Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2020, 16847-16853 [2021-04348]

Download as PDF 16848 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda REGULATORY INFORMATION SERVICE CENTER Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions—Fall 2020 AGENCY: Regulatory Information Service Center. Introduction to the Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions. ACTION: Publication of the Unified Agenda of Regulatory and Deregulatory Actions and the Regulatory Plan represent key components of the regulatory planning mechanism prescribed in Executive Order 12866, ‘‘Regulatory Planning and Review,’’ Executive Order 13771, ‘‘Reducing Regulation and Controlling Regulatory Costs,’’ January 30, 2017, and Executive Order 13777, ‘‘Enforcing the Regulatory Reform Agenda,’’ February 24, 2017. The fall editions of the Unified Agenda include the agency regulatory plans required by E.O. 12866, which identify regulatory priorities and provide additional detail about the most important significant regulatory actions that agencies expect to take in the coming year. In addition, the Regulatory Flexibility Act requires that agencies publish semiannual ‘‘regulatory flexibility agendas’’ describing regulatory actions they are developing that will have significant effects on small businesses and other small entities (5 U.S.C. 602). The Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), published in the fall and spring, helps agencies fulfill all of these requirements. All federal regulatory agencies have chosen to publish their regulatory agendas as part of this publication. The complete Unified Agenda and Regulatory Plan can be found online at http://www.reginfo.gov and a reduced print version can be found in the Federal Register. Information regarding obtaining printed copies can also be found on the Reginfo.gov website (or below, VI. How can users get copies of the Plan and the Agenda?). The fall 2020 Unified Agenda publication appearing in the Federal Register includes the Regulatory Plan and agency regulatory flexibility agendas, in accordance with the publication requirements of the Regulatory Flexibility Act. Agency regulatory flexibility agendas contain only those Agenda entries for rules that are likely to have a significant economic impact on a substantial number of small entities and entries that have been jbell on DSKJLSW7X2PROD with PROPOSALS2 SUMMARY: VerDate Sep<11>2014 19:54 Mar 30, 2021 Jkt 253001 selected for periodic review under section 610 of the Regulatory Flexibility Act. The complete fall 2020 Unified Agenda contains the Regulatory Plans of 28 Federal agencies and 68 Federal agency regulatory agendas. ADDRESSES: Regulatory Information Service Center (MVE), General Services Administration, 1800 F Street NW, 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: Boris Arratia, Director, Regulatory Information Service Center (MR), General Services Administration, 1800 F Street NW, Room 2221D, Washington, DC 20405, 703–795–0816. You may also send comments to us by email at: RISC@gsa.gov. SUPPLEMENTARY INFORMATION: Table of Contents Introduction to the Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions I. What are the Regulatory Plan and the Unified Agenda? II. Why are the Regulatory Plan and the Unified Agenda published? III. How are the Regulatory Plan and the Unified Agenda organized? IV. What information appears for each entry? V. Abbreviations VI. How can users get copies of the Plan and the Agenda? Introduction to the Fall 2020 Regulatory Plan Agency Regulatory Plans Cabinet Departments Department of Agriculture Department of Commerce Department of Defense Department of Education Department of Energy Department of Health and Human Services Department of Homeland Security Department of Housing and Urban Development Department of the Interior Department of Justice Department of Labor Department of State Department of Transportation Department of the Treasury Department of Veterans Affairs Other Executive Agencies Architectural and Transportation Barriers Compliance Board Environmental Protection Agency Equal Employment Opportunity Commission General Services Administration National Aeronautics and Space Administration National Archives and Records Administration National Science Foundation PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 Office of Management and Budget Office of National Drug Control Policy Office of Personnel Management Pension Benefit Guaranty Corporation Small Business Administration Social Security Administration Independent Regulatory Agencies Consumer Financial Protection Bureau Consumer Product Safety Commission Federal Trade Commission National Indian Gaming Commission Nuclear Regulatory Commission Federal Permitting Improvement Steering Council Agency Agendas Cabinet Departments Department of Agriculture Department of Commerce Department of Defense Department of Education Department of Energy Department of Health and Human Services Department of Homeland Security Department of the Interior Department of Labor Department of Transportation Department of the Treasury Other Executive Agencies Committee for Purchase From People Who Are Blind or Severely Disabled Environmental Protection Agency General Services Administration Office of Management and Budget 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 Nuclear Regulatory Commission Securities and Exchange Commission Surface Transportation Board Federal Permitting Improvement Steering Council Introduction to the Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions I. What are the Regulatory Plan and the Unified Agenda? The Regulatory Plan serves as a defining statement of the Administration’s regulatory and deregulatory policies and priorities. The Plan is part of the fall edition of the Unified Agenda. Each participating agency’s regulatory plan contains: (1) A narrative statement of the agency’s regulatory and deregulatory priorities, and, for the most part, (2) a description of the most important significant regulatory and deregulatory actions that E:\FR\FM\31MRP2.SGM 31MRP2 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda the agency reasonably expects to issue in proposed or final form during the upcoming fiscal year. This edition includes the regulatory plans of 30 agencies. The Unified Agenda provides information about regulations that the Government is considering or reviewing. The Unified Agenda has appeared in the Federal Register twice each year since 1983 and has been available online since 1995. The complete Unified Agenda is available to the public at http://www.reginfo.gov. The online Unified Agenda offers flexible search tools and access to the historic Unified Agenda database to 1995. The complete online edition of the Unified Agenda includes regulatory agendas from 65 Federal agencies. Agencies of the United States Congress are not included. The fall 2020 Unified Agenda publication appearing in the Federal Register consists of The Regulatory Plan and agency regulatory flexibility agendas, in accordance with the publication requirements of the Regulatory Flexibility Act. Agency regulatory flexibility agendas contain only those Agenda entries for rules that are likely to have a significant economic impact on a substantial number of small entities and entries that have been selected for periodic review under section 610 of the Regulatory Flexibility Act. Printed entries display only the fields required by the Regulatory Flexibility Act. Complete agenda information for those entries appears, in a uniform format, in the online Unified Agenda at http://www.reginfo.gov. The following agencies have no entries for inclusion in the printed regulatory flexibility agenda. An asterisk (*) indicates agencies that appear in The Regulatory Plan. The regulatory agendas of these agencies are available to the public at http://reginfo.gov. jbell on DSKJLSW7X2PROD with PROPOSALS2 Cabinet Departments Department of Justice * Department of Housing and Urban Development * Department of State * Other Executive Agencies Agency for International Development American Battle Monuments Commission Architectural and Transportation Barriers Compliance Board * 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 VerDate Sep<11>2014 19:54 Mar 30, 2021 Jkt 253001 Equal Employment Opportunity Commission * Federal Mediation Conciliation Service Institute of Museum and Library Services National Aeronautics and Space Administration * National Archives and Records Administration * National Endowment for the Arts National Endowment for the Humanities National Mediation Board National Science Foundation* Office of Government Ethics Office of Personnel Management * Office of the United States Trade Representative Peace Corps Pension Benefit Guaranty Corporation * Presidio Trust Social Security Administration * U.S. Agency for Global Media Independent Agencies Council of the Inspectors General on Integrity and Efficiency Farm Credit Administration Federal Deposit Insurance Corporation Federal Energy Regulatory Commission Federal Housing Finance Agency Federal Maritime Commission Federal Mine Safety and Health Review Commission Federal Trade Commission * National Credit Union Administration National Indian Gaming Commission * National Labor Relations Board National Transportation Safety Board Postal Regulatory Commission The Regulatory Information Service Center compiles the Unified Agenda for the Office of Information and Regulatory Affairs (OIRA), part of the Office of Management and Budget. OIRA is responsible for overseeing the Federal Government’s regulatory, paperwork, and information resource management activities, including implementation of Executive Order 12866 (incorporated in Executive Order 13563). The Center also provides information about Federal regulatory activity to the President and his Executive Office, the Congress, agency officials, and the public. The activities included in the Agenda are, in general, those that will have a regulatory action within the next 12 months. Agencies may choose to include activities that will have a longer timeframe than 12 months. Agency agendas also show actions or reviews completed or withdrawn since the last Unified Agenda. Executive Order 12866 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 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 16849 their plans to review, propose, and issue regulations. They have tried to predict their activities over the next 12 months as accurately as possible, but dates and schedules are subject to change. Agencies may withdraw some of the regulations now under development, and they may issue or propose other regulations not included in their agendas. Agency actions in the rulemaking process may occur before or after the dates they have listed. The Regulatory Plan and Unified Agenda do not create a legal obligation on agencies to adhere to schedules in this publication or to confine their regulatory activities to those regulations that appear within it. II. Why are the Regulatory Plan and the Unified Agenda published? The Regulatory Plan and the Unified Agenda helps agencies comply with their obligations under the Regulatory Flexibility Act and various Executive orders and other statutes. Regulatory Flexibility Act The Regulatory Flexibility Act requires agencies to identify those rules that may have a significant economic impact on a substantial number of small entities (5 U.S.C. 602). Agencies meet that requirement by including the information in their submissions for the Unified Agenda. Agencies may also indicate those regulations that they are reviewing as part of their periodic review of existing rules under the Regulatory Flexibility Act (5 U.S.C. 610). Executive Order 13272, ‘‘Proper Consideration of Small Entities in Agency Rulemaking,’’ signed August 13, 2002 (67 FR 53461), provides additional guidance on compliance with the Act. Executive Order 12866 Executive Order 12866, ‘‘Regulatory Planning and Review,’’ September 30, 1993 (58 FR 51735), requires covered agencies to prepare an agenda of all regulations under development or review. The Order also requires that certain agencies prepare annually a regulatory plan of their ‘‘most important significant regulatory actions,’’ which appears as part of the fall Unified Agenda. Executive Order 13497, signed January 30, 2009 (74 FR 6113), revoked the amendments to Executive Order 12866 that were contained in Executive Order 13258 and Executive Order 13422. Executive Order 13771 Executive Order 13771, ‘‘Reducing Regulation and Controlling Regulatory Costs,’’ January 30, 2017 (82 FR 9339) requires each agency to identify for E:\FR\FM\31MRP2.SGM 31MRP2 16850 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda elimination two prior regulations for every one new regulation issued, and the cost of planned regulations be prudently managed and controlled through a budgeting process. Executive Order 13777 Executive Order 13777, ‘‘Enforcing the Regulatory Reform Agenda,’’ February 24, 2017 (82 FR 12285) requires each agency to designate an agency official as its Regulatory Reform Officer (RRO). Each RRO shall oversee the implementation of regulatory reform initiatives and policies to ensure that agencies effectively carry out regulatory reforms, consistent with applicable law. The Executive Order also directs that each agency designate a regulatory Reform Task Force. jbell on DSKJLSW7X2PROD with PROPOSALS2 Executive Order 13563 Executive Order 13563, ‘‘Improving Regulation and Regulatory Review,’’ January 18, 2011 (76 FR 3821) supplements and reaffirms the principles, structures, and definitions governing contemporary regulatory review that were established in Executive Order 12866, which includes the general principles of regulation and public participation, and orders integration and innovation in coordination across agencies; flexible approaches where relevant, feasible, and consistent with regulatory approaches; scientific integrity in any scientific or technological information and processes used to support the agencies’ regulatory actions; and retrospective analysis of existing regulations. Executive Order 13132 Executive Order 13132, ‘‘Federalism,’’ August 4, 1999 (64 FR 43255), directs agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have ‘‘federalism implications’’ as defined in the Order. Under the Order, an agency that is proposing a regulation with federalism implications, which either preempt State law or impose nonstatutory 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 VerDate Sep<11>2014 19:54 Mar 30, 2021 Jkt 253001 the extent to which those concerns have been met. As part of this effort, agencies include in their submissions for the Unified Agenda information on whether their regulatory actions may have an effect on the various levels of government and whether those actions have federalism implications. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4, title II) requires agencies to prepare written assessments of the costs and benefits of significant regulatory actions ‘‘that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any 1 year.’’ The requirement does not apply to independent regulatory agencies, nor does it apply to certain subject areas excluded by section 4 of the Act. Affected agencies identify in the Unified Agenda those regulatory actions they believe are subject to title II of the Act. Executive Order 13211 Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,’’ May 18, 2001 (66 FR 28355), directs agencies to provide, to the extent possible, information regarding the adverse effects that agency actions may have on the supply, distribution, and use of energy. Under the Order, the agency must prepare and submit a Statement of Energy Effects to the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, for ‘‘those matters identified as significant energy actions.’’ As part of this effort, agencies may optionally include in their submissions for the Unified Agenda information on whether they have prepared or plan to prepare a Statement of Energy Effects for their regulatory actions. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act (Pub. L. 104– 121, title II) established a procedure for congressional review of rules (5 U.S.C. 801 et seq.), which defers, unless exempted, the effective date of a ‘‘major’’ rule for at least 60 days from the publication of the final rule in the Federal Register. The Act specifies that a rule is ‘‘major’’ if it has resulted, or is likely to result, in an annual effect on the economy of $100 million or more or meets other criteria specified in that Act. The Act provides that the Administrator of OIRA will make the PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 final determination as to whether a rule is major. III. How are the Regulatory Plan and the Unified Agenda organized? The Regulatory Plan appears in part II in a daily edition of the Federal Register. The Plan is a single document beginning with an introduction, followed by a table of contents, followed by each agency’s section of the Plan. Following the Plan in the Federal Register, as separate parts, are the regulatory flexibility agendas for each agency whose agenda includes entries for rules which are likely to have a significant economic impact on a substantial number of small entities or rules that have been selected for periodic review under section 610 of the Regulatory Flexibility Act. Each printed agenda appears as a separate part. The sections of the Plan and the parts of the Unified Agenda are organized alphabetically in four groups: Cabinet departments; other executive agencies; the Federal Acquisition Regulation, a joint authority (Agenda only); and independent regulatory agencies. Agencies may in turn be divided into subagencies. Each printed agency agenda has a table of contents listing the agency’s printed entries that follow. Each agency’s part of the Agenda contains a preamble providing information specific to that agency. Each printed agency agenda has a table of contents listing the agency’s printed entries that follow. Each agency’s section of the Plan contains a narrative statement of regulatory priorities and, for most agencies, a description of the agency’s most important significant regulatory and deregulatory actions. Each agency’s part of the Agenda contains a preamble providing information specific to that agency plus descriptions of the agency’s regulatory and deregulatory actions. The online, complete Unified Agenda contains the preambles of all participating agencies. Unlike the printed edition, the online Agenda has no fixed ordering. In the online Agenda, users can select the particular agencies’ agendas they want to see. Users have broad flexibility to specify the characteristics of the entries of interest to them by choosing the desired responses to individual data fields. To see a listing of all of an agency’s entries, a user can select the agency without specifying any particular characteristics of entries. Each entry in the Agenda is associated with one of five rulemaking stages. The rulemaking stages are: 1. Prerule Stage—actions agencies will undertake to determine whether or E:\FR\FM\31MRP2.SGM 31MRP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 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 12month 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, LongTerm and Completed Actions are reported separately from active rulemakings, which can be any of the first three stages of rulemaking listed above. A separate search function is provided on http://reginfo.gov to search for Completed and Long-Term Actions apart from each other and active RINs. A bullet (•) preceding the title of an entry indicates that the entry is appearing in the Unified Agenda for the first time. In the printed edition, all entries are numbered sequentially from the beginning to the end of the publication. The sequence number preceding the title of each entry identifies the location of the entry in this edition. The sequence number is used as the reference in the printed table of contents. Sequence numbers are not VerDate Sep<11>2014 19:54 Mar 30, 2021 Jkt 253001 used in the online Unified Agenda because the unique Regulation Identifier Number (RIN) is able to provide this cross-reference capability. Editions of the Unified Agenda prior to fall 2007 contained several indexes, which identified entries with various characteristics. These included regulatory actions for which agencies believe that the Regulatory Flexibility Act may require a Regulatory Flexibility Analysis, actions selected for periodic review under section 610(c) of the Regulatory Flexibility Act, and actions that may have federalism implications as defined in Executive Order 13132 or other effects on levels of government. These indexes are no longer compiled, because users of the online Unified Agenda have the flexibility to search for entries with any combination of desired characteristics. The online edition retains the Unified Agenda’s subject index based on the Federal Register Thesaurus of Indexing Terms. In addition, online users have the option of searching Agenda text fields for words or phrases. IV. What information appears for each entry? All entries in the online Unified Agenda contain uniform data elements including, at a minimum, the following information: Title of the Regulation—a brief description of the subject of the regulation. In the printed edition, the notation ‘‘Section 610 Review’’ following the title indicates that the agency has selected the rule for its periodic review of existing rules under the Regulatory Flexibility Act (5 U.S.C. 610(c)). Some agencies have indicated completions of section 610 reviews or rulemaking actions resulting from completed section 610 reviews. In the online edition, these notations appear in a separate field. Priority—an indication of the significance of the regulation. Agencies assign each entry to one of the following five categories of significance. (1) Economically Significant 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.) PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 16851 (2) Other Significant A rulemaking that is not Economically Significant but is considered Significant by the agency. This category includes rules that the agency anticipates will be reviewed under Executive Order 12866 or rules that are a priority of the agency head. These rules may or may not be included in the agency’s regulatory plan. (3) Substantive, Nonsignificant A rulemaking that has substantive impacts, but is neither Significant, nor Routine and Frequent, nor Informational/Administrative/Other. (4) Routine and Frequent A rulemaking that is a specific case of a multiple recurring application of a regulatory program in the Code of Federal Regulations and that does not alter the body of the regulation. (5) Informational/Administrative/Other A rulemaking that is primarily informational or pertains to agency matters not central to accomplishing the agency’s regulatory mandate but that the agency places in the Unified Agenda to inform the public of the activity. Major—whether the rule is ‘‘major’’ under 5 U.S.C. 801 (Pub. L. 104–121) because it has resulted or is likely to result in an annual effect on the economy of $100 million or more or meets other criteria specified in that Act. The Act provides that the Administrator of the Office of Information and Regulatory Affairs will make the final determination as to whether a rule is major. Unfunded Mandates—whether the rule is covered by section 202 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). The Act requires that, before issuing an NPRM likely to result in a mandate that may result in expenditures by State, local, and tribal governments, in the aggregate, or by the private sector of more than $100 million in 1 year, agencies, other than independent regulatory agencies, shall 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 E:\FR\FM\31MRP2.SGM 31MRP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 16852 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda whether the deadline pertains to an NPRM, a Final Action, or some other action. Abstract—a brief description of the problem the regulation will address; the need for a Federal solution; to the extent available, alternatives that the agency is considering to address the problem; and potential costs and benefits of the action. Timetable—the dates and citations (if available) for all past steps and a projected date for at least the next step for the regulatory action. A date displayed in the form 12/00/19 means the agency is predicting the month and year the action will take place but not the day it will occur. In some instances, agencies may indicate what the next action will be, but the date of that action is ‘‘To Be Determined.’’ ‘‘Next Action Undetermined’’ indicates the agency does not know what action it will take next. Regulatory Flexibility Analysis Required—whether an analysis is required by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because the rulemaking action is likely to have a significant economic impact on a substantial number of small entities as defined by the Act. Small Entities Affected—the types of small entities (businesses, governmental jurisdictions, or organizations) on which the rulemaking action is likely to have an impact as defined by the Regulatory Flexibility Act. Some agencies have chosen to indicate likely effects on small entities even though they believe that a Regulatory Flexibility Analysis will not be required. Government Levels Affected—whether the action is expected to affect levels of government and, if so, whether the governments are State, local, tribal, or Federal. International Impacts—whether the regulation is expected to have international trade and investment effects, or otherwise may be of interest to the Nation’s international trading partners. Federalism—whether the action has ‘‘federalism implications’’ as defined in Executive Order 13132. This term refers to actions ‘‘that have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ Independent regulatory agencies are not required to supply this information. Included in the Regulatory Plan— whether the rulemaking was included in the agency’s current regulatory plan published in fall 2017. VerDate Sep<11>2014 19:54 Mar 30, 2021 Jkt 253001 Agency Contact—the name and phone number of at least one person in the agency who is knowledgeable about the rulemaking action. The agency may also provide the title, address, fax number, email address, and TDD for each agency contact. Some agencies have provided the following optional information: RIN Information URL—the internet address of a site that provides more information about the entry. Public Comment URL—the internet address of a site that will accept public comments on the entry. Alternatively, timely public comments may be submitted at the Governmentwide erulemaking site, http:// www.regulations.gov. Additional Information—any information an agency wishes to include that does not have a specific corresponding data element. Compliance Cost to the Public—the estimated gross compliance cost of the action. Affected Sectors—the industrial sectors that the action may most affect, either directly or indirectly. Affected sectors are identified by North American Industry Classification System (NAICS) codes. Energy Effects—an indication of whether the agency has prepared or plans to prepare a Statement of Energy Effects for the action, as required by Executive Order 13211 ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,’’ signed May 18, 2001 (66 FR 28355). Related RINs—one or more past or current RIN(s) associated with activity related to this action, such as merged RINs, split RINs, new activity for previously completed RINs, or duplicate RINs. 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 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 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. E:\FR\FM\31MRP2.SGM 31MRP2 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda jbell on DSKJLSW7X2PROD with PROPOSALS2 Public laws are numbered in sequence throughout the 2-year life of each Congress; for example, Public Law 112– 4 is the fourth public law of the 112th Congress. RFA—A Regulatory Flexibility Analysis is a description and analysis of the impact of a rule on small entities, including small businesses, small governmental jurisdictions, and certain small not-for-profit organizations. The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires each agency to prepare an initial RFA for public comment when it is required to publish an NPRM and to make available a final RFA when the final rule is published, unless the agency head certifies that the rule would not have a significant economic impact on a substantial number of small entities. RIN—The Regulation Identifier Number is assigned by the Regulatory Information Service Center to identify each regulatory action listed in the Regulatory Plan and the Unified Agenda, as directed by Executive Order 12866 (section 4(b)). Additionally, OMB has asked agencies to include RINs in the headings of their Rule and Proposed VerDate Sep<11>2014 19:54 Mar 30, 2021 Jkt 253001 Rule documents when publishing them in the Federal Register, to make it easier for the public and agency officials to track the publication history of regulatory actions throughout their development. Seq. No.—The sequence number identifies the location of an entry in the printed edition of the Regulatory Plan and the Unified Agenda. Note that a specific regulatory action will have the same RIN throughout its development but will generally have different sequence numbers if it appears in different printed editions of the Unified Agenda. Sequence numbers are not used in the online Unified Agenda. U.S.C.—The United States Code is a consolidation and codification of all general and permanent laws of the United States. The U.S.C. is divided into 50 titles, each title covering a broad area of Federal law. VI. How can users get copies of the Plan and the Agenda? Copies of the Federal Register issue containing the printed edition of The Regulatory Plan and the Unified Agenda (agency regulatory flexibility agendas) PO 00000 Frm 00007 Fmt 4701 Sfmt 9990 16853 are available from the Superintendent of Documents, U.S. Government Publishing Office, P.O. Box 371954, Pittsburgh, PA 15250–7954. Telephone: (202) 512–1800 or 1–866–512–1800 (toll-free). Copies of individual agency materials may be available directly from the agency or may be found on the agency’s website. Please contact the particular agency for further information. All editions of The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions since fall 1995 are available in electronic form at http://reginfo.gov, along with flexible search tools. The Government Publishing Office’s GPO FDsys website contains copies of the Agendas and Regulatory Plans that have been printed in the Federal Register. These documents are available at http://www.fdsys.gov. Dated: December 3, 2020. Boris Arratia, Director. [FR Doc. 2021–04348 Filed 3–30–21; 8:45 am] BILLING CODE 6820–27–P E:\FR\FM\31MRP2.SGM 31MRP2

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[Federal Register Volume 86, Number 60 (Wednesday, March 31, 2021)]
[Unknown Section]
[Pages 16848-16853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04348]



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Introduction to the Unified Agenda of Federal Regulatory and 
Deregulatory Actions--Fall 2020

Federal Register / Vol. 86 , No. 60 / Wednesday, March 31, 2021 / UA: 
Reg Flex Agenda

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REGULATORY INFORMATION SERVICE CENTER


Introduction to the Unified Agenda of Federal Regulatory and 
Deregulatory Actions--Fall 2020

AGENCY: Regulatory Information Service Center.

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

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SUMMARY: Publication of the Unified Agenda of Regulatory and 
Deregulatory Actions and the Regulatory Plan represent key components 
of the regulatory planning mechanism prescribed in Executive Order 
12866, ``Regulatory Planning and Review,'' Executive Order 13771, 
``Reducing Regulation and Controlling Regulatory Costs,'' January 30, 
2017, and Executive Order 13777, ``Enforcing the Regulatory Reform 
Agenda,'' February 24, 2017. The fall editions of the Unified Agenda 
include the agency regulatory plans required by E.O. 12866, which 
identify regulatory priorities and provide additional detail about the 
most important significant regulatory actions that agencies expect to 
take in the coming year.
    In addition, the Regulatory Flexibility Act requires that agencies 
publish semiannual ``regulatory flexibility agendas'' describing 
regulatory actions they are developing that will have significant 
effects on small businesses and other small entities (5 U.S.C. 602).
    The Unified Agenda of Regulatory and Deregulatory Actions (Unified 
Agenda), published in the fall and spring, helps agencies fulfill all 
of these requirements. All federal regulatory agencies have chosen to 
publish their regulatory agendas as part of this publication. The 
complete Unified Agenda and Regulatory Plan can be found online at 
http://www.reginfo.gov and a reduced print version can be found in the 
Federal Register. Information regarding obtaining printed copies can 
also be found on the Reginfo.gov website (or below, VI. How can users 
get copies of the Plan and the Agenda?).
    The fall 2020 Unified Agenda publication appearing in the Federal 
Register includes the Regulatory Plan and agency regulatory flexibility 
agendas, in accordance with the publication requirements of the 
Regulatory Flexibility Act. Agency regulatory flexibility agendas 
contain only those Agenda entries for rules that are likely to have a 
significant economic impact on a substantial number of small entities 
and entries that have been selected for periodic review under section 
610 of the Regulatory Flexibility Act.
    The complete fall 2020 Unified Agenda contains the Regulatory Plans 
of 28 Federal agencies and 68 Federal agency regulatory agendas.

ADDRESSES: Regulatory Information Service Center (MVE), General 
Services Administration, 1800 F Street NW, 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: Boris Arratia, Director, Regulatory 
Information Service Center (MR), General Services Administration, 1800 
F Street NW, Room 2221D, Washington, DC 20405, 703-795-0816. You may 
also send comments to us by email at: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

Introduction to the Regulatory Plan and the Unified Agenda of Federal 
Regulatory and Deregulatory Actions

I. What are the Regulatory Plan and the Unified Agenda?
II. Why are the Regulatory Plan and the Unified Agenda published?
III. How are the Regulatory Plan and the Unified Agenda organized?
IV. What information appears for each entry?
V. Abbreviations
VI. How can users get copies of the Plan and the Agenda?
Introduction to the Fall 2020 Regulatory Plan

Agency Regulatory Plans

Cabinet Departments

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

Other Executive Agencies

Architectural and Transportation Barriers Compliance Board
Environmental Protection Agency
Equal Employment Opportunity Commission
General Services Administration
National Aeronautics and Space Administration
National Archives and Records Administration
National Science Foundation
Office of Management and Budget
Office of National Drug Control Policy
Office of Personnel Management
Pension Benefit Guaranty Corporation
Small Business Administration
Social Security Administration

Independent Regulatory Agencies

Consumer Financial Protection Bureau
Consumer Product Safety Commission
Federal Trade Commission
National Indian Gaming Commission
Nuclear Regulatory Commission
Federal Permitting Improvement Steering Council

Agency Agendas

Cabinet Departments

Department of Agriculture
Department of Commerce
Department of Defense
Department of Education
Department of Energy
Department of Health and Human Services
Department of Homeland Security
Department of the Interior
Department of Labor
Department of Transportation
Department of the Treasury

Other Executive Agencies

Committee for Purchase From People Who Are Blind or Severely 
Disabled
Environmental Protection Agency
General Services Administration
Office of Management and Budget
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
Nuclear Regulatory Commission
Securities and Exchange Commission
Surface Transportation Board
Federal Permitting Improvement Steering Council

Introduction to the Regulatory Plan and the Unified Agenda of Federal 
Regulatory and Deregulatory Actions

I. What are the Regulatory Plan and the Unified Agenda?

    The Regulatory Plan serves as a defining statement of the 
Administration's regulatory and deregulatory policies and priorities. 
The Plan is part of the fall edition of the Unified Agenda. Each 
participating agency's regulatory plan contains: (1) A narrative 
statement of the agency's regulatory and deregulatory priorities, and, 
for the most part, (2) a description of the most important significant 
regulatory and deregulatory actions that

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the agency reasonably expects to issue in proposed or final form during 
the upcoming fiscal year. This edition includes the regulatory plans of 
30 agencies.
    The Unified Agenda provides information about regulations that the 
Government is considering or reviewing. The Unified Agenda has appeared 
in the Federal Register twice each year since 1983 and has been 
available online since 1995. The complete Unified Agenda is available 
to the public at http://www.reginfo.gov. The online Unified Agenda 
offers flexible search tools and access to the historic Unified Agenda 
database to 1995. The complete online edition of the Unified Agenda 
includes regulatory agendas from 65 Federal agencies. Agencies of the 
United States Congress are not included.
    The fall 2020 Unified Agenda publication appearing in the Federal 
Register consists of The Regulatory Plan and agency regulatory 
flexibility agendas, in accordance with the publication requirements of 
the Regulatory Flexibility Act. Agency regulatory flexibility agendas 
contain only those Agenda entries for rules that are likely to have a 
significant economic impact on a substantial number of small entities 
and entries that have been selected for periodic review under section 
610 of the Regulatory Flexibility Act. Printed entries display only the 
fields required by the Regulatory Flexibility Act. Complete agenda 
information for those entries appears, in a uniform format, in the 
online Unified Agenda at http://www.reginfo.gov.
    The following agencies have no entries for inclusion in the printed 
regulatory flexibility agenda. An asterisk (*) indicates agencies that 
appear in The Regulatory Plan. The regulatory agendas of these agencies 
are available to the public at http://reginfo.gov.

Cabinet Departments

Department of Justice *
Department of Housing and Urban Development *
Department of State *

Other Executive Agencies

Agency for International Development
American Battle Monuments Commission
Architectural and Transportation Barriers Compliance Board *
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 Conciliation Service
Institute of Museum and Library Services
National Aeronautics and Space Administration *
National Archives and Records Administration *
National Endowment for the Arts
National Endowment for the Humanities
National Mediation Board
National Science Foundation*
Office of Government Ethics
Office of Personnel Management *
Office of the United States Trade Representative
Peace Corps
Pension Benefit Guaranty Corporation *
Presidio Trust
Social Security Administration *
U.S. Agency for Global Media

Independent Agencies

Council of the Inspectors General on Integrity and Efficiency
Farm Credit Administration
Federal Deposit Insurance Corporation
Federal Energy Regulatory Commission
Federal Housing Finance Agency
Federal Maritime Commission
Federal Mine Safety and Health Review Commission
Federal Trade Commission *
National Credit Union Administration
National Indian Gaming Commission *
National Labor Relations Board
National Transportation Safety Board
Postal Regulatory Commission

    The Regulatory Information Service Center compiles the Unified 
Agenda for the Office of Information and Regulatory Affairs (OIRA), 
part of the Office of Management and Budget. OIRA is responsible for 
overseeing the Federal Government's regulatory, paperwork, and 
information resource management activities, including implementation of 
Executive Order 12866 (incorporated in Executive Order 13563). The 
Center also provides information about Federal regulatory activity to 
the President and his Executive Office, the Congress, agency officials, 
and the public.
    The activities included in the Agenda are, in general, those that 
will have a regulatory action within the next 12 months. Agencies may 
choose to include activities that will have a longer timeframe than 12 
months. Agency agendas also show actions or reviews completed or 
withdrawn since the last Unified Agenda. Executive Order 12866 does not 
require agencies to include regulations concerning military or foreign 
affairs functions or regulations related to agency organization, 
management, or personnel matters.
    Agencies prepared entries for this publication to give the public 
notice of their plans to review, propose, and issue regulations. They 
have tried to predict their activities over the next 12 months as 
accurately as possible, but dates and schedules are subject to change. 
Agencies may withdraw some of the regulations now under development, 
and they may issue or propose other regulations not included in their 
agendas. Agency actions in the rulemaking process may occur before or 
after the dates they have listed. The Regulatory Plan and Unified 
Agenda do not create a legal obligation on agencies to adhere to 
schedules in this publication or to confine their regulatory activities 
to those regulations that appear within it.

II. Why are the Regulatory Plan and the Unified Agenda published?

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

Regulatory Flexibility Act

    The Regulatory Flexibility Act requires agencies to identify those 
rules that may have a significant economic impact on a substantial 
number of small entities (5 U.S.C. 602). Agencies meet that requirement 
by including the information in their submissions for the Unified 
Agenda. Agencies may also indicate those regulations that they are 
reviewing as part of their periodic review of existing rules under the 
Regulatory Flexibility Act (5 U.S.C. 610). Executive Order 13272, 
``Proper Consideration of Small Entities in Agency Rulemaking,'' signed 
August 13, 2002 (67 FR 53461), provides additional guidance on 
compliance with the Act.

Executive Order 12866

    Executive Order 12866, ``Regulatory Planning and Review,'' 
September 30, 1993 (58 FR 51735), requires covered agencies to prepare 
an agenda of all regulations under development or review. The Order 
also requires that certain agencies prepare annually a regulatory plan 
of their ``most important significant regulatory actions,'' which 
appears as part of the fall Unified Agenda. Executive Order 13497, 
signed January 30, 2009 (74 FR 6113), revoked the amendments to 
Executive Order 12866 that were contained in Executive Order 13258 and 
Executive Order 13422.

Executive Order 13771

    Executive Order 13771, ``Reducing Regulation and Controlling 
Regulatory Costs,'' January 30, 2017 (82 FR 9339) requires each agency 
to identify for

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elimination two prior regulations for every one new regulation issued, 
and the cost of planned regulations be prudently managed and controlled 
through a budgeting process.

Executive Order 13777

    Executive Order 13777, ``Enforcing the Regulatory Reform Agenda,'' 
February 24, 2017 (82 FR 12285) requires each agency to designate an 
agency official as its Regulatory Reform Officer (RRO). Each RRO shall 
oversee the implementation of regulatory reform initiatives and 
policies to ensure that agencies effectively carry out regulatory 
reforms, consistent with applicable law. The Executive Order also 
directs that each agency designate a regulatory Reform Task Force.

Executive Order 13563

    Executive Order 13563, ``Improving Regulation and Regulatory 
Review,'' January 18, 2011 (76 FR 3821) supplements and reaffirms the 
principles, structures, and definitions governing contemporary 
regulatory review that were established in Executive Order 12866, which 
includes the general principles of regulation and public participation, 
and orders integration and innovation in coordination across agencies; 
flexible approaches where relevant, feasible, and consistent with 
regulatory approaches; scientific integrity in any scientific or 
technological information and processes used to support the agencies' 
regulatory actions; and retrospective analysis of existing regulations.

Executive Order 13132

    Executive Order 13132, ``Federalism,'' August 4, 1999 (64 FR 
43255), directs agencies to have an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have ``federalism 
implications'' as defined in the Order. Under the Order, an agency that 
is proposing a regulation with federalism implications, which either 
preempt State law or impose non-statutory unfunded substantial direct 
compliance costs on State and local governments, must consult with 
State and local officials early in the process of developing the 
regulation. In addition, the agency must provide to the Director of the 
Office of Management and Budget a federalism summary impact statement 
for such a regulation, which consists of a description of the extent of 
the agency's prior consultation with State and local officials, a 
summary of their concerns and the agency's position supporting the need 
to issue the regulation, and a statement of the extent to which those 
concerns have been met. As part of this effort, agencies include in 
their submissions for the Unified Agenda information on whether their 
regulatory actions may have an effect on the various levels of 
government and whether those actions have federalism implications.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, title II) 
requires agencies to prepare written assessments of the costs and 
benefits of significant regulatory actions ``that may result in the 
expenditure by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100,000,000 or more in any 1 year.'' The 
requirement does not apply to independent regulatory agencies, nor does 
it apply to certain subject areas excluded by section 4 of the Act. 
Affected agencies identify in the Unified Agenda those regulatory 
actions they believe are subject to title II of the Act.

Executive Order 13211

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

Small Business Regulatory Enforcement Fairness Act

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

III. How are the Regulatory Plan and the Unified Agenda organized?

    The Regulatory Plan appears in part II in a daily edition of the 
Federal Register. The Plan is a single document beginning with an 
introduction, followed by a table of contents, followed by each 
agency's section of the Plan. Following the Plan in the Federal 
Register, as separate parts, are the regulatory flexibility agendas for 
each agency whose agenda includes entries for rules which are likely to 
have a significant economic impact on a substantial number of small 
entities or rules that have been selected for periodic review under 
section 610 of the Regulatory Flexibility Act. Each printed agenda 
appears as a separate part. The sections of the Plan and the parts of 
the Unified Agenda are organized alphabetically in four groups: Cabinet 
departments; other executive agencies; the Federal Acquisition 
Regulation, a joint authority (Agenda only); and independent regulatory 
agencies. Agencies may in turn be divided into subagencies. Each 
printed agency agenda has a table of contents listing the agency's 
printed entries that follow. Each agency's part of the Agenda contains 
a preamble providing information specific to that agency. Each printed 
agency agenda has a table of contents listing the agency's printed 
entries that follow.
    Each agency's section of the Plan contains a narrative statement of 
regulatory priorities and, for most agencies, a description of the 
agency's most important significant regulatory and deregulatory 
actions. Each agency's part of the Agenda contains a preamble providing 
information specific to that agency plus descriptions of the agency's 
regulatory and deregulatory actions.
    The online, complete Unified Agenda contains the preambles of all 
participating agencies. Unlike the printed edition, the online Agenda 
has no fixed ordering. In the online Agenda, users can select the 
particular agencies' agendas they want to see. Users have broad 
flexibility to specify the characteristics of the entries of interest 
to them by choosing the desired responses to individual data fields. To 
see a listing of all of an agency's entries, a user can select the 
agency without specifying any particular characteristics of entries.
    Each entry in the Agenda is associated with one of five rulemaking 
stages. The rulemaking stages are:
    1. Prerule Stage--actions agencies will undertake to determine 
whether or

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

IV. What information appears for each entry?

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

(1) Economically Significant

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

(2) Other Significant

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

(3) Substantive, Nonsignificant

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

(4) Routine and Frequent

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

(5) Informational/Administrative/Other

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

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whether the deadline pertains to an NPRM, a Final Action, or some other 
action.
    Abstract--a brief description of the problem the regulation will 
address; the need for a Federal solution; to the extent available, 
alternatives that the agency is considering to address the problem; and 
potential costs and benefits of the action.
    Timetable--the dates and citations (if available) for all past 
steps and a projected date for at least the next step for the 
regulatory action. A date displayed in the form 12/00/19 means the 
agency is predicting the month and year the action will take place but 
not the day it will occur. In some instances, agencies may indicate 
what the next action will be, but the date of that action is ``To Be 
Determined.'' ``Next Action Undetermined'' indicates the agency does 
not know what action it will take next.
    Regulatory Flexibility Analysis Required--whether an analysis is 
required by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
because the rulemaking action is likely to have a significant economic 
impact on a substantial number of small entities as defined by the Act.
    Small Entities Affected--the types of small entities (businesses, 
governmental jurisdictions, or organizations) on which the rulemaking 
action is likely to have an impact as defined by the Regulatory 
Flexibility Act. Some agencies have chosen to indicate likely effects 
on small entities even though they believe that a Regulatory 
Flexibility Analysis will not be required.
    Government Levels Affected--whether the action is expected to 
affect levels of government and, if so, whether the governments are 
State, local, tribal, or Federal.
    International Impacts--whether the regulation is expected to have 
international trade and investment effects, or otherwise may be of 
interest to the Nation's international trading partners.
    Federalism--whether the action has ``federalism implications'' as 
defined in Executive Order 13132. This term refers to actions ``that 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government.'' 
Independent regulatory agencies are not required to supply this 
information.
    Included in the Regulatory Plan--whether the rulemaking was 
included in the agency's current regulatory plan published in 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 Governmentwide e-rulemaking site, http://www.regulations.gov.
    Additional Information--any information an agency wishes to include 
that does not have a specific corresponding data element.
    Compliance Cost to the Public--the estimated gross compliance cost 
of the action.
    Affected Sectors--the industrial sectors that the action may most 
affect, either directly or indirectly. Affected sectors are identified 
by North American Industry Classification System (NAICS) codes.
    Energy Effects--an indication of whether the agency has prepared or 
plans to prepare a Statement of Energy Effects for the action, as 
required by Executive Order 13211 ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' signed May 
18, 2001 (66 FR 28355).
    Related RINs--one or more past or current RIN(s) associated with 
activity related to this action, such as merged RINs, split RINs, new 
activity for previously completed RINs, or duplicate RINs.
    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.

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Public laws are numbered in sequence throughout the 2-year life of each 
Congress; for example, Public Law 112-4 is the fourth public law of the 
112th Congress.
    RFA--A Regulatory Flexibility Analysis is a description and 
analysis of the impact of a rule on small entities, including small 
businesses, small governmental jurisdictions, and certain small not-
for-profit organizations. The Regulatory Flexibility Act (5 U.S.C. 601 
et seq.) requires each agency to prepare an initial RFA for public 
comment when it is required to publish an NPRM and to make available a 
final RFA when the final rule is published, unless the agency head 
certifies that the rule would not have a significant economic impact on 
a substantial number of small entities.
    RIN--The Regulation Identifier Number is assigned by the Regulatory 
Information Service Center to identify each regulatory action listed in 
the Regulatory Plan and the Unified Agenda, as directed by Executive 
Order 12866 (section 4(b)). Additionally, OMB has asked agencies to 
include RINs in the headings of their Rule and Proposed Rule documents 
when publishing them in the Federal Register, to make it easier for the 
public and agency officials to track the publication history of 
regulatory actions throughout their development.
    Seq. No.--The sequence number identifies the location of an entry 
in the printed edition of the Regulatory Plan and the Unified Agenda. 
Note that a specific regulatory action will have the same RIN 
throughout its development but will generally have different sequence 
numbers if it appears in different printed editions of the Unified 
Agenda. Sequence numbers are not used in the online Unified Agenda.
    U.S.C.--The United States Code is a consolidation and codification 
of all general and permanent laws of the United States. The U.S.C. is 
divided into 50 titles, each title covering a broad area of Federal 
law.

VI. How can users get copies of the Plan and the Agenda?

    Copies of the Federal Register issue containing the printed edition 
of The Regulatory Plan and the Unified Agenda (agency regulatory 
flexibility agendas) are available from the Superintendent of 
Documents, U.S. Government Publishing Office, P.O. Box 371954, 
Pittsburgh, PA 15250-7954. Telephone: (202) 512-1800 or 1-866-512-1800 
(toll-free).
    Copies of individual agency materials may be available directly 
from the agency or may be found on the agency's website. Please contact 
the particular agency for further information.
    All editions of The Regulatory Plan and the Unified Agenda of 
Federal Regulatory and Deregulatory Actions since fall 1995 are 
available in electronic form at http://reginfo.gov, along with flexible 
search tools.
    The Government Publishing Office's GPO FDsys website contains 
copies of the Agendas and Regulatory Plans that have been printed in 
the Federal Register. These documents are available at http://www.fdsys.gov.

    Dated: December 3, 2020.
Boris Arratia,
Director.
[FR Doc. 2021-04348 Filed 3-30-21; 8:45 am]
BILLING CODE 6820-27-P