80_FR_78272 80 FR 78032 - Unified Agenda of Federal Regulatory and Deregulatory Actions

80 FR 78032 - Unified Agenda of Federal Regulatory and Deregulatory Actions

GENERAL SERVICES ADMINISTRATION

Federal Register Volume 80, Issue 240 (December 15, 2015)

Page Range78032-78033
FR Document2015-30661

This agenda announces the proposed regulatory actions that GSA plans for the next 12 months and those that were completed since the spring 2015 edition. This agenda was developed under the guidelines of Executive Order 12866 ``Regulatory Planning and Review.'' The Agency's purpose in publishing this agenda is to allow interested persons an opportunity to participate in the rulemaking process and also invites interested persons to recommend existing significant regulations for review to determine whether they should be modified or eliminated. Proposed rules may be reviewed in their entirety at the Government's rulemaking Web site at http://www.regulations.gov. Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), GSA's printed agenda entries include only: (1) Rules that are in the Agency's regulatory flexibility agenda, in accordance with the Regulatory Flexibility Act, because they are likely to have a significant economic impact on a substantial number of small entities; and (2) Any rules that the Agency has identified for periodic review under section 610 of the Regulatory Flexibility Act. Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act's agenda requirements. Additional information on these entries is available in the Unified Agenda published on the Internet. In addition, for fall editions of the Agenda, the entire Regulatory Plan will continue to be printed in the Federal Register, as in past years, including GSA's regulatory plan.

Federal Register, Volume 80 Issue 240 (Tuesday, December 15, 2015)
[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Unknown Section]
[Pages 78032-78033]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30661]



[[Page 78031]]

Vol. 80

Tuesday,

No. 240

December 15, 2015

Part XVIII





General Services Administration





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Semiannual Regulatory Agenda

Federal Register / Vol. 80 , No. 240 / Tuesday, December 15, 2015 / 
Unified Agenda

[[Page 78032]]


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GENERAL SERVICES ADMINISTRATION

41 CFR Chs. 101, 102, 300, and 301

48 CFR Chapter 5


Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY: General Services Administration (GSA).

ACTION: Semiannual regulatory agenda.

-----------------------------------------------------------------------

SUMMARY: This agenda announces the proposed regulatory actions that GSA 
plans for the next 12 months and those that were completed since the 
spring 2015 edition. This agenda was developed under the guidelines of 
Executive Order 12866 ``Regulatory Planning and Review.'' The Agency's 
purpose in publishing this agenda is to allow interested persons an 
opportunity to participate in the rulemaking process and also invites 
interested persons to recommend existing significant regulations for 
review to determine whether they should be modified or eliminated. 
Proposed rules may be reviewed in their entirety at the Government's 
rulemaking Web site at http://www.regulations.gov.
    Because publication in the Federal Register is mandated for the 
regulatory flexibility agendas required by the Regulatory Flexibility 
Act (5 U.S.C. 602), GSA's printed agenda entries include only:
    (1) Rules that are in the Agency's regulatory flexibility agenda, 
in accordance with the Regulatory Flexibility Act, because they are 
likely to have a significant economic impact on a substantial number of 
small entities; and
    (2) Any rules that the Agency has identified for periodic review 
under section 610 of the Regulatory Flexibility Act.
    Printing of these entries is limited to fields that contain 
information required by the Regulatory Flexibility Act's agenda 
requirements. Additional information on these entries is available in 
the Unified Agenda published on the Internet. In addition, for fall 
editions of the Agenda, the entire Regulatory Plan will continue to be 
printed in the Federal Register, as in past years, including GSA's 
regulatory plan.

FOR FURTHER INFORMATION CONTACT: Hada Flowers, Division Director, 
Regulatory Secretariat Division at (202) 501-4755.

    Dated: September 18, 2015.
Christine Harada,
Associate Administrator, Office of Government-wide Policy.

          General Services Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
374.......................  General Services                   3090-AJ67
                             Administration
                             Acquisition Regulation
                             (GSAR); GSAR Case 2015-
                             G512, Unenforceable
                             Commercial Supplier
                             Agreement Terms.
------------------------------------------------------------------------


            General Services Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
375.......................  General Services                   3090-AJ43
                             Administration
                             Acquisition Regulation
                             (GSAR); GSAR Case 2010-
                             G511, Purchasing by Non-
                             Federal Entities.
376.......................  General Services                   3090-AJ51
                             Administration
                             Acquisition Regulation
                             (GSAR); GSAR Case 2013-
                             G504, Transactional Data
                             Reporting.
377.......................  General Services                   3090-AJ57
                             Administration Regulation
                             (GSAR); GSAR Case 2015-
                             G508, Removal of
                             Unnecessary Construction
                             Clauses and Editorial
                             Changes.
------------------------------------------------------------------------


GENERAL SERVICES ADMINISTRATION (GSA)

Office of Acquisition Policy

Proposed Rule Stage

374.  General Services Administration Acquisition Regulation 
(GSAR); GSAR Case 2015-G512, Unenforceable Commercial Supplier 
Agreement Terms

    Legal Authority: 40 U.S.C. 121(c)
    Abstract: GSA is proposing to amended the General Services 
Administration Acquisition Regulation (GSAR) to streamline the 
evaluation process to award contracts containing commercial supplier 
agreements Government and industry often spend significant time 
negotiating elements common in almost every commercial supplier 
agreement where the terms conflict with federal law. Past negotiations 
would always lead to deleting the terms from the contract, but only 
after several rounds of legal review by both parties. This case would 
explore methods for automatically nullifying these common terms out of 
contracts.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Janet Fry, Program Analyst, General Services 
Administration, 1800 F Street NW., Washington, DC 20405, Phone: 703 
605-3167, Email: [email protected].
    RIN: 3090-AJ67

GENERAL SERVICES ADMINISTRATION (GSA)

Office of Acquisition Policy

Final Rule Stage

375. General Services Administration Acquisition Regulation (GSAR); 
GSAR Case 2010-G511, Purchasing by Non-Federal Entities

    Legal Authority: 40 U.S.C. 121(c)
    Abstract: The General Services Administration (GSA) is amending the 
General Services Administration Acquisition Regulation (GSAR), to 
implement the Federal Supply Schedules Usage Act of 2010 (FSSUA), the 
Native American Housing Assistance and Self-Determination 
Reauthorization Act of 2008 (NAHASDA), the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (NDAA), and the Local 
Preparedness Acquisition Act for Fiscal

[[Page 78033]]

Year 2008 (LPAA), to provide increased access to GSA's Federal Supply 
Schedules (Schedules). The Federal Supply Schedule Contracting and 
Solicitation Provisions and Contract Clauses, in regard to this 
statutory implementation. This case is included in GSA's retrospective 
review of existing regulations under Executive Order 13563. Additional 
information is located in GSA's retrospective review (2015), available 
at: www.gsa.gov/improvingregulations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/17/14  79 FR 21691
NPRM Comment Period End.............   06/16/14
Final Rule..........................   12/00/15
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dana L Munson, Procurement Analyst, General 
Services Administration, 1800 F Street NW., Washington, DC 20405, 
Phone: 202 357-9652, Email: [email protected].
    RIN: 3090-AJ43

376. General Services Administration Acquisition Regulation (GSAR); 
GSAR Case 2013-G504, Transactional Data Reporting

    Legal Authority: 40 U.S.C. 121(c)
    Abstract: The General Services Administration (GSA) is issuing a 
final rule amending the General Services Administration Acquisition 
Regulation (GSAR) to require vendors to report transactional data from 
orders and prices paid by ordering activities. This includes orders 
placed against both Federal Supply Schedule (FSS) contract vehicles and 
GSA's non-FSS contract vehicles, Governmentwide Acquisition Contracts 
(GWACs) and Multi-Agency Contracts (MACs).
    Once implemented, the new GSAR transactional data reporting clauses 
will enable GSA to provide Federal agencies with further market 
intelligence and expert guidance in procuring goods and services in 
each category of GSA acquisition vehicles. The new requirement will not 
affect the Department of Veterans Affairs (VA) FSS contract holders.
    The proposed amendment to the GSAR will add an alternate version of 
the existing GSAR clause 552.238-74 Industrial Funding Fee and Sales 
Reporting (IFF) (Federal Supply Schedule) and a new GSAR clause 
552.216-75 Sales Reporting and Fee Remittance. Under the FSS program, 
vendors that agree to the new transactional reporting requirement will 
have their contracts modified with an alternate version of clause 
552.238-75 Price Reductions; the alternate version of clause 552.238-75 
does not require the vendor to monitor and provide price reductions to 
the Government when the customer or category of customer upon which the 
contract was predicated receives a discount. GSA will implement the new 
transactional data reporting requirements in phases, beginning with 
specific contract vehicles, including a few select Federal Supply 
Schedules, or Special Item Numbers that show the greatest potential to 
optimize transactional data via category management and reduced price 
variability. GSA will engage stakeholders throughout the phases of the 
implementation.
    GSA is reviewing the public comments received and analyzing 
alternatives for issuing collecting transactional data, including the 
potential publication of a final rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/04/15  80 FR 11619
NPRM Comment Period End.............   05/04/15
NPRM Comment Period Extended........   05/06/15  80 FR 25994
NPRM Comment Period Extended End....   05/11/15
Final Rule..........................   05/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Leah Price, Procurement Analyst, General Services 
Administration, 1800 F Street NW., Washington, DC 20405, Phone: 703 
605-2558, Email: [email protected].
    RIN: 3090-AJ51

377. General Services Administration Regulation (GSAR); GSAR CASE 2015-
G508, Removal of Unnecessary Construction Clauses and Editorial Changes

    Legal Authority: 40 U.S.C. 121(c)
    Abstract: The General Services Administration (GSA) is amending the 
General Services Administration Acquisition Regulation (GSAR) to revise 
GSAR part 536, Construction and Architect-Engineer Contracts, and 
corresponding provisions and clauses in GSAR part 552, Solicitation 
Provisions and Contract Clauses, to remove unnecessary construction 
clauses. These provisions and clauses are now covered in the FAR or are 
otherwise no longer necessary for the agency. Removing these clauses 
simplifies contract terms and conditions, reduces regulatory burden to 
contractors, and eliminates any conflict with language contained in 
construction contract technical specifications.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/30/15  80 FR 45498
NPRM Comment Period End.............   09/28/15
Final Rule..........................   02/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Christina Mullins, Procurement Analyst, General 
Services Administration, 1800 F Street NW., Washington, DC 20405, 
Phone: 202 969-4966, Email: [email protected].
    RIN: 3090-AJ57

[FR Doc. 2015-30661 Filed 12-14-15; 8:45 am]
BILLING CODE 6820-34-P



                                                      78032                      Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Unified Agenda

                                                      GENERAL SERVICES                                            to participate in the rulemaking process                section 610 of the Regulatory Flexibility
                                                      ADMINISTRATION                                              and also invites interested persons to                  Act.
                                                                                                                  recommend existing significant                             Printing of these entries is limited to
                                                      41 CFR Chs. 101, 102, 300, and 301                          regulations for review to determine                     fields that contain information required
                                                                                                                  whether they should be modified or
                                                                                                                                                                          by the Regulatory Flexibility Act’s
                                                      48 CFR Chapter 5                                            eliminated. Proposed rules may be
                                                                                                                                                                          agenda requirements. Additional
                                                                                                                  reviewed in their entirety at the
                                                      Unified Agenda of Federal Regulatory                        Government’s rulemaking Web site at                     information on these entries is available
                                                      and Deregulatory Actions                                    http://www.regulations.gov.                             in the Unified Agenda published on the
                                                                                                                     Because publication in the Federal                   Internet. In addition, for fall editions of
                                                      AGENCY:  General Services                                   Register is mandated for the regulatory                 the Agenda, the entire Regulatory Plan
                                                      Administration (GSA).                                       flexibility agendas required by the                     will continue to be printed in the
                                                      ACTION: Semiannual regulatory agenda.                       Regulatory Flexibility Act (5 U.S.C.                    Federal Register, as in past years,
                                                                                                                  602), GSA’s printed agenda entries                      including GSA’s regulatory plan.
                                                      SUMMARY:   This agenda announces the                        include only:
                                                      proposed regulatory actions that GSA                                                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                                     (1) Rules that are in the Agency’s
                                                      plans for the next 12 months and those                      regulatory flexibility agenda, in                       Hada Flowers, Division Director,
                                                      that were completed since the spring                        accordance with the Regulatory                          Regulatory Secretariat Division at (202)
                                                      2015 edition. This agenda was                               Flexibility Act, because they are likely                501–4755.
                                                      developed under the guidelines of                           to have a significant economic impact                     Dated: September 18, 2015.
                                                      Executive Order 12866 ‘‘Regulatory                          on a substantial number of small                        Christine Harada,
                                                      Planning and Review.’’ The Agency’s                         entities; and
                                                                                                                                                                          Associate Administrator, Office of
                                                      purpose in publishing this agenda is to                        (2) Any rules that the Agency has
                                                                                                                                                                          Government-wide Policy.
                                                      allow interested persons an opportunity                     identified for periodic review under

                                                                                                 GENERAL SERVICES ADMINISTRATION—PROPOSED RULE STAGE
                                                                                                                                                                                                          Regulation
                                                        Sequence No.                                                                        Title                                                        Identifier No.

                                                      374 ....................   General Services Administration Acquisition Regulation (GSAR); GSAR Case 2015–G512, Unenforceable                             3090–AJ67
                                                                                  Commercial Supplier Agreement Terms.


                                                                                                     GENERAL SERVICES ADMINISTRATION—FINAL RULE STAGE
                                                                                                                                                                                                          Regulation
                                                        Sequence No.                                                                        Title                                                        Identifier No.

                                                      375 ....................   General Services Administration Acquisition Regulation (GSAR); GSAR Case 2010–G511, Purchasing by                             3090–AJ43
                                                                                  Non-Federal Entities.
                                                      376 ....................   General Services Administration Acquisition Regulation (GSAR); GSAR Case 2013–G504, Transactional                             3090–AJ51
                                                                                  Data Reporting.
                                                      377 ....................   General Services Administration Regulation (GSAR); GSAR Case 2015–G508, Removal of Unnecessary                                3090–AJ57
                                                                                  Construction Clauses and Editorial Changes.



                                                      GENERAL SERVICES                                            only after several rounds of legal review               GENERAL SERVICES
                                                      ADMINISTRATION (GSA)                                        by both parties. This case would explore                ADMINISTRATION (GSA)
                                                      Office of Acquisition Policy                                methods for automatically nullifying                    Office of Acquisition Policy
                                                                                                                  these common terms out of contracts.
                                                      Proposed Rule Stage                                                                                                 Final Rule Stage
                                                                                                                    Timetable:
                                                      374. • General Services Administration                                                                              375. General Services Administration
                                                      Acquisition Regulation (GSAR); GSAR                                Action                 Date         FR Cite      Acquisition Regulation (GSAR); GSAR
                                                      Case 2015–G512, Unenforceable                                                                                       Case 2010–G511, Purchasing by Non-
                                                      Commercial Supplier Agreement Terms                         NPRM ..................    02/00/16                     Federal Entities
                                                        Legal Authority: 40 U.S.C. 121(c)                                                                                   Legal Authority: 40 U.S.C. 121(c)
                                                        Abstract: GSA is proposing to                               Regulatory Flexibility Analysis                         Abstract: The General Services
                                                      amended the General Services                                Required: Yes.                                          Administration (GSA) is amending the
                                                      Administration Acquisition Regulation                         Agency Contact: Janet Fry, Program                    General Services Administration
                                                      (GSAR) to streamline the evaluation                                                                                 Acquisition Regulation (GSAR), to
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                                  Analyst, General Services
                                                      process to award contracts containing                       Administration, 1800 F Street NW.,                      implement the Federal Supply
                                                      commercial supplier agreements                              Washington, DC 20405, Phone: 703 605–                   Schedules Usage Act of 2010 (FSSUA),
                                                      Government and industry often spend                         3167, Email: janet.fry@gsa.gov.                         the Native American Housing
                                                      significant time negotiating elements                                                                               Assistance and Self-Determination
                                                      common in almost every commercial                             RIN: 3090–AJ67                                        Reauthorization Act of 2008
                                                      supplier agreement where the terms                                                                                  (NAHASDA), the John Warner National
                                                      conflict with federal law. Past                                                                                     Defense Authorization Act for Fiscal
                                                      negotiations would always lead to                                                                                   Year 2007 (NDAA), and the Local
                                                      deleting the terms from the contract, but                                                                           Preparedness Acquisition Act for Fiscal


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                                                                                Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Unified Agenda                                                78033

                                                      Year 2008 (LPAA), to provide increased                    services in each category of GSA                          Regulatory Flexibility Analysis
                                                      access to GSA’s Federal Supply                            acquisition vehicles. The new                           Required: Yes.
                                                      Schedules (Schedules). The Federal                        requirement will not affect the                           Agency Contact: Leah Price,
                                                      Supply Schedule Contracting and                           Department of Veterans Affairs (VA)                     Procurement Analyst, General Services
                                                      Solicitation Provisions and Contract                      FSS contract holders.                                   Administration, 1800 F Street NW.,
                                                      Clauses, in regard to this statutory                         The proposed amendment to the                        Washington, DC 20405, Phone: 703 605–
                                                      implementation. This case is included                     GSAR will add an alternate version of                   2558, Email: leah.price@gsa.gov.
                                                      in GSA’s retrospective review of                          the existing GSAR clause 552.238–74                       RIN: 3090–AJ51
                                                      existing regulations under Executive                      Industrial Funding Fee and Sales
                                                                                                                Reporting (IFF) (Federal Supply                         377. General Services Administration
                                                      Order 13563. Additional information is
                                                                                                                Schedule) and a new GSAR clause                         Regulation (GSAR); GSAR CASE 2015–
                                                      located in GSA’s retrospective review
                                                                                                                552.216–75 Sales Reporting and Fee                      G508, Removal of Unnecessary
                                                      (2015), available at: www.gsa.gov/
                                                                                                                Remittance. Under the FSS program,                      Construction Clauses and Editorial
                                                      improvingregulations.
                                                        Timetable:                                              vendors that agree to the new                           Changes
                                                                                                                transactional reporting requirement will                  Legal Authority: 40 U.S.C. 121(c)
                                                             Action                Date          FR Cite        have their contracts modified with an                     Abstract: The General Services
                                                                                                                alternate version of clause 552.238–75                  Administration (GSA) is amending the
                                                      NPRM ..................     04/17/14    79 FR 21691       Price Reductions; the alternate version                 General Services Administration
                                                      NPRM Comment                06/16/14                      of clause 552.238–75 does not require
                                                        Period End.                                                                                                     Acquisition Regulation (GSAR) to revise
                                                      Final Rule ............     12/00/15
                                                                                                                the vendor to monitor and provide price                 GSAR part 536, Construction and
                                                                                                                reductions to the Government when the                   Architect-Engineer Contracts, and
                                                        Regulatory Flexibility Analysis                         customer or category of customer upon                   corresponding provisions and clauses in
                                                      Required: Yes.                                            which the contract was predicated                       GSAR part 552, Solicitation Provisions
                                                        Agency Contact: Dana L Munson,                          receives a discount. GSA will                           and Contract Clauses, to remove
                                                      Procurement Analyst, General Services                     implement the new transactional data                    unnecessary construction clauses. These
                                                      Administration, 1800 F Street NW.,                        reporting requirements in phases,                       provisions and clauses are now covered
                                                      Washington, DC 20405, Phone: 202 357–                     beginning with specific contract                        in the FAR or are otherwise no longer
                                                      9652, Email: dana.munson@gsa.gov.                         vehicles, including a few select Federal                necessary for the agency. Removing
                                                        RIN: 3090–AJ43                                          Supply Schedules, or Special Item                       these clauses simplifies contract terms
                                                                                                                Numbers that show the greatest                          and conditions, reduces regulatory
                                                      376. General Services Administration                      potential to optimize transactional data                burden to contractors, and eliminates
                                                      Acquisition Regulation (GSAR); GSAR                       via category management and reduced                     any conflict with language contained in
                                                      Case 2013–G504, Transactional Data                        price variability. GSA will engage                      construction contract technical
                                                      Reporting                                                 stakeholders throughout the phases of                   specifications.
                                                         Legal Authority: 40 U.S.C. 121(c)                      the implementation.                                       Timetable:
                                                         Abstract: The General Services                            GSA is reviewing the public
                                                      Administration (GSA) is issuing a final                   comments received and analyzing                                Action              Date        FR Cite
                                                      rule amending the General Services                        alternatives for issuing collecting
                                                      Administration Acquisition Regulation                     transactional data, including the                       NPRM ..................   07/30/15   80 FR 45498
                                                      (GSAR) to require vendors to report                       potential publication of a final rule.                  NPRM Comment              09/28/15
                                                      transactional data from orders and                           Timetable:                                             Period End.
                                                      prices paid by ordering activities. This                                                                          Final Rule ............   02/00/16
                                                      includes orders placed against both                              Action                 Date         FR Cite
                                                      Federal Supply Schedule (FSS) contract                                                                              Regulatory Flexibility Analysis
                                                                                                                NPRM ..................   03/04/15     80 FR 11619      Required: Yes.
                                                      vehicles and GSA’s non-FSS contract                       NPRM Comment              05/04/15
                                                      vehicles, Governmentwide Acquisition                                                                                Agency Contact: Christina Mullins,
                                                                                                                  Period End.
                                                      Contracts (GWACs) and Multi-Agency                        NPRM Comment              05/06/15     80 FR 25994      Procurement Analyst, General Services
                                                      Contracts (MACs).                                           Period Ex-                                            Administration, 1800 F Street NW.,
                                                         Once implemented, the new GSAR                           tended.                                               Washington, DC 20405, Phone: 202 969–
                                                      transactional data reporting clauses will                 NPRM Comment              05/11/15                      4966, Email: christina.mullins@gsa.gov.
                                                      enable GSA to provide Federal agencies                      Period Ex-                                              RIN: 3090–AJ57
                                                                                                                  tended End.
                                                      with further market intelligence and                      Final Rule ............   05/00/16
                                                                                                                                                                        [FR Doc. 2015–30661 Filed 12–14–15; 8:45 am]
                                                      expert guidance in procuring goods and                                                                            BILLING CODE 6820–34–P
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




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Document Created: 2018-03-02 09:15:50
Document Modified: 2018-03-02 09:15:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionUnknown Section
ActionSemiannual regulatory agenda.
ContactHada Flowers, Division Director, Regulatory Secretariat Division at (202) 501-4755.
FR Citation80 FR 78032 

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