82_FR_40396 82 FR 40233 - Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions

82 FR 40233 - Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions

REGULATORY INFORMATION SERVICE CENTER

Federal Register Volume 82, Issue 163 (August 24, 2017)

Page Range40233-40238
FR Document2017-16859

The Update to the 2017 Unified Agenda of Federal Regulatory and Deregulatory Actions. Publication of the Update to the 2017 Unified Agenda of Federal Regulatory and Deregulatory Actions represents a key component of the regulatory planning mechanism prescribed in Executive Order 12866 ``Regulatory Planning and Review'' (58 FR 51735) and Executive Order 13771 (82 FR 93390, January 30, 2017, Reducing Regulation and Controlling Regulatory Costs. 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). In the Unified Agenda of Federal Regulatory and Deregulatory Actions (Unified Agenda) agencies report regulatory actions upcoming in the next year. Executive Order 12866 ``Regulatory Planning and Review,'' signed September 30, 1993 (58 FR 51735), and Office of Management and Budget memoranda implementing section 4 of that Order establish minimum standards for agencies' agendas, including specific types of information for each entry. The Unified Agenda helps agencies fulfill these requirements. All Federal regulatory agencies have chosen to publish their regulatory agendas as part of the Unified Agenda. The complete update of the 2017 Unified Agenda contains the regulatory agendas for 66 Federal agencies, is available to the public at http://reginfo.gov. The Update to the 2017 Unified Agenda publication appearing in the Federal Register consists of 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.

Federal Register, Volume 82 Issue 163 (Thursday, August 24, 2017)
[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Unknown Section]
[Pages 40233-40238]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16859]



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Vol. 82

Thursday,

No. 163

August 24, 2017

Part II





 Regulatory Information Service Center





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Semiannual Regulatory Agenda

Federal Register / Vol. 82 , No. 163 / Thursday, August 24, 2017 / 
Unified Agenda

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REGULATORY INFORMATION SERVICE CENTER


Introduction to the Unified Agenda of Federal Regulatory and 
Deregulatory Actions

AGENCY: Regulatory Information Service Center.

ACTION: Introduction to the Unified Agenda of Federal Regulatory and 
Deregulatory Actions.

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SUMMARY: The Update to the 2017 Unified Agenda of Federal Regulatory 
and Deregulatory Actions.
    Publication of the Update to the 2017 Unified Agenda of Federal 
Regulatory and Deregulatory Actions represents a key component of the 
regulatory planning mechanism prescribed in Executive Order 12866 
``Regulatory Planning and Review'' (58 FR 51735) and Executive Order 
13771 (82 FR 93390, January 30, 2017, Reducing Regulation and 
Controlling Regulatory Costs.
    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).
    In the Unified Agenda of Federal Regulatory and Deregulatory 
Actions (Unified Agenda) agencies report regulatory actions upcoming in 
the next year. Executive Order 12866 ``Regulatory Planning and 
Review,'' signed September 30, 1993 (58 FR 51735), and Office of 
Management and Budget memoranda implementing section 4 of that Order 
establish minimum standards for agencies' agendas, including specific 
types of information for each entry.
    The Unified Agenda helps agencies fulfill these requirements. All 
Federal regulatory agencies have chosen to publish their regulatory 
agendas as part of the Unified Agenda. The complete update of the 2017 
Unified Agenda contains the regulatory agendas for 66 Federal agencies, 
is available to the public at http://reginfo.gov.
    The Update to the 2017 Unified Agenda publication appearing in the 
Federal Register consists of 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 (MVE), General 
Services Administration, 1800 F Street NW., MVE, Room 2219F, 
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: John C. Thomas, Executive Director, 
Regulatory Information Service Center (MVE), General Services 
Administration, 1800 F Street NW., MVE, Room 2219F, Washington, DC 
20405, (202) 482-7340. You may also send comments to us by email at: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Introduction to the Unified Agenda of Federal Regulatory and 
Deregulatory Actions

I. What is the Unified Agenda?

    The Unified Agenda provides information about regulations that the 
Government is considering or reviewing. The Unified Agenda has appeared 
in the Federal Register twice each year since 1983 and has been 
available online since 1995. The complete Unified Agenda is available 
to the public at http://reginfo.gov. The online Unified Agenda offers 
user-friendly flexible search tools and a vast historical database.
    The Update to the 2017 Unified Agenda publication appearing in the 
Federal Register consists of agency regulatory flexibility agendas, in 
accordance with the publication requirements of the Regulatory 
Flexibility Act. Agency regulatory flexibility agendas contain only 
those Agenda entries for rules that are likely to have a significant 
economic impact on a substantial number of small entities and entries 
that have been selected for periodic review under section 610 of the 
Regulatory Flexibility Act. Printed entries display only the fields 
required by the Regulatory Flexibility Act. Complete agenda information 
for those entries appears, in a uniform format, in the online Unified 
Agenda at http://reginfo.gov.
    These publication formats meet the publication mandates of the 
Regulatory Flexibility Act and Executive Order 12866. The complete 
online edition of the Unified Agenda includes regulatory agendas from 
66 Federal agencies. Agencies of the United States Congress are not 
included.
    The following agencies have no entries identified for inclusion in 
the printed regulatory flexibility agenda. The regulatory agendas of 
these agencies are available to the public at http://reginfo.gov.

Department of Education
Department of State
Department of Veterans Affairs
African Development Foundation
Agency for International Development
Commission on Civil Rights
Committee for Purchase From People Who Are Blind or Severely 
Disabled
Corporation for National and Community Service
Court Services and Offender Supervision Agency for the District of 
Columbia
Equal Employment Opportunity Commission
National Archives and Records Administration
National Endowment for the Arts
National Endowment for the Humanities
National Science Foundation
Office of Government Ethics
Office of Management and Budget
Office of Personnel Management
Office of the United States Trade Representative
Peace Corps
Pension Benefit Guaranty Corporation
Privacy and Civil Liberties Oversight Board
Railroad Retirement Board
Social Security Administration
Council of the Inspectors General on Integrity and Efficiency
Defense Nuclear Facilities Safety Board
Farm Credit Administration
Farm Credit System Insurance Corporation
Federal Deposit Insurance Corporation
Federal Energy Regulatory Commission
Federal Housing Finance Agency
Federal Maritime Commission
Federal Trade Commission
National Council on Disability
National Credit Union Administration
National Indian Gaming Commission
National Labor Relations Board
National Transportation Safety Board
Postal Regulatory Commission
Special Inspector General for Afghanistan Reconstruction

    The Regulatory Information Service Center compiles the Unified 
Agenda for the Office of Information and Regulatory Affairs (OIRA), 
part of the Office of Management and Budget. OIRA is responsible for 
overseeing the Federal Government's regulatory, paperwork, and 
information resource management activities, including implementation of 
Executive Order 12866 (incorporated by reference 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 Unified Agenda are, in general, 
those that will have a regulatory action within the next 12 months. 
Agencies may choose to

[[Page 40235]]

include activities that will have a longer timeframe than 12 months. 
Agency agendas also show actions or reviews completed or withdrawn 
since the last Unified Agenda. Executive Order 12866 does not require 
agencies to include regulations concerning military or foreign affairs 
functions or regulations related to agency organization, management, or 
personnel matters.
    Agencies prepared entries for this publication to give the public 
notice of their plans to review, propose, and issue or withdraw 
regulations. They have tried to predict their activities over the next 
12 months as accurately as possible, but dates and schedules are 
subject to change. Agencies may withdraw some of the regulations now 
under development, and they may issue or propose other regulations not 
included in their agendas. Agency actions in the rulemaking process may 
occur before or after the dates they have listed. The Unified Agenda 
does not create a legal obligation on agencies to adhere to schedules 
in this publication or to confine their regulatory activities to those 
regulations that appear within it.

II. Why is the Unified Agenda published?

    The Unified Agenda helps agencies comply with their obligations 
under the Regulatory Flexibility Act and various Executive orders and 
other statutes.

Executive Order 12866

    Executive Order 12866 entitled ``Regulatory Planning and Review,'' 
signed September 30, 1993, (58 FR 51735), requires covered agencies to 
prepare an agenda of all regulations under development or review. The 
Order also requires that certain agencies prepare annually a regulatory 
plan of their ``most important significant regulatory actions,'' which 
appears as part of the fall Unified Agenda.

Executive Order 13771 Reducing Regulation and Controlling Regulatory 
Costs

    Executive Order 13771 entitled ``Reducing Regulation and 
Controlling Regulatory Costs signed January 27, 2017, (82 FR 8977) 
requires that for every one new regulation issued, at least two prior 
regulations be identified for elimination, and that the cost of planned 
regulations be prudently managed and controlled through a budgeting 
process.

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 
entitled ``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 13132

    Executive Order 13132 entitled ``Federalism,'' signed 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 entitled ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use,'' signed 
May 18, 2001, (66 FR 28355), directs agencies to provide, to the extent 
possible, information regarding the adverse effects that agency actions 
may have on the supply, distribution, and use of energy. Under the 
Order, the agency must prepare and submit a Statement of Energy Effects 
to the Administrator of the Office of Information and Regulatory 
Affairs, Office of Management and Budget, for ``those matters 
identified as significant energy actions.'' As part of this effort, 
agencies may optionally include in their submissions for the Unified 
Agenda information on whether they have prepared or plan to prepare a 
Statement of Energy Effects for their regulatory actions.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (Pub. L. 
104-121, title II) established a procedure for congressional review of 
rules (5 U.S.C. 801 et seq.), which defers, unless exempted, the 
effective date of a ``major'' rule for at least 60 days from the 
publication of the final rule in the Federal Register. The Act 
specifies that a rule is ``major'' if it has resulted, or is likely to 
result, in an annual effect on the economy of $100 million or more or 
meets other criteria specified in that Act. The Act provides that the 
Administrator of OIRA will make the final determination as to whether a 
rule is major.

III. How is the Unified Agenda organized?

    Agency regulatory flexibility agendas are printed in a single daily 
edition of the Federal Register. A regulatory flexibility agenda is 
printed for each agency whose agenda includes entries for rules which 
are likely to have a significant economic impact on a substantial 
number of small entities or rules that have been selected for periodic 
review under section 610 of the Regulatory Flexibility Act. Each 
printed agenda appears as a separate part. The parts 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

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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. In the online Agenda, users can select the 
particular agencies whose 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 Unified Agenda is associated with one of five 
rulemaking stages. The rulemaking stages are:
    1. Prerule Stage--actions agencies will undertake to determine 
whether or how to initiate rulemaking. Such actions occur prior to a 
Notice of Proposed Rulemaking (NPRM) and may include Advance Notices of 
Proposed Rulemaking (ANPRMs) and reviews of existing regulations.
    2. Proposed Rule Stage--actions for which agencies plan to publish 
a Notice of Proposed Rulemaking as the next step in their rulemaking 
process or for which the closing date of the NPRM Comment Period is the 
next step.
    3. Final Rule Stage--actions for which agencies plan to publish a 
final rule or an interim final rule or to take other final action as 
the next step.
    4. Long-Term Actions--items under development but for which the 
agency does not expect to have a regulatory action within the 12 months 
after publication of this edition of the Unified Agenda. Some of the 
entries in this section may contain abbreviated information.
    5. Completed Actions--actions or reviews the agency has completed 
or withdrawn since publishing its last agenda. This section also 
includes items the agency began and completed between issues of the 
Agenda.
    Long-Term Actions are rulemakings reported during the publication 
cycle that are outside of the required 12-month reporting period for 
which the Agenda was intended. Completed Actions in the publication 
cycle are rulemakings that are ending their lifecycle either by 
Withdrawal or completion of the rulemaking process. Therefore, the 
Long-Term and Completed RINs do not represent the ongoing, forward-
looking nature intended for reporting developing rulemakings in the 
Agenda pursuant to Executive Order 12866, section 4(b) and 4(c). To 
further differentiate these two stages of rulemaking in the Unified 
Agenda from active rulemakings, Long-Term and Completed Actions are 
reported separately from active rulemakings, which can be any of the 
first three stages of rulemaking listed above. A separate search 
function is provided on http://reginfo.gov to search for Completed and 
Long-Term Actions apart from each other and active RINs.
    A bullet () preceding the title of an entry indicates that 
the entry is appearing in the Unified Agenda for the first time.
    In the printed edition, all entries are numbered sequentially from 
the beginning to the end of the publication. The sequence number 
preceding the title of each entry identifies the location of the entry 
in this edition. The sequence number is used as the reference in the 
printed table of contents. Sequence numbers are not used in the online 
Unified Agenda because the unique Regulation Identifier Number (RIN) is 
able to provide this cross-reference capability.
    Editions of the Unified Agenda prior to fall 2007 contained several 
indexes, which identified entries with various characteristics. These 
included regulatory actions for which agencies believe that the 
Regulatory Flexibility Act may require a Regulatory Flexibility 
Analysis, actions selected for periodic review under section 610(c) of 
the Regulatory Flexibility Act, and actions that may have federalism 
implications as defined in Executive Order 13132 or other effects on 
levels of government. These indexes are no longer compiled, because 
users of the online Unified Agenda have the flexibility to search for 
entries with any combination of desired characteristics.

IV. What information appears for each entry?

    All entries in the online Unified Agenda contain uniform data 
elements including, at a minimum, the following information:
    Title of the Regulation--a brief description of the subject of the 
regulation. In the printed edition, the notation ``Section 610 Review'' 
following the title indicates that the agency has selected the rule for 
its periodic review of existing rules under the Regulatory Flexibility 
Act (5 U.S.C. 610(c)). Some agencies have indicated completions of 
section 610 reviews or rulemaking actions resulting from completed 
section 610 reviews. In the online edition, these notations appear in a 
separate field.
    Priority--an indication of the significance of the regulation. 
Agencies assign each entry to one of the following five categories of 
significance.

(1) Economically Significant

    As defined in Executive Order 12866, a rulemaking action that will 
have an annual effect on the economy of $100 million or more or will 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities. The definition of an ``economically significant'' rule is 
similar but not identical to the definition of a ``major'' rule under 5 
U.S.C. 801 (Pub. L. 104-121). (See below.)

(2) Other Significant

    A rulemaking that is not Economically Significant but is considered 
Significant by the agency. This category includes rules that the agency 
anticipates will be reviewed under Executive Order 12866 or rules that 
are a priority of the agency head. These rules may or may not be 
included in the agency's regulatory plan.

(3) Substantive, Nonsignificant

    A rulemaking that has substantive impacts but is neither 
Significant, nor Routine and Frequent, nor Informational/
Administrative/Other.

(4) Routine and Frequent

    A rulemaking that is a specific case of a multiple recurring 
application of a regulatory program in the Code of Federal Regulations 
and that does not alter the body of the regulation.

(5) Informational/Administrative/Other

    A rulemaking that is primarily informational or pertains to agency 
matters not central to accomplishing the agency's regulatory mandate 
but that the agency places in the Unified Agenda to inform the public 
of the activity.
    Major--whether the rule is ``major'' under 5 U.S.C. 801 (Pub. L. 
104-121) because it has resulted or is likely to result in an annual 
effect on the economy of $100 million or more or meets other criteria 
specified in that Act. The Act provides that the Administrator of the 
Office of Information and Regulatory Affairs will make the final 
determination as to whether a rule is major.
    Unfunded Mandates--whether the rule is covered by section 202 of 
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The Act 
requires that, before issuing an NPRM likely to result in a mandate 
that may result in expenditures by State, local, and tribal 
governments, in the aggregate, or by the private sector of more than 
$100 million in 1 year, agencies, other than independent regulatory 
agencies, shall

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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 06/00/14 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 fall 
2015.
    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 government-wide e-rulemaking site, http://www.regulations.gov.
    Additional Information--any information an agency wishes to include 
that does not have a specific corresponding data element.
    Compliance Cost to the Public--the estimated gross compliance cost 
of the action.
    Affected Sectors--the industrial sectors that the action may most 
affect, either directly or indirectly. Affected sectors are identified 
by North American Industry Classification System (NAICS) codes.
    Energy Effects--an indication of whether the agency has prepared or 
plans to prepare a Statement of Energy Effects for the action, as 
required by Executive Order 13211 ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' signed May 
18, 2001 (66 FR 28355).
    Related RINs--one or more past or current RIN(s) associated with 
activity related to this action, such as merged RINs, split RINs, new 
activity for previously completed RINs, or duplicate RINs.
    Some agencies that participated in the fall 2016 edition of The 
Regulatory Plan have chosen to include the following information for 
those entries that appeared in the Plan:
    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.
    EO--An Executive order is a directive from the President to 
Executive agencies, issued under constitutional or statutory authority. 
Executive orders are published in the Federal Register and in title 3 
of the Code of Federal Regulations.
    FR--The Federal Register is a daily Federal Government publication 
that provides a uniform system for publishing Presidential documents, 
all proposed and final regulations, notices of meetings, and other 
official documents issued by Federal agencies.
    FY--The Federal fiscal year runs from October 1 to September 30.
    NPRM--A Notice of Proposed Rulemaking is the document an agency 
issues and publishes in the Federal

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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; 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.
    PL (or Pub. L.)--A public law is a law passed by Congress and 
signed by the President or enacted over his veto. It has general 
applicability, unlike a private law that applies only to those persons 
or entities specifically designated. Public laws are numbered in 
sequence throughout the 2-year life of each Congress; for example, PL 
110-4 is the fourth public law of the 110th Congress.
    RFA--A Regulatory Flexibility Analysis is a description and 
analysis of the impact of a rule on small entities, including small 
businesses, small governmental jurisdictions, and certain small not-
for-profit organizations. The Regulatory Flexibility Act (5 U.S.C. 601 
et seq.) requires each agency to prepare an initial RFA for public 
comment when it is required to publish an NPRM and to make available a 
final RFA when the final rule is published, unless the agency head 
certifies that the rule would not have a significant economic impact on 
a substantial number of small entities.
    RIN--The Regulation Identifier Number is assigned by the Regulatory 
Information Service Center to identify each regulatory action listed in 
the Unified Agenda, as directed by Executive Order 12866 (section 
4(b)). Additionally, OMB has asked agencies to include RINs in the 
headings of their Rule and Proposed Rule documents when publishing them 
in the Federal Register, to make it easier for the public and agency 
officials to track the publication history of regulatory actions 
throughout their development.
    Seq. No.--The sequence number identifies the location of an entry 
in the printed edition of the Unified Agenda. Note that a specific 
regulatory action will have the same RIN throughout its development but 
will generally have different sequence numbers if it appears in 
different printed editions of the Unified Agenda. Sequence numbers are 
not used in the online Unified Agenda.
    U.S.C.--The United States Code is a consolidation and codification 
of all general and permanent laws of the United States. The U.S.C. is 
divided into 50 titles, each title covering a broad area of Federal 
law.

VI. How can users get copies of the 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 
Printing 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 Web site. 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 http://reginfo.gov, along with flexible 
search tools.
    The Government Publishing Office's GPO FDsys Web site contains 
copies of the Agendas and Regulatory Plans that have been printed in 
the Federal Register. These documents are available at http://www.fdsys.gov.

    Dated: July 10, 2017.
 John C. Thomas,
Executive Director.
[FR Doc. 2017-16859 Filed 8-23-17; 8:45 am]
 BILLING CODE 6820-27-P



                                                                                                          Vol. 82                           Thursday,
                                                                                                          No. 163                           August 24, 2017




                                                                                                          Part II


                                                                                                          Regulatory Information Service Center
                                                                                                          Semiannual Regulatory Agenda
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                                                     40234                 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda

                                                     REGULATORY INFORMATION                                  periodic review under section 610 of the                The following agencies have no
                                                     SERVICE CENTER                                          Regulatory Flexibility Act.                           entries identified for inclusion in the
                                                                                                             ADDRESSES: Regulatory Information                     printed regulatory flexibility agenda.
                                                     Introduction to the Unified Agenda of                   Service Center (MVE), General Services                The regulatory agendas of these agencies
                                                     Federal Regulatory and Deregulatory                     Administration, 1800 F Street NW.,                    are available to the public at http://
                                                     Actions                                                 MVE, Room 2219F, Washington, DC                       reginfo.gov.
                                                     AGENCY:  Regulatory Information Service                 20405.                                                Department of Education
                                                     Center.                                                                                                       Department of State
                                                                                                             FOR FURTHER INFORMATION CONTACT:              For
                                                                                                                                                                   Department of Veterans Affairs
                                                     ACTION: Introduction to the Unified                     further information about specific                    African Development Foundation
                                                     Agenda of Federal Regulatory and                        regulatory actions, please refer to the               Agency for International Development
                                                     Deregulatory Actions.                                   agency contact listed for each entry. To              Commission on Civil Rights
                                                                                                             provide comment on or to obtain further               Committee for Purchase From People Who
                                                     SUMMARY:    The Update to the 2017                      information about this publication,                     Are Blind or Severely Disabled
                                                     Unified Agenda of Federal Regulatory                    contact: John C. Thomas, Executive                    Corporation for National and Community
                                                     and Deregulatory Actions.                               Director, Regulatory Information Service                Service
                                                        Publication of the Update to the 2017                Center (MVE), General Services                        Court Services and Offender Supervision
                                                     Unified Agenda of Federal Regulatory                                                                            Agency for the District of Columbia
                                                                                                             Administration, 1800 F Street NW.,
                                                     and Deregulatory Actions represents a                                                                         Equal Employment Opportunity Commission
                                                                                                             MVE, Room 2219F, Washington, DC                       National Archives and Records
                                                     key component of the regulatory                         20405, (202) 482–7340. You may also                     Administration
                                                     planning mechanism prescribed in                        send comments to us by email at: RISC@                National Endowment for the Arts
                                                     Executive Order 12866 ‘‘Regulatory                      gsa.gov.                                              National Endowment for the Humanities
                                                     Planning and Review’’ (58 FR 51735)                                                                           National Science Foundation
                                                                                                             SUPPLEMENTARY INFORMATION:
                                                     and Executive Order 13771 (82 FR                                                                              Office of Government Ethics
                                                     93390, January 30, 2017, Reducing                       Introduction to the Unified Agenda of                 Office of Management and Budget
                                                     Regulation and Controlling Regulatory                   Federal Regulatory and Deregulatory                   Office of Personnel Management
                                                     Costs.                                                  Actions                                               Office of the United States Trade
                                                        The Regulatory Flexibility Act                                                                               Representative
                                                                                                             I. What is the Unified Agenda?                        Peace Corps
                                                     requires that agencies publish
                                                     semiannual regulatory agendas in the                       The Unified Agenda provides                        Pension Benefit Guaranty Corporation
                                                                                                             information about regulations that the                Privacy and Civil Liberties Oversight Board
                                                     Federal Register describing regulatory                                                                        Railroad Retirement Board
                                                     actions they are developing that may                    Government is considering or                          Social Security Administration
                                                     have a significant economic impact on                   reviewing. The Unified Agenda has                     Council of the Inspectors General on Integrity
                                                     a substantial number of small entities (5               appeared in the Federal Register twice                  and Efficiency
                                                     U.S.C. 602).                                            each year since 1983 and has been                     Defense Nuclear Facilities Safety Board
                                                        In the Unified Agenda of Federal                     available online since 1995. The                      Farm Credit Administration
                                                     Regulatory and Deregulatory Actions                     complete Unified Agenda is available to               Farm Credit System Insurance Corporation
                                                     (Unified Agenda) agencies report                        the public at http://reginfo.gov. The                 Federal Deposit Insurance Corporation
                                                     regulatory actions upcoming in the next                 online Unified Agenda offers user-                    Federal Energy Regulatory Commission
                                                                                                             friendly flexible search tools and a vast             Federal Housing Finance Agency
                                                     year. Executive Order 12866
                                                                                                                                                                   Federal Maritime Commission
                                                     ‘‘Regulatory Planning and Review,’’                     historical database.                                  Federal Trade Commission
                                                     signed September 30, 1993 (58 FR                           The Update to the 2017 Unified                     National Council on Disability
                                                     51735), and Office of Management and                    Agenda publication appearing in the                   National Credit Union Administration
                                                     Budget memoranda implementing                           Federal Register consists of agency                   National Indian Gaming Commission
                                                     section 4 of that Order establish                       regulatory flexibility agendas, in                    National Labor Relations Board
                                                     minimum standards for agencies’                         accordance with the publication                       National Transportation Safety Board
                                                     agendas, including specific types of                    requirements of the Regulatory                        Postal Regulatory Commission
                                                     information for each entry.                             Flexibility Act. Agency regulatory                    Special Inspector General for Afghanistan
                                                                                                             flexibility agendas contain only those                  Reconstruction
                                                        The Unified Agenda helps agencies
                                                     fulfill these requirements. All Federal                 Agenda entries for rules that are likely                The Regulatory Information Service
                                                     regulatory agencies have chosen to                      to have a significant economic impact                 Center compiles the Unified Agenda for
                                                     publish their regulatory agendas as part                on a substantial number of small entities             the Office of Information and Regulatory
                                                     of the Unified Agenda. The complete                     and entries that have been selected for               Affairs (OIRA), part of the Office of
                                                     update of the 2017 Unified Agenda                       periodic review under section 610 of the              Management and Budget. OIRA is
                                                     contains the regulatory agendas for 66                  Regulatory Flexibility Act. Printed                   responsible for overseeing the Federal
                                                     Federal agencies, is available to the                   entries display only the fields required              Government’s regulatory, paperwork,
                                                     public at http://reginfo.gov.                           by the Regulatory Flexibility Act.                    and information resource management
                                                        The Update to the 2017 Unified                       Complete agenda information for those                 activities, including implementation of
                                                     Agenda publication appearing in the                     entries appears, in a uniform format, in              Executive Order 12866 (incorporated by
                                                     Federal Register consists of agency                     the online Unified Agenda at http://                  reference in Executive Order 13563).
                                                     regulatory flexibility agendas, in                      reginfo.gov.                                          The Center also provides information
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                                                     accordance with the publication                            These publication formats meet the                 about Federal regulatory activity to the
                                                     requirements of the Regulatory                          publication mandates of the Regulatory                President and his Executive Office, the
                                                     Flexibility Act. Agency regulatory                      Flexibility Act and Executive Order                   Congress, agency officials, and the
                                                     flexibility agendas contain only those                  12866. The complete online edition of                 public.
                                                     Agenda entries for rules that are likely                the Unified Agenda includes regulatory                  The activities included in the Unified
                                                     to have a significant economic impact                   agendas from 66 Federal agencies.                     Agenda are, in general, those that will
                                                     on a substantial number of small entities               Agencies of the United States Congress                have a regulatory action within the next
                                                     and entries that have been selected for                 are not included.                                     12 months. Agencies may choose to


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                                                                           Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda                                             40235

                                                     include activities that will have a longer              impact on a substantial number of small               Agenda those regulatory actions they
                                                     timeframe than 12 months. Agency                        entities (5 U.S.C. 602). Agencies meet                believe are subject to title II of the Act.
                                                     agendas also show actions or reviews                    that requirement by including the
                                                                                                                                                                   Executive Order 13211
                                                     completed or withdrawn since the last                   information in their submissions for the
                                                     Unified Agenda. Executive Order 12866                   Unified Agenda. Agencies may also                        Executive Order 13211 entitled
                                                     does not require agencies to include                    indicate those regulations that they are              ‘‘Actions Concerning Regulations That
                                                     regulations concerning military or                      reviewing as part of their periodic                   Significantly Affect Energy Supply,
                                                     foreign affairs functions or regulations                review of existing rules under the                    Distribution, or Use,’’ signed May 18,
                                                     related to agency organization,                         Regulatory Flexibility Act (5 U.S.C.                  2001, (66 FR 28355), directs agencies to
                                                     management, or personnel matters.                       610). Executive Order 13272 entitled                  provide, to the extent possible,
                                                         Agencies prepared entries for this                  ‘‘Proper Consideration of Small Entities              information regarding the adverse
                                                     publication to give the public notice of                in Agency Rulemaking,’’ signed August                 effects that agency actions may have on
                                                     their plans to review, propose, and issue               13, 2002, (67 FR 53461), provides                     the supply, distribution, and use of
                                                     or withdraw regulations. They have                      additional guidance on compliance with                energy. Under the Order, the agency
                                                     tried to predict their activities over the              the Act.                                              must prepare and submit a Statement of
                                                     next 12 months as accurately as                                                                               Energy Effects to the Administrator of
                                                     possible, but dates and schedules are                   Executive Order 13132                                 the Office of Information and Regulatory
                                                     subject to change. Agencies may                            Executive Order 13132 entitled                     Affairs, Office of Management and
                                                     withdraw some of the regulations now                                                                          Budget, for ‘‘those matters identified as
                                                                                                             ‘‘Federalism,’’ signed August 4, 1999,
                                                     under development, and they may issue                                                                         significant energy actions.’’ As part of
                                                                                                             (64 FR 43255), directs agencies to have
                                                     or propose other regulations not                                                                              this effort, agencies may optionally
                                                                                                             an accountable process to ensure
                                                     included in their agendas. Agency                                                                             include in their submissions for the
                                                                                                             meaningful and timely input by State
                                                     actions in the rulemaking process may                                                                         Unified Agenda information on whether
                                                                                                             and local officials in the development of
                                                     occur before or after the dates they have                                                                     they have prepared or plan to prepare a
                                                                                                             regulatory policies that have
                                                     listed. The Unified Agenda does not                                                                           Statement of Energy Effects for their
                                                                                                             ‘‘federalism implications’’ as defined in
                                                     create a legal obligation on agencies to                                                                      regulatory actions.
                                                                                                             the Order. Under the Order, an agency
                                                     adhere to schedules in this publication                 that is proposing a regulation with                   Small Business Regulatory Enforcement
                                                     or to confine their regulatory activities               federalism implications, which either                 Fairness Act
                                                     to those regulations that appear within                 preempt State law or impose non-                         The Small Business Regulatory
                                                     it.                                                     statutory unfunded substantial direct                 Enforcement Fairness Act (Pub. L. 104–
                                                     II. Why is the Unified Agenda                           compliance costs on State and local                   121, title II) established a procedure for
                                                     published?                                              governments, must consult with State                  congressional review of rules (5 U.S.C.
                                                                                                             and local officials early in the process              801 et seq.), which defers, unless
                                                        The Unified Agenda helps agencies                    of developing the regulation. In
                                                     comply with their obligations under the                                                                       exempted, the effective date of a
                                                                                                             addition, the agency must provide to the              ‘‘major’’ rule for at least 60 days from
                                                     Regulatory Flexibility Act and various                  Director of the Office of Management
                                                     Executive orders and other statutes.                                                                          the publication of the final rule in the
                                                                                                             and Budget a federalism summary                       Federal Register. The Act specifies that
                                                     Executive Order 12866                                   impact statement for such a regulation,               a rule is ‘‘major’’ if it has resulted, or is
                                                                                                             which consists of a description of the                likely to result, in an annual effect on
                                                        Executive Order 12866 entitled
                                                                                                             extent of the agency’s prior consultation             the economy of $100 million or more or
                                                     ‘‘Regulatory Planning and Review,’’
                                                                                                             with State and local officials, a                     meets other criteria specified in that
                                                     signed September 30, 1993, (58 FR
                                                                                                             summary of their concerns and the                     Act. The Act provides that the
                                                     51735), requires covered agencies to
                                                                                                             agency’s position supporting the need to              Administrator of OIRA will make the
                                                     prepare an agenda of all regulations
                                                                                                             issue the regulation, and a statement of              final determination as to whether a rule
                                                     under development or review. The
                                                                                                             the extent to which those concerns have               is major.
                                                     Order also requires that certain agencies
                                                                                                             been met. As part of this effort, agencies
                                                     prepare annually a regulatory plan of                                                                         III. How is the Unified Agenda
                                                                                                             include in their submissions for the
                                                     their ‘‘most important significant                                                                            organized?
                                                                                                             Unified Agenda information on whether
                                                     regulatory actions,’’ which appears as
                                                                                                             their regulatory actions may have an                     Agency regulatory flexibility agendas
                                                     part of the fall Unified Agenda.
                                                                                                             effect on the various levels of                       are printed in a single daily edition of
                                                     Executive Order 13771 Reducing                          government and whether those actions                  the Federal Register. A regulatory
                                                     Regulation and Controlling Regulatory                   have federalism implications.                         flexibility agenda is printed for each
                                                     Costs                                                                                                         agency whose agenda includes entries
                                                                                                             Unfunded Mandates Reform Act of 1995
                                                        Executive Order 13771 entitled                                                                             for rules which are likely to have a
                                                     ‘‘Reducing Regulation and Controlling                      The Unfunded Mandates Reform Act                   significant economic impact on a
                                                     Regulatory Costs signed January 27,                     of 1995 (Pub. L. 104–4, title II) requires            substantial number of small entities or
                                                     2017, (82 FR 8977) requires that for                    agencies to prepare written assessments               rules that have been selected for
                                                     every one new regulation issued, at least               of the costs and benefits of significant              periodic review under section 610 of the
                                                     two prior regulations be identified for                 regulatory actions ‘‘that may result in               Regulatory Flexibility Act. Each printed
                                                                                                             the expenditure by State, local, and                  agenda appears as a separate part. The
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                                                     elimination, and that the cost of
                                                     planned regulations be prudently                        tribal governments, in the aggregate, or              parts are organized alphabetically in
                                                     managed and controlled through a                        by the private sector, of $100,000,000 or             four groups: Cabinet departments; other
                                                     budgeting process.                                      more . . . in any 1 year . . . .’’ The                executive agencies; the Federal
                                                                                                             requirement does not apply to                         Acquisition Regulation, a joint
                                                     Regulatory Flexibility Act                              independent regulatory agencies, nor                  authority; and independent regulatory
                                                       The Regulatory Flexibility Act                        does it apply to certain subject areas                agencies. Agencies may in turn be
                                                     requires agencies to identify those rules               excluded by section 4 of the Act.                     divided into sub-agencies. Each
                                                     that may have a significant economic                    Affected agencies identify in the Unified             agency’s part of the Agenda contains a


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                                                     40236                 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda

                                                     preamble providing information specific                 Agenda from active rulemakings, Long-                 (1) Economically Significant
                                                     to that agency. Each printed agency                     Term and Completed Actions are                           As defined in Executive Order 12866,
                                                     agenda has a table of contents listing the              reported separately from active                       a rulemaking action that will have an
                                                     agency’s printed entries that follow.                   rulemakings, which can be any of the                  annual effect on the economy of $100
                                                        The online, complete Unified Agenda                  first three stages of rulemaking listed               million or more or will adversely affect
                                                     contains the preambles of all                           above. A separate search function is                  in a material way the economy, a sector
                                                     participating agencies. In the online                   provided on http://reginfo.gov to search              of the economy, productivity,
                                                     Agenda, users can select the particular                 for Completed and Long-Term Actions                   competition, jobs, the environment,
                                                     agencies whose agendas they want to                     apart from each other and active RINs.                public health or safety, or State, local,
                                                     see. Users have broad flexibility to                       A bullet (•) preceding the title of an             or tribal governments or communities.
                                                     specify the characteristics of the entries              entry indicates that the entry is                     The definition of an ‘‘economically
                                                     of interest to them by choosing the                     appearing in the Unified Agenda for the               significant’’ rule is similar but not
                                                     desired responses to individual data                    first time.                                           identical to the definition of a ‘‘major’’
                                                     fields. To see a listing of all of an                      In the printed edition, all entries are
                                                                                                                                                                   rule under 5 U.S.C. 801 (Pub. L. 104–
                                                     agency’s entries, a user can select the                 numbered sequentially from the
                                                                                                                                                                   121). (See below.)
                                                     agency without specifying any                           beginning to the end of the publication.
                                                     particular characteristics of entries.                  The sequence number preceding the                     (2) Other Significant
                                                        Each entry in the Unified Agenda is                  title of each entry identifies the location             A rulemaking that is not
                                                     associated with one of five rulemaking                  of the entry in this edition. The                     Economically Significant but is
                                                     stages. The rulemaking stages are:                      sequence number is used as the                        considered Significant by the agency.
                                                        1. Prerule Stage—actions agencies                    reference in the printed table of                     This category includes rules that the
                                                     will undertake to determine whether or                  contents. Sequence numbers are not                    agency anticipates will be reviewed
                                                     how to initiate rulemaking. Such actions                used in the online Unified Agenda                     under Executive Order 12866 or rules
                                                     occur prior to a Notice of Proposed                     because the unique Regulation Identifier              that are a priority of the agency head.
                                                     Rulemaking (NPRM) and may include                       Number (RIN) is able to provide this                  These rules may or may not be included
                                                     Advance Notices of Proposed                             cross-reference capability.                           in the agency’s regulatory plan.
                                                     Rulemaking (ANPRMs) and reviews of                         Editions of the Unified Agenda prior
                                                     existing regulations.                                   to fall 2007 contained several indexes,               (3) Substantive, Nonsignificant
                                                        2. Proposed Rule Stage—actions for                   which identified entries with various                   A rulemaking that has substantive
                                                     which agencies plan to publish a Notice                 characteristics. These included                       impacts but is neither Significant, nor
                                                     of Proposed Rulemaking as the next step                 regulatory actions for which agencies                 Routine and Frequent, nor
                                                     in their rulemaking process or for which                believe that the Regulatory Flexibility               Informational/Administrative/Other.
                                                     the closing date of the NPRM Comment                    Act may require a Regulatory Flexibility
                                                     Period is the next step.                                Analysis, actions selected for periodic               (4) Routine and Frequent
                                                        3. Final Rule Stage—actions for which                review under section 610(c) of the                       A rulemaking that is a specific case of
                                                     agencies plan to publish a final rule or                Regulatory Flexibility Act, and actions               a multiple recurring application of a
                                                     an interim final rule or to take other                  that may have federalism implications                 regulatory program in the Code of
                                                     final action as the next step.                          as defined in Executive Order 13132 or                Federal Regulations and that does not
                                                        4. Long-Term Actions—items under                     other effects on levels of government.                alter the body of the regulation.
                                                     development but for which the agency                    These indexes are no longer compiled,
                                                     does not expect to have a regulatory                                                                          (5) Informational/Administrative/Other
                                                                                                             because users of the online Unified
                                                     action within the 12 months after                       Agenda have the flexibility to search for               A rulemaking that is primarily
                                                     publication of this edition of the Unified              entries with any combination of desired               informational or pertains to agency
                                                     Agenda. Some of the entries in this                     characteristics.                                      matters not central to accomplishing the
                                                     section may contain abbreviated                                                                               agency’s regulatory mandate but that the
                                                     information.                                            IV. What information appears for each                 agency places in the Unified Agenda to
                                                        5. Completed Actions—actions or                      entry?                                                inform the public of the activity.
                                                     reviews the agency has completed or                        All entries in the online Unified                    Major—whether the rule is ‘‘major’’
                                                     withdrawn since publishing its last                     Agenda contain uniform data elements                  under 5 U.S.C. 801 (Pub. L. 104–121)
                                                     agenda. This section also includes items                including, at a minimum, the following                because it has resulted or is likely to
                                                     the agency began and completed                          information:                                          result in an annual effect on the
                                                     between issues of the Agenda.                              Title of the Regulation—a brief                    economy of $100 million or more or
                                                        Long-Term Actions are rulemakings                    description of the subject of the                     meets other criteria specified in that
                                                     reported during the publication cycle                   regulation. In the printed edition, the               Act. The Act provides that the
                                                     that are outside of the required 12-                    notation ‘‘Section 610 Review’’                       Administrator of the Office of
                                                     month reporting period for which the                    following the title indicates that the                Information and Regulatory Affairs will
                                                     Agenda was intended. Completed                          agency has selected the rule for its                  make the final determination as to
                                                     Actions in the publication cycle are                    periodic review of existing rules under               whether a rule is major.
                                                     rulemakings that are ending their                       the Regulatory Flexibility Act (5 U.S.C.                Unfunded Mandates—whether the
                                                     lifecycle either by Withdrawal or                       610(c)). Some agencies have indicated                 rule is covered by section 202 of the
                                                     completion of the rulemaking process.                   completions of section 610 reviews or                 Unfunded Mandates Reform Act of 1995
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                                                     Therefore, the Long-Term and                            rulemaking actions resulting from                     (Pub. L. 104–4). The Act requires that,
                                                     Completed RINs do not represent the                     completed section 610 reviews. In the                 before issuing an NPRM likely to result
                                                     ongoing, forward-looking nature                         online edition, these notations appear in             in a mandate that may result in
                                                     intended for reporting developing                       a separate field.                                     expenditures by State, local, and tribal
                                                     rulemakings in the Agenda pursuant to                      Priority—an indication of the                      governments, in the aggregate, or by the
                                                     Executive Order 12866, section 4(b) and                 significance of the regulation. Agencies              private sector of more than $100 million
                                                     4(c). To further differentiate these two                assign each entry to one of the following             in 1 year, agencies, other than
                                                     stages of rulemaking in the Unified                     five categories of significance.                      independent regulatory agencies, shall


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                                                                           Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda                                          40237

                                                     prepare a written statement containing                     Federalism—whether the action has                     Summary of the Legal Basis—a
                                                     an assessment of the anticipated costs                  ‘‘federalism implications’’ as defined in             description of the legal basis for the
                                                     and benefits of the Federal mandate.                    Executive Order 13132. This term refers               action, including whether any aspect of
                                                        Legal Authority—the section(s) of the                to actions ‘‘that have substantial direct             the action is required by statute or court
                                                     United States Code (U.S.C.) or Public                   effects on the States, on the relationship            order.
                                                     Law (Pub. L.) or the Executive order                    between the national government and                      Alternatives—a description of the
                                                     (E.O.) that authorize(s) the regulatory                 the States, or on the distribution of                 alternatives the agency has considered
                                                     action. Agencies may provide popular                    power and responsibilities among the                  or will consider as required by section
                                                     name references to laws in addition to                  various levels of government.’’                       4(c)(1)(B) of Executive Order 12866.
                                                     these citations.                                        Independent regulatory agencies are not                  Anticipated Costs and Benefits—a
                                                        CFR Citation—the section(s) of the                   required to supply this information.                  description of preliminary estimates of
                                                     Code of Federal Regulations that will be                   Included in the Regulatory Plan—                   the anticipated costs and benefits of the
                                                     affected by the action.                                 whether the rulemaking was included in                action.
                                                        Legal Deadline—whether the action is                 the agency’s current regulatory plan                     Risks—a description of the magnitude
                                                     subject to a statutory or judicial                      published in fall 2015.                               of the risk the action addresses, the
                                                     deadline, the date of that deadline, and                   Agency Contact—the name and phone                  amount by which the agency expects the
                                                     whether the deadline pertains to an                     number of at least one person in the                  action to reduce this risk, and the
                                                     NPRM, a Final Action, or some other                     agency who is knowledgeable about the                 relation of the risk and this risk
                                                     action.                                                 rulemaking action. The agency may also                reduction effort to other risks and risk
                                                        Abstract—a brief description of the                  provide the title, address, fax number,               reduction efforts within the agency’s
                                                     problem the regulation will address; the                email address, and TDD for each agency                jurisdiction.
                                                     need for a Federal solution; to the extent              contact.
                                                     available, alternatives that the agency is                                                                    V. Abbreviations
                                                                                                                Some agencies have provided the
                                                     considering to address the problem; and                 following optional information:                          The following abbreviations appear
                                                     potential costs and benefits of the                        RIN Information URL—the Internet                   throughout this publication:
                                                     action.                                                 address of a site that provides more                     ANPRM—An Advance Notice of
                                                        Timetable—the dates and citations (if                information about the entry.                          Proposed Rulemaking is a preliminary
                                                     available) for all past steps and a                        Public Comment URL—the Internet                    notice, published in the Federal
                                                     projected date for at least the next step               address of a site that will accept public             Register, announcing that an agency is
                                                     for the regulatory action. A date                       comments on the entry. Alternatively,                 considering a regulatory action. An
                                                     displayed in the form 06/00/14 means                    timely public comments may be                         agency may issue an ANPRM before it
                                                     the agency is predicting the month and                  submitted at the government-wide e-                   develops a detailed proposed rule. An
                                                     year the action will take place but not                 rulemaking site, http://                              ANPRM describes the general area that
                                                     the day it will occur. In some instances,               www.regulations.gov.                                  may be subject to regulation and usually
                                                     agencies may indicate what the next                        Additional Information—any                         asks for public comment on the issues
                                                     action will be, but the date of that action             information an agency wishes to include               and options being discussed. An
                                                     is ‘‘To Be Determined.’’ ‘‘Next Action                  that does not have a specific                         ANPRM is issued only when an agency
                                                     Undetermined’’ indicates the agency                     corresponding data element.                           believes it needs to gather more
                                                     does not know what action it will take                     Compliance Cost to the Public—the                  information before proceeding to a
                                                     next.                                                   estimated gross compliance cost of the                notice of proposed rulemaking.
                                                        Regulatory Flexibility Analysis                      action.                                                  CFR—The Code of Federal
                                                     Required—whether an analysis is                            Affected Sectors—the industrial                    Regulations is an annual codification of
                                                     required by the Regulatory Flexibility                  sectors that the action may most affect,              the general and permanent regulations
                                                     Act (5 U.S.C. 601 et seq.) because the                  either directly or indirectly. Affected               published in the Federal Register by the
                                                     rulemaking action is likely to have a                   sectors are identified by North                       agencies of the Federal Government.
                                                     significant economic impact on a                        American Industry Classification                      The Code is divided into 50 titles, each
                                                     substantial number of small entities as                 System (NAICS) codes.                                 title covering a broad area subject to
                                                     defined by the Act.                                        Energy Effects—an indication of                    Federal regulation. The CFR is keyed to
                                                        Small Entities Affected—the types of                 whether the agency has prepared or                    and kept up to date by the daily issues
                                                     small entities (businesses, governmental                plans to prepare a Statement of Energy                of the Federal Register.
                                                     jurisdictions, or organizations) on which               Effects for the action, as required by                   EO—An Executive order is a directive
                                                     the rulemaking action is likely to have                 Executive Order 13211 ‘‘Actions                       from the President to Executive
                                                     an impact as defined by the Regulatory                  Concerning Regulations That                           agencies, issued under constitutional or
                                                     Flexibility Act. Some agencies have                     Significantly Affect Energy Supply,                   statutory authority. Executive orders are
                                                     chosen to indicate likely effects on                    Distribution, or Use,’’ signed May 18,                published in the Federal Register and in
                                                     small entities even though they believe                 2001 (66 FR 28355).                                   title 3 of the Code of Federal
                                                     that a Regulatory Flexibility Analysis                     Related RINs—one or more past or                   Regulations.
                                                     will not be required.                                   current RIN(s) associated with activity                  FR—The Federal Register is a daily
                                                        Government Levels Affected—whether                   related to this action, such as merged                Federal Government publication that
                                                     the action is expected to affect levels of              RINs, split RINs, new activity for                    provides a uniform system for
                                                     government and, if so, whether the
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                                                                                                             previously completed RINs, or duplicate               publishing Presidential documents, all
                                                     governments are State, local, tribal, or                RINs.                                                 proposed and final regulations, notices
                                                     Federal.                                                   Some agencies that participated in the             of meetings, and other official
                                                        International Impacts—whether the                    fall 2016 edition of The Regulatory Plan              documents issued by Federal agencies.
                                                     regulation is expected to have                          have chosen to include the following                     FY—The Federal fiscal year runs from
                                                     international trade and investment                      information for those entries that                    October 1 to September 30.
                                                     effects, or otherwise may be of interest                appeared in the Plan:                                    NPRM—A Notice of Proposed
                                                     to the Nation’s international trading                      Statement of Need—a description of                 Rulemaking is the document an agency
                                                     partners.                                               the need for the regulatory action.                   issues and publishes in the Federal


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                                                     40238                 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda

                                                     Register that describes and solicits                    final rule is published, unless the                   VI. How can users get copies of the
                                                     public comments on a proposed                           agency head certifies that the rule                   agenda?
                                                     regulatory action. Under the                            would not have a significant economic
                                                     Administrative Procedure Act (5 U.S.C.                  impact on a substantial number of small                  Copies of the Federal Register issue
                                                     553), an NPRM must include, at a                        entities.                                             containing the printed edition of the
                                                     minimum:                                                   RIN—The Regulation Identifier                      Unified Agenda (agency regulatory
                                                        A statement of the time, place, and                  Number is assigned by the Regulatory                  flexibility agendas) are available from
                                                     nature of the public rulemaking                         Information Service Center to identify                the Superintendent of Documents, U.S.
                                                     proceeding; a reference to the legal                    each regulatory action listed in the                  Government Printing Office, P.O. Box
                                                     authority under which the rule is                       Unified Agenda, as directed by                        371954, Pittsburgh, PA 15250–7954.
                                                     proposed; and either the terms or                       Executive Order 12866 (section 4(b)).                 Telephone: (202) 512–1800 or 1–866–
                                                     substance of the proposed rule or a                     Additionally, OMB has asked agencies                  512–1800 (toll-free).
                                                     description of the subjects and issues                  to include RINs in the headings of their                 Copies of individual agency materials
                                                     involved.                                               Rule and Proposed Rule documents                      may be available directly from the
                                                        PL (or Pub. L.)—A public law is a law                when publishing them in the Federal                   agency or may be found on the agency’s
                                                     passed by Congress and signed by the                    Register, to make it easier for the public            Web site. Please contact the particular
                                                     President or enacted over his veto. It has              and agency officials to track the                     agency for further information.
                                                     general applicability, unlike a private                 publication history of regulatory actions                All editions of The Regulatory Plan
                                                     law that applies only to those persons                  throughout their development.                         and the Unified Agenda of Federal
                                                     or entities specifically designated.                       Seq. No.—The sequence number                       Regulatory and Deregulatory Actions
                                                     Public laws are numbered in sequence                    identifies the location of an entry in the            since fall 1995 are available in
                                                     throughout the 2-year life of each                      printed edition of the Unified Agenda.                electronic form at http://reginfo.gov,
                                                     Congress; for example, PL 110–4 is the                  Note that a specific regulatory action                along with flexible search tools.
                                                     fourth public law of the 110th Congress.                will have the same RIN throughout its                    The Government Publishing Office’s
                                                        RFA—A Regulatory Flexibility                         development but will generally have                   GPO FDsys Web site contains copies of
                                                     Analysis is a description and analysis of               different sequence numbers if it appears              the Agendas and Regulatory Plans that
                                                     the impact of a rule on small entities,                 in different printed editions of the                  have been printed in the Federal
                                                     including small businesses, small                       Unified Agenda. Sequence numbers are                  Register. These documents are available
                                                     governmental jurisdictions, and certain                 not used in the online Unified Agenda.                at http://www.fdsys.gov.
                                                     small not-for-profit organizations. The                    U.S.C.—The United States Code is a
                                                     Regulatory Flexibility Act (5 U.S.C. 601                consolidation and codification of all                   Dated: July 10, 2017.
                                                     et seq.) requires each agency to prepare                general and permanent laws of the                     John C. Thomas,
                                                     an initial RFA for public comment when                  United States. The U.S.C. is divided into             Executive Director.
                                                     it is required to publish an NPRM and                   50 titles, each title covering a broad area           [FR Doc. 2017–16859 Filed 8–23–17; 8:45 am]
                                                     to make available a final RFA when the                  of Federal law.                                       BILLING CODE 6820–27–P
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Document Created: 2018-10-24 12:36:04
Document Modified: 2018-10-24 12:36:04
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
ActionIntroduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions.
ContactFor 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: John C. Thomas, Executive Director, Regulatory Information Service Center (MVE), General Services Administration, 1800 F Street NW., MVE, Room 2219F, Washington, DC 20405, (202) 482-7340. You may also send comments to us by email at: [email protected]
FR Citation82 FR 40233 

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