83_FR_27198 83 FR 27086 - Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions

83 FR 27086 - Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions

REGULATORY INFORMATION SERVICE CENTER

Federal Register Volume 83, Issue 112 (June 11, 2018)

Page Range27086-27090
FR Document2018-11221

Spring 2018 Unified Agenda of Federal Regulatory and Deregulatory Actions. Publication of the Spring 2018 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 publication of the spring 2018 Unified Agenda containing the regulatory agendas for 64 Federal agencies, is available to the public at http://reginfo.gov. The Spring 2018 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 83 Issue 112 (Monday, June 11, 2018)
[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Unknown Section]
[Pages 27086-27090]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11221]



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Vol. 83

Monday,

No. 112

June 11, 2018

Part II





Regulatory Information Service Center





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Semiannual Regulatory Agenda

Federal Register / Vol. 83 , No. 112 / Monday, June 11, 2018 / 
Unified Agenda

[[Page 27086]]


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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: Spring 2018 Unified Agenda of Federal Regulatory and 
Deregulatory Actions.
    Publication of the Spring 2018 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 publication of the 
spring 2018 Unified Agenda containing the regulatory agendas for 64 
Federal agencies, is available to the public at http://reginfo.gov.
    The Spring 2018 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: 
RISC@gsa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

Introduction to the Unified Agenda of Federal Regulatory and 
Deregulatory Actions

I. What is the Unified Agenda?
II. Why is the Unified Agenda published?
III. How is the Unified Agenda organized?
IV. What information appears for each entry?
V. Abbreviations
VI. How can users get copies of the plan and the agenda?

Agency Agendas

Cabinet Departments

Department of Agriculture
Department of Commerce
Department of Defense
Department of Energy
Department of Health and Human Services
Department of Homeland Security
Department of Housing and Urban Development
Department of the Interior
Department of Justice
Department of Labor
Department of Transportation
Department of the Treasury
Department of Veterans Affairs

Other Executive Agencies

Environmental Protection Agency
General Services Administration
Small Business Administration

Joint Authority

Department of Defense/General Services Administration/National 
Aeronautics and Space Administration (Federal Acquisition Regulation)

Independent Regulatory Agencies

Commodity Futures Trading Commission
Consumer Financial Protection Bureau
Consumer Product Safety Commission
Federal Communications Commission
Federal Reserve System
Nuclear Regulatory Commission
Securities and Exchange Commission
Surface Transportation Board

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 Spring 2018 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 
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
Agency for International Development
American Battle Monuments Commission
Commission on Civil Rights
Committee for Purchase From People Who Are Blind or Severely Disabled
Corporation for National and Community Service
Council on Environmental Quality

[[Page 27087]]

Court Services and Offender Supervision Agency for the District of 
Columbia
Equal Employment Opportunity Commission
Institute of Museum and Library Science
National Aeronautics and Space Administration
National Archives and Records Administration
National Endowment for the Arts
National Endowment for the Humanities
Office of Government Ethics
Office of Management and Budget
Office of Personnel Management
Peace Corps
Pension Benefit Guaranty Corporation
Presidio Trust
Railroad Retirement Board
Social Security Administration
Tennessee Valley Authority
Council of the Inspectors General on Integrity and Efficiency
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 Commission on Military, National, and Public Services
National Credit Union Administration
National Indian Gaming Commission
National Labor Relations Board
National Transportation Safety Board
Postal Regulatory Commission

    The Regulatory Information Service Center compiles the Unified 
Agenda for the Office of Information and Regulatory Affairs (OIRA), 
part of the Office of Management and Budget. OIRA is responsible for 
overseeing the Federal Government's regulatory, paperwork, and 
information resource management activities, including implementation of 
Executive Order 12866 (incorporated 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 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

[[Page 27088]]

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 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.

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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.
    E.O. 13771 Designation--Indicate ``Deregulatory'', ``Regulatory'', 
``Fully or Partially Exempt'', ``Not subject to, Not significant, 
``Other'', or ``Independent agency''
    Unfunded Mandates--whether the rule is covered by section 202 of 
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The Act 
requires that, before issuing an NPRM likely to result in a mandate 
that may result in expenditures by State, local, and tribal 
governments, in the aggregate, or by the private sector of more than 
$100 million in 1 year, agencies, other than independent regulatory 
agencies, shall prepare a written statement containing an assessment of 
the anticipated costs and benefits of the Federal mandate.
    Legal Authority--the section(s) of the United States Code (U.S.C.) 
or Public Law (Pub. L.) or the Executive order (E.O.) that authorize(s) 
the regulatory action. Agencies may provide popular name references to 
laws in addition to these citations.
    CFR Citation--the section(s) of the Code of Federal Regulations 
that will be affected by the action.
    Legal Deadline--whether the action is subject to a statutory or 
judicial deadline, the date of that deadline, and whether the deadline 
pertains to an NPRM, a Final Action, or some other action.
    Abstract--a brief description of the problem the regulation will 
address; the need for a Federal solution; to the extent available, 
alternatives that the agency is considering to address the problem; and 
potential costs and benefits of the action.
    Timetable--the dates and citations (if available) for all past 
steps and a projected date for at least the next step for the 
regulatory action. A date displayed in the form 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 
2017.
    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 2017 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.

[[Page 27090]]

    Alternatives--a description of the alternatives the agency has 
considered or will consider as required by section 4(c)(1)(B) of 
Executive Order 12866.
    Anticipated Costs and Benefits--a description of preliminary 
estimates of the anticipated costs and benefits of the action.
    Risks--a description of the magnitude of the risk the action 
addresses, the amount by which the agency expects the action to reduce 
this risk, and the relation of the risk and this risk reduction effort 
to other risks and risk reduction efforts within the agency's 
jurisdiction.

V. Abbreviations

    The following abbreviations appear throughout this publication:
    ANPRM--An Advance Notice of Proposed Rulemaking is a preliminary 
notice, published in the Federal Register, announcing that an agency is 
considering a regulatory action. An agency may issue an ANPRM before it 
develops a detailed proposed rule. An ANPRM describes the general area 
that may be subject to regulation and usually asks for public comment 
on the issues and options being discussed. An ANPRM is issued only when 
an agency believes it needs to gather more information before 
proceeding to a notice of proposed rulemaking.
    CFR--The Code of Federal Regulations is an annual codification of 
the general and permanent regulations published in the Federal Register 
by the agencies of the Federal Government. The Code is divided into 50 
titles, each title covering a broad area subject to Federal regulation. 
The CFR is keyed to and kept up to date by the daily issues of the 
Federal Register.
    E.O.--An Executive Order is a directive from the President to 
Executive agencies, issued under constitutional or statutory authority. 
Executive orders are published in the Federal Register and in title 3 
of the Code of Federal Regulations.
    FR--The Federal Register is a daily Federal Government publication 
that provides a uniform system for publishing Presidential documents, 
all proposed and final regulations, notices of meetings, and other 
official documents issued by Federal agencies.
    FY--The Federal fiscal year runs from October 1 to September 30.
    NPRM--A Notice of Proposed Rulemaking is the document an agency 
issues and publishes in the Federal Register that describes and 
solicits public comments on a proposed regulatory action. Under the 
Administrative Procedure Act (5 U.S.C. 553), an NPRM must include, at a 
minimum: A statement of the time, place, and nature of the public 
rulemaking proceeding; 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 website. Please contact 
the particular agency for further information.
    All editions of The Regulatory Plan and the Unified Agenda of 
Federal Regulatory and Deregulatory Actions since fall 1995 are 
available in electronic form at http://reginfo.gov, along with flexible 
search tools.
    The Government Printing Office's GPO FDsys website 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: May 9, 2018.
 John C. Thomas,
Executive Director.
[FR Doc. 2018-11221 Filed 6-8-18; 8:45 am]
 BILLING CODE 6820-27-P



                                                  27086                    Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda

                                                  REGULATORY INFORMATION                                  section 610 of the Regulatory Flexibility              Consumer Product Safety Commission
                                                  SERVICE CENTER                                          Act.                                                   Federal Communications Commission
                                                                                                          ADDRESSES: Regulatory Information                      Federal Reserve System
                                                  Introduction to the Unified Agenda of                   Service Center (MVE), General Services                 Nuclear Regulatory Commission
                                                  Federal Regulatory and Deregulatory                     Administration, 1800 F Street NW,                      Securities and Exchange Commission
                                                  Actions                                                 MVE, Room 2219F, Washington, DC                        Surface Transportation Board
                                                  AGENCY:  Regulatory Information Service                 20405.
                                                                                                                                                                 Introduction to the Unified Agenda of
                                                  Center.                                                 FOR FURTHER INFORMATION CONTACT:               For     Federal Regulatory and Deregulatory
                                                  ACTION: Introduction to the Unified                     further information about specific                     Actions
                                                  Agenda of Federal Regulatory and                        regulatory actions, please refer to the
                                                                                                                                                                 I. What is the Unified Agenda?
                                                  Deregulatory Actions.                                   agency contact listed for each entry. To
                                                                                                          provide comment on or to obtain further                   The Unified Agenda provides
                                                  SUMMARY:    Spring 2018 Unified Agenda                  information about this publication,                    information about regulations that the
                                                  of Federal Regulatory and Deregulatory                  contact: John C. Thomas, Executive                     Government is considering or
                                                  Actions.                                                Director, Regulatory Information Service               reviewing. The Unified Agenda has
                                                     Publication of the Spring 2018                       Center (MVE), General Services                         appeared in the Federal Register twice
                                                  Unified Agenda of Federal Regulatory                    Administration, 1800 F Street NW,                      each year since 1983 and has been
                                                  and Deregulatory Actions represents a                   MVE, Room 2219F, Washington, DC                        available online since 1995. The
                                                  key component of the regulatory                         20405, (202) 482–7340. You may also                    complete Unified Agenda is available to
                                                  planning mechanism prescribed in                        send comments to us by email at: RISC@                 the public at http://reginfo.gov. The
                                                  Executive Order 12866 ‘‘Regulatory                      gsa.gov.                                               online Unified Agenda offers user-
                                                  Planning and Review’’ (58 FR 51735)                                                                            friendly flexible search tools and a vast
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  and Executive Order 13771 (82 FR                                                                               historical database.
                                                  93390, January 30, 2017, Reducing                       Table of Contents                                         The Spring 2018 Unified Agenda
                                                  Regulation and Controlling Regulatory                   Introduction to the Unified Agenda of                  publication appearing in the Federal
                                                  Costs The Regulatory Flexibility Act                    Federal Regulatory and Deregulatory                    Register consists of agency regulatory
                                                  requires that agencies publish                          Actions                                                flexibility agendas, in accordance with
                                                  semiannual regulatory agendas in the                    I. What is the Unified Agenda?                         the publication requirements of the
                                                  Federal Register describing regulatory                  II. Why is the Unified Agenda published?               Regulatory Flexibility Act. Agency
                                                  actions they are developing that may                    III. How is the Unified Agenda organized?              regulatory flexibility agendas contain
                                                  have a significant economic impact on                   IV. What information appears for each entry?           only those Agenda entries for rules that
                                                  a substantial number of small entities (5               V. Abbreviations                                       are likely to have a significant economic
                                                  U.S.C. 602).                                            VI. How can users get copies of the plan and
                                                                                                                                                                 impact on a substantial number of small
                                                     In the Unified Agenda of Federal                           the agenda?
                                                                                                                                                                 entities and entries that have been
                                                  Regulatory and Deregulatory Actions                     Agency Agendas                                         selected for periodic review under
                                                  (Unified Agenda) agencies report                                                                               section 610 of the Regulatory Flexibility
                                                  regulatory actions upcoming in the next                 Cabinet Departments
                                                                                                                                                                 Act. Printed entries display only the
                                                  year. Executive Order 12866                             Department of Agriculture                              fields required by the Regulatory
                                                  ‘‘Regulatory Planning and Review,’’                     Department of Commerce                                 Flexibility Act. Complete agenda
                                                  signed September 30, 1993 (58 FR                        Department of Defense                                  information for those entries appears, in
                                                  51735), and Office of Management and                    Department of Energy                                   a uniform format, in the online Unified
                                                  Budget memoranda implementing                           Department of Health and Human                         Agenda at http://reginfo.gov.
                                                  section 4 of that Order establish                         Services                                                These publication formats meet the
                                                  minimum standards for agencies’                         Department of Homeland Security                        publication mandates of the Regulatory
                                                  agendas, including specific types of                    Department of Housing and Urban                        Flexibility Act and Executive Order
                                                  information for each entry.                               Development                                          12866. The complete online edition of
                                                     The Unified Agenda helps agencies                    Department of the Interior                             the Unified Agenda includes regulatory
                                                  fulfill these requirements. All Federal                 Department of Justice                                  agendas from Federal agencies.
                                                  regulatory agencies have chosen to                      Department of Labor                                    Agencies of the United States Congress
                                                  publish their regulatory agendas as part                Department of Transportation                           are not included.
                                                  of the Unified Agenda. The complete                     Department of the Treasury                                The following agencies have no
                                                  publication of the spring 2018 Unified                  Department of Veterans Affairs                         entries identified for inclusion in the
                                                  Agenda containing the regulatory
                                                                                                          Other Executive Agencies                               printed regulatory flexibility agenda.
                                                  agendas for 64 Federal agencies, is
                                                                                                                                                                 The regulatory agendas of these agencies
                                                  available to the public at http://                      Environmental Protection Agency                        are available to the public at http://
                                                  reginfo.gov.                                            General Services Administration                        reginfo.gov.
                                                     The Spring 2018 Unified Agenda                       Small Business Administration
                                                  publication appearing in the Federal                                                                           Department of Education
                                                  Register consists of agency regulatory                  Joint Authority                                        Department of State
                                                  flexibility agendas, in accordance with                 Department of Defense/General Services                 Agency for International Development
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                                                  the publication requirements of the                       Administration/National Aeronautics                  American Battle Monuments
                                                  Regulatory Flexibility Act. Agency                        and Space Administration (Federal                       Commission
                                                  regulatory flexibility agendas contain                    Acquisition Regulation)                              Commission on Civil Rights
                                                  only those Agenda entries for rules that                                                                       Committee for Purchase From People
                                                  are likely to have a significant economic               Independent Regulatory Agencies                           Who Are Blind or Severely Disabled
                                                  impact on a substantial number of small                 Commodity Futures Trading                              Corporation for National and
                                                  entities and entries that have been                       Commission                                              Community Service
                                                  selected for periodic review under                      Consumer Financial Protection Bureau                   Council on Environmental Quality


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                                                                           Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda                                             27087

                                                  Court Services and Offender                                 Agencies prepared entries for this                 ‘‘Proper Consideration of Small Entities
                                                    Supervision Agency for the District of                publication to give the public notice of               in Agency Rulemaking,’’ signed August
                                                    Columbia                                              their plans to review, propose, and issue              13, 2002, (67 FR 53461), provides
                                                  Equal Employment Opportunity                            or withdraw regulations. They have                     additional guidance on compliance with
                                                    Commission                                            tried to predict their activities over the             the Act.
                                                  Institute of Museum and Library                         next 12 months as accurately as                        Executive Order 13132
                                                    Science                                               possible, but dates and schedules are
                                                  National Aeronautics and Space                          subject to change. Agencies may                           Executive Order 13132 entitled
                                                    Administration                                        withdraw some of the regulations now                   ‘‘Federalism,’’ signed August 4, 1999,
                                                  National Archives and Records                           under development, and they may issue                  (64 FR 43255), directs agencies to have
                                                    Administration                                        or propose other regulations not                       an accountable process to ensure
                                                  National Endowment for the Arts                         included in their agendas. Agency                      meaningful and timely input by State
                                                  National Endowment for the Humanities                   actions in the rulemaking process may                  and local officials in the development of
                                                  Office of Government Ethics                             occur before or after the dates they have              regulatory policies that have
                                                  Office of Management and Budget                         listed. The Unified Agenda does not                    ‘‘federalism implications’’ as defined in
                                                  Office of Personnel Management                          create a legal obligation on agencies to               the Order. Under the Order, an agency
                                                  Peace Corps                                             adhere to schedules in this publication                that is proposing a regulation with
                                                  Pension Benefit Guaranty Corporation                    or to confine their regulatory activities              federalism implications, which either
                                                  Presidio Trust                                          to those regulations that appear within                preempt State law or impose non-
                                                  Railroad Retirement Board                                                                                      statutory unfunded substantial direct
                                                                                                          it.
                                                  Social Security Administration                                                                                 compliance costs on State and local
                                                  Tennessee Valley Authority                              II. Why is the Unified Agenda                          governments, must consult with State
                                                  Council of the Inspectors General on                    published?                                             and local officials early in the process
                                                    Integrity and Efficiency                                 The Unified Agenda helps agencies                   of developing the regulation. In
                                                  Farm Credit Administration                              comply with their obligations under the                addition, the agency must provide to the
                                                  Farm Credit System Insurance                            Regulatory Flexibility Act and various                 Director of the Office of Management
                                                    Corporation                                           Executive orders and other statutes.                   and Budget a federalism summary
                                                  Federal Deposit Insurance Corporation                                                                          impact statement for such a regulation,
                                                  Federal Energy Regulatory Commission                    Executive Order 12866                                  which consists of a description of the
                                                  Federal Housing Finance Agency                             Executive Order 12866 entitled                      extent of the agency’s prior consultation
                                                  Federal Maritime Commission                             ‘‘Regulatory Planning and Review,’’                    with State and local officials, a
                                                  Federal Trade Commission                                signed September 30, 1993, (58 FR                      summary of their concerns and the
                                                  National Commission on Military,                        51735), requires covered agencies to                   agency’s position supporting the need to
                                                    National, and Public Services                         prepare an agenda of all regulations                   issue the regulation, and a statement of
                                                  National Credit Union Administration                    under development or review. The                       the extent to which those concerns have
                                                  National Indian Gaming Commission                       Order also requires that certain agencies              been met. As part of this effort, agencies
                                                  National Labor Relations Board
                                                                                                          prepare annually a regulatory plan of                  include in their submissions for the
                                                  National Transportation Safety Board
                                                                                                          their ‘‘most important significant                     Unified Agenda information on whether
                                                  Postal Regulatory Commission
                                                                                                          regulatory actions,’’ which appears as                 their regulatory actions may have an
                                                    The Regulatory Information Service                    part of the fall Unified Agenda.                       effect on the various levels of
                                                  Center compiles the Unified Agenda for                                                                         government and whether those actions
                                                  the Office of Information and Regulatory                Executive Order 13771 Reducing
                                                                                                                                                                 have federalism implications.
                                                  Affairs (OIRA), part of the Office of                   Regulation and Controlling Regulatory
                                                  Management and Budget. OIRA is                          Costs                                                  Unfunded Mandates Reform Act of 1995
                                                  responsible for overseeing the Federal                     Executive Order 13771 entitled                         The Unfunded Mandates Reform Act
                                                  Government’s regulatory, paperwork,                     ‘‘Reducing Regulation and Controlling                  of 1995 (Pub. L. 104–4, title II) requires
                                                  and information resource management                     Regulatory Costs signed January 27,                    agencies to prepare written assessments
                                                  activities, including implementation of                 2017, (82 FR 8977) requires that for                   of the costs and benefits of significant
                                                  Executive Order 12866 (incorporated by                  every one new regulation issued, at least              regulatory actions ‘‘that may result in
                                                  reference in Executive Order 13563).                    two prior regulations be identified for                the expenditure by State, local, and
                                                  The Center also provides information                    elimination, and that the cost of                      tribal governments, in the aggregate, or
                                                  about Federal regulatory activity to the                planned regulations be prudently                       by the private sector, of $100,000,000 or
                                                  President and his Executive Office, the                 managed and controlled through a                       more . . . in any 1 year . . . .’’ The
                                                  Congress, agency officials, and the                     budgeting process.                                     requirement does not apply to
                                                  public.                                                                                                        independent regulatory agencies, nor
                                                    The activities included in the Unified                Regulatory Flexibility Act
                                                                                                                                                                 does it apply to certain subject areas
                                                  Agenda are, in general, those that will                   The Regulatory Flexibility Act                       excluded by section 4 of the Act.
                                                  have a regulatory action within the next                requires agencies to identify those rules              Affected agencies identify in the Unified
                                                  12 months. Agencies may choose to                       that may have a significant economic                   Agenda those regulatory actions they
                                                  include activities that will have a longer              impact on a substantial number of small                believe are subject to title II of the Act.
                                                  timeframe than 12 months. Agency                        entities (5 U.S.C. 602). Agencies meet
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                                                  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                  Executive Order 13211 entitled
                                                  Unified Agenda. Executive Order 12866                   Unified Agenda. Agencies may also                      ‘‘Actions Concerning Regulations That
                                                  does not require agencies to include                    indicate those regulations that they are               Significantly Affect Energy Supply,
                                                  regulations concerning military or                      reviewing as part of their periodic                    Distribution, or Use,’’ signed May 18,
                                                  foreign affairs functions or regulations                review of existing rules under the                     2001 (66 FR 28355), directs agencies to
                                                  related to agency organization,                         Regulatory Flexibility Act (5 U.S.C.                   provide, to the extent possible,
                                                  management, or personnel matters.                       610). Executive Order 13272 entitled                   information regarding the adverse


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                                                  27088                    Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda

                                                  effects that agency actions may have on                 of interest to them by choosing the                    appearing in the Unified Agenda for the
                                                  the supply, distribution, and use of                    desired responses to individual data                   first time.
                                                  energy. Under the Order, the agency                     fields. To see a listing of all of an                     In the printed edition, all entries are
                                                  must prepare and submit a Statement of                  agency’s entries, a user can select the                numbered sequentially from the
                                                  Energy Effects to the Administrator of                  agency without specifying any                          beginning to the end of the publication.
                                                  the Office of Information and Regulatory                particular characteristics of entries.                 The sequence number preceding the
                                                  Affairs, Office of Management and                          Each entry in the Unified Agenda is                 title of each entry identifies the location
                                                  Budget, for ‘‘those matters identified as               associated with one of five rulemaking                 of the entry in this edition. The
                                                  significant energy actions.’’ As part of                stages. The rulemaking stages are:                     sequence number is used as the
                                                  this effort, agencies may optionally                       1. Prerule Stage—actions agencies                   reference in the printed table of
                                                  include in their submissions for the                    will undertake to determine whether or                 contents. Sequence numbers are not
                                                  Unified Agenda information on whether                   how to initiate rulemaking. Such actions               used in the online Unified Agenda
                                                  they have prepared or plan to prepare a                 occur prior to a Notice of Proposed                    because the unique Regulation Identifier
                                                  Statement of Energy Effects for their                   Rulemaking (NPRM) and may include                      Number (RIN) is able to provide this
                                                  regulatory actions.                                     Advance Notices of Proposed                            cross-reference capability.
                                                                                                          Rulemaking (ANPRMs) and reviews of                        Editions of the Unified Agenda prior
                                                  Small Business Regulatory Enforcement                   existing regulations.                                  to fall 2007 contained several indexes,
                                                  Fairness Act                                               2. Proposed Rule Stage—actions for                  which identified entries with various
                                                     The Small Business Regulatory                        which agencies plan to publish a Notice                characteristics. These included
                                                  Enforcement Fairness Act (Pub. L. 104–                  of Proposed Rulemaking as the next step                regulatory actions for which agencies
                                                  121, title II) established a procedure for              in their rulemaking process or for which               believe that the Regulatory Flexibility
                                                  congressional review of rules (5 U.S.C.                 the closing date of the NPRM Comment                   Act may require a Regulatory Flexibility
                                                  801 et seq.), which defers, unless                      Period is the next step.                               Analysis, actions selected for periodic
                                                  exempted, the effective date of a                          3. Final Rule Stage—actions for which               review under section 610(c) of the
                                                  ‘‘major’’ rule for at least 60 days from                agencies plan to publish a final rule or               Regulatory Flexibility Act, and actions
                                                  the publication of the final rule in the                an interim final rule or to take other                 that may have federalism implications
                                                  Federal Register. The Act specifies that                final action as the next step.                         as defined in Executive Order 13132 or
                                                  a rule is ‘‘major’’ if it has resulted, or is              4. Long-Term Actions—items under                    other effects on levels of government.
                                                  likely to result, in an annual effect on                development but for which the agency                   These indexes are no longer compiled,
                                                  the economy of $100 million or more or                  does not expect to have a regulatory                   because users of the online Unified
                                                  meets other criteria specified in that                  action within the 12 months after                      Agenda have the flexibility to search for
                                                  Act. The Act provides that the                          publication of this edition of the Unified             entries with any combination of desired
                                                  Administrator of OIRA will make the                     Agenda. Some of the entries in this                    characteristics.
                                                  final determination as to whether a rule                section may contain abbreviated
                                                  is major.                                               information.                                           IV. What information appears for each
                                                                                                             5. Completed Actions—actions or                     entry?
                                                  III. How is the Unified Agenda                          reviews the agency has completed or
                                                  organized?                                                                                                        All entries in the online Unified
                                                                                                          withdrawn since publishing its last                    Agenda contain uniform data elements
                                                     Agency regulatory flexibility agendas                agenda. This section also includes items               including, at a minimum, the following
                                                  are printed in a single daily edition of                the agency began and completed                         information:
                                                  the Federal Register. A regulatory                      between issues of the Agenda.                             Title of the Regulation—a brief
                                                  flexibility agenda is printed for each                     Long-Term Actions are rulemakings                   description of the subject of the
                                                  agency whose agenda includes entries                    reported during the publication cycle                  regulation. In the printed edition, the
                                                  for rules which are likely to have a                    that are outside of the required 12-                   notation ‘‘Section 610 Review’’
                                                  significant economic impact on a                        month reporting period for which the                   following the title indicates that the
                                                  substantial number of small entities or                 Agenda was intended. Completed                         agency has selected the rule for its
                                                  rules that have been selected for                       Actions in the publication cycle are                   periodic review of existing rules under
                                                  periodic review under section 610 of the                rulemakings that are ending their                      the Regulatory Flexibility Act (5 U.S.C.
                                                  Regulatory Flexibility Act. Each printed                lifecycle either by Withdrawal or                      610(c)). Some agencies have indicated
                                                  agenda appears as a separate part. The                  completion of the rulemaking process.                  completions of section 610 reviews or
                                                  parts are organized alphabetically in                   Therefore, the Long-Term and                           rulemaking actions resulting from
                                                  four groups: Cabinet departments; other                 Completed RINs do not represent the                    completed section 610 reviews. In the
                                                  executive agencies; the Federal                         ongoing, forward-looking nature                        online edition, these notations appear in
                                                  Acquisition Regulation, a joint                         intended for reporting developing                      a separate field.
                                                  authority; and independent regulatory                   rulemakings in the Agenda pursuant to                     Priority—an indication of the
                                                  agencies. Agencies may in turn be                       Executive Order 12866, section 4(b) and                significance of the regulation. Agencies
                                                  divided into sub-agencies. Each                         4(c). To further differentiate these two               assign each entry to one of the following
                                                  agency’s part of the Agenda contains a                  stages of rulemaking in the Unified                    five categories of significance.
                                                  preamble providing information specific                 Agenda from active rulemakings, Long-
                                                  to that agency. Each printed agency                     Term and Completed Actions are                         (1) Economically Significant
                                                  agenda has a table of contents listing the              reported separately from active                           As defined in Executive Order 12866,
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                                                  agency’s printed entries that follow.                   rulemakings, which can be any of the                   a rulemaking action that will have an
                                                     The online, complete Unified Agenda                  first three stages of rulemaking listed                annual effect on the economy of $100
                                                  contains the preambles of all                           above. A separate search function is                   million or more or will adversely affect
                                                  participating agencies. In the online                   provided on http://reginfo.gov to search               in a material way the economy, a sector
                                                  Agenda, users can select the particular                 for Completed and Long-Term Actions                    of the economy, productivity,
                                                  agencies whose agendas they want to                     apart from each other and active RINs.                 competition, jobs, the environment,
                                                  see. Users have broad flexibility to                       A bullet (•) preceding the title of an              public health or safety, or State, local,
                                                  specify the characteristics of the entries              entry indicates that the entry is                      or tribal governments or communities.


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                                                                           Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda                                            27089

                                                  The definition of an ‘‘economically                     Law (Pub. L.) or the Executive order                   between the national government and
                                                  significant’’ rule is similar but not                   (E.O.) that authorize(s) the regulatory                the States, or on the distribution of
                                                  identical to the definition of a ‘‘major’’              action. Agencies may provide popular                   power and responsibilities among the
                                                  rule under 5 U.S.C. 801 (Pub. L. 104–                   name references to laws in addition to                 various levels of government.’’
                                                  121). (See below.)                                      these citations.                                       Independent regulatory agencies are not
                                                                                                             CFR Citation—the section(s) of the                  required to supply this information.
                                                  (2) Other Significant                                   Code of Federal Regulations that will be                  Included in the Regulatory Plan—
                                                    A rulemaking that is not                              affected by the action.                                whether the rulemaking was included in
                                                  Economically Significant but is                            Legal Deadline—whether the action is                the agency’s current regulatory plan
                                                  considered Significant by the agency.                   subject to a statutory or judicial                     published in fall 2017.
                                                  This category includes rules that the                   deadline, the date of that deadline, and                  Agency Contact—the name and phone
                                                  agency anticipates will be reviewed                     whether the deadline pertains to an                    number of at least one person in the
                                                  under Executive Order 12866 or rules                    NPRM, a Final Action, or some other                    agency who is knowledgeable about the
                                                  that are a priority of the agency head.                 action.                                                rulemaking action. The agency may also
                                                  These rules may or may not be included                     Abstract—a brief description of the                 provide the title, address, fax number,
                                                  in the agency’s regulatory plan.                        problem the regulation will address; the               email address, and TDD for each agency
                                                                                                          need for a Federal solution; to the extent             contact.
                                                  (3) Substantive, Nonsignificant                         available, alternatives that the agency is                Some agencies have provided the
                                                    A rulemaking that has substantive                     considering to address the problem; and                following optional information:
                                                  impacts but is neither Significant, nor                 potential costs and benefits of the                       RIN Information URL—the internet
                                                  Routine and Frequent, nor                               action.                                                address of a site that provides more
                                                  Informational/Administrative/Other.                        Timetable—the dates and citations (if               information about the entry.
                                                                                                          available) for all past steps and a                       Public Comment URL—the internet
                                                  (4) Routine and Frequent                                projected date for at least the next step              address of a site that will accept public
                                                     A rulemaking that is a specific case of              for the regulatory action. A date                      comments on the entry. Alternatively,
                                                  a multiple recurring application of a                   displayed in the form 06/00/14 means                   timely public comments may be
                                                  regulatory program in the Code of                       the agency is predicting the month and                 submitted at the government-wide
                                                  Federal Regulations and that does not                   year the action will take place but not                e-rulemaking site, http://
                                                  alter the body of the regulation.                       the day it will occur. In some instances,              www.regulations.gov.
                                                                                                          agencies may indicate what the next                       Additional Information—any
                                                  (5) Informational/Administrative/Other
                                                                                                          action will be, but the date of that action            information an agency wishes to include
                                                     A rulemaking that is primarily                       is ‘‘To Be Determined.’’ ‘‘Next Action                 that does not have a specific
                                                  informational or pertains to agency                     Undetermined’’ indicates the agency                    corresponding data element.
                                                  matters not central to accomplishing the                does not know what action it will take                    Compliance Cost to the Public—the
                                                  agency’s regulatory mandate but that the                next.                                                  estimated gross compliance cost of the
                                                  agency places in the Unified Agenda to                     Regulatory Flexibility Analysis                     action.
                                                  inform the public of the activity.                      Required—whether an analysis is                           Affected Sectors—the industrial
                                                     Major—whether the rule is ‘‘major’’                  required by the Regulatory Flexibility                 sectors that the action may most affect,
                                                  under 5 U.S.C. 801 (Pub. L. 104–121)                    Act (5 U.S.C. 601 et seq.) because the                 either directly or indirectly. Affected
                                                  because it has resulted or is likely to                 rulemaking action is likely to have a                  sectors are identified by North
                                                  result in an annual effect on the                       significant economic impact on a                       American Industry Classification
                                                  economy of $100 million or more or                      substantial number of small entities as                System (NAICS) codes.
                                                  meets other criteria specified in that                  defined by the Act.                                       Energy Effects—an indication of
                                                  Act. The Act provides that the                             Small Entities Affected—the types of                whether the agency has prepared or
                                                  Administrator of the Office of                          small entities (businesses, governmental               plans to prepare a Statement of Energy
                                                  Information and Regulatory Affairs will                 jurisdictions, or organizations) on which              Effects for the action, as required by
                                                  make the final determination as to                      the rulemaking action is likely to have                Executive Order 13211 ‘‘Actions
                                                  whether a rule is major.                                an impact as defined by the Regulatory                 Concerning Regulations That
                                                     E.O. 13771 Designation—Indicate                      Flexibility Act. Some agencies have                    Significantly Affect Energy Supply,
                                                  ‘‘Deregulatory’’, ‘‘Regulatory’’, ‘‘Fully or            chosen to indicate likely effects on                   Distribution, or Use,’’ signed May 18,
                                                  Partially Exempt’’, ‘‘Not subject to, Not               small entities even though they believe                2001 (66 FR 28355).
                                                  significant, ‘‘Other’’, or ‘‘Independent                that a Regulatory Flexibility Analysis                    Related RINs—one or more past or
                                                  agency’’                                                will not be required.                                  current RIN(s) associated with activity
                                                     Unfunded Mandates—whether the                           Government Levels Affected—whether                  related to this action, such as merged
                                                  rule is covered by section 202 of the                   the action is expected to affect levels of             RINs, split RINs, new activity for
                                                  Unfunded Mandates Reform Act of 1995                    government and, if so, whether the                     previously completed RINs, or duplicate
                                                  (Pub. L. 104–4). The Act requires that,                 governments are State, local, tribal, or               RINs.
                                                  before issuing an NPRM likely to result                 Federal.                                                  Some agencies that participated in the
                                                  in a mandate that may result in                            International Impacts—whether the                   fall 2017 edition of The Regulatory Plan
                                                  expenditures by State, local, and tribal                regulation is expected to have                         have chosen to include the following
                                                  governments, in the aggregate, or by the                international trade and investment                     information for those entries that
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                                                  private sector of more than $100 million                effects, or otherwise may be of interest               appeared in the Plan:
                                                  in 1 year, agencies, other than                         to the Nation’s international trading                     Statement of Need—a description of
                                                  independent regulatory agencies, shall                  partners.                                              the need for the regulatory action.
                                                  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.


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                                                  27090                    Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda

                                                     Alternatives—a description of the                    proposed and final regulations, notices                when publishing them in the Federal
                                                  alternatives the agency has considered                  of meetings, and other official                        Register, to make it easier for the public
                                                  or will consider as required by section                 documents issued by Federal agencies.                  and agency officials to track the
                                                  4(c)(1)(B) of Executive Order 12866.                       FY—The Federal fiscal year runs from                publication history of regulatory actions
                                                     Anticipated Costs and Benefits—a                     October 1 to September 30.                             throughout their development.
                                                  description of preliminary estimates of                    NPRM—A Notice of Proposed                             Seq. No.—The sequence number
                                                  the anticipated costs and benefits of the               Rulemaking is the document an agency                   identifies the location of an entry in the
                                                  action.                                                 issues and publishes in the Federal                    printed edition of the Unified Agenda.
                                                     Risks—a description of the magnitude                 Register that describes and solicits                   Note that a specific regulatory action
                                                  of the risk the action addresses, the                   public comments on a proposed                          will have the same RIN throughout its
                                                  amount by which the agency expects the                  regulatory action. Under the                           development but will generally have
                                                  action to reduce this risk, and the                     Administrative Procedure Act (5 U.S.C.                 different sequence numbers if it appears
                                                  relation of the risk and this risk                      553), an NPRM must include, at a                       in different printed editions of the
                                                  reduction effort to other risks and risk                minimum: A statement of the time,                      Unified Agenda. Sequence numbers are
                                                  reduction efforts within the agency’s                   place, and nature of the public                        not used in the online Unified Agenda.
                                                  jurisdiction.                                           rulemaking proceeding; a reference to                    U.S.C.—The United States Code is a
                                                                                                          the legal authority under which the rule               consolidation and codification of all
                                                  V. Abbreviations                                        is proposed; and either the terms or                   general and permanent laws of the
                                                     The following abbreviations appear                   substance of the proposed rule or a                    United States. The U.S.C. is divided into
                                                  throughout this publication:                            description of the subjects and issues                 50 titles, each title covering a broad area
                                                     ANPRM—An Advance Notice of                           involved.                                              of Federal law.
                                                  Proposed Rulemaking is a preliminary                       PL (or Pub. L.)—A public law is a law
                                                  notice, published in the Federal                        passed by Congress and signed by the                   VI. How can users get copies of the
                                                  Register, announcing that an agency is                  President or enacted over his veto. It has             agenda?
                                                  considering a regulatory action. An                     general applicability, unlike a private                   Copies of the Federal Register issue
                                                  agency may issue an ANPRM before it                     law that applies only to those persons                 containing the printed edition of the
                                                  develops a detailed proposed rule. An                   or entities specifically designated.                   Unified Agenda (agency regulatory
                                                  ANPRM describes the general area that                   Public laws are numbered in sequence                   flexibility agendas) are available from
                                                  may be subject to regulation and usually                throughout the 2-year life of each                     the Superintendent of Documents, U.S.
                                                  asks for public comment on the issues                   Congress; for example, PL 110–4 is the                 Government Printing Office, P.O. Box
                                                  and options being discussed. An                         fourth public law of the 110th Congress.               371954, Pittsburgh, PA 15250–7954.
                                                  ANPRM is issued only when an agency                        RFA—A Regulatory Flexibility                        Telephone: (202) 512–1800 or 1–866–
                                                  believes it needs to gather more                        Analysis is a description and analysis of              512–1800 (toll-free).
                                                  information before proceeding to a                      the impact of a rule on small entities,                   Copies of individual agency materials
                                                  notice of proposed rulemaking.                          including small businesses, small                      may be available directly from the
                                                     CFR—The Code of Federal                              governmental jurisdictions, and certain                agency or may be found on the agency’s
                                                  Regulations is an annual codification of                small not-for-profit organizations. The                website. Please contact the particular
                                                  the general and permanent regulations                   Regulatory Flexibility Act (5 U.S.C. 601               agency for further information.
                                                  published in the Federal Register by the                et seq.) requires each agency to prepare                  All editions of The Regulatory Plan
                                                  agencies of the Federal Government.                     an initial RFA for public comment when                 and the Unified Agenda of Federal
                                                  The Code is divided into 50 titles, each                it is required to publish an NPRM and                  Regulatory and Deregulatory Actions
                                                  title covering a broad area subject to                  to make available a final RFA when the                 since fall 1995 are available in
                                                  Federal regulation. The CFR is keyed to                 final rule is published, unless the                    electronic form at http://reginfo.gov,
                                                  and kept up to date by the daily issues                 agency head certifies that the rule                    along with flexible search tools.
                                                  of the Federal Register.                                would not have a significant economic                     The Government Printing Office’s
                                                     E.O.—An Executive Order is a                         impact on a substantial number of small                GPO FDsys website contains copies of
                                                  directive from the President to                         entities.                                              the Agendas and Regulatory Plans that
                                                  Executive agencies, issued under                           RIN—The Regulation Identifier                       have been printed in the Federal
                                                  constitutional or statutory authority.                  Number is assigned by the Regulatory                   Register. These documents are available
                                                  Executive orders are published in the                   Information Service Center to identify                 at http://www.fdsys.gov.
                                                  Federal Register and in title 3 of the                  each regulatory action listed in the
                                                                                                          Unified Agenda, as directed by                           Dated: May 9, 2018.
                                                  Code of Federal Regulations.
                                                     FR—The Federal Register is a daily                   Executive Order 12866 (section 4(b)).                  John C. Thomas,
                                                  Federal Government publication that                     Additionally, OMB has asked agencies                   Executive Director.
                                                  provides a uniform system for                           to include RINs in the headings of their               [FR Doc. 2018–11221 Filed 6–8–18; 8:45 am]
                                                  publishing Presidential documents, all                  Rule and Proposed Rule documents                       BILLING CODE 6820–27–P
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Document Created: 2018-11-02 11:58:32
Document Modified: 2018-11-02 11:58:32
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 Citation83 FR 27086 

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