Semiannual Regulatory Agenda, 29790 [2019-11692]

Download as PDF 29790 Federal Register / Vol. 84, No. 121 / Monday, June 24, 2019 / Unified Agenda SURFACE TRANSPORTATION BOARD 49 CFR Ch. X [STB Ex Parte No. 536 (Sub-No. 46)] Semiannual Regulatory Agenda Surface Transportation Board. Semiannual regulatory agenda. AGENCY: ACTION: The Chairman of the Surface Transportation Board is publishing the Regulatory Flexibility Agenda for spring 2019. FOR FURTHER INFORMATION CONTACT: A contact person is identified for each of the rules listed below. SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., sets forth a number of requirements for agency rulemaking. Among other things, the RFA requires that, semiannually, each agency shall publish in the Federal Register a Regulatory Flexibility Agenda, which shall contain: (1) A brief description of the subject area of any rule that the agency expects to propose or promulgate, which is SUMMARY: likely to have a significant economic impact on a substantial number of small entities; (2) A summary of the nature of any such rule under consideration for each subject area listed in the agenda pursuant to paragraph (1), the objectives and legal basis for the issuance of the rule, and an approximate schedule for completing action on any rule for which the agency has issued a general notice of proposed rulemaking; and (3) The name and telephone number of an agency official knowledgeable about the items listed in paragraph (1). Accordingly, a list of proceedings appears below containing information about subject areas in which the Board is currently conducting rulemaking proceedings or may institute such proceedings in the near future. It also contains information about existing regulations being reviewed to determine whether to propose modifications through rulemaking. The agenda represents the Chairman’s best estimate of rules that may be considered over the next 12 months, but does not necessarily reflect the views of any other individual Board Member. However, section 602(d) of the RFA, 5 U.S.C. 602(d), provides: ‘‘Nothing in [section 602] precludes an agency from considering or acting on any matter not included in a Regulatory Flexibility Agenda or requires an agency to consider or act on any matter listed in such agenda.’’ The Chairman is publishing the agency’s Regulatory Flexibility Agenda for spring 2019 as part of the Unified Agenda of Federal Regulatory and Deregulatory Actions (Unified Agenda). The Unified Agenda is coordinated by the Office of Management and Budget (OMB), pursuant to Executive Orders 12866 and 13563. The Board is participating voluntarily in the program to assist OMB and has included rulemaking proceedings in the Unified Agenda beyond those required by the RFA. Dated: February 27, 2019. By the Board, Chairman Begeman. Jeffrey Herzig, Clearance Clerk. SURFACE TRANSPORTATION BOARD—LONG-TERM ACTIONS Title 349 .................... Review of Commodity, Boxcar, and TOFC/COFC Exemptions, EP 704 (Sub-No. 1) .................................... SURFACE TRANSPORTATION BOARD (STB) Long-Term Actions 349. Review of Commodity, Boxcar, and TOFC/COFC Exemptions, EP 704 (SubNo. 1) E.O. 13771 Designation: Independent agency. Legal Authority: 49 U.S.C. 10502; 49 U.S.C. 13301 Abstract: The Board proposed to revoke the class exemptions for the rail transportation of: (1) Crushed or broken stone or riprap; (2) hydraulic cement; and (3) coke produced from coal, jbell on DSK3GLQ082PROD with PROPOSALS29 Regulation Identifier No. Sequence No. VerDate Sep<11>2014 21:18 Jun 21, 2019 Jkt 247001 primary iron or steel products, and iron or steel scrap, wastes, or tailings. Timetable: Action Date NPRM .................. NPRM Comment Period End. NPRM Reply Comment Period End. Next Action Undetermined. 03/28/16 07/26/16 FR Cite 81 FR 17125 08/26/16 Regulatory Flexibility Analysis Required: Yes. PO 00000 Frm 00002 Fmt 4701 Sfmt 9990 2140–AB29 Agency Contact: Amy Ziehm, Branch Chief, Office of Proceedings, Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001, Phone: 202 245–0391, Email: amy.ziehm@ stb.gov. Francis O’Connor, Section Chief, Chemical & Agricultural Transportation, Office of Economics, Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001, Phone: 202 245–0331, Email: francis.o’connor@ stb.gov. RIN: 2140–AB29 [FR Doc. 2019–11692 Filed 6–21–19; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\24JNP29.SGM 24JNP29

Agencies

Surface Transportation Board

[Federal Register Volume 84, Number 121 (Monday, June 24, 2019)]
[Unknown Section]
[Page 29790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11692]

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Vol. 84

Monday,

No. 121

June 24, 2019

Part II

Regulatory Information Service Center

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Unified Agenda

Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

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REGULATORY INFORMATION SERVICE CENTER

Introduction to the Unified Agenda of Federal Regulatory and
Deregulatory Actions

AGENCY: Regulatory Information Service Center.

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

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SUMMARY: Spring 2019 Unified Agenda of Federal Regulatory and
Deregulatory Actions.
Publication of the Spring 2019 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 2019 Unified Agenda containing the regulatory agendas for 71
Federal agencies, is available to the public at https://reginfo.gov.
The Spring 2019 Unified Agenda publication appearing in the Federal
Register consists of agency regulatory flexibility agendas, in
accordance with the publication requirements of the Regulatory
Flexibility Act. Agency regulatory flexibility agendas contain only
those Agenda entries for rules that are likely to have a significant
economic impact on a substantial number of small entities and entries
that have been selected for periodic review under section 610 of the
Regulatory Flexibility Act.

ADDRESSES: Regulatory Information Service Center (MVE), General
Services Administration, 1800 F Street NW, MVE, Room 2219F, Washington,
DC 20405.

FOR FURTHER INFORMATION CONTACT: For further information about specific
regulatory actions, please refer to the agency contact listed for each
entry. To provide comment on or to obtain further information about
this publication, contact: John C. Thomas, Executive Director,
Regulatory Information Service Center (MVE), General Services
Administration, 1800 F Street NW, MVE, Room 2219F, Washington, DC
20405, (202) 482-7340. You may also send comments to us by email at:
[email protected]

SUPPLEMENTARY INFORMATION:

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 Energy
Department of Health and Human Services
Department of Homeland Security
Department of the Interior
Department of Justice
Department of Labor
Department of Transportation
Department of the Treasury

Other Executive Agencies

Architectural and Transportation Barriers Compliance Board
Committee for Purchase From People Who Are Blind or Severely Disabled
Environmental Protection Agency
General Services Administration
National Aeronautics and Space Administration
Railroad Retirement Board
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
National Labor Relations Board
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 https://reginfo.gov. The online Unified Agenda offers
user-friendly flexible search tools and a vast historical database.
The Spring 2019 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 https://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 https://reginfo.gov.

Department of Defense
Department of Education
Department of Housing and Urban Development
Department of State
Department of Veterans Affairs
Agency for International Development
American Battle Monuments Commission
Appraisal Subcommittee of the FFIEC

[[Page 29593]]

Commission on Civil Rights
Corporation for National and Community Service
Council on Environmental Quality
Court Services and Offender Supervision Agency for the District of
Columbia
Equal Employment Opportunity Commission
Federal Mediation and Conciliation Service
Institute of Museum and Library Science
National Archives and Records Administration
National Endowment for the Arts
National Endowment for the Humanities
National Mediation Board
Office of Government Ethics
Office of Management and Budget
Office of Personnel Management
Peace Corps
Pension Benefit Guaranty Corporation
Presidio Trust
Privacy and Civil Liberties Oversight Board
Social Security Administration
Tennessee Valley Authority
U.S. Agency for Global Media
United States International Development Finance Corporation
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 Mine Safety and Health Review Commission
Federal Trade Commission
National Credit Union Administration
National Indian Gaming Commission
National Labor Relations Board
National Transportation Safety Board
Postal Regulatory Commission
U.S. Chemical Safety and Hazard Investigation Board

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

[[Page 29594]]

independent regulatory agencies, nor does it apply to certain subject
areas excluded by section 4 of the Act. Affected agencies identify in
the Unified Agenda those regulatory actions they believe are subject to
title II of the Act.

Executive Order 13211

Executive Order 13211 entitled ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use,'' signed
May 18, 2001, (66 FR 28355), directs agencies to provide, to the extent
possible, information regarding the adverse effects that agency actions
may have on the supply, distribution, and use of energy. Under the
Order, the agency must prepare and submit a Statement of Energy Effects
to the Administrator of the Office of Information and Regulatory
Affairs, Office of Management and Budget, for ``those matters
identified as significant energy actions.'' As part of this effort,
agencies may optionally include in their submissions for the Unified
Agenda information on whether they have prepared or plan to prepare a
Statement of Energy Effects for their regulatory actions.

Small Business Regulatory Enforcement Fairness Act

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

III. How is the Unified Agenda organized?

Agency regulatory flexibility agendas are printed in a single daily
edition of the Federal Register. A regulatory flexibility agenda is
printed for each agency whose agenda includes entries for rules which
are likely to have a significant economic impact on a substantial
number of small entities or rules that have been selected for periodic
review under section 610 of the Regulatory Flexibility Act. Each
printed agenda appears as a separate part. The parts are organized
alphabetically in four groups: Cabinet departments; other executive
agencies; the Federal Acquisition Regulation, a joint authority; and
independent regulatory agencies. Agencies may in turn be divided into
sub-agencies. Each agency's part of the Agenda contains a 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 https://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.

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Priority--an indication of the significance of the regulation.
Agencies assign each entry to one of the following five categories of
significance.

(1) Economically Significant

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

(2) Other Significant

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

(3) Substantive, Nonsignificant

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

(4) Routine and Frequent

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

(5) Informational/Administrative/Other

A rulemaking that is primarily informational or pertains to agency
matters not central to accomplishing the agency's regulatory mandate
but that the agency places in the Unified Agenda to inform the public
of the activity.
Major--whether the rule is ``major'' under 5 U.S.C. 801 (Pub. L.
104-121) because it has resulted or is likely to result in an annual
effect on the economy of $100 million or more or meets other criteria
specified in that Act. The Act provides that the Administrator of the
Office of Information and Regulatory Affairs will make the final
determination as to whether a rule is major.
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, https://
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

[[Page 29596]]

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.
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 https://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 https://
www.fdsys.gov.

Dated: May 13, 2019.
John C. Thomas,
Executive Director.
[FR Doc. 2019-12557 Filed 6-21-19; 8:45 am]
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Vol. 84

Monday,

No. 121

June 24, 2019

Part III

Department of Agriculture

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Unified Agenda

Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

[[Page 29598]]

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DEPARTMENT OF AGRICULTURE

Office of the Secretary

2 CFR Subtitle B, Ch. IV

5 CFR Ch. LXXIII

7 CFR Subtitle A; Subtitle B, Chs. I-XI, XIV-XVIII, XX, XXV-
XXXVIII, XLII

9 CFR Chs. I-III

36 CFR Ch. II

48 CFR Ch. 4

Semiannual Regulatory Agenda, Spring 2019

AGENCY: Office of the Secretary, USDA.

ACTION: Semiannual regulatory agenda.

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

SUMMARY: This agenda provides summary descriptions of the significant
and not significant regulatory and deregulatory actions being developed
in agencies of the U.S. Department of Agriculture (USDA) in conformance
with Executive Orders (E.O.) 12866 ``Regulatory Planning and Review,''
13563, ``Improving Regulation and Regulatory Review,'' 13771 ``Reducing
Regulation and Controlling Regulatory Costs,'' and 13777, ``Enforcing
the Regulatory Reform Agenda.'' The agenda also describes regulations
affecting small entities as required by section 602 of the Regulatory
Flexibility Act, Public Law 96-354. This agenda also identifies
regulatory actions that are being reviewed in compliance with section
610(c) of the Regulatory Flexibility Act. We invite public comment on
those actions as well as any regulation consistent with Executive Order
13563.
USDA has attempted to list all regulations and regulatory reviews
pending at the time of publication except for minor and routine or
repetitive actions, but some may have been inadvertently missed. There
is no legal significance to the omission of an item from this listing.
Also, the dates shown for the steps of each action are estimated and
are not commitments to act on or by the date shown.
USDA's complete regulatory agenda is available online at
www.reginfo.gov. Because publication in the Federal Register is
mandated for the regulatory flexibility agendas required by the
Regulatory Flexibility Act (5 U.S.C. 602), USDA's printed agenda
entries include only:
(1) Rules that are likely to have a significant economic impact on
a substantial number of small entities; and
(2) Rules identified for periodic review under section 610 of the
Regulatory Flexibility Act.

FOR FURTHER INFORMATION CONTACT: For further information on any
specific entry shown in this agenda, please contact the person listed
for that action. For general comments or inquiries about the agenda,
please contact Michael Poe, Office of Budget and Program Analysis, U.S.
Department of Agriculture, Washington, DC 20250, (202) 720-3257.

Dated: March 11, 2019.
Michael Poe,
Legislative and Regulatory Staff.

Agricultural Marketing Service--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
1......................... Undue and Unreasonable 0581-AD81
Preferences and
Advantages Under the
Packers and Stockyards
Act.
2......................... Establishment of a Milk 0581-AD87
Donation Program.
------------------------------------------------------------------------

Agricultural Marketing Service--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
3......................... Establishment of a 0581-AD82
Domestic Hemp Production
Program.
------------------------------------------------------------------------

Agricultural Marketing Service--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
4......................... National Bioengineered 0581-AD54
Food Disclosure Standard.
------------------------------------------------------------------------

Animal and Plant Health Inspection Service--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
5......................... Plant Pest Regulations; 0579-AC98
Update of General
Provisions.
6......................... Bovine Spongiform 0579-AD10
Encephalopathy and
Scrapie; Importation of
Small Ruminants and Their
Germplasm, Products, and
Byproducts.
7......................... Lacey Act Implementation 0579-AD44
Plan: De Minimis
Exception.
------------------------------------------------------------------------

Animal and Plant Health Inspection Service--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
8......................... Brucellosis and Bovine 0579-AD65
Tuberculosis; Update of
General Provisions.
9......................... Importation of Fresh 0579-AD95
Citrus Fruit From the
Republic of South Africa
Into the Continental
United States.

[[Page 29599]]

10........................ Removal of Emerald Ash 0579-AE42
Borer Domestic Quarantine
Regulations.
------------------------------------------------------------------------

Animal and Plant Health Inspection Service--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
11........................ Scrapie in Sheep and Goats 0579-AC92
12........................ Branding Requirements for 0579-AE38
Bovines Imported Into the
United States From Mexico.
------------------------------------------------------------------------

Food Safety and Inspection Service--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
13........................ Performance Standards for 0583-AC46
the Production of
Processed Meat and
Poultry Products.
------------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE (USDA)

Agricultural Marketing Service (AMS)

Proposed Rule Stage

1. Undue and Unreasonable Preferences and Advantages Under the
Packers and Stockyards Act

E.O. 13771 Designation: Regulatory.
Legal Authority: Pub. L. 110-234
Abstract: This action would invite comments on proposed revisions
to regulations issued under the Packers and Stockyards Act (P&S Act).
The revisions would specify criteria the Secretary could consider in
determining whether conduct or action by packers, swine contractors, or
live poultry dealers constitutes an undue or unreasonable preference or
advantage and a violation of the P&S Act.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael V. Durando, Associate Deputy Administrator,
Fair Trade Practices Program, Department of Agriculture, Agricultural
Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-
0237, Phone: 202 720-0219.
RIN: 0581-AD81

2. Establishment of a Milk Donation Program

E.O. 13771 Designation: Other.
Legal Authority: Pub. L. 104-127
Abstract: This action begins the rulemaking process to establish a
Milk Donation Program as mandated by the Agriculture Improvement Act of
2018 (2018 Farm Bill). The proposed program would allow milk processors
who account to Federal milk marketing orders (FMMO) to claim limited
reimbursements for the cost of farm milk used to make donated fluid
milk products. Under the program, processors would partner with non-
profit organizations to distribute the donated products to individuals
in low-income groups.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Erin Taylor, Acting Director, Order Formulation and
Enforcement Division, Department of Agriculture, Agricultural Marketing
Service, Dairy Program, 1400 Independence Ave. SW, Room 2969-S,
Washington, DC 20250, Phone: 202 720-7311, Email:
[email protected]
RIN: 0581-AD87

DEPARTMENT OF AGRICULTURE (USDA)

Agricultural Marketing Service (AMS)

Final Rule Stage

3. Establishment of a Domestic Hemp Production Program

E.O. 13771 Designation: Deregulatory.
Legal Authority: 7 U.S.C. 1621
Abstract: This action will initiate a new part 990 establishing
rules and regulations for the domestic production of hemp. This action
is required to implement provisions of the Agriculture Improvement Act
of 2018 (Farm Bill).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 08/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sonia Jimenez, Deputy Administrator, Specialty
Crops Program, Department of Agriculture, Agricultural Marketing
Service, 14th and Independence Avenue SW, South Building, Washington,
DC 20050-6456, Phone: 202 720-4722, Email: [email protected]
RIN: 0581-AD82

DEPARTMENT OF AGRICULTURE (USDA)

Agricultural Marketing Service (AMS)

Completed Actions

4. National Bioengineered Food Disclosure Standard

E.O. 13771 Designation: Other.
Legal Authority: Pub. L. 114-216; 7 U.S.C. 1621 to 1627
Abstract: On July 29, 2016, the Agricultural Marketing Act of 1946
was amended to establish a National Bioengineered Food Disclosure
Standard (Law) (Pub. L. 114-216). The provisions of this rule, pursuant
to the law, will serve as a national mandatory bioengineered food
disclosure standard for bioengineered food and food that may be
bioengineered.
Completed:

[[Page 29600]]

Final Rule Effective................ 02/19/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Arthur Neal, Phone: 202 692-1300.
RIN: 0581-AD54

BILLING CODE 3410-02-P

DEPARTMENT OF AGRICULTURE (USDA)

Animal and Plant Health Inspection Service (APHIS)

Final Rule Stage

5. Plant Pest Regulations; Update of General Provisions

E.O. 13771 Designation: Deregulatory.
Legal Authority: 7 U.S.C. 450; 7 U.S.C. 2260; 7 U.S.C. 7701 to
7772; 7 U.S.C. 7781 to 7786; 7 U.S.C. 8301 to 8817; 21 U.S.C. 111; 21
U.S.C. 114a; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and
4332
Abstract: We are revising our regulations regarding the movement of
plant pests. We are also adding criteria to the regulations for the
importation, interstate movement, and release of biological control
organisms. This final rule also establishes regulations for the
importation and interstate movement of certain plant pests and
biological control organisms without restriction by establishing a
petition process for granting exceptions from permit requirements for
those pests and organisms. Finally, we are revising our regulations
regarding the importation and interstate movement of soil. This rule
clarifies the points that we will consider when assessing the risks
associated with the movement and release of certain organisms and
facilitates the movement of regulated organisms and articles in a
manner that protects U.S. agriculture.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Intent To Prepare an 10/20/09 74 FR 53673
Environmental Impact Statement.
Notice Comment Period End........... 11/19/09 .......................
NPRM................................ 01/19/17 82 FR 6980
NPRM Comment Period Extended........ 02/13/17 82 FR 10444
NPRM Comment Period End............. 04/19/17 .......................
Final Rule.......................... 06/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Colin Stewart, Assistant Director, Pests,
Pathogens, and Biocontrol Permits, PPQ, Department of Agriculture,
Animal and Plant Health Inspection Service, 4700 River Road, Unit 133,
Riverdale, MD 20737-1236, Phone: 301 851-2237.
RIN: 0579-AC98

6. Bovine Spongiform Encephalopathy and Scrapie; Importation of Small
Ruminants and Their Germplasm, Products, and Byproducts

E.O. 13771 Designation: Deregulatory.
Legal Authority: 7 U.S.C. 450; 7 U.S.C. 1622; 7 U.S.C. 7701 to
7772; 7 U.S.C. 7781 to 7786; 7 U.S.C. 8301 to 8317; 21 U.S.C. 136 and
136a; 31 U.S.C. 9701
Abstract: We are amending the regulations governing the importation
of animals and animal products to revise conditions for the importation
of live sheep, goats, and certain other non-bovine ruminants, and
products derived from sheep and goats, with regard to transmissible
spongiform encephalopathies such as bovine spongiform encephalopathy
(BSE) and scrapie. We are removing BSE-related import restrictions on
sheep and goats and most of their products, and adding import
restrictions related to transmissible spongiform encephalopathies for
certain wild, zoological, or other non-bovine ruminant species. The
conditions we are adopting for the importation of specified commodities
are based on internationally accepted scientific literature and will,
in general, align our regulations with guidelines established in the
World Organization for Animal Health's Terrestrial Animal Health Code.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alexandra MacKenzie, Veterinary Medical Officer,
Animal Permitting and Negotiating Services, NIES, VS, Department of
Agriculture, Animal and Plant Health Inspection Service, 4700 River
Road, Unit 39, Riverdale, MD 20737, Phone: 301 851-3300.
RIN: 0579-AD10

7. Lacey Act Implementation Plan: De Minimis Exception

E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 3371 et seq.
Abstract: The Food, Conservation, and Energy Act of 2008 amended
the Lacey Act to provide, among other things, that importers submit a
declaration at the time of importation for certain plants and plant
products. The declaration requirements of the Lacey Act became
effective on December 15, 2008, and enforcement of those requirements
is being phased in. We are proposing to establish an exception to the
declaration requirement for products containing a minimal amount of
plant materials.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dorothy Wayson, National Program Coordinator, Lacey
Act Program, Compliance and Environmental Coordination, PPQ, Department
of Agriculture, Animal and Plant Health Inspection Service, 4700 River
Road, Unit 150, Riverdale, MD 20737, Phone: 301 851-2036.
RIN: 0579-AD44

DEPARTMENT OF AGRICULTURE (USDA)

Animal and Plant Health Inspection Service (APHIS)

Long-Term Actions

8. Brucellosis and Bovine Tuberculosis; Update of General Provisions

E.O. 13771 Designation: Regulatory.
Legal Authority: 7 U.S.C. 1622; 7 U.S.C. 8301 to 8317; 15 U.S.C.
1828; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701
Abstract: This rulemaking would consolidate the regulations
governing bovine tuberculosis (TB), currently found in 9 CFR part 77,
and those governing brucellosis, currently found in 9 CFR part 78. As
part of this consolidation, we are proposing to transition the TB and
brucellosis programs away from a State status system based on disease
prevalence. Instead, States and tribes would implement an animal health
plan that identifies sources of the diseases within the State or tribe
and specifies mitigations to address the risk posed by these sources.
The consolidated

[[Page 29601]]

regulations also would set forth standards for surveillance,
epidemiological investigations, and affected herd management that must
be incorporated into each animal health plan, with certain limited
exceptions; conditions for the interstate movement of cattle, bison,
and captive cervids; and conditions for APHIS approval of tests for
bovine TB or brucellosis. Finally, the rulemaking would revise the
import requirements for cattle and bison.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/16/15 80 FR 78461
NPRM Comment Period End............. 03/15/16 .......................
NPRM Comment Period Extended........ 03/11/16 81 FR 12832
NPRM Comment Period Extended End.... 05/16/16 .......................
NPRM--Partial Withdrawal............ 03/27/19 84 FR 11448
-----------------------------------
Final Rule.......................... To Be Determined
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Langston Hull, Phone: 301 851-3300.
C. William Hench, Phone: 970 494-7378.
RIN: 0579-AD65

9. Importation of Fresh Citrus Fruit From the Republic of South Africa
Into the Continental United States

E.O. 13771 Designation: Deregulatory.
Legal Authority: 7 U.S.C. 450; 7 U.S.C. 7701 to 7772; 7 U.S.C. 7781
to 7786; 21 U.S.C. 136 and 136a
Abstract: This rulemaking will amend the fruits and vegetables
regulations to allow the importation of several varieties of fresh
citrus fruit, as well as citrus hybrids, into the continental United
States from areas in the Republic of South Africa where citrus black
spot has been known to occur. As a condition of entry, the fruit will
have to be produced in accordance with a systems approach that includes
shipment traceability, packinghouse registration and procedures, and
phytosanitary treatment. The fruit will also be required to be imported
in commercial consignments and accompanied by a phytosanitary
certificate issued by the national plant protection organization of the
Republic of South Africa with an additional declaration confirming that
the fruit has been produced in accordance with the systems approach.
This action will allow for the importation of fresh citrus fruit,
including citrus hybrids, from the Republic of South Africa while
continuing to provide protection against the introduction of plant
pests into the United States.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Tony Rom[aacute]n, Phone: 301 851-2242.
RIN: 0579-AD95

10. Removal of Emerald Ash Borer Domestic Quarantine Regulations

E.O. 13771 Designation: Deregulatory.
Legal Authority: 7 U.S.C. 7701 to 7772; 7 U.S.C. 7781 to 7786
Abstract: This rulemaking would remove the domestic quarantine
regulations for the plant pest emerald ash borer. This action would
discontinue the domestic regulatory component of the emerald ash borer
program as a means to more effectively direct available resources
toward management and containment of the pest. Funding previously
allocated to the implementation and enforcement of these domestic
quarantine regulations would instead be directed to a non-regulatory
option of research into, and deployment of, biological control agents
for emerald ash borer, which would serve as the primary tool to
mitigate and control the pest.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/19/18 83 FR 47310
NPRM Comment Period End............. 11/19/18 .......................
Next Action Undetermined............ .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Robyn Rose, Phone: 301 851-2283.
RIN: 0579-AE42

DEPARTMENT OF AGRICULTURE (USDA)

Animal and Plant Health Inspection Service (APHIS)

Completed Actions

11. Scrapie in Sheep and Goats

E.O. 13771 Designation: Deregulatory.
Legal Authority: 7 U.S.C. 8301 to 8317
Abstract: We are amending the scrapie regulations by changing the
risk groups and categories established for individual animals and for
flocks, increasing the use of genetic testing as a means of assigning
risk levels to animals, reducing movement restrictions for animals
found to be genetically less susceptible or resistant to scrapie, and
simplifying, reducing, or removing certain recordkeeping requirements.
We are also providing designated scrapie epidemiologists with more
alternatives and flexibility when testing animals in order to determine
flock designations under the regulations. We are changing the
definition of high-risk animal, which will change the types of animals
eligible for indemnity, and to pay higher indemnity for certain
pregnant ewes and does and early maturing ewes and does. The changes
will also make the identification and recordkeeping requirements for
goat owners consistent with those for sheep owners. These changes
affect sheep and goat producers, persons who handle sheep and goats in
interstate commerce, and State governments.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 03/25/19 84 FR 11170
Final Rule Effective................ 04/24/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Diane Sutton, Phone: 301 851-3509.
RIN: 0579-AC92

12. Branding Requirements for Bovines Imported Into the United States
From Mexico

E.O. 13771 Designation: Deregulatory.
Legal Authority: 7 U.S.C. 1622; 7 U.S.C. 8301 to 8317; 21 U.S.C.
136 and 136a; 31 U.S.C. 9701
Abstract: This rulemaking amends the regulations regarding the
branding of bovines imported into the United States from Mexico. We are
taking this action at the request of the Government of Mexico to
address issues that have arisen with the branding requirement for these
bovines. These changes will help prevent inconsistencies in branding
that can result in bovines being rejected for import into the United
States.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 12/14/18 83 FR 64223
Final Action Effective.............. 01/14/19 .......................
------------------------------------------------------------------------

[[Page 29602]]

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Betzaida Lopez, Phone: 301 851-3300.
RIN: 0579-AE38

BILLING CODE 3410-34-P

DEPARTMENT OF AGRICULTURE (USDA)

Food Safety and Inspection Service (FSIS)

Completed Actions

13. Performance Standards for the Production of Processed Meat and
Poultry Products

E.O. 13771 Designation: Other.
Legal Authority: 21 U.S.C. 451 et seq.; 21 U.S.C. 601 et seq.
Abstract: FSIS is proposing to establish pathogen reduction
performance standards for all ready-to-eat (RTE) and partially heat-
treated meat and poultry products. The performance standards spell out
the objective level of pathogen reduction that establishments must meet
during their operations in order to produce safe products, but allow
the use of customized, plant-specific processing procedures other than
those prescribed in their earlier regulations. With HACCP, food safety
performance standards give establishments the incentive and flexibility
to adopt innovative, science-based food safety processing procedures
and controls, while providing objective, measurable standards that can
be verified by Agency inspectional oversight. This set of performance
standards will include and be consistent with standards already in
place for certain ready-to-eat meat and poultry products.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Supplemental NPR--Withdrawn......... 03/28/16 81 FR 17338
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Rachel Edelstein, Phone: 202 205-0495, Fax: 202
720-2025, Email: [email protected]
RIN: 0583-AC46

[FR Doc. 2019-12325 Filed 6-21-19; 8:45 am]
BILLING CODE 3410-DM-P

[[Page 29603]]

Vol. 84

Monday,

No. 121

June 24, 2019

Part IV

Department of Commerce

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Unified Agenda

Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

[[Page 29604]]

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DEPARTMENT OF COMMERCE

Office of the Secretary

13 CFR Ch. III

15 CFR Subtitle A; Subtitle B, Chs. I, II, III, VII, VIII, IX, and
XI

19 CFR Ch. III

37 CFR Chs. I, IV, and V

48 CFR Ch. 13

50 CFR Chs. II, III, IV, and VI

Spring 2019 Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Commerce.

ACTION: Semiannual regulatory agenda.

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

SUMMARY: In compliance with Executive Order 12866, entitled
``Regulatory Planning and Review,'' and the Regulatory Flexibility Act,
as amended, the Department of Commerce (Commerce), in the spring and
fall of each year, publishes in the Federal Register an agenda of
regulations under development or review over the next 12 months.
Rulemaking actions are grouped according to prerulemaking, proposed
rules, final rules, long-term actions, and rulemaking actions completed
since the fall 2018 agenda. The purpose of the Agenda is to provide
information to the public on regulations that are currently under
review, being proposed, or issued by Commerce. The Agenda is intended
to facilitate comments and views by interested members of the public.
Commerce's spring 2019 regulatory agenda includes regulatory activities
that are expected to be conducted during the period May 1, 2019,
through April 30, 2020.

FOR FURTHER INFORMATION CONTACT:
Specific: For additional information about specific regulatory
actions listed in the agenda, contact the individual identified as the
contact person.
General: Comments or inquiries of a general nature about the Agenda
should be directed to Asha Mathew, Chief Counsel for Regulation, Office
of the Assistant General Counsel for Legislation, Regulation, and
Oversight, U.S. Department of Commerce, Washington, DC 20230,
telephone: 202-482-3151.

SUPPLEMENTARY INFORMATION: Commerce hereby publishes its spring 2019
Unified Agenda of Federal Regulatory and Deregulatory Actions pursuant
to Executive Order 12866 and the Regulatory Flexibility Act, 5 U.S.C.
601 et seq. Executive Order 12866 requires agencies to publish an
agenda of those regulations that are under consideration pursuant to
this order. By memorandum of February 7, 2019, the Office of Management
and Budget issued guidelines and procedures for the preparation and
publication of the spring 2019 Unified Agenda. The Regulatory
Flexibility Act requires agencies to publish, in the spring and fall of
each year, a regulatory flexibility agenda that contains a brief
description of the subject of any rule likely to have a significant
economic impact on a substantial number of small entities.
Beginning with the fall 2007 edition, the internet became the basic
means for disseminating the Unified Agenda. The complete Unified Agenda
is available online at www.reginfo.gov, in a format that offers users a
greatly enhanced ability to obtain information from the Agenda
database.
Because publication in the Federal Register is mandated for the
regulatory flexibility agendas required by the Regulatory Flexibility
Act, Commerce's printed agenda entries include only:
(1) Rules that are in the Agency's regulatory flexibility agenda,
in accordance with the Regulatory Flexibility Act, because they are
likely to have a significant economic impact on a substantial number of
small entities; and
(2) Rules that the Agency has identified for periodic review under
section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's Agenda
requirements. Additional information on these entries is available in
the Unified Agenda published on the internet.
Within Commerce, the Office of the Secretary and various operating
units may issue regulations. Among these operating units, the National
Oceanic and Atmospheric Administration (NOAA), the Bureau of Industry
and Security, and the Patent and Trademark Office issue the greatest
share of Commerce's regulations.
A large number of regulatory actions reported in the Agenda deal
with fishery management programs of NOAA's National Marine Fisheries
Service (NMFS). To avoid repetition of programs and definitions, as
well as to provide some understanding of the technical and
institutional elements of NMFS' programs, an ``Explanation of
Information Contained in NMFS Regulatory Entries'' is provided below.

Explanation of Information Contained in NMFS Regulatory Entries

The Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.) (the Act) governs the management of fisheries
within the Exclusive Economic Zone of the United States (EEZ). The EEZ
refers to those waters from the outer edge of the State boundaries,
generally 3 nautical miles, to a distance of 200 nautical miles. For
fisheries that require conservation and management measures, eight
Regional Fishery Management Councils (Councils) prepare and submit to
NMFS Fishery Management Plans (FMPs) for fisheries within their
respective areas in the EEZ. The Councils are required by law to
conduct public hearings on the development of FMPs and FMP amendments.
Consistent with applicable law, environmental and other analyses are
developed that consider alternatives to proposed actions.
Pursuant to the Magnuson-Stevens Act, the Councils also submit to
NMFS proposed regulations that they deem necessary or appropriate to
implement FMPs. The proposed regulations, FMPs, and FMP amendments are
subject to review and approval by NMFS, based on consistency with the
Magnuson-Stevens Act and other applicable law. NMFS is responsible for
conducting the rulemaking process for FMP implementing regulations. The
Council process for developing FMPs and amendments and proposed
regulations makes it difficult for NMFS to determine the significance
and timing of some regulatory actions under consideration by the
Councils at the time the semiannual regulatory agenda is published.
Commerce's spring 2019 regulatory agenda follows.

Peter B. Davidson,
General Counsel.

[[Page 29605]]

International Trade Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
14........................ Regulations Concerning 0625-AB10
Scope Inquiries and
Covered Merchandise
Referrals From U.S.
Customs and Border
Protection.
------------------------------------------------------------------------

Bureau of Industry and Security--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
15........................ Expansion of Export, 0694-AH53
Reexport, and Transfer
(In-Country) Controls for
Military End Use or
Military End Users in the
People's Republic of
China (China), Russia, or
Venezuela.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
16........................ Comprehensive Fishery 0648-BD32
Management Plan for
Puerto Rico.
17........................ Comprehensive Fishery 0648-BD33
Management Plan for St.
Croix.
18........................ Comprehensive Fishery 0648-BD34
Management Plan for St.
Thomas/St. John.
19........................ International Fisheries; 0648-BG04
South Pacific Tuna
Fisheries; Implementation
of Amendments to the
South Pacific Tuna Treaty.
20........................ Illegal, Unregulated, and 0648-BG11
Unreported Fishing;
Fisheries Enforcement;
High Seas Driftnet
Fishing Moratorium
Protection Act.
21........................ International Fisheries; 0648-BG66
Western and Central
Pacific Fisheries for
Highly Migratory Species;
Requirements to Safeguard
Fishery Observers.
22........................ Area of Overlap Between 0648-BH59
the Convention Areas of
the Inter-American
Tropical Tuna Commission
and the Western and
Central Pacific Fisheries
Commission.
23........................ Omnibus Deep-Sea Coral 0648-BH67
Amendment.
24........................ Regulatory Amendment to 0648-BH70
the Pacific Coast
Groundfish Fishery
Management Plan to
Implement an Electronic
Monitoring Program for
Bottom Trawl and Non-
Whiting Midwater Trawl
Vessels.
25........................ Vessel Movement, 0648-BI45
Monitoring, and
Declaration Management
Enhancement for the
Pacific Coast Groundfish
Fishery; Pacific Coast
Groundfish Fishery
Management Plan.
26........................ Atlantic Highly Migratory 0648-BI51
Species; Pelagic Longline
Bluefin Tuna Area-Based
and Weak Hook Management.
27........................ Requirements to Safeguard 0648-BI86
Fishery Observers in the
Eastern Pacific Ocean.
28........................ Amendment and Updates to 0648-BF90
the Pelagic Longline Take
Reduction Plan.
29........................ Revision to Critical 0648-BH95
Habitat Designation for
Endangered Southern
Resident Killer Whales.
30........................ Designation of Critical 0648-BI06
Habitat for the Mexico,
Central American, and
Western Pacific Distinct
Population Segments of
Humpback Whales Under the
Endangered Species Act.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
31........................ Regulatory Amendment to 0648-BF52
the Pacific Coast
Groundfish Fishery
Management Plan to
Implement an Electronic
Monitoring Program for
the Pacific Whiting
Fishery.
32........................ Commerce Trusted Trader 0648-BG51
Program.
33........................ Rule to Implement the For- 0648-BG75
Hire Reporting Amendments.
34........................ Generic Amendment to the 0648-BH72
Fishery Management Plans
for the Reef Fish
Resources of the Gulf of
Mexico and Coastal
Migratory Pelagic
Resources in the Gulf of
Mexico and Atlantic
Region.
35........................ Magnuson-Stevens Fisheries 0648-BH87
Conservation and
Management Act;
Traceability Information
Program for Seafood.
36........................ Halibut Deck Sorting 0648-BI53
Monitoring Requirements
for Trawl Catcher/
Processors Operating in
Non-Pollock Groundfish
Fisheries off Alaska.
37........................ Framework Adjustment 58 to 0648-BI64
the Northeast
Multispecies Fishery
Management Plan.
38........................ Regulation to Reduce 0648-BG45
Incidental Bycatch and
Mortality of Sea Turtles
in the Southeastern U.S.
Shrimp Fisheries.
39........................ Wisconsin-Lake Michigan 0648-BG01
National Marine Sanctuary
Designation.
40........................ Mallows Bay-Potomac River 0648-BG02
National Marine Sanctuary
Designation.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
41........................ Implementation of a 0648-BD59
Program for
Transshipments by Large
Scale Fishing Vessels in
the Eastern Pacific Ocean.

[[Page 29606]]

42........................ Pacific Coast Groundfish 0648-BE90
Fishing Capacity
Reduction Loan Refinance.
43........................ International Fisheries; 0648-BF41
Western and Central
Pacific Fisheries for
Highly Migratory Species;
Treatment of U.S. Purse
Seine Fishing With
Respect to U.S.
Territories.
44........................ Reducing Disturbances to 0648-AU02
Hawaiian Spinner Dolphins
From Human Interactions.
45........................ Designation of Critical 0648-BC56
Habitat for the Arctic
Ringed Seal.
46........................ Endangered and Threatened 0648-BG26
Species; Designation of
Critical Habitat for
Threatened Caribbean and
Indo-Pacific Reef-
Building Corals.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
47........................ Voting Criteria for a 0648-BG36
Referendum on a Gulf of
Mexico Reef Fish Catch
Share Program for For-
Hire Vessels With
Landings Histories.
48........................ Allow Halibut Individual 0648-BG94
Fishing Quota Leasing to
Community Development
Quota Groups.
49........................ Amendment 116 to the 0648-BH02
Fishery Management Plan
for Groundfish of the
Bering Sea and Aleutian
Islands Management Area.
50........................ Atlantic Highly Migratory 0648-BH54
Species; Atlantic Bluefin
Tuna and North Atlantic
Albacore Quotas.
51........................ Atlantic Highly Migratory 0648-BH75
Species; Shortfin Mako
Shark Management Measures.
52........................ Revisions to Regulations 0648-BH88
for Species With
Sideboard Limits That
Cannot Support Directed
Fishing by Vessels
Subject to Sideboards in
the Bering Sea and
Aleutian Islands and Gulf
of Alaska.
53........................ 2019 -- 2020 Harvest 0648-BH93
Specifications and
Management Measures for
Pacific Coast Groundfish
and Fishery Management
Plan.
54........................ Regulatory Amendment 28 to 0648-BI38
the Fishery Management
Plan for the Snapper-
Grouper Fishery of the
South Atlantic Region.
55........................ Framework Action to the 0648-BI39
Fishery Management Plan
for Reef Fish Resources
of the Gulf of Mexico,
Modification of Gulf of
Mexico Red Snapper and
Hogfish Annual Catch
Limits.
56........................ Regulatory Amendment to 0648-BG57
Authorize a Recreational
Quota Entity.
------------------------------------------------------------------------

Patent and Trademark Office--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
57........................ Requirement of U.S. 0651-AD30
Licensed Attorney for
Foreign Trademark
Applicants and
Registrants.
------------------------------------------------------------------------

DEPARTMENT OF COMMERCE (DOC)

International Trade Administration (ITA)

Proposed Rule Stage

14. Regulations Concerning Scope Inquiries and Covered Merchandise
Referrals From U.S. Customs and Border Protection

E.O. 13771 Designation: Other.
Legal Authority: Pub. L. 114-125, sec 421
Abstract: The Department of Commerce (Commerce) is proposing to
amend its regulations concerning scope inquiries (19 CFR 351.225) and
to set forth procedures addressing covered merchandise referrals from
U.S. Customs and Border Protection (CBP or the Customs Service).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jessica Link, Department of Commerce, International
Trade Administration, 1401 Constitution Avenue NW, Washington, DC
20230, Phone: 202 482-1411, Email: [email protected]
RIN: 0625-AB10

DEPARTMENT OF COMMERCE (DOC)

Bureau of Industry and Security (BIS)

Final Rule Stage

15. Expansion of Export, Reexport, and Transfer (In-Country) Controls
for Military End Use or Military End Users in the People's Republic of
China (China), Russia, or Venezuela

E.O. 13771 Designation: Other.
Legal Authority: 10 U.S.C. 7420; 10 U.S.C. 7430(e); 15 U.S.C.
1824a; 22 U.S.C. 287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; 30 U.S.C. 185(s); 30 U.S.C.
185(u); 42 U.S.C. 2139a; 43 U.S.C. 1354; 50 U.S.C. 1701 et seq.; 50
U.S.C. 4305; 50 U.S.C. 4601 et seq.; E.O. 12058; E.O. 12851; E.O.
12938; E.O. 12947; E.O. 13026; E.O. 13099; E.O. 13222; E.O. 13224; Pub.
L. 108-11
Abstract: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) to expand license requirements
on exports, reexports, and transfers (in-country) of items intended for
military end use or military end users in the People's Republic of
China (China), Russia, or Venezuela. Specifically, this rule expands
the licensing requirements for China to include ``military end users,''
in addition to ``military end use.'' It broadens the items for which
the licensing requirements and review policy apply and expand the
definition of ``military end use.'' Next, it creates a new reason for
control and associated review policy for regional stability for certain
items to China, Russia, or Venezuela, moving existing text related to
this policy. Finally, it adds Electronic

[[Page 29607]]

Export Information filing requirements in the Automated Export System
for exports to China, Russia, and Venezuela.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Action........................ 07/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Hillary Hess, Director, Regulatory Policy Division,
Department of Commerce, Bureau of Industry and Security, 14th Street
and Pennsylvania Avenue NW, Washington, DC 20230, Phone: 202 482-2440,
Fax: 202 482-3355, Email: [email protected]
RIN: 0694-AH53

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Proposed Rule Stage

National Marine Fisheries Service

16. Comprehensive Fishery Management Plan for Puerto Rico

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would implement a comprehensive Puerto Rico
Fishery Management Plan. The Plan would incorporate, and modify as
needed, Federal fisheries management measures presently included in
each of the existing species-based U.S. Caribbean Fishery Management
Plans (Spiny Lobster, Reef Fish, Coral, and Queen Conch Fishery
Management Plans) as those measures pertain to Puerto Rico exclusive
economic zone waters. The goal of this action is to create a Fishery
Management Plan tailored to the specific fishery management needs of
Puerto Rico. This new Plan, in conjunction with similar comprehensive
Fishery Management Plans being developed for St. Croix and St. Thomas/
St. John, would replace the Spiny Lobster, Reef Fish, Coral and Queen
Conch Fishery Management Plans presently governing the commercial and
recreational harvest in U.S. Caribbean exclusive economic zone waters.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected]
RIN: 0648-BD32

17. Comprehensive Fishery Management Plan for St. Croix

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would implement a comprehensive St. Croix
Fishery Management Plan. The Plan would incorporate, and modify as
needed, Federal fisheries management measures presently included in
each of the existing species-based U.S. Caribbean Fishery Management
Plans (Spiny Lobster, Reef Fish, Coral, and Queen Conch Fishery
Management Plans) as those measures pertain to St. Croix exclusive
economic zone waters. The goal of this action is to create a Fishery
Management Plan tailored to the specific fishery management needs of
St. Croix. This new Plan, in conjunction with similar comprehensive
Fishery Management Plans being developed for Puerto Rico and St.
Thomas/St. John, would replace the Spiny Lobster, Reef Fish, Coral and
Queen Conch Fishery Management Plans presently governing the commercial
and recreational harvest in U.S. Caribbean exclusive economic zone
waters.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/19 .......................
------------------------------------------------------------------------

18. Comprehensive Fishery Management Plan for St. Thomas/St. John

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would implement a comprehensive St. Thomas/St.
John Fishery Management Plan. The Plan would incorporate, and modify as
needed, Federal fisheries management measures presently included in
each of the existing species-based U.S. Caribbean Fishery Management
Plans (Spiny Lobster, Reef Fish, Coral, and Queen Conch Fishery
Management Plans) as those measures pertain to St. Thomas/St. John
exclusive economic zone waters. The goal of this action is to create a
Fishery Management Plan tailored to the specific fishery management
needs of St. Thomas/St. John. This new Plan, in conjunction with
similar comprehensive Fishery Management Plans being developed for St.
Croix and Puerto Rico, would replace the Spiny Lobster, Reef Fish,
Coral and Queen Conch Fishery Management Plans presently governing the
commercial and recreational harvest in U.S. Caribbean exclusive
economic zone waters.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/19 .......................
------------------------------------------------------------------------

19. International Fisheries; South Pacific Tuna Fisheries;
Implementation of Amendments to the South Pacific Tuna Treaty

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 973 et seq.
Abstract: Under authority of the South Pacific Tuna Act of 1988,
this rule would implement recent amendments to the Treaty on Fisheries
between the Governments of Certain Pacific Island States and the
Government of the United States of America (also known as the South
Pacific Tuna Treaty). The rule would include modification to the
procedures used to request licenses for U.S. vessels in the western and
central Pacific Ocean purse seine fishery, including changing the
annual licensing period from June-to-June to the calendar year, and
modifications to existing reporting requirements for purse seine
vessels fishing in the western and central Pacific Ocean. The rule
would implement only those aspects of the Treaty amendments that can be
implemented under the existing South Pacific Tuna Act.

[[Page 29608]]

Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Tosatto, Regional Administrator, Pacific
Islands Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 1845 Wasp Boulevard, Building 176,
Honolulu, HI 96818, Phone: 808 725-5000, Email:
[email protected]
RIN: 0648-BG04

20. Illegal, Unregulated, and Unreported Fishing; Fisheries
Enforcement; High Seas Driftnet Fishing Moratorium Protection Act

E.O. 13771 Designation: Regulatory.
Legal Authority: Pub. L. 114-81
Abstract: This proposed rule will make conforming amendments to
regulations implementing the various statutes amended by the Illegal,
Unreported and Unregulated Fishing Enforcement Act of 2015 (Pub. L.
114-81). The Act amends several regional fishery management
organization implementing statutes as well as the High Seas Driftnet
Fishing Moratorium Protection Act. It also provides authority to
implement two new international agreements under the Antigua
Convention, which amends the Convention for the establishment of an
Inter-American Tropical Tuna Commission, and the United Nations Food
and Agriculture Organization Agreement on Port State Measures to
Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated
Fishing (Port State Measures Agreement), which restricts the entry into
U.S. ports by foreign fishing vessels that are known to be or are
suspected of engaging in illegal, unreported, and unregulated fishing.
This proposed rule will also implement the Port State Measures
Agreement. To that end, this proposed rule will require the collection
of certain information from foreign fishing vessels requesting
permission to use U.S. ports. It also includes procedures to designate
and publicize the ports to which foreign fishing vessels may seek entry
and procedures for conducting inspections of these foreign vessels
accessing U.S. ports. Further, the rule establishes procedures for
notification of: the denial of port entry or port services for a
foreign vessel, the withdrawal of the denial of port services if
applicable, the taking of enforcement action with respect to a foreign
vessel, or the results of any inspection of a foreign vessel to the
flag nation of the vessel and other competent authorities as
appropriate.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John Henderschedt, Director, Office for
International Affairs and Seafood Inspection, Department of Commerce,
National Oceanic and Atmospheric Administration, 1315 East-West
Highway, Room 10362, Silver Spring, MD 20910, Phone: 301 427-8314,
Email: [email protected]
RIN: 0648-BG11

21. International Fisheries; Western and Central Pacific Fisheries for
Highly Migratory Species; Requirements To Safeguard Fishery Observers

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 6901 et seq.
Abstract: This rule would establish requirements to enhance the
safety of fishery observers on highly migratory species fishing
vessels. This rule would be issued under the authority of the Western
and Central Pacific Fisheries Convention Implementation Act, and
pursuant to decisions made by the Commission for the Conservation and
Management of Highly Migratory Fish Stocks in the Western and Central
Pacific Ocean. This action is necessary for the United States to
satisfy its obligations under the Convention on the Conservation and
Management of Highly Migratory Fish Stocks in the Western and Central
Pacific Ocean, to which it is a Contracting Party.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/19 .......................
------------------------------------------------------------------------

22. Area of Overlap Between the Convention Areas of the Inter-American
Tropical Tuna Commission and The Western and Central Pacific Fisheries
Commission

E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 6901 et seq.; 16 U.S.C. 951 et seq.
Abstract: Under authority of the Western and Central Pacific
Fisheries Convention Implementation Act and the Tuna Conventions Act,
an area of overlap (overlap area) exists between the respective areas
of competence of the Commission for the Conservation and Management of
Highly Migratory Fish Stocks in the Western and Central Pacific Ocean
and the Inter-American Tropical Tuna Commission. NMFS proposes to
change the application of the two Commissions' management decisions in
the overlap area to specifically apply Inter-American Tropical Tuna
Commission management measures in the overlap area rather than those of
the Commission for the Conservation and Management of Highly Migratory
Fish Stocks in the Western and Central Pacific Ocean that currently
apply there.
Timetable:

23. Omnibus Deep-Sea Coral Amendment

E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would implement the New England Fishery
Management Council's Omnibus Deep-Sea Coral Amendment. The Amendment
would implement measures that reduce impacts of fishing gear on deep-
sea corals in the Gulf of Maine and on the outer continental shelf. In
doing so, this action would prohibit the use of mobile bottom-tending
gear in two areas in the Gulf of Maine (Mount Desert Rock and Outer
Schoodic Ridge), and it would prohibit the use of all gear (with an
exception for red crab pots) along the outer continental shelf in
waters deeper than a minimum of 600 meters.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/19 .......................
------------------------------------------------------------------------

[[Page 29609]]

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email:
[email protected]
RIN: 0648-BH67

24. Regulatory Amendment to The Pacific Coast Groundfish Fishery
Management Plan To Implement an Electronic Monitoring Program for
Bottom Trawl and Non-Whiting Midwater Trawl Vessels

E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The proposed action would implement a regulatory
amendment to the Pacific Fishery Management Council's Pacific Coast
Groundfish Fishery Management Plan to allow bottom trawl and midwater
trawl vessels targeting non-whiting species the option to use
electronic monitoring (video cameras and associated sensors) in place
of observers to meet requirements for 100-percent observer coverage. By
allowing vessels the option to use electronic monitoring to meet
monitoring requirements, this action is intended to increase
operational flexibility and reduce monitoring costs for the fleet.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Regional Administrator, West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231-6266, Email: [email protected]
RIN: 0648-BH70

25. Vessel Movement, Monitoring, and Declaration Management
Enhancement for the Pacific Coast Groundfish Fishery; Pacific Coast
Groundfish Fishery Management Plan

E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rulemaking action would implement the Pacific
Fishery Management Council's action to implement various measures that
provide more efficient and effective monitoring, improve enforcement of
restricted areas, and reduce costs for the Pacific coast groundfish
fleet. This action would: increase the required frequency of signals
transmitted from type-approved vessel monitoring system (VMS) units
from once per hour to every 15 minutes to provide finer-scale vessel
location data; allow vessels to use alternative VMS units; add a VMS
declaration to indicate when a vessel is testing gear; allow vessels
participating in the midwater trawl whiting fishery to change their
declaration while at-sea to select a new whiting fishery; and allow
vessels to move pot gear from one management area to another during a
single trip while retaining fish from the primary management area.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/19 .......................
------------------------------------------------------------------------

26. Atlantic Highly Migratory Species; Pelagic Longline
Bluefin Tuna Area-Based and Weak Hook Management

E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq.
Abstract: Atlantic Highly Migratory Species (HMS) fisheries are
managed under the dual authority of the Magnuson-Stevens Conservation
and Management Act (Magnuson-Stevens Act) and the Atlantic Tunas
Convention Act (ATCA). This rulemaking will address the area-based and
weak hook management measures for bluefin tuna in the pelagic longline
fishery. NMFS implemented an individual bluefin tuna quota system for
pelagic longline fishery participants in 2015. With this approach and
its emphasis on individual vessel accountability, NMFS has determined
some fleetwide measures may be redundant. This action would
appropriately streamline regulations and increase flexibility to the
Atlantic pelagic longline fishery while maintaining bycatch reduction
and conservation and management obligations.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alan Risenhoover, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20910, Phone: 301 713-2334, Fax: 301 713-0596, Email:
[email protected]
RIN: 0648-BI51

27. Requirements To Safeguard Fishery Observers in the Eastern
Pacific Ocean

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 951 et seq.
Abstract: This rulemaking action would domestically implement
recently adopted resolutions on improving observer safety at sea by
parties to the Inter-American Tropical Tuna Commission (IATTC) and the
Agreement on the International Dolphin Conservation Program (AIDCP),
including the United States. The resolutions are binding for IATTC
member nations and AIDCP Parties, and under the Tuna Conventions Act,
16 U.S.C. 951 et seq. and the Marine Mammal Protection Act of 1972, as
amended. These resolutions aim to strengthen protections for observers
required in longline and transshipment observer programs required under
the IATTC and on purse seine vessels required by the AIDCP. In
implementing them, this rulemaking proposes to include provisions that
detail responsibilities for vessel owners and operators,
responsibilities for IATTC and AIDCP members to which fishing vessels
are flagged, responsibilities for members that have jurisdiction over
ports, and responsibilities for observer providers. The action is
necessary for the United States to satisfy its international
obligations as a Member of the IATTC and AIDCP.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/19 .......................
------------------------------------------------------------------------

[[Page 29610]]

28. Amendment and Updates to the Pelagic Longline Take Reduction Plan

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1361 et seq.
Abstract: Serious injury and mortality of the Western North
Atlantic short-finned pilot whale stock incidental to the Category I
Atlantic pelagic longline fishery continues at levels exceeding their
Potential Biological Removal. This proposed action will examine a
number of management measures to amend the Pelagic Longline Take
Reduction Plan to reduce the incidental mortality and serious injury of
short-finned pilot whales taken in the Atlantic Pelagic Longline
fishery to below Potential Biological Removal. Potential management
measures may include changes to the current limitations on mainline
length, new requirements to use weak hooks (hooks with reduced breaking
strength), and non-regulatory measures related to determining the best
procedures for safe handling and release of marine mammals. The need
for the proposed action is to ensure the Pelagic Longline Take
Reduction Plan meets its Marine Mammal Protection Act mandated short-
and long-term goals.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donna Wieting, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910, Phone: 301 427-8400.
RIN: 0648-BF90

29. Revision to Critical Habitat Designation for Endangered Southern
Resident Killer Whales

E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: The proposed action would revise the designation of
critical habitat for the endangered Southern Resident killer whale
distinct population segment, pursuant to section 4 of the Endangered
Species Act. Critical habitat for this population is currently
designated within inland waters of Washington. In response to a 2014
petition, NMFS is proposing to expand the designation to include areas
occupied by Southern Resident killer whales in waters along the U.S.
West Coast. Impacts from the designation would stem mainly from Federal
agencies' requirement to consult with NMFS, under section 7 of the
Endangered Species Act, to ensure that any action they carry out,
permit (authorize), or fund will not result in the destruction or
adverse modification of critical habitat of a listed species. Federal
agencies are already required to consult on effects to the currently
designated critical habitat in inland waters of Washington, but
consultation would be newly required for actions affecting the expanded
critical habitat areas. Federal agencies are also already required to
consult within the Southern Resident killer whales' range (including
along the U.S. West Coast) to ensure that any action they carry out,
permit, or fund will not jeopardize the continued existence of the
species; this requirement would not change with a revision to the
critical habitat designation.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/19 .......................
------------------------------------------------------------------------

30. Designation of Critical Habitat for the Mexico, Central American,
and Western Pacific Distinct Population Segments of Humpback Whales
Under the Endangered Species Act

E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: This action will propose the designation of critical
habitat for three distinct population segments of humpback whales
(Megaptera novaeangliae) pursuant to section 4 of the Endangered
Species Act. The three distinct population segments of humpback whales
concerned--the Mexico, Central American, and Western Pacific distinct
population segments--were listed under the Endangered Species Act on
September 8, 2016, thereby triggering the requirement under section 4
of the Endangered Species Act to designate critical habitat to the
maximum extent prudent and determinable. Proposed critical habitat for
these three distinct population segments of humpback whales will
include marine habitats within the Pacific Ocean and Bering Sea and
will likely overlap with several existing designations, including
critical habitat for leatherback sea turtles, North Pacific right
whales, Steller sea lions, southern resident killer whales, and the
southern distinct population segment of green sturgeon. Impacts from
the designations for humpback whales would stem from the statutory
requirement for Federal agencies to consult with NMFS, under section 7
of the Endangered Species Act, to ensure that any action they carry
out, authorize, or fund will not result in the destruction or adverse
modification of humpback whale critical habitat. Within many of the
areas we are evaluating for potential proposal as critical habitat for
the humpback whales distinct population segments, Federal agencies are
already required to consult on effects to currently designated critical
habitat for other listed species. Federal agencies are also already
required to consult with NMFS under section 7 of the Endangered Species
Act to ensure that any action they authorize, fund or carry out will
not jeopardize the continued existence of the listed distinct
population segments of humpback whales.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/19 .......................
------------------------------------------------------------------------

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Final Rule Stage

National Marine Fisheries Service

31. Regulatory Amendment to the Pacific Coast Groundfish Fishery
Management Plan To Implement an Electronic Monitoring Program for the
Pacific Whiting Fishery

E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would implement a regulatory amendment to the
Pacific Coast Groundfish Fishery Management Plan to allow Pacific
whiting vessels the option to use

[[Page 29611]]

electronic monitoring (video cameras and associated sensors) in place
of observers to meet requirements for 100-percent observer coverage.
Vessels participating in the catch share program are required to carry
an observer on all trips to ensure total accountability for at-sea
discards. For some vessels, electronic monitoring may have lower costs
than observers and a reduced logistical burden. By allowing vessels the
option to use electronic monitoring to meet monitoring requirements,
this action is intended to increase operational flexibility and reduce
monitoring costs for the Pacific whiting fleet.
Timetable:

32. Commerce Trusted Trader Program

E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule will establish a voluntary Commerce Trusted
Trader Program for importers, aiming to provide benefits such as
reduced targeting and inspections and enhanced streamlined entry into
the United States for certified importers. Specifically, this rule
would establish the criteria required of a Commerce Trusted Trader, and
identify specifically how the program will be monitored and by whom. It
will require that a Commerce Trusted Trader establish a secure supply
chain and maintain the records necessary to verify the legality of all
designated product entering into U.S. commerce, but will excuse the
Commerce Trusted Trader from entering that data into the International
Trade Data System prior to entry, as required by Seafood Import
Monitoring Program (finalized on December 9, 2016). The rule will
identify the benefits available to a Commerce Trusted Trader, detail
the application process, and specify how the Commerce Trusted Trader
will be audited by third-party entities while the overall program will
be monitored by the National Marine Fisheries Service.
Timetable:

33. Rule To Implement the For-Hire Reporting Amendments

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule proposes to implement Amendment 39 for the
Snapper-Grouper Fishery of the South Atlantic Region, Amendment 9 for
the Dolphin and Wahoo Fishery of the Atlantic, and Amendment 27 to the
Coastal Migratory Pelagics Fishery of the Gulf of Mexico and Atlantic
Regions (For-Hire Reporting Amendments). The For-Hire Reporting
Amendments rule proposes mandatory weekly electronic reporting for
charter vessel operators with a Federal for-hire permit in the snapper-
grouper, dolphin wahoo, or coastal migratory pelagics fisheries;
reduces the time allowed for headboat operators to complete their
electronic reports; and requires location reporting by charter vessels
with the same level of detail currently required for headboat vessels.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 03/14/18 83 FR 11164
NPRM................................ 04/04/18 83 FR 14400
NPRM Comment Period End............. 05/04/18 .......................
Final Action........................ 05/00/19 .......................
------------------------------------------------------------------------

34. Generic Amendment to the Fishery Management Plans for the Reef Fish
Resources of the Gulf of Mexico and Coastal Migratory Pelagic Resources
in the Gulf of Mexico and Atlantic Region

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action, recommended by the Gulf of Mexico Fishery
Management Council, would modify data reporting for owners or operators
of federally permitted for-hire vessels (charter vessels and headboats)
in the Gulf of Mexico, requiring them to declare the type of trip (for-
hire or other) prior to departing for any trip, and electronically
submit trip-level reports prior to off-loading fish at the end of each
fishing trip. The declaration would include the expected return time
and landing location. Landing reports would include information about
catch and effort during the trip. The action would also require that
these reports be submitted via approved hardware that includes a global
positioning system attached to the vessel that is capable, at a
minimum, of archiving global positioning system locations. This
requirement would not preclude the use of global positioning system
devices that provide real-time location data, such as the currently
approved vessel monitoring systems.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 06/21/18 83 FR 28797
NPRM................................ 10/26/18 83 FR 54069
Correction.......................... 11/08/18 83 FR 55850
Comment Period Extended............. 11/20/18 83 FR 58522
NPRM Comment Period End............. 11/26/18 .......................
Comment Period Extended End......... 01/09/19 .......................
Final Action........................ 05/00/19 .......................
------------------------------------------------------------------------

35. Magnuson-Stevens Fisheries Conservation and Management Act;
Traceability Information Program for Seafood

E.O. 13771 Designation: Other.

[[Page 29612]]

Legal Authority: 16 U.S.C. 1801 et seq.; Pub. L. 115-141
Abstract: On December 9, 2016, NMFS issued a final rule that
established a risk-based traceability program to track seafood from
harvest to entry into U.S. commerce. The final rule included, for
designated priority fish species, import permitting and reporting
requirements to provide for traceability of seafood products offered
for entry into the U.S. supply chain, and to ensure that these products
were lawfully acquired and are properly represented. Shrimp and abalone
products were included in the final rule to implement the Seafood
Import Monitoring Program, but compliance with Seafood Import
Monitoring Program requirements for those species was stayed
indefinitely due to the disparity between Federal reporting programs
for domestic aquaculture of shrimp and abalone products relative to the
requirements that would apply to imports under Seafood Import
Monitoring Program. In section 539 of the Consolidated Appropriations
Act, 2018, Congress mandated lifting the stay on inclusion of shrimp
and abalone in Seafood Import Monitoring Program and authorized the
Secretary of Commerce to require comparable reporting and recordkeeping
requirements for domestic aquaculture of shrimp and abalone. This
rulemaking would establish permitting, reporting and recordkeeping
requirements for domestic producers of shrimp and abalone from the
point of production to entry into commerce.
Timetable:

36. Halibut Deck Sorting Monitoring Requirements for Trawl
Catcher/Processors Operating in Non-Pollock Groundfish Fisheries Off
Alaska

E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C 1801 et seq.
Abstract: In the non-pollock trawl groundfish fisheries off Alaska,
there are catch limits for Pacific halibut as a prohibited species if
halibut mortality reaches the limit, the fishery closes regardless of
whether or not fishery participants have reached the quotas for the
actual target groundfish species. This proposed action would implement
catch handling and monitoring requirements to allow the sorting of
Pacific halibut prohibited species catch (PSC) on the deck of trawl
catcher/processors and motherships participating in these fisheries.
This would allow Pacific halibut to be discarded prior to entering the
onboard factory, thereby reducing discard mortality. Reducing halibut
discard mortality could in turn maximize harvest of the directed
groundfish fisheries that otherwise might be constrained by the
regulatory halibut PSC limits. To participate in halibut deck sorting,
a vessel would be required to comply with additional monitoring and
equipment requirements to ensure accurate accounting for halibut PSC
sorted on deck. Participation in this program along with the associated
costs would be voluntary, allowing for flexibility for individual
vessel owners of non-pollock trawl catcher/processors and motherships
to determine if the benefits of reduced halibut mortality, and the
corresponding reduction in fleet-wide PSC rates, outweigh the
individual costs of complying with the monitoring and enforcement
requirements.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: James Balsiger, Regional Administrator, Alaska
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7221, Fax: 907 586-7465, Email: [email protected]
RIN: 0648-BI53

37. Framework Adjustment 58 to the Northeast Multispecies
Fishery Management Plan

E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The proposed action would implement management measures
included in Framework Adjustment 58 to the Northeast Multispecies
Fishery Management Plan (Framework 58) that were developed by the New
England Fishery Management Council in response to new scientific
information. The proposed action would set fishing year 2019 and 2020
specifications for seven stocks, including the three U.S./Canada
stocks--Eastern Georges Bank cod, Eastern Georges Bank haddock, and
Georges Bank yellowtail flounder. This action would also: Implement
revised or new rebuilding programs for Georges Bank winter flounder,
Southern New England/Mid-Atlantic yellowtail flounder, witch flounder,
northern windowpane flounder, and ocean pout; temporarily revise catch
thresholds for implementing the scallop fishery's accountability
measures for Georges Bank yellowtail flounder; pay back an overage of
Gulf of Maine cod catch from 2016; exempt vessels fishing exclusively
in the North Atlantic Fisheries Organization areas from the U.S.
minimum fish size for groundfish species; and make an administrative
change to the deadline for permit holders to submit days-at-sea leasing
forms to the National Marine Fisheries Service.
Timetable:

38. Regulation To Reduce Incidental Bycatch and Mortality of Sea
Turtles in the Southeastern U.S. Shrimp Fisheries

E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: The purpose of the proposed action is to aid in the
protection and recovery of listed sea turtle populations by reducing
incidental bycatch and mortality of small sea turtles in the
Southeastern U.S. shrimp fisheries. As a result of new information on
sea turtle bycatch in shrimp trawls and turtle excluder device testing,
NMFS conducted an evaluation of the Southeastern U.S. shrimp fisheries
that resulted in a draft environmental impact

[[Page 29613]]

statement. This rule proposes to withdraw the alternative tow time
restriction, and require certain vessels using skimmer trawls, pusher-
head trawls, and wing nets (butterfly trawls), with the exception of
vessels participating in the Biscayne Bay wing net fishery in Miami-
Dade County, Florida, to use turtle excluder devices designed to
exclude small sea turtles.
Timetable:

------------------------------------------------------------------------
FR
Action Date FR Cite Cite
-------------------------------------------------------------------- ------
NPRM.............................. 12/16/16 81 FR 91097
NPRM Comment Period End........... 02/14/17 .....................
Final Action...................... 07/00/19 .....................
------------------------------------------------------------------------

NOS/ONMS

39. Wisconsin-Lake Michigan National Marine Sanctuary Designation

E.O. 13771 Designation: Other.
Legal Authority: 16 U.S.C. 1431 et seq.
Abstract: On December 2, 2014, pursuant to section 304 of the
National Marine Sanctuaries Act and the Sanctuary Nomination Process
(79 FR 33851), a coalition of community groups submitted a nomination
asking NOAA to designate an area of Wisconsin's Lake Michigan waters as
a national marine sanctuary. The area is a region that includes 875
square miles of Lake Michigan waters and bottomlands adjacent to
Manitowoc, Sheboygan, and Ozaukee counties and the cities of Port
Washington, Sheboygan, Manitowoc, and Two Rivers. It includes 80 miles
of shoreline and extends 9 to 14 miles from the shoreline. The area
contains an extraordinary collection of submerged maritime heritage
resources (shipwrecks) as demonstrated by the listing of 15 shipwrecks
on the National Register of Historic Places. The area includes 39 known
shipwrecks, 123 reported vessel losses, numerous other historic
maritime-related features, and is adjacent to communities that have
embraced their centuries-long relationship with Lake Michigan. NOAA
completed its review of the nomination in accordance with the Sanctuary
Nomination Process and on February 5, 2015, added the area to the
inventory of nominations that are eligible for designation. On October
7, 2015, NOAA issued a notice of intent to begin the designation
process and asked for public comment on making this area a national
marine sanctuary. Designation under the National Marine Sanctuaries Act
would allow NOAA to supplement and complement work by the State of
Wisconsin and other Federal agencies to protect this collection of
nationally significant shipwrecks.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Vicki Wedell, Department of Commerce, National
Oceanic and Atmospheric Administration, 1305 East-West Highway (N/
ORM6), Silver Spring, MD 20910, Phone: 301 713-7237, Fax: 301 713-0404,
Email: [email protected]
RIN: 0648-BG01

40. Mallows Bay-Potomac River National Marine Sanctuary Designation

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1431 et seq.
Abstract: On September 16, 2014, pursuant to section 304 of the
National Marine Sanctuaries Act and the Sanctuary Nomination Process
(79 FR 33851), a coalition of community groups submitted a nomination
asking NOAA to designate Mallows Bay-Potomac River as a national marine
sanctuary. The Mallows Bay area of the tidal Potomac River is an area
40 miles south of Washington, DC, off the Nanjemoy Peninsula of Charles
County, MD. The designation of a national marine sanctuary would focus
on conserving the collection of maritime heritage resources
(shipwrecks) in the area as well as expand the opportunities for public
access, recreation, tourism, research, and education. NOAA completed
its review of the nomination in accordance with the Sanctuary
Nomination Process and on January 12, 2015, added the area to the
inventory of nominations that are eligible for designation. On October
7, 2015, NOAA issued a notice of intent to begin the designation
process and asked for public comment on making this area a national
marine sanctuary. Designation under the National Marine Sanctuaries Act
would allow NOAA to supplement and complement work by the State of
Maryland and other Federal agencies to protect this collection of
nationally significant shipwrecks.
Timetable:

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Long-Term Actions

National Marine Fisheries Service

41. Implementation of a Program for Transshipments by Large Scale
Fishing Vessels in the Eastern Pacific Ocean

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 951 et seq.; 16 U.S.C. 971 et seq.
Abstract: This rule would implement the Inter-American Tropical
Tuna Commission program to monitor transshipments by large-scale tuna
fishing vessels, and would govern transshipments by U.S. large-scale
tuna fishing vessels and carrier, or receiving, vessels. The rule would
establish: Criteria for transshipping in port; criteria for
transshipping at sea by longline vessels to an authorized carrier
vessel with an Inter-American Tropical Tuna Commission observer onboard
and an operational vessel monitoring system; and require the Pacific
Transshipment Declaration Form, which must be used to report
transshipments in the Inter-American Tropical Tuna Commission
Convention Area. This rule is necessary for the United States to
satisfy its international obligations under the 1949 Convention for the
Establishment of an Inter-American Tropical Tuna, to which it is a
Contracting Party.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/20 .......................
------------------------------------------------------------------------

[[Page 29614]]

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Phone: 503 231-6266, Email:
[email protected]
RIN: 0648-BD59

42. Pacific Coast Groundfish Fishing Capacity Reduction Loan Refinance

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 1861 et seq.; 5
U.S.C. 561 et seq.
Abstract: Congress enacted the 2015 National Defense Authorization
Act to refinance the existing debt obligation funding the fishing
capacity reduction program for the Pacific Coast Groundfish fishery
implemented under section 212. Pending appropriation of funds to effect
the refinance, the National Marine Fisheries Service issued proposed
regulations to seek comment on the refinancing and to prepare for an
industry referendum and final rule. However, a subsequent appropriation
to fund the refinancing was never enacted. As a result, the National
Marine Fisheries Service has no funds with which to proceed, and the
refinancing authority cannot be implemented at this time.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brian Pawlak, Phone: 301 427-8621, Email:
[email protected]
RIN: 0648-BE90

43. International Fisheries; Western and Central Pacific Fisheries for
Highly Migratory Species; Treatment of U.S. Purse Seine Fishing With
Respect to U.S. Territories

E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 6901 et seq.
Abstract: This action would establish rules and/or procedures to
address the treatment of U.S.-flagged purse seine vessels and their
fishing activities in regulations issued by the National Marine
Fisheries Service that implement decisions of the Commission for the
Conservation and Management of Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean (Commission), of which the United
States is a member. Under the Western and Central Pacific Fisheries
Convention Implementation Act, the National Marine Fisheries Service
exercises broad discretion when determining how it implements
Commission decisions, such as purse seine fishing restrictions. The
National Marine Fisheries Service intends to examine the potential
impacts of the domestic implementation of Commission decisions, such as
purse seine fishing restrictions, on the economies of the U.S.
territories that participate in the Commission, and examine the
connectivity between the activities of U.S.-flagged purse seine fishing
vessels and the economies of the territories. Based on that and other
information, the National Marine Fisheries Service might propose
regulations that mitigate adverse economic impacts of purse seine
fishing restrictions on the U.S. territories and/or that, in the
context of the Convention on the Conservation and Management of Highly
Migratory Fish Stocks in the Western and Central Pacific Ocean
(Convention), recognize that one or more of the U.S. territories have
their own purse seine fisheries that are distinct from the purse seine
fishery of the United States and that are consequently subject to
special provisions of the Convention and of Commission decisions.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Tosatto, Phone: 808 725-5000, Email:
[email protected]
RIN: 0648-BF41

44. Reducing Disturbances to Hawaiian Spinner Dolphins From Human
Interactions

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1361 et seq.
Abstract: This action would implement regulatory measures under the
Marine Mammal Protection Act to protect Hawaiian spinner dolphins that
are resting in protected bays from take due to close approach
interactions with humans.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donna Wieting, Phone: 301 427-8400.
RIN: 0648-AU02

45. Designation of Critical Habitat for the Arctic Ringed Seal

E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: The National Marine Fisheries Service published a final
rule to list the Arctic ringed seal as a threatened species under the
Endangered Species Act (ESA) in December 2012. The ESA requires
designation of critical habitat at the time a species is listed as
threatened or endangered, or within one year of listing if critical
habitat is not then determinable. This rulemaking would designate
critical habitat for the Arctic ringed seal. The critical habitat
designation would be in the northern Bering, Chukchi, and Beaufort seas
within the current range of the species.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donna Wieting, Phone: 301 427-8400.
RIN: 0648-BC56

46. Endangered and Threatened Species; Designation of Critical Habitat
for Threatened Caribbean and Indo-Pacific Reef-Building Corals

E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: On September 10, 2014, the National Marine Fisheries
Service listed 20 species of reef-building corals as threatened under
the Endangered Species Act, 15 in the Indo-Pacific and five in the
Caribbean. Of the 15 Indo-

[[Page 29615]]

Pacific species, seven occur in U.S. waters of the Pacific Islands
Region, including in American Samoa, Guam, the Commonwealth of the
Mariana Islands, and the Pacific Remote Island Areas. This proposed
rule would designate critical habitat for the seven species in U.S.
waters (Acropora globiceps, Acropora jacquelineae, Acropora retusa,
Acropora speciosa, Euphyllia paradivisa, Isopora crateriformis, and
Seriatopora aculeata). The proposed designation would cover coral reef
habitat around 17 island or atoll units in the Pacific Islands Region,
including four in American Samoa, one in Guam, seven in the
Commonwealth of the Mariana Islands, and five in Pacific Remote Island
Areas, containing essential features that support reproduction, growth,
and survival of the listed coral species. This rule also proposes to
designate critical habitat for the five Caribbean corals and proposed
to revise critical habitat for two, previously-listed corals, Acropora
palmata and Acropora cervicornis.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/20 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donna Wieting, Phone: 301 427-8400.
RIN: 0648-BG26

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Completed Actions

47. Voting Criteria for a Referendum on a Gulf of Mexico Reef Fish
Catch Share Program for For-Hire Vessels With Landings Histories

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Amendment 42 to the Fishery Management Plan for Reef Fish
Resources in the Gulf of Mexico (Amendment 42) proposes to establish a
catch share program for up to five species of reef fish for headboats
with landings history in the Southeast Region Headboat Survey. This
rule would inform the public of the procedures, schedule, and
eligibility requirements that NOAA Fisheries would use in conducting
the referendum that is required before the Gulf of Mexico Fishery
Management Council (Council) can submit Amendment 42 for Secretarial
review.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Withdrawn........................... 02/19/19 .......................
------------------------------------------------------------------------

48. Allow Halibut Individual Fishing Quota Leasing to Community
Development Quota Groups

E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1861 et seq.; 16 U.S.C. 773 et seq.
Abstract: This action would allow Western Alaska Community
Development Quota groups to lease halibut individual fishing quota in
the Bering Sea and Aleutian Islands in years of low halibut catch
limits. The Community Development Quota Program is an economic
development program that provides eligible western Alaska villages with
the opportunity to participate and invest in fisheries. The Community
Development Quota Program receives annual allocations of total
allowable catches for a variety of commercially valuable species. In
recent years, low halibut catch limits have hindered most Community
Development Quota groups' ability to create a viable halibut fishing
opportunity for their residents. This rule would authorize Community
Development Quota groups to obtain additional halibut quota from
commercial fishery participants to provide Community Development Quota
community residents more fishing opportunities in years when the
halibut Community Development Quota allocation may not be large enough
to present a viable fishery for participants.
Timetable:

Regulatory Flexibility Analysis Required: No.
Agency Contact: James Balsiger, Regional Administrator, Alaska
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7221, Fax: 907 586-7465, Email: [email protected]
RIN: 0648-BG94

49. Amendment 116 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would further limit access to the Bering Sea
and Aleutian Islands yellowfin sole Trawl Limited Access fishery by
catcher vessels delivering to offshore motherships or catcher/
processors. In recent years, an unexpected increase in participation in
the offshore sector of this fishery by catcher vessels allowed under
current regulations has resulted in an increased yellowfin sole catch
rate and a shorter fishing season. The North Pacific Fishery Management
Council recently determined that limiting the number of eligible
licenses assigned to catcher vessels in this fishery could stabilize
the fishing season duration, provide better opportunity to increase
production efficiency, and help reduce bycatch of Pacific halibut. This
action modifies the License Limitation Program by establishing
eligibility criteria for licenses assigned to catcher vessels to
participate in this fishery based on historic participation.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 05/18/18 83 FR 23250
NPRM................................ 06/06/18 83 FR 26237
NPRM Comment Period End............. 07/06/18 .......................
Correction.......................... 07/20/18 83 FR 28604
Final Action........................ 10/04/18 83 FR 49994
Final Action Effective.............. 11/05/18 .......................
------------------------------------------------------------------------

50. Atlantic Highly Migratory Species; Atlantic Bluefin Tuna and North
Atlantic Albacore Quotas

E.O. 13771 Designation: Deregulatory.

[[Page 29616]]

Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq.
Abstract: The rule modified the baseline annual U.S. Atlantic
bluefin tuna quota and subquotas, as well as the baseline annual U.S.
North Atlantic albacore (northern albacore) quota. This action is
necessary to implement binding recommendations of the International
Commission for the Conservation of Atlantic Tunas, as required by the
Atlantic Tunas Convention Act, and to achieve domestic management
objectives under the Magnuson-Stevens Fishery Conservation and
Management Act. The rule also implements a minor change to the Atlantic
tunas size limit regulations to address retention, possession, and
landings of tunas damaged by shark bites.
Timetable:

51. Atlantic Highly Migratory Species; Shortfin Mako Shark Management
Measures

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq.
Abstract: Atlantic Highly Migratory Species fisheries are managed
under the dual authority of the Magnuson-Stevens Conservation and
Management Act (Magnuson-Stevens Act) and the Atlantic Tunas Convention
Act, which implements U.S. obligations as member of the International
Commission for the Conservation of Atlantic Tunas. North Atlantic
shortfin mako sharks were recently determined to be overfished and
experiencing overfishing, and the Commission's member countries,
including the United States, adopted management measures in 2017 to
take immediate action to reduce fishing mortality of the stock,
including releasing of live sharks and increasing minimum sizes. This
action for shortfin mako sharks implements the United States'
obligations under those management measures to help prevent overfishing
of the U.S. component of that stock and establish a foundation for a
rebuilding program. Through the rulemaking process, NMFS amended the
2006 Consolidated Highly Migratory Species Fishery Management Plan and
examined management alternatives to address overfishing and establish a
foundation for a rebuilding plan. This rulemaking will likely impact
recreational and commercial fishing vessels that interact with shortfin
mako sharks.
Timetable:

52. Revisions to Regulations for Species With Sideboard Limits That
Cannot Support Directed Fishing by Vessels Subject to Sideboards in the
Bering Sea and Aleutian Islands and Gulf of Alaska

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule implements an action of the Northern Pacific
Fishery Management Council by revising Federal regulations to prohibit
directed fishing for those species with sideboard limits that are not
large enough to support directed fishing by non-exempt American
Fisheries Act vessels in the Bering Sea/Aleutian Islands and Gulf of
Alaska and crab vessels in the Crab Rationalization Program (CR
Program) in the Gulf of Alaska, or for those species that are fully
allocated to other programs (e.g., flathead sole, rock sole, Western
Aleutian Islands Atka mackerel). NMFS would then no longer publish
American Fisheries Act and CR Program sideboard amounts for those
species in the annual harvest specifications. In addition, the action
removes the sideboard limit on American Fisheries Act catcher/
processors for Central Aleutian Islands Atka mackerel because the
sideboard limit under the American Fisheries Act (11.5 percent) is
constrained by the allocation to the trawl limited access sector (10
percent) that was established by the Amendment 80 Program. The primary
benefits of this action are that it would streamline the annual harvest
specifications, reduce the annual costs of preparing and publishing the
annual harvest specifications in the Federal Register, and simplify
NMFS' annual programming changes to the agency's groundfish catch
accounting system. This action would not alter how NMFS actually
manages the relevant sideboard limits, and NMFS would continue to
monitor Bering Sea/Aleutian Islands and Gulf of Alaska groundfish catch
to ensure that each species' total allowable catch limit is not
exceeded. This action would not incur any negative impacts to American
Fisheries Act and crab sideboard limited vessels for the foreseeable
future.
Timetable:

53. 2019-2020 Harvest Specifications and Management Measures for
Pacific Coast Groundfish and Fishery Management Plan

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Every other year, the Pacific Fishery Management Council
(Council) makes recommendations to set biennial allowable harvest
levels for Pacific Coast groundfish, and recommends management measures
for commercial, recreational, and Tribal fisheries that are designed to
achieve those harvest levels

[[Page 29617]]

consistent with the Pacific Coast Groundfish Fishery Management Plan.
For the 2019-2020 biennium, the Council has recommended the following:
Harvest specifications, including overfishing limits, acceptable
biological catches, and annual catch limits; management measures to
achieve those specifications; changes to the yelloweye rockfish
rebuilding plan, which would increase the annual catch limit for this
species for the 2-year biennial management period; and measures to
reduce salmon bycatch in the groundfish fisheries. The specifications
and management measures forwarded by this action are in effect from
January 1, 2019, through December 31, 2020.
Timetable:

54. Regulatory Amendment 28 to the Fishery Management Plan for the
Snapper-Grouper Fishery of the South Atlantic Region

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Recent stock assessments for golden tilefish in the South
Atlantic indicate that the stock is undergoing overfishing but is not
overfished. As mandated by the Magnuson-Stevens Fishery Conservation
and Management Act, NMFS and the South Atlantic Fishery Management
Council must take action to end overfishing of golden tilefish--the
Council by preparing a Fishery Management Plan amendment and NMFS by
developing implementing regulations for the Council's chosen action.
This rulemaking implements the Council's Regulatory Amendment 28 to the
South Atlantic Snapper-Grouper Fishery Management Plan, which modifies
the annual catch limits for golden tilefish to end overfishing in
Federal waters of the South Atlantic. As per the Amendment, this
rulemaking reduces the total annual catch limit, the commercial and
recreational sector annual catch limits, and the quotas for the hook-
and-line and longline components of the commercial sector.
Timetable:

55. Framework Action to the Fishery Management Plan for Reef Fish
Resources of the Gulf of Mexico, Modification of Gulf of Mexico Red
Snapper and Hogfish Annual Catch Limits

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The Gulf of Mexico Fishery Management Council recently
took action to revise the acceptable biological catch and the annual
catch limits for the Gulf of Mexico stocks of red snapper and hogfish.
This action was taken in response to the most recent stock assessments
for these species and the recommendations from the Council's Scientific
and Statistical Committee. The red snapper and hogfish assessments
found the stocks are neither overfished nor undergoing overfishing.
This rulemaking would implement the Council's action by increasing the
acceptable biological catch for red snapper and setting the annual
catch limit to be equal to the acceptable biological catch. The
established allocations would be used to set the commercial and
recreational component annual catch limits, and recreational component
annual catch targets. The acceptable biological catch for hogfish would
decrease and the stock annual catch limit would be set equal to the
acceptable biological catch. There are no allocations or annual catch
targets for Gulf hogfish.
Timetable:

56. Regulatory Amendment To Authorize a Recreational Quota Entity

E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 773 to 773k
Abstract: The action authorizes a recreational quota entity in
International Pacific Halibut Commission Regulatory Areas 2C and 3A in
the Gulf of Alaska to purchase a limited amount of commercial halibut
quota share for use in the charter halibut fishery. The recreational
quota entity would provide a mechanism for a compensated reallocation
of a portion of commercial halibut quota share from the Pacific Halibut
and Sablefish Individual Fishing Quota Program to the charter halibut
fishery in order to promote long-term planning and greater stability in
the charter halibut fishery. Any halibut quota share from Area 2C or
Area 3A purchased by the recreational quota entity would augment the
amount of halibut available for harvest in the charter halibut fishery
in that area. Underlying allocations to the charter and commercial
halibut sectors would not change.
Timetable:

[[Page 29618]]

RIN: 0648-BG57

DEPARTMENT OF COMMERCE (DOC)

Patent and Trademark Office (PTO)

Final Rule Stage

57. Requirement of U.S. Licensed Attorney for Foreign Trademark
Applicants and Registrants

E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 15 U.S.C. 1123; 35 U.S.C. 2
Abstract: The United States Patent and Trademark Office (USPTO)
proposes to amend its rules to require foreign trademark applicants and
registrants to be represented by a U.S. licensed attorney, i.e., an
attorney in good standing of the bar of the highest court of a State in
the U.S. (including the District of Columbia and any Commonwealth or
territory of the U.S.) to file trademark documents with the USPTO. A
requirement that foreigners be represented by a U.S. licensed attorney
will (i) ensure that the USPTO can effectively use available mechanisms
to enforce foreign applicant compliance with statutory and regulatory
requirements in trademark matters; (ii) provide greater confidence to
foreign applicants and the public that registrations that issue to
foreign applicants are not subject to invalidation for reasons such as
improper signatures and use claims; and (iii) aid USPTO efforts to
improve accuracy of the U.S. Trademark Register.
Timetable:

Regulatory Flexibility Analysis Required: No.
Agency Contact: Catherine Cain, Senior Trademark Policy Attorney &
Trademark Manual of Examining Procedure Editor, Department of Commerce,
Patent and Trademark Office, P.O. Box 1451, Alexandria, VA 22314,
Phone: 571 272-8946, Fax: 571 273-8946, Email:
[email protected]
RIN: 0651-AD30

[FR Doc. 2019-12326 Filed 6-21-19; 8:45 am]
BILLING CODE 3510-12-P

[[Page 29619]]

Vol. 84

Monday,

No. 121

June 24, 2019

Part V

Department of Energy

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Unified Agenda

Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

[[Page 29620]]

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DEPARTMENT OF ENERGY

10 CFR Chs. II, III, and X

48 CFR Ch. 9

Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY: Department of Energy.

ACTION: Semi-annual regulatory agenda.

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

SUMMARY: The Department of Energy (DOE) has prepared and is making
available its portion of the semi-annual Unified Agenda of Federal
Regulatory and Deregulatory Actions (Agenda) pursuant to Executive
Order 12866, ``Regulatory Planning and Review,'' and the Regulatory
Flexibility Act.

SUPPLEMENTARY INFORMATION: The Agenda is a government-wide compilation
of upcoming and ongoing regulatory activity, including a brief
description of each rulemaking and a timetable for action. The Agenda
also includes a list of regulatory actions completed since publication
of the last Agenda. The Department of Energy's portion of the Agenda
includes regulatory actions called for by the Energy Policy and
Conservation Act of 1975 and programmatic needs of DOE offices.
The internet is the basic means for disseminating the Agenda and
providing users the ability to obtain information from the Agenda
database. DOE's Spring 2019 Agenda can be accessed online by going to
www.reginfo.gov.
DOE's regulatory flexibility agenda is made up of rulemakings
setting energy efficiency standards and requirements applicable to DOE
sites.

Theodore J. Garrish,
Acting General Counsel.

Energy Efficiency and Renewable Energy--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
58........................ Energy Conservation 1904-AD09
Standards for General
Service Lamps.
59........................ Energy Conservation 1904-AD15
Standards for Residential
Conventional Cooking
Products.
60........................ Energy Conservation 1904-AD20
Standards for Residential
Non-Weatherized Gas
Furnaces and Mobile Home
Gas Furnaces.
------------------------------------------------------------------------

Energy Efficiency and Renewable Energy--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
61........................ Energy Conservation 1904-AD34
Standards for Commercial
Water Heating Equipment.
------------------------------------------------------------------------

Energy Efficiency and Renewable Energy--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
62........................ Energy Conservation 1904-AD01
Standards for Commercial
Packaged Boilers.
63........................ Modifying the Energy 1904-AE11
Conservation Program to
Implement a Market-Based
Approach.
------------------------------------------------------------------------

DEPARTMENT OF ENERGY (DOE)

Energy Efficiency and Renewable Energy (EE)

Proposed Rule Stage

58. Energy Conservation Standards for General Service Lamps

E.O. 13771 Designation: Other.
Legal Authority: 42 U.S.C. 6295(i)(6)(A)
Abstract: The Department will issue a Supplemental Notice of
Proposed Rulemaking that includes a proposed determination with respect
to whether to amend or adopt standards for general service light-
emitting diode (LED) lamps and that may include a proposed
determination with respect to whether to amend or adopt standards for
compact fluorescent lamps. According to the Settlement Agreement
between the National Electrical Manufacturers Association (NEMA) and
the Department (DOE), DOE will use its best efforts to issue the GSL
SNOPR by May 28, 2018.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Framework Document Availability; 12/09/13 78 FR 73737
Notice of Public Meeting.
Framework Document Comment Period 01/23/14 .......................
End.
Framework Document Comment Period 01/23/14 79 FR 3742
Extended.
Framework Document Comment Period 02/07/14 .......................
Extended End.
Preliminary Analysis and Notice of 12/11/14 79 FR 73503
Public Meeting.
Preliminary Analysis Comment Period 01/30/15 80 FR 5052
Extended.
Preliminary Analysis Comment Period 02/23/15 .......................
Extended End.
Notice of Public Meeting; Webinar... 03/15/16 81 FR 13763
NPRM................................ 03/17/16 81 FR 14528
NPRM Comment Period End............. 05/16/16 .......................
Notice of Public Meeting; Webinar... 10/05/16 81 FR 69009
Proposed Definition and Data 10/18/16 81 FR 71794
Availability.
Proposed Definition and Data 11/08/16 .......................
Availability Comment Period End.

[[Page 29621]]

Final Rule Adopting a Definition for 01/19/17 82 FR 7276
GSL.
Final Rule Adopting a Definition for 01/01/20 .......................
GSL Effective.
Final Rule Adopting a Definition for 01/19/17 82 FR 7322
GSL Including IRL.
Final Rule Adopting a Definition for 01/01/20 .......................
GSL Including IRL Effective.
Supplemental NPRM................... 11/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Lucy deButts, Buildings Technologies Office, EE-5B,
Department of Energy, Energy Efficiency and Renewable Energy, 1000
Independence Avenue SW, Washington, DC 20585, Phone: 202 287-1604,
Email: [email protected]
RIN: 1904-AD09

59. Energy Conservation Standards for Residential Conventional Cooking
Products

E.O. 13771 Designation: Regulatory.
Legal Authority: 42 U.S.C. 6295(m)(1); 42 U.S.C. 6292 (a)(10); 42
U.S.C. 6295(h)
Abstract: EPCA, as amended by EISA 2007, requires the Secretary to
determine whether updating the statutory energy conservation standards
for residential conventional cooking products would yield a significant
savings in energy use and is technically feasible and economically
justified. DOE is reviewing to make such determination.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information (RFI)....... 02/12/14 79 FR 8337
RFI Comment Period End.............. 03/14/14 .......................
RFI Comment Period Extended......... 03/03/14 79 FR 11714
RFI Comment Period Extended End..... 04/14/14 .......................
NPRM and Public Meeting............. 06/10/15 80 FR 33030
NPRM Comment Period Extended........ 07/30/15 80 FR 45452
NPRM Comment Period Extended End.... 09/09/15 .......................
Supplemental NPRM................... 09/02/16 81 FR 60784
SNPRM Comment Period Extended....... 09/30/16 81 FR 67219
SNPRM Comment Period Extended End... 11/02/16 .......................
Supplemental NPRM................... 10/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Stephanie Johnson, General Engineer, Department of
Energy, Energy Efficiency and Renewable Energy, 1000 Independence
Avenue SW, Building Technologies Office, EE5B, Washington, DC 20002,
Phone: 202 287-1943, Email: [email protected]
RIN: 1904-AD15

60. Energy Conservation Standards for Residential Non-Weatherized Gas
Furnaces and Mobile Home Gas Furnaces

E.O. 13771 Designation: Regulatory.
Legal Authority: 42 U.S.C. 6295(f)(4)(C); 42 U.S.C. 6295(m)(1); 42
U.S.C. 6295(gg)(3)
Abstract: The Energy Policy and Conservation Act of 1975 (EPCA), as
amended, prescribes energy conservation standards for various consumer
products and certain commercial and industrial equipment, including
residential furnaces. EPCA also requires the DOE to determine whether
more stringent amended standards would be technologically feasible and
economically justified and would save a significant amount of energy.
DOE is considering amendments to its energy conservation standards for
residential non-weatherized gas furnaces and mobile home gas furnaces
in partial fulfillment of a court-ordered remand of DOE's 2011
rulemaking for these products.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Public Meeting............ 10/30/14 79 FR 64517
NPRM and Notice of Public Meeting... 03/12/15 80 FR 13120
NPRM Comment Period Extended........ 05/20/15 80 FR 28851
NPRM Comment Period Extended End.... 07/10/15 .......................
Notice of Data Availability (NODA).. 09/14/15 80 FR 55038
NODA Comment Period End............. 10/14/15 .......................
NODA Comment Period Reopened........ 10/23/15 80 FR 64370
NODA Comment Period Reopened End.... 11/06/15 .......................
Supplemental NPRM and Notice of 09/23/16 81 FR 65720
Public Meeting.
Supplemental NPRM Comment Period End 11/22/16 .......................
SNPRM Comment Period Reopened....... 12/05/16 81 FR 87493
SNPRM Comment Period End............ 01/06/17 .......................
Supplemental NPRM................... 12/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John Cymbalsky, Building Technologies Office, EE-
5B, Department of Energy, Energy Efficiency and Renewable Energy, 1000
Independence Avenue SW, Washington, DC 20585, Phone: 202 287-1692,
Email: [email protected]
RIN: 1904-AD20

DEPARTMENT OF ENERGY (DOE)

Energy Efficiency and Renewable Energy (EE)

Final Rule Stage

61. Energy Conservation Standards for Commercial Water Heating
Equipment

E.O. 13771 Designation: Regulatory.
Legal Authority: 42 U.S.C. 6313(a)(6)(C)(i) and (vi)
Abstract: Once completed, this rulemaking will fulfill DOE's
statutory obligation under EPCA to either propose amended energy
conservation standards for commercial water heaters and hot water
supply boilers, or determine that the existing standards do not need to
be amended. (Unfired hot water storage tanks and commercial heat pump
water heaters are being considered in a separate rulemaking.) DOE must
determine whether national standards more stringent than those that are
currently in place would result in a significant additional amount of
energy savings and whether such amended national standards would be
technologically feasible and economically justified.
Timetable:

[[Page 29622]]

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information (RFI)....... 10/21/14 79 FR 62899
RFI Comment Period End.............. 11/20/14 .......................
NPRM................................ 05/31/16 81 FR 34440
NPRM Comment Period End............. 08/01/16 .......................
NPRM Comment Period Reopened........ 08/05/16 81 FR 51812
NPRM Comment Period Reopened End.... 08/30/16 .......................
Notice of Data Availability (NODA).. 12/23/16 81 FR 94234
NODA Comment Period End............. 01/09/17 .......................
Final Action........................ 12/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Catherine Rivest, General Engineer, Department of
Energy, Energy Efficiency and Renewable Energy, 1000 Independence
Avenue SW, Buildings Technologies Office, EE-5B, Washington, DC 20585,
Phone: 202 586-7335, Email: [email protected]
RIN: 1904-AD34

DEPARTMENT OF ENERGY (DOE)

Energy Efficiency and Renewable Energy (EE)

Long-Term Actions

62. Energy Conservation Standards for Commercial Packaged Boilers

E.O. 13771 Designation: Other.
Legal Authority: 42 U.S.C. 6313(a)(6)(C); 42 U.S.C. 6311(11)(B)
Abstract: EPCA, as amended by AEMTCA, requires the Secretary to
determine whether updating the statutory energy conservation standards
for commercial packaged boilers is technically feasible and
economically justified and would save a significant amount of energy.
If justified, the Secretary will issue amended energy conservation
standards for such equipment. DOE last updated the standards for
commercial packaged boilers on July 22, 2009. DOE issued a NOPR
pursuant to the 6-year-look-back requirement on March 24, 2016. Under
EPCA, DOE has two years to issue a final rule after publication of the
NOPR.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Proposed Determination 08/13/13 78 FR 49202
(NOPD).
NOPD Comment Period End............. 09/12/13 .......................
Notice of Public Meeting and 09/03/13 78 FR 54197
Framework Document Availability.
Framework Document Comment Period 10/18/13 .......................
End.
Notice of Public Meeting and 11/20/14 79 FR 69066
Preliminary Analysis.
Preliminary Analysis Comment Period 01/20/15 .......................
End.
Withdrawal of NOPD.................. 08/25/15 80 FR 51487
NPRM................................ 03/24/16 81 FR 15836
NPRM Comment Period Extended........ 05/04/16 81 FR 26747
NPRM Comment Period Extended End.... 06/22/16 .......................
Next Action Undetermined............ .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Catherine Rivest, Phone: 202 586-7335, Email:
[email protected]
RIN: 1904-AD01

63. Modifying the Energy Conservation Program To Implement a Market-
Based Approach

E.O. 13771 Designation: Deregulatory.
Legal Authority: 42 U.S.C. 6291
Abstract: The U.S. Department of Energy (DOE) is evaluating the
potential use of some form of a market-based approach such as an
averaging, trading, fee-base or other type of market-based policy
mechanism for the U.S. Appliance and Equipment Energy Conservation
Standards (ECS) program.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information (RFI)....... 11/28/17 82 FR 56181
RFI Comment Period Extended......... 02/23/18 83 FR 8016
RFI Comment Period Extended End..... 03/26/18 .......................
Next Action Undetermined............ .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John Cymbalsky, Phone: 202 287-1692, Email:
[email protected]
RIN: 1904-AE11

[FR Doc. 2019-12327 Filed 6-21-19; 8:45 am]
BILLING CODE 6450-01-P

[[Page 29623]]

Vol. 84

Monday,

No. 121

June 24, 2019

Part VI

Department of Health and Human Services

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Unified Agenda

Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

[[Page 29624]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

21 CFR Ch. I

25 CFR Ch. V

42 CFR Chs. I-V

45 CFR Subtitle A; Subtitle B, Chs. II, III, and XIII

Regulatory Agenda

AGENCY: Office of the Secretary, HHS.

ACTION: Semiannual Regulatory Agenda.

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

SUMMARY: The Regulatory Flexibility Act of 1980 and Executive Order
(E.O.) 12866 require the semiannual issuance of an inventory of
rulemaking actions under development throughout the Department,
offering for public review summarized information about forthcoming
regulatory actions.

FOR FURTHER INFORMATION CONTACT: Ann C. Agnew, Executive Secretary,
Department of Health and Human Services, 200 Independence Avenue SW,
Washington, DC 20201; (202) 690-5627.

SUPPLEMENTARY INFORMATION: The Department of Health and Human Services
(HHS) is the Federal government's lead agency for protecting the health
of all Americans and providing essential human services, especially for
those who are least able to help themselves. HHS enhances the health
and well-being of Americans by promoting effective health and human
services and by fostering sound, sustained advances in the sciences
underlying medicine, public health, and social services.
This Agenda presents the regulatory activities that the Department
expects to undertake in the foreseeable future to advance this mission.
HHS has an agency-wide effort to support the Agenda's purpose of
encouraging more effective public participation in the regulatory
process. For example, to encourage public participation, we regularly
update our regulatory web page (https://www.HHS.gov/regulations) which
includes links to HHS rules currently open for public comment, and also
provides a ``regulations toolkit'' with background information on
regulations, the commenting process, how public comments influence the
development of a rule, and how the public can provide effective
comments. HHS also actively encourages meaningful public participation
in its retrospective review of regulations, through a comment form on
the HHS retrospective review web page (https://www.HHS.gov/
RetrospectiveReview).
The rulemaking abstracts included in this paper issue of the
Federal Register cover, as required by the Regulatory Flexibility Act
of 1980, those prospective HHS rulemakings likely to have a significant
economic impact on a substantial number of small entities. The
Department's complete Regulatory Agenda is accessible online at https://
www.RegInfo.gov.

Ann C. Agnew,
Executive Secretary to the Department.

Office for Civil Rights--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
64........................ Nondiscrimination in 0945-AA11
Health Programs or
Activities.
------------------------------------------------------------------------

Office of the National Coordinator for Health Information Technology--
Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
65........................ 21st Century Cures Act: 0955-AA01
Interoperability,
Information Blocking, and
the ONC Health IT
Certification Program.
------------------------------------------------------------------------

Food and Drug Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
66........................ Over-the-Counter (OTC) 0910-AF31
Drug Review--Cough/Cold
(Antihistamine) Products.
67........................ Sunscreen Drug Products 0910-AF43
For Over-The-Counter-
Human Use; Tentative
Final Monograph.
68........................ Mammography Quality 0910-AH04
Standards Act; Amendments
to Part 900 Regulations.
69........................ Medication Guides; Patient 0910-AH68
Medication Information.
70........................ Nutrient Content Claims, 0910-AI13
Definition of Term:
Healthy.
71........................ Revocation of Uses of 0910-AI15
Partially Hydrogenated
Oils in Foods.
72........................ Required Warnings for 0910-AI39
Cigarette Packages and
Advertisements.
------------------------------------------------------------------------

Food and Drug Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
73........................ Postmarketing Safety 0910-AA97
Reporting Requirements
for Human Drug and
Biological Products.
74........................ Food Labeling; Gluten-Free 0910-AH00
Labeling of Fermented,
Hydrolyzed, or Distilled
Foods.
75........................ Topical Antimicrobial Drug 0910-AH97
Products for Over-the-
Counter Human Use: Final
Monograph for Consumer
Antiseptic Rub Products.
76........................ Milk and Cream Product and 0910-AI40
Yogurt Products, Final
Rule to Revoke the
Standards for Lowfat
Yogurt and Nonfat and to
Amend the Standard for
Yogurt.
------------------------------------------------------------------------

[[Page 29625]]

Food and Drug Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
77........................ Over-the-Counter (OTC) 0910-AF35
Drug Review--External
Analgesic Products.
78........................ Over-the-Counter (OTC) 0910-AF36
Drug Review--Internal
Analgesic Products.
79........................ Over-the-Counter (OTC) 0910-AF38
Drug Review--Laxative
Drug Products.
80........................ Over-the-Counter (OTC) 0910-AF45
Drug Review--Weight
Control Products.
81........................ Over-the-Counter (OTC) 0910-AG12
Drug Review--Pediatric
Dosing for Cough/Cold
Products.
82........................ Electronic Distribution of 0910-AG18
Prescribing Information
for Human Prescription
Drugs Including
Biological Products.
83........................ Sunlamp Products; 0910-AG30
Amendment to the
Performance Standard.
84........................ General and Plastic 0910-AH14
Surgery Devices: Sunlamp
Products.
85........................ Combinations of 0910-AH16
Bronchodilators With
Expectorants; Cold,
Cough, Allergy,
Bronchodilator, and
Antiasthmatic Drug
Products for Over-the-
Counter Human Use.
86........................ Acute Nicotine Toxicity 0910-AH24
Warnings for E-Liquids.
87........................ Testing Standards for 0910-AH90
Batteries and Battery
Management Systems in
Electronic Nicotine
Delivery Systems.
88........................ Administration Detention 0910-AI05
of Tobacco Products.
------------------------------------------------------------------------

Food and Drug Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
89........................ Label Requirement for Food 0910-AF61
That Has Been Refused
Admission Into the United
States.
90........................ Laser Products; Amendment 0910-AF87
to Performance Standard.
------------------------------------------------------------------------

Centers for Medicare & Medicaid Services--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
91........................ Requirements for Long-Term 0938-AT36
Care Facilities:
Regulatory Provisions to
Promote Program
Efficiency, Transparency,
and Burden Reduction (CMS-
3347-P) (Section 610
Review).
92........................ CY 2020 Revisions to 0938-AT72
Payment Policies Under
the Physician Fee
Schedule and Other
Revisions to Medicare
Part B (CMS-1715-P)
(Section 610 Review).
93........................ Hospital Inpatient 0938-AT73
Prospective Payment
Systems for Acute Care
Hospitals; the Long-Term
Care Hospital Prospective
Payment System; and FY
2020 Rates (CMS-1716-F)
(Section 610 Review).
94........................ CY 2020 Hospital 0938-AT74
Outpatient PPS Policy
Changes and Payment Rates
and Ambulatory Surgical
Center Payment System
Policy Changes and
Payment Rates (CMS-1717-
P) (Section 610 Review).
------------------------------------------------------------------------

Centers for Medicare & Medicaid Services--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
95........................ Hospital and Critical 0938-AS21
Access Hospital (CAH)
Changes to Promote
Innovation, Flexibility,
and Improvement in
Patient Care (CMS-3295-F)
(Rulemaking Resulting
From a Section 610
Review).
------------------------------------------------------------------------

Centers for Medicare & Medicaid Services--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
96........................ Durable Medical Equipment 0938-AT21
Fee Schedule, Adjustments
to Resume the
Transitional 50/50
Blended Rates to Provide
Relief in Non-Competitive
Bidding Areas (CMS-1687-
F) (Section 610 Review).
------------------------------------------------------------------------

Centers for Medicare & Medicaid Services--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
97........................ CY 2019 Changes to the End- 0938-AT28
Stage Renal Disease
(ESRD) Prospective
Payment System, Quality
Incentive Program,
Durable Medical
Equipment, Prosthetics,
Orthotics, and Supplies
(DMEPOS) (CMS-1691-F)
(Completion of a Section
610 Review).
98........................ CY 2019 Home Health 0938-AT29
Prospective Payment
System Rate Update and CY
2020 Case-Mix Adjustment
Methodology Refinements;
Value-Based Purchasing
Model; Quality Reporting
Requirements (CMS-1689-
FC) (Completion of a
Section 610 Review).

[[Page 29626]]

99........................ CY 2019 Hospital 0938-AT30
Outpatient PPS Policy
Changes and Payment Rates
and Ambulatory Surgical
Center Payment System
Policy Changes and
Payment Rates (CMS-1695-
FC) (Completion of a
Section 610 Review).
100....................... CY 2019 Revisions to 0938-AT31
Payment Policies Under
the Physician Fee
Schedule and Other
Revisions to Medicare
Part B and the Quality
Payment Program (CMS-1693-
F) (Completion of a
Section 610 Review).
------------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)

Office for Civil Rights (OCR)

Proposed Rule Stage

64. Nondiscrimination in Health Programs or Activities

E.O. 13771 Designation: Deregulatory.
Legal Authority: Sec. 1557 of the Patient Protection and Affordable
Care Act (42 U.S.C. 18116)
Abstract: This proposed rule implements section 1557 of the Patient
Protection and Affordable Care Act (PPACA), which prohibits
discrimination on the basis of race, color, national origin, sex, age,
and disability under any health program or activity, any part of which
is receiving Federal financial assistance, including credits,
subsidies, or contracts of insurance, or under any program or activity
that is administered by an Executive Agency or any entity established
under Title l of the PPACA.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Luben Montoya, Section Chief, Civil Rights
Division, Department of Health and Human Services, Office for Civil
Rights, 200 Independence Avenue SW, Washington, DC 20201, Phone: 202
774-3041, TDD Phone: 800 537-7697, Email: [email protected]
RIN: 0945-AA11

DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)

Office of the National Coordinator for Health Information Technology
(ONC)

Proposed Rule Stage

65. 21st Century Cures Act: Interoperability, Information Blocking, and
the ONC Health IT Certification Program

E.O. 13771 Designation: Regulatory.
Legal Authority: Pub. L. 114-255
Abstract: The rulemaking would implement certain provisions of the
21st Century Cures Act, including conditions and maintenance of
certification requirements for health information technology (IT)
developers under the ONC Health IT Certification Program (Program), the
voluntary certification of health IT for use by pediatric healthcare
providers and reasonable and necessary activities that do not
constitute information blocking. The rulemaking would also modify the
2015 Edition health IT certification criteria and Program in additional
ways to advance interoperability, enhance health IT certification, and
reduce burden and costs.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Lipinski, Director, Regulatory Affairs
Division, Department of Health and Human Services, Office of the
National Coordinator for Health Information Technology, Mary E. Switzer
Building, 330 C Street SW, Washington, DC 20201, Phone: 202 690-7151.
RIN: 0955-AA01

DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)

Food and Drug Administration (FDA)

Proposed Rule Stage

66. Over-the-Counter (OTC) Drug Review--Cough/Cold (Antihistamine)
Products

E.O. 13771 Designation: Deregulatory.
Legal Authority: 21 U.S.C. 321p; 21 U.S.C. 331; 21 U.S.C. 351 to
353; 21 U.S.C. 355; 21 U.S.C. 360; 21 U.S.C. 371
Abstract: FDA will be proposing a rule to add the common cold
indication to certain over-the-counter (OTC) antihistamine active
ingredients on a pilot basis. This proposed rule is the result of
collaboration under the U.S.-Canada Regulatory Cooperation Council as
part of efforts to reduce unnecessary duplication and differences. This
pilot exercise will help determine the feasibility of developing an
ongoing mechanism for alignment in review and adoption of OTC drug
monograph elements.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Reopening of Administrative Record.. 08/25/00 65 FR 51780
Comment Period End.................. 11/24/00
NPRM (Amendment) (Common Cold)...... 06/00/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Janice Adams-King, Regulatory Health Project
Manager, Department of Health and Human Services, Food and Drug
Administration, Center for Drug Evaluation and Research, WO 22, Room
5416, 10903 New Hampshire Avenue, Silver Spring, MD 20993, Phone: 301
796-3713, Fax: 301 796-9899, Email: [email protected]
RIN: 0910-AF31

67. Sunscreen Drug Products for Over-the-Counter-Human Use; Tentative
Final Monograph

E.O. 13771 Designation: Regulatory.
Legal Authority: 21 U.S.C. 321p; 21 U.S.C. 331; 21 U.S.C. 351 to
353; 21 U.S.C. 355; 21 U.S.C. 360; 21 U.S.C. 371
Abstract: The proposed rule will address the general recognition of
safety and effectiveness (GRASE) status of the 16 sunscreen monograph
ingredients and describe data gaps that FDA believes need to be filled
in order for FDA to permit the continued marketing

[[Page 29627]]

of these ingredients without submitting new drug applications for
premarket review. Consistent with the Sunscreen Innovation Act, we also
expect to address sunscreen dosage forms and maximum SPF values.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM (Sunscreen and Insect 02/22/07 72 FR 7941
Repellent).
ANPRM Comment Period End............ 05/23/07 .......................
NPRM (UVA/UVB)...................... 08/27/07 72 FR 49070
NPRM Comment Period End............. 12/26/07 .......................
Final Action (UVA/UVB).............. 06/17/11 76 FR 35620
NPRM (Effectiveness)................ 06/17/11 76 FR 35672
NPRM (Effectiveness) Comment Period 09/15/11 .......................
End.
ANPRM (Dosage Forms)................ 06/17/11 76 FR 35669
ANPRM (Dosage Forms) Comment Period 09/15/11 .......................
End.
NPRM................................ 02/26/19 84 FR 6204
NPRM Comment Period End............. 05/28/19 .......................
Final Action........................ 11/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kristen Hardin, Department of Health and Human
Services, Food and Drug Administration, Center for Drug Evaluation and
Research, 10903 New Hampshire Avenue, WO 22, Room 5491, Silver Spring,
MD 20993, Phone: 240 402-4246, Fax: 301 796-9841, Email:
[email protected]
RIN: 0910-AF43

68. Mammography Quality Standards Act; Amendments to Part 900
Regulations

E.O. 13771 Designation: Regulatory.
Legal Authority: 21 U.S.C. 360i; 21 U.S.C. 360nn; 21 U.S.C. 374(e);
42 U.S.C. 263b
Abstract: FDA is proposing to amend its regulations governing
mammography. The amendments would update the regulations issued under
the Mammography Quality Standards Act of 1992 (MQSA). FDA is taking
this action to address changes in mammography technology and
mammography processes that have occurred since the regulations were
published in 1997 and to address breast density reporting to patient
and health care providers.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Erica Payne, Regulatory Counsel, Department of
Health and Human Services, Food and Drug Administration, Center for
Devices and Radiological Health, 10903 New Hampshire Avenue, WO 66,
Room 5522, Silver Spring, MD 20993, Phone: 301 796-3999, Fax: 301 847-
8145, Email: [email protected]
RIN: 0910-AH04

69. Medication Guides; Patient Medication Information

E.O. 13771 Designation: Regulatory.
Legal Authority: 21 U.S.C. 321 et seq.; 42 U.S.C. 262; 42 U.S.C.
264; 21 U.S.C. 371
Abstract: The proposed rule would amend FDA medication guide
regulations to require a new form of patient labeling, Patient
Medication Information, for submission to and review by the FDA for
human prescription drug products and certain blood products used,
dispensed, or administered on an outpatient basis. The proposed rule
would include requirements for Patient Medication Information
development and distribution. The proposed rule would require clear and
concisely written prescription drug product information presented in a
consistent and easily understood format to help patients use their
prescription drug products safely and effectively.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Chris Wheeler, Supervisory Project Manager,
Department of Health and Human Services, Food and Drug Administration,
10903 New Hampshire Avenue, Building 51, Room 3330, Silver Spring, MD
20993, Phone: 301 796-0151, Email: [email protected]
RIN: 0910-AH68

70. Nutrient Content Claims, Definition of Term: Healthy

E.O. 13771 Designation: Regulatory.
Legal Authority: 21 U.S.C. 321; 21 U.S.C. 331; 21 U.S.C. 343; 21
U.S.C. 371
Abstract: The proposed rule would update the definition for the
implied nutrient content claim ``healthy'' to be consistent with
current nutrition science and federal dietary guidelines. The proposed
rule would revise the requirements for when the claim ``healthy'' can
be voluntarily used in the labeling of human food products so that the
claim reflects current science and dietary guidelines and help
consumers maintain healthy dietary practices.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Vincent De Jesus, Nutritionist, Department of
Health and Human Services, Food and Drug Administration, Center for
Food Safety and Applied Nutrition, (HFS-830), Room 3D-031, 5100 Paint
Branch Parkway, College Park, MD 20740, Phone: 240 402-1774, Fax: 301
436-1191, Email: [email protected]
RIN: 0910-AI13

71. Revocation of Uses of Partially Hydrogenated Oils in Foods

E.O. 13771 Designation: Regulatory.
Legal Authority: 21 U.S.C. 321; 21 U.S.C. 341; 21 U.S.C. 343; 21
U.S.C. 348; 21 U.S.C. 371; 21 U.S.C. 379(e)
Abstract: In the Federal Register of June 17, 2015 (80 FR 34650),
we published a declaratory order announcing our final determination
that there is no longer a consensus among qualified experts that
partially hydrogenated oils (PHOs) are generally recognized as safe
(GRAS) for any use in human food. In the Federal Register of May 21,
2018 (83 FR 23382), we denied a food additive petition requesting that
the food additive regulations be amended to provide for the safe use of
PHOs in certain food applications. We are now proposing to update our
regulations to remove all mention of partially hydrogenated oils and to
revoke all prior sanctioned uses. This rulemaking implements FDA's
findings that the available data demonstrate that PHOs used in food may
cause the food to be unsafe.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ellen Anderson, Consumer Safety Officer, Department
of Health and Human Services, Food and Drug Administration, HFS-265,
4300

[[Page 29628]]

River Road, College Park, MD 20740, Phone: 240 402-1309, Email:
[email protected]
RIN: 0910-AI15

72. Required Warnings for Cigarette Packages and
Advertisements

E.O. 13771 Designation: Regulatory.
Legal Authority: 15 U.S.C. 1333; 21 U.S.C. 371; 21 U.S.C. 387c; 21
U.S.C. 387i; Secs 201 and 202, Pub. L. 111-31, 123 Stat. 1776; . . .
Abstract: This rule would require color graphics depicting the
negative health consequences of smoking to accompany textual warning
statements on cigarette packages and in cigarette advertisements. As
directed by Congress in the Tobacco Control Act, which amends the
Federal Cigarette Labeling and Advertising Act, the rule would require
these new cigarette health warnings to occupy the top 50 percent of the
area of the front and rear panels of cigarette packages and at least 20
percent of the area of cigarette advertisements. The original rule FDA
issued in 2011 was vacated by the U.S. Court of Appeals for the
District of Columbia Circuit in August 2012 (R.J. Reynolds Tobacco Co.
v. United States Food & Drug Admin., 696 F.3d 1205 D.C. Cir. 2012).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Courtney Smith, Senior Regulatory Counsel,
Department of Health and Human Services, Food and Drug Administration,
Center for Tobacco Products, Document Control Center, Building 71, Room
G335, 10903 New Hampshire Avenue, Silver Spring, MD 20993, Phone: 301
796-3894, Fax: 301 595-1426, Email: [email protected]
RIN: 0910-AI39

DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)

Food and Drug Administration (FDA)

Final Rule Stage

73. Postmarketing Safety Reporting Requirements for Human Drug and
Biological Products

E.O. 13771 Designation: Regulatory.
Legal Authority: 42 U.S.C. 216; 42 U.S.C. 241; 42 U.S.C. 242a; 42
U.S.C. 262 and 263; 42 U.S.C. 263a to 263n; 42 U.S.C. 264; 42 U.S.C.
300aa; 21 U.S.C. 321; 21 U.S.C. 331; 21 U.S.C. 351 to 353; 21 U.S.C.
355; 21 U.S.C. 360; 21 U.S.C. 360b to 360j; 21 U.S.C. 361a; 21 U.S.C.
371; 21 U.S.C. 374; 21 U.S.C. 375; 21 U.S.C. 379e; 21 U.S.C. 381
Abstract: The final rule would amend the postmarketing safety
reporting regulations for human drugs and biological products including
blood and blood products in order to better align FDA requirements with
guidelines of the International Council on Harmonisation of Technical
Requirements for Registration of Pharmaceuticals for Human Use (ICH);
and to update reporting requirements in light of current
pharmacovigilance practice and safety information sources and enhance
the quality of safety reports received by FDA. These revisions were
proposed as part of a single rulemaking (68 FR 12406) to clarify and
revise both premarketing and postmarketing safety reporting
requirements for human drug and biological products. Premarketing
safety reporting requirements were finalized in a separate final rule
published on September 29, 2010 (75 FR 59961).
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jane E. Baluss, Regulatory Counsel, Department of
Health and Human Services, Food and Drug Administration, Center for
Drug Evaluation and Research, WO 51, Room 6278, 10903 New Hampshire
Avenue, Silver Spring, MD 20993-0002, Phone: 301 796-3469, Fax: 301
847-8440, Email: [email protected]
RIN: 0910-AA97

74. Food Labeling; Gluten-Free Labeling of Fermented, Hydrolyzed, or
Distilled Foods

E.O. 13771 Designation: Regulatory.
Legal Authority: Sec. 206 of the Food Allergen Labeling and
Consumer Protection Act; 21 U.S.C. 343(a)(1); 21 U.S.C. 321(n); 21
U.S.C. 371(a)
Abstract: This final rule would establish requirements concerning
``gluten-free'' labeling for foods that are fermented or hydrolyzed or
that contain fermented or hydrolyzed ingredients. These additional
requirements for the ``gluten-free'' labeling rule are needed to help
ensure that individuals with celiac disease are not misled and receive
truthful and accurate information with respect to fermented or
hydrolyzed foods labeled as ``gluten-free.''
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Carol D'Lima, Staff Fellow, Department of Health
and Human Services, Food and Drug Administration, Center for Food
Safety and Applied Nutrition, Room 4D022, HFS 820, 5001 Campus Drive,
College Park, MD 20740, Phone: 240 402-2371, Fax: 301 436-2636, Email:
[email protected]
RIN: 0910-AH00

75. Topical Antimicrobial Drug Products for Over-the-Counter Human Use:
Final Monograph for Consumer Antiseptic Rub Products

E.O. 13771 Designation: Regulatory.
Legal Authority: 21 U.S.C. 321; 21 U.S.C. 331; 21 U.S.C. 351 to
353; 21 U.S.C. 355; 21 U.S.C. 360 and 361; 21 U.S.C. 371; 21 U.S.C. 374
and 375; 21 U.S.C. 379; 42 U.S.C. 216; 42 U.S.C. 241 and 242; 42 U.S.C.
262
Abstract: This final rule amends the 1994 tentative final monograph
(TFM) for over-the-counter (OTC) antiseptic drug products that
published in the Federal Register of June 17, 1994, (the 1994 TFM). The
final rule is part of the ongoing review of OTC drug products conducted
by FDA. In this final rule, we address whether certain active
ingredients used in OTC consumer antiseptic products intended for use
without water (referred to as consumer antiseptic rubs) are for
evaluation under the OTC Drug Review for use in consumer antiseptic rub
products.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 05/00/19
------------------------------------------------------------------------

[[Page 29629]]

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Anita Kumar, Biologist, Department of Health and
Human Services, Food and Drug Administration, Center for Drug
Evaluation and Research, 10903 New Hampshire Avenue, Building 22, Room
5445, Silver Spring, MD 20993, Phone: 301 796-1032, Email:
[email protected]
RIN: 0910-AH97

76. Milk and Cream Product and Yogurt Products, Final Rule To
Revoke the Standards for Lowfat Yogurt and Nonfat and To Amend the
Standard for Yogurt

E.O. 13771 Designation: Deregulatory.
Legal Authority: 21 U.S.C. 321; 21 U.S.C. 336; 21 U.S.C. 341; 21
U.S.C. 343; 21 U.S.C. 348; 21 U.S.C. 371(e); 21 U.S.C. 379e
Abstract: This final rule amends the standard for yogurt and
revokes the standards for lowfat and nonfat yogurt. It modernizes the
standard to allow for technological advances, to preserve the basic
nature and essential characteristics of yogurt, and to promote honesty
and fair dealing in the interest of consumers.
Section, 701(e)(1), of the Federal Food, Drug, and Cosmetic Act
identifies that specific decisions such as the definitions and
standards of identity for dairy products are to be promulgated under
formal rulemaking provisions of 5 U.S.C. 556 and 557. Section 3(d) of
Executive Order 12866 defines regulation to exclude regulations or
rules issued in accordance with the formal rulemaking provisions of 5
U.S.C. 556 and 557; accordingly, this final rule is not subject to the
requirements of Executive Order 12866. Notwithstanding this exclusion,
and our standard practice not to include formal rulemaking in the
Unified Agenda, we have decided to include this particular rule in the
Unified Agenda in order to highlight our de-regulatory work in this
space.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Terri Wenger, Food Technologist, Department of
Health and Human Services, Food and Drug Administration, Center for
Food Safety and Applied Nutrition, 5001 Campus Drive, College Park, MD
20740, Phone: 240 402-2371, Email: [email protected]
RIN: 0910-AI40

DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)

Food and Drug Administration (FDA)

Long-Term Actions

77. Over-the-Counter (OTC) Drug Review--External Analgesic Products

E.O. 13771 Designation: Regulatory.
Legal Authority: 21 U.S.C. 321p; 21 U.S.C. 331; 21 U.S.C. 351 to
353; 21 U.S.C. 355; 21 U.S.C. 360; 21 U.S.C. 371
Abstract: The OTC drug review establishes conditions under which
OTC drugs are considered generally recognized as safe and effective and
not misbranded. After a final monograph (i.e., final rule) is issued,
only OTC drugs meeting the conditions of the monograph, or having an
approved new drug application, may be legally marketed. The final
action addresses the 2003 proposed rule on patches, plasters, and
poultices. The proposed rule will address issues not addressed in
previous rulemakings.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ To Be Determined
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Janice Adams-King, Regulatory Project Manager,
Department of Health and Human Services, Food and Drug Administration,
Center for Drug Evaluation and Research, WO 22, Room 5416, 10903 New
Hampshire Avenue, Silver Spring, MD 20993, Phone: 301 796-3713, Email:
[email protected]
RIN: 0910-AF35

78. Over-the-Counter (OTC) Drug Review--Internal Analgesic Products

E.O. 13771 Designation: Regulatory.
Legal Authority: 21 U.S.C. 321p; 21 U.S.C. 331; 21 U.S.C. 351 to
353; 21 U.S.C. 355; 21 U.S.C. 360; 21 U.S.C. 371; 21 U.S.C. 374; 21
U.S.C. 379e
Abstract: The OTC drug review establishes conditions under which
OTC drugs are considered generally recognized as safe and effective,
and not misbranded. After a final monograph (i.e., final rule) is
issued, only OTC drugs meeting the conditions of the monograph, or
having an approved new drug application, may be legally marketed. The
first action addresses acetaminophen safety. The second action
addresses products marketed for children under 2 years old and weight-
and age-based dosing for children's products.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM (Amendment) (Required Warnings 12/26/06 71 FR 77314
and Other Labeling).
NPRM Comment Period End............. 05/25/07
Final Action (Required Warnings and 04/29/09 74 FR 19385
Other Labeling).
Final Action (Correction)........... 06/30/09 74 FR 31177
Final Action (Technical Amendment).. 11/25/09 74 FR 61512
-----------------------------------
NPRM (Amendment) (Acetaminophen).... To Be Determined
------------------------------------------------------------------------

79. Over-the-Counter (OTC) Drug Review--Laxative Drug Products

E.O. 13771 Designation: Regulatory.
Legal Authority: 21 U.S.C. 321; 21 U.S.C. 331; 21 U.S.C. 351 to
353; 21 U.S.C. 355; 21 U.S.C. 371
Abstract: The OTC drug review establishes conditions under which
OTC drugs are considered generally recognized as safe and effective,
and not misbranded. After a final monograph (i.e., final rule) is
issued, only OTC drugs meeting the conditions of the monograph, or
having an approved new drug application, may be legally marketed. The
final rule listed will address the professional labeling for sodium
phosphate drug products.
Timetable:

[[Page 29630]]

NPRM (Professional Labeling--Sodium 02/11/11 76 FR 7743
Phosphate).
NPRM Comment Period End............. 03/14/11
-----------------------------------
Final Rule.......................... To Be Determined
------------------------------------------------------------------------

80. Over-the-Counter (OTC) Drug Review--Weight Control Products

E.O. 13771 Designation: Regulatory.
Legal Authority: 21 U.S.C. 321p; 21 U.S.C. 331; 21 U.S.C. 351 to
353; 21 U.S.C. 355; 21 U.S.C. 360; 21 U.S.C. 371
Abstract: The OTC drug review establishes conditions under which
OTC drugs are considered generally recognized as safe and effective and
not misbranded. After a final monograph (i.e., final rule) is issued,
only OTC drugs meeting the conditions of the monograph, or having an
approved new drug application, may be legally marketed. The final
action finalizes the 2005 proposed rule for weight control products
containing phenylpropanolamine.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM (Phenylpropanolamine).......... 12/22/05 70 FR 75988
NPRM Comment Period End............. 03/22/06
NPRM (Benzocaine)................... 03/09/11 76 FR 12916
NPRM Comment Period End............. 06/07/11
-----------------------------------
Final Action (Phenylpropanolamine).. To Be Determined
------------------------------------------------------------------------

81. Over-the-Counter (OTC) Drug Review--Pediatric Dosing for Cough/Cold
Products

E.O. 13771 Designation: Regulatory.
Legal Authority: 21 U.S.C. 331; 21 U.S.C. 351 to 353; 21 U.S.C.
355; 21 U.S.C. 360; 21 U.S.C. 371
Abstract: The OTC drug review establishes conditions under which
OTC drugs are considered generally recognized as safe and effective,
and not misbranded. After a final monograph (i.e., final rule) is
issued, only OTC drugs meeting the conditions of the monograph, or
having an approved new drug application, may be legally marketed. This
action will propose changes to the final monograph to address safety
and efficacy issues associated with pediatric cough and cold products.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ To Be Determined
------------------------------------------------------------------------

82. Electronic Distribution of Prescribing Information for Human
Prescription Drugs Including Biological Products

E.O. 13771 Designation: Other.
Legal Authority: 21 U.S.C. 321; 21 U.S.C. 331; 21 U.S.C. 351 to
353; 21 U.S.C. 355; 21 U.S.C. 358; 21 U.S.C. 360; 21 U.S.C. 360b; 21
U.S.C. 360gg to 360ss; 21 U.S.C. 371; 21 U.S.C. 374; 21 U.S.C. 379e; 42
U.S.C. 216; 42 U.S.C. 241; 42 U.S.C. 262; 42 U.S.C. 264
Abstract: This rule would require electronic package inserts for
human drug and biological prescription products with limited
exceptions, in lieu of paper, which is currently used. These inserts
contain prescribing information intended for healthcare practitioners.
This would ensure that the information accompanying the product is the
most up-to-date information regarding important safety and efficacy
issues about these products.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Bernstein, Supervisory Regulatory Counsel,
Department of Health and Human Services, Food and Drug Administration,
Center for Drug Evaluation and Research, WO 51, Room 6240, 10903 New
Hampshire Avenue, Silver Spring, MD 20993-0002, Phone: 301 796-3478,
Email: [email protected]
RIN: 0910-AG18

83. Sunlamp Products; Amendment to the Performance Standard

E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 21 U.S.C. 360ii; 21 U.S.C. 360kk; 21 U.S.C. 393;
21 U.S.C. 371
Abstract: FDA is updating the performance standard for sunlamp
products to improve safety, reflect new scientific information, and
work towards harmonization with international standards. By harmonizing
with the International Electrotechnical Commission, this rule will
decrease the regulatory burden on industry and allow the Agency to take
advantage of the expertise of the international committees, thereby
also saving resources.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ian Ostermiller, Regulatory Counsel, Center for
Devices and Radiological Health, Department of Health and Human
Services, Food and Drug Administration, 10903 New Hampshire Avenue, WO
66, Room 5454, Silver Spring, MD 20993, Phone: 301 796-5678, Email:
[email protected]
RIN: 0910-AG30

[[Page 29631]]

84. General and Plastic Surgery Devices: Sunlamp Products

E.O. 13771 Designation: Regulatory.
Legal Authority: 21 U.S.C. 360j(e)
Abstract: This rule would apply device restrictions to sunlamp
products. Sunlamp products include ultraviolet (UV) lamps and UV
tanning beds and booths. The incidence of skin cancer, including
melanoma, has been increasing, and a large number of skin cancer cases
are attributable to the use of sunlamp products. The devices may cause
about 400,000 cases of skin cancer per year, and 6,000 of which are
melanoma. Beginning use of sunlamp products at young ages, as well as
frequently using sunlamp products, both increases the risk of
developing skin cancers and other illnesses, and sustaining other
injuries. Even infrequent use, particularly at younger ages, can
significantly increase these risks.This rule would apply device
restrictions to sunlamp products.
Timetable:

85. Combinations of Bronchodilators With Expectorants; Cold, Cough,
Allergy, Bronchodilator, and Antiasthmatic Drug Products for Over-the-
Counter Human Use

E.O. 13771 Designation: Regulatory.
Legal Authority: 21 U.S.C. 321p; 21 U.S.C. 331; 21 U.S.C. 351 to
353; 21 U.S.C. 355; 21 U.S.C. 360; 21 U.S.C. 371
Abstract: The OTC drug review establishes conditions under which
OTC drugs are considered generally recognized as safe and effective,
and not misbranded. After a final monograph (i.e., final rule) is
issued, only OTC drugs meeting the conditions of the monograph, or
having an approved new drug application, may be legally marketed. These
actions address cough/cold drug products containing an oral
bronchodilator (ephedrine and its salts) in combination with any
expectorant.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM (Amendment).................... 07/13/05 70 FR 40232
NPRM Comment Period End............. 11/10/05
Final Action (Technical Amendment).. 03/19/07 72 FR 12730
-----------------------------------
Final Rule.......................... To Be Determined
------------------------------------------------------------------------

86. Acute Nicotine Toxicity Warnings for E-Liquids

E.O. 13771 Designation: Regulatory.
Legal Authority: 21 U.S.C. 301 et seq.; 21 U.S.C. 331; 21 U.S.C.
371; 21 U.S.C. 374; 21 U.S.C. 387
Abstract: This rule would establish nicotine exposure warning
requirements for liquid nicotine and nicotine-containing e-liquid(s)
that are made or derived from tobacco and intended for human
consumption, and potentially for other tobacco products including, but
not limited to, novel tobacco products such as dissolvables, lotions,
gels, and drinks. This action is intended to protect users and non-
users from accidental exposures to nicotine-containing e-liquids in
tobacco products.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/00/21
------------------------------------------------------------------------

87. Testing Standards for Batteries and Battery Management Systems in
Electronic Nicotine Delivery Systems

E.O. 13771 Designation: Regulatory.
Legal Authority: 21 U.S.C. 301 et. seq.; 21 U.S.C. 371; 21 U.S.C.
387(b); 21 U.S.C. 387(g); 21 U.S.C. 387i
Abstract: This rule would propose to establish a product standard
to require testing standards for batteries used in electronic nicotine
delivery systems (ENDS) and require design protections including a
battery management system for ENDS using batteries and protective
housing for replaceable batteries. This product standard would protect
the safety of users of battery-powered tobacco products and will help
to streamline the FDA premarket review process, ultimately reducing the
burden on both manufacturers and the Agency. The proposed rule would be
applicable to tobacco products that include a non-user replaceable
battery as well as products that include a user replaceable battery.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/20
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Darin Achilles, Regulatory Counsel, Department of
Health and Human Services, Food and Drug Administration, Center for
Tobacco Products, 10903 New Hampshire Avenue, Document Control Center,
Building 71, Room G335, Silver Spring, MD 20993, Phone: 877 287-1373,
Fax: 301 595-1426, Email: [email protected]
RIN: 0910-AH90

88. Administration Detention of Tobacco Products

E.O. 13771 Designation: Other.
Legal Authority: 21 U.S.C. 334; 21 U.S.C. 371
Abstract: The Food and Drug Administration (FDA) is proposing
regulations to establish requirements for the administrative detention
of tobacco products. This action, if finalized, would allow FDA to
administratively detain tobacco products encountered during inspections
that an officer or employee conducting the inspection has reason to
believe are adulterated or misbranded. The intent of administrative
detention is to protect public health by preventing the distribution or
use of violative tobacco products until FDA has had time to consider
the appropriate action to take and, where appropriate, to initiate a
regulatory action.

[[Page 29632]]

Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/20
------------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)

Food and Drug Administration (FDA)

Completed Actions

89. Label Requirement for Food That Has Been Refused Admission Into the
United States

E.O. 13771 Designation: Deregulatory.
Legal Authority: 15 U.S.C. 1453 to 1455; 21 U.S.C. 321; 21 U.S.C.
342 and 343; 21 U.S.C. 371; 21 U.S.C. 374; 21 U.S.C. 381; 42 U.S.C.
216; 42 U.S.C. 264
Abstract: On September 18, 2008, FDA issued a proposed rule that
would have required owners or consignees to label imported food that
was refused entry into the United States. FDA does not plan to finalize
the rule.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
NPRM; Withdrawal.................... 09/28/18 83 FR 49022
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Anthony C. Taube, Phone: 240 420-4565, Fax: 703
261-8625, Email: [email protected]
RIN: 0910-AF61

90. Laser Products; Amendment to Performance Standard

E.O. 13771 Designation: Deregulatory.
Legal Authority: 21 U.S.C. 360hh to 360ss; 21 U.S.C. 371; 21 U.S.C.
393
Abstract: On June 24, 2013, FDA issued a proposed rule that would
have amended the performance standard for laser products to achieve
closer harmonization between the current standard and the amended
International Electrotechnical Commission (IEC) standard for laser
products and medical laser products. FDA does not plan to finalize the
2013 proposal.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
NPRM; Withdrawal.................... 11/01/18 83 FR 54891
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Erica Payne, Phone: 301 796-3999, Fax: 301 847-
8145, Email: [email protected]
RIN: 0910-AF87

DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)

Centers for Medicare & Medicaid Services (CMS)

Proposed Rule Stage

91. Requirements for Long-Term Care Facilities: Regulatory Provisions
To Promote Program Efficiency, Transparency, and Burden Reduction (CMS-
3347-P) (Section 610 Review)

E.O. 13771 Designation: Deregulatory.
Legal Authority: Secs.1819 and 1919 of the Social Security Act;
sec.1819(d)(4)(B) and 1919(d)(4)(B) of the Social Security Act; sec.
1819(b)(1)(A) and 1919 (b)(1)(A) of the Social Security Act
Abstract: This proposed rule would reform the requirements that
long-term care facilities must meet to participate in the Medicare and
Medicaid programs, that CMS has identified as unnecessary, obsolete, or
excessively burdensome on facilities. This rule would increase the
ability of healthcare professionals to devote resources to improving
resident care by eliminating or reducing requirements that impede
quality care or that divert resources away from providing high quality
care.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ronisha Blackstone, Health Insurance Specialist,
Department of Health and Human Services, Centers for Medicare &
Medicaid Services, Center for Clinical Standards and Quality, MS: S3-
02-01, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 410 786-
6882, Email: [email protected]
RIN: 0938-AT36

92. CY 2020 Revisions to Payment Policies Under the Physician Fee
Schedule and Other Revisions to Medicare Part B (CMS-1715-P) (Section
610 Review)

E.O. 13771 Designation: Other.
Legal Authority: 42 U.S.C. 1302; 42 U.S.C. 1395hh
Abstract: This annual proposed rule would revise payment polices
under the Medicare physician fee schedule, and make other policy
changes to payment under Medicare Part B. These changes would apply to
services furnished beginning January 1, 2020. Additionally, this rule
proposes updates to the Quality Payment Program.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Marge Watchorn, Deputy Director, Division of
Practitioner Services, Department of Health and Human Services, Centers
for Medicare & Medicaid Services, Center for Medicare, MS: C4-01-15,
7500 Security Boulevard, Baltimore, MD 21244, Phone: 410 786-4361,
Email: [email protected]
RIN: 0938-AT72

93. Hospital Inpatient Prospective Payment Systems for Acute Care
Hospitals; the Long-Term Care Hospital Prospective Payment System; and
FY 2020 Rates (CMS-1716-F) (Section 610 Review)

E.O. 13771 Designation: Other.
Legal Authority: 42 U.S.C. 1302; 42 U.S.C. 1395hh
Abstract: This annual final rule revises the Medicare hospital
inpatient and long-term care hospital prospective payment systems for
operating and capital-related costs. This rule would implements changes
arising from our continuing experience with these systems. In addition,
the rule establishes new requirements or revises existing requirements
for quality reporting by specific Medicare providers.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donald Thompson, Director, Division of Acute Care,

[[Page 29633]]

Department of Health and Human Services, Centers for Medicare &
Medicaid Services, Center for Medicare, MS: C4-08-06, 7500 Security
Boulevard, Baltimore, MD 21244, Phone: 410 786-6504, Email:
[email protected]
RIN: 0938-AT73

94. CY 2020 Hospital Outpatient PPS Policy Changes and Payment Rates
and Ambulatory Surgical Center Payment System Policy Changes and
Payment Rates (CMS-1717-P) (Section 610 Review)

E.O. 13771 Designation: Other.
Legal Authority: 42 U.S.C. 1302; 42 U.S.C. 1395hh
Abstract: This annual proposed rule would revise the Medicare
hospital outpatient prospective payment system to implement statutory
requirements and changes arising from our continuing experience with
this system. The proposed rule describes changes to the amounts and
factors used to determine payment rates for services. In addition, the
rule proposes changes to the ambulatory surgical center payment system
list of services and rates. This proposed rule would also update and
refine the requirements for the Hospital Outpatient Quality Reporting
(OQR) Program and the ASC Quality Reporting (ASCQR) Program.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Elise Barringer, Health Insurance Specialist,
Department of Health and Human Services, Centers for Medicare &
Medicaid Services, Center for Medicare, MS: C4-03-06, 7500 Security
Blvd., Baltimore, MD 21244, Phone: 410 786-9222, Email:
[email protected]
RIN: 0938-AT74

DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)

Centers for Medicare & Medicaid Services (CMS)

Final Rule Stage

95. Hospital and Critical Access Hospital (CAH) Changes To Promote
Innovation, Flexibility, and Improvement in Patient Care (CMS-3295-F)
(Rulemaking Resulting From a Section 610 Review)

E.O. 13771 Designation: Regulatory.
Legal Authority: 42 U.S.C. 1302; 42 U.S.C. 1395hh and 1395rr
Abstract: This final rule updates the requirements that hospitals
and critical access hospitals (CAHs) must meet to participate in the
Medicare and Medicaid programs. These final requirements are intended
to conform the requirements to current standards of practice and
support improvements in quality of care, reduce barriers to care, and
reduce some issues that may exacerbate workforce shortage concerns.
Timetable:

Regulatory Flexibility Analysis Required: No.
Agency Contact: CAPT Scott Cooper, Senior Technical Advisor,
Department of Health and Human Services, Centers for Medicare &
Medicaid Services, Center for Clinical Standards and Quality, Mail Stop
S3-01-02, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 410 786-
9465, Email: [email protected]
RIN: 0938-AS21

DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)

Centers for Medicare & Medicaid Services (CMS)

Long-Term Actions

96. Durable Medical Equipment Fee Schedule, Adjustments To Resume the
Transitional 50/50 Blended Rates To Provide Relief in Non-Competitive
Bidding Areas (CMS-1687-F) (Section 610 Review)

E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 42 U.S.C. 1302, 1395hh, and 1395rr(b)(l)); Pub. L.
114-255, sec. 5004(b), 16007(a) and 16008
Abstract: This final rule follows the interim final rule that
published May 11, 2018, and extended the end of the transition period
from June 30, 2016, to December 31, 2016 for phasing in adjustments to
the fee schedule amounts for certain durable medical equipment (DME)
and enteral nutrition paid in areas not subject to the Durable Medical
Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Competitive
Bidding Program (CBP). In addition, the interim rule amended the
regulation to resume the transition period for items furnished from
August 1, 2017, through December 31, 2018. The interim rule also made
technical amendments to existing regulations for DMEPOS items and
services to exclude infusion drugs used with DME from the DMEPOS CBP.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 05/11/18 83 FR 21912
Interim Final Rule Comment Period 07/09/18 .......................
End.
Final Action........................ 05/00/21 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alexander Ullman, Health Insurance Specialist,
Department of Health and Human Services, Centers for Medicare &
Medicaid Services, Center for Medicare, MS: C5-07-26, 7500 Security
Boulevard, Baltimore, MD 21244, Phone: 410 786-9671, Email:
[email protected]
RIN: 0938-AT21

DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)

Centers for Medicare & Medicaid Services (CMS)

Completed Actions

97. CY 2019 Changes to the End-Stage Renal Disease (ESRD) Prospective
Payment System, Quality Incentive Program, Durable Medical Equipment,
Prosthetics, Orthotics, and Supplies (DMEPOS) (CMS-1691-F) (Completion
of a Section 610 Review)

E.O. 13771 Designation: Regulatory.
Legal Authority: 42 U.S.C. 1302; 42 U.S.C. 1395d(d); 42 U.S.C.
1395f(b); 42 U.S.C 1395g
Abstract: This annual final rule updates the bundled payment system
for ESRD facilities by January 1, 2019. The rule also updates the
quality incentives in the ESRD program and implements changes to the
DMEPOS competitive bidding program.
Timetable:

Regulatory Flexibility Analysis Required: Yes.

[[Page 29634]]

Agency Contact: Janae James, Health Insurance Specialist,
Department of Health and Human Services, Centers for Medicare &
Medicaid Services, Center for Medicare, MS: C5-05-27, 7500 Security
Boulevard, Baltimore, MD 21244, Phone: 410 786-0801, Email:
[email protected]
RIN: 0938-AT28

98. CY 2019 Home Health Prospective Payment System Rate Update and CY
2020 Case-Mix Adjustment Methodology Refinements; Value-Based
Purchasing Model; Quality Reporting Requirements (CMS-1689-FC)
(Completion of a Section 610 Review)

E.O. 13771 Designation: Deregulatory.
Legal Authority: 42 U.S.C. 1302; 42 U.S.C. 1315a; 42 U.S.C.
1395(hh)
Abstract: This annual final rule updates the payment rates under
the Medicare prospective payment system for home health agencies. In
addition, this rule finalizes changes to the Home Health Value-Based
Purchasing (HHVBP) Model and to the Home Health Quality Reporting
Program (HH QRP).
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Hillary Loeffler, Director, Division of Home Health
and Hospice, Department of Health and Human Services, Centers for
Medicare & Medicaid Services, Center for Medicare, MS: C5-08-28, 7500
Security Boulevard, Baltimore, MD 21244, Phone: 410 786-0456, Email:
[email protected]
RIN: 0938-AT29

99. CY 2019 Hospital Outpatient PPS Policy Changes and Payment Rates
and Ambulatory Surgical Center Payment System Policy Changes and
Payment Rates (CMS-1695-FC) (Completion of a Section 610 Review)

E.O. 13771 Designation: Deregulatory.
Legal Authority: 42 U.S.C. 1302; 42 U.S.C. 1395hh
Abstract: This annual final rule revises the Medicare hospital
outpatient prospective payment system to implement statutory
requirements and changes arising from our continuing experience with
this system. The rule describes changes to the amounts and factors used
to determine payment rates for services. In addition, the rule
finalizes changes to the ambulatory surgical center payment system list
of services and rates. This rule updates and refines the requirements
for the Hospital Outpatient Quality Reporting (OQR) Program and the ASC
Quality Reporting (ASCQR) Program.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Marjorie Baldo, Health Insurance Specialist,
Department of Health and Human Services, Centers for Medicare &
Medicaid Services, Center for Medicare, MS: C4-03-06, 7500 Security
Boulevard, Baltimore, MD 21244, Phone: 410 786-4617, Email:
[email protected]
RIN: 0938-AT30

100. CY 2019 Revisions to Payment Policies Under the Physician Fee
Schedule and Other Revisions to Medicare Part B and the Quality Payment
Program (CMS-1693-F) (Completion of a Section 610 Review)

E.O. 13771 Designation: Deregulatory.
Legal Authority: 42 U.S.C. 1302; 42 U.S.C. 1395hh
Abstract: This annual final rule revises payment polices under the
Medicare physician fee schedule, and makes other policy changes to
payment under Medicare Part B. These changes apply to services
furnished beginning January 1, 2019. Additionally, this rule updates
the Quality Payment Program.
Timetable:

[FR Doc. 2019-12004 Filed 6-21-19; 8:45 am]
BILLING CODE 4150-03-P

[[Page 29635]]

Vol. 84

Monday,

No. 121

June 24, 2019

Part VII

Department of Homeland Security

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

Office of the Secretary

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

Unified Agenda

Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

[[Page 29636]]

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

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Chs. I and II

[DHS Docket No. OGC-RP-04-001]

Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY: Office of the Secretary, DHS.

ACTION: Semiannual regulatory agenda.

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

SUMMARY: This regulatory agenda is a semiannual summary of projected
regulations, existing regulations, and completed actions of the
Department of Homeland Security (DHS) and its components. This agenda
provides the public with information about DHS's regulatory and
deregulatory activity. DHS expects that this information will enable
the public to be more aware of, and effectively participate in, the
Department's regulatory and deregulatory activity. DHS invites the
public to submit comments on any aspect of this agenda.

FOR FURTHER INFORMATION CONTACT:

General

Please direct general comments and inquiries on the agenda to the
Regulatory Affairs Law Division, Office of the General Counsel, U.S.
Department of Homeland Security, 245 Murray Lane, Mail Stop 0485,
Washington, DC 20528-0485.

Specific

Please direct specific comments and inquiries on individual actions
identified in this agenda to the individual listed in the summary
portion as the point of contact for that action.

SUPPLEMENTARY INFORMATION: DHS provides this notice pursuant to the
requirements of the Regulatory Flexibility Act (Pub. L. 96-354, Sept.
19, 1980) and Executive Order 12866 ``Regulatory Planning and Review''
(Sept. 30, 1993) as incorporated in Executive Order 13563 ``Improving
Regulation and Regulatory Review'' (Jan. 18, 2011) and Executive Order
13771 ``Reducing Regulation and Controlling Regulatory Costs'' (Jan.
30, 2017), which require the Department to publish a semiannual agenda
of regulations. The regulatory agenda is a summary of existing and
projected regulations as well as actions completed since the
publication of the last regulatory agenda for the Department. DHS's
last semiannual regulatory agenda was published on November 16, 2018,
at 83 FR 58031.
Beginning in fall 2007, the internet became the basic means for
disseminating the Unified Agenda. The complete Unified Agenda is
available online at www.reginfo.gov.
The Regulatory Flexibility Act (5 U.S.C. 602) requires Federal
agencies to publish their regulatory flexibility agendas in the Federal
Register. A regulatory flexibility agenda shall contain, among other
things, a brief description of the subject area of any rule which is
likely to have a significant economic impact on a substantial number of
small entities. DHS's printed agenda entries include regulatory actions
that are in the Department's regulatory flexibility agenda. Printing of
these entries is limited to fields that contain information required by
the agenda provisions of the Regulatory Flexibility Act. Additional
information on these entries is available in the Unified Agenda
published on the internet.
The semiannual agenda of the Department conforms to the Unified
Agenda format developed by the Regulatory Information Service Center.

Dated: March 6, 2019.
Christina E. McDonald,
Associate General Counsel for Regulatory Affairs.

Office of the Secretary--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
101....................... Homeland Security 1601-AA72
Acquisition Regulation,
Enhancement of
Whistleblower Protections
for Contractor Employees.
------------------------------------------------------------------------

Office of the Secretary--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
102....................... Homeland Security 1601-AA76
Acquisition Regulation:
Safeguarding of
Controlled Unclassified
Sensitive Information
(HSAR Case 2015-001).
103....................... Homeland Security 1601-AA78
Acquisition Regulation:
Information Technology
Security Awareness
Training (HSAR Case 2015-
002).
104....................... Homeland Security 1601-AA79
Acquisition Regulation:
Privacy Training (HSAR
Case 2015-003).
------------------------------------------------------------------------

Office of the Secretary--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
105....................... Ammonium Nitrate Security 1601-AA52
Program.
106....................... Chemical Facility Anti- 1601-AA69
Terrorism Standards
(CFATS).
------------------------------------------------------------------------

U.S. Citizenship and Immigration Services--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
107....................... Requirements for Filing 1615-AB98
Motions and
Administrative Appeals.
108....................... EB-5 Immigrant Investor 1615-AC11
Regional Center Program.

[[Page 29637]]

109....................... Removing H-4 Dependent 1615-AC15
Spouses From the Classes
of Aliens Eligible for
Employment Authorization.
110....................... U.S. Citizenship and 1615-AC18
Immigration Services Fee
Schedule.
111....................... Electronic Processing of 1615-AC20
Immigration Benefit
Requests.
------------------------------------------------------------------------

U.S. Citizenship and Immigration Services--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
112....................... Inadmissibility on Public 1615-AA22
Charge Grounds.
113....................... EB-5 Immigrant Investor 1615-AC07
Program Modernization.
------------------------------------------------------------------------

U.S. Citizenship and Immigration Services--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
114....................... Registration Requirement 1615-AB71
for Petitioners Seeking
To File H-1B Petitions on
Behalf of Cap Subject
Aliens.
------------------------------------------------------------------------

U.S. Coast Guard--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
115....................... Financial Responsibility-- 1625-AC39
Vessels; Superseded
Pollution Funds (USCG-
2017-0788).
------------------------------------------------------------------------

U.S. Coast Guard--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
116....................... Commercial Fishing 1625-AB85
Vessels--Implementation
of 2010 and 2012
Legislation.
------------------------------------------------------------------------

U.S. Coast Guard--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
117....................... Seafarers' Access to 1625-AC15
Maritime Facilities.
------------------------------------------------------------------------

U.S. Customs and Border Protection--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
118....................... Importer Security Filing 1651-AA70
and Additional Carrier
Requirements (Section 610
Review).
119....................... Implementation of the Guam- 1651-AA77
CNMI Visa Waiver Program
(Section 610 Review).
------------------------------------------------------------------------

Transportation Security Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
120....................... Security Training for 1652-AA55
Surface Transportation
Employees.
------------------------------------------------------------------------

U.S. Immigration and Customs Enforcement--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
121....................... Visa Security Program Fee. 1653-AA77
------------------------------------------------------------------------

[[Page 29638]]

U.S. Immigration and Customs Enforcement--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
122....................... Procedures and Standards 1653-AA67
for Declining Surety
Immigration Bonds and
Administrative Appeal
Requirement for Breaches.
123....................... Adjusting Program Fees for 1653-AA74
the Student and Exchange
Visitor Program.
124....................... Apprehension, Processing, 1653-AA75
Care and Custody of Alien
Minors and Unaccompanied
Alien Children.
------------------------------------------------------------------------

Cybersecurity and Infrastructure Security Agency--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
125....................... Ammonium Nitrate Security 1670-AA00
Program.
------------------------------------------------------------------------

Cybersecurity and Infrastructure Security Agency--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
126....................... Chemical Facility Anti- 1670-AA01
Terrorism Standards
(CFATS).
------------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY (DHS)

Office of the Secretary (OS)

Proposed Rule Stage

101. Homeland Security Acquisition Regulation, Enhancement of
Whistleblower Protections for Contractor Employees

E.O. 13771 Designation: Other.
Legal Authority: Sec. 827 of the National Defense Authorization Act
(NDAA) for Fiscal Year 2013, (Pub. L. 112-239, enacted January 2,
2013); 41 U.S.C. 1302(a)(2); 41 U.S.C. 1707
Abstract: The Department of Homeland Security (DHS) is proposing to
amend its Homeland Security Acquisition Regulation (HSAR) parts 3003
and 3052 to implement section 827 of the National Defense Authorization
Act (NDAA) for Fiscal Year (FY) 2013 (Pub. L. 112-239, enacted January
2, 2013) for the United States Coast Guard (USCG). Section 827 of the
NDAA for FY 2013 established enhancements to the Whistleblower
Protections for Contractor Employees for all agencies subject to
section 2409 of title 10, United States Code, which includes the USCG.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/00/20 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Nancy Harvey, Policy Analyst, Department of
Homeland Security, Office of the Chief Procurement Officer, Room 3636-
15, 301 7th Street SW, Washington, DC 20528, Phone: 202 447-0956,
Email: [email protected]
RIN: 1601-AA72

DEPARTMENT OF HOMELAND SECURITY (DHS)

Office of the Secretary (OS)

Final Rule Stage

102. Homeland Security Acquisition Regulation: Safeguarding of
Controlled Unclassified Sensitive Information (HSAR Case 2015-001)

E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 5 U.S.C. 301 to 302; 41 U.S.C. 1302; 41 U.S.C.
1303; 41 U.S.C. 1707
Abstract: This Homeland Security Acquisition Regulation (HSAR) rule
would implement security and privacy measures to ensure Controlled
Unclassified Information (CUI), such as Personally Identifiable
Information (PII), is adequately safeguarded by DHS contractors.
Specifically, the rule would define key terms, outline security
requirements and inspection provisions for contractor information
technology (IT) systems that store, process or transmit CUI, institute
incident notification and response procedures, and identify post-
incident credit monitoring requirements.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/19/17 82 FR 6429
NPRM Comment Period End............. 03/20/17 .......................
NPRM Comment Period Extended........ 03/20/17 82 FR 14341
NPRM Comment Period Extended End.... 04/19/17 .......................
Final Rule.......................... 12/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Shaundra Duggans, Procurement Analyst, Department
of Homeland Security, Office of the Chief Procurement Officer,
Acquisition Policy and Legislation, 245 Murray Lane SW, Washington, DC
20528, Phone: 202 447-0056, Email: [email protected]
Nancy Harvey, Policy Analyst, Department of Homeland Security,
Office of the Chief Procurement Officer, Room 3636-15, 301 7th Street
SW, Washington, DC 20528, Phone: 202 447-0956, Email:
[email protected]
RIN: 1601-AA76

103. Homeland Security Acquisition Regulation: Information Technology
Security Awareness Training (HSAR Case 2015-002)

E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 5 U.S.C. 301 and 302; 41 U.S.C. 1707; 41 U.S.C.
1302 and 1303
Abstract: This Homeland Security Acquisition Regulation (HSAR) rule
would standardize information technology security awareness training
and DHS Rules of Behavior requirements for contractor and subcontractor
employees who access DHS information systems and information resources
or contractor-

[[Page 29639]]

owned and/or operated information systems and information resources
capable of collecting, processing, storing, or transmitting controlled
unclassified information (CUI).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/19/17 82 FR 6446
NPRM Comment Period End............. 03/20/17 .......................
NPRM Comment Period Extended........ 03/20/17 82 FR 14341
NPRM Comment Period Extended End.... 04/19/17 .......................
Final Rule.......................... 12/00/19 .......................
------------------------------------------------------------------------

104. Homeland Security Acquisition Regulation: Privacy Training (HSAR
Case 2015-003)

E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 5 U.S.C. 301 and 302; 41 U.S.C. 1707; 41 U.S.C.
1702; 41 U.S.C. 1303
Abstract: This Homeland Security Acquisition Regulation (HSAR) rule
would require contractors to complete training that addresses the
protection of privacy, in accordance with the Privacy Act of 1974, and
the handling and safeguarding of Personally Identifiable Information
and Sensitive Personally Identifiable Information.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/19/17 82 FR 6425
NPRM Comment Period End............. 03/20/17 .......................
NPRM Comment Period Extended........ 03/20/17 82 FR 14341
NPRM Comment Period Extended End.... 04/19/17 .......................
Final Rule.......................... 12/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Candace Lightfoot, Procurement Analyst, Department
of Homeland Security, Office of the Chief Procurement Officer,
Acquisition Policy and Legislation, Room 3636-15, 301 7th Street SW,
Washington, DC 20528, Phone: 202 447-0082, Email:
[email protected]
Nancy Harvey, Policy Analyst, Department of Homeland Security,
Office of the Chief Procurement Officer, Room 3636-15, 301 7th Street
SW, Washington, DC 20528, Phone: 202 447-0956, Email:
[email protected]
RIN: 1601-AA79

DEPARTMENT OF HOMELAND SECURITY (DHS)

Office of the Secretary (OS)

Completed Actions

105. Ammonium Nitrate Security Program

E.O. 13771 Designation: Other.
Legal Authority: 6 U.S.C. 488 et seq.
Abstract: This rulemaking will implement the December 2007
amendment to the Homeland Security Act entitled ``Secure Handling of
Ammonium Nitrate.'' The amendment requires the Department of Homeland
Security to ``regulate the sale and transfer of ammonium nitrate by an
ammonium nitrate facility . . . to prevent the misappropriation or use
of ammonium nitrate in an act of terrorism.'' DHS intends to publish a
notice announcing the availability of a redacted version of a technical
report developed by Sandia National Laboratories titled Ammonium
Nitrate Security Program Technical Assessment.'' The report documents
Sandia National Laboratories' technical research, testing, and findings
related to the feasibility of weaponizing commercially available
products containing ammonium nitrate. DHS intends to use this notice to
solicit comments on the report and its application to the proposed
Ammonium Nitrate Security Program rulemaking.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon MacLaren, Group Leader, Strategic Policy and
Rulemaking, Department of Homeland Security, National Protection and
Programs Directorate, Infrastructure Security Compliance Division
(NPPD/ISCD), 245 Murray Lane SW, Mail Stop 0610, Arlington, VA 20528-
0610, Phone: 703 235-5263, Fax: 703 603-4935, Email:
[email protected]
RIN: 1601-AA52

106. Chemical Facility Anti-Terrorism Standards (CFATS)

E.O. 13771 Designation: Other.
Legal Authority: 6 U.S.C. 621 to 629
Abstract: The Department of Homeland Security (DHS) previously
invited public comment on an advance notice of proposed rulemaking
(ANPRM) for potential revisions to the Chemical Facility Anti-Terrorism
Standards (CFATS) regulations. The ANPRM provided an opportunity for
the public to provide recommendations for possible program changes. DHS
is reviewing the public comments received in response to the ANPRM,
after which DHS intends to publish a Notice of Proposed Rulemaking.
Timetable:

[[Page 29640]]

DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. Citizenship and Immigration Services (USCIS)

Proposed Rule Stage

107. Requirements for Filing Motions and Administrative Appeals

E.O. 13771 Designation: Other.
Legal Authority: 5 U.S.C. 552 and 552a; 8 U.S.C. 1101; 8 U.S.C.
1103; 8 U.S.C. 1304; 6 U.S.C. 112
Abstract: This rule proposes to revise the requirements and
procedures for the filing of motions and appeals before the Department
of Homeland Security (DHS), U.S. Citizenship and Immigration Services
(USCIS), and its Administrative Appeals Office (AAO). The proposed
changes are intended to streamline the existing processes for filing
motions and appeals and will reduce delays in the review and appellate
process. This rule also proposes additional changes necessitated by the
establishment of DHS and its components. The proposed changes are
intended to promote simplicity, accessibility, and efficiency in the
administration of USCIS appeals and motions. The Department also
solicits public comment on proposed changes to the AAO's appellate
jurisdiction.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: William K. Renwick, Jr., Acting Deputy Chief,
Department of Homeland Security, U.S. Citizenship and Immigration
Services, Administrative Appeals Office, 20 Massachusetts Avenue NW,
Washington, DC 20529-2090, Phone: 202 272-8377, Fax: 202 272-1480,
Email: [email protected]v.
RIN: 1615-AB98

108. EB-5 Immigrant Investor Regional Center Program

E.O. 13771 Designation: Other.
Legal Authority: 8 U.S.C. 1153(b)(5); Pub. L. 102-395, secs. 610
and 601(a); Pub. L. 107-273, sec. 11037; Pub. L. 101-649, sec. 121(a);
Pub. L. 105-119, sec. 116; Pub. L. 106-396, sec. 402; Pub. L. 108-156,
sec. 4; Pub. L. 112-176, sec. 1; Pub. L. 114-113, sec. 575; Pub. L.
114-53, sec. 131; Pub. L. 107-273
Abstract: The Department of Homeland Security (DHS) is considering
making regulatory changes to the EB-5 Immigrant Investor Regional
Center Program. DHS issued an Advance Notice of Proposed Rulemaking
(ANPRM) to seek comment from all interested stakeholders on several
topics, including: (1) The process for initially designating entities
as regional centers, (2) a potential requirement for regional centers
to utilize an exemplar filing process, (3) continued participation
requirements for maintaining regional center designation, and (4) the
process for terminating regional center designation. While DHS has
gathered some information related to these topics, the ANPRM sought
additional information that can help the Department make operational
and security updates to the Regional Center Program while minimizing
the impact of such changes on regional center operations and EB-5
investors.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brian Hunt, Acting Chief, Business and Foreign
Workers Division, Office of Policy and Strategy, Department of Homeland
Security, U.S. Citizenship and Immigration Services, 20 Massachusetts
Avenue NW, Suite 1200, Washington, DC 20529-2200, Phone: 202 272-8377
Fax: 202 272-1480, Email: [email protected]
RIN: 1615-AC11

109. Removing H-4 Dependent Spouses From the Classes of Aliens Eligible
for Employment Authorization

E.O. 13771 Designation: Other.
Legal Authority: 6 U.S.C. 112; 8 U.S.C. 1103(a); 8 U.S.C.
1184(a)(1); 8 U.S.C. 1324a(H)(3)(B)
Abstract: On February 25, 2015, DHS published a final rule
extending eligibility for employment authorization to certain H-4
dependent spouses of H-1B nonimmigrants who are seeking employment-
based lawful permanent resident (LPR) status. DHS is publishing this
notice of proposed rulemaking to amend that 2015 final rule. DHS is
proposing to remove from its regulations certain H-4 spouses of H-1B
nonimmigrants as a class of aliens eligible for employment
authorization.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brian Hunt, Acting Chief, Business and Foreign
Workers Division, Office of Policy and Strategy, Department of Homeland
Security, U.S. Citizenship and Immigration Services, 20 Massachusetts
Avenue NW, Suite 1200, Washington, DC 20529-2200, Phone: 202 272-8377,
Fax: 202 272-1480, Email: [email protected]
RIN: 1615-AC15

110. U.S. Citizenship and Immigration Services Fee Schedule

E.O. 13771 Designation: Other.
Legal Authority: 8 U.S.C. 1356(m)
Abstract: The Department of Homeland Security (DHS), U.S.
Citizenship and Immigration Services (USCIS) conducted a FY 2019/2020
fee review for its Immigration Examinations Fee Account (IEFA),
pursuant to the requirements of the Chief Financial Officers Act of
1990 (CFO Act), 31 U.S.C. 901-03 and the Immigration and Nationality
Act, section 286(m), 8 U.S.C. 1356(m). The CFO Act requires each
agency's chief financial officer to ``review, on a biennial basis, the
fees, royalties, rents, and other charges imposed by the agency for
services and things of value it provides, and make recommendations on
revising those charges to reflect costs incurred by it in providing
those services and things of value.'' As a result of the FY 2019/2020
IEFA fee review, DHS will propose to adjust USCIS' fee schedule via
notice and comment rulemaking.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kika M. Scott, Deputy Chief Financial Officer,
Department of Homeland Security, U.S. Citizenship and Immigration
Services, Suite 4018, 20 Massachusetts Avenue NW, Washington, DC 20529,
Phone: 202 272-8377, Fax: 202 272-1480, Email:
[email protected]
RIN: 1615-AC18

111. Electronic Processing of Immigration Benefit Requests

E.O. 13771 Designation: Other.
Legal Authority: 6 U.S.C. 112; 8 U.S.C. 1103; 44 U.S.C. 3504
Abstract: The Department of Homeland Security (DHS) will propose
to: (1) Set requirements for online submission for immigration benefit
requests and explain the requirements associated with electronic
processing;

[[Page 29641]]

and (2) make changes to existing regulations to allow end-to-end
digital processing.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Mayhew, Chief of Staff, Immigration Records
and Identity Services Directorate, Department of Homeland Security,
U.S. Citizenship and Immigration Services, 20 Massachusetts Avenue NW,
Washington, DC 20529, Phone: 202 272-8377, Fax: 202 272-1480, Email:
[email protected]
RIN: 1615-AC20

DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. Citizenship and Immigration Services (USCIS)

Final Rule Stage

112. Inadmissibility on Public Charge Grounds

E.O. 13771 Designation: Other.
Legal Authority: 8 U.S.C. 1101 to 1103; 8 U.S.C. 1182 and 1183; . .
.
Abstract: The Department of Homeland Security (DHS) is reviewing
public feedback received on the notice of proposed rulemaking published
on October 10, 2018. After considering public input, DHS will finalize
regulatory provisions guiding the inadmissibility determination on
whether an alien is likely at any time to become a public charge under
8 U.S.C. 1182(a)(4). DHS proposed to add a regulatory provision, which
would define the term public charge and would outline DHS's public
charge considerations.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Mark Phillips, Chief, Residence and Naturalization
Division, Department of Homeland Security, U.S. Citizenship and
Immigration Services, Office of Policy and Strategy, 20 Massachusetts
Avenue NW, Washington, DC 20529, Phone: 202 272-8377, Fax: 202 272-
1480, Email: [email protected]
RIN: 1615-AA22

113. EB-5 Immigrant Investor Program Modernization

E.O. 13771 Designation: Other.
Legal Authority: 8 U.S.C. 1153(b)(5)
Abstract: In January 2017, the Department of Homeland Security
(DHS) proposed to amend its regulations governing the employment-based,
fifth preference (EB-5) immigrant investor classification. In general,
under the EB-5 program, individuals are eligible to apply for lawful
permanent residence in the United States if they make the necessary
investment in a commercial enterprise in the United States and create
or, in certain circumstances, preserve 10 permanent full-time jobs for
qualified U.S. workers. This rule sought public comment on a number of
proposed changes to the EB-5 program regulations. Such proposed changes
included: Raising the minimum investment amount; allowing certain EB-5
petitioners to retain their original priority date; changing the
designation process for targeted employment areas; and other
miscellaneous changes to filing and interview processes.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Edie Pearson, Chief of Policy, Immigrant Investor
Program Office, Department of Homeland Security, U.S. Citizenship and
Immigration Services, 131 M Street NE, Washington, DC 20529-2200,
Phone: 202 272-8377, Fax: 202 272-1480, Email:
[email protected]
RIN: 1615-AC07

DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. Citizenship and Immigration Services (USCIS)

Completed Actions

114. Registration Requirement for Petitioners Seeking to File H-1B
Petitions on Behalf of Cap Subject Aliens

E.O. 13771 Designation: Other.
Legal Authority: 8 U.S.C. 1184(g)
Abstract: The Department of Homeland Security proposes to amend its
regulations governing petitions filed on behalf of H-1B beneficiaries
who may be counted under section 214(g)(1)(A) of the Immigration and
Nationality Act (INA) (``H-1B regular cap'') or under section
214(g)(5)(C) of the INA (``H-1B master's cap''). This rule proposes to
establish an electronic registration program for petitions subject to
numerical limitations for the H-1B nonimmigrant classification. This
action is being considered because the demand for H-1B specialty
occupation workers by U.S. employers has often exceeded the numerical
limitation. This rule is intended to allow U.S. Citizenship and
Immigration Services (USCIS) to more efficiently manage the intake and
selection process for these H-1B petitions. The Department published a
proposed rule on this topic in 2011. The Department intends to publish
an additional proposed rule in 2018. The proposal may include a
modified selection process, as outlined in section 5(b) of Executive
Order 13788, Buy American and Hire American.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brian Hunt, Acting Chief, Business and Foreign
Workers Division, Office of Policy and Strategy, Department of Homeland
Security, U.S. Citizenship and Immigration Services, 20 Massachusetts
Avenue NW, Suite 1200, Washington, DC 20529-2200, Phone: 202 272-8377,
Fax: 202 272-1480, Email: [email protected]
RIN: 1615-AB71

DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. Coast Guard (USCG)

Proposed Rule Stage

115. Financial Responsibility--Vessels; Superseded Pollution Funds
(USCG-2017-0788)

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 33 U.S.C. 2704; 33 U.S.C. 2716 and 2716a; 42
U.S.C. 9607

[[Page 29642]]

to 9609; 6 U.S.C. 552; E.O. 12580; sec. 7(b), 3 CFR, 1987; Comp., p.
193; E.O. 12777, secs. 4 and 5, 3 CFR, 1991 Comp., p. 351, as amended
by E.O. 13286, sec. 89, 3; 3 CFR, 2004 Comp., p. 166, and by E.O.
13638, sec. 1, 3 CFR, 2014 Comp., p. 227; Department of Homeland
Security Delegation Nos. 0170.1 and 5110, Revision 01
Abstract: The Coast Guard proposes to amend its rule on vessel
financial responsibility to include tank vessels greater than 100 gross
tons, to clarify and strengthen the rule's reporting requirements, to
conform its rule to current practice, and to remove two superseded
regulations. This rulemaking will ensure the Coast Guard has current
information when there are significant changes in a vessel's operation,
ownership, or evidence of financial responsibility, and reflect current
best practices in the Coast Guard's management of the Certificate of
Financial Responsibility Program. This rulemaking will also promote the
Coast Guard's missions of maritime stewardship, maritime security, and
maritime safety.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Benjamin White, Project Manager, National Pollution
Funds Center, Department of Homeland Security, U.S. Coast Guard, 2703
Martin Luther King Jr. Avenue SE, STOP 7605, Washington, DC 20593-7605,
Phone: 202 795-6066, Email: [email protected]
RIN: 1625-AC39

DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. Coast Guard (USCG)

Long-Term Actions

116. Commercial Fishing Vessels--Implementation of 2010 and 2012
Legislation

E.O. 13771 Designation: Other.
Legal Authority: Pub. L. 111-281
Abstract: The Coast Guard proposes to implement those requirements
of 2010 and 2012 legislation that pertain to uninspected commercial
fishing industry vessels and that took effect upon enactment of the
legislation but that, to be implemented, require amendments to Coast
Guard regulations affecting those vessels. The applicability of the
regulations is being changed, and new requirements are being added to
safety training, equipment, vessel examinations, vessel safety
standards, the documentation of maintenance, and the termination of
unsafe operations. This rulemaking promotes the Coast Guard's maritime
safety mission.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Joseph Myers, Project Manager, Department of
Homeland Security, U.S. Coast Guard, 2703 Martin Luther King Jr. Avenue
SE, STOP 7501, Washington, DC 20593-7501, Phone: 202 372-1249, Email:
[email protected]
RIN: 1625-AB85

DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. Coast Guard (USCG)

Completed Actions

117. Seafarers' Access to Maritime Facilities

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 33 U.S.C. 1226; 33 U.S.C. 1231; Pub. L. 111-281,
sec. 811
Abstract: This regulatory action will implement section 811 of the
Coast Guard Authorization Act of 2010 (Pub. L. 111-281), which requires
the owner/operator of a facility regulated by the Coast Guard under the
Maritime Transportation Security Act of 2002 (Pub. L. 107-295) (MTSA)
to provide a system that enables seafarers and certain other
individuals to transit between vessels moored at the facility and the
facility gate in a timely manner at no cost to the seafarer or other
individual. Ensuring that such access through a facility is consistent
with the security requirements in MTSA is part of the Coast Guard's
Ports, Waterways, and Coastal Security (PWCS) mission.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: LCDR Yamaris Barril, Project Manager, Department of
Homeland Security, U.S. Coast Guard, 2703 Martin Luther King Jr. Avenue
SE, Commandant (CG-FAC-2) STOP 7501, Washington, DC 20593, Phone: 202
372-1151, Email: [email protected]
RIN: 1625-AC15

DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. Customs and Border Protection (USCBP)

Long-Term Actions

118. Importer Security Filing and Additional Carrier Requirements
(Section 610 Review)

E.O. 13771 Designation: Regulatory.
Legal Authority: Pub. L. 109-347, sec. 203; 5 U.S.C. 301; 19 U.S.C.
66; 19 U.S.C. 1431; 19 U.S.C. 1433 and 1434; 19 U.S.C. 1624; 19 U.S.C.
2071 (note); 46 U.S.C. 60105
Abstract: This final rule implements the provisions of section 203
of the Security and Accountability for Every Port Act of 2006. On
November 25, 2008, Customs and Border Protection (CBP) published an
interim final rule (CBP Dec. 08-46) in the Federal Register (73 FR
71730), that finalized most of the provisions proposed in the Notice of
Proposed Rulemaking. It requires carrier and importers to provide to
CBP, via a CBP approved electronic data interchange system, certain
advance information pertaining to cargo brought into the United States
by vessel to enable CBP to identify high-risk shipments to prevent
smuggling and ensure cargo safety and security. The interim final rule
did not finalize six data elements that were identified as areas of
potential concern for industry during the rulemaking process and, for
which, CBP provided some type of flexibility for compliance with those
data elements. CBP solicited public comment on these six data elements
and also invited comments on the revised Regulatory Assessment and
Final Regulatory Flexibility Analysis. (See 73 FR 71782-85 for
regulatory text and 73

[[Page 29643]]

CFR 71733-34 for general discussion.) The remaining requirements of the
rule were adopted as final.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Craig Clark, Branch Chief, Advance Data Programs
and Cargo Initiatives, Department of Homeland Security, U.S. Customs
and Border Protection, 1300 Pennsylvania Avenue NW, Washington, DC
20229, Phone: 202 344-3052, Email: [email protected]
RIN: 1651-AA70

119. Implementation of the Guam-CNMI Visa Waiver Program (Section 610
Review)

E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: Pub. L. 110-229, sec. 702
Abstract: The interim final rule amends Department of Homeland
Security (DHS) regulations to implement section 702 of the Consolidated
Natural Resources Act of 2008 (CNRA). This law extends the immigration
laws of the United States to the Commonwealth of the Northern Mariana
Islands (CNMI) and provides for a joint visa waiver program for travel
to Guam and the CNMI. This rule implements section 702 of the CNRA by
amending the regulations to replace the current Guam Visa Waiver
Program with a new Guam-CNMI Visa Waiver Program. The amended
regulations set forth the requirements for nonimmigrant visitors who
seek admission for business or pleasure and solely for entry into and
stay on Guam or the CNMI without a visa. This rule also establishes six
ports of entry in the CNMI for purposes of administering and enforcing
the Guam-CNMI Visa Waiver Program. Section 702 of the Consolidated
Natural Resources Act of 2008 (CNRA), subject to a transition period,
extends the immigration laws of the United States to the Commonwealth
of the Northern Mariana Islands (CNMI) and provides for a visa waiver
program for travel to Guam and/or the CNMI. On January 16, 2009, the
Department of Homeland Security (DHS), Customs and Border Protection
(CBP), issued an interim final rule in the Federal Register replacing
the then-existing Guam Visa Waiver Program with the Guam-CNMI Visa
Waiver Program and setting forth the requirements for nonimmigrant
visitors seeking admission into Guam and/or the CNMI under the Guam-
CNMI Visa Waiver Program. As of November 28, 2009, the Guam-CNMI Visa
Waiver Program is operational. This program allows nonimmigrant
visitors from eligible countries to seek admission for business or
pleasure for entry into Guam and/or the CNMI without a visa for a
period of authorized stay not to exceed 45 days. This rulemaking would
finalize the January 2009 interim final rule.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 01/16/09 74 FR 2824
Interim Final Rule Effective........ 01/16/09 .......................
Interim Final Rule Comment Period 03/17/09 .......................
End.
Technical Amendment; Change of 05/28/09 74 FR 25387
Implementation Date.
Final Action........................ 12/00/20 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.
Agency Contact: Cheryl C. Peters, Program Manager, Office of Field
Operations, Department of Homeland Security, U.S. Customs and Border
Protection, 1300 Pennsylvania Avenue NW, 3.3C-12, Washington, DC 20229,
Phone: 202 344-1707, Email: [email protected]
RIN: 1651-AA77

DEPARTMENT OF HOMELAND SECURITY (DHS)

Transportation Security Administration (TSA)

Final Rule Stage

120. Security Training for Surface Transportation Employees

E.O. 13771 Designation: Other.
Legal Authority: 49 U.S.C. 114; Pub. L. 110-53, secs. 1405, 1408,
1501, 1512, 1517, 1531, and 1534
Abstract: The 9/11 Act requires security training for employees of
higher-risk freight railroad carriers, public transportation agencies
(including rail mass transit and bus systems), passenger railroad
carriers, and over-the-road bus (OTRB) companies. This final rule
implements the regulatory mandate. Owner/operators of these higher-risk
railroads, systems, and companies will be required to train employees
performing security-sensitive functions, using a curriculum addressing
preparedness and how to observe, assess, and respond to terrorist-
related threats and/or incidents. As part of this rulemaking, the
Transportation Security Administration (TSA) is expanding its current
requirements for rail security coordinators and reporting of
significant security concerns (currently limited to freight railroads,
passenger railroads, and the rail operations of public transportation
systems) to include the bus components of higher-risk public
transportation systems and higher-risk OTRB companies. TSA is also
adding a definition for Transportation Security-Sensitive Materials
(TSSM). Other provisions are being amended or added, as necessary, to
implement these additional requirements.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice; Request for Comment......... 06/14/13 78 FR 35945
Notice; Comment Period End.......... 07/15/13 .......................
NPRM................................ 12/16/16 81 FR 91336
NPRM Comment Period End............. 03/16/17 .......................
Final Rule.......................... 07/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Chandru (Jack) Kalro, Deputy Director, Surface
Division, Department of Homeland Security, Transportation Security
Administration, Policy, Plans, and Engagement, 601 South 12th Street,
Arlington, VA 20598-6028, Phone: 571 227-1145, Email:
[email protected]
Alex Moscoso, Chief Economist, Economic Analysis Branch-Cross Modal
Division, Department of Homeland Security, Transportation Security
Administration, Policy, Plans, and Engagement, 601 South 12th Street,
Arlington, VA 20598-6028, Phone: 571 227-5839, Email:
[email protected]
Traci Klemm, Assistant Chief Counsel, Regulations and Security
Standards, Department of Homeland Security, Transportation Security
Administration, Chief Counsel's Office, 601 South 12th Street,
Arlington, VA

[[Page 29644]]

20598-6002, Phone: 571 227-3596, Email: [email protected]
RIN: 1652-AA55

DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. Immigration and Customs Enforcement (USICE)

Proposed Rule Stage

121. VISA Security Program Fee

E.O. 13771 Designation: Other.
Legal Authority: 8 U.S.C. 1356
Abstract: ICE seeks to enable the expansion of the Visa Security
Program (VSP) by proposing to move it to a user-fee funded model (as
opposed to relying on appropriations). The VSP leverages resources in
the National Capital Region (NCR) and at U.S. diplomatic posts overseas
to vet and screen visa applicants; identifies and prevents the travel
of those who constitute potential national security and/or public
safety threats; and launches investigations into criminal and/or
terrorist affiliated networks operating in the U.S. and abroad. The
fees collected as a result of this rule would fund an expansion of the
VSP, enabling ICE to extend visa security screening and vetting
operations and investigative efforts to more visa-issuing posts
overseas, and in turn, enhance the U.S. government's ability to prevent
travel to the United States by those who pose a threat to the national
security interests of the U.S.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/20 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Austin Moore, Unit Chief, Department of Homeland
Security, U.S. Immigration and Customs Enforcement, 500 12th Street SW,
Washington, DC 20536, Phone: 202 732-5117, Email:
[email protected]
RIN: 1653-AA77

DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. Immigration and Customs Enforcement (USICE)

Final Rule Stage

122. Procedures and Standards for Declining Surety Immigration Bonds
and Administrative Appeal Requirement for Breaches

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 8 U.S.C. 1103
Abstract: U.S. Immigration and Customs Enforcement (ICE) proposes
to set forth standards and procedures ICE will follow before making a
determination to stop accepting immigration bonds posted by a surety
company that has been certified to issue bonds by the Department of the
Treasury when the company does not cure deficient performance. Treasury
administers the Federal corporate surety program and, in its current
regulations, allows agencies to prescribe ``for cause'' standards and
procedures for declining to accept new bonds from Treasury-certified
sureties. ICE would also require surety companies seeking to overturn a
breach determination to file an administrative appeal raising all legal
and factual defenses.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Mark Lawyer, Chief, Regulations, Department of
Homeland Security, U.S. Immigration and Customs Enforcement, 500 12th
Street SW, Mail Stop 5006, Washington, DC 20536, Phone: 202 732-5683,
Email: [email protected]
RIN: 1653-AA67

123. Adjusting Program Fees for the Student and Exchange Visitor
Program

E.O. 13771 Designation: Other.
Legal Authority: 8 U.S.C. 1372; 8 U.S.C. 1762; 8 U.S.C. 1101; 8
U.S.C. 1356; 31 U.S.C. 901 to 903; 31 U.S.C. 902; . . .
Abstract: ICE will publish a final rule to adjust fees that the
Student and Exchange Visitor Program (SEVP) charges individuals and
organizations. In 2017, SEVP conducted a comprehensive fee study and
determined that current fees do not recover the full costs of the
services provided. ICE has determined that adjusting fees is necessary
to fully recover the increased costs of SEVP operations, program
requirements, and to provide the necessary funding to sustain
initiatives critical to supporting national security. The final rule
will adjust fees for individuals and organizations. The SEVP fee
schedule was last adjusted in a rule published on September 26, 2008.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sharon Snyder, Unit Chief, Policy and Response
Unit, Department of Homeland Security, U.S. Immigration and Customs
Enforcement, Potomac Center North STOP 5600, 500 12th Street SW,
Washington, DC 20536-5600, Phone: 703 603-5600,
RIN: 1653-AA74

124. Apprehension, Processing, Care and Custody of Alien Minors and
Unaccompanied Alien Children

E.O. 13771 Designation: Other.
Legal Authority: 8 U.S.C. 1103; 8 U.S.C. 1182; 8 U.S.C. 1225 to
1227; 8 U.S.C. 1362
Abstract: In 1985, a class-action suit challenged the policies of
the former Immigration and Naturalization Service (INS) relating to the
detention, processing, and release of alien children; the case
eventually reached the U.S. Supreme Court. The Court upheld the
constitutionality of the challenged INS regulations on their face and
remanded the case for further proceedings consistent with its opinion.
In January 1997, the parties reached a comprehensive settlement
agreement, referred to as the Flores Settlement Agreement (FSA). The
FSA was to terminate five years after the date of final court approval;
however, the termination provisions were modified in 2001, such that
the FSA does not terminate until 45 days after publication of
regulations implementing the agreement.
Since 1997, intervening statutory changes, including passage of the
Homeland Security Act (HSA) and the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (TVPRA), have
significantly changed the applicability of certain provisions of the
FSA. The rule would codify the relevant and substantive terms of the
FSA and enable the U.S. Government to seek

[[Page 29645]]

termination of the FSA and litigation concerning its enforcement.
Through this rule, DHS, HHS, and DOJ will create a pathway to ensure
the humane detention of family units while satisfying the goals of the
FSA. The rule will also implement related provisions of the TVPRA.
Timetable:

DEPARTMENT OF HOMELAND SECURITY (DHS)

Cybersecurity and Infrastructure Security Agency (CISA)

Proposed Rule Stage

125. Ammonium Nitrate Security Program

E.O. 13771 Designation: Other.
Legal Authority: 6 U.S.C. 488 et seq.
Abstract: This rulemaking will implement the December 2007
amendment to the Homeland Security Act entitled ``Secure Handling of
Ammonium Nitrate.'' The amendment requires the Department of Homeland
Security to ``regulate the sale and transfer of ammonium nitrate by an
ammonium nitrate facility . . . to prevent the misappropriation or use
of ammonium nitrate in an act of terrorism.'' DHS intends to publish a
notice announcing the availability of a redacted version of a technical
report developed by Sandia National Laboratories titled Ammonium
Nitrate Security Program Technical Assessment. The report documents
Sandia National Laboratories' technical research, testing, and findings
related to the feasibility of weaponizing commercially available
products containing ammonium nitrate. DHS intends to use this notice to
solicit comments on the report and its application to the proposed
Ammonium Nitrate Security Program rulemaking.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon MacLaren, Group Leader, Strategic Policy and
Rulemaking, Department of Homeland Security, Cybersecurity and
Infrastructure Security Agency, Infrastructure Security Compliance
Division, 245 Murray Lane SW, Mail Stop 0610, Arlington, VA 20528-0610,
Phone: 703 235-5263, Fax: 703 603-4935, Email:
[email protected]
RIN: 1670-AA00

DEPARTMENT OF HOMELAND SECURITY (DHS)

Cybersecurity and Infrastructure Security Agency (CISA)

Long-Term Actions

126. Chemical Facility Anti-Terrorism Standards (CFATS)

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 08/18/14 79 FR 48693
ANPRM Comment Period End............ 10/17/14
-----------------------------------
NPRM................................ To Be Determined
------------------------------------------------------------------------

[FR Doc. 2019-12076 Filed 6-21-19; 8:45 am]
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No. 121

June 24, 2019

Part VIII

Department of the Interior

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Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
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DEPARTMENT OF THE INTERIOR

Office of the Secretary

25 CFR Ch. I

30 CFR Chs. II and VII

36 CFR Ch. I

43 CFR Subtitle A, Chs. I and II

48 CFR Ch. 14

50 CFR Chs. I and IV

[167D0102DM; DS6CS00000; DLSN00000.00000; DX6CS25]

Semiannual Regulatory Agenda

AGENCY: Office of the Secretary, Interior.

ACTION: Semiannual regulatory agenda.

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

SUMMARY: This notice provides the semiannual agenda of Department of
the Interior (Department) rules scheduled for review or development
between Spring 2019 and Spring 2020. The Regulatory Flexibility Act and
Executive Order 12866 require publication of the agenda.

ADDRESSES: Unless otherwise indicated, all agency contacts are located
at the Department of the Interior, 1849 C Street NW, Washington, DC
20240.

FOR FURTHER INFORMATION CONTACT: Please direct all comments and
inquiries about these rules to the appropriate agency contact. Please
direct general comments relating to the agenda to the Office of the
Executive Secretariat and Regulatory Affairs, Department of the
Interior, at the address above or at (202) 208-5257.

SUPPLEMENTARY INFORMATION: With this publication, the Department
satisfies the requirement of Executive Order 12866 that the Department
publish an agenda of rules that we have issued or expect to issue and
of currently effective rules that we have scheduled for review.
Simultaneously, the Department meets the requirement of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) to publish an agenda
in April and October of each year identifying rules that will have
significant economic effects on a substantial number of small entities.
We have specifically identified in the agenda rules that will have such
effects. The complete Unified Agenda will be published at
www.reginfo.gov, in a format that offers users enhanced ability to
obtain information from the Agenda database. Agenda information is also
available at www.regulations.gov, the government-wide website for
submission of comments on proposed regulations.
In some cases, the Department has withdrawn rules that were placed
on previous agendas for which there has been no publication activity or
for which a proposed or interim rule was published. There is no legal
significance to the omission of an item from this agenda. Withdrawal of
a rule does not necessarily mean that the Department will not proceed
with the rulemaking. Withdrawal allows the Department to assess the
action further and determine whether rulemaking is appropriate.
Following such an assessment, the Department may determine that certain
rules listed as withdrawn under this agenda are appropriate for
promulgation. If that determination is made, such rules will comply
with Executive Order 13771.

Bivan R. Patnaik,
Deputy Director, Regulatory Affairs.

Bureau of Safety and Environmental Enforcement--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
127....................... Revisions to the Blowout 1014-AA39
Preventer Systems and
Well Control Rule.
------------------------------------------------------------------------

Assistant Secretary for Land and Minerals Management--Proposed Rule
Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
128....................... Revisions to the 1082-AA01
Requirements for
Exploratory Drilling on
the Arctic Outer
Continental Shelf.
------------------------------------------------------------------------

United States Fish and Wildlife Service--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
129....................... Migratory Bird Hunting; 1018-BD10
2019-2020 Migratory Game
Bird Hunting Regulations.
130....................... Migratory Bird Hunting; 1018-BD89
2020-2021 Migratory Game
Bird Hunting Regulations.
------------------------------------------------------------------------

Bureau of Ocean Energy Management--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
131....................... Risk Management, Financial 1010-AE00
Assurance and Loss
Prevention.
------------------------------------------------------------------------

[[Page 29649]]

DEPARTMENT OF THE INTERIOR (DOI)

Bureau of Safety and Environmental Enforcement (BSEE)

Final Rule Stage

127. Revisions to the Blowout Preventer Systems and Well Control Rule

E.O. 13771 Designation: Deregulatory.
Legal Authority: 43 U.S.C. 1331 to 1356a
Abstract: This rulemaking would revise the Bureau of Safety and
Environmental Enforcement (BSEE) regulations published in the 2016
final rule entitled ``Blowout Preventer Systems and Well Control,'' 81
FR 25888 (April 29, 2016), for drilling, workover, completion and
decommissioning operations. In accordance with section 4 of Secretary's
Order 3350 (America-First Offshore Energy Strategy), Executive Order
(E.O.) 13783 (Promoting Energy Independence and Economic Growth), and
section 7 of E.O. 13795 (Implementing an America-First Offshore Energy
Strategy), BSEE reviewed the 2016 final rule, considered stakeholder
input on that rule, and has proposed revisions to reduce unnecessary
burdens while ensuring that operations are conducted safely and in an
environmentally responsible manner.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Lakeisha Harrison, Chief, Regulations and Standards
Branch, Department of the Interior, Bureau of Safety and Environmental
Enforcement, 45600 Woodland Road, Sterling, VA 20166, Phone: 703 787-
1552, Fax: 703 787-1555, Email: [email protected]
RIN: 1014-AA39

DEPARTMENT OF THE INTERIOR (DOI)

Assistant Secretary for Land and Minerals Management (ASLM)

Proposed Rule Stage

128. Revisions to the Requirements for Exploratory Drilling on the
Arctic Outer Continental Shelf

E.O. 13771 Designation: Deregulatory.
Legal Authority: 43 U.S.C. 1331 to 1356a; 33 U.S.C. 2701
Abstract: This proposed rule would revise specific provisions of
the regulations published in the final Arctic Exploratory Drilling
Rule, 81 FR 46478 (July 15, 2016), which established a regulatory
framework for exploratory drilling and related operations within the
Beaufort Sea and Chukchi Sea Planning Areas on the Outer Continental
Shelf of Alaska. The rulemaking for this RIN replaces the Bureau of
Safety and Environmental Enforcement's RIN 1014-AA40.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Bryce Barlan, Regulatory Analyst, Department of the
Interior, Bureau of Safety and Environmental Enforcement, 45600
Woodland Road, Sterling, VA 20166, Phone: 703 787-1126, Email:
[email protected]
RIN: 1082-AA01

DEPARTMENT OF THE INTERIOR (DOI)

United States Fish and Wildlife Service (FWS)

Proposed Rule Stage

129. Migratory Bird Hunting; 2019-2020 Migratory Game Bird Hunting
Regulations

E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 16 U.S.C. 703 to 712; 16 U.S.C. 742a-j
Abstract: We propose to establish annual hunting regulations for
certain migratory game birds for the 2019-2020 hunting season. We
annually prescribe outside limits (frameworks), within which States may
select hunting seasons. This proposed rule provides the regulatory
schedule, describes the proposed regulatory alternatives for the 2019-
2020 duck hunting seasons, and requests proposals from Indian tribes
that wish to establish special migratory game bird hunting regulations
on Federal Indian reservations and ceded lands. Migratory game bird
hunting seasons provide opportunities for recreation and sustenance;
aid Federal, State, and Tribal governments in the management of
migratory game birds; and permit harvests at levels compatible with
migratory game bird population status and habitat conditions.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ronald Kokel, Wildlife Biologist, Division of
Migratory Bird Management, Department of the Interior, United States
Fish and Wildlife Service, 5275 Leesburg Pike, MS: MB, Falls Church, VA
22041-3808, Phone: 703 358-1714, Fax: 703 358-2217, Email:
[email protected]
RIN: 1018-BD10

130. Migratory Bird Hunting; 2020-2021 Migratory Game Bird
Hunting Regulations

[[Page 29650]]

Federal Indian reservations and ceded lands. Migratory game bird
hunting seasons provide opportunities for recreation and sustenance;
aid Federal, State, and Tribal governments in the management of
migratory game birds; and permit harvests at levels compatible with
migratory game bird population status and habitat conditions.
Timetable:

DEPARTMENT OF THE INTERIOR (DOI)

Bureau of Ocean Energy Management (BOEM)

Proposed Rule Stage

131. Risk Management, Financial Assurance and Loss Prevention

E.O. 13771 Designation: Other.
Legal Authority: 43 U.S.C. 1331 et seq.
Abstract: As directed by Executive Order 13795, BOEM has
reconsidered its financial assurance policies reflected in Notice to
Lessees No. 2016-N01 (September 12, 2016). This rule will modify the
policies established in the 2016 Notice to Lessees to ensure operator
compliance with lease terms while minimizing unnecessary regulatory
burdens, and codify the modifications.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Deanna Meyer-Pietruszka, Chief, OPRA, Department of
the Interior, Bureau of Ocean Energy Management, 1849 C Street NW,
Washington, DC 20240, Phone: 202 208-6352, Email: deanna.meyer-
[email protected]
RIN: 1010-AE00

[FR Doc. 2019-12077 Filed 6-21-19; 8:45 am]
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Vol. 84

Monday,

No. 121

June 24, 2019

Part IX

Department of Justice

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[[Page 29652]]

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DEPARTMENT OF JUSTICE

8 CFR Ch. V

21 CFR Ch. I

27 CFR Ch. II

28 CFR Ch. I, V

48 CFR Ch. XXVIII

Regulatory Agenda

AGENCY: Department of Justice.

ACTION: Semiannual regulatory agenda.

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

SUMMARY: The Department of Justice is publishing its spring 2019
regulatory agenda pursuant to Executive Order 12866, ``Regulatory
Planning and Review,'' 58 FR 51735, and the Regulatory Flexibility Act,
5 U.S.C. 601 to 612 (1988).

FOR FURTHER INFORMATION CONTACT: Robert Hinchman, Senior Counsel,
Office of Legal Policy, Department of Justice, Room 4252, 950
Pennsylvania Avenue NW, Washington, DC 20530, (202) 514-8059.

SUPPLEMENTARY INFORMATION: Beginning with the fall 2007 edition, the
internet has been the basic means for disseminating the Unified Agenda.
The complete Unified Agenda will be available online at www.reginfo.gov
in a format that offers users a greatly enhanced ability to obtain
information from the Agenda database.
Because publication in the Federal Register is mandated for the
regulatory flexibility agendas required by the Regulatory Flexibility
Act (5 U.S.C. 602), the Department of Justice's printed agenda entries
include only:
(1) Rules that are in the Agency's regulatory flexibility agenda,
in accordance with the Regulatory Flexibility Act, because they are
likely to have a significant economic impact on a substantial number of
small entities; and
(2) any rules that the Agency has identified for periodic review
under section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's Agenda
requirements. Additional information on these entries is available in
the Unified Agenda published on the internet.

Dated: March 6, 2019.
Beth A. Williams,
Assistant Attorney General, Office of Legal Policy.

Bureau of Alcohol, Tobacco, Firearms, and Explosives--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
132....................... Bump-Stock-Type Devices... 1140-AA52
------------------------------------------------------------------------

DEPARTMENT OF JUSTICE (DOJ)

Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)

Completed Actions

132. Bump-Stock-Type Devices

E.O. 13771 Designation: Regulatory.
Legal Authority: 18 U.S.C. 921 et seq.; 26 U.S.C. 5841 et seq.
Abstract: The Department of Justice is issuing a rulemaking that
would interpret the statutory definition of machinegun in the National
Firearms Act of 1934 and Gun Control Act of 1968 to clarify whether
certain devices, commonly known as bump-fire stocks, fall within that
definition.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Action........................ 12/26/18 83 FR 66514
Final Action Effective.............. 03/26/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Vivian Chu, Phone: 202 648-7070, Email:
[email protected]
RIN: 1140-AA52

[FR Doc. 2019-12078 Filed 6-21-19; 8:45 am]
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[[Page 29653]]

Vol. 84

Monday,

No. 121

June 24, 2019

Part X

Department of Labor

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Office of the Secretary

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[[Page 29654]]

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DEPARTMENT OF LABOR

Office of the Secretary

20 CFR Chs. I, IV, V, VI, VII, and IX

29 CFR Subtitle A and Chs. II, IV, V, XVII, and XXV

30 CFR Ch. I

41 CFR Ch. 60

48 CFR Ch. 29

Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Labor.

ACTION: Semiannual Regulatory Agenda.

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

SUMMARY: The internet has become the means for disseminating the
entirety of the Department of Labor's semiannual regulatory agenda.
However, the Regulatory Flexibility Act requires publication of a
regulatory flexibility agenda in the Federal Register. This Federal
Register Notice contains the regulatory flexibility agenda.

FOR FURTHER INFORMATION CONTACT: Laura M. Dawkins, Director, Office of
Regulatory and Programmatic Policy, Office of the Assistant Secretary
for Policy, U.S. Department of Labor, 200 Constitution Avenue NW, Room
S-2312, Washington, DC 20210; (202) 693-5959.

Note: Information pertaining to a specific regulation can be
obtained from the agency contact listed for that particular
regulation.

SUPPLEMENTARY INFORMATION: Executive Order 12866 requires the
semiannual publication of an agenda of regulations that contains a
listing of all the regulations the Department of Labor expects to have
under active consideration for promulgation, proposal, or review during
the coming one-year period. The entirety of the Department's semiannual
agenda is available online at www.reginfo.gov.
The Regulatory Flexibility Act (5 U.S.C. 602) requires DOL to
publish in the Federal Register a regulatory flexibility agenda. The
Department's Regulatory Flexibility Agenda, published with this notice,
includes only those rules on its semiannual agenda that are likely to
have a significant economic impact on a substantial number of small
entities; and those rules identified for periodic review in keeping
with the requirements of section 610 of the Regulatory Flexibility Act.
Thus, the regulatory flexibility agenda is a subset of the Department's
semiannual regulatory agenda. The Department's Regulatory Flexibility
Agenda does not include section 610 items at this time.
All interested members of the public are invited and encouraged to
let departmental officials know how our regulatory efforts can be
improved, and are invited to participate in and comment on the review
or development of the regulations listed on the Department's agenda.

R. Alexander Acosta,
Secretary of Labor.

Wage and Hour Division--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
133....................... Defining and Delimiting 1235-AA20
the Exemptions for
Executive,
Administrative,
Professional, Outside
Sales and Computer
Employees.
------------------------------------------------------------------------

Employment and Training Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
134....................... Temporary Employment of H- 1205-AB93
2B Foreign Workers in
Certain Itinerant
Occupations in the United
States.
------------------------------------------------------------------------

Employee Benefits Security Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
135....................... Definition of an 1210-AB88
``Employer'' Under
Section 3(5) of ERISA--
Association Retirement
Plans and Other Multiple
Employer Plans.
------------------------------------------------------------------------

Employee Benefits Security Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
136....................... Revision of the Form 5500 1210-AB63
Series and Implementing
Related Regulations Under
the Employee Retirement
Income Security Act of
1974 (ERISA).
------------------------------------------------------------------------

Occupational Safety and Health Administration--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
137....................... Communication Tower Safety 1218-AC90
138....................... Emergency Response........ 1218-AC91
139....................... Tree Care Standard........ 1218-AD04
140....................... Prevention of Workplace 1218-AD08
Violence in Health Care
and Social Assistance.
------------------------------------------------------------------------

[[Page 29655]]

Occupational Safety and Health Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
141....................... Infectious Diseases....... 1218-AC46
142....................... Process Safety Management 1218-AC82
and Prevention of Major
Chemical Accidents.
------------------------------------------------------------------------

DEPARTMENT OF LABOR (DOL)

Wage and Hour Division (WHD)

Proposed Rule Stage

133. Defining and Delimiting the Exemptions for Executive,
Administrative, Professional, Outside Sales and Computer Employees

E.O. 13771 Designation: Deregulatory.
Legal Authority: 29 U.S.C. 201 et seq.; 29 U.S.C. 213(a)(1)
Abstract: The Department has issued a Notice of Proposed Rulemaking
(NPRM) to determine the appropriate salary level for exemption of
executive, administrative and professional employees. In developing the
final rule, the Department will be informed by the comments received in
response to its NPRM.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information (RFI)....... 07/26/17 82 FR 34616
RFI Comment Period End.............. 09/25/17 .......................
NPRM................................ 03/22/19 84 FR 10840
NPRM Comment Period End............. 05/21/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Mary Ziegler, Assistant Administrator, Office of
Policy, Wage and Hour (WHD), Department of Labor, Wage and Hour
Division, 200 Constitution Avenue NW, Room S-3502, FP Building,
Washington, DC 20210, Phone: 202 693-0406, Fax: 202 693-1387.
RIN: 1235-AA20

DEPARTMENT OF LABOR (DOL)

Employment and Training Administration (ETA)

Proposed Rule Stage

134. Temporary Employment of H-2B Foreign Workers in Certain Itinerant
Occupations in the United States

E.O. 13771 Designation: Regulatory.
Legal Authority: 8 U.S.C. 1184; 8 U.S.C. 1103
Abstract: The United States Department of Labor's (DOL), Employment
and Training Administration and Wage and Hour Division, and the United
States Department of Homeland Security (DHS), U.S. Citizenship and
Immigration Services, are jointly amending regulations regarding the H-
2B non-immigrant visa program at 20 CFR part 655, subpart A. The Notice
of Proposed Rulemaking (NPRM) will establish standards and procedures
for employers seeking to hire foreign temporary nonagricultural workers
for certain itinerant job opportunities, including entertainers and
carnivals and utility vegetation management.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/00/20 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Thomas M. Dowd, Deputy Assistant Secretary,
Department of Labor, Employment and Training Administration, 200
Constitution Avenue NW, FP Building, Washington, DC 20210, Phone: 202
513-7350.
RIN: 1205-AB93

DEPARTMENT OF LABOR (DOL)

Employee Benefits Security Administration (EBSA)

Final Rule Stage

135. Definition of an ``Employer'' Under Section 3(5) of ERISA--
Association Retirement Plans and Other Multiple Employer Plans

E.O. 13771 Designation: Deregulatory.
Legal Authority: 29 U.S.C. 1002(2), 1002(5) and 1135
Abstract: This regulatory action would establish criteria under
section 3(5) of the Employee Retirement Income Security Act (ERISA) for
purposes of being an ``employer'' able to establish and maintain an
employee pension benefit plan (as defined in section 3(2) of ERISA)
that is a multiple employer retirement savings plan (other than a
multiemployer plan defined in section 3(37) of ERISA).
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jeffrey J. Turner, Deputy Director, Office of
Regulations and Interpretations, Department of Labor, Employee Benefits
Security Administration, 200 Constitution Avenue NW, FP Building, Room
N-5655, Washington, DC 20210, Phone: 202 693-8500.
RIN: 1210-AB88.

DEPARTMENT OF LABOR (DOL)

Employee Benefits Security Administration (EBSA)

Long-Term Actions

136. Revision of the Form 5500 Series and Implementing Related
Regulations Under the Employee Retirement Income Security Act of 1974
(ERISA)

E.O. 13771 Designation: Regulatory.
Legal Authority: 29 U.S.C. 1021 to 1025; 29 U.S.C. 1027; 29 U.S.C.
1029 and 1030; 29 U.S.C. 1134 and 1135; 29 U.S.C. 1059; 29 U.S.C. 1204
Abstract: This regulatory action is part of a long-term strategic
project with the Internal Revenue Service and the Pension Benefit
Guaranty Corporation to modernize and improve the Form 5500 Annual
Return/Report of Employee Benefit Plan. Modernizing the financial and
other annual reporting requirements on the Form 5500 and making the
investment and other information on the Form 5500 more data mineable
are part of that evaluation. The project is also focused on enhancing
the agencies' ability to collect employee benefit plan data that best
meets the needs of changing compliance projects, programs, and
activities.
Timetable:

[[Page 29656]]

Notice of Proposed Forms Revision... 07/21/16 81 FR 47534
Notice of Proposed Forms Revision 10/04/16 .......................
Comment Period End.
NPRM Comment Period Extended........ 09/23/16 81 FR 65594
NPRM Comment Period Extended End.... 12/05/16 .......................
Next Action Undetermined............ .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Mara S. Blumenthal, Employee Benefits Law
Specialist, Department of Labor, Employee Benefits Security
Administration, 200 Constitution Avenue NW, FP Building, Room N-5655,
Washington, DC 20210, Phone: 202 693-8500.
RIN: 1210-AB63

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Prerule Stage

137. Communication Tower Safety

E.O. 13771 Designation: Regulatory.
Legal Authority: 29 U.S.C. 655(b); 5 U.S.C. 609
Abstract: While the number of employees engaged in the
communication tower industry remains small, the fatality rate is very
high. Over the past 20 years, this industry has experienced an average
fatality rate that greatly exceeds that of the construction industry.
Due to recent FCC spectrum auctions and innovations in cellular
technology, there will be a very high level of construction activity
taking place on communication towers over the next few years. A similar
increase in the number of construction projects needed to support
cellular phone coverage triggered a spike in fatality and injury rates
years ago. Based on information collected from an April 2016 Request
for Information, OSHA concluded that current OSHA requirements such as
those for fall protection and personnel hoisting, may not adequately
cover all hazards of communication tower construction and maintenance
activities. OSHA will use information collected from a Small Business
Regulatory Enforcement Fairness Act (SBREFA) panel to identify
effective work practices and advances in engineering technology that
would best address industry safety and health concerns. The Panel
carefully considered the issue of the expansion of the rule beyond just
communication towers. OSHA will continue to consider also covering
structures that have telecommunications equipment on or attached to
them (e.g., buildings, rooftops, water towers, billboards, etc.).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information (RFI)....... 04/15/15 80 FR 20185
RFI Comment Period End.............. 06/15/15 .......................
Initiate SBREFA..................... 01/04/17 .......................
Initiate SBREFA..................... 05/31/18 .......................
Complete SBREFA..................... 05/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Scott Ketcham, Acting Director, Directorate of
Construction, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue NW, Room N-3468, FP Building,
Washington, DC 20210, Phone: 202 693-2556, Fax: 202 693-1689, Email:
[email protected]
RIN: 1218-AC90

138. Emergency Response

E.O. 13771 Designation: Regulatory.
Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657; 5 U.S.C. 609
Abstract: OSHA currently regulates aspects of emergency response
and preparedness; some of these standards were promulgated decades ago,
and none were designed as comprehensive emergency response standards.
Consequently, they do not address the full range of hazards or concerns
currently facing emergency responders, and other workers providing
skilled support, nor do they reflect major changes in performance
specifications for protective clothing and equipment. The Agency
acknowledged that current OSHA standards also do not reflect all the
major developments in safety and health practices that have already
been accepted by the emergency response community and incorporated into
industry consensus standards. OSHA is considering updating these
standards with information gathered through an RFI and public meetings.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Stakeholder Meetings................ 07/30/14 .......................
Convene NACOSH Workgroup............ 09/09/15 .......................
NACOSH Review of Workgroup Report... 12/14/16 .......................
Initiate SBREFA..................... 05/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: William Perry, Director, Directorate of Standards
and Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue NW, FP Building, Room N-3718,
Washington, DC 20210, Phone: 202 693-1950, Fax: 202 693-1678, Email:
[email protected]
RIN: 1218-AC91

139. Tree Care Standard

E.O. 13771 Designation: Regulatory.
Legal Authority: Not Yet Determined
Abstract: There is no OSHA standard for tree care operations; the
agency currently applies a patchwork of standards to address the
serious hazards in this industry. The tree care industry previously
petitioned the agency for rulemaking and OSHA issued an ANPRM
(September 2008). Tree care continues to be a high-hazard industry.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Stakeholder Meeting................. 07/13/16 .......................
Initiate SBREFA..................... 06/00/19 .......................
------------------------------------------------------------------------

140. Prevention of Workplace Violence in Health Care and Social
Assistance

E.O. 13771 Designation: Regulatory.
Legal Authority: 29 U.S.C. 655(b); 5 U.S.C. 609
Abstract: The Request for Information (RFI) (published on December
7, 2016) provides OSHA's history with the issue of workplace violence
in healthcare and social assistance, including a discussion of the
Guidelines that were initially published in 1996, a 2014 update to the
Guidelines, the Agency's use of 5(a)(1) in enforcement cases in
healthcare. The

[[Page 29657]]

RFI solicited information primarily from health care employers, workers
and other subject matter experts on impacts of violence, prevention
strategies, and other information that will be useful to the Agency.
OSHA was petitioned for a standard preventing workplace violence in
healthcare by a broad coalition of labor unions, and in a separate
petition by the National Nurses United. On January 10, 2017, OSHA
granted the petitions.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request For Information (RFI)....... 12/07/16 81 FR 88147
RFI Comment Period End.............. 04/06/17 .......................
Initiate SBREFA..................... 10/00/19 .......................
------------------------------------------------------------------------

DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Long-Term Actions

141. Infectious Diseases

E.O. 13771 Designation: Regulatory.
Legal Authority: 5 U.S.C. 533; 29 U.S.C. 657 and 658; 29 U.S.C.
660; 29 U.S.C. 666; 29 U.S.C. 669; 29 U.S.C. 673
Abstract: Employees in health care and other high-risk environments
face long-standing infectious disease hazards such as tuberculosis
(TB), varicella disease (chickenpox, shingles), and measles (rubella),
as well as new and emerging infectious disease threats, such as Severe
Acute Respiratory Syndrome (SARS) and pandemic influenza. Health care
workers and workers in related occupations, or who are exposed in other
high-risk environments, are at increased risk of contracting TB, SARS,
Methicillin-Resistant Staphylococcus Aureus (MRSA), and other
infectious diseases that can be transmitted through a variety of
exposure routes. OSHA is examining regulatory alternatives for control
measures to protect employees from infectious disease exposures to
pathogens that can cause significant disease. Workplaces where such
control measures might be necessary include: Health care, emergency
response, correctional facilities, homeless shelters, drug treatment
programs, and other occupational settings where employees can be at
increased risk of exposure to potentially infectious people. A standard
could also apply to laboratories, which handle materials that may be a
source of pathogens, and to pathologists, coroners' offices, medical
examiners, and mortuaries.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information (RFI)....... 05/06/10 75 FR 24835
RFI Comment Period End.............. 08/04/10 .......................
Analyze Comments.................... 12/30/10 .......................
Stakeholder Meetings................ 07/05/11 76 FR 39041
Initiate SBREFA..................... 06/04/14 .......................
Complete SBREFA..................... 12/22/14 .......................
-----------------------------------
NPRM................................ To Be Determined
------------------------------------------------------------------------

142. Process Safety Management and Prevention of Major Chemical
Accidents

E.O. 13771 Designation: Regulatory.
Legal Authority: 29 U.S.C. 655; 29 U.S.C. 657
Abstract: In accordance with the Executive Order 13650, Improving
Chemical Facility Safety and Security, Occupational Safety and Health
Administration (OSHA) issued a Request for Information (RFI) on
December 9, 2013 (78 FR 73756). The RFI identified issues related to
modernization of the Process Safety Management standard and related
standards necessary to meet the goal of preventing major chemical
accidents.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information (RFI)....... 12/09/13 78 FR 73756
RFI Comment Period Extended......... 03/07/14 79 FR 13006
RFI Comment Period Extended End..... 03/31/14 .......................
Initiate SBREFA..................... 06/08/15 .......................
SBREFA Report Completed............. 08/01/16 .......................
Next Action Undetermined............ .......................
------------------------------------------------------------------------

[FR Doc. 2019-12079 Filed 6-21-19; 8:45 am]
BILLING CODE 4510-HL-P

[[Page 29659]]

Vol. 84

Monday,

No. 121

June 24, 2019

Part XI

Department of Transportation

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Unified Agenda

Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

[[Page 29660]]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Chs. I-III

23 CFR Chs. I-III

33 CFR Chs. I and IV

46 CFR Chs. I-III

48 CFR Ch. 12

49 CFR Subtitle A, Chs. I-VI, and Chs. X-XII

[DOT-OST-1999-5129]

Department Regulatory and Deregulatory Agenda; Semiannual Summary

AGENCY: Office of the Secretary, DOT.

ACTION: Unified Agenda of Federal Regulatory and Deregulatory Actions
(Regulatory Agenda).

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

SUMMARY: The Regulatory and Deregulatory Agenda is a semiannual summary
of all current and projected rulemakings, reviews of existing
regulations, and completed actions of the Department. The intent of the
Agenda is to provide the public with information about the Department
of Transportation's regulatory activity planned for the next 12 months.
It is expected that this information will enable the public to more
effectively participate in the Department's regulatory process. The
public is also invited to submit comments on any aspect of this Agenda.

FOR FURTHER INFORMATION CONTACT:

General

You should direct all comments and inquiries on the Agenda in
general to Jonathan Moss, Assistant General Counsel for Regulation,
Office of General Counsel, Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590; (202) 366-4723.

Specific

You should direct all comments and inquiries on particular items in
the Agenda to the individual listed for the regulation or the general
rulemaking contact person for the operating administration in appendix
B.

Table of Contents

Supplementary Information
Background
Significant/Priority Rulemakings
Explanation of Information on the Agenda
Request for Comments
Purpose
Appendix A--Instructions for Obtaining Copies of Regulatory Documents
Appendix B--General Rulemaking Contact Persons
Appendix C--Public Rulemaking Dockets
Appendix D--Review Plans for Section 610 and Other Requirements

SUPPLEMENTARY INFORMATION:

Background

A primary goal of the Department of Transportation (Department or
DOT) is to allow the public to understand how we make decisions, which
necessarily includes being transparent in the way we measure the risks,
costs, and benefits of engaging in--or deciding not to engage in--a
particular regulatory action. As such, it is our policy to provide an
opportunity for public comment on such actions to all interested
stakeholders. Above all, transparency and meaningful engagement mandate
that regulations should be straightforward, clear, and accessible to
any interested stakeholder. The Department also embraces the notion
that there should be no more regulations than necessary. We emphasize
consideration of non-regulatory solutions and have rigorous processes
in place for continual reassessment of existing regulations. These
processes provide that regulations and other agency actions are
periodically reviewed and, if appropriate, are revised to ensure that
they continue to meet the needs for which they were originally
designed, and that they remain cost-effective and cost-justified.
To help the Department achieve its goals and in accordance with
Executive Order (E.O.) 12866, ``Regulatory Planning and Review,'' (58
FR 51735; Oct. 4, 1993) and the Department's Regulatory Policies and
Procedures (44 FR 11034; Feb. 26, 1979), the Department prepares a
semiannual regulatory and deregulatory agenda. It summarizes all
current and projected rulemakings, reviews of existing regulations, and
completed actions of the Department. These are matters on which action
has begun or is projected during the next 12 months or for which action
has been completed since the last Agenda.
In addition, this Agenda was prepared in accordance with three
Executive orders issued by President Trump, which directed agencies to
further scrutinize their regulations and other agency actions. On
January 30, 2017, President Trump signed Executive Order 13771,
Reducing Regulation and Controlling Regulatory Costs. Under section
2(a) of the Executive order, unless prohibited by law, whenever an
executive department or agency publicly proposes for notice and comment
or otherwise promulgates a new regulation, it must identify at least
two existing regulations to be repealed. On February 24, 2017,
President Trump signed Executive Order 13777, Enforcing the Regulatory
Reform Agenda. Under this Executive order, each agency must establish a
Regulatory Reform Task Force (RRTF) to evaluate existing regulations,
and make recommendations for their repeal, replacement, or
modification. On March 28, 2017, President Trump signed Executive Order
13783, Promoting Energy Independence and Economic Growth, requiring
agencies to review all existing regulations, orders, guidance
documents, policies, and other similar agency actions that potentially
burden the development or use of domestically produced energy
resources, with particular attention to oil, natural gas, coal, and
nuclear energy resources.
In response to the mandate in Executive Order 13777, the Department
formed an RRTF consisting of senior career and non-career leaders,
which has already conducted extensive reviews of existing regulations,
and identified a number of rules to be repealed, replaced, or modified.
As a result of the RRTF's work, since January 2017, the Department has
issued deregulatory actions that reduce regulatory costs on the public
by at least $2 billion (in net present value cost savings). With the
RRTF's assistance, the Department has achieved these cost savings in a
manner that is fully consistent with enhancing safety. For example, in
November 2018, the FARA promulgated a rule titled Passenger Equipment
Safety Standards Amendments, which will allow for higher speed trains
(up to 220 mph), and will reduce costs by allowing the use of safe
technologies that are being used in Europe and Japan. The rule enables
the use of crash energy management principles that can improve safety
by using lighter materials that protect occupants to an equivalent
level of safety as the current passenger equipment regulations.
The Department has also significantly increased the number of
deregulatory actions it is pursuing. Today, DOT is pursuing over 135
deregulatory rulemakings, up from just 16 in the fall of 2016.
While each regulatory and deregulatory action is evaluated on its
own merits, the RRTF augments the Department's consideration of

[[Page 29661]]

prospective rulemakings by conducting monthly reviews across all OAs to
identify appropriate deregulatory actions. The RRTF also works to
ensure that any new regulatory action is rigorously vetted and non-
regulatory alternatives are considered. Further information on the RRTF
can be found online at: https://www.transportation. gov/regulations/
regulatory-reform-task-force-report.
The Department's ongoing regulatory effort is guided by four
fundamental principles--safety, innovation, enabling investment in
infrastructure, and reducing unnecessary regulatory burdens. These
priorities are grounded in our national interest in maintaining U.S.
global leadership in safety, innovation, and economic growth. To
accomplish our regulatory goals, we must create a regulatory
environment that fosters growth in new and innovative industries
without burdening them with unnecessary restrictions. At the same time,
safety remains our highest priority; we must remain focused on managing
safety risks and being sure that we do not regress from the successes
already achieved. Our planned regulatory actions reflect a careful
balance that emphasizes the Department's priority in fostering
innovation while at the same time meeting the challenges of maintaining
a safe, reliable, and sustainable transportation system.
For example, the National Highway Traffic Safety Administration
(NHTSA) will continue working on reducing regulatory barriers to
technology innovation, including the integration of automated vehicles.
Automated vehicles are expected to increase safety significantly by
reducing the likelihood of human error when driving, which today
accounts for the overwhelming majority of accidents on our nation's
roadways. Over the next year and beyond, NHTSA plans to initiate and/or
continue deregulatory actions that; (1) design a pilot program for
vehicles that may not meet FMVSS; (2) allow for permanent updates to
current FMVSS reflecting new technology; and (3) allow for updates to
NHTSA's regulations outlining the administrative processes for
petitioning the agency for exemptions, rulemakings, and
reconsiderations. Similarly, the Federal Aviation Administration (FAA)
will continue working to enable, safely and efficiently, the
integration of unmanned aircraft systems (UAS) into the National
Airspace System. UAS are expected to continue to drive innovation and
increase safety as operators and manufacturers find new and inventive
uses for UAS. For instance, UAS are poised to assist human operators
with a number of different mission sets such as inspection of critical
infrastructure and search and rescue, enabling beneficial and
lifesaving activities that would otherwise be difficult or even
impossible for a human to accomplish unassisted. The Department has
regulatory efforts underway to further integrate UAS safely and
efficiently.
The Department is working on several rulemakings to transform our
national space program by better enabling private industry to drive
growth in innovation and launches. The FAA has proposed a rule that
will fundamentally change how FAA licenses launches and reentries of
commercial space vehicles moving from prescriptive requirements to a
performance based approach.

Explanation of Information in the Agenda

An Office of Management and Budget memorandum, dated February 7,
2019, establishes the format for this Agenda.
First, the Agenda is divided by initiating offices. Then the Agenda
is divided into five categories: (1) Prerule stage; (2) proposed rule
stage; (3) final rule stage; (4) long-term actions; and (5) completed
actions. For each entry, the Agenda provides the following information:
(1) Its ``significance''; (2) a short, descriptive title; (3) its legal
basis; (4) the related regulatory citation in the Code of Federal
Regulations; (5) any legal deadline and, if so, for what action (e.g.,
NPRM, final rule); (6) an abstract; (7) a timetable, including the
earliest expected date for when a rulemaking document may publish; (8)
whether the rulemaking will affect small entities and/or levels of
Government and, if so, which categories; (9) whether a Regulatory
Flexibility Act (RFA) analysis is required (for rules that would have a
significant economic impact on a substantial number of small entities);
(10) a listing of any analyses an office will prepare or has prepared
for the action (with minor exceptions, DOT requires an economic
analysis for all its rulemakings); (11) an agency contact office or
official who can provide further information; (12) a Regulation
Identifier Number (RIN) assigned to identify an individual rulemaking
in the Agenda and facilitate tracing further action on the issue; (13)
whether the action is subject to the Unfunded Mandates Reform Act; (14)
whether the action is subject to the Energy Act; (15) the action's
designation under Executive Order 13771 explaining whether the action
will have a regulatory or deregulatory effect; and (16) whether the
action is major under the congressional review provisions of the Small
Business Regulatory Enforcement Fairness Act.
For nonsignificant regulations issued routinely and frequently as a
part of an established body of technical requirements (such as the
Federal Aviation Administration's Airspace Rules), to keep those
requirements operationally current, we only include the general
category of the regulations, the identity of a contact office or
official, and an indication of the expected number of regulations; we
do not list individual regulations.
In the ``Timetable'' column, we use abbreviations to indicate the
particular documents being considered. ANPRM stands for Advance Notice
of Proposed Rulemaking, SNPRM for Supplemental Notice of Proposed
Rulemaking, and NPRM for Notice of Proposed Rulemaking. Listing a
future date in this column does not mean we have made a decision to
issue a document; it is the earliest date on which a rulemaking
document may publish. In addition, these dates are based on current
schedules. Information received after the issuance of this Agenda could
result in a decision not to take regulatory action or in changes to
proposed publication dates. For example, the need for further
evaluation could result in a later publication date; evidence of a
greater need for the regulation could result in an earlier publication
date.
Finally, a dot () preceding an entry indicates that the
entry appears in the Agenda for the first time.
The internet is the basic means for disseminating the Unified
Agenda. The complete Unified Agenda is available online at
www.reginfo.gov in a format that offers users a greatly enhanced
ability to obtain information from the Agenda database. A portion of
the Agenda is published in the Federal Register, however, because the
Regulatory Flexibility Act (5 U.S.C. 602) mandates publication for the
regulatory flexibility agenda. Accordingly, DOT's printed Agenda
entries include only:
1. The agency's Agenda preamble;
2. Rules that are in the agency's regulatory flexibility agenda, in
accordance with the Regulatory Flexibility Act, because they are likely
to have a significant economic impact on a substantial number of small
entities; and
3. Any rules that the agency has identified for periodic review
under section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's Agenda
requirements. These elements are: Sequence Number; Title; Section

[[Page 29662]]

610 Review, if applicable; Legal Authority; Abstract; Timetable;
Regulatory Flexibility Analysis Required; Agency Contact; and
Regulation Identifier Number (RIN). Additional information (for
detailed list, see section heading ``Explanation of Information on the
Agenda'') on these entries is available in the Unified Agenda published
on the internet.

Request for Comments

General

Our Agenda is intended primarily for the use of the public. Since
its inception, we have made modifications and refinements that we
believe provide the public with more helpful information, as well as
making the Agenda easier to use. We would like you, the public, to make
suggestions or comments on how the Agenda could be further improved.

Reviews

We also seek your suggestions on which of our existing regulations
you believe need to be reviewed to determine whether they should be
revised or revoked. We particularly draw your attention to the
Department's review plan in appendix D.

Regulatory Flexibility Act

The Department is especially interested in obtaining information on
requirements that have a ``significant economic impact on a substantial
number of small entities'' and, therefore, must be reviewed under the
Regulatory Flexibility Act. If you have any suggested regulations,
please submit them to us, along with your explanation of why they
should be reviewed.
In accordance with the Regulatory Flexibility Act, comments are
specifically invited on regulations that we have targeted for review
under section 610 of the Act. The phrase (sec. 610 Review) appears at
the end of the title for these reviews. Please see appendix D for the
Department's section 610 review plans.

Consultation With State, Local, and Tribal Governments

Executive Orders 13132 and 13175 require us to develop an account
process to ensure ``meaningful and timely input'' by State, local, and
tribal officials in the development of regulatory policies that have
federalism or tribal implications. These policies are defined in the
Executive orders to include regulations that have ``substantial direct
effects'' on States or Indian tribes, on the relationship between the
Federal Government and them, or on the distribution of power and
responsibilities between the Federal Government and various levels of
Government or Indian tribes. Therefore, we encourage State and local
Governments or Indian tribes to provide us with information about how
the Department's rulemakings impact them.

Purpose

The Department is publishing this regulatory Agenda in the Federal
Register to share with interested members of the public the
Department's preliminary expectations regarding its future regulatory
actions. This should enable the public to be more aware of the
Department's regulatory activity and should result in more effective
public participation. This publication in the Federal Register does not
impose any binding obligation on the Department or any of the offices
within the Department with regard to any specific item on the Agenda.
Regulatory action, in addition to the items listed, is not precluded.

Dated: May 9, 2019.
Elaine L. Chao,
Secretary of Transportation.

Appendix A--Instructions for Obtaining Copies of Regulatory Documents

To obtain a copy of a specific regulatory document in the Agenda,
you should communicate directly with the contact person listed with the
regulation at the address below. We note that most, if not all, such
documents, including the Semiannual Regulatory Agenda, are available
through the internet at https://www.regulations.gov. See appendix C for
more information.

Appendix B--General Rulemaking Contact Persons

The following is a list of persons who can be contacted within the
Department for general information concerning the rulemaking process
within the various operating administrations.
FAA--Lirio Liu, Executive Director, Office of Rulemaking, 800
Independence Avenue SW, Washington, DC 20591; telephone (202) 267-9677.
FHWA--Jennifer Outhouse, Office of Chief Counsel, 1200 New Jersey
Avenue SE, Washington, DC 20590; telephone (202) 366-0761.
FMCSA--Steven J. LaFreniere, Regulatory Ombudsman, 1200 New Jersey
Avenue SE, Washington, DC 20590; telephone (202) 366-0596.
NHTSA--Steve Wood, Office of Chief Counsel, 1200 New Jersey Avenue
SE, Washington, DC 20590; telephone (202) 366-2992.
FRA-- Kathryn Gresham, Office of Chief Counsel, 1200 New Jersey
Avenue SE, Washington, DC 20590; telephone (202) 493-6063.
FTA--Chaya Koffman, Office of Chief Counsel, 1200 New Jersey Avenue
SE, Washington, DC 20590; telephone (202) 366-3101.
SLSDC--Carrie Mann Lavigne, Chief Counsel, 180 Andrews Street,
Massena, NY 13662; telephone (315) 764-3200.
PHMSA--Stephen Gordon, Office of Chief Counsel, 1200 New Jersey
Avenue SE, Washington, DC 20590; telephone (202) 366-1101.
MARAD--Gabriel Chavez, Office of Chief Counsel, Maritime
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590;
telephone (202) 366-2621.
OST--Jonathan Moss, Assistant General Counsel for Regulation, 1200
New Jersey Avenue SE, Washington, DC 20590; telephone (202) 366-4723.

Appendix C--Public Rulemaking Dockets

All comments via the internet are submitted through the Federal
Docket Management System (FDMS) at the following address: https://
www.regulations.gov. The FDMS allows the public to search, view,
download, and comment on all Federal agency rulemaking documents in one
central online system. The above referenced internet address also
allows the public to sign up to receive notification when certain
documents are placed in the dockets.
The public also may review regulatory dockets at or deliver
comments on proposed rulemakings to the Dockets Office at 1200 New
Jersey Avenue SE, Room W12-140, Washington, DC 20590, 1-800-647-5527.
Working Hours: 9:00 a.m. to 5:00 p.m.

Appendix D--Review Plans for Section 610 and Other Requirements

Part I--The Plan

General

The Department of Transportation has long recognized the importance
of regularly reviewing its existing regulations to determine whether
they need to be revised or revoked. Our Regulatory Policies and
Procedures require such reviews. We also have responsibilities under
Executive Order 12866, ``Regulatory Planning and Review,'' Executive
Order 13563, ``Improving Regulation and Regulatory Review,'' 76 FR 3821
(January 18, 2011), Executive Order 13771 ``Reducing Regulation and
Controlling Regulatory Costs,'' Executive Order 13777, ``Enforcing the
Regulatory Agenda,'' and section 610 of the Regulatory Flexibility Act
to conduct such reviews. This

[[Page 29663]]

includes the designation of a Regulatory Reform Officer, the
establishment of a Regulatory Reform Task Force, and the use of plain
language techniques in new rules and considering its use in existing
rules when we have the opportunity and resources to revise them. We are
committed to continuing our reviews of existing rules and, if it is
needed, will initiate rulemaking actions based on these reviews. The
Department began a new 10-year review cycle with the Fall 2018 Agenda.

Section 610 Review Plan

Section 610 requires that we conduct reviews of rules that: (1)
Have been published within the last 10 years; and (2) have a
``significant economic impact on a substantial number of small
entities'' (SEISNOSE). It also requires that we publish in the Federal
Register each year a list of any such rules that we will review during
the next year. The Office of the Secretary and each of the Department's
Operating Administrations have a 10-year review plan. These reviews
comply with section 610 of the Regulatory Flexibility Act.

Changes to the Review Plan

Some reviews may be conducted earlier than scheduled. For example,
to the extent resources permit, the plain language reviews will be
conducted more quickly. Other events, such as accidents, may result in
the need to conduct earlier reviews of some rules. Other factors may
also result in the need to make changes; for example, we may make
changes in response to public comment on this plan or in response to a
presidentially mandated review. If there is any change to the review
plan, we will note the change in the following Agenda. For any section
610 review, we will provide the required notice prior to the review.

Part II--The Review Process

The Analysis

Generally, the agencies have divided their rules into 10 different
groups and plan to analyze one group each year. For purposes of these
reviews, a year will coincide with the fall-to-fall schedule for
publication of the Agenda. Most agencies provide historical information
about the reviews that have occurred over the past 10 years. Thus, Year
1 (2018) begins in the fall of 2018 and ends in the fall of 2019; Year
2 (2019) begins in the fall of 2019 and ends in the fall of 2020, and
so on. The exception to this general rule is the FAA, which provides
information about the reviews it completed for this year and
prospective information about the reviews it intends to complete in the
next 10 years. Thus, for FAA Year 1 (2017) begins in the fall of 2017
and ends in the fall of 2018; Year 2 (2018) begins in the fall of 2018
and ends in the fall of 2019, and so on. We request public comment on
the timing of the reviews. For example, is there a reason for
scheduling an analysis and review for a particular rule earlier than we
have? Any comments concerning the plan or analyses should be submitted
to the regulatory contacts listed in appendix B, General Rulemaking
Contact Persons.

Section 610 Review

The agency will analyze each of the rules in a given year's group
to determine whether any rule has a SEISNOSE and, thus, requires review
in accordance with section 610 of the Regulatory Flexibility Act. The
level of analysis will, of course, depend on the nature of the rule and
its applicability. Publication of agencies' section 610 analyses listed
each fall in this Agenda provides the public with notice and an
opportunity to comment consistent with the requirements of the
Regulatory Flexibility Act. We request that public comments be
submitted to us early in the analysis year concerning the small entity
impact of the rules to help us in making our determinations.
In each fall Agenda, the agency will publish the results of the
analyses it has completed during the previous year. For rules that had
a negative finding on SEISNOSE, we will give a short explanation (e.g.,
``these rules only establish petition processes that have no cost
impact'' or ``these rules do not apply to any small entities''). For
parts, subparts, or other discrete sections of rules that do have a
SEISNOSE, we will announce that we will be conducting a formal section
610 review during the following 12 months. At this stage, we will add
an entry to the Agenda in the pre-rulemaking section describing the
review in more detail. We also will seek public comment on how best to
lessen the impact of these rules and provide a name or docket to which
public comments can be submitted. In some cases, the section 610 review
may be part of another unrelated review of the rule. In such a case, we
plan to clearly indicate which parts of the review are being conducted
under section 610.

Other Reviews

The agency will also examine the specified rules to determine
whether any other reasons exist for revising or revoking the rule or
for rewriting the rule in plain language. In each fall Agenda, the
agency will also publish information on the results of the examinations
completed during the previous year.

Part III--List of Pending Section 610 Reviews

The Agenda identifies the pending DOT section 610 Reviews by
inserting ``(Section 610 Review)'' after the title for the specific
entry. For further information on the pending reviews, see the Agenda
entries at www.reginfo.gov. For example, to obtain a list of all
entries that are in section 610 Reviews under the Regulatory
Flexibility Act, a user would select the desired responses on the
search screen (by selecting ``advanced search'') and, in effect,
generate the desired ``index'' of reviews.

Office of the Secretary

Section 610 and Other Reviews

------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR parts 91 2018 2019
through 99, 14
CFR parts 200
through 212, 48
CFR parts 1201
through 1224.
2..................... 48 CFR parts 2019 2020
1227 through
1253 and new
parts and
subparts.
3..................... 14 CFR parts 213 2020 2021
through 232.
4..................... 14 CFR parts 234 2021 2022
through 254.
5..................... 14 CFR parts 255 2022 2023
through 298 and
49 CFR part 40.
6..................... 14 CFR parts 300 2023 2024
through 373.
7..................... 14 CFR parts 374 2024 2025
through 398.
8..................... 14 CFR part 399 2025 2026
and 49 CFR
parts 1 through
15.
9..................... 49 CFR parts 17 2026 2027
through 28.
10.................... 49 CFR parts 29 2027 2028
through 39 and
parts 41
through 89.
------------------------------------------------------------------------

[[Page 29664]]

Year 10 (2017) List of Rules Analyzed and a Summary of Results
49 CFR Part 30--Denial of Public Works Contracts to Suppliers of Goods
and Services of Countries That Deny Procurement Market Access to U.S.
Contractors
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. OST's plain language review of
these rules indicates no need for substantial revision.
49 CFR Part 31--Program Fraud Civil Remedies
Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: Changes are needed to this part to remove
obsolete references; update the Civil Penalties in accordance with the
Federal Civil Penalties Inflation Adjustment Act Improvements Act of
2015 (Pub. L. 114-74, section 701), including adding reference to the
Act in the footnotes to append to the amounts of those penalties;
correct and/or remove certain phrases and terms throughout the part;
and to clarify the meaning of ``designated by the party's
representative'' found in 31.33(f)(2)(ii). OST's plain language review
of this part indicates no need for substantial revision.
49 CFR Part 32--Governmentwide Requirements for Drug-Free Workplace
(Financial Assistance)
Section 610: OST conducted review of this part and found
no SEISNOSE.
General: No changes are needed to this part of the
regulation. OST's plain language review of this part indicates no need
for substantial revision.
49 CFR Part 33--Transportation Priorities and Allocation System
Section 610: OST conducted review of this part and found
no SEISNOSE.
General: Review of this part indicates that Schedule 1 of
the appendix needs to be updated to include current approved programs.
Additionally, Form OST F 1254--Appendix I needs to be updated with an
OMB Control Number. OST's plain language review of this part indicates
no need for substantial revision.
49 CFR Part 37--Transportation Services for Individuals With
Disabilities (ADA)
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. OST's plain language review of
these rules indicates no need for substantial revision.
49 CFR Part 38--Americans With Disabilities Act (ADA) Accessibility
Specifications for Transportation Vehicles
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. OST's plain language review of
these rules indicates no need for substantial revision.
49 CFR Part 39--Transportation for Individuals With Disabilities:
Passenger Vessels
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. OST's plain language review of
these rules indicates no need for substantial revision.
49 CFR Part 41--Seismic Safety
Section 610: OST conducted review of this part and found
no SEISNOSE.
General: Review of this part indicates that this part
needs to be updated for consistency with Executive Order 13717,
February 2, 2016, which repealed the underlying Executive Order 12699.
OST's plain language review of this part indicates no need for
substantial revision.
49 CFR Part 71--Standard Time Zone Boundaries
Section 610: No SEISNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. OST's plain language review of
these rules indicates no need for substantial revision.
49 CFR Part 79--Medals of Honor
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden. OST's plain language review of
these rules indicates no need for substantial revision.
49 CFR Part 80--Credit Assistance for Surface Transportation Projects
Section 610: OST conducted a section 610 review of this
part and found no SEISNOSE
General: No changes are needed. This regulation is cost
effective and imposes the least burden. OST's plain language review of
this rule indicates no need for substantial revision.
49 CFR Part 89--Implementation of Federal Claims Collection Act
Section 610: OST conducted review of this part and found
no SEISNOSE.
General: Review of this part outlined that numerous cross-
references to statutes and regulations should be updated to ensure the
references are current and that the DOT's regulations are consistent
with those references; this includes removing any obsolete references
to regulations or statutes that have been rescinded. OST's plain
language review of this part indicates no need for substantial
revision.
Year 1 (Fall 2018) List of Rules That Will Be Analyzed During the Next
Year
49 CFR part 91--International Air Transportation Fair Competitive
Practices
49 CFR part 92--Recovering Debts to the United States by Salary Offset
49 CFR part 93--Aircraft Allocation
49 CFR part 98--Enforcement of Restrictions on Post-Employment
Activities
49 CFR part 99--Employee Responsibilities and Conduct
14 CFR part 200--Definitions and Instructions
14 CFR part 201--Air Carrier Authority under Subtitle VII of Title 49
of the United States Code [Amended]
14 CFR part 203--Waiver of Warsaw Convention Liability Limits and
Defenses
14 CFR part 204--Data to Support Fitness Determinations
14 CFR part 205--Aircraft Accident Liability Insurance
14 CFR part 206--Certificates of Public Convenience and Necessity:
Special Authorizations and Exemptions
14 CFR part 207--Charter Trips by U.S. Scheduled Air Carriers
14 CFR part 208--Charter Trips by U.S. Charter Air Carriers
14 CFR part 211--Applications for Permits to Foreign Air Carriers
14 CFR part 212--Charter Rules for U.S. and Foreign Direct Air Carriers
48 CFR part 1201--Federal Acquisition Regulations System
48 CFR part 1202--Definitions of Words and Terms
48 CFR part 1203--Improper Business Practices and Personal Conflicts of
Interest
48 CFR part 1204--Administrative Matters
48 CFR part 1205--Publicizing Contract Actions
48 CFR part 1206--Competition Requirements

[[Page 29665]]

48 CFR part 1207--Acquisition Planning
48 CFR part 1208-1210--[Reserved]
48 CFR part 1211--Describing Agency Needs
48 CFR part 1212-- [Reserved]
48 CFR part 1213--Simplified Acquisition Procedures
48 CFR part 1214--Sealed Bidding
48 CFR part 1215--Contracting by Negotiation
48 CFR part 1216--Types of Contracts
48 CFR part 1217--Special Contracting Methods
48 CFR part 1218--[Reserved]
48 CFR part 1219--Small Business Programs
48 CFR part 1220--1221--[Reserved]
48 CFR part 1222--Application of Labor Laws to Government Acquisitions
48 CFR part 1223--Environment, Energy and Water Efficiency, Renewable
Energy Technologies, Occupational Safety, and Drug-Free Workplace
48 CFR part 1224--Protection of Privacy and Freedom of Information

Federal Aviation Administration

Section 610 and Other Reviews

The Federal Aviation Administration (FAA) has elected to use the
two-step, two-year process used by most Department of Transportation
(DOT) modes in past plans. As such, the FAA has divided its rules into
10 groups as displayed in the table below. During the first year (the
``analysis year''), all rules published during the previous 10 years
within a 10% block of the regulations will be analyzed to identify
those with a significant economic impact on a substantial number of
small entities (SEISNOSE). During the second year (the ``review
year''), each rule identified in the analysis year as having a SEISNOSE
will be reviewed in accordance with Section 610(b) to determine if it
should be continued without change or changed to minimize impact on
small entities. Results of those reviews will be published in the DOT
Semiannual Regulatory Agenda.

------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 14 CFR parts 119 2018 2019
through 129 and
parts 150
through 156.
2..................... 14 CFR parts 133 2019 2020
through 139 and
parts 157
through 169.
3..................... 14 CFR parts 141 2020 2021
through 147 and
parts 170
through 187.
4..................... 14 CFR parts 189 2021 2022
through 198 and
parts 1 through
16.
5..................... 14 CFR parts 17 2022 2023
through 33.
6..................... 14 CFR parts 34 2023 2024
through 39 and
parts 400
through 405.
7..................... 14 CFR parts 43 2024 2025
through 49 and
parts 406
through 415.
8..................... 14 CFR parts 60 2025 2026
through 77.
9..................... 14 CFR parts 91 2026 2027
through 105.
10.................... 14 CFR parts 417 2027 2028
through 460.
------------------------------------------------------------------------

Background on the Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 as amended (RFA), (sections
601 through 612 of title 5, United States Code (5 U.S.C.)) requires
Federal regulatory agencies to analyze all proposed and final rules to
determine their economic impact on small entities, which includes small
businesses, small organizations, and small governmental jurisdictions.
The primary purpose of the RFA is to establish as a principle of
regulatory issuance that Federal agencies endeavor, consistent with the
objectives of the rule and applicable statutes, to fit regulatory and
informational requirements to the scale of entities subject to the
regulation. The FAA performed the required RFA analyses of each final
rulemaking action and amendment it has initiated since enactment of the
RFA in 1980.
Section 610 of 5 U.S.C. requires government agencies to
periodically review all regulations that will have a SEISNOSE. The FAA
must analyze each rule within 10 years of its publication date.
Defining SEISNOSE
The RFA does not define ``significant economic impact.'' Therefore,
there is no clear rule or number to determine when a significant
economic impact occurs. However, the Small Business Administration
(SBA) states that significance should be determined by considering the
size of the business, the size of the competitor's business, and the
impact the same regulation has on larger competitors.
Likewise, the RFA does not define ``substantial number.'' However,
the legislative history of the RFA suggests that a substantial number
must be at least one but does not need to be an overwhelming percentage
such as more than half. The SBA states that the substantiality of the
number of small businesses affected should be determined on an
industry-specific basis.
This analysis consisted of the following three steps:
1. Review of the number of small entities affected by the
amendments to parts 119 through 129 and parts 150 through 156.
2. Identification and analysis of all amendments to parts 119
through 129 and parts 150 through 156 since 2008 to determine whether
any still have or now have a SEISNOSE.
3. Review of the FAA's regulatory flexibility assessment of each
amendment performed as required by the RFA.
Year 2 (2019) List of Rules To Be Analyzed the Next Year
14 CFR part 133--Rotorcraft External-Load Operations
14 CFR part 135--Operating Requirements: Commuter and On Demand
Operations and Rules Governing Persons on Board Such Aircraft
14 CFR part 136--Commercial Air Tours and National Parks Air Tour
Management
14 CFR part 137--Agricultural Aircraft Operations
14 CFR part 139--Certification of Airports
14 CFR part 157--Notice of Construction, Alteration, Activation, and
Deactivation of Airports
14 CFR part 158--Passenger Facility Charges
14 CFR part 161--Notice and Approval of Airport Noise and Access
Restrictions
14 CFR part 169--Expenditure of Federal Funds for Nonmilitary Airports
or Air Navigation Facilities Thereon
Year 1 (2018) List of Rules Analyzed and Summary of Results
14 CFR Part 119--Certification: Air Carriers and Commercial Operators
Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.

[[Page 29666]]

14 CFR Part 120--Drug and Alcohol Testing Programs
Section 610: The agency conducted a Section 610 review of
this part and found Docket No. FAA-2008-0937, 74 FR 22653, May 14,
2009, as amended by Amendment 120-2, 79 FR 9973, Feb. 21, 2014 of
section 120.105, Employees Who Must Be Tested, and Docket No. FAA-2008-
0937, 74 FR 22653, May 14, 2009, as amended by Amendment 120-2, 79 FR
9973, Feb. 21, 2014 of section 120.215, Covered Employees in CFR 120,
trigger SEISNOSE within the meaning of the RFA.
General: No revisions are needed. The FAA has considered a
number of alternatives and has taken steps to minimize the impact on
small entities in attempts to lower compliance costs for small
entities, but could not go forward without compromising the safety for
the industry.
14 CFR Part 121--Operating Requirements: Domestic, Flag, and
Supplemental Operations
Section 610: The agency conducted a Section 610 review of
this part and found Docket No. FAA-2008-0677, 78 FR 67836, Nov. 12,
2013; Docket No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amendment
121-366, 78 FR 67836, Nov. 12, 2013; Docket No. FAA-2008-0677, 78 FR
67837, Nov. 12, 2013; Amendment 121-366, 78 FR 67837, Nov. 12, 2013; 62
FR 3739, Jan. 24, 1997, as amended by Amendment 121-366, 78 FR 67838,
Nov. 12, 2013; Docket No. FAA-2010-0100, 78 FR 42377, July 15, 2013, as
amended by Amendment 121-366, 78 FR 67839, Nov. 12, 2013; Amendment
121-357, 77 FR 402, Jan. 4, 2012; Docket No. FAA-2009-1093, 77 FR 402,
Jan. 4, 2012; Docket No. FAA-2002-12461, 71 FR 63640, Oct. 30, 2006, as
amended by Amendment 121-365, 78 FR 42379, July 15, 2013 in CFR 121
trigger SEISNOSE within the meaning of the RFA.
General: No revisions are needed. The FAA has considered a
number of alternatives and has taken steps to minimize the impact on
small entities in attempts to lower compliance costs for small
entities, but could not go forward without compromising the safety for
the industry.
14 CFR Part 125--Certification and Operations: Airplanes Having a
Seating Capacity of 20 or More Passengers or a Maximum Payload Capacity
of 6,000 Pounds or More, and Rules Governing Persons on Board Such
Aircraft
Section 610:
General:
14 CFR Part 129--Operations: Foreign Air Carriers and Foreign Operators
of U.S.-Registered Aircraft Engaged in Common Carriage
Section 610:
General:
14 CFR Part 150--Airport Noise Compatibility Planning
Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.
14 CFR Part 151--Federal Aid to Airports
Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.
14 CFR Part 152--Airport Aid Program
Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.
14 CFR Part 153--Airport Operations
Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.
14 CFR Part 155--Release of Airport Property From Surplus Property
Disposal Restrictions
Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.
14 CFR Part 156--State Block Grant Pilot Program
Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.

Federal Highway Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... None............ 2018 2019
2..................... 23 CFR parts 1 2019 2020
to 260.
3..................... 23 CFR parts 420 2020 2021
to 470.
4..................... 23 CFR part 500. 2021 2022
5..................... 23 CFR parts 620 2022 2023
to 637.
6..................... 23 CFR parts 645 2023 2024
to 669.
7..................... 23 CFR parts 710 2024 2025
to 924.
8..................... 23 CFR parts 940 2025 2026
to 973.
9..................... 23 CFR parts 2026 2027
1200 to 1252.
10.................... New parts and 2027 2028
subparts.
------------------------------------------------------------------------

Federal-Aid Highway Program
The Federal Highway Administration (FHWA) has adopted regulations
in title 23 of the CFR, chapter I, related to the Federal-Aid Highway
Program. These regulations implement and carry out the provisions of
Federal law relating to the administration of Federal aid for highways.
The primary law authorizing Federal aid for highways is chapter I of
title 23 of the U.S.C. 145, which expressly provides for a federally
assisted State program. For this reason, the regulations adopted by the
FHWA in title 23 of the CFR primarily relate to the requirements that
States must meet to receive Federal funds for construction and other
work related to highways. Because the regulations in title 23 primarily
relate to States, which are not defined as small entities under the
Regulatory Flexibility Act, the FHWA believes that its regulations in
title 23 do not have a significant economic impact on a substantial
number of small entities. The FHWA solicits public comment on this
preliminary conclusion.

[[Page 29667]]

Year 10 (Fall 2017) List of Rules Analyzed and a Summary of Results
23 CFR Part 490--National Performance Management Measures
Section 610: No SEISNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision. The FHWA
recently repealed one of the original performance measures on May 31,
2018, at 83 FR 24920.
23 CFR Part 505--Projects of National and Regional Significance
Evaluation and Rating
Section 610: No SEISNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
23 CFR Part 511--Real-Time System Management Information Program
Section 610: No SEISNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
23 CFR Part 515--Asset Management Plans
Section 610: No SEISNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
23 CFR Part 635--Subpart E--Construction Manager/General Contractor
(CM/GC) Contracting
Section 610: No SEISNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
23 CFR Part 650--Subpart E--National Tunnel Inspection Standards
Section 610: No SEISNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
23 CFR Part 667--Periodic Evaluation of Facilities Repeatedly Requiring
Repair and Reconstruction Due to Emergency Events
Section 610: No SEISNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
23 CFR Part 950--Electronic Toll Collection
Section 610: No SEISNOSE. No small entities are affected.
General: No changes are needed. These regulations are cost
effective and impose the least burden. FHWA's plain language review of
these rules indicates no need for substantial revision.
Year 1 (Fall 2018) List of Rules That Will Be Analyzed During the Next
Year
None.

Federal Motor Carrier Safety Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR parts 386 2018 2019
and 395.
2..................... 49 CFR part 385. 2019 2020
3..................... 49 CFR part 382. 2020 2021
4..................... 49 CFR parts 380 2021 2022
and 383.
5..................... 49 CFR part 387. 2022 2023
6..................... 49 CFR part 398. 2023 2024
7..................... 49 CFR part 392. 2024 2025
8..................... 49 CFR part 375. 2025 2026
9..................... 49 CFR part 367. 2026 2027
10.................... 49 CFR part 395. 2027 2028
------------------------------------------------------------------------

Year 1 (Fall 2018) List of Rules That Will Be Analyzed During the Next
Year
49 CFR Part 395--Hours of Service (HOS) of Drivers
(Note: The analysis of this regulation is continued from year 10
(fall 2017) to year 1 (fall 2018) of the new review schedule.)
Section 610: There is a SEISNOSE. The Federal HOS
regulations promote safe driving of commercial motor vehicles by
limiting on-duty driving time, thereby improving the likelihood that
drivers have adequate time for restorative rest. Although this rule
drives a SEISNOSE, it also drives significant benefits to small
business. Tangible benefits include streamlined operations, reduced
operational cost, maximized productivity, lower insurance, improved
vehicle diagnostics, reduced administrative burden, and increased
profits.
General: The regulatory value of restricting fatigue-
related operations will save lives and reduce injuries. These
regulations are written consistent with plain language guidelines, and
uses clear and unambiguous language. The Agency is currently
considering changes to the hours of service regulations that would
improve operational flexibilities for motor carriers without a
deleterious effect on safety.
49 CFR Part 386--Rules of Practice for Motor Carrier, Intermodal
Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials
Proceedings

National Highway Traffic Safety Administration

Section 610 and Other Reviews

[[Page 29668]]

5..................... 49 CFR parts 2022 2023
571.101 through
571.110, and
571.135,
571.136,
571.138 and
571.139.
6..................... 49 CFR parts 2023 2024
571.141, 529
through 578,
except parts
571 and 575.
7..................... 49 CFR parts 2024 2025
571.111 through
571.129 and 580
through 588.
8..................... 49 parts CFR 2025 2026
571.201 through
571.212.
9..................... 49 parts CFR 2026 2027
571.214 through
571.219, except
571.217.
10.................... 49 CFR parts 591 2027 2028
through 595 and
new parts and
subparts.
------------------------------------------------------------------------

Year 1 (Fall 2018) List of Rules That Will Be Analyzed During the Next
Year
49 CFR part 571.214--Side Impact Protection
49 CFR part 571.215--[Reserved]
49 CFR part 571.216--Roof Crush Resistance; Applicable Unless a Vehicle
Is Certified to 571.216a
49 CFR part 571.216a--Roof Crush Resistance; Upgraded Standard
49 CFR part 571.218--Motorcycle Helmets
49 CFR part 571.219--Windshield Zone Intrusion
49 CFR part 591--Importation of Vehicles and Equipment Subject to
Federal Safety, Bumper and Theft Prevention Standards
49 CFR part 592--Registered Importers of Vehicles Not Originally
Manufactured to Conform to the Federal Motor Vehicle Safety Standards
49 CFR part 593--Determinations That a Vehicle Not Originally
Manufactured to Conform to the Federal Motor Vehicle Safety Standards
is Eligible for Importation
49 CFR part 594--Schedule of Fees Authorized by 49 U.S.C. 30141
49 CFR part 595--Make Inoperative Exemptions

Federal Railroad Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR parts 2018 2019
200, 207, 209,
and 210.
2..................... 49 CFR parts 2019 2020
211, 212, 213,
214, and 215.
3..................... 49 CFR parts 2020 2021
216, 217, 218,
219, and 220.
4..................... 49 CFR parts 2021 2022
221, 222, 223,
224, and 225.
5..................... 49 CFR parts 2022 2023
227, 228, 229,
230, and 231.
6..................... 49 CFR parts 2023 2024
232, 233, 234,
235, and 236.
7..................... 49 CFR parts 2024 2025
237, 238, 249,
240, and 241.
8..................... 49 CFR parts 2025 2026
242, 243, 244,
250, and 256.
9..................... 49 CFR parts 2026 2027
261, 262, 264,
266, and 268.
10.................... 49 CFR parts 2027 2028
269, 270, and
272.
------------------------------------------------------------------------

Year 10 (Fall 2017) List of Rules Analyzed and a Summary of Results
49 CFR Part 213--Track Safety Standards
Section 610: This rule appears to have a significant
economic impact on a substantial number of small entities (SEISNOSE).
These small entities are approximately 735 short line railroads.
However, the FRA will conduct a formal review to identify whether
opportunities may exist to reduce the burden on small railroads without
compromising safety standards.
General: The rule prescribes minimum safety requirements
for railroad track that is part of the general railroad system of
transportation. The objective of the rule is to enhance the safety of
rail transportation, protecting both those traveling and working on the
system and those off the system who might be adversely affected by a
rail incident. FRA's plain language review of this rule indicates no
need for substantial revision.
49 CFR Part 220--Railroad Communications
Section 610: This rule has significant economic impact on
a substantial number of small entities. However, the actual burden on
most of these railroads varies because of their different operating
characteristics. Entities that are not subject to this rule include
railroads that do not operate on the general railroad system of
transportation. The communication requirements of this rule have been
designed to minimize the impact on small railroads. For instance, while
large railroads are required to have a working radio and wireless
communication redundancy in every train, small railroads are only
required to comply with this standard for trains used to transport
passengers. However, the FRA will conduct a formal review to identify
whether opportunities may exist to reduce the burden on small railroads
without compromising safety standards.
General: The rule prescribes minimum requirements
governing the use of wireless communications in connection with
railroad operations. Uniform standard communications procedures and
requirements throughout the railroad industry are necessary to ensure
the protection and safety of railroad employees and the general public,
and to minimize the number of casualties. FRA's plain language review
of this rule indicates no need for substantial revision.
49 CFR Part 230--Steam Locomotive Inspection and Maintenance Records
Section 610: There is no SEISNOSE.
General: The rule prescribes minimum Federal safety
standards of inspection and maintenance for all steam locomotive
operated on railroads. These requirements are necessary to ensure the
protection and safety of railroad employees and the general public and
to minimize the number of casualties. FRA's plain language review of
this rule indicates no need for substantial revision.
49 CFR Part 232--Brake System Safety Standards for Freight and Other
Non-Passenger Trains and Equipment; End of Train Devices
Section 610: This rule has significant economic impact on
a substantial number of small entities. About 700 small railroads are
subject to this rule. However, the actual burden on most of these small
entities varies depending on their operating characteristics. FRA is
currently evaluating this rule to determine if

[[Page 29669]]

changes need to be made because of technological developments in the
systems affected by this rule.
General: The rule prescribes minimum Federal safety
standards for freight and other non-passenger train brake systems, as
well as requirements for all trains that use end-of-train devices. This
rule governs critical safety systems of the train and therefore
continues to be needed. To FRA's knowledge, it does not overlap or
conflict with other rules. Furthermore, FRA's plain language review of
this rule indicates no need for substantial revision.
49 CFR Part 239--Passenger Train Emergency Preparedness
Section 610: There is no SEISNOSE.
General: The rule prescribes minimum Federal safety
standards for the preparation, adoption and implementation of emergency
preparedness plans by railroads. These requirements are necessary to
ensure the protection and safety of railroad passengers and employees,
as well as the general public, and to minimize the number of
casualties. FRA's plain language review of this rule indicates no need
for substantial revision.
49 CFR Part 240--Qualification and Certification of Locomotive
Engineers
Section 610: There is no SEISNOSE.
General: The purpose of this rule is to prescribes minimum
Federal safety standards for the eligibility, training, testing,
certification and monitoring of locomotive engineers. FRA's plain
language review of this rule indicates no need of substantial revision.
Year 1 (Fall 2018) List of Rules(s) That Will Be Analyzed During Next
Year
49 CFR part 200--Informal Rules of Practice for Passenger Service
49 CFR part 207--Railroad Police Officers
49 CFR part 209--Railroad Safety Enforcement Procedures
49 CFR part 210--Railroad Noise Emission Compliance

Federal Transit Administration

Section 610 and Other Reviews

The Regulatory Flexibility Act of 1980 (RFA), as amended (sections
601 through 612 of title 5, United States Code), requires Federal
regulatory agencies to analyze all proposed and final rules to
determine their economic impact on small entities, which include small
businesses, organizations, and governmental jurisdictions. Section 610
requires government agencies to periodically review all regulations
that will have a significant economic impact on a substantial number of
small entities (SEISNOSE).
In complying with this section, the Federal Transit Administration
(FTA) has elected to use the two-step, two-year process used by most
Department of Transportation (DOT) modes. As such, FTA has divided its
rules into 10 groups as displayed in the table below. During the
analysis year, the listed rules will be analyzed to identify those with
a SEISNOSE. During the review year, each rule identified in the
analysis year as having a SEISNOSE will be reviewed in accordance with
Section 610(b) to determine if it should be continued without change or
changed to minimize the impact on small entities.

------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR parts 2018 2019
604, 605, and
624.
2..................... 49 CFR parts 609 2019 2020
and 640.
3..................... 49 CFR part 633. 2020 2021
4..................... 49 CFR part 611. 2021 2022
5..................... 49 CFR part 655. 2022 2023
6..................... 49 CFR parts 602 2023 2024
and 614.
7..................... 49 CFR parts 661 2024 2025
and 663.
8..................... 49 CFR parts 2025 2026
625, 630, and
665.
9..................... 49 CFR parts 2026 2027
613, 622, 670
and 674.
10.................... 49 CFR parts 2027 2028
650, 672 and
673.
------------------------------------------------------------------------

Year 10 (2018) List of Rules Analyzed and Summary of Results
49 CFR Part 665--Bus Testing
Section 610: Pursuant to Section 20014 of the Moving Ahead
for Progress in the 21st Century Act (MAP-21), FTA issued a new pass/
fail standard and new aggregated scoring system for buses and modified
vans that are subject to FTA's bus testing program. FTA conducted a
Section 610 review of part 665, as amended (81 FR 50637, August 1,
2016), and determined that it would not result in a SEISNOSE within the
meaning of the RFA. In evaluating the likely effects of the rule, FTA
acknowledged the compliance costs to bus manufacturers, some of whom
may meet the definition of ``small entity,'' but noted that Congress
authorized FTA to pay 80% of a bus manufacturer's testing fee,
defraying the direct financial impact on these small entities.
General: No changes are needed. The regulation implements
the requirements of 49 U.S.C. 5318. FTA estimated the costs and
projected benefits of the rule and believes it is cost-effective and
imposes the least burden for statutory compliance. FTA's plain language
review of this rule indicates no need for substantial revision.
Year 1 (2019) List of Rules To Be Analyzed the Next Year
49 CFR part 604--Charter Service
49 CFR part 605--School Bus Operations
49 CFR part 624--Clean Fuels Grant Program

Maritime Administration

Section 610 and Other Reviews

[[Page 29670]]

7..................... 46 CFR parts 315 2024 2025
through 340.
8..................... 46 CFR parts 345 2025 2026
through 381.
9..................... 46 CFR parts 382 2026 2027
through 389.
10.................... 46 CFR parts 390 2027 2028
through 393.
------------------------------------------------------------------------

Year 10 (2017) List of Rules Analyzed and a Summary of Results
46 CFR Part 390--Capital Construction Fund Implementing Regulations
Section 610: There is no SEIOSNOSE.
General: The purpose of this rule is to govern the capital
construction fund program authorized by 46 U.S.C. 53501. The Agency has
determined that the rule is cost-effective and imposes the least
possible burden on small entities. MARAD's plain language review of
this rule indicates no need of substantial revision.
46 CFR Part 391--Federal Income Tax Aspects of the Capital Construction
Fund
Section 610: There is no SEIOSNOSE.
General: The purpose of this rule is to govern tax aspects
of the capital construction fund program. The Agency has determined
that the rule is cost-effective and imposes the least possible burden
on small entities. MARAD's plain language review of this rule indicates
no need of substantial revision.
46 CFR Part 392--Reserved
46 CFR Part 393--America's Marine Highway Program
Section 610 review: There is no SEIOSNOSE.
General: The Agency published a final rule to implement
statutory updates and clarify applicant procedures. MARAD's plain
language review of this rule indicated that a substantial revision to
the part was needed.
Year 1 (2018) List of Rules That Will Be Analyzed During the Next Year
46 CFR part 201--Rules of Practice And Procedure
46 CFR part 202--Procedures relating to review by Secretary of
Transportation of actions by Maritime Subsidy Board
46 CFR part 203--Procedures relating to conduct of certain hearings
under the Merchant Marine Act, 1936, as amended
46 CFR part 204--Claims against the Maritime Administration under the
Federal Tort Claims Act
46 CFR part 205--Audit Appeals; Policy and Procedure
46 CFR part 315--Agency Agreements and Appointment of Agents
46 CFR part 317--Bonding of Ship's Personnel
46 CFR part 324--Procedural Rules for Financial Transactions Under
Agency Agreements
46 CFR part 325--Procedure to Be Followed by General Agents in
Preparation of Invoices and Payment of Compensation Pursuant To
Provisions of NSA Order No. 47
46 CFR part 326--Marine Protection and Indemnity Insurance Under
Agreements with Agents
46 CFR part 327--Seamen's Claims; Administrative Action and Litigation
46 CFR part 328--Slop Chests
46 CFR part 329--Voyage Data
46 CFR part 330--Launch Services
46 CFR part 332--Repatriation of Seamen
46 CFR part 335--Authority and Responsibility of General Agents to
Undertake Emergency Repairs in Foreign Ports
46 CFR part 336--Authority and Responsibility of General Agents to
Undertake in Continental United States Ports Voyage Repairs and Service
Equipment of Vessels Operated for the Account of The National Shipping
Authority Under General Agency Agreement
46 CFR part 337--General Agent's Responsibility in Connection with
Foreign Repair Custom's Entries
46 CFR part 338--Procedure for Accomplishment of Vessel Repairs Under
National Shipping Authority Master Lump Sum Repair Contract--NSA-
Lumpsumrep
46 CFR part 339--Procedure for Accomplishment of Ship Repairs Under
National Shipping Authority Individual Contract for Minor Repairs--NSA-
Worksmalrep
46 CFR part 340--Priority Use and Allocation of Shipping Services,
Containers and Chassis, and Port Facilities and Services for National
Security and National Defense Related Operations
46 CFR part 345--Restrictions Upon the Transfer or Change in Use or In
Terms Governing Utilization of Port Facilities
46 CFR part 346--Federal Port Controllers
46 CFR part 347--Operating Contract
46 CFR part 381--Cargo Preference--U.S.-Flag Vessels
46 CFR part 382--Determination of Fair and Reasonable Rates for the
Carriage of Bulk and Packaged Preference Cargoes on U.S.-Flag
Commercial Vessels

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Section 610 and Other Reviews

------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 49 CFR part 178. 2018 2019
2..................... 49 CFR parts 178 2019 2020
through 180.
3..................... 49 CFR parts 172 2020 2021
and 175.
4..................... 49 CFR part 171, 2021 2022
sections 171.15
and 171.16.
5..................... 49 CFR parts 2022 2023
106, 107, 171,
190, and 195.
6..................... 49 CFR parts 2023 2024
174, 177, and
199.
7..................... 49 CFR parts 2024 2025
176, 191 and
192.
8..................... 49 CFR parts 172 2025 2026
and 178.
9..................... 49 CFR parts 2026 2027
172, 173, 174,
176, 177, and
193.
10.................... 49 CFR parts 173 2027 2028
and 194.
------------------------------------------------------------------------

[[Page 29671]]

Year 10 (Fall 2018) List of Rules Analyzed and a Summary of Results
49 CFR Part 173--Shippers--General Requirements for Shipments and
Packaging
Section 610: PHMSA conducted a review of this part and
found no SEISNOSE.
General: PHMSA has reviewed this part and found that while
the part does not have a SEISNOSE, it could be streamlined to reflect
new technologies and harmonize with certain international references.
Therefore, even though the review indicated that the economic impact on
small entities is not significant, PHMSA has initiated multiple new
deregulatory rulemakings to reduce the compliance burdens of part 173.
Further, PHMSA's plain language review of this part indicates no need
for substantial revision. Where confusing or wordy language has been
identified, PHMSA plans to propose revisions in the upcoming biennial
international harmonization rulemaking or other deregulatory
rulemakings.
For example, the 2137-AF32 rulemaking action is part of PHMSA's
ongoing biennial process to harmonize the HMR with international
regulations and standards. Federal law and policy strongly favor the
harmonization of domestic and international standards for hazardous
materials transportation. The Federal hazardous materials
transportation law (Federal hazmat law; 49 U.S.C. 5101 et seq.) directs
PHMSA to participate in relevant international standard-setting bodies
and promotes consistency of the HMR with international transport
standards to the extent practicable. Federal hazmat law permits PHMSA
to depart from international standards where appropriate, including to
promote safety or other overriding public interests. However, Federal
hazmat law otherwise encourages domestic and international
harmonization (see 49 U.S.C. 5120).
Harmonization facilitates international trade by minimizing the
costs and other burdens of complying with multiple or inconsistent
safety requirements for transportation of hazardous materials. Safety
is enhanced by creating a uniform framework for compliance, and as the
volume of hazardous materials transported in international commerce
continues to grow, harmonization becomes increasingly important.
The impact that the 2137-AF32 rulemaking will have on small
entities is not expected to be significant. The rulemaking will clarify
provisions based on PHMSA's initiatives and correspondence with the
regulated community and domestic and international stakeholders. The
changes are generally intended to provide relief and, as a result,
positive economic benefits to shippers, carriers, and packaging
manufacturers and testers, including small entities.
49 CFR Part 194--Response Plans for Onshore Oil Pipelines
Section 610: PHMSA conducted a Section 610 review of this
part and has initiated a regulatory reform rulemaking that includes
provisions that are expected to reduce the compliance burden of part
194. The rulemaking is considered a deregulatory action that is
expected to have the net effect of streamlining the program
requirements, established in response to the Oil Pollution Act of 1990,
by targeting the highest risk locations. The revisions are expected to
clarify that part 194 is focused on hazardous liquid pipelines that
could affect navigable waters and to create a new harm category for
lower-risk areas.
General: This part contains requirements for oil spill
response plans to reduce the environmental impact of oil discharged
from onshore oil pipelines. The regulation under this part is cost
effective and imposes the least burden.
Year 1 (Fall 2018) List of Rules That Will Be Analyzed During the Next
Year
49 CFR part 178--Specifications for Packaging

Saint Lawrence Seaway Development Corporation

Section 610 and Other Reviews

Year 1 (Fall 2018) List of Rules That Will Be Analyzed During the Next
Year
33 CFR part 401--Seaway Regulations and Rules
33 CFR part 402--Tariff of Tolls
33 CFR part 403--Rules of Procedure of the Joint Tolls Review Board

Office of the Secretary--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
143....................... + Defining Unfair or 2105-AE72
Deceptive Practices.
144....................... + Accessible Lavatories on 2105-AE88
Single-Aisle Aircraft:
Part I (Rulemaking
Resulting From a Section
610 Review).
------------------------------------------------------------------------
+ DOT-designated significant regulation

Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
145....................... Drug and Alcohol Testing 2120-AK09
of Certain Maintenance
Provider Employees
Located Outside of the
United States.
146....................... + Pilot Records Database 2120-AK31
(HR 5900).
147....................... + Requirements to File 2120-AK77
Notice of Construction of
Meteorological Evaluation
Towers and Other
Renewable Energy Projects
(Section 610 Review).

[[Page 29672]]

148....................... + Operations of Small 2120-AK85
Unmanned Aircraft Over
People.
------------------------------------------------------------------------
+ DOT-designated significant regulation

Federal Aviation Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
149....................... + Airport Safety 2120-AJ38
Management System.
------------------------------------------------------------------------
+ DOT-designated significant regulation

Federal Aviation Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
150....................... + Regulation Of Flight 2120-AJ78
Operations Conducted By
Alaska Guide Pilots.
151....................... + Applying the Flight, 2120-AK22
Duty, and Rest
Requirements to Ferry
Flights That Follow
Domestic, Flag, or
Supplemental All-Cargo
Operations
(Reauthorization).
152....................... + Applying the Flight, 2120-AK26
Duty, and Rest Rules of
14 CFR Part 135 to Tail-
End Ferry Operations (FAA
Reauthorization.
153....................... + Aircraft Registration 2120-AK37
and Airmen Certification
Fees.
154....................... + Helicopter Air Ambulance 2120-AK57
Pilot Training and
Operational Requirements
(HAA II) (FAA
Reauthorization).
155....................... + Registration and Marking 2120-AK82
Requirements for Small
Unmanned Aircraft.
------------------------------------------------------------------------
+ DOT-designated significant regulation

Federal Motor Carrier Safety Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
156....................... + Controlled Substances 2126-AC11
and Alcohol Testing:
State Driver's Licensing
Agency Downgrade of
Commercial Driver's
License (Section 610
Review).
------------------------------------------------------------------------
+ DOT-designated significant regulation

Federal Motor Carrier Safety Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
157....................... Incorporation by 2126-AC01
Reference; North American
Standard Out-of-Service
Criteria; Hazardous
Materials Safety Permits
(Section 610 Review).
------------------------------------------------------------------------

Federal Motor Carrier Safety Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
158....................... + Safety Monitoring System 2126-AA35
and Compliance Initiative
for Mexico-Domiciled
Motor Carriers Operating
in the United States.
------------------------------------------------------------------------
+ DOT-designated significant regulation

Federal Motor Carrier Safety Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
159....................... Commercial Learner's 2126-AB98
Permit Validity (Section
610 Review).
------------------------------------------------------------------------

[[Page 29673]]

Federal Railroad Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
160....................... + Train Crew Staffing and 2130-AC48
Location.
------------------------------------------------------------------------
+ DOT-designated significant regulation

Federal Railroad Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
161....................... + Passenger Equipment 2130-AC46
Safety Standards
Amendments.
------------------------------------------------------------------------
+ DOT-designated significant regulation

Saint Lawrence Seaway Development Corporation--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
162....................... Seaway Regulations and 2135-AA45
Rules: Periodic Update,
Various Categories
(Rulemaking Resulting
From a Section 610
Review).
163....................... Tariff of Tolls 2135-AA46
(Rulemaking Resulting
From a Section 610
Review).
------------------------------------------------------------------------

Pipeline and Hazardous Materials Safety Administration--Proposed Rule
Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
164....................... + Pipeline Safety: 2137-AF06
Amendments to Parts 192
and 195 to Require Valve
Installation and Minimum
Rupture Detection
Standards.
------------------------------------------------------------------------
+ DOT-designated significant regulation

Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
165....................... + Pipeline Safety: Safety 2137-AE66
of Hazardous Liquid
Pipelines.
------------------------------------------------------------------------
+ DOT-designated significant regulation

Pipeline and Hazardous Materials Safety Administration--Completed
Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
166....................... + Pipeline Safety: Issues 2137-AE93
Related to the Use of
Plastic Pipe in Gas
Pipeline Industry.
167....................... + Hazardous Materials: Oil 2137-AF08
Spill Response Plans and
Information Sharing for
High-Hazard Flammable
Trains (FAST Act).
------------------------------------------------------------------------
+ DOT-designated significant regulation

DEPARTMENT OF TRANSPORTATION (DOT)

Office of the Secretary (OST)

Proposed Rule Stage

143. +Defining Unfair or Deceptive Practices

E.O. 13771 Designation: Deregulatory.
Legal Authority: 49 U.S.C. 41712
Abstract: This rulemaking would define the phrase unfair or
deceptive practice'' found in the Department's aviation consumer
protection statute. The Department's statute is modeled after a similar
statute granting the Federal Trade Commission (FTC) the authority to
regulate unfair or deceptive practices. Using the FTC's policy
statements as a guide, the Department has found a practice to be unfair
if it causes or is likely to cause substantial harm, the harm cannot
reasonably be avoided, and the harm is not outweighed by any
countervailing benefits to consumers or to competition. Likewise, the
Department has found a practice to be deceptive if it misleads or is
likely to mislead a consumer acting reasonably under the circumstances
with respect to a material issue (one that is likely to affect the
consumer's decision with regard to a product or service). This
rulemaking would codify the Department's existing interpretation of
unfair or deceptive practice,'' and seek comment on any whether changes
are needed. The rulemaking is not expected to impose monetary costs on
regulated entities, and will benefit regulated entities by providing a
clearer understanding of the Department's interpretation of the
statute.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/19 .......................
------------------------------------------------------------------------

[[Page 29674]]

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Blane A. Workie, Assistant General Counsel,
Department of Transportation, Office of the Secretary, 1200 New Jersey
Avenue SE, Washington, DC 20590, Phone: 202-366-9342, Fax: 202-366-
7153, Email: [email protected]
RIN: 2105-AE72

144. +Accessible Lavatories on Single-Aisle Aircraft: Part I
(Rulemaking Resulting From a Section 610 Review)

E.O. 13771 Designation: Regulatory.
Legal Authority: Air Carrier Access Act, 49 U.S.C. 41705; FAA
Reauthorization Act of 2016, sec. 2108
Abstract: This rulemaking would require airlines to take steps to
improve the accessibility of lavatories on single-aisle aircraft short
of increasing the size of the lavatories. The rulemaking would ensure
the accessibility of features within an aircraft lavatory, including
but not limited to, toilet seat, assist handles, faucets, flush
control, attendant call buttons, lavatory controls and dispensers,
lavatory door sill, and door locks. The rulemaking would also consider
standards for the on-board wheelchair to improve its safety/
maneuverability and easily permit its entry into the aircraft lavatory.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.
Agency Contact: Blaine A. Workie, Assistant General Counsel,
Department of Transportation, Office of the Secretary, 1200 New Jersey
Avenue SE, Washington, DC 20590, Phone: 202 366-9342, Fax: 202 366-
7153, Email: [email protected]
RIN: 2105-AE88

BILLING CODE 4910-9X-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Proposed Rule Stage

145. Drug and Alcohol Testing of Certain Maintenance Provider Employees
Located Outside of the United States

E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 14 CFR; 49 U.S.C. 106(g); 49 U.S.C. 40113; 49
U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C. 44707; 49 U.S.C. 44709; 49
U.S.C. 44717
Abstract: This rulemaking would require controlled substance
testing of some employees working in repair stations located outside of
the United States. The intended effect is to increase participation by
companies outside of the United States in testing of employees who
perform safety critical functions and testing standards similar to
those used in the repair stations located in the United States. This
action is necessary to increase the level of safety of the flying
public. This rulemaking is a statutory mandate under section 308(d) of
the FAA Modernization and Reform Act of 2012 (Pub. L. 112-95).
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Vicky Dunne, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-8522, Email: [email protected]
RIN: 2120-AK09

146. +Pilot Records Database (HR 5900)

E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1155; 49 U.S.C. 40103;
49 U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C. 40120; 49 U.S.C. 41706; 49
U.S.C. 44101; 49 U.S.C. 44111; 49 U.S.C. 44701 to 44705; 49 U.S.C.
44709 to 44713; 49 U.S.C. 44715 to 44717; 49 U.S.C. 44722; 49 U.S.C.
45101 to 45105; 49 U.S.C. 46105; 49 U.S.C. 46306; 49 U.S.C. 46315; 49
U.S.C. 46316; 49 U.S.C. 46504; 49 U.S.C. 46507; 49 U.S.C. 47122; 49
U.S.C. 47508; 49 U.S.C. 47528 to 47531
Abstract: This rulemaking would implement a Pilot Records Database
as required by Public Law 111-216 (Aug. 1, 2010). Section 203 amends
the Pilot Records Improvement Act by requiring the FAA to create a
pilot records database that contains various types of pilot records.
These records would be provided by the FAA, air carriers, and other
persons who employ pilots. The FAA must maintain these records until it
receives notice that a pilot is deceased. Air carriers would use this
database to perform a record check on a pilot prior to making a hiring
decision.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Christopher Morris, Department of Transportation,
Federal Aviation Administration, 6500 S MacArthur Boulevard, Oklahoma
City, OK 73169, Phone: 405 954-4646, Email: [email protected]
RIN: 2120-AK31

147. +Requirements To File Notice of Construction of Meteorological
Evaluation Towers and Other Renewable Energy Projects (Section 610
Review)

E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 40103
Abstract: This rulemaking would add specific requirements for
proponents who wish to construct meteorological evaluation towers at a
height of 50 feet above ground level (AGL) up to 200 feet AGL to file
notice of construction with the FAA. This rule also requires sponsors
of wind turbines to provide certain specific data when filing notice of
construction with the FAA. This rulemaking is a statutory mandate under
section 2110 of the FAA Extension, Safety, and Security Act of 2016
(Pub. L. 114-190).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.
Agency Contact: Sheri Edgett-Baron, Air Traffic Service, Department
of Transportation, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591, Phone: 202 267-9354.
RIN: 2120-AK77

148. +Operations of Small Unmanned Aircraft Over People

E.O. 13771 Designation: Deregulatory.
Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 40101; 49 U.S.C.
40103(b); 49 U.S.C. 44701(a)(5); Pub. L. 112-95, sec. 333
Abstract: This rulemaking would address the performance-based
standards and means-of-compliance for operation of small unmanned
aircraft systems (UAS) over people not directly participating in the
operation or not under a covered structure or inside a

[[Page 29675]]

stationary vehicle that can provide reasonable protection from a
falling small unmanned aircraft. This rule would provide relief from
certain operational restrictions implemented in the Operation and
Certification of Small Unmanned Aircraft Systems final rule (RIN 2120-
AJ60).
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Guido Hassig, Department of Transportation, Federal
Aviation Administration, 1 Airport Way, Rochester, NY 14624, Phone:
585-436-3880, Email: [email protected]
RIN: 2120-AK85

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Final Rule Stage

149. +Airport Safety Management System

E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 44706; 49 U.S.C. 106(g); 49 U.S.C.
40113; 49 U.S.C. 44701 to 44706; 49 U.S.C. 44709; 49 U.S.C. 44719
Abstract: This rulemaking would require certain airport certificate
holders to develop, implement, maintain, and adhere to a safety
management system (SMS) for its aviation related activities. An SMS is
a formalized approach to managing safety by developing an organization-
wide safety policy, developing formal methods of identifying hazards,
analyzing and mitigating risk, developing methods for ensuring
continuous safety improvement, and creating organization-wide safety
promotion strategies.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Keri Lyons, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-8972, Email: [email protected]
RIN: 2120-AJ38

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Long-Term Actions

150. +Regulation of Flight Operations Conducted by Alaska Guide Pilots

E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1153; 49 U.S.C. 1155;
49 U.S.C. 40101 to 40103; 49 U.S.C. 40113; 49 U.S.C. 40120; 49 U.S.C.
44101; 49 U.S.C. 44105 to 44016; 49 U.S.C. 44111; 49 U.S.C. 44701 to
44717; 49 U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. 44903 to 44904; 49
U.S.C. 44906; 49 U.S.C. 44912; 49 U.S.C. 44914; 49 U.S.C. 44936; 49
U.S.C. 44938; 49 U.S.C. 46103; 49 U.S.C. 46105; 49 U.S.C. 46306; 49
U.S.C. 46315 to 46316; 49 U.S.C. 46504; 49 U.S.C. 46506 to 46507; 49
U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 to 47531; Articles 12
and 29 of 61 Stat. 1180; Pub. L. 106-181, sec. 732
Abstract: The rulemaking would establish regulations concerning
Alaska guide pilot operations. The rulemaking would implement
Congressional legislation and establish additional safety requirements
for the conduct of these operations. The intended effect of this
rulemaking is to enhance the level of safety for persons and property
transported in Alaska guide pilot operations. In addition, the
rulemaking would add a general provision applicable to pilots operating
under the general operating and flight rules concerning falsification,
reproduction, and alteration of applications, logbooks, reports, or
records. This rulemaking is a statutory mandate under section 732 of
the Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century, (Pub. L. 106-181).
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jeff Smith, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20785, Phone: 202 385-9615, Email: [email protected]
RIN: 2120-AJ78

151. +Applying the Flight, Duty, and Rest Requirements to Ferry Flights
That Follow Domestic, Flag, or Supplemental All-Cargo Operations
(Reauthorization)

E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C.
40119; 49 U.S.C. 41706; 49 U.S.C. 44101; 49 U.S.C. 44701; 49 U.S.C.
44702; 49 U.S.C. 44705; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49
U.S.C. 44716; 49 U.S.C. 44717
Abstract: This rulemaking would apply the flight, duty, and rest
requirements for domestic, flag and supplemental operations to ferry
flights that follow domestic, flag or supplemental all-cargo
operations. A ferry flight that follows a domestic, flag or
supplemental all-cargo operation would be subject to the same flight,
duty, and rest rules as the all-cargo operation it follows. This rule
is necessary as it would make part 121 flight, duty, and rest limits
applicable to tail-end ferry flights that follow an all-cargo
operation.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 05/00/20
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dale Roberts, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-5749, Email: [email protected]
RIN: 2120-AK22

152. +Applying the Flight, Duty, and Rest Rules of 14 CFR Part 135 to
Tail-End Ferry Operations (FAA Reauthorization)

E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1153; 49 U.S.C. 40101;
49 U.S.C. 40102; 49 U.S.C. 40103; 49 U.S.C. 40113; 49 U.S.C. 41706; 49
U.S.C. 44105; 49 U.S.C. 44106; 49 U.S.C. 44111; 49 U.S.C. 44701 to
44717; 49

[[Page 29676]]

U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. 44903; 49 U.S.C. 44904; 49
U.S.C. 44906; 49 U.S.C. 44912; 49 U.S.C. 44914; 49 U.S.C. 44936; 49
U.S.C. 44938; 49 U.S.C. 45101 to 45105; 49 U.S.C. 46103
Abstract: This rulemaking would require a flightcrew member who is
employed by an air carrier conducting operations under part 135, and
who accepts an additional assignment for flying under part 91 from the
air carrier or from any other air carrier conducting operations under
part 121 or 135, to apply the period of the additional assignment
toward any limitation applicable to the flightcrew member relating to
duty periods or flight times under part 135.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 05/00/20
------------------------------------------------------------------------

153. +Aircraft Registration and Airmen Certification Fees

E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 31 U.S.C. 9701; 4 U.S.T. 1830; 49 U.S.C. 106(f);
49 U.S.C. 106(g); 49 U.S.C. 106(l)(6); 49 U.S.C. 40104; 49 U.S.C.
40105; 49 U.S.C. 40109; 49 U.S.C. 40113; 49 U.S.C. 40114; 49 U.S.C.
44101 to 44108; 49 U.S.C. 44110 to 44113; 49 U.S.C. 44701 to 44704; 49
U.S.C. 44707; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49 U.S.C.
45102; 49 U.S.C. 45103; 49 U.S.C. 45301; 49 U.S.C. 45302; 49 U.S.C.
45305; 49 U.S.C. 46104; 49 U.S.C. 46301; Pub. L. 108-297, 118 Stat.
1095
Abstract: This rulemaking would establish fees for airman
certificates, medical certificates, and provision of legal opinions
pertaining to aircraft registration or recordation. This rulemaking
also would revise existing fees for aircraft registration, recording of
security interests in aircraft or aircraft parts, and replacement of an
airman certificate. This rulemaking addresses provisions of the FAA
Modernization and Reform Act of 2012. This rulemaking is intended to
recover the estimated costs of the various services and activities for
which fees would be established or revised.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/20
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Isra Raza, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-8994, Email: [email protected]
RIN: 2120-AK37

154. +Helicopter Air Ambulance Pilot Training and Operational
Requirements (HAA II) (FAA Reauthorization)

E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C.
40113; 49 U.S.C. 41706; 49 U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C.
44705; 49 U.S.C. 44709; 49 U.S.C. 44711 to 44713; 49 U.S.C. 44715 to
44717; 49 U.S.C. 44722; 49 U.S.C. 44730; 49 U.S.C. 45101 to 45105
Abstract: This rulemaking would develop training requirements for
crew resource management, flight risk evaluation, and operational
control of the pilot in command, as well as to develop standards for
the use of flight simulation training devices and line-oriented flight
training. Additionally, it would establish requirements for the use of
safety equipment for flight crewmembers and flight nurses. These
changes will aid in the increase in aviation safety and increase
survivability in the event of an accident. Without these changes, the
Helicopter Air Ambulance industry may continue to see the unacceptable
high rate of aircraft accidents. This rulemaking is a statutory mandate
under section 306(e) of the FAA Modernization and Reform Act of 2012
(Pub. L. 112-95).
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Chris Holliday, Department of Transportation,
Federal Aviation Administration, 801 Pennsylvania Avenue NW,
Washington, DC 20024, Phone: 202 267-4552, Email:
[email protected]
RIN: 2120-AK57

155. +Registration and Marking Requirements for Small Unmanned Aircraft

E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 106(f), 49 U.S.C. 41703, 44101 to 44106,
44110 to 44113, and 44701
Abstract: This rulemaking would provide an alternative, streamlined
and simple, web-based aircraft registration process for the
registration of small unmanned aircraft, including small unmanned
aircraft operated as model aircraft, to facilitate compliance with the
statutory requirement that all aircraft register prior to operation. It
would also provide a simpler method for marking small unmanned aircraft
that is more appropriate for these aircraft. This action responds to
public comments received regarding the proposed registration process in
the Operation and Certification of Small Unmanned Aircraft notice of
proposed rulemaking, the request for information regarding unmanned
aircraft system registration, and the recommendations from the Unmanned
Aircraft System Registration Task Force.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 12/16/15 80 FR 78593
Interim Final Rule Effective........ 12/21/15
OMB approval of information 12/21/15 80 FR 79255
collection.
Interim Final Rule Comment Period 01/15/16
End.
Next Action Undetermined.
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sara Mikolop, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-7776, Email: [email protected]
RIN: 2120-AK82

BILLING CODE 4910-13-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Proposed Rule Stage

156. +Controlled Substances and Alcohol Testing: State Driver's
Licensing Agency Downgrade of Commercial Driver's License (Section 610
Review)

E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 31136 (a); 49 U.S.C. 31305 (a); 49
U.S.C. 31306a; U.S.C. 31311(a)
Abstract: The Commercial Driver's License Drug and Alcohol
Clearinghouse (Clearinghouse) final rule (81 FR 87686 (Dec. 5, 2016),
requires State Driver Licensing Agencies

[[Page 29677]]

(SDLAs) to check the Clearinghouse before issuing, renewing,
transferring, or upgrading a Commercial Driver's License (CDL) to
determine whether the driver is qualified to operate a commercial motor
vehicle (CMV). Drivers who commit drug or alcohol testing violations
are prohibited from operating a CMV until complying with return-to-duty
requirements. FMCSA plans to propose, requirements on SDLAs to take
specific actions for individuals subject to the CMV driving
prohibition. FMCSA also looks to propose alternate additional actions
SDLAs may be required to take after receiving notice that a driver
licensed in their State is subject to the driving ban. The NPRM would
also revise how reports of actual knowledge violations, based on a
citation for Driving Under the Influence (DUI) in a CMV, would be
maintained in the Clearinghouse. These proposed changes would improve
highway safety by increasing compliance with existing drug and alcohol
program requirements.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.
Agency Contact: Juan Moya, Department of Transportation, Federal
Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366-4844, Email: [email protected]
RIN: 2126-AC11

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Final Rule Stage

157. Incorporation by Reference; North American Standard Out-of-Service
Criteria; Hazardous Materials Safety Permits (Section 610 Review)

E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 49 U.S.C. 5105; 49 U.S.C. 5109
Abstract: This action will update an existing Incorporation by
Reference (by the Commercial Vehicle Safety Alliance) of the North
American Standard Out-of-Service Criteria and Level VI Inspection
Procedures and Out-of-Service for Commercial Highway Vehicles
Transporting Transuranics and Highway Route Controlled Quantities of
Radioactive Materials as defined in 49 CFR part 173.403.
Timetable:

Regulatory Flexibility Analysis Required: No.
Agency Contact: Stephanie Dunlap, Department of Transportation,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366-3536, Email:
[email protected]
RIN: 2126-AC01

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Long-Term Actions

158. +Safety Monitoring System and Compliance Initiative for Mexico-
Domiciled Motor Carriers Operating in the United States

E.O. 13771 Designation: Regulatory.
Legal Authority: Pub. L. 107-87, sec. 350; 49 U.S.C. 113; 49 U.S.C.
31136; 49 U.S.C. 31144; 49 U.S.C. 31502; 49 U.S.C. 504; 49 U.S.C. 5113;
49 U.S.C. 521(b)(5)(A)
Abstract: This rule would implement a safety monitoring system and
compliance initiative designed to evaluate the continuing safety
fitness of all Mexico-domiciled carriers within 18 months after
receiving a provisional Certificate of Registration or provisional
authority to operate in the United States. It also would establish
suspension and revocation procedures for provisional Certificates of
Registration and operating authority, and incorporate criteria to be
used by FMCSA in evaluating whether Mexico-domiciled carriers exercise
basic safety management controls. The interim rule included
requirements that were not proposed in the NPRM, but which are
necessary to comply with the FY-2002 DOT Appropriations Act. On January
16, 2003, the Ninth Circuit Court of Appeals remanded this rule, along
with two other NAFTA-related rules, to the Agency, requiring a full
environmental impact statement and an analysis required by the Clean
Air Act. On June 7, 2004, the Supreme Court reversed the Ninth Circuit
and remanded the case, holding that FMCSA is not required to prepare
the environmental documents. FMCSA originally planned to publish a
final rule by November 28, 2003.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dolores Macias, Acting Division Chief, Department
of Transportation, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC 20590, Phone: 202 366-2995, Email:
[email protected]
RIN: 2126-AA35

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Completed Actions

159. Commercial Learner's Permit Validity (Section 610 Review)

E.O. 13771 Designation: Deregulatory.
Legal Authority: 49 U.S.C. 31305; 49 U.S.C. 31308
Abstract: This rulemaking would amend Commercial Driver's License
(CDL) regulations to allow a commercial learner's permit to be issued
for one year, without renewal. This rule would not require a State to
revise its current CLP issuance practices, unless it chooses to do so.
This change would reduce costs to CDL applicants who are unable to
complete the required training and testing within the current validity
period, with no expected negative safety benefits.
Timetable:

[[Page 29678]]

Final Rule Effective................ 12/21/18
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.
Agency Contact: Thomas Yager, Driver and Carrier Operations
Division, Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone:
202 366-4325, Email: [email protected]
RIN: 2126-AB98

BILLING CODE 4910-EX-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Long-Term Actions

160. +Train Crew Staffing and Location

E.O. 13771 Designation: Regulatory.
Legal Authority: 28 U.S.C. 2461, note; 49 CFR 1.89; 49 U.S.C.
20103; 49 U.S.C. 20107; 49 U.S.C. 21301 and 21302; 49 U.S.C. 21304
Abstract: This rule would establish requirements to appropriately
address known safety risks posed by train operations that use fewer
than two crewmembers. FRA is considering options based on public
comments on the proposed rule and other information.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kathryn Gresham, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Avenue
SE, Washington, DC 20590, Phone: 202 493-6063, Email:
[email protected]
RIN: 2130-AC48

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Completed Actions

161. +Passenger Equipment Safety Standards Amendments

E.O. 13771 Designation: Deregulatory.
Legal Authority: 49 U.S.C. 20103
Abstract: This rulemaking would update existing safety standards
for passenger rail equipment. Specifically, the rulemaking would add a
new tier of passenger equipment safety standards (Tier III) to
facilitate the safe implementation of nation-wide, interoperable, high-
speed passenger rail service at speeds up to 220 mph. The Tier III
standards require operations at speeds above 125 mph to be in an
exclusive right-of-way without grade crossings. This rule would also
establish crashworthiness and occupant protection performance
requirements as an alternative to those currently specified for Tier I
passenger trainsets. Additionally, the rule would increase from 150 mph
to 160 mph the maximum speed for passenger equipment that complies with
FRA's Tier II standards. The rule is expected to ease regulatory
burdens, allow the development of advanced technology, and increase
safety benefits.
Timetable:

BILLING CODE 4910-06-P

DEPARTMENT OF TRANSPORTATION (DOT)

Saint Lawrence Seaway Development Corporation (SLSDC)

Completed Actions

162. Seaway Regulations and Rules: Periodic Update, Various Categories
(Rulemaking Resulting From a Section 610 Review)

E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 33 U.S.C. 981 et seq.
Abstract: The Saint Lawrence Seaway Development Corporation (SLSDC)
and the St. Lawrence Seaway Management Corporation and the St. Lawrence
Seaway Management corporation (SLSMC) of Canada, under international
agreement, jointly publish and presently administer the St. Lawrence
Seaway Regulations and Rules (Practices and Procedures in Canada) in
their respective jurisdictions. Under agreement with the SLSMC, the
SLSDC is amending the joint regulations by updating the Seaway
Regulations and Rules in various categories.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 03/13/19 84 FR 8983
Final Rule Effective................ 03/30/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.
Agency Contact: Carrie Lavigne, Department of Transportation, Saint
Lawrence Seaway Development Corporation, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 315 764-3231, Email: [email protected]
RIN: 2135-AA45

163. Tariff of Tolls (Rulemaking Resulting From a Section 610 Review)

E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 33 U.S.C. 981 et seq.
Abstract: The Saint Lawrence Seaway Development corporation (SLSDC)
and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada,
under international agreement, jointly publish and presently administer
the St. Lawrence Seaway Tariff of Tolls in their respective
jurisdictions. The Tariff sets forth the level of tolls assessed on all
commodities and vessels transiting the facilities operated by the SLSDC
and the SLSMC.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 03/13/19 84 FR 8984
Final Rule Effective................ 03/30/19
------------------------------------------------------------------------

BILLING CODE 4910-61-P

[[Page 29679]]

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Proposed Rule Stage

164. +Pipeline Safety: Amendments to Parts 192 and 195 To Require Valve
Installation and Minimum Rupture Detection Standards

E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: PHMSA is proposing to revise the Pipeline Safety
Regulations applicable to newly constructed or entirely replaced
natural gas transmission and hazardous liquid pipelines to improve
rupture mitigation and shorten pipeline segment isolation times in high
consequence and select non-high consequence areas. The proposed rule
defines certain pipeline events as ``ruptures'' and outlines certain
performance standards related to rupture identification and pipeline
segment isolation. PHMSA also proposes specific valve maintenance and
inspection requirements, and 9-1-1 notification requirements to help
operators achieve better rupture response and mitigation. The rule
addresses congressional mandates, incorporate recommendations from the
National Transportation Safety Board, and are necessary to reduce the
serious consequences of large-volume, uncontrolled releases of natural
gas and hazardous liquids.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Robert Jagger, Technical Writer, Department of
Transportation, Pipeline and Hazardous Materials Safety Administration,
1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 202 366-4595,
Email: [email protected]
RIN: 2137-AF06

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Final Rule Stage

165. +Pipeline Safety: Safety of Hazardous Liquid Pipelines

E.O. 13771 Designation: Regulatory.
Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: This rulemaking amends the Pipeline Safety Regulations to
improve protection of the public, property, and the environment by
closing regulatory gaps where appropriate, and ensuring that operators
are increasing the detection and remediation of unsafe conditions, and
mitigating the adverse effects of hazardous liquid pipeline failures.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Cameron H. Satterthwaite, Transportation
Regulations Specialist, Department of Transportation, Pipeline and
Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366-8553, Email:
[email protected]
RIN: 2137-AE66

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Completed Actions

166. +Pipeline Safety: Issues Related to the Use of Plastic Pipe in Gas
Pipeline Industry

E.O. 13771 Designation: Deregulatory.
Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: PHMSA is amending the Federal Pipeline Safety Regulations
that govern the use of plastic piping systems in the transportation of
natural and other gas. These amendments are necessary to enhance
pipeline safety, adopt innovative technologies and best practices, and
respond to petitions from stakeholders. The amendments include an
increased design factor for polyethylene (PE) pipe, stronger mechanical
fitting requirements, new and updated riser standards, new accepted
uses of Polyamide-11 (PA-11) thermoplastic pipe, authorization to use
Polyamide-12 (PA-12) thermoplastic pipe and new or updated consensus
standards for pipe, fittings, and other components.
Timetable:

167. +Hazardous Materials: Oil Spill Response Plans and Information
Sharing for High-Hazard Flammable Trains (FAST Act)

E.O. 13771 Designation: Regulatory.
Legal Authority: 33 U.S.C. 1321; 49 U.S.C. 5101 et seq.
Abstract: This rulemaking expanded the applicability of
comprehensive oil spill response plans (OSRP) based on thresholds of
liquid petroleum oil that apply to an entire train consist. The
rulemaking also required railroads to share information about high-
hazard flammable train operations with state and tribal emergency
response commissions to improve community preparedness in accordance
with the Fixing America's Surface Transportation Act of 2015 (FAST
Act). Finally, the rulemaking incorporated by reference an initial
boiling point test for flammable liquids for better consistency with
the American National Standards Institute/American Petroleum Institute
Recommend Practices 3000, Classifying and Loading of Crude Oil into
Rail Tank Cars,'' First Edition, September 2014.
Timetable:

Regulatory Flexibility Analysis Required: Yes.

[[Page 29680]]

Agency Contact: Alexander Wolcott, Transportation Regulations
Specialist, Department of Transportation, Pipeline and Hazardous
Materials Safety Administration, 1200 New Jersey Avenue SE, Washington,
DC 20590, Phone: 202 366-8553, Email: [email protected]
RIN: 2137-AF08

[FR Doc. 2019-11941 Filed 6-21-19; 8:45 am]
BILLING CODE 4910-9X-P

[[Page 29681]]

Vol. 84

Monday,

No. 121

June 24, 2019

Part XII

Department of the Treasury

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

Unified Agenda

Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

[[Page 29682]]

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

DEPARTMENT OF THE TREASURY

31 CFR Subtitles A and B

Semiannual Agenda

AGENCY: Department of the Treasury.

ACTION: Semiannual regulatory agenda.

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

SUMMARY: This notice is given pursuant to the requirements of the
Regulatory Flexibility Act and Executive Order 12866 (``Regulatory
Planning and Review''), which require the publication by the Department
of a semiannual agenda of regulations.

FOR FURTHER INFORMATION CONTACT: The Agency contact identified in the
item relating to that regulation.

SUPPLEMENTARY INFORMATION: The semiannual regulatory agenda includes
regulations that the Department has issued or expects to issue and
rules currently in effect that are under departmental or bureau review.
Beginning with the fall 2007 edition, the internet has been the
primary medium for disseminating the Unified Agenda. The complete
Unified Agenda will be available online at www.reginfo.gov and
www.regulations.gov, in a format that offers users an enhanced ability
to obtain information from the Agenda database. Because publication in
the Federal Register is mandated for the regulatory flexibility agenda
required by the Regulatory Flexibility Act (5 U.S.C. 602), Treasury's
printed agenda entries include only:
(1) Rules that are in the regulatory flexibility agenda, in
accordance with the Regulatory Flexibility Act, because they are likely
to have a significant economic impact on a substantial number of small
entities; and
(2) Rules that have been identified for periodic review under
section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's Agenda
requirements. Additional information on these entries is available in
the Unified Agenda available on the internet.
The semiannual agenda of the Department of the Treasury conforms to
the Unified Agenda format developed by the Regulatory Information
Service Center (RISC).

Michael Briskin,
Deputy Assistant General Counsel for General Law and Regulation.

Customs Revenue Function--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
168....................... Enforcement of Copyrights 1515-AE26
and the Digital
Millennium Copyright Act.
------------------------------------------------------------------------

Customs Revenue Function--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
169....................... Modernized Drawback....... 1515-AE23
------------------------------------------------------------------------

Internal Revenue Service--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
170....................... Section 42 Average Income 1545-BO92
Test.
------------------------------------------------------------------------

DEPARTMENT OF THE TREASURY (TREAS)

Customs Revenue Function (CUSTOMS)

Proposed Rule Stage

168. Enforcement of Copyrights and the Digital Millennium Copyright Act

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: Not Yet Determined
Abstract: This rule amends the U.S. Customs and Border Protection
(CBP) regulations pertaining to importations of merchandise that
violate or are suspected of violating the copyright laws in accordance
with title III of the Trade Facilitation and Trade Enforcement Act of
2015 (TFTEA) and certain provisions of the Digital Millennium Copyright
Act (DMCA).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Charles Steuart, Chief, Intellectual Property
Rights Branch, Department of the Treasury, Customs Revenue Function,
Regulations and Rulings, Office of International Trade, U.S. Customs
and Border Protection, 90 K Street NE, 10th Floor, Washington, DC
20229-1177, Phone: 202 325-0093, Fax: 202 325-0120, Email:
[email protected]
RIN: 1515-AE26

DEPARTMENT OF THE TREASURY (TREAS)

Customs Revenue Function (CUSTOMS)

Completed Actions

169. Modernized Drawback

E.O. 13771 Designation: Other.
Legal Authority: 19 U.S.C. 1313
Abstract: This rule amends the U.S. Customs and Border Protection
(CBP) regulations by adding a new part 190 to implement changes to the
drawback laws contained in the Trade Facilitation and Trade Enforcement
Act of 2015. These regulations will codify the requirements under the
amended drawback statute by, among other things, requiring claims be
filed electronically, extending and standardizing timelines for filing
claims, modifying record-keeping requirements, and establishing a new
standard for substituting merchandise based on its

[[Page 29683]]

tariff classification. This document will also make technical
corrections to ensure that the regulations are up-to-date and to make
conforming changes to other regulations involving drawback.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 12/18/18 83 FR 64942
Final Rule With Exceptions Outlined 12/17/18
in Rule Effective.
Final Rule for Amendments Re: 02/19/19
Drawback of Excise Taxes Effective.
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Randy Mitchell, Phone: 202 863-6532, Email:
[email protected]
RIN: 1515-AE23

BILLING CODE 9111-14-P

DEPARTMENT OF THE TREASURY (TREAS)

Internal Revenue Service (IRS)

Proposed Rule Stage

170. Section 42 Average Income Test

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 26 U.S.C. 7805; 26 U.S.C. 42
Abstract: The Consolidated Appropriations Act of 2018 added a new
applicable minimum set-aside test under section 42(g) of the Internal
Revenue Code known as the average income test. This proposed regulation
will implement requirements related to the average income test.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dillon J. Taylor, Attorney, Department of the
Treasury, Internal Revenue Service, 1111 Constitution Avenue NW, Room
5107, Washington, DC 20224, Phone: 202 317-4137, Fax: 855 591-7867,
Email: [email protected]
RIN: 1545-BO92

[FR Doc. 2019-11942 Filed 6-21-19; 8:45 am]
BILLING CODE 4810-01-P

[[Page 29685]]

Vol. 84

Monday,

No. 121

June 24, 2019

Part XIII

Architectural and Transportation Barriers Compliance Board

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

Unified Agenda

Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

[[Page 29686]]

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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Ch. XI

Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Semiannual regulatory agenda.

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

SUMMARY: The Architectural and Transportation Barriers Compliance Board
submits the following agenda of proposed regulatory activities which
may be conducted by the agency during the next 12 months. This
regulatory agenda may be revised by the agency during the coming months
as a result of action taken by the Board.

ADDRESSES: Architectural and Transportation Barriers Compliance Board,
1331 F Street NW, Suite 1000, Washington, DC 20004-1111.

FOR FURTHER INFORMATION CONTACT: For information concerning Board
regulations and proposed actions, contact Gretchen Jacobs, General
Counsel, (202) 272-0040 (voice) or (202) 272-0062 (TTY).

David M. Capozzi,
Executive Director.

Architectural and Transportation Barriers Compliance Board--Prerule
Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
171....................... Americans With 3014-AA42
Disabilities Act (ADA)
Accessibility Guidelines
for Transportation
Vehicles; Rail Vehicles.
------------------------------------------------------------------------

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD (ATBCB)

Prerule Stage

171. Americans With Disabilities Act (ADA) Accessibility Guidelines for
Transportation Vehicles; Rail Vehicles

E.O. 13771 Designation: Other.
Legal Authority: 42 U.S.C. 12204
Abstract: This rulemaking would update the Access Board's existing
accessibility guidelines for transportation vehicles that operate on
fixed guideway systems (e.g., rapid rail, light rail, commuter rail,
and intercity rail) and are covered by the Americans with Disabilities
Act. The existing ``rail vehicles'' guidelines, which are located at 36
CFR part 1192, subparts C to F and H, were initially promulgated in
1991, and are in need of an update to, among other things, keep pace
with newer accessibility-related technologies, harmonize with recently-
developed national and international consensus standards, and
incorporate recommendations from the Board's Rail Vehicles Access
Advisory Committee's 2015 Report. Revisions or updates to the rail
vehicles guidelines would be intended to ensure that ADA-covered rail
vehicles are readily accessible to and usable by individuals with
disabilities. Compliance with any revised rail vehicles guidelines
would not be required until these guidelines are adopted by the U.S.
Department of Transportation in a separate rulemaking.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Intent to Establish 02/14/13 78 FR 10581
Advisory Committee.
Notice of Establishment of Advisory 05/23/13 78 FR 30828
Committee; Appointment of Members.
ANPRM............................... 12/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Undetermined.
Agency Contact: Gretchen Jacobs, General Counsel, Architectural and
Transportation Barriers Compliance Board, 1331 F Street NW, Suite 1000,
Washington, DC 20004-1111, Phone: 202 272-0040, TDD Phone: 202 272-
0062, Fax: 202 272-0081, Email: [email protected]
RIN: 3014-AA42

[FR Doc. 2019-11944 Filed 6-21-19; 8:45 am]
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Vol. 84

Monday,

No. 121

June 24, 2019

Part XIV

Committee for Purchase From People Who Are Blind or Severely Disabled

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Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

41 CFR Ch. 51

Semiannual Regulatory Agenda

AGENCY: Committee for Purchase From People Who Are Blind or Severely
Disabled.

ACTION: Semiannual regulatory agenda.

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

SUMMARY: This document sets forth the regulatory agenda of the
Committee for Purchase From People Who Are Blind or Severely Disabled.
This agenda is issued in accordance with Executive Order 12866 and the
Regulatory Flexibility Act. The agenda lists regulations that are
currently under development or review or that the Committee expects to
have under development or review during the next 12 months. The purpose
for publishing this agenda is to advise the public of the Committee's
current and future regulatory actions.

FOR FURTHER INFORMATION CONTACT: For further information on the agenda
in general, contact Shelly Hammond, Director, Contracting and Policy,
Committee for Purchase From People Who Are Blind or Severely Disabled,
1401 S Clark Street, Suite 715, Arlington, VA 22202; (703) 603-2127.

SUPPLEMENTARY INFORMATION: Under Executive Order 12866 (58 FR 51735,
October 4, 1993), each agency is required to prepare an agenda of all
regulations under development or review. The Regulatory Flexibility Act
(5 U.S.C. 601 to 612) has s similar agenda requirement (5 U.S.C. 602).
Under the law, the agenda must list any regulation that is likely to
have a significant economic impact on a substantial number of small
entities.
The Office of Management and Budget has issued guidelines
prescribing the form and content of the regulatory agenda. Under those
guidelines, the agenda must list all regulatory activities being
conducted or reviewed in the next 12 months and provide certain
specified information on each regulation. All of the items on this
agenda are current or projected rulemakings.

Dated: March 6, 2019.
Shelly Hammond,
Director of Contracting & Policy.

Committee for Purchase From People Who Are Blind or Severely Disabled--
Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
172....................... Significant Revisions of 3037-AA12
Part 51, Committee for
Purchase From People Who
Are Blind or Severely
Disabled (Rulemaking
Resulting From a Section
610 Review).
------------------------------------------------------------------------

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED
(CPBSD)

Proposed Rule Stage

172. Significant Revisions of Part 51, Committee for Purchase From
People Who Are Blind or Severely Disabled (Rulemaking Resulting From a
Section 610 Review)

E.O. 13771 Designation: Other.
Legal Authority: 41 U.S.C. 85
Abstract: We are issuing a notice of proposed rulemaking (NPRM) to
41 CFR 51 to address inconsistencies within the chapter or with the
Federal Acquisition Regulation addressing the Javits-Wagner-O'Day Act
or the AbilityOne Program. This rule was originally published in 1991
and these revisions will clarify the roles and responsibilities of the
Committee.
Timetable:

Regulatory Flexibility Analysis Required: No.
Agency Contact: Shelly Hammond, Director, Policy and Programs,
Committee for Purchase From People Who Are Blind or Severely Disabled,
1401 S Clark Street, Suite 715, Arlington, VA 22202, Phone: 703 603-
2127, Email: [email protected]
RIN: 3037-AA12

[FR Doc. 2019-11945 Filed 6-21-19; 8:45 am]
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Vol. 84

Monday,

No. 121

June 24, 2019

Part XV

Environmental Protection Agency

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL 9990-93-OP; EPA-HQ-OAR-2019-0168]

Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions

AGENCY: Environmental Protection Agency.

ACTION: Semiannual regulatory agenda.

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

SUMMARY: The Environmental Protection Agency (EPA) publishes the
Semiannual Agenda of Regulatory and Deregulatory Actions online at
https://www.reginfo.gov and at https://www.regulations.gov to update
the public. This document contains information about:
Regulations in the Semiannual Agenda that are under
development, completed, or canceled since the last agenda; and
Reviews of regulations with small business impacts under
Section 610 of the Regulatory Flexibility Act.

FOR FURTHER INFORMATION CONTACT: If you have questions or comments
about a particular action, please get in touch with the agency contact
listed in each agenda entry. If you have general questions about the
Semiannual Agenda, please contact: Caryn Muellerleile
([email protected]; 202-564-2855).

Table of Contents

I. Introduction
A. EPA's Regulatory Information
B. What key statutes and Executive Orders guide EPA's rule and
policymaking process?
C. How can you be involved in EPA's rule and policymaking
process?
II. Semiannual Agenda of Regulatory and Deregulatory Actions
A. What actions are included in the e-Agenda and the Regulatory
Flexibility Agenda?
B. How is the e-Agenda organized?
C. What information is in the Regulatory Flexibility Agenda and
the e-Agenda?
D. What tools are available for mining Regulatory Agenda data
and for finding more about EPA rules and policies?
III. Review of Regulations Under 610 of the Regulatory Flexibility
Act
A. Reviews of Rules With Significant Impacts on a Substantial
Number of Small Entities
B. What other special attention does EPA give to the impacts of
rules on small businesses, small governments, and small nonprofit
organizations?
IV. Thank You for Collaborating With Us

SUPPLEMENTARY INFORMATION:

I. Introduction

EPA is committed to a regulatory strategy that effectively achieves
the Agency's mission of protecting the environment and the health,
welfare, and safety of Americans while also supporting economic growth,
job creation, competitiveness, and innovation. EPA publishes the
Semiannual Agenda of Regulatory and Deregulatory Actions to update the
public about regulatory activity undertaken in support of this mission.
In the Semiannual Agenda, EPA provides notice of our plans to review,
propose, and issue regulations.
Additionally, EPA's Semiannual Agenda includes information about
rules that may have a significant economic impact on a substantial
number of small entities, and review of those regulations under the
Regulatory Flexibility Act, as amended.
In this document, EPA explains in greater detail the types of
actions and information available in the Semiannual Agenda and actions
that are currently undergoing review specifically for impacts on small
entities.

A. EPA's Regulatory Information

``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual
regulatory agenda'' all refer to the same comprehensive collection of
information that, until 2007, was published in the Federal Register.
Currently, this information is only available through an online
database, at both www.reginfo.gov/ and www.regulations.gov.
``Regulatory Flexibility Agenda'' refers to a document that
contains information about regulations that may have a significant
impact on a substantial number of small entities. We continue to
publish this document in the Federal Register pursuant to the
Regulatory Flexibility Act of 1980. This document is available at
https://www.govinfo.gov/app/collection/fr.
``Unified Regulatory Agenda'' refers to the collection of all
agencies' agendas with an introduction prepared by the Regulatory
Information Service Center facilitated by the General Service
Administration.
``Regulatory Agenda Preamble'' refers to the document you are
reading now. It appears as part of the Regulatory Flexibility Agenda
and introduces both EPA's Regulatory Flexibility Agenda and the e-
Agenda.
``610 Review'' as required by the Regulatory Flexibility Act means
a periodic review within ten years of promulgating a final rule that
has or may have a significant economic impact on a substantial number
of small entities. EPA maintains a list of these actions at https://
www.epa.gov/reg-flex/section-610-reviews. EPA is initiating one 610
review in spring 2019.

B. What key statutes and Executive Orders guide EPA's rule and
policymaking process?

A number of environmental laws authorize EPA's actions, including
but not limited to:

Clean Air Act (CAA),
Clean Water Act (CWA),
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA, or Superfund),
Emergency Planning and Community Right-to-Know Act (EPCRA),
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA),
Resource Conservation and Recovery Act (RCRA),
Safe Drinking Water Act (SDWA), and
Toxic Substances Control Act (TSCA).
Not only must EPA comply with environmental laws, but also
administrative legal requirements that apply to the issuance of
regulations, such as: The Administrative Procedure Act (APA), the
Regulatory Flexibility Act (RFA) as amended by the Small Business
Regulatory Enforcement Fairness Act (SBREFA), the Unfunded Mandates
Reform Act (UMRA), the Paperwork Reduction Act (PRA), the National
Technology Transfer and Advancement Act (NTTAA), and the Congressional
Review Act (CRA).
EPA also meets a number of requirements contained in numerous
Executive Orders: 13771, ``Reducing Regulation and Controlling
Regulatory Costs'' (82 FR 9339, Feb. 3, 2017); 12866, ``Regulatory
Planning and Review'' (58 FR 51735, Oct. 4, 1993), as supplemented by
Executive Order 13563, ``Improving Regulation and Regulatory Review''
(76 FR 3821, Jan. 21, 2011); 12898, ``Environmental Justice'' (59 FR
7629, Feb. 16, 1994); 13045, ``Children's Health Protection'' (62 FR
19885, Apr. 23, 1997); 13132, ``Federalism'' (64 FR 43255, Aug. 10,
1999); 13175, ``Consultation and Coordination with Indian Tribal
Governments'' (65 FR 67249, Nov. 9, 2000); 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).

C. How can you be involved in EPA's rule and policymaking process?

You can make your voice heard by getting in touch with the contact
person provided in each agenda entry. EPA encourages you to participate
as early in the process as possible. You may also

[[Page 29691]]

participate by commenting on proposed rules published in the Federal
Register (FR).
Instructions on how to submit your comments through https://
www.regulations.gov are provided in each Notice of Proposed Rulemaking
(NPRM). To be most effective, comments should contain information and
data that support your position and you also should explain why EPA
should incorporate your suggestion in the rule or other type of action.
You can be particularly helpful and persuasive if you provide examples
to illustrate your concerns and offer specific alternative(s) to that
proposed by EPA.
EPA believes its actions will be more cost effective and protective
if the development process includes stakeholders working with us to
help identify the most practical and effective solutions to
environmental problems. EPA encourages you to become involved in its
rule and policymaking process. For more information about EPA's efforts
to increase transparency, participation and collaboration in EPA
activities, please visit https://www.epa.gov/open.

II. Semiannual Agenda of Regulatory and Deregulatory Actions

A. What actions are included in the e-Agenda and the Regulatory
Flexibility Agenda?

EPA includes regulations in the e-Agenda. However, there is no
legal significance to the omission of an item from the agenda, and EPA
generally does not include the following categories of actions:
Administrative actions such as delegations of authority,
changes of address, or phone numbers;
Under the CAA: Revisions to state implementation plans;
equivalent methods for ambient air quality monitoring; deletions from
the new source performance standards source categories list;
delegations of authority to states; area designations for air quality
planning purposes;
Under FIFRA: Registration-related decisions, actions
affecting the status of currently registered pesticides, and data call-
ins;
Under the Federal Food, Drug, and Cosmetic Act: Actions
regarding pesticide tolerances and food additive regulations;
Under TSCA: Actions involving premanufacture notices and
follow-up activities for new chemical substances and significant new
uses, including section 5(e) Orders and specific exemptions under
sections 5(h)(4) and 26(c); and actions related to prioritization and
risk evaluations for individual or categories of existing chemical
substances under section 6;
Under RCRA: Authorization of State solid waste management
plans; hazardous waste delisting petitions;
Under the CWA: State Water Quality Standards; deletions
from the section 307(a) list of toxic pollutants; suspensions of toxic
testing requirements under the National Pollutant Discharge Elimination
System (NPDES); delegations of NPDES authority to States;
Under SDWA: Actions on State underground injection control
programs.
Meanwhile, the Regulatory Flexibility Agenda includes:
Actions likely to have a significant economic impact on a
substantial number of small entities.
Rules the Agency has identified for periodic review under
section 610 of the RFA.
EPA is initiating one 610 review in this Agenda.

B. How is the e-Agenda organized?

Online, you can choose how to sort the agenda entries by specifying
the characteristics of the entries of interest in the desired
individual data fields for both the www.reginfo.gov and
www.regulations.gov versions of the e-Agenda. You can sort based on the
following characteristics: EPA subagency (such as Office of Water);
stage of rulemaking as described in the following paragraphs;
alphabetically by title; or the Regulation Identifier Number (RIN),
which is assigned sequentially when an action is added to the agenda.
Each entry in the Agenda is associated with one of five rulemaking
stages. The rulemaking stages are:
1. Prerule Stage--EPA's prerule actions generally are intended to
determine whether the agency should initiate rulemaking. Prerulemakings
may include anything that influences or leads to rulemaking; this would
include Advance Notices of Proposed Rulemaking (ANPRMs), studies or
analyses of the possible need for regulatory action.
2. Proposed Rule Stage--Proposed rulemaking actions include EPA's
Notice of Proposed Rulemakings (NPRMs); these proposals are scheduled
to publish in the Federal Register within the next year.
3. Final Rule Stage--Final rulemaking actions are those actions
that EPA is scheduled to finalize and publish in the Federal Register
within the next year.
4. Long-Term Actions--This section includes rulemakings for which
the next scheduled regulatory action (such as publication of a NPRM or
final rule) is twelve or more months into the future. We urge you to
explore becoming involved even if an action is listed in the Long-Term
category.
5. Completed Actions--EPA's completed actions are those that have
been promulgated and published in the Federal Register since
publication of the fall 2018 Agenda. The term completed actions also
includes actions that EPA is no longer considering and has elected to
``withdraw'' and also the results of any RFA section 610 reviews.

C. What information is in the Regulatory Flexibility Agenda and the e-
Agenda?

The Regulatory Flexibility Agenda entries include only the nine
categories of information that are required by the Regulatory
Flexibility Act of 1980 and by Federal Register Agenda printing
requirements: Sequence Number, RIN, Title, Description, Statutory
Authority, Section 610 Review, if applicable, Regulatory Flexibility
Analysis Required, Schedule and Contact Person. Note that the
electronic version of the Agenda (E-Agenda) replicates each of these
actions with more extensive information, described below.
E-Agenda entries include:
Title: A brief description of the subject of the regulation. The
notation ''Section 610 Review'' follows the title if we are reviewing
the rule as part of our periodic review of existing rules under section
610 of the RFA (5 U.S.C. 610).
Priority: Each entry is placed into one of the five following
categories:
a. Economically Significant: Under Executive Order 12866, a
rulemaking that may have an annual effect on the economy of $100
million or more, or 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.
b. Other Significant: A rulemaking that is not economically
significant but is considered significant for other reasons. This
category includes rules that may:
1. Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
2. Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients; or
3. Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles in Executive
Order 12866.

[[Page 29692]]

c. Substantive, Nonsignificant: A rulemaking that has substantive
impacts but is not Significant, Routine and Frequent, or Informational/
Administrative/Other.
d. Routine and Frequent: A rulemaking that is a specific case of a
recurring application of a regulatory program in the Code of Federal
Regulations (e.g., certain State Implementation Plans, National
Priority List updates, Significant New Use Rules, State Hazardous Waste
Management Program actions, and Pesticide Tolerances and Tolerance
Exemptions). If an action that would normally be classified Routine and
Frequent is reviewed by the Office of Management and Budget (OMB) under
Executive Order 12866, then we would classify the action as either
``Economically Significant'' or ``Other Significant.''
e. Informational/Administrative/Other: An action that is primarily
informational or pertains to an action outside the scope of Executive
Order 12866.
Executive Order 13771 Designation: Each entry is placed into one of
the following categories:
a. Deregulatory: When finalized, an action is expected to have
total costs less than zero;
b. Regulatory: The action is either
(i) a significant regulatory action as defined in section 3(f) of
Executive Order 12866, or
(ii) a significant guidance document (e.g., significant
interpretive guidance) reviewed by OMB's Office of Information and
Regulatory Affairs (OIRA) under the procedures of Executive Order 12866

that, when finalized, is expected to impose total costs greater
than zero;
c. Fully or Partially Exempt: The action has been granted, or is
expected to be granted, a full or partial waiver under one or more of
the following circumstances:
(i) It is expressly exempt by Executive Order 13771 (issued with
respect to a ``military, national security, or foreign affairs function
of the United States''; or related to ``agency organization,
management, or personnel''), or
(ii) it addresses an emergency such as critical health, safety,
financial, or non-exempt national security matters (offset requirements
may be exempted or delayed), or
(iii) it is required to meet a statutory or judicial deadline
(offset requirements may be exempted or delayed), or
(iv) expected to generate de minimis costs;
d. Not subject to, not significant: Is a NPRM or final rule AND is
neither an Executive Order 13771 regulatory action nor an Executive
Order 13771 deregulatory action;
e. Other: At the time of designation, either the available
information is too preliminary to determine E.O. 13771 status or other
reasonable circumstances preclude a preliminary Executive Order 13771
designation.
f. Independent agency: Is an action an independent agency
anticipates issuing and thus is not subject to Executive Order 13771.
Major: A rule is ``major'' under 5 U.S.C. 801 (Pub. L. 104-121) 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.
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, the agency prepare a written statement on
federal mandates addressing costs, benefits, and intergovernmental
consultation.
Legal Authority: The sections of the United States Code (U.S.C.),
Public Law (Pub. L.), Executive Order (E.O.), or common name of the law
that authorizes the regulatory action.
CFR Citation: The sections of the Code of Federal Regulations that
would be affected by the action.
Legal Deadline: An indication of whether the rule is subject to a
statutory or judicial deadline, the date of that deadline, and whether
the deadline pertains to a Notice of Proposed Rulemaking, a Final
Action, or some other action.
Abstract: A brief description of the problem the action will
address.
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 05/00/20 means the
agency is predicting the month and year the action will take place but
not the day it will occur. For some entries, the timetable indicates
that the date of the next action is ``to be determined.''
Regulatory Flexibility Analysis Required: Indicates whether EPA has
prepared or anticipates preparing a regulatory flexibility analysis
under section 603 or 604 of the RFA. Generally, such an analysis is
required for proposed or final rules subject to the RFA that EPA
believes may have a significant economic impact on a substantial number
of small entities.
Small Entities Affected: Indicates whether the rule is anticipated
to have any effect on small businesses, small governments or small
nonprofit organizations.
Government Levels Affected: Indicates whether the rule may have any
effect on levels of government and, if so, whether the affected
governments are State, local, tribal, or Federal.
Federalism Implications: Indicates whether the action is expected
to 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.
Energy Impacts: Indicates whether the action is a significant
energy action under Executive Order 13211.
Sectors Affected: Indicates the main economic sectors regulated by
the action. The regulated parties are identified by their North
American Industry Classification System (NAICS) codes. These codes were
created by the Census Bureau for collecting, analyzing, and publishing
statistical data on the U.S. economy. There are more than 1,000 NAICS
codes for sectors in agriculture, mining, manufacturing, services, and
public administration.
International Trade Impacts: Indicates whether the action is likely
to have international trade or investment effects, or otherwise be of
international interest.
Agency Contact: The name, address, phone number, and email address,
if available, of a person who is knowledgeable about the regulation.
Additional Information: Other information about the action
including docket information.
URLs: For some actions, the internet addresses are included for
reading copies of rulemaking documents, submitting comments on
proposals, and getting more information about the rulemaking and the
program of which it is a part. (Note: To submit comments on proposals,
you can go to the associated electronic docket, which is housed at
www.regulations.gov. Once there, follow the online instructions to
access the docket in question and submit comments. A docket
identification [ID] number will assist in the search for materials.)
RIN: The Regulation Identifier Number is used by OMB to identify
and track rulemakings. The first four digits of the RIN identify the
EPA office with lead responsibility for developing the action.

[[Page 29693]]

D. What tools are available for mining Regulatory Agenda data and for
finding more about EPA rules and policies?

1. Federal Regulatory Dashboard
The https://www.reginfo.gov/ searchable database, maintained by the
Regulatory Information Service Center and OIRA, allows users to view
the Regulatory Agenda database (https://www.reginfo.gov/public/do/
eAgendaMain), which includes search, display, and data transmission
options.

2. Subject Matter EPA websites

Some actions listed in the Agenda include a URL for an EPA-
maintained website that provides additional information about the
action.
3. Deregulatory Actions and Regulatory Reform
EPA maintains a list of its deregulatory actions under development,
as well as those that are completed, at https://www.epa.gov/laws-
regulations/epa-deregulatory-actions. Additional information about
EPA's regulatory reform activity is available to the public at https://
www.epa.gov/laws-regulations/regulatory-reform.
4. Public Dockets
When EPA publishes either an Advance Notice of Proposed Rulemaking
(ANPRM) or a Notice of Proposed Rulemaking (NPRM) in the Federal
Register, the Agency typically establishes a docket to accumulate
materials developed throughout the development process for that
rulemaking. The docket serves as the repository for the collection of
documents or information related to that particular Agency action or
activity. EPA most commonly uses dockets for rulemaking actions, but
dockets may also be used for RFA section 610 reviews of rules with
significant economic impacts on a substantial number of small entities
and for various non-rulemaking activities, such as Federal Register
documents seeking public comments on draft guidance, policy statements,
information collection requests under the PRA, and other non-rule
activities. Docket information should be in that action's agenda entry.
All of EPA's public dockets can be located at www.regulations.gov.

III. Review of Regulations Under 610 of the Regulatory Flexibility Act

A. Reviews of Rules With Significant Impacts on a Substantial Number of
Small Entities

Section 610 of the RFA requires that an agency review, within 10
years of promulgation, each rule that has or will have a significant
economic impact on a substantial number of small entities. At this
time, EPA is initiating one 610 review.

--------------------------------------------------------------------------------------------------------------------------------------------------------
Review title RIN Docket ID No. Status
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 610 Review of Renewable Fuels Standard 2060-AU44 EPA-HQ-OAR-2019-0168 Initiated.
Program.
--------------------------------------------------------------------------------------------------------------------------------------------------------

EPA has established an official public docket for this 610 review.
Comments received on this 610 review can be submitted at https://
www.regulations.gov/ with docket identification number EPA-HQ-OAR-2019-
0168.

B. What other special attention does EPA give to the impacts of rules
on small businesses, small governments, and small nonprofit
organizations?

For each of EPA's rulemakings, consideration is given to whether
there will be any adverse impact on any small entity. EPA attempts to
fit the regulatory requirements, to the extent feasible, to the scale
of the businesses, organizations, and governmental jurisdictions
subject to the regulation.
Under the RFA as amended by SBREFA, the Agency must prepare a
formal analysis of the potential negative impacts on small entities,
convene a Small Business Advocacy Review Panel (proposed rule stage),
and prepare a Small Entity Compliance Guide (final rule stage) unless
the Agency certifies a rule will not have a significant economic impact
on a substantial number of small entities. For more detailed
information about the Agency's policy and practice with respect to
implementing the RFA/SBREFA, please visit EPA's RFA/SBREFA website at
www.epa.gov/reg-flex.

IV. Thank You for Collaborating With Us

Finally, we would like to thank those of you who choose to join
with us in making progress on the complex issues involved in protecting
human health and the environment. Collaborative efforts such as EPA's
open rulemaking process are a valuable tool for addressing the problems
we face, and the regulatory agenda is an important part of that
process.

Dated: March 11, 2019.
Brittany Bolen,
Associate Administrator, Office of Policy.

10--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
173....................... Section 610 Review of 2060-AU44
Renewable Fuels Standard
Program (Section 610
Review).
------------------------------------------------------------------------

35--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
174....................... Review of Dust-Lead Hazard 2070-AJ82
Standards and the
Definition of Lead-Based
Paint.
------------------------------------------------------------------------

[[Page 29694]]

35--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
175....................... N-Methylpyrrolidone; 2070-AK46
Regulation of Certain
Uses Under TSCA Section
6(a).
------------------------------------------------------------------------

35--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
176....................... Methylene Chloride; 2070-AK07
Regulation of Paint and
Coating Removal for
Consumer Use Under TSCA
Section 6(a).
------------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY (EPA)

Prerule Stage

173. Section 610 Review of Renewable Fuels Standard Program
(Section 610 Review)

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 5 U.S.C. 610
Abstract: This notice indicates that EPA will review this action
pursuant to section 610 of the Regulatory Flexibility Act (5 U.S.C.
610). As part of this review, EPA would consider and solicit comments
on the following factors: (1) The continued need for the rule; (2) the
nature of complaints or comments received concerning the rule; (3) the
complexity of the rule; (4) the extent to which the rule overlaps,
duplicates, or conflicts with other Federal, State, or local government
rules; and (5) the degree to which the technology, economic conditions
or other factors.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 03/26/10 75 FR 14669
Begin Review........................ 05/00/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.
Agency Contact: Julia Burch, Environmental Protection Agency,
Office of Air and Radiation, 1200 Pennsylvania Ave. NW, Washington, DC
20460, Phone: 202 564-0961, Email: [email protected]
Jessica Mroz, Environmental Protection Agency, Office of Air and
Radiation, 1200 Pennsylvania Ave. NW, Washington, DC 20460, Phone: 202
564-1094, Email: [email protected]
RIN: 2060-AU44

ENVIRONMENTAL PROTECTION AGENCY (EPA)

Final Rule Stage

174. Review of Dust-Lead Hazard Standards and the Definition of Lead-
Based Paint

E.O. 13771 Designation: Regulatory.
Legal Authority: 15 U.S.C. 2681, TSCA 401; 15 U.S.C. 2682; 15
U.S.C. 2683, TSCA 403; 15 U.S.C. 2684
Abstract: Addressing childhood lead exposure is a priority for EPA.
As part of EPA's efforts to reduce childhood lead exposure, EPA
evaluated the current dust-lead hazard standards (DLHS) and the
definition of lead-based paint (LBP). Based on this evaluation, EPA
proposed to change the dust-lead hazard standards from 40 [mu]g/ft\2\
and 250 [mu]g/ft\2\ to 10 [mu]g/ft\2\ and 100 [mu]g/ft\2\ on floors and
window sills, respectively. These standards apply to most pre-1978
housing and child-occupied facilities, such as day care centers and
kindergarten facilities. In addition, EPA proposed to make no change to
the definition of lead-based paint because the Agency currently lacks
sufficient information to support such a change. The proposed rule was
issued in compliance with the December 27, 2017, decision of the Ninth
Circuit, and the subsequent March 26, 2018, order that directed the EPA
``to issue a proposed rule within ninety (90) days from the filed date
of this order''. EPA is reviewing the comments received and developing
a final rule.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John Yowell, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, Mail Code 7404T,
Washington, DC 20460, Phone: 202 564-1213, Email: [email protected]
Marc Edmonds, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7404T, Washington, DC 20460, Phone: 202 566-0758, Email:
[email protected]
RIN: 2070-AJ82

ENVIRONMENTAL PROTECTION AGENCY (EPA)

Long-Term Actions

175. N-Methylpyrrolidone; Regulation of Certain Uses Under TSCA Section
6(a)

E.O. 13771 Designation: Regulatory.
Legal Authority: 15 U.S.C. 2605, Toxic Substances Control Act
Abstract: Section 6(a) of the Toxic Substances Control Act provides
authority for EPA to ban or restrict the manufacture (including
import), processing, distribution in commerce, and use of chemical
substances, as well as any manner or method of disposal. Section
26(l)(4) of TSCA authorizes EPA to issue rules under TSCA section 6 for
chemicals listed in the 2014 update to the TSCA Work Plan for Chemical
Assessments for which EPA published completed risk assessments prior to
June 22, 2016, consistent with the scope of the completed risk
assessment. N-methylpyrrolidone (NMP) is used in paint and coating
removal in commercial processes and consumer products. In the March
2015 TSCA Work Plan Chemical Risk Assessment for NMP, EPA characterized
risks from use of this chemical in paint and coating removal. On
January 19, 2017, EPA preliminarily determined that the use of NMP in
paint and coating removal poses an unreasonable risk of injury to
health.

[[Page 29695]]

EPA also co-proposed two options for NMP in paint and coating removal.
The first co-proposal would prohibit the manufacture, processing, and
distribution in commerce of NMP for all consumer and most commercial
paint and coating removal and the use of NMP for most commercial paint
and coating removal. The second co-proposal would require commercial
users of NMP for paint and coating removal to establish a worker
protection program and not use paint and coating removal products that
contain greater than 35% NMP by weight, with certain exceptions; and
require processors of products containing NMP for paint and coating
removal to reformulate products such that they do not exceed 35% NMP by
weight, to identify gloves that provide effective protection for the
formulation, and to provide warnings and instructions on any paint and
coating removal products containing NMP. In the final rule for
methylene chloride in consumer paint and coating removal (RIN 2070-
AK07), EPA explained that the Agency was not finalizing the proposed
regulation for NMP as part of that action. NMP use in paint and coating
removal will be incorporated into the risk evaluation currently being
conducted under TSCA section 6(b).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/17/17 82 FR 7464
-----------------------------------
Final Rule.......................... To Be Determined
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Niva Kramek, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania
Avenue NW, Mail Code 7405M, Washington, DC 20460, Phone: 202 564-4830,
Email: [email protected]
Joel Wolf, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7405M, Washington, DC 20460, Phone: 202 564-0432, Email:
[email protected]
RIN: 2070-AK46

ENVIRONMENTAL PROTECTION AGENCY (EPA)

Completed Actions

176. Methylene Chloride; Regulation of Paint and Coating Removal for
Consumer Use Under TSCA Section 6(a)

E.O. 13771 Designation: Regulatory.
Legal Authority: 15 U.S.C. 2605, Toxic Substances Control Act; 15
U.S.C. 2625, TSCA 26
Abstract: Section 6(a) of the Toxic Substances Control Act provides
authority for EPA to ban or restrict the manufacture (including
import), processing, distribution in commerce, and use of chemical
substances, as well as any manner or method of disposal. Section
26(l)(4) of TSCA authorizes EPA to publish proposed and final rules
under TSCA section 6(a) that are consistent with the scope of completed
TSCA Work Plan chemical risk assessments completed before June 22, 2016
and that are consistent with other applicable requirements of TSCA
section 6. Methylene chloride is used in paint and coating removal in
commercial processes and consumer products. In the August 2014 TSCA
Work Plan Chemical Risk Assessment for methylene chloride, EPA
characterized risks from use of these chemicals in paint and coating
removal. On January 19, 2017, EPA preliminarily determined that the use
of methylene chloride in paint and coating removal poses an
unreasonable risk of injury to health. EPA also proposed prohibitions
and restrictions on the manufacture, processing, and distribution in
commerce of methylene chloride for all consumer and most types of
commercial paint and coating removal and on the use of methylene
chloride in commercial paint and coating removal in specified sectors.
In the final rule published on March 27, 2019, EPA determined that the
use of methylene chloride in consumer paint and coating removal
presents an unreasonable risk of injury to health due to acute human
lethality but, exercising its discretion under section 26(l)(4), EPA
did not finalize such a determination concerning the use of methylene
chloride in commercial paint and coating removal and did not finalize
that portion of the proposed rule. To address the unreasonable risk to
consumers of acute human lethality, the final rule prohibits the
manufacture (including import), processing, and distribution in
commerce of methylene chloride for consumer paint and coating removal,
including distribution to and by retailers; requires manufacturers
(including importers), processors, and distributors, except for
retailers, of methylene chloride for any use to provide downstream
notification of these prohibitions; and requires the retention of
certain records. While EPA proposed to identify the use of methylene
chloride in commercial furniture refinishing as presenting an
unreasonable risk, EPA intends to further evaluate this and other
commercial paint and coating removal uses and develop an appropriate
regulatory risk management approach under the process for risk
evaluations for existing chemicals under TSCA. Although N-
methylpyrrolidone (NMP) was included in the January 2017 proposed rule,
EPA intends to address NMP use in paint and coating removal in the risk
evaluation for NMP and to consider any resulting risk reduction
requirements in a separate regulatory action (RIN 2070-AK46).
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Joel Wolf, Environmental Protection Agency, Office
of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue
NW, Mail Code 7405M, Washington, DC 20460, Phone: 202 564-0432, Email:
[email protected]
RIN: 2070-AK07

[FR Doc. 2019-11858 Filed 6-21-19; 8:45 am]
BILLING CODE 6560-50-P

[[Page 29697]]

Vol. 84

Monday,

No. 121

June 24, 2019

Part XVI

General Services Administration

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Unified Agenda

Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

[[Page 29698]]

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GENERAL SERVICES ADMINISTRATION

40 CFR 1900

41 CFR Chapters 101, 102, 105, 300, 301, 302, and 304

48 CFR Chapter 5

48 CFR 6101 and 6102

Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY: General Services Administration (GSA).

ACTION: Semiannual regulatory agenda.

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

This agenda announces the proposed regulatory actions that GSA
plans for the next 12 months and those completed since the fall 2018
edition. This agenda was developed under the guidelines of Executive
Orders (E.O.) 12866 ``Regulatory Planning and Review,'' as amended,
Executive Order 13771 ``Reducing Regulation and Controlling Regulatory
Costs,'' and Executive Order 13563 ``Improving Regulation and
Regulatory Review.'' GSA's purpose in publishing this agenda is to
allow interested persons an opportunity to participate in the
rulemaking process.
This agenda updates the report published on October 17, 2018, and
includes regulations expected to be issued and under review over the
next 12 months. The next agenda is scheduled to be published in the
fall of 2019.
The complete Unified Agenda will be available online at
www.reginfo.gov.
Because publication in the Federal Register is mandated for the
regulatory flexibility agendas required by the Regulatory Flexibility
Act (5 U.S.C. 602), GSA's printed agenda entries include only:
(1) Rules that are in the Agency's regulatory flexibility agenda,
in accordance with the Regulatory Flexibility Act, because they are
likely to have a significant economic impact on a substantial number of
small entities; and
(2) Any rules that the Agency has identified for periodic review
under section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's Agenda
requirements. Additional information on these entries is in the Unified
Agenda available online.

FOR FURTHER INFORMATION CONTACT: Lois Mandell, Division Director,
Regulatory Secretariat Division, 1800 F Street NW, 2nd Floor,
Washington, DC 20405-0001, 202-501-2735.

Dated: March 4, 2019.
Jessica Salmoiraghi,
Associate Administrator, Office of Government-wide Policy.

General Services Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
177....................... General Services 3090-AJ84
Acquisition Regulation
(GSAR); GSAR Case 2016-
G511, Contract
Requirements for GSA
Information Systems.
------------------------------------------------------------------------

General Services Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
178....................... GSAR Case 2008-G517, 3090-AI68
Cooperative Purchasing--
Acquisition of Security
and Law Enforcement
Related Goods and
Services (Schedule 84) by
State and Local
Governments Through
Federal Supply Schedules.
179....................... General Services 3090-AJ41
Administration
Acquisition Regulation
(GSAR); GSAR Case 2013-
G502, Federal Supply
Schedule Contract
Administration.
180....................... General Services 3090-AJ64
Administration
Acquisition Regulation
(GSAR); GSAR Case 2015-
G506, Adoption of
Construction Project
Delivery Method Involving
Early Industry Engagement.
181....................... Federal Permitting 3090-AJ88
Improvement Steering
Council (FPISC); FPISC
Case 2018-001; Fees for
Governance, Oversight,
and Processing of
Environmental Reviews and
Authorizations.
------------------------------------------------------------------------

General Services Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
182....................... General Services 3090-AJ63
Administration
Acquisition Regulation
(GSAR); GSAR Case 2015-
G503, Construction
Contract Administration.
183....................... General Services 3090-AJ85
Administration
Acquisition Regulation
(GSAR); GSAR Case 2016-
G515, Cyber Incident
Reporting.
184....................... General Services 3090-AK03
Administration
Acquisition Regulation
(GSAR); GSAR Case 2019-
G501, Ordering Procedures
for Commercial e-Commerce
Portals.
185....................... General Services 3090-AK04
Administration
Acquisition Regulation
(GSAR); GSAR Case 2019-
G502, Contractual
Arrangements for
Commercial e-Commerce
Portals.
------------------------------------------------------------------------

[[Page 29699]]

GENERAL SERVICES ADMINISTRATION (GSA)

Office of Acquisition Policy

Proposed Rule Stage

177. General Services Acquisition Regulation (GSAR); GSAR Case 2016-
G511, Contract Requirements for GSA Information Systems

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c)
Abstract: The General Services Administration (GSA) is proposing to
amend the General Services Administration Acquisition Regulation (GSAR)
to streamline and update requirements for contracts that involve GSA
information systems. GSA's unique policies on cybersecurity and other
information technology requirements have been previously communicated
through other means. By incorporating these requirements into the GSAR,
the GSAR will provide centralized guidance to ensure consistent
application across the organization. Integrating these requirements
into the GSAR will also allow industry to provide public comments
through the rulemaking process.
GSA's cybersecurity requirements mandate contractors protect the
confidentiality, integrity, and availability of unclassified GSA
information and information systems from cybersecurity vulnerabilities,
and threats in accordance with the Federal Information Security
Modernization Act of 2014 and associated Federal cybersecurity
requirements. This rule will require contracting officers to
incorporate applicable GSA cybersecurity requirements within the
statement of work to ensure compliance with Federal cybersecurity
requirements and implement best practices for preventing cyber
incidents. These GSA requirements mandate applicable controls and
standards (e.g., U.S. National Institute of Standards and Technology,
U.S. National Archive and Records Administration Controlled
Unclassified Information standards).
Contract requirements for internal information systems, external
contractor systems, cloud systems, and mobile systems will be covered
by this rule. This rule will also update existing GSAR provision
552.239-70, Information Technology Security Plan and Security
Authorization and GSAR clause 552.239-71, Security Requirements for
Unclassified Information Technology Resources to only require the
provision and clause when the contract will involve information or
information systems connected to a GSA network.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michelle Bohm, Contract Specialist, General
Services Administration, 100 S. Independence Mall W Room: 9th Floor,
Philadelphia, PA 19106-2320, Phone: 215 446-4705, Email:
[email protected]
RIN: 3090-AJ84

GENERAL SERVICES ADMINISTRATION (GSA)

Office of Acquisition Policy

Final Rule Stage

178. GSAR Case 2008-G517, Cooperative Purchasing--Acquisition of
Security and Law Enforcement Related Goods and Services (Schedule 84)
by State and Local Governments Through Federal Supply Schedules

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 40 U.S.C. 502(c)(1)(B)
Abstract: The General Services Administration (GSA) is amending the
General Services Administration Acquisition Regulation (GSAR) to
implement Public Law 110-248, The Local Preparedness Acquisition Act.
The Act authorizes the Administrator of General Services to provide for
the use by State or local governments of Federal Supply Schedules of
the GSA for alarm and signal systems, facility management systems,
firefighting and rescue equipment, law enforcement and security
equipment, marine craft and related equipment, special purpose
clothing, and related services (as contained in Federal supply
classification code group 84 or any amended or subsequent version of
that Federal supply classification group).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 09/19/08 73 FR 54334
Interim Final Rule Comment Period 11/18/08 .......................
End.
Final Rule.......................... 05/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Thomas O'Linn, Procurement Analyst, General
Services Administration, 1800 F Street NW, Washington, DC 20405, Phone:
202 445-0390, Email: [email protected]
RIN: 3090-AI68

179. General Services Administration Acquisition Regulation (GSAR);
GSAR Case 2013-G502, Federal Supply Schedule Contract Administration

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c)
Abstract: The General Services Administration (GSA) is amending the
General Services Administration Acquisition Regulation (GSAR) to
clarify and update the contracting by negotiation GSAR section and
incorporate existing Federal Supply Schedule Contracting policies and
procedures, and corresponding provisions and clauses.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dana L. Bowman, Procurement Analyst, General
Services Administration, 1800 F Street NW, Washington, DC 20405, Phone:
202 357-9652, Email: [email protected]
RIN: 3090-AJ41

180. General Services Administration Acquisition Regulation (GSAR);
GSAR Case 2015-G506, Adoption of Construction Project Delivery Method
Involving Early Industry Engagement

E.O. 13771 Designation: Deregulatory.
Legal Authority: 40 U.S.C. 121(c)
Abstract: The General Services Administration (GSA) is proposing to
amend the General Services Administration Acquisition Regulation (GSAR)
to adopt an additional project delivery method for construction,
construction manager as constructor (CMc). The current FAR and GSAR
lacks detailed coverage differentiating various construction project
delivery methods. GSA's policies on CMc have been previously issued
through other means. By incorporating CMc into the GSAR and
differentiating for various construction methods, the GSAR will provide
centralized guidance to ensure consistent application of construction
project principles across the organization. Integrating these
requirements into the GSAR will also allow industry to provide public
comments through the rulemaking process.
Timetable:

[[Page 29700]]

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Tony Hubbard, Procurement Analyst, General Services
Administration, 1800 F Street NW, Washington, DC 20405, Phone: 202 357-
5810, Email: [email protected]
RIN: 3090-AJ64

Office of Governmentwide Policy

181. Federal Permitting Improvement Steering Council (FPISC); FPISC
Case 2018-001; Fees for Governance, Oversight, and Processing of
Environmental Reviews and Authorizations

E.O. 13771 Designation: Other.
Legal Authority: 42 U.S.C. 4370m-8
Abstract: GSA proposes to establish a fee structure to reimburse
the Federal Permitting Improvement Steering Council and its Office of
the Executive Director for reasonable costs incurred in coordinating
environmental reviews and authorizations in implementing title 41 of
the Fixing America's Surface Transportation Act. GSA will issue this
regulation on behalf of the Federal Permitting Improvement Steering
Council.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Amber Dawn Levofsky, Program Analyst, General
Services Administration, 1800 F Street NW, Room 3017, Washington, DC
20405-0001, Phone: 202 969-7298, Email: [email protected]
RIN: 3090-AJ88

GENERAL SERVICES ADMINISTRATION (GSA)

Completed Actions

182. General Services Administration Acquisition Regulation (GSAR);
GSAR Case 2015-G503, Construction Contract Administration

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c)
Abstract: This final rule amends the General Services
Administration Acquisition Regulation (GSAR) coverage on construction
contracts, including provisions and clauses for solicitations and
resultant contracts, to clarify, update, and incorporate existing
construction contract administration procedures.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 02/13/19 84 FR 3714
Final Rule Effective................ 03/15/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Tony Hubbard, Phone: 202 357-5810, Email:
[email protected]
RIN: 3090-AJ63

183. General Services Administration Acquisition Regulation (GSAR);
GSAR Case 2016-G515, Cyber Incident Reporting

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c)
Abstract: We are withdrawing because active FAR cases will provide
sufficient policy on this issue. GSA supplemental guidance is not
necessary.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Withdrawn........................... 02/21/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kevin Funk, Phone: 202 357-5805, Email:
[email protected]
RIN: 3090-AJ85

184. General Services Administration Acquisition Regulation (GSAR);
GSAR CASE 2019-G501, Ordering Procedures for Commercial E-Commerce
Portals

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 41 U.S.C. 1901 note
Abstract: GSA is withdrawing this case. GSA has determined that
regulatory changes to support the e-Commerce Portal are more
appropriate after the proof-of-concept phase for this program has been
completed.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Withdrawn........................... 02/14/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Matthew McFarland, Phone: 301 758-5880, Email:
[email protected]
RIN: 3090-AK03

185. General Services Administration Acquisition Regulation (GSAR);
GSAR CASE 2019-G502, Contractual Arrangements for Commercial E-Commerce
Portals

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Withdrawn........................... 02/14/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Matthew McFarland, Phone: 301 758-5880, Email:
[email protected]
RIN: 3090-AK04

[FR Doc. 2019-11859 Filed 6-21-19; 8:45 am]
BILLING CODE 6820-14-P

[[Page 29701]]

Vol. 84

Monday,

No. 121

June 24, 2019

Part XVII

National Aeronautics and Space Administration

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Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

[[Page 29702]]

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Ch. V

Regulatory Agenda

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Semiannual regulatory agenda.

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

SUMMARY: This agenda announces the proposed regulatory actions NASA
plans for the next 12 months and those completed since the fall 2018
edition. This agenda was developed under the guidelines of Executive
Orders (E.O.) 12866 ``Regulatory Planning and Review,'' as amended,
Executive Order 13771 ``Reducing Regulation and Controlling Regulatory
Costs,'' and Executive Order 13563 ``Improving Regulation and
Regulatory Review.'' The purpose in publishing this agenda is to allow
interested persons an opportunity to participate in the rulemaking
process. Members of the public may submit comments on individual
proposed and interim final rulemakings at www.regulations.gov during
the comment period that follows publication in the Federal Register.
This agenda updates the report published on October 17, 2018 and next
agenda is scheduled for publication in the fall of 2019. The complete
Unified Agenda is available online at www.reginfo.gov.

ADDRESSES: Deputy Associate Administrator, Office of the Mission
Support Directorate, NASA Headquarters, Washington, DC 20546.

FOR FURTHER INFORMATION CONTACT: Cheryl E. Parker, (202) 358-0252.

SUPPLEMENTARY INFORMATION: OMB guidelines dated February 7, 2019,
``Spring 2019 Unified Agenda of Federal Regulatory and Deregulatory
Actions,'' require a regulatory agenda of those regulations under
development and review to be published in the Federal Register each
spring and fall.

Dated: March 6, 2019.
Verron M. Brade,
Deputy Associate Administrator, Office of the Mission Support
Directorate.

National Aeronautics and Space Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
186....................... Uniform Administrative 2700-AE49
Requirements, Cost
Principles, and Audit
Requirements for Federal
Awards (Section 610
Review) (Section 610
Review).
------------------------------------------------------------------------

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA)

Final Rule Stage

186. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (Section 610 Review) (Section 610
Review)

E.O. 13771 Designation: Deregulatory.
Legal Authority: 51 U.S.C. 20113
Abstract: In December 2014, OMB together with NASA and the other
Federal awarding agencies, issued a joint interim rule to implement the
new guidance at 2 CFR 200 titled ``Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards (Uniform
Guidance).'' OMB used the rulemaking procedure when promulgating this
common rule on grants and cooperative agreements and required each
agency to adopt OMB's common rule on grants and cooperative agreements
These revisions fulfill OMB guidance.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Direct Final Rule................... 05/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.
Agency Contact: Antanese N. Crank, National Aeronautics and Space
Administration, 300 E Street, SW, Washington, DC 20546, Phone: 202 358-
4683, Email: [email protected]
RIN: 2700-AE49

[FR Doc. 2019-11860 Filed 6-21-19; 8:45 am]
BILLING CODE 7510-13-P

[[Page 29703]]

Vol. 84

Monday,

No. 121

June 24, 2019

Part XVIII

Railroad Retirement Board

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Unified Agenda

Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

[[Page 29704]]

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RAILROAD RETIREMENT BOARD

20 CFR Ch. II

Semiannual Agenda of Regulations Under Development or Review

AGENCY: Railroad Retirement Board.

ACTION: Semiannual regulatory agenda.

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

SUMMARY: This agenda contains a list of regulations that the Board is
developing or proposes to develop in the next 12 months and regulations
that are scheduled to be reviewed in that period.

ADDRESSES: 844 North Rush Street, Chicago, IL 60611-1275.

FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, Assistant
General Counsel, Office of General Counsel, Railroad Retirement Board,
(312) 751-4945, Fax (312) 751-7102, TDD (312) 751-4701.

SUPPLEMENTARY INFORMATION: Regulations that are routine in nature or
which pertain solely to internal Agency management have not been
included in the agenda.

Dated: March 5, 2019.

By Authority of the Board.
Stephanie Hillyard,
Secretary to the Board.

Railroad Retirement Board--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
187....................... Proposed Amendment to 3220-AB72
Update the Titles of
Various Executive
Committee Members Whose
Office Titles Have
Changed (Section 610
Review).
188....................... Enforcement of 3220-AB73
Nondiscrimination on the
Basis of Handicap in
Programs or Activities
Conducted by the Railroad
Retirement Board (Section
610 Review).
------------------------------------------------------------------------

RAILROAD RETIREMENT BOARD (RRB)

Long-Term Actions

187. Proposed Amendment to Update the Titles of Various Executive
Committee Members Whose Office Titles Have Changed (Section 610 Review)

E.O. 13771 Designation: Regulatory.
Legal Authority: Not Yet Determined
Abstract: The Railroad Retirement Board proposes to amend its
regulations to update 20 CFR 375.5(b), which will change the titles of
various Executive Committee members whose office titles have changed.
The Railroad Retirement Board (Board) proposes to amend its regulations
governing the Board's policy on delegation of authority in case of
national emergency. The regulation to be amended is contained in
section 375.5. In section 375.5(b) of the Board's regulations, the
Board proposes to remove the language that refers to the ``Director of
Supply and Service'' and the ``Regional Directors,'' to update the
title of Director of Administration to ``Director of Administration/
COOP Executive,'' and to add the positions of ``Chief Financial
Officer'' and ``Director of Field Service'' to the delegation of
authority chain. Finally, the delegation of authority chain will be
updated to reflect the addition of the updated titles and the removal
of outdated positions.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Proposed Rule....................... 05/00/20 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.
Agency Contact: Marguerite P. Dadabo, Assistant General Counsel,
Railroad Retirement Board, Office of General Counsel, 844 North Rush
Street, Room 811, Chicago, IL 60611, Phone: 312 751-4945, TDD Phone:
312 751-4701, Fax: 312 751-7102.
RIN: 3220-AB72

188. Enforcement of Nondiscrimination on the Basis of Handicap
in Programs or Activities Conducted by the Railroad Retirement Board
(Section 610 Review)

E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 29 U.S.C. 794
Abstract: We propose to amend our regulations at 20 CFR part 365 to
update terminology to refer to individuals with a disability. This
amendment replaces the term ``handicap'' with the term ``disability''
to match the statutory language in the Rehabilitation Act Amendment of
1992, Public Law 102-569, 106 Stat. 4344.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Proposed Rule....................... 05/00/20 .......................
------------------------------------------------------------------------

[FR Doc. 2019-11861 Filed 6-21-19; 8:45 am]
BILLING CODE 7905-01-P

[[Page 29705]]

Vol. 84

Monday,

No. 121

June 24, 2019

Part XIX

Small Business Administration

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Unified Agenda

Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

[[Page 29706]]

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SMALL BUSINESS ADMINISTRATION

13 CFR Ch. I

Semiannual Regulatory Agenda

AGENCY: U.S. Small Business Administration (SBA).

ACTION: Semiannual regulatory agenda.

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

SUMMARY: This semiannual Regulatory Agenda (Agenda) is a summary of
current and projected regulatory and deregulatory actions and completed
actions of the Small Business Administration (SBA). This summary
information is intended to enable the public to be more aware of, and
effectively participate in, SBA's regulatory and deregulatory
activities. Accordingly, SBA invites the public to submit comments on
any aspect of this Agenda.

FOR FURTHER INFORMATION CONTACT:

General

Please direct general comments or inquiries to Imelda A. Kish, Law
Librarian; U.S. Small Business Administration, 409 Third Street SW,
Washington, DC 20416; (202) 205-6849, [email protected]

Specific

Please direct specific comments and inquiries on individual
regulatory activities identified in this Agenda to the individual
listed in the summary of the regulation as the point of contact for
that regulation.

SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (RFA)
requires SBA to publish in the Federal Register a semiannual regulatory
flexibility agenda describing those Agency rules that are likely to
have a significant economic impact on a substantial number of small
entities (5 U.S.C. 602). The summary information published in the
Federal Register is limited to those rules. Additional information
regarding all of the rulemakings SBA expects to consider in the next 12
months is included in the Federal Government's complete Regulatory
Agenda, which will be available online at www.reginfo.gov in a format
that offers users enhanced ability to obtain information about SBA's
rules.
SBA is fully committed to implementing the Administration's
regulatory reform policies, as established by Executive Order 13771,
Reducing Regulation and Controlling Regulatory Costs (January 30, 2017)
and Executive Order 13777, Enforcing the Regulatory Reform Agenda
(February 24, 2017). In order to fully implement the goal of these
executive orders, SBA seeks feedback from the public in identifying any
SBA regulations affected parties believe impose unnecessary burdens or
costs that exceed their benefits; eliminate jobs or inhibit job
creation; or are ineffective or outdated.

Linda E. McMahon,
Administrator.

Small Business Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
189....................... Small Business Development 3245-AE05
Center Program Revisions.
190....................... Small Business Size 3245-AG16
Standards; Alternative
Size Standard for 7(a),
504, and Disaster Loan
Programs.
191....................... Women-Owned Small Business 3245-AG75
and Economically
Disadvantaged Women-Owned
Small Business--
Certification.
192....................... Small Business Size 3245-AG88
Standards: Educational
Services; Health Care and
Social Assistance; Arts,
Entertainment and
Recreation; Accommodation
and Food Services; Other
Services.
193....................... Small Business Size 3245-AG89
Standards: Agriculture,
Forestry, Fishing and
Hunting; Mining,
Quarrying, and Oil and
Gas Extraction;
Utilities; Construction.
194....................... Small Business Size 3245-AG90
Standards: Transportation
and Warehousing;
Information; Finance and
Insurance; Real Estate
and Rental and Leasing.
195....................... Small Business Size 3245-AG91
Standards: Professional,
Scientific and Technical
Services; Management of
Companies and
Enterprises;
Administrative and
Support, Waste Management
and Remediation Services.
196....................... Regulatory Reform 3245-AG98
Initiative: Streamlining
and Modernizing the 7(a),
Microloan, and 504 Loan
Programs to Reduce
Unnecessary Regulatory
Burden.
197....................... Small Business Size 3245-AH09
Standards: Manufacturing
and Industries With
Employee Based Size
Standards in Other
Sectors Except Wholesale
Trade and Retail Trade.
198....................... Small Business Size 3245-AH10
Standards: Wholesale
Trade and Retail Trade.
199....................... Small Business Size 3245-AH16
Standards: Calculation of
Annual Average Receipts.
200....................... Small Business HUBZone 3245-AG38
Program and Government
Contracting Programs.
201....................... Small Business Timber Set- 3245-AG69
Aside Program.
202....................... National Defense 3245-AG86
Authorization Acts of
2016 and 2017, RISE After
Disaster Act of 2015, and
Other Small Business
Government Contracting
Amendments.
203....................... Streamlining and 3245-AG97
Modernizing Certified
Development Company
Program (504 Loan
Program) Corporate
Governance Requirements.
204....................... Small Business Size 3245-AH17
Standards: Adjustment of
Monetary Based Size
Standards for Inflation.
------------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION (SBA)

Proposed Rule Stage

189. Small Business Development Center Program Revisions

E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 634(b)(6); 15 U.S.C. 648
Abstract: Updates the Small Business Development Center (SBDC)
program regulations by proposing to amend: (1) Procedures for approving
applications for new Host SBDCs; (2) approval procedures for travel
outside the continental U.S. and U.S. territories; (3) procedures and
requirements regarding findings and disputes resulting from financial
exams, programmatic reviews, accreditation reviews, and other SBA
oversight activities; (4) requirements for new or renewal applications
for SBDC grants, including electronic submission through the approved
electronic Government submission facility; (5) procedures regarding the
determination to affect suspension, termination or non-renewal of an
SBDC's cooperative agreement; and (6) provisions regarding the
collection and use of the individual SBDC client data.
Timetable:

[[Page 29707]]

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Bruce D. Purdy, Deputy Associate Administrator for
Small Business Development Centers, Small Business Administration, 409
Third Street SW, Washington, DC 20416, Phone: 202 205-7532, Email:
[email protected]
RIN: 3245-AE05

190. Small Business Size Standards; Alternative Size Standard for 7(a),
504, and Disaster Loan Programs

E.O. 13771 Designation: Other.
Legal Authority: Pub. L. 111-240, sec. 1116
Abstract: SBA will propose amendments its size eligibility criteria
for Business Loans, certified development company (CDC) loans under
title V of the Small Business Investment Act (504) and economic injury
disaster loans (EIDL). For the SBA 7(a) Business Loan Program and the
504 program, the amendments will provide an alternative size standard
for loan applicants that do not meet the small business size standards
for their industries. The Small Business Jobs Act of 2010 (Jobs Act)
established alternative size standards that apply to both of these
programs until SBA's Administrator establishes other alternative size
standards. For the disaster loan program, the amendments will provide
an alternative size standard for loan applicants that do not meet the
Small Business Size Standard for their industries. SBA loan program
alternative size standards do not affect other Federal Government
programs, including Federal procurement.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dr. Khem Raj Sharma, Chief, Office of Size
Standards, Small Business Administration, 409 Third Street SW,
Washington, DC 20416, Phone: 202 205-7189, Fax: 202 205-6390, Email:
[email protected]
RIN: 3245-AG16

191. Women-Owned Small Business and Economically Disadvantaged Women-
Owned Small Business--Certification

E.O. 13771 Designation: Other.
Legal Authority: Pub. L. 113-291, sec. 825; 15 U.S.C. 637(m)
Abstract: Section 825 of the National Defense Authorization Act for
Fiscal Year 2015 (NDAA), Public Law 113-291, 128 Stat. 3292, Dec. 19,
2014, included language requiring that women-owned small business
concerns and economically disadvantaged Women-Owned Small Business
concerns are certified by a Federal agency, a State government, the
Administrator, or national certifying entity approved by the
Administrator as a small business concern owned and controlled by
women. This rule will propose the standards and procedures for
participation in this certification program. This rule will also
propose to revise the procedures for continuing eligibility, program
examinations, protests, and appeals. The proposed revisions will
reflect public comments that SBA received in response to the Advanced
Notice of Proposed Rulemaking that the agency issued in December 2016
to solicit feedback on implementation of the program. Finally, SBA is
planning to continue to utilize new technology to improve its
efficiency and decrease small business burdens, and therefore, the new
certification procedures will be based on an electronic application and
certification process.
Timetable:

192. Small Business Size Standards: Educational Services; Health Care
and Social Assistance; Arts, Entertainment and Recreation;
Accommodation and Food Services; Other Services

E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a)
Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires
SBA to conduct every five years a detailed review of all size standards
and to make appropriate adjustments to reflect market conditions. As
part of the second five-year review of size standards under the Jobs
Act, in this proposed rule, SBA will evaluate size standards for all
industries in North American Industry Classification System (NAICS)
Sector 61 (Educational Services), Sector 62 (Health Care and Social
Assistance), Sector 71 (Arts, Entertainment and Recreation), Sector 72
(Accommodation and Food Services), and Sector 81 (Other Services) and
make necessary adjustments to size standards in these sectors. This is
one of a series of proposed rules that will examine groups of NAICS
sectors. SBA will apply its Size Standards Methodology to this proposed
rule.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/19 .......................
------------------------------------------------------------------------

193. Small Business Size Standards: Agriculture, Forestry, Fishing and
Hunting; Mining, Quarrying, and Oil and Gas Extraction; Utilities;
Construction

E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a)
Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires
SBA to conduct every five years a detailed review of all size standards
and to make appropriate adjustments to reflect market conditions. As
part of the second five-year review of size standards under the Jobs
Act, in this proposed rule, SBA will evaluate each industry that has a
receipts-based standard in North American Industry Classification
System (NAICS) Sector 11 (Agriculture, Forestry, Fishing and Hunting),
Sector 21 (Mining, Quarrying, and Oil and Gas Extraction), Sector 22
(Utilities), and Sector 23 (Construction), and make necessary
adjustments to size standards in these sectors. This is one of a series
of proposed rules that will examine groups of NAICS sectors. SBA will
apply its Size Standards Methodology to this proposed rule.
Timetable:

[[Page 29708]]

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/19 .......................
------------------------------------------------------------------------

194. Small Business Size Standards: Transportation and Warehousing;
Information; Finance and Insurance; Real Estate and Rental and Leasing

E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a)
Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires
SBA to conduct every five years a detailed review of all size standards
and to make appropriate adjustments to reflect market conditions. As
part of the second five-year review of size standards under the Jobs
Act, in this proposed rule, SBA will evaluate each industry that has a
receipts-based standard in North American Industry Classification
System (NAICS) Sector 48-49 (Transportation and Warehousing), Sector 51
(Information), Sector 52 (Finance and Insurance), and Sector 53 (Real
Estate and Rental and Leasing) and make necessary adjustments to size
standards in these sectors. This is one of a series of proposed rules
that will examine groups of NAICS sectors. SBA will apply its Size
Standards Methodology to this proposed rule.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/19 .......................
------------------------------------------------------------------------

195. Small Business Size Standards: Professional, Scientific and
Technical Services; Management of Companies and Enterprises;
Administrative and Support, Waste Management and Remediation Services

E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a)
Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires
SBA to conduct every five years a detailed review of all size standards
and to make appropriate adjustments to reflect market conditions. As
part of the second five-year review of size standards under the Jobs
Act, in this proposed rule, SBA will evaluate each industry that has a
receipts-based standard in North American Industry Classification
System (NAICS) Sector 54 (Professional, Scientific and Technical
Services), Sector 55 (Management of Companies and Enterprises), and
Sector 56 (Administrative and Support, Waste Management and Remediation
Services) and make necessary adjustments to size standards in these
sectors. This is one of a series of proposed rules that will examine
groups of NAICS sectors. SBA will apply its Size Standards Methodology
to this proposed rule.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/19 .......................
------------------------------------------------------------------------

196. Regulatory Reform Initiative: Streamlining and Modernizing the
7(a), Microloan, and 504 Loan Programs To Reduce Unnecessary Regulatory
Burden

E.O. 13771 Designation: Deregulatory.
Legal Authority: 15 U.S.C. 636(a); 15 U.S.C. 636(m); 15 U.S.C. 695
et seq.
Abstract: SBA is proposing to streamline the regulations in part
120 of chapter 13 of the Code of Federal Regulations that apply to the
7(a), Microloan, and 504 Loan Programs by eliminating or revising the
provisions that are obsolete, ineffective, burdensome, or unnecessary.
The proposed changes include removing or revising regulations related
to programs that are either no longer in effect or have not been funded
for many years, such as the America's Recovery Capital Loan Program,
certain 7(a) direct loans to small businesses, or the veteran's direct
loan program; and clarifying the factors that SBA will consider when
seeking the appointment of a receiver and the scope of the receivership
with respect to Certified Development Companies, Small Business Lending
Companies, and Non-Federally Regulated Lenders.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Linda Reilly, Chief, 504 Loan Program, Small
Business Administration, 409 Third Street SW, Washington, DC 20416,
Phone: 202 205-9949, Email: [email protected]
RIN: 3245-AG98

197. Small Business Size Standards: Manufacturing and
Industries With Employee Based Size Standards in Other Sectors Except
Wholesale Trade and Retail Trade

E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a)
Abstract: The Small Business Jobs Act of 2010 (Jobs Act) requires
SBA to conduct every five years a detailed review of all size standards
and to make appropriate adjustments to reflect market conditions. As
part of the second 5-year review of size standards under the Jobs Act,
in this proposed rule, SBA will evaluate all industries in North
American Industry Classification System (NAICS) Sector 31-33
(Manufacturing) and industries with employee based size standards in
other sectors except Wholesale Trade and Retail Trade and make
necessary adjustments to their size standards. This is one of a series
of proposed rules that will examine groups of NAICS sectors. SBA will
apply its revised Size Standards Methodology, which is available on its
website at https://www.sba.gov/size, to this proposed rule.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/19 .......................
------------------------------------------------------------------------

198. Small Business Size Standards: Wholesale Trade and Retail
Trade

[[Page 29709]]

5-year review of size standards under the Jobs Act, in this proposed
rule, SBA will evaluate all industries in North American Industry
Classification System (NAICS) Sector 42 (Wholesale Trade) and Sector
44-45 (Retail Trade) and make necessary adjustments to their size
standards. This is one of a series of proposed rules that will examine
groups of NAICS sectors. SBA will apply its revised Size Standards
Methodology, which is available on its website at https://www.sba.gov/
size, to this proposed rule.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/19 .......................
------------------------------------------------------------------------

199. Small Business Size Standards: Calculation of Annual
Average Receipts

E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 632(a); Pub. L. 115-32
Abstract: On December 17, 2018, the President signed the Small
Business Runway Extension Act (Pub. L. 115-32), which amended Section
3(a)(2)(C)(ii)(II) of the Small Business Act (15 U.S.C.
632(a)(2)(C)(ii)(II) by changing calculating average annual receipts
for size standard purposes. This rulemaking is to implement the new law
by changing the period for calculating annual average revenue receipts
for receipts based size standards from three (3) years to five (5)
years in 13 CFR 121.104.
The Small Business Act (15 U.S.C. 632(a)) delegates to SBA's
Administrator the responsibility for establishing, reviewing, and
updating small business definitions, commonly referred to as size
standards. The Small Business Runway Extension Act amended the Small
Business Act, changing the period for calculating average annual
receipts from three (3) years to five (5) years.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/19 .......................
------------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION (SBA)

Final Rule Stage

200. Small Business Hubzone Program and Government Contracting Programs

E.O. 13771 Designation: Deregulatory.
Legal Authority: 15 U.S.C. 657a
Abstract: SBA has been reviewing its processes and procedures for
implementing the HUBZone program and has determined that several of the
regulations governing the program should be amended in order to resolve
certain issues that have arisen. As a result, the rule would constitute
a comprehensive revision of part 126 of SBA's regulations to clarify
current HUBZone Program regulations, and implement various new
procedures. The amendments will make it easier for participants to
comply with the program requirements and enable them to maximize the
benefits afforded by participation. In developing this rule, SBA will
focus on the principles of Executive Orders 12866, 13771, and 13563 to
determine whether portions of regulations should be modified,
streamlined, expanded or repealed to make the HUBZone program more
effective and/or less burdensome on small business concerns. At the
same time, SBA will maintain a framework that helps identify and reduce
waste, fraud, and abuse in the program.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Art Collins, Acting Director, Office of HUBZone,
Small Business Administration, 409 3rd Street SW, Washington, DC 20416,
Phone: 202 205-6285, Email: [email protected]
RIN: 3245-AG38

201. Small Business Timber Set[dash]Aside Program

E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 631; 15 U.S.C. 644(a)
Abstract: The U.S. Small Business Administration (SBA or Agency) is
amending its Small Business Timber Set-Aside Program (the Program)
regulations. The Small Business Timber Set-Aside Program is rooted in
the Small Business Act, which tasked SBA with ensuring that small
businesses receive a fair proportion of the total sales of government
property. Accordingly, the Program requires Timber sales to be set
aside for small business when small business participation falls below
a certain amount. SBA considered comments received during the Advance
Notice of Proposed Rulemaking and Notice of Proposed Rulemaking
processes, including on issues such as, but not limited to, whether the
saw timber volume purchased through stewardship timber contracts should
be included in calculations, and whether the appraisal point used in
set-aside sales should be the nearest small business mill. In addition,
SBA is considering data from the timber industry to help evaluate the
current program and economic impact of potential changes.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: David W. Loines, Area Director, Office of
Government Contracting, Small Business Administration, 409 Third Street
SW, Washington, DC 20416, Phone: 202 205-7311, Email:
[email protected]
RIN: 3245-AG69

202. National Defense Authorization Acts of 2016 and 2017, Rise After
Disaster Act of 2015, and Other Small Business Government Contracting
Amendments

E.O. 13771 Designation: Regulatory.
Legal Authority: 15 U.S.C. 637(d)(17); Pub. L. 114-328, sec. 1811,
sec. 1821; Pub. L. 114-92, sec. 863; Pub. L. 114-88, sec. 2108
Abstract: Section 1811 of the of the National Defense Authorization
Act

[[Page 29710]]

(NDAA) for Fiscal Year 2017, Public Law 114-328, Dec. 23, 2016, (NDAA)
of 2017 limits the scope of review of Procurement Center
Representatives for certain Department of Defense procurements
performed outside of the United States. Section 1821 of the NDAA of
2017 establishes that failure to act in good faith in providing timely
subcontracting reports shall be considered a material breach of the
contract. Section 863 of the NDAA for FY 2016, Public Law 114-92, Nov.
25, 2015, establishes procedures for the publication of acquisition
strategies if the acquisition involves consolidation or substantial
bundling. This rule also addresses changes requested by industry or
other agencies, including those pertaining to exclusions from
calculating compliance with the limitations on subcontracting, an
agency's ability to set aside orders under set-aside contracts, and a
contracting officer's authority to request reports on a prime
contractor's compliance with the limitations on subcontracting. Section
2108 of Public Law 114-88 provides agencies with double credit when
they award to a local small business in a disaster area.
Timetable:

203. Streamlining and Modernizing Certified Development Company Program
(504 Loan Program) Corporate Governance Requirements

E.O. 13771 Designation: Other.
Legal Authority: 15 U.S.C. 695 et seq.
Abstract: SBA is proposing to simplify, streamline, and update
SBA's regulations relating to CDC operational and organizational
requirements in order to improve efficiencies and achieve costs savings
without compromising performance in the 504 Loan Program. The proposed
changes include lowering the number of directors required for the CDC's
Board; clarifying that members of the Board must live or work in the
CDC's Area of Operations; eliminating the requirement that one Board
member represent the economic, community or workforce development
fields; eliminating the requirement that limits the number of Board
members in the commercial lending field to less than 50 percent of the
Board; increasing the 504 loan portfolio balance above which each CDC
must have its financial statements audited annually by a certified
public accountant, resulting in increased savings to CDCs without
creating undue risk; eliminating the requirement that a Multi-State CDC
establish a Loan Committee in each State into which it expands;
allowing a CDC to make a 504 loan outside its Area of Operation to an
affiliate of a business that the CDC previously assisted; allowing CDCs
that participate in the Premier Certified Lenders Program to base the
balance it is required to maintain in its Loan Loss Reserve Fund on a
declining balance methodology instead of the original principal amount;
and allowing CDCs to provide greater assistance to each other than
currently authorized under certain circumstances.
Timetable:

204. Small Business Size Standards: Adjustment of Monetary
Based Size Standards for Inflation

E.O. 13771 Designation: Deregulatory
Legal Authority: 15 U.S.C. 632(a)
Abstract: In this interim final rule, the U.S. Small Business
Administration (SBA or Agency) adjusts all monetary based industry size
standards (i.e., receipts, assets, net worth, and net income) for
inflation since the last adjustment in 2014. In accordance with its
regulations in 13 CFR 121.102(c), SBA is required to review the effects
of inflation on its monetary standards at least once every five years
and adjust them, if necessary. In addition, the Small Business Jobs Act
of 2010 (Jobs Act) also requires SBA to conduct every five years a
detailed review of all size standards and to make appropriate
adjustments to reflect market conditions. This action will restore the
small business eligibility of businesses that have lost that status due
to inflation.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 06/00/19 .......................
------------------------------------------------------------------------

[FR Doc. 2019-11728 Filed 6-21-19; 8:45 am]
BILLING CODE 8025-01-P

[[Page 29711]]

Vol. 84

Monday,

No. 121

June 24, 2019

Part XX

Department of Defense

General Services Administration

National Aeronautics and Space Administration

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Unified Agenda

Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

[[Page 29712]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Ch. 1

Semiannual Regulatory Agenda

AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Semiannual regulatory agenda.

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

SUMMARY: This agenda announces the proposed regulatory actions the
Council plans for the next 12 months and those completed since the fall
2018 edition. This agenda was developed under the guidelines of
Executive Orders (E.O.) 12866 ``Regulatory Planning and Review,'' as
amended, Executive Order 13771 ``Reducing Regulation and Controlling
Regulatory Costs,'' and Executive Order 13563 ``Improving Regulation
and Regulatory Review.'' The purpose in publishing this agenda is to
allow interested persons an opportunity to participate in the
rulemaking process. Members of the public may submit comments on
individual proposed and interim final rulemakings at
www.regulations.gov during the comment period that follows publication
in the Federal Register. This agenda updates the report published on
October 17, 2018 and next agenda is scheduled for publication in the
fall of 2019. The complete Unified Agenda is available online at
www.reginfo.gov.

FOR FURTHER INFORMATION CONTACT: Lois Mandell, Division Director,
Regulatory Secretariat Division, 1800 F Street NW, 2nd Floor,
Washington, DC 20405-0001, 202-501-4755.

SUPPLEMENTARY INFORMATION: DoD, GSA, and NASA, under their several
statutory authorities, jointly issue and maintain the FAR through
periodic issuance of changes published in the Federal Register and
produced electronically as Federal Acquisition Circulars (FACs).
The electronic version of the FAR, including changes, can be
accessed on the FAR website at https://www.acquisition.gov/far.

Dated: March 1, 2019.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.

DOD/GSA/NASA (FAR)--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
205....................... FAR Acquisition Regulation 9000-AN31
(FAR); FAR Case 2015-038,
Reverse Auction Guidance.
206....................... Federal Acquisition 9000-AN34
Regulation; FAR Case 2016-
002, Applicability of
Small Business
Regulations Outside the
United States.
207....................... Federal Acquisition 9000-AN38
Regulation (FAR); FAR
Case 2016-013, Tax on
Certain Foreign
Procurement.
208....................... Federal Acquisition 9000-AN39
Regulation (FAR); FAR
Case 2017-003; Individual
Sureties.
209....................... Federal Acquisition 9000-AN40
Regulations (FAR); FAR
Case 2015-002,
Requirements for DD Form
254, Contract Security
Classification
Specification.
210....................... Federal Acquisition 9000-AN43
Regulation (FAR); FAR
Case 2017-014, Use of
Acquisition 360 to
Encourage Vendor Feedback.
211....................... Federal Acquisition 9000-AN44
Regulation (FAR); FAR
Case 2017-013, Breaches
of Personally
Identifiable Information.
212....................... Federal Acquisition 9000-AN46
Regulation (FAR); FAR
Case 2017-011, Section
508-Based Standards in
Information and
Communication Technology.
213....................... Federal Acquisition 9000-AN56
Regulation (FAR); FAR
Case 2017-016, Controlled
Unclassified Information
(CUI).
214....................... Federal Acquisition 9000-AN57
Regulation (FAR); FAR
Case 2017-018, Violation
of Arms Control Treaties
or Agreements With the
United States.
215....................... Federal Regulation 9000-AN59
Acquisition (FAR); FAR
Case 2017-019, Policy on
Joint Ventures.
216....................... Federal Acquisition 9000-AN61
Regulation (FAR); FAR
Case 2018-003, Credit for
Lower-Tier Small Business
Subcontracting.
217....................... Federal Acquisition 9000-AN62
Regulation (FAR); FAR
Case 2018-002, Protecting
Life in Global Health
Assistance.
218....................... Federal Acquisition 9000-AN65
Regulation (FAR); FAR
Case 2018-004; Increased
Micro-Purchase and
Simplified Acquisition
Thresholds.
219....................... Federal Acquisition 9000-AN66
Regulation (FAR); FAR
Case 2018-006; Provisions
and Clauses for
Commercial Items and
Simplified Acquisitions.
220....................... Federal Acquisition 9000-AN69
Regulation (FAR); FAR
Case 2018-005,
Modifications to Cost or
Pricing Data and
Reporting Requirements.
221....................... Federal Acquisition 9000-AN71
Regulation (FAR); FAR
Case 2018-012, Rights to
Federally Funded
Inventions and Licensing
of Government-Owned
Inventions.
222....................... Federal Acquisition 9000-AN72
Regulation (FAR); FAR
Case 2018-013, Exemption
of Commercial and COTS
Item Contracts From
Certain Laws and
Regulations.
223....................... Federal Acquisition 9000-AN73
Regulation (FAR); FAR
Case 2018-014, Increasing
Task-Order Level
Competition.
224....................... Federal Acquisition 9000-AN75
Regulation (FAR); FAR
Case 2018-016, Lowest
Price Technically
Acceptable Source
Selection Process.
225....................... Federal Acquisition 9000-AN76
Regulation (FAR); FAR
Case 2018-018, Revision
of Definition of
``Commercial Item''.
226....................... Federal Acquisition 9000-AN77
Regulation (FAR); FAR
Case 2018-019, Review of
Commercial Clause
Requirements and Flowdown.
227....................... Federal Acquisition 9000-AN78
Regulation (FAR); FAR
Case 2018-020,
Construction Contract
Administration.
228....................... Federal Acquisition 9000-AN79
Regulation (FAR); FAR
Case 2018-021, Reserve
Officer Training Corps
and Military Recruiting
on Campus.
229....................... Federal Acquisition 9000-AN80
Regulation (FAR); FAR
Case 2018-022; Orders
Issued Via Fax or
Electronic Commerce.
230....................... Federal Acquisition 9000-AN81
Regulation (FAR); FAR
Case 2018-023, Taxes--
Foreign Contracts in
Afghanistan.
231....................... Federal Acquisition 9000-AN82
Regulation (FAR); FAR
Case 2018-024; Use of
Interagency Fleet
Management System
Vehicles and Related
Services.
232....................... Federal Acquisition 9000-AN84
Regulation (FAR); FAR
Case 2019-001, Analysis
for Equipment
Acquisitions.

[[Page 29713]]

233....................... Federal Acquisition 9000-AN86
Regulation (FAR); FAR
Case 2019-003,
Substantial Bundling and
Consolidation.
234....................... Federal Acquisition 9000-AN87
Regulation (FAR); FAR
Case 2019-004, Good Faith
in Small Business
Subcontracting.
235....................... Federal Acquisition 9000-AN90
Regulation (FAR); FAR
Case 2019-007, Update of
Historically
Underutilized Business
Zone Program.
236....................... Federal Acquisition 9000-AN91
Regulation (FAR); FAR
Case 2019-008, Small
Business Program
Amendments.
237....................... Federal Acquisition 9000-AN92
Regulation (FAR); FAR
Case 2019-009,
Prohibition on
Contracting With Entities
Using Certain
Telecommunications and
Video Surveillance
Services or Equipment.
------------------------------------------------------------------------

DOD/GSA/NASA (FAR)--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
238....................... Federal Acquisition 9000-AM58
Regulation (FAR); FAR
Case 2013-002; Reporting
of Nonconforming Items to
the Government-Industry
Data Exchange Program.
239....................... Federal Acquisition 9000-AM93
Regulation (FAR); FAR
Case 2014-002; Set-Asides
Under Multiple Award
Contracts.
240....................... Federal Acquisition 9000-AN29
Regulation: FAR Case 2016-
005; Effective
Communication Between
Government and Industry.
241....................... Federal Acquisition 9000-AN32
Regulation (FAR); FAR
Case 2017-005,
Whistleblower Protection
for Contractor Employees.
242....................... Federal Acquisition 9000-AN35
Regulation (FAR); FAR
Case 2016-011, Revision
of Limitations on
Subcontracting.
243....................... Federal Acquisition 9000-AN53
Regulation (FAR); FAR
Case 2017-006, Exception
From Certified Cost or
Pricing Data
Requirements--Adequate
Price Competition.
244....................... Federal Acquisition 9000-AN54
Regulation (FAR); FAR
Case 2017-010, Evaluation
Factors for Multiple-
Award Contracts.
245....................... Federal Acquisition 9000-AN58
Regulation (FAR); FAR
Case 2017-020, Ombudsman
for Indefinite-Delivery
Contracts.
246....................... Federal Acquisition 9000-AN64
Regulation (FAR); FAR
Case 2018-010, Use of
Product and Services of
Kaspersky Lab.
247....................... Federal Acquisition 9000-AN83
Regulation (FAR); FAR
Case 2018-017,
Prohibition on Certain
Telecommunications and
Video Surveillance
Services or Equipment.
248....................... Federal Acquisition 9000-AN85
Regulation (FAR); FAR
Case 2019-002,
Recreational Services on
Federal Lands.
249....................... Federal Acquisition 9000-AN88
Regulation (FAR); FAR
Case 2019-005, Update to
Contract Performance
Assessment Reporting
System (CPARS).
------------------------------------------------------------------------

DOD/GSA/NASA (FAR)--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
250....................... Federal Acquisition 9000-AM94
Regulation (FAR); FAR
Case 2015-021;
Determination of Fair and
Reasonable Prices on
Orders Under Multiple
Award Contracts.
251....................... Federal Acquisition 9000-AN02
Regulation (FAR); FAR
Case 2015-017; Combating
Trafficking in Persons--
Definition of
``Recruitment Fees''.
252....................... Federal Acquisition 9000-AN45
Regulation (FAR); FAR
Case 2017-009, Special
Emergency Procurement
Authority.
253....................... Federal Acquisition 9000-AN47
Regulation (FAR); FAR
Case 2016-012,
Incremental Funding of
Fixed-Price Contracting
Actions.
254....................... Federal Acquisition 9000-AN63
Regulation (FAR); FAR
Case 2017-017, Rental
Cost Analysis in
Equipment Acquisitions.
------------------------------------------------------------------------

DEPARTMENT OF DEFENSE/GENERAL SERVICES ADMINISTRATION/NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION (FAR)

Proposed Rule Stage

205. FAR Acquisition Regulation (FAR); FAR Case 2015-038, Reverse
Auction Guidance

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement policies addressing the
effective use of reverse auctions. Reverse auctions involve offerors
lowering their pricing over multiple rounds of bidding in order to win
Federal contracts. This change incorporates guidance from the Office of
Federal Procurement Policy (OFPP) memorandum, ``Effective Use of
Reverse Auctions,'' which was issued in response to recommendations
from the GAO report, Reverse Auctions: Guidance is Needed to Maximize
Competition and Achieve Cost Savings (GAO-14-108). Reverse auctions are
one tool used by Federal agencies to increase competition and reduce
the cost of certain items. Reverse auctions differ from traditional
auctions in that sellers compete against one another to provide the
lowest price or highest-value offer to a buyer. This change to the FAR
will include guidance that will standardize agencies' use of reverse
auctions to help agencies maximize competition and savings when using
reverse auctions.
Timetable:

[[Page 29714]]

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/19
NPRM Comment Period End............. 10/00/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Curtis E. Glover Sr., Procurement Analyst, DOD/GSA/
NASA (FAR), 1800 F Street NW, Washington, DC 20405, Phone: 202 501-
1448, Email: [email protected]
RIN: 9000-AN31

206. Federal Acquisition Regulation; FAR Case 2016-002, Applicability
of Small Business Regulations Outside the United States

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) consistent with SBA's regulation at 13 CFR
125.2 as finalized in its rule ``Acquisition Process: Task and Delivery
Order Contracts, Bundling, Consolidation'' issued on October 2, 2013,
to clarify that overseas contracting is not excluded from agency
responsibilities to foster small business participation.
In its final rule, SBA has clarified that, as a general matter, its
small business contracting regulations apply regardless of the place of
performance. In light of these changes, there is a need to amend the
FAR both to bring its coverage into alignment with SBA's regulation and
to give agencies the tools they need, especially the ability to use
set-asides to maximize opportunities for small businesses overseas.
SBA has included contracts performed outside of the United States
in agencies' prime contracting goals since FY 2016. Although inclusion
for goaling purposes is not dependent on FAR changes, amending FAR part
19 will allow agencies to take advantage of the tools authorized for
providing small business opportunities for contracts awarded outside of
the United States.
This will make it easier for small businesses to receive additional
opportunities for contracts performed outside of the United States.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/19
NPRM Comment Period End............. 01/00/20
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Marilyn Chambers, Procurement Analyst, DOD/GSA/NASA
(FAR), 1800 F Street NW, Washington, DC 20405, Phone: 202 969-7185,
Email: [email protected]
RIN: 9000-AN34

207. Federal Acquisition Regulation (FAR); FAR Case 2016-013, Tax on
Certain Foreign Procurement

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 37; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement a final rule issued by the
Department of the Treasury that implements section 301 of the James
Zadroga 9/11 Health and Compensation Act of 2010, Public Law 111347.
This section imposes on any foreign person that receives a specified
Federal procurement payment a tax equal to two percent of the amount of
such payment. This rule applies to foreign persons that are awarded
Federal Government contracts to provide goods or services.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/19
NPRM Comment Period End............. 10/00/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Zenaida Delgado, Procurement Analyst, DOD/GSA/NASA
(FAR), 1800 F Street NW, Washington, DC 20405, Phone: 202 969-7207,
Email: [email protected]
RIN: 9000-AN38

208. Federal Acquisition Regulation (FAR); FAR Case 2017-003;
Individual Sureties

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. 137; 51 U.S.C. 20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to change the kinds of assets that
individual sureties must use as security for their individual surety
bonds. This change implements section 874 of the National Defense
Authorization Act (NDAA) for FY 2016 (Pub. L. 114-92), codified at 31
U.S.C. 9310, Individual Sureties. Individual sureties will no longer be
able to pledge real property, corporate stocks, corporate bonds, or
irrevocable letters of credit. The requirements of 31 U.S.C. 9310 are
intended to strengthen the assets pledged by individual sureties,
thereby mitigating risk to the Government.
Timetable:

209. Federal Acquisition Regulation (FAR); FAR Case 2015-002,
Requirements for DD Form 254, Contract Security Classification
Specification

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to require the use of Department of
Defense (DoD) Wide Area Workflow (WAWF) for the electronic submission
of the DD Form 254, ``Contract Security Classification Specification.''
This form is used to convey security requirements regarding classified
information to contractors and subcontractors and must be submitted to
the Defense Security Services (DSS) when contractors or subcontractors
require access to classified information under contracts awarded by
agencies that are covered by the National Industrial Security Program
(NISP). By changing the submittal process of the form from a manual
process to an automated one, the Government will reduce the cost of
maintaining the forms, while also providing a centralized repository
for classified contract security requirements and supporting data.
Timetable:

210. Federal Acquisition Regulation (FAR); FAR Case 2017-014, Use of
Acquisition 360 To Encourage Vendor Feedback

E.O. 13771 Designation: Other.

[[Page 29715]]

Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to address the solicitation of contractor
feedback on both contract formation and contract administration
activities. Agencies would consider this feedback, as appropriate, to
improve the efficiency and effectiveness of their acquisition
activities. The rule would create FAR policy to encourage regular
feedback in accordance with agency practice (both for contract
formation and administration activities) and a standard FAR
solicitation provision to support a sustainable model for broadened use
of the Acquisition 360 survey to elicit feedback on the pre-award and
debriefing processes in a consistent and standardized manner. Agencies
would be able to use the solicitation provision to notify interested
sources that a procurement is part of the Acquisition 360 survey and
encourage stakeholders to voluntarily provide feedback on their
experiences on the pre-award process.
Timetable:

211. Federal Acquisition Regulation (FAR); FAR Case 2017-013, Breaches
of Personally Identifiable Information

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to create and implement appropriate
contract clauses and regulatory coverage to address contractor
requirements for a breach response consistent with the requirements.
This FAR change will implement the requirements outlined in the Office
of Management and Budget (OMB) Memorandum, M-17-12, ``Preparing for and
Responding to a Breach of Personally Identifiable Information,''
section V part B.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Camara Francis, Procurement Analyst, DOD/GSA/NASA
(FAR), 1800 F Street NW, Washington, DC 20405, Phone: 202 550-0935,
Email: [email protected]
RIN: 9000-AN44

212. Federal Acquisition Regulation (FAR); FAR Case 2017-011, Section
508-Based Standards in Information and Communication Technology

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to incorporate revisions and updates to
standards in section 508 of the Rehabilitation Act of 1973, developed
by the Architectural and Transportation Barriers Compliance Board (also
referred to as the ``Access Board''). This FAR change incorporates the
U.S. Access Board's final rule, ``Information and Communication
Technology (ICT) Standards and Guidelines,'' published on January 18,
2017, which implemented revisions and updates to the section 508-based
standards and section 255-based guidelines. This rule is expected to
impose additional costs on Federal agencies. The purpose is to increase
productivity for Federal employees with disabilities, time savings due
to improved accessibility of federal websites for members of the public
with disabilities, and reduced call volumes to Federal agencies.
Additionally, this rule harmonizes standards with national and
international consensus standards this would assist American ICT
companies by helping them to achieve economies of scale created by a
wider use of these technical standards.
Timetable:

213. Federal Acquisition Regulation (FAR); FAR Case 2017-016,
Controlled Unclassified Information (CUI)

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement the National Archives and
Records Administration (NARA) Controlled Unclassified Information (CUI)
program of Executive Order 13556 of November 4, 2010. As the executive
agent designated to oversee the Governmentwide CUI program, NARA issued
implementing regulations in late 2016 designed to address Federal
agency policies for designating, safeguarding, disseminating, marking,
decontrolling and disposing of CUI. The NARA rule, which is codified at
32 CFR 2002, affects contractors that handle, possess, use, share or
receive CUI. This FAR rule helps to ensure uniform implementation of
the requirements of the CUI program in contracts across Government
agencies.
Timetable:

214. Federal Acquisition Regulation (FAR); FAR Case 2017-018, Violation
of Arms Control Treaties or Agreements With the United States

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are issuing a proposed rule to address
a public comment on the interim rule issued to amend the Federal
Acquisition Regulation (FAR) to implement section 1290(c)(3) of the
National Defense Authorization Act (NDAA) for FY 2017, which requires
an offeror or any of its subsidiaries to certify that it does not
engage in any activity that contributed to or is a significant factor
in the determination that a country is not in full compliance with its
obligations undertaken in all arms control, nonproliferation, and
disarmament agreements or commitments in which the United States is a
participating state.

[[Page 29716]]

Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 06/15/18 83 FR 28145
Interim Final Rule Comment Period 08/14/18 .......................
End.
NPRM................................ 08/00/19 .......................
NPRM Comment Period End............. 10/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Cecelia L. Davis, Procurement Analyst, DOD/GSA/NASA
(FAR), 1800 F Street NW, Washington, DC 20405, Phone: 202 219-0202,
Email: [email protected]
RIN: 9000-AN57

215. Federal Acquisition Regulation (FAR); FAR Case 2017-019, Policy on
Joint Ventures

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement regulatory changes made by
the Small Business Administration (SBA), Small Business Mentor
Prot[eacute]g[eacute] Programs, published on July 25, 2016 (81 FR
48557), regarding joint ventures and to clarify policy on 8(a) joint
ventures. The regulatory changes provide industry with a new way to
compete for small business or socioeconomic set-asides using a joint
venture made up of a mentor and a prot[eacute]g[eacute]. The 8(a) joint
venture clarification prevents confusion on an 8(a) joint venture's
eligibility to compete for an 8(a) competitive procurement.
Timetable:

216. Federal Acquisition Regulation (FAR); FAR Case 2018-003, Credit
for Lower-Tier Small Business Subcontracting

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation to implement section 1614 of the National
Defense Authorization Act (NDAA) of Fiscal Year 2014, as implemented in
the Small Business Administration's final rule issued on December 23,
2016. Section 1614 allows other than small business prime contractors
to receive small business subcontracting credit for subcontracts their
subcontractors award to small businesses.
Timetable:

217. Federal Acquisition Regulation (FAR); FAR Case 2018-002,
Protecting Life in Global Health Assistance

E.O. 13771 Designation: Regulatory.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. 137; 51 U.S.C. 20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement Presidential Memorandum,
entitled ``The Mexico City Policy,'' issued on January 13, 2017, in
accordance with the Department of State's implementation plan dated May
9, 2017. This rule would extend requirements of the memorandum and
plans to new funding agreements for global health assistance furnished
by all Federal departments or agencies. This expanded policy will cover
global health assistance to include funding for international health
programs, such as those for HIV/AIDS, maternal and child health,
malaria, global health security, and certain family planning and
reproductive health.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
RIN: 9000-AN62

218. Federal Acquisition Regulation (FAR); FAR Case 2018-004; Increased
Micro-Purchase and Simplified Acquisition Thresholds

E.O. 13771 Designation: Deregulatory.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are issuing a proposed rule to amend
the FAR to implement sections 805, 806, and 1702(a) of the National
Defense Authorization Act (NDAA) for FY 2018. Section 805 increases the
micro-purchase threshold (MPT) to $10,000 and limits the use of
convenience checks to not more than one half of the MPT amount (i.e.,
$5,000). Section 806 increases the simplified acquisition threshold
(SAT) to $250,000. Section 1702(a) amends section 15(j)(1) of the Small
Business Act (15 U.S.C. 644(j)(1)) to replace specific dollar
thresholds with the terms micro-purchase threshold and simplified
acquisition threshold.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael O. Jackson, Procurement Analyst, DOD/GSA/
NASA (FAR), 1800 F Street NW, Washington, DC 20405, Phone: 202 208-
4949, Email: [email protected]
RIN: 9000-AN65

219. Federal Acquisition Regulation (FAR); FAR Case 2018-006;
Provisions and Clauses for Commercial Items and Simplified Acquisitions

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51
U.S.C.20113
Abstract: DoD, GSA, and NASA are proposing to implement section 820
of the National Defense Authorization Act (NDAA) for FY 2018. Section
820 amends 41 U.S.C. 1906(c)(1) to change the definition of
``subcontract'' in certain circumstances. This rule also implements a
new approach to the prescription and flowdown for provisions and
clauses applicable to acquisitions of commercial items or acquisitions
that do not exceed the simplified acquisition threshold.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael O. Jackson, Procurement Analyst, DOD/GSA/
NASA (FAR), 1800 F Street NW, Washington,

[[Page 29717]]

DC 20405, Phone: 202 208-4949, Email: [email protected]
RIN: 9000-AN66

220. Federal Acquisition Regulation (FAR); FAR Case 2018-005,
Modifications to Cost or Pricing Data and Reporting Requirements

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to increase the Truth in Negotiation Act
(TINA) threshold to $2 million and require other than certified cost or
pricing data. The rule reduces the burden on contractors because they
would not be required to certify their cost or pricing data between
$750,000 and $2 million. This change implements section 811 of the
National Defense Authorization Act (NDAA) for FY 2018. Section 811
modifies 10 U.S.C. 2306a and 41 U.S.C. 3502.
Timetable:

221. Federal Acquisition Regulation (FAR); FAR Case 2018-012, Rights to
Federally Funded Inventions and Licensing of Government-Owned
Inventions

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the FAR to
implement the changes to 37 CFR parts 401 and 404, ``Rights to
Federally Funded Inventions and Licensing of Government Owned
Inventions,'' dated May 14, 2018. The changes reduce regulatory
burdens, provide greater clarity to large businesses by codifying the
applicability of Bayh-Dole as directed in Executive Order 12591, and
provide greater clarity to all federal funding recipients by updating
regulatory provisions to align with provisions of the Leahy-Smith
America Invents Act in terms of definitions and time frames.
Timetable:

222. Federal Acquisition Regulation (FAR); FAR Case 2018-013, Exemption
of Commercial and COTS Item Contracts From Certain Laws and Regulations

E.O. 13771 Designation: Deregulatory.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement paragraph (a) of section 839
of the John S. McCain National Defense Authorization Act for Fiscal
Year 2019. Paragraph (a) requires the FAR Council to review each past
determination made not to exempt contacts and subcontracts for
commercial products, commercial services, and commercially available
off-the-shelf (COTS) items from certain laws when these contracts would
otherwise have been exempt under 41 U.S.C. 1906(d) or 41 U.S.C.
1907(b). The FAR Council or the Administrator for Federal Procurement
Policy has to determine whether there still exists specific reason not
to provide exemptions from certain laws. If no determination is made to
continue to exempt commercial contracts and subcontracts from certain
laws, paragraph (a) requires that revisions to the FAR be proposed, to
reflect exemptions from those laws. Paragraph (a) requires these
revisions to be proposed within one year of the date of enactment of
section 839.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Mahruba Uddowla, Procurement Analyst, DOD/GSA/NASA
(FAR), 1800 F Street NW, Washington, DC 20405, Phone: 703 605-2868,
Email: [email protected]
RIN: 9000-AN72

223. Federal Acquisition Regulation (FAR); FAR Case 2018-014,
Increasing Task-Order Level Competition

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement section 876 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
would provide civilian agencies with an exception to the existing
statutory requirement to include price to the Federal Government as an
evaluation factor that must be considered in the evaluation of
proposals for all contracts. The exception would only apply to IDIQ
contracts and to Federal Supply Schedule contracts for services that
are priced at an hourly rate. Furthermore, the exception would only
apply in those instances where the Government intends to make a
contract award to all qualifying offerors, thus affording maximum
opportunity for effective competition at the task order level. An
offeror would be qualified only if it is a responsible source and
submits a proposal that conforms to the requirements of the
solicitation, meets any technical requirements, and is otherwise
eligible for award.
Timetable:

224. Federal Acquisition Regulation (FAR); FAR Case 2018-016, Lowest
Price Technically Acceptable Source Selection Process

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement section 880 of the John S.
McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY)
2019 to avoid using lowest price technically acceptable source
selection criteria in circumstances that would deny the Government the
benefits of cost and

[[Page 29718]]

technical tradeoffs in the source selection process.
Timetable:

225. Federal Acquisition Regulation (FAR); FAR Case 2018-018, Revision
of Definition of ``Commercial Item''

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to separate the commercial item definition
into definitions of commercial product and commercial service. Section
836 of the National Defense Authorization Act (NDAA) for Fiscal Year
(FY) 2019 (Pub. L. 115-232) set the effective date of the new
definitions to January 1, 2020. This is consistent with the
recommendations by the independent panel created by section 809 of the
NDAA for FY 2016 (Pub. L. 114-92). This case implements amendment to 41
U.S.C. 103.
Timetable:

226. Federal Acquisition Regulation (FAR); FAR Case 2018-019, Review of
Commercial Clause Requirements and Flowdown

E.O. 13771 Designation: Deregulatory.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement paragraphs (b) and (c) of
section 839 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019.
Paragraph (b) requires the FAR Council to review the FAR to assess
every regulation that requires a specific clause in contracts for
commercial products or commercial services, unless the regulation is
required by law or Executive Order. Paragraph (b) also requires that
revisions to the FAR be proposed to eliminate those regulations unless
the FAR Council makes a determination not to eliminate a regulation.
Paragraph (c) requires the FAR Council to review the FAR to assess
every regulation that requires a prime contractor to include specific
clause in subcontracts for commercially available off-the-shelf items,
unless the clause is required by law or Executive Order. Paragraph (c)
also requires that revisions to the FAR be proposed to eliminate those
regulations unless the FAR Council makes a determination not to
eliminate a regulation.
Paragraphs (b) and (c) require these revisions to be proposed
within one year of the date of the enactment of section 839.
Timetable:

227. Federal Acquisition Regulation (FAR); FAR Case 2018-020,
Construction Contract Administration

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: Implements section 855 of the NDAA for FY 2019 (Pub. L.
115-232). Section 855 requires, for solicitations for construction
contracts anticipated to be awarded to a small business, notification
to prospective offerors regarding agency policies or practices in
complying with FAR requirements relating to the timely definitization
of requests for equitable adjustment and agency past performance in
definitizing such requests.
Timetable:

228. Federal Acquisition Regulation (FAR); FAR Case 2018-021, Reserve
Officer Training Corps and Military Recruiting on Campus

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement the requirements at 10 U.S.C.
983, which prohibits the award of certain Federal contracts or grants
to institutions of higher education that prohibit Senior Reserve
Officer Training Corps units or military recruiting on campus.
Timetable:

229. Federal Acquisition Regulation (FAR); FAR Case 2018-022; Orders
Issued Via Fax or Electronic Commerce

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) clause 52.216-18, Ordering, to authorize
issuance of orders via fax or email and clarify when an order is
considered to be issued when utilizing these methods.
Timetable:

Regulatory Flexibility Analysis Required: Yes.

[[Page 29719]]

Agency Contact: Curtis E. Glover Sr., Procurement Analyst, DOD/GSA/
NASA (FAR), 1800 F Street NW, Washington, DC 20405, Phone: 202 501-
1448, Email: [email protected]
RIN: 9000-AN80

230. Federal Acquisition Regulation (FAR); FAR Case 2018-023, Taxes--
Foreign Contracts in Afghanistan

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement the provisions on taxes,
duties, and fees contained in the Security and Defense Cooperation
Agreement (dated 2014) and the North Atlantic Treaty Organization
Status of Forces Agreement (dated 2014) with Afghanistan.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kevin Funk, Procurement Analyst, DOD/GSA/NASA
(FAR), 1800 F Street NW, Washington, DC 20405, Phone: 703 357-5805,
Email: [email protected]
RIN: 9000-AN81

231. Federal Acquisition Regulation (FAR); FAR Case 2018-024; Use of
Interagency Fleet Management System Vehicles and Related Services

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA and NASA are proposing to amends the Federal
Acquisition Regulation (FAR) clause 52.251-1, Interagency Fleet
Management System Vehicles and Related Services, to provide contractors
that have been authorized to use fleet vehicles with additional
information on how to request the vehicles from the Government.
Timetable:

232. Federal Acquisition Regulation (FAR); FAR Case 2019-001,
Analysis for Equipment Acquisitions

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the FAR by
implementing section 555 of the Federal Aviation Administration (FAA)
Reauthorization Act for Fiscal Year (FY) 2018 (Pub. L. 115-254), which
requires equipment to be acquired using the method of acquisition most
advantageous to the Government based on a case-by-case analysis of
costs and other factors. Section 555 requires the methods of
acquisition to be compared in the analysis to include, at a minimum:
(1) Purchase; (2) long-term lease or rental; (3) short-term lease or
rental; (4) interagency acquisition; or, (5) acquisition agreements
with a State or local government. Section 555 exempts certain
acquisitions from this required analysis.
Timetable:

233. Federal Acquisition Regulation (FAR); FAR Case 2019-003,
Substantial Bundling and Consolidation

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement section 863 of the National
Defense Authorization Acts (NDAA) for FY 2016 and the Small Business
Administration (SBA) implementing regulations requiring publication of
a notice of substantial bundling and a notice of consolidation of
contract requirements.
Timetable:

234. Federal Acquisition Regulation (FAR); FAR Case 2019-004,
Good Faith in Small Business Subcontracting

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement section 1821 of the National
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017 and the
Small Business Administration regulatory changes relating to small
business subcontracting plans. Section 1821 requires examples of
activities that would be considered a failure to make a good faith
effort to comply with small business subcontracting plan requirements.
Timetable:

235. Federal Acquisition Regulation (FAR); FAR Case 2019-007,
Update of Historically Underutilized Business Zone Program

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement regulatory changes proposed
by the Small Business Administration regarding the Historically
Underutilized Business Zone (HUBZone) Program. The proposed regulatory
changes are intended to reduce the regulatory burden associated with
the HUBZone Program.
Timetable:

[[Page 29720]]

236. Federal Acquisition Regulation (FAR); FAR Case 2019-008,
Small Business Program Amendments

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement regulatory changes proposed
by the Small Business Administration regarding small business programs.
The proposed regulatory changes include the timing of the determination
of size status for multiple-award contracts for which price is not
evaluated at the contract level; the grounds for size status protests;
and the grounds for socioeconomic status protests.
Timetable:

237. Federal Acquisition Regulation (FAR); FAR Case 2019-009,
Prohibition on Contracting With Entities Using Certain
Telecommunications and Video Surveillance Services or Equipment

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement paragraph (a)(1)(B) of
section 889 of the National Defense Authorization Act (NDAA) for FY 19
(Pub. L. 115-232). Beginning two years from the enacted date, paragraph
(a)(1)(B) of section 889 prohibits the Government from entering into a
contract, extending or renewing a contract with an entity that uses any
equipment, system, or service that uses covered telecommunications
equipment and services from Huawei Technologies Company, ZTE
Corporation, Hytera Communications Corporation, Hangzhou Technology
Company or Dahua Technology Company, to include any subsidiaries or
affiliates. This FAR rule is needed to protect U.S. networks against
cyber activities conducted through Chinese Government-supported
telecommunications equipment and services. Paragraph (a)(1)(A) of
section 889 is being implemented separately through FAR Case 2018-017.
Timetable:

DEPARTMENT OF DEFENSE/GENERAL SERVICES ADMINISTRATION/NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION (FAR)

Final Rule Stage

238. Federal Acquisition Regulation (FAR); FAR Case 2013-002; Reporting
of Nonconforming Items to the Government-Industry Data Exchange Program

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are issuing a final rule to amend the
Federal Acquisition Regulation (FAR) to expand Government and
contractor requirements for the reporting of nonconforming items. This
rule partially implements section 818 of the National Defense
Authorization Act (NDAA) for Fiscal Year (FY) 2012 and implement
requirements of the Office of Federal Procurement Policy (OFPP) Policy
Letter 91-3, entitled ``Reporting Nonconforming Products,'' dated April
9, 1991. This change will help mitigate the growing threat that
counterfeit items pose when used in systems vital to an agency's
mission. The primary benefit of this rule is to reduce the risk of
counterfeit items entering the supply chain by ensuring that
contractors report suspect items to a widely available database. This
will allow the contracting officer to provide disposition instructions
for counterfeit or suspect counterfeit items in accordance with agency
policy. In some cases, agency policy may require the contracting
officer to direct the contractor to retain such items for investigative
or evidentiary purposes.
Timetable:

239. Federal Acquisition Regulation (FAR); FAR Case 2014-002; Set-
Asides Under Multiple Award Contracts

E.O. 13771 Designation: Deregulatory.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to implement regulatory changes
regarding procedures for the use of small business partial set-asides,
reserves, and orders placed under multiple-award contracts. This rule
incorporates statutory requirements in section 1331 of the Small
Business Jobs Act of 2010 (15 U.S.C. 644(r)) and regulatory
requirements in the Small Business Administration's final rule dated
October 2, 2013.
Due to their inherent flexibility, competitive nature, and
administrative efficiency, multiple award contracts are commonly used
in Federal procurement. They have proven to be an effective means of
contracting for large quantities of supplies and services for which the
quantity and delivery requirements cannot be definitively determined at
contract award. However, prior to 2011, the FAR was largely silent on
the use of acquisition strategies to promote small business
participation in conjunction with multiple-award contracts. This rule
increases small business participation in Federal prime contracts by
ensuring that small businesses have greater access to multiple award
contracts, clarifying the procedures for partially setting aside

[[Page 29721]]

and reserving multiple-award contracts for small business; and setting
aside orders placed under multiple-award contracts for small business.
This rule ensures that small businesses will have greater access to
these commonly used vehicles.
Timetable:

240. Federal Acquisition Regulation: FAR Case 2016-005; Effective
Communication Between Government and Industry

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to implement section 887 of the
NDAA for FY 2016 (Pub. L. 114-92). This law provides that Government
acquisition personnel are permitted and encouraged to engage in
responsible and constructive exchanges with industry. This change will
permit and encourage Government acquisition personnel to engage in
responsible and constructive exchanges with industry as part of market
research as long as those exchanges are consistent with existing laws
and regulations, and promote a fair competitive environment.
Timetable:

241. Federal Acquisition Regulation (FAR); FAR Case 2017-005,
Whistleblower Protection for Contractor Employees

E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are issuing a final rule to amend the
Federal Acquisition Regulation (FAR) to implement 41 U.S.C. 4712,
``Enhancement of Contractor Protection From Reprisal for Disclosure of
Certain Information'' and makes the pilot program permanent. The pilot
was enacted on January 2, 2013, by section 828 of the National Defense
Authorization Act (NDAA) for Fiscal Year (FY) 2013. The rule clarifies
that contractors and subcontractors are prohibited from discharging,
demoting, or otherwise discriminating against an employee as a reprisal
for disclosing, to any of the entities such as agency Inspector
Generals and Congress, information that the employee reasonably
believes is evidence of gross mismanagement of a Federal contract; a
gross waste of Federal funds; an abuse of authority relating to a
Federal contract; a substantial and specific danger to public health or
safety; or a violation of law, rule, or regulation related to a Federal
contract (including, the competition for or negotiation of a contract.)
This rule enhances whistleblower protections for contractor employees,
by making permanent the protection for disclosure of the aforementioned
information, and ensuring that the prohibition on reimbursement for
legal fees accrued in defense against reprisal claims applies to both
contractors and subcontractors.
Timetable:

242. Federal Acquisition Regulation (FAR); FAR Case 2016-011, Revision
of Limitations on Subcontracting

E.O. 13771 Designation: Deregulatory.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are issuing a final rule to amend the
Federal Acquisition Regulation (FAR) to revise and standardize the
limitations on subcontracting, including the nonmanufacturer rule, that
apply to small business concerns under FAR part 19 procurements. This
proposed rule incorporates SBA's final rule that implemented the
statutory requirements of section 1651 of the National Defense
Authorization Act (NDAA) for Fiscal Year 2013. This action is necessary
to meet the Congressional intent of clarifying the limitations on
subcontracting with which small businesses must comply, as well as the
ways in which they can comply. The rule will benefit both small
businesses and Federal agencies. The rule will allow small businesses
to take advantage of subcontracts with similarly situated entities. As
a result, these small businesses will be able to compete for larger
contracts, which would positively affect their potential for growth as
well as that of their potential subcontractors.
Timetable:

243. Federal Acquisition Regulation (FAR); FAR Case 2017-006, Exception
From Certified Cost or Pricing Data Requirements--Adequate Price
Competition

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are issuing a final rule to amend the
Federal Acquisition Regulation (FAR) to implement section 822 of the
National Defense Authorization Act (NDAA) for FY 2017 (Pub. L. 114-
328). This rule applies to DoD, NASA, and the Coast Guard, and
implements exceptions for these agencies at FAR 15.403(c)(1) from
certified cost or pricing data requirements when price is based on
adequate price competition. This rule also limits the exception for
price based on adequate price competition to circumstances in which
there is

[[Page 29722]]

adequate competition that results in at least two or more responsive
and viable competing bids.
Timetable:

244. Federal Acquisition Regulation (FAR); FAR Case 2017-010,
Evaluation Factors for Multiple-Award Contracts

E.O. 13771 Designation: Deregulatory.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are issuing a final rule to amend the
Federal Acquisition Regulation (FAR) to implement section 825 of the
National Defense Authorization Act (NDAA) for FY 17 (Pub. L. 114-328).
Section 825 amends 10 U.S.C. 2305(a)(3) to change the requirement
regarding the consideration of cost or price to the Government as a
factor in the evaluation of proposals for certain multiple-award task
order contracts awarded by DoD, NASA, or the Coast Guard. At the
Government's discretion, solicitations for multiple-award contracts,
which intend to award the same or similar services to each qualifying
offeror, do not require price or cost as an evaluation factor for the
base contract award. This rule will streamline the award of contracts
for DoD, NASA, and the Coast Guard because they will not be required to
consider cost or price in the evaluation of the award decision.
Relieving the requirement to account for cost or price when evaluating
proposals for these types of contracts, which feature competitive
orders, will enable procurement officials to focus their energy on
establishing and evaluating the non-price factors that will result in
more meaningful distinctions among offerors.
Timetable:

245. Federal Acquisition Regulation (FAR); FAR Case 2017-020, Ombudsman
for Indefinite-Delivery Contracts

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are issuing a final rule to amend the
Federal Acquisition Regulation (FAR) by providing a new clause with
contact information for the agency task and delivery order ombudsman as
required by the FAR. Specifically, FAR 16.504(a)(4)(v) requires that
the name, address, telephone number, facsimile number, and email
address of the agency task and delivery order ombudsman be included in
solicitations and contracts for an indefinite quantity requirement, if
multiple awards may be made for uniformity and consistency.
Timetable:

246. Federal Acquisition Regulation (FAR); FAR Case 2018-010, Use of
Product and Services of Kaspersky Lab

E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are issuing a final rule to amend the
Federal Acquisition Regulation (FAR) to implement section 1634 of the
National Defense Authorization Act (NDAA) of Fiscal Year 2018 to
prohibit any department, agency, organization, or other element of the
Federal government from using products and services developed or
provided by Kaspersky Lab or any entity in which Kaspersky Lab has a
majority ownership.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 06/15/18 83 FR 28141
Interim Final Rule Comment Period 08/14/18 .......................
End.
Final Rule.......................... 09/00/19 .......................
------------------------------------------------------------------------

247. Federal Acquisition Regulation (FAR); FAR Case 2018-017,
Prohibition on Certain Telecommunications and Video Surveillance
Services or Equipment

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement section 889 of the National
Defense Authorization Act (NDAA) for FY 19 (Pub. L. 115-232). Section
889 prohibits the procurement or use of covered telecommunications
equipment and services from Huawei Technologies Company, ZTE
Corporation, Hytera Communications Corporation, Hangzhou Technology
Company or Dahua Technology Company, to include any subsidiaries or
affiliates. This FAR rule is needed to protect U.S. networks against
cyber activities conducted through Chinese Government-supported
telecommunications equipment and services.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 08/00/19 .......................
Interim Final Rule Comment Period 10/00/19 .......................
End.
------------------------------------------------------------------------

248. Federal Acquisition Regulation (FAR); FAR Case 2019-002,
Recreational Services on Federal Lands

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are issuing a final rule to amend the
Federal

[[Page 29723]]

Acquisition Regulation (FAR) to exempt contracts for seasonal
recreational services and seasonal recreational equipment rental on
Federal lands from the Executive Order 13658 minimum wage requirements.
This rule implements Executive Order 13838 that was issued on May 25,
2018 and associated Department of Labor final rule published on
September 26, 2018. In accordance with Executive Order 13838, this
proposed rule will not limit Executive Order 13658's coverage of
lodging and food services associated with seasonal recreational
services, even when seasonal recreational services or seasonal
recreational equipment rental are also provided under the same
contract.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 01/00/20 .......................
------------------------------------------------------------------------

249. Federal Acquisition Regulation (FAR); FAR Case 2019-005,
Update to Contract Performance Assessment Reporting System (CPARS)

E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to implement changes regarding the
Past Performance Information Retrieval System (PPIRS). This rule
establishes that the Contract Performance Assessment Reporting System
(CPARS) is the official system for past performance information.
Effective January 15, 2019, PPIRS was officially retired to
conclude its merger with the CPARS. Data from PPIRS has been merged
into CPARS.gov, making CPARS the official system for past performance
information. This merge simplifies functions such as creating and
editing performance and integrity records, changes to administering
users and running reports, generating performance records, and viewing/
managing performance records. Users will now have one location and one
account to perform all functionality.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 10/00/19 .......................
------------------------------------------------------------------------

DEPARTMENT OF DEFENSE/GENERAL SERVICES ADMINISTRATION/NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION (FAR)

Completed Actions

250. Federal Acquisition Regulation (FAR); FAR Case 2015-021;
Determination of Fair and Reasonable Prices on Orders Under Multiple
Award Contracts

E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: This case is being withdrawn so that the FAR Council may
take a fresh look at the current data regarding prices paid and price
variances. Additionally the Council will revisit the regulatory
coverage on fair and reasonable pricing for Schedule contracts, and
other government-wide vehicles, in light of policy developments that
have taken place since the case was opened. One such development is the
recent issuance of OMB Memorandum M-19-13, Making Smarter Use of Common
Contract Solutions and Practices, which includes steps for improving
price competitiveness on best-in-class and other government-wide
solutions.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Withdrawn........................... 04/09/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Curtis E. Glover, Phone: 202 501-1448, Email:
[email protected]
RIN: 9000-AM94

251. Federal Acquisition Regulation (FAR); FAR Case 2015-017; Combating
Trafficking in Persons--Definition of ``Recruitment Fees''

E.O. 13771 Designation: Regulatory.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are issuing a final rule to amend the
Federal Acquisition Regulation (FAR) to implement Executive Order
13627, Strengthening Protections Against Trafficking in Persons in
Federal Contracts, and title XVII of the National Defense Authorization
Act for Fiscal Year 2013. The rule adds a definition of ``recruitment
fees'' to FAR subpart 22.17, Combating Trafficking in Persons, and the
associated clauses to provide a standardized definition that clarifies
what prohibited recruitment fees are in order to help prevent human
trafficking.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 12/20/18 83 FR 65466
Final Rule Effective................ 01/22/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Cecelia L. Davis, Phone: 202 219-0202, Email:
[email protected]
RIN: 9000-AN02

252. Federal Acquisition Regulation (FAR); FAR Case 2017-009, Special
Emergency Procurement Authority

E.O. 13771 Designation: Deregulatory.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to implement sections of the
National Defense Authorization Act (NDAA) for Fiscal Year 2017 to
expand special emergency procurement authorities for acquisitions of
supplies or services that facilitate defense against or recovery from a
cyber attack, provide international disaster assistance under the
Foreign Assistance Act of 1961, or support response to an emergency or
major disaster under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 05/06/19 84 FR 19835
Final Rule Effective................ 06/05/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Camara Francis, Phone: 202 550-0935, Email:
[email protected]
RIN: 9000-AN45

253. Federal Acquisition Regulation (FAR); FAR Case 2016-012,
Incremental Funding of Fixed-Price Contracting Actions

E.O. 13771 Designation: Other.

[[Page 29724]]

Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C.
20113
Abstract: This case is withdrawn and may be resubmitted after
further research and deliberation of the alternatives for
implementation.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Withdrawn........................... 04/09/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Zenaida Delgado, Phone: 202 969-7207, Email:
[email protected]
RIN: 9000-AN47

254. Federal Acquisition Regulation (FAR); FAR Case 2017-017, Rental
Cost Analysis in Equipment Acquisitions

E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch.137; 51 U.S.C.
20113
Abstract: This final rule is being withdrawn and merged into FAR
Case 2019-001.
DoD, GSA, and NASA is issuing a final rule to ensure short-term
rental agreements are considered as part of the decision whether to
lease or purchase equipment. This rule proposes to amend the FAR to add
a factor to consider the cost-effectiveness of short-term versus long-
term agreements (e.g., leases and rentals) to the list of minimum
factors to be considered when an agency is deciding whether to lease or
purchase equipment.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Withdrawn........................... 02/26/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael O. Jackson, Phone: 202 208-4949, Email:
[email protected]
RIN: 9000-AN63

[FR Doc. 2019-11743 Filed 6-21-19; 8:45 am]
BILLING CODE 6820-EP-P

[[Page 29725]]

Vol. 84

Monday,

No. 121

June 24, 2019

Part XXI

Commodity Futures Trading Commission

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Unified Agenda

Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

[[Page 29726]]

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COMMODITY FUTURES TRADING COMMISSION

17 CFR Ch. I

Regulatory Flexibility Agenda

AGENCY: Commodity Futures Trading Commission.

ACTION: Semiannual regulatory agenda.

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SUMMARY: The Commodity Futures Trading Commission (``Commission''), in
accordance with the requirements of the Regulatory Flexibility Act, is
publishing a semiannual agenda of rulemakings that the Commission
expects to propose or promulgate over the next year. The Commission
welcomes comments from small entities and others on the agenda.

FOR FURTHER INFORMATION CONTACT: Christopher J. Kirkpatrick, Secretary
of the Commission, (202) 418-5964, [email protected], Commodity
Futures Trading Commission, Three Lafayette Centre, 1155 21st Street,
NW, Washington, DC 20581.

SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (``RFA''), 5
U.S.C. 601, et seq., includes a requirement that each agency publish
semiannually in the Federal Register a regulatory flexibility agenda.
Such agendas are to contain the following elements, as specified in 5
U.S.C. 602(a):
(1) A brief description of the subject area of any rule that the
agency expects to propose or promulgate, which is likely to have a
significant economic impact on a substantial number of small entities;
(2) A summary of the nature of any such rule under consideration
for each subject area listed in the agenda, the objectives and legal
basis for the issuance of the rule, and an approximate schedule for
completing action on any rule for which the agency has issued a general
notice of proposed rulemaking; and,
(3) The name and telephone number of an agency official
knowledgeable about the items listed in the agenda.
Accordingly, the Commission has prepared an agenda of rulemakings
that it presently expects may be considered during the course of the
next year. Subject to a determination for each rule, it is possible as
a general matter that some of these rules may have some impact on small
entities.\1\ The Commission notes also that, under the RFA, it is not
precluded from considering or acting on a matter not included in the
regulatory flexibility agenda, nor is it required to consider or act on
any matter that is listed in the agenda. See 5 U.S.C. 602(d).
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\1\ The Commission published its definition of a ``small
entity'' for purposes of rulemaking proceedings at 47 FR 18618
(April 30, 1982). Pursuant to that definition, the Commission is not
required to list--but nonetheless does--many of the items contained
in this regulatory flexibility agenda. See also 5 U.S.C. 602(a)(1).
Moreover, for certain items listed in this agenda, the Commission
has previously certified, under section 605 of the RFA, 5 U.S.C.
605, that those items will not have a significant economic impact on
a substantial number of small entities. For these reasons, the
listing of a rule in this regulatory flexibility agenda should not
be taken as a determination that the rule, when proposed or
promulgated, will in fact require a regulatory flexibility analysis.
Rather, the Commission has chosen to publish an agenda that includes
significant and other substantive rules, regardless of their
potential impact on small entities, to provide the public with
broader notice of new or revised regulations the Commission may
consider and to enhance the public's opportunity to participate in
the rulemaking process.
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The Commission's Spring 2019 regulatory flexibility agenda is
included in the Unified Agenda of Federal Regulatory and Deregulatory
Actions. The complete Unified Agenda will be available online at
www.reginfo.gov, in a format that offers users enhanced ability to
obtain information from the Agenda database.

Issued in Washington, DC, on March 14, 2019, by the Commission.
Christopher J. Kirkpatrick,
Secretary of the Commission.

Commodity Futures Trading Commission--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
255....................... Regulation Automated 3038-AD52
Trading.
------------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION (CFTC)

Proposed Rule Stage

255. Regulation Automated Trading

E.O. 13771 Designation: Independent agency.
Legal Authority: 7 U.S.C. 1a(23), 7 U.S.C. 6c(a); 7 U.S.C. 7(d);
and 7 U.S.C. 12(a)(5)
Abstract: On November 7, 2016, the Commodity Futures Trading
Commission (``Commission'') approved a supplemental notice of proposed
rulemaking for Regulation AT (``Supplemental NPRM''). The Supplemental
NPRM modifies certain rules proposed in the Commission's December 2015,
notice of proposed rulemaking for Regulation AT (the ``NPRM''). The
Supplemental NPRM was published in the Federal Register on November 25,
2016, with a 90-day comment period closing on January 24, 2017. The
Commission subsequently extended the comment period until May 1, 2017.
The NPRM and Supplemental NPRM, though a set of proposed regulations
collectively referred to as ``Regulation AT,'' would require
registration of certain market participants that engage in proprietary
algorithmic trading; impose pre-trade risk control, testing, and
certification requirements on market participants, futures commission
merchants, and/or designated contract markets; and set forth
preservation and access obligations relating to algorithmic trading
source code.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 09/12/13 78 FR 56542
ANPRM Comment Period End............ 12/11/13 .......................
ANPRM Comment Period Extended....... 01/24/14 79 FR 4104
ANPRM Comment Period Extended End... 02/14/14 .......................
NPRM................................ 12/17/15 80 FR 78824
NPRM Comment Period End............. 03/16/16 .......................
NPRM Comment Period Reopened........ 06/10/16 81 FR 36484
NPRM Comment Period Reopened End.... 06/24/16 .......................
Supplemental NPRM................... 11/25/16 81 FR 85334
Supplemental NPRM Comment Period End 01/24/17 .......................
Supplemental NPRM Comment Period 01/26/17 82 FR 8502
Extended.

[[Page 29727]]

Supplemental NPRM Comment Period 05/01/17 .......................
Extended End.
NPRM................................ 06/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Marilee Dahlman, Special Counsel, Division of
Market Oversight, Commodity Futures Trading Commission, Three Lafayette
Centre, 1155 21st Street NW, Washington, DC 20581, Phone: 202 418-5264,
Email: [email protected]
RIN: 3038-AD52

[FR Doc. 2019-11745 Filed 6-21-19; 8:45 am]
BILLING CODE 6351-01-P

[[Page 29729]]

Vol. 84

Monday,

No. 121

June 24, 2019

Part XXII

Bureau of Consumer Financial Protection

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Unified Agenda

Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

[[Page 29730]]

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BUREAU OF CONSUMER FINANCIAL PROTECTION

12 CFR Ch. X

Semiannual Regulatory Agenda

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Semiannual regulatory agenda.

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SUMMARY: The Bureau of Consumer Financial Protection (Bureau) is
publishing this agenda as part of the Spring 2019 Unified Agenda of
Federal Regulatory and Deregulatory Actions. The Bureau reasonably
anticipates having the regulatory matters identified below under
consideration during the period from May 1, 2019 to April 30, 2020. The
next agenda will be published in fall 2019 and will update this agenda
through fall 2020. Publication of this agenda is in accordance with the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

DATES: This information is current as of March 6, 2019.

ADDRESSES: Bureau of Consumer Financial Protection, 1700 G Street NW,
Washington, DC 20552.

FOR FURTHER INFORMATION CONTACT: A staff contact is included for each
regulatory item listed herein. If you require this document in an
alternative electronic format, please contact
[email protected]

SUPPLEMENTARY INFORMATION: The Bureau is publishing its Spring 2019
Agenda as part of the Spring 2019 Unified Agenda of Federal Regulatory
and Deregulatory Actions, which is coordinated by the Office of
Management and Budget under Executive Order 12866. The agenda lists the
regulatory matters that the Bureau reasonably anticipates having under
consideration during the period from May 1, 2019 to April 30, 2020, as
described further below.\1\ The Bureau's participation in the Unified
Agenda is voluntary. The complete Unified Agenda is available to the
public at the following website: https://www.reginfo.gov.
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\1\ The listing does not include certain routine, frequent, or
administrative matters. Further, the fields ``Unfunded Mandates,''
``E.O. 13771 Designation,'' and ``Federalism Implications'' are not
required for independent regulatory agencies, including the Bureau,
and, accordingly, the Bureau has indicated responses of ``no'' or
``Independent Agency'' for such fields.
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Pursuant to the Dodd-Frank Wall Street Reform and Consumer
Protection Act, Public Law 111-203, 124 Stat. 1376 (Dodd-Frank Act),
the Bureau has rulemaking, supervisory, enforcement, and other
authorities relating to consumer financial products and services. These
authorities include the authority to issue regulations under more than
a dozen Federal consumer financial laws, which transferred to the
Bureau from seven Federal agencies on July 21, 2011. The Bureau's
general purpose, as specified in section 1021 of the Dodd-Frank Act, is
to implement and enforce Federal consumer financial law consistently
for the purpose of ensuring that all consumers have access to markets
for consumer financial products and services and that markets for
consumer financial products and services are fair, transparent, and
competitive.
The Bureau is working on various initiatives to address issues in
markets for consumer financial products and services that are not
reflected in this notice because the Unified Agenda is limited to
rulemaking activities. Section 1021 of the Dodd-Frank Act specifies the
objectives of the Bureau, including ensuring that, with respect to
consumer financial products and services, consumers are provided with
timely and understandable information to make responsible decisions
about financial transactions; consumers are protected from unfair,
deceptive, or abusive acts and practices and from discrimination;
outdated, unnecessary, or unduly burdensome regulations are regularly
identified and addressed in order to reduce unwarranted regulatory
burdens; that Federal consumer financial law is enforced consistently,
without regard to the status of a person as a depository institution,
in order to promote fair competition; and markets for consumer
financial products and services operate transparently and efficiently
to facilitate access and innovation.
A new permanent director of the Bureau took office in December
2018. The Director has embarked on a listening tour to engage with
Bureau stakeholders, employees, and outside experts, building on
feedback submitted through more than 88,000 public comments in response
to the Bureau's 2018 ``Call for Evidence'' initiative. The Bureau
expects to communicate further information about future planning and
priorities after the conclusion of the listening tour. In the meantime,
this Spring 2019 Agenda reflects ongoing rulemaking activities,
including initiatives to implement statutory requirements and to
address the potential sunset of statutory and regulatory provisions.

Implementing Statutory Directives

The Bureau is engaged in a number of rulemakings to implement
directives mandated in the Economic Growth, Regulatory Relief, and
Consumer Protection Act of 2018 (EGRRCPA), Public Law 115-174, 132
Stat. 1297, the Dodd-Frank Act, and other statutes. As part of these
rulemakings, the Bureau is working to achieve the consumer protection
objectives of the statutes while minimizing regulatory burden on
financial services providers, including facilitating industry
compliance with rules.
For example, the Bureau has recently published an Advance Notice of
Proposed Rulemaking to seek public comment relating to implementation
of section 307 of EGRRCPA, which amends the Truth in Lending Act (TILA)
to mandate that the Bureau prescribe certain regulations relating to
``Property Assessed Clean Energy'' (PACE) financing. As defined by
EGRRCPA section 307, PACE financing results in a tax assessment on a
consumer's real property and covers the costs of home improvements. The
required regulations must carry out the purposes of TILA's ability-to-
repay (ATR) requirements, currently in place for residential mortgage
loans, with respect to PACE financing, and apply TILA's general civil
liability provision for violations of the ATR requirements the Bureau
will prescribe for PACE financing. The regulations must ``account for
the unique nature'' of PACE financing.
Later in the spring, the Bureau is preparing to issue a Notice of
Proposed Rulemaking to follow up on an interpretive and procedural rule
that it issued in August 2018 to provide clarification regarding
EGRRCPA amendments to the Home Mortgage Disclosure Act (HMDA), which
requires financial institutions to report certain mortgage information
to Federal financial regulators and the public. The scope of HMDA
reporting was expanded by the Dodd-Frank Act and by the Bureau via rule
in 2015. The EGRRCPA creates partial exemptions that allow certain
insured depository institutions and insured credit unions not to report
certain data points for certain transactions. Among other things, the
August 2018 interpretive and procedural rule provided clarification as
to which loans and lines of credit count toward the EGRRCPA partial
exemption thresholds and which data points are covered by the partial
exemptions. The new proposal will seek to incorporate the August
interpretations and procedures into Regulation C and to implement
further the EGRRCPA amendments to HMDA, as well as to advance the
Bureau's reconsideration of the 2015 HMDA rule as discussed further
below.

[[Page 29731]]

The Bureau has been engaged in a range of other activities to
support implementation of EGRRCPA. For example, the Bureau updated its
small entity compliance guides and other compliance aids to reflect
EGRRCPA's statutory changes. The Bureau also has issued written
guidance as encouraged by section 109 of the Act to facilitate
compliance with certain regulations governing mortgage disclosures.\2\
In addition, the Bureau anticipates engaging in rulemaking to align
superseded regulations with EGRRCPA provisions that do not require
rulemaking to take effect and as needed to facilitate compliance.
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\2\ See, e.g., ``TILA-RESPA Integrated Disclosure FAQs'',
available at https://www.consumerfinance.gov/policy-compliance/
guidance/tila-respa-disclosure-rule/tila-respa-integrated-
disclosure-faqs/.
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Consistent with undertaking rulemaking to implement the EGRRCPA,
the Bureau intends to recommence work later this year to develop rules
to implement section 1071 of the Dodd-Frank Act. Section 1071 amended
the Equal Credit Opportunity Act (ECOA) to require financial
institutions to collect, report, and make public certain information
concerning credit applications made by women-owned, minority-owned, and
small businesses. The Bureau delayed rulemaking to implement this
provision pending implementation of the Dodd-Frank Act amendments to
HMDA and started work on the project after the HMDA rules were issued
in 2015. The Bureau decided to pause work on section 1071 in 2018 in
light of resource constraints and the priority accorded to various HMDA
initiatives. The Bureau expects that it will be able to resume pre-
rulemaking activities on the section 1071 project within this next
year.

Continuation of Other Rulemakings

The Bureau is continuing certain other rulemakings described in its
Fall 2018 Agenda to ensure that markets for consumer financial products
and services operate transparently and efficiently and to address
potential unwarranted regulatory burdens.
For example, the Bureau issued two proposals in February 2019
relating to reconsideration of a 2017 rule titled Payday, Vehicle
Title, and Certain High-Cost Installment Loans. The main proposal would
rescind portions of the 2017 rule that mandated underwriting
requirements for certain short-term and balloon-payment loans. The
second proposal would postpone the compliance date for those same
provisions for fifteen months to allow the Bureau adequate opportunity
to review comments on its main rulemaking and to make any changes to
those provisions before affected entities bear additional costs and
experience related market effects associated with implementing and
complying with those provisions. The proposed postponement would also
account for potential implementation challenges that had not been
anticipated at the time of the 2017 rule. The Bureau expects to issue a
final rule concerning the compliance date in summer 2019 and a final
determination on reconsideration thereafter.
In addition, prior to the enactment of the EGRRCPA, the Bureau in
August 2017, had temporarily increased the threshold for collecting and
reporting HMDA data with respect to open-end lines of credit from 100
loans to 500 loans so that the Bureau could assess whether to make a
permanent adjustment to the 100 open-end line of credit threshold. In
December 2017, the Bureau announced that it intended to open a
rulemaking to reconsider its 2015 HMDA rule more generally. The Bureau
plans to issue a Notice of Proposed Rulemaking in spring 2019 to
address both the open-end threshold and the 2015 HMDA rule's 25-loan
threshold for closed-end loans, as well as implementation of the
EGRRCPA's changes to HMDA as described above. The Bureau also plans to
issue in 2019 an Advance Notice of Proposed Rulemaking concerning
certain data points that are reported under the 2015 HMDA rule. The
Bureau expects at a later date to issue a Notice of Proposed Rulemaking
concerning the public disclosure of HMDA data in light of consumer
privacy interests.\3\
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\3\ The 2010 Dodd-Frank Act amendments to HMDA direct the Bureau
to develop regulations that modify or require modification of the
public HMDA data for the purpose of protecting consumer privacy
interests. The Bureau's 2015 HMDA rule adopted a balancing test to
determine whether and how HMDA data should be modified prior to its
disclosure to the public in order to protect applicant and borrower
privacy while also fulfilling HMDA's public disclosure purpose. The
Bureau in 2018 issued final policy guidance applying the test to
current data fields and announced its intention to conduct a notice-
and-comment rulemaking to seek further input on the public release
going forward. Commencing a notice-and-comment rulemaking will also
enable the Bureau to adopt a more definitive approach to disclosing
HMDA data to the public in future years after considering new
information concerning the privacy risks and benefits of disclosure
of the HMDA data. Given that the Bureau plans to issue an Advance
Notice of Proposed Rulemaking on data points, the Bureau recognizes
any potential modification of the data points may require the Bureau
to update its application of the balancing test to the affected
data. Thus, the Bureau has decided to engage in rulemaking activity
so that data field coverage and privacy issues can be considered and
resolved in coordination.
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Finally, the Bureau expects to issue a Notice of Proposed
Rulemaking by spring 2019 addressing such issues as communication
practices and consumer disclosures in the debt collection market. This
proposal builds on research and pre-rulemaking activities regarding the
debt collection market, which remains a top source of complaints to the
Bureau. The Bureau has also received encouragement from industry and
consumer groups to engage in rulemaking to address how to apply the 40-
year old Fair Debt Collection Practices Act (FDCPA) to modern
collection practices. The Bureau released an outline of proposals under
consideration in July 2016 concerning practices by companies that are
debt collectors under the FDCPA. This outline was released in advance
of convening a panel in August 2016, under the Small Business
Regulatory Enforcement Fairness Act in conjunction with the Office of
Management and Budget and the Small Business Administration's Chief
Counsel for Advocacy to consult with representatives of small
businesses that might be affected by the rulemaking.

New Projects and Further Planning

After completing an assessment in October 2018, of its rules to
implement Dodd-Frank Act requirements for international remittance
transfers,\4\ the Bureau is now considering appropriate steps, which
may include rulemaking, to gather information related to the expiration
of a statutorily-established exception in the Remittance Rule that
permits insured banks and insured credit unions to estimate certain
required disclosures and other potential remittance transfer issues. In
its consideration of appropriate next steps, the Bureau is also taking
account of stakeholder feedback that it received both during and after
the assessment process, particularly with respect to the application of
the rule to smaller providers.
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\4\ ``Remittance rule assessment report'', available at https://
www.consumerfinance.gov/data-research/research-reports/remittance-
rule-assessment report/.
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The Bureau also recently completed an assessment of rules
implementing Dodd-Frank Act provisions that require mortgage lenders to
determine consumers' ability to repay loans and define certain
``qualified mortgages'' that are presumed to comply with the statutory
requirements.\5\ The Bureau is

[[Page 29732]]

now focusing its attention on a regulatory provision that extends
qualified mortgage status to loans that are eligible to be purchased or
guaranteed by either Fannie Mae or Freddie Mac (which are often called
the government sponsored entities or GSEs) while they operate under
Federal conservatorship or receivership. The ``GSE patch'' provision is
set to expire in January 2021, meaning that loans originated after that
date would not be eligible for qualified mortgage status under its
criteria. After further policy analysis on this issue, the Bureau will
determine whether rulemaking or follow up activity is appropriate
concerning the patch or other aspects of the ATR/QM rules.
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\5\ ``2013 Ability-to-Repay and Qualified Mortgage Assessment
Report'', available at https://www.consumerfinance.gov/data-
research/research-reports/2013-ability-repay-and-qualified-mortgage-
assessment-report/.
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As noted above, Bureau leadership is considering further
prioritization and planning of the Bureau's rulemaking activities, both
with regard to substantive projects and modifications to the processes
that the Bureau uses to develop and review regulations. The Bureau is
drawing on a wide range of sources in this process, including
evaluation of projects and process improvements that have been listed
or described in previous Bureau agendas, ideas gathered by an internal
task force on burden reduction, suggestions submitted during the 2018
Call for Evidence initiative, and feedback the Bureau has received
during its current listening tour. While this evaluation is underway,
the Bureau has decided not to revise its current list of long-term
projects other than the changes described above.
The Bureau is also actively reviewing existing regulations. For
example, the Bureau will be conducting an assessment pursuant to
section 1022(d) of the Dodd-Frank Act of its regulations to consolidate
various mortgage origination disclosures under the Truth in Lending Act
and Real Estate Settlement Procedures Act. The Bureau also expects to
undertake reviews consistent with section 610 of the Regulatory
Flexibility Act, of certain regulations which are believed to have a
significant impact on a substantial number of small entities. The
Bureau expects to publish its plan for conducting such review in the
coming months.
Finally, as required by the Dodd-Frank Act, the Bureau is also
continuing to monitor markets for consumer financial products and
services to identify risks to consumers and the proper functioning of
such markets. As discussed in a recent report by the Government
Accountability Office, the Bureau's Division of Research, Markets, and
Regulations and specifically its Markets Offices continuously monitor
market developments and risks to consumers. The Bureau also has created
a number of cross-Bureau working groups focused around specific markets
which advance the Bureau's market monitoring work. Bureau leadership's
listening tour also is seeking stakeholder feedback on these issues.
The Bureau expects by no later than the Fall 2019 Agenda to issue a
more comprehensive statement of priorities to reflect this market
monitoring and the Bureau's other activities discussed above.

Diane Thompson,
Acting Assistant Director for Regulations, Bureau of Consumer Financial
Protection.

Consumer Financial Protection Bureau--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
256....................... Business Lending Data 3170-AA09
(Regulation B).
------------------------------------------------------------------------

Consumer Financial Protection Bureau--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
257....................... Debt Collection Rule...... 3170-AA41
------------------------------------------------------------------------

CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)

Prerule Stage

256. Business Lending Data (Regulation B)

E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 1691c-2
Abstract: Section 1071 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Dodd-Frank Act) amends the Equal Credit
Opportunity Act (ECOA) to require financial institutions to report
information concerning credit applications made by women-owned,
minority-owned, and small businesses. The amendments to ECOA made by
the Dodd-Frank Act require that certain data be collected, maintained,
and reported, including the number of the application and date the
application was received; the type and purpose of the loan or credit
applied for; the amount of credit applied for and approved; the type of
action taken with regard to each application and the date of such
action; the census tract of the principal place of business; the gross
annual revenue of the business; and the race, sex, and ethnicity of the
principal owners of the business. The Dodd-Frank Act also provides
authority for the Bureau to require any additional data that the Bureau
determines would aid in fulfilling the purposes of this section. The
Bureau issued a Request for Information in 2017 seeking public comment
on, among other things, the types of credit products offered and the
types of data currently collected by lenders in this market, and the
potential complexity, cost of, and privacy issues related to, small
business data collection. The information received will help the Bureau
determine how to implement the rule efficiently while minimizing
burdens on lenders. The Bureau had moved this rulemaking to long-term
action status in light of other responsibilities but is now in the
process of reactivating it.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information............. 05/15/17 82 FR 22318
Request for Information Comment 09/14/17 .......................
Period End.
Pre-rule Activity................... 01/00/20 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Elena Grigera Babinecz, Office of Regulations,
Consumer Financial Protection Bureau, Phone: 202 435-7700.

[[Page 29733]]

RIN: 3170-AA09

CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)

Proposed Rule Stage

257. Debt Collection Rule

E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 1692l(d)
Abstract: The Bureau has been engaged in research and pre-
rulemaking activities regarding debt-collection practices. Debt
collection continues to be a top source of complaints to the Bureau.
The Bureau has also received encouragement from industry and consumer
groups to engage in rulemaking to address how to apply the 40-year old
Fair Debt Collection Practices Act (FDCPA) to modern collection
practices. The Bureau released an outline of proposals under
consideration in July 2016, concerning practices by companies that are
debt collectors under the FDCPA, in advance of convening a panel in
August 2016, under the Small Business Regulatory Enforcement Fairness
Act in conjunction with the Office of Management and Budget and the
Small Business Administration's Chief Counsel for Advocacy to consult
with representatives of small businesses that might be affected by the
rulemaking. The Bureau expects to issue a Notice of Proposed Rulemaking
addressing such issues as communication practices and consumer
disclosures by spring 2019.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kristin McPartland, Office of Regulations, Consumer
Financial Protection Bureau, Phone: 202 435-7700.
RIN: 3170-AA41

[FR Doc. 2019-11746 Filed 6-21-19; 8:45 am]
BILLING CODE 4810-AM-P

[[Page 29735]]

Vol. 84

Monday,

No. 121

June 24, 2019

Part XXIII

Consumer Product Safety Commission

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Unified Agenda

Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

[[Page 29736]]

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Ch. II

Semiannual Regulatory Agenda

AGENCY: U.S. Consumer Product Safety Commission.

ACTION: Semiannual regulatory agenda.

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SUMMARY: In this document, the Commission publishes its semiannual
regulatory flexibility agenda. In addition, this document includes an
agenda of regulatory actions that the Commission expects to be under
development or review by the agency during the next year. This document
meets the requirements of the Regulatory Flexibility Act and Executive
Order 12866. The Commission welcomes comments on the agenda and on the
individual agenda entries.

DATES: Comments should be received in the Division of the Secretariat
on or before July 24, 2019.

ADDRESSES: Comments on the regulatory flexibility agenda should be
captioned, ``Regulatory Flexibility Agenda,'' and be emailed to: cpsc-
[email protected] Comments may also be mailed or delivered to the Division
of the Secretariat, U.S. Consumer Product Safety Commission, Room 820,
4330 East West Highway, Bethesda, MD 20814-4408.

FOR FURTHER INFORMATION CONTACT: For further information on the agenda,
in general, contact Adrienne Layton, Directorate for Health Sciences,
U.S. Consumer Product Safety Commission, 4330 East West Highway,
Bethesda, MD 20814-4408 [email protected] For further information
regarding a particular item on the agenda, consult the individual
listed in the column headed, ``Contact,'' for that particular item.

SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (RFA) (5
U.S.C. 601 to 612) contains several provisions intended to reduce
unnecessary and disproportionate regulatory requirements on small
businesses, small governmental organizations, and other small entities.
Section 602 of the RFA (5 U.S.C. 602) requires each agency to publish,
twice each year, a regulatory flexibility agenda containing a brief
description of the subject area of any rule expected to be proposed or
promulgated, which is likely to have a ``significant economic impact''
on a ``substantial number'' of small entities. The agency must also
provide a summary of the nature of the rule and a schedule for acting
on each rule for which the agency has issued a notice of proposed
rulemaking.
The regulatory flexibility agenda also is required to contain the
name and address of the agency official knowledgeable about the items
listed. Furthermore, agencies are required to provide notice of their
agendas to small entities and to solicit their comments by direct
notification or by inclusion in publications likely to be obtained by
such entities.
Additionally, Executive Order 12866 requires each agency to
publish, twice each year, a regulatory agenda of regulations under
development or review during the next year, and the executive order
states that such an agenda may be combined with the agenda published in
accordance with the RFA. The regulatory flexibility agenda lists the
regulatory activities expected to be under development or review during
the next 12 months. It includes all such activities, whether or not
they may have a significant economic impact on a substantial number of
small entities. This agenda also includes regulatory activities that
appeared in the fall 2018 agenda and have been completed by the
Commission prior to publication of this agenda. Although CPSC, as an
independent regulatory agency, is not required to comply with Executive
orders, the Commission does follow Executive Order 12866 regarding the
publication of its regulatory agenda.
The agenda contains a brief description and summary of each
regulatory activity, including the objectives and legal basis for each;
an approximate schedule of target dates, subject to revision, for the
development or completion of each activity; and the name and telephone
number of a knowledgeable agency official concerning particular items
on the agenda.
The internet is the basic means through which the Unified Agenda is
disseminated. The complete Unified Agenda will be available online at:
www.reginfo.gov, in a format that offers users the ability to obtain
information from the Agenda database.
Because publication in the Federal Register is mandated for the
regulatory flexibility agendas required by the Regulatory Flexibility
Act (5 U.S.C. 602), the Commission's printed agenda entries include
only:
(1) Rules that are in the agency's regulatory flexibility agenda,
in accordance with the Regulatory Flexibility Act because they are
likely to have a significant economic impact on a substantial number of
small entities; and
(2) Rules that the agency has identified for periodic review under
section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's agenda
requirements. Additional information on these entries is available in
the Unified Agenda published on the internet.
The agenda reflects an assessment of the likelihood that the
specified event will occur during the next year; the precise dates for
each rulemaking are uncertain. New information, changes of
circumstances, or changes in law may alter anticipated timing. In
addition, no final determination by staff or the Commission regarding
the need for, or the substance of, any rule or regulation should be
inferred from this agenda.

Dated: March 4, 2019.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.

Consumer Product Safety Commission--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
258....................... Flammability Standard for 3041-AB35
Upholstered Furniture.
259....................... Regulatory Options for 3041-AC31
Table Saws.
260....................... Portable Generators....... 3041-AC36
------------------------------------------------------------------------

[[Page 29737]]

Consumer Product Safety Commission--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
261....................... Recreational Off-Road 3041-AC78
Vehicles.
------------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Final Rule Stage

258. Flammability Standard for Upholstered Furniture

E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 1193; 5 U.S.C. 801
Abstract: In October 2003, the Commission issued an advance notice
of proposed rulemaking (ANPRM) to address the risk of fire associated
with cigarette and small open-flame ignitions of upholstered furniture.
The Commission published a notice of proposed rulemaking (NPRM) in
March 2008, and received public comments. The Commission's proposed
rule would require that upholstered furniture have cigarette-resistant
fabrics or cigarette and open flame-resistant barriers. The proposed
rule would not require flame-resistant chemicals in fabrics or
fillings. Since the Commission published the NPRM, CPSC staff has
conducted testing of upholstered furniture, using both full-scale
furniture and bench-scale models, as proposed in the NPRM. In FY 2016,
staff was directed to prepare a briefing package summarizing the
feasibility of adopting California's Technical Bulletin 117-2013 (TB
117-2013) as a mandatory standard. Staff submitted this briefing
package to the Commission in September 2016 with staff suggestions to
continue developing the ASTM and NFPA voluntary standards. In the FY
2017 Operating Plan, the Commission directed staff to work with the
California Bureau of Electronic and Appliance Repair, Home Furnishings
and Thermal Insulation (BEARHFTI), as well as voluntary standards
development organizations, to improve upon and further refine the
technical aspects of TB 117-2013.
Currently, staff is working with voluntary standards organizations,
both ASTM and NFPA, and BEARHFTI to evaluate new provisions and improve
the existing consensus standards related to upholstered furniture
flammability. Depending upon progress of the various standards, in FY
2019, staff plans to prepare a status briefing package on recent
activities.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 06/15/94 59 FR 30735
Commission Hearing May 5 & 6, 1998 03/17/98 63 FR 13017
on Possible Toxicity of Flame-
Retardant Chemicals.
Meeting Notice...................... 03/20/02 67 FR 12916
Notice of Public Meeting............ 08/27/03 68 FR 51564
Public Meeting...................... 09/24/03 .......................
ANPRM............................... 10/23/03 68 FR 60629
ANPRM Comment Period End............ 12/22/03 .......................
Staff Held Public Meeting........... 10/28/04 .......................
Staff Held Public Meeting........... 05/18/05 .......................
Staff Sent Status Report to 01/31/06 .......................
Commission.
Staff Sent Status Report to 11/03/06 .......................
Commission.
Staff Sent Status Report to 12/28/06 .......................
Commission.
Staff Sent Options Package to 12/22/07 .......................
Commission.
Commission Decision to Direct Staff 12/27/07 .......................
to Prepare Draft NPRM.
Staff Sent Draft NPRM to Commission. 01/22/08 .......................
Commission Decision to Publish NPRM. 02/01/08 .......................
NPRM................................ 03/04/08 73 FR 11702
NPRM Comment Period End............. 05/19/08 .......................
Staff Published NIST Report on 05/19/09 .......................
Standard Test Cigarettes.
Staff Publishes NIST Report on 09/14/12 .......................
Standard Research Foam.
Notice of April 25 Public Meeting 03/20/13 78 FR 17140
and Request for Comments.
Staff Holds Upholstered Furniture 04/25/13 .......................
Fire Safety Technology Meeting.
Comment Period End.................. 07/01/13 .......................
Staff Sends Briefing Package to 09/08/16 .......................
Commission on California's TB 117-
2013.
Staff Sends Status Briefing Package 09/00/19 .......................
to the Commission.
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Andrew Lock, Project Manager, Directorate for
Laboratory Sciences, Consumer Product Safety Commission, National
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD
20850, Phone: 301 987-2099, Email: [email protected]
RIN: 3041-AB35

259. Regulatory Options for Table Saws

E.O. 13771 Designation: Independent agency.
Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2051
Abstract: On July 11, 2006, the Commission voted to grant a
petition requesting that the Commission issue a rule prescribing
performance standards for a system to reduce or prevent injuries from
contacting the blade of a table saw. The Commission also directed CPSC
staff to prepare an advance notice of proposed rulemaking (ANPRM)
initiating a rulemaking proceeding under the Consumer Product Safety
Act (CPSA) to: (1) Identify the risk of injury associated with table
saw blade-contact injuries; (2) summarize regulatory alternatives; and
(3) invite comments from the public. An ANPRM was published on October
11, 2011. The comment period ended on February 10, 2012. Staff
participated in the Underwriters Laboratories (UL) working group to
develop performance requirements for table saws, conducted performance
tests on sample table saws, conducted survey work on blade guard use,
and evaluated comments to the ANPRM. Staff prepared a briefing package
with a notice of proposed rulemaking (NPRM) and submitted the package
to the Commission on January 17, 2017. The Commission voted to publish
the NPRM, and the comment period for the NPRM closed on July 26, 2017.
Public oral testimony to the

[[Page 29738]]

Commission was heard on August 9, 2017. Staff conducted a study of
table saw incidents that occurred and were reported through the
National Electronic Injury Surveillance System (NEISS) between January
1, 2017, and December 31, 2017. Staff prepared a report summarizing the
2017 study findings. On December 4, 2018, a notice of availability of
the 2017 study was published in the Federal Register. Staff will
prepare a status briefing package on table saws to the Commission in FY
2019.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Commission Decision to Grant 07/11/06 .......................
Petition.
ANPRM............................... 10/11/11 76 FR 62678
Notice of Extension of Time for 12/02/11 76 FR 75504
Comments.
ANPRM Comment Period End............ 12/12/11 .......................
Comment Period End.................. 02/10/12 .......................
Notice to Reopen Comment Period..... 02/15/12 77 FR 8751
Reopened Comment Period End......... 03/16/12 .......................
Staff Sent NPRM Briefing Package to 01/17/17 .......................
Commission.
Commission Decision................. 04/27/17 .......................
NPRM................................ 05/12/17 82 FR 22190
NPRM Comment Period End............. 07/26/17 .......................
Public Hearing...................... 08/09/17 82 FR 31035
Staff Sent 2016 NEISS Table Saw Type 08/15/17 .......................
Study Status Report to Commission.
Staff Sent 2017 NEISS Table Saw 11/13/18 .......................
Special Study to Commission.
Notice of Availability of 2017 NEISS 12/04/18 83 FR 62561
Table Saw Special Study.
Staff Sends a Status Briefing 09/00/19 .......................
Package on Table Saws to Commission.
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Caroleene Paul, Project Manager, Directorate for
Engineering Sciences, Consumer Product Safety Commission, National
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD
20850, Phone: 301 987-2225, Email: [email protected]
RIN: 3041-AC31

260. Portable Generators

E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 2051
Abstract: On December 5, 2006, the Commission voted to issue an
advance notice of proposed rulemaking (ANPRM) under the Consumer
Product Safety Act (CPSA) concerning portable generators. The ANPRM
discusses regulatory options that could reduce deaths and injuries
related to portable generators, particularly those involving carbon
monoxide (CO) poisoning. The ANPRM was published in the Federal
Register on December 12, 2006. Staff reviewed public comments and
conducted technical activities. In FY 2006, staff awarded a contract to
develop a prototype generator engine with reduced CO in the exhaust.
Also in FY 2006, staff entered into an interagency agreement (IAG) with
the National Institute of Standards and Technology (NIST) to conduct
tests with a generator, in both off-the-shelf and prototype
configurations, operating in the garage attached to NIST's test house.
NIST's test house, a double-wide manufactured home, is designed for
conducting residential indoor air quality (IAQ) studies, and the
scenarios tested are typical of those involving consumer fatalities.
These tests provide empirical data on CO accumulation in the garage and
infiltration into the house; staff used these data to evaluate the
efficacy of the prototype in reducing the risk of fatal or severe CO
poisoning. Under this IAG, NIST also modeled the CO infiltration from
the garage under a variety of other conditions, including different
ambient conditions and longer generator run times. In FY 2009, staff
entered into a second IAG with NIST with the goal of developing CO
emission performance requirements for a possible proposed regulation
that would be based on health effects criteria. In 2011, staff prepared
a package containing staff and contractor reports on the technology
demonstration of the low CO emission prototype portable generator. This
included, among other staff reports, a summary of the prototype
development and durability results, as well as end-of-life emission
test results performed on the generator by an independent emissions
laboratory. Staff's assessment of the ability of the prototype to
reduce the CO poisoning hazard was also included. In September 2012,
staff released this package and solicited comments from stakeholders.
In October 2016, staff delivered a briefing package with a draft
notice of proposed rulemaking (NPRM) to the Commission. In November
2016, the Commission voted to approve the NPRM. The notice was
published in the Federal Register on November 21, 2016, with a comment
period deadline of February 6, 2017. In December 2016, the Commission
voted to extend the comment period until April 24, 2017, in response to
a request to extend the comment period an additional 75 days. The
Commission held a public hearing on March 8, 2017, to provide an
opportunity for stakeholders to present oral comments on the NPRM.
Two voluntary standards now include requirements intended to
address the CO poisoning hazard. In FY 2019 CPSC will solicit public
comments on staff's plans to assess the effectiveness of those
voluntary standards.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Staff Sent ANPRM to Commission...... 07/06/06 .......................
Staff Sent Supplemental Material to 10/12/06 .......................
Commission.
Commission Decision................. 10/26/06 .......................
Staff Sent Draft ANPRM to Commission 11/21/06 .......................
ANPRM............................... 12/12/06 71 FR 74472
ANPRM Comment Period End............ 02/12/07 .......................
Staff Releases Research Report for 10/10/12 .......................
Comment.
Staff Sends NPRM Briefing Package to 10/05/16 .......................
Commission.
NPRM................................ 11/21/16 81 FR 83556
NPRM Comment Period Extended........ 12/13/16 81 FR 89888
Public Hearing for Oral Comments.... 03/08/17 82 FR 8907
NPRM Comment Period End............. 04/24/17 .......................
Staff Sends Notice of Availability 07/00/19 .......................
to the Commission.
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Janet L. Buyer, Project Manager, Directorate for
Engineering Sciences, Consumer Product Safety Commission, National
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD
20850, Phone: 301 987-2293, Email: [email protected]

[[Page 29739]]

RIN: 3041-AC36

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Long-Term Actions

261. Recreational Off-Road Vehicles

E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 2056; 15 U.S.C. 2058
Abstract: The Commission is considering whether recreational off-
road vehicles (ROVs) present an unreasonable risk of injury that should
be regulated. ROVs are motorized vehicles having four or more low-
pressure tires designed for off-road use and intended by the
manufacturer primarily for recreational use by one or more persons. The
salient characteristics of an ROV include a steering wheel for steering
control, foot controls for throttle and braking, bench or bucket seats,
a roll-over protective structure, and a maximum speed greater than 30
mph. On October 21, 2009, the Commission voted to publish an advance
notice of proposed rulemaking (ANPRM) in the Federal Register. The
ANPRM was published in the Federal Register on October 28, 2009, and
the comment period ended December 28, 2009. The Commission received two
letters requesting an extension of the comment period. The Commission
extended the comment period until March 15, 2010. Staff conducted
testing and evaluation programs to develop performance requirements
addressing vehicle stability, vehicle handling, and occupant
protection. On October 29, 2014, the Commission voted to publish an
NPRM proposing standards addressing vehicle stability, vehicle
handling, and occupant protection. The NPRM was published in the
Federal Register on November 19, 2014. On January 23, 2015, the
Commission published a notice of extension of the comment period for
the NPRM, extending the comment period to April 8, 2015. Congress
directed in fiscal year 2016 and reaffirmed in subsequent fiscal year
appropriations that none of the amounts made available by the
Appropriations Bill may be used to finalize or implement the Safety
Standard for Recreational Off-Highway Vehicles published by the CPSC in
the Federal Register on November 19, 2014 (79 FR 68964), (ROV NPRM)
until after the National Academy of Sciences completes a study to
determine specific information as set forth in the Appropriations Bill.
Staff ceased work on a Final Rule briefing package in FY 2015 and
instead engaged the Recreational Off-Highway Vehicle Association
(ROHVA) and Outdoor Power Equipment Institute (OPEI) in the development
of voluntary standards for ROVs. Staff conducted dynamic and static
tests on ROVs, shared test results with ROHVA and OPEI, and
participated in the development of revised voluntary standards to
address staff's concerns with vehicle stability, vehicle handling, and
occupant protection. The voluntary standards for ROVs were revised and
published in 2016 (ANSI/ROHVA 1-2016 and ANSI/OPEI B71.9-2016). Staff
assessed the new voluntary standard requirements and prepared a
termination of rulemaking briefing package that was submitted to the
Commission on November 22, 2016. The Commission voted not to terminate
the rulemaking associated with ROVs. Staff continues to monitor and
participate in voluntary standards activity related to ROVs.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Staff Sends ANPRM Briefing Package 10/07/09 .......................
to Commission.
Commission Decision................. 10/21/09 .......................
ANPRM............................... 10/28/09 74 FR 55495
ANPRM Comment Period Extended....... 12/22/09 74 FR 67987
Extended Comment Period End......... 03/15/10 .......................
Staff Sends NPRM Briefing Package to 09/24/14 .......................
Commission.
Staff Sends Supplemental Information 10/17/14 .......................
on ROVs to Commission.
Commission Decision................. 10/29/14 .......................
NPRM Published in Federal Register.. 11/19/14 79 FR 68964
NPRM Comment Period Extended........ 01/23/15 80 FR 3535
Extended Comment Period End......... 04/08/15 .......................
Staff Sends Briefing Package 11/22/16 .......................
Assessing Voluntary Standards to
Commission.
Commission Decision Not to Terminate 01/25/17 .......................
-----------------------------------
Staff is Evaluating Voluntary To Be Determined
Standards.
------------------------------------------------------------------------

[FR Doc. 2019-11750 Filed 6-21-19; 8:45 am]
BILLING CODE 6355-01-P

[[Page 29741]]

Vol. 84

Monday,

No. 121

June 24, 2019

Part XXIV

Federal Communications Commission

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

Unified Agenda

Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

[[Page 29742]]

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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Ch. I

Unified Agenda of Federal Regulatory and Deregulatory Actions--
Spring 2019

AGENCY: Federal Communications Commission.

ACTION: Semiannual regulatory agenda.

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

SUMMARY: Twice a year, in spring and fall, the Commission publishes in
the Federal Register a list in the Unified Agenda of those major items
and other significant proceedings under development or review that
pertain to the Regulatory Flexibility Act (U.S.C. 602). The Unified
Agenda also provides the Code of Federal Regulations citations and
legal authorities that govern these proceedings. The complete Unified
Agenda will be published on the internet in a searchable format at
www.reginfo.gov.

ADDRESSES: Federal Communications Commission, 445 12th Street SW,
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Maura McGowan, Telecommunications
Policy Specialist, Federal Communications Commission, 445 12th Street
SW, Washington, DC 20554, (202) 418-0990.

SUPPLEMENTARY INFORMATION:

Unified Agenda of Major and Other Significant Proceedings

The Commission encourages public participation in its rulemaking
process. To help keep the public informed of significant rulemaking
proceedings, the Commission has prepared a list of important
proceedings now in progress. The General Services Administration
publishes the Unified Agenda in the Federal Register in the spring and
fall of each year.
The following terms may be helpful in understanding the status of
the proceedings included in this report:
Docket Number--assigned to a proceeding if the Commission has
issued either a Notice of Proposed Rulemaking or a Notice of Inquiry
concerning the matter under consideration. The Commission has used
docket numbers since January 1, 1978. Docket numbers consist of the
last two digits of the calendar year in which the docket was
established plus a sequential number that begins at 1 with the first
docket initiated during a calendar year (e.g., Docket No. 15-1 or
Docket No. 17-1). The abbreviation for the responsible bureau usually
precedes the docket number, as in ``MB Docket No. 17-289,'' which
indicates that the responsible bureau is the Media Bureau. A docket
number consisting of only five digits (e.g., Docket No. 29622)
indicates that the docket was established before January 1, 1978.
Notice of Inquiry (NOI)--issued by the Commission when it is
seeking information on a broad subject or trying to generate ideas on a
given topic. A comment period is specified during which all interested
parties may submit comments.
Notice of Proposed Rulemaking (NPRM)--issued by the Commission when
it is proposing a specific change to Commission rules and regulations.
Before any changes are actually made, interested parties may submit
written comments on the proposed revisions.
Further Notice of Proposed Rulemaking (FNPRM)--issued by the
Commission when additional comment in the proceeding is sought.
Memorandum Opinion and Order (MO&O)--issued by the Commission to
deny a petition for rulemaking, conclude an inquiry, modify a decision,
or address a petition for reconsideration of a decision.
Rulemaking (RM) Number--assigned to a proceeding after the
appropriate bureau or office has reviewed a petition for rulemaking,
but before the Commission has taken action on the petition.
Report and Order (R&O)--issued by the Commission to state a new or
amended rule or state that the Commission rules and regulations will
not be revised.

Marlene H. Dortch,
Secretary, Federal Communications Commission.

Consumer and Governmental Affairs Bureau--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
262....................... Rules and Regulations 3060-AI14
Implementing the
Telephone Consumer
Protection Act (TCPA) of
1991 (CG Docket No. 02-
278).
263....................... Rules and Regulations 3060-AI15
Implementing Section 225
of the Communications Act
(Telecommunications Relay
Service) (CG Docket No.
03-123).
264....................... Consumer Information, 3060-AI61
Disclosure, and Truth in
Billing and Billing
Format (CC Docket No. 98-
170; CG Docket No. 09-
158; WC Docket No. 04-36).
265....................... Misuse of Internet 3060-AK01
Protocol (IP) Captioned
Telephone Service;
Telecommunications Relay
Services and Speech-to-
Speech Services; CG
Docket No. 13-24.
266....................... Advanced Methods to Target 3060-AK62
and Eliminate Unlawful
Robocalls (CG Docket No.
17-59).
------------------------------------------------------------------------

Office of Engineering and Technology--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
267....................... Unlicensed Operation in 3060-AI52
the TV Broadcast Bands
(ET Docket No. 04-186).
268....................... Fixed and Mobile Services 3060-AJ46
in the Mobile Satellite
Service (ET Docket No. 10-
142).
269....................... Federal Earth Stations-- 3060-AK09
Non-Federal Fixed
Satellite Service Space
Stations; Spectrum for
Non-Federal Space Launch
Operations; ET Docket No.
13-115.
270....................... Authorization of 3060-AK10
Radiofrequency Equipment;
ET Docket No. 13-44.
271....................... Spectrum Access for 3060-AK30
Wireless Microphone
Operations (GN Docket
Nos. 14-166 and 12-268).
272....................... Encouraging the Provision 3060-AK80
of New Technologies and
Services to the Public
(GN Docket No. 18-22).
273....................... Spectrum Horizon (ET 3060-AK81
Docket No. 18-21).
274....................... Amendment of Parts 1, 2, 3060-AK82
15, 90, and 95 of the
Commission's Rules to
Permit Radar Services in
the 76-81 GHz Band (ET
Docket No. 15-26).
------------------------------------------------------------------------

[[Page 29743]]

International Bureau--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
275....................... International Settlements 3060-AJ77
Policy Reform (IB Docket
No. 11-80).
276....................... Comprehensive Review of 3060-AJ98
Licensing and Operating
Rules for Satellite
Services (IB Docket No.
12-267).
277....................... Update to Parts 2 and 25 3060-AK59
Concerning
NonGeostationary, Fixed-
Satellite Service Systems
and Related Matters; IB
Docket No. I6-408.
------------------------------------------------------------------------

Media Bureau--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
278....................... Cable Television Rate 3060-AF41
Regulation.
279....................... Implementation of the 3060-AI69
Cable Communications
Policy Act of 1984 as
Amended by the Cable
Television Consumer
Protection and
Competition Act of 1992
(MB Docket No. 05-311).
280....................... Promoting Diversification 3060-AJ27
of Ownership in the
Broadcast Services (MB
Docket Nos. 07-294 and 17-
289).
281....................... Authorizing Permissive Use 3060-AK56
of the ``Next
Generation'' Broadcast
Television Standard (GN
Docket No. 16-142).
282....................... Electronic Delivery of 3060-AK70
MVPD Communications (MB
Docket No. 17-317).
283....................... 2018 Quadrennial 3060-AK77
Regulatory Review of the
Commission's Broadcast
Ownership Rules (MB
Docket 18-349).
284....................... Children's Television 3060-AK78
Programming Rules (MB
Docket 18-202).
285....................... Amendment of Part 74 of 3060-AK79
the Commission's Rules
Regarding FM Translator
Interference (MB Docket
18-119).
------------------------------------------------------------------------

Media Bureau--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
286....................... Broadcast Ownership Rules. 3060-AH97
------------------------------------------------------------------------

Office of Managing Director--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
287....................... Assessment and Collection 3060-AK64
of Regulatory Fees.
------------------------------------------------------------------------

Public Safety and Homeland Security Bureau--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
288....................... Enhanced 911 Services for 3060-AG60
Wireline and Multi-Line
Telephone Systems; PS
Docket Nos. 10-255 and 07-
114.
289....................... Wireless E911 Location 3060-AJ52
Accuracy Requirements; PS
Docket No. 07-114.
290....................... Proposed Amendments to 3060-AK19
Service Rules Governing
Public Safety Narrowband
Operations in the 769-775
and 799-805 MHz Bands; PS
Docket No. 13-87.
291....................... Improving Outage Reporting 3060-AK39
for Submarine Cables and
Enhancing Submarine Cable
Outage Data; GN Docket
No. 15-206.
292....................... Amendments to Part 4 of 3060-AK40
the Commission's Rules
Concerning Disruptions to
Communications; PS Docket
No. 15-80.
293....................... New Part 4 of the 3060-AK41
Commission's Rules
Concerning Disruptions to
Communications; ET Docket
No. 04-35.
294....................... Wireless Emergency Alerts 3060-AK54
(WEA); PS Docket No. 15-
91.
295....................... Blue Alert EAS Event Code. 3060-AK63
------------------------------------------------------------------------

Wireless Telecommunications Bureau--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
296....................... Review of Part 87 of the 3060-AI35
Commission's Rules
Concerning Aviation (WT
Docket No. 01-289).
297....................... Amendment of Part 101 of 3060-AJ47
the Commission's Rules
for Microwave Use and
Broadcast Auxiliary
Service Flexibility.
298....................... Universal Service Reform 3060-AJ58
Mobility Fund (WT Docket
No. 10-208).
299....................... Fixed and Mobile Services 3060-AJ59
in the Mobile Satellite
Service Bands at 1525-
1559 MHz and 1626.5-
1660.5 MHz, 1610-1626.5
MHz and 2483.5-2500 MHz,
and 2000-2020 MHz and
2180-2200 MHz.

[[Page 29744]]

300....................... Improving Spectrum 3060-AJ71
Efficiency Through
Flexible Channel Spacing
and Bandwidth Utilization
for Economic Area-Based
800 MHz Specialized
Mobile Radio Licensees
(WT Docket Nos. 12-64 and
11-110).
301....................... Expanding the Economic and 3060-AJ82
Innovation Opportunities
of Spectrum Through
Incentive Auctions (GN
Docket No. 12-268).
302....................... Service Rules for Advanced 3060-AJ86
Wireless Services of the
Middle Class Tax Relief
and Job Creation Act of
2012 Related to the 1915-
1920 MHz and 1995-2000
MHz Bands (WT Docket No.
12-357).
303....................... Amendment of Parts 1, 2, 3060-AJ87
22, 24, 27, 90 and 95 of
the Commission's Rules to
Improve Wireless Coverage
Through the Use of Signal
Boosters (WT Docket No.
10-4).
304....................... Amendment of the 3060-AJ88
Commission's Rules
Governing Certain
Aviation Ground Station
Equipment (Squitter) (WT
Docket Nos. 10-61 and 09-
42).
305....................... Promoting Technological 3060-AK06
Solutions to Combat
Wireless Contraband
Device Use in
Correctional Facilities;
GN Docket No. 13-111.
306....................... Promoting Investment in 3060-AK12
the 3550-3700 MHz Band;
GN Docket No. 17-258.
307....................... 800 MHz Cellular 3060-AK13
Telecommunications
Licensing Reform; Docket
No. 12-40.
308....................... Updating Part 1 3060-AK28
Competitive Bidding Rules
(WT Docket No. 14-170).
309....................... Use of Spectrum Bands 3060-AK44
Above 24 GHz for Mobile
Services--Spectrum
Frontiers; WT Docket 10-
112.
310....................... Transforming the 2.5 GHz 3060-AK75
Band.
311....................... Expanding Flexible Use of 3060-AK76
the 3.7 to 4.2 GHz Band;
GN Docket No. 18-122.
------------------------------------------------------------------------

Wireline Competition Bureau--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
312....................... Telecommunications 3060-AG43
Carriers' Use of Customer
Proprietary Network
Information and Other
Customer Information (CC
Docket No. 96-115).
313....................... Numbering Resource 3060-AH80
Optimization.
314....................... Jurisdictional Separations 3060-AJ06
315....................... Development of Nationwide 3060-AJ15
Broadband Data to
Evaluate Reasonable and
Timely Deployment of
Advanced Services to All
Americans.
316....................... Local Number Portability 3060-AJ32
Porting Interval and
Validation Requirements
(WC Docket No. 07-244).
317....................... Rural Call Completion; WC 3060-AJ89
Docket No. 13-39.
318....................... Rates for Inmate Calling 3060-AK08
Services; WC Docket No.
12-375.
319....................... Comprehensive Review of 3060-AK20
the Part 32 Uniform
System of Accounts (WC
Docket No. 14-130).
320....................... Restoring Internet Freedom 3060-AK21
(WC Docket No. 17-108);
Protecting and Promoting
the Open Internet (GN
Docket No. 14-28).
321....................... Technology Transitions; GN 3060-AK32
Docket No. 13-5, WC
Docket No. 05-25;
Accelerating Wireline
Broadband Deployment by
Removing Barriers to
Infrastructure
Investment; WC Docket No.
17-84.
322....................... Numbering Policies for 3060-AK36
Modern Communications, WC
Docket No. 13-97.
323....................... Implementation of the 3060-AK57
Universal Service
Portions of the 1996
Telecommunications Act.
------------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION (FCC)

Consumer and Governmental Affairs Bureau

Long-Term Actions

262. Rules and Regulations Implementing the Telephone Consumer
Protection Act (TCPA) of 1991 (CG Docket No. 02-278)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 227
Abstract: In this docket, the Commission considers rules and
policies to implement the Telephone Consumer Protection Act of 1991
(TCPA). The TCPA places requirements on: Robocalls (calls using an
automatic telephone dialing system an, ``autodialer,'' a prerecorded or
an artificial voice), telemarketing calls, and unsolicited fax
advertisements.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kristi Thornton, Associate Division Chief, Federal

[[Page 29745]]

Communications Commission, 445 12th Street SW, Washington, DC 20554,
Phone: 202 418-2467, Email: [email protected]
RIN: 3060-AI14

263. Rules and Regulations Implementing Section 225 of the
Communications Act (Telecommunications Relay Service) (CG Docket No.
03-123)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154; 47 U.S.C. 225
Abstract: This proceeding continues the Commission's inquiry into
improving the quality of telecommunications relay service (TRS) and
furthering the goal of functional equivalency, consistent with
Congress' mandate that TRS regulations encourage the use of existing
technology and not discourage or impair the development of new
technology. In this docket, the Commission explores ways to improve
emergency preparedness for TRS facilities and services, new TRS
technologies, public access to information and outreach, and issues
related to payments from the Interstate TRS Fund.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/25/03 68 FR 50993
R&O, Order on Reconsideration....... 09/01/04 69 FR 53346
FNPRM............................... 09/01/04 69 FR 53382
Public Notice....................... 02/17/05 70 FR 8034
Declaratory Ruling/Interpretation... 02/25/05 70 FR 9239
Public Notice....................... 03/07/05 70 FR 10930
Order............................... 03/23/05 70 FR 14568
Public Notice/Announcement of Date.. 04/06/05 70 FR 17334
Order............................... 07/01/05 70 FR 38134
Order on Reconsideration............ 08/31/05 70 FR 51643
R&O................................. 08/31/05 70 FR 51649
Order............................... 09/14/05 70 FR 54294
Order............................... 09/14/05 70 FR 54298
Public Notice....................... 10/12/05 70 FR 59346
R&O/Order on Reconsideration........ 12/23/05 70 FR 76208
Order............................... 12/28/05 70 FR 76712
Order............................... 12/29/05 70 FR 77052
NPRM................................ 02/01/06 71 FR 5221
Declaratory Ruling/Clarification.... 05/31/06 71 FR 30818
FNPRM............................... 05/31/06 71 FR 30848
FNPRM............................... 06/01/06 71 FR 31131
Declaratory Ruling/Dismissal of 06/21/06 71 FR 35553
Petition.
Clarification....................... 06/28/06 71 FR 36690
Declaratory Ruling on 07/06/06 71 FR 38268
Reconsideration.
Order on Reconsideration............ 08/16/06 71 FR 47141
MO&O................................ 08/16/06 71 FR 47145
Clarification....................... 08/23/06 71 FR 49380
FNPRM............................... 09/13/06 71 FR 54009
Final Rule; Clarification........... 02/14/07 72 FR 6960
Order............................... 03/14/07 72 FR 11789
R&O................................. 08/06/07 72 FR 43546
Public Notice....................... 08/16/07 72 FR 46060
Order............................... 11/01/07 72 FR 61813
Public Notice....................... 01/04/08 73 FR 863
R&O/Declaratory Ruling.............. 01/17/08 73 FR 3197
Order............................... 02/19/08 73 FR 9031
Order............................... 04/21/08 73 FR 21347
R&O................................. 04/21/08 73 FR 21252
Order............................... 04/23/08 73 FR 21843
Public Notice....................... 04/30/08 73 FR 23361
Order............................... 05/15/08 73 FR 28057
Declaratory Ruling.................. 07/08/08 73 FR 38928
FNPRM............................... 07/18/08 73 FR 41307
R&O................................. 07/18/08 73 FR 41286
Public Notice....................... 08/01/08 73 FR 45006
Public Notice....................... 08/05/08 73 FR 45354
Public Notice....................... 10/10/08 73 FR 60172
Order............................... 10/23/08 73 FR 63078
2nd R&O and Order on Reconsideration 12/30/08 73 FR 79683
Order............................... 05/06/09 74 FR 20892
Public Notice....................... 05/07/09 74 FR 21364
NPRM................................ 05/21/09 74 FR 23815
Public Notice....................... 05/21/09 74 FR 23859
Public Notice....................... 06/12/09 74 FR 28046
Order............................... 07/29/09 74 FR 37624
Public Notice....................... 08/07/09 74 FR 39699
Order............................... 09/18/09 74 FR 47894
Order............................... 10/26/09 74 FR 54913
Public Notice....................... 05/12/10 75 FR 26701
Order Denying Stay Motion (Release 07/09/10
Date).
Order............................... 08/13/10 75 FR 49491
Order............................... 09/03/10 75 FR 54040
NPRM................................ 11/02/10 75 FR 67333
NPRM................................ 05/02/11 76 FR 24442
Order............................... 07/25/11 76 FR 44326
Final Rule (Order).................. 09/27/11 76 FR 59551
Final Rule; Announcement of 11/22/11 76 FR 72124
Effective Date.
Proposed Rule (Public Notice)....... 02/28/12 77 FR 11997
Proposed Rule (FNPRM)............... 02/01/12 77 FR 4948
First R&O........................... 07/25/12 77 FR 43538
Public Notice....................... 10/29/12 77 FR 65526
Order on Reconsideration............ 12/26/12 77 FR 75894
Order............................... 02/05/13 78 FR 8030
Order (Interim Rule)................ 02/05/13 78 FR 8032
NPRM................................ 02/05/13 78 FR 8090
Announcement of Effective Date...... 03/07/13 78 FR 14701
NPRM Comment Period End............. 03/13/13
FNPRM............................... 07/05/13 78 FR 40407
FNPRM Comment Period End............ 09/18/13
R&O................................. 07/05/13 78 FR 40582
R&O................................. 08/15/13 78 FR 49693
FNPRM............................... 08/15/13 78 FR 49717
FNPRM Comment Period End............ 09/30/13
R&O................................. 08/30/13 78 FR 53684
FNPRM............................... 09/03/13 78 FR 54201
NPRM................................ 10/23/13 78FR 63152
FNPRM Comment Period End............ 11/18/13
Petiton for Reconsideration; Request 12/16/13 78 FR 76096
for Comment.
Petition for Reconsideration; 12/16/13 78 FR 76097
Request for Comment.
Request for Clarification; Request 12/30/13 78 FR 79362
for Comment; Correction.
Petition for Reconsideration Comment 01/10/14
Period End.
NPRM Comment Period End............. 01/21/14
Announcement of Effective Date...... 07/11/14 79 FR 40003
Announcement of Effective Date...... 08/28/14 79 FR 51446
Correction--Announcement of 08/28/14 79 FR 51450
Effective Date.
Technical Amendments................ 09/09/14 79 FR 53303
Public Notice....................... 09/15/14 79 FR 54979
R&O and Order....................... 10/21/14 79 FR 62875
FNPRM............................... 10/21/14 79 FR 62935
FNPRM Comment Period End............ 12/22/14
Final Action (Announcement of 10/30/14 79 FR 64515
Effective Date).
Final Rule Effective................ 10/30/14
FNPRM............................... 11/08/15 80 FR 72029
FNPRM Comment Period End............ 01/01/16
Public Notice....................... 01/20/16 81 FR 3085
Public Notice Comment Period End.... 02/16/16
R&O................................. 03/21/16 81 FR 14984
FNPRM............................... 08/24/16 81 FR 57851
FNPRM Comment Period End............ 09/14/16
NOI and FNPRM....................... 04/12/17 82 FR 17613
NOI and FNPRM Comment Period End.... 05/30/17
R&O................................. 04/13/17 82 FR 17754
R&O................................. 04/27/17 82 FR 19322
FNPRM............................... 04/27/17 82 FR 19347
FNPRM Comment Period End............ 07/11/17
R&O................................. 06/23/17 82 FR 28566
Public Notice....................... 07/21/17 82 FR 33856
Public Notice--Correction........... 07/25/17 82 FR 34471
Public Notice Comment Period End.... 07/31/17

[[Page 29746]]

Public Notice--Correction Comment 08/17/17
Period End.
R&O................................. 08/22/17 82 FR 39673
Announcement of Effective Date...... 10/17/17 82 FR 48203
Public Notice; Petition for 10/25/17 82 FR 49303
Reconsideration.
Oppositions Due Date................ 11/20/17
R&O and Declaratory Ruling.......... 06/27/18 83 FR 30082
FNPRM............................... 07/18/18 83 FR 33899
FNPRM Comment Period End............ 11/15/18
Public Notice....................... 08/23/18 83 FR 42630
Public Notice Opposition Period End. 09/17/18
Announcement of Effective Date...... 02/04/19 84 FR 1409
Next Action Undetermined............
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Eliot Greenwald, Deputy Chief, Disability Rights
Office, Federal Communications Commission, 445 12th Street SW,
Washington, DC 20554, Phone: 202 418-2235, Email:
[email protected]
RIN: 3060-AI15

264. Consumer Information, Disclosure, and Truth in Billing and Billing
Format (CC Docket No. 98-170; CG Docket No. 09-158; WC Docket No. 04-
36)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 201; 47 U.S.C. 258
Abstract: In these dockets, the Commission examines issues
concerning consumer confusion related to billing for telecommunications
services. It has considered and adopted rules and policies ensuring
truth-in-billing and addressing ``cramming,'' the unlawful placement of
unauthorized charges on a telephone bill.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Erica McMahon, Attorney Advisor, Federal
Communications Commission, Consumer and Governmental Affairs Bureau,
445 12th Street SW, Washington, DC 20554, Phone: 202 418-0346, Email:
[email protected]
RIN: 3060-AI61

265. Misuse of Internet Protocol (IP) Captioned Telephone Service;
Telecommunications Relay Services and Speech-to-Speech Services; CG
Docket No. 13-24

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154; 47 U.S.C. 225
Abstract: The Federal Communications Commission (FCC) initiated
this proceeding in its effort to ensure that Internet-Protocol
Captioned Telephone Service (IP CTS) is available for eligible users
only. In doing so, the FCC adopted rules to address certain practices
related to the provision and marketing of IP CTS. IP CTS is a form of
relay service designed to allow people with hearing loss to speak
directly to another party on a telephone call and to simultaneously
listen to the other party and read captions of what that party is
saying over an IP-enabled device. To ensure that IP CTS is provided
efficiently to persons who need to use this service, the Commission
adopted rules establishing several requirements and issued an FNPRM to
address additional issues.
Timetable:

266. Advanced Methods To Target and Eliminate Unlawful Robocalls (CG
Docket No. 17-59)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 201 and 202; 47 U.S.C. 227; 47 U.S.C.
251(e)
Abstract: The Telephone Consumer Protection Act of 1991 restricts
the use of robocalls autodialed or prerecorded calls in certain
instances. In CG Docket No. 17-59, the Commission considers rules and
policies aimed at eliminating unlawful robocalling. Among the issues it
examines in this docket are whether to allow carriers to block calls
that purport to be from unallocated or unassigned phone numbers through
the use of spoofing; whether to allow

[[Page 29747]]

carriers to block calls based on their own analyses of which calls are
likely to be unlawful; and whether to establish a database of
reassigned phone numbers to help prevent robocalls to consumers who did
not consent to such calls.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM/NOI............................ 05/17/17 82 FR 22625
2nd NOI............................. 07/13/17
NPRM Comment Period End............. 07/31/17
FNPRM............................... 01/08/18 83 FR 770
R&O................................. 01/12/18 83 FR 1566
2nd FNPRM........................... 04/23/18 83 FR 17631
2nd FNPRM Comment Period End........ 06/07/18
2nd FNPRM Reply Comment Period End.. 07/09/18
2nd R&O (release date).............. 12/12/18
Next Action Undetermined............
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Josh Zeldis, Attorney Advisor, Federal
Communications Commission, 445 12th Street SW, Washington, DC 20554,
Phone: 202 418-0715, Email: [email protected]
Karen Schroeder, Attorney Advisor, Federal Communications
Commission, 445 12th Street SW, Washington, DC 20554, Phone: 202 418-
0654, Email: [email protected]
Jerusha Burnett, Attorney Advisor, Federal Communications
Commission, 445 12th Street SW, Washington, DC 20554, Phone: 202 418-
0526, Email: [email protected]
RIN: 3060-AK62

FEDERAL COMMUNICATIONS COMMISSION (FCC)

Office of Engineering and Technology

Long-Term Actions

267. Unlicensed Operation in the TV Broadcast Bands (ET Docket No. 04-
186)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 154(i); 47 U.S.C. 302; 47 U.S.C. 303(e)
and 303(f); 47 U.S.C. 303(r); 47 U.S.C. 307
Abstract: The Commission adopted rules to allow unlicensed radio
transmitters to operate in the broadcast television spectrum at
locations where that spectrum is not being used by licensed services.
(This unused TV spectrum is often termed ``white spaces.'') This action
will make a significant amount of spectrum available for new and
innovative products and services, including broadband data and other
services for businesses and consumers. The actions taken are a
conservative first step that includes many safeguards to prevent
harmful interference to incumbent communications services. Moreover,
the Commission will closely oversee the development and introduction of
these devices to the market and will take whatever actions may be
necessary to avoid and, if necessary, correct any interference that may
occur. The Second Memorandum Opinion and Order finalizes rules to make
the unused spectrum in the TV bands available for unlicensed broadband
wireless devices. This particular spectrum has excellent propagation
characteristics that allow signals to reach farther and penetrate walls
and other structures. Access to this spectrum could enable more
powerful public internet connections--super Wi-Fi hot spots--with
extended range, fewer dead spots, and improved individual speeds as a
result of reduced congestion on existing networks. This type of
``opportunistic use'' of spectrum has great potential for enabling
access to other spectrum bands and improving spectrum efficiency. The
Commission's actions here are expected to spur investment and
innovation in applications and devices that will be used not only in
the TV band, but eventually in other frequency bands as well. This
Order addressed five petitions for reconsideration of the Commission's
decisions in the Second Memorandum Opinion and Order (``Second MO&O'')
in this proceeding and modified rules in certain respects. In
particular, the Commission: (1) Increased the maximum height above
average terrain (HAAT) for sites where fixed devices may operate; (2)
modified the adjacent channel emission limits to specify fixed rather
than relative levels; and (3) slightly increased the maximum
permissible power spectral density (PSD) for each category of TV bands
device. These changes will result in decreased operating costs for
fixed TVBDs and allow them to provide greater coverage, thus increasing
the availability of wireless broadband services in rural and
underserved areas without increasing the risk of interference to
incumbent services. The Commission also revised and amended several of
its rules to better effectuate the Commission's earlier decisions in
this docket and to remove ambiguities.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Hugh Van Tuyl, Electronics Engineer, Federal
Communications Commission, Office of Engineering and Technology, 445
12th Street SW, Washington, DC 20554, Phone: 202 418-7506, Fax: 202
418-1944, Email: [email protected]
RIN: 3060-AI52

268. Fixed and Mobile Services in the Mobile Satellite Service (ET
Docket No. 10-142)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 154(i) and 301; 47 U.S.C. 303(c) and
303(f); 47 U.S.C. 303(r) and 303(y); 47 U.S.C. 310
Abstract: The Notice of Proposed Rulemaking proposed to take a
number of actions to further the provision of terrestrial broadband
services in the MSS bands. In the 2 GHz MSS band, the Commission
proposed to add co-primary fixed and mobile allocations to the existing
mobile-satellite allocation. This would lay the groundwork for
providing additional flexibility in use of the 2 GHz spectrum in the
future. The Commission also proposed to apply the terrestrial secondary
market spectrum leasing rules and procedures to transactions involving
terrestrial use of the MSS spectrum in the 2 GHz, Big LEO, and L-bands
in order to create greater certainty and regulatory parity with bands
licensed for terrestrial broadband service. The Commission also asked,
in a notice of inquiry, about approaches for creating opportunities for
full use of the 2 GHz band for stand-alone terrestrial uses. The
Commission requested comment on ways to promote innovation and
investment throughout the MSS bands while also ensuring market-wide
mobile satellite capability to serve important needs like disaster
recovery and rural access. In the Report and Order, the Commission
amended its rules to make additional spectrum available for new
investment in mobile broadband networks while also ensuring that the
United States maintains robust

[[Page 29748]]

mobile satellite service capabilities. First, the Commission adds co-
primary fixed and mobile allocations to the Mobile Satellite Service
(MSS) 2 GHz band, consistent with the International Table of
Allocations, allowing more flexible use of the band, including for
terrestrial broadband services, in the future. Second, to create
greater predictability and regulatory parity with the bands licensed
for terrestrial mobile broadband service, the Commission extends its
existing secondary market spectrum manager spectrum leasing policies,
procedures, and rules that currently apply to wireless terrestrial
services to terrestrial services provided using the Ancillary
Terrestrial Component (ATC) of an MSS system. Petitions for
Reconsideration have been filed in the Commission's rulemaking
proceeding concerning Fixed and Mobile Services in the Mobile Satellite
Service Bands at 1525-1559 MHz and 1626.5-1660.5 MHz, 1610-1626.5 MHz
and 2483.5-2500 MHz, and 2000-2020 MHz and 2180-2200 MHz, and published
pursuant to 47 CFR 1.429(e). See 1.4(b)(1) of the Commission's rules.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Nicholas Oros, Electronics Engineer, Federal
Communications Commission, 445 12th Street SW, Washington, DC 20554,
Phone: 202 418-0636, Email: [email protected]
RIN: 3060-AJ46

269. Federal Earth Stations--Non-Federal Fixed Satellite Service Space
Stations; Spectrum for Non-Federal Space Launch Operations; ET Docket
No. 13-115

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 154; 47 U.S.C. 302(a); 47 U.S.C. 303; 47
U.S.C. 336
Abstract: The Notice of Proposed Rulemaking proposes to make
spectrum allocation proposals for three different space-related
purposes. The Commission makes two alternative proposals to modify the
Allocation Table to provide interference protection for Fixed-Satellite
Service (FSS) and Mobile-Satellite Service (MSS) earth stations
operated by Federal agencies under authorizations granted by the
National Telecommunications and Information Administration (NTIA) in
certain frequency bands. The Commission also proposes to amend a
footnote to the Allocation Table to permit a Federal MSS system to
operate in the 399.9 to 400.05 MHz band; it also makes alternative
proposals to modify the Allocation Table to provide access to spectrum
on an interference protected basis to Commission licensees for use
during the launch of launch vehicles (i.e., rockets). The Commission
also seeks comment broadly on the future spectrum needs of the
commercial space sector. The Commission expects that, if adopted, these
proposals would advance the commercial space industry and the important
role it will play in our Nation's economy and technological innovation
now and in the future.
Timetable:

270. Authorization of Radiofrequency Equipment; ET Docket No. 13-44

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C. 157(a);
47 U.S.C. 301; 47 U.S.C. 303(f); 47 U.S.C. 303(g); 47 U.S.C. 303(r); 47
U.S.C. 307(e); 47 U.S.C. 332
Abstract: The Commission is responsible for an equipment
authorization program for radiofrequency (RF) devices under part 2 of
its rules. This program is one of the primary means that the Commission
uses to ensure that the multitude of RF devices used in the United
States operate effectively without causing harmful interference and
otherwise comply with the Commission rules. All RF devices subject to
equipment authorization must comply with the Commission's technical
requirement before they can be imported or marketed. The Commission or
a Telecommunication Certification Body (TCB) must approve some of these
devices before they can be imported or marketed, while others do not
require such approval. The Commission last comprehensively reviewed its
equipment authorization program more than 10 years ago. The rapid
innovation in equipment design since that time has led to ever-
accelerating growth in the number of parties applying for equipment
approval. The Commission therefore believes that the time is now right
for us to comprehensively review our equipment authorization processes
to ensure that they continue to enable this growth and innovation in
the wireless equipment market. In May 2012, the Commission began this
reform process by issuing an Order to increase the supply of available
grantee codes. With this Notice of Proposed Rulemaking (NPRM), the
Commission continues its work to review and reform the equipment
authorization processes and rules. This Notice of Proposed Rulemaking
proposes certain changes to the Commission's part 2 equipment
authorization processes to ensure that they continue to operate
efficiently and effectively. In particular, it addresses the role of
TCBs in certifying RF equipment and post-market surveillance, as well
as the Commission's role in assessing TCB performance. The NPRM also
addressed the role of test laboratories in the RF equipment approval
process, including accreditation of test labs and the Commission's
recognition of laboratory accreditation bodies, and measurement
procedures used to determine RF equipment compliance. Finally, it
proposes certain modifications to the rules regarding TCBs that approve
terminal equipment under part 68 of the rules that are consistent with
our proposed modifications to the rules for TCBs that approve RF
equipment. Specifically, the Commission proposes to recognize the
National Institute for Standards and Technology (NIST) as the
organization that designates TCBs in the United States and to modify
the rules to reference the current International Organization for
Standardization and International Electrotechnical Commission (ISO/IEC)
guides used to accredit TCBs.
This Report and Order updates the Commission's radiofrequency (RF)
equipment authorization program to build on the success realized by its
use of Commission-recognized Telecommunications Certification Bodies
(TCBs). The rules the Commission is adopting will facilitate the
continued rapid introduction of new

[[Page 29749]]

and innovative products to the market while ensuring that these
products do not cause harmful interference to each other or to other
communications devices and services.
Timetable:

271. Spectrum Access for Wireless Microphone Operations (GN Docket Nos.
14-166 and 12-268)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C. 157(a);
47 U.S.C. 301; 47 U.S.C. 303(f); 47 U.S.C. 303(g); 47 U.S.C. 303(r); 47
U.S.C. 307(e); 47 U.S.C. 332
Abstract: The Notice of Proposed Rule Making initiated a proceeding
to address how to accommodate the long-term needs of wireless
microphone users. Wireless microphones play an important role in
enabling broadcasters and other video programming networks to serve
consumers, including as they cover breaking news and broadcast live
sports events. They enhance event productions in a variety of settings
including theaters and music venues, film studios, conventions,
corporate events, houses of worship, and internet webcasts. They also
help create high quality content that consumers demand and value.
Recent actions by the Commission, and in particular the repurposing of
broadcast television band spectrum for wireless services set forth in
the Incentive Auction Report and Order, will significantly alter the
regulatory environment in which wireless microphones operate, which
necessitates our addressing how to accommodate wireless microphone
users in the future.
In the Report and Order, the Commission takes several steps to
accommodate the long-term needs of wireless microphone users. Wireless
microphones play an important role in enabling broadcasters and other
video programming networks to serve consumers, including as they cover
breaking news and live sports events. They enhance event productions in
a variety of settings including theaters and music venues, film
studios, conventions, corporate events, houses of worship, and internet
webcasts. They also help create high-quality content that consumers
demand and value. In particular, the Commission provide additional
opportunities for wireless microphone operations in the TV bands
following the upcoming incentive auction, and the Commission provide
new opportunities for wireless microphone operations to access spectrum
in other frequency bands where they can share use of the bands without
harming existing users.
In the Order on Reconsideration, we address the four petitions for
reconsideration of the Wireless Microphones R&O concerning licensed
wireless microphone operations in the TV bands, the 600 MHz duplex
gap'' and several other frequency bands, as well as three petitions for
reconsideration of the TV bands part 15 R&O concerning unlicensed
wireless microphone operations in the TV bands, the 600 MHz guard bands
and duplex gap, and the 600 MHz service band. Because these petitions
involve several overlapping technical and operational issues concerning
wireless microphones, we consolidate our consideration of them in this
one order.
In the Further Notice, we propose to permit certain professional
theater, music, performing arts, or similar organizations that operate
wireless microphones on an unlicensed basis and that meet certain
criteria to obtain a part 74 license to operate in the TV bands (and
the 600 MHz service band during the post-auction transition period),
thereby allowing them to register in the white spaces databases for
interference protection from unlicensed white space devices at venues
where their events/productions are performed. In addition, we propose
to permit these same users, based on demonstrated need, also to obtain
a part 74 license to operate on other bands available for use by part
74 wireless microphone licensees provided that they meet the applicable
requirements for operating in those bands.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Paul Murray, Attorney Advisor, Federal
Communications Commission, Office of Engineering and Technology, 445
12th Street SW, Washington, DC 20554, Phone: 202 418-0688, Fax: 202
418-7447, Email: [email protected]
RIN: 3060-AK30

272. Encouraging the Provision of New Technologies and
Services to the Public (GN Docket No. 18-22)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C. 154(3)
Abstract: In this proceeding, we seek to establish rules describing
guidelines and procedures to implement the stated policy goal of
section 7 to encourage the provision of new technologies and services
to the public. Although the forces of competition and technological
growth work together to enable the development and deployment of many
new technologies and services to the public, the Commission has at
times been slow to identify and take action to ensure that important
new technologies or services are made available as quickly as possible.
The Commission has sought to overcome these impediments by streamlining
many of its processes, but all too often regulatory delays can
adversely impact newly proposed technologies or services.
Timetable:

[[Page 29750]]

273. Spectrum Horizon (ET Docket No. 18-21)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151 and 152; 47 U.S.C. 154; 47 U.S.C.
157; 47 U.S.C. 201; 47 U.S.C. 301; 47 U.S.C. 302(a); 47 U.S.C. 303; 47
U.S.C. 307; 47 U.S.C. 310; 47 U.S.C. 332; Section 76 of 1996 Telecom
Act, As Amended, 47 U.S.C. 302 & Section 1.411
Abstract: In this proceeding, we seek to implement a plan to make
the spectrum above 95 GHz more readily accessible for new innovative
services and technologies. Throughout its history, when the Commission
has expanded access to what was thought to be the upper reaches of the
usable spectrum, new technological advances have emerged to push the
boundary of usable spectrum even further. The frequencies above 95 GHz
are today's spectrum horizons. The Notice sought comment on proposed
rules to permit licensed fixed point-to-point operations in a total of
102.2 gigahertz of spectrum; on making 15.2 gigahertz of spectrum
available for unlicensed use; and on creating a new category of
experimental licenses to increase opportunities for entities to develop
new services and technologies from 95 GHz to 3 THz with no limits on
geography or technology.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Ha, Deputy Division Chief, Federal
Communications Commission, 445 12th Street SW, Washington, DC 20554,
Phone: 201 418-2099, Email: [email protected]
RIN: 3060-AK81

274. Amendment of Parts 1, 2, 15, 90, and 95 of the
Commission's Rules To Permit Radar Services in the 76-81 GHZ Band (ET
Docket No. 15-26)

E.O. 13771 Designation: Independent agency
Legal Authority: 47 U.S.C. 151 and 152; 47 U.S.C. 154(i); 47 U.S.C.
301; 47 U.S.C. 302(a); 47 U.S.C. 303(f)
Abstract: In this Report and Order, we establish a flexible and
streamlined regulatory framework for radar applications that will
operate within the 76-81 GHz band. Specifically, we give vehicular
radars and certain airport-based radars protection from harmful
interference as well as a contiguous five gigahertz allocation,
facilitating the development and deployment of new safety devices.
Doing so also harmonizes our rules with international efforts to create
a global allocation for vehicular radars, while promoting efficient use
of spectrum by consolidating such radars into a single band. In
addition, we establish a comprehensive and consistent set of rules and
policies to govern the operation of vehicular radars and certain
airport-based radars in the 76-81 GHz band.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Howard Griboff, Deputy Chief, Policy Division,
Federal Communications Commission, International Bureau, 445 12th
Street SW, Washington, DC 20554, Phone: 202 418-0657, Fax: 202 418-
2824, Email: [email protected]
RIN: 3060-AK82

FEDERAL COMMUNICATIONS COMMISSION (FCC)

International Bureau

Long-Term Actions

275. International Settlements Policy Reform (IB Docket No. 11-80)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151 to 152; 47 U.S.C. 154; 47 U.S.C. 201
to 205; 47 U.S.C. 208; 47 U.S.C. 211; 47 U.S.C. 214; 47 U.S.C. 303(r);
47 U.S.C. 309; 47 U.S.C. 403
Abstract: The FCC is reviewing the International Settlements Policy
(ISP). It governs how U.S. carriers negotiate with foreign carriers for
the exchange of international traffic, and is the structure by which
the Commission has sought to respond to concerns that foreign carriers
with market power are able to take advantage of the presence of
multiple U.S. carriers serving a particular market. In 2011, the FCC
released an NPRM that proposed to further deregulate the international
telephony market and enable U.S. consumers to enjoy competitive prices
when they make calls to international destinations. First, it proposed
to remove the ISP from all international routes except Cuba. Second,
the FCC sought comment on a proposal to enable the Commission to better
protect U.S. consumers from the effects of anticompetitive conduct by
foreign carriers in instances necessitating Commission intervention. In
2012, the FCC adopted a Report and Order that eliminated the ISP on all
routes, but maintained the nondiscrimination requirement of the ISP on
the U.S.-Cuba route and codified it at 47 CFR 63.22(f). In the Report
and Order, the FCC also adopted measures to protect U.S. consumers from
anticompetitive conduct by foreign carriers. In 2016, the FCC released
an FNPRM seeking comment on removing the discrimination requirement on
the U.S.-Cuba route.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: David Krech, Assoc. Chief, Telecommunications &
Analysis Division, Federal Communications Commission, International
Bureau, 445 12th Street SW, Washington, DC 20554, Phone: 202 418-7443,
Fax: 202 418-2824, Email: [email protected]
RIN: 3060-AJ77

276. Comprehensive Review of Licensing and Operating Rules for
Satellite Services (IB Docket No. 12-267)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 154(i); 47 U.S.C. 157(a); 47 U.S.C. 161;
47 U.S.C. 303(c); 47 U.S.C. 303(g); 47 U.S.C. 303(r)
Abstract: The Commission adopted a Notice of Proposed Rulemaking
(NPRM) to initiate a comprehensive review of part 25 of the
Commission's rules, which governs the licensing and operation of space
stations and earth stations. The Commission proposed amendments to
modernize the rules to better reflect evolving technology, to eliminate
unnecessary technical and information filing requirements, and to
reorganize and simplify existing requirements. In the ensuing Report
and Order, the Commission adopted most of its proposed changes and
revised more

[[Page 29751]]

than 150 rule provisions. Several proposals raised by commenters in the
proceeding, however, were not within the scope of the original NPRM. To
address these and other issues, the Commission released a Further
Notice of Proposed Rulemaking (FNPRM). The FNPRM proposed additional
rule changes to facilitate international coordination of proposed
satellite networks, to revise system implementation milestones and the
associated bond, and to expand the applicability of routine licensing
standards. Following the FNPRM, the Commission issued a Second Report
and Order adopting most of its proposals in the FNPNRM. Among other
changes, the Commission established a two-step licensing procedure for
most geostationary satellite applicants to facilitate international
coordination, simplified the satellite development milestones, adopted
an escalating bond requirement to discourage speculation, and refined
the two-degree orbital spacing policy for most geostationary satellites
to protect existing services. In addition, in May 2016, the
International Bureau published a Public Notice inviting comment on the
appropriate implementation schedule for a Carrier Identification
requirement adopted in the first Report and Order in this proceeding.
In July 2017, the Commission adopted a waiver of the Carrier
Identification requirement for certain earth stations that cannot be
suitably upgraded.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Clay DeCell, Attorney Advisor, Federal
Communications Commission, 445 12th Street SW, Washington, DC 20554,
Phone: 202 418-0803, Email: [email protected]
RIN: 3060-AJ98

277. Update to Parts 2 and 25 Concerning Nongeostationary, Fixed-
Satellite Service Systems and Related Matters; IB Docket No. I6-408

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 154(i); 47 U.S.C. 303; 47 U.S.C. 316
Abstract: On January 11, 2017, the Commission began a rulemaking to
update its rules and policies concerning non-geostationary-satellite
orbit (NGSO), fixed-satellite service (FSS) systems and related
matters. The proposed changes would, among other things, provide for
more flexible use of the 17.8-20.2 GHz bands for FSS, promote shared
use of spectrum among NGSO FSS satellite systems, and remove
unnecessary design restrictions on NGSO FSS systems. The Commission
subsequently adopted a Report and Order establishing new sharing
criteria among NGSO FSS systems and providing additional flexibility
for FSS spectrum use. The Commission also released a Further Notice of
Proposed Rulemaking proposing to remove the domestic coverage
requirement for NGSO FSS systems.
Timetable:

FEDERAL COMMUNICATIONS COMMISSION (FCC)

Media Bureau

Long-Term Actions

278. Cable Television Rate Regulation

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 154; 47 U.S.C. 543
Abstract: The Commission has adopted rate regulations to implement
section 623 of the 1992 Cable Act to ensure that cable subscribers
nationwide enjoy the rates that would be charged by cable systems
operating in a competitive environment.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John Norton, Deputy Division Chief, Policy
Division, Federal Communications Commission, Media Bureau, 445 12th
Street SW, Washington, DC 20554, Phone: 202 418-7037, TDD Phone: 202
418-7172, Fax: 202 418-1196, Email: [email protected]
RIN: 3060-AF41

[[Page 29752]]

279. Implementation of the Cable Communications Policy Act of 1984 as
Amended by the Cable Television Consumer Protection and Competition Act
of 1992 (MB Docket No. 05-311)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C.
541(a)(1); 47 U.S.C. 556(c)
Abstract: Section 621(a)(1) of the Communications Act of 1934, as
amended, states in relevant part that ``a franchising authority . . .
may not unreasonably refuse to award an additional competitive
franchise.'' This proceeding sought to implement section 621(a)(1)'s
directive by examining whether the franchising process unreasonably
impedes the achievement of the interrelated Federal goals of enhanced
cable competition and accelerated broadband deployment and, if so, how
the Commission should act to address that problem. The subsequent
Report and Order found that certain actions by local franchising
authorities constitute an unreasonable refusal to award a competitive
franchise within the meaning of section 621(a)(1). The item included a
Further Notice of Proposed Rulemaking (FNPRM) seeking comment on how
the findings should affect existing franchises. In the Second Report
and Order, a number of the rules promulgated in this docket were
extended to incumbent cable operators. The 2nd FNPRM addressed two
issues raised by a remand from the U.S. Court of Appeals for the Sixth
Circuit concerning how local franchising authorities may regulate cable
operators and cable television services.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Holly Saurer, Associate Chief, Federal
Communications Commission, Media Bureau, 445 12th Street SW,
Washington, DC 20554, Phone: 202 418-7283, Fax: 202 418-1069, Email:
[email protected]
RIN: 3060-AI69

280. Promoting Diversification of Ownership in the Broadcast Services
(MB Docket Nos. 07-294 and 17-289)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 152(a); 47 U.S.C. 154(i)
and (j); 47 U.S.C. 257; 47 U.S.C. 303(r); 47 U.S.C. 307 to 310; 47
U.S.C. 336; 47 U.S.C. 534 and 535
Abstract: Diversity and competition are longstanding and important
Commission goals. The measures proposed, as well as those adopted in
this proceeding, are intended to promote diversity of ownership of
media outlets. In the Report and Order and Third FNPRM, measures are
enacted to increase participation in the broadcasting industry by new
entrants and small businesses, including minority- and women-owned
businesses. In the Report and Order and Fourth FNPRM, the Commission
adopts improvements to its data collection in order to obtain an
accurate and comprehensive assessment of minority and female broadcast
ownership in the United States. In 2016, the Commission made
improvements to the collection of data reported on Forms 323 and 323-E.
On reconsideration in 2017, the Commission provided NCE filers with
alternative means to file required Form 323-E without submitting
personal information.
Pursuant to a remand from the Third Circuit, the measures adopted
in the 2009 Diversity Order were put forth for comment in the NPRM for
the 2010 review of the Commission's Broadcast Ownership rules. The
Commission sought additional comment in 2014. The Commission addressed
the remand in the 2016 Second Report and Order in the Broadcast
Ownership proceeding. The Commission developed a revenue-based
definition of eligible entity in order to promote small business
participation in the broadcast industry. The Commission failed to adopt
a race or gender conscious eligible entity standard. The Commission
found the record was not sufficient to satisfy the constitutional
standards to adopt race or gender conscious measures. In 2018, the
Commission established the requirements that will govern an incubator
program to promote ownership diversity.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brendan Holland, Chief, Industry Analysis Division,
Media Bureau, Federal Communications Commission, 445 12th Street SW,
Washington, DC 20554, Phone: 202 418-2486, Email:
[email protected]
RIN: 3060-AJ27

281. Authorizing Permissive Use of the ``Next Generation'' Broadcast
Television Standard (GN Docket No. 16-142)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154; 47 U.S.C. 157; 47
U.S.C. 301; 47 U.S.C. 303; 47 U.S.C. 307 to 309; 47 U.S.C. 316; 47
U.S.C. 319; 47 U.S.C. 325(b); 47 U.S.C. 336; 47 U.S.C. 399(b); 47
U.S.C. 403; 47 U.S.C. 534; 47 U.S.C. 535
Abstract: In this proceeding, the Commission seeks to authorize
television broadcasters to use the ``Next Generation'' ATSC 3.0
broadcast television transmission standard on a voluntary, market-
driven basis, while they continue to deliver current-generation digital
television broadcast service to their viewers. In the Report and Order,
the Commission adopted rules to afford broadcasters flexibility to
deploy ATSC 3.0-based transmissions, while minimizing the impact on,
and costs to, consumers and other industry stakeholders.
The FNPRM sought comment on three topics: (1) Issues related to the
local simulcasting requirement, (2) whether to let broadcasters use
vacant channels in the broadcast band, and (3) the import of the Next
Gen standard on simulcasting stations.
Timetable:

[[Page 29753]]

NPRM Comment Period End............. 05/09/17
FNPRM............................... 12/20/17 82 FR 60350
R&O................................. 02/02/18 83 FR 4998
FNPRM Comment Period End............ 02/20/18
FNPRM Reply Comment Period End...... 03/20/18
Next Action Undetermined............
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Evan Baranoff, Attorney, Policy Division, Federal
Communications Commission, Media Bureau, 445 12th Street SW,
Washington, DC 20554, Phone: 202 418-7142, Email:
[email protected]
RIN: 3060-AK56

282. Electronic Delivery of MVPD Communications (MB Docket No. 17-317)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C., sec. 151
Abstract: In this proceeding, the Commission addresses ways to
modernize certain notice provisions in part 76 of the Commission's
rules governing multichannel video and cable television service. The
Commission considers allowing various types of written communications
from cable operators to subscribers to be delivered electronically.
Additionally, the Commission considers permitting cable operators to
reply to consumer requests or complaints by email in certain
circumstances. The Commission also evaluates updating the requirement
in the Commission's rules that requires broadcast television stations
to send carriage election notices via certified mail.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Martha Heller, Chief, Policy, Media Bureau, Federal
Communications Commission, 445 12th Street SW, Washington, DC 20554,
Phone: 202 418-2120, Email: [email protected]
RIN: 3060-AK70

283. 2018 Quadrennial Regulatory Review of the Commission's
Broadcast Ownership Rules (MB Docket 18-349)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 152(a); 47 U.S.C. 154(i);
47 U.S.C. 257; 47 U.S.C. 303; 47 U.S.C. 307; 47 U.S.C. 309 and 310; 47
U.S.C. 403; sec. 202(h) of the Telecommunications Act
Abstract: Section 202(h) of the Telecommunications Act of 1996
requires the Commission to review its broadcast ownership rules every 4
years and to determine whether any such rules are necessary in the
public interest as the result of competition. The rules subject to
review in the 2018 quadrennial review are the Local Radio Ownership
Rule, the Local Television Ownership Rule, and the Dual Network Rule.
The Commission also sought comment on potential pro-diversity proposals
including extending cable procurement requirements to broadcasters,
adopting formulas aimed at creating media ownership limits that promote
diversity, and developing a model for market-based, tradeable diversity
credits to serve as an alternative method for setting ownership limits.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM (release date)................. 12/13/18
Next Action Undetermined............
------------------------------------------------------------------------

284. Children's Television Programming Rules (MB Docket 18-
202)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 303; 47 U.S.C. 303b; 47 U.S.C. 307; 47
U.S.C. 336
Abstract: The Children's Television Act of 1990 (CTA) requires that
the Commission consider, in its review of television license renewals,
the extent to which the licensee has served the educational and
informational needs of children through its overall programming,
including programming specifically designed to serve such needs. The
Commission adopted rules implementing the CTA in 1991, and revised
these rules in 1996, 2004, and 2006. In this proceeding, the Commission
proposes to revise the children's television programming rules to
modify outdated requirements and to give broadcasters greater
flexibility in serving the educational and informational needs of
children.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kathy Berthot, Attorney, Policy Division Media
Bureau, Federal Communications Commission, 445 12th Street SW,
Washington, DC 20554, Phone: 202 418-7454, Email:
[email protected]
RIN: 3060-AK78

285. Amendment of Part 74 of the Commission's Rules Regarding
FM Translator Interference (MB Docket 18-119)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i) and 154(j); 47
U.S.C. 301; 47 U.S.C. 303; 47 U.S.C. 307 to 309; 47 U.S.C. 316; 47
U.S.C. 319
Abstract: In this proceeding, the Commission proposes to streamline
the rules relating to interference caused by FM translators and
expedite the translator complaint resolution process. The rule changes
are intended to limit or avoid protracted and contentious interference
resolution disputes, provide translator licensees both additional
flexibility to remediate interference and additional investment
certainty, and allow earlier and expedited resolution of interference
complaints by affected stations.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Christine Goepp, Attorney, Audio Div., Media
Bureau, Federal Communications Commission, 445 12th Street SW,
Washington, DC 20554, Phone: 202 418-7834, Email:
[email protected]

[[Page 29754]]

RIN: 3060-AK79

FEDERAL COMMUNICATIONS COMMISSION (FCC)

Media Bureau

Completed Actions

286. Broadcast Ownership Rules

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 152(a); 47 U.S.C. 154(i);
47 U.S.C. 303; 47 U.S.C. 307; 47 U.S.C. 309 and 310
Abstract: Section 202(h) of the Telecommunications Act of 1996
requires the Commission to review its ownership rules every four years
and determine whether any such rules are necessary in the public
interest as the result of competition. Accordingly, every four years,
the Commission undertakes a comprehensive review of its broadcast
multiple and cross-ownership limits examining: Cross-ownership of TV
and radio stations; local TV ownership limits; national TV cap; and
dual network rule. The last review undertaken was the 2014 review. The
Commission incorporated the record of the 2010 review and sought
additional data on market conditions and competitive indicators. The
Commission also sought comment on whether to eliminate restrictions on
newspaper/radio combined ownership and whether to eliminate the radio/
television cross-ownership rule in favor of reliance on the local radio
rule and the local television rule. In 2016, the Commission retained
the existing rules with modifications to account for the digital
television transition. Upon reconsideration, it repealed and modified
several ownership rules. Specifically repealed were the newspaper/
broadcast cross-ownership rule, the radio/television cross-ownership
rule, and the attributions rule for television joint-sales agreements.
Timetable:

FEDERAL COMMUNICATIONS COMMISSION (FCC)

Office of Managing Director

Long-Term Actions

287. Assessment and Collection of Regulatory Fees

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 159
Abstract: Section 9 of the Communications Act of 1934, as amended,
47 U.S.C. 159, requires the Federal Communications Commission to
recover the cost of its activities by assessing and collecting annual
regulatory fees from beneficiaries of the activities.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roland Helvajian, Office of the Managing Director,
Federal Communications Commission, 445 12th Street SW, Washington, DC
20554, Phone: 202 418-0444, Email: [email protected]
RIN: 3060-AK64

FEDERAL COMMUNICATIONS COMMISSION (FCC)

Public Safety and Homeland Security Bureau

Long-Term Actions

288. Enhanced 911 Services for Wireline and Multi-Line Telephone
Systems; PS Docket Nos. 10-255 and 07-114

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C. 201; 47
U.S.C. 222; 47 U.S.C. 251
Abstract: The policies set forth in the Report and Order will
assist State governments in drafting legislation that will ensure that
multi-line telephone systems are compatible with the enhanced 911
network. The public notice seeks comment on whether the Commission,
rather than States, should regulate multiline telephone systems and
whether part 68 of the Commission's rules should be revised.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brenda Boykin, Attorney Advisor, Public Safety and
Homeland Security Bureau, Federal Communications Commission, 445 12th
Street SW, Washington, DC 20554, Phone: 202 418-2062, Email:
[email protected]
RIN: 3060-AG60

289. Wireless E911 Location Accuracy Requirements; PS Docket No. 07-114

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154; 47 U.S.C. 332
Abstract: This is related to the proceedings in which the FCC has
previously acted to improve the quality of all emergency services.
Wireless carriers must provide specific automatic

[[Page 29755]]

location information in connection with 911 emergency calls to Public
Safety Answering Points (PSAPs). Wireless licensees must satisfy
enhanced 911 location accuracy standards at either a county-based or a
PSAP-based geographic level.
Timetable:

290. Proposed Amendments to Service Rules Governing Public Safety
Narrowband Operations in the 769-775 and 799-805 MHz Bands; PS Docket
No. 13-87

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 160; 47 U.S.C. 201; 47
U.S.C. 303; 47 U.S.C. 337(a); 47 U.S.C. 403
Abstract: This proceeding seeks to amend the Commission's rules to
promote spectrum efficiency, interoperability, and flexibility in 700
MHz public safety narrowband operations (769-775 and 799-805 MHz).
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brian Marenco, Electronics Engineer, Federal
Communications Commission, 445 12th Street SW, Washington, DC 20554,
Phone: 202 418-0838, Email: [email protected]
RIN: 3060-AK19

291. Improving Outage Reporting for Submarine Cables and Enhancing
Submarine Cable Outage Data; GN Docket No. 15-206

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154; 47 U.S.C. 34 to 39;
47 U.S.C. 301
Abstract: This proceeding takes steps toward assuring the
reliability and resiliency of submarine cables, a critical piece of the
Nation's communications infrastructure, by proposing to require
submarine cable licensees to report to the Commission when outages
occur and communications are disrupted. The Commission's intent is to
enhance national security and emergency preparedness by these actions.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM (Release Date)................. 09/17/15 .......................
R&O................................. 06/24/16 81 FR 52354
Petitions for Recon................. 09/08/16 .......................
Petitions for Recon--Public Comment. 10/31/16 81 FR 75368
Next Action Undetermined............
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brenda Villanueva, Attorney Advisor, Public Safety
and Homeland Security Bureau, Federal Communications Commission, 445
12th Street SW, Washington, DC 20554, Phone: 202 418-7005, Email:
[email protected]
RIN: 3060-AK39

292. Amendments to Part 4 of the Commission's Rules Concerning
Disruptions to Communications; PS Docket No. 15-80

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 CFR 0; 47 CFR 4; 47 CFR 63
Abstract: The 2004 Report and Order (R&O) extended the Commission's
communication disruptions reporting rules to non-wireline carriers and
streamlined reporting through a new electronic template (see docket ET
Docket 04-35). In 2015, this proceeding, PS Docket 15-80, was opened to
amend the original communications disruption reporting rules from 2004
in order to reflect technology transitions observed throughout the
telecommunications sector. The Commission seeks to further study the
possibility to share the reporting database information and access with
State and other Federal entities. In May 2016, the Commission released
a Report and Order, FNPRM, and Order on Reconsideration (see also
Dockets 11-82 & 04-35). The R&O adopted rules to update the part 4
requirements to reflect technology transitions. The FNPRM sought
comment on sharing information in the reporting database. Comments and
replies were received by the Commission in August and September 2016.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Robert Finley, Attorney Advisor, Public Safety and
Homeland Security Bureau, Federal Communications Commission, 445 12th
Street SW, Washington, DC 20554, Phone: 202 418-7835, Email:
[email protected]
RIN: 3060-AK40

[[Page 29756]]

293. New Part 4 of the Commission's Rules Concerning Disruptions to
Communications; ET Docket No. 04-35

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 154 and 155; 47 U.S.C. 201; 47 U.S.C.
251; 47 U.S.C. 307; 47 U.S.C. 316
Abstract: The proceeding creates a new part 4 in title 47, and
amends part 63.100. The proceeding updates the Commission's
communication disruptions reporting rules for wireline providers
formerly found in 47 CFR 63.100, and extends these rules to other non-
wireline providers. Through this proceeding, the Commission streamlines
the reporting process through an electronic template. The Report and
Order received several petitions for reconsideration, of which two were
eventually withdrawn. In 2015, seven were addressed in an Order on
Reconsideration and in 2016 another petition was addressed in an Order
on Reconsideration. One petition (CPUC Petition) remains pending
regarding NORS database sharing with states, which is addressed in a
separate proceeding, PS Docket 15-80. To the extent the communication
disruption rules cover VoIP, the Commission studies and addresses these
questions in a separate docket, PS Docket 11-82.
In May 2016, the Commission released a Report and Order, FNPRM, and
Order on Reconsideration (see Dockets 11-82 & 15-80). The Order on
Reconsideration addressed outage reporting for events at airports, and
the FNPRM sought comment on database sharing. Comments and replies were
received by the Commission in August and September 2016.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/26/04 69 FR 15761
R&O................................. 11/26/04 69 FR 68859
Denial for Petition for Partial Stay 12/02/04 .......................
Seek Comment on Petition for Recon.. 02/02/10 .......................
Reply Period End.................... 03/19/10 .......................
Seek Comment on Broadband and 07/02/10 .......................
Interconnected VOIP Service
Providers.
Reply Period End.................... 08/16/12 .......................
R&O and Order on Recon.............. 06/16/15 80 FR 34321
FNPRM............................... 07/12/16 81 FR 45095
R&O................................. 07/12/16 81 FR 45055
Order Denying Extension of Time to 09/08/16 .......................
File Reply Comments.
Announcement of Effective Date for 06/22/17 82 FR 28410
Rule Changes in R&O.
Next Action Undetermined............
------------------------------------------------------------------------

294. Wireless Emergency Alerts (WEA); PS Docket No. 15-91

E.O. 13771 Designation: Independent agency.
Legal Authority: Pub. L. 109-347, title VI; 47 U.S.C. 151; 47
U.S.C. 154(i)
Abstract: This proceeding was initiated to improve Wireless
Emergency Alerts (WEA) messaging, ensure that WEA alerts reach only
those individuals to whom they are relevant, and establish an end-to-
end testing program based on advancements in technology.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/19/15 80 FR 77289
NPRM Comment Period End............. 01/13/16 .......................
NPRM Reply Comment Period End....... 02/12/16 .......................
Order............................... 11/01/16 81 FR 75710
FNPRM............................... 11/08/16 81 FR 78539
Comment Period End.................. 12/08/16 .......................
Petition for Recon.................. 12/19/16 81 FR 91899
Order on Recon...................... 12/04/17 82 FR 57158
2nd R&O and 2nd Order on Recon...... 02/28/18 83 FR 8619
Public Notice....................... 04/26/18 83 FR 18257
Public Notice Comment Period End.... 05/29/18 .......................
Public Notice Reply Comment Period 06/11/18 .......................
End.
Next Action Undetermined............
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Elizabeth Cuttner, Attorney Advisor, Policy and
Licensing Div, PSHSB, Federal Communications Commission, 445 12th
Street SW, Washington, DC 20554, Phone: 202 418-2145, Email:
[email protected]
RIN: 3060-AK54

295. Blue Alert EAS Event Code

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151 and 152; 47 U.S.C. 154(i) and
154(o); 47 U.S.C. 301; 47 U.S.C. 303(r) and (v); 47 U.S.C. 307; 47
U.S.C. 309 ; 47 U.S.C. 335; 47 U.S.C. 403; 47 U.S.C. 544(g); 47 U.S.C.
606 and 615
Abstract: In 2015, Congress adopted the Blue Alert Act to help the
States provide effective alerts to the public and law enforcement when
police and other law enforcement officers are killed or are in danger.
To ensure that these state plans are compatible and integrated
throughout the United States as envisioned by the Blue Alert Act, the
Blue Alert Coordinator made a series of recommendations in a 2016
Report to Congress. Among these recommendations, the Blue Alert
Coordinator identified the need for a dedicated EAS event code for Blue
Alerts, and noted the alignment of the EAS with the implementation of
the Blue Alert Act. On June 22, 2017, the FCC released an NPRM
proposing to revise the EAS rules to adopt a new event code, which
would allow transmission of ``Blue Alerts'' to the public over the EAS,
and thus satisfy the stated need for a dedicated EAS event code. On
December 14, 2017, the Commission released an Order adopting a new Blue
Alert EAS Code-BLU. EAS participants must be able to implement the BLU
code by January 19, 2019. BLU alerts must be available to wireless
emergency alerts by July, 2019.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Linda Pintro, Attorney Advisor, Policy and
Licensing Division, PSHSB, Federal Communications Commission, 445 12th
Street SW, Washington, DC 21043, Phone: 202 418-7490, Email:
[email protected]
RIN: 3060-AK63

[[Page 29757]]

FEDERAL COMMUNICATIONS COMMISSION (FCC)

Wireless Telecommunications Bureau

Long-Term Actions

296. Review of Part 87 of the Commission's Rules Concerning Aviation
(WT Docket No. 01-289)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 154; 47 U.S.C. 303; 47 U.S.C. 307(e)
Abstract: This proceeding is intended to streamline, consolidate,
and revise our part 87 rules governing the Aviation Radio Service. The
rule changes are designed to ensure these rules reflect current
technological advances.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jeff Tobias, Attorney Advisor, Federal
Communications Commission, Wireless Telecommunications Bureau, 445 12th
Street SW, Washington, DC 20554, Phone: 202 418-0680, Email:
[email protected]
RIN: 3060-AI35

297. Amendment of Part 101 of the Commission's Rules for Microwave Use
and Broadcast Auxiliary Service Flexibility

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151 and 152; 47 U.S.C. 154(i) and 157;
47 U.S.C. 160 and 201; 47 U.S.C. 214; 47 U.S.C. 301 to 303; 47 U.S.C.
307 to 310; 47 U.S.C. 319 and 324; 47 U.S.C. 332 and 333
Abstract: In this document, the Commission commences a proceeding
to remove regulatory barriers to the use of spectrum for wireless
backhaul and other point-to-point and point-to-multipoint
communications.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John Schauble, Deputy Chief, Broadband Division,
Federal Communications Commission, Wireless Telecommunications Bureau,
445 12th Street SW, Washington, DC 20554, Phone: 202 418-0797, Email:
[email protected]
RIN: 3060-AJ47

298. Universal Service Reform Mobility Fund (WT Docket No. 10-208)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C. 155; 47
U.S.C. 160; 47 U.S.C. 201; 47 U.S.C. 205; 47 U.S.C. 225; 47 U.S.C. 254;
47 U.S.C. 301; 47 U.S.C. 303; 47 U.S.C. 303(c); 47 U.S.C. 303(f); 47
U.S.C. 303(r); 47 U.S.C. 303(y); 47 U.S.C. 309; 47 U.S.C. 310
Abstract: This proceeding establishes the Mobility Fund, which the
Commission is implementing in two phases. Mobility Fund Phase I
consisted of two reverse auctions that provided initial infusions of
funds toward solving persistent gaps in mobile services through
targeted, one-time support for the build-out of current and next-
generation wireless infrastructure in areas where these services are
unavailable. The Mobility Fund Phase II (MF-II) reverse auction aims to
provide support funds over a 10-year term to support build-out of
current and next-generation wireless infrastructure in areas where
unsubsidized services are unavailable. MF-II began with a one-time
collection of existing wireless broadband coverage data from current
providers to determine the areas in which qualified service has been
deployed, which data was used to create a map of areas presumptively
eligible for MF-II support. Entities could challenge asserted
unsubsidized 4G LTE coverage through the Mobility Fund Phase II
challenge process, and providers may file response data countering
challenges. The results of the challenge process will determine the
final list of areas eligible for funding through the MF-II auction.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Audra Hale-Maddox, Attorney Advisor, Federal
Communications Commission, 445 12th Street SW, Washington, DC 20554,
Phone: 202 418-2109, Email: [email protected]
RIN: 3060-AJ58

299. Fixed and Mobile Services in the Mobile Satellite Service Bands at
1525-1559 MHz and 1626.5-1660.5 MHz, 1610-1626.5 MHz and 2483.5-2500
MHz, and 2000-2020 MHz and 2180-2200 MHz

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151 and 154; 47 U.S.C. 303 and 310
Abstract: The Commission proposes steps making additional spectrum
available for new investment in mobile broadband networks, while
ensuring that the United States maintains robust mobile satellite
service capabilities. Mobile broadband is emerging as one of America's
most dynamic innovation and economic platforms. Yet tremendous demand
growth soon will test the limits of spectrum availability. Some 90
megahertz of spectrum, allocated to the Mobile Satellite Service (MSS)
in the 2 GHz band, Big LEO band, and L-band,

[[Page 29758]]

are potentially available for terrestrial mobile broadband use. The
Commission seeks to remove regulatory barriers to terrestrial use and
to promote additional investments, such as those recently made possible
by a transaction between Harbinger Capital Partners and SkyTerra
Communications, while retaining sufficient market-wide MSS capability.
The Commission proposes to add co-primary Fixed and Mobile allocations
to the 2 GHz band, consistent with the International Table of
Allocations. This allocation modification is a precondition for more
flexible licensing of terrestrial services within the band. Second, the
Commission proposes to apply the Commission's secondary market policies
and rules applicable to terrestrial services to all transactions
involving the use of MSS bands for terrestrial services to create
greater predictability and regulatory parity with bands licensed for
terrestrial mobile broadband service. The Commission also requests
comment on further steps we can take to increase the value,
utilization, innovation, and investment in MSS spectrum generally.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Blaise Scinto, Chief, Broadband Division, WTB,
Federal Communications Commission, 445 12th Street SW, Washington, DC
20554, Phone: 202 418-1380, Email: [email protected]
RIN: 3060-AJ59

300. Improving Spectrum Efficiency Through Flexible Channel Spacing and
Bandwidth Utilization for Economic Area-Based 800 Mhz Specialized
Mobile Radio Licensees (WT Docket Nos. 12-64 and 11-110)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151 to 152; 47 U.S.C. 154; 47 U.S.C.
301; 47 U.S.C. 302(a); 47 U.S.C. 303; 47 U.S.C. 307 to 308
Abstract: This proceeding was initiated to allow EA-based 800 MHz
SMR licensees in 813.5-824/858.5-869 MHz to exceed the channel spacing
and bandwidth limitation in section 90.209 of the Commission's rules,
subject to conditions.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Linda Chang, Associate Chief, Mobility Division,
Federal Communications Commission, Wireless Telecommunications Bureau,
445 12th Street SW, Washington, DC 20554, Phone: 202 418-1339, Fax: 202
418-7447, Email: [email protected]
RIN: 3060-AJ71

301. Expanding the Economic and Innovation Opportunities of Spectrum
Through Incentive Auctions (GN Docket No. 12-268)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 309(j)(8)(G); 47 U.S.C. 1452
Abstract: In February 2012, the Middle Class Tax Relief and Job
Creation Act was enacted (Pub. L. 112-96, 126 Stat. 156 (2012)). Title
VI of that statute, commonly known as the Spectrum Act, provides the
Commission with the authority to conduct incentive auctions to meet the
growing demand for wireless broadband. Pursuant to the Spectrum Act,
the Commission may conduct incentive auctions that will offer new
initial spectrum licenses subject to flexible-use service rules on
spectrum made available by licensees that voluntarily relinquish some
or all of their spectrum usage rights in exchange for a portion, based
on the value of the relinquished rights as determined by an auction, of
the proceeds of bidding for the new licenses. In addition to granting
the Commission general authority to conduct incentive auctions, the
Spectrum Act requires the Commission to conduct an incentive auction of
broadcast TV spectrum and sets forth special requirements for such an
auction.
The Spectrum Act requires that the incentive auction consist of a
reverse auction ``to determine the amount of compensation that each
broadcast television licensee would accept in return for voluntarily
relinquishing some or all of its spectrum usage rights and a forward
auction'' that would allow mobile broadband providers to bid for
licenses in the reallocated spectrum. Broadcast television licensees
who elected to voluntarily participate in the auction had three basic
options: voluntarily go off the air, share spectrum, or move channels
in exchange for receiving part of the proceeds from auctioning that
spectrum to wireless providers.
In June 2014, the Commission adopted a Report and Order that laid
out the general framework for the incentive auction. The incentive
auction started on March 29, 2016, with the submission of initial
commitments by eligible broadcast licensees that had submitted timely
and complete applications. The incentive auction officially ended on
April 13, 2017, with the release of the Auction Closing and Channel
Reassignment Public Notice that also marked the start of the 39-month
transition period during which full power and Class A television
stations will transition their stations to their post-auction channel
assignments in the reorganized television bands. Pursuant to Congress'
directive, the Commission will reimburse those stations for the
reasonable costs associated with relocating to their post-auction
channel assignments and will reimburse multichannel video programming
distributors for their costs associated with continuing to carry the
signals of those stations.
The March 2018 Consolidated Appropriations Act (Pub. L. 115-141,
132 Stat. 348 (2018)) authorizes the Commission to reimburse eligible
entities for costs associated with the post-incentive auction
transition through July 3, 2023, and also directed the Commission to
reimburse costs reasonably incurred by low power television stations,
TV translator stations, and FM broadcast stations as a result of the
post-auction reorganization of the television band. The Commission will
initiate a new rulemaking to establish eligibility requirements and
develop procedures for reimbursing these additional entities, and to
identify reasonable costs for reimbursement. The Notice of Proposed
Rulemaking and Order was adopted at the Commission's August 2018
meeting. A Report and Order has been circulated for consideration at
the Commission's March 2019 meeting.
Timetable:

[[Page 29759]]

NPRM................................ 08/27/18 83 FR 43613
Next Action Undetermined............
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Charles Eberle, Senior Counsel, Incentive Auctions
Task Force, Federal Communications Commission, 445 12th Street,
Washington, DC 20554, Phone: 202 418-2248, Email:
[email protected]
RIN: 3060-AJ82

302. Service Rules for Advanced Wireless Services of the Middle Class
Tax Relief and Job Creation Act of 2012 Related to the 1915-1920 MHz
and 1995-2000 MHz Bands (WT Docket No. 12-357)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 301 to 303; 47 U.S.C. 307 to 310
Abstract: The Commission proposes rules for the Advanced Wireless
Services (AWS) H Block that would make available 10 megahertz of
flexible use. The proposal would extend the widely deployed Personal
Communications Services (PCS) band, which is used by the four national
providers as well as regional and rural providers to offer mobile
service across the Nation. The additional spectrum for mobile use will
help ensure that the speed, capacity, and ubiquity of the Nation's
wireless networks keeps pace with the skyrocketing demand for mobile
services.
Today's action is a first step to implement the congressional
directive in the Middle Class Tax Relief and Job Creation Act of 2012
(Spectrum Act) to grant new initial licenses for the 1915-1920 MHz and
1995-2000 MHz bands (the Lower H Block and Upper H Block, respectively)
through a system of competitive bidding, [Acirc]--unless doing so would
cause harmful interference to commercial mobile service licenses in the
1930-1985 MHz (PCS downlink) band. The potential for harmful
interference to the PCS downlink band relates only to the Lower H Block
transmissions, and may be addressed by appropriate technical rules,
including reduced power limits on H Block devices. We, therefore,
propose to pair and license the Lower H Block and the Upper H Block for
flexible use, including mobile broadband, aiming to assign the licenses
through competitive bidding in 2013. In the event that we conclude that
the Lower H Block cannot be used without causing harmful interference
to PCS, we propose to license the Upper H Block for full power, and
seek comment on appropriate use for the Lower H Block, including
Unlicensed PCS.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Peter Daronco, Deputy Division Chief, Broadband
Division, Federal Communications Commission, Wireless
Telecommunications Bureau, 445 12th Street SW, Washington, DC 20554,
Phone: 202 418-7235, Email: [email protected]
RIN: 3060-AJ86

303. Amendment of Parts 1, 2, 22, 24, 27, 90 and 95 of the Commission's
Rules To Improve Wireless Coverage Through the Use of Signal Boosters
(WT Docket No. 10-4)

E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 79; 47 U.S.C. 151; 47 U.S.C. 154(i); 47
U.S.C. 154(j); 47 U.S.C. 155; 47 U.S.C. 157; 47 U.S.C. 225; 47 U.S.C.
227; 47 U.S.C. 303(r)
Abstract: This action adopts new technical, operational, and
registration requirements for signal boosters. It creates two classes
of signal boosters--consumer and industrial--with distinct regulatory
requirements for each, thereby establishing a two-step transition
process for equipment certification for both consumer and industrial
signal boosters sold and marketed in the United States.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Amanda Huetinck, Attorney Advisor, WTB, Federal
Communications Commission, 445 12th Street SW, Washington, DC 20554,
Phone: 202 418-7090, Email: [email protected]
RIN: 3060-AJ87

304. Amendment of the Commission's Rules Governing Certain Aviation
Ground Station Equipment (Squitter) (WT Docket Nos. 10-61 AND 09-42)

E.O. 13771 Designation: Independent agency.
Legal Authority: 48 Stat. 1066, 1082 as amended; 47 U.S.C. 154; 47
U.S.C. 303; 47 U.S.C. 307(e); 47 U.S.C. 151 to 156; 47 U.S.C. 301
Abstract: This action amends part 87 rules to authorize new ground
station technologies to promote safety and allow use of frequency 1090
MHz by aeronautical utility mobile stations for airport surface
detection equipment (commonly referred to as ``squitters'') to help
reduce collisions between aircraft and airport ground vehicles.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Tim Maguire, Electronics Engineer, Federal
Communications Commission, 445 12th Street SW, Washington, DC 20554,
Phone: 202 418-2155, Fax: 202 418-7247, Email: [email protected]
RIN: 3060-AJ88

305. Promoting Technological Solutions To Combat Wireless Contraband
Device Use in Correctional Facilities; GN Docket No. 13-111

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151 to 152; 47 U.S.C. 154(i); 47 U.S.C.
154(j); 47 U.S.C. 301; 47 U.S.C. 303(a); 47 U.S.C. 303(b); 47 U.S.C.
307 to 310; 47 U.S.C. 332; 47 U.S.C. 302(a)
Abstract: In the Report and Order, the Commission addresses the
problem of illegal use of contraband wireless devices by inmates in
correctional facilities by streamlining the process of deploying
contraband wireless device interdiction systems (CIS)--systems that use
radio communications signals requiring Commission authorization--in
correctional facilities. In particular, the Commission eliminates
certain filing requirements and provides for immediate approval of the
lease applications needed to operate these systems.

[[Page 29760]]

In the Further Notice, the Commission seeks comment on a process
for wireless providers to disable contraband wireless devices once they
have been identified. The Commission also seeks comment on additional
methods and technologies that might prove successful in combating
contraband device use in correctional facilities, and on various other
proposals related to the authorization process for CISs and their
deployment.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Melissa Conway, Attorney Advisor, Mobility Div.,
Wireless Bureau, Federal Communications Commission, 445 12th Street SW,
Washington, DC 20554, Phone: 202 418-2887, Email:
[email protected]
RIN: 3060-AK06

306. Promoting Investment in the 3550-3700 MHz Band; GN Docket No. 17-
258

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151 and 152; 47 U.S.C. 154(i); 47 U.S.C.
154(j) ; 47 U.S.C. 302(a); 47 U.S.C. 303 and 304; 47 U.S.C. 307(e); 47
U.S.C. 316
Abstract: The Report and Order and Second Further Notice of
Proposed Rulemaking (NPRM) adopted by the Commission established a new
Citizens Broadband Radio Service for shared wireless broadband use of
the 3550 to 3700 MHz band. The Citizens Broadband Radio Service is
governed by a three-tiered spectrum authorization framework to
accommodate a variety of commercial uses on a shared basis with
incumbent Federal and non-Federal users of the band. Access and
operations will be managed by a dynamic spectrum access system. The
three tiers are: Incumbent Access, Priority Access, and General
Authorized Access. Rules governing the Citizens Broadband Radio Service
are found in part 96 of the Commission's rules.
The Order on Reconsideration and Second Report and Order addressed
several Petitions for Reconsideration submitted in response to the
Report and Order and resolved the outstanding issues raised in the
Second Further Notice of Proposed Rulemaking.
The 2017 NPRM sought comment on limited changes to the rules
governing Priority Access Licenses in the band, adjacent channel
emissions limits, and public release of base station registration
information.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Paul Powell, Assistant Chief, Mobility Division,
WTB, Federal Communications Commission, 445 12th Street SW, Washington,
DC 20554, Phone: 202 418-1613, Email: [email protected]
RIN: 3060-AK12

307. 800 MHz Cellular Telecommunications Licensing Reform; Docket No.
12-40

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151 to 152; 47 U.S.C. 154(i) to 154(j);
47 U.S.C. 301 to 303; 47 U.S.C. 307 to 309; 47 U.S.C. 332
Abstract: The proceeding was launched to revisit and update rules
governing the 800 MHz Cellular Radiotelephone Service (Cellular
Service). On November 10, 2014, the FCC released a Report and Order
(R&O) and Further Notice of Proposed Rulemaking (FNPRM). In the R&O,
the FCC eliminated or streamlined numerous regulatory requirements; in
the FNPRM, the FCC sought comment on additional reforms of the Cellular
rules, including radiated power and other technical rules, to promote
flexibility and help foster deployment of new technologies such as LTE.
On March 24, 2017, the FCC released a Second Report and Order (2d R&O)
and Second Further Notice of Proposed Rulemaking (2d FNPRM). In the 2d
R&O, the FCC revised the Cellular radiated power rules to permit
compliance with limits based on power spectral density as an option for
licensees deploying wideband technologies such as LTE, made conforming
revisions to related technical rules, and adopted additional licensing
reforms. In the 2d FNPRM, the FCC sought comment on other measures to
give Cellular and other part 22 commercial mobile radio service
licensees more flexibility and administrative relief, and on ways to
consolidate and simplify the rules for the Cellular Service and other
geographically licensed wireless services. On July 13, 2018, the FCC
released a Third Report and Order in which it deleted certain part 22
rules that imposed needless recordkeeping and reporting obligations; it
also deleted certain Cellular Service-specific and part 22 rules that
are duplicative of other rules and are thus no longer necessary. These
revisions reduce regulatory burdens for Cellular and other part 22
licensees and provide them with enhanced flexibility, thereby freeing
up more resources for investment in new technologies and greater
spectrum efficiency to meet increasing consumer demand for advanced
wireless services.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/16/12 77 FR 15665
NPRM Comment Period End............. 05/15/12
NPRM Reply Comment Period End....... 06/14/12
R&O................................. 12/05/14 79 FR 72143
FNPRM............................... 12/22/14 79 FR 76268
Final Rule Effective (With 3 01/05/15
Exceptions).
FNPRM Comment Period End............ 01/21/15
FNPRM Reply Comment Period End...... 02/20/15
2nd R&O............................. 04/12/17 82 FR 17570
2nd FNPRM........................... 04/14/17 82 FR 17959

[[Page 29761]]

Final Rule Effective (With 9 05/12/17
Exceptions).
2nd FNPRM Comment Period End........ 05/15/17
2nd FNPRM Reply Comment Period End.. 06/14/17
3rd R&O............................. 08/02/18 83 FR 37760
Final Rule Effective (With 1 09/04/18
Exception).
Next Action Undetermined............
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Nina Shafran, Attorney Advisor, Wireless Bureau,
Mobility Div., Federal Communications Commission, 445 12th Street SW,
Washington, DC 20554, Phone: 202 418-2781, Email: [email protected]
RIN: 3060-AK13

308. Updating Part 1 Competitive Bidding Rules (WT Docket No. 14-170)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C. 303(r);
47 U.S.C. 309(j); 47 U.S.C. 316
Abstract: This proceeding was initiated to revise some of the
Commission's general part 1 rules governing competitive bidding for
spectrum licenses to reflect changes in the marketplace, including the
challenges faced by new entrants, as well as to advance the statutory
directive to ensure that small businesses, rural telephone companies,
and businesses owned by members of minority groups and women are given
the opportunity to participate in the provision of spectrum-based
services. In July 2015, the Commission revised its competitive bidding
rules, specifically adopting revised requirements for eligibility for
bidding credits, a new rural service provider bidding credit, a
prohibition on joint bidding agreements and other changes.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kelly Quinn, Assistant Chief, Auctions and Spectrum
Access Division, Federal Communications Commission, 445 12th Street SW,
Washington, DC 20554, Phone: 202 418-0660, Email: [email protected]
RIN: 3060-AK28

309. Use of Spectrum Bands Above 24 GHZ for Mobile Services--Spectrum
Frontiers; WT Docket 10-112

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151 to 154; 47 U.S.C. 157; 47 U.S.C.
160; 47 U.S.C. 201; 47 U.S.C. 225; 47 U.S.C. 227; 47 U.S.C. 301 and
302; 47 U.S.C. 302(a); 47 U.S.C. 303 and 304; 47 U.S.C. 307; 47 U.S.C.
309 and 310; 47 U.S.C. 316; 47 U.S.C. 319; 47 U.S.C. 332; 47 U.S.C.
336; 47 U.S.C. 1302
Abstract: In this proceeding, the Commission adopted service rules
for licensing of mobile and other uses for millimeter wave (mmW) bands.
These high frequencies previously have been best suited for satellite
or fixed microwave applications; however, recent technological
breakthroughs have newly enabled advanced mobile services in these
bands, notably including very high speed and low latency services. This
action will help facilitate Fifth Generation mobile services and other
mobile services. In developing service rules for mmW bands, the
Commission will facilitate access to spectrum, develop a flexible
spectrum policy, and encourage wireless innovation.
Timetable:

310. Transforming the 2.5 GHZ Band

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151 to 153; 47 U.S.C. 154(i); 47 U.S.C.
157; 47 U.S.C. 201; 47 U.S.C. 301 and 302; 47 U.S.C. 304; 47 U.S.C. 307
to 310; 47 U.S.C. 1302
Abstract: The 2.5 GHz band (2496-2690 MHz) constitutes the single
largest band of contiguous spectrum below 3 GHz and has been identified
as prime spectrum for next generation mobile operations, including 5G
uses. Significant portions of this band, however, currently lie fallow
across approximately one-half of the United States, primarily in rural
areas. Moreover, access to the Educational Broadband Service (EBS) has
been strictly limited since 1995, and current licensees are subject to
a regulatory regime largely unchanged from the days when educational TV
was the only use envisioned for this spectrum. The Commission proposes
to allow more efficient and effective use of this spectrum band by
providing greater flexibility to current EBS licensees as well as
providing new opportunities for additional entities to obtain unused
2.5 GHz spectrum to facilitate improved access to next generation
wireless broadband, including 5G. The Commission also seeks comment on
additional approaches for transforming the 2.5 GHz band, including by
moving directly to an auction for some or all of the spectrum.
Timetable:

[[Page 29762]]

311. Expanding Flexible Use of the 3.7 to 4.2 GHZ Band; GN
Docket No. 18-122

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151 to 153; 47 U.S.C. 154(i); 47 U.S.C.
157; 47 U.S.C. 201; 47 U.S.C. 301 to 304 ; 47 U.S.C. 307 to 310; 47
U.S.C. 1302; . . .
Abstract: In this proceeding, the Commission is pursuing the joint
goals of making spectrum available for new wireless uses while
balancing desired speed to the market, efficiency of use, and
effectively accommodating incumbent Fixed Satellite Service (FSS) and
Fixed Service (FS) operations in the band. To gain a clearer
understanding of the operations of current users in the band, the
Commission collects information on current FSS uses. The Commission
then seeks comment on various proposals for transitioning all or part
of the band for flexible use, terrestrial mobile spectrum, with
clearing for flexible use beginning at 3.7 GHz and moving higher up in
the band as more spectrum is cleared. The Commission also seeks comment
on potential changes to the Commission's rules to promote more
efficient and intensive fixed use of the band on a shared basis
starting in the top segment of the band and moving down the band. To
add a mobile, except aeronautical mobile, allocation and to develop
rules that would enable the band to be transitioned for more intensive
fixed and flexible uses, the Commission encourages commenters to
discuss and quantify the costs and benefits associated with any
proposed approach along with other helpful technical or procedural
details.
Timetable:

FEDERAL COMMUNICATIONS COMMISSION (FCC)

Wireline Competition Bureau

Long-Term Actions

312. Telecommunications Carriers' Use of Customer Proprietary Network
Information and Other Customer Information (CC Docket No. 96-115)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154; 47 U.S.C. 222; 47
U.S.C. 272; 47 U.S.C. 303(r)
Abstract: The Commission adopted rules implementing the new
statutory framework governing carrier use and disclosure of customer
proprietary network information (CPNI) created by section 222 of the
Communications Act of 1934, as amended. CPNI includes, among other
things, to whom, where, and when a customer places a call, as well as
the types of service offerings to which the customer subscribes and the
extent to which the service is used.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Melissa Kirkel, Attorney Advisor, Federal
Communications Commission, Wireline Competition Bureau, 445 12th Street
SW, Washington, DC 20554, Phone: 202 418-7958, Fax: 202 418-1413,
Email: [email protected]
RIN: 3060-AG43

313. Numbering Resource Optimization

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154; 47 U.S.C. 201 et
seq.; 47 U.S.C. 251(e)
Abstract: In 1999, the Commission released the Numbering Resource
Optimization Notice of Proposed Rulemaking (Notice) in CC Docket 99-
200. The Notice examined and sought comment on several administrative
and technical measures aimed at improving the efficiency with which
telecommunications numbering resources are used and allocated. It
incorporated input from the North American Numbering Council (NANC), a
Federal advisory committee, which advises the Commission on issues
related to number administration.
In the Numbering Resource Optimization First Report and Order and
Further Notice of Proposed Rulemaking (NRO First Report and Order),
released on March 31, 2000, the Commission adopted a mandatory
utilization data reporting requirement, a uniform set of categories of
numbers for which carriers must report their utilization, and a
utilization threshold framework to increase carrier accountability and
incentives to use numbers efficiently. In addition, the Commission
adopted a single system for allocating numbers in blocks of 1,000,
rather than 10,000, wherever possible, and established a plan for
national rollout of thousands-block number pooling. The Commission also
adopted numbering resource reclamation requirements to ensure that
unused numbers are returned to the North American Numbering Plan (NANP)
inventory for assignment to other carriers. Also, to encourage better
management of numbering resources, carriers are required, to the extent
possible, to first assign numbering resources within thousands blocks
(a form of sequential numbering).
In the NRO Second Report and Order, the Commission adopted a
measure that requires all carriers to use at least 60 percent of their
numbering resources before they may get additional numbers in a
particular area. That 60 percent utilization threshold increases to 75
percent over the next three years. The Commission also established a 5-
year term for the national pooling administrator and an auditing
program to verify carrier compliance with the Commission's rules.
Furthermore, the Commission declined to amend the existing Federal
rules for area code relief or specify any new Federal guidelines for
the implementation of area code relief. The Commission also declined to
state a preference for either all-services overlays or geographic
splits as a method of area code relief. Regarding mandatory nationwide
10-digit dialing, the Commission declined to adopt this measure at the
present

[[Page 29763]]

time. Furthermore, the Commission declined to mandate nationwide
expansion of the ``D digit'' (the ``N'' of an NXX or central office
code) to include zero or one, or to grant State commissions the
authority to implement the expansion of the ``D'' digit as a numbering
resource optimization measure presently.
In the NRO Third Report and Order, the Commission addressed
national thousands-block number pooling administration issues,
including declining to alter the implementation date for covered CMRS
carriers to participate in pooling. The Commission also addressed
Federal cost recovery for national thousands-block number pooling, and
continued to require States to establish cost recovery mechanisms for
costs incurred by carriers participating in pooling trials. The
Commission reaffirmed the Months-To-Exhaust (MTE) requirement for
carriers. The Commission declined to lower the utilization threshold
established in the Second Report and Order, and declined to exempt
pooling carriers from the utilization threshold. The Commission also
established a safety valve mechanism to allow carriers that do not meet
the utilization threshold in a given rate center to obtain additional
numbering resources. In the NRO Third Report and Order, the Commission
lifted the ban on technology-specific overlays (TSOs) and delegated
authority to the Common Carrier Bureau, in consultation with the
Wireless Telecommunications Bureau, to resolve any such petitions.
Furthermore, the Commission found that carriers who violate our
numbering requirements, or fail to cooperate with an auditor conducting
either a ``for cause'' or random audit, should be denied numbering
resources in certain instances. The Commission also reaffirmed the 180-
day reservation period, declined to impose fees to extend the
reservation period, and found that State commissions should be allowed
password-protected access to the NANP Administrator database for data
pertaining to NPAs located within their State. The measures adopted in
the NRO orders will allow the Commission to monitor more closely the
way numbering resources are used within the NANP, and will promote more
efficient allocation and use of NANP resources by tying a carrier's
ability to obtain numbering resources more closely to its actual need
for numbers to serve its customers.
In NRO Third Order on Recon in CC Docket No. 99-200, Third Further
Notice of Proposed Rulemaking in CC Docket No. 99-200, and Second
Further Notice of Proposed Rulemaking in CC Docket No, 95-116, the
Commission reversed its clarification that those requirements extend to
all carriers in the largest 100 MSAs, regardless of whether they have
received a request from another carrier to provide LNP. The Commission
also sought comment on whether the Commission should again extend the
LNP requirements to all carriers in the largest 100 MSAs, regardless of
whether they receive a request to provide LNP. The Commission also
sought comment on whether all carriers in the top 100 MSAs should be
required to participate in thousands-block number pooling, regardless
of whether they are required to be LNP capable. In addition, the
Commission sought comment on whether all MSAs included in Combined
Metropolitan Statistical Areas (CMSAs) on the Census Bureau's list of
the largest 100 MSAs should be included on the Commission's list of the
top 100 MSAs.
In the NRO Fourth Report and Order and Further Notice of Proposed
Rulemaking, the Commission reaffirmed that carriers must deploy LNP in
switches within the 100 largest Metropolitan Statistical Areas (MSAs)
for which another carrier has made a specific request for the provision
of LNP. The Commission delegated the authority to state commissions to
require carriers operating within the largest 100 MSAs that have not
received a specific request for LNP from another carrier to provide
LNP, under certain circumstances and on a case-by-case basis. The
Commission concluded that all carriers, except those specifically
exempted, are required to participate in thousands-block number pooling
in accordance with the national rollout schedule, regardless of whether
they are required to provide LNP, including commercial mobile radio
service (CMRS) providers that were required to deploy LNP as of
November 24, 2003. The Commission specifically exempted from the
pooling requirement rural telephone companies and Tier III CMRS
providers that have not received a request to provide LNP. The
Commission also exempted from the pooling requirement carriers that are
the only service provider receiving numbering resources in a given rate
center. Additionally, the Commission sought further comment on whether
these exemptions should be expanded to include carriers where there are
only two service providers receiving numbering resources in the rate
center. Finally, the Commission reaffirmed that the 100 largest MSAs
are identified in the 1990 U.S. Census reports, as well as those areas
included on any subsequent U.S. Census report of the 100 largest MSAs.
In the NRO Order and Fifth Further Notice of Proposed Rulemaking,
the Commission granted petitions for delegated authority to implement
mandatory thousands-block pooling filed by the Public Service
Commission of West Virginia, the Nebraska Public Service Commission,
the Oklahoma Corporation Commission, the Michigan Public Service
Commission, and the Missouri Public Service Commission. In granting
these petitions, the Commission permitted these States to optimize
numbering resources and further extend the life of the specific
numbering plan areas. In the Further Notice of Proposed Rulemaking, the
Commission sought comment on whether it should delegate authority to
all States to implement mandatory thousands-block number pooling
consistent with the parameters set forth in the NRO Order.
In its 2013 Notice of Proposed Rulemaking, the Commission proposed
to allow interconnected Voice over internet Protocol (VOIP) providers
to obtain telephone numbers directly from the North American Numbering
Plan Administrator and the Pooling Administrator, subject to certain
requirements. The Commission also sought comment on a forward-looking
approach to numbers for other types of providers and uses, including
telematics and public safety, and the benefits and number exhaust risks
of granting providers other than interconnected VoIP providers direct
access.
In its 2015 Report and Order, the Commission established an
authorization process to enable interconnected VoIP providers that
choose to obtain access to North American Numbering Plan telephone
numbers directly from the North American Numbering Plan Administrator
and/or the Pooling Administrator (Numbering Administrators), rather
than through intermediaries. The Order also set forth several
conditions designed to minimize number exhaust and preserve the
integrity of the numbering system. Specifically, the Commission
required interconnected VoIP providers obtaining numbers to comply with
the same requirements applicable to carriers seeking to obtain numbers.
The requirements included any State requirements pursuant to numbering
authority delegated to the States by the Commission, as well as
industry guidelines and practices, among others. The Commission also
required

[[Page 29764]]

interconnected VoIP providers to comply with facilities readiness
requirements adapted to this context, and with numbering utilization
and optimization requirements. In addition, as conditions to requesting
and obtaining numbers directly from the Numbering Administrators, the
Commission required interconnected VoIP providers to (1) provide the
relevant State commissions with regulatory and numbering contacts when
requesting numbers in those States, (2) request numbers from the
Numbering Administrators under their own unique OCN, (3) file any
requests for numbers with the relevant State commissions at least 30
days prior to requesting numbers from the Numbering Administrators, and
(4) provide customers with the opportunity to access all abbreviated
dialing codes (N11 numbers) in use in a geographic area. Finally, the
Order also modified Commission's rules in order to permit VoIP
Positioning Center providers to obtain pseudo-Automatic Number
Identification codes directly from the Numbering Administrators for
purposes of providing E911 services.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Marilyn Jones, Senior Counsel, Federal
Communications Commission, Wireline Competition Bureau, 445 12th Street
SW, Washington, DC 20554, Phone: 202 418-2357, Fax: 202 418-2345,
Email: [email protected]
RIN: 3060-AH80

314. Jurisdictional Separations

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i) and 154(j); 47
U.S.C. 205; 47 U.S.C. 221(c); 47 U.S.C. 254; 47 U.S.C. 403; 47 U.S.C.
410
Abstract: Jurisdictional separations are the process, pursuant to
part 36 of the Commission's rules, by which incumbent local exchange
carriers apportion regulated costs between the intrastate and
interstate jurisdictions. In 1997, the Commission initiated a
proceeding seeking comment on the extent to which legislative changes,
technological changes, and marketplace changes warrant comprehensive
reform of the separations process. In 2001, the Commission adopted the
Federal-State Joint Board on Jurisdictional Separations' Joint Board's
recommendation to impose an interim freeze on the part 36 category
relationships and jurisdictional cost allocation factors for a period
of five years, pending comprehensive reform of the part 36 separations
rules. In 2006, the Commission issued an Order and Further Notice of
Proposed Rulemaking that extended the separations freeze for a period
of three years and sought comment on comprehensive reform. In 2009, the
Commission issued a Report and Order extending the separations freeze
an additional year to June 2010. In 2010, the Commission issued a
Report and Order extending the separations freeze for an additional
year to June 2011. In 2011, the Commission adopted a Report and Order
extending the separations freeze for an additional year to June 2012.
In 2012, the Commission issued a Report and Order extending the
separations freeze for an additional two years to June 2014. In 2014,
the Commission issued a Report and Order extending the separations
freeze for an additional three years to June 2017.
In 2016, the Commission issued a Report and Order extending the
separations freeze for an additional 18 months until January 1, 2018.
In 2017, the Joint Board issued a Recommended Decision recommending
changes to the part 36 rules designed to harmonize them with the
Commission's previous amendments to its part 32 accounting rules. In
February 2018, the Commission issued a Notice of Proposed Rulemaking
proposing amendments to part 36 consistent with the Joint Board's
recommendations. In October 2018, the Commission issued a Report and
Order adopting each of the Joint Board's recommendations and amending
the Part 36 consistent with those recommendations. In July 2018, the
Commission issued a Notice of Proposed Rulemaking proposing to extend
the separations freeze for an additional 15 years and to provide rate-
of-return carriers that had elected to freeze their category
relationships a time limited opportunity to opt out of that freeze. In
December 2018, the Commission issued a Report and Order extending the
freeze for up to six years until December 31, 2024, and granting rate-
of-return carriers that had elected to freeze their category
relationships a one-time opportunity to opt out of that freeze.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: William Kehoe, Assistant Division Chief, PPD,
Federal Communications Commission, Wireline Competition Bureau, 445
12th Street SW, Washington, DC 20554, Phone: 202 418-7122, Fax: 202
418-1413, Email: [email protected]
RIN: 3060-AJ06

315. Development of Nationwide Broadband Data To Evaluate Reasonable
and Timely Deployment of Advanced Services to All Americans

E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 251; 47 U.S.C. 252; 47 U.S.C. 257; 47
U.S.C. 271; 47 U.S.C. 1302; 47 U.S.C. 160(b); 47 U.S.C. 161(a)(2)
Abstract: The Report and Order streamlined and reformed the
Commission's Form 477 Data Program, which is the Commission's primary
tool to collect data on broadband and telephone services.
Timetable:

[[Page 29765]]

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Suzanne Mendez, Program Analyst, OEA, Federal
Communications Commission, 445 12th Street SW, Washington, DC 20554,
Phone: 202 418-0941, Email: [email protected]
RIN: 3060-AJ15

316. Local Number Portability Porting Interval and Validation
Requirements (WC Docket No. 07-244)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C. 154(j);
47 U.S.C. 251; 47 U.S.C. 303(r)
Abstract: In 2007, the Commission released a Notice of Proposed
Rulemaking in WC Docket No. 07-244. The Notice sought comment on
whether the Commission should adopt rules specifying the length of the
porting intervals or other details of the porting process. It also
tentatively concluded that the Commission should adopt rules reducing
the porting interval for wireline-to-wireline and intermodal simple
port requests, specifically, to a 48-hour porting interval.
In the Local Number Portability Porting Interval and Validation
Requirements First Report and Order and Further Notice of Proposed
Rulemaking, released on May 13, 2009, the Commission reduced the
porting interval for simple wireline and simple intermodal port
requests, requiring all entities subject to its local number
portability (LNP) rules to complete simple wireline-to-wireline and
simple intermodal port requests within one business day. In a related
Further Notice of Proposed Rulemaking (FNPRM), the Commission sought
comment on what further steps, if any, the Commission should take to
improve the process of changing providers.
In the LNP Standard Fields Order, released on May 20, 2010, the
Commission adopted standardized data fields for simple wireline and
intermodal ports. The Order also adopts the NANC's recommendations for
porting process provisioning flows and for counting a business day in
the context of number porting.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michelle Sclater, Attorney, Wireline Competition
Bureau, Federal Communications Commission, 44512th Street SW,
Washington, DC 20554, Phone: 202 418-0388, Email:
[email protected]
RIN: 3060-AJ32

317. Rural Call Completion; WC Docket No. 13-39

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C. 201(b);
47 U.S.C. 202(a); 47 U.S.C. 218; 47 U.S.C. 220(a); 47 U.S.C. 262; 47
U.S.C. 403; 47 U.S.C. 251(a); 47 U.S.C. 64.111; 47 U.S.C. 2113
Abstract: The Second Report and Order re-orients our rural call
completion rules to better reflect strategies that have worked to
reduce rural call completion problems while at the same time reducing
the overall burden of our rules on providers. The Second Report and
Order adopts a new rule requiring ``covered providers''--entities that
select the initial long-distance route for a large number of lines--to
monitor the performance of the ``intermediate providers'' to which they
hand off calls. The monitoring rule encourages covered providers to
ensure that calls are completed, assigns clear responsibility for call
completion issues, and enhances our ability to take enforcement action
where needed to address persistent problems. To facilitate
communication about problems that arise, the Second Report and Order
requires covered providers to make available a point of contact to
address rural call completion issues. The Order also eliminates the
reporting requirement for covered providers established in 2013,
concluding that the reporting rules were burdensome on covered
providers, while the resulting Form 480 reports are of limited utility
to us in discovering the source of rural call completion problems and a
pathway to their resolution.
The Third FNPRM proposes and seeks comment on rules to implement
the recently enacted RCC Act, which directs us to establish
registration requirements and service quality standards for
intermediate providers. The Third FNPRM also seeks comment on
sunsetting the recording and retention rules established in 2013, and
on further modification to our rural call completion rules. Per the RCC
Act, the Commission must adopt rules establishing the registry by
August 25, 2018, and rules establishing service quality standards by
February 26, 2019.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Zachary Ross, Attorney Advisor, Competiton Policy
Division, WCB, Federal Communications Commission, 445 12th Street SW,
Washington, DC 20554, Phone: 202 418-1033, Email: [email protected]
RIN: 3060-AJ89

318. Rates for Inmate Calling Services; WC Docket No. 12-375

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151 and 152; 47 U.S.C. 154(i) and (j);
47 U.S.C. 225; 47 U.S.C. 276; 47 U.S.C. 303(r); 47 CFR 64
Abstract: In the Second Report and Order, the Federal
Communications

[[Page 29766]]

Commission adopted rule changes to ensure that rates for both
interstate and intrastate inmate calling services (ICS) are fair, just,
and reasonable, as required by statute, and limits ancillary service
charges imposed by ICS providers. In the Second Report and Order, the
Commission sets caps on all interstate and intrastate calling rates for
ICS, establishes a tiered rate structure based on the size and type of
facility being served, limits the types of ancillary services that ICS
providers may charge for and caps the charges for permitted fees, bans
flat-rate calling, facilitates access to ICS by people with
disabilities by requiring providers to offer free or steeply discounted
rates for calls using TTY, and imposes reporting and certification
requirements to facilitate continued oversight of the ICS market. In
the Third Further Notice portion of the item, the Commission sought
comment on ways to promote competition for ICS, video visitation, and
rates for international calls, and considered an array of solutions to
further address areas of concern in the ICS industry. In an Order on
Reconsideration, the Commission amended its rate caps and the
definition of ``mandatory tax or mandatory fee.''
On June 13, 2017, the D.C. Circuit vacated the rate caps adopted in
the Second Report and Order, as well as reporting requirements related
to video visitation. The court held that the Commission lacked
jurisdiction over intrastate ICS calls and that the rate caps the
Commission adopted for interstate calls were arbitrary and capricious.
The court also remanded the Commission's caps on ancillary fees. On
September 26, 2017, the court denied a petition for rehearing en banc.
On December 21, 2017, the court issued two separate orders: one
vacating the 2016 Order on Reconsideration insofar as it purports to
set rate caps on inmate calling services,'' and one dismissing as moot
challenges to the Commission's First Report and Order on ICS.
Timetable:

319. Comprehensive Review of the Part 32 Uniform System of Accounts (WC
Docket No. 14-130)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C. 201(b);
47 U.S.C. 219 and 220
Abstract: The Commission initiates a rulemaking proceeding to
review the Uniform System of Accounts (USOA) to consider ways to
minimize the compliance burdens on incumbent local exchange carriers
while ensuring that the Agency retains access to the information it
needs to fulfill its regulatory duties. In light of the Commission's
actions in areas of price cap regulation, universal service reform, and
intercarrier compensation reform, the Commission stated that it is
likely appropriate to streamline the existing rules even though those
reforms may not have eliminated the need for accounting data for some
purposes. The Commission's analysis and proposals are divided into
three parts. First, the Commission proposes to streamline the USOA
accounting rules while preserving their existing structure. Second, the
Commission seeks more focused comment on the accounting requirements
needed for price cap carriers to address our statutory and regulatory
obligations. Third, the Commission seeks comment on several related
issues, including state requirements, rate effects, implementation,
continuing property records, and legal authority.
On February 23, 2017, the Commission adopted an Report and Order
that revised the part 32 USOA to substantially reduce accounting
burdens for both price cap and rate-of-return carriers. First, the
Order streamlines the USOA for all carriers. In addition, the USOA will
be aligned more closely with generally accepted accounting principles,
or GAAP. Second, the Order allows price cap carriers to use GAAP for
all regulatory accounting purposes as long as they comply with targeted
accounting rules, which are designed to mitigate any impact on pole
attachment rates. Alternatively, price cap carriers can elect to use
GAAP accounting for all purposes other than those associated with pole
attachment rates and continue to use the part 32 accounts for pole
attachment rates for up to 12 years. Third, the Order addresses several
miscellaneous issues, including referral to the Federal-State Joint
Board on Separations the issue of examining jurisdictional separations
rules in light of the reforms adopted to part 32.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Robin Cohn, Attorney Advisor, Federal
Communications Commission, 445 12th Street SW, Washington, DC 20554,
Phone: 202 418-2747, Email: [email protected]
RIN: 3060-AK20

320. Restoring Internet Freedom (WC Docket No. 17-108); Protecting and
Promoting the Open Internet (GN Docket No. 14-28)

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i) and (j); 47 U.S.C.
201(b)
Abstract: In December 2017, the Commission adopted the Restoring
internet Freedom Declaratory Ruling, Report and Order, and Order
(Restoring internet Freedom Order), which restored the light-touch
regulatory framework under which the internet had grown and thrived for
decades by classifying broadband internet access service as an
information service. The Restoring internet Freedom Order ends title II

[[Page 29767]]

regulation of the internet and returns broadband internet access
service to its long-standing classification as an information service;
reinstates the determination that mobile broadband internet access
service is not a commercial mobile service, and returns it to its
original classification as a private mobile service; finds that
transparency, internet Service Providers (ISPs) economic incentives,
and antitrust and consumer protection laws will protect the openness of
the internet, and that title II regulation is unnecessary to do so; and
adopts a transparency rule similar to that in the 2010 Open internet
Order, requiring disclosure of network management practices,
performance characteristics, and commercial terms of service.
Additionally, the transparency rule requires ISPs to disclose any
blocking, throttling, paid prioritization, or affiliate prioritization;
and eliminates the internet conduct standard and the bright-line
conduct rules set forth in the 2015 title II Order.
Timetable:

321. Technology Transitions; GN Docket No 13-5, WC Docket No. 05-25;
Accelerating Wireline Broadband Deployment by Removing Barriers to
Infrastructure Investment; WC Docket No. 17-84

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 214; 47 U.S.C. 251
Abstract: On April 20, 2017, the Commission adopted a Notice of
Proposed Rulemaking, Notice of Inquiry, and Request for Comment
(Wireline Infrastructure NPRM, NOl, and RFC) seeking input on a number
of actions designed to accelerate: (1) The deployment of next-
generation networks and services by removing barriers to infrastructure
investment at the Federal, State, and local level; (2) the transition
from legacy copper networks and services to next-generation fiber-based
networks and services; and (3) the reduction of Commission regulations
that raise costs and slow, rather than facilitate, broadband
deployment.
On November 16, 2017, the Commission adopted a Report and Order
(R&O), Declaratory Ruling, and Further Notice of Proposed Rulemaking
(Wireline Infrastructure Order) that takes a number of actions and
seeks comment on further actions designed to accelerate the deployment
of next-generation networks and services through removing barriers to
infrastructure investment.
The Wireline Infrastructure Order took a number of actions. First,
the Report and Order revised the pole attachment rules to reduce costs
for attachers, reforms the pole access complaint procedures to settle
access disputes more swiftly, and increases access to infrastructure
for certain types of broadband providers. Second, the Report and Order
revised the section 214(a) discontinuance rules and the network change
notification rules, including those applicable to copper retirements,
to expedite the process for carriers seeking to replace legacy network
infrastructure and legacy services with advanced broadband networks and
innovative new services. Third, the Report and Order reversed a 2015
ruling that discontinuance authority is required for solely wholesale
services to carrier-customers. Fourth, the Declaratory Ruling abandoned
the 2014 ``functional test'' interpretation of when section 214
discontinuance applications are required, bringing added clarity to the
section 214(a) discontinuance process for carriers and consumers alike.
Finally, the Further Notice of Proposed Rulemaking sought comment on
additional potential pole attachment reforms, reforms to the network
change disclosure and section 214(a) discontinuance processes, and ways
to facilitate rebuilding networks impacted by natural disasters.
On June 7,2018, the Commission adopted a Second Report and Order
(Wireline Infrastructure Second Report and Order) taking further
actions designed to expedite the transition from legacy networks and
services to next generation networks and advanced services that benefit
the American public and to promote broadband deployment by further
streamlining the section 214(a) discontinuance rules, network change
disclosure processes, and part 68 customer notification process.
The Wireline Infrastructure NPRM, NOI, and RFC sought comment on
additional issues not addressed in the November Wireline Infrastructure
Order or the June Wireline Infrastructure Second Report and Order. It
sought comment on changes to the Commission's pole attachment rules to:
(1) Streamline the timeframe for gaining access to utility poles; (2)
reduce charges paid by attachers for work done to make a pole ready for
new attachments; and (3) establish a formula for computing the maximum
pole attachment rate that may be imposed on an incumbent LEC.
The Wireline Infrastructure NPRM, NOI, and RFC also sought comment
on whether the Commission should enact rules, consistent with its
authority under section 253 of the Act, to promote the deployment of
broadband infrastructure by preempting state and local laws that
inhibit broadband deployment. It also sought comment on whether there
are state laws governing the maintenance or retirement of copper
facilities that serve as a barrier to deploying next-generation
technologies and services that the Commission might seek to preempt.
Previously, in November 2014, the Commission adopted a Notice of
Proposed Rulemaking and Declaratory Ruling that: (1) Proposed new
backup power rules; (2) proposed new or revised rules for copper
retirements and service discontinuances; and (3) adopted a functional
test in determining what constitutes a service for purposes of section
214(a) discontinuance review. In August 2015, the Commission adopted a
Report and Order, Order on Reconsideration, and Further Notice of
Proposed Rulemaking that: (i) Lengthened and revised the copper
retirement process; (ii) determined that a carrier must obtain
Commission approval before discontinuing a service used as a wholesale
input if the carrier's actions will discontinue service to a carrier-
customer's retail end users; (iii) adopted an interim rule requiring
incumbent LECs that seek to discontinue certain TDM-based wholesale
services to commit to certain rates, terms, and conditions; (iv)
proposed further revisions to the copper retirement discontinuance
process; and

[[Page 29768]]

(v) upheld the November 2014 Declaratory Ruling. In July 2016, the
Commission adopted a Second Report and Order, Declaratory Ruling, and
Order on Reconsideration that: (i) Adopted a new test for obtaining
streamlined treatment when carriers seek Commission authorization to
discontinue legacy services in favor of services based on newer
technologies; (ii) set forth consumer education requirements for
carriers seeking to discontinue legacy services in favor of services
based on newer technologies; (iii) allowed notice to customers of
discontinuance applications by email; (iv) required carriers to provide
notice of discontinuance applications to Tribal entities; (v) made a
technical rule change to create a new title for copper retirement
notices and certifications; and (vi) harmonized the timeline for
competitive LEC discontinuances caused by incumbent LEC network
changes.
On August 2, 2018, the Commission adopted a Third Report and Order
and Declaratory Ruling (Wireline Infrastructure Third Report and Order)
establishing a new framework for the vast majority of pole attachments
governed by federal law by instituting a one-touch make-ready'' regime,
in which a new attacher may elect to perform all simple work to prepare
a pole for new wireline attachments in the communications space. This
new framework includes safeguards to promote coordination among parties
and ensures that new attachers perform work safely and reliably. The
Commission retained its multi-party pole attachment process for
attachments that are complex or above the communications space of a
pole, but made significant modifications to speed deployment, promote
accurate billing, expand the use of self-help for new attachers when
attachment deadlines are missed, and reduce the likelihood of
coordination failures that lead to unwarranted delays. The Commission
also improved its pole attachment rules by codifying and redefining
Commission precedent that requires utilities to allow attachers to
overlash'' existing wires, thus maximizing the usable space on the
pole; eliminating outdated disparities between the pole attachment
rates that incumbent carriers must pay compared to other similarly-
situated cable and telecommunications attachers; and clarifying that
the Commission will preempt, on an expedited case-by-case basis, state
and local laws that inhibit the rebuilding or restoration of broadband
infrastructure after a disaster. The Commission also adopted a
Declaratory Ruling that interpreted section 253(a) of the
Communications Act to prohibit state and local express and de facto
moratoria on the deployment of telecommunications services or
facilities and directed the Wireline Competition and Wireless
Telecommunications Bureaus to act promptly on petitions challenging
specific alleged moratoria.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michele Levy Berlove, Attorney Advisor, Federal
Communications Commission, 445 12th Street SW, Washington, DC 20554,
Phone: 202 418-1477, Email: [email protected]
RIN: 3060-AK32

322. Numbering Policies for Modern Communications, WC Docket No. 13-97

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151; 47 U.S.C. 153 to 154; 47 U.S.C. 201
to 205; 47 U.S.C. 251; 47 U.S.C. 303(r)
Abstract: This Order establishes a process to authorize
interconnected VoIP providers to obtain North American Numbering Plan
(NANP) telephone numbers directly from the numbering administrators,
rather than through intermediaries. Section 52.15(g)(2)(i) of the
Commission's rules limits access to telephone numbers to entities that
demonstrate they are authorized to provide service in the area for
which the numbers are being requested. The Commission has interpreted
this rule as requiring evidence of either a State certificate of public
convenience and necessity (CPCN) or a Commission license. Neither
authorization is typically available in practice to interconnected VoIP
providers. Thus, as a practical matter, generally only
telecommunications carriers are able to provide the proof of
authorization required under our rules, and thus able to obtain numbers
directly from the numbering administrators. This Order establishes an
authorization process to enable interconnected VoIP providers that
choose direct access to request numbers directly from the numbering
administrators. Next, the Order sets forth several conditions designed
to minimize number exhaust and preserve the integrity of the numbering
system.
The Order requires interconnected VoIP providers obtaining numbers
to comply with the same requirements applicable to carriers seeking to
obtain numbers. These requirements include any State requirements
pursuant to numbering authority delegated to the States by the
Commission, as well as industry guidelines and practices, among others.
The Order also requires interconnected VoIP providers to comply with
facilities readiness requirements adapted to this context, and with
numbering utilization and optimization requirements. As conditions to
requesting and obtaining numbers directly from the numbering
administrators, interconnected VoIP providers are also required to: (1)
Provide the relevant State commissions with regulatory and numbering
contacts when requesting numbers in those states; (2) request numbers
from the numbering administrators under their own unique OCN; (3) file
any requests for numbers with the relevant State commissions at least
30 days prior to requesting numbers from the numbering administrators;
and (4) provide customers with the opportunity to access all
abbreviated dialing codes (N11 numbers) in use in a geographic area.
Finally, the Order also modifies Commission's rules in order to
permit VoIP Positioning Center (VPC) providers to obtain pseudo-
Automatic Number Identification (p-ANI) codes directly from the
numbering administrators for purposes of providing E911 services.
Timetable:

[[Page 29769]]

323. Implementation of the Universal Service Portions of the 1996
Telecommunications Act

E.O. 13771 Designation: Independent agency.
Legal Authority: 47 U.S.C. 151 et seq.
Abstract: The Telecommunications Act of 1996 expanded the
traditional goal of universal service to include increased access to
both telecommunications and advanced services such as high-speed
internet for all consumers at just, reasonable and affordable rates.
The Act established principles for universal service that specifically
focused on increasing access to evolving services for consumers living
in rural and insular areas, and for consumers with low-incomes.
Additional principles called for increased access to high-speed
internet in the nation's schools, libraries and rural healthcare
facilities. The FCC established four programs within the Universal
Service Fund to implement the statute: Connect America Fund (formally
known as High-Cost Support) for rural areas; Lifeline (for low-income
consumers), including initiatives to expand phone service for Native
Americans; Schools and Libraries (E-rate); and Rural Healthcare.
The Universal Service Fund is paid for by contributions from
telecommunications carriers, including wireline and wireless companies,
and interconnected Voice over internet Protocol (VoIP) providers,
including cable companies that provide voice service, based on an
assessment on their interstate and international end-user revenues. The
Universal Service Administrative Company, or USAC, administers the four
programs and collects monies for the Universal Service Fund under the
direction of the FCC.
On April 19, 2018, the Commission decided the legacy support issue
arising from the ongoing reform and modernization of the universal
service fund and intercarrier compensation systems.
On May 29, 2018, the Commission approved additional funding to
restore communications networks in Puerto Rico and the Virgin Islands
and sought comment on almost $900 million in long-term funding for
network expansion.
On June 25, 2018, the Commission addressed the current funding
shortfall in the Rural Healthcare Program by raising the annual program
budget cap to $571 million.
On January 31, 2019, the Commission temporarily waived the E-Rate
amortization requirement and proposed to eliminate the requirement.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
R&O and FNPRM....................... 01/13/17 82 FR 4275
NPRM Comment Period End............. 02/13/17 .......................
NPRM Reply Comment Period End....... 02/27/17 .......................
R&O and Order on Recon.............. 03/21/17 82 FR 14466
Order on Recon...................... 05/19/17 82 FR 22901
Order on Recon...................... 06/08/17 82 FR 26653
Memorandum, Opinion & Order......... 06/21/17 82 FR 228224
Next Action Undetermined............ .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Nakesha Woodward, Program Support Assistant,
Federal Communications Commission, 445 12th Street SW, Washington, DC
20554, Phone: 202 418-1502, Email: [email protected]
RIN: 3060-AK57

[FR Doc. 2019-11752 Filed 6-21-19; 8:45 am]
BILLING CODE 6712-01-P

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Vol. 84

Monday,

No. 121

June 24, 2019

Part XXV

Federal Reserve System

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Unified Agenda

Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

[[Page 29772]]

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FEDERAL RESERVE SYSTEM

12 CFR Ch. II

Semiannual Regulatory Flexibility Agenda

AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Semiannual regulatory agenda.

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

SUMMARY: The Board is issuing this agenda under the Regulatory
Flexibility Act and the Board's Statement of Policy Regarding Expanded
Rulemaking Procedures. The Board anticipates having under consideration
regulatory matters as indicated below during the period May 1, 2019,
through October 31, 2019. The next agenda will be published in fall
2019.

DATES: Comments about the form or content of the agenda may be
submitted any time during the next six months.

ADDRESSES: Comments should be addressed to Ann E. Misback, Secretary of
the Board, Board of Governors of the Federal Reserve System,
Washington, DC 20551.

FOR FURTHER INFORMATION CONTACT: A staff contact for each item is
indicated with the regulatory description below.

SUPPLEMENTARY INFORMATION: The Board is publishing its spring 2019
agenda as part of the Spring 2019 Unified Agenda of Federal Regulatory
and Deregulatory Actions, which is coordinated by the Office of
Management and Budget under Executive Order 12866. The agenda also
identifies rules the Board has selected for review under section 610(c)
of the Regulatory Flexibility Act, and public comment is invited on
those entries. The complete Unified Agenda will be available to the
public at the following website: www.reginfo.gov. Participation by the
Board in the Unified Agenda is on a voluntary basis.
The Board's agenda is divided into five sections. The first,
Prerule Stage, reports on matters the Board is considering for future
rulemaking. The second, Proposed Rule Stage, reports on matters the
Board may consider for public comment during the next six months. The
third section, Final Rule Stage, reports on matters that have been
proposed and are under Board consideration. The fourth section, Long-
Term Actions, reports on matters where the next action is undetermined,
00/00/0000, or will occur more than 12 months after publication of the
Agenda. And a fifth section, Completed Actions, reports on regulatory
matters the Board has completed or is not expected to consider further.
A dot () preceding an entry indicates a new matter that was not
a part of the Board's previous agenda.

Yao-Chin Chao,
Assistant Secretary of the Board.

Federal Reserve System--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
324....................... Reduced Reporting for 7100-AF12
Covered Depository
Institutions (Docket No:
R-1618).
325....................... Regulation CC-- 7100-AD68
Availability of Funds and
Collection of Checks
(Docket No: R-1409).
326....................... Regulation LL--Savings and 7100-AD80
Loan Holding Companies
and Regulation MM--Mutual
Holding Companies (Docket
No: R-1429).
------------------------------------------------------------------------

Federal Reserve System--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
327....................... Source of Strength 7100-AE73
(Section 610 Review).
------------------------------------------------------------------------

Federal Reserve System--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
328....................... Regulation YY--Single- 7100-AE48
Counterparty Credit
Limits for Large Banking
Organizations (Docket No:
R-1534).
------------------------------------------------------------------------

FEDERAL RESERVE SYSTEM (FRS)

Proposed Rule Stage

324. Reduced Reporting for Covered Depository Institutions (Docket No:
R-1618)

E.O. 13771 Designation: Independent agency.
Legal Authority: 12 U.S.C. 1817(a)(12)
Abstract: The OCC, the Board, and the FDIC (collectively, the
Agencies) invited comment on a proposed rule that would implement
section 205 of the Economic Growth, Regulatory Relief, and Consumer
Protection Act by: Expanding the eligibility to file the agencies' most
streamlined report of condition, the FFIEC 051 Call Report, to include
certain insured depository institutions with less than $5 billion in
total consolidated assets that meet other criteria; and, establishing
reduced reporting on the FFIEC 051 Call Report for the first and third
reports of condition for a year. The OCC and Board also are proposing
similar reduced reporting for certain uninsured institutions that they
supervise with less than $5 billion in total consolidated assets that
otherwise meet the same criteria. This Federal Register notice also
includes a Paperwork Reduction Act notice to reduce the amount of data
required to be reported on the FFIEC 051 Call Report for the first and
third calendar quarters, and other related changes.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Board Expects Further Action........ 06/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Laura Bain, Senior Attorney, Federal Reserve
System, Legal Division, Washington, DC 20551, Phone: 202 736-5546.
Claudia Von Pervieux, Senior Counsel, Federal Reserve System, Legal
Division, Washington, DC 20551, Phone: 202 452-2552.

[[Page 29773]]

RIN: 7100-AF12

325. Regulation CC--Availability of Funds and Collection of Checks
(Docket No: R-1409)

E.O. 13771 Designation: Independent agency.
Legal Authority: 12 U.S.C. 4001 to 4010; 12 U.S.C. 5001 to 5018
Abstract: The Board of Governors of the Federal Reserve System (the
Board) is amending Regulation CC, which implements the Expedited Funds
Availability Act (EFAA), which governs the availability of funds after
a check deposit, as well as check collection and return. In March 2011,
the Board proposed amendments to Regulation CC to facilitate the
banking industry's ongoing transition to fully electronic interbank
check collection and return, including proposed amendments to subpart C
to encourage depository banks to receive and paying banks to send
returned checks electronically and proposed amendments to subpart B's
funds availability schedule provisions. Subsequently, section 1086 of
the Dodd-Frank Wall Street Reform and Consumer Protection Act amended
the EFAA to provide the Consumer Financial Protection Bureau (CFPB)
with joint rulemaking authority with the Board over certain EFAA
provisions, including those implemented by subpart B of Regulation CC.
Based on its analysis of comments received, the Board revised its
proposed amendments to subpart C of Regulation CC. The Board finalized
its proposed amendments to subpart C in June 2017.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Board Requested Comment............. 03/25/11 76 FR 16862
Board Requested Comment on Revised 02/04/14 79 FR 6673
Proposal.
Board Published Final Rule.......... 06/15/17 82 FR 27552
Board Expects Further Action on 06/00/19 .......................
Subpart B.
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Gavin Smith, Counsel, Federal Reserve System, Legal
Division, Washington, DC 20551, Phone: 202 452-3474.
Ian Spear, Manager, Federal Reserve System, Division of Reserve
Bank Operations and Payment Systems, Washington, DC 20551, Phone: 202
452-3959.
RIN: 7100-AD68

326. Regulation LL--Savings and Loan Holding Companies and Regulation
MM--Mutual Holding Companies (Docket No: R-1429)

E.O. 13771 Designation: Independent agency.
Legal Authority: 5 U.S.C. 552; 5 U.S.C. 559; 5 U.S.C. 1813; 5
U.S.C. 1817; 5 U.S.C. 1828
Abstract: The Dodd-Frank Wall Street Reform and Consumer Protection
Act (the Dodd-Frank Act) transferred responsibility for supervision of
Savings and Loan Holding Companies (SLHCs) and their non-depository
subsidiaries from the Office of Thrift Supervision (OTS) to the Board
of Governors of the Federal Reserve System (the Board), on July 21,
2011. The Act also transferred supervisory functions related to Federal
savings associations and State savings associations to the Office of
the Comptroller of the Currency (OCC) and the Federal Deposit Insurance
Corporation (FDIC), respectively. The Board on August 12, 2011,
approved an interim final rule for SLHCs, including a request for
public comment. The interim final rule transferred from the OTS to the
Board the regulations necessary for the Board to supervise SLHCs, with
certain technical and substantive modifications. The interim final rule
has three components: (1) New Regulation LL (part 238), which sets
forth regulations generally governing SLHCs; (2) new Regulation MM
(part 239), which sets forth regulations governing SLHCs in mutual
form; and (3) technical amendments to existing Board regulations
necessary to accommodate the transfer of supervisory authority for
SLHCs from the OTS to the Board. The structure of interim final
Regulation LL closely follows that of the Board's Regulation Y, which
governs bank holding companies, in order to provide an overall
structure to rules that were previously found in disparate locations.
In many instances, interim final Regulation LL incorporated OTS
regulations with only technical modifications to account for the shift
in supervisory responsibility from the OTS to the Board. Interim final
Regulation LL also reflects statutory changes made by the Dodd-Frank
Act with respect to SLHCs, and incorporates Board precedent and
practices with respect to applications processing procedures and
control issues, among other matters. Interim final Regulation MM
organized existing OTS regulations governing SLHCs in mutual form
(MHCs) and their subsidiary holding companies into a single part of the
Board's regulations. In many instances, interim final Regulation MM
incorporated OTS regulations with only technical modifications to
account for the shift in supervisory responsibility from the OTS to the
Board. Interim final Regulation MM also reflects statutory changes made
by the Dodd-Frank Act with respect to MHCs. The interim final rule also
made technical amendments to Board rules to facilitate supervision of
SLHCs, including to rules implementing Community Reinvestment Act
requirements and to Board procedural and administrative rules. In
addition, the Board made technical amendments to implement section
312(b)(2)(A) of the Act, which transfers to the Board all rulemaking
authority under section 11 of the Home Owner's Loan Act relating to
transactions with affiliates and extensions of credit to executive
officers, directors, and principal shareholders. These amendments
include revisions to parts 215 (Insider Transactions) and part 223
(Transactions with Affiliates) of Board regulations.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Board Requested Comment............. 09/13/11 76 FR 56508
Board Expects Further Action........ 12/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Keisha Patrick, Senior Counsel, Federal Reserve
System, Legal Division, Waqshington, DC 20551, Phone: 202 452-3559.
C. Tate Wilson, Senior Counsel, Federal Reserve System, Legal
Division, Washington, DC 20551, Phone: 202 452-3696.
RIN: 7100-AD80

FEDERAL RESERVE SYSTEM (FRS)

Long-Term Actions

327. Source of Strength (Section 610 Review)

E.O. 13771 Designation: Independent agency.
Legal Authority: 12 U.S.C. 1831(o)
Abstract: The Board of Governors of the Federal Reserve System
(Board), the Office of the Comptroller of the Currency (OCC), and the
Federal Deposit Insurance Corporation (FDIC) plan to issue a proposed
rule to implement section 616(d) of the Dodd-Frank Wall Street Reform
and Consumer Protection Act. Section 616(d) requires that bank holding
companies, savings and loan holding companies, and other companies that
directly or indirectly

[[Page 29774]]

control an insured depository institution serve as a source of strength
for the insured depository institution.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Next Action Undetermined............ To Be Determined
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Undetermined.
Agency Contact: Conni Allen, Special Counsel, Federal Reserve
System, Division of Supervision and Regulation, Washington, DC 20551,
Phone: 202 912-4334.
Melissa Clark, Sr. Supervisory Financial Analyst, Federal Reserve
System, Division of Supervision and Regulation, Washington, DC 20551,
Phone: 202 452-2277.
Barbara Bouchard, Senior Associate Director, Federal Reserve
System, Division of Supervision and Regulation, Washington, DC 20551,
Phone: 202 452-3072.
Jay Schwarz, Senior Counsel, Federal Reserve System, Legal
Division, Washington, DC 20551, Phone: 202 452-2970.
Will Giles, Senior Counsel, Federal Reserve System, Legal Division,
Washington, DC 20551, Phone: 202 452-3351.
Claudia Von Pervieux, Senior Counsel, Federal Reserve System, Legal
Division, Washington, DC 20551, Phone: 202 452-2552.
RIN: 7100-AE73

FEDERAL RESERVE SYSTEM (FRS)

Completed Actions

328. Regulation YY--Single-Counterparty Credit Limits for Large Banking
Organizations (Docket No: R-1534)

E.O. 13771 Designation: Independent agency.
Legal Authority: 12 U.S.C. 321; 12 U.S.C. 1818; 12 U.S.C. 1844(b);
12 U.S.C. 1844(c); 12 U.S.C. 5365
Abstract: The final rule would implement section 165(e) of the
Dodd-Frank Wall Street Reform and Consumer Protection Act, which
requires the Board to impose limits on the amount of credit exposure
that such a domestic or foreign bank holding company can have to an
unaffiliated company in order to reduce the risks arising from the
company's failure. The final rule, which built on earlier proposed
rules by the Board to establish single-counterparty credit limits for
large domestic and foreign banking organizations, would increase in
stringency based on the systemic importance of the firms to which they
apply.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Board Requested Comment............. 03/16/16 81 FR 14328
Board Adopted Final Rule............ 08/06/18 83 FR 38460
Final Rule Effective................ 10/05/18 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Benjamin McDonough, Assistant General Counsel,
Federal Reserve System, Legal Division, Washington, DC 20551, Phone:
202 452-2036.
Laurie Schaffer, Associate General Counsel, Federal Reserve System,
Legal Division, Washington, DC 20551, Phone: 202 452-2272.
RIN: 7100-AE48

[FR Doc. 2019-11695 Filed 6-21-19; 8:45 am]
BILLING CODE 6210-01-P

[[Page 29775]]

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No. 121

June 24, 2019

Part XXVI

National Labor Relations Board

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Unified Agenda

Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

[[Page 29776]]

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NATIONAL LABOR RELATIONS BOARD

29 CFR Parts 101-103

Regulatory Flexibility Agenda

AGENCY: National Labor Relations Board (NLRB).

ACTION: Semiannual regulatory agenda.

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

SUMMARY: The following agenda of the National Labor Relations Board is
published in accordance with Executive Order 12866, ``Regulatory
Planning and Review,'' and the Regulatory Flexibility Act (RFA), 5
U.S.C. 601-612, as amended by the Small Business Regulatory Enforcement
Fairness Act.
The complete Unified Agenda is available online at www.reginfo.gov.
Publication in the Federal Register is mandated only for regulatory
flexibility agendas required under the RFA. Because the RFA does not
require regulatory flexibility agendas for the regulations proposed and
issued by the Board, the Board's agenda appears only on the internet at
www.reginfo.gov.
The Board's agenda refers to www.regulations.gov, the Government
website at which members of the public can find, review, and comment on
Federal rulemakings that are published in the Federal Register and open
for comment.

FOR FURTHER INFORMATION CONTACT: For further information concerning the
regulatory actions listed in the agenda, contact Farah Z. Qureshi,
Associate Executive Secretary, National Labor Relations Board, 1015
Half Street SE, Washington, DC 20570; telephone: (202) 273-1949, TTY/
TDD 1-800-315-6572; email: [email protected]

Farah Z. Qureshi,
Associate Executive Secretary.

National Labor Relations Board--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
329....................... Access Rule............... 3142-AA14
330....................... Student/Employee Status... 3142-AA15
331....................... Blocking Charge, Voluntary 3142-AA16
Recognition, and 9(a).
------------------------------------------------------------------------

National Labor Relations Board--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
332....................... Joint-Employer Rulemaking. 3142-AA13
------------------------------------------------------------------------

NATIONAL LABOR RELATIONS BOARD (NLRB)

Proposed Rule Stage

329. Access Rule

E.O. 13771 Designation: Independent agency.
Legal Authority: 29 U.S.C. 156
Abstract: The National Labor Relations Board will engage in
rulemaking to establish the standards under the National Labor
Relations Act for access to an employer's private property.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/19 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Farah Qureshi, National Labor Relations Board, 1015
Half Street SE, Washington, DC 20570, Phone: 202 273-1949, Email:
[email protected]
Roxanne Rothschild, National Labor Relations Board, 1015 Half
Street SE, Washington, DC 20570, Phone: 202 273-2917, Email:
[email protected]
RIN: 3142-AA14

330. Student/Employee Status

E.O. 13771 Designation: Independent agency.
Legal Authority: 29 U.S.C. 156
Abstract: The National Labor Relations Board will be engaging in
rulemaking to establish the standard for determining whether students
who perform services at a private college or university in connection
with their studies are ``employees'' within the meaning of Section 2(3)
of the National Labor Relations Act (29 U.S.C. 153(3)).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/19
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roxanne Rothschild, National Labor Relations Board,
1015 Half Street SE, Washington, DC 20570, Phone: 202 273-2917, Email:
[email protected]
Farah Qureshi, National Labor Relations Board, 1015 Half Street SE,
Washington, DC 20570, Phone: 202 273-1949, Email:
[email protected]
RIN: 3142-AA15

331. Blocking Charge, Voluntary Recognition, and 9(A)

E.O. 13771 Designation: Independent agency.
Legal Authority: 29 U.S.C. 156
Abstract: The National Labor Relations Board (the Board) will be
revising the representation election regulations located at 29 CFR part
103, with a specific focus on revisions of the Board's current election
bar policies.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/19
------------------------------------------------------------------------

NATIONAL LABOR RELATIONS BOARD (NLRB)

Long-Term Actions

332. Joint-Employer Rulemaking

E.O. 13771 Designation: Independent agency.

[[Page 29777]]

Legal Authority: 29 U.S.C. 156
Abstract: The National Labor Relations Board will be engaging in
rulemaking to establish the standard for determining joint-employer
status under the National Labor Relations Act.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roxanne Rothschild, Phone: 202 273-2917, Email:
[email protected]
Farah Qureshi, Phone: 202 273-1949, Email: [email protected]
RIN: 3142-AA13

[FR Doc. 2019-11694 Filed 6-21-19; 8:45 am]
BILLING CODE 7545-01-P

[[Page 29779]]

Vol. 84

Monday,

No. 121

June 24, 2019

Part XXVII

Nuclear Regulatory Commission

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

Unified Agenda

Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

[[Page 29780]]

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NUCLEAR REGULATORY COMMISSION

10 CFR Chapter I

[NRC-2019-0056]

Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY: Nuclear Regulatory Commission.

ACTION: Semiannual regulatory agenda.

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

SUMMARY: We are publishing our semiannual regulatory agenda (the
Agenda) in accordance with Public Law 96-354, ``The Regulatory
Flexibility Act,'' and Executive Order 12866, ``Regulatory Planning and
Review.'' NRC's complete Agenda, available on the Office of Budget and
Management's website https://www.reginfo.gov, is a compilation of all
rulemaking activities on which we have recently completed action or
have proposed or are considering action. We have completed 11
rulemaking activities since publication of our last Agenda on November
16, 2018 (83 FR 58164). This issuance of our Agenda contains 32 active
and 22 long-term rulemaking activities: 3 are Economically Significant;
16 represent Other Significant agency priorities; 33 are Substantive,
Nonsignificant rulemaking activities; and 2 are Administrative
rulemaking activities. In addition, 3 rulemaking activities impact
small entities; these entries are printed in this document. We are
requesting comment on the rulemaking activities as identified in this
Agenda.

DATES: Submit comments on rulemaking activities as identified in this
Agenda by July 24, 2019.

ADDRESSES: Submit comments on any rulemaking activity in the Agenda by
the date and methods specified in any Federal Register notice on the
rulemaking activity. Comments received on rulemaking activities for
which the comment period has closed will be considered if it is
practical to do so, but assurance of consideration cannot be given
except as to comments received on or before the closure dates specified
in the Federal Register notice. You may submit comments on this Agenda
through the Federal Rulemaking website by going to https://
www.regulations.gov and searching for Docket ID NRC-2019-0056. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Cindy Bladey, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-3280; email:
[email protected] Persons outside the Washington, DC, metropolitan
area may call, toll-free: 1-800-368-5642. For further information on
the substantive content of any rulemaking activity listed in the
Agenda, contact the individual listed under the heading ``Agency
Contact'' for that rulemaking activity.

SUPPLEMENTARY INFORMATION:

Obtaining Information and Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC-2019-0056 when contacting the NRC
about the availability of information for this document.
Federal Rulemaking Website: Go to https://
www.regulations.gov and search for Docket ID NRC-2019-0056.
NRC's Public Document Room: You may examine and purchase
copies of public documents at the NRC's PDR, Room O1-F21, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
Reginfo.gov:
[cir] For completed rulemaking activities go to https://
www.reginfo.gov/public/do/eAgendaHistory?showStage=completed, select
``spring 2019 Unified Agenda of Federal Regulatory and Deregulatory
Actions'' from drop down menu, and select ``Nuclear Regulatory
Commission'' from drop down menu.
[cir] For active rulemaking activities go to https://
www.reginfo.gov/public/do/eAgendaMain and select ``Nuclear Regulatory
Commission'' from drop down menu.
[cir] For long-term rulemaking activities go to https://
www.reginfo.gov/public/do/eAgendaMain, select ``Current Long Term
Actions'' link, and select ``Nuclear Regulatory Commission'' from drop
down menu.

B. Submitting Comments

Please include Docket ID NRC-2019-0056 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at http:/
/www.regulations.gov as well as enter the comment submissions into the
NRC's Agencywide Documents Access and Management System (ADAMS). The
NRC does not routinely edit comment submissions to remove identifying
or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.

Introduction

The Agenda is a compilation of all rulemaking activities on which
an agency has recently completed action or has proposed or is
considering action. The Agenda reports rulemaking activities in three
major categories: Completed, active, and long-term. Completed
rulemaking activities are those that were completed since publication
of an agency's last Agenda; active rulemaking activities are those for
which an agency currently plans to have an Advance Notice of Proposed
Rulemaking, a Proposed Rule, or a Final Rule issued within the next 12
months; and long-term rulemaking activities are rulemaking activities
under development but for which an agency does not expect to have a
regulatory action within the 12 months after publication of the current
edition of the Unified Agenda.
The NRC assigns a ``Regulation Identifier Number'' (RIN) to a
rulemaking activity when the Commission initiates a rulemaking and
approves a rulemaking plan, or when the NRC staff begins work on a
Commission-delegated rulemaking that does not require a rulemaking
plan. The Office of Management and Budget uses this number to track all
relevant documents throughout the entire ``lifecycle'' of a particular
rulemaking activity. The NRC reports all rulemaking activities in the
Agenda that have been assigned a RIN and meet the definition for a
completed, an active, or a long-term rulemaking activity.
The information contained in this Agenda is updated to reflect any
action that has occurred on a rulemaking activity since publication of
our last Agenda on November 16, 2018 (83 FR 58164). Specifically, the
information in this Agenda has been updated through March 6, 2019. The
NRC provides additional information on planned rulemaking and petition
for rulemaking activities, including priority and

[[Page 29781]]

schedule, on our website at https://www.nrc.gov/about-nrc/regulatory/
rulemaking/rules-petitions.html#cprlist.
The date for the next scheduled action under the heading
``Timetable'' is the date the next regulatory action for the rulemaking
activity is scheduled to be published in the Federal Register. The date
is considered tentative and is not binding on the Commission or its
staff. The Agenda is intended to provide the public early notice and
opportunity to participate in our rulemaking process. However, we may
consider or act on any rulemaking activity even though it is not
included in the Agenda.

Section 610 Periodic Reviews Under the Regulatory Flexibility Act

Section 610 of the Regulatory Flexibility Act (RFA) requires
agencies to conduct a review within 10 years of issuance of those
regulations that have or will have a significant economic impact on a
substantial number of small entities. We undertake these reviews to
decide whether the rules should be unchanged, amended, or withdrawn. At
this time, we do not have any rules that have a significant economic
impact on a substantial number of small entities; therefore, we have
not included any RFA Section 610 periodic reviews in this edition of
the Agenda. A complete listing of our regulations that impact small
entities and related Small Entity Compliance Guides are available from
the NRC's website at https://www.nrc.gov/about-nrc/regulatory/
rulemaking/flexibility-act/small-entities.html.

Dated at Rockville, Maryland, this 6th day of March 2019.

For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Regulatory Analysis and Rulemaking Support Branch, Division of
Rulemaking, Office of Nuclear Material Safety and Safeguards.

Nuclear Regulatory Commission--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
333....................... Revision of Fee Schedules: 3150-AK10
Fee Recovery for FY 2020
[NRC-2017-0228].
------------------------------------------------------------------------

Nuclear Regulatory Commission--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
334....................... Revision of Fee Schedules: 3150-AJ99
Fee Recovery for FY 2019
[NRC-2017-0032].
------------------------------------------------------------------------

Nuclear Regulatory Commission--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
335....................... Revision of Fee Schedules: 3150-AK24
Fee Recovery for FY 2021
[NRC-2018-0292].
------------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION (NRC)

Proposed Rule Stage

333. Revision of Fee Schedules: Fee Recovery for FY 2020 [NRC-2017-
0228]

E.O. 13771 Designation: Independent agency.
Legal Authority: 31 U.S.C. 483; 42 U.S.C. 2201; 42 U.S.C. 2214; 42
U.S.C. 5841
Abstract: This rulemaking would amend the NRC's regulations for fee
schedules. The NRC conducts this rulemaking annually to recover
approximately 90 percent of its budget authority in a given fiscal year
to implement the Omnibus Budget Reconciliation Act of 1990, as amended.
This rulemaking would affect the fee schedules for licensing,
inspection, and annual fees charged to the NRC's applicants and
licensees.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Anthony Rossi, Nuclear Regulatory Commission,
Office of the Chief Financial Officer, Washington, DC 20555-0001,
Phone: 301 415-7341, Email: [email protected]
RIN: 3150-AK10

NUCLEAR REGULATORY COMMISSION (NRC)

Final Rule Stage

334. Revision of Fee Schedules: Fee Recovery for FY 2019 [NRC-2017-
0032]

E.O. 13771 Designation: Independent agency.
Legal Authority: 31 U.S.C. 483; 42 U.S.C. 2201; 42 U.S.C. 2214; 42
U.S.C. 5841
Abstract: This rule would implement the Omnibus Budget
Reconciliation Act of 1990 (OBRA-90), as amended, which requires the
NRC to recover approximately 90 percent of its budget authority in a
given fiscal year, less the amounts appropriated from the Waste
Incidental to Reprocessing, generic homeland security activities, and
Inspector General services for the Defense Nuclear Facilities Safety
Board, through fees assessed to licensees. This rulemaking would amend
the Commission's fee schedules for licensing, inspection, and annual
fees charged to its applicants and licensees. The licensing and
inspection fees are established under 10 CFR part 170 and recover the
NRC's cost of providing services to identifiable applicants and
licensees. Examples of services provided by the NRC for which 10 CFR
part 170 fees are assessed include license application reviews, license
renewals, license amendment reviews, and inspections. The annual fees
established under 10 CFR part 171 recover budgeted costs for generic
(e.g., research and rulemaking) and other regulatory activities not
recovered under 10 CFR part 170 fees.
Timetable:

[[Page 29782]]

NUCLEAR REGULATORY COMMISSION (NRC)

Long-Term Actions

335. Revision of Fee Schedules: Fee Recovery for FY 2021 [NRC-
2018-0292]

E.O. 13771 Designation: Independent agency.
Legal Authority: 31 U.S.C. 483; 42 U.S.C. 2201; 42 U.S.C. 2214; 42
U.S.C. 5841
Abstract: This rulemaking would amend the NRC's regulations for fee
schedules. The NRC conducts this rulemaking annually to recover
approximately 100 percent of the NRC's FY 2021 budget authority, less
excluded activities to implement NEIMA. This rulemaking would affect
the fee schedules for licensing, inspection, and annual fees charged to
the NRC's applicants and licensees.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/21 .......................
------------------------------------------------------------------------

[FR Doc. 2019-11691 Filed 6-21-19; 8:45 am]
BILLING CODE 7590-01-P

[[Page 29783]]

Vol. 84

Monday,

No. 121

June 24, 2019

Part XXVIII

Securities and Exchange Commission

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

Unified Agenda

Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

[[Page 29784]]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Ch. II

[Release Nos. 33-10620, 34-85401, IA-5207, IC-33428, File No. S7-04-19]

Regulatory Flexibility Agenda

AGENCY: Securities and Exchange Commission.

ACTION: Semiannual regulatory agenda.

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

SUMMARY: The Securities and Exchange Commission is publishing the
Chairman's agenda of rulemaking actions pursuant to the Regulatory
Flexibility Act (RFA) (Pub. L. 96-354, 94 Stat. 1164) (Sep. 19, 1980).
The items listed in the Regulatory Flexibility Agenda for Spring 2019
reflect only the priorities of the Chairman of the U.S. Securities and
Exchange Commission, and do not necessarily reflect the view and
priorities of any individual Commissioner.
Information in the agenda was accurate on March 18, 2019, the date
on which the Commission's staff completed compilation of the data. To
the extent possible, rulemaking actions by the Commission since that
date have been reflected in the agenda. The Commission invites
questions and public comment on the agenda and on the individual agenda
entries.
The Commission is now printing in the Federal Register, along with
our preamble, only those agenda entries for which we have indicated
that preparation of an RFA analysis is required.
The Commission's complete RFA agenda will be available online at
www.reginfo.gov.

DATES: Comments should be received on or before July 24, 2019.

ADDRESSES: Comments may be submitted by any of the following methods:

Electronic Comments

Use the Commission's internet comment form (https://
www.sec.gov/rules/other.shtml); or
Send an email to [email protected] Please include
File Number S7-04-19 on the subject line.

Paper Comments

Send paper comments to Brent J. Fields, Secretary,
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549-1090.

All submissions should refer to File No. S7-04-19. This file number
should be included on the subject line if email is used. To help us
process and review your comments more efficiently, please use only one
method. The Commission will post all comments on the Commission's
internet website (https://www.sec.gov/rules/other.shtml). Comments are
also available for website viewing and printing in the Commission's
Public Reference Room, 100 F Street NE, Washington, DC 20549, on
official business days between the hours of 10:00 a.m. and 3:00 p.m.
All comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly.

FOR FURTHER INFORMATION CONTACT: Mykaila DeLesDernier, Office of the
General Counsel, (202) 551-5129.

SUPPLEMENTARY INFORMATION: The RFA requires each Federal agency, twice
each year, to publish in the Federal Register an agenda identifying
rules that the agency expects to consider in the next 12 months that
are likely to have a significant economic impact on a substantial
number of small entities (5 U.S.C. 602(a)). The RFA specifically
provides that publication of the agenda does not preclude an agency
from considering or acting on any matter not included in the agenda and
that an agency is not required to consider or act on any matter that is
included in the agenda (5 U.S.C. 602(d)). The Commission may consider
or act on any matter earlier or later than the estimated date provided
on the agenda. While the agenda reflects the current intent to complete
a number of rulemakings in the next year, the precise dates for each
rulemaking at this point are uncertain. Actions that do not have an
estimated date are placed in the long-term category; the Commission may
nevertheless act on items in that category within the next 12 months.
The agenda includes new entries, entries carried over from prior
publications, and rulemaking actions that have been completed (or
withdrawn) since publication of the last agenda.
The following abbreviations for the acts administered by the
Commission are used in the agenda:

``Securities Act''--Securities Act of 1933
``Exchange Act''--Securities Exchange Act of 1934
``Investment Company Act''--Investment Company Act of 1940
``Investment Advisers Act''--Investment Advisers Act of 1940
``Dodd Frank Act''--Dodd-Frank Wall Street Reform and Consumer
Protection Act
``JOBS Act''--Jumpstart Our Business Startups Act
``FAST Act''--Fixing America's Surface Transportation Act

The Commission invites public comment on the agenda and on the
individual agenda entries.

By the Commission.

Dated: March 18, 2019.
Vanessa A. Countryman,
Secretary.

Division of Corporation Finance--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
336....................... Listing Standards for 3235-AK99
Recovery of Erroneously
Awarded Compensation.
337....................... Pay Versus Performance.... 3235-AL00
338....................... Universal Proxy........... 3235-AL84
339....................... Form 10-K Summary......... 3235-AL89
------------------------------------------------------------------------

Division of Corporation Finance--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
340....................... Disclosure of Hedging by 3235-AL49
Employees, Officers, and
Directors.
341....................... Modernization of Property 3235-AL81
Disclosures for Mining
Registrants.
342....................... Disclosure Update and 3235-AL82
Simplification.
------------------------------------------------------------------------

[[Page 29785]]

Division of Investment Management--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
343....................... Use of Derivatives by 3235-AL60
Registered Investment
Companies and Business
Development Companies.
344....................... Fund of Funds Arrangements 3235-AM29
------------------------------------------------------------------------

Division of Investment Management--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
345....................... Form CRS Relationship 3235-AL27
Summary; Amendments to
Form ADV; Required
Disclosures to Retail
Customers and
Restrictions on the Use
of Certain Names or
Titles.
------------------------------------------------------------------------

Division of Investment Management--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
346....................... Reporting of Proxy Votes 3235-AK67
on Executive Compensation
and Other Matters.
------------------------------------------------------------------------

Division of Investment Management--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
347....................... Amendments to Securities 3235-AM24
Act Rules Under the Fair
Access to Investment
Research Act of 2017.
------------------------------------------------------------------------

Division of Trading and Markets--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
348....................... Removal of Certain 3235-AL14
References to Credit
Ratings Under the
Securities Exchange Act
of 1934.
------------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION (SEC)

Division of Corporation Finance

Long-Term Actions

336. Listing Standards for Recovery of Erroneously Awarded Compensation

E.O. 13771 Designation: Independent agency.
Legal Authority: Pub. L. 111-203, sec. 954; 15 U.S.C. 78j-4
Abstract: The Commission proposed rules to implement section 954 of
the Dodd-Frank Act, which requires the Commission to adopt rules to
direct national securities exchanges to prohibit the listing of
securities of issuers that have not developed and implemented a policy
providing for disclosure of the issuer's policy on incentive-based
compensation and mandating the clawback of such compensation in certain
circumstances.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Anne M. Krauskopf, Division of Corporation Finance,
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549, Phone: 202 551-3500, Email: [email protected]
RIN: 3235-AK99

337. Pay Versus Performance

E.O. 13771 Designation: Independent agency.
Legal Authority: Pub. L. 111-203, sec. 953(a); 15 U.S.C. 78c(b); 15
U.S.C. 78n; 15 U.S.C. 78w(a); 15 U.S.C. 78mm
Abstract: The Commission proposed rules to implement section 953(a)
of the Dodd-Frank Act, which added section 14(i) to the Exchange Act to
require issuers to disclose information that shows the relationship
between executive compensation actually paid and the financial
performance of the issuer.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Steven G. Hearne, Division of Corporation Finance,
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549, Phone: 202 551-3430, Email: [email protected]
RIN: 3235-AL00

338. Universal Proxy

E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 78n; 15 U.S.C. 78w(a)
Abstract: The Commission proposed to amend the proxy rules to
expand shareholders' ability to vote by proxy to select among duly-
nominated candidates in a contested election of directors.
Timetable:

[[Page 29786]]

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ted Yu, Division of Corporation Finance, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549, Phone:
202 551-3500, Email: [email protected]
RIN: 3235-AL84

339. Form 10-K Summary

E.O. 13771 Designation: Independent agency.
Legal Authority: Pub. L. 114-94; 15 U.S.C. 78c; 15 U.S.C. 78l; 15
U.S.C. 78m; 15 U.S.C. 78o; 15 U.S.C. 78w
Abstract: The Commission adopted an interim final amendment to
implement section 72001 of the FAST Act by permitting an issuer to
include a summary in its Form 10-K and also requested comment on the
interim final amendment.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 06/09/16 81 FR 37132
Interim Final Rule Effective........ 06/09/16 .......................
Interim Final Rule Comment Period 07/11/16 .......................
End.
Next Action Undetermined............ .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sean Harrison, Division of Corporation Finance,
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549, Phone: 202 551-3430, Email: [email protected]
RIN: 3235-AL89

SECURITIES AND EXCHANGE COMMISSION (SEC)

Division of Corporation Finance

Completed Actions

340. Disclosure of Hedging by Employees, Officers, and Directors

E.O. 13771 Designation: Independent agency.
Legal Authority: Pub. L. 111-203
Abstract: The Commission adopted rules to implement section 955 of
the Dodd-Frank Act, which added section 14(j) to the Exchange Act to
require annual meeting proxy statement disclosure of whether employees
or members of the board of directors are permitted to engage in
transactions to hedge or offset any decrease in the market value of
equity securities granted to the employee or board member as
compensation, or held directly or indirectly by the employee or board
member.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Carolyn Sherman, Division of Corporation Finance,
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549, Phone: 202 551-3500, Email: [email protected]
RIN: 3235-AL49

341. Modernization of Property Disclosures for Mining Registrants

E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 77c(b); 15 U.S.C. 77g; 15 U.S.C. 77j; 15
U.S.C. 78c(b); 15 U.S.C. 78l; 15 U.S.C. 78m; 15 U.S.C. 78o(d)
Abstract: The Commission adopted rules to modernize and clarify the
disclosure requirements for companies engaged in mining operations.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Elliot Staffin, Division of Corporation Finance,
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549, Phone: 202 551-3450, Email: [email protected]
RIN: 3235-AL81

342. Disclosure Update and Simplification

E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 77a et seq.; 15 U.S.C. 78a et seq.; 15
U.S.C. 80a-1 et seq.; Pub. L. 114-94
Abstract: The Commission adopted rules to update certain disclosure
requirements in Regulations S-X and S-K that may have become redundant,
duplicative, overlapping, outdated, or superseded in light of other
Commission disclosure requirements, U.S. Generally Accepted Accounting
Principles, International Financial Reporting Standards, or changes in
the information environment.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Lindsay McCord, Securities and Exchange Commission,
100 F Street NE, Washington, DC 20549, Phone: 202 551-3255, Email:
[email protected]
RIN: 3235-AL82

SECURITIES AND EXCHANGE COMMISSION (SEC)

Division of Investment Management

Proposed Rule Stage

343. Use of Derivatives by Registered Investment Companies and Business
Development Companies

E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 80a-6(c); 15 U.S.C. 80a-31(a); 15 U.S.C.
80a-12(a); 15 U.S.C. 80a-38(a); 15 U.S.C. 80a-8; 15 U.S.C. 80a-30; 15
U.S.C. 80a-38
Abstract: The Division is considering recommending that the
Commission re-propose a new rule designed to enhance the regulation of
the use of derivatives by registered investment companies, including
mutual funds, exchange-traded funds, closed-end funds, and business
development companies.
Timetable:

[[Page 29787]]

Second NPRM......................... 04/00/20 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brian Johnson, Division of Investment Management,
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549, Phone: 202 551-6740, Email: [email protected]
RIN: 3235-AL60

344. Fund of Funds Arrangements

E.O. 13771 Designation: Independent agency.
Legal Authority: Not Yet Determined
Abstract: The Division is considering recommending that the
Commission adopt new rules and rule amendments to allow funds to
acquire shares of other funds (i.e., ``fund of funds'' arrangements),
including arrangements involving exchange-traded funds, without first
obtaining exemptive orders from the Commission.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Melissa Gainor, Division of Investment Management,
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549, Phone: 202 551-6805, Email: [email protected]
RIN: 3235-AM29

SECURITIES AND EXCHANGE COMMISSION (SEC)

Division of Investment Management

Final Rule Stage

345. Form CRS Relationship Summary; Amendments to Form ADV; Required
Disclosures to Retail Customers and Restrictions on the Use of Certain
Names or Titles

E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 80b-11(g)
Abstract: The Division is considering making recommendations,
jointly with the Division of Trading and Markets, that the Commission
adopt new and amended rules and forms under the Investment Advisers Act
of 1940 and the Securities Exchange Act of 1934 to (1) Require
registered investment advisers and registered broker-dealers to provide
a brief relationship summary to retail investors and (2) reduce
investor confusion in the marketplace for firm services.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Emily Russell, Division of Trading and Markets,
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549, Phone: 202 551-5500, Email: [email protected]
Sara Cortes, Division of Investment Management, Securities and
Exchange Commission, 100 F Street NE, Washington, DC 20549, Phone: 202
551-5137, Email: [email protected]
RIN: 3235-AL27

SECURITIES AND EXCHANGE COMMISSION (SEC)

Division of Investment Management

Long-Term Actions

346. Reporting of Proxy Votes on Executive Compensation and Other
Matters

E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 78m; 15 U.S.C. 78w(a); 15 U.S.C. 78mm;
15 U.S.C. 78x; 15 U.S.C. 80a-8; 15 U.S.C. 80a-29; 15 U.S.C. 80a-30; 15
U.S.C. 80a-37; 15 U.S.C. 80a-44; Pub. L. 111-203, sec 951
Abstract: The Division is considering recommending that the
Commission re-propose rule amendments to implement section 951 of the
Dodd-Frank Act. The Commission previously proposed amendments to rules
and Form N-PX that would require institutional investment managers
subject to section 13(f) of the Exchange Act to report how they voted
on any shareholder vote on executive compensation or golden parachutes
pursuant to sections 14A(a) and (b) of the Exchange Act.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/28/10 75 FR 66622
NPRM Comment Period End............. 11/18/10 .......................
-----------------------------------
Second NPRM......................... To Be Determined
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Matthew DeLesDernier, Division of Investment
Management, Securities and Exchange Commission, 100 F Street NE,
Washington, DC 20549, Phone: 202 551-6792, Email:
[email protected]
RIN: 3235-AK67

SECURITIES AND EXCHANGE COMMISSION (SEC)

Division of Investment Management

Completed Actions

347. Amendments to Securities Act Rules Under the Fair Access to
Investment Research Act of 2017

E.O. 13771 Designation: Independent agency.
Legal Authority: 15 U.S.C. 77a et seq.; 15 U.S.C. 77e; 15 U.S.C.
78a et seq.; 15 U.S.C. 80a et seq.
Abstract: The Commission adopted rules and amendments to implement
section 2 of the Fair Access to Investment Research Act of 2017.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Amanda Wagner, Branch Chief, Investment Company
Regulation Office, Securities and Exchange Commission, Division of
Investment Management, 100 F Street NE, Washington, DC 20549, Phone:
202 551-6762, Email: [email protected]
RIN: 3235-AM24

SECURITIES AND EXCHANGE COMMISSION (SEC)

Division of Trading and Markets

Long-Term Actions

348. Removal of Certain References to Credit Ratings Under the
Securities Exchange Act of 1934

E.O. 13771 Designation: Independent agency.

[[Page 29788]]

Legal Authority: Pub. L. 111-203, sec. 939A
Abstract: Section 939A of the Dodd-Frank Act requires the
Commission to remove certain references to credit ratings from its
regulations and to substitute such standards of creditworthiness as the
Commission determines to be appropriate. The Commission amended certain
rules and one form under the Exchange Act applicable to broker-dealer
financial responsibility and confirmation of transactions. The
Commission has not yet finalized amendments to certain rules regarding
the distribution of securities.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John Guidroz, Division of Trading and Markets,
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549, Phone: 202 551-6439, Email: [email protected]
RIN: 3235-AL14

[FR Doc. 2019-11690 Filed 6-21-19; 8:45 am]
BILLING CODE 8011-01-P

[[Page 29789]]

Vol. 84

Monday,

No. 121

June 24, 2019

Part XXIX

Surface Transportation Board

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

Unified Agenda

Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
Unified Agenda

[[Page 29790]]

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SURFACE TRANSPORTATION BOARD

49 CFR Ch. X

[STB Ex Parte No. 536 (Sub-No. 46)]

Semiannual Regulatory Agenda

AGENCY: Surface Transportation Board.

ACTION: Semiannual regulatory agenda.

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

SUMMARY: The Chairman of the Surface Transportation Board is publishing
the Regulatory Flexibility Agenda for spring 2019.

FOR FURTHER INFORMATION CONTACT: A contact person is identified for
each of the rules listed below.

SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (RFA), 5
U.S.C. 601 et seq., sets forth a number of requirements for agency
rulemaking. Among other things, the RFA requires that, semiannually,
each agency shall publish in the Federal Register a Regulatory
Flexibility Agenda, which shall contain:
(1) A brief description of the subject area of any rule that the
agency expects to propose or promulgate, which is likely to have a
significant economic impact on a substantial number of small entities;
(2) A summary of the nature of any such rule under consideration
for each subject area listed in the agenda pursuant to paragraph (1),
the objectives and legal basis for the issuance of the rule, and an
approximate schedule for completing action on any rule for which the
agency has issued a general notice of proposed rulemaking; and
(3) The name and telephone number of an agency official
knowledgeable about the items listed in paragraph (1).
Accordingly, a list of proceedings appears below containing
information about subject areas in which the Board is currently
conducting rulemaking proceedings or may institute such proceedings in
the near future. It also contains information about existing
regulations being reviewed to determine whether to propose
modifications through rulemaking.
The agenda represents the Chairman's best estimate of rules that
may be considered over the next 12 months, but does not necessarily
reflect the views of any other individual Board Member. However,
section 602(d) of the RFA, 5 U.S.C. 602(d), provides: ``Nothing in
[section 602] precludes an agency from considering or acting on any
matter not included in a Regulatory Flexibility Agenda or requires an
agency to consider or act on any matter listed in such agenda.''
The Chairman is publishing the agency's Regulatory Flexibility
Agenda for spring 2019 as part of the Unified Agenda of Federal
Regulatory and Deregulatory Actions (Unified Agenda). The Unified
Agenda is coordinated by the Office of Management and Budget (OMB),
pursuant to Executive Orders 12866 and 13563. The Board is
participating voluntarily in the program to assist OMB and has included
rulemaking proceedings in the Unified Agenda beyond those required by
the RFA.

Dated: February 27, 2019.

By the Board, Chairman Begeman.
Jeffrey Herzig,
Clearance Clerk.

Surface Transportation Board--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
349....................... Review of Commodity, 2140-AB29
Boxcar, and TOFC/COFC
Exemptions, EP 704 (Sub-
No. 1).
------------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD (STB)

Long-Term Actions

349. Review of Commodity, Boxcar, and TOFC/COFC Exemptions, EP 704
(Sub-No. 1)

E.O. 13771 Designation: Independent agency.
Legal Authority: 49 U.S.C. 10502; 49 U.S.C. 13301
Abstract: The Board proposed to revoke the class exemptions for the
rail transportation of: (1) Crushed or broken stone or riprap; (2)
hydraulic cement; and (3) coke produced from coal, primary iron or
steel products, and iron or steel scrap, wastes, or tailings.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Amy Ziehm, Branch Chief, Office of Proceedings,
Surface Transportation Board, 395 E Street SW, Washington, DC 20423-
0001, Phone: 202 245-0391, Email: [email protected].
Francis O'Connor, Section Chief, Chemical & Agricultural
Transportation, Office of Economics, Surface Transportation Board, 395
E Street SW, Washington, DC 20423-0001, Phone: 202 245-0331, Email:
francis.o'[email protected].
RIN: 2140-AB29

[FR Doc. 2019-11692 Filed 6-21-19; 8:45 am]
BILLING CODE 4915-01-P

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