty about what is required for meat and
poultry labeling while ensuring that consumers have accurate
information about the food they buy. For more information about these
rules, see RINs 0583-AD56 and 0583-AD89.
FNS' Child Nutrition Programs: Revisions to Meal Patterns
Consistent with the 2020 Guidelines for Americans: The final rule would
revise meal patterns in the National School Lunch Program and School
Breakfast Program to make school meals healthier and more consistent
with the most recent Dietary Guidelines for Americans while reflecting
the nutrient needs of children at risk for food insecurity. Throughout
2022, USDA held over 50 listening sessions with State agencies, school
food authorities, advocacy organizations, Tribal dietitians and
schools, professional associations, food manufacturers, and other
Federal agencies to inform the proposed rule (February 7, 2023, 88 FR
8050). USDA also received extensive input through over 136,000 public
comments on the proposed rule during a 60-day comment period that USDA
extended to 90 days based on requests from stakeholders. Through this
stakeholder engagement, USDA gained valuable insights into the
successes and challenges that schools experience implementing the
school meal nutrition standards and will use this information to
develop a practical and durable final rule. For more information about
this rule, see RIN 0584-AE88.
FNS' Special Supplemental Nutrition Program for Women, Infants and
Children (WIC): Revisions in the WIC Food Packages: Consistent with
recommendations from the National Academies of Sciences, Engineering,
and Medicine and the latest Dietary Guidelines for Americans, the final
rule would provide participants with greater choices in variety and
food package sizes and align the WIC food packages with available
nutrition science. When developing the proposed rule (November 21,
2022, 87 FR 71090), FNS solicited feedback from WIC participants, state
and tribal partners, and other government agencies. FNSpublished the
proposed rule with a 90-day comment period and will consider comments
received in development of this final rule. For more information about
this rule, see RIN 0584-AE82.
National Organic Program; Organic Livestock and Poultry Standards:
The final rule would establish standards that support additional
practice standards for organic livestock and poultry production. This
final action would add provisions to the USDA organic regulations to
address and clarify livestock and poultry living conditions (for
example, outdoor access, housing environment and stocking densities),
health care practices (for example physical alterations, administering
medical treatment, euthanasia), and animal handling and transport to
and during slaughter. For more information about this rule, see RIN
0581-AE06.
Improve Access to, and Delivery of, Public Programs and Services by
Reducing Administrative Burden
Forest Service Amendment to Locatable Minerals: The locatable
minerals regulations have remained mostly unchanged since they were
first promulgated in 1974. Court cases, government audits, and
implementation experience have identified many shortcomings in the
current regulations that challenge the agency's ability to efficiently
and effectively administer locatable mineral activity on National
Forest System lands. The Forest Service is proposing to revise its
regulations for administering hard-rock mining activities on National
Forest System lands, providing permitting certainty; strong,
responsible mining standards; enhanced community and Tribal engagement;
and proactive environmental management. To gather public input into
this proposed rule, it was preceded by a Locatable Minerals advance
notice of proposed rulemaking (ANPR) (September 13, 2018, 83 FR 46451).
Following the completion of the comment period for the ANPR, the Forest
Service analyzed the comments received and used the information to
draft the proposed regulation. For more information about this rule,
see RIN: 0596-AD32.
USDA--AGRICULTURAL MARKETING SERVICE (AMS)
Proposed Rule Stage
1. Unfair Practices, Undue Preferences, and Harm to Competition Under
the Packers and Stockyards Act (AMS-FTPP-21-0046) [0581-AE04]
Priority: Other Significant.
Legal Authority: 7 U.S.C. 181 to 229c
CFR Citation: 9 CFR 201.
Legal Deadline: None.
Abstract: This action proposes to revise regulations issued under
the Packers and Stockyards Act (Act) (7 U.S.C. 181 229c), providing
clarity regarding conduct that may violate the Act. Revisions are
intended to support market growth, assure fair trade practices and
competition, and protect livestock and poultry growers and producers.
The action addresses long-standing issues related to competitiveness
and showings of harm or likely harm to competition.
Statement of Need: Revisions to regulations pertaining to the
Packers and Stockyards Act (Act) clarify the types of conduct by
packers, swine contractors, or live poultry dealers that the
Agricultural Marketing Service (AMS) considers unfair practices or
undue preferences and a violation of sections 202(a) or 202(b) of the
Act.
Sections 202(a) and 202(b) of the P&S Act are broadly written to
prohibit unjustly practices and undue preferences. Industry members
have complained that the regulations effectuating the Act are too vague
and do not provide adequate clarity about
[[Page 9307]]
the types of conduct or action that are likely to violate theAct. This
rule is needed to provide essential clarity about what would be
considered violations of the Act.
Revisions to regulations pertaining to the Packers and Stockyards
Act (Act) that would also clarify the scope of the Act are needed to
establish what conduct or action, depending on their nature and the
circumstances, violate the Act without a finding of harm or likely harm
to competition or as they may relate to harm or likely harm to
competition as such terms were contemplated under the Act. Such
revisions reflect the Department of Agriculture's (USDA) longstanding
position in this regard.
Summary of Legal Basis: The Packers and Stockyards Act (Act)
authorizes AMS to determine if conduct within the poultry and livestock
industries constitutes unfair practices or undue preferences and,
therefore a violation of the Act.
The Act provides USDA with the authority to assure fair competition
and trade practices and to safeguard farmers against receiving less
than the true market value of their livestock. Sections 202(c), (d),
and (e) of the Act limit the application of those sections to acts or
practices that have an adverse effect on competition, such as acts
restraining commerce, creating a monopoly, or producing another type of
antitrust injury. However, provisions in sections 202(a) and (b)
restrict practices that are deceptive, unfair, unjust, undue, and
unreasonable; terms that are understood to encompass more than
anticompetitive conduct. USDA's position is that Congress did not
intend application of sections 202(a) and (b) to be limited to
instances in which there is harm to competition.
Alternatives: USDA considered doing nothing. However, courts are
not unanimous in their findings. Further, several courts disagree with
USDA's position. Lack of clarity hinders the agency's ability to
consistently administer and enforce the Act.
Anticipated Cost and Benefits: USDA estimate annual costs related
to this rule of $9 million for the first five years, decreasing in
subsequent years, for total ten-year costs of $66 million. We believe
the primary benefit of the proposed regulation is the increased ability
to protect producers and growers through enforcement of the Act for
violations of section 202(a) and/or (b) that do not result in harm, or
a likelihood of harm, to competition.
Risks: Courts have recognized that the proper analysis of alleged
violations of these two sections depends on the facts of each case.
However, four courts of appeals have disagreed with USDA's
interpretation of the Act and have concluded that plaintiffs could not
prove their claims under those sections without proving harm to
competition or likely harm to competition. There is a risk if future
legal challenge of USDA interpretation of sections 202(c), (d), and (e)
of the Act.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Agency Contact: Michael V. Durando, Deputy Administrator, Fair
Trade Practices Program, Department of Agriculture, Agricultural
Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-
0237, Phone: 202 720-0219.
RIN: 0581-AE04
USDA--AMS
Final Rule Stage
2. Inclusive Competition and Market Integrity Under the Packers and
Stockyards Act (AMS-FTPP-21-0045) [0581-AE05]
Priority: Other Significant.
Legal Authority: 7 U.S.C. 181 to 229c
CFR Citation: 9 CFR 201.
Legal Deadline: None.
Abstract: This final rule would supplement a recent revision to
regulations issued under the Packers and Stockyards Act (Act) (7 U.S.C.
181 229c) that provided criteria for the Secretary to consider when
determining whether certain conduct or action by packers, swine
contractors, or live poultry dealers is unduly or unreasonably or
advantageous. Supplemental amendments clarify the conduct the
Department considers unfair, preferential, unjustly discriminatory, or
deceptive and a violation of sections 202(a) and (b) of the Act. The
rule would also clarify the criteria and types of conduct that would be
considered unduly or unreasonably preferential, advantageous,
prejudicial, or disadvantageous and violations of the Act, including
retaliatory practices that interfere with lawful communications,
assertion of rights, and associational participation.
Statement of Need: Revisions to regulations pertaining to the
Packers and Stockyards Act (Act) clarify the types of conduct by
packers, swine contractors, or live poultry dealers that the
Agricultural Marketing Service (AMS) considers unfair, unjustly
discriminatory, or deceptive and a violation of section 202(a) of the
Act, regardless of whether such action harms or is likely to harm
competition. The rule also clarifies the criteria and/or types of
conduct that would be considered unduly or unreasonably preferential,
advantageous, prejudicial, or disadvantageous and a violation of
section 202(b) of the Act.
Sections 202(a) and 202(b) of the P&S Act are broadly written to
prohibit unjustly discriminatory practices and undue preferences and
prejudices. Industry members have complained that the regulations
effectuating the Act are too vague and do not provide adequate clarity
about the types of conduct or action that are likely to violate the
Act. This rule is needed to provide essential clarity about what would
be considered violations of the Act, regardless of whether such
violations harm or are likely to harm competition.
Summary of Legal Basis: The Packers and Stockyards Act (Act)
authorizes AMS to determine if conduct within the poultry and livestock
industries are unfair, unjustly discriminatory, or deceptive and,
therefore a violation of the Act.
Alternatives: AMS considered taking no further action, allowing 100
years of case law to determine precedent in making determinations about
whether certain behaviors violate the Act. AMS also considered
revisiting the withdrawn 2016 rulemaking approach that would have
identified criteria with which to determine whether certain behaviors
violate the Act.
Anticipated Cost and Benefits: USDA estimates first-year costs
associated with this rule to be $517 thousand, with decreased costs
each year thereafter, resulting in a ten-year total cost of $2.88
million. AMS expects this rule to benefit all segments of the industry,
providing greater clarity about what would be considered violations of
the Act. AMS expects this rule, coupled with a concurrent rule on the
scope of the Act, to strengthen enforcement of the Act, resulting in
fairer and more competitive markets for producers and poultry growers.
Risks: Industry is divided about adding lists or examples of
specific prohibited conduct to the regulations. Some argue such lists
would inhibit freedom to forge contracts that fit individual
situations, while others contend greater specificity is required so
that affected parties can more readily identify violative behavior.
Industry is also split on the question of whether
[[Page 9308]]
identified prohibited behaviors must be found to harm or likely harm
competition to be considered violations of the Act. AMS expects to
resolve some of the controversy by being proactive and transparent with
the industry to allow for critical discussions and decisions on the
rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/03/22 87 FR 60010
NPRM Comment Period Extended........ 11/30/22 87 FR 73507
NPRM Comment Period End............. 12/02/22 .......................
NPRM Comment Period Extended End.... 01/17/23 .......................
Final Rule.......................... 12/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Michael V. Durando, Deputy Administrator, Fair
Trade Practices Program, Department of Agriculture, Agricultural
Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-
0237, Phone: 202 720-0219.
RIN: 0581-AE05
USDA--FOOD AND NUTRITION SERVICE (FNS)
Final Rule Stage
3. Special Supplemental Nutrition Program for Women, Infants and
Children (WIC): Revisions in the WIC Food Packages [0584-AE82]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 1786, sec. 17(f)(11)(C)
CFR Citation: 7 CFR 246.10.
Legal Deadline: None.
Abstract: This final rulemaking will amend regulations governing
the WIC food packages to: (1) incorporate recommendations of the
National Academies of Science, Engineering, and Medicine 2017
scientific report, Review of WIC Food Packages: Improving Balance and
Choice; (2) align with 2020 Dietary Guidelines for Americans; and (3)
make other administrative revisions or clarifications to food package
requirements. In the development of the proposed rule, FNS solicited
feedback from WIC participants, state and tribal partners, and other
government agencies. FNS published the proposed rule with a 90-day
comment period and will consider comments received in development of
this final rule.
Statement of Need: The National Academies of Sciences, Engineering,
and Medicine (NASEM) issued a 2017 report with recommendations to align
the WIC food packages with the available nutrition science and to
reflect the supplemental nature of the Program. In December 2020, the
USDA and the Department of Health and Human Services released the 2020-
2025 Dietary Guidelines for Americans (DGAs). USDA FNS will propose
rulemaking to incorporate NASEM recommendations and align the food
package with the latest DGAs.
Summary of Legal Basis: 42 U.S.C. 1786, sec. 17(f)(11)(C).
Alternatives: N/A.
Anticipated Cost and Benefits: This is discussed in the proposed
rulemaking's Regulatory Impact Analysis which was published on November
21, 2022 as an appendix to the rule, available at 87 FR 71090.
Risks: N/A.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/21/22 87 FR 71090
NPRM Comment Period End............. 02/21/23 .......................
Final Action........................ 04/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Federal, Local, State.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
Agency Contact: Michael DePiro, Specialist, Department of
Agriculture, Food and Nutrition Service, 1320 Braddock Place,
Alexandria, VA 22314, Phone: 703 305-2876, Email:
<a href="/cdn-cgi/l/email-protection#88e5e1ebe0e9ede4a6ecedf8e1fae7c8fdfbece9a6efe7fe"><span class="__cf_email__" data-cfemail="d3bebab0bbb2b6bffdb7b6a3baa1bc93a6a0b7b2fdb4bca5">[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#adc0ccd8dfc8c8c383c1d4c9c2c3edd8dec9cc83cac2db"><span class="__cf_email__" data-cfemail="d7bab6a2a5b2b2b9f9bbaeb3b8b997a2a4b3b6f9b0b8a1">[email protected]</span></a>.
RIN: 0584-AE82
USDA--FNS
4. Child Nutrition Programs: Revisions to Meal Patterns Consistent With
the 2020 Dietary Guidelines for Americans [0584-AE88]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 1758, sec. 9(f)(1)
CFR Citation: 7 CFR 210.10; 7 CFR 210.11; 7 CFR 215.7a; 7 CFR
220.8; 7 CFR 226.20; . . .
Legal Deadline: None.
Abstract: This rule would finalize long-term school nutrition
standards based on the Dietary Guidelines for Americans, 2020-2025, and
feedback that USDA received from child nutrition program stakeholders
through an extensive stakeholder engagement campaign. The revisions are
expected to make school meals more nutritious and more consistent with
the goals of the most recent Dietary Guidelines, as required by
statute. In addition, this rule would address the Buy American
provision, which requires school food authorities to purchase, to the
maximum extent practicable, domestic commodities or products for use in
the school meal programs. This rulemaking would impact schools that
participate in the school meal programs, and for certain rule
provisions, facilities and institutions that participate in the Child
and Adult Care Food Program and sponsors that participate in the Summer
Food Service Program. This rulemaking would also impact participants
who receive meals and snacks through the child nutrition programs. USDA
received stakeholder input on this rulemaking prior to publishing the
proposed rule. Throughout 2022, USDA held over 50 listening sessions
with State agencies, school food authorities, advocacy organizations,
Tribal stakeholders, professional associations, food manufacturers, and
other Federal agencies to inform the proposed rule. USDA also received
extensive input through public comments on the proposed rule. Through
this stakeholder engagement, USDA gained valuable insights into the
successes and challenges that schools experience implementing the
school meal nutrition standards and will use this information to
develop a practical and durable final rule.
Statement of Need: The revisions are needed to make school meals
more nutritious and more consistent with the goals of the most recent
Dietary Guidelines, as required by statute.
Summary of Legal Basis: 42 U.S.C. 1758, sec. 9(f)(1).
Alternatives: In the proposed rule, USDA considered two alternative
proposals for the milk requirements in school meals, one that would
maintain the current requirements and an alternative that would not
allow flavored milk for children in grades K-8. USDA also considered
two alternatives for the grain requirements in school meals, one that
would maintain the current requirements and an alternative that would
require all grains to be whole grain-rich, except that one day per
week, schools may offer enriched grains. In addition, USDA
[[Page 9309]]
considered proposing product-specific total sugars limits (to align
with existing CACFP requirements) rather than added sugars limits.
Anticipated Cost and Benefits: USDA estimated that the proposed
rule would cost schools between $0.03 and $0.04 per breakfast and lunch
served or between $220 and $274 million annually including both the
School Breakfast Program and National School Lunch Program starting in
School Year 2024-2025. The costs to schools would mainly be due to a
shift in purchasing patterns to products with reduced levels of added
sugars and sodium, administrative costs, and increased labor costs for
continued sodium reduction over time.
Risks: None known at this time.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/07/23 88 FR 8050
NPRM................................ 03/31/23 88 FR 19229
NPRM Comment Period End............. 04/10/23 .......................
NPRM Comment Period Extension....... 05/10/23 .......................
Final Rule.......................... 04/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: Local, State.
Federalism: Undetermined.
Agency Contact: Michael DePiro, Specialist, Department of
Agriculture, Food and Nutrition Service, 1320 Braddock Place,
Alexandria, VA 22314, Phone: 703 305-2876, Email:
<a href="/cdn-cgi/l/email-protection#066b6f656e67636a286263766f7469467375626728616970"><span class="__cf_email__" data-cfemail="dfb2b6bcb7bebab3f1bbbaafb6adb09faaacbbbef1b8b0a9">[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#e18c80949384848fcf8d98858e8fa194928580cf868e97"><span class="__cf_email__" data-cfemail="f59894808790909bdb998c919a9bb580869194db929a83">[email protected]</span></a>.
Related RIN: Merged with 0584-AE91
RIN: 0584-AE88
USDA--FNS
5. Special Supplemental Nutrition Program for Women, Infants, and
Children (WIC): Implementation of the Access to Baby Formula Act of
2022 and Related Provisions [0584-AE94]
Priority: Other Significant.
Legal Authority: Pub. L. 117-129
CFR Citation: 7 CFR 246.
Legal Deadline: None.
Abstract: This rule would amend 7 CFR 246 to codify the provisions
of the Access to Baby Formula Act of 2022 (ABFA). ABFA amends section
17 of the Child Nutrition Act of 1966 to (1) add requirements to State
agency infant formula cost containment contracts; (2) establish waiver
authority to the Secretary of Agriculture to address certain
emergencies, disasters, and supply chain disruptions impacting WIC; and
(3) require WIC State agencies to develop a plan of alternate operating
procedures, commonly referred to as a disaster plan. FNS would make
other related technical corrections and updates as necessary to
modernize applicable WIC Program regulations. This rule was informed by
lessons learned and feedback received from State and local agencies,
advocacy organizations, and Federal research on the response to recent
disasters, the COVID-19 pandemic, and a major WIC product recall.
Statement of Need: This rule would codify requirements for State
agencies to include language in their WIC infant formula rebate
contracts that describes remedies in the event of an infant formula
recall, including how an infant formula manufacturer would protect
against disruption to program participants in the State (i.e., ensure
that WIC participants can purchase formula using WIC benefits). The
rule would also codify permanent expanded waiver authority to aid
participants in obtaining and redeeming WIC benefits during certain
emergencies, disasters, and supply chain disruptions impacting WIC. The
required plan of alternate operating procedures would ensure WIC State
agencies have plans in place to support the critical need for
continuity of operations in the event of a disruption of WIC services,
including but not limited to emergency periods, supplemental food
recalls, and other supply chain disruptions. Finally, the rule would
make other miscellaneous technical corrections and updates as necessary
to update WIC regulations.
Summary of Legal Basis: The Access to Baby Formula Act of 2022
(ABFA, Pub. L. 117-129) amends section 17 of the Child Nutrition Act of
1966 (Pub. L. 89-642).
Alternatives: No alternatives have been identified at this time.
Anticipated Cost and Benefits: The costs associated with
implementing the rule's regulatory requirements are not expected to
significantly add to current program costs at the State and local
levels.
Risks: No risks have been identified at this time.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule With Comment............. 12/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: Local, State.
Agency Contact: Michael DePiro, Specialist, Department of
Agriculture, Food and Nutrition Service, 1320 Braddock Place,
Alexandria, VA 22314, Phone: 703 305-2876, Email:
<a href="/cdn-cgi/l/email-protection#1c71757f747d79703278796c756e735c696f787d327b736a"><span class="__cf_email__" data-cfemail="15787c767d7470793b7170657c677a55606671743b727a63">[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#2845495d5a4d4d460644514c4746685d5b4c49064f475e"><span class="__cf_email__" data-cfemail="c4a9a5b1b6a1a1aaeaa8bda0abaa84b1b7a0a5eaa3abb2">[email protected]</span></a>.
RIN: 0584-AE94
USDA--FNS
6. Interim Final Rule--Implementing Provisions From the Consolidated
Appropriations Act, 2023: Establishing the Summer EBT Program and Non-
Congregate Option in the Summer Food Service Program [0584-AE96]
Priority: Section 3(f)(1) Significant. Major status under 5 U.S.C.
801 is undetermined.
Legal Authority: Pub. L. 117-328
CFR Citation: 7 CFR 225.
Legal Deadline: Other, Statutory, December 29, 2023, Interim Final
Rule.
The Consolidated Appropriations Act, 2023 (Pub. L. 117-328)
requires FNS to promulgate regulations to carry out the provisions
under section 502 of the Act no later than 1 year after the date of
enactment. Public Law 117-328 was enacted on December 29, 2022;
therefore, FNS is required to publish an interim final rule by December
29, 2023. However, FNS is aiming for publication by December 15, 2023,
in order to ensure the statutory deadline is met.
Abstract: This interim final rule (IFR) will amend 7 CFR part 225
to codify the flexibility for rural program operators to provide non-
congregate meal service in the Summer Food Service program (SFSP). This
rule will also establish a new 7 CFR part and codify a new Summer
Electronic Benefits Transfer (EBT) for Children Program in this part.
The mandate for these changes is found in section 502 of the
Consolidated Appropriations Act, 2023 (Pub. L. 117-328), which added
new section 13a of the Richard B. Russell Nation School Lunch Act
(NSLA) to allow rural non-congregate meal service in the SFSP and NSLP
Seamless Summer Option (SSO) and created a new section 13a to
[[Page 9310]]
establish a permanent Summer EBT Program.
To gather information in support of this rulemaking, between April-
August 2023, FNS has hosted more than 100 listening sessions and
information meetings to date with State agencies, advocacy groups,
Program operators, and industry partners. These listening sessions
focused primarily, but not exclusively, on the rural non-congregate
meal service option. Additional listening sessions related to Summer
EBT are forthcoming. Since the enactment of The Consolidated
Appropriations Act, 2023, FNS published guidance that serves as the
instructions for state agencies and program operators on how to
implement SFSP and SSO rural non-congregate meal service during summer
2023, including guidance on oversight and monitoring pertaining to non-
congregate operations to assist program operators. In addition, FNS has
published early implementation guidance on Summer EBT for Indian Tribal
Organizations and State agencies.
Statement of Need: The Consolidated Appropriations Act, 2023 (Pub.
L. 117-328) established a permanent Summer EBT Program and authorized a
rural non-congregate meal service option in the Summer Food Service
Program (SFSP), to be promulgated through interim final regulations no
later than 1 year after the date of enactment. Accordingly, this
interim final rulemaking will amend the SFSP regulations in 7 CFR part
225 and create a new 7 CFR section to allow State agencies and program
operators to carry out the statutory provisions of Public Law 117-328.
Implementation of this legislation will expand the reach of FNS' summer
nutrition programs, providing greater access for communities and
families whom the traditional SFSP cannot reliably reach, which in turn
will have a lasting impact on how the nutritional needs of children are
met during the summer months.
Summary of Legal Basis: Richard B. Russell National School Lunch
Act (NSLA) at 42 U.S.C. 1761 and 1762a.
Alternatives: The Agency considered alternatives pertaining to the
non-congregate meal service provisions in the Summer Food Service
Program include the definition of rural, measures to ensure program
integrity, meal service models, and State discretion on implementation
approaches. For Summer EBT, in addition to the policies included in the
interim final rule, the Agency considered alternatives in the areas of
State administration, enrollment, EBT issuance and expungement, and
program operations for Indian Tribal Organizations.
Anticipated Cost and Benefits: Implementing the rule's regulatory
requirements is expected to add to current program costs at the
Federal, State, and local levels, with the majority of costs going
towards the establishment and implementation a permanent Summer EBT
program. The implementation of this legislation is anticipated to
benefit families with children by enabling more such families access to
critical nutrition assistance for their children. FNS anticipates that
29 million children currently receiving free or reduced price meals
will be eligible for Summer EBT annually. Participation in the SFSP
will increase over time by 4.4 million, lifting the number of meals
served to children in the summer by more than 380 million.
Risks: Summer EBT will be the first new FNS nutrition program in
decades and will reach millions of children each summer. Crafting
implementing regulations will be a complex process as FNS will need to
consider and make determinations with regards to a large number of
policy decisions. FNS will also need to engage a wide spectrum of
stakeholders early in this process to gather input on best practices
and effective approaches to implementation. Given the short timeframe
to promulgate this IFR, there is a risk that regulations will not
publish in time.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 12/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Local, State.
Agency Contact: Michael DePiro, Specialist, Department of
Agriculture, Food and Nutrition Service, 1320 Braddock Place,
Alexandria, VA 22314, Phone: 703 305-2876, Email:
<a href="/cdn-cgi/l/email-protection#98f5f1fbf0f9fdf4b6fcfde8f1eaf7d8edebfcf9b6fff7ee"><span class="__cf_email__" data-cfemail="701d19131811151c5e14150019021f30050314115e171f06">[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#701d11050215151e5e1c09141f1e30050314115e171f06"><span class="__cf_email__" data-cfemail="c2afa3b7b0a7a7acecaebba6adac82b7b1a6a3eca5adb4">[email protected]</span></a>.
RIN: 0584-AE96
USDA--FOOD SAFETY AND INSPECTION SERVICE (FSIS)
Proposed Rule Stage
7. Labeling of Meat and Poultry Products Made Using Animal Cell Culture
Technology [0583-AD89]
Priority: Other Significant.
Legal Authority: 21 U.S.C. 451 et seq.
CFR Citation: 9 CFR ch. III.
Legal Deadline: None.
Abstract: The Food Safety and Inspection Service (FSIS) is
proposing to establish new requirements for the labeling of meat or
poultry products made using animal cell-culture technology.
Statement of Need: Many companies, both domestic and foreign, are
currently developing cultured products derived from the cells of food
animals amenable to the Federal Meat Inspection Act (FMIA; 21 U.S.C.
601 et seq.) (cattle, sheep, swine, goats, and fish of the order
Siluriformes, e.g., catfish) or the Poultry Products Inspection Act
(PPIA; 21 U.S.C. 451 et seq.) (chickens, turkeys, ducks, geese,
guineas, ratites, and squabs). Human food products derived from these
species fall under FSIS jurisdiction.
Based on FSIS' review of comments on the Advanced Notice of
Proposed Rulemaking, the available literature, and the Agency's ongoing
interactions with the U.S. Food and Drug Administration (FDA) and
industry, FSIS has determined that new regulatory requirements for
labeling are necessary to ensure that cell-cultured meat and poultry
products are truthfully and accurately labeled. Due to the novel method
of production utilized to produce these products, the biological,
chemical, nutritional, or organoleptic properties of some cell-cultured
products may substantively differ from conventionally produced meat and
poultry in a manner that is relevant to consumers. Moreover, these meat
and poultry products, unlike any others on the U.S. market, are not
derived from slaughter. It is imperative, therefore, that such products
display unique labeling terminology that enables consumers to
accurately identify the nature and source of such products.
Summary of Legal Basis: The Federal Meat Inspection Act (FMIA; 21
U.S.C. 601 et seq.) and the Poultry Products Inspection Act (PPIA; 21
U.S.C. 451 et seq.) require that meat and poultry products be
truthfully and accurately labeled and that their labels be pre-approved
by FSIS (21 U.S.C. 607(d) and 457(c), respectively), prior to movement
in commerce. FSIS issues labeling regulations and reviews and approves
[[Page 9311]]
meat and poultry product labels pursuant to these statutory labeling
requirements. Food products made using animal cell culture technology
and derived from the cells of livestock subject to the FMIA or the PPIA
are subject to the labeling (and other applicable) requirements of
these Acts and the regulations issued thereunder.
Alternatives: In addition to the option proposed, the Agency would
consider alternatives for the requirements for labeling of meat or
poultry products made using animal cell culture technology.
Anticipated Cost and Benefits: This proposed rule would benefit the
public by providing truthful and accurate labeling of meat and poultry
products produced using animal cell-culture technology. Consumers would
be able to clearly differentiate cell-cultured products from other meat
and poultry products to make better informed choices. The proposed rule
would benefit industry because all producers would have consistent
labels for their products made using animal cell-culture technology. It
would also allow producers to design their labels with more certainty
because producers would already be aware of FSIS labeling requirements
for these products, reducing potential label modification costs.
FSIS expects its costs to be minimal and that current FSIS staffing
would meet sketch approval needs.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 09/03/21 86 FR 49491
ANPRM Comment Period End............ 12/02/21 .......................
NPRM................................ 05/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Melissa Hammar, Director, Regulations Development
Staff, Department of Agriculture, Food Safety and Inspection Service,
1400 Independence Avenue SW, Washington, DC 20250-3700, Phone: 202 286-
2255, Email: <a href="/cdn-cgi/l/email-protection#dfb2bab3b6acacbef1b7beb2b2bead9faaacbbbef1b8b0a9"><span class="__cf_email__" data-cfemail="93fef6fffae0e0f2bdfbf2fefef2e1d3e6e0f7f2bdf4fce5">[email protected]</span></a>.
RIN: 0583-AD89
USDA--FSIS
8. <bullet> Salmonella Framework [0583-AD96]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: 21 U.S.C. 451 et seq.
CFR Citation: 9 CFR 381.65.
Legal Deadline: None.
Abstract: FSIS is proposing a new regulatory framework targeted at
reducing Salmonella illnesses associated with poultry products. First,
FSIS is proposing final product standards that would define whether
certain raw poultry products contaminated with certain Salmonella
levels and serotypes are adulterated and thus prohibited from entering
commerce. FSIS is also proposing to revise the regulations that require
that all poultry slaughter establishments develop, implement, and
maintain written procedures to prevent contamination by enteric
pathogens throughout the entire slaughter and dressing operation, by
establishing new requirements pertaining to how establishments monitor
and document whether their processes for preventing microbial
contamination are in control. The proposal also focuses on a non-
regulatory approach for controlling Salmonella on incoming flocks.
Statement of Need: While the results of FSIS' Salmonella
verification sampling show that the Agency's current prevalence-based
performance standards approach has been effective in reducing the
proportion of poultry products contaminated with Salmonella, these
measures have not had an observable impact on human illness rates,
estimated to be over 1 million annual Salmonella illnesses from all
sources. Poultry is the leading source of Salmonella foodborne illness
acquired domestically in the United States. Therefore, in October 2021,
FSIS announced that it was mobilizing a stronger, and more
comprehensive effort to reduce Salmonella illnesses associated with
poultry products. As part of this effort, FSIS initiated several
activities designed to gather data and information to inform and
support future actions related to this new effort. FSIS also held a
public meeting in November 2022 to solicit stakeholder input on a draft
regulatory framework that the Agency was considering for a new strategy
to control Salmonella in poultry products and provided an opportunity
for stakeholders to submit written comments. After carefully evaluating
the written comments and other stakeholder input, along with studies
and information that have become available after FSIS made the
framework under consideration available to the public, FSIS is
proposing a new regulatory framework targeted at reducing Salmonella
illnesses associated with poultry products.
Summary of Legal Basis: FSIS regulates the production of poultry
prepared for distribution in interstate commerce under the authority of
the Poultry Products Inspection Act (PPIA) (21 U.S.C. 451 et seq.). 21
U.S.C. 455(b) provides that the Secretary shall cause to be made by
inspector's post-mortem inspection of the carcass of each bird
processed, and at any time reinspection as he deems necessary of
poultry and poultry products capable of use as human food. 21 U.S.C.
455(c) requires that all poultry carcasses and other poultry products
found to be adulterated be condemned. Under the PPIA, a poultry product
is adulterated, among other circumstances, if it bears or contains any
poisonous or deleterious substance that may render it injurious to
health; it is unhealthful, unwholesome, or otherwise unfit for human
consumption; or it was prepared, packaged, or held under unsanitary
conditions whereby it may have been rendered injurious to health (21
U.S.C. 453(g)(1), (3), and (4)). Finally, 21 U.S.C. 463(b) provides
that the Secretary shall promulgate such other rules and regulations as
are necessary to carry out the provisions of the PPIA.
Alternatives: In addition to the proposed option, FSIS considered
an alternative that would keep the current Salmonella performance
standards. The Agency also considered alternatives for various
Salmonella levels and serotypes for the proposed final product
standards.
Anticipated Cost and Benefits: FSIS estimates this proposal would
benefit society by preventing Salmonella illnesses associated with
poultry products. The proposal is also estimated to benefit industry by
reducing the risk of illness outbreak-related recalls. The main cost
associated with this proposal is the cost to industry associated with
maintaining control of products sampled by FSIS for adulterants pending
test results.
Risks: FSIS estimates this proposal would benefit society by
preventing Salmonella illnesses associated with poultry products. The
proposal is also estimated to benefit industry by reducing the risk of
out-break- related recalls. The main cost associated with this proposal
is the cost to industry associated with maintaining control of products
sampled by FSIS for adulterants pending test results.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/00/24 .......................
------------------------------------------------------------------------
[[Page 9312]]
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Agency Contact: Melissa Hammar, Director, Regulations Development
Staff, Department of Agriculture, Food Safety and Inspection Service,
1400 Independence Avenue SW, Washington, DC 20250-3700, Phone: 202 286-
2255, Email: <a href="/cdn-cgi/l/email-protection#a9c4ccc5c0dadac887c1c8c4c4c8dbe9dcdacdc887cec6df"><span class="__cf_email__" data-cfemail="254840494c5656440b4d444848445765505641440b424a53">[email protected]</span></a>.
RIN: 0583-AD96
USDA--FSIS
Final Rule Stage
9. Revision of the Nutrition Facts Labels for Meat and Poultry Products
and Updating Certain Reference Amounts Customarily Consumed [0583-AD56]
Priority: Other Significant.
Legal Authority: 21 U.S.C. 601 et seq.; 21 U.S.C. 451 et seq.
CFR Citation: 9 CFR 317; 9 CFR 381; 9 CFR 413.
Legal Deadline: None.
Abstract: Consistent with the changes that the Food and Drug
Administration (FDA) finalized, the Food Safety and Inspection Service
(FSIS) is amending the Federal meat and poultry products inspection
regulations to update and revise the nutrition labeling requirements
for meat and poultry products to reflect recent scientific research and
dietary recommendations and to improve the presentation of nutrition
information to assist consumers in maintaining healthy dietary
practices.
Statement of Need: On May 27, 2016, the Food and Drug
Administration (FDA) published two final rules: (1) ``Food Labeling:
Revision of the Nutrition and Supplement Facts Labels'' (81 FR 33742);
and (2) ``Food Labeling: Serving Sizes of Foods that Can Reasonably be
Consumed at One Eating Occasion; Dual-Column Labeling; Updating,
Modifying, and Establishing Certain Reference Amounts Customarily
Consumed; Serving Size for Breath Mints; and Technical Amendments'' (81
FR 34000). FDA finalized these rules to update the Nutrition Facts
label to reflect new nutrition and public health research, to reflect
recent dietary recommendations from expert groups, and to improve the
presentation of nutrition information to help consumers make more
informed choices and maintain healthy dietary practices. FSIS has
reviewed FDA's analysis and, to ensure that nutrition information is
presented consistently across the food supply, FSIS is amending the
nutrition labeling regulations for meat and poultry products to
parallel, to the extent possible, FDA's regulations. This approach will
help increase clarity of information for consumers and will improve
efficiency in the marketplace.
Summary of Legal Basis: Under the Federal Meat Inspection Act
(FMIA) (21 U.S.C. 601-695, at 607), the Poultry Products Inspection Act
(PPIA) (21 U.S.C. 451-470, at 457), and the Egg Products Inspection Act
(21 U.S.C. 1031-1056, at 1036) (the Acts), the labels of meat, poultry,
and egg products must be approved by the Secretary of Agriculture, who
has delegated this authority to FSIS, before these products can enter
commerce. The Acts prohibit the sale or offer for sale by any person,
firm, or corporation of any article in commerce under any name or other
marking or labeling that is false or misleading or in any container of
a misleading form or size (21 U.S.C. 607(d); 21 U.S.C. 457(c)). The
Acts also prohibit the distribution in commerce of meat or poultry
products that are adulterated or misbranded. The FMIA and PPIA give
FSIS broad authority to promulgate such rules and regulations as are
necessary to carry out the provisions of the Acts (21 U.S.C. 621 and
463(b)).
To prevent meat and poultry products from being misbranded, the
meat and poultry product inspection regulations require that the labels
of meat and poultry products include specific information, such as
nutrition labels, and that such information be displayed as prescribed
in the regulations (9 CFR parts 317 and 381). The nutrition labeling
requirements for meat and meat food products are in 9 CFR 317.300-
317.400, and the nutrition labeling requirements for poultry products
are in 9 CFR 381.400-381.500.
Alternatives: FSIS considered three alternatives for the final
rule: (1) No action; (2) A 24-month compliance period for large
businesses and a 36-month compliance period for small businesses (as
proposed); or (3) A 12-month compliance period for large businesses and
a 24-month compliance period for small businesses for faster label
harmonization.
Anticipated Cost and Benefits: These regulations are expected to
benefit consumers by increasing and improving dietary information
available in the market. Firms will incur a one-time cost for
relabeling, recordkeeping costs, and costs associated with voluntary
reformulation. Many firms have voluntarily begun using the FDA format,
which will reduce costs.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/19/17 82 FR 6732
NPRM Comment Period End............. 04/19/17 .......................
Final Action........................ 04/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Melissa Hammar, Director, Regulations Development
Staff, Department of Agriculture, Food Safety and Inspection Service,
1400 Independence Avenue SW, Washington, DC 20250-3700, Phone: 202 286-
2255, Email: <a href="/cdn-cgi/l/email-protection#036e666f6a7070622d6b626e6e627143767067622d646c75"><span class="__cf_email__" data-cfemail="cda0a8a1a4bebeace3a5aca0a0acbf8db8bea9ace3aaa2bb">[email protected]</span></a>.
RIN: 0583-AD56
USDA--FSIS
10. Voluntary Labeling of FSIS-Regulated Products With U.S. Origin
Claims [0583-AD87]
Priority: Other Significant.
Legal Authority: 21 U.S.C. 601 et seq.; 21 U.S.C. 451 et seq.; 21
U.S.C. 1031 et seq.; 7 U.S.C. 1622 and 1624
CFR Citation: 9 CFR 412.3.
Legal Deadline: None.
Abstract: The Food Safety and Inspection Service (FSIS) is amending
its regulations to define the conditions under which the labeling of
meat, poultry, and egg products, as well as voluntarily-inspected
products, can bear voluntary statements indicating that the product is
of United States (U.S.) origin.
Statement of Need: FSIS conducted a comprehensive review of the
Agency's current voluntary Product of USA labeling policy to help
determine what the Product of USA label claim means to consumers of
FSIS-regulated products in the U.S. marketplace. FSIS started this
review after receiving several petitions stating that the voluntary
label claim Product of USA is confusing to consumers. FSIS' review of
the policy included a consumer survey on Product of USA labeling on
beef and pork products. Based on the consumer survey results, reviews
of consumer research, and comments received on the petitions, FSIS is
revising its regulations to reduce consumer confusion surrounding
current voluntary U.S.-origin labeling policy.
Summary of Legal Basis: Under the Federal Meat Inspection Act
(FMIA) (21 U.S.C. 601-695, at 607), the Poultry Products Inspection Act
(PPIA) (21 U.S.C. 451-470, at 457), and the Egg Products Inspection Act
(21 U.S.C. 1031-1056, at 1036), the labels of meat, poultry, and egg
products must be approved by the Secretary of
[[Page 9313]]
Agriculture, who has delegated this authority to FSIS, before these
products can enter commerce. FSIS also provides voluntary reimbursable
inspection services, including label approval, under the Agricultural
Marketing Act (AMA) (7 U.S.C. 1622 and 1624) for eligible products not
requiring mandatory inspection under the FMIA, PPIA, and EPIA. Under
the mandates of the FMIA, PPIA, and EPIA, any meat, poultry, or egg
product is misbranded if its labeling is false or misleading in any
particular (21 U.S.C. 601(n)(1); 21 U.S.C. 453(h)(1); 21 U.S.C.
1036(b)). FSIS has similar authority under the AMA concerning labels of
products receiving voluntary inspection services (7 U.S.C. 1622(h)(1)).
Alternatives: In addition to the option proposed, the Agency
considered the following alternatives: (1) Keeping the current
regulatory requirements for U.S.-origin product labeling and taking no
proposed regulatory action; and (2) Taking the proposed regulatory
action but extending the compliance period for the regulatory changes
after publication of the final rule.
Anticipated Cost and Benefits: Establishments may incur costs
associated with voluntarily changing their labels as a result of any
revised regulatory requirements. The finale rule is expected to result
in quantified industry relabeling, recordkeeping, and market testing
costs, which combined are estimated to cost approximately $3 million,
annualized at a 7 percent discount rate over 10 years. The changes will
benefit consumers by matching the voluntary Product of USA and Made in
the USA label claims with the definition that consumers' likely
expected, i.e., as product being derived from animals born, raised,
slaughtered, and processed in the United States. The final rule will
reduce false or misleading U.S. origin labeling and will reduce the
market failures associated with incorrect and imperfect information.
Risks: N/A.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/13/23 88 FR 15290
NPRM Comment Period End............. 06/11/23 .......................
Final Action........................ 03/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Melissa Hammar, Director, Regulations Development
Staff, Department of Agriculture, Food Safety and Inspection Service,
1400 Independence Avenue SW, Washington, DC 20250-3700, Phone: 202 286-
2255, Email: <a href="/cdn-cgi/l/email-protection#c7aaa2abaeb4b4a6e9afa6aaaaa6b587b2b4a3a6e9a0a8b1"><span class="__cf_email__" data-cfemail="c4a9a1a8adb7b7a5eaaca5a9a9a5b684b1b7a0a5eaa3abb2">[email protected]</span></a>.
RIN: 0583-AD87
USDA--FOREST SERVICE (FS)
Proposed Rule Stage
11. Update and Clarification of the Locatable Minerals Regulations
[0596-AD32]
Priority: Other Significant.
Legal Authority: 30 U.S.C. 612
CFR Citation: 36 CFR 228 (A).
Legal Deadline: None.
Abstract: The Forest Service proposes the revision of its locatable
mineral regulations to better reflect the needs of our national
defense, economic prosperity, and environmental stewardship. The agency
has identified many challenges in the current regulations, and revising
the regulations to address these would allow the Forest Service to
better implement its mining regulations. Specifically, the Forest
Service is considering in this proposed rule to (1) better meet the
purpose of the rule, which is to minimize, to the fullest extent
practicable, adverse impacts to surface resources which may result from
locatable mineral operations; (2) increase efficiency and transparency
in the review process for proposed mineral operations; and (3) increase
consistency with the Department of the Interior, Bureau of Land
Management (BLM) surface management regulations. This rule will meet
the Administration's goals of improving environmental stewardship while
also providing more timely response, especially to proposed critical
minerals operations.
Statement of Need: The Forest Service proposes the amendment of its
locatable mineral regulations to better reflect the needs of both the
Forest Service and mining industry. Despite major changes in the mining
industry and many lessons learned through administering minerals
activity on National Forest System (NFS) lands, the Forest Service
locatable mineral regulations at 36 CFR 228 subpart A (228A) have
remained largely unchanged since first published in 1974. Moreover,
specific recommendations to revise and update the 228A regulations have
been made in two prominent external reports: the 1999 National Research
Council publication Hard Rock Mining on Federal Lands and the 2016
Government Accountability Office report Hardrock Mining: BLM and Forest
Service Have Taken Some Actions to Expedite the Mine Plan Review
Process but Could Do More (GAO-16-165). By addressing recent issues and
remedying existing weakness in current regulations that have been
identified, the Forest Service would be consistent with the Biden-
Harris Administration Fundamental Principles for Domestic Mining Reform
by establishing strong responsible mining standards, increasing
efficiency in permitting times, and improving environmental, social,
and economic outcomes.
Summary of Legal Basis: The Mining Law of 1872, as amended, confers
a statutory right to enter upon certain National Forest System lands to
search for locatable minerals. The Organic Act of 1897 authorized the
Forest Service to make rules to regulate occupancy and use of the land
and preserve the forests from destruction. The Forest Service's
existing regulations for administering locatable minerals activity on
National Forest System (NFS) lands are found at 36 CFR part 228 subpart
A. These rules govern prospecting, exploration, development, mining,
and processing operations conducted on National Forest System lands.
Under these rules, the Forest Service requires operators proposing to
conduct locatable mineral activity which would likely cause significant
disturbance of surface resources to obtain prior approval file a plan
of operations.
Alternatives: Proposed Action: Publish a proposed rule and seek
public comment on updates to 228A that will significantly improve and
clarify requirements related to processing plans of operation,
reclamation, and operator financial assurance in the event of default.
These changes would support the following Administration priorities:
<bullet> Provide Permitting Certainty: The proposed rule will
modernize Forest Service administration of surface use and occupancy of
NFS lands for locatable mining operations, provide additional clarity
for operators subject to these regulations, continue to minimize
adverse impacts to surface resources on NFS lands, and increase
alignment with BLM's mining law regulations which will facilitate
coordination for projects that span both agency jurisdictions.
Increased detail and clarity in agency regulations will reduce the need
for time consuming, back-and-forth information requests to obtain a
complete operating plan from proponents.
<bullet> Climate: The proposed rule requires more detail in
operating plan submittals to put greater emphasis on up-front planning
and subsequent operational monitoring of mining activity to address
potential environmental and public safety impacts of more frequent
extreme weather events, and decrease the
[[Page 9314]]
likelihood of catastrophic events, such as tailings impoundment
failures.
<bullet> Critical Minerals and American Supply Chains: The demand
for minerals produced from federal lands is expected to increase to
address green energy and carbon-neutral goals. Many critical minerals
are only economic to recover when combined with the recovery of a host
mineral. The proposed rule clarifies many aspects of administering
locatable mining activity on NFS land which is expected to increase
agency efficiency, reduce processing time, and facilitate sustainable
exploration and development of all locatable mineral deposits,
including those containing critical minerals.
<bullet> Meaningful Consultation with Tribal Nations: The proposed
rule's detailed requirements for operating plan submittals will enhance
consultation with Tribal Nations through the availability of more
information earlier in the process to better assess potential impacts
to sacred sites and treaty rights.
<bullet> Conserving Lands and Waters (30 by 30): The proposed rule
expands surface resource protection requirements, agency enforcement
options, and financial guarantee provisions to minimize the impact of
hardrock mining activity to NFS land and water and will reduce the risk
and consequences of legacy pollution.
<bullet> Economy: Hardrock exploration and mining activity
generates jobs in many rural communities adjacent to NFS lands. Mining
companies pay income and many other taxes to federal and state
governments. For every job at a mine, there's another job in the
regional economy that exists because of the mining operation. The
locatable mining industry in 2018 supported more than 7,800 direct and
indirect jobs. Through more efficient administration of hardrock
activity, the Forest Service can better implement federal policy to
foster and encourage private enterprise in the sustainable development
of domestic resources which would benefit local economies as well as
decrease vulnerability to national supply chains.
No Action: A no action alternative would leave the regulations
unchanged, thus maintaining the status-quo.
Anticipated Cost and Benefits: Anticipated costs include increased
costs to industry in providing more detail in submitting plans of
operation. However, a substantial cost savings for the Forest Service
is expected from more modern and efficient agency review and approval
of plans of operations.
Anticipated benefits of the updates to 228A would stem from more
modern and efficient agency review and approval of plans of operations.
The benefits to industry derive from timelier development of, access
to, and use of locatable minerals on National Forest System lands.
Expedited access and development of locatable mineral resources is
expected to result in an increase in the time value of revenues
generated by locatable operations. A potential benefit to the public of
facilitating access to National Forest System lands is the increased
opportunity to develop domestic sources of strategic and critical
minerals which would decrease vulnerability to American supply chains.
Most importantly, benefits to the public from the proposed rule are the
continued protection, and in some cases, increased assurance about
protection of ecosystems and corresponding goods and services from the
potential damages of locatable mining activities.
Risks: Not applicable.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 09/13/18 83 FR 46451
ANPRM Comment Period End............ 10/15/18 .......................
NPRM................................ 08/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Federal.
Agency Contact: Nathan Morris, Department of Agriculture, Forest
Service, 1400 Independence Avenue SW, Washington, DC 20250, Phone: 202
205-0833, Email: <a href="/cdn-cgi/l/email-protection#fe909f8a969f90d093918c8c978dbe8b8d9a9fd0999188"><span class="__cf_email__" data-cfemail="2b454a5f434a45054644595942586b5e584f4a054c445d">[email protected]</span></a>.
RIN: 0596-AD32
USDA--RURAL BUSINESS--COOPERATIVE SERVICE (RBS)
Proposed Rule Stage
12. <bullet> Higher Blends Infrastructure Incentive Program [0570-AB11]
Priority: Section 3(f)(1) Significant. Major status under 5 U.S.C.
801 is undetermined.
Legal Authority: 5 U.S.C. 301; 7 U.S.C. 1989
CFR Citation: Not Yet Determined.
Legal Deadline: None.
Abstract: The Higher Blends Infrastructure Program (HBIIP) is a
program designed to increase the sales and use of higher blends of
ethanol and biodiesel by expanding the infrastructure for renewable
fuels derived from U.S. agricultural products. The program is also
intended to encourage a more comprehensive approach to market higher
blends by sharing the costs related to building out biofuel-related
infrastructure. The program should increase availability of domestic
biofuels and give Americans additional cleaner fuel options at the
pump.
RBCS is proposing a rule to codify the policies and procedures for
the program in the Code of Federal Regulations, as this program has a
significant impact on climate change which is an administration
priority. The proposed rule is intended to seek comment on codification
of existing authorities provided through statutory language on
eligibility requirements, types and terms of funding, program
requirements and processing procedures.
RBCS intends to conduct public engagement to hear from stakeholders
and potential applicants about what they would like to see in the
regulation as well as what has worked and what has not worked in the
past. This program has been implemented for multiple years, so the
public should have some input on what has worked and what has not in
the past. RBCS is looking for suggestions and input both from those who
have applied in the past and those that did not, why they opted not to
and if the program could do anything to encourage new applicants.
Targeted primary stakeholders include owners of fueling station
owners, convenience store, and fleets, including auto, truck, rail and
marine, and their industry associations. Secondary stakeholders include
equipment manufacturers, distributors, and installers; State Energy
Offices and State Departments of Agriculture; biofuel producers and
farmers/agricultural producers and their industry associations; EPA,
DOT, DOE, and other Federal agencies; and other stakeholders and groups
with related interests such as environmental and health.
Statement of Need: The purpose HBIIP is to increase significantly
the sales and use of higher blends of ethanol and bio diesel by
expanding the infrastructure for renewable fuels derived from U.S.
agricultural products. The program is also intended to encourage a more
comprehensive approach to market higher blends by sharing the costs
related to building out biofuel-related infrastructure. Currently, the
Rural Business-Cooperative Service (RBCS) implements the program
through a Notice of Funding Opportunity. This program was initially
implemented in fiscal year 2020 through a Notice of Funding Opportunity
and under the Commodity Credit Corporation (CCC) authority. In fiscal
[[Page 9315]]
year 2023 this was included in IRA and under RBCS authority and a
Notice of Funding Opportunity was yet again issued. RBCS is proposing a
rule to codify the policies and procedures for the program in the Code
of Federal Regulations as this program has a significant impact on
climate change which is an administration priority.
Summary of Legal Basis: This regulatory action is not required by
statute or court order; however, the underlying statutes authorizing
RBCS to create these regulations are 5 U.S.C. 301 and 7 U.S.C. 1989.
Alternatives: The alternative to rulemaking is to continue to
operate the program through issuance of a Notice of Funding Opportunity
to announce application windows and applicable requirements for the
program.
Anticipated Cost and Benefits: The Agency does not expect the new
regulation to result in additional costs to applicants or the
government.
Risks: At this time, the Agency has not completed risk analysis for
this action.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Proposed Rule....................... 06/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Agency Contact: Jeffrey Carpenter, HBIIP Program Manager,
Department of Agriculture, Rural Business-Cooperative Service, 1400
Independence Avenue SW, Washington, DC 20250, Phone: 402 437-5554,
Email: <a href="/cdn-cgi/l/email-protection#f298979494dc91938082979c869780b287819693dc959d84"><span class="__cf_email__" data-cfemail="7f151a1919511c1e0d0f1a110b1a0d3f0a0c1b1e51181009">[email protected]</span></a>.
RIN: 0570-AB11
BILLING CODE 3410-90-P
DEPARTMENT OF COMMERCE
Statement of Regulatory Priorities
Established in 1903, the Department of Commerce (Commerce or
Department) is one of the oldest Cabinet-level agencies in the Federal
Government. Commerce's mission is to create the conditions for economic
growth and opportunity across all American communities by promoting
innovation, entrepreneurship, competitiveness, and environmental
stewardship. Commerce has 12 operating units, which manage a diverse
portfolio of programs and services ranging from trade promotion and
economic development assistance to improved broadband access and the
National Weather Service, and from standards development and
statistical data production, including the decennial census, to patents
and fisheries management. Across these varied activities, the
Department seeks to provide a foundation for a more equitable,
resilient, and globally competitive economy.
To fulfill its mission, Commerce works in partnership with
businesses, educational institutions, community organizations,
government agencies, and individuals to:
<bullet> Innovate by supporting the creation of new ideas through
cutting-edge science and technology, from advances in nanotechnology to
ocean exploration to broadband deployment, and by protecting American
innovations through the patent and trademark system;
<bullet> Support entrepreneurship and commercialization by enabling
community development and strengthening opportunities for minority and
other underserved businesses and small businesses;
<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.
Commerce's Regulatory Plan tracks the most important regulations
that the Department anticipates issuing to implement these policy and
program priorities and foster sustainable and equitable growth. Of
Commerce's 12 primary operating units, three bureaus--the National
Oceanic and Atmospheric Administration (NOAA), the United States Patent
and Trademark Office (USPTO), and the Bureau of Industry and Security
(BIS)--issue the vast majority of the Department's regulations, and
these three bureaus account for all the planned actions that are
considered the Department's highest priority pre-regulatory or
regulatory actions for FY 2024.
Consistent with Executive Order 14094, moreover, the Department and
its bureaus routinely seek to inform their rulemaking with meaningful
opportunities for public input. The efforts of NOAA, USPTO, and BIS to
promote public engagement are discussed in their respective sections,
below.
National Oceanic and Atmospheric Administration
NOAA's mission is built on three pillars: science, service, and
stewardship--to understand and predict changes in climate, weather,
oceans, and coasts; to share that knowledge and information with
others; and to conserve and manage coastal and marine ecosystems and
resources.
At its core, NOAA is a scientific agency. It observes, measures,
monitors, and collects data from the depths of the ocean to the surface
of the sun, and it does so following principles of scientific
integrity. These data are turned into weather and climate models and
forecasts that are then used for everything from local weather
forecasts to predicting the movement of wildfire smoke to identifying
the impacts of climate change on fisheries and living marine resources.
With respect to service, NOAA not only collects data but seeks to
make it operational. By providing Federal, State, local, Tribal
government partners, the private sector, and the public with actionable
environmental information, NOAA can facilitate decision-making in the
face of climate change. Such decisions can range from businesses
planning the location of offices; insurance companies trying to
incorporate climate risk into their insurance policies; and
municipalities looking to ensure that plans for construction of new
housing developments will be resilient to the effects of climate
change.
The final pillar of NOAA's mission is stewardship. NOAA seeks to
conserve our lands, waters, and natural resources, protecting people
and the environment now and for future generations. As part of
Commerce, moreover, NOAA recognizes that economic growth must go hand-
in-hand with environmental stewardship. For example, the nation's
fisheries enhance the nation's productivity and long-term economic
growth while ensuring sustainability. Si
[…truncated; see source link]Indexed from Federal Register on February 9, 2024.
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.