Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2021, 5002-5187 [2022-00702]

Agencies

• Regulatory Information Service Center

[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Unknown Section]
[Pages 5002-5187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00702]



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Vol. 87

Monday,

No. 20

January 31, 2022

Part II





Regulatory Information Service Center





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Introduction to the Unified Agenda of Federal Regulatory and 
Deregulatory Actions--Fall 2021

Federal Register / Vol. 87 , No. 20 / Monday, January 31, 2022 / 
Regulatory Plan

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REGULATORY INFORMATION SERVICE CENTER


Introduction to the Unified Agenda of Federal Regulatory and 
Deregulatory Actions--Fall 2021

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 Fall 2021 Unified Agenda of Federal 
Regulatory and Deregulatory Actions represents a key component of the 
regulatory planning mechanism prescribed in Executive Order (``E.O.'') 
12866, ``Regulatory Planning and Review,'' (58 FR 51735) and reaffirmed 
in E.O. 13563, ``Improving Regulation and Regulatory Review,'' (76 FR 
3821). 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).
    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 
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 2021 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 2021 Unified Agenda contains the Regulatory Plans 
of 27 Federal agencies and 67 Federal agency regulatory agendas.

ADDRESSES: Regulatory Information Service Center (MR), General Services 
Administration, 1800 F Street NW, 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, 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 2021 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 Transportation
Department of the Treasury
Department of Veterans Affairs

Other Executive Agencies

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

Independent Regulatory Agencies

Consumer Product Safety Commission
Federal Trade Commission
National Indian Gaming Commission
Nuclear Regulatory Commission

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
Office of Personnel Management
Small Business Administration

Joint Authority

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

Independent Regulatory Agencies

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 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 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 www.reginfo.gov. The online Unified Agenda offers 
flexible search tools and access to the historic

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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 2021 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 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 www.reginfo.gov.

Cabinet Departments

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

Other Executive Agencies

Agency for International Development
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
Federal Mediation Conciliation Service
Institute of Museum and Library Services
Inter-American Foundation
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 National Drug Control Policy
Office of Personnel Management*
Peace Corps
Pension Benefit Guaranty Corporation*
Railroad Retirement Board*
Social Security Administration*
Tennessee Valley Authority
U.S. Agency for Global Media

Independent Agencies

Commodity Futures Trading Commission
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 Permitting Improvement Steering Council
Federal Trade Commission*
National Credit Union Administration
National Indian Gaming Commission*
National Labor Relations Board
National Transportation Safety Board
Postal Regulatory Commission
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 13563

    Executive Order 13563, ``Improving Regulation and Regulatory 
Review,''

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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 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.

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    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.
    6. 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 www.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 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.

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    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 
2021.
    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, 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.
    Legal Authority--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.
    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, 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

[[Page 5007]]

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 www.reginfo.gov, along with flexible 
search tools.
    The Government Publishing Office's GPO GovInfo website contains 
copies of the Agendas and Regulatory Plans that have been printed in 
the Federal Register. These documents are available at www.govinfo.gov.

    Dated: December 7, 2021.
Boris Arratia,
Director.

Introduction to the Fall 2021 Regulatory Plan

    Executive Order 12866, issued in 1993, requires the annual 
production of a Unified Regulatory Agenda and Regulatory Plan. It does 
so in order to promote transparency--or in the words of the Executive 
Order itself, ``to have an effective regulatory program, to provide for 
coordination of regulations, to maximize consultation and the 
resolution of potential conflicts at an early stage, to involve the 
public and its State, local, and tribal officials in regulatory 
planning, and to ensure that new or revised regulations promote the 
President's priorities and the principles set forth in this Executive 
order.'' The requirements of Executive Order 12866 were reaffirmed in 
Executive Order 13563, issued in 2011.
    We are now providing the first Regulatory Plan of the Biden-Harris 
Administration for public scrutiny and review. The regulatory plans and 
agendas submitted by agencies and included here offer blueprints for 
how the Administration plans to continue delivering on the President's 
agenda as we build back better. This agenda is fully consistent with 
the priorities outlined by the President as reflected in his executive 
orders and our previous regulatory agenda. We are proud to shine a 
light on the regulatory agenda as a way to share with the public how 
the themes of equity, prosperity and public health cut across 
everything we do to improve the lives of the American people.
    These new plans build on significant progress the Administration 
has already made advancing our priorities and proving that our 
Government can deliver results--from confronting the pandemic, to 
creating a stronger and fairer economy, to addressing climate change 
and advancing equity. For example, since releasing the spring 
regulatory agenda, we have proposed or finalized regulatory protections 
to:
     Protect the Public from COVID--The Centers for Disease 
Control and Prevention (CDC) issued orders requiring all people to wear 
face masks while on public transportation and in transportation hubs. 
In addition, CDC issued Global Testing Orders for all international air 
travelers, strengthening protocols to protect travelers and the health 
and safety of American communities.
     Combat Housing Discrimination. Following President Biden's 
Presidential Memorandum directing his Administration to address racial 
discrimination in the housing market, the Department of Housing and 
Urban Development (HUD) published an interim final rule requiring HUD 
funding recipients to affirmatively further fair housing, including by 
completing an assessment of fair housing issues, identifying fair 
housing priorities and goals, and then committing to meaningful actions 
to meet those goals and remedy identified issues.
     Tackle the Climate Crisis. The Environmental Protection 
Agency (EPA) took an important step forward to advance President 
Biden's commitment to action on climate change and protect people's 
health by proposing comprehensive new protections to sharply reduce 
pollution from the oil and natural gas industry--including, for the 
first time, reductions from existing sources nationwide. The proposed 
new Clean Air Act rule would lead to significant, cost-effective 
reductions in methane emissions and other health-harming air pollutants 
that endanger nearby communities.
     Improve Pipeline Safety and Environmental Standards. In a 
major step to enhance and modernize pipeline safety and environmental 
standards, the Department of Transportation issued a final rule that--
for the first time--applies federal pipeline safety regulations to tens 
of thousands of miles of unregulated gas gathering pipelines. This rule 
will improve safety, reduce greenhouse gas emissions, and result in 
more jobs for pipeline workers that are needed to help upgrade the 
safety and operations of these lines.
    In addition to these significant actions, the Administration has 
also made key progress advancing another core objective: Effectively 
implementing the American Rescue Plan (ARP). Since the ARP went into 
effect in March, the Administration has promulgated 17 proposed and 32 
final rules to get much needed relief to the communities across the 
countries efficiently and equitably. For example:
     The Department of Education established requirements to 
ensure that state and local educational agencies consult members of the 
public in determining how to use school emergency relief funds, and 
develop plans for a safe return to in-person instruction.
     The Department of Housing and Urban Development finalized 
a rule so the agency could require that operators of project-based 
rental assistance housing (such as Section 8) notify tenants of the 
availability of emergency rent relief, and give tenants time to secure 
that relief.
     The Small Business Administration finalized a rule to 
deliver much needed support to small business by streamlining 
forgiveness of small loans under the Paycheck Protection Program (a 
program extended by the ARP Act).
    In this agenda, we are adding important new measures under

[[Page 5008]]

consideration to advance additional Administration priorities, 
including:
     Uncovering Hidden Airline Service Fees. The Department of 
Transportation plans to better protect consumers and improve 
competition by ensuring that consumers have ancillary fee information, 
including ``baggage fees,'' ``change fees,'' and ``cancellation fees'' 
at the time of ticket purchase. The Department also plans to examine 
whether fees for certain ancillary services should be disclosed at the 
first point in a search process where a fare is listed.
     Stopping Super-Pollutants. The EPA is considering 
restricting--fully, partially, or on a graduated schedule--the use of 
Hydrofluorocarbons (HFCs) in sectors or subsectors including the 
refrigeration, air conditioning, aerosol, and foam sectors. HFCs are 
potent greenhouse gases found in a range of appliances and substances, 
including refrigerators, air conditioners and foams, and have an impact 
on warming our climate that is hundreds to thousands of times greater 
than the same amount of carbon dioxide.
     Transitioning Toward Zero-Emission Technologies. The EPA 
plans to strengthen greenhouse gas emission standards for light- and 
heavy-duty vehicles, with an eye towards encouraging automakers to 
transition to zero-emission technologies. If implemented, the new 
standards would save consumers money, cut pollution, boost public 
health, advance environmental justice, and tackle the climate crisis.
     Lowering Mental Health and Substance Use Treatment Costs. 
The Department of Labor, Department of Health and Human Services, and 
Department of Treasury are considering changes to clarify health 
insurance plans' and issuers' obligations to cover mental health and 
substance use treatment in light of new legislative enactments and 
experience implementing the MHPAEA law since the last relevant 
rulemaking in 2014.
     Increasing Access for People With Disabilities. As part of 
the Administration's commitment to equity, the Department of Justice is 
exploring a new rule to ensure that individuals with disabilities can 
use sidewalks and other pedestrian facilities.
    Between this regulatory agenda and the next in spring 2022, 
agencies will also be developing plans for implementing the 
Infrastructure Investment and Jobs Act (IIJA), historic legislation to 
rebuild crumbling infrastructure, create good paying jobs, and grow our 
economy. These plans will provide greater detail on how agencies will 
administer new IIJA programs in a manner that delivers meaningful 
results to all Americans, strengthens American manufacturing, and 
advances climate resilience. These plans will provide an opportunity 
for the public to be partners in the implementation of the IIJA--and 
all government programs. Public engagement in IIJA implementation can 
only make it better and more responsive to what our families and 
communities most need.

                                            Department of Agriculture
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
1.............................  Poultry Grower Ranking            0581-AE03  Proposed Rule Stage.
                                 Systems (AMS-FTPP-21-
                                 0044).
2.............................  Clarification of Scope of         0581-AE04  Proposed Rule Stage.
                                 the Packers and
                                 Stockyards Act (AMS-FTPP-
                                 21-0046).
3.............................  Unfair Practices in               0581-AE05  Proposed Rule Stage.
                                 Violation of the Packers
                                 and Stockyards Act (AMS-
                                 FTPP-21-0045).
4.............................  Organic Livestock and             0581-AE06  Proposed Rule Stage.
                                 Poultry Standards.
5.............................  Establishing AWA                  0579-AE61  Proposed Rule Stage.
                                 Standards for Birds.
6.............................  Voluntary Labeling of             0583-AD87  Proposed Rule Stage.
                                 Meat Products With
                                 ``Product of USA'' and
                                 Similar Statements.
7.............................  Revision of the Nutrition         0583-AD56  Final Rule Stage.
                                 Facts Panels for Meat
                                 and Poultry Products and
                                 Updating Certain
                                 Reference Amounts
                                 Customarily Consumed.
8.............................  Prior Label Approval              0583-AD78  Final Rule Stage.
                                 System: Expansion of
                                 Generic Label Approval.
----------------------------------------------------------------------------------------------------------------


                                             Department of Commerce
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
9.............................  Request for Comments              0694-AI41  Prerule Stage.
                                 Concerning the
                                 Imposition of Export
                                 Controls on Certain
                                 Brain-Computer Interface
                                 (BCI) Emerging
                                 Technology.
10............................  Foundational                      0694-AH80  Proposed Rule Stage.
                                 Technologies: Proposed
                                 Controls; Request for
                                 Comments.
11............................  Removal of Certain                0694-AH55  Final Rule Stage.
                                 General Approved
                                 Exclusions (GAEs) Under
                                 the Section 232 Steel
                                 and Aluminum Tariff
                                 Exclusions Process.
12............................  Information Security              0694-AH56  Final Rule Stage.
                                 Controls: Cybersecurity
                                 Items.
13............................  Authorization of Certain          0694-AI06  Final Rule Stage.
                                 ``Items'' to Entities on
                                 the Entity List in the
                                 Context of Specific
                                 Standards Activities.
14............................  Commerce Control List:            0694-AI08  Final Rule Stage.
                                 Expansion of Controls on
                                 Certain Biological
                                 Equipment ``Software''.
15............................  Changes To Implement              0651-AD55  Final Rule Stage.
                                 Provisions of the
                                 Trademark Modernization
                                 Act of 2020.
----------------------------------------------------------------------------------------------------------------


                                              Department of Defense
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
16............................  Department of Defense             0790-AK86  Proposed Rule Stage.
                                 (DoD)-Defense Industrial
                                 Base (DIB) Cybersecurity
                                 (CS) Activities.
17............................  Nondiscrimination on the          0790-AJ04  Final Rule Stage.
                                 Basis of Disability in
                                 Programs or Activities
                                 Assisted or Conducted by
                                 the DoD.

[[Page 5009]]

 
18............................  Federal Voting Assistance         0790-AK90  Final Rule Stage.
                                 Program.
19............................  Small Business Innovation         0750-AK84  Proposed Rule Stage.
                                 Research Program Data
                                 Rights (DFARS Case 2019-
                                 D043).
20............................  Reauthorization and               0750-AK96  Proposed Rule Stage.
                                 Improvement of Mentor-
                                 Protege Program (DFARS
                                 Case 2020-D009).
21............................  Maximizing the Use of             0750-AK85  Final Rule Stage.
                                 American-Made Goods
                                 (DFARS Case 2019-D045).
22............................  Policy and Procedures for         0710-AB22  Proposed Rule Stage.
                                 Processing Requests to
                                 Alter US Army Corps of
                                 Engineers Civil Works
                                 Projects Pursuant to 33
                                 U.S.C. 408.
23............................  Credit Assistance for             0710-AB31  Proposed Rule Stage.
                                 Water Resources
                                 Infrastructure Projects.
24............................  Flood Control Cost-               0710-AB34  Proposed Rule Stage.
                                 Sharing Requirements
                                 Under the Ability to Pay
                                 Provision.
25............................  Revised Definition of             0710-AB40  Proposed Rule Stage.
                                 ``Waters of the United
                                 States''--Rule 1.
26............................  Revised Definition of             0710-AB47  Proposed Rule Stage.
                                 ``Waters of the United
                                 States''--Rule 2 (Reg
                                 Plan Seq No. XX).
27............................  TRICARE Coverage and              0720-AB81  Final Rule Stage.
                                 Payment for Certain
                                 Services in Response to
                                 the COVID-19 Pandemic.
28............................  TRICARE Coverage of               0720-AB82  Final Rule Stage.
                                 Certain Medical Benefits
                                 in Response to the COVID-
                                 19 Pandemic.
29............................  TRICARE Coverage of               0720-AB83  Final Rule Stage.
                                 National Institute of
                                 Allergy and Infectious
                                 Disease Coronavirus
                                 Disease 2019 Clinical
                                 Trials.
30............................  Expanding TRICARE Access          0720-AB85  Final Rule Stage.
                                 to Care in Response to
                                 the COVID-19 Pandemic.
----------------------------------------------------------------------------------------------------------------


                                             Department of Education
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
31............................  Nondiscrimination on the          1870-AA16  Proposed Rule Stage.
                                 Basis of Sex in
                                 Education Programs or
                                 Activities Receiving
                                 Federal Financial
                                 Assistance.
32............................  Family Educational Rights         1875-AA15  Proposed Rule Stage.
                                 and Privacy Act.
33............................  Determining the Amount of         1840-AD55  Prerule Stage.
                                 Federal Education
                                 Assistance Funds
                                 Received by Institutions
                                 of Higher Education (90/
                                 10).
34............................  Borrower Defense.........         1840-AD53  Proposed Rule Stage.
35............................  Pell Grants for Prison            1840-AD54  Proposed Rule Stage.
                                 Education Programs.
36............................  Gainful Employment.......         1840-AD57  Proposed Rule Stage.
37............................  Improving Student Loan            1840-AD59  Proposed Rule Stage.
                                 Cancellation Authorities.
38............................  Income Contingent                 1840-AD69  Proposed Rule Stage.
                                 Repayment.
39............................  Public Service Loan               1840-AD70  Proposed Rule Stage.
                                 Forgiveness.
----------------------------------------------------------------------------------------------------------------


                                              Department of Energy
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
40............................  Energy Conservation               1904-AD34  Proposed Rule Stage.
                                 Standards for Commercial
                                 Water Heating-Equipment.
41............................  Backstop Requirement for          1904-AF09  Proposed Rule Stage.
                                 General Service Lamps.
42............................  Energy Efficiency                 1904-AE44  Final Rule Stage.
                                 Standards for New
                                 Federal Commercial and
                                 Multi-Family High-Rise
                                 Residential Buildings
                                 Baseline Standards
                                 Update.
43............................  Energy Conservation               1904-AF13  Final Rule Stage.
                                 Program for Appliance
                                 Standards: Procedures
                                 for Use in New or
                                 Revised Energy
                                 Conservation Standards
                                 and Test Procedures for
                                 Consumer Products and
                                 Commercial/Industrial
                                 Equipment.
----------------------------------------------------------------------------------------------------------------


                                     Department of Health and Human Services
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
44............................  Amendments to Civil               0936-AA09  Final Rule Stage.
                                 Monetary Penalty Law
                                 Regarding Grants,
                                 Contracts, and
                                 Information Blocking.
45............................  Rulemaking on                     0945-AA15  Proposed Rule Stage.
                                 Discrimination on the
                                 Basis of Disability in
                                 Critical Health and
                                 Human Services Programs
                                 or Activities.
46............................  Confidentiality of                0945-AA16  Proposed Rule Stage.
                                 Substance Use Disorder
                                 Patient Records.
47............................  Nondiscrimination in              0945-AA17  Proposed Rule Stage.
                                 Health Programs and
                                 Activities.
48............................  ONC Health IT                     0955-AA03  Proposed Rule Stage.
                                 Certification Program
                                 Updates, Health
                                 Information Network
                                 Attestation Process for
                                 the Trusted Exchange
                                 Framework and Common
                                 Agreement, and
                                 Enhancements to Support
                                 Information Sharing.
49............................  Treatment of Opioid Use           0930-AA38  Proposed Rule Stage.
                                 Disorder With
                                 Buprenorphine Utilizing
                                 Telehealth.
50............................  Treatment of Opioid use           0930-AA39  Proposed Rule Stage.
                                 Disorder With Extended
                                 Take Home Doses of
                                 Methadone.

[[Page 5010]]

 
51............................  Requirement for Proof of          0920-AA80  Final Rule Stage.
                                 Vaccination or Other
                                 Proof of Immunity
                                 Against Quarantinable
                                 Communicable Diseases.
52............................  Nonprescription Drug              0910-AH62  Proposed Rule Stage.
                                 Product With an
                                 Additional Condition for
                                 Nonprescription Use.
53............................  Nutrient Content Claims,          0910-AI13  Proposed Rule Stage.
                                 Definition of Term:
                                 Healthy.
54............................  Biologics Regulation              0910-AI14  Proposed Rule Stage.
                                 Modernization.
55............................  Medical Devices; Ear,             0910-AI21  Proposed Rule Stage.
                                 Nose and Throat Devices;
                                 Establishing Over-the-
                                 Counter Hearing Aids and
                                 Aligning Other
                                 Regulations.
56............................  Tobacco Product Standard          0910-AI28  Proposed Rule Stage.
                                 for Characterizing
                                 Flavors in Cigars.
57............................  Conduct of Analytical and         0910-AI57  Proposed Rule Stage.
                                 Clinical Pharmacology,
                                 Bioavailability and
                                 Bioequivalence Studies.
58............................  Tobacco Product Standard          0910-AI60  Proposed Rule Stage.
                                 for Menthol in
                                 Cigarettes.
59............................  340B Drug Pricing                 0906-AB28  Proposed Rule Stage.
                                 Program; Administrative
                                 Dispute Resolution.
60............................  Catastrophic Health               0917-AA10  Proposed Rule Stage.
                                 Emergency Fund (CHEF).
61............................  Acquisition Regulations;          0917-AA18  Final Rule Stage.
                                 Buy Indian Act;
                                 Procedures for
                                 Contracting.
62............................  Streamlining the Medicaid         0938-AU00  Proposed Rule Stage.
                                 and Chip Application,
                                 Eligibility
                                 Determination,
                                 Enrollment, and Renewal
                                 Processes (CMS-2421).
63............................  Provider                          0938-AU64  Proposed Rule Stage.
                                 Nondiscrimination
                                 Requirements for Group
                                 Health Plans and Health
                                 Insurance Issuers in the
                                 Group and Individual
                                 Markets (CMS-9910).
64............................  Assuring Access to                0938-AU68  Proposed Rule Stage.
                                 Medicaid Services (CMS-
                                 2442).
65............................  Implementing Certain              0938-AU85  Proposed Rule Stage.
                                 Provisions of the
                                 Consolidated
                                 Appropriations Act and
                                 Other Revisions to
                                 Medicare Enrollment and
                                 Eligibility Rules (CMS-
                                 4199).
66............................  Requirements for Rural            0938-AU92  Proposed Rule Stage.
                                 Emergency Hospitals (CMS-
                                 3419).
67............................  Mental Health Parity and          0938-AU93  Proposed Rule Stage.
                                 Addiction Equity Act and
                                 the Consolidated
                                 Appropriations Act, 2021
                                 (CMS-9902).
68............................  Coverage of Certain               0938-AU94  Proposed Rule Stage.
                                 Preventive Services (CMS-
                                 9903).
69............................  Omnibus COVID-19 Health           0938-AU75  Final Rule Stage.
                                 Care Staff Vaccination
                                 (CMS-3415).
70............................  Native Hawaiian Revolving         0970-AC84  Proposed Rule Stage.
                                 Loan Fund Eligibility
                                 Requirements.
71............................  Paternity Establishment           0970-AC86  Proposed Rule Stage.
                                 Percentage Performance
                                 Relief.
72............................  ANA Non-federal Share             0970-AC88  Proposed Rule Stage.
                                 Emergency Waivers.
73............................  Foster Care Legal                 0970-AC89  Proposed Rule Stage.
                                 Representation.
74............................  Separate Licensing                0970-AC91  Proposed Rule Stage.
                                 Standards for Relative
                                 or Kinship Foster Family
                                 Homes.
75............................  National Institute for            0985-AA16  Proposed Rule Stage
                                 Disability, Independent
                                 Living, and
                                 Rehabilitation Research
                                 Notice of Proposed
                                 Rulemaking.
----------------------------------------------------------------------------------------------------------------


                                         Department of Homeland Security
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
76............................  Procedures for Asylum and         1615-AC42  Proposed Rule Stage.
                                 Withholding of Removal;
                                 Credible Fear and
                                 Reasonable Fear Review.
77............................  Deferred Action for               1615-AC64  Proposed Rule Stage.
                                 Childhood Arrivals.
78............................  Asylum and Withholding            1615-AC65  Proposed Rule Stage.
                                 Definitions.
79............................  Rescission of ``Asylum            1615-AC66  Proposed Rule Stage.
                                 Application, Interview,
                                 & Employment
                                 Authorization'' Rule and
                                 Change to ``Removal of
                                 30 Day Processing
                                 Provision for Asylum
                                 Applicant Related Form I-
                                 765 Employment
                                 Authorization''.
80............................  U.S. Citizenship and              1615-AC68  Proposed Rule Stage.
                                 Immigration Services Fee
                                 Schedule.
81............................  Bars to Asylum                    1615-AC69  Proposed Rule Stage.
                                 Eligibility and
                                 Procedures.
82............................  Inadmissibility on Public         1615-AC74  Proposed Rule Stage.
                                 Charge Grounds.
83............................  Procedures for Credible           1615-AC67  Final Rule Stage.
                                 Fear Screening and
                                 Consideration of Asylum,
                                 Withholding of Removal
                                 and Cat Protection
                                 Claims by Asylum
                                 Officers.
84............................  Electronic Chart and              1625-AC74  Prerule Stage.
                                 Navigation Equipment
                                 Carriage Requirements.
85............................  Shipping Safety Fairways          1625-AC57  Proposed Rule Stage.
                                 Along the Atlantic Coast.
86............................  MARPOL Annex VI;                  1625-AC78  Proposed Rule Stage.
                                 Prevention of Air
                                 Pollution from Ships.
87............................  Advance Passenger                 1651-AB43  Proposed Rule Stage.
                                 Information System:
                                 Electronic Validation of
                                 Travel Documents.
88............................  Automation of CBP Form I-         1651-AB18  Final Rule Stage.
                                 418 for Vessels.
89............................  Vetting of Certain                1652-AA69  Proposed Rule Stage.
                                 Surface Transportation
                                 Employees.
90............................  Indirect Air Carrier              1652-AA72  Proposed Rule Stage.
                                 Security.
91............................  Flight Training Security.         1652-AA35  Final Rule Stage.
92............................  Surface Transportation            1652-AA74  Long-Term Actions.
                                 Cybersecurity Measures.
93............................  Fee Adjustment for U.S.           1653-AA82  Proposed Rule Stage.
                                 Immigration and Customs
                                 Enforcement Form I-246,
                                 Application for a Stay
                                 of Deportation or
                                 Removal.
94............................  RFI National Flood                1660-AB11  Prerule Stage.
                                 Insurance Program's
                                 Floodplain Management
                                 Standards for Land
                                 Management & Use, & an
                                 Assessment of the
                                 Program's Impact on
                                 Threatened and
                                 Endangered Species &
                                 Their Habitats.
95............................  National Flood Insurance          1660-AB06  Proposed Rule Stage.
                                 Program: Standard Flood
                                 Insurance Policy,
                                 Homeowner Flood Form.

[[Page 5011]]

 
96............................  Amendment to the Public           1660-AB10  Final Rule Stage.
                                 Assistance Program's
                                 Simplified Procedures
                                 Large Project Threshold.
97............................  Individual Assistance             1660-AB07  Long-Term Actions.
                                 Program Equity.
98............................  Ammonium Nitrate Security         1670-AA00  Proposed Rule Stage.
                                 Program.
----------------------------------------------------------------------------------------------------------------


                                   Department of Housing and Urban Development
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
99............................  Increased 40-year Term            2502-AJ59  Proposed Rule Stage.
                                 for Loan Modifications
                                 (FR-6263).
100...........................  Affirmatively Furthering          2529-AB05  Proposed Rule Stage.
                                 Fair Housing (FR-6250).
----------------------------------------------------------------------------------------------------------------


                                              Department of Justice
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
101...........................  Nondiscrimination on the          1190-AA76  Prerule Stage.
                                 Basis of Disability by
                                 State and Local
                                 Governments and Places
                                 of Public Accommodation;
                                 Equipment and Furniture.
102...........................  Implementation of the ADA         1190-AA73  Proposed Rule Stage.
                                 Amendments Act of 2008:
                                 Federally Conducted
                                 (Section 504 of the
                                 Rehabilitation Act of
                                 1973).
103...........................  Nondiscrimination on the          1190-AA77  Proposed Rule Stage.
                                 Basis of Disability by
                                 State and Local
                                 Governments; Public
                                 Right-of-Way.
104...........................  Definition of ``Frame or          1140-AA54  Final Rule Stage.
                                 Receiver'' and
                                 Identification of
                                 Firearms.
105...........................  Factoring Criteria for            1140-AA55  Final Rule Stage.
                                 Firearms With an
                                 Attached Stabilizing
                                 Brace.
106...........................  Bars to Asylum                    1125-AB12  Proposed Rule Stage.
                                 Eligibility and
                                 Procedures.
107...........................  Asylum and Withholding            1125-AB13  Proposed Rule Stage.
                                 Definitions.
108...........................  Procedures for Asylum and         1125-AB15  Proposed Rule Stage.
                                 Withholding of Removal.
109...........................  Appellate Procedures and          1125-AB18  Proposed Rule Stage.
                                 Decisional Finality in
                                 Immigration Proceedings;
                                 Administrative Closure.
110...........................  Professional Conduct for          1125-AA83  Final Rule Stage.
                                 Practitioners--Rules and
                                 Procedures, and
                                 Representation and
                                 Appearances.
111...........................  Procedures for Credible           1125-AB20  Final Rule Stage.
                                 Fear Screening and
                                 Consideration of Asylum,
                                 Withholding of Removal
                                 and CAT Protection
                                 Claims by Asylum
                                 Officers.
----------------------------------------------------------------------------------------------------------------


                                               Department of Labor
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
112...........................  Proposal to Rescind               1250-AA09  Proposed Rule Stage.
                                 Implementing Legal
                                 Requirements Regarding
                                 the Equal Opportunity
                                 Clause's Religious
                                 Exemption.
113...........................  Modification of                   1250-AA14  Proposed Rule Stage.
                                 Procedures to Resolve
                                 Potential Employment
                                 Discrimination.
114...........................  Defining and Delimiting           1235-AA39  Proposed Rule Stage.
                                 the Exemptions for
                                 Executive,
                                 Administrative,
                                 Professional, Outside
                                 Sales and Computer
                                 Employees.
115...........................  Modernizing the Davis-            1235-AA40  Proposed Rule Stage.
                                 Bacon and Related Acts
                                 Regulations.
116...........................  Tip Regulations Under the         1235-AA21  Final Rule Stage.
                                 Fair Labor Standards Act
                                 (FLSA).
117...........................  E.O. 14026, Increasing            1235-AA41  Final Rule Stage.
                                 the Minimum Wage for
                                 Federal Contractors.
118...........................  Wagner-Peyser Act                 1205-AC02  Proposed Rule Stage.
                                 Staffing.
119...........................  Apprenticeship Programs,          1205-AC06  Proposed Rule Stage.
                                 Labor Standards for
                                 Registration, Amendment
                                 of Regulations.
120...........................  Prudence and Loyalty in           1210-AC03  Proposed Rule Stage.
                                 Selecting Plan
                                 Investments and
                                 Exercising Shareholder
                                 Rights.
121...........................  Mental Health Parity and          1210-AC11  Proposed Rule Stage.
                                 Addiction Equity Act and
                                 the Consolidated
                                 Appropriations Act, 2021.
122...........................  Requirements Related to           1210-AB99  Final Rule Stage.
                                 Surprise Billing, Part 1.
123...........................  Requirements Related to           1210-AC00  Final Rule Stage.
                                 Surprise Billing, Part 2.
124...........................  Respirable Crystalline            1219-AB36  Proposed Rule Stage.
                                 Silica.
125...........................  Safety Program for                1219-AB91  Proposed Rule Stage.
                                 Surface Mobile Equipment.
126...........................  Prevention of Workplace           1218-AD08  Prerule Stage.
                                 Violence in Health Care
                                 and Social Assistance.
127...........................  Heat Illness Prevention           1218-AD39  Prerule Stage.
                                 in Outdoor and Indoor
                                 Work Settings.
128...........................  Infectious Diseases......         1218-AC46  Proposed Rule Stage.
----------------------------------------------------------------------------------------------------------------


[[Page 5012]]


                                          Department of Transportation
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
129...........................  Processing Buy America            2105-AE79  Proposed Rule Stage.
                                 and Buy American Waivers
                                 Based on Nonavailability.
130...........................  Accessible Lavatories on          2105-AE89  Proposed Rule Stage.
                                 Single-Aisle Aircraft:
                                 Part II.
131...........................  Enhancing Transparency of         2105-AF10  Proposed Rule Stage.
                                 Airline Ancillary
                                 Service Fees.
132...........................  Registration and Marking          2120-AK82  Final Rule Stage.
                                 Requirements for Small
                                 Unmanned Aircraft.
133...........................  Greenhouse Gas Emissions          2125-AF99  Proposed Rule Stage.
                                 Measure.
134...........................  Manual on Uniform Traffic         2125-AF85  Final Rule Stage.
                                 Control Devices for
                                 Streets and Highways.
135...........................  Heavy Vehicle Automatic           2127-AM36  Proposed Rule Stage.
                                 Emergency Braking.
136...........................  Light Vehicle Automatic           2127-AM37  Proposed Rule Stage.
                                 Emergency Braking (AEB)
                                 with Pedestrian AEB.
137...........................  Corporate Average Fuel            2127-AM33  Final Rule Stage.
                                 Economy (CAFE)
                                 Preemption.
138...........................  Passenger Car and Light           2127-AM34  Final Rule Stage.
                                 Truck Corporate Average
                                 Fuel Economy Standards.
139...........................  Train Crew Staffing......         2130-AC88  Proposed Rule Stage.
140...........................  Pipeline Safety: Class            2137-AF29  Long-Term Actions.
                                 Location Requirements.
----------------------------------------------------------------------------------------------------------------


                                         Department of Veterans Affairs
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
141...........................  Modifying Copayments for          2900-AQ30  Proposed Rule Stage.
                                 Veterans at High Risk
                                 for Suicide.
142...........................  VA Pilot Program on               2900-AR01  Proposed Rule Stage.
                                 Graduate Medical
                                 Education and Residency.
143...........................  Staff Sergeant Parker             2900-AR16  Final Rule Stage.
                                 Gordon Fox Suicide
                                 Prevention Grant Program.
----------------------------------------------------------------------------------------------------------------


                                         Environmental Protection Agency
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
144...........................  National Emission                 2060-AU37  Proposed Rule Stage.
                                 Standards for Hazardous
                                 Air Pollutants: Ethylene
                                 Oxide Commercial
                                 Sterilization and
                                 Fumigation Operations.
145...........................  Control of Air Pollution          2060-AU41  Proposed Rule Stage.
                                 From New Motor Vehicles:
                                 Heavy-Duty Engine and
                                 Vehicle Standards.
146...........................  Amendments to the NSPS            2060-AV09  Proposed Rule Stage.
                                 for GHG Emissions From
                                 New, Modified,
                                 Reconstructed Stationary
                                 Sources: EGUs.
147...........................  Emission Guidelines for           2060-AV10  Proposed Rule Stage.
                                 Greenhouse Gas Emissions
                                 from Fossil Fuel-Fired
                                 Existing Electric
                                 Generating Units.
148...........................  Renewable Fuel Standard           2060-AV11  Proposed Rule Stage.
                                 (RFS) Program: RFS
                                 Annual Rules.
149...........................  NESHAP: Coal- and Oil-            2060-AV12  Proposed Rule Stage.
                                 Fired Electric Utility
                                 Steam Generating Units-
                                 Revocation of the 2020
                                 Reconsideration, and
                                 Affirmation of the
                                 Appropriate and
                                 Necessary Supplemental
                                 Finding.
150...........................  Standards of Performance          2060-AV16  Proposed Rule Stage.
                                 for New, Reconstructed,
                                 and Modified Sources and
                                 Emissions Guidelines for
                                 Existing Sources: Oil
                                 and Natural Gas Sector
                                 Climate Review.
151...........................  Review of Final Rule              2060-AV20  Proposed Rule Stage.
                                 Reclassification of
                                 Major Sources as Area
                                 Sources Under Section
                                 112 of the Clean Air Act.
152...........................  Restrictions on Certain           2060-AV46  Proposed Rule Stage.
                                 Uses of
                                 Hydrofluorocarbons Under
                                 Subsection (i) of the
                                 American Innovation and
                                 Manufacturing Act.
153...........................  Review of the National            2060-AV52  Proposed Rule Stage.
                                 Ambient Air Quality
                                 Standards for
                                 Particulate Matter.
154...........................  Pesticides; Modification          2070-AK55  Proposed Rule Stage.
                                 to the Minimum Risk
                                 Pesticide Listing
                                 Program and Other
                                 Exemptions Under FIFRA
                                 Section 25(b).
155...........................  Cyclic Aliphatic Bromide          2070-AK71  Proposed Rule Stage.
                                 Cluster (HBCD);
                                 Rulemaking Under TSCA
                                 Section 6(a).
156...........................  Asbestos (Part 1:                 2070-AK86  Proposed Rule Stage.
                                 Chrysotile Asbestos);
                                 Rulemaking under TSCA
                                 Section 6(a).
157...........................  Designating PFOA and PFOS         2050-AH09  Proposed Rule Stage.
                                 as CERCLA Hazardous
                                 Substances.
158...........................  Hazardous and Solid Waste         2050-AH14  Proposed Rule Stage.
                                 Management System:
                                 Disposal of Coal
                                 Combustion Residuals
                                 From Electric Utilities;
                                 Legacy Surface
                                 Impoundments.
159...........................  Accidental Release                2050-AH22  Proposed Rule Stage.
                                 Prevention Requirements:
                                 Risk Management Program
                                 Under the Clean Air Act;
                                 Retrospection.
160...........................  Federal Baseline Water            2040-AF62  Proposed Rule Stage.
                                 Quality Standards for
                                 Indian Reservations.
161...........................  Clean Water Act Section           2040-AG12  Proposed Rule Stage.
                                 401: Water Quality
                                 Certification.
162...........................  Revised Definition of             2040-AG13  Proposed Rule Stage.
                                 ``Waters of the United
                                 States''--Rule 1.
163...........................  Revised Definition of             2040-AG19  Proposed Rule Stage.
                                 ``Waters of the United
                                 States''--Rule 2.
164...........................  Revised 2023 and Later            2060-AV13  Final Rule Stage.
                                 Model Year Light-Duty
                                 Vehicle Greenhouse Gas
                                 Emissions Standards.
165...........................  Hazardous and Solid Waste         2050-AH07  Final Rule Stage.
                                 Management System:
                                 Disposal of Coal
                                 Combustion Residuals
                                 From Electric Utilities;
                                 Federal CCR Permit
                                 Program.
166...........................  Hazardous and Solid Waste         2050-AH18  Final Rule Stage.
                                 Management System:
                                 Disposal of CCR; A
                                 Holistic Approach to
                                 Closure Part B:
                                 Implementation of
                                 Closure.
167...........................  Cybersecurity in Public           2040-AG20  Final Rule Stage.
                                 Water Systems.
168...........................  National Primary Drinking         2040-AG16  Long-Term Actions.
                                 Water Regulations for
                                 Lead and Copper:
                                 Regulatory Revisions.

[[Page 5013]]

 
169...........................  Per- and polyfluoroalkyl          2040-AG18  Long-Term Actions.
                                 Substances (PFAS):
                                 Perfluorooctanoic Acid
                                 (PFOA) and
                                 Perfluorooctanesulfonic
                                 Acid (PFOS) National
                                 Primary Drinking Water
                                 Regulation Rulemaking.
----------------------------------------------------------------------------------------------------------------


                                      Pension Benefit Guaranty Corporation
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
170...........................  Special Financial                 1212-AB53  Final Rule Stage.
                                 Assistance by PBGC.
----------------------------------------------------------------------------------------------------------------


                                          Small Business Administration
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
171...........................  Service-Disabled Veteran-         3245-AH69  Prerule Stage.
                                 Owned Small Business
                                 Certification.
----------------------------------------------------------------------------------------------------------------


                                         Social Security Administration
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
172...........................  Omitting Food From In-            0960-AI60  Proposed Rule Stage
                                 Kind Support and
                                 Maintenance Calculations.
173...........................  $20 Tolerance Rule to             0960-AI68  Proposed Rule Stage.
                                 Establish That the
                                 Individual Meets the Pro-
                                 Rata Share of Household
                                 Expenses When Living in
                                 the Household of Another.
174...........................  Inquiry About SSI                 0960-AI69  Proposed Rule Stage.
                                 Eligibility at
                                 Application Filing Date
                                 Which Will Remove the
                                 Requirement for a Signed
                                 Written Statement and
                                 Will Expand Protective
                                 Filing.
----------------------------------------------------------------------------------------------------------------


                                          Nuclear Regulatory Commission
----------------------------------------------------------------------------------------------------------------
                                                              Regulation
         Sequence No.                     Title             Identifier No.             Rulemaking stage
----------------------------------------------------------------------------------------------------------------
175...........................  Cyber Security at Fuel            3150-AJ64  Proposed Rule Stage.
                                 Cycle Facilities [NRC-
                                 2015-0179].
176...........................  Alternative Physical              3150-AK19  Proposed Rule Stage.
                                 Security Requirements
                                 for Advanced Reactors
                                 [NRC-2017-0227].
177...........................  Revision of Fee                   3150-AK44  Proposed Rule Stage.
                                 Schedules: Fee Recovery
                                 for FY 2022 [NRC-2020-
                                 0031].
178...........................  Advanced Nuclear Reactor          3150-AK55  Proposed Rule Stage.
                                 Generic Environmental
                                 Impact Statement [NRC-
                                 2020-0101].
179...........................  Emergency Preparedness            3150-AJ68  Final Rule Stage.
                                 Requirements for Small
                                 Modular Reactors and
                                 Other New Technologies
                                 [NRC-2015-0225].
180...........................  NuScale Small Modular             3150-AJ98  Final Rule Stage.
                                 Reactor Design
                                 Certification [NRC-2017-
                                 0029].
181...........................  American Society of               3150-AK22  Final Rule Stage.
                                 Mechanical Engineers
                                 2019-2020 Code Editions
                                 [NRC-2018-0290].
----------------------------------------------------------------------------------------------------------------

BILLING CODE 6820-27-P
    The U.S. Department of Agriculture's (USDA) fall 2021 Regulatory 
Agenda and Plan prioritizes initiatives fostering 21st century 
innovation, job creation, economic and market opportunity in rural 
America, particularly among historically underserved people and 
communities, and a safe end to the pandemic. USDA will continue to 
leverage existing programs in response to unforeseen events and 
national emergencies affecting the American farm economy, schools, 
individual households, and our National Forests. All USDA programs, 
including the priorities contained in this Regulatory Plan, will be 
structured to advance the cause of equity by removing barriers and 
opening new opportunities.
    In 2021, the USDA:
    Agricultural Marketing Service (AMS) implemented a Dairy Donation 
Program to reimburse dairy organization for donated dairy products to 
non-profit organizations for distribution to recipient individuals and 
families. The new program was brought about by the 2020 COVID-19 
pandemic which disrupted dairy supply chains and displaced significant 
volumes of milk normally used in food service channels. This led to 
milk being dumped or fed to animals across the United States. The new 
program is intended to encourage the donation of dairy products and to 
prevent and minimize food waste. Farm Service Agency (FSA) implemented 
a new Heirs' Property Relending Program authorized by changes that the 
Agriculture Improvement Act of 2018 (2018 Farm Bill) made to the 
Consolidated Farm and Rural Development Act. The relending program 
provides revolving loan funds to eligible intermediary lenders to 
resolve ownership and succession on farmland with multiple owners. The 
lenders give loans to qualified individuals to resolve these ownership 
issues. The intermediary lenders consolidate and coordinate the 
ownerships of the land-ownership interests.

[[Page 5014]]

    Outlined below are some of our most important upcoming regulatory 
actions. These include efforts to restore and expand economic 
opportunity amid a safe end to the pandemic; address the climate change 
emergency; and support agricultural markets that are free, open and 
promote competition. This Regulatory Plan also reflects USDA's 
continued commitments to ensuring a safe and nutritious food supply and 
animal welfare protections. As always, our Semiannual Regulatory Agenda 
contains information on a broad-spectrum of USDA's initiatives and 
upcoming regulatory actions.

Restore and Expand Economic Opportunity Amid a Safe End to the Pandemic

Pandemic Assistance Programs

    USDA will provide additional direct financial assistance to 
producers of agricultural commodities who suffered eligible revenue 
losses in calendar year 2020 during the COVID-19 pandemic; this will 
expand on the assistance USDA provided last year. Payments will be made 
using funds under the Coronavirus Aid, Relief, and Economic Security 
Act (CARES Act; Pub. L. 116-136). The rule will also implement the 
expanded Pandemic Cover Crop Program (PCCP) to help agricultural 
producers impacted by the effects of the COVID-19 outbreak. Given cover 
crop cultivation requires sustained, long-term investments to improve 
soil health and gain other agronomic benefits, the economic challenges 
due to the pandemic made maintaining cover cropping systems financially 
challenging for many producers. In addition, the rule will also update 
the regulations for the Emergency Conservation Program (ECP); the 
Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish 
Program (ELAP); and the Livestock Forage Disaster Program (LFP); 
Livestock Indemnity Program (LIP); and payment eligibility provisions. 
For more information about this rule, see RIN 0503-AA75.

Address the Climate Change Emergency

    Special Areas; Roadless Area Conservation; National Forest System 
Lands in Alaska: USDA proposes to repeal a final rule promulgated in 
2020 that exempted the Tongass National Forest from the 2001 Roadless 
Area Conservation Rule (2001 Roadless Rule). The 2001 Roadless Rule 
prohibited timber harvest and road construction or reconstruction 
within designated Inventoried Roadless Areas, with limited exceptions. 
This proposal is consistent with President Biden's Executive Order 
13990, Protecting Public Health and the Environment and Restoring 
Science to Tackle the Climate Crisis, directing action to address 
Federal regulations issued during the previous four years that may 
conflict with protecting the environment and to immediately commence 
work to confront the climate crisis. For more information about this 
rule, see RIN 0596-AD51.

Support Agricultural Markets That Are Free, Open and Promote 
Competition

    On July 9, 2021, President Biden signed Executive Order 14036 to 
address the growing concerns over competition and concentration in the 
U.S. economy, including the agriculture sector. The order includes 72 
initiatives by more than a dozen federal agencies including USDA to 
promptly tackle some of the most pressing competition problems across 
the economy. Specifically, the White House fact sheet looks to 
``empower family farmers and increase their incomes by strengthening 
the Department of Agriculture's tools to stop the abusive practices of 
some meat processors.'' One of USDA's initiatives is this area will be 
to revitalize, through the following rulemakings, the Packers and 
Stockyards Act to fight unfair practices and rebuild a competitive 
marketplace:
    Poultry Grower Ranking Systems: The proposal would address the use 
of poultry grower ranking systems as a method of payment and settlement 
grouping for poultry growers under contract in poultry growing 
arrangements with live poultry dealers. The proposal would establish 
certain requirements with which a live poultry dealer must comply if a 
poultry grower ranking system is utilized to determine grower payment. 
A live poultry dealer's failure to comply would be deemed an unfair, 
unjustly discriminatory, and deceptive practice according to factors 
outlined in the proposed rule. For more information about this rule, 
see RIN 0581-AE03.
    Clarification of Scope of the Packers and Stockyards Act: The 
proposal would revise regulations under the Packers and Stockyards Act 
(Act), providing clarity regarding conduct that may violate the Act. 
The proposal would make clear that it is not necessary to demonstrate 
harm or likely harm to competition to establish a violation of either 
section 202(a) or (b) of the Act. For more information about this rule, 
see RIN 0581-AE04.
    Unfair Practices in Violation of the Packers and Stockyards Act: 
The proposal supplements recent updates to the regulations issued under 
the Act that provided criteria for the Secretary to consider when 
determining whether certain conduct or actions by packers, swine 
contractors, or live poultry dealers is unduly or unreasonably 
preferential or advantageous. The proposal clarifies the conduct USDA 
considers unfair, unjustly discriminatory, or deceptive and a violation 
of the Act, regardless of whether such action harms or is likely to 
harm competition. The proposal also clarifies the criteria and types of 
conduct considered unduly preferential, advantageous, prejudicial, or 
disadvantageous and violations of the Act. For more information about 
this rule, see RIN 0581-AE05.

Ensuring That America's Food Supply Is Safe and Nutritious

    USDA's Food Safety and Inspection Service (FSIS) continues to 
ensure that meat, poultry, and egg products are properly marked, 
labeled, and packaged, and prohibits the distribution in-commerce of 
meat, poultry, and egg products that are adulterated or misbranded. 
Consistent with the President's priorities of advancing the country's 
economic recovery and promoting economic resilience, FSIS is proposing 
several rules to improve regulatory certainty, which assure consumers 
that meat, poultry, and egg products are safe and truthfully labeled 
and fosters fair competition among the regulated industry. In a similar 
vein, AMS has prepared proposed standards for organic livestock and 
poultry production.
    Voluntary Labeling of Meat Products With ``Product of USA'' and 
Similar Statements: In accordance with Executive Order 14036, Promoting 
Competition in the American Economy, FSIS will propose to address 
concerns that the voluntary ``Product of USA'' label claim may confuse 
consumers about the origin of FSIS regulated products. FSIS intends to 
clarify the voluntary claim so that it is more meaningful to consumers 
and ensures a fair and competitive marketplace for American farmers and 
ranchers. For more information about this rule, see RIN 0583-AD87.
    Revision of the Nutrition Facts Panels for Meat and Poultry 
Products and Updating Certain Reference Amounts Customarily Consumed; 
Prior Label Approval System: Expansion of Generic Label Approval: FSIS 
plans to finalize two rules, one to update nutrition labeling for meat 
and poultry products and another to expand the categories of meat and 
poultry product labels deemed generically approved that may be used

[[Page 5015]]

in commerce without prior FSIS review and approval. The rule expanding 
the categories of generically approved labels would reduce labeling 
costs for meat and poultry establishments, including small and very 
small establishments. Both rules will provide additional certainty 
about what is required for meat and poultry labeling while ensuring 
that consumers have access to the information they need about the food 
they buy. For more information about these rules, see RINs 0583-AD56 
and 0583-AD78.
    National Organic Program; Organic Livestock and Poultry Standards: 
The proposal would establish standards that support additional practice 
standards for organic livestock and poultry production. This proposed 
action would add provisions to the USDA organic regulations to address 
and clarify livestock and poultry living conditions (for example, 
outdoor access, housing environment and stocking densities), health 
care practices (for example physical alterations, administering medical 
treatment, euthanasia), and animal handling and transport to and during 
slaughter. For more information about this rule, see RIN 0581-AE06.

Animal Welfare Protections

    Standards for the Humane Handling, Care, Treatment and 
Transportation of Birds Not Bred for Use in Research under the Animal 
Welfare Act: The proposal would establish standards for humane 
handling, care, treatment, and transportation of birds not bred for use 
in research when those birds are engaged in any activity covered under 
the Animal Welfare Act. For more information about this rule, see RIN 
0579-AE61.

USDA--AGRICULTURAL MARKETING SERVICE (AMS)

Proposed Rule Stage

1. Poultry Grower Ranking Systems (AMS-FTPP-21-0044)

    Priority: Other Significant.
    Legal Authority: 7 U.S.C. 181 to 229c
    CFR Citation: 9 CFR 201.
    Legal Deadline: None.
    Abstract: The U.S. Department of Agriculture's Agricultural 
Marketing Service proposes to amend the regulations issued under the 
Packers and Stockyards Act (P&S Act) to address the use of poultry 
grower ranking systems as a method of payment and settlement grouping 
for poultry growers under contract in poultry growing arrangements with 
live poultry dealers. The proposed regulation would establish certain 
requirements with which a live poultry dealer must comply if a poultry 
grower ranking system is utilized to determine grower payment. A live 
poultry dealer's failure to comply would be deemed an unfair, unjustly 
discriminatory, and deceptive practice.
    Statement of Need: Although poultry grower ranking systems may 
promote healthy competition among growers and the use of improved 
technologies, differences in size and imbalances of power between 
parties in contractual poultry growing arrangements can have 
detrimental effects on one of the contracting parties and may result in 
marketplace inefficiencies. An often-cited concern is the live poultry 
dealer's full control over inputs, e.g., chick, feed, medication, etc., 
to the poultry growing process. Industry members have asked the 
Agricultural Marketing Service (AMS) to address such imbalances by 
specifying the conduct that would be considered violative of the 
Packers and Stockyards Act (Act).
    Summary of Legal Basis: The Agricultural Marketing Service (AMS) is 
delegated authority by the Secretary of Agriculture to enforce the P&S 
Act. AMS has received numerous complaints regarding the imbalance of 
power in poultry growing agreements, wherein one side controls all of 
the inputs, then arbitrarily ranks grower performance against other 
growers to determine pay.
    Alternatives: AMS considered finalizing a 2016 proposed rule that 
would have identified criteria for determining whether a live poultry 
dealer's use of a grower ranking system for payment purposes might be 
unlawful under the Packers and Stockyards Act.
    Anticipated Cost and Benefits: USDA estimates the first-year costs 
associated with this proposed rule to be $17.37 million. Subsequent 
year costs are expected to be significantly less than first-year costs, 
resulting in a ten-year total cost of $34.64 million. USDA expects the 
primary benefit of the regulation will be the increased ability to 
protect poultry growers from unfair practices associated with the use 
of poultry grower ranking systems. At the same time, the rule is 
expected to improve efficiencies through the use of new technologies 
and to reduce market failures among poultry growers.
    Risks: Extended litigation over legal challenges from the industry 
could result in the rule being struck down by the courts, hindering the 
agency's ability to enforce the Act for years.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: Michael V. Durando, 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-AE03

USDA--AMS

2. Clarification of Scope of the Packers and Stockyards Act (AMS-FTPP-
21-0046)

    Priority: Other Significant.
    Legal Authority: 7 U.S.C. 181 to 229c
    CFR Citation: 9 CFR 201.
    Legal Deadline: None.
    Abstract: USDA proposes to revise the regulations issued under the 
Packers and Stockyards Act (Act) (7 U.S.C. 181 229c) to provide clarity 
regarding conduct that may violate the Act. This action is intended to 
support market growth, assure fair trade practices and competition, and 
protect livestock and poultry growers and producers. The proposed rule 
addresses long-standing issues related to competitiveness and whether 
all allegations of violations of the Act must be accompanied by a 
showing of harm or likely harm to competition.
    Statement of Need: Revisions to regulations pertaining to the 
Packers and Stockyards Act (Act) that would clarify the scope of the 
Act are needed to establish what conduct or action, depending on their 
nature and the circumstances, violate the Act without a finding of harm 
or likely harm to competition. Such revisions reflect the Department of 
Agriculture's (USDA) longstanding position in this regard and 
complement two concurrent rules related to poultry grower ranking 
systems and conduct that constitutes unfair trade practices under the 
Act.
    Summary of Legal Basis: The Act provides USDA with the authority to 
assure fair competition and trade practices and to safeguard farmers 
against receiving less than the true market value of their livestock. 
Sections 202(c), (d), and (e) of the Act limit the application of those 
sections to acts or practices that have an adverse effect on 
competition, such as acts restraining commerce, creating a monopoly, or

[[Page 5016]]

producing another type of antitrust injury. However, provisions in 
sections 202(a) and (b) restrict practices that are deceptive, unfair, 
unjust, undue, and unreasonable; terms that are understood to encompass 
more than anticompetitive conduct. USDA's position is that Congress did 
not intend application of sections 202(a) and (b) to be limited to 
instances in which there is harm to competition.
    Alternatives: USDA considered doing nothing, not challenging 
standing court decisions. However, courts are not unanimous in their 
findings. Further, several courts disagree with USDA's position. Lack 
of clarity hinders the agency's ability to consistently administer and 
enforce the Act.
    Anticipated Cost and Benefits: USDA estimate annual costs related 
to this rule of $9 million for the first five years, decreasing in 
subsequent years, for total ten-year costs of $66 million. We believe 
the primary benefit of the proposed regulation is the increased ability 
to protect producers and growers through enforcement of the Act for 
violations of section 202(a) and/or (b) that do not result in harm, or 
a likelihood of harm, to competition.
    Risks: Courts have recognized that the proper analysis of alleged 
violations of these two sections depends on the facts of each case. 
However, four courts of appeals have disagreed with USDA's 
interpretation of the Act and have concluded that plaintiffs could not 
prove their claims under those sections without proving harm to 
competition or likely harm to competition. There is a risk if future 
legal challenge of USDA interpretation of sections 202(c), (d), and (e) 
of the Act.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Agency Contact: Michael V. Durando, 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-AE04

USDA--AMS

3. Unfair Practices in Violation of the Packers and Stockyards Act 
(AMS-FTPP-21-0045)

    Priority: Other Significant.
    Legal Authority: 7 U.S.C. 181 to 229c
    CFR Citation: 9 CFR 201.
    Legal Deadline: None.
    Abstract: USDA proposes to supplement a recent revision to 
regulations issued under the Packers and Stockyards Act (Act) (7 U.S.C. 
181 229c) that provided criteria for the Secretary to consider when 
determining whether certain conduct or action by packers, swine 
contractors, or live poultry dealers is unduly or unreasonably 
preferential or advantageous. The proposed supplemental amendments 
would clarify the conduct the Department considers unfair, unjustly 
discriminatory, or deceptive and a violation of sections 202(a) and (b) 
of the Act. USDA would also clarify the criteria and types of conduct 
that would be considered unduly or unreasonably preferential, 
advantageous, prejudicial, or disadvantageous and violations of the 
Act.
    Statement of Need: Revisions to regulations pertaining to the 
Packers and Stockyards Act (Act) would clarify the types of conduct by 
packers, swine contractors, or live poultry dealers that the 
Agricultural Marketing Service (AMS) considers unfair, unjustly 
discriminatory, or deceptive and a violation of section 202(a) of the 
Act, regardless of whether such action harms or is likely to harm 
competition. The proposed rule would also clarify the criteria and/or 
types of conduct that would be considered unduly or unreasonably 
preferential, advantageous, prejudicial, or disadvantageous and a 
violation of section 202(b) of the Act.
    Sections 202(a) and 202(b) of the P&S Act are broadly written to 
prohibit unfair practices and undue preferences and prejudices. 
Industry members have complained that the regulations effectuating the 
Act are too vague and do not provide adequate clarity about the types 
of conduct or action that are likely to violate the Act. This rule is 
needed to provide essential clarity about what would be considered 
violations of the Act, regardless of whether such violations harm or 
are likely to harm competition.
    Summary of Legal Basis: The Packers and Stockyards Act (Act) 
authorizes AMS to determine if conduct within the poultry and livestock 
industries are unfair, unjustly discriminatory, or deceptive and, 
therefore a violation of the Act.
    Alternatives: AMS considered taking no further action, allowing 100 
years of case law to determine precedent in making determinations about 
whether certain behaviors violate the Act. AMS also considered 
revisiting the withdrawn 2016 rulemaking approach that would have 
identified criteria with which to determine whether certain behaviors 
violate the Act.
    Anticipated Cost and Benefits: USDA estimates first-year costs 
associated with this proposed rule to be $27.19 million, with 
significantly decreased costs each year thereafter, resulting in a ten-
year total cost of $54.21 million. AMS expects this proposed rule to 
benefit all segments of the industry, providing greater clarity about 
what would be considered violations of the Act. AMS expects this 
proposed rule, coupled with a concurrent rule on the scope of the Act, 
to strengthen enforcement of the Act, resulting in fairer and more 
competitive markets for producers and poultry growers.
    Risks: Industry is divided about adding lists or examples of 
specific prohibited conduct to the regulations. Some argue such lists 
would inhibit freedom to forge contracts that fit individual 
situations, while others contend greater specificity is required so 
that affected parties can more readily identify violative behavior. 
Industry is also split on the question of whether identified prohibited 
behaviors must be found to harm or likely harm competition to be 
considered violations of the Act. AMS expects to resolve some of the 
controversy by being proactive and transparent with the industry to 
allow for critical discussions and decisions on the rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: Michael V. Durando, 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-AE05

USDA--AMS

4.  Organic Livestock and Poultry Standards

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 7 U.S.C. 6501-7 U.S.C. 6524
    CFR Citation: 7 CFR 205
    Legal Deadline: None.

[[Page 5017]]

    Abstract: This action would establish additional practice standards 
l for organic livestock and poultry production. This action would add 
provisions to the USDA organic regulations to address and clarify that 
livestock and poultry living conditions (for example, outdoor access, 
housing environment, and stocking densities), health care practices 
(for example, physical alterations, administering medical treatment, 
and euthanasia), and animal handling and transport to and during 
slaughter are part of the organic certification.
    Statement of Need: The Organic Livestock and Poultry Standards 
(OLPS) proposed rule is needed to clarify the USDA organic standards 
for livestock and poultry living conditions and health practices. The 
current regulations for livestock production provide general 
requirements but some of these provisions are ambiguous and have led to 
inconsistent divergent practices, particularly in the organic poultry 
sector. This rule responds to nine recommendations from the National 
Organic Standards Board and findings from a USDA Office of Inspector 
General (OIG) report. (See USDA, Office of the Inspector General. March 
2010. Audit Report 01601-03-Hy, Oversight of the National Organic 
Program. Available at: https://www.usda.gov/oig/rptsauditsams.htm.) This 
proposed rule includes provisions to support the expression of natural 
behaviors and the welfare of organic livestock and poultry.
    Summary of Legal Basis: OLPS is authorized by the Organic Foods 
Production Act of 1990 (OFPA), 7 U.S.C. 65016524. OFPA authorizes the 
USDA to establish national standards governing the marketing of certain 
agricultural products as organically produced products to assure 
consumers that organically produced products meet a consistent standard 
and to facilitate interstate commerce in fresh and processed food that 
is organically produced.
    Alternatives: AMS considered several alternatives and presents 
these in the proposed rule. AMS presents two compliance date 
alternatives in the proposed rule that would affect the costs and 
benefits of the rule. Additionally, AMS discusses alternatives to 
specific policies included in the proposed rule, including alternative 
indoor and outdoor space requirements, and non-regulatory alternatives, 
including consumer education or no rule.
    Anticipated Cost and Benefits: AMS estimates an annual cost of 
approximately $4 million annually for layer operations and an 
associated benefit of approximately $14 million annually. Additionally, 
AMS estimates an annual cost to broiler producers of approximately $12 
million annually and an associated benefit of nearly $100 million 
annually. The costs of the rule would primarily affect USDA-certified 
organic operations that produce livestock and poultry. Qualitatively, 
AMS also anticipates the rule will establish a clear standard 
protecting the value of the USDA organic seal to consumers, provide a 
consistent, level playing field for organic livestock producers, and 
facilitate enforcement of organic livestock and poultry standards.
    Risks: A final rule that is very similar to this proposed rule was 
published on January 19, 2017. That rule was subsequently withdrawn and 
never became effective. The USDA continues to face two legal challenges 
related to the withdrawal of the rule. Publishing a new proposed rule 
will indicate that the USDA is taking steps to advance the regulations. 
This could be viewed favorably by some, although others would prefer 
reinstating the January 2017 rule without the associated steps required 
to finalize a new rule.
    The final rule published in January 2017 elicited mixed responses 
and was opposed by a multitude of producer groups, representing both 
organic and non-organic producers. Publication of this proposed rule is 
likely to produce similar responses. Additionally, USDA argued in its 
withdrawal of the rule that USDA had no authority under the Organic 
Foods Production Act to promulgate the rule, so there is legal risk in 
reversing direction and publishing a similar rule.
    Finally, AMS plans to seek comment on providing an extended 
compliance date (15 years) for poultry operations that do not provide 
birds with access to soil or vegetation in outdoor spaces (i.e., porch 
systems). AMS's presentation of this option is likely to invoke strong 
opinions among some stakeholders.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: Erin Healy, Director, Standards Division, National 
Organic Program, Department of Agriculture, Agricultural Marketing 
Service, Washington, DC 20024, Phone: 202 617-4942, Email: 
[email protected].
    Related RIN: Related to 0581-AD44, Related to 0581-AD74, Related to 
0581-AD75.
    RIN: 0581-AE06

USDA--ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)

Proposed Rule Stage

5. Establishing AWA Standards for Birds

    Priority: Other Significant.
    Legal Authority: 7 U.S.C. 2131 to 2159
    CFR Citation: 9 CFR 1 to 3.
    Legal Deadline: NPRM, Judicial, February 2022.
    Mandated by the U.S. District Court for the District of Columbia in 
a May 26, 2020 Stay (Case # 1:18-cv-01138-TNM).
    Abstract: This rulemaking would extend APHIS enforcement of the 
Animal Welfare Act (AWA) to birds, other than birds bred for use in 
research. This would help ensure the humane care and treatment of such 
birds.
    Statement of Need: Although the AWA authorizes the regulation of 
birds not bred for use in research, APHIS has not to this date 
promulgated regulations and standards for the humane care and treatment 
of such birds.
    Summary of Legal Basis: 7 U.S.C. 2131 to 2159; 7 CFR 2.22, 2.80, 
and 371.7.
    Alternatives: N/A.
    Anticipated Cost and Benefits: Undetermined.
    Risks: Failure to issue the rule would not comport with the Court's 
order in the Stay, and could place at risk the humane care and 
treatment of birds, other than birds bred for use in research.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Additional Information: Additional information about APHIS and its 
programs is available on the internet at https://www.aphis.usda.gov.
    Agency Contact: Lance Bassage, DVM, Director, National Policy 
Staff, Animal Care, Department of Agriculture, Animal and Plant Health 
Inspection Service, 4700 River Road, Unit 84, Riverdale, MD 20737, 
Phone: 518 218-7551, Email: [email protected].
    RIN: 0579-AE61


[[Page 5018]]



USDA--FOOD SAFETY AND INSPECTION SERVICE (FSIS)

Proposed Rule Stage

6. Voluntary Labeling of Meat Products With ``Product of USA'' and 
Similar Statements

    Priority: Other Significant.
    Legal Authority: 21 U.S.C. 601, et seq.
    CFR Citation: 9 CFR 317.8.
    Legal Deadline: None.
    Abstract: The Food Safety and Inspection Service (FSIS) is 
proposing to amend its regulations to define the conditions under which 
the labeling of meat product labels can bear voluntary statements 
indicating that the product is of United States (U.S.) origin, such as 
Product of USA, or Made in the USA.
    Statement of Need: In 2018 and 2019, FSIS received two petitions 
requesting that it change its policy regarding the labeling of meat 
products to indicate U.S. origin. After considering the petitions and 
the public comments submitted in response to them, FSIS concluded that 
adherence to the current labeling policy guidance may be causing 
confusion in the marketplace with respect to certain imported meat and 
that the current labeling policy may no longer meet consumer 
expectations of what the Product of USA claim signifies. The Agency 
wants to ensure that any changes to its current policy are accomplished 
by an open and transparent process. Therefore, FSIS decided that, 
instead of changing the Policy Book entry, it would initiate rulemaking 
to define the conditions under which the labeling of meat products 
would be permitted to bear voluntary statements indicating that the 
product is of U.S. origin.
    Summary of Legal Basis: The Federal Meat Inspection Act (21 U.S.C. 
601 et seq.).
    Alternatives: FSIS has considered the current labeling guidance and 
the alternatives proposed in the two petitions: (1) To amend the FSIS 
Policy Book to state that meat products may be labeled as Product of 
USA only if significant ingredients having a bearing on consumer 
preference such as meat, vegetables, fruits, dairy products, etc., are 
of domestic origin and; (2) to amend the FSIS Policy Book to provide 
that any beef product labeled as Made in the USA, Product of the USA, 
USA Beef or in any other manner that suggests that the origin is the 
United States, be derived from cattle that have been born, raised, and 
slaughtered in the United States. FSIS will now be conducting a 
comprehensive review of origin labeling claims for meat and conducting 
a consumer perception survey pursuant to developing the proposed 
regulations.
    Anticipated Cost and Benefits: Establishments may incur costs 
associated with voluntarily changing their labels as a result of any 
revised Product of USA labeling claim definition. This proposed rule is 
expected to benefit consumers by providing them more specific 
information on what Product of USA means for single-ingredient beef and 
pork products.
    Risks: N/A.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: Matthew Michael, Director, Regulations Development 
Staff, Department of Agriculture, Food Safety and Inspection Service, 
Office of Policy and Program Development, 1400 Independence Avenue SW, 
Washington, DC 20250-3700, Phone: 202 720-0345, Fax: 202 690-0486, 
Email: [email protected].
    RIN: 0583-AD87

USDA--FSIS

Final Rule Stage

7. Revision of the Nutrition Facts Panels for Meat and Poultry Products 
and Updating Certain Reference Amounts Customarily Consumed

    Priority: Other Significant.
    Legal Authority: 21 U.S.C. 601 et seq., Federal Meat Inspection 
Act; 21 U.S.C. 451 et seq., Poultry Products Inspection Act
    CFR Citation: 9 CFR 317; 9 CFR 381; 9 CFR 413.
    Legal Deadline: None.
    Abstract: Consistent with the changes that the Food and Drug 
Administration (FDA) finalized, the Food Safety and Inspection Service 
(FSIS) is amending the Federal meat and poultry products inspection 
regulations to update and revise the nutrition labeling requirements 
for meat and poultry products to reflect recent scientific research and 
dietary recommendations and to improve the presentation of nutrition 
information to assist consumers in maintaining healthy dietary 
practices. The final rule will: (1) Update the list of nutrients that 
are required or permitted to be declared; (2) provide updated Daily 
Reference Values (DRV) and Reference Daily Intake (RDI) values that are 
based on current dietary recommendations from consensus reports; and 
(3) amend the requirements for foods represented or purported to be 
specifically for children under the age of four years and pregnant and 
lactating women and establish nutrient reference values specifically 
for these population subgroups. FSIS is also revising the format and 
appearance of the Nutrition Facts Panel; amending the definition of a 
single-serving container; requiring dual-column labeling for certain 
containers; and updating and modifying several reference amounts 
customarily consumed (RACCs or reference amounts). FSIS is also 
consolidating the nutrition labeling regulations for meat and poultry 
products into a new Code of Federal Regulations (CFR) part.
    Statement of Need: On May 27, 2016, the Food and Drug 
Administration (FDA) published two final rules: (1) ``Food Labeling: 
Revision of the Nutrition and Supplement Facts Labels'' (81 FR 33742); 
and (2) ``Food Labeling: Serving Sizes of Foods that Can Reasonably be 
Consumed at One Eating Occasion; Dual-Column Labeling; Updating, 
Modifying, and Establishing Certain Reference Amounts Customarily 
Consumed; Serving Size for Breath Mints; and Technical Amendments'' (81 
FR 34000). FDA finalized these rules to update the Nutrition Facts 
label to reflect new nutrition and public health research, to reflect 
recent dietary recommendations from expert groups, and to improve the 
presentation of nutrition information to help consumers make more 
informed choices and maintain healthy dietary practices. FSIS has 
reviewed FDA's analysis and, to ensure that nutrition information is 
presented consistently across the food supply, FSIS will propose to 
amend the nutrition labeling regulations for meat and poultry products 
to parallel, to the extent possible, FDA's regulations. This approach 
will help increase clarity of information to consumers and will improve 
efficiency in the marketplace.
    Summary of Legal Basis: The Federal Meat Inspection Act (21 U.S.C. 
601 et seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et 
seq.).
    Alternatives: FSIS is considering different alternatives for the 
compliance period of the final rule.
    Anticipated Cost and Benefits: These proposed regulations are 
expected to benefit consumers by increasing and improving dietary 
information available in the market. An estimate of the monetary 
benefits from these market improvements can be obtained by calculating 
the medical cost savings generated by linking information use to 
improved consumer diets. In addition, FSIS believes that the public 
would be

[[Page 5019]]

better served by having the regulations governing nutrition labeling 
consolidated in one part of title 9. Rather than searching through two 
separate parts of title 9, CFR parts 317 and 381, to find the nutrition 
labeling regulations, interested parties would only have to survey one, 
part 413, to be able to apply nutrition panels to their meat and 
poultry products. Firms would incur a one-time cost for relabeling, 
recordkeeping costs, and costs associated with voluntary reformulation. 
Many firms have voluntarily begun using the FDA format, which will 
reduce costs.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/19/17  82 FR 6732
NPRM Comment Period End.............   04/19/17  .......................
Final Action........................   06/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: Matthew Michael, Director, Regulations Development 
Staff, Department of Agriculture, Food Safety and Inspection Service, 
Office of Policy and Program Development, 1400 Independence Avenue SW, 
Washington, DC 20250-3700, Phone: 202 720-0345, Fax: 202 690-0486, 
Email: [email protected].
    RIN: 0583-AD56

USDA--FSIS

8. Prior Label Approval System: Expansion of Generic Label Approval

    Priority: Other Significant.
    Legal Authority: 21 U.S.C. 601 et seq.; 21 U.S.C. 451 et seq.
    CFR Citation: 9 CFR 412.2 (a) (1); 9 CFR 317.7; 9 CFR 381.128; 9 
CFR 412.2 (b).
    Legal Deadline: None.
    Abstract: The Food Safety and Inspection Service (FSIS) is amending 
its labeling regulations to expand the categories of meat and poultry 
product labels that it will deem generically approved and thus not 
required to be submitted to FSIS. These reforms will reduce the 
regulatory burden on producers seeking to bring products to market, as 
well as the Agency costs expended to evaluate the labels.
    Statement of Need: This action is needed to reduce the regulatory 
burden on producers seeking to bring products to market, as well as the 
Agency costs expended to evaluate the labels. Based on FSIS experience 
evaluating the labels in question and the ability of inspection 
personnel to verify labeling in the field, FSIS anticipates this action 
will have no impact on food safety or the accuracy of meat and poultry 
product labeling.
    Summary of Legal Basis: The Acts direct the Secretary of 
Agriculture to maintain meat and poultry inspection programs designed 
to assure consumers that these products are safe, wholesome, not 
adulterated, and properly marked, labeled, and packaged. Section 7(d) 
of the Federal Meat Inspection Act (21 U.S.C. 607(d)) states: No 
article subject to this title shall be sold or offered for sale by any 
person, firm, or corporation, in commerce, under any name or other 
marking or labeling which is false or misleading, or in any container 
of a misleading form or size, but established trade names and other 
marking and labeling and containers which are not false or misleading 
and which are approved by the Secretary are permitted. The Poultry 
Products Inspection Act contains similar language in section 21 U.S.C. 
457(c).
    Alternatives: FSIS considered three alternatives to the proposed 
rule: Taking no action, adopting the current proposal except with 
continued evaluation of labels that would otherwise be generically 
approved, and allowing all labels to be generically approved.
    Anticipated Cost and Benefits: There are no additional costs to 
industry, or the Agency associated with this rule. FSIS will continue 
to verify that product labels, including those that are generically 
approved, are truthful and not misleading and otherwise comply with 
FSIS's requirements.
    This rule is expected to reduce the number of labels industry is 
required to submit to FSIS for evaluation by approximately 35 percent. 
Establishments will realize a cost savings because they will no longer 
need to incur costs for submitting certain types of labels to FSIS for 
evaluation (e.g., preparing a printer's proof). In addition, 
streamlining the evaluation process for specific types of labels would 
allow a faster introduction of products into the marketplace by 
reducing wait times for label approvals.
    FSIS will also benefit from a reduction in the number of labels 
submitted to it for review. FSIS will be able to reallocate staff hours 
from evaluating labels towards the development of labeling policy.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/14/20  85 FR 56538
NPRM Comment Period End.............   11/13/20  .......................
Final Rule..........................   04/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: Matthew Michael, Director, Regulations Development 
Staff, Department of Agriculture, Food Safety and Inspection Service, 
Office of Policy and Program Development, 1400 Independence Avenue SW, 
Washington, DC 20250-3700, Phone: 202 720-0345, Fax: 202 690-0486, 
Email: [email protected].
    RIN: 0583-AD78
BILLING CODE 3410-90-P

DEPARTMENT OF COMMERCE

Statement of Regulatory and Deregulatory Priorities

    Established in 1903, the Department of Commerce (Commerce or 
Department) is one of the oldest Cabinet-level agencies in the Federal 
Government. Commerce's mission is to create the conditions for economic 
growth and opportunity across all American communities by promoting 
innovation, entrepreneurship, competitiveness, and environmental 
stewardship. Commerce has 12 operating units, which manage a diverse 
portfolio of programs and services ranging from trade promotion and 
economic development assistance to improved broadband access and the 
National Weather Service, and from standards development and 
statistical data production, including the decennial census, to patents 
and fisheries management. Across these varied activities, the 
Department seeks to provide a foundation for a more equitable, 
resilient, and globally competitive economy.
    To fulfill its mission, Commerce works in partnership with 
businesses, educational institutions, community organizations, 
government agencies, and individuals to:
     Innovate by creating new ideas through cutting-edge 
science and technology, from advances in nanotechnology to ocean 
exploration to broadband deployment, and by protecting American 
innovations through the patent and trademark system;
     Support entrepreneurship and commercialization by enabling 
community development and

[[Page 5020]]

strengthening minority businesses and small manufacturers;
     Maintain U.S. economic competitiveness in the global 
marketplace by promoting exports and foreign direct investment, 
ensuring a level playing field for U.S. businesses, and ensuring that 
technology transfer is consistent with our nation's economic and 
security interests;
     Provide effective management and stewardship of our 
nation's resources and assets to ensure sustainable economic 
opportunities; and
     Make informed policy decisions and enable better 
understanding of the economy and our communities by providing timely, 
accessible, and accurate economic and demographic data.

Responding to the Administration's Regulatory Philosophy and Principles

    Commerce's Regulatory Plan tracks the most important regulations 
that the Department anticipates issuing to implement these policy and 
program priorities and foster sustainable and equitable growth. Of 
Commerce's 12 primary operating units, three bureaus--the National 
Oceanic and Atmospheric Administration (NOAA), the United States Patent 
and Trademark Office (USPTO), and the Bureau of Industry and Security 
(BIS)--issue the vast majority of the Department's regulations, and 
these three bureaus account for all the planned actions that are 
considered the Department's most important significant pre-regulatory 
or regulatory actions for FY 2022.

National Oceanic and Atmospheric Administration

    NOAA's mission is built on three pillars: Science, service, and 
stewardship--to understand and predict changes in climate, weather, 
oceans, and coasts; to share that knowledge and information with 
others; and to conserve and manage coastal and marine ecosystems and 
resources.
    At its core, NOAA is a scientific agency. It observes, measures, 
monitors, and collects data from the depths of the ocean to the surface 
of the sun, and it does so following principles of scientific 
integrity. These data are turned into weather and climate models and 
forecasts that are then used for everything from local weather 
forecasts to predicting the movement of wildfire smoke to identifying 
the impacts of climate change on fisheries and living marine resources.
    With respect to service, NOAA not only collects data but is 
mandated to make it operational, and NOAA seeks to be the authoritative 
provider of climate products and services. By providing Federal, State, 
and local government partners, the private sector, and the public with 
actionable environmental information, NOAA can facilitate decisions in 
the face of climate change. Such decisions can range from businesses 
planning the location of offices; insurance companies trying to 
incorporate climate risk into their insurance policies; and 
municipalities looking to ensure that plans for construction of new 
housing developments will be resilient to increasing sea level risk, 
flooding, and heavy precipitation.
    The final pillar of NOAA's mission is stewardship. NOAA seeks to 
conserve our lands, waters, and natural resources, protecting people 
and the environment now and for future generations. As part of 
Commerce, moreover, NOAA recognizes that economic growth must go hand-
in-hand with environmental stewardship. For example, with respect to 
the nation's fisheries, NOAA looks simultaneously to optimize 
productivity and ensure sustainability in order to boost long-term 
economic growth and competitiveness in this vital sector of the U.S. 
economy. Similarly, national marine sanctuaries both protect important 
natural resources and also are significant drivers of eco-tourism and 
local recreation.
    Within NOAA, the National Marine Fisheries Services (NMFS) and the 
National Ocean Service (NOS) are the components that most often 
exercise regulatory authority to implement NOAA's mission. NMFS 
oversees the management and conservation of the nation's marine 
fisheries; protects marine mammals and Endangered Species Act (ESA)-
listed marine and anadromous species; and promotes economic development 
of the U.S. fishing industry. NOS assists the coastal states in their 
management of land and ocean resources in their coastal zones, 
including estuarine research reserves; manages national marine 
sanctuaries; monitors marine pollution; and directs the national 
program for deep-seabed minerals and ocean thermal energy.
    Much of NOAA's rulemaking is conducted pursuant to the following 
key statutes:

Magnuson-Stevens Fishery Conservation and Management Act

    Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) rulemakings concern the conservation and management of 
fishery resources in the U.S. Exclusive Economic Zone (generally 3-200 
nautical miles from shore). As itemized in the Unified Agenda, NOAA 
plans to take several hundred actions in FY 2022 under Magnuson-Stevens 
Act authority, of which roughly 20 are expected to be significant 
rulemakings, as defined in Executive Order 12866. With certain 
exceptions, rulemakings under Magnuson-Stevens are usually initiated by 
the actions of eight regional Fishery Management Councils (FMCs or 
Councils). These Councils are comprised of representatives from the 
commercial and recreational fishing sectors, environmental groups, 
academia, and Federal and State government, and they are responsible 
for preparing fishery management plans (FMPs) and FMP amendments, and 
for recommending implementing regulations for each managed fishery. 
FMPs address a variety of issues, including maximizing fishing 
opportunities on healthy stocks, rebuilding overfished stocks, and 
addressing gear conflicts. After considering the FMCs' recommendations 
in light of the standards and requirements set forth in the Magnuson-
Stevens Act and in other applicable laws, NOAA may issue regulations to 
implement the proposed FMPs and FMP amendments.

Marine Mammal Protection Act

    The Marine Mammal Protection Act of 1972 (MMPA) provides the 
authority for the conservation and management of marine mammals under 
U.S. jurisdiction. It expressly prohibits, with certain exceptions, the 
intentional take of marine mammals. The MMPA allows, upon request and 
subsequent authorization, the incidental take of marine mammals by U.S. 
citizens who engage in a specified activity (e.g., oil and gas 
development, pile driving) within a specified geographic region. NMFS 
authorizes incidental take under the MMPA if it finds that the taking 
would be of small numbers, have no more than a ``negligible impact'' on 
those marine mammal species or stock, and would not have an 
``unmitigable adverse impact'' on the availability of the species or 
stock for ``subsistence'' uses. NMFS also initiates rulemakings under 
the MMPA to establish a management regime to reduce marine mammal 
mortalities and injuries as a result of interactions with fisheries. In 
addition, the MMPA allows NMFS to permit the take or import of wild 
animals for scientific research or public display or to enhance the 
survival of a species or stock.

Endangered Species Act

    The Endangered Species Act of 1973 (ESA) provides for the 
conservation of

[[Page 5021]]

species that are determined to be ``endangered'' or ``threatened,'' and 
the conservation of the ecosystems on which these species depend. NMFS 
and the Department of Interior's Fish and Wildlife Service (FWS) 
jointly administer the provisions of the ESA: NMFS manages marine and 
several anadromous species, and FWS manages land and freshwater 
species. Together, NMFS and FWS work to protect critically imperiled 
species from extinction. NMFS rulemaking actions under the ESA are 
focused on determining whether any species under its responsibility is 
an endangered or threatened species and whether those species must be 
added to the list of protected species. NMFS is also responsible for 
designating, reviewing and revising critical habitat for any listed 
species. In addition, as indicated in the list of highlighted actions 
below, NMFS and FWS may also issue rules clarifying how particular 
provisions of the ESA will be implemented.

The National Marine Sanctuaries Act

    The National Marine Sanctuaries Act (NMSA) authorizes the Secretary 
of Commerce to designate and protect as national marine sanctuaries 
areas of the marine environment with special national significance due 
to their conservation, recreational, ecological, historical, 
scientific, cultural, archeological, educational, or aesthetic 
qualities. The primary objective of the NMSA is to protect marine 
resources, such as coral reefs, sunken historical vessels, or unique 
habitats.
    NOAA's Office of National Marine Sanctuaries (ONMS), within NOS, 
has the responsibility for management of national marine sanctuaries. 
ONMS regulations, issued pursuant to NMSA, prohibit specific kinds of 
activities, describe and define the boundaries of the designated 
national marine sanctuaries, and set up a system of permits to allow 
the conduct of certain types of activities that would otherwise not be 
allowed.
    These regulations can, among other things, regulate and restrict 
activities that may injure natural resources, including all extractive 
and destructive activities, consistent with community-specific needs 
and NMSA's purpose to ``facilitate to the extent compatible with the 
primary objective of resource protection, all public and private uses 
of the resources of these marine areas.'' In FY 2022, NOAA is expected 
to have at least three regulatory actions under NMSA.

Coastal Zone Management Act

    The Coastal Zone Management Act (CZMA) was passed in 1972 to 
preserve, protect, and develop and, where possible, to restore and 
enhance the resources of the nation's coastal zone. The CZMA creates a 
voluntary state-federal partnership, where coastal states (States in, 
or bordering on, the Atlantic, Pacific or Arctic Ocean, the Gulf of 
Mexico, Long Island Sound, or one or more of the Great Lakes), may 
elect to develop comprehensive programs that meet federal approval 
standards. Currently, 34 of the 35 eligible entities are implementing a 
federally approved coastal management plan approved by the Secretary of 
Commerce.

NOAA's Regulatory Plan Actions

    Of the numerous regulatory actions that NOAA is planning for this 
year and that are included in the Unified Agenda, there are five, 
described below, that the Department considers to be of particular 
importance.
    1. Illegal, Unreported, and Unregulated Fishing; Fisheries 
Enforcement; High Seas Driftnet Fishing Moratorium Protection Act 
(0648-BG11): The United States is a signatory to the Port State 
Measures Agreement (PSMA). The agreement is aimed at combating illegal, 
unreported, and unregulated (IUU) fishing activities through increased 
port inspection of foreign fishing vessels and by preventing the 
products of illegal fishing from landing and entering into commerce. 
The High Seas Driftnet Fishing Moratorium Act (Fishing Moratorium Act) 
implemented provisions of the PSMA, and NOAA issued regulations under 
the Fishing Moratorium Act in 2011 and 2013. Since then, the provisions 
of the Fishing Moratorium Act have been amended by the Illegal, 
Unreported and Unregulated Fishing Enforcement Act of 2015 (Pub. L. 
114-81) and the Ensuring Access to Pacific Fisheries Act (Pub. L. 114-
327). This proposed rule would implement amendments made by these later 
two laws. NMFS will also propose changes to the definition of IUU 
fishing for the purposes of identifying and certifying nations.
    2. Amendments to the North Atlantic Right Whale Vessel Strike 
Reduction Rule (0648-BI88): Regulatory modifications are needed to 
further reduce the likelihood of mortalities and serious injuries to 
endangered North Atlantic right whales from vessel collisions, which 
are a primary cause of the species' decline and greatly contributing to 
the ongoing Unusual Mortality Event (2017-present). Following two 
decades of growth, the species has been in decline over the past decade 
with a population estimate of only 368 individuals as of 2019. Vessel 
strikes are one of the two primary causes of North Atlantic right whale 
mortality and serious injury across their range, and human-caused 
mortality to adult females in particular is limiting recovery of the 
species. Entanglement in fishing gear is the other primary cause of 
mortality and serious injury, which is being addressed by separate 
regulatory actions.
    3. Endangered and Threatened Wildlife and Plants; Revision of the 
Regulations for Listing Endangered and Threatened Species and 
Designation of Critical Habitat (0648-BJ44): This action responds to 
section 2 of the Executive Order on Protecting Public Health and the 
Environment and Restoring Science to Tackle the Climate Crisis (E.O. 
13990) and the associated Fact Sheet (List of Agency Actions for 
Review). This is a joint rulemaking by NMFS and the FWS (the Services) 
to rescind the regulatory definition of the term ``habitat.'' This 
previously undefined term was defined by regulation for the first time 
in 2020 for the purpose of designating critical habitat under the ESA. 
Pursuant to Executive Order 13990, the Services also considered the 
alternatives of retaining the existing habitat definition or revising 
the habitat definition and will be considering any alternatives 
provided during the public comment period on the proposed rule.
    4. Endangered and Threatened Wildlife and Plants; Regulations for 
Listing Species and Designating Critical Habitat (0648-BK47): This 
action responds to section 2 of the Executive Order on Protecting 
Public Health and the Environment and Restoring Science to Tackle the 
Climate Crisis (E.O. 13990) and the associated Fact Sheet (List of 
Agency Actions for Review). This is a joint rulemaking by the Services 
to revise joint regulations issued in 2019 implementing section 4 of 
the ESA. Specifically addressed in this action are joint regulations 
that address the classification of species as threatened or endangered 
and the criteria and process for designating critical habitat for 
listed species. Pursuant to Executive Order 13990, the Services 
reviewed the specific regulatory provisions that had been revised in 
the 2019 final rule. Following a review of the 2019 rule, the Services 
are proposing to revise a portion of these regulations but are also 
soliciting public comments on all aspects of the 2019 rule before 
issuing a final rule.
    5. Endangered and Threatened Wildlife and Plants; Revision of

[[Page 5022]]

Regulations for Interagency Cooperation (0648-BK48): This action 
responds to section 2 of the Executive Order on Protecting Public 
Health and the Environment and Restoring Science to Tackle the Climate 
Crisis (E.O. 13990) and the associated Fact Sheet (List of Agency 
Actions for Review). This is a joint rulemaking by the Services to 
revise joint regulations implementing section 7 of the ESA, which 
requires Federal agencies to consult with the Services whenever any 
action the agency undertakes, funds, or authorizes may affect 
endangered or threatened species or their critical habitat, to ensure 
that the action does not jeopardize listed species or adversely modify 
critical habitat. In 2019, the Services revised various aspects of the 
regulations governing the consultation process under ESA Section 7 
including, significantly, how the Services define the ``effects of the 
action,'' which has importance for determining the scope of 
consultation. Pursuant to Executive Order 13990, the Services reviewed 
the specific regulatory provisions that had been revised in the 2019 
final rule. Following this review of the 2019 rule, the Services are 
proposing to revise a portion of these regulations, including ``effects 
of the action,'' but are also soliciting public comments on all aspects 
of the 2019 rule before issuing a final rule. In addition to revising 
provisions from the 2019 rule, the Services are proposing to clarify 
the responsibilities of a Federal agency and the Services regarding the 
requirement to reinitiate consultation.

The United States Patent and Trademark Office

    The USPTO's mission is to foster innovation, competitiveness, and 
economic growth, domestically and abroad, by delivering high quality 
and timely examination of patent and trademark applications, guiding 
domestic and international intellectual property policy, and delivering 
intellectual property information and education worldwide.

Major Programs and Activities

    The USPTO is responsible for granting U.S. patents and registering 
trademarks. This system of secured property rights, which has its 
foundation in Article I, Section 8, Clause 8, of the Constitution 
(providing that Congress shall have the power to ``promote the Progress 
of Science and useful Arts, by securing for limited Times to Authors 
and Inventors the exclusive Right to their respective Writings and 
Discoveries'') has enabled American industry to flourish. New products 
have been invented, new uses for old ones discovered, and employment 
opportunities created for millions of Americans. The continued demand 
for patents and trademarks underscores the importance to the U.S. 
economy of effective mechanisms to protect new ideas and investments in 
innovation, as well as the ingenuity of American inventors and 
entrepreneurs.
    In addition to granting patents and trademarks, the USPTO advises 
the President of the United States, the Secretary of Commerce, and U.S. 
government agencies on intellectual property (IP) policy, protection, 
and enforcement; and promotes strong and effective IP protection around 
the world. The USPTO furthers effective IP protection for U.S. 
innovators and entrepreneurs worldwide by working with other agencies 
to secure strong IP provisions in free trade and other international 
agreements. It also provides training, education, and capacity building 
programs designed to foster respect for IP and encourage the 
development of strong IP enforcement regimes by U.S. trading partners.
    As part of its work, the USPTO administers regulations located at 
title 37 of the Code of Federal Regulations concerning its patent and 
trademark services and the other functions it performs.

The USPTO's Regulatory Plan Actions

    1. Final Rule: Changes to Implement Provisions of the Trademark 
Modernization Act of 2020 (0651-AD55): The USPTO amends the rules of 
practice in trademark cases to implement provisions of the Trademark 
Modernization Act of 2020. This rule establishes ex parte expungement 
and reexamination proceedings for cancellation of a registration when 
the required use in commerce of the registered mark has not been made; 
provides for a new nonuse ground for cancellation before the Trademark 
Trial and Appeal Board; establishes flexible USPTO action response 
periods; and amends the existing letter-of-protest rule to indicate 
that letter-of-protest determinations are final and non-reviewable. The 
rule also sets fees for petitions requesting institution of ex parte 
expungement and reexamination proceedings, and for requests to extend 
USPTO action response deadlines.
    The two new ex parte proceedings created by this rulemaking--one 
for expungement and one for reexamination--are intended to help ensure 
the accuracy of the trademark register by providing a new mechanism for 
removing a registered mark from the trademark register or cancelling 
the registration as to certain goods and/or services, when the 
registrant has not used the mark in commerce. The proposed changes will 
give U.S. businesses new tools to clear away unused registered 
trademarks from the federal trademark register and will give the USPTO 
the ability to move applications through the system more efficiently.

Bureau of Industry and Security

    BIS advances U.S. national security, foreign policy, and economic 
objectives by maintaining and strengthening adaptable, efficient, and 
effective export control and treaty compliance systems as well as by 
administering programs to prioritize certain contracts to promote the 
national defense and to protect and enhance the defense industrial 
base.

Major Programs and Activities

    BIS administers four sets of regulations. The Export Administration 
Regulations (EAR) regulate exports and reexports to protect national 
security, foreign policy, and short supply interests. The EAR includes 
the Commerce Control List (CCL), which describes commodities, software, 
and technology that are subject to licensing requirements for specific 
reasons for control. The EAR also regulates U.S. persons' participation 
in certain boycotts administered by foreign governments. The National 
Security Industrial Base Regulations provide for prioritization of 
certain contracts and allocations of resources to promote the national 
defense, require reporting of foreign government-imposed offsets in 
defense sales, provide for surveys to assess the capabilities of the 
industrial base to support the national defense, and address the effect 
of imports on the defense industrial base. The Chemical Weapons 
Convention Regulations implement declaration, reporting, and on-site 
inspection requirements in the private sector necessary to meet United 
States treaty obligations under the Chemical Weapons Convention treaty. 
The Additional Protocol Regulations implement similar requirements for 
certain civil nuclear and nuclear-related items with respect to an 
agreement between the United States and the International Atomic Energy 
Agency.
    BIS also has an enforcement component with nine offices covering 
the United States, as well as BIS export control officers stationed at 
several U.S. embassies and consulates abroad. BIS works with other U.S. 
Government agencies to promote coordinated U.S. Government efforts in 
export controls and other programs. BIS participates in U.S. Government 
efforts to strengthen

[[Page 5023]]

multilateral export control regimes and promote effective export 
controls through cooperation with other governments.
    In FY 2022, BIS plans to publish a number of proposed and final 
rules amending the EAR. These rules will cover a range of issues, 
including emerging and foundational technology, country specific 
policies, CCL revisions based on decisions by the four multilateral 
export control regimes (Australia Group, Missile Technology Control 
Regime, Nuclear Suppliers Group, and Wassenaar Arrangement), and 
implementation of any interagency agreed transfers from the United 
States Munitions List to the CCL.

BIS's Regulatory Plan Actions

    1. Authorization of Certain ``Items'' to Entities on the Entity 
List in the Context of Specific Standards Activities (0694-AI06): BIS 
is amending the EAR to clarify its applicability to releases of 
technology for standards setting or development to support U.S. 
participation in standards efforts.
    2. Commerce Control List: Implementation of Controls on 
``Software'' Designed for Certain Automated Nucleic Acid Assemblers and 
Synthesizers (0694-AI08): BIS is publishing this final rule to amend 
the CCL by adding a new Export Control Classification Number (ECCN) 
2D352 to control software that is designed for automated nucleic acid 
assemblers and synthesizers controlled under ECCN 2B352.j and capable 
of designing and building functional genetic elements from digital 
sequence data. These amendments to the CCL are based upon a finding, 
consistent with the emerging and foundational technologies interagency 
process set forth in section 1758 of the Export Control Reform Act of 
2018 (ECRA) (50 U.S.C. 4817), that such software is capable of being 
utilized in the production of pathogens and toxins and, consequently, 
the absence of export controls on such software could be exploited for 
biological weapons purposes.
    3. Information Security Controls: Cybersecurity Items (0694-AH56): 
In 2013, the Wassenaar Arrangement (WA), a multilateral export control 
regime in which the United States participates, added cybersecurity 
items to the WA List, including a definition for ``intrusion 
software.'' In 2015, public comments on a BIS proposed implementation 
rule revealed serious issues concerning scope and implementation 
regarding these controls. Based on these comments, as well as 
substantial commentary from Congress, the private sector, academia, 
civil society, and others on the potential unintended consequences of 
the 2013 controls, the U.S. government returned to the WA to 
renegotiate the controls. This interim final rule outlines the progress 
the United States has made in this area, revises implementation, and 
requests from the public information about the impact of these revised 
controls on U.S. industry and the cybersecurity community. These items 
warrant controls because these tools could be used for surveillance, 
espionage, or other actions that disrupt, deny or degrade the network 
or devices on it.
    4. Imposition of Export Controls on Certain Brain-Computer 
Interface (BCI) Emerging Technology (0694-AI41): Section 1758 of ECRA, 
as codified under 50 U.S.C. 4817, authorizes BIS to establish 
appropriate controls on the export, reexport or transfer (in-country) 
of emerging and foundational technologies. Pursuant to ECRA, BIS has 
identified Brain Computer Interface technology as part of a 
representative list of technology categories for which BIS will seek 
public comment to determine whether this is an emerging technology that 
is important to U.S. national security and for which effective controls 
can be implemented. In this Advance Notice of Proposed Rulemaking, BIS 
is seeking comments specifically concerning whether this technology 
could provide the United States, or any of its adversaries, with a 
qualitative military or intelligence advantage. In addition, BIS is 
seeking public comments on how to ensure that the scope of any controls 
that may be imposed on this technology in the future would be effective 
and appropriate with respect to their potential impact on legitimate 
commercial or scientific applications.
    5. Foundational Technologies: Proposed Controls (0694-AH80): BIS is 
considering expanding controls on certain foundational technologies. 
Foundational technologies may be items that are currently subject to 
control for military end use or military end user reasons. 
Additionally, foundational technologies may be additional items, for 
which an export license is generally not required (except for certain 
countries), that also warrant review to determine if they are 
foundational technologies essential to the national security. For 
example, such controls may be reviewed if the items are being utilized 
or are required for innovation in developing conventional weapons or 
enabling foreign intelligence collection activities or weapons of mass 
destruction applications. In an effort to address this concern, this 
proposed rule would amend the CCL by adding controls on certain 
aircraft reciprocating or rotary engines and powdered metals and 
alloys. This rule requests public comments to ensure that the scope of 
these proposed controls will be effective and appropriate, including 
with respect to their potential impact on legitimate commercial or 
scientific applications.
    6. Removal of Certain General Approved Exclusions (GAEs) Under the 
Section 232 Steel and Aluminum Tariff Exclusions Process (0694-AH55): 
On December 14, 2020, BIS published an interim final rule (the December 
14 rule) that revised aspects of the process for requesting exclusions 
from the duties and quantitative limitations on imports of aluminum and 
steel discussed in three previous Commerce interim final rules 
implementing the exclusion process authorized by the President under 
section 232 of the Trade Expansion Act of 1962, as amended (232), as 
well as a May 26, 2020, notice of inquiry. The December 14 rule added 
123 General Approved Exclusions (GAEs) to the regulations. The addition 
of GAEs was an important step in improving the efficiency and 
effectiveness of the 232 exclusions process for certain Harmonized 
Tariff Schedule of the United States (HTSUS) codes for steel and 
aluminum that had not received objections. Commerce determined it could 
authorize imports under GAEs for these specified HTSUS codes for all 
importers instead of requiring each importer to submit an exclusion 
request. Subsequently, based on Commerce's review of the public 
comments received in response to the December 14 rule and additional 
analysis conducted by Commerce of 232 exclusion request submissions, 
Commerce determined that a subset of the GAEs added in the December 14 
rule did not meet the criteria for inclusion as a GAE and should 
therefore be removed. Commerce is removing these GAEs in this interim 
final rule to ensure that only those GAEs that meet the stated criteria 
from the December 14 rule will continue to be included as eligible 
GAEs. Lastly, this interim final rule makes two conforming changes to 
the GAE list for a recent change to one HTSUS classification and adds a 
footnote to both GAE supplements to address future changes to the 
HTSUS.


[[Page 5024]]



DOC--BUREAU OF INDUSTRY AND SECURITY (BIS)

Prerule Stage

9. Request for Comments Concerning the Imposition of Export Controls on 
Certain Brain-Computer Interface (BCI) Emerging Technology

    Priority: Other Significant.
    Legal Authority: 50 U.S.C. 4817(a)(2)(C)
    CFR Citation: None.
    Legal Deadline: None.
    Abstract: Section 1758 of the Export Control Reform Act of 2018 
(ECRA), as codified under 50 U.S.C. 4817, authorizes BIS to establish 
appropriate controls on the export, reexport or transfer (in-country) 
of emerging and foundational technologies. Pursuant to ECRA, BIS has 
identified Brain Computer Interface (BCI) technology as part of a 
representative list of technology categories concerning which BIS, 
through an interagency process, seeks public comment to determine 
whether this technology represents an emerging technology that is 
important to U.S. national security and for which effective controls 
can be implemented. Specifically, BIS is seeking comments concerning 
whether this technology could provide the United States, or any of its 
adversaries, with a qualitative military or intelligence advantage. In 
addition, BIS is seeking public comments on how to ensure that the 
scope of any controls that may be imposed on this technology in the 
future would be effective and appropriate (with respect to their 
potential impact on legitimate commercial or scientific applications).
    Statement of Need: The Bureau of Industry and Security (BIS) is 
publishing this ANPRM to obtain public comments on the potential uses 
of Brain-Computer Interface (BCI) technology, which includes, inter 
alia, neural-controlled interfaces, mind-machine interfaces, direct 
neural interfaces, and brain-machine interfaces. On November 19, 2018, 
BIS published an ANPRM (83 FR 58201) that identified BCI technology as 
part of a representative list of technology categories concerning which 
BIS, through an interagency process, sought public comments to 
determine whether there are specific emerging technologies that are 
essential to U.S. national security and for which effective controls 
can be implemented.
    Additional input from the public is needed to assist in the 
interagency process of evaluating BCI technology as a potential 
emerging technology and to determine if there are specific BCI 
technologies for which export controls would be appropriate. The 
public's responses to the questions posed in this ANPRM will be 
considered during the aforementioned interagency process to evaluate 
BCI technology as a potential emerging technology and to ensure that 
the scope of any controls that may be imposed on this technology would 
be effective (in terms of protecting U.S. national security interests) 
and appropriate (with respect to minimizing their potential impact on 
legitimate commercial or scientific applications).
    Summary of Legal Basis: Section 1758(a) of the Export Control 
Reform Act (ECRA) of 2018 (50 U.S.C. 4817(a)) outlines an interagency 
process for identifying emerging and foundational technologies. BCI 
technology has been identified as a technology for evaluation as a 
potential emerging technology, consistent with the interagency process 
described in section 1758 of ECRA. Consequently, BIS is publishing this 
ANPRM to obtain feedback from the public and U.S. industry concerning 
whether such technology could provide the United States, or any of its 
adversaries, with a qualitative military or intelligence advantage.
    Alternatives: The Secretary of Commerce must establish appropriate 
controls on the export, reexport or transfer (in-country) of technology 
identified pursuant to the section 1758 process. In so doing, the 
Secretary must consider the potential end-uses and end-users of 
emerging and foundational technologies, and the countries to which 
exports from the United States are restricted (e.g., embargoed 
countries). While the Secretary has discretion to set the level of 
export controls, at a minimum a license must be required for the export 
of such technologies to countries subject to a U.S. embargo, including 
those countries subject to an arms embargo.
    If the interagency process results in a determination that certain 
BCI technology constitutes an emerging technology, for purposes of 
section 1758 of ECRA, then BIS is required, pursuant to ECRA to 
institute export controls on such technology. However, BIS does have 
some flexibility to ensure that the scope of any controls that may be 
imposed on this technology would be effective (in terms of protecting 
U.S. national security interests) and appropriate (with respect to 
minimizing their potential impact on legitimate commercial or 
scientific applications).
    Anticipated Cost and Benefits: This ANPRM is being published by BIS 
to assist in evaluating, not only whether certain BCI technology is an 
emerging technology, but also to obtain information from the public to 
assist in evaluating how the implementation of export controls on such 
technology would impact U.S. industry, in terms of both its economic 
and technological competitiveness. In short, this ANPRM is intended to 
assist, as part of the aforementioned interagency process, in 
evaluating the anticipated costs and benefits of imposing export 
controls on certain BCI technology.
    Risks: The risks of imposing export controls on certain BCI 
technology would be to hurt the economic and technological 
competitiveness of U.S. industry, which is one of the primary reasons 
that BIS is soliciting comments from the public in accordance with this 
ANPRM. There are also risks to U.S. national security and to U.S. 
industry should such technology fall into the hands of our adversaries.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   10/26/21  86 FR 59070
ANPRM Comment Period End............   12/10/21  .......................
NPRM................................   03/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Agency Contact: Willard Fisher, Export Administration Specialist, 
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-AI41

DOC--BIS

Proposed Rule Stage

10. Foundational Technologies: Proposed Controls; Request for Comments

    Priority: Other Significant.
    Legal Authority: 50 U.S.C. 4801 to 4852
    CFR Citation: 15 CFR 742; 15 CFR 774.
    Legal Deadline: None.
    Abstract: The Bureau of Industry and Security (BIS), the Department 
of Commerce, maintains controls on the export, reexport, and transfer 
(in-country) of dual-use and less sensitive military items through the 
Export Administration Regulations (EAR), including the Commerce Control 
List (CCL). Foundational technologies may be items that are currently 
subject to control for military end use or military

[[Page 5025]]

end user reasons. Additionally, foundational technologies may be 
additional items, for which an export license is not required (except 
for certain countries) that also warrant review to determine if they 
are foundational technologies essential to the national security. For 
example, such controls may be reviewed if the items are being utilized 
or required for innovation in developing conventional weapons or 
enabling foreign intelligence collection activities or weapons of mass 
destruction applications. In an effort to address this concern, this 
rule proposes to amend the CCL with identified foundational 
technologies. This rule requests public comments to ensure that the 
scope of these proposed controls will be effective and appropriate, 
including with respect to their potential impact on legitimate 
commercial or scientific applications.
    Statement of Need: As part of the National Defense Authorization 
Act (NDAA) for Fiscal Year 2019 (Pub. L. 115-232), Congress enacted the 
Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4817). Section 1758 
of ECRA authorizes the Bureau of Industry and Security (BIS) to 
establish appropriate controls on the export, reexport, or transfer 
(in-country) of emerging and foundational technologies. With this 
proposed rule, BIS continues to identify technologies that may warrant 
more restrictive controls than they have at present and establishes a 
control framework applicable to certain unilaterally-controlled 
emerging and foundational technologies.
    Summary of Legal Basis: There are a variety of legal authorities 
under which BIS operates. However, ECRA (50 U.S.C. 4817) provides the 
most substantive legal basis for BIS's actions under this proposed 
rule.
    Alternatives: There are not alternatives to this rule. This rule 
serves as the first tranche of controls specifically outlining 
foundational technologies.
    Anticipated Cost and Benefits: The anticipated costs and benefits 
of this proposed rule are not applicable.
    Risks: There are no applicable risks to this proposed rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   08/27/20  85 FR 52934
ANPRM Correction and Comment           10/09/20  85 FR 64078
 Extension.
ANPRM Comment Period End............   10/26/20  .......................
ANPRM Correction and Comment           11/09/20  .......................
 Extension Period End.
NPRM................................   08/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Agency Contact: Logan D. Norton, Department of Commerce, Bureau of 
Industry and Security, 1401 Constitution Avenue, Washington, DC 20230, 
Phone: 202 812-1762, Email: [email protected].
    RIN: 0694-AH80

DOC--BIS

Final Rule Stage

11. Removal of Certain General Approved Exclusions (GAEs) Under the 
Section 232 Steel and Aluminum Tariff Exclusions Process

    Priority: Other Significant.
    Legal Authority: 19 U.S.C. 1862
    CFR Citation: 15 CFR 705.
    Legal Deadline: None.
    Abstract: On December 14, 2020, the Department of Commerce 
published an interim final rule (December 14 rule) that revised aspects 
of the process for requesting exclusions from the duties and 
quantitative limitations on imports of aluminum and steel. The December 
14 rule added 123 General Approved Exclusions (GAEs) to the 
regulations. The addition of GAEs was an important step in improving 
the efficiency and effectiveness of the 232 exclusions process for 
certain Harmonized Tariff Schedule of the United States (HTSUS) codes 
for steel and aluminum that had not received objections. Subsequently, 
based on Commerce's review of the public comments received in response 
to the December 14 rule and additional analysis conducted by Commerce 
of 232 submissions, Commerce determined that a subset of the GAEs added 
in the December 14 rule did not meet the criteria for inclusion as a 
GAE and should therefore be removed. Commerce is removing these GAEs in 
today's interim final rule to ensure that only those GAEs that meet the 
stated criteria from the December 14 rule will continue to be included 
as eligible GAEs.
    Statement of Need: On December 14, 2020, the Department of Commerce 
published an interim final rule (the December 14 rule) that revised 
aspects of the process for requesting exclusions from the duties and 
quantitative limitations on imports of aluminum and steel discussed in 
three previous Department of Commerce (Commerce) interim final rules 
implementing the exclusion process authorized by the President under 
section 232 of the Trade Expansion Act of 1962, as amended (232), as 
well as a May 26, 2020 notice of inquiry. The December 14 rule included 
adding 123 General Approved Exclusions (GAEs) to the regulations. The 
addition of GAEs was an important step in improving the efficiency and 
effectiveness of the 232 exclusions process. Commerce selected certain 
steel and aluminum articles under select Harmonized Tariff Schedule of 
the United States (HTSUS) codes as GAEs on the basis that exclusion 
requests submitted for the specified HTSUS codes had not received 
objections from domestic industry in the 232 exclusions process.
    Commerce is publishing this interim final rule to remove a subset 
of General Approved Exclusions (GAEs) added in the December 14 rule 
after public comments on the December 14 rule and subsequent Commerce 
analysis of data in the 232 Exclusions Portal identified these HTSUS 
codes as not meeting the criteria for inclusion as a GAE. These cases 
include HTSUS codes with exclusion requests that recently received 
objections and/or denials in the 232 Exclusions Portal. Commerce is 
removing these GAEs in this interim final rule to ensure that only 
those GAEs that meet the stated criteria from the December 14 rule will 
continue to be included as eligible GAEs.
    Summary of Legal Basis: The legal basis of this rule is section 232 
of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862) and 
Reorg. Plan No. 3 of 1979 (44 FR 69273, December 3, 1979). This rule is 
also implementing the directive included in Proclamations 9704 and 9705 
of March 8, 2018. As explained in the reports submitted by the 
Secretary to the President, steel and aluminum are being imported into 
the United States in such quantities or under such circumstances as to 
threaten to impair the national security of the United States, and 
therefore the President is implementing these remedial actions (as 
described Proclamations 9704 and 9705 of March 8, 2018) to protect U.S. 
national security interests. That implementation includes the creation 
of an effective process by which affected domestic parties can obtain 
exclusion requests based upon specific national security

[[Page 5026]]

considerations. Commerce started this process with the publication of 
the March 19 rule and refined the process with the publication of the 
September 11, June 10, and December 14 rules and is continuing the 
process with the publication of today's interim final rule. The 
revisions to the exclusion request process are informed by the comments 
received in response to the December 14 rule and Commerce's experience 
with managing the 232 exclusions process.
    Alternatives: Alternatives to doing this rule would include not 
publishing the rule. The public has the ability to apply for exclusion 
requests, so instead of creating GAEs, the public could be told to rely 
on the existing exclusions process. However, numerous commenters on the 
232 interim final rules that have been published have emphasized the 
need for making improvements in the efficiency, transparency, and 
fairness of the 232 exclusion process and had suggested the creation of 
a GAE type of approval as part of the 232 exclusions process would 
benefit the program. Commenters on the December 14 rule identified 
certain GAE eligible items that they believed did not meet the stated 
criteria for what should be eligible for be authorized under a GAE. 
Commerce after reviewing those comments and conducting its own 
additional analysis agrees that certain items identified under the 
current GAEs no longer reflect the GAE criteria and therefore should be 
removed, so the alternative of not doing a rule or the option of 
removing the GAE approvals completely are not viable options for 
achieving the intended policy objectives that Commerce is trying to 
fulfill with having a more effective exclusion process.
    Anticipated Cost and Benefits: For the anticipated costs, this rule 
is expected to increase the burden hours for one of the collections 
associated with this rule, OMB control number 0694-0139. This increase 
is expected because of the removal of certain GAEs for steel and GAEs 
for aluminum, which is expected to result in an increase of 1,100 
exclusion request submissions per year. These removals are estimated to 
result in a twenty percent reduction in the burden and costs savings 
described in the December 14 rule. These GAE removals are expected to 
be an increase in 1,100 burden hours for a total cost increase of 
162,800 dollars to the public. There is also expected to be an increase 
in 6,600 burden hours for a total cost increase of 257,000 dollars to 
the U.S. Government. As Commerce asserted in the December 14 rule that 
the steel and aluminum articles identified as being eligible for GAEs, 
including those being removed in today's rule, had not received any 
objections, the addition of those new GAEs was not estimated to result 
in a decrease in the number of objections, rebuttals, or surrebuttals 
received by BIS. As described elsewhere in this rule, the GAEs removed 
in today's interim final rule did receive objections and/or denials and 
therefore warrant removal at this time. Because the December 14 rule 
did not make any adjustments to the collections for objections, 
rebuttals, or surrebuttals, the removal of these GAEs is estimated to 
result in no change in the burden associated with the other three 
collections.
    For the anticipated benefits, these changes will ensure the 
effectiveness of the GAEs under the 232 exclusions process. By ensuring 
that only those GAEs that meet the stated criteria for what should be 
considered a GAE, will help improve the effectiveness, fairness and 
transparency of the 232 exclusions process. Importers and other users 
of steel and aluminum in the U.S. and U.S. producers and steel and 
aluminum have comments in response to the various section 232 interim 
final rules published that creating an effective 232 exclusion process 
is key to reduce burdens on the public. The adoption of the GAEs was an 
important step in improving efficiency, but in order ensure U.S. 
national security interests are protected, only items that meet the GAE 
criteria should be eligible and any other item should be required to be 
included in the normal 232 exclusion process.
    Risks: If this interim final rule were to be delayed, companies in 
the United States would be unable to immediately benefit from the 
improvements made to the GAE process and could face significant 
economic hardship, which could potentially create a detrimental effect 
on the general U.S. economy and national security. Comments received on 
the December 14 rule that were critical of the GAEs were clear that the 
removal of GAEs that consisted of HTSUS codes that received objections 
and/or denials under the 232 process was needed. Commenters noted that 
failure to provide this additional improvement could allow the 
floodgates to open for imports of those articles, and that the influx 
of such articles could undermine the efficiency of the 232 process. 
Commenters also noted that if this specific improvement is not made, 
significant economic consequences could occur. Given the imports of 
these articles have already been objected to and/or denied in exclusion 
requests under the 232 process for national security reasons, allowing 
these specific GAEs to exist could undermine other critical U.S. 
national security interests.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   03/19/18  83 FR 12106
Interim Final Rule Effective........   03/19/18  .......................
Interim Final Rule Comment Period      05/18/18  .......................
 End.
Interim Final Rule..................   09/11/18  83 FR 46026
Interim Final Rule Effective........   09/11/18  .......................
Interim Final Rule Comment Period      11/13/18  .......................
 End.
Interim Final Rule..................   06/10/19  84 FR 26751
Interim Final Rule Effective........   06/13/19  .......................
Interim Final Rule Comment Period      08/09/19  .......................
 End.
Interim Final Rule..................   12/14/20  85 FR 81060
Interim Final Rule Effective........   12/14/20  .......................
Interim Final Rule Effective........   12/29/20  .......................
Interim Final Rule..................   11/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Timothy Mooney, Export Policy Analyst, Department 
of Commerce, Bureau of Industry and Security, 14th Street and 
Pennsylvania Avenue NW, Washington, DC 20230, Phone: 202 482-3371, Fax: 
202 482-3355, Email: [email protected].
    RIN: 0694-AH55

DOC--BIS

12. Information Security Controls: Cybersecurity Items

    Priority: Other Significant.
    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. 13026; E.O. 13222; Pub. L. 108-11
    CFR Citation: 15 CFR 740; 15 CFR 742; 15 CFR 772; 15 CFR 774.
    Legal Deadline: None.
    Abstract: In 2013, the Wassenaar Arrangement (WA) added 
cybersecurity items to the WA List, including a definition for 
``intrusion software.'' On May 20, 2015, the Bureau of Industry and 
Security (BIS) published a proposed

[[Page 5027]]

rule describing how these new controls would fit into the Export 
Administration Regulations (EAR) and requested information from the 
public about the impact on U.S. industry. The public comments on the 
proposed rule revealed serious issues concerning scope and 
implementation regarding these controls. Based on these comments, as 
well as substantial commentary from Congress, the private sector, 
academia, civil society, and others on the potential unintended 
consequences of the 2013 controls, the U.S. government returned to the 
WA to renegotiate the controls. This interim final rule outlines the 
progress the United States has made in this area, revised Commerce 
Control List (CCL) implementation, and requests from the public 
information about the impact of these revised controls on U.S. industry 
and the cybersecurity community.
    Statement of Need: In 2013, the Wassenaar Arrangement (WA) added 
cybersecurity items to the WA List, including a definition for 
intrusion software. On May 20, 2015, the Bureau of Industry and 
Security (BIS) published a proposed rule describing how these new 
controls would fit into the Export Administration Regulations (EAR) and 
requested information from the public about the impact on U.S. 
industry. The public comments on the proposed rule revealed serious 
issues concerning scope and implementation regarding these controls. 
Based on these comments, as well as substantial commentary from 
Congress, the private sector, academia, civil society, and others on 
the potential unintended consequences of the 2013 controls, the U.S. 
government returned to the WA to renegotiate the controls. This interim 
final rule outlines the progress the United States has made in this 
area, implements revised Commerce Control List (CCL) text, establishes 
a new License Exception Authorized Cybersecurity Exports (ACE) and 
requests from the public information about the impact of these revised 
controls on U.S. industry and the cybersecurity community.
    Summary of Legal Basis: On August 13, 2018, the President signed 
into law the John S. McCain National Defense Authorization Act for 
Fiscal Year 2019, which included the Export Control Reform Act of 2018 
(ECRA), 50 U.S.C. 4801-4852. ECRA provides the legal basis for BIS's 
principal authorities and serves as the authority under which BIS 
issues this rule.
    Alternatives: As noted above, BIS does not believe that the 
amendments in this rule, will have a significant economic impact on a 
substantial number of small entities. Nevertheless, consistent with 5 
U.S.C. 603(c), BIS considered significant alternatives to these 
amendments to assess whether the alternatives would: (1) Accomplish the 
stated objectives of this rule (consistent with the requirements in 
ECRA); and (2) minimize any significant economic impact of this rule on 
small entities. BIS could have implemented a much broader control on 
software capable of cybersecurity controlled under ECCNs 4A005, 4D004, 
4E001, 4E001, and 5A001 that would have captured a greater amount of 
such software and related technology. That in turn would have had a 
greater impact not only on small businesses, but also on research and 
development laboratories (both academic and corporate), which are 
involved in network security. BIS has determined that implementing 
focused controls on specific software and related technology (i.e., the 
software controlled under new ECCN 4A005, 4D004, 4E001.a, 4E001.c, and 
5A001.j and corresponding development technology in ECCN 5E001) is the 
least disruptive alternative for implementing export controls in a 
manner consistent with controlling technology that has been determined, 
through the interagency process authorized under ECRA, to be essential 
to U.S. national security. BIS is not implementing different compliance 
or reporting requirements for small entities. If a small business is 
subject to a compliance requirement for the export, reexport or 
transfer (in-country) of this software and related technology, then it 
would submit a license application using the same process as any other 
business (i.e., electronically via SNAPR). The license application 
process is free of charge to all entities, including small businesses. 
In addition, as noted above, the resources and other compliance tools 
made available by BIS typically serve to lessen the impact of any EAR 
license requirements on small businesses.
    Anticipated Cost and Benefits: For the existing ECCNs included in 
this rule (4D001, 4E001, 5A001, 5A004, 5D001, 5E001), the 2020 data 
from U.S. Customs and Border Protection's Automated Export System (AES) 
shows 980 shipments valued at $39,146,164. Of those shipments, 120 
shipments valued at $1,864,699 went to Country Group D:1 or D:5 
countries, which would make them ineligible for License Exception ACE. 
There were no shipments to Country Group E:1 or E:2. Under the 
provisions of this rule, the 120 shipments require a license 
application submission to BIS.
    As there is no specific ECCN data in AES for the new export 
controls in new ECCNs 4A005 and 4D004 or new paragraph 4E001.c, BIS 
uses other data to estimate the number of shipments of these new ECCNs 
that will require a license. Bureau of Economic Analysis (BEA) data 
from 2019 show a total dollar value of $55,657 million for Telecom, 
Computer, and Information Technology Services exports. Multiplying this 
value by 12.1% (the percentage of all exports that are subject to an 
EAR license requirement as determined by using AES data) suggests that 
$6,734,497,000 of Telecom/Computer/IT exports are now subject to EAR 
license requirements. Based on AES data on the existing ECCNs affected 
by this rule, BIS estimates the average value of each shipment for the 
new ECCNs at about $40,000, and further estimates that 0.6% of all new 
ECCN shipments (1,010 shipments) are now eligible for License Exception 
ACE and 0.03% of all new ECCN shipments (50 shipments) require a 
license application submission. Therefore, the annual total estimated 
cost associated with the paperwork burden imposed by this rule (that 
is, the projected increase of license application submissions based on 
the additional shipments requiring a license) is estimated to be 170 
new applications x 29.6 minutes = 5,032/60 min = 84 hours x $30 = 
$2,520.
    There is no paperwork submission to BIS associated with using 
License Exception ACE, and therefore there is no increase to any 
paperwork burden or information collection cost associated with License 
Exception ACE requirements in this rule.
    Benefit: Cybersecurity items in the wrong hands raise both national 
security and foreign policy concerns. The benefit of publishing these 
revisions and controlling cybersecurity items in the way contemplated 
by this rule is that national security and foreign policy concerns are 
addressed, in that these regulations assist in keeping such items out 
of the hands of those that would use them for nefarious end uses, while 
at the same time not disrupt legitimate cybersecurity exports.
    Risks: The risks of publishing this rule is that it has unexpected 
consequences, which is why there is a 90 day delayed effective date and 
45 day comment period that will allow the public to comment on the 
rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   10/21/21  86 FR 58205
Interim Final Rule Comment Period      12/06/21
 End.
Interim Final Rule Effective........   01/19/22

[[Page 5028]]

 
Next Action Undetermined............   02/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Sharron Cook, Policy Analyst, 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].
    Related RIN: Related to 0694-AG49.
    RIN: 0694-AH56

DOC--BIS

13. Authorization of Certain ``Items'' to Entities on the Entity List 
in the Context of Specific Standards Activities

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: 50 U.S.C. 4801 to 4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; E.O. 12938
    CFR Citation: 15 CFR 734.
    Legal Deadline: None.
    Abstract: The Bureau of Industry and Security (BIS) is amending the 
Export Administration Regulations (EAR) to clarify the applicability of 
the Export Administration Regulations (EAR) to releases of technology 
for standards setting or development in standards organizations.
    Statement of Need: The Bureau of Industry and Security (BIS) is 
amending the Export Administration Regulations (EAR) to clarify the 
applicability of the Export Administration Regulations (EAR) to 
releases of technology for standards setting or development to support 
U.S. participation in standards efforts.
    Summary of Legal Basis: There are a variety of legal authorities 
under which BIS operates. However, ECRA (50 U.S.C. 4817) provides the 
most substantive legal basis for BIS's actions under this rule.
    Alternatives: There are not alternatives to this rule.
    Anticipated Cost and Benefits: The anticipated costs and benefits 
of this proposed rule are not applicable.
    Risks: There are no applicable risks to this rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   06/16/20  85 FR 36719
Interim Final Rule Effective........   06/18/20
Interim Final Rule Comment Period      08/17/20
 End.
Final Action........................   03/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Hillary Hess, Department of Commerce, Bureau of 
Industry and Security, 1401 Constitution Avenue, Washington, DC 20230, 
Phone: 202 482-4819, Email: [email protected].
    RIN: 0694-AI06

DOC--BIS

14. Commerce Control List: Expansion of Controls on Certain Biological 
Equipment ``Software''

    Priority: Other Significant.
    Legal Authority: 50 U.S.C. 4801 to 4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 10 U.S.C. 8720
    CFR Citation: 15 CFR 774.
    Legal Deadline: None.
    Abstract: BIS is publishing this final rule to amend the Commerce 
Control List (CCL) by adding a new Export Control Classification Number 
(ECCN) 2D352 to control ``software'' that is designed for automated 
nucleic acid assemblers and synthesizers controlled under ECCN 2B352 
and is capable of designing and building functional genetic elements 
from digital sequence data. These proposed amendments to the CCL are 
based upon a finding, consistent with the emerging and foundational 
technologies interagency process set forth in section 1758 of ECRA (50 
U.S.C. 4817), that such ``software'' is capable of being utilized in 
the production of pathogens and toxins and, consequently, the absence 
of export controls on such software could be exploited for biological 
weapons purposes. In addition, this rule amends ECCN 2E001 to indicate 
that this ECCN controls ``technology'' for the ``development'' of 
``software'' described in the new ECCN 2D352.
    Statement of Need: The Bureau of Industry and Security (BIS) is 
publishing this final rule to amend the Export Administration 
Regulations (EAR) to implement the decision made at the Australia Group 
(AG) Virtual Implementation Meeting session held in May 2021, and later 
adopted pursuant to the AG's silence procedure. This decision updated 
the AG Common Control List for dual-use biological equipment by adding 
controls on nucleic acid assembler and synthesizer software that is 
capable of designing and building functional genetic elements from 
digital sequence data.
    Prior to the addition of nucleic acid assembler/synthesizer 
software to the AG biological equipment list, BIS identified this 
software as a technology to be evaluated as an emerging technology, 
consistent with the interagency process described in section 1758 of 
the Export Control Reform Act of 2018 (ECRA) (codified at 50 U.S.C. 
4817). This identification was based on a finding that this software is 
capable of being used to operate nucleic acid assemblers and 
synthesizers controlled under ECCN 2B352 for the purpose of generating 
pathogens and toxins without the need to acquire controlled genetic 
elements and organisms. Consequently, the absence of export controls on 
this software could be exploited for biological weapons purposes.
    Summary of Legal Basis: Section 1758(a) of the Export Control 
Reform Act (ECRA) of 2018 (50 U.S.C. 4817(a)) outlines an interagency 
process for identifying emerging and foundational technologies. Nucleic 
acid synthesizer software has been identified as a technology for 
evaluation as a potential emerging technology, consistent with the 
interagency process described in section 1758 of ECRA. Consequently, 
BIS published a proposed rule on November 6, 2020 (85 FR 71012), to 
provide the public with notice and the opportunity to comment on adding 
a new ECCN 2D352 to control software for the operation of nucleic acid 
assemblers and synthesizers described in ECCN 2B352.j that is capable 
of designing and building functional genetic elements from digital 
sequence data. Subsequent to the publication of this proposed rule, the 
Australia Group (AG) added this software to their biological equipment 
Common Control List. This final rule amends the EAR to reflect the 
action taken by the AG.
    Alternatives: The Secretary of Commerce must establish appropriate 
controls on the export, reexport or transfer (in-country) of technology 
identified pursuant to the Section 1758 process. In so doing, the 
Secretary must consider the potential end-uses and end-users of 
emerging and foundational technologies, and the countries to which 
exports from the United States are restricted (e.g., embargoed 
countries). While the Secretary has discretion to set the level of 
export controls, at a minimum a license must be required for the export 
of such technologies to countries subject to a U.S. embargo,

[[Page 5029]]

including those countries subject to an arms embargo.
    If the interagency process results in a determination that a 
certain technology constitutes an emerging technology, for purposes of 
section 1758 of ECRA, then BIS is required, pursuant to ECRA, to 
institute export controls on such technology. However, BIS does have 
some flexibility to ensure that the scope of any controls that may be 
imposed on this technology would be effective (in terms of protecting 
U.S. national security interests) and appropriate (with respect to 
minimizing their potential impact on legitimate commercial or 
scientific applications). In this particular instance, the controls on 
this technology will be multilateral, because they have been adopted by 
the Australia Group (AG) for inclusion in their biological equipment 
Common Control List.
    Anticipated Cost and Benefits: The changes that would be made by 
this rule would only marginally affect the scope of the EAR controls on 
chemical weapons precursors, human and animal pathogens/toxins, and 
equipment capable of use in handling biological materials.
    The number of additional license applications that would have to be 
submitted per year, as a result of the addition of ECCN 2D352 to the 
CCL, as described above, is not expected to exceed fifteen license 
applications. This total represents a relatively insignificant portion 
of the overall trade in such items and is well within the scope of the 
information collection approved by the Office of Management and Budget 
(OMB) under control number 06940088.
    Risks: This software is capable of being used to operate nucleic 
acid assemblers and synthesizers controlled under ECCN 2B352 for the 
purpose of generating pathogens and toxins without the need to acquire 
controlled genetic elements and organisms. Consequently, the absence of 
export controls on this software could be exploited for biological 
weapons purposes.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/06/20  85 FR 71012
NPRM Comment Period End.............   12/21/20
Final Action........................   10/05/21  86 FR 54814
Final Action Effective..............   10/05/21
Next Action Undetermined............   03/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: None.
    Agency Contact: Willard Fisher, Export Administration Specialist, 
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-AI08

DOC--PATENT AND TRADEMARK OFFICE (PTO)

Final Rule Stage

15. Changes To Implement Provisions of the Trademark Modernization Act 
of 2020

    Priority: Other Significant.
    Legal Authority: 15 U.S.C. 1066; 15 U.S.C. 1067; 15 U.S.C. 1113; 15 
U.S.C. 1123; 35 U.S.C. 2; Pub. L. 112-29; Pub. L. 116-260
    CFR Citation: 37 CFR 2; 37 CFR 7.
    Legal Deadline: Final, Statutory, December 27, 2021.
    Abstract: The United States Patent and Trademark Office (USPTO or 
Office) amends the rules of practice in trademark cases to implement 
provisions of the Trademark Modernization Act of 2020. The rule 
establishes ex parte expungement and reexamination proceedings for 
cancellation of a registration when the required use in commerce of the 
registered mark has not been made; provides for a new nonuse ground for 
cancellation before the Trademark Trial and Appeal Board; establishes 
flexible Office action response periods; and amends the existing 
letter-of-protest rule to indicate that letter-of-protest 
determinations are final and non-reviewable. The USPTO also sets fees 
for petitions requesting institution of ex parte expungement and 
reexamination proceedings, and for requests to extend Office action 
response deadlines. Amendments are also for the rules concerning the 
suspension of USPTO proceedings and the rules governing attorney 
recognition in trademark matters. Finally, a new rule is to address 
procedures regarding court orders cancelling or affecting 
registrations.
    Statement of Need: The purpose of this action is to amend the rules 
of practice in trademark cases to implement provisions of the Trademark 
Modernization Act of 2020. In addition, amendments are also proposed 
for the rules concerning suspension of USPTO proceedings and the rules 
governing attorney recognition in trademark matters, and a new rule is 
proposed to address procedures regarding court orders cancelling or 
affecting registrations.
    Summary of Legal Basis: The Trademark Modernization Act of 2020 
(TMA) was enacted on December 27, 2020. See Public Law 116260, Div. Q, 
Tit. II, Subtit. B, 221228 (Dec. 27, 2020). The TMA amends the 
Trademark Act of 1946 (the Act) to establish new ex parte expungement 
and reexamination proceedings to cancel, either in whole or in part, 
registered marks for which the required use in commerce was not made. 
Furthermore, the TMA amends 14 of the Act to allow a party to allege 
that a mark has never been used in commerce as a basis for cancellation 
before the Trademark Trial and Appeal Board (TTAB). The TMA also 
authorizes the USPTO to promulgate regulations to set flexible Office 
action response periods between 60 days and 6 months, with an option 
for applicants to extend the deadline up to a maximum of 6 months from 
the Office action issue date. In addition, the TMA includes statutory 
authority for the USPTO's letter-of-protest procedures, which allow 
third parties to submit evidence to the USPTO relevant to a trademark's 
registrability during the initial examination of the trademark 
application, and provides that the decision whether to include such 
evidence in the application record is final and non-reviewable. The TMA 
requires the USPTO to promulgate regulations to implement the 
provisions relating to the new ex parte expungement and reexamination 
proceedings, and the letter-of-protest procedures, within one year of 
the TMA's enactment. The USPTO also proposes under its authority under 
the Trademark Act of 1946, 15 U.S.C. 1051 et seq., to amend the rules 
regarding attorney recognition and correspondence, and to add a new 
rule formalizing the USPTO's longstanding procedures concerning action 
on court orders cancelling or affecting a registration under section 37 
of the Act, 15 U.S.C. 1119.
    Alternatives: The TMA mandates the framework for many of the 
procedures in this rulemaking, particularly in regard to the changes to 
the letter-of-protest procedures and most of the procedures for the new 
ex parte expungement and reexamination proceedings, except for those 
indicated below. Thus, the USPTO has little to no discretion in the 
rulemaking required to implement those procedures. For those provisions 
for which alternatives were possible because the TMA provided the 
Director discretion to implement regulations (i.e., fees; limit on 
petitions requesting expungement or

[[Page 5030]]

reexamination; reasonable investigation and evidence; director-
initiated proceedings; response time periods in new ex parte 
proceedings; flexible response periods; suspension of proceedings; and 
attorney recognition), a full discussion of alternatives is provided in 
the proposed rule.
    Anticipated Cost and Benefits: The proposed regulations have 
qualitative benefits of ensuring a well-functioning trademark system 
where the trademark register accurately reflects trademarks that are 
currently in use.
    Risks: The risk of taking no action is that USPTO would not comply 
with its statutory mandate under the TMA.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/18/21  86 FR 26862
NPRM Comment Period End.............   07/19/21
Final Action........................   11/00/21
Final Action Effective..............   12/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations.
    Government Levels Affected: None.
    Agency Contact: Catherine Cain, Trademark Manual of Examining 
Procedure Editor, Department of Commerce, Patent and Trademark Office, 
P.O. Box 1451, Alexandria, VA 22313, Phone: 571 272-8946, Fax: 751 273-
8946, Email: [email protected].
    RIN: 0651-AD55
BILLING CODE 3410-12-P

DEPARTMENT OF DEFENSE

Statement of Regulatory Priorities

Background

    The Department of Defense (DoD) is the largest Federal department, 
employing over 1.6 million military personnel and 750,000 civilians 
with operations all over the world. DoD's enduring mission is to 
provide combat-credible military forces needed to deter war and protect 
the security of our nation. In support of this mission, DoD adheres to 
a strategy where a more lethal force, strong alliances and 
partnerships, American technological innovation, and a culture of 
performance will generate a decisive and sustained United States 
military advantage. Because of this expansive and diversified mission 
and reach, DoD regulations can address a broad range of matters and 
have an impact on varied members of the public, as well as other 
federal agencies.
    Pursuant to Executive Order 12866, ``Regulatory Planning and 
Review'' (September 30, 1993) and Executive Order 13563, ``Improving 
Regulation and Regulatory Review'' (January 18, 2011), the DoD 
Regulatory Plan and Agenda provide notice about the DoD's regulatory 
and deregulatory actions within the Executive Branch.

Retrospective Review of Existing Regulations

    Pursuant to section 6 of Executive Order 13563 ``Improving 
Regulation and Regulatory Review'' (January 18, 2011), the Department 
continues to review existing regulations with a goal to eliminate 
outdated, unnecessary, or ineffective regulations; account for the 
currency and legitimacy of each of the Department's regulations; and 
ultimately reduce regulatory burden and costs.

DOD Priority Regulatory Actions

    The regulatory and deregulatory actions identified in this 
Regulatory Plan embody the core of DoD's regulatory priorities for 
Fiscal Year (FY) 2022 and help support President Biden's regulatory 
priorities and the Secretary of Defense's top priorities, along with 
those of the National Defense Strategy, to defend the Nation. The DoD 
prioritization is focused on initiatives that:
     Promote the country's economic resilience, including 
addressing COVID-related issues.
     Support underserved communities and improve small business 
opportunities.
     Promote diversity, equity, inclusion, and accessibility in 
the Federal workforce.
     Support national security efforts, especially safeguarding 
Federal Government information and information technology systems.
     Support the climate change emergency; and
     Promote Access to Voting.

Rules That Promote the Country's Economic Resilience

Pandemic
    Pursuant to Executive Order 13987, ``Organizing and Mobilizing the 
United States Government to Provide a Unified and Effective Response to 
Combat COVID-19 and to Provide United States Leadership on Global 
Health and Security,'' January 20, 2021; Executive Order 13995, 
``Ensuring an Equitable Pandemic Response and Recovery,'' January 21, 
2021; Executive Order 13997, ``Improving and Expanding Access to Care 
and Treatments for COVID-19,'' January 21, 2021; and Executive Order 
13999, ``Protecting Worker Health and Safety,'' January 21, 2021, the 
Department has temporarily modified its TRICARE regulation so TRICARE 
beneficiaries have access to the most up-to-date care required for the 
diagnosis and treatment of COVID-19. TRICARE continues to reimburse 
like Medicare, to the extent practicable, as required by statute. The 
Department is researching the impacts of making some of those 
modifications permanent and may pursue such future action.
    These modifications include:

 TRICARE Coverages and Payment for Certain Services in Response 
to the COVID-19 Pandemic. RIN 0720-AB81

    DoD is finalizing an interim final rule that temporarily amended 32 
CFR part 199 to revise: (1) 32 CFR part 199.4 to remove the restriction 
on audio-only telemedicine services; (2) 32 CFR part 199.6 to authorize 
reimbursement for interstate practice by TRICARE-authorized providers 
when such authority is consistent with State and Federal licensing 
requirements; and (3) 32 CFR part 199.17 to eliminate copayments for 
telemedicine services. These changes reduce the spread of COVID-19 
among TRICARE beneficiaries by incentivizing use of telemedicine 
services, and aid providers in caring for TRICARE beneficiaries by 
temporarily waiving some licensure requirements. The final rule adopts 
this interim final rule as final with changes.

 TRICARE Coverage of Certain Medical Benefits in Response to 
the COVID-19 Pandemic. RIN 0720-AB82

    DoD is finalizing an interim final rule that temporarily amended 32 
CFR part 199 to revise certain elements of the TRICARE program under 32 
CFR part 199 to: (1) Waive the three-day prior hospital qualifying stay 
requirement for coverage of skilled nursing facility care; (2) add 
coverage for treatment use of investigational drugs under expanded 
access authorized by the United States (U.S.) Food and Drug 
Administration (FDA) when for the treatment of coronavirus disease 2019 
(COVID-19); (3) waive certain provisions for acute care hospitals that 
permitted authorization of temporary hospital facilities and 
freestanding ambulatory surgical centers providing inpatient and 
outpatient hospital services; and, consistent with similar changes 
under the Centers for Medicaid and Medicare Services; (4) revise 
diagnosis related group (DRG) reimbursement by temporarily reimbursing 
DRGs at a 20 percent higher rate for COVID-19

[[Page 5031]]

patients; and (5) waive certain requirements for long term care 
hospitals. The final action permanently adopts Medicare's New 
Technology Add-On Payments adjustment to DRGs for new medical services 
and technologies and adopted Medicare's Hospital Value Based Purchasing 
Program. The final rule adopts the interim final rule with changes, 
except for the note to section 199.4(g)(15)(i)(A), published at 85 FR 
54923, September 3, 2020, which remains interim.

 TRICARE Coverage of National Institute of Allergy and 
Infectious Disease--Coronavirus Disease 2019 Clinical Trials. RIN 0720-
AB83

    This interim final rule temporarily amended section 199.4(e)(26) of 
32 CFR 199 to revise certain elements of the TRICARE program to add 
coverage for National Institute of Allergy and Infectious Disease-
sponsored clinical trials for the treatment or prevention of 
coronavirus disease 2019 (COVID-19).
    Title 10, U.S.C. 1079(a)(12) authorizes, pursuant to an agreement 
with the Secretary of Health and Human Services (HHS) and under such 
regulations as the Secretary of Defense may prescribe, a waiver of the 
requirement that covered care be medically or psychologically necessary 
in connection with clinical trials sponsored by the NIH, provided the 
Secretary of Defense determines that such a waiver will promote access 
by covered beneficiaries to promising new treatments and contribute to 
the development of such treatments. On September 19, 2020, the DoD 
entered into an agreement with NIH to permit coverage of such trials. 
Based on an agreement with the National Cancer Institute (NCI) and 32 
CFR 199.4(e)(26), TRICARE currently covers NCI sponsored clinical 
trials related to cancer prevention, screening, and early detection. 
The intent of these statutory and regulatory provisions is to expand 
TRICARE beneficiary access to new treatments and to contribute to the 
development of such treatments.
    This rule, pursuant to the agreement with the NIH, temporarily 
amends the TRICARE regulation to authorize coverage of cost-sharing for 
medical care and testing of TRICARE-eligible patients who participate 
in Phase I, II, III, or IV clinical trials examining the treatment or 
prevention of COVID-19 that are sponsored by NIAID, enforcing the 
provisions within the agreement between DoD and NIH. Additionally, this 
change establishes requirements for TRICARE cost-sharing care related 
to NIAID-sponsored COVID-19 clinical trials; these new requirements 
mirror the existing requirements set forth in 32 CFR 
199.4(e)(26)(ii)(B) for coverage of cancer clinical trials. This 
amendment supports statutory intent by encouraging participation of 
TRICARE beneficiaries in clinical trials studying the prevention or 
treatment of COVID-19 and contributing to the development of 
treatments, including vaccines, for COVID-19.

 Expanding TRICARE Access to Care in Response to the COVID-19 
Pandemic. RIN 0720-AB85

    This interim final rule will temporarily amend the TRICARE 
regulation at 32 CFR part 199 by: (1) Adding freestanding End Stage 
Renal Disease facilities as a category of TRICARE-authorized 
institutional provider and modifying the reimbursement for such 
facilities; (2) adding coronavirus 2019 (COVID-19) Immunizers who are 
not otherwise an eligible TRICARE-authorized provider as providers 
eligible for reimbursement for COVID-19 vaccines and vaccine 
administration; (3) and adopting Medicare New COVID-19 Treatments Add-
on Payments (NTCAPs).
Maximizing the Use of American-Made Goods (DFARS Case 2019-D045). RIN: 
0750-AK85
    This rule supports Executive Order 14005, ``Ensuring the Future is 
Made in All of America by All of America's Workers,'' January 25, 2021, 
that builds upon a previous Executive Order 13881, Maximizing Use of 
American-Made Goods, Products, and Materials,'' July 15, 2019. The rule 
implements Executive Order 13881 which requires an amendment to the FAR 
to provide that materials shall be considered of foreign origin if: (a) 
For iron and steel end products, the cost of foreign iron and steel 
used in such iron and steel end products constitutes 5 percent or more 
of the cost of all the products used in such iron and steel end 
products; or (b) for all other end products, the cost of the foreign 
products used in such end products constitutes 45 percent or more of 
the cost of all the products used in such end products. The FAR changes 
were accomplished under FAR Case 2019-016, published in the Federal 
Register at 86 FR 6180.
    In addition, the Executive Order 13881 provides that in determining 
price reasonableness, the evaluation factors of 20 percent (for other 
than small businesses), or 30 percent (for small businesses) shall be 
applied to offers of materials of foreign origin. The DFARS currently 
applies a 50 percent factor and requires no additional revisions. This 
DFARS rule makes conforming changes as a result of implementation of 
the Executive Order in the FAR.

Rules That Support Underserved Communities and Improve Small Business 
Opportunities

Executive Order 13985, ``Advancing Racial Equity and Support for 
Underserved Communities Through the Federal Government'' January 20, 
2021
Rules of Particular Interest to Small Business
Small Business Innovation Research Program Data Rights (DFARS Case 
2019-D043). RIN: 0750-AK84
    This rule implements changes made by the Small Business 
Administration (SBA) related to data rights in the Small Business 
Innovation Research (SBIR) Program and Small Business Technology 
Transfer (STTR) Program Policy Directive, published in the Federal 
Register on April 2, 2019 (84 FR 12794). The SBIR and STTR programs 
fund a diverse portfolio of startups and small businesses across 
technology areas and markets to stimulate technological innovation, 
meet Federal research and development (R&D) needs, and increase 
commercialization to transition R&D into impact. The final SBA Policy 
Directive includes several revisions to clarify data rights, which 
require corresponding revisions to the DFARS. These changes include 
harmonizing definitions, lengthening the SBIR/STTR protection period 
from 5 years to 20 years, and providing for the granting of Government-
purpose rights license in place of an unlimited rights license upon 
expiration of the SBIR/STTR protection period.
Reauthorization and Improvement of Mentor-Prot[eacute]g[eacute] Program 
(DFARS Case 2020-D009). RIN: 0750-AK96
    This rule implements section 872 of the National Defense 
Authorization Act for Fiscal Year 2020. Section 872 reauthorizes and 
modifies the DoD Mentor-Prot[eacute]g[eacute] Program. The purpose of 
the Program is to provide incentives for DoD contractors to assist 
eligible small businesses (prot[eacute]g[eacute]s) in enhancing their 
capabilities and to increase participation of such firms in Government 
and commercial contracts. Under this program, prot[eacute]g[eacute]s 
expand their footprint in the defense industrial base by partnering 
with larger companies (mentors). As a result of this rule, the date by 
which new mentor-prot[eacute]g[eacute] agreements may be submitted and 
approved is extended to September 30, 2024. In addition, mentors 
incurring costs prior to September 30, 2026, may

[[Page 5032]]

be eligible for certain credits and reimbursements. Per the statute, 
this rule also establishes additional performance goals and outcome-
based metrics to measure progress in meeting those goals.

Rules That Promote Diversity, Equity, Inclusion, and Accessibility in 
the Federal Workforce

Nondiscrimination on the Basis of Disability in Program or Activities 
Assisted or Conducted by the DoD and in Equal Access to Information and 
Communication Technology Used by DoD, and Procedures for Resolving 
Complaints. RIN: 0790-AJ04
    Revisions to this regulation: (1) Update and clarify the 
obligations that Section 504 of the Rehabilitation Act of 1973 (section 
504) imposes on recipients of Federal financial assistance and the 
Military Departments and Components (DoD Components); (2) reflect the 
most current Federal statutes and regulations, as well as developments 
in Supreme Court jurisprudence, regarding unlawful discrimination on 
the basis of disability and promotes consistency with comparable 
provisions implementing title II of the Americans with Disabilities Act 
(ADA); (3) implement section 508 of the Rehabilitation Act of 1973 
(section 508), requiring DoD make its electronic and information 
technology accessible to individuals with disabilities; (4) establish 
and clarify obligations under the Architectural Barriers Act of 1968 
(ABA), which requires that DoD make facilities accessible to 
individuals with disabilities; and (5) Provide complaint resolution and 
enforcement procedures pursuant to section 504 and the complaint 
resolution and enforcement procedures pursuant to section 508. These 
revisions are particularly relevant in light of Executive Order 14035, 
``Diversity, Equity, Inclusion, and Accessibility in the Federal 
Workforce.

Rules That Support National Security Efforts

Department of Defense (DoD)--Defense Industrial Base (DIB) 
Cybersecurity (CS) Activities. RIN: 0790-AK86
    This rule will amend the DoD--Defense Industrial Base (DIB) 
Cybersecurity (CS) activities regulation. It will allow a broader 
community of defense contractors access to relevant cyber threat 
information that is critical in defending unclassified networks and 
information systems and protecting DoD warfighting capabilities. These 
amendments seek to address the increasing cyber threat targeting all 
defense contractors including those in the vulnerable supply chain by 
expanding eligibility to defense contractors that process, store, 
develop, or transmit DoD Controlled Unclassified Information (CUI). 
These steps align with the Administration's efforts to provide defense 
contractors with critical and real-time cybersecurity resources needed 
to safeguard DoD CUI.

Rules That Support the Climate Change Emergency

Policy and Procedures for Processing Requests To Alter U.S. Army Corps 
of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408. RIN: 0710-
AB22
    Where a party other than the USACE seeks to use or alter a Civil 
Works project that USACE constructed, the proposed use or alteration is 
subject to the prior approval of the USACE. Some examples of such 
alterations include an improvement to the project; relocation of part 
of the project; or installing utilities or other non-project features. 
This requirement was established in section 14 of the Rivers and 
Harbors Act of 1899 and is codified at 33 U.S.C. 408 (section 408). 
Section 408 provides that the USACE may grant permission for another 
party to alter a Civil Works project, upon a determination that the 
alteration proposed will not be injurious to the public interest and 
will not impair the usefulness of the Civil Works project. The USACE is 
proposing to convert its policy that governs the section 408 program to 
a binding regulation. This policy, Engineer Circular 1165-2-220, Policy 
and Procedural Guidance for Processing Requests to Alter U.S. Army 
Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408, was 
issued in September 2018.
Credit Assistance for Water Resources Infrastructure Projects. RIN: 
0710-AB31
    The USACE proposes to implement a new credit program for dam safety 
work at non-Federal dams. The program is authorized under the Water 
Infrastructure Finance and Innovation Act of 2014 (WIFIA) and Division 
D, Title 1 of the Consolidated Appropriations Act of 2021. WIFIA 
authorizes the USACE to provide secured (direct) loans and loan 
guarantees (Federal Credit instruments) to eligible water resources 
infrastructure projects and to charge fees to recover all or a portion 
of the USACE' cost of providing credit assistance and the costs of 
conducting engineering reviews and retaining expert firms, including 
financial and legal services, to assist in the underwriting and 
servicing of Federal credit instruments. Projects would be evaluated 
and selected by the Secretary of the Army (the Secretary), based on the 
requirements and the criteria described in this rule.
Flood Control Cost-Sharing Requirements Under the Ability To Pay 
Provision. RIN: 0710-AB34
    Section 103(m) of the Water Resources Development Act (WRDA) of 
1986, as amended (33 U.S.C. 2213(m)), authorizes the USACE to reduce 
the non-Federal share of the cost of a study or project for certain 
communities that are not able financially to afford the standard cost-
share. Part 241 of title 33 in the Code of Federal Regulations provides 
the criteria that the USACE uses in making these determinations where 
the primary purpose of the study or project is flood damage reduction. 
The proposed rule would update this regulation, including by broadening 
the project purposes for which the USACE could reduce the non-Federal 
cost-share on this basis.
Revised Definition of ``Waters of the United States''--Rule 1. RIN: 
0710-AB40
    In April 2020, the EPA, and the Department of the Army (``the 
agencies'') published the Navigable Waters Protection Rule (NWPR) that 
revised the previously codified definition of ``waters of the United 
States'' (85 FR 22250, April 21, 2020). The agencies are now initiating 
this new rulemaking process that restores the regulations (51 FR 41206) 
in place prior to the 2015 ``Clean Water Rule: Definition of `Waters of 
the United States' '' (80 FR 37054, June 29, 2015), updated to be 
consistent with relevant Supreme Court decisions. The agencies intend 
to consider further revisions in a second rule in light of additional 
stakeholder engagement and implementation considerations, scientific 
developments, and environmental justice values. This effort will also 
be informed by the experience of implementing the pre-2015 rule, the 
2015 Clean Water Rule, and the 2020 Navigable Waters Protection Rule.
Revised Definition of ``Waters of the United States''--Rule 2. RIN: 
0710-AB47
    The Department of the Army and the Environmental Protection Agency 
intend to pursue a second rule defining ``Waters of the United States'' 
to consider further revisions to the agencies' first rule (RIN 0710-
AB40) which proposes to restore the regulations in place prior to the 
2015 ``Clean Water Rule: Definition of `Waters

[[Page 5033]]

of the United States' '' (80 FR 37054, June 29, 2015), updated to be 
consistent with relevant Supreme Court Decisions. This second rule 
proposes to include revisions reflecting on additional stakeholder 
engagement and implementation considerations, scientific developments, 
and environmental justice values. This effort will also be informed by 
the experience of implementing the pre-2015 rule, the 2015 Clean Water 
Rule, and the 2020 Navigable Waters Protection Rule.

Rules Promoting Access to Voting

Federal Voting Assistant Program (FVAP). RIN: 0790-AK90
    DOD is finalizing an interim final rule for its Federal Voting 
Assistance Program (FVAP). The FVAP assists overseas service members 
and other overseas citizens with exercising their voting rights by 
serving as a critical resource to successfully register to vote. On 
March 7, 2021, the White House released Executive Order 14019 on 
Promoting Access to Voting. The purpose of the Executive Order is to 
protect and promote the exercise of the right to vote, eliminate 
discrimination and other barriers to voting, expand access to voter 
registration and accurate election information, and ensure registering 
to vote and the act of voting be made simple and easy for all those 
eligible to do so. To accomplish this purpose, with this final rule DoD 
is doing the following:
     Maximizing voter awareness of Uniformed and Overseas 
Citizens Absentee Voting Act (UOCAVA) eligibility and resources by 
providing better coordination with the Federal Government's voting 
assistance services to improve voter accessibility and communication.
     Requiring DoD components to establish component-wide 
programs to communicate and disseminate voting information, with the 
goal of improving communication and clarity for the impacted 
population.
     Requiring federal agencies to enter into memorandums of 
understanding (MOU) with the DoD to provide accurate, nonpartisan 
voting information and assistance to ensure military and overseas 
voters understand their voting rights, how to register and apply for an 
absentee ballot, and how to return their absentee ballot successfully.
     Promoting opportunities to register to vote and 
participate in elections to include civilians working for the 
Department who vote locally.
     Distributing voter information and use of vote.gov in 
conjunction with fvap.gov website and current communications to support 
a comprehensive approach to voter awareness.
     Creating innovative solutions to reduce barriers and 
increase voter awareness of their status in the Uniformed and Overseas 
Citizens Absentee Voting Act absentee voting process, including 
increased visibility of overseas ballots.
     Developing materials to support absentee voting by 
military and overseas U.S. citizens with limited English proficiency.

Federal Register Requests for Information (RFIs)

    In support of Executive Orders 14017, ``America's Supply Chains,'' 
13985, ``Advancing Racial Equity and Support for Underserved 
Communities Through the Federal Government, and 14036, Promoting 
Competition in the American Economy,'' DoD published a RFI on September 
8, 2021, titled ``Notice of Request for Comments on Barriers Facing 
Small Businesses in Contracting with the Department of Defense.'' The 
participation of dynamic, resilient, and innovative small businesses in 
the defense industrial base is critical to the United States' efforts 
to maintain its technological superiority, military readiness, and 
warfighting advantage. In furtherance of its efforts to maximize 
opportunities for small businesses to contribute to national security, 
the DoD sought public input on the barriers that small businesses face 
in working with the DoD.
    Additionally, in support of Executive Order 14017, ``America's 
Supply Chains,'' DoD published an RFI on September 28, 2021, titled 
``Federal Register Notice of Request for Written Comments in Support of 
the Department of Defense's One-Year Response to Executive Order 14017, 
``America's Supply Chains.'' The Executive Order directs six Federal 
agencies to conduct a review of their respective industrial bases, with 
the objective to use this assessment to secure and strengthen America's 
supply chains. One of these directives is for the Secretary of Defense, 
in consultation with the heads of appropriate agencies, to submit a 
report on supply chains for the defense industrial base, including key 
vulnerabilities and potential courses of action to strengthen the 
defense industrial base. The effort will build on the Executive Order. 
report, Assessing and Strengthening the Manufacturing and Defense 
Industrial Base and Supply Chain Resiliency of the United States 
(released October 2018) and the Annual Industrial Capabilities Report, 
which is mandated by the Congress.

DOD--OFFICE OF THE SECRETARY (OS)

Proposed Rule Stage

16. Department of Defense (DOD)--Defense Industrial Base (DIB) 
Cybersecurity (CS) Activities

    Priority: Other Significant.
    Legal Authority: 10 U.S.C. 391; 10 U.S.C. 2224; 44 U.S.C. 3541; 10 
U.S.C. 393
    CFR Citation: 32 CFR 236.
    Legal Deadline: None.
    Abstract: The DIB CS Program is currently only permitted to provide 
cyber threat information to cleared defense contractors, per the 
Program eligibility requirements within 32 CFR part 236. However, this 
proposed revision to the Federal rule would allow all defense 
contractors who process, store, develop, or transit DoD CUI to be 
eligible to participate and begin receiving critical cyber threat 
information. Expanding participation in the DIB CS Program is part of 
DoD's comprehensive approach to collaborate with the DIB to counter 
cyber threats through information sharing between the Government and 
DIB participants. The expanded eligibility criteria will allow a 
broader community of defense contractors to participate in the DIB CS 
Program, in alignment with the National Defense Strategy.
    Statement of Need: Unauthorized access and compromise of DoD 
unclassified information and operations poses an imminent threat to 
U.S. national security and economic security interests. Defense 
contractors with this information are being targeted on a daily basis. 
Many of these contractors are small and medium size contractors that 
can benefit from partnering with DoD to enhance and supplement their 
cybersecurity capabilities.
    Summary of Legal Basis: This revised regulation supports the 
Administration's effort to promote public-private cyber collaboration 
by expanding eligibility for the DIB CS voluntary cyber threat 
information sharing program to all defense contractors. This regulation 
aligns with DoD's statutory responsibilities for cybersecurity 
engagement with those contractors supporting the Department.
    Alternatives: (1) No action alternative: Maintain status quo with 
the ongoing voluntary cybersecurity program for cleared contractors. 
(2) Next best alternative: DoD posts generic cyber threat information 
and cybersecurity best practices on a public accessible website without 
directly engaging participating companies.
    Anticipated Cost and Benefits: Participation in the voluntary DIB 
CS

[[Page 5034]]

Program enables DoD contractors to access Government Furnished 
Information and collaborate with the DoD Cyber Crime Center (DC3) to 
better respond to and mitigate the cyber threat. To participate in the 
DIB CS Program, DoD contractors must have or obtain a DoD-approved, 
medium assurance certificate to enable access to a secure DoD 
unclassified web portal. Cost of the DoD-approved medium assurance 
certificate is approximately $175 for each individual identified by the 
DoD contractor. See https://public.cyber.mil/eca/ for more information 
about DoD-approved certificates.
    Contractors are encouraged to voluntarily report information to 
promote sharing of cyber threat indicators that they believe are 
valuable in alerting the Government and others, as appropriate, in 
order to better counter cyber threat actor activity. This cyber 
information may be of interest to the DIB and DoD for situational 
awareness and does not include mandatory cyber incident reporting 
included under DFARS 252.204-7012.
    The costs are under review.
    Risks: Cyber threats to DIB unclassified information systems 
represent an unacceptable risk of compromise of DoD information and 
mission and pose an imminent threat to U.S. national security and 
economic security interests. This threat is particularly acute for 
those small and medium size companies with less mature cybersecurity 
capabilities. The combination of mandatory cyber activities under DFARS 
252.204-7012, combined with the voluntary participation in the DIB CS 
Program, will enhance and supplement DoD contractors capabilities to 
safeguard DoD information that resides on, or transits, DoD contractors 
unclassified network or information systems. Through collaboration with 
DoD and the sharing with other contractors in the DIB CS Program, 
defense contractors will be better prepared to mitigate the cyber risk 
they face today and in the future.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: Federal.
    Agency Contact: Kevin Dulany, Director, Cybersecurity Policy and 
Partnerships CIO, Department of Defense, Office of the Secretary, 4800 
Mark Center, Alexandria, VA 22311, Phone: 571 372-4699, Email: 
[email protected].
    RIN: 0790-AK86

DOD--OS

Final Rule Stage

17. Nondiscrimination on the Basis of Disability in Programs or 
Activities Assisted or Conducted by the DOD

    Priority: Other Significant.
    Legal Authority: Pub. L. 100-259; Pub. L. 102-569; 29 U.S.C. 791 to 
794d; 42 U.S.C. ch. 51 and 126; E.O. 12250
    CFR Citation: 32 CFR 56.
    Legal Deadline: None.
    Abstract: The Department of Defense (DoD) is amending its 
regulation prohibiting unlawful discrimination on the basis of 
disability in programs or activities receiving Federal financial 
assistance from, or conducted by, DoD. These revisions will update and 
clarify the obligations that section 504 of the Rehabilitation Act of 
1973, as amended, imposes on recipients of Federal financial assistance 
and DoD Components, and the obligations that the Architectural Barriers 
Act imposes on DoD Components. The updates will also clarify the 
procedures for resolving complaints regarding information and 
communication technology accessible to and usable by individuals with 
disabilities in accordance with section 508 of the Rehabilitation Act, 
as amended. This rule promotes the Biden Administration's priorities on 
diversity, equity, and inclusion.
    Statement of Need: Finalization of this Department-wide rule will 
clarify the longstanding policy of the Department. It does not change 
the Department's practices in addressing issues of discrimination. This 
rule amends the Department's prior regulation to include updated 
accessibility standards for recipients of Federal financial assistance 
to be more user-friendly and to support individuals with disabilities. 
This update is particularly relevant in light of Executive Order 14035, 
Diversity, Equity, Inclusion, and Accessibility in the Federal 
Workforce.
    Summary of Legal Basis: This rule is proposed under the authorities 
of title 29, U.S.C., chapter 16, subchapter V, sections 794 through 
794d, codifying legislation prohibiting discrimination on the basis of 
disability under any program or activity receiving Federal financial 
assistance or under any program or activity conducted by any Federal 
agency, including provisions establishing the United States Access 
Board and requiring Federal agencies to ensure that information and 
communication technology is accessible to and usable by individuals 
with disabilities. Title 28, Code of Federal Regulations, part 41 
implementing Executive Order 12250, which assigns the DOJ 
responsibility to coordinate implementation of section 504 of the 
Rehabilitation Act.
    Alternatives: The Department considered taking no new action and 
continuing to rely on the existing regulation. The Department 
considered issuing sub-regulatory guidance to clarify existing 
regulation. Both options were rejected because of the need to update 
and clarify the Department's obligations pursuant to section 504 and 
section 508 of the Rehabilitation Act of 1973, as amended.
    Anticipated Cost and Benefits: Because OMB originally determined 
this rule to not be a significant regulatory action, a cost and benefit 
analysis has not yet been completed.
    Risks: Without this final rule, the Department's current regulation 
is inconsistent with current Federal statutes and regulations, as well 
as developments in Supreme Court jurisprudence, regarding unlawful 
discrimination on the basis of disability. Consistent with 
congressional intent, the provisions in the final rule are consistent 
with the nondiscrimination provisions in DOJ regulations implementing 
title II of the ADA Amendments Act (applicable to state and local 
government entities).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/16/20  85 FR 43168
NPRM Comment Period End.............   09/14/20
Final Action........................   06/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Additional Information: The full title of the rule is 
``Nondiscrimination on the Basis of Disability in Programs or 
Activities Assisted or Conducted by the DoD and in Equal Access to 
Information and Communication Technology Used by DoD, and Procedures 
for Resolving Complaints.'' That title is too long to include above, so 
I am including it here.
    DoD Instruction 1020.dd (``Unlawful Discrimination on the Basis of 
Disability in Programs or Activities Receiving Federal Financial 
Assistance from, or Conducted by, the DoD'') will be codified as a rule 
under 32 CFR part 56. The rule was originally reported as being 
codified under 32 CFR part 195.

[[Page 5035]]

    Agency Contact: Randy Cooper, Director, Department of Defense 
Disability EEO Policy and Compliance, Department of Defense, Office of 
the Secretary, 4000 Defense Pentagon, Room 5D641, Washington, DC 20301-
4000, Phone: 703 571-9327, Email: [email protected].
    RIN: 0790-AJ04

DOD--OS

18. Federal Voting Assistance Program

    Priority: Other Significant.
    Legal Authority: E.O. 12642; 10 U.S.C. 1566a; 52 U.S.C. 20506; 52 
U.S.C. ch. 203
    CFR Citation: 32 CFR 233.
    Legal Deadline: None.
    Abstract: The FVAP assists overseas service members and other 
overseas citizens with exercising their voting rights by serving as a 
critical resource to successfully register to vote. It requires Federal 
agencies to enter into Memorandums of Understanding with the DoD to 
provide accurate, nonpartisan voting information and assistance to 
ensure military and overseas voters understand their voting rights, how 
to register and apply for an absentee ballot, and how to return their 
absentee ballot successfully.
    Statement of Need: This rule establishes policy and assigns 
responsibilities for the Federal Voting Assistance Program (FVAP). It 
establishes policy and assigns responsibilities for the development and 
implementation of installation voter assistance (IVA) offices as voter 
registration agencies. This part establishes policy to develop and 
implement, jointly with States, procedures for persons to apply to 
register to vote at recruitment offices of the Military Services.
    Summary of Legal Basis: This rule is proposed under the authorities 
of the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), 52 
U.S.C. chapter 203, on behalf of the Secretary of Defense, as the 
Presidential designee under 53 U.S.C. 20301(a). See Executive Order No. 
12642, Designation of Secretary of Defense as Presidential Designee, 53 
FR 21975 (June 8, 1988) and Executive Order 14019, Promoting Access to 
Voting.
    Alternatives: No Action--If DoD took no action, decreases in 
successful voting by voters covered by the Uniformed and Overseas 
Citizens Absentee Voting Act could occur.
    Voters who received assistance from FVAP or Voting Assistance 
Officers were significantly more likely to submit a ballot than if they 
did not receive that assistance a consistent finding across the last 
four General Elections. The impacted public, without coordinated FVAP 
voter assistance, could experience confusion with the voting 
registration process, and may endure inefficient FVAP assistance 
leading up to, and on Election Day. With no purposeful effort to 
streamline these regulations, there is a dire possibility that absentee 
voter ballots will not be sent and received in time to be counted. DoD, 
as the presidential designee agency, pursuant to Executive Order 12642, 
shoulders the responsibility and desire to resolve known issues, better 
communicate with the public, and provide a seamless and uniform voting 
assistance framework for the public populations overseas.
    Anticipated Cost and Benefits: This amendment of the current 
policies seeks to establish uniform framework within DoD on how to 
interact and disseminate communications with the impacted public 
populations overseas. The changes outlined in this rule improve the 
transparency and effectiveness of communication to the general public, 
absent overseas voters, Service member spouse and dependents, and 
eligible voters who seek to register to vote on Military Service 
installations. This includes maximizing awareness of voter UOCAVA 
eligibility, and providing resources to the impacted public 
populations. These changes will maximize voting assistance 
effectiveness and outcomes, address known concerns impacting the 
public, ahead of upcoming election cycles.
    While the Department estimates that the public will not incur any 
costs as a result of this rule, the public may receive better voter 
assistance since DoD will improve the Government's coordination to 
provide voter assistance to absent uniformed service voters and 
overseas voters and support the government's efforts to implement a 
comprehensive program to cover all executive branch agencies and 
overseas citizens more broadly.
    Risks: This rule seeks to increase the likelihood of voters 
protected under UOCAVA and military voting assistance laws to receive 
and return absentee ballots. It enables FVAP to provide assistance and 
information to military and overseas American voters in an effective 
manner based on surveys, research and historical after action reports.
    Should FVAP become unable to foster voter awareness through the 
States and voter assistance programs, the Department of Defense will 
become less effective to meet military and civilian voter assistance 
requirements, thus increasing the possible risk of absentee ballot 
rejections during federal election cycles. This may bring unwanted 
stakeholder and Congressional scrutiny. FVAP would cease to provide 
active engagement mechanisms to elicit input and offer recommendations 
to improve levels of voter success and effectiveness for State absentee 
balloting processes for absent overseas uniformed voters and citizens.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   03/06/20  85 FR 13045
Interim Final Rule Effective........   03/06/20
Interim Final Rule Comment Period      04/06/20
 End.
Final Action........................   11/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: David Beirne, Director, DODHRA FVAP, Department of 
Defense, Office of the Secretary, 48 Mark Center Drive, Alexandria, VA 
22408, Phone: 571 372-0740, Email: [email protected].
    RIN: 0790-AK90

DOD--DEFENSE ACQUISITION REGULATIONS COUNCIL (DARC)

Proposed Rule Stage

19. Small Business Innovation Research Program Data Rights (DFARS Case 
2019-D043)

    Priority: Other Significant.
    Legal Authority: 41 U.S.C. 1303
    CFR Citation: 48 CFR 227; 48 CFR 252.
    Legal Deadline: None.
    Abstract: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to implement changes related to data 
rights in the Small Business Administration's Policy Directive for the 
Small Business Innovation Research (SBIR) Program, published in the 
Federal Register on April 2, 2019 (84 FR 12794). The final SBA Policy 
Directive includes several revisions to clarify data rights, which 
require corresponding revisions to the DFARS.
    Statement of Need: This rule is necessary to implement the Small 
Business Administration (SBA) related to data rights in the Small 
Business Innovation Research (SBIR) Program and Small Business 
Technology Transfer (STTR) Program Policy Directive, published in the 
Federal

[[Page 5036]]

Register on April 2, 2019 (84 FR 12794). The final SBA Policy Directive 
includes several revisions to clarify data rights, which require 
corresponding revisions to the DFARS.
    Summary of Legal Basis: The legal basis for this rule is 15 U.S.C. 
638, which provides the authorization, policy, and framework for SBIR/
STTR programs.
    Alternatives: There are no alternatives that would meet the stated 
objective of this rule.
    Anticipated Cost and Benefits: While specific costs and savings 
have not been quantified, this rule is expected to have significant 
benefit for small businesses participating in the DoD SBIR/STTR 
program. SBIR and STTR enable small businesses to explore their 
technological potential and provide the incentive to profit from its 
commercialization. By including qualified small businesses in the 
nation's R&D arena, high-tech innovation is stimulated, and the United 
States gains entrepreneurial spirit as it meets its specific research 
and development needs.
    Risks: The continuous protection of an awardee's SBIR/STTR Data 
while actively pursuing or commercializing its technology with the 
Federal Government, provides a significant incentive for innovative 
small businesses to participate in these programs.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   08/31/20  85 FR 53758
Correction..........................   09/21/20  85 FR 59258
ANPRM Comment Period End............   10/30/20
Comment Period Extended.............   12/04/20  85 FR 78300
ANPRM Comment Period End............   01/31/21
NPRM................................   04/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal.
    Agency Contact: Jennifer Johnson, Defense Acquisition Regulations 
System, Department of Defense, Defense Acquisition Regulations Council, 
3060 Defense Pentagon, Room 3B941, Washington, DC 20301-3060, Phone: 
571 372-6100, Email: [email protected].
    RIN: 0750-AK84

DOD--DARC

20. Reauthorization and Improvement of Mentor-Protege Program (DFARS 
Case 2020-D009)

    Priority: Other Significant.
    Legal Authority: 41 U.S.C. 1303; Pub. L. 116-92, sec. 872
    CFR Citation: 48 CFR, ch. 2, app. I.
    Legal Deadline: None.
    Abstract: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement to implement section 872 of the National Defense 
Authorization Act for Fiscal Year 2020, which reauthorizes and improves 
the DoD Mentor-Protege Program.
    Statement of Need: This rule is necessary to amend the DFARS to 
implement the reauthorization of and amendments to the Mentor 
Prot[eacute]g[eacute] Program provided by section 872 of the National 
Defense authorization act (NDAA) of Fiscal Year (FY) 2020.
    Summary of Legal Basis: The legal basis for this rule is section 
872 of the NDAA for FY 2020 (Pub. L. 116-92).
    Alternatives: There are no alternatives that would meet the 
requirements of the statute.
    Anticipated Cost and Benefits: This rule is expected to be of 
significant benefit to small businesses accepted as 
prot[eacute]g[eacute]s under the program, as well as the firms that 
mentor such small businesses, by bringing more small businesses into 
DoD's supply chain. DoD's Mentor-Prot[eacute]g[eacute] Program is the 
oldest continuously operating Federal mentor-prot[eacute]g[eacute] 
program in existence. DoD's Mentor-Prot[eacute]g[eacute] Program has 
successfully helped more than 190 small businesses fill unique niches 
and become part of the military's supply chain. Many mentors have made 
the Program an integral part of their sourcing plans. 
Prot[eacute]g[eacute]s have used their involvement in the Program to 
develop technical capabilities. Successful mentor-prot[eacute]g[eacute] 
agreements provide a winning relationship for the 
prot[eacute]g[eacute], the mentor, and DoD.
    Risks: Failure to implement section 872 and extend DoD's Mentor-
Prot[eacute]g[eacute] Program would significantly inhibit the 
Department's ability to provide incentives for DoD contractors to 
assist small businesses in enhancing their capabilities and to increase 
participation of such firms in Government and commercial contracts.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal.
    Agency Contact: Jennifer Johnson, Defense Acquisition Regulations 
System, Department of Defense, Defense Acquisition Regulations Council, 
3060 Defense Pentagon, Room 3B941, Washington, DC 20301-3060, Phone: 
571 372-6100, Email: [email protected].
    RIN: 0750-AK96

DOD--DARC

Final Rule Stage

21. Maximizing the Use of American-Made Goods (DFARS Case 2019-D045)

    Priority: Other Significant.
    Legal Authority: 41 U.S.C. 1303
    CFR Citation: 48 CFR 225; 48 CFR 252.
    Legal Deadline: None.
    Abstract: DoD is issuing a final rule to amend the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement Executive Order 
13881, Maximizing Use of American-Made Goods, Products, and Materials. 
Executive Order 13881 requires an amendment to the Federal Acquisition 
Regulation (FAR) to provide that materials shall be considered of 
foreign origin if: (a) For iron and steel end products, the cost of 
foreign iron and steel used in such iron and steel end products 
constitutes 5 percent or more of the cost of all the products used in 
such iron and steel end products; or (b) for all other end products, 
the cost of the foreign products used in such end products constitutes 
45 percent or more of the cost of all the products used in such end 
products. The FAR changes were accomplished under FAR Case 2019-016, 
published in the Federal Register at 86 FR 6180. This DFARS rule will 
make conforming changes to the DFARS.
    Statement of Need: This rule is needed to implement Executive Order 
13881, Maximizing Use of American-Made Goods, Products, and Materials, 
dated July 15, 2019, which requires an amendment to the Federal 
Acquisition Regulation (FAR) and the Defense Federal Acquisition 
Regulation Supplement (DFARS) to provide that under the Buy American 
statute, materials shall be considered of foreign origin if--
    (A) For iron and steel products, the cost of foreign iron and steel 
used in such iron and steel products constitutes 5 percent or more of 
the cost of all the product's domestic content; or
    (B) For all other products, the cost of the foreign components used 
in such

[[Page 5037]]

products constitutes 45 percent or more of the cost of all the 
product's domestic content.
    In addition, the Executive order provides that in determining price 
reasonableness, the evaluation factors of 20 percent (for other than 
small businesses), or 30 percent (for small businesses) shall be 
applied to offers of materials of foreign origin. The DFARS applies a 
50 percent factor and requires no additional revisions. This rule makes 
conforming changes to the applicable clauses as a result of 
implementation of the Executive order requirements in the FAR.
    Summary of Legal Basis: The legal basis for this rule is 41 U.S.C. 
1303 and Executive Order 13881, Maximizing Use of American-Made Goods, 
Products, and Materials, dated July 15, 2019.
    Alternatives: There are no alternatives that would meet the 
requirements of Executive Order 13881.
    Anticipated Cost and Benefits: This rule increases the percentages 
for use in the domestic content test applied to offers of products and 
materials to determine domestic or foreign origin. The rule will 
strengthen domestic preferences under the Buy American statute and 
provide both large and small businesses the opportunity and incentive 
to deliver U.S. manufactured products from domestic suppliers. It is 
expected that this rule will benefit large and small U.S. 
manufacturers, including those of iron or steel.
    Risks: N/A.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/30/21  86 FR 48370
NPRM Comment Period End.............   10/29/21
Final Action........................   02/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Agency Contact: Jennifer Johnson, Defense Acquisition Regulations 
System, Department of Defense, Defense Acquisition Regulations Council, 
3060 Defense Pentagon, Room 3B941, Washington, DC 20301-3060, Phone: 
571 372-6100, Email: [email protected]l.
    RIN: 0750-AK85

DOD--U.S. ARMY CORPS OF ENGINEERS (COE)

Proposed Rule Stage

22. Policy and Procedures for Processing Requests To Alter U.S. Army 
Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408

    Priority: Other Significant.
    Legal Authority: 33 U.S.C. 408
    CFR Citation: 33 CFR 350.
    Legal Deadline: None.
    Abstract: Where a party other than the U.S. Army Corps of Engineers 
(Corps) seeks to use or alter a Civil Works project that the Corps 
constructed, the proposed use or alteration is subject to the prior 
approval of the Corps. Some examples of such alterations include an 
improvement to the project; relocation of part of the project; or 
installing utilities or other non-project features. This requirement 
was established in section 14 of the Rivers and Harbors Act of 1899 and 
is codified at 33 U.S.C. 408 (section 408). Section 408 provides that 
the Corps may grant permission for another party to alter a Civil Works 
project upon a determination that the alteration proposed will not be 
injurious to the public interest and will not impair the usefulness of 
the Civil Works project. The Corps is proposing to convert its policy 
that governs the section 408 program to a binding regulation. This 
policy, Engineer Circular 1165-2-220, Policy and Procedural Guidance 
for Processing Requests to Alter U.S. Army Corps of Engineers Civil 
Works Projects Pursuant to 33 U.S.C. 408, was issued in September 2018.
    Statement of Need: Through the Civil Works program, the U.S. Army 
Corps of Engineers (Corps), in partnership with stakeholders, has 
constructed many Civil Works projects across the Nation's landscape. 
Given the widespread locations of these projects, there may be a need 
for others outside of the Corps to alter or occupy these projects and 
their associated lands. Reasons for alterations could include 
activities such as improvements to the project; relocation of part of 
the project; or installing utilities or other non-project features. In 
order to ensure that these projects continue to provide their intended 
benefits to the public, Congress provided that any use or alteration of 
a Civil Works project by another party is subject to the prior approval 
of the Corps. This requirement was established in section 14 of the 
Rivers and Harbors Act of 1899 and is codified at 33 U.S.C. 408 
(section 408). Specifically, section 408 provides that the Corps may 
grant permission for another party to alter a Civil Works project upon 
a determination that the alteration proposed will not be injurious to 
the public interest and will not impair the usefulness of the Civil 
Works project. The Corps is proposing to convert its policy that 
governs the section 408 program to a binding regulation. Engineer 
Circular 1165-2-220, Policy and Procedural Guidance for Processing 
Requests to Alter U.S. Army Corps of Engineers Civil Works Projects 
Pursuant to 33 U.S.C. 408 was issued in September 2018.
    Summary of Legal Basis: The Corps has legal authority over the 
section 408 program under 33 U.S.C. 408.
    Alternatives: The preferred alternative would be to conduct 
rulemaking to issue the requirements governing the section 408 review 
process in the form of a binding regulation. The current Corps policy 
appears in an Engineer Circular that has expired. The next best 
alternative would involve issuing these requirements in the form of an 
Engineer Regulation. That alternative would not fulfill the intent of 
the law because it would not be binding on the regulated public.
    Anticipated Cost and Benefits: The proposed rule would reduce costs 
to the regulated public by clarifying the applicable requirements and 
providing consistent implementation of these requirements across the 
Corps program.
    Risks: The proposed action is not anticipated to increase risk to 
public health, safety, or the environment because it outlines the 
procedures the Corps will follow when evaluating requests for section 
408 permissions. The Corps will comply with all statutory requirements 
when reviewing requests.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Virginia Rynk, Department of Defense, U.S. Army 
Corps of Engineers, Attn: CECW-EC, 441 G Street NW, Washington, DC 
20314, Phone: 202 761-4741.
    RIN: 0710-AB22

DOD--COE

23. Credit Assistance for Water Resources Infrastructure Projects

    Priority: Other Significant.

[[Page 5038]]

    Legal Authority: Pub. L. 114-94; Pub. L. 114-322; Pub. L. 115-270; 
33 U.S.C. 3901
    CFR Citation: 33 CFR 386.
    Legal Deadline: None.
    Abstract: The U.S. Army Corps of Engineers (Corps) proposes to 
implement a new credit program for dam safety work at non-Federal dams. 
The program is authorized under the Water Infrastructure Finance and 
Innovation Act of 2014 (WIFIA) and Division D, title 1 of the 
Consolidated Appropriations Act of 2020. WIFIA authorizes the Corps to 
provide secured (direct) loans and loan guarantees (Federal Credit 
instruments) to eligible water resources infrastructure projects and to 
charge fees to recover all or a portion of the Corps' cost of providing 
credit assistance and the costs of conducting engineering reviews and 
retaining expert firms, including financial and legal services, to 
assist in the underwriting and servicing of Federal credit instruments. 
Projects would be evaluated and selected by the Secretary of the Army 
(the Secretary) based on the requirements and the criteria described in 
this rule.
    Statement of Need: The USACE WIFIA program is focused on providing 
Federal loans, and potentially to also include loan guarantees, to 
projects for maintaining, upgrading, and repairing dams identified in 
the National Inventory of Dams owned by non-federal entities. These 
loans will be repaid with non-Federal funding.
    Summary of Legal Basis: The USACE WIFIA program was authorized 
under Subtitle C of Title V of the Water Resources Reform and 
Development Act of 2014 (WRRDA 2014), which authorizes USACE to provide 
secured (direct) loans, and potentially to also include loan 
guarantees, to eligible water resources infrastructure projects (needed 
further authorization was provided by Division D, Title 1 of the 
Consolidated Appropriations Act of 2020). The statute also authorizes 
USACE to charge fees to recover all or a portion of USACE's cost of 
providing credit assistance and the costs of conducting engineering 
reviews and retaining expert firms, including financial and legal 
services, to assist in the underwriting and servicing of Federal credit 
instruments.
    The Fiscal 2021 Consolidated Appropriations Act, provided USACE 
WIFIA appropriations of $2.2M admin, and $12M credit subsidy and a loan 
volume limit of $950M. These appropriated funds are limited to fund 
projects focused on maintaining, upgrading, and repairing dams 
identified in the National Inventory of Dams owned by non-federal 
entities.
    Alternatives: The preferred alternative would be to conduct 
proposed rulemaking to implement a new credit program for dam safety 
work at non-Federal dams in the form of a binding regulation in 
compliance with the Water Infrastructure Finance and Innovation Act of 
2014 (WIFIA) and Division D, title 1 of the Consolidated Appropriations 
Act of 2020. The next best alternative would involve issuing these 
implementing procedures in the form of an Engineer Regulation. That 
alternative would not fulfill the intent of the law because it would 
not be binding on the regulated public. The no action alternative would 
be to not conduct rulemaking which would not fulfill the authorization 
provided by Congress.
    Anticipated Cost and Benefits: The proposed rule would add Corps 
procedures to the CFR on the implementation of a new credit program for 
dam safety work at non-Federal dams to allow for consistent 
implementation across the Corps and clear understanding of the program 
and its requirements by the regulated public. The USACE would incur 
costs to administer the loan program while benefits are expected for 
the public in the form of benefits from projects enabled by WIFIA 
loans.
    Risks: The proposed action is not anticipated to increase risk to 
public health, safety, or the environment because it outlines the 
procedures the Corps will follow for implementing a federal loan 
program. The Corps will comply with all statutory requirements when 
reviewing requests.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Aaron Snyder, Department of Defense, U.S. Army 
Corps of Engineers, 441 G Street NW, Washington, DC 20314, Phone: 651 
290-5489, Email: [email protected].
    Related RIN: Merged with 0710-AB32.
    RIN: 0710-AB31

DOD--COE

24. Flood Control Cost-Sharing Requirements Under the Ability To Pay 
Provision

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 33 U.S.C. 2213(m)
    CFR Citation: 33 CFR 241.
    Legal Deadline: None.
    Abstract: Section 103(m) of the Water Resources Development Act 
(WRDA) of 1986, as amended (33 U.S.C. 2213(m)), authorizes the U.S. 
Army Corps of Engineers (Corps) to reduce the non-Federal share of the 
cost of a study or project for certain communities that are not able 
financially to afford the standard non-Federal cost-share. Part 241 of 
title 33 in the Code of Federal Regulations provides the criteria that 
the Corps uses in making these determinations where the primary purpose 
of the study or project is flood damage reduction. The proposed rule 
would update this regulation, including by broadening its applicability 
by including projects with other purposes (instead of just flood damage 
reduction) and by including the feasibility study of a project (instead 
of just design and construction).
    Statement of Need: The Corps may conduct a rulemaking to propose 
amendments to the Corps' regulations at 33 CFR part 241 for Corps 
projects. The WRDA 2000 modified Section 103(m) to also include the 
following mission areas: Environmental protection and restoration, 
flood control, navigation, storm damage protection, shoreline erosion, 
hurricane protection, and recreation or an agricultural water supply 
project which have not yet been added to the regulation. It also 
included the opportunity to cost share all phases of a USACE project to 
also include feasibility in addition to the already covered design and 
construction. This rule would provide a framework for deciding which 
projects are eligible for consideration for a reduction in the non-
Federal cost share based on ability to pay.
    Summary of Legal Basis: 33 U.S.C. 2213(m).
    Alternatives: The preferred alternative would be to conduct 
rulemaking to amend 33 CFR 241 by broadening the project purposes for 
which the Corps could reduce the non-Federal cost-share based on 
ability to pay and by allowing such a reduction for feasibility 
studies. The next best alternative would be to provide additional 
guidance instead of amending the existing regulation. This

[[Page 5039]]

alternative could lead to confusion for the regulated public.
    Anticipated Cost and Benefits: The proposed rule would add Corps 
procedures on the ability to pay provision allowing for consistent 
implementation across the Corps and clear understanding of the program 
and its requirements by the regulated public.
    Risks: The proposed action is not anticipated to increase risk to 
public health, safety, or the environment because it outlines the 
procedures the Corps will follow when evaluating the ability to pay 
provision for cost-sharing with the non-Federal sponsor.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: None.
    Agency Contact: Amy Frantz, Program Manager, Department of Defense, 
U.S. Army Corps of Engineers, CECW-P, 441 G Street NW, Washington, DC 
20314, Phone: 202 761-0106, Email: [email protected].
    Related RIN: Previously reported as 0710-AA91.
    RIN: 0710-AB34

DOD--COE

25. Revised Definition of ``Waters of the United States''--Rule 1

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: Undetermined.
    Legal Authority: 33 U.S.C. 1344
    CFR Citation: 33 CFR 328.
    Legal Deadline: None.
    Abstract: In April 2020, the EPA and the Department of the Army 
(``the agencies'') published the Navigable Waters Protection Rule 
(NWPR) that revised the previously codified definition of ``waters of 
the United States'' (85 FR 22250, April 21, 2020). The agencies are now 
initiating this new rulemaking process that restores the regulations 
(51 FR 41206) in place prior to the 2015 ``Clean Water Rule: Definition 
of 'Waters of the United States'' (80 FR 37054, June 29, 2015), updated 
to be consistent with relevant Supreme Court decisions. The agencies 
intend to consider further revisions in a second rule in light of 
additional stakeholder engagement and implementation considerations, 
scientific developments, and environmental justice values. This effort 
will also be informed by the experience of implementing the pre-2015 
rule, the 2015 Clean Water Rule, and the 2020 Navigable Waters 
Protection Rule.
    Statement of Need: In 2015, the Environmental Protection Agency and 
the Department of the Army (``the agencies'') published the ``Clean 
Water Rule: Definition of 'Waters of the United States (80 FR 37054, 
June 29, 2015).'' In April 2020, the agencies published the Navigable 
Waters Protection Rule (85 FR 22250, April 21, 2020). The agencies 
conducted a substantive re-evaluation of the definition of ``waters of 
the United States'' in accordance with the Executive Order 13990 and 
determined that they need to revise the definition to ensure the 
agencies listen to the science, protect the environment, ensure access 
to clean water, consider how climate change resiliency may be affected 
by the definition of waters of the United States, and to ensure 
environmental justice is prioritized in the rulemaking process.
    Summary of Legal Basis: The Clean Water Act (33 U.S.C. 1251 et 
seq.).
    Alternatives: Please see EPA's alternatives. EPA is the lead for 
this rulemaking action.
    Anticipated Cost and Benefits: Please see EPA's statement of 
anticipated costs and benefits. EPA is the lead for this rulemaking 
action.
    Risks: Please see EPA's risks. EPA is the lead for this rulemaking 
action.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Federalism: Undetermined.
    Agency Contact: Stacey M. Jensen, Office of the Assistant Secretary 
of the Army, Department of Defense, U.S. Army Corps of Engineers, 108 
Army Pentagon, Washington, DC 22202, Phone: 703 695-6791, Email: 
[email protected].
    RIN: 0710-AB40

DOD--COE

26.  Revised Definition of ``Waters of the United States''--
Rule 2 (Reg Plan Seq No. XX)

    Priority: Economically Significant. Major status under 5 U.S.C. 801 
is undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 33 U.S.C. 1344
    CFR Citation: 33 CFR 328.
    Legal Deadline: None.
    Abstract: The Department of the Army and the Environmental 
Protection Agency intend to pursue a second rule defining ``Waters of 
the United States'' to consider further revisions to the agencies' 
first rule (RIN 0710-AB40) which proposes to restore the regulations in 
place prior to the 2015 waters of the United States rule (51 FR 41206), 
updated to be consistent with relevant Supreme Court Decisions. This 
second rule proposes to include revisions reflecting on additional 
stakeholder engagement and implementation considerations, scientific 
developments, and environmental justice values. This effort will also 
be informed by the experience of implementing the pre-2015 rule, the 
2015 Clean Water Rule, and the 2020 Navigable Waters Protection Rule.
    Statement of Need: In 2015, the Environmental Protection Agency and 
the Department of the Army (``the agencies'') published the ``Clean 
Water Rule: Definition of 'Waters of the United States (80 FR 37054, 
June 29, 2015).'' In April 2020, the agencies published the Navigable 
Waters Protection Rule (85 FR 22250, April 21, 2020). The agencies 
conducted a substantive re-evaluation of the definition of ``waters of 
the United States'' in accordance with the Executive Order 13990 and 
determined that they need to revise the definition to ensure the 
agencies listen to the science, protect the environment, ensure access 
to clean water, consider how climate change resiliency may be affected 
by the definition of waters of the United States, and to ensure 
environmental justice is prioritized in the rulemaking process.
    Summary of Legal Basis: The Clean Water Act (33 U.S.C. 1251 et 
seq.).
    Alternatives: Please see EPA's alternatives. EPA is the lead for 
this rulemaking action.
    Anticipated Cost and Benefits: Please see EPA's statement of 
anticipated costs and benefits. EPA is the lead for this rulemaking 
action.
    Risks: Please see EPA's risks. EPA is the lead for this rulemaking 
action.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Stacey M. Jensen, Office of the Assistant Secretary 
of the Army, Department of Defense, U.S. Army Corps of Engineers, 108 
Army Pentagon, Washington, DC 22202, Phone: 703 695-6791, Email: 
[email protected].
    RIN: 0710-AB47


[[Page 5040]]



DOD--OFFICE OF ASSISTANT SECRETARY FOR HEALTH AFFAIRS (DODOASHA)

Final Rule Stage

27. Tricare Coverage and Payment for Certain Services in Response to 
the Covid-19 Pandemic

    Priority: Other Significant.
    Legal Authority: 5 U.S.C. 301; 10 U.S.C. ch. 55
    CFR Citation: 32 CFR 199.
    Legal Deadline: None.
    Abstract: The Department of Defense is finalizing an interim final 
rule that temporarily amended 32 CFR part 199 to revise: (1) 32 CFR 
part 199.4 to remove the restriction on audio-only telemedicine 
services; (2) 32 CFR part 199.6 to authorize reimbursement for 
interstate practice by TRICARE-authorized providers when such authority 
is consistent with State and Federal licensing requirements; and (3) 32 
CFR part 199.17 to eliminate copayments for telemedicine services. The 
changes in this rule are effective from the date published through the 
end of the coronavirus 2019 (COVID-19) pandemic. These changes reduce 
the spread of COVID-19 among TRICARE beneficiaries by incentivizing use 
of telemedicine services, and aid providers in caring for TRICARE 
beneficiaries by temporarily waiving some licensure requirements.
    The final rule adopts this interim final rule as final with 
changes.
    Statement of Need: Pursuant to the President's health emergency 
declaration and as a result of the worldwide coronavirus 2019 (COVID-
19) pandemic, the Assistant Secretary of Defense for Health Affairs 
hereby modifies the following regulations, but in each case, only to 
the extent necessary, as determined by the Director, Defense Health 
Agency, to encourage social distancing and prevent the spread of COVID-
19 by incentivizing the use of telehealth services, and to allow 
TRICARE-authorized providers to care for TRICARE beneficiaries wherever 
there is need as a result of the consequences of the COVID-19 pandemic.
    The modifications to section 199.4(g)(52) in this interim final 
rule (IFR) will allow TRICARE beneficiaries to obtain telephonic office 
visits with TRICARE-authorized providers for medically necessary care 
and treatment and allow reimbursement to those providers during the 
COVID-19 pandemic. It provides an exception to the regulatory exclusion 
prohibiting audio-only telephone services.
    The modifications to section 199.6(c)(2)(i) in this IFR will allow 
providers to be reimbursed for interstate practice, both in person and 
via telehealth, during the global pandemic so long as the provider 
meets the requirements for practicing in that State or under Federal 
law. It removes the requirement that the provider must be licensed in 
the State where practicing, even if that license is optional. For 
providers overseas, this will allow providers, both in person and via 
telehealth, to practice outside of the nation where licensed when 
permitted by the host nation.
    The modifications to section 199.17(l)(3) will remove cost-shares 
and copayments for telehealth services for TRICARE Prime and Select 
beneficiaries utilizing telehealth services with an in-network, 
TRICARE-authorized provider during the global pandemic. It adds in-
network telehealth services as a special cost-sharing rule to waive the 
beneficiary copay.
    Summary of Legal Basis: This rule is issued under 10 U.S.C. 1073 
(a)(2) giving authority and responsibility to the Secretary of Defense 
to administer the TRICARE program.
    Alternatives:
    (1) No action.
    (2) Only apply the regulatory modifications to COVID-19-related 
diagnoses. This was rejected because the effects of the COVID-19 
pandemic are causing stress on the entire health care system. The 
regulatory modifications in this IFR will take the pressure off of the 
health care system by: (1) Covering telephone appointments with a 
TRICARE-authorized provider and thereby supporting social distancing 
recommendations; (2) covering TRICARE-authorized providers practicing 
across state lines, thereby increasing the overall access to medical 
care and treatment; and (3) waiving all copayments for in-network 
telehealth services, thereby removing the potential cost barrier to 
obtaining medical services remotely and inducing demand for these 
services, reducing potential person-to-person transmission of COVID-19 
during medical appointments.
    Anticipated Cost and Benefits: Health Care Costs Associated with 
Removing Copays for Telehealth.
    There are three factors that would increase Department of Defense 
(DoD) health care costs due to this rule. First, the government would 
lose cost-sharing revenue paid by beneficiaries on the existing level 
of telehealth visits. Second, there would be induced demand costs, as 
removal of patient costs will increase patient demand for these 
services. Finally, there would be a substitution effect, as the COVID-
19 pandemic and removal of telehealth cost-shares would encourage a 
shift from in-person visits, for which beneficiaries would pay a copay, 
to telehealth visits, which would be free to beneficiaries.
    The below provides a summary of the combined government health care 
and administrative costs of the IFR.

                       Summary of Government Costs of the Proposed COVID-19 Telehealth IFR
----------------------------------------------------------------------------------------------------------------
            Government Healthcare Cost (HC)               3-Month scenario   6-Month scenario   9-Month scenario
----------------------------------------------------------------------------------------------------------------
Loss of copays on existing telehealth..................           $156,949           $313,897           $470,846
Induced demand.........................................            117,772            235,544            353,316
Loss of copays on in-person shifting to Telehealth.....         26,673,895         48,611,002         65,459,795
                                                        --------------------------------------------------------
    Subtotal, Government HC cost.......................         26,948,616         49,160,443         66,283,957
----------------------------------------------------------------------------------------------------------------
Start-up administrative cost...........................             67,494             67,494             67,494
                                                        --------------------------------------------------------
    Total Government Cost increase.....................         27,016,110         49,227,937         66,351,451
----------------------------------------------------------------------------------------------------------------

Beneficiary Cost Impact
    There are two types of savings for beneficiaries estimated here. 
First, beneficiaries would avoid the cost-sharing they otherwise would 
have paid on existing telehealth visits and on in-person visits that 
would shift to telehealth. It is estimated the cost-sharing savings to 
beneficiaries would be: $26,830,844 for a three-month scenario; 
$48,924,899 for a six-month scenario; and $65,930,641 for a nine-

[[Page 5041]]

month scenario. Second, for the share of historical visits that is 
estimated would shift from in-person to telehealth, beneficiaries would 
avoid travel time and time spent in the provider's waiting room. Two 
parameters were considered in developing the estimate of the value of 
time saved for TRICARE beneficiaries: (1) The average amount of time 
saved per visit, and (2) a monetized estimate of the value of the time 
saved, based on the opportunity cost of that time. See the below table 
Estimated Value to Beneficiaries for the combined results of avoided 
cost-sharing and dollar value of saved time.

                                        Estimated Value to Beneficiaries
----------------------------------------------------------------------------------------------------------------
                                                          3-Month scenario   6-Month scenario   9-Month scenario
----------------------------------------------------------------------------------------------------------------
Avoided cost-sharing...................................        $26,830,844        $48,924,899        $65,930,641
Dollar value of time saved.............................         17,085,995         31,089,668         41,384,466
                                                        --------------------------------------------------------
    Total estimated value to beneficiaries.............         43,916,839         80,014,567        107,315,107
----------------------------------------------------------------------------------------------------------------

    An important value to beneficiaries that is not feasible to 
estimate but worth noting is the possibility that shifting visits from 
in-person to telehealth might reduce the risk of COVID-19 exposure, 
with all the potential benefits that could accompany that reduced 
exposure risk. This reduced risk of COVID-19 exposure may also result 
in downstream reductions in cost to the TRICARE Program in avoided 
COVID-19 diagnostics and treatment.
    Risks: None. This rule will promote the efficient functioning of 
the economy and markets by temporarily modifying regulations to ensure 
that actors in the health care market (primarily health care providers) 
will continue to be reimbursed despite disruption in the health care 
ecosystem by the COVID-19 pandemic. Reimbursing providers despite 
changing licensing requirements and in ways that recognize the critical 
role telehealth will play in the coming months ensures that TRICARE 
supports not just its beneficiaries, but the economy in general.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   05/12/20  85 FR 27921
Interim Final Rule Effective........   05/12/20
Interim Final Rule Comment Period      06/11/20
 End.
Final Action........................   02/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Agency Contact: Erica Ferron, Defense Health Agency, Medical 
Benefits and Reimbursement Division, Department of Defense, Office of 
Assistant Secretary for Health Affairs, 16401 E Centretech Parkway, 
Aurora, CO 80011-9066, Phone: 303 676-3626, Email: 
[email protected].
    RIN: 0720-AB81

DOD--DODOASHA

28. Tricare Coverage of Certain Medical Benefits in Response to the 
Covid-19 Pandemic

    Priority: Other Significant.
    Legal Authority: 5 U.S.C. 301; 10 U.S.C. ch. 55
    CFR Citation: 32 CFR 199.
    Legal Deadline: None.
    Abstract: The Department of Defense is finalizing an interim final 
rule that temporarily amended 32 CFR part 199 to revise certain 
elements of the TRICARE program under 32 CFR part 199 to: (1) Waive the 
three-day prior hospital qualifying stay requirement for coverage of 
skilled nursing facility care; (2) add coverage for treatment use of 
investigational drugs under expanded access authorized by the United 
States (U.S.) Food and Drug Administration (FDA) when for the treatment 
of coronavirus disease 2019 (COVID-19); (3) waive certain provisions 
for acute care hospitals that permitted authorization of temporary 
hospital facilities and freestanding ambulatory surgical centers 
providing inpatient and outpatient hospital services; and, consistent 
with similar changes under the Centers for Medicaid and Medicare 
Services; (4) revise diagnosis related group (DRG) reimbursement by 
temporarily reimbursing DRGs at a 20 percent higher rate for COVID-19 
patients; and (5) waive certain requirements for long term care 
hospitals. The final action permanently adopts Medicare's New 
Technology Add-On Payments adjustment to DRGs for new medical services 
and technologies and adopted Medicare's Hospital Value Based Purchasing 
Program.
    The final rule adopts the interim final rule with changes, except 
for the note to section 199.4(g)(15)(i)(A), published at 85 FR 54923, 
September 3, 2020, which remains interim.
    Statement of Need: Pursuant to the President's emergency 
declaration and as a result of the worldwide coronavirus disease 2019 
(COVID-19) pandemic, the Assistant Secretary of Defense for Health 
Affairs is temporarily modifying the following regulations, but in each 
case, only to the extent necessary to ensure that TRICARE beneficiaries 
have access to the most up-to-date care required for the diagnosis and 
treatment of COVID-19, and that TRICARE continues to reimburse like 
Medicare, to the extent practicable, as required by statute.
    The modification to paragraph 199.4(b)(3)(xiv) waives the 
requirement for a minimum three-day prior hospital stay, not including 
leave day, for coverage of a skilled nursing facility admission. This 
provision reduces stress on acute care hospitals.
    The modification to paragraph 199.4(g)(15) permits cost-sharing of 
investigational new drugs (INDs). This provision also increases access 
to emerging therapies.
    The modification to paragraph 199.6(b)(4)(i) waives certain 
provisions for acute care hospitals that will permit authorization of 
temporary hospital facilities and freestanding ambulatory surgical 
centers. This provision supports increased access to acute care.
    The modifications to paragraph 199.14(a)(1)(iii)(E) increase the 
diagnosis related group (DRG) amount by 20 percent for an individual 
diagnosed with COVID-19 and adopt Medicare's New Technology Add-On 
Payments (NTAPs) and Hospital Value-Based Purchasing (HVBP) Program. 
These provisions support the requirement that TRICARE reimburse like 
Medicare. The NTAPs and HVBP Program are adopted permanently.
    The modification to paragraph 199.14(a)(9) waives site neutral 
payment provisions by reimbursing all long-term care hospitals (LTCHs) 
at the standard federal rate for claims. This provision supports the 
requirement that TRICARE reimburse like Medicare.
    Summary of Legal Basis: This rule is issued under 10 U.S.C. 1073 
(a)(2)

[[Page 5042]]

giving authority and responsibility to the Secretary of Defense to 
administer the TRICARE program.
    Alternatives:
    (1) No action.
    (2) The second alternative the Department of Defense considered was 
implementing a more limited benefit change for COVID-19 patients by not 
covering treatment INDs. While this would have the benefit of 
reimbursing only care that has more established evidence in its favor, 
this alternative is not preferred because early access to treatments is 
critical for TRICARE beneficiaries given the rapid progression of the 
disease and the lack of available approved treatments.
    Anticipated Cost and Benefits: Health Care and Administrative 
Costs.
    The cost estimates related to the changes discussed in this Interim 
Final Rule (IFR) include incremental health care cost increases as well 
as administrative costs to the government. The duration of the COVID-19 
national emergency and Health and Human Services Public Health 
Emergency (PHE) are uncertain, resulting in a range of estimates for 
each provision in this IFR. Cost estimates are provided for an 
approximate nine-month (ending 12/31/2020) and eighteen-month scenario 
(ending 9/30/2021). The nine-month and 18-month periods would be longer 
for those provisions applicable beginning in January of this year, and 
shorter for those effective the date this IFR publishes. The terms 
nine-month and 18-month period are used throughout this estimate for 
the sake of simplicity.
    The cost estimates consider whether the outbreak will have more 
than one active stage. The first active stage is considered to be March 
through August 2020, based on the Institutes for Health Metrics and 
Evaluation data as of May 12, 2020 (https://covid19.healthdata.org/united-states-of-america). A two-wave scenario would have a second 
stage in winter/spring 2021, while a three-wave scenario would have 
additional waves from September 2020 to December 2020 and from January 
2021 to June 2021.
    Based on these factors, we estimate that the total cost estimate 
for this IFR will be between $43.6M and $59.4M for a nine-month period, 
and $66.3M to $82.1M for an 18-month period. This estimate includes 
just over $1M in administrative start-up costs and no ongoing 
administrative costs. The primary cost drivers in this analysis are the 
reimbursement changes being adopted under the statutory requirement 
that TRICARE reimburse like Medicare; that is, the 20 percent DRG 
increase for COVID-19 patients, the adoption of NTAPs and HVBP, and the 
waiver of LTCH site neutral payment reductions.
    A breakdown of costs, by provision, is provided in the below table. 
A discussion of assumptions follows.

------------------------------------------------------------------------
                                            Nine-month    Eighteen-month
                Provision                    scenario        scenario
------------------------------------------------------------------------
Paragraph 199.4(b)(3)(xiv) SNF Three-Day           $0.3M           $0.6M
 Prior Stay Waiver......................
Paragraph 199.4(g)(15)(A) INDs for COVID-      0.7M-2.2M       2.7M-4.2M
 19.....................................
Paragraph 199.6(b)(4)(i) Temporary                    0M              0M
 Hospitals and Freestanding ASCs
 Registering as Hospitals...............
Paragraph 199.14(a)(1)(iii)(E)(2) 20           27.7M-42M     37.1M-51.4M
 Percent DRG Increase for COVID-19
 Patients...............................
Paragraph 199.14(a)(1)(iii)(E)(5) NTAPs.            5.7M           11.6M
Paragraph 199.14(a)(1)(iii)(E)(6) HVBP..            2.5M            2.5M
Paragraph 199.14(a)(9) LTCH Site Neutral            5.6M           10.6M
 Payments...............................
Administrative Costs....................            1.1M            1.2M
                                         -------------------------------
    Estimated Total Cost Impact.........     43.6M-59.4M     66.3M-82.1M
------------------------------------------------------------------------

Benefits to the TRICARE Program
    Depending on the impact of certain provisions of this IFR, some 
cost savings could be achieved from a reduction in hospitalization 
rates (i.e., use of treatment INDs), estimated from no savings to $40M 
over 18 months. The amount of cost-savings achieved will be determined 
by the therapies developed, how widespread their usage is, the extent 
to which the therapies are authorized as treatment INDs, the 
effectiveness of the therapies in reducing hospitalizations and/or the 
use of mechanical ventilators, and how long the therapies remain as 
INDs before transitioning to United States Food and Drug 
Administration-approval, clearance, or emergency use authorization.
    Any benefits achieved in reduced hospitalizations and/or mechanical 
ventilator use are also benefits to TRICARE beneficiaries, for whom 
avoidance of more serious COVID-19 illness is of paramount concern. 
While we cannot estimate the value of this avoidance in quantitative 
figures, the potential long-term consequences of a serious COVID-19 
illness, including permanent cardiac or lung damage, are not 
insignificant. If beneficiaries are able to access emerging therapies 
that prevent long-term consequences (including death), this will be a 
benefit to the beneficiary.
    The largest creators of costs under this IFR (reimbursement 
changes) are not anticipated or intended to create any cost savings. 
However, these changes will benefit TRICARE institutional providers and 
take stress off the entire health care system by ensuring adequate 
reimbursement during the PHE, at a time during which hospitals are 
losing revenue due to reduced elective procedures and patients who 
delay care due to fears of contracting COVID-19 during health care 
encounters. Ensuring a robust health care system is of benefit to our 
beneficiaries and the general public, particularly in rural or 
underserved areas, even though this benefit is not quantifiable.
    Risks:
    None. This rule will promote the efficient functioning of the 
economy and markets by modifying the regulations to better reimburse 
health care providers for care provided during the COVID-19 pandemic, 
particularly as strain on the health care economy is being felt due to 
reductions in higher cost elective procedures.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   09/03/20  85 FR 54915
Interim Final Rule Effective........   09/03/20
Interim Final Rule Comment Period      11/02/20
 End.
Final Action........................   02/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Agency Contact: Erica Ferron, Defense Health Agency, Medical 
Benefits and Reimbursement Division, Department of Defense, Office of 
Assistant Secretary for Health Affairs, 16401 E Centretech

[[Page 5043]]

Parkway, Aurora, CO 80011-9066, Phone: 303 676-3626, Email: 
[email protected].
    RIN: 0720-AB82

DOD--DODOASHA

29. TRICARE Coverage of National Institute of Allergy and Infectious 
Disease Coronavirus Disease 2019 Clinical Trials

    Priority: Other Significant.
    Legal Authority: 5 U.S.C. 301; 10 U.S.C. ch 55
    CFR Citation: 32 CFR 199.
    Legal Deadline: None.
    Abstract: The Department of Defense is finalizing an interim final 
rule that temporarily amended 32 CFR 199 to revise certain elements of 
the TRICARE program, to add coverage for National Institute of Allergy 
and Infectious Disease-sponsored clinical trials for the treatment or 
prevention of coronavirus disease 2019 (COVID-19).
    Statement of Need: Pursuant to the President's national emergency 
declaration and as a result of the worldwide COVID-19 pandemic, the 
Assistant Secretary of Defense for Health Affairs hereby temporarily 
modifies the regulation at 32 CFR 199.4(e)(26) to permit TRICARE 
coverage for National Institute of Allergy and Infectious Disease 
(NIAID)-sponsored COVID-19 phase I, II, III, and IV clinical trials for 
the treatment or prevention of coronavirus disease 2019 (COVID-19). 
This provision supports increased access to emerging therapies for 
TRICARE beneficiaries.
    Summary of Legal Basis: This rule is issued under 10 U.S.C. 1079 
giving authority and responsibility to the Secretary of Defense to 
administer the TRICARE program.
    Alternatives:
    (1) No action.
    (2) The second alternative the DoD considered was implementing a 
more limited benefit change for COVID-19 patients by not covering phase 
I clinical trials. Although this would have the benefit of reimbursing 
only care that has more established evidence in its favor, this 
alternative is not preferred because early access to treatments is 
critical for TRICARE beneficiaries given the rapid progression of the 
disease and the lack of available approved treatments.
    Anticipated Cost and Benefits:
    Costs: We estimate the total cost for TRICARE participation in 
NIAID-sponsored COVID-19 clinical trials will be $3.2M for the duration 
of the national emergency, with an additional $4.0M for continued care 
for beneficiaries enrolled in clinical trials prior to termination of 
the national emergency. There were several assumptions we made in 
developing this estimate. The duration of the COVID-19 national 
emergency is uncertain; however, for the purposes of this estimate, we 
assumed the national emergency would expire on September 30, 2021. As 
of the drafting of this IFR, there were 27 NIAID-sponsored COVID-19 
clinical trials begun since the start of the national emergency. We 
assumed 6.2 new trials every 30 days, for a total of 126 trials by 
September 2021. We assumed, based on average trial enrollment and that 
TRICARE beneficiaries would participate in trials at the same rate as 
the general population, that 4,549 TRICARE beneficiaries would 
participate through September 2021. Each of the assumptions in this 
estimate is highly uncertain, and our estimate could be higher or lower 
depending on real world events (more or fewer trials, a longer or 
shorter national emergency, and/or higher or lower participation in 
clinical trials by TRICARE beneficiaries).
    Benefits: These changes expand the therapies available to TRICARE 
beneficiaries in settings that ensure informed consent of the 
beneficiary, and where the benefits of treatment outweigh the potential 
risks. Participation in clinical trials may provide beneficiaries with 
benefits such as reduced hospitalizations and/or use of a mechanical 
ventilator. Although we cannot estimate the value of avoiding these 
outcomes quantitatively, the potential long-term consequences of 
serious COVID-19 illness, including permanent cardiac or lung damage, 
are not insignificant. Beneficiary access to emerging therapies that 
reduce these long-term consequences or even death can be considered to 
be high-value for those able to participate.
    TRICARE providers will be positively affected by being able to 
provide their patients with a broader range of treatment options. The 
general public will benefit from an increased pool of available 
participants for the development of treatments and vaccines for COVID-
19, as well as the evidence (favorable or otherwise) that results from 
this participation.
    Risks: None. This rule will not directly affect the efficient 
functioning of the economy or private markets. However, increasing the 
pool of available participants for clinical trials may help speed the 
development of treatments or vaccines for COVID-19. Once effective 
treatments or vaccines for COVID-19 exist, individuals are likely to be 
more confident interacting in the public sphere, resulting in a 
positive impact on the economy and private markets.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   10/30/20  85 FR 68753
Interim Final Rule Effective........   10/30/20
Interim Final Rule Comment Period      11/30/20
 End.
Final Action........................   06/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Agency Contact: Erica Ferron, Defense Health Agency, Medical 
Benefits and Reimbursement Division, Department of Defense, Office of 
Assistant Secretary for Health Affairs, 16401 E Centretech Parkway, 
Aurora, CO 80011-9066, Phone: 303 676-3626, Email: 
[email protected].
    RIN: 0720-AB83

DOD--DODOASHA

30. Expanding TRICARE Access to Care in Response to the COVID-19 
Pandemic

    Priority: Other Significant.
    Legal Authority: 5 U.S.C. 301; 10 U.S.C. ch. 55
    CFR Citation: 32 CFR 199
    Legal Deadline: None.
    Abstract: This interim final rule with comment will temporarily 
amend the TRICARE regulation at 32 CFR part 199 by: (1) Adding 
freestanding End Stage Renal Disease facilities as a category of 
TRICARE-authorized institutional provider and modifying the 
reimbursement for such facilities; (2) adding coronavirus 2019 (COVID-
19) Immunizers who are not otherwise an eligible TRICARE-authorized 
provider as providers eligible for reimbursement for COVID-19 vaccines 
and vaccine administration; (3) and adopting Medicare New COVID-19 
Treatments Add-on Payments (NTCAPs).
    Statement of Need: Pursuant to the President's emergency 
declaration and as a result of the COVID-19 pandemic, the Assistant 
Secretary of Defense for Health Affairs is temporarily modifying the 
following regulations (except for the modifications to paragraphs 
199.6(b)(4)(xxi) and 199.14(a)(1)(iii)(E)(7), which will not expire), 
but, in each case, only to the extent necessary to ensure that TRICARE 
beneficiaries have access to the most up-to-date care required for the 
prevention, diagnosis, and treatment of

[[Page 5044]]

COVID-19, and that TRICARE continues to reimburse like Medicare, to the 
extent practicable, as required by statute.
    The modifications to paragraphs 199.6(b)(4)(xxi) and 
199.14(a)(1)(iii)(E)(7) establish freestanding End Stage Renal Disease 
(ESRD) facilities as a category of TRICARE-authorized institutional 
provider and modify TRICARE reimbursement of freestanding ESRD 
facilities. These provisions will improve TRICARE beneficiary access to 
medically necessary dialysis and other ESRD services and supplies. 
These provisions also support the requirement that TRICARE reimburse 
like Medicare, and will help to alleviate regional health care 
shortages due to the COVID-19 pandemic by ensuring access to dialysis 
care in freestanding ESRD facilities rather than hospital outpatient 
departments.
    The modification to paragraph 199.14(a)(iii)(E) adopts Medicare's 
New COVID-19 Treatments Add-on Payment (NCTAP) for COVID-19 cases that 
meet Medicare's criteria. This provision increases access to emerging 
COVID-19 treatments and supports the requirement that TRICARE reimburse 
like Medicare.
    The modification to paragraph 199.6(d)(7) adds providers who 
administer COVID-19 vaccinations, but are not otherwise authorized 
under 199.6, as TRICARE-authorized providers. This provision increases 
access to COVID-19 vaccinations. This provision increases access to 
COVID-19 vaccines for eligible TRICARE beneficiaries and supports the 
United States (U.S.) public health goal of ending the COVID-19 
pandemic.
    Summary of Legal Basis: This rule is issued under 10 U.S.C. 
1073(a)(2) giving authority and responsibility to the Secretary of 
Defense to administer the TRICARE program.
    Alternatives:
    (1) No action.
    (2) The second alternative the Department of Defense considered was 
to adopt Medicare's ESRD reimbursement methodology, the ESRD 
Prospective Payment System (PPS), in total. While this would have been 
completely consistent with the statutory provision to pay institutional 
providers using the same reimbursement methodology as Medicare, this 
alternative is not preferred because there is still a relatively low 
volume of TRICARE beneficiaries who receive dialysis services from 
freestanding ESRDs and who are not enrolled to Medicare. The cost of 
implementing the full ESRD PPS system is estimated to be at least 
$600,000.00 in start-up costs, plus ongoing administrative costs, to 
ensure all adjustments were made for each claim, plus additional 
special pricing software or algorithms. In contrast, we estimate that 
the option provided in this IFR can be implemented relatively quickly 
(within six months of publication), and for approximately $300,000.00 
in start-up costs with lower ongoing administrative costs. Further, the 
flat rate will provide the ESRD facilities with predictability with 
regard to TRICARE payments and will reduce uncertainty and specialized 
coding or case-mix documentation requirements that may be required by 
the ESRD PPS, reducing the administrative burden on the provider.
    To summarize, adopting the ESRD PPS was considered, but was deemed 
impracticable and overly burdensome to both the Government and 
providers due to the relative low volume of claims that will be priced 
and paid by TRICARE as primary under this system.
    Anticipated Cost and Benefits: Health Care and Administrative 
Costs.
    The Independent Cost A by Kennell and Associates, Inc., estimates a 
total of $6.8M. Only the ESRD provisions are expected to result in 
recurring incremental health care costs; the remaining two provisions 
are expected to result in one-time cost increases. For these temporary 
changes to the regulation, our cost estimate assumes that the majority 
of adults in the U.S. will be vaccinated by September 2021, based on 
the most recent information provided by Federal and state agencies, 
and, as a result, that the President's emergency declaration and the 
public health emergency relating to the COVID-19 pandemic will end by 
September 2021. While this estimate would have the President's 
emergency declaration end shortly after publication of the rule, the 
COVID-19 pandemic contains substantial uncertainty including the 
possibility of a virus variant resistant to current vaccines. As such, 
we find it appropriate to make these regulatory changes despite the 
potential short effective period, as the end of the pandemic is by no 
means a certainty.
    Based on these factors, as well as the assumptions for each 
provision detailed below, we estimate that the total cost estimate for 
this Interim Final Rule (IFR) will be approximately $6.8M. This 
estimate includes approximately $0.9M in administrative costs and $5.9M 
in direct health care costs. $1.8M of the total cost impact is expected 
to be a one-time start-up cost for both the temporary and permanent 
provisions, while the permanent ESRD provisions are expected to result 
in $5M in incremental annual costs.
    A breakdown of costs, by provision, is provided in the below table.

------------------------------------------------------------------------
                        Provision                              Costs
------------------------------------------------------------------------
Add Freestanding ESRD Facilities as TRICARE-Authorized             $5.3M
 Institutional Providers and Modify ESRD Reimbursement..
Temporarily Authorize Immunizers Providing COVID-19                 0.4M
 Vaccines...............................................
Temporarily Adopt DRG Add-On Payment for NCTAPs.........            1.1M
                                                         ---------------
    Estimated Total Cost Impact.........................            6.8M
------------------------------------------------------------------------

    Risks: None. This rule will promote the efficient functioning of 
the economy and markets by modifying the regulations to better 
reimburse health care providers for care provided during the COVID-19 
pandemic, particularly as strain on the health care economy is being 
felt due to reductions in higher cost elective procedures. 
Additionally, this rule will increase the access of TRICARE 
beneficiaries to more providers administering COVID-19 vaccinations, 
which promotes the efficient functioning of the U.S. economy by 
quickening the pace at which the public receives COVID-19 vaccinations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   11/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Jahanbakhsh Badshah, Healthcare Program 
Specialist--Reimbursement, Department of Defense, Office of Assistant 
Secretary for Health Affairs, 16401 E. Centretech Parkway, Aurora, CO 
80011, Phone: 303 676-3881, Email: [email protected].

[[Page 5045]]

    RIN: 0720-AB85
BILLING CODE 5001-06-P

DEPARTMENT OF EDUCATION

Statement of Regulatory Priorities

I. Introduction

    The U.S. Department of Education (Department) supports States, 
local communities, institutions of higher education, and families in 
improving education and other services nationwide to ensure that all 
Americans, including those with disabilities and who have been 
underserved, receive a high-quality and safe education and are prepared 
for employment that provides a livable wage. We provide leadership and 
financial assistance pertaining to education and related services at 
all levels to a wide range of stakeholders and individuals, including 
State educational and other agencies, local school districts, providers 
of early learning programs, elementary and secondary schools, 
institutions of higher education, career and technical schools, 
nonprofit organizations, students, members of the public, families, and 
many others. These efforts are helping to advance equity, recover from 
the COVID-19 pandemic, and ensure that all children and students from 
pre-kindergarten through grade 12 will be ready for, and succeed in, 
postsecondary education, and employment, and that students attending 
postsecondary institutions, or participating in other postsecondary 
education options, are prepared for a profession or career.
    We also vigorously monitor and enforce the implementation of 
Federal civil rights laws in educational programs and activities that 
receive Federal financial assistance from the Department, and support 
innovative and promising programs, research and evaluation activities, 
technical assistance, and the dissemination of data, research, and 
evaluation findings to improve the quality of education.
    Overall, the laws, regulations, and programs that the Department 
administers will affect nearly every American during his or her life. 
Indeed, in the 2020-21 school year, about 56 million students attended 
an estimated 131,000 elementary and secondary schools in approximately 
13,600 districts, and about 20 million students were enrolled in 
postsecondary schools. Many of these students may benefit from some 
degree of financial assistance or support from the Department.
    In developing and implementing regulations, guidance, technical 
assistance, evaluations, data gathering and reporting, and monitoring 
related to our programs, we are committed to working closely with 
affected persons and groups. Our core mission includes serving the most 
vulnerable, and facilitating equal access for all, to ensure all 
students receive a high-quality and safe education, and complete it 
with a well-considered and attainable path to a sustainable career. 
Toward these ends, we work with a broad range of interested parties and 
the general public, including families, students, and educators; State, 
local, and Tribal governments; other Federal agencies; and neighborhood 
groups, community-based early learning programs, elementary and 
secondary schools, postsecondary institutions, rehabilitation service 
providers, adult education providers, professional associations, civil 
rights, nonprofits, advocacy organizations, businesses, and labor 
organizations.
    If we determine that it is necessary to develop regulations, we 
seek public participation at the key stages in the rulemaking process. 
We invite the public to submit comments on all proposed regulations 
through the internet or by regular mail. We also continue to seek 
greater public participation in our rulemaking activities through the 
use of transparent and interactive rulemaking procedures and new 
technologies.
    To facilitate the public's involvement, we participate in the 
Federal Docket Management System (FDMS), an electronic single 
Government-wide access point (www.regulations.gov) that enables the 
public to submit comments on different types of Federal regulatory 
documents and read and respond to comments submitted by other members 
of the public during the public comment period. This system provides 
the public with the opportunity to submit comments electronically on 
any notice of proposed rulemaking or interim final regulations open for 
comment as well as read and print any supporting regulatory documents.

II. Regulatory Priorities

    The following are the key rulemaking actions the Department is 
planning for the coming year. These rulemaking actions advance the 
Department's mission of ``promot[ing] student achievement and 
preparation for global competitiveness by fostering educational 
excellence and ensuring equal access.'' These rulemaking actions also 
advance the President's priorities of ensuring that every American has 
access to a high-quality education, regardless of background, and that 
government should affirmatively work to expand educational 
opportunities for underserved communities. During his first year in 
office, the President has repeatedly made clear the importance of 
advancing equity and opportunity for those who have historically been 
underserved, both as a general matter and with regard to the education 
system in particular. See Executive Order 13985 (On Advancing Racial 
Equity and Support for Underserved Communities Through the Federal 
Government); Executive Order 14021 (Guaranteeing an Educational 
Environment Free From Discrimination on the Basis of Sex, Including 
Sexual Orientation or Gender Identity); Executive Order 14041 (White 
House Initiative on Advancing Educational Equity, Excellence, and 
Economic Opportunity Through Historically Black Colleges and 
Universities); Executive Order 14045 (White House Initiative on 
Advancing Educational Equity, Excellence, and Economic Opportunity for 
Hispanics); Executive Order 14049 (White House Initiative on Advancing 
Educational Equity, Excellence, and Economic Opportunity for Native 
Americans and Strengthening Tribal Colleges and Universities); and 
Executive Order 14050 (White House Initiative on Advancing Educational 
Equity, Excellence, and Economic Opportunity for Black Americans). The 
rulemaking actions on the Department's agenda seek to advance the 
President's priorities, as set out in these executive orders and more 
broadly. The rules below cover a wide range of topics, and a wide range 
of educational institutions--from those serving our youngest children 
to colleges, universities, and adult education programs. In each of 
these contexts, promoting equity and opportunity for students who have 
been historically underserved is central to the Department's regulatory 
plan.
    These key rulemakings include Public Service Loan Forgiveness, 
Income Contingent Repayment, Improving Student Loan Cancellation 
Authorities, Pell Grants for Prison Education Programs, State-Defined 
Processes for Ability to Benefit, and Civil Rights, such as Title IX 
Nondiscrimination on the Basis of Sex in Education Program or 
Activities Receiving Federal Financial Assistance. For example, the 
Pell Grants for Prison Education Programs rule would support increased 
educational opportunities for individuals who are incarcerated and 
provide quality options for individuals in this underserved community. 
Additionally, the Income Contingent Repayment rule would make student 
loan payments

[[Page 5046]]

more affordable for borrowers, with a particular goal of helping 
increase educational opportunities for many low-income borrowers. The 
Department has also dispersed billions of dollars in funding during the 
COVID-19 pandemic to address inequities exacerbated by the pandemic, 
which targets resources to historically underserved groups of students 
and those students most impacted by the pandemic through the American 
Rescue Plan and other relief efforts.
    For rulemakings that we are just beginning now, we have limited 
information about their potential costs and benefits. We note that some 
policies that were previously included in the Spring Unified Agenda, 
such as policies impacting the magnet schools and charter school 
programs, are still part of the Department's plans but do not require 
regulation and, therefore, are not included as items in the Fall 
regulatory agenda or in this regulatory plan. We have also identified 
the Innovative Assessment Demonstration Authority (IADA) rulemaking as 
a long-term action because we are waiting for the forthcoming progress 
report on the initial demonstration authority to inform any potential 
regulatory proposal.

Postsecondary Education/Federal Student Aid

    The Department's upcoming higher education regulatory efforts 
include the following areas:

 Public Service Loan Forgiveness
 Borrower Defense to Repayment
 Improving Student Loan Cancellation Authorities
 Income Contingent Repayment
 Pell Grants for Prison Education Programs
 Gainful Employment
 90/10 rule

These areas are focused on several general areas which include 
improving the rules governing student loan repayment and targeted 
student loan cancellation authorities and protecting students and 
taxpayers from poor-performing programs, among other topics. These 
rulemakings reflect the Department's commitment to serving students and 
borrowers well and protecting them from harmful programs and practices 
that may derail their postsecondary and career goals. Through these 
regulatory efforts, the Department plans to address gaps in 
postsecondary outcomes, particularly those related to student loan 
repayment, affordability, and default. The Department is also focused 
on the disparate impacts by income, race/ethnicity, gender, disability 
status, and other demographic characteristics that may affect students' 
postsecondary and career goals. For its higher education rulemakings, 
generally the Department uses a negotiated rulemaking process. We have 
selected participants for the negotiated rulemaking committees from 
nominees of the organizations and groups that represent the interests 
significantly affected by the proposed regulations. To the extent 
possible, we selected nominees who reflect the diversity among program 
participants.
    Specifically, the Department is currently conducting negotiated 
rulemaking addressing, among other things, student loan repayment and 
targeted student loan discharges by improving Public Service Loan 
Forgiveness, Borrower Defense to Repayment, and other targeted student 
loan cancellation authorities. On Income Contingent Repayment, the 
Department plans to create or adjust an income-contingent repayment 
plan that would allow borrowers to more easily afford their student 
loan payments. For Public Service Loan Forgiveness, the Department 
plans to streamline the process for receiving loan forgiveness after 10 
years of qualifying payments on qualifying loans while engaging in 
public service. For Borrower Defense, the Secretary plans to amend the 
regulations that specify the acts or omissions of an institution of 
higher education that a borrower may assert as a defense to repayment 
of a loan made under the Federal Direct Loan Program. In Improving 
Student Loan Cancellation Authorities, the Department plans to propose 
improvements in areas where Congress has provided borrowers with relief 
or benefits related to Federal student loans. This includes authorities 
granted under the Higher Education Act (HEA) that allow the Department 
to cancel loans for borrowers who meet certain criteria, such as having 
a total and permanent disability, attending a school that closed, or 
having been falsely certified for a student loan. For these borrowers, 
the Secretary plans to amend the regulations relating to borrower 
eligibility and streamline application requirements and the application 
and certification processes. To increase access to educational 
opportunities, the Department also plans to propose regulations that 
would guide correctional facilities and eligible institutions of higher 
education that seek to establish eligibility for the Pell Grant program 
for individuals who are incarcerated.
    The Department also plans to conduct negotiated rulemaking on 
Gainful Employment and how to determine the amount of Federal 
educational assistance received by institutions of higher education 
through implementation of the 90/10 rule. For Gainful Employment, the 
Department plans to propose regulations on program eligibility under 
the HEA, including regulations that determine whether postsecondary 
educational programs prepare students for gainful employment in 
recognized occupations, and the conditions under which programs remain 
eligible for student financial assistance programs under title IV of 
the HEA. On the 90/10 rule, in response to changes to the HEA made by 
the American Rescue Plan Act of 2021, the Department plans to amend 
provisions governing whether proprietary institutions meet requirements 
that institutions receive at least 10 percent of their revenue from 
sources other than Federal education assistance funds.

Civil Rights/Title IX

    The Secretary is planning a new rulemaking to amend its regulations 
implementing Title IX of the Education Amendments of 1972, as amended, 
consistent with the priorities of the Biden-Harris Administration. 
These priorities include those set forth in Executive Order 13988 on 
Preventing and Combating Discrimination on the Basis of Gender Identity 
or Sexual Orientation and Executive Order 14021 on Guaranteeing an 
Educational Environment Free from Discrimination on the Basis of Sex, 
Including Sexual Orientation and Gender Identity.

Student Privacy

    The Department is considering policy options to amend the Family 
Educational Rights and Privacy Act (FERPA) regulations, to update, 
clarify, and improve the current regulations. The proposed regulations 
are also needed to implement statutory amendments to FERPA contained in 
the Uninterrupted Scholars Act of 2013 and the Healthy, Hunger-Free 
Kids Act of 2010, to reflect a change in the name of the office 
designated to administer FERPA, and to make changes related to the 
enforcement responsibilities of the office concerning FERPA.

COVID-19 Regulations

    As part of the Biden-Harris Administration's efforts to combat 
COVID-19, safely reopen and support schools, and implement the American 
Rescue Plan Act (ARP), the Department has issued: Interim final 
requirements to promote accountability, transparency, and the effective 
use of ARP Elementary and Secondary School Emergency Relief

[[Page 5047]]

Funds; a request for information regarding implementation of the 
statutory requirements for ARP's maintenance of equity (a first-of-its-
kind requirement to protect schools and districts serving students from 
low-income backgrounds from harmful budget cuts); final requirements to 
clarify the requirements applicable to the ARP Emergency Assistance to 
Non-Public Schools program; amended regulations so that an institution 
of higher education (IHE) may appropriately determine which individuals 
currently or previously enrolled at an institution are eligible to 
receive emergency financial aid grants to students under the Higher 
Education Emergency Relief programs; and a final rule regarding the 
allocations to Historically Black Colleges and Universities (HBCUs) 
awarded under section 314(a)(2) of the Coronavirus Response and Relief 
Supplemental Appropriations Act, 2021 (CRRSAA).

III. Principles for Regulating

    Over the next year, we may need to issue other regulations because 
of new legislation or programmatic changes. In doing so, we will follow 
the Principles for Regulating, which determine when and how we will 
regulate. Through consistent application of those principles, we have 
eliminated unnecessary regulations and identified situations in which 
major programs could be implemented without regulations or with limited 
regulatory action.
    In deciding when to regulate, we consider the following:
     Whether regulations are essential to promote quality and 
equality of opportunity in education.
     Whether a demonstrated problem cannot be resolved without 
regulation.
     Whether regulations are necessary to provide a legally 
binding interpretation to resolve ambiguity.
     Whether entities or situations subject to regulation are 
similar enough that a uniform approach through regulation would be 
meaningful and do more good than harm.
     Whether regulations are needed to protect the Federal 
interest, that is, to ensure that Federal funds are used for their 
intended purpose and to eliminate fraud, waste, and abuse.
    In deciding how to regulate, we are mindful of the following 
principles:
     Regulate no more than necessary.
     Minimize burden to the extent possible and promote 
multiple approaches to meeting statutory requirements if possible.
     Encourage coordination of federally funded activities with 
State and local reform activities.
     Ensure that the benefits justify the costs of regulating.
     To the extent possible, establish performance objectives 
rather than specify the behavior or manner of compliance a regulated 
entity must adopt.
     Encourage flexibility, to the extent possible and as 
needed to enable institutional forces to achieve desired results.

ED--OFFICE FOR CIVIL RIGHTS (OCR)

Proposed Rule Stage

31. Nondiscrimination on the Basis of Sex in Education Programs or 
Activities Receiving Federal Financial Assistance

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 20 U.S.C. 1681 et seq.
    CFR Citation: 34 CFR 106.
    Legal Deadline: None.
    Abstract: The Department plans to propose to amend its regulations 
implementing Title IX of the Education Amendments of 1972, 20 U.S.C. 
1681 et seq., consistent with the priorities of the Biden-Harris 
Administration. These priorities include those set forth in Executive 
Order 13988 on Preventing and Combating Discrimination on the Basis of 
Gender Identity or Sexual Orientation and Executive Order 14021 on 
Guaranteeing an Educational Environment Free from Discrimination on the 
Basis of Sex, Including Sexual Orientation and Gender Identity. We 
anticipate this rulemaking may include, but would not be limited to, 
amendments to 34 CFR 106.8 (Designation of coordinator, dissemination 
of policy, and adoption of grievance procedures), 106.30 (Definitions), 
106.44 (Recipient's response to sexual harassment), and 106.45 
(Grievance process for formal complaints of sexual harassment).
    Statement of Need: This rulemaking is necessary to align the Title 
IX regulations with the priorities of the Biden-Harris Administration, 
including those set forth in the Executive Order on Preventing and 
Combating Discrimination on the Basis of Gender Identity or Sexual 
Orientation (E.O. 13988) and the Executive Order on Guaranteeing an 
Educational Environment Free from Discrimination on the Basis of Sex, 
Including Sexual Orientation and Gender Identity (E.O. 14021).
    Summary of Legal Basis: We are conducting this rulemaking under 20 
U.S.C. 1681 et seq.
    Alternatives: We have limited information about the alternatives at 
this time.
    Anticipated Cost and Benefits: We have limited information about 
the anticipated costs and benefits at this time.
    Risks: We have limited information about the risks at this time.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Anne Hoogstraten, Department of Education, Office 
for Civil Rights, 400 Maryland Avenue SW, Room PCP-6148, Washington, DC 
20202, Phone: 202 245-7466, Email: [email protected].
    RIN: 1870-AA16

ED--OFFICE OF PLANNING, EVALUATION AND POLICY DEVELOPMENT (OPEPD)

Proposed Rule Stage

32. Family Educational Rights and Privacy Act

    Priority: Other Significant.
    Legal Authority: 20 U.S.C. 1232g; 20 U.S.C. 1221e-3; 20 U.S.C. 3474
    CFR Citation: 34 CFR 99.
    Legal Deadline: None.
    Abstract: The Department plans to propose to amend the Family 
Educational Rights and Privacy Act (FERPA) regulations, 34 CFR part 99, 
to update, clarify, and improve the current regulations by addressing 
outstanding policy issues, such as clarifying the definition of 
``education records'' and clarifying provisions regarding disclosures 
to comply with a judicial order or subpoena. The proposed regulations 
are also needed to implement statutory amendments to FERPA contained in 
the Uninterrupted Scholars Act of 2013 and the Healthy, Hunger-Free 
Kids Act of 2010, to reflect a change in the name of the office 
designated to administer FERPA, and to make changes related to the 
enforcement responsibilities of the office concerning FERPA.
    Statement of Need: These regulations are needed to implement 
amendments to FERPA contained in the Healthy,

[[Page 5048]]

Hunger-Free Kids Act of 2010 (Pub. L. 111296) and the Uninterrupted 
Scholars Act (USA) of 2013 (Pub. L. 112278); to provide needed clarity 
regarding the definitions of terms and other key provisions of FERPA; 
and to make necessary changes identified as a result of the 
Department's experience administering FERPA and the current 
regulations. A number of the proposed changes reflect the Department's 
existing guidance and interpretations of FERPA.
    Summary of Legal Basis: These regulations are being issued under 
the authority provided in 20 U.S.C. 1221e-3, 20 U.S.C. 3474, and 20 
U.S.C. 1232g.
    Alternatives: These are discussed in the preamble to the proposed 
regulations.
    Anticipated Cost and Benefits: These are discussed in the preamble 
to the proposed regulations.
    Risks: These are discussed in the preamble to the proposed 
regulations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Dale King, Department of Education, Office of 
Planning, Evaluation and Policy Development, 400 Maryland Avenue SW, 
Room 6C100, Washington, DC 20202, Phone: 202 453-5943, Email: 
[email protected].
    RIN: 1875-AA15

ED--OFFICE OF POSTSECONDARY EDUCATION (OPE)

Prerule Stage

33. Determining the Amount of Federal Education Assistance Funds 
Received by Institutions of Higher Education (90/10)

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: Undetermined.
    Legal Authority: 20 U.S.C. 1085, 1088, 1091, 1092, 1094, 1099a-3, 
1099c
    CFR Citation: 34 CFR 668.28.
    Legal Deadline: None.
    Abstract: To reflect changes to the HEA made by the American Rescue 
Plan Act, the Secretary plans to propose to amend the Student 
Assistance General Provisions (34 CFR 668.28 Non-Title IV revenue) 
governing whether proprietary institutions meet the requirement in 34 
CFR 668.14(b)(16) that institutions receive at least 10 percent of 
their revenue from sources other than Federal education assistance 
funds.
    Statement of Need: This rulemaking is necessary to reflect changes 
to the HEA made by the American Rescue Plan Act, governing whether 
proprietary institutions meet the requirement in 34 CFR 668.14(b)(16) 
that these institutions receive at least 10 percent of their revenue 
from sources other than Federal education assistance funds.
    Summary of Legal Basis: We are conducting this rulemaking under the 
following authorities: 20 U.S.C. 1085, 1088, 1091, 1092, 1094, 1099a-3, 
and 1099c.
    Alternatives: We have limited information about the alternatives at 
this time.
    Anticipated Cost and Benefits: We have limited information about 
the anticipated costs and benefits at this time.
    Risks: We have limited information about the risks at this time.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Intent to Commence           11/00/21  .......................
 Negotiated Rulemaking.
NPRM................................   07/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Gregory Martin, Department of Education, Office of 
Postsecondary Education, 400 Maryland Avenue SW, Room 2C136, 
Washington, DC 20202, Phone: 202 453-7535, Email: 
[email protected].
    RIN: 1840-AD55

ED--OPE

Proposed Rule Stage

34. Borrower Defense

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: Undetermined.
    Legal Authority: 20 U.S.C. 1082(a)(5), (a)(6); 20 U.S.C. 1087(a); 
20 U.S.C. 1087e(h); 20 U.S.C. 1221e-3; 20 U.S.C. 1226a-1; 20 U.S.C. 
1234(a); 31 U.S.C. 3711
    CFR Citation: 34 CFR 30; 34 CFR 668; 34 CFR 674; 34 CFR 682; 34 CFR 
685; 34 CFR 686.
    Legal Deadline: None.
    Abstract: The Secretary proposes to amend regulations that 
determine what acts or omissions of an institution of higher education 
a borrower may assert as a defense to repayment of a loan made under 
the Federal Direct Loan and Federal Family Education Loan Programs and 
specify the consequences of such borrower defenses for borrowers, 
institutions, and the Secretary. Further, the Secretary intends to 
review the use of class-action lawsuits and pre-dispute arbitration 
agreements for matters pertaining to borrower defense claims by schools 
receiving Title IV assistance under the Higher Education Act.
    Statement of Need: This rulemaking is necessary to determine what 
acts or omissions of an institution of higher education a borrower may 
assert as a defense to repayment of a loan made under the Federal 
Direct Loan Program and specify the consequences of such borrower 
defenses for borrowers, institutions, and the Secretary.
    Summary of Legal Basis: We are conducting this rulemaking under the 
following authorities: 20 U.S.C. 1082(a)(5), (a)(6); 20 U.S.C.1087(a); 
20 U.S.C. 1087e(h); 20 U.S.C. 1221e-3; 20 U.S.C. 1226a-1; 20 U.S.C. 
1234(a); and 31 U.S.C. 3711.
    Alternatives: We have limited information about the alternatives at 
this time.
    Anticipated Cost and Benefits: We have limited information about 
the anticipated costs and benefits at this time.
    Risks: We have limited information about the risks at this time.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Intent to Commence           05/26/21  86 FR 28299
 Negotiated Rulemaking.
NPRM................................   05/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Jennifer Hong, Director, Policy Coordination Group, 
Department of Education, 400 Maryland Avenue SW, Room 287-23, 
Washington, DC 20202, Phone: 202 453-7805, Email: [email protected].
    RIN: 1840-AD53


[[Page 5049]]



ED--OPE

35. Pell Grants for Prison Education Programs

    Priority: Economically Significant. Major status under 5 U.S.C. 801 
is undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 20 U.S.C. 1001-1002; 20 U.S.C. 1070a, 1070a-1, 
1070b, 1070c-1, 1070c-2, 1070g; 20 U.S.C. 1085, 1087aa-1087hh, 1088, 
1091; 1094; 1099b, and 1099c; 42 U.S.C. 2753
    CFR Citation: 34 CFR 600.20; 34 CFR 600.21; 34 CFR 668.8.
    Legal Deadline: None.
    Abstract: The Consolidated Appropriation Act, 2021 defines prison 
education programs for purposes of Pell Grant eligibility. The 
Department plans to propose regulations that would guide correctional 
facilities and eligible institutions of higher education that seek to 
establish eligibility for the Pell Grant program.
    Statement of Need: These regulations are necessary to increase 
access to educational opportunities for individuals who are 
incarcerated because research demonstrates that high-quality prison 
education programs increase the knowledge and skills necessary to 
obtain high-quality and stable employment.
    Summary of Legal Basis: These regulations are being issued under 
the following authorities: 20 U.S.C. 1001-1002; 20 U.S.C. 1070a, 1070a-
1, 1070b, 1070c-1, 1070c-2, 1070g; 20 U.S.C. 1085, 1087aa-1087hh, 1088, 
1091; 1094; 1099b, and 1099c; and 42 U.S.C. 2753.
    Alternatives: We have limited information about the alternatives at 
this time.
    Anticipated Cost and Benefits: We have limited information about 
the anticipated costs and benefits at this time.
    Risks: We have limited information about the risks at this time.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Intent to Commence           05/26/21  86 FR 28299
 Negotiated Rulemaking.
NPRM................................   05/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Aaron Washington, Department of Education, Office 
of Postsecondary Education, 400 Maryland Avenue SW, Room 294-12, 
Washington, DC 20202, Phone: 202 453-7241, Email: 
[email protected].
    RIN: 1840-AD54

ED--OPE

36. Gainful Employment

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: Undetermined.
    Legal Authority: 20 U.S.C. 1001; 20 U.S.C. 1002; 20 U.S.C. 1003; 20 
U.S.C. 1088; 20 U.S.C. 1091; 20 U.S.C. 1094; 20 U.S.C. 1099(b); 20 
U.S.C. 1099(c); 20 U.S.C. 1082; . . .
    CFR Citation: 34 CFR 668; 34 CFR 600.
    Legal Deadline: None.
    Abstract: The Secretary plans to propose to amend 34 CFR parts 668 
and 600 on institution and program eligibility under the HEA, including 
regulations that determine whether postsecondary educational programs 
prepare students for gainful employment in recognized occupations, and 
the conditions under which institutions and programs remain eligible 
for student financial assistance programs under Title IV of the HEA.
    Statement of Need: This rulemaking is necessary to determine 
whether postsecondary educational programs prepare students for gainful 
employment and the conditions under which institutions and programs 
remain eligible for student financial assistance programs under Title 
IV of the HEA.
    Summary of Legal Basis: We are conducting this rulemaking under the 
following authorities: 20 U.S.C. 1001; 20 U.S.C. 1002; 20 U.S.C. 1003; 
20 U.S.C. 1088; 20 U.S.C. 1091; 20 U.S.C. 1094; 20 U.S.C. 1099(b); 20 
U.S.C. 1099(c); and 20 U.S.C. 1082.
    Alternatives: We have limited information about the alternatives at 
this time.
    Anticipated Cost and Benefits: We have limited information about 
the anticipated costs and benefits at this time.
    Risks: We have limited information about the risks at this time.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Intent to Commence           05/26/21  86 FR 28299
 Negotiated Rulemaking.
NPRM................................   07/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Gregory Martin, Department of Education, Office of 
Postsecondary Education, 400 Maryland Avenue SW, Room 2C136, 
Washington, DC 20202, Phone: 202 453-7535, Email: 
[email protected].
    RIN: 1840-AD57

ED--OPE

37. Improving Student Loan Cancellation Authorities

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: Undetermined.
    Legal Authority: 20 U.S.C. 1087; 20 U.S.C. 1087e; 20 U.S.C. 1087dd
    CFR Citation: 34 CFR 674; 34 CFR 682; 34 CFR 685.
    Legal Deadline: None.
    Abstract: The Department plans to propose improvements in areas 
where Congress has provided borrowers with relief or benefits related 
to Federal student loans. This includes authorities granted under the 
HEA that allow the Department to cancel loans for borrowers who meet 
certain criteria, such as: (a) Being totally and permanently disabled; 
(b) attending a school that recently closed; or (c) having been falsely 
certified as able to benefit from a program despite not having a high 
school diploma or its recognized equivalent. For these borrowers, the 
Secretary plans to amend regulations to improve borrower eligibility, 
application requirements, and processes.
    Statement of Need: This rulemaking is necessary to improve areas 
where Congress has provided borrowers with relief or benefits related 
to Federal student loans, including to improve borrower eligibility, 
application requirements, and processes.
    Summary of Legal Basis: We are conducting this rulemaking under 20 
U.S.C. 1087; 20 U.S.C. 1087e; and 20 U.S.C. 1087dd.
    Alternatives: We have limited information about the alternatives at 
this time.
    Anticipated Cost and Benefits: We have limited information about 
the potential cost and benefits and cannot estimate them at this time.
    Risks: We have limited information about the risks at this time.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Intent to Commence........   05/26/21  86 FR 28299
Negotiated Rulemaking...............

[[Page 5050]]

 
NPRM................................   05/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Jennifer Hong, Director, Policy Coordination Group, 
Department of Education, 400 Maryland Avenue SW, Room 287-23, 
Washington, DC 20202, Phone: 202 453-7805, Email: [email protected].
    RIN: 1840-AD59

ED--OPE

38. Income Contingent Repayment

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 20 U.S.C. 1087e
    CFR Citation: 34 CFR 685.
    Legal Deadline: None.
    Abstract: Using the income-contingent repayment (ICR) authority 
under the Higher Education Act of 1965, the Secretary of Education may 
create or adjust income-driven repayment plans to cap borrower payments 
at a set share of their income. The Department will propose 
improvements to these plans in 34 CFR part 685.
    Statement of Need: This rulemaking is necessary to make 
improvements to the income- driven repayment plans created under the 
ICR authority in Higher Education Act of 1965 that allows the Secretary 
to cap payments at a set share of a borrower's income.
    Summary of Legal Basis: The Department is conducting this 
rulemaking under 20 U.S.C. 1087e.
    Alternatives: We have limited information about the alternatives at 
this time.
    Anticipated Cost and Benefits: We have limited information about 
the anticipated costs and benefits at this time.
    Risks: We have limited information about the risks at this time.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Intent to Commence           05/26/21  86 FR 28299
 Negotiated Rulemaking.
NPRM................................   05/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Jennifer Hong, Director, Policy Coordination Group, 
Department of Education, 400 Maryland Avenue SW, Room 287-23, 
Washington, DC 20202, Phone: 202 453-7805, Email: [email protected].
    RIN: 1840-AD69

ED--OPE

39. Public Service Loan Forgiveness

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: Undetermined.
    Legal Authority: 20 U.S.C. 1087e
    CFR Citation: 34 CFR 685.
    Legal Deadline: None.
    Abstract: The Higher Education Act of 1965 allows borrowers to 
receive loan forgiveness after 10 years of qualifying payments on 
qualifying loans while engaging in public service. The Department will 
propose improvements to this program in 34 CFR part 685.
    Statement of Need: This rulemaking is necessary to make 
improvements that more closely align the Public Service Loan 
Forgiveness program with the statute and purpose of the program.
    Summary of Legal Basis: We are conducting this rulemaking under 20 
U.S.C. 1087e.
    Alternatives: We have limited information about the alternatives at 
this time.
    Anticipated Cost and Benefits: We have limited information about 
the anticipated costs and benefits at this time.
    Risks: We have limited information about the risks at this time.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Intent to Commence           05/26/21  86 FR 28299
 Negotiating Rulemaking.
NPRM................................   05/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Jennifer Hong, Director, Policy Coordination Group, 
Department of Education, 400 Maryland Avenue SW, Room 287-23, 
Washington, DC 20202, Phone: 202 453-7805, Email: [email protected].
    RIN: 1840-AD70
BILLING CODE 4000-01-P

DEPARTMENT OF ENERGY

Statement of Regulatory and Deregulatory Priorities

    The Department of Energy (Department or DOE) makes vital 
contributions to the Nation's welfare through its activities focused on 
improving national security, energy supply, energy efficiency, 
environmental remediation, and energy research. The Department's 
mission is to:
     Promote dependable, affordable and environmentally sound 
production and distribution of energy;
     Advance energy efficiency and conservation;
     Provide responsible stewardship of the Nation's nuclear 
weapons;
     Provide a responsible resolution to the environmental 
legacy of nuclear weapons production; and
     Strengthen U.S. scientific discovery, economic 
competitiveness, and improve quality of life through innovations in 
science and technology.
    The Department's regulatory activities are essential to achieving 
its critical mission and to implementing the President's clean energy 
and climate initiatives. Among other things, the Regulatory Plan and 
the Unified Agenda contain the rulemakings the Department will be 
engaged in during the coming year to fulfill the Department's 
commitment to meeting deadlines for issuance of energy conservation 
standards and related test procedures. The Regulatory Plan and Unified 
Agenda also reflect the Department's continuing commitment to cut 
costs, reduce regulatory burden, and increase responsiveness to the 
public.

Review of Regulations Under Executive Order 13990

    Pursuant to Executive Order 13990, ``Protecting Public Health and 
the Environment and Restoring Science To Tackle the Climate Crisis,'' 
DOE reviewed all regulations, orders, guidance documents and policies 
promulgated or adopted between January 20, 2017, and January 20, 2021, 
and determined whether these actions are consistent with the policy 
goals of protecting public health and the environment, including 
reducing greenhouse gas emissions and bolstering the Nation's 
resilience to the impacts of climate change. DOE identified fourteen 
rulemakings that the Department will review under E.O. 13990.
    In response to E.O. 13990, DOE published ten notices of proposed 
rulemakings or technical determinations re-evaluating rulemakings 
finalized in the prior four years. Four of these

[[Page 5051]]

publications were explicitly required to be published in 2021. First, 
DOE published two notices of proposed rulemaking in 2021 that remove 
unnecessary obstacles to DOE's ability to develop energy conservation 
standards and test procedures for consumer products and commercial/
industrial equipment. Second, DOE published two technical 
determinations that determined that the latest version of a commercial 
building code and residential building code are more efficient than the 
prior versions of these codes, paving the path for states to adopt 
these codes.
    Other 2021 proposed Departmental appliance standards program 
actions triggered by E.O. 13990 but based on DOE statutory authorities 
included a rule to revert to the prior, water-saving definition of 
showerheads; a rule to remove a product class for dishwashers, clothes 
washers and clothes dryers that had the effect of removing standards 
from these products; a rule to streamline the test procedure waiver 
process; a rule to broaden the definition of general service lamps; and 
a rule proposing to reinterpret a features provision for some types of 
consumer products and commercial equipment.

Energy Efficiency Program for Consumer Products and Commercial 
Equipment

    The Energy Policy and Conservation Act requires DOE to set 
appliance efficiency standards at levels that achieve the maximum 
improvement in energy efficiency that is technologically feasible and 
economically justified. The Department continues to follow its schedule 
for setting new appliance efficiency standards by both addressing its 
backlog of rulemakings with missed statutory deadlines and advancing 
rulemakings with upcoming statutory deadlines. In the August 2021 
Energy Policy Act of 2005 Report to Congress, DOE notes that it plans 
to publish 31 actions relating to energy conservation standards, 
including four final rules, and 31 actions related to test procedures, 
including six final rules, before the end of 2021. See: https://www.energy.gov/eere/buildings/reports-and-publications. These 
rulemakings are expected to save American consumers billions of dollars 
in energy costs over a 30-year timeframe.
    In the Department's 2021 Fall Regulatory Plan, DOE is highlighting 
three important appliance rules. The first rule is ``Energy 
Conservation Standards for Commercial Water Heating Equipment.'' DOE 
estimates that the energy conservation standards rulemaking for 
commercial water heating-equipment will result in energy savings for 
combined natural gas and electricity of up to 1.8 quads over 30 years 
and the net benefit to the Nation will be between $2.26 billion and 
$6.75 billion.
    The second rule is ``Procedures, Interpretations, and Policies for 
Consideration in New or Revised Energy Conservation Standards and Test 
Procedures for Consumer Products and Commercial/Industrial Equipment.'' 
This rulemaking is focused on both the procedural requirements as well 
as the methodologies used to establish all DOE energy conservation 
standards and their related test procedures. DOE anticipates that the 
contemplated revisions would allow DOE to eliminate inefficiencies that 
lengthen the rulemaking process and consume DOE and stakeholder 
resources without appreciable benefit, while not affecting the ability 
of the public to participate in the agency's rulemaking process. 
Eliminating these inefficiencies would allow DOE to more quickly 
develop energy conservation standards that deliver benefits to the 
Nation, including environmental benefits such as reductions in 
greenhouse gas emissions.
    The third rule is ``Backstop Requirement for General Service 
Lamps.'' This rulemaking would codify in the Code of Federal 
Regulations the 45 lumens per watt backstop requirement for general 
service lamps (``GSLs'') that Congress prescribed in the Energy Policy 
and Conservation Act, as amended. Codifying the statutory standard, 
which would also prohibit sales of GSLs that do not meet a minimum 45 
lumens per watt standard, is estimated to result in total net benefits 
of $3.3 billion to $4.9 billion per year.

Federal Agency Leadership in Climate Change

    Beyond the appliance program, DOE is supporting Federal agency 
leadership in climate change in various ways, including in its Federal 
government energy efficiency rulemakings. DOE is highlighting one rule 
supporting Federal agency leadership in climate change under the Energy 
Conservation and Production Act. The rule establishes baseline Federal 
energy efficiency performance standards for the construction of new 
Federal commercial and multi-family high-rise residential buildings. 
The total incremental first cost savings under the rule is $32.67 
million per year, with a potential cost reduction in new Federal 
construction costs of 0.85%, and life-cycle cost net savings of $161.9 
million. Compared to the prior building standard, DOE expects a 
4,472,870 metric ton reduction in carbon dioxide emissions over 30 
years.

DOE--ENERGY EFFICIENCY AND RENEWABLE ENERGY (EE)

Proposed Rule Stage

40. Energy Conservation Standards for Commercial Water Heating-
Equipment

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: This action may affect the private sector under 
Public Law 104-4.
    Legal Authority: 42 U.S.C. 6313(a)(6)(C)(i) and (vi)
    CFR Citation: 10 CFR 429; 10 CFR 431.
    Legal Deadline: Other, Statutory, Subject to 6-year-look-back in 42 
U.S.C. 6313(a)(6)(C).
    Abstract: Once completed, this rulemaking will fulfill the U.S. 
Department of Energy's (DOE) statutory obligation under the Energy 
Policy and Conservation Act, as amended, (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.
    Statement of Need: DOE is required under 42 U.S.C. 6313(a)(6)(C) to 
consider the need for amended performance-based energy conservation 
standards for commercial water heaters. This rulemaking is being 
conducted to satisfy that requirement by evaluating potential standards 
related to certain classes of commercial water heating equipment.
    Summary of Legal Basis: This rulemaking is being conducted under 
DOE's authority pursuant to 42 U.S.C. 6311, which establishes the 
agency's legal authority over water heaters as one type of covered 
equipment that DOE may regulate, and 42 U.S.C. 6313(a)(6)(C), which 
requires DOE to conduct a rulemaking to consider the need for amended 
performance-based energy conservation standards for this equipment.
    Alternatives: Under EPCA, DOE shall either establish an amended 
uniform national standard for this equipment at the minimum level 
specified in the

[[Page 5052]]

amended ASHRAE/IES Standard 90.1, unless the Secretary determines, by 
rule published in the Federal Register, and supported by clear and 
convincing evidence, that adoption of a uniform national standard more 
stringent than the amended ASHRAE/IES Standard 90.1 for this equipment 
would result in significant additional conservation of energy and is 
technologically feasible and economically justified (42 U.S.C. 
6313(a)(6)(A)-(C)).
    Anticipated Cost and Benefits: DOE preliminarily determined that 
the anticipated benefits to the Nation of the proposed energy 
conservation standards for the subject commercial water heating 
equipment would outweigh the burdens DOE estimates that potential 
amended energy conservation standards for commercial water heaters may 
result in energy savings for combined natural gas and electricity of 
1.8 quads over 30 years and the net benefit to the Nation of between 
$2.26 billion and $6.75 billion.
    Timetable:

------------------------------------------------------------------------
               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
Notice of NPRM Withdrawal...........   01/15/21  86 FR 3873
NPRM................................   04/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    URL For More Information: www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/51.
    URL For Public Comments: www.regulations.gov/#!docketDetail;D=EERE-
2014-BT-STD-0042.
    Agency Contact: Julia Hegarty, Department of Energy, 1000 
Independence Avenue SW, Washington, DC 20585, Phone: 240 597-6737, 
Email: [email protected].
    Related RIN: Related to 1904-AE39.
    RIN: 1904-AD34

DOE--EE

41. Backstop Requirement for General Service Lamps

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 42 U.S.C. 6295(i)(6)(A)
    CFR Citation: 10 CFR 430.
    Legal Deadline: Other, Statutory, Subject to 7-year-lookback in 42 
U.S.C. 6293(b).
    Abstract: The U.S. Department of Energy (DOE) proposes to codify 
the 45 lumens per watt (``im/W'') backstop requirement for general 
service lamps (GSLs) that Congress prescribed in the Energy Policy and 
Conservation Act, as amended. DOE proposes this backstop requirement 
apply because DOE failed to complete a rulemaking regarding general 
service lamps in accordance with certain statutory criteria. This 
proposal represents a departure from DOE's previous determination 
published in 2019 that the backstop requirement was not triggered. DOE 
re-evaluates its previous determination that the backstop was not 
triggered in accordance with the review requirement under E.O. 13990, 
``Protecting Public Health and the Environment and Restoring Science To 
Tackle the Climate Crisis,'' 86 FR 7037 (January 25, 2021).
    Statement of Need: Under the Energy Policy and Conservation Act 
(EPCA), as amended, if DOE fails to complete a rulemaking regarding 
general service lamps (GSL's) in accordance with certain statutory 
criteria, the Secretary of Energy (Secretary) must prohibit the sale of 
any GSL that does not meet a minimum efficacy of 45 lumens per watt. In 
two final rules published on September 5, 2019 and December 27, 2019, 
DOE determined that this statutory backstop requirement for GSLs was 
not triggered. DOE now revisits this determination and proposes to 
determine that the statutory backstop does not apply, consistent with 
its statutory obligations under EPCA. This action was triggered in part 
by Executive order 13990, which specifically instructed DOE to examine 
the GSL rules.
    Anticipated Cost and Benefits: Codifying the statutory standard, 
which would also prohibit sales of GSLs that do not meet a minimum 45 
lumens per watt standard, is estimated to result in total net benefits 
of 3.3 billion to $4.9 billion per year.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI); Early   05/25/21  86 FR 28001
 Assessment Review.
RFI Comment Period End..............   06/24/21
NPRM................................   01/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Agency Contact: Stephanie Johnson, General Engineer, Department of 
Energy, Energy Efficiency and Renewable Energy, 1000 Independence 
Avenue SW, Building Technologies Office, EE5B, Washington, DC 20585, 
Phone: 202 287-1943, Email: [email protected].
    RIN: 1904-AF09

DOE--EE

Final Rule Stage

42. Energy Efficiency Standards for New Federal Commercial and Multi-
Family High-Rise Residential Buildings Baseline Standards Update

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 6834
    CFR Citation: 10 CFR 433.
    Legal Deadline: Final, Statutory, October 31, 2020, 42 U.S.C. 
6834(a)(3)(B).
    Abstract: The U.S. Department of Energy (DOE) is working on a final 
rule to implement provisions in the Energy Conservation and Production 
Act (ECPA) that require DOE to update the baseline Federal energy 
efficiency performance standards for the construction of new Federal 
commercial and multi-family high-rise residential buildings. This rule 
would update the baseline Federal commercial standard to the American 
Society of Heating, Refrigerating, and Air-Conditioning Engineers 
(ASHRAE) Standard 90.1-2019, if the Secretary determines that the 
baseline Federal energy efficiency performance standards should be 
updated to reflect the new standard, based on the cost-effectiveness of 
the requirements under the amendment.
    Statement of Need: This rule addresses DOE's statutory obligation 
under ECPA to review the newest version of ASHRAE 90.1, that is, ASHRAE 
90.1-2019, and update the energy efficiency performance standards for 
federal commercial and multi-family, high-rise buildings to reflect the 
new version of this industry standard. the rule will also support 
federal agency

[[Page 5053]]

leadership in addressing climate change by reducing energy use in 
Federal buildings and reducing emissions.
    Anticipated Cost and Benefits: This rule is expected to result in 
432.67 million annual incremental first-cost savings and annual life-
cycle cost net savings of $161.9 million. Furthermore, compared to the 
prior Federal buildings standard, DOE expects a 4,472,870 metric ton 
reduction in carbon dioxide emissions over 30 years.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   01/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Federal.
    Agency Contact: Nicolas Baker, Office of Federal Energy Management 
Program, EE-2L, Department of Energy, Energy Efficiency and Renewable 
Energy, 1000 Independence Avenue SW, Washington, DC 20585, Phone: 202 
586-8215, Email: [email protected].
    RIN: 1904-AE44

DOE--EE

43. Energy Conservation Program for Appliance Standards: Procedures for 
Use in New or Revised Energy Conservation Standards and Test Procedures 
for Consumer Products and Commercial/Industrial Equipment

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 6191 to 6317
    CFR Citation: 10 CFR 430, subpart C, App. A; 10 CFR 431.
    Legal Deadline: None.
    Abstract: The U.S. Department of Energy (``DOE'' or ``the 
Department'') is finalizing its revisions to the Department's current 
rulemaking guidance titled ``Procedures, Interpretations, and Policies 
for Consideration of New or Revised Energy Conservation Standards and 
Test Procedures for Consumer Products and Certain Commercial/Industrial 
Equipment'' (``Process Rule''), which was last modified in 2020. These 
proposed revisions, which are the first of two sets of revisions to the 
Process Rule that DOE intends to propose, are consistent with 
longstanding DOE practice prior to the 2020 amendment and would remove 
unnecessary obstacles to DOE's ability to meet its statutory 
obligations under the Energy Policy and Conservation Act (``EPCA'') and 
other applicable law. These proposed changes would include modifying 
the Process Rule to remove its mandatory application, removing its 
recently-added threshold for determining when significant energy 
savings is met, removing the current provision regarding the use of a 
comparative analysis when selecting potential energy conservation 
standards, and reverting to its prior guidance for determining whether 
a trial standard level is economically justified, among other changes. 
DOE is undertaking this action as required by E.O. 13990, ``Protecting 
Public Health and the Environment and Restoring Science to Tackle the 
Climate Crisis'', 86 FR 7037 (January 25, 2021).
    Statement of Need: On February 14, 2020 and August 19, 2020, DOE 
published two final rules (``Process Rule Amendment Final Rules'') that 
made significant revisions to the existing Process Rule. DOE is 
reconsidering the merits of the approach taken by these 2020 revisions 
to the Process Rule--specifically, the one-fits-all rulemaking approach 
and the added rulemaking steps now required under the Process Rule. In 
its proposed revisions, the Department seeks to ensure that the 
document remains consistent with DOE's legal obligations under the 
Energy Policy and Conservation Act, as amended. DOE's action in 
examining the current Process Rule was triggered in part by Executive 
Order 13990, which specifically instructed DOE to examine the Process 
Rule.
    Anticipated Cost and Benefits: DOE anticipates that the 
contemplated revisions would allow DOE to eliminate inefficiencies that 
lengthen the rulemaking process and consume DOE and stakeholder 
resources without appreciable benefit, while not affecting the ability 
of the public to participate in the agency's rulemaking process. 
Eliminating these inefficiencies would allow DOE to more quickly 
develop energy conservation standards that deliver benefits to the 
Nation, including environmental benefits, such as reductions in 
greenhouse gas emissions, that DOE is directed to pursue under E.O. 
13990. DOE notes that these revisions would not dictate any particular 
rulemaking outcome in an energy conservation standard or test procedure 
rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM (Round 1)......................   04/12/21  86 FR 18901
NPRM (Round 1) Comment Period End...   05/27/21
NPRM (Round 2)......................   07/07/21  86 FR 35668
NPRM (Round 2) Comment Period          08/09/21  86 FR 43429
 Extended.
NPRM (Round 2) Comment Period          09/13/21
 Extended End.
Final Rule..........................   12/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    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-AF13
BILLING CODE 6450-01-P

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Statement of Regulatory Priorities for Fiscal Year 2022

    As the federal agency with principal responsibility for protecting 
the health of all Americans and for providing essential human services, 
the Department of Health and Human Services (HHS or the Department) 
implements programs that strengthen the health care system; advance 
scientific knowledge and innovation; and improve the health, safety, 
and wellbeing of the American people.
    The Department's Regulatory Plan for Fiscal Year 2022 delivers on 
the Biden-Harris Administration's commitment to tackle the COVID-19 
pandemic, build, and expand access to affordable health care, address 
health disparities, increase health equity, and promote the wellbeing 
of children and families:
     This agenda expands access to quality, affordable health 
care for all Americans, with rules to provide evidence-based behavioral 
health treatment via telehealth and rules to streamline enrollment and 
improve access to care in Medicaid and the Children's Health Insurance 
Program (CHIP) to ensure that children and families eligible for these 
programs are able to maintain coverage and obtain needed care.
     As we work to expand access to affordable health care, we 
will simultaneously tackle disparities that persist in who gain access 
to care. Forthcoming rules--including one designed to prevent 
discrimination in accessing care and coverage--serve to protect every 
person's right to access the health care they need, no matter where 
they live or who they are.

[[Page 5054]]

     Building on recent rules requiring COVID-19 vaccinations 
for staff at most Medicare- and Medicaid-participating health care 
providers and in Head Start programs, our Regulatory Plan augments our 
fight against COVID-19 and future pandemics by including new rules that 
permit CDC to set vaccination requirements for airline passengers 
entering the U.S. and increase the resilience of HHS programs to deal 
with COVID-19 and future public health emergencies.
     Our work to promote the health and wellbeing of every 
person includes extending additional support and resources to children 
and families. Whether we are providing flexibility to ensure more 
children in foster care are placed in homes with their relatives or 
reimbursing state foster care agencies for the cost of providing 
independent legal representation for children and parents, we are 
working to support our next generation of leaders--and the people who 
help raise them.
    In short, this agenda allows the Department to support government-
wide efforts to build a healthy America by charting a course to Build 
Back Better with rules designed to help protect public health and 
improve the health and wellbeing of every person touched by our 
programs.

I. Building and Expanding Access to Affordable Health Care

    Since its enactment, the Affordable Care Act (ACA) has dramatically 
reduced the number of uninsured Americans while strengthening consumer 
protections and improving our nation's health care system. Yet high 
uninsured rates and other barriers to care continue to persist, 
compounded by the health and economic challenges facing Americans 
nationwide due to the COVID-19 pandemic. From day one, the Biden-Harris 
Administration has been focused on closing these gaps in coverage and 
access. The American Rescue Plan (ARP) alongside the ACA and executive 
actions by the Biden-Harris Administration have already led to lower 
premiums for consumers and more opportunities to gain coverage, 
achieving record-high enrollment in ACA Marketplace and Medicaid 
coverage.
    The Department plans to continue expanding access to affordable 
health care over the next year, including through its regulatory 
actions. Secretary Becerra's regulatory priorities in this area 
include: Enhancing coverage and access for Americans in the ACA 
Marketplace, Medicaid, CHIP, and Medicare; expanding the accessibility 
and affordability of drugs and medical products; addressing behavioral 
health needs; and streamlining the secure exchange of health 
information.

Enhancing Coverage and Access in the ACA Marketplace, Medicaid, CHIP, 
and Medicare

    The Department will take several regulatory actions in the next 
year building on the success of the ACA and improving access to care 
for Americans. In his Executive Order on Strengthening Medicaid and the 
Affordable Care Act (E.O. 14009), President Biden asked the Department 
to consider a range of actions, including actions that would protect 
and strengthen Medicaid. Following this regulatory review, the 
Department is issuing two rules. First, the Department will issue a 
proposed rule on Assuring Access to Medicaid and Children's Health 
Insurance Program (CHIP) Services. Together, Medicaid and CHIP cover 
nearly one in four Americans and provide for access to a broad array of 
health benefits and services critical to underserved populations, 
including low-income adults, children, pregnant women, elderly, and 
people with disabilities. This rule would empower the Department to 
assure and monitor equitable access to services in Medicaid and CHIP.
    Additionally, the Department will issue a proposed rule on 
Streamlining the Medicaid and CHIP Application, Eligibility 
Determination, Enrollment, and Renewal Processes. Although considerable 
progress has been made in these areas, gaps remain in states' ability 
to seamlessly process beneficiaries' eligibility and enrollment. This 
rule would streamline eligibility and enrollment processes for all 
Medicaid and CHIP populations and create new enrollment pathways to 
maximize enrollment and retention of eligible individuals. The first 
step to ensuring access to services is making certain that people can 
maintain a consistent source of high-quality coverage.
    The Department also plans to issue a proposed rule on Requirements 
for Rural Emergency Hospitals. This rule would establish health and 
safety requirements as Conditions of Participation (CoPs) for Rural 
Emergency Hospitals (REHs) participating in Medicare or Medicaid, in 
accordance with Section 125 of the Consolidated Appropriations Act, 
2021, and will establish payment policies and payment rates for REHs. 
This rule will aim to address barriers to health care, unmet social 
needs, and other health challenges and risks faced by rural 
communities.
    Improving access to care for populations with ACA Marketplace 
coverage is also a regulatory priority of the Department. For instance, 
the Department will issue a proposed rule to protect patients' access 
to care and promote competition by ensuring that plans do not engage in 
unlawful discrimination against health care providers. While the ACA's 
provider nondiscrimination protections are currently set forth in 
guidance, the No Surprises Act directs the Department to implement 
these protections through regulation.
    The Department will also work to ensure access to benefits and 
services afforded under the law. A critical part of this work will 
include amending regulations on contraceptive coverage which guarantee 
cost-free coverage to the consumer under the ACA. In addition to the 
actions described above, the Department's regulatory agenda includes 
several payment rules and notices issued annually by the Centers for 
Medicare & Medicaid Services (CMS) that affect Medicare, Medicaid, and 
the ACA Marketplace. These rules, though they are not included in the 
HHS Regulatory Plan, will include policies in service of the 
Secretary's priority of expanding access to affordable, high-quality 
health care.

Expanding the Accessibility and Affordability of Drugs and Medical 
Products

    The Department is committed to improving Americans' access to 
affordable drugs and medical products. Earlier this year, the 
Department issued a proposed rule entitled Medical Devices; Ear, Nose 
and Throat Devices; Establishing Over-the-Counter Hearing Aids and 
Aligning Other Regulations. Consistent with President Biden's Executive 
Order on Promoting Competition in the American Economy (E.O. 14036), 
this rule proposes to establish a new category of over the counter of 
hearing aids. If finalized, the rule would allow hearing aids within 
this category to be sold directly to consumers in stores or online 
without a medical exam or a fitting by an audiologist. This action will 
address existing barriers on access to hearing aids, improve consumer 
choice, and have a direct impact on quality of life.
    Over the next year, the Department will continue pursuing greater 
accessibility and affordability for Americans in need of drugs and 
medical products, consistent with the Department's Comprehensive Plan 
for Addressing High Drug Prices, released in September 2021. For 
example, the Department plans to issue a proposed

[[Page 5055]]

rule entitled Nonprescription Drug Product With an Additional Condition 
for Nonprescription Use. This rule would establish requirements for 
drug products that could be marketed as nonprescription drug products 
with an additional condition that a manufacturer must implement to 
ensure appropriate self-selection or appropriate actual use or both for 
consumers. The rule is expected to increase consumer access to drug 
products, which could translate into a reduction in under-treatment of 
certain diseases and conditions. The Department also plans to issue a 
proposed rule on Biologics Regulation Modernization, which would update 
Food and Drug Administration (FDA) biologics regulations to account for 
the existence of biosimilar and interchangeable biological products. 
This rule is intended to support competition and enhance consumer 
choice by preventing efforts to delay or block competition from 
biosimilars and interchangeable products.
    In addition, the Department will issue a proposed rule entitled 
340B Drug Pricing Program; Administrative Dispute Resolution. The 340B 
Drug Pricing Program, which requires drug manufacturers to provide 
discounts on outpatient prescription drugs to certain safety net 
providers, is critical to the ability of safety net providers to 
stretch scarce federal resources and reach patients with low incomes or 
without insurance. The rule would establish new requirements and 
procedures for the Program's Administrative Dispute Resolution (ADR) 
process, making the process more equitable and accessible for 
participation by program participants. This is intended to replace the 
previous administration's rulemaking on the same subject, which was 
finalized in December 2020.

Addressing Behavioral Health Needs

    The COVID-19 pandemic has made clear that too many Americans have 
unmet behavioral health needs, which have seen an alarming rise during 
the pandemic due to illness, grief, job loss, food insecurity, and 
isolation. The Secretary is committed to addressing the behavioral 
health effects of the COVID-19 pandemic--including mental health 
conditions and substance use disorders--especially in underserved 
communities. This commitment informs the Department's regulatory 
priorities over the next year.
    The Department is proposing two rules intended to extend telehealth 
flexibilities for substance use disorder treatments that were granted 
during the COVID-19 public health emergency. First, the Department will 
issue a proposed rule on Treatment of Opioid use Disorder With Extended 
Take Home Doses of Methadone. This rule would propose revisions to 
Substance Abuse and Mental Health Services Administration (SAMHSA) 
regulations to make permanent regulatory flexibilities for opioid 
treatment programs to provide extended take-home doses of methadone to 
patients when it is safe and appropriate to do so. Likewise, the 
Department also plans to issue a proposed rule on Treatment of Opioid 
Use Disorder with Buprenorphine Utilizing Telehealth. This rule would 
propose revisions to SAMHSA regulations to permanently allow opioid 
treatment programs and certain other providers to provide buprenorphine 
via telehealth. Both changes would allow more patients to receive 
comprehensive opioid use disorder treatment and could address barriers 
to treatment such as transportation, geographic proximity, employment, 
or other required activities of daily living.
    Furthermore, the Department, working closely with the Department of 
Labor, will issue a proposed rule on the Mental Health Parity and 
Addiction Equity Act (MHPAEA) and the Consolidated Appropriations Act, 
2021. The MHPAEA is a federal law that prevents group health plans and 
health insurance issuers that provide mental health or substance use 
disorder benefits from imposing less favorable benefit limitations on 
those benefits than on medical and surgical benefits. This rule would 
clarify group health plans and health insurance issuers' obligations 
under the MHPAEA and promote compliance with MHPAEA, among other 
improvements.
    Finally, the Department also plans to issue a proposed rule on the 
Confidentiality of Substance Use Disorder Patient Records. Section 3221 
of the CARES Act modifies the statute that establishes protections for 
the confidentiality of substance use disorder treatment records and 
directs the Department to work with other federal agencies to update 
the regulations at 42 CFR part 2 (part 2). As required by the CARES 
Act, this rule would align certain provisions of part 2 with aspects of 
the HIPAA Privacy, Breach Notification, and Enforcement Rules; 
strengthen part 2 protections against uses and disclosures of patients' 
substance use disorder records for civil, criminal, administrative, and 
legislative proceedings; and require that a HIPAA Notice of Privacy 
Practices address privacy practices with respect to Part 2 records.

Streamlining the Secure Exchange of Health Information

    The secure exchange of health information among health care 
providers and other entities improves patient care, reduces costs, and 
provides more accurate public health data. The 21st Century Cures Act 
(Cures Act) included important provisions related to improving the 
interoperability and transparency of health information.
    Two of the Department's planned rulemakings directly address and 
implement these statutory provisions. First, the Department plans to 
finalize the implementation of the Cures Act provision that authorizes 
the Department to impose civil monetary penalties, assessments, and 
exclusions upon individuals and entities that engage in fraud and other 
misconduct related to HHS grants, contracts, and other agreements. It 
would also implement Cures Act provisions on information blocking, 
which authorize the Office of Inspector General (OIG) to investigate 
claims of information blocking and grant the Department the power to 
impose civil monetary penalties (CMPs) for information blocking. The 
Department's regulations would also be updated to include the increased 
civil monetary penalties provided in the Bipartisan Budget Act of 2018.
    Additionally, the Department will issue a proposed rule entitled 
Health Information Technology: Updates to the ONC Health IT 
Certification Program, Establishment of the Trusted Exchange Framework 
and Common Agreement Attestation Process, and Enhancements to Support 
Information Sharing. This rule would implement certain provisions of 
the Cures Act, including the Electronic Health Record (EHR) Reporting 
Program condition and maintenance of certification requirements under 
the ONC Health IT Certification Program (Certification Program); a 
process for health information networks that voluntarily adopt the 
Trusted Exchange Framework and Common Agreement to attest to the agreed 
upon interoperable data exchange; and enhancements to support 
information sharing under the information blocking regulations.

II. Addressing Health Disparities and Promoting Equity

    Equity is the focus of over a dozen Executive Orders issued by 
President Biden, and it remains a cornerstone of the Biden-Harris 
Administration's agenda. The Department recognizes that people of 
color, people with disabilities, lesbian, gay, bisexual, transgender, 
and

[[Page 5056]]

queer (LGBTQ+) people, and other underserved groups in the U.S. have 
been systematically denied a full and fair opportunity to participate 
in economic, social, and civic life. Among its other manifestations, 
this history of inequality shows up as persistent disparities in health 
outcomes and access to care. As the federal agency responsible for 
ensuring the health and wellbeing of Americans, the Department under 
Secretary Becerra's leadership is committed to tackling these 
entrenched inequities and their root causes throughout its programs and 
policies. This regulatory priority includes promoting equity in health 
care, strengthening health and safety standards for consumer products 
that impact underserved communities, preventing and combatting 
discrimination, and ensuring the equitable administration of HHS 
programs. The Department is also systematically reviewing existing 
regulations to make certain they adequately address the needs of those 
most vulnerable to climate change related impacts.

Promoting Equity in Health Care

    The Department is taking action to promote equity in health care 
programs and delivery. Earlier this year, the Department finalized a 
rule on Ensuring Access to Equitable, Affordable, Client-centered, 
Quality Family Planning Services. This rule revoked the previous 
administration's harmful restrictions on the use of Title X family 
planning funds, which had a disproportionate impact on low-income 
clients and caused substantial decreases in utilization among clients 
of color. Revoking the previous rule will allow the Title X service 
network to expand in size and capacity to provide quality family 
planning services to more clients.
    In addition, the rule updates the Title X regulations to ensure 
access to equitable, affordable, client-centered, quality family 
planning services.
    The Department is also committed to improving the effectiveness of 
federal health programs that constitute an important source of care for 
underserved communities. For instance, the Department plans to issue a 
proposed rule on the Catastrophic Health Emergency Fund (CHEF). CHEF 
was established to reimburse tribally operated Indian Health Service 
(IHS) Purchased/Referred Care programs, which serve American Indian/
Alaska Native patients, for medical expenses related to high-cost 
illnesses and events after a threshold cost has been met. This rule 
would establish regulations governing CHEF, set the threshold cost that 
must be reached before CHEF reimbursement can be paid, and establish 
the procedures for reimbursement under the program.

Strengthening Health and Safety Standards for Consumer Products That 
Impact Underserved Communities

    The Department recognizes that people of color, LGBTQ+ people, 
people with disabilities, people with low incomes, and other 
underserved populations experience longstanding disparities in leading 
public health indicators--including obesity and the use of certain 
tobacco products. To protect the public health and advance equity, the 
Department is pursuing regulatory action with respect to consumer 
products that have a disproportionate impact on the health of 
underserved groups.
    For instance, the Department plans to propose two rules on tobacco 
product standards. First, the Department will issue a proposed rule on 
Tobacco Product Standard for Menthol in Cigarettes, which would ban 
menthol as a characterizing flavor in cigarettes. Menthol cigarettes 
are marketed to and disproportionately used by Black smokers and 
increase the appeal of smoking for youth and young adults. This 
standard would reduce the availability of menthol cigarettes. By likely 
decreasing consumption and increasing the likelihood of cessation, the 
standard would likely improve the health of current menthol cigarette 
smokers. Similarly, the Department plans to issue a proposed rule on 
Tobacco Product Standard for Characterizing Flavors in Cigars. This 
rule is a tobacco product standard that would ban characterizing 
flavors--such as strawberry, grape, orange, and cocoa--in all cigars. 
As with menthol cigarettes, flavored cigars appeal to youth and 
disproportionately affect underserved communities. This product 
standard would likely reduce the appeal of cigars, particularly to 
youth and young adults, and is intended to decrease the likelihood of 
experimentation, progression to regular use, and the potential for 
addiction to nicotine.
    Furthermore, the Department will issue a proposed rule entitled 
Nutrient Content Claims, Definition of Term: Healthy. This rule would 
update the definition for the implied nutrient content claim 
``healthy'' to be consistent with current nutrition science and federal 
dietary guidelines. This would ensure that foods labeled ``healthy'' 
can help consumers build more healthful diets to help reduce their risk 
of diet-related chronic disease. This action is necessary to improve 
the public health and reduce disparities in health outcomes, 
particularly among people of color and people with low incomes in the 
U.S., who are disproportionately affected by obesity and diet-related 
chronic illness.

Preventing and Remedying Discrimination

    The Department is taking actions to eliminate discrimination as a 
barrier for historically marginalized communities seeking access to HHS 
programs and activities. This includes two proposed rules in the 
Department's Regulatory Plan for the coming year. First, the Department 
will issue a proposed rule on Nondiscrimination in Health Programs and 
Activities, which would make changes to the previous administration's 
final rule implementing the nondiscrimination provisions in section 
1557 of the ACA. The current section 1557 regulations significantly 
narrow the scope of section 1557's protections. Because discrimination 
in the U.S. health care system is a driver of health disparities, the 
Section 1557 regulations present a key opportunity for the Department 
to promote equity and ensure protection of health care as a right. 
Additionally, the Department will issue a proposed rule entitled 
Rulemaking on Discrimination on the Basis of Disability in Critical 
Health and Human Services Programs or Activities. This rule would 
revise regulations under section 504 of the Rehabilitation Act of 1973 
to address unlawful discrimination on the basis of disability in 
certain vital HHS-funded health and human services programs. Covered 
topics include nondiscrimination in life-sustaining care, organ 
transplantation, suicide prevention services, child welfare programs 
and services, health care value assessment methodologies, accessible 
medical equipment, auxiliary aids and services, Crisis Standards of 
Care and other relevant health and human services activities.

Ensuring the Equitable Administration of HHS Programs

    Consistent with President Biden's Executive Order on Advancing 
Racial Equity and Support for Underserved Communities Through the 
Federal Government (E.O. 13985), the Department is working to embed 
equity throughout HHS programs and policies, including in the awarding 
of grants, loans, and procurement contracts.
    For instance, the Department plans to issue a proposed rule on the 
National Institute for Disability, Independent Living, and 
Rehabilitation Research

[[Page 5057]]

(NIDILRR), which would propose revisions to the NIDILRR regulations to 
advance equity in the peer review criteria used to evaluate disability 
research applications across all of its research programs, in addition 
to making other changes. The Department will also issue a proposed rule 
on the Native Hawaiian Revolving Loan Fund (NHRLF). The Native Hawaiian 
Revolving Loan Fund (NHRLF) was established to provide loans and loan 
guarantees to Native Hawaiians who are unable to obtain loans from 
private sources on reasonable terms and conditions for the purpose of 
promoting economic development in Hawaii. This rule proposes to reduce 
the required Native Hawaiian ownership or control for an eligible 
applicant to NHRLF program from 100 percent, as the 100 percent Native 
Hawaiian ownership requirement prevents many Native Hawaiian family-
owned businesses and families from obtaining a loan. Additionally, the 
Department plans to issue a proposed rule entitled Acquisition 
Regulations; Buy Indian Act; Procedures for Contracting. This rule 
would establish regulations guiding implementation of the Buy Indian 
Act, which allows the Department to set aside procurement contracts for 
Indian-owned and controlled businesses. This would promote the growth 
and development of Indian industries and in turn, foster economic 
development and sustainability in Indian Country.

III. Tackling the COVID-19 Pandemic

    As the federal agency charged with protecting the health of all 
Americans, the Department plays a central role in the Biden-Harris 
Administration's whole-of-government response to the COVID-19 pandemic. 
From ensuring access to COVID-19 testing, treatment, and vaccines, to 
bolstering the capacity of the health care system in a public health 
emergency, to addressing the effects of the pandemic on the behavioral 
health of Americans, Secretary Becerra has leveraged the Department's 
full resources to pursue a comprehensive strategy to combat COVID-19. 
Over the last several months, the Secretary has pursued this regulatory 
priority by issuing a number of critical rules requiring COVID-19 
vaccinations to keep schools, workplaces, and communities safe and 
increasing regulatory oversight of SARS-CoV-2 laboratory 
experimentation. Over the next year, the Department plans to continue 
its work to address COVID-19 through new regulations.

Building on COVID-19 Vaccine Requirements To Keep Schools, Workplaces, 
and Communities Safe

    Despite tremendous gains over the course of 2021, tens of millions 
of people remain unvaccinated against COVID-19. Reaching this 
population is an essential component of the Biden-Harris 
Administration's strategy to accelerate our nation's path out of the 
pandemic. For this reason, vaccine requirements are one of the 
Department's most impactful regulatory options in combatting COVID-19.
    Accordingly, the Department has recently issued rules expanding 
COVID-19 vaccine requirements. For example, the Department issued an 
interim final rule requiring COVID-19 vaccinations for staff at most 
Medicare- and Medicaid-participating providers and suppliers.
    Additionally, the Department issued an interim final rule with 
comment period to add new provisions to the Head Start Program 
Performance Standards to mitigate the spread of the COVID-19 in Head 
Start programs through COVID-19 vaccine requirements.
    Building on these accomplishments, in the coming months, the 
Department plans to issue an interim final rule that will provide CDC 
with authority to require individuals entering the U.S. at any port of 
entry to present proof of vaccination or other proof of immunity 
against any quarantinable communicable diseases for which the Centers 
for Disease Control and Prevention (CDC) determines that a public 
health need exists. This rule will provide CDC with authority to 
require travelers to be fully vaccinated upon arrival and will reduce 
the number of international travelers arriving while infected.

Increasing the Resilience of HHS Programs To Deal With COVID-19 and 
Future Public Health Emergencies

    The Department is planning to introduce new flexibilities in HHS 
programs to minimize disruptions and alleviate burdens that may be 
caused by COVID-19 or future emergencies. For example, the Department 
issued a final rule on Flexibility for Head Start Designation Renewals 
in Certain Emergencies. This rule adds a new provision to the Head 
Start Program Performance Standards to establish parameters by which 
the Administration for Children and Families (ACF) may make designation 
renewal determinations during widespread disasters or emergencies and 
in the absence of all normally required data.
    The Department also plans to issue a proposed rule on 
Administration for Native Americans (ANA) Non-federal Share Emergency 
Waivers. The rule will propose the ability for current grantees to 
request an emergency waiver for the non-federal share match. This 
update to ANA's regulation would provide a new provision for recipients 
to request an emergency waiver in the event of a natural or man-made 
emergency such as a public health pandemic.
    Additionally, the Department issued a proposed rule on Paternity 
Establishment Percentage Performance Relief. This rule proposes to 
modify the Paternity Establishment Percentage performance requirements 
in child support regulations to provide relief from financial penalties 
to states impacted by the COVID-19 pandemic. Without regulatory relief, 
20 out of the 54 child support programs may be subject to financial 
penalties associated with their failure to achieve performance for the 
Paternity Establishment Percentage (PEP). PEP-related financial 
penalties, which are imposed as reductions in the state's Temporary 
Assistance for Needy Families (TANF) program funding, place an undue 
burden on state budgets and threaten funding that supports the very 
families who are most in need during this time of crisis.

IV. Boosting the Wellbeing of Children and Families

    The Department's mission to provide effective human services to 
Americans includes a focus on protecting the wellbeing of children and 
families. This focus has special significance given the COVID-19 
pandemic and its economic consequences, which have deeply affected the 
lives of children and youth, especially those who are in foster care or 
otherwise involved in the child welfare system. Secretary Becerra has 
therefore prioritized children and youth that are in, or candidates 
for, foster care in the HHS Regulatory Plan.
    In support of this priority, the Department will issue a proposed 
rule to allow Licensing Standards for Relative or Kinship Foster Family 
Homes that are different from non-relative homes. Currently, in order 
to claim Title IV-E funding, federal regulations require that all 
foster family homes meet the same licensing standards, regardless of 
whether the foster family home is a relative or non-relative placement. 
The proposed change would address barriers to licensing relatives and 
kin who can provide continuity and a safe and loving home for children 
when they cannot be with their parents.

[[Page 5058]]

    The Department will also issue a proposed rule to reimburse 
agencies for Title IV-E Administrative Expenditures for Independent 
Legal Representation in Foster Care and other Related Civil Legal 
Issues. This rule would make it easier for Title IV-E agencies to 
facilitate the provision of independent legal representation to a child 
who is a candidate for foster care or in foster care and to a parent 
preparing for participation in foster care legal proceedings. Improving 
access to independent legal representation may help prevent the removal 
of a child from the home or, for a child in foster care, achieve 
permanence faster.

HHS--OFFICE OF THE INSPECTOR GENERAL (OIG)

Final Rule Stage

44. Amendments to Civil Monetary Penalty Law Regarding Grants, 
Contracts, and Information Blocking

    Priority: Other Significant.
    Legal Authority: 21st Century Cures Act; Pub. L. 114-255; secs. 
4004 and 5003; Bipartisan Budget Act of 2018 (BBA 2018), Pub. L. 115-
123. sec. 50412
    CFR Citation: 42 CFR 1003; 42 CFR 1005.
    Legal Deadline: None.
    Abstract: The final regulation modifies 42 CFR 1003 and 1005 by 
addressing three issues. First, the 21st Century Cures Act (Cures Act) 
provision that authorizes the Department of Health and Human Services 
(HHS) to impose civil monetary penalties, assessments, and exclusions 
upon individuals and entities that engage in fraud and other misconduct 
related to HHS grants, contracts, and other agreements. Second, the 
Cures Act information blocking provisions that authorize the Office of 
Inspector General to investigate claims of information blocking and 
provide HHS the authority to impose CMPs for information blocking. 
Third, the Bipartisan Budget Act of 2018 increases in penalty amounts 
in the Civil Monetary Penalties Law.
    Statement of Need: The 21st Century Cures Act (Cures Act) set forth 
new authorities which need to be added to HHS's existing civil monetary 
penalty authorities. This final rule seeks to add the new authorities 
to the existing civil monetary penalty regulations and to set forth the 
procedural and appeal rights for individuals and entities. The 
Bipartisan Budget Act of 2018 (BBA) amended the Civil Monetary 
Penalties Law (CMPL) to increase the amounts of certain civil monetary 
penalties which requires amending the existing regulations for 
conformity. The final rule seeks to ensure alignment between the 
increased civil monetary penalties in the statute and the civil 
monetary penalties set forth in the OIG's rules.
    Summary of Legal Basis: The legal authority for this regulatory 
action is found in: (1) Section 1128A(a)-(b) of the Social Security 
Act, the Civil Monetary Penalties Law (42 U.S.C. 1320a-7a), which 
provides for civil monetary penalty amounts; (2) section 1128A(o)-(s) 
of the Social Security Act, which provides for civil monetary penalties 
for fraud and other misconduct related to grants, contracts, and other 
agreements; and (3) section 3022(b) of the Public Health Service Act 
(42 U.S.C. 300jj-52), which provides for investigation and enforcement 
of information blocking.
    Alternatives: The regulations incorporate the statutory changes to 
HHS' authority found in the Cures Act and the BBA. The alternative 
would be to rely solely on the statutory authority and not align the 
regulations accordingly. However, we concluded that the public benefit 
of providing clarity by placing the new civil monetary penalties and 
updated civil monetary penalty amounts within the existing regulatory 
framework outweighed any burdens of additional regulations promulgated.
    Anticipated Cost and Benefits: We believe that there are no 
significant costs associated with these proposed revisions that would 
impose any mandates on State, local, or Tribal governments or the 
private sector. The regulation will provide a disincentive for 
bottlenecks to the flow of health data that exist, in part, because 
parties are reticent to share data across the healthcare system or 
prefer not to do so. The final rule will help foster interoperability, 
thus improving care coordination, access to quality healthcare, and 
patients' access to their healthcare data.
    Risks: We believe the risks of this regulatory action are minimal 
because we are relying upon statutory authorities and placing the 
regulation within our existing regulatory framework.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/24/20  85 FR 22979
NPRM Comment Period End.............   06/23/20  .......................
Final Action........................   03/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Chris Hinkle, Senior Advisor, Department of Health 
and Human Services, Office of the Inspector General, 330 Independence 
Avenue SW, Washington, DC 20201, Phone: 202 891-6062, Email: 
[email protected].
    RIN: 0936-AA09

HHS--OFFICE FOR CIVIL RIGHTS (OCR)

Proposed Rule Stage

45. Rulemaking on Discrimination on the Basis of Disability in Critical 
Health and Human Services Programs or Activities (Rulemaking Resulting 
From a Section 610 Review)

    Priority: Other Significant.
    Unfunded Mandates: Undetermined.
    Legal Authority: Sec. 504 of the Rehabilitation Act of 1973
    CFR Citation: 45 CFR 84.
    Legal Deadline: None.
    Abstract: This proposed rule would revise regulations under section 
504 of the Rehabilitation Act of 1973 to address unlawful 
discrimination on the basis of disability in certain vital HHS-funded 
health and human services programs. Covered topics include non-
discrimination in life-sustaining care, organ transplantation, suicide 
prevention services, child welfare programs and services, health care 
value assessment methodologies, accessible medical equipment, auxiliary 
aids and services, Crisis Standards of Care and other relevant health 
and human services activities.
    Statement of Need: To robustly enforce the prohibition of 
discrimination on the basis of disability, OCR will update the section 
504 of the Rehabilitation Act regulations to clarify obligations and 
address issues that have emerged in our enforcement experience 
(including complaints OCR has received), caselaw, and statutory changes 
under the Americans with Disabilities Act and other relevant laws, in 
the forty-plus years since the regulation was promulgated. OCR has 
heard from complainants and many other stakeholders, as well as federal 
partners, including the National Council on Disability, on the need for 
updated regulations in a number of important areas, including non-
discrimination in life-sustaining care, organ transplantation, suicide 
prevention services, child welfare programs and services, health care 
value assessment methodologies, accessible medical equipment, auxiliary 
aids and services, Crisis Standards of Care and other

[[Page 5059]]

relevant health and human services activities.
    Summary of Legal Basis: These regulations are required by law. The 
current regulations have not been updated to be consistent with the 
Americans with Disabilities Act, the Americans with Disabilities 
Amendments Act, or the 1992 Amendments to the Rehabilitation Act, all 
of which made changes that should be reflected in the HHS section 504 
regulations. Under Executive Order 12250, the Department of Justice has 
provided a template for HHS to update this regulation.
    Alternatives: OCR considered issuing guidance, and/or investigating 
individual complaints and compliance reviews. However, we concluded 
that not taking regulatory action could result in continued 
discrimination, inequitable treatment and even untimely deaths of 
people with disabilities. OCR continues to receive complaints alleging 
serious acts of disability discrimination each year. While we continue 
to engage in enforcement, we believe that our enforcement and 
recipients' overall compliance with the law will be better supported by 
the presence of a clearly articulated regulatory framework than 
continuing the status quo. Continuing to conduct case-by-case 
investigations without a broader framework risks lack of clarity on the 
part of providers and violations of section 504 that could have been 
avoided and may go unaddressed. By issuing a proposed rule, we are 
undertaking the most efficient and effective means of promoting 
compliance with section 504.
    Anticipated Cost and Benefits: The Department anticipates that this 
rulemaking will result in significant benefits, namely by providing 
clear guidance to the covered entity community regarding requirements 
to administer their health programs and activities in a non-
discriminatory manner. In turn, the Department anticipates cost savings 
as individuals with disabilities can access a range of health care 
services. The Department expects that the rule, when finalized, will 
generate some changes in action and behavior that may generate some 
costs. The rule will address a wide range of issues, with varying 
impacts and a comprehensive analysis is underway.
    Risks: To be determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Undetermined.
    Agency Contact: Molly Burgdorf, Section Chief, Civil Rights 
Division, Department of Health and Human Services, Office for Civil 
Rights, 200 Independence Avenue SW, Washington, DC 20201, Phone: 202 
357-3411, Email: [email protected].
    RIN: 0945-AA15

HHS--OCR

46. Confidentiality of Substance Use Disorder Patient Records

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 290dd-2 amended by the Coronavirus Aid, 
Relief, and Economic Security Act (the CARES Act), Pub. L. 116-136, 
sec. 3221 (March 27, 2020); Health Information Technology for Economic 
and Clinical Health (HITECH) Act, Pub. L. 111-5, sec. 13402 and 13405 
(February 17, 2009); Health Insurance Portability and Accountability 
Act of 1996 (HIPAA) Pub. L. 104-191, sec. 264 (August 21, 1996); Social 
Security Act, Pub. L. 74-271 (August 14, 1935) (see secs. 1171 to 1179 
of the Social Security Act, 42 U.S.C. 1320d to 1320d-8)
    CFR Citation: 42 CFR 2; 45 CFR 160; 45 CFR 164.
    Legal Deadline: NPRM, Statutory, March 27, 2021.
    The CARES Act requires the revisions to regulations with respect to 
uses and disclosures of information occurring on or after the date that 
is 12 months after the date of enactment of the Act (March 27, 2021); 
and not later than one year after the date of enactment, an update to 
the Notice of Privacy Practices (NPP) provisions of the HIPAA Privacy 
Rule at 45 CFR 164.520.
    Abstract: This rulemaking, to be issued in coordination with the 
Substance Abuse and Mental Health Services Administration (SAMHSA), 
would implement provisions of section 3221 of the CARES Act. Section 
3221 amended 42 U.S.C. 290dd-2 to better harmonize the 42 CFR part 2 
(part 2) confidentiality requirements with certain permissions and 
requirements of the HIPAA Rules and the HITECH Act. This rulemaking 
also would implement the requirement in section 3221 of the CARES Act 
to modify the HIPAA Privacy Rule NPP provisions so that HIPAA covered 
entities and part 2 programs provide notice to individuals regarding 
part 2 records, including patients' rights and uses and disclosures 
permitted or required without authorization.
    Statement of Need: Rulemaking is needed to implement section 3221 
of the CARES Act, which modified the statute that establishes 
protections for the confidentiality of substance use disorder (SUD) 
treatment records and authorizes the implementing regulations at 42 CFR 
part 2 (part 2). As required by the CARES Act, this NPRM proposes 
regulatory modifications to: (1) Align certain provisions of part 2 
with aspects of the HIPAA Privacy, Breach Notification, and Enforcement 
Rules. (2) Strengthen part 2 protections against uses and disclosures 
of patients' SUD records for civil, criminal, administrative, and 
legislative proceedings. (3) Require that a HIPAA Notice of Privacy 
Practices address privacy practices with respect to part 2 records.
    Summary of Legal Basis: Section 3221(i) of the CARES Act requires 
rulemaking as may be necessary to implement and enforce section 3221.
    Alternatives: HHS considered whether the CARES Act provisions could 
be implemented through guidance. However, rulemaking is required 
because the current part 2 regulations are inconsistent with the 
authorizing statute, as amended by the CARES Act. HHS considered 
whether to include the anti discrimination provisions of section 
3221(g) in this rulemaking. However, because implementation of the anti 
discrimination provisions implicates numerous civil rights authorities, 
which require collaboration with the Department of Justice, HHS will 
address the anti discrimination provisions in a separate rulemaking. 
HHS considered whether to propose additional changes to part 2 that are 
not required by section 3221 of the CARES Act. However, adding more 
proposals would delay publication of the proposed rule and eventual 
implementation of the CARES Act requirements.
    Anticipated Cost and Benefits: HHS estimates that the effects of 
the proposed requirements for regulated entities would result in new 
costs of $16,872,779 within 12 months of implementing the final rule. 
HHS estimates these first-year costs would be partially offset by 
$11,182,618 of first year cost savings, followed by net savings of 
$9,612,567 annually in years two through five, resulting in overall net 
cost savings of $32,760,108 over 5 years.
    Risks: To be determined.
    Timetable:

------------------------------------------------------------------------
              Action                   Date             FR Cite
------------------------------------------------------------------------
NPRM..............................   01/00/22  .........................
------------------------------------------------------------------------


[[Page 5060]]

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Marissa Gordon-Nguyen, Senior Advisor for Health 
Information Privacy Policy, Department of Health and Human Services, 
Office for Civil Rights, 200 Independence Avenue SW, Washington, DC 
20201, Phone: 800 368-1019, TDD Phone: 800 537-7697, Email: 
[email protected].
    RIN: 0945-AA16

HHS--OCR

47. Nondiscrimination in Health Programs and Activities

    Priority: Economically Significant. Major status under 5 U.S.C. 801 
is undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: Sec. 1557 of the Patient Protection and Affordable 
Care Act (42 U.S.C. 18116)
    CFR Citation: 42 CFR 92.
    Legal Deadline: None.
    Abstract: This proposed rulemaking would propose changes to the 
2020 Final Rule implementing section 1557 of the Patient Protection and 
Affordable Care Act (PPACA). Section 1557 of PPACA prohibits 
discrimination on the basis of race, color, national origin, sex, age, 
or 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 I of the PPACA.
    Statement of Need: The Biden Administration has made advancing 
health equity a cornerstone of its policy agenda. The current section 
1557 implementing regulation significantly curtails the scope of 
application of section 1557 protections and creates uncertainty and 
ambiguity as to what constitutes prohibited discrimination in covered 
health programs and activities. Issuance of a revised section 1557 
implementing regulation is important because it would provide clear and 
concise regulations that protect historically marginalized communities 
as they seek access to health programs and activities.
    Summary of Legal Basis: The Secretary of the Department is 
statutorily authorized to promulgate regulations to implement section 
1557. 42 U.S.C. 18116(c). The current section 1557 Final Rule is 
pending litigation.
    Alternatives: The Department has considered the alternative of 
maintaining the section 1557 implementing regulation in its current 
form; however, the Department believes it is appropriate to undertake 
rulemaking given the Administration's commitment to advancing equity 
and access to health care and in light of the issues raised in 
litigation challenges to the current rule.
    Anticipated Cost and Benefits: In enacting section 1557 of the ACA, 
Congress recognized the benefits of equal access to health services and 
health insurance that all individuals should have, regardless of their 
race, color, national origin, sex, age, or disability. The Department 
anticipates that this rulemaking will result in significant benefits, 
namely by providing clear guidance to the covered entity community 
regarding requirements to administer their health programs and 
activities in a non-discriminatory manner. In turn, the Department 
anticipates cost savings as individuals are able to access a range of 
health care services that will result in decreased health disparities 
among historically marginalized groups and increased health benefits. 
The Department does not yet have an anticipated cost for this proposed 
rulemaking; however, it is important to recognize that this NPRM 
applies pre-existing nondiscrimination requirements in Federal civil 
rights laws to various entities, the great majority of which have been 
covered by these requirements for years.
    Risks: To be determined.
    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Dylan Nicole de Kervor, Section Chief, Civil Rights 
Division, Department of Health and Human Services, Office for Civil 
Rights, 200 Independence Avenue SW, Washington, DC 20201, Phone: 800 
368-1019, TDD Phone: 800 537-7697, Email: [email protected].
    RIN: 0945-AA17

HHS--OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION 
TECHNOLOGY (ONC)

Proposed Rule Stage

48.  ONC Health IT Certification Program Updates, Health 
Information Network Attestation Process for the Trusted Exchange 
Framework and Common Agreement, and Enhancements To Support Information 
Sharing

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: 42 U.S.C. 300jj-11; 42 U.S.C. 300jj-14; 42 U.S.C. 
300jj-19a; 42 U.S.C. 300jj-52; 5 U.S.C. 552; Pub. L. 114-255; Pub. L. 
116-260
    CFR Citation: 45 CFR 170; 45 CFR 171; 45 CFR 172.
    Legal Deadline: Final, Statutory, December 13, 2017, Conditions of 
certification and maintenance of certification.
    Final, Statutory, July 24, 2019, Publish a list of the health 
information networks that have adopted the common agreement and are 
capable of trusted exchange pursuant to the common agreement.
    Abstract: The rulemaking implements certain provisions of the 21st 
Century Cures Act, including: the Electronic Health Record Reporting 
Program condition and maintenance of certification requirements under 
the ONC Health IT Certification Program; a process for health 
information networks that voluntarily adopt the Trusted Exchange 
Framework and Common Agreement to attest to such adoption of the 
framework and agreement; and enhancements to support information 
sharing under the information blocking regulations. The rulemaking 
would also include proposals for new standards and certification 
criteria under the Certification Program related to real-time benefit 
tools and electronic prior authorization and potentially other 
revisions to the Certification Program.
    Statement of Need: The rulemaking would implement certain 
provisions of the 21st Century Cures Act, including: the Electronic 
Health Record (EHR) Reporting Program condition and maintenance of 
certification requirements under the (Certification Program); a process 
for health information networks that voluntarily adopt the Trusted 
Exchange Framework and Common Agreement to attest to such adoption of 
the framework and agreement; and enhancements to support information 
sharing under the information blocking regulations. The rulemaking 
would also include

[[Page 5061]]

proposals for new standards and certification criteria under the 
Certification Program related to real-time benefit tools and electronic 
prior authorization. These proposals would fulfill statutory 
requirements, provide transparency, advance interoperability, and 
support the access, exchange, and use of electronic health information. 
Transparency regarding health care information and activities as well 
as the interoperability and electronic exchange of health information 
are central to the efforts of the Department of Health and Human 
Services to enhance and protect the health and well-being of all 
Americans.
    Summary of Legal Basis: The provisions would be implemented under 
the authority of the Public Health Service Act, as amended by the 
HITECH Act and the 21st Century Cures Act.
    Alternatives: ONC will consider different options and measures to 
improve transparency, and the interoperability and access to electronic 
health information so that the benefits to providers, patients, and 
payers are maximized and the economic burden to health IT developers, 
providers, and other stakeholders is minimized.
    Anticipated Cost and Benefits: The majority of costs for this 
proposed rule would be incurred by health IT developers in terms of 
meeting new requirements and continual compliance with the EHR 
Reporting Program condition and maintenance of certification 
requirements. We also expect that implementation of new standards and 
information sharing requirements may also account for some costs. We 
expect that through implementation and compliance with the regulations, 
the market (particularly patients, payers, and providers) will benefit 
greatly from increased transparency, interoperability, and streamlined, 
lower cost access to electronic heath information.
    Risks: At this time, ONC has not been able to identify any 
substantial risks that would undermine likely proposals in the proposed 
rule. ONC will continue to consider and deliberate regarding any 
identified potential risks and will be sure to identify them for 
stakeholders and seek comment from stakeholders during the comment 
period for the proposed rule.
    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/22
NPRM Comment Period End.............   09/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: Undetermined.
    Agency Contact: Michael Lipinski, Director, Regulatory & Policy 
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, Email: [email protected].
    RIN: 0955-AA03

HHS--SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION (SAMHSA)

Proposed Rule Stage

49.  Treatment of Opioid Use Disorder With Buprenorphine 
Utilizing Telehealth

    Priority: Other Significant. Major under 5 U.S.C. 801.
    Legal Authority: The Controlled Substances Act, as amended by the 
Ryan Haight Act (21 U.S.C. 802(54)(G))
    CFR Citation: 42 CFR 8.11(h).
    Legal Deadline: None.
    Abstract: In the face of an escalating overdose crisis and an 
increasing need to reach remote and underserved communities, extending 
the buprenorphine telehealth flexibility is of paramount importance. To 
permanently continue this flexibility among OTPs after the COVID-19 
public health emergency ends, SAMHSA proposes to revise OTP regulations 
under 42 CFR part 8.
    Statement of Need: This change will help facilitate access to 
Medications for Opioid Use Disorder (MOUD) in SAMHSA-regulated opioid 
treatment programs (https://www.samhsa.gov/medication-assisted-treatment/become-accredited-opioid-treatment-program). Research details 
that many patients are unable to regularly access OTPs due to 
unreliable transportation, geographic disparity, employment or required 
activities of daily living. Providing buprenorphine via telehealth will 
allow more patients to receive comprehensive treatment.
    Summary of Legal Basis: To be determined.
    Alternatives: In the absence of congressional action, rulemaking is 
required.
    Anticipated Cost and Benefits: This change will help facilitate 
access to and ensure continuity of medication treatment for opioid use 
disorder in SAMHSA-regulated opioid treatment programs. The change will 
likely reduce long-term costs at the practice level, while also 
facilitating access to treatment. However, a minority of providers may 
face upfront technology costs as they scale-up the provision of 
treatment via telehealth. We expect that since many providers have now 
shifted in part to telehealth services during the COVID-19 Public 
Health Emergency, their costs should now be related to equipment 
upgrades and software updates. The cost to patients would involve 
either use of Wi-Fi, data usage with their respective cellular devices 
or landline telephone service. We expect that many patients already 
have acquired some of these services, so the cost would be monthly 
maintenance of such services.
    Risks: Patients seeking this care might still be required to have 
an in person visit, as specified by their provider's plan of care, so 
to receive comprehensive treatment. Without this provision, there is 
risk of patients receiving a lower standard of care and increased risk 
of diversion of the prescribed medications.
    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: Dr. Neeraj Gandotra, Chief Medical Officer, 
Department of Health and Human Services, Substance Abuse and Mental 
Health Services Administration, 5600 Fishers Lane, 18E67, Rockville, MD 
20857, Phone: 202 823-1816, Email: [email protected].
    RIN: 0930-AA38

HHS--SAMHSA

50.  Treatment of Opioid Use Disorder With Extended Take Home 
Doses of Methadone

    Priority: Economically Significant. Major status under 5 U.S.C. 801 
is undetermined.
    Legal Authority: 21 U.S.C. 823(g)(1)
    CFR Citation: 42 CFR 8.
    Legal Deadline: None.
    Abstract: SAMHSA will revise 42 CFR part 8 to make permanent some 
regulatory flexibilities for opioid treatment programs to provide 
extended take home doses of methadone. To facilitate this new treatment 
paradigm, sections of 42 CFR part 8 will require updating to reflect 
current treatment

[[Page 5062]]

practice. SAMHSA's changes will impact roughly 1,800 opioid treatment 
programs and state opioid treatment authorities.
    Statement of Need: This change will help ensure continuity of 
access to Medications for Opioid Use Disorder (MOUD) in SAMHSA-
regulated opioid treatment programs (https://www.samhsa.gov/medication-assisted-treatment/become-accredited-opioid-treatment-program). 
Research and stakeholder feedback details that the take home 
flexibilities have been well received by treatment programs and 
patients. There are very few reports of diversion or overdose, and the 
provision of extended take home doses facilitates patient engagement in 
activities, such as employment, that support recovery. Moreover, those 
with limited access to transportation benefit from extended take home 
doses since they are not required to attend the OTP almost each day of 
the week to receive Methadone. In this way, making permanent the 
methadone extended take home flexibility will facilitate treatment 
engagement.
    Summary of Legal Basis: The current OTP exemption at issue allows 
OTPs to operate in a manner that is otherwise inconsistent with 
existing OTP regulations, and therefore, a permanent extension of such 
exemptions would necessitate revisions of the OTP regulations.
    Alternatives: In the absence of congressional action, rulemaking is 
required.
    Anticipated Cost and Benefits: This change will help facilitate and 
ensure continuity of access to medication treatment for opioid use 
disorder in SAMHSA-regulated opioid treatment programs. Programs have 
already incorporated this flexibility into practice and have systems in 
place that support its delivery in a cost effective and patient 
centered manner. This proposed rule is not expected to impart a cost to 
patients. In fact, the proposed rule allows patients to engage in 
employment and necessary daily activities. This supports income 
generation and also recovery. The increased number of take homes 
allowed may affect OTP clinic visit and thereby reduce revenue derived 
from clinical encounters and medication visits. Conversely patients may 
experience more convenient engagement with OTPs as the visits to clinic 
would be decreased.
    Risks: Patients seeking this care should still be required to have 
an in-person visit at the OTP in between provision of take-home doses, 
as directed by their treating physician's plan of care. Without this 
provision, there is risk of patients receiving a lower standard of care 
and increased risk of diversion of the prescribed medications.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: State.
    Agency Contact: Dr. Neeraj Gandotra, Chief Medical Officer, 
Department of Health and Human Services, Substance Abuse and Mental 
Health Services Administration, 5600 Fishers Lane, 18E67, Rockville, MD 
20857, Phone: 202 823-1816, Email: [email protected].
    RIN: 0930-AA39

HHS--CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC)

Final Rule Stage

51.  Requirement for Proof of Vaccination or Other Proof of 
Immunity Against Quarantinable Communicable Diseases

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: secs. 215 and 311 of the Public Health Service 
(PHS) Act, as amended (42 U.S.C. 216, 243); sec. 361 to 369, PHS Act, 
as amended (42 U.S.C. 264 to 272)
    CFR Citation: 42 CFR 71.
    Legal Deadline: None.
    Abstract: This Interim Final Rule (IFR) will amend current 
regulations to permit CDC to require proof of vaccination or other 
proof of immunity against quarantinable communicable diseases. When CDC 
exercises this authority, persons arriving at a U.S. port of entry will 
be required to provide proof of immunity against quarantinable 
communicable diseases or proof of having been fully vaccinated against 
quarantinable communicable diseases. Additionally, as a condition of 
controlled free pratique under 42 CFR 71.31(b), carriers destined for 
the United States must also comply with requirements of any order 
issued pursuant to the IFR.
    Statement of Need: In response to the COVID-19 pandemic, CDC is 
amending current regulations to require proof of vaccination or other 
proof of immunity against quarantinable communicable diseases for 
persons arriving at a U.S. port of entry.
    Summary of Legal Basis: HHS/CDC is promulgating this rule under 
sections 215 and 311 of the Public Health Service Act, as amended (42 
U.S.C. 216, 243); section 361 to 369, PHS Act, as amended (42 U.S.C 264 
to 272).
    Alternatives: An alternative considered would allow non-U.S. 
nationals to submit accurate contact information, complete post-arrival 
testing, and self-quarantine after arrival in the United States in lieu 
of the vaccination requirement.
    Anticipated Cost and Benefits: HHS/CDC believes it is likely that 
this rulemaking will be determined to be economically significant under 
E.O. 12866.
    Risks: This rulemaking addresses the risk of introduction of 
communicable diseases by international travelers into the United 
States. By implementing this rulemaking, CDC can reduce the risk of 
importation of new COVID-19 variants into the United States. This 
rulemaking is expected to increase the number of travelers who are 
fully vaccinated upon arrival and reduce the number of international 
travelers arriving while infected.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   12/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal, Local, State.
    Federalism: Undetermined.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Agency Contact: Ashley C. Altenburger JD, Public Health Analyst, 
Department of Health and Human Services, Centers for Disease Control 
and Prevention, 1600 Clifton Road NE, MS: H 16-4, Atlanta, GA 30307, 
Phone: 800 232-4636, Email: [email protected].
    RIN: 0920-AA80

HHS--FOOD AND DRUG ADMINISTRATION (FDA)

Proposed Rule Stage

52. Nonprescription Drug Product With an Additional Condition for 
Nonprescription Use

    Priority: Other Significant.
    Unfunded Mandates: Undetermined.
    Legal Authority: 21 U.S.C. 321; 21 U.S.C. 352; 21 U.S.C. 355; 21 
U.S.C. 371; 42 U.S.C. 262; 42 U.S.C. 264; . . .

[[Page 5063]]

    CFR Citation: 21 CFR 201.67; 21 CFR 314.56; 21 CFR 314.81; 21 CFR 
314.125; 21 CFR 314.127.
    Legal Deadline: None.
    Abstract: The proposed rule is intended to increase access to 
nonprescription drug products. The proposed rule would establish 
requirements for a drug product that could be marketed as a 
nonprescription drug product with an additional condition that an 
applicant must implement to ensure appropriate self-selection, 
appropriate actual use, or both by consumers.
    Statement of Need: Nonprescription products have traditionally been 
limited to drugs that can be labeled with information for consumers to 
safely and appropriately self-select and use the drug product without 
supervision of a health care provider. There are certain prescription 
medications that may have comparable risk-benefit profiles to over-the-
counter medications in selected populations. However, appropriate 
consumer selection and use may be difficult to achieve in the 
nonprescription setting based solely on information included in 
labeling. FDA is proposing regulations that would establish the 
requirement for a drug product that could be marketed as a 
nonprescription drug product with an additional condition that an 
applicant must implement to ensure appropriate self-selection or 
appropriate actual use or both for consumers.
    Summary of Legal Basis: FDA's proposed revisions to the regulations 
regarding labeling and applications for nonprescription drug products 
labeling are authorized by the FD&C Act (21 U.S.C. 321 et seq.) and by 
the Public Health Service Act (42 U.S.C. 262 and 264).
    Alternatives: FDA evaluated various requirements for new drug 
applications to assess flexibility of nonprescription drug product 
design through drug labeling for appropriate self-selection and 
appropriate use.
    Anticipated Cost and Benefits: The benefits of the proposed rule 
would include increased consumer access to drug products, which could 
translate to a reduction in under treatment of certain diseases and 
conditions. Benefits to industry would arise from the flexibility in 
drug product approval. The proposed rule would impose costs arising 
from the development of an innovative approach to assist consumers with 
nonprescription drug product self-selection or use.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    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-AH62

HHS--FDA

53. Nutrient Content Claims, Definition of Term: Healthy

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 21 U.S.C. 321; 21 U.S.C. 331; 21 U.S.C. 343; 21 
U.S.C. 371
    CFR Citation: 10 CFR 101.65 (revision).
    Legal Deadline: None.
    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 helps 
consumers maintain healthy dietary practices.
    Statement of Need: FDA is proposing to redefine ``healthy'' to make 
it more consistent with current public health recommendations, 
including those captured in recent changes to the Nutrition Facts 
label. The existing definition for ``healthy'' is based on nutrition 
recommendations regarding intake of fat, saturated fat, and 
cholesterol, and specific nutrients Americans were not getting enough 
of in the early 1990s. Nutrition recommendations have evolved since 
that time; recommended diets now focus on dietary patterns, which 
includes getting enough of certain food groups such as fruits, 
vegetables, low-fat dairy, and whole grains. Chronic diseases, such as 
heart disease, cancer, and stroke, are the leading causes of death and 
disability in the United States and diet is a contributing factor to 
these diseases. Claims on food packages such as ``healthy'' can provide 
quick signals to consumers about the healthfulness of a food or 
beverage, thereby making it easier for busy consumers to make healthy 
choices.
    FDA is proposing to update the existing nutrient content claim 
definition of ``healthy'' based on the food groups recommended by the 
Dietary Guidelines for Americans and also require a food product to be 
limited in certain nutrients, including saturated fat, sodium, and 
added sugar, to ensure that foods bearing the claim can help consumers 
build more healthful diets to help reduce their risk of diet-related 
chronic disease.
    Summary of Legal Basis: FDA is issuing this proposed rule under 
sections 201(n), 301(a), 403(a), 403(r), and 701(a) of the Federal 
Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 321(n), 331(a), 
343(a), 343(r), and 371(a)). These sections authorize the agency to 
adopt regulations that prohibit labeling that bears claims that 
characterize the level of a nutrient which is of a type required to be 
declared in nutrition labeling unless the claim is made in accordance 
with a regulatory definition established by FDA. Pursuant to this 
authority, FDA issued a regulation defining the ``healthy'' implied 
nutrient content claim, which is codified at 21 CFR 101.65. This 
proposed rule would update the existing definition to be consistent 
with current federal dietary guidance.
    Alternatives:
    Alternative 1: Codify the policy in the current enforcement 
discretion guidance.
    In 2016, FDA published ``Use of the Term `Healthy' in the Labeling 
of Human Food Products: Guidance for Industry.'' This guidance was 
intended to advise food manufacturers of FDA's intent to exercise 
enforcement discretion relative to foods that use the implied nutrient 
content claim ``healthy'' on their labels which: (1) Are not low in 
total fat, but have a fat profile makeup of predominantly mono and 
polyunsaturated fats; or (2) contain at least 10 percent of the Daily 
Value (DV) per reference amount customarily consumed (RACC) of 
potassium or vitamin D.
    One alternative is to codify the policy in this guidance. Although 
guidance is non-binding, we assume that most packaged food 
manufacturers are aware of the guidance and, over the past 2 years, 
have already made any adjustments to their products or product 
packaging. Therefore, we assume that this alternative would have no 
costs to industry and no benefits to consumers.
    Alternative 2: Extend the compliance date by 1 year.

[[Page 5064]]

    Extending the anticipated proposed compliance date on the rule 
updating the definition by 1 year would reduce costs to industry as 
they would have more time to change products that may be affected by 
the rule or potentially coordinate label changes with already scheduled 
label changes. On the other hand, a longer compliance date runs the 
risk of confusing consumers that may not understand whether a packaged 
food product labeled ``healthy'' follows the old definition or the 
updated one.
    Anticipated Cost and Benefits: Food products bearing the 
``healthy'' claim currently make up a small percentage (5%) of total 
packaged foods. Quantified costs to manufacturers include labeling, 
reformulating, and recordkeeping. Discounted at seven percent over 20 
years, the mean present value of costs of the proposed rule is $237 
million, with a lower bound of $110 million and an upper bound of $434 
million.
    Updating the definition of ``healthy'' to align with current 
dietary recommendations can help consumers build more healthful diets 
to help reduce their risk of diet-related chronic diseases. Discounted 
at seven percent over 20 years, the mean present value of benefits of 
the proposed rule is $260 million, with a lower bound estimate of $17 
million and an upper bound estimate of $700 million.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Undetermined.
    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

HHS--FDA

54. Biologics Regulation Modernization

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 262; 42 U.S.C. 301, et seq.
    CFR Citation: 21 CFR 601.
    Legal Deadline: None.
    Abstract: FDA's biologics regulations will be updated to clarify 
existing requirements and procedures related to Biologic License 
Applications and to promote the goals associated with FDA's 
implementation of the abbreviated licensure pathway created by the 
Biologics Price Competition and Innovation Act of 2009.
    Statement of Need: As biologics regulations were primarily drafted 
in the 1970s, before passage of the BPCI Act, the regulations need to 
be updated and modernized to account for the existence of biosimilar 
and interchangeable biological products. The intent of this rulemaking 
is to make high priority updates to FDA's biologics regulations with 
the goals of (1) providing enhanced clarity and regulatory certainty 
for manufacturers of both originator and biosimilar/interchangeable 
products and (2) help prevent the gaming of FDA regulatory requirements 
to prevent or delay competition from biosimilars and interchangeable 
products.
    Summary of Legal Basis: FDA's authority for this rule derives from 
the biological product provisions in section 351 of the PHS Act (42 
U.S.C. 262), and the provisions of the Federal Food, Drug, and Cosmetic 
Act (FD&C Act) (21 U.S.C. 301, et seq.) applicable to biological 
products.
    Alternatives: FDA would continue to rely on guidance and one-on-one 
communications with sponsors through formal meetings and correspondence 
to provide clarity on existing requirements and procedures related to 
Biologic License Applications, increasing the risk of potential 
confusion and burden.
    Anticipated Cost and Benefits: This proposed rule would impose 
compliance costs on affected entities to read and understand the rule 
and to provide certain information relevant to the regulation. The 
provisions in this proposed rule would reduce regulatory uncertainty 
for manufacturers of originator and biosimilar and interchangeable 
products. This reduction of uncertainty may lead to time-savings to 
industry and cost-savings to government due to better organized and 
more complete BLAs and increased procedural clarity and predictability.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: None.
    Federalism: Undetermined.
    Agency Contact: Sandra Benton, Senior Policy Coordinator, 
Department of Health and Human Services, Food and Drug Administration, 
10903 New Hampshire Avenue, Building 22, Room 1132, Silver Spring, MD 
20993, Phone: 301 796-1042, Email: [email protected].
    RIN: 0910-AI14

HHS--FDA

55. Medical Devices; Ear, Nose and Throat Devices; Establishing Over-
the-Counter Hearing Aids and Aligning Other Regulations

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 21 U.S.C. 321; 21 U.S.C. 331 to 334; 21 U.S.C. 351 
and 352; 21 U.S.C. 360; 21 U.S.C. 360c to 360e; Pub. L. 115-52, 131 
Stat. 1065-67; 21 U.S.C. 360i to 360k; 21 U.S.C. 360l; 21 U.S.C. 371; 
21 U.S.C. 374; 21 U.S.C. 381; . . .
    CFR Citation: 21 CFR 800; 21 CFR 801; 21 CFR 808; 21 CFR 874.
    Legal Deadline: NPRM, Statutory, August 18, 2020.
    Abstract: FDA is proposing to establish an over-the-counter 
category of hearing aids to promote the availability of additional 
kinds of devices that address mild to moderate hearing loss, and 
proposing related amendments to the current hearing aid regulations, 
the regulations codifying FDA decisions on State applications for 
exemption from preemption, and the hearing aid classification 
regulations.
    Statement of Need: Hearing loss affects an estimated 30 million 
people in the United States and can have a significant impact on 
communication, social participation, and overall health and quality of 
life. However, only about one-fifth of people who could benefit from a 
hearing aid seek intervention. Several barriers likely impede the use 
of hearing aids, and FDA is proposing rules to address some of these 
concerns.
    Summary of Legal Basis: The Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 301 et seq.) establishes a comprehensive system for the 
regulation of devices intended for human use, and hearing aids are 
subject to those provisions. Furthermore, the FDA Reauthorization Act 
of 2017 (Pub. L. 115-52, 131 Stat. 1005, 1066) directs FDA to establish 
by regulation a category of over-the-counter hearing aids. This 
rulemaking establishes requirements for the safe and effective use of 
hearing aids, including for the over-the-counter category of hearing 
aids.

[[Page 5065]]

    Alternatives: FDA must establish the category of over-the-counter 
hearing aids as well as requirements that provide for reasonable 
assurance of safety and effectiveness of these hearing aids. However, 
FDA will consider different specific options to maximize the health 
benefits to hearing aid users while minimizing the economic burdens of 
the final rules.
    Anticipated Cost and Benefits: FDA expects benefits of the rule to 
include cost savings to consumers who wish to buy lower-cost hearing 
aids, in part by enabling consumers to cross-compare and purchase the 
devices more easily. Other benefits may include improving health 
equity, especially for Americans living in rural areas, those with 
limited mobility, or those with limited means. Individual benefits may 
include improved health outcomes, and therefore improved social and 
economic participation. FDA expects costs to include those costs to 
manufacturers for changing labeling and updating existing processes.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/20/21  86 FR 58150
NPRM Comment Period End.............   01/18/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: State.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    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-AI21

HHS--FDA

56. Tobacco Product Standard for Characterizing Flavors in Cigars

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 21 U.S.C. 331; 21 U.S.C. 333; 21 U.S.C. 371(a); 21 
U.S.C. 387b and 387c; 21 U.S.C. 387f(d) and 387g; . . .
    CFR Citation: 21 CFR 1166.
    Legal Deadline: None.
    Abstract: Evidence shows that flavored tobacco products appeal to 
youth and also shows that youth may be more likely to initiate tobacco 
use with such products. Characterizing flavors in cigars, such as 
strawberry, grape, orange, and cocoa, enhance taste and make them 
easier to use. Over a half million youth in the United States use 
flavored cigars, placing these youth at risk for cigar-related disease 
and death. This proposed rule is a tobacco product standard that would 
ban characterizing flavors (other than tobacco) in all cigars. We are 
taking this action with the intention of reducing the tobacco-related 
death and disease associated with cigar use.
    Statement of Need: The Federal Food, Drug, and Cosmetic Act (FD&C 
Act), as amended by the Family Smoking Prevention and Tobacco Control 
Act (Tobacco Control Act), authorizes FDA to adopt tobacco product 
standards under section 907 if the Secretary finds that a tobacco 
product standard is appropriate for the protection of the public 
health. This product standard would ban characterizing flavors (other 
than tobacco) in all cigars. Characterizing flavors in cigars, such as 
strawberry, grape, cocoa, and fruit punch, increase appeal and make the 
cigars easier to use, particularly among youth and young adults. This 
product standard would reduce the appeal of cigars, particularly to 
youth and young adults, and is intended to decrease the likelihood of 
experimentation, progression to regular use, and potential for 
addiction to nicotine. In addition, most of the users of flavored 
cigars are from under served communities and/or at risk populations, 
including racial/ethnic minorities, lesbian, gay, bisexual, transgender 
and queer (LGBTQ+) persons, those of lower socioeconomic status, and 
youth. As such, reducing the appeal and use of cigars by eliminating 
characterizing flavors is also expected to decrease tobacco-related 
disparities and promote health equity across population groups.
    Summary of Legal Basis: Section 907 of the FD&C Act authorizes the 
adoption of tobacco product standards if the Secretary finds that a 
tobacco product standard is appropriate for the protection of the 
public health. Section 907 also authorizes FDA to include in a product 
standard a provision that restricts the sale and distribution of a 
tobacco product to the extent that it may be restricted by a regulation 
under section 906(d) of the FD&C Act. Section 701(a) of the FD&C Act 
authorizes the promulgation of regulations for the efficient 
enforcement of the FD&C Act.
    Alternatives: In addition to the costs and benefits of the proposed 
rule, FDA will assess the costs and benefits of changing the effective 
date of the rule, and including pipe tobacco in the proposed standard.
    Anticipated Cost and Benefits: The anticipated benefits of the 
proposed rule stem from diminished exposure to tobacco smoke for users 
of cigars from decreased experimentation, progression to regular use, 
and consumption of cigars with characterizing flavors other than 
tobacco. The diminished exposure and use is expected to reduce illness 
and improve health.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   03/21/18  83 FR 12294
ANPRM Comment Period End............   07/19/18
NPRM................................   04/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Samantha LohColladom, 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, Email: [email protected].
    RIN: 0910-AI28

HHS--FDA

57. Conduct of Analytical and Clinical Pharmacology, Bioavailability 
and Bioequivalence Studies

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: 21 U.S.C. 355; 21 U.S.C. 371; 21 U.S.C. 374; 42 
U.S.C. 262
    CFR Citation: 21 CFR 16; 21 CFR 314; 21 CFR 320; 21 CFR 321; 21 CFR 
601; . . .
    Legal Deadline: None.
    Abstract: FDA is proposing to amend 21 CFR 320, in certain parts, 
and establish a new 21 CFR 321 to clarify FDA's study conduct 
expectations for analytical and clinical pharmacology, bioavailability 
(BA) and bioequivalence (BE) studies that support marketing 
applications for human drug and biological products. The proposed rule 
would specify needed basic study conduct requirements to enable FDA to 
ensure those studies are conducted appropriately and to verify the 
reliability of study data from those

[[Page 5066]]

studies. This regulation would align with FDA's other good practice 
regulations, would also be consistent with current industry best 
practices, and would harmonize the regulations more closely with 
related international regulatory expectations.
    Statement of Need: FDA receives clinical pharmacology and clinical 
and analytical bioavailability (BA) and bioequivalence (BE) study data 
in support of new and abbreviated new drug applications, and biological 
license applications. Our ability to ensure studies supporting those 
applications are reliable and valid, including data reliability and 
human subject protection, is severely limited because our regulations 
governing BA and BE studies at 21 CFR part 320 lack basic study conduct 
requirements necessary for the Agency to verify study data reliability. 
Current part 320 does not describe specific responsibilities for 
persons involved in the conduct of clinical and analytical BA and BE 
studies, recordkeeping and record retention requirements, standing 
operating procedures, or compliance provisions. The proposed rule would 
revise part 320 and establish a new part 321 to codify the Agency's 
expectations, and industry best practices, for the conduct of clinical 
pharmacology and clinical and analytical BA and BE studies for human 
drug and biological product marketing applications.
    Summary of Legal Basis: FDA's proposed revisions to the regulations 
regarding the conduct of clinical pharmacology and clinical and 
analytical BA and BE are authorized by the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 355, 371 and 374) and by the Public Health 
Service Act (42 U.S.C. 262).
    Alternatives: FDA considered providing guidance to applicants and 
their contractors that conduct and submits clinical pharmacology and 
clinical and analytical BA and BE studies to the Agency in support of 
marketing applications.
    Anticipated Cost and Benefits: The benefits of the proposed rule 
would be increased clarity to industry on study conduct expectations 
that should improve study quality and thereby, to the extent possible, 
result in fewer study rejections due to deficiencies identified by 
Agency inspections, and thus promote faster application approvals. 
Also, potential benefit to patients by increasing the speed in which 
new human drug and biological products are approved to market. The 
costs would stem from the proposed rule establishing recordkeeping 
requirements and procedures and processes requirements that applicants 
and their contractors would need to meet. These proposed requirements 
are in-line with current industry best practices.
    Risks: The current regulatory framework does not adequately 
describe FDA's expectations for the conduct clinical pharmacology and 
clinical and analytical BA and BE studies to ensure industry performs 
those studies in a consistent and reliable manner. The proposed rule 
would establish basic study conduct expectations to ensure study 
reliability, including data reliability and human subject protection.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal.
    Agency Contact: Brian Joseph Folian, Regulatory Counsel, Department 
of Health and Human Services, Food and Drug Administration, 10903 New 
Hampshire Avenue, Building 51, Room 5215, Silver Spring, MD 20993-0002, 
Phone: 240 402-4089, Email: [email protected].
    RIN: 0910-AI57

HHS--FDA

58. Tobacco Product Standard for Menthol in Cigarettes

    Priority: Economically Significant. Major status under 5 U.S.C. 801 
is undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 21 U.S.C. 387g
    CFR Citation: Not Yet Determined.
    Legal Deadline: None.
    Abstract: This proposed rule is a tobacco product standard to 
prohibit the use of menthol as a characterizing flavor in cigarettes.
    Statement of Need: The Federal Food, Drug, and Cosmetic Act (FD&C 
Act), as amended by the Family Smoking Prevention and Tobacco Control 
Act (Tobacco Control Act), authorizes FDA to adopt tobacco product 
standards under section 907 if the Secretary finds that a tobacco 
product standard is appropriate for the protection of the public 
health. This product standard would ban menthol as a characterizing 
flavor in cigarettes. The standard would reduce the availability of 
menthol cigarettes and thereby decrease the likelihood that nonusers 
who would experiment with these products would progress to regular 
cigarette smoking. In addition, among current menthol cigarette 
smokers, the proposed tobacco product standard is likely to improve the 
health of current menthol cigarette smokers by decreasing consumption 
and increasing the likelihood of cessation.
    Summary of Legal Basis: Section 907 of the FD&C Act authorizes the 
adoption of tobacco product standards if the Secretary finds that a 
tobacco product standard is appropriate for the protection of public 
health.
    Alternatives: In addition to the costs and benefits of the proposed 
rule, FDA will assess the costs and benefits of extending the effective 
date of the rule, creating a process by which some products may apply 
for an exemption or variance from the proposed product standard, and 
prohibiting menthol as an additive in cigarette products rather than 
prohibiting menthol as a characterizing flavor.
    Anticipated Cost and Benefits: The proposed rule is expected to 
generate compliance costs on affected entities, such as one-time costs 
to read and understand the rule and alter manufacturing/importing 
practices. The quantified benefits of the proposed rule stem from 
improved health and diminished exposure to tobacco smoke for users of 
cigarettes from decreased experimentation, progression to regular use, 
and consumption of menthol cigarettes. The qualitative benefits of the 
proposed rule include impacts such as reduced illness for smokers.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   07/24/13  78 FR 44484
ANPRM Comment Period End............   09/23/13  .......................
NPRM................................   04/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Beth Buckler, Senior 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, 
Email: [email protected].
    RIN: 0910-AI60


[[Page 5067]]



HHS--HEALTH RESOURCES AND SERVICES ADMINISTRATION (HRSA)

Proposed Rule Stage

59.  340B Drug Pricing Program; Administrative Dispute 
Resolution

    Priority: Other Significant.
    Legal Authority: Not Yet Determined
    CFR Citation: 42 CFR 10.
    Legal Deadline: None.
    Abstract: This proposed rule would replace the Administrative 
Dispute Resolution (ADR) final rule currently in effect and apply to 
all drug manufacturers and covered entities that participate in the 
340B Drug Pricing Program (340B Program), It would establish new 
requirements and procedures for the 340B Program's ADR process. This 
administrative process would allow covered entities and manufacturers 
to file claims for specific compliance areas outlined in the statute 
after good faith efforts have been exhausted by the parties.
    Statement of Need: This NPRM proposes to replace the 340B 
Administrative Dispute Resolution (ADR) final rule, which was published 
in December 2020 and became effective January 13, 2021. This new rule 
will propose new requirements and procedures for the 340B Program's ADR 
process. The proposed rule applies to drug manufacturers and covered 
entities participating in the 340B Drug Pricing Program (340B Program) 
by allowing these entities to file claims for specific compliance areas 
outlined in the 340B statute after good faith efforts have been 
exhausted by the parties. This NPRM better aligns with the President's 
priorities on drug pricing, better reflects the current state of the 
340B Program, and seeks to correct procedural deficiencies in the 340B 
ADR process.
    Summary of Legal Basis: Section 340B(d)(3) of the Public Health 
Service Act (PHS Act) requires the Secretary to promulgate regulations 
establishing and implementing an ADR process for certain disputes 
arising under the 340B Program. Under the 340B statute, the purpose of 
the ADR process is to resolve (1) Claims by covered entities that they 
have been overcharged for covered outpatient drugs by manufacturers and 
(2) claims by manufacturers, after a manufacturer has conducted an 
audit as authorized by section 340B(a)(5)(C) of the PHS Act, that a 
covered entity has violated the prohibition on diversion or duplicate 
discounts.
    Alternatives: N/A.
    Anticipated Cost and Benefits: N/A.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Michelle Herzog, Deputy Director, Office of 
Pharmacy Affairs, Department of Health and Human Services, Health 
Resources and Services Administration, 5600 Fishers Lane, 08W12, 
Rockville, MD 20857, Phone: 301 443-4353, Email: [email protected].
    RIN: 0906-AB28

HHS--INDIAN HEALTH SERVICE (IHS)

Proposed Rule Stage

60. Catastrophic Health Emergency Fund (Chef)

    Priority: Other Significant.
    Legal Authority: Pub. L. 94-437, sec. 202(d), IHCI Act, as amended 
by Pub. L. 111-148, sec. 10221
    CFR Citation: Not Yet Determined.
    Legal Deadline: None.
    Abstract: The Catastrophic Health Emergency Fund (CHEF) pays for 
extraordinary medical costs associated with treatment of victims of 
disasters or catastrophic illnesses. CHEF is used to reimburse PRC 
programs for high cost cases (e.g., burn victims, motor vehicle 
accidents, high risk obstetrics, cardiology, etc.). The proposed rule 
establishes conditions and procedures for payment from the fund. During 
the comment period for the NPRM, several Tribes and Tribal 
Organizations expressed concern about provisions in the NRPM related to 
coordination with Tribal self-insurance as an alternate resource. In 
response to those concerns, the IHS engaged in additional Tribal 
consultation and decided to delay moving forward with the NPRM pending 
the resolution of relevant litigation. IHS intends to proceed with 
developing the NPRM consistent with how Tribal self-insurance is 
currently recognized in agency policy at https://www.ihs.gov/ihm/pc/part-2/chapter-3-purchased-referred-care/. On January 29, 2021, IHS 
issued a Dear Tribal Leader Letter to clarify that the proposed rule 
should not be relied upon and that IHS will be moving forward by 
publishing a new proposed rule in the near future. A copy of the Dear 
Tribal Leader Letter concerning next steps for the CHEF regulations is 
available on the IHS website at: https://www.ihs.gov/sites/newsroom/themes/responsive2017/display_objects/documents/2021_Letters/DTLL_01292021.pdf.
    Statement of Need: These regulations propose to (1) establish 
definitions governing CHEF, including definitions of disasters and 
catastrophic illnesses; (2) establish that a service unit shall not be 
eligible for reimbursement for the cost of treatment from CHEF until 
its cost of treating any victim of such catastrophic illness or 
disaster has reached a certain threshold cost; (3) establish a 
procedure for reimbursement of the portion of the costs for authorized 
services that exceed such threshold costs; (4) establish a procedure 
for payment from CHEF for cases in which the exigencies of the medical 
circumstances warrant treatment prior to the authorization of such 
treatment; and (5) establish a procedure that will ensure no payment 
will be made from CHEF to a service unit to the extent that the 
provider of services is eligible to receive payment for the treatment 
from any other Federal, State, local, or private source of 
reimbursement for which the patient is eligible.
    Summary of Legal Basis: Section 202(d) of the Indian Health Care 
Improvement Act (IHCIA), Public Law 94-437 (1976), as amended by the 
Patient Protection and Affordable Care Act, Public Law 111-148, section 
10221 (2010) requires the Secretary of the Department of Health and 
Human Services, acting through the Indian Health Service (IHS), to 
promulgate regulations to implement section 202(d). Section 202(d) of 
the IHCIA amends the IHS Catastrophic Health Emergency Fund (CHEF) by 
establishing the CHEF threshold cost to the 2000 level of $19,000; 
maintains requirements in current law to promulgate regulations 
consistent with the provisions of the CHEF to establish a definition of 
disasters and catastrophic illnesses for which the cost of the 
treatment provided under contract would qualify for payment under CHEF; 
provides that a service unit shall not be eligible for reimbursement 
for the cost of treatment from CHEF until its cost of treating any 
victim of such catastrophic illness or disaster has reached a certain 
threshold cost which the Secretary shall establish at the 2000 level of 
$19,000; and for any subsequent year, not less than the threshold cost 
of the previous year increased by the percentage increase in medical 
care expenditure category of the consumer price index for all urban 
consumers; establish a procedure that will ensure no payment will be 
made from CHEF to a service unit to the extent that the provider of 
services is eligible to receive payment for the treatment from any 
other Federal, State,

[[Page 5068]]

local, or private source of reimbursement for which the patient is 
eligible.
    Alternatives: None.
    Anticipated Cost and Benefits: Reducing the threshold to $19,000 
will allow for more purchased/referred care cases to be eligible for 
CHEF. Tribal and Federal PRC programs with limited budgets would have 
more of an opportunity to access the CHEF.
    Risks: The increase in cases will deplete the CHEF earlier in the 
fiscal year unless CHEF funding is increased.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/26/16  81 FR 4339
NPRM Comment Period End.............   03/11/16  .......................
NPRM................................   02/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Undetermined.
    Agency Contact: CAPT John E. Rael, Director, Office of Resource 
Access and Partnerships, Department of Health and Human Services, 
Indian Health Service, 5600 Fishers Lane, Suite 10E73, Rockville, MD 
20857, Phone: 301 443-0969, Email: [email protected].
    RIN: 0917-AA10

HHS--IHS

Final Rule Stage

61. Acquisition Regulations; Buy Indian Act; Procedures for Contracting

    Priority: Other Significant.
    Legal Authority: Transfer Act of 1954 (42 U.S.C. 2001 et seq.); 
Transfer Act (42 U.S.C. 2003); 25 U.S.C. 1633; Buy Indian Act 1910; 
Indian Community Economic Enhancement Act of 2020 (Pub. L. 116-261); . 
. .
    CFR Citation: Not Yet Determined.
    Legal Deadline: None.
    Abstract: The Indian Health Service (IHS) is proposing to issue 
regulations guiding implementation of the Buy Indian Act, which 
provides IHS with authority to set-aside procurement contracts for 
Indian-owned and controlled businesses. This rule supplements the 
Federal Acquisition Regulation (FAR) and the current HHS Acquisition 
Regulations (HHSAR). IHS may use the Buy Indian Act procurement 
authority for acquisitions in connection with those functions. This 
rule is proposed to describe administration procedures that the IHS 
will use in all of its locations to encourage procurement relationships 
with eligible Indian Economic Enterprises in the execution of the Buy 
Indian Act. These proposed rules are intended to be consistent with Buy 
Indian Act rules previously promulgated by the Department of Interior. 
IHS published the proposed rule on November 10, 2020, with a 60-day 
comment period ending January 11, 2021 (85 FR 71596). Comments were 
received from tribes and tribal entities requesting an extension of the 
comment period due to the encompassing of the holiday season during the 
original comment period, as well as the disproportionately high impact 
of the pandemic on Indian Country. Both of these events delayed 
stakeholders from being able to perform a complete and full review and 
provide comments within the initial 60-day comment period. On April 21, 
2021, HHS reopened the NPRM and extended the comment period for 60 
days. The comment period closed on June 21, 2021.
    Statement of Need: Due to the unique legal and political 
relationship with Indian Tribes, the Federal government has a number of 
programs and authorities to support and expand the economic development 
of tribal entities and their individual members. The Buy Indian Act of 
1910 is one of these programs that allows for the Department of Health 
and Human Services' IHS and the Department of the Interior's BIA to 
award federal contracts to Indian-owned businesses without using the 
standard competitive process. The IHS annually obligates over $1 
billion in commercial contracts. Much of this can be set-aside under 
the Buy Indian Act. The established use of this rule will promote the 
growth and development of Indian industries and in turn, foster 
economic development and sustainability in Indian Country.
    Summary of Legal Basis: This rule proposes to amend the HHSAR, 
which is maintained by Assistant Secretary for Financial Resources 
(ASFR) pursuant to 48 CFR 301.103, to establish Buy Indian Act 
acquisition policies and procedures for IHS that are consistent with 
rules proposed and/or adopted by the Department of the Interior. This 
rule is to provide uniform administration procedures that the IHS will 
use in all of its locations to encourage procurement relationships with 
Indian labor and industry in the execution of the Buy Indian Act. IHS' 
current rules are codified at HHSAR, 48 CFR part 326, subpart 326.6. 
The Transfer Act authorizes the Secretary of HHS to make such other 
regulations as he deems desirable to carry out the provisions of the 
[Transfer Act]. 42 U.S.C. 2003. The Secretary's authority to carry out 
functions under the Transfer Act has been vested in the Director of the 
Indian Health Service under 25 U.S.C. 1661. Because of these 
authorities, use of the Buy Indian Act is reserved to IHS and is not 
available for use by any other HHS component. IHS authority to use the 
Buy Indian Act is further governed by 25 U.S.C.1633, which directs the 
Secretary to issue regulations governing the application of the Buy 
Indian Act to construction activities. Additionally, when Congress 
amended the Buy Indian Act, they added a requirement to harmonize the 
Buy Indian Act regulations. As such, the Secretaries shall promulgate 
regulations to harmonize the procurement procedures of the Department 
of the Interior and the Department of Health and Human Services, to the 
maximum extent practicable.
    Alternatives: There are no apparent alternatives to ensure 
compliance with this law.
    Anticipated Cost and Benefits: The benefits of this rule include, 
policy and compliance objectives such as: Supporting procurement 
relationships with Indian labor and industry as well as overall Tribal 
relationships, in the execution of the Buy Indian Act; consistent IHS 
use with the DOI/BIA regulations; and fostering economic development 
and sustainability in Indian Country. To avoid additional costs, the 
rule supports utilization of fair and reasonable price requirements, 
pursuant to the Federal Acquisition Regulations (FAR). Additionally, 
IHS intends to conduct all training on the Buy Indian Act in-house and/
or in collaboration with the DOI/BIA.
    Risks: IHS foresees minimal risks in the implementation of this 
rule. One potential risk is an increased number of Buy Indian Act 
challenges to representation requirement but IHS views this more as a 
benefit in ensuring Buy Indian Act set-aside commercial contracts are 
appropriately awarded to confirmed Indian Economic Enterprises.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/11/20  85 FR 71596
NPRM Comment Period End.............   01/11/21  .......................
NPRM Comment Period Reopened........   04/21/21  86 FR 20648
NPRM Comment Period Reopened End....   06/21/21  .......................
Final Action........................   02/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.

[[Page 5069]]

    Small Entities Affected: Businesses.
    Government Levels Affected: Undetermined.
    Agency Contact: Santiago Almaraz, Acting Director, Office of 
Management Service, Department of Health and Human Services, Indian 
Health Service, 5600 Fishers Lane, Suite 09E45, Rockville, MD 20857, 
Phone: 301 443-4872, Email: [email protected].
    RIN: 0917-AA18

HHS--CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS)

Proposed Rule Stage

62. Streamlining the Medicaid and Chip Application, Eligibility 
Determination, Enrollment, and Renewal Processes (CMS-2421)

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 42 U.S.C. 1302
    CFR Citation: 42 CFR 431; 42 CFR 435; 42 CFR 457.
    Legal Deadline: None.
    Abstract: This proposed rule would streamline eligibility and 
enrollment processes for all Medicaid and CHIP populations and create 
new enrollment pathways to maximize enrollment and retention of 
eligible individuals.
    Statement of Need: Since the implementation of the Affordable Care 
Act (ACA), CMS has made improvements in streamlining the Medicaid and 
CHIP application, eligibility determination, enrollment, and renewal 
processes. Simplifying enrollment in Medicaid and CHIP coverage is a 
foundational step in efforts to address health disparities for low-
income individuals. However, gaps remain in States' ability to 
seamlessly process beneficiaries' eligibility and enrollment in order 
to maximize coverage. This proposed rule will provide States with the 
tools they need to reduce unnecessary barriers to enrollment in 
Medicaid and CHIP and to keep eligible beneficiaries covered.
    Summary of Legal Basis: This rule responds to the January 28, 2021, 
Executive Order on Strengthening Medicaid and the Affordable Care Act. 
It addresses components of title XIX and title XXI of the Social 
Security Act and several sections of the Patient Protection and 
Affordable Care Act (Pub. L. 111-148) and the Health Care and Education 
Reconciliation Act of 2010 (Pub. L. 111-152), which amended and revised 
several provisions of the Patient Protection and Affordable Care Act.
    Alternatives: In developing the policies contained in this rule, we 
considered numerous alternatives to the presented proposals, including 
maintaining existing requirements. These alternatives will be described 
in the rule.
    Anticipated Cost and Benefits: The provisions in this rule would 
streamline Medicaid and CHIP enrollment processes and ensure that 
eligible beneficiaries can maintain coverage. While states and the 
Federal Government may incur some initial costs to implement these 
changes, this rule aims to reduce administrative barriers to 
enrollment, which is expected to reduce administrative costs over time. 
The provisions in this rule are designed to increase access to 
affordable health coverage, and we believe that the benefits will 
justify any costs. Additionally, through clear and consistent 
requirements for the timely renewal of eligibility for all 
beneficiaries, this rule promotes program integrity, thereby protecting 
taxpayer funds at both the state and federal levels. As we move toward 
publication, estimates of the cost and benefits of these provisions 
will be included in the rule.
    Risks: We anticipate that the provisions of this rule would further 
the administration's goal of strengthening Medicaid and making high-
quality health care accessible and affordable for every American. At 
the same time, through clear and consistent requirements for conducting 
regular renewals of eligibility, acting on changes reported by 
beneficiaries and maintaining thorough recordkeeping on these 
activities, this rule would reduce the risk of improper payments.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Local, State.
    Agency Contact: Sarah Delone, Deputy Director, Children and Adults 
Health Programs Group, Department of Health and Human Services, Centers 
for Medicare & Medicaid Services, Center for Medicaid and CHIP 
Services, MS: S2-01-16, 7500 Security Boulevard, Baltimore, MD 21244, 
Phone: 410 786-5647, Email: [email protected].
    RIN: 0938-AU00

HHS--CMS

63. Provider Nondiscrimination Requirements for Group Health Plans and 
Health Insurance Issuers in the Group and Individual Markets (CMS-9910)

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: Pub. L. 116-260, Division BB, title I; 42 U.S.C. 
300gg-5(a)
    CFR Citation: Not Yet Determined.
    Legal Deadline: NPRM, Statutory, January 1, 2022, Section 108 of 
the No Surprises Act requires proposed rulemaking by January 1, 2022.
    Abstract: This proposed rule would implement section 108 of the No 
Surprises Act.
    Statement of Need: Not yet determined.
    Summary of Legal Basis: The Department of Health and Human Services 
regulations are adopted pursuant to the authority contained in sections 
2701 through 2763, 2791, 2792, 2794, 2799A-1 through 2799B-9 of the PHS 
Act (42 U.S.C. 300gg-63, 300gg-91, 300gg-92, 300gg-94, 300gg-139), as 
amended.
    Alternatives: Not yet determined.
    Anticipated Cost and Benefits: Not yet determined.
    Risks: Not yet determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, State.
    Federalism: Undetermined.
    Agency Contact: Lindsey Murtagh, Director, Market-Wide Regulation 
Division, Department of Health and Human Services, Centers for Medicare 
& Medicaid Services, Center for Consumer Information and Insurance 
Oversight, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 301 
492-4106, Email: [email protected].
    RIN: 0938-AU64

HHS--CMS

64. Assuring Access to Medicaid Services (CMS-2442)

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 1302
    CFR Citation: 42 CFR 438; 42 CFR 447.

[[Page 5070]]

    Legal Deadline: None.
    Abstract: This rule proposes to assure and monitor equitable access 
in Medicaid and the Children's Health Insurance Program (CHIP). These 
activities could include actions that support the implementation of a 
comprehensive access strategy as well as payment specific requirements 
related to particular delivery systems.
    Statement of Need: In order to assure equitable access to health 
care for all Medicaid and Children's Health Insurance Program (CHIP) 
beneficiaries across all delivery systems, access regulations need to 
be multi-factorial and focus beyond payment rates. Barriers to 
accessing health care services can be as heterogeneous as Medicaid and 
CHIP populations ranging from potential barriers to access which can be 
measured through provider availability and provider accessibility -to- 
realized or perceived access barriers which can be measured through 
utilization and satisfaction with services. CMCS is developing a 
comprehensive access strategy that will address not only Fee-For-
Service (FFS) payment, but also access in managed care and Home and 
Community-Based Services (HCBS). The scope of this rule is unknown at 
this time, but will seek to assure and monitor equitable access in 
Medicaid and CHIP.
    Summary of Legal Basis: At this time, the scope of the rule is 
unknown. However, there are no broad access requirements specified in 
the statute beyond payment: Section 1902(a)(30)(A) of the Act requires 
states to ``assure that payments are consistent with efficiency, 
economy, and quality of care and are sufficient to enlist enough 
providers so that care and services are available under the plan at 
least to the extent that such care and services are available to the 
general population in the geographic area.''
    Alternatives: In developing the policies contained in this rule, we 
will consider numerous alternatives to the presented proposals, 
including maintaining existing requirements. These alternatives will be 
described in the rule.
    Anticipated Cost and Benefits: This proposed rule would be expected 
to result in potential costs for states to come into and remain in 
compliance. Estimates for associated costs are unknown at this time and 
may vary by state. Information about anticipated costs will be included 
in the proposed rule.
    Risks: At this time, we are still at work developing a 
comprehensive access strategy. We have not yet concluded which pieces 
are best done through rulemaking versus other guidance.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: State.
    Federalism: Undetermined.
    Agency Contact: Karen Llanos, Director, Medicaid Innovation 
Accelerator Program and Strategy Support, Department of Health and 
Human Services, Centers for Medicare & Medicaid Services, Center for 
Medicaid and CHIP Services, MS: S2-04-28, 7500 Security Boulevard, 
Baltimore, MD 21244, Phone: 410 786-9071, Email: 
[email protected].
    RIN: 0938-AU68

HHS--CMS

65.  Implementing Certain Provisions of the Consolidated 
Appropriations Act and Other Revisions to Medicare Enrollment and 
Eligibility Rules (CMS-4199)

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: Pub. L. 116-260, secs. 120 & 402; 42 U.S.C 1395i-2
    CFR Citation: 42 CFR 400; 42 CFR 406; 42 CFR 407; 42 CFR 408; . . .
    Legal Deadline: Final, Statutory, October 1, 2022, Enrollments 
under section 402 of the CAA start on 10/1/22. Final, Statutory, 
January 1, 2023, Provisions under sections 120 and 402 of the CAA must 
be effective 1/1/23.
    Abstract: This proposed rule would implement certain Medicare-
related provisions of the Consolidated Appropriations Act, 2021 (CAA). 
Specifically, section 120 of the CAA allows for Medicare coverage to 
take effect earlier for people who enroll in the General Enrollment 
Period (GEP) or within the last three months of their Initial 
Enrollment Period (IEP). Section 120 also gives the Secretary the 
authority to establish special enrollment periods for exceptional 
circumstances. Section 402 of the CAA extends immunosuppressive drug 
coverage for Medicare kidney transplant recipients beyond the current 
law 36-month limit following a transplant by providing 
immunosuppressive drug coverage under Medicare Part B for these 
individuals. Separately, this rule would address enrollment in Medicare 
Part A for applicants who are eligible for Social Security benefits, 
but are not yet receiving them, and make certain updates related to 
state payment of Medicare premiums.
    Statement of Need: This rule is necessary to implement section 120 
of the Consolidated Appropriations Act, 2021 (CAA) that revises 
effective dates of coverage for individuals enrolling in Medicare and 
gives the Secretary of the Department of Health and Human Services the 
authority to establish special enrollment periods (SEPs) for 
exceptional circumstances beginning January 1, 2023. This rule also 
implements section 402 of the CAA that, beginning January 1, 2023, 
provides for coverage of immunosuppressive drugs under part B for 
certain individuals whose Medicare entitlement based on end-stage renal 
disease (ESRD) would otherwise end 36-months after the month in which 
they received a successful kidney transplant.
    Summary of Legal Basis: The legal basis of this rule is the 
Consolidated Appropriations Act, 2021 (sections 120 and 402).
    Alternatives: The provisions of this rule are primarily established 
in statute. Where there is discretion, alternatives will be discussed 
within the text of the rule. Public comments will also be considered in 
the development of the final rule.
    Anticipated Cost and Benefits: We believe that this rule will have 
a positive impact on health outcomes of beneficiaries because it 
provides for Medicare coverage to begin earlier and provides for 
coverage of immunosuppressive drugs in situations where, currently, 
they are not covered.
    Risks: The risks associated with not publishing this regulation 
would be not establishing the regulatory authority under which 
immunosuppressive drug benefits and effective dates of coverage will be 
based upon beginning January 2023.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: None.
    Agency Contact: Kristy Nishimoto, Health Insurance Specialist, 
Department of Health and Human Services, Centers for Medicare & 
Medicaid Services, Center for Medicare, MS: 100, 7500 Security 
Boulevard, Baltimore, MD 21244, Phone: 206 615-2367, Email: 
[email protected].
    RIN: 0938-AU85


[[Page 5071]]



HHS--CMS

66.  Requirements for Rural Emergency Hospitals (CMS-3419) 
(Section 610 Review)

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 1395x
    CFR Citation: Not Yet Determined.
    Legal Deadline: Final, Statutory, January 1, 2023, Per statute, 
amendments made by this section apply to items and services furnished 
on or after January 1, 2023.
    Abstract: This proposed rule would establish health and safety 
requirements for a new provider type, Rural Emergency Hospitals, in 
accordance with section 125 of the Consolidated Appropriations Act, 
2021.
    Statement of Need: This rule proposes health and safety standards 
for Rural Emergency Hospitals (REHs).
    Summary of Legal Basis: This rule addresses section 125 of the 
Consolidated Appropriations Act (Pub. L. No: 116-260), which 
establishes REHs as a new provider type eligible for Medicare payment.
    Alternatives: We understand that the policies that will be included 
in this proposed rule will have impacts on rural communities and 
providers of health care services in these communities. These impacts 
will be taken into consideration as we evaluate policy alternatives in 
the development of this proposed rule. These alternatives will be 
included in the rule.
    Anticipated Cost and Benefits: This proposed rule aims to increase 
access to health care services, including emergency services, to rural 
communities. Many rural Americans face healthcare inequities resulting 
in worse outcomes overall in rural areas. Increasing access to key 
health care services in these communities will help address such 
healthcare inequities. Estimates of the cost and benefits of the 
developed provisions will be included in the proposed rule.
    Risks: Although there are some risks associated with the potential 
loss of inpatient services in rural communities as providers convert to 
an REH, we anticipate that only eligible rural hospitals and critical 
access hospitals with very low average daily inpatient censuses will 
convert to an REH. We anticipate that the provisions of this proposed 
rule would help further HHS's goal of increasing rural access to care.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations.
    Government Levels Affected: Federal, Local, State.
    Federalism: Undetermined.
    Agency Contact: Kianna Banks, Technical Advisor, 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: 410 786-8486, Email: 
[email protected].
    RIN: 0938-AU92

HHS--CMS

67.  Mental Health Parity and Addiction Equity Act and the 
Consolidated Appropriations Act, 2021 (CMS-9902)

    Priority: Other Significant.
    Legal Authority: Pub. L. 116-260, Division BB, title II; Pub. L. 
110-343, secs. 511 to 512
    CFR Citation: Not Yet Determined.
    Legal Deadline: None.
    Abstract: This rule would propose amendments to the final rules 
implementing the Mental Health Parity and Addiction Equity Act, taking 
into account the amendments to the law enacted by the Consolidated 
Appropriations Act, 2021.
    Statement of Need: There have been a number of legislative 
enactments related to MHPAEA since issuance of the 2014 final rules, 
including the 21st Century Cures Act, the Support Act, and the 
Consolidated Appropriations Act, 2021. This rule would propose 
amendments to the final rules and incorporate examples and 
modifications to account for this legislation and previously issued 
guidance.
    Summary of Legal Basis: The Department of Health and Human Services 
regulations are adopted pursuant to the authority contained in sections 
2701 through 2763, 2791, 2792, 2794, 2799A-1 through 2799B-9 of the PHS 
Act (42 U.S.C. 300gg-63, 300gg-91, 300gg-92, 300gg-94, 300gg-139), as 
amended.
    Alternatives: Not yet determined.
    Anticipated Cost and Benefits: Not yet determined.
    Risks: Not yet determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, State.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    Agency Contact: Lindsey Murtagh, Director, Market-Wide Regulation 
Division, Department of Health and Human Services, Centers for Medicare 
& Medicaid Services, Center for Consumer Information and Insurance 
Oversight, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 301 
492-4106, Email: [email protected].
    RIN: 0938-AU93

HHS--CMS

68.  Coverage of Certain Preventive Services (CMS-9903)

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: Pub. L. 111-148, sec. 1001
    CFR Citation: Not Yet Determined.
    Legal Deadline: None.
    Abstract: This rule would propose amendments to the final rules 
regarding religious and moral exemptions and accommodations regarding 
coverage of certain preventive services under title I of the Patient 
Protection and Affordable Care Act.
    Statement of Need: Not yet determined.
    Summary of Legal Basis: The Department of Health and Human Services 
regulations are adopted pursuant to the authority contained in sections 
2701 through 2763, 2791, 2792, 2794, 2799A-1 through 2799B-9 of the PHS 
Act (42 U.S.C. 300gg-63, 300gg-91, 300gg-92, 300gg-94, 300gg-139), as 
amended.
    Alternatives: Not yet determined.
    Anticipated Cost and Benefits: Not yet determined.
    Risks: Not yet determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, Local, State.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    Agency Contact: Lindsey Murtagh, Director, Market-Wide Regulation 
Division, Department of Health and Human Services, Centers for Medicare 
&

[[Page 5072]]

Medicaid Services, Center for Consumer Information and Insurance 
Oversight, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 301 
492-4106, Email: [email protected].
    RIN: 0938-AU94

HHS--CMS

Final Rule Stage

69.  Omnibus COVID-19 Health Care Staff Vaccination (CMS-3415) 
(Section 610 Review)

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 42 U.S.C. 1395hh; 42 U.S.C. 1302
    CFR Citation: 42 CFR 483.
    Legal Deadline: None.
    Abstract: This interim final rule with comment period revises the 
infection control requirements that most Medicare- and Medicaid-
participating providers and suppliers must meet to participate in the 
Medicare and Medicaid programs. These changes are necessary to protect 
the health and safety of residents, clients, patients, and staff and 
reflect lessons learned as result of the COVID-19 public health 
emergency. The revisions to the infection control requirements 
establish COVID-19 vaccination requirements for staff at the included 
Medicare- and Medicaid-participating providers and suppliers.
    Statement of Need: The rule establishes COVID-19 vaccination 
requirements for staff at the included Medicare-and Medicaid-
participating providers and suppliers. These changes are necessary to 
protect the health and safety of residents, clients, patients, and 
staff.
    Summary of Legal Basis: CMS has broad statutory authority to 
establish health and safety regulations, which includes authority to 
establish health and safety standards for Medicare and Medicaid 
certified facilities. We believe requiring staff vaccinations for 
COVID-19 is critical to safeguarding the health and safety of all 
individuals seeking health care in Medicare and Medicaid certified 
facilities. Sections 1102 and 1871 of the Social Security Act (the Act) 
grant the Secretary of Health and Human Services authority to make and 
publish such rules and regulations, not inconsistent with the Act, as 
may be necessary to the efficient administration of the functions with 
which the Secretary is charged under this Act.
    Alternatives: In developing the policies contained in this rule, we 
considered numerous alternatives to the final provisions including 
limiting vaccination requirements to direct care employees, additional 
requirements, and different implementation time frames. These 
alternatives are discussed in further detail in the rule.
    Anticipated Cost and Benefits: We estimate costs associated with 
this rulemaking including those costs associated with information 
collection requirements, additional recordkeeping, and costs associated 
with vaccination. We anticipate benefits of the rule to include 
reduction in the transmission of infections and decreases in 
hospitalizations and mortality.
    Risks: Although there is some uncertainty about the effects of this 
rule on health care staffing, we believe that the wide application of 
these requirements will reduce the likelihood of individual workers 
seeking new employment in order to avoid vaccination.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   11/05/21  86 FR 61555
Interim Final Rule Effective........   11/05/21
Interim Final Rule Comment Period      01/04/22
 End.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations.
    Government Levels Affected: Federal, Local, State.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    Agency Contact: Kim Roche, Nurse, Department of Health and Human 
Services, Centers for Medicare & Medicaid Services, Center for Clinical 
Standards and Quality, MS: C2-21-16, 7500 Security Boulevard, 
Baltimore, MD 21244, Phone: 410 786-3524, Email: [email protected].
    RIN: 0938-AU75

HHS--ADMINISTRATION FOR CHILDREN AND FAMILIES (ACF)

Proposed Rule Stage

70. Native Hawaiian Revolving Loan Fund Eligibility Requirements

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 2991
    CFR Citation: 45 CFR 1336.
    Legal Deadline: None.
    Abstract: This regulation proposes to reduce the required Native 
Hawaiian ownership or control for an eligible applicant to the Native 
Hawaiian Revolving Loan Fund program under 45 CFR 1336.62.
    Statement of Need: The Native Hawaiian Revolving Loan Fund (NHRLF) 
was established to provide loans and loan guarantees to Native 
Hawaiians who are unable to obtain loans from private sources on 
reasonable terms and conditions for the purpose of promoting economic 
development in the State of Hawaii. Since many Native Hawaiians reside 
on leasehold interests that cannot be collateralized (Hawaiian 
Homelands), the NHRLF serves as an important lender of last resort for 
Native Hawaiian borrowers. Applicants for an NHRLF loan must be an 
individual Native Hawaiian or a 100 percent Native Hawaiian owned 
organization. To qualify for an NHRLF loan when one spouse is not 
Native Hawaiian, Native Hawaiian borrowers must establish or reorganize 
their business' legal structure to exclude a non-Native Hawaiian spouse 
from ownership. As the 100 percent Native Hawaiian ownership 
requirement prevents many Native Hawaiian family-owned businesses and 
families from obtaining a loan, the Administration for Children and 
Families (ACF) proposes to reduce the eligibility requirement to 
maximize loan funds and spur further economic development. This 
proposed change will likely increase the applicant pool and 
availability of loan proceeds to small Native Hawaiian-owned businesses 
and families whose credit would be deemed too risky for traditional 
lenders as businesses recover from the COVID-19 pandemic. As a lender 
of last resort, this revolving loan fund has filled and will continue 
to fill a unique credit niche for Native Hawaiian-owned businesses.
    Summary of Legal Basis: This NPRM is under the authority granted by 
section 803A of Native Americans Programs Act. That section directed 
ACF's Administration for Native Americans (ANA) to develop the 
regulations that set forth the procedures and criteria for making loans 
under the NHRLF. Section 803A also permits the ANA Commissioner to 
prescribe any other regulations that the Commissioner determines are 
necessary to carry out the purposes of NHRLF.
    Alternatives: ACF reviewed alternatives to providing greater 
flexibility to NHRLF applicants that directly respond to barriers for 
accessing loans and other viable options were not identified.
    Anticipated Cost and Benefits: ANA does not provide loans directly 
to entities but does so through the regulated entity, the State of 
Hawaii's

[[Page 5073]]

Office of Hawaiian Affairs. The rule does not create additional 
requirements but provides flexibility by expanding eligibility and 
availability of loan proceeds to small entities.
    Risks: It is possible that this proposed change will increase 
business loan demand. There is also the possibility that businesses may 
act strategically to qualify for NHLRF loans by adding Native Hawaiian 
ownership. This restructuring may still benefit Native Hawaiians as 
more Native Hawaiians could become business partners with non-Native 
Hawaiians. Expansion of the program to more Native Hawaiian families is 
consistent with the policy goal of the statute which is promoting 
economic development among Native Hawaiians in Hawaii.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Mirtha Beadle, Senior Policy Advisor, Department of 
Health and Human Services, Administration for Children and Families, 
330 C Street SW, Washington, DC 20201, Phone: 202 401-6506, Email: 
[email protected].
    RIN: 0970-AC84

HHS--ACF

71. Paternity Establishment Percentage Performance Relief

    Priority: Other Significant.
    Legal Authority: Sec. 1102 of the Social Security Act
    CFR Citation: 45 CFR 305.
    Legal Deadline: None.
    Abstract: This regulation proposes to modify the Paternity 
Establishment Percentage performance requirements in child support 
regulations under 45 CFR part 305, to provide relief from financial 
penalties to states impacted by the COVID-19 pandemic.
    Statement of Need: The COVID-19 pandemic has had a debilitating 
effect on state child support programs, disrupting administrative and 
judicial operations and limiting states' ability to provide services 
and maintain performance. Without regulatory relief, 20 out of the 54 
child support programs (title IV-D under the Act) will be subject to 
financial penalties associated with their failure to achieve 
performance for the Paternity Establishment Percentage (PEP) described 
in section 409(a)(8) and 452(g) of the Social Security Act (the Act) 
and child support regulations under 45 CFR part 305. PEP-related 
financial penalties, which are imposed as reductions in the state's 
Temporary Assistance for Needy Families (TANF) program funding, place 
an undue burden on state budgets and threaten funding that supports the 
very families who are most in need during this time of crisis.
    Summary of Legal Basis: This proposed rule is published under the 
authority granted to the Secretary of Health and Human Services by 
section 1102 of the Social Security Act (the Act) (42 U.S.C. 1302). 
Section 1102 of the Act authorizes the Secretary to publish 
regulations, not inconsistent with the Act, as may be necessary for the 
efficient administration of the functions with which the Secretary is 
responsible under the Act. The proposed relief from the Paternity 
Establishment Percentage performance penalty under this NPRM is based 
on statutory authority granted under section 452(g)(3)(A) of the Act 
(42 U.S.C. 652(g)(3)(A)).
    Alternatives: Because PEP performance measures and penalties are 
required by statute and regulation, relief can only be provided through 
regulation or legislation. The PEP performance requirement is 
established under 452(g) of the Social Security Act and 45 CFR 305.40. 
Section 452(a)(4)(C)(i) of the Act requires the Secretary to determine 
whether State-reported data used to determine the performance levels 
are complete and reliable. Additionally, section 409(a)(8)(A) of the 
Act and 45 CFR 305.61(a)(1) provides for a financial penalty if there 
is a failure to achieve the required level of performance or an audit 
determines that the data is incomplete or unreliable.
    Anticipated Cost and Benefits: This proposed rule, if finalized, 
will ensure that penalties are not imposed against a state's TANF 
grant, during a time when public assistance funds are critically 
needed. The financial penalties against states are estimated at $3.5 
million of penalties for 3 states that did not meet PEP performance 
levels in FY 2019 and FY 2020 and $83 million for 18 states that did 
not meet performance levels in FY 2020 and FY 2021 PEP.
    Risks: To be determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/19/21  86 FR 57770
NPRM Comment Period End.............   11/18/21
Final Action........................   10/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Yvette Riddick, Director, Division of Policy, 
Office of Child Support Enforcement, Department of Health and Human 
Services, Administration for Children and Families, 330 C Street SW, 
Washington, DC 20201, Phone: 202 401-4885, Email: 
[email protected].
    RIN: 0970-AC86

HHS--ACF

72. ANA Non-Federal Share Emergency Waivers

    Priority: Other Significant.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 2991
    CFR Citation: 45 CFR 1336.
    Legal Deadline: None.
    Abstract: This regulation proposes to streamline the process for 
Administration for Native Americans (ANA) grant program applicants to 
request a waiver for non-federal share for the 20 percent match 
required by statute for ANA grants. The regulation will also propose 
the ability for current grantees to request an emergency waiver for the 
non-federal share match.
    Statement of Need: The Native American Programs Act of 1974, as 
amended, (NAPA) requires projects awarded funding through sections 803, 
804, and 805 provide a 20 percent match of the total cost of the 
project, unless a waiver is obtained through objective criteria as 
outlined in ANA's regulations. The current regulations outline the 
requirements and criteria for applicants to request a waiver for non-
federal share (NFS) at 45 CFR part 1336.50 at time of application for a 
new or continuation award. The COVID-19 pandemic had a detrimental 
impact on the economies and financial resources of ANA's Native 
American recipients, most of whom had to close their borders to protect 
their citizens. Many tribal enterprises were forced to close, and 
tourism revenues became non-existent. Partnerships and vendors were no 
longer able to contribute previously committed resources for NFS. 
During this time, many recipients grew concerned that they would be 
unable to fully meet their NFS of their grant award. ANA explored the 
possibility of providing emergency NFS waivers to ANA grantees. 
Unfortunately, ANA learned that it does not currently have the 
authority to issue emergency NFS waivers, as neither emergency waiver 
authority nor a process to approve such

[[Page 5074]]

requests exists in ANA's regulations. Current regulations require 
waiver requests to be submitted at the time of application or during 
the non-competitive continuation process. This request to update ANA's 
regulation would provide a new provision for recipients to request an 
emergency NFS waiver in the event of a natural or man-made emergency 
such as a public health pandemic.
    Summary of Legal Basis: The Native American Programs Act of 1974, 
as amended, (NAPA) requires projects awarded funding through sections 
803, 804, and 805 provide a 20 percent match of the cost of the 
project, unless a waiver is obtained through objective criteria as 
outlined in ANA's regulations. Current regulations outline the 
requirements and criteria to request a waiver at 45 CFR part 1336.50 at 
time of application for a new or continuation award. However, there is 
no existing regulations or criteria to provide an emergency waiver for 
NFS to recipients experience a natural or man-made disaster or public 
health emergency such as COVID-19.
    Alternatives: The alternative would be to not offer the emergency 
waiver.
    Anticipated Cost and Benefits: There are no known costs to the 
program by issuing this rule. Benefits--This proposed rule is 
responsive to the President's Executive Order 13995: Ensuring an 
Equitable Pandemic Response and Recovery and the Executive Order on 
Economic Relief Related to the COVID-19 Pandemic and also responsive to 
the needs of Native American communities. Existing regulations states 
that ANA must determine that approval of an NFS waiver will not prevent 
the award of other grants at levels it believes are desirable for the 
purposes of the program. Approval of this emergency waiver regulation 
will also decrease the potential audit findings of entities not meeting 
the required NFS. In addition, it reduces further harm to recipients 
that are impacted by an emergency situation which caused unforeseen and 
additional financial hardships.
    Risks: There are no known risks to the program by issuing this 
rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Mirtha Beadle, Senior Policy Advisor, Department of 
Health and Human Services, Administration for Children and Families, 
330 C Street SW, Washington, DC 20201, Phone: 202 401-6506, Email: 
[email protected].
    RIN: 0970-AC88

HHS--ACF

73.  Foster Care Legal Representation

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: Sec. 474(a)(3) of the Social Security Act; sec. 
1102 of the Social Security Act
    CFR Citation: 45 CFR 1356.60(c).
    Legal Deadline: None.
    Abstract: This regulation proposes to allow a title IV-E agency to 
claim Federal financial participation for the administrative cost of 
providing independent legal representation to a child who is either a 
candidate for foster care or in foster care, and his/her parent to 
prepare for and participate in judicial determinations in foster care 
and other related civil legal proceedings.
    Statement of Need: Allowing title IV-E agencies to claim Federal 
reimbursement for independent legal representation in legal proceedings 
that are necessary to carry out the requirements in the agency's title 
IV-E plan, including civil proceedings, may help prevent the need to 
remove a child from the home or, for a child in foster care, achieve 
permanence faster. Research demonstrates that some of the circumstances 
bringing families into contact with the child welfare system (poverty, 
educational neglect, inadequate housing, failure to provide adequate 
nutrition, and failure to safeguard mental health due to domestic 
violence) can be addressed before a child enters foster care by 
providing legal representation early in foster care legal proceedings 
and in civil legal matters. When children are removed from the home, 
studies show having access to legal representation for civil legal 
issues earlier in a case can improve the rate of reunification, nearly 
double the speed to legal guardianship or adoption, and result in more 
permanent outcomes for children and families.
    Summary of Legal Basis: Section 474(a)(3) of the Act authorizes 
Federal reimbursement for title IV-E administrative costs, which are 
defined as costs found necessary by the Secretary for the provision of 
child placement services and for the proper and efficient 
administration of the State [title IV-E] plan. Section 1102 of the Act 
authorizes the Secretary to publish regulations, not inconsistent with 
the Act, as may be necessary for the efficient administration of the 
functions with which the Secretary is responsible under the Act.
    Alternatives: If this NPRM is not published, agencies may continue 
to claim FFP for administrative costs of independent legal 
representation provided by attorneys representing children in title IV-
E foster care, children who are candidates for title IV-E foster care, 
and the child's parents in all stages of foster care legal proceedings 
(Child Welfare Policy Manual (CWPM) 8.1B #30, 31 and 32).
    Anticipated Cost and Benefits: This final rule impacts state and 
tribal title IV-E (child welfare) agencies. ACF estimates that the 
proposed regulatory change would cost the federal government $141 
million in FFP per year within 5 years of implementation. This proposal 
does not impose a burden or cost on the title IV-E agency. The title 
IV-E agency has discretion to provide allowable independent legal 
representation to families.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Kathleen McHugh, Director, Division of Policy, 
Children's Bureau, ACYF/ACF/HHS, Department of Health and Human 
Services, Administration for Children and Families, 370 L'Enfant 
Promenade SW, Washington, DC 20447, Phone: 202 401-5789, Fax: 202 205-
8221, Email: [email protected].
    RIN: 0970-AC89

HHS--ACF

74.  Separate Licensing Standards for Relative or Kinship 
Foster Family Homes

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 620 et seq.; 42 U.S.C. 670 et seq.; 42 
U.S.C. 1302
    CFR Citation: 45 CFR 1355.20.
    Legal Deadline: None.
    Abstract: This regulation proposes to allow title IV-E agencies to 
adopt separate licensing standards for relative or kinship foster 
family homes.
    Statement of Need: Currently, the regulation provides that in order 
to claim title IVE, all foster family homes must meet the same 
licensing standards, regardless of whether the foster family

[[Page 5075]]

home is a relative or non-relative placement. This Notice of Proposed 
Rulemaking (NPRM) allows a title IV-E agency to adopt licensing or 
approval standards for all relative foster family homes that are 
different from the licensing standards used for non-related foster 
family homes. This will remove a barrier to licensing relatives, many 
of whom are older, more likely to be single, more likely to be African 
American, more likely to live in poverty, and less well educated.
    Summary of Legal Basis: This NPRM is published under the authority 
granted to the Secretary of Health and Human Services by section 1102 
of the Social Security Act (Act), 42 U.S.C. 1302. Section 1102 of the 
Act authorizes the Secretary to publish regulations, not inconsistent 
with the Act, as may be necessary for the efficient administration of 
the functions for which the Secretary is responsible pursuant to the 
Act. Section 472 of the Act authorizes federal reimbursement for a FCMP 
for an otherwise eligible child when the child is placed in a fully 
licensed or approved foster family home.
    Alternatives: There are no satisfactory alternatives to publishing 
this NPRM. This change cannot be made in sub-regulatory guidance.
    Anticipated Cost and Benefits: This NPRM impacts state and tribal 
title IV-E agencies and does not impose a burden. The title IV-E agency 
has discretion to develop separate licensing standards for relatives 
and non-relatives and if they do so, they may claim title IV-E funding. 
ACF estimates that the proposed regulatory change would cost the 
Federal Government $3.085 billion in title IV-E foster care federal 
financial participation over 10 years.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Kathleen McHugh, Director, Division of Policy, 
Children's Bureau, ACYF/ACF/HHS, Department of Health and Human 
Services, Administration for Children and Families, 370 L'Enfant 
Promenade SW, Washington, DC 20447, Phone: 202 401-5789, Fax: 202 205-
8221, Email: [email protected].
    RIN: 0970-AC91

HHS--ADMINISTRATION FOR COMMUNITY LIVING (ACL)

Proposed Rule Stage

75.  National Institute for Disability, Independent Living, and 
Rehabilitation Research Notice of Proposed Rulemaking

    Priority: Other Significant.
    Legal Authority: 29 U.S.C. 29--Labor; Chapter 16--Vocational 
Rehabilitation and Other Rehabilitation Services Subchapter II--
Research and Training; sec. 762--National Institute on Disability, 
Independent Living, and Rehabilitation Research
    CFR Citation: 45 CFR 1330.24.
    Legal Deadline: None.
    Abstract: The proposed rule will amend subsection 24 of the 
National Institute for Disability, Independent Living and 
Rehabilitation Research (NIDILRR) regulation (45 CFR 1330.24), which 
would make revisions to advance equity in the peer review criteria that 
NIDILRR uses to evaluate disability research applications across all of 
its research programs, as well as emphasize the need for engineering 
research and development activities within NIDILRR's Rehabilitation 
Engineering Research Centers (RERC) program.
    Statement of Need: There is a need for increased representation of 
people with disabilities among the research teams of NIDILRR grantees 
to help ensure rigor and relevance of sponsored research. There is a 
separate need for increased emphasis on engineering R&D in NIDILRR's 
Rehabilitation Engineering Research Centers program.
    Summary of Legal Basis: (1) An update of 45 CFR 1330.24 will 
strengthen NIDILRR's ability to meet goals described in the Executive 
Orders on Advancing Equity. Updating this regulation will also better 
address one of NIDILRR's core statutory purposes: To increase 
opportunities for researchers who are members of traditionally 
underserved populations, including researchers who are members of 
minority groups and researchers who are individuals with disabilities 
(29 U.S.C. 760(7)). (2) NIDILRR's statute calls for a Rehabilitation 
Engineering Research Centers program (29 U.S.C. 764(b)(3)(A)), but 
related peer review criteria in 45 CFR 1330.24 do not currently 
emphasize the importance of engineering Research & Development methods.
    Alternatives: None.
    Anticipated Cost and Benefits: ACL anticipates little to no cost 
associated with this refinement of existing regulation. The benefits 
include the potential for greater representation of people with 
disabilities and other underrepresented populations among NIDILRR-
sponsored researchers. The regulation update also will incite grantees 
of the NIDILRR Rehabilitation Engineering Research Centers program to 
include engineering Research & Development methods in their funded 
research projects.
    Risks: NIDILRR is addressing significant risks that (1) The 
research it sponsors may not address the needs and experiences of the 
full diversity of people with disabilities, and (2) NIDILRR 
Rehabilitation Engineering Research Centers are not optimally 
emphasizing engineering R&D methods.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Richard Nicholls, Chief of Staff and Executive 
Secretary, Department of Health and Human Services, Administration for 
Community Living, 330 C Street SW, Room 1004B, Washington, DC 20201, 
Phone: 202 795-7415, Fax: 202 205-0399, Email: 
[email protected].
    RIN: 0985-AA16

BILLING CODE 4150-03-P

DEPARTMENT OF HOMELAND SECURITY (DHS)

Fall 2021 Statement of Regulatory Priorities

    The Department of Homeland Security (DHS or Department) was 
established in 2003 pursuant to the Homeland Security Act of 2002, 
Public Law 107-296. The DHS mission statement contains these words: 
``With honor and integrity, we will safeguard the American people, our 
homeland, and our values.''
    DHS was created in the aftermath of the horrific attacks of 9/11, 
and its distinctive mission is defined by that commitment. The phrase 
``homeland security'' refers to the security of the American people, 
the homeland (understood in the broadest sense), and the nation's 
defining values. A central part of the mission of protecting ``our 
values'' includes fidelity to law and the rule of law, reflected above 
all in the Constitution of the United States, and also in statutes 
enacted by Congress, including the Administrative Procedure Act. That 
commitment is also associated

[[Page 5076]]

with a commitment to individual dignity. Among other things, the 
attacks of 9/11 were attacks on that value as well.
    The regulatory priorities of DHS are founded on insistence on the 
rule of law--and also on a belief that individual dignity, symbolized 
and made real by the opening words of the Constitution (``We the 
People''), the separation of powers, and the Bill of Rights (including 
the Due Process Clause), helps to define our mission.
    Fulfilling that mission requires the dedication of more than 
240,000 employees in jobs that range from aviation and border security 
to emergency response, from cybersecurity analyst to chemical facility 
inspector, from the economist seeking to identify the consequences of 
our actions to the scientist and policy analyst seeking to make the 
nation more resilient against flooding, drought, extreme heat, and 
wildfires. Our duties are wide-ranging, but our goal is clear: Keep 
America safe.
    Six overarching homeland security missions make up DHS's strategic 
plan: (1) Counter terrorism and homeland security threats; (2) secure 
U.S. borders and approaches; (3) secure cyberspace and critical 
infrastructure; (4) preserve and uphold the Nation's prosperity and 
economic security; (5) strengthen preparedness and resilience 
(including resilience from risks actually or potentially aggravated by 
climate change); and (6) champion the DHS workforce and strengthen the 
Department. See also 6 U.S.C. 111(b)(1) (identifying the primary 
mission of the Department). In promoting these goals, we attempt to 
evaluate our practices by reference to evidence and data, not by 
hunches and guesswork, and to improve them in real time. We also 
attempt to deliver our multiple services in a way that, at once, 
protects the American people and does not impose excessive or 
unjustified barriers and burdens on those who use them.
    In achieving those goals, we are committed to public participation 
and to listening carefully to the American people (and to noncitizens 
as well). We are continually strengthening our partnerships with 
communities, first responders, law enforcement, and Government 
agencies--at the Federal, State, local, tribal, and international 
levels. We are accelerating the deployment of science, technology, and 
innovation in order to make America more secure against risks old and 
new--and to perform our services better. We are becoming leaner, 
smarter, and more efficient, ensuring that every security resource is 
used as effectively as possible. For a further discussion of our 
mission, see the DHS website at https://www.dhs.gov/mission.
    The regulations we have summarized below in the Department's Fall 
2021 Regulatory Plan and Agenda support the Department's mission. We 
are committed to continuing evaluation of our regulations, consistent 
with Executive Order 13563, and Executive Order 13707, and in a way 
that improves them over time. These regulations will improve the 
Department's ability to accomplish its mission. In addition, these 
regulations respond to and implement legislative initiatives such as 
those found in the Implementing Recommendations of the 9/11 Commission 
Act of 2007 (9/11 Act), FAA Extension, Safety, and Security Act of 
2016, and the Synthetics Trafficking and Overdose Prevention Act of 
2018 (STOP Act). We emphasize here our commitments (1) To fidelity to 
law; (2) to treating people with dignity and respect; (3) to increasing 
national resilience against multiple risks and hazards, including those 
actually or potentially associated with climate change; (4) to 
modernization of existing requirements; and (5) to reducing unjustified 
barriers and burdens, including administrative burdens.
    DHS strives for organizational excellence and uses a centralized 
and unified approach to managing its regulatory resources. The Office 
of the General Counsel manages the Department's regulatory program, 
including the agenda and regulatory plan. In addition, DHS senior 
leadership reviews each significant regulatory project in order to 
ensure that the project fosters and supports the Department's mission.
    The Department is committed to ensuring that all of its regulatory 
initiatives are aligned with its guiding principles to protect civil 
rights and civil liberties, integrate our actions, listen to those 
affected by our actions, build coalitions and partnerships, eliminate 
unjustified burdens and barriers, develop human resources, innovate, 
and be accountable to the American public.
    DHS is strongly committed to the principles described in Executive 
Orders 13563 and 12866 (as amended). Both Executive Orders direct 
agencies to assess the costs and benefits of available regulatory 
alternatives and, if regulation is necessary, to select regulatory 
approaches that maximize net benefits. Executive Order 13563 emphasizes 
the importance of quantifying both costs and benefits, of reducing 
costs, of harmonizing rules, and of promoting flexibility. Executive 
Order 13563 explicitly draws attention to human dignity and to equity.
    Finally, the Department values public involvement in the 
development of its regulatory plan, agenda, and regulations. It is 
particularly concerned with the impact its regulations have on small 
businesses and startups, consistent with its commitment to promoting 
economic growth. Consistent with President Biden's Executive Order on 
Advancing Racial Equity and Support for Underserved Communities Through 
the Federal Government (E.O. 13985). DHS is also concerned to ensure 
that its regulations are equitable, and that they do not have 
unintended or adverse effects on (for example) women, disabled people, 
people of color, or the elderly. Its general effort to modernize 
regulations, and to remove unjustified barriers and burdens, is meant 
in part to avoid harmful effects on small businesses, startups, and 
disadvantaged groups of multiple sorts. DHS and its components continue 
to emphasize the use of plain language in our regulatory documents to 
promote a better understanding of regulations and to promote increased 
public participation in the Department's regulations. We want our 
regulations to be transparent and ``navigable,'' so that people are 
aware of how to comply with them (and in a position to suggest 
improvements).
    The Fall 2021 regulatory plan for DHS includes regulations from 
multiple DHS components, including U.S. Citizenship and Immigration 
Services (USCIS), the U.S. Coast Guard (the Coast Guard), U.S. Customs 
and Border Protection (CBP), Transportation Security Administration 
(TSA), the U.S. Immigration and Customs Enforcement (ICE), the Federal 
Emergency Management Agency (FEMA), and the Cybersecurity and 
Infrastructure Security Agency (CISA). We next describe the regulations 
that comprise the DHS fall 2021 regulatory plan.

Federal Emergency Management Agency

    The Federal Emergency Management Agency (FEMA) is the government 
agency responsible for helping people before, during, and after 
disasters. FEMA supports the people and communities of our Nation by 
providing experience, perspective, and resources in emergency 
management. FEMA is particularly focused on national resilience in the 
face of the risks of flooding, drought, extreme heat, and wildfire; it 
is acutely aware that these risks, and others, are actually or 
potentially aggravated by climate change. FEMA seeks to ensure, to the 
extent possible, that changing weather

[[Page 5077]]

conditions do not mean a more vulnerable nation. FEMA is also focused 
on individual equity, and it is aware that administrative burdens and 
undue complexity might produce inequitable results in practice.
    Consistent with President Biden's Executive Order on Climate 
Related Financial Risk (E.O. 14030), FEMA will propose a regulation 
titled National Flood Insurance Program: Standard Flood Insurance 
Policy, Homeowner Flood Form. The National Flood Insurance Program 
(NFIP), established pursuant to the National Flood Insurance Act of 
1968, is a voluntary program in which participating communities adopt 
and enforce a set of minimum floodplain management requirements to 
reduce future flood damages. This proposed rule would revise the 
Standard Flood Insurance Policy by adding a new Homeowner Flood Form 
and five accompanying endorsements. The new Homeowner Flood Form would 
replace the Dwelling Form as a source of coverage for one-to-four 
family residences. Together, the new Form and endorsements would more 
closely align with property and casualty homeowners' insurance and 
provide increased options and coverage in a more user-friendly and 
comprehensible format.
    FEMA will also propose a regulation titled Individual Assistance 
Program Equity to further align with Executive Order 13895. Climate 
change results in more frequent and/or intense extreme weather events 
like severe storms, flooding and wildfires, disproportionately 
impacting the most vulnerable in society. FEMA will propose to amend 
its Individual Assistance (IA) regulations to increase equity and ease 
of entry to the IA Program. To provide a full opportunity for 
underserved communities to participate, FEMA will propose to amend 
application of ``safe, sanitary, and functional'' for IA repair 
assistance; re-evaluate the requirement to apply for a Small Business 
Administration loan prior to receipt of Other Needs Assistance; add 
eligibility criteria for its Serious Needs & Displacement Assistance; 
amend its requirements for Continued Temporary Housing Assistance; re-
evaluate its approach to insurance proceeds; and amend its appeals 
process. FEMA will also propose revisions to reflect changes to 
statutory authority that have not yet been implemented in regulation, 
to include provisions for utility and security deposit payments, lease 
and repair of multi-family rental housing, childcare assistance, and 
maximum assistance limits.
    FEMA will issue a regulation titled Amendment to the Public 
Assistance Program's Simplified Procedures Large Project Threshold. It 
will revise its regulations governing the Public Assistance program to 
update the monetary threshold at or below which FEMA will obligate 
funding based on an estimate of project costs, and above which FEMA 
will obligate funding based on actual project costs. This rule will 
ensure FEMA and recipients can more efficiently process unobligated 
Project Worksheets for COVID-19 declarations, which continue to fund 
important pandemic-related work, while avoiding unnecessary confusion 
and administrative burden by not affecting previous project size 
determinations.
    On October 12, 2021, FEMA issued a Request for Information to 
receive the public's input on revising the NFIP's floodplain management 
standards for land management and use regulations to better align with 
the current understanding of flood risk and flood risk reduction 
approaches, as directed by Executive Order 14030. FEMA seeks input on 
the floodplain management standards that communities should adopt to 
result in safer, stronger, and more resilient communities. 
Additionally, FEMA seeks input on how the NFIP can better promote 
protection of and minimize any adverse impact to threatened and 
endangered species, and their habitats.

United States Citizenship and Immigration Services

    U.S. Citizenship and Immigration Services (USCIS) is the government 
agency that administers the nation's lawful immigration system, 
safeguarding its integrity and promise by efficiently and fairly 
adjudicating requests for immigration benefits while protecting 
Americans, securing the homeland, and honoring our values. USCIS is 
committed to taking the necessary steps to reduce barriers to legal 
immigration, increase access to immigration benefits (consistent with 
law), and reinvigorate the size and scope of humanitarian relief. In 
the coming year, USCIS intends to pursue several regulatory actions 
that support these goals while balancing our fiscal stability.
    Asylum Reforms. This Administration is focused on pursuing 
regulations to rebuild and streamline the asylum system, consistent 
with President Biden's Executive Order on Creating a Comprehensive 
Regional Framework to Address the Causes of Migration, to Manage 
Migration Throughout North and Central America, and to Provide Safe and 
Orderly Processing of Asylum Seekers at the United States Border (E.O. 
14010). On August 20, 2021, DHS/USCIS and DOJ/Executive Office of 
Immigration Review (EOIR) jointly proposed regulatory amendments that 
aim to accelerate the adjudication process for individuals in expedited 
removal proceedings who are seeking asylum, withholding of removal, or 
protection under the Convention Against Torture. The current system in 
place has resulted in unsustainable backlogs that span many years. 
USCIS and EOIR will seek to issue a final rule that makes concrete and 
lasting improvements in the processing of those cases after considering 
public input received on the proposed rule. (Procedures for Credible 
Fear Screening and Consideration of Asylum, Withholding of Removal, and 
CAT Protection Claims by Asylum Officers). In addition, USCIS will 
propose regulations to remove barriers to affirmative asylum claims, 
while also proposing processing timeframes for initial application for 
employment authorization applications filed by pending asylum 
applicants that reflect the operational capabilities of USCIS. 
(Rescission of ``Asylum Application, Interview, & Employment 
Authorization'' Rule and Change to ``Removal of 30-Day Processing 
Provision for Asylum Applicant Related Form I-765 Employment 
Authorization''). USCIS and EOIR will also take steps to remove or 
modify regulatory provisions that have created unnecessary hurdles in 
the asylum system, many of which are currently enjoined by various 
courts. (Bars to Asylum Eligibility and Procedures; Procedures for 
Asylum and Withholding of Removal; Credible Fear and Reasonable Fear 
Review). Finally, USCIS and EOIR will jointly propose updates to their 
regulations to clarify eligibility for asylum and withholding, and 
better describe the circumstances in which a person should be 
considered a member of a ``particular social group.'' (Asylum and 
Withholding Definitions).
    Review of the Public Charge of Inadmissibility Ground. On August 
23, 2021, USCIS published an Advance Notice of Proposed Rulemaking 
(ANPRM) to gather input from interested and impacted stakeholders on 
how USCIS should implement the public charge ground of inadmissibility. 
This action was the first step taken in response to President Biden's 
Executive Order on Restoring Faith in Our Legal Immigration Systems and 
Strengthening Integration and Inclusion Efforts for New Americans (E.O. 
14012). USCIS will propose regulations to define the

[[Page 5078]]

term ``public charge'' and to identify considerations relevant to the 
public charge inadmissibility determination, while recognizing that we 
must continue to be a Nation of opportunity and of welcome, and that we 
must provide due consideration to the confusion, fear, and negative 
public health consequences that may result from public charge policies. 
(Inadmissibility on Public Charge Grounds).
    Deferred Action for Childhood Arrivals (DACA). On September 28, 
2021, USCIS issued a proposed rule that establishes specified 
guidelines for considering requests for deferred action submitted by 
certain individuals who entered the United States many years ago as 
children. The proposed rule invites public comments on a number of 
issues relating to DACA, including issues identified in a recent 
decision of the U.S. District Court for the Southern District of Texas 
court regarding DHS's authority to maintain the DACA policy, and 
possible alternatives. In keeping with President Biden's Presidential 
Memorandum: Preserving and Fortifying Deferred Action for Childhood 
Arrivals (DACA), USCIS will consider public comments and seek to 
finalize the proposed rule in the coming months (Deferred Action for 
Childhood Arrivals).
    Improvements to the Overall Immigration System. After performing 
the required biennial fee review, USCIS will propose adjustments to 
certain immigration and naturalization benefit request fees to ensure 
that fees recover full costs borne by the agency. In doing so, USCIS 
will adhere to the ideals described in Executive Orders 14010 and 14012 
of removing barriers and promoting access to the immigration system; 
improving and expanding naturalization processing; and meeting the 
administration's humanitarian priorities. (U.S. Citizenship and 
Immigration Services Fee Schedule).

United States Coast Guard

    The Coast Guard is a military, multi-mission, maritime service of 
the United States and the only military organization within DHS. It is 
the principal Federal agency responsible for maritime safety, security, 
and stewardship in U.S. ports and waterways.
    Effective governance in the maritime domain hinges upon an 
integrated approach to safety, security, and stewardship. The Coast 
Guard's policies and capabilities are integrated and interdependent, 
delivering results through a network of enduring partnerships with 
maritime stakeholders. Consistent standards of universal application 
and enforcement, which encourage safe, efficient, and responsible 
maritime commerce, are vital to the success of the maritime industry. 
The Coast Guard's ability to field versatile capabilities and highly 
trained personnel is one of the U.S. Government's most significant and 
important strengths in the maritime environment.
    America is a maritime nation, and our security, resilience, and 
economic prosperity are intrinsically linked to the oceans. Safety, 
efficient waterways, and freedom of transit on the high seas are 
essential to our well-being. The Coast Guard is leaning forward, poised 
to meet the demands of the modern maritime environment. The Coast Guard 
creates value for the public through solid prevention and response 
efforts. Activities involving oversight and regulation, enforcement, 
maritime presence, and public and private partnership foster increased 
maritime safety, security, and stewardship.
    The statutory responsibilities of the Coast Guard include ensuring 
marine safety and security, preserving maritime mobility, protecting 
the marine environment, enforcing U.S. laws and international treaties, 
and performing search and rescue. The Coast Guard supports the 
Department's overarching goals of mobilizing and organizing our Nation 
to secure the homeland from terrorist attacks, natural disasters, and 
other emergencies. These goals include protection against the risks 
associated with climate change, and the Coast Guard seeks to obtain 
scientific information to assist in that task, while also acting to 
promote resilience and adaptation.
    The Coast Guard highlights the following regulatory actions:
    Shipping Safety Fairways Along the Atlantic Coast. The Coast Guard 
published an ANPRM on June 19, 2020. The Coast Guard is reviewing 
comments to help develop a proposed rule that would establish shipping 
safety fairways (fairways) along the Atlantic Coast of the United 
States. Fairways are marked routes for vessel traffic. They facilitate 
the direct and unobstructed transit of ships. The proposed fairways 
will be based on studies about vessel traffic along the Atlantic Coast. 
The Coast Guard is taking this action to ensure that obstruction-free 
routes are preserved to and from U.S. ports and along the Atlantic 
coast and to reduce the risk of collisions, allisions and grounding, as 
well as alleviate the chance of increased time and expenses in transit.
    Electronic Chart and Navigation Equipment Carriage Requirements. 
The Coast Guard will seek comment on the modification of its chart and 
navigational equipment regulations. We plan to publish an ANPRM that 
outlines the Coast Guard's strategy to revise the chart and 
navigational equipment requirements for all commercial U.S.-flagged 
vessels and foreign-flagged vessels operating in the waters of the 
United States to fulfill the electronic chart use requirements as 
required by statute. Acceptable standards and capabilities need to be 
clarified before paper charts are discontinued and replaced by digital 
electronic navigation charts. The ANPRM should provide us with 
information on how widely electronic charts are used, who is using 
them, the appropriate equipment requirements for different vessel 
classes, and where they operate. The public comments should better 
enable us to tailor proposed electronic charts requirements to vessel 
class and location.
    MARPOL Annex VI; Prevention of Air Pollution from Ships. The Coast 
Guard is proposing regulations to carry out the provisions of Annex VI 
of the MARPOL Protocol, which is focused on the prevention of air 
pollution from ships. The Act to Prevent Pollution from Ships has 
already given direct effect to most provisions of Annex VI, and the 
Coast Guard and the Environmental Protection Agency have carried out 
some Annex VI provisions through previous rulemakings. This proposed 
rulemaking would fill gaps in the existing framework for carrying out 
the provisions of Annex VI. Chapter 4 of Annex VI contains shipboard 
energy efficiency measures that include short-term measures reducing 
carbon emissions linked to climate change and supports Administration 
goals outlined in Executive Order 14008 titled Tackling the Climate 
Crisis at Home and Abroad. This proposed rulemaking would apply to 
U.S.-flagged ships. It would also apply to foreign-flagged ships 
operating either in U.S. navigable waters or in the U.S. Exclusive 
Economic Zone.

United States Customs and Border Protection

    Customs and Border Protection (CBP) is the Federal agency 
principally responsible for the security of our Nation's borders, both 
at and between the ports of entry into the United States. CBP must 
accomplish its border security and enforcement mission without stifling 
the flow of legitimate trade and travel. The primary mission of CBP is 
its homeland security mission, that is, to

[[Page 5079]]

prevent terrorists and terrorist weapons from entering the United 
States. An important aspect of this mission involves improving security 
at our borders and ports of entry, but it also means extending our zone 
of security beyond our physical borders.
    CBP is also responsible for administering laws concerning the 
importation of goods into the United States and enforcing the laws 
concerning the entry of persons into the United States. This includes 
regulating and facilitating international trade; collecting import 
duties; enforcing U.S. trade, immigration and other laws of the United 
States at our borders; inspecting imports; overseeing the activities of 
persons and businesses engaged in importing; enforcing the laws 
concerning smuggling and trafficking in contraband; apprehending 
individuals attempting to enter the United States illegally; protecting 
our agriculture and economic interests from harmful pests and diseases; 
servicing all people, vehicles, and cargo entering the United States; 
maintaining export controls; and protecting U.S. businesses from theft 
of their intellectual property.
    In carrying out its mission, CBP's goal is to facilitate the 
processing of legitimate trade and people efficiently without 
compromising security. Consistent with its primary mission of homeland 
security, CBP intends to issue several regulations that are intended to 
improve security at our borders and ports of entry. During the upcoming 
year, CBP will also work on various projects to streamline CBP 
processing, reduce duplicative processes, reduce various burdens on the 
public, and automate various paper forms. Below, CBP provides 
highlights of certain planned actions for the coming fiscal year.
    Implementation of the Electronic System for Travel Authorization 
(ESTA) at U.S. Land Borders--Automation of CBP Form I-94W. CBP intends 
to amend existing regulations to implement the ESTA requirements under 
the Implementing Recommendations of the 9/11 Commission Act of 2007 for 
noncitizens who intend to enter the United States under the Visa Waiver 
Program (VWP) at land ports of entry. Currently, noncitizens from VWP 
countries must provide certain biographic information to U.S. CBP 
officers at land ports of entry on a paper form. Under this rule, these 
VWP travelers would instead provide this information to CBP 
electronically through ESTA prior to application for admission to the 
United States. In addition to fulfilling a statutory mandate, this rule 
will strengthen national security through enhanced traveler vetting, 
will streamline the processing of visitors, will reduce inadmissible 
traveler arrivals, and will save time for both travelers and the 
government. (Note: There is no associated Regulatory Plan entry for 
this rule because this rule is non-significant under Executive Order 
12866. There is an entry, however, in the Unified Agenda.)
    Automation of CBP Form I-418 for Vessels. CBP intends to amend 
existing regulations regarding the submission of Form I-418, Passenger 
List--Crew List. Currently, the master or agent of every commercial 
vessel arriving in the United States, with limited exceptions, must 
submit a paper Form I-418 to CBP at the port where immigration 
inspection is performed. Most commercial vessel operators are also 
required to submit a paper Form I-418 to CBP at the final U.S. port 
prior to departing for a foreign port. Under this rule, most vessel 
operators would be required to electronically submit the data elements 
on Form I-418 to CBP through the National Vessel Movement Center in 
lieu of submitting a paper form. This rule would eliminate the need to 
file the paper Form I-418 in most cases. This rule is included in this 
narrative because it reduces administrative and paperwork burdens on 
the regulated public. (Note: There is no associated Regulatory Plan 
entry for this rule because this rule is non-significant under 
Executive Order 12866. There is an entry, however, in the Unified 
Agenda.)
    Advance Passenger Information System: Electronic Validation of 
Travel Documents. CBP intends to amend current Advance Passenger 
Information System (APIS) regulations to incorporate additional carrier 
requirements that would further enable CBP to determine whether each 
passenger is traveling with valid, authentic travel documents prior to 
the passenger boarding the aircraft. The proposed regulation would 
require commercial air carriers to receive a second message from CBP 
that would state whether CBP matched the travel documents of each 
passenger to a valid, authentic travel document recorded in CBP's 
databases. The proposed regulation would also require air carriers to 
transmit additional data elements regarding contact information through 
APIS for all commercial aircraft passengers arriving in the United 
States to support border operations and national security. CBP expects 
that the collection of these elements would enable CBP to further 
support the Center for Disease Control and Prevention's (CDC's) mission 
in monitoring and tracing the contacts for persons involved in health 
incidents (e.g., COVID-19). This action will result in time savings to 
passengers and cost savings to CBP, carriers, and the public.
    In addition to the regulations that CBP issues to promote DHS's 
mission, CBP issues regulations related to the mission of the 
Department of the Treasury. Under section 403(1) of the Homeland 
Security Act of 2002, the former-U.S. Customs Service, including 
functions of the Secretary of the Treasury relating thereto, 
transferred to the Secretary of Homeland Security. As part of the 
initial organization of DHS, the Customs Service inspection and trade 
functions were combined with the immigration and agricultural 
inspection functions and the Border Patrol and transferred into CBP. 
The Department of the Treasury retained certain regulatory authority of 
the U.S. Customs Service relating to customs revenue function. In the 
coming year, CBP expects to continue to issue regulatory documents that 
will facilitate legitimate trade and implement trade benefit programs. 
For a discussion of CBP regulations regarding the customs revenue 
function, see the regulatory plan of the Department of the Treasury.

Transportation Security Administration

    The Transportation Security Administration (TSA) protects the 
Nation's transportation systems to ensure freedom of movement for 
people and commerce. TSA applies an intelligence-driven, risk-based 
approach to all aspects of its mission. This approach results in layers 
of security to mitigate risks effectively and efficiently. TSA seeks to 
ensure ever-improving ``customer service'' so as to improve the 
experience of the many millions of travelers whom it serves. In fiscal 
year 2022, TSA is prioritizing the following actions that are required 
to meet statutory mandates and that are necessary for national 
security.
    Vetting of Certain Surface Transportation Employees. TSA will 
propose a rule that requires security threat assessments for security 
coordinators and other frontline employees of certain public 
transportation agencies (including rail mass transit and bus systems), 
railroads (freight and passenger), and over-the-road bus owner/
operators. The NPRM will also propose provisions to implement TSA's 
statutory requirement to recover its cost of vetting user fees. While 
many stakeholders conduct background checks on their employees, their 
actions are limited based upon the data they can access. Through this 
rule,

[[Page 5080]]

TSA will be able to conduct a more thorough check against terrorist 
watch-lists of individuals in security-sensitive positions.
    Flight Training Security. In 2004, TSA published an Interim Final 
Rule (IFR) that requires flight schools to notify TSA when noncitizens, 
and other individuals designated by TSA, apply for flight training or 
recurrent training. TSA subsequently issued exemptions and 
interpretations in response to comments on the IFR, questions raised 
during operation of the program since 2004, and a notice extending the 
comment period on May 18, 2018. Based on the comments and questions 
received, TSA is finalizing the rule with modifications. TSA is 
considering modifications that would change the frequency of security 
threat assessments from a high-frequency event-based interval to a 
time-based interval, clarify the definitions and other provisions of 
the rule, and enable industry to use TSA-provided electronic 
recordkeeping systems for all documents required to demonstrate 
compliance with the rule.
    Indirect Air Carrier Security. Current regulations for Indirect Air 
Carriers (IACs) require annual renewal of the IAC's security program 
and prompt notification to TSA of any changes to operations related to 
information previously provided to TSA. This rule will propose a three-
year renewal schedule, rather than annual renewal. This change will 
align the security program renewal requirement with those applicable to 
other regulated entities within the air cargo industry. These changes 
will not have a negative impact on security as TSA will maintain the 
requirement to notify the agency of changes to operations and will 
continue its robust inspection and compliance program. TSA believes 
this action will reduce burdens on an industry affected by the COVID-19 
public health crisis and enhance the industry's ability to focus 
limited human resources on the core tasks of moving air cargo.
    Cybersecurity Requirements for Certain Surface Owner/Operators. On 
July 28, 2021, the President issued the National Security Memorandum on 
Improving Cybersecurity for Critical Infrastructure Control Systems. 
Consistent with that Memorandum and in response to the ongoing 
cybersecurity threat to pipeline systems, TSA issued security 
directives to owners and operators of TSA-designated critical pipelines 
that transport hazardous liquids and natural gas. The security 
directives implement urgently needed protections against cyber 
intrusions. The first directive, issued in May 2021, requires critical 
owner/operators to (1) Report confirmed and potential cybersecurity 
incidents to DHS's Cybersecurity and Infrastructure Security Agency 
(CISA); (2) designate a Cybersecurity Coordinator to be available 24 
hours a day, seven days a week; (3) review current cybersecurity 
practices; and (4) identify any gaps and related remediation measures 
to address cyber-related risks and report the results to TSA and CISA 
within 30 days of issuance of the security directive. A second security 
directive, issued in July 2021, requires these owners and operators to 
(1) implement specific mitigation measures to protect against 
ransomware attacks and other known threats to information technology 
and operational technology systems; (2) develop and implement a 
cybersecurity contingency and recovery plan; and (3) conduct a 
cybersecurity architecture design review. TSA is committed to enhancing 
and sustaining cybersecurity in transportation and intends to issue a 
rulemaking to codify these and other requirements for certain surface 
transportation owner-operators.
    Amending Vetting Requirements for Employees with Access to a 
Security Identification Display Area. The FAA Extension, Safety, and 
Security Act of 2016 mandates that TSA consider modifications to the 
list of disqualifying criminal offenses and criteria, develop a waiver 
process for approving the issuance of credentials for unescorted 
access, and propose an extension of the look back period for 
disqualifying crimes. Based on these requirements, and current 
intelligence pertaining to the ``insider threat,'' TSA is developing a 
proposed rule. The rule would revise current vetting requirements to 
enhance eligibility and disqualifying criminal offenses for individuals 
seeking or having unescorted access to any Security Identification 
Display Area of an airport.

United States Immigration and Customs Enforcement

    U.S. Immigration and Customs Enforcement (ICE) is the principal 
criminal investigative arm of DHS and one of the three Department 
components charged with the criminal and civil enforcement of the 
Nation's immigration laws. Its primary mission is to protect national 
security, public safety, and the integrity of our borders through the 
criminal and civil enforcement of Federal law governing border control, 
customs, trade, and immigration. During the coming fiscal year, ICE 
will focus rulemaking efforts on regulations pertaining to adjusting 
fees, including the rule mentioned below.
    Fee Adjustment for U.S. Immigration and Customs Enforcement Form I-
246, Application for a Stay of Deportation or Removal. ICE will propose 
a rule that would adjust the fee for adjudicating and handling Form I-
246, Application for a Stay of Deportation or Removal. The Form I-246 
fee was last adjusted in 1989. After a comprehensive fee review, ICE 
has determined that the current Form I-246 fee does not recover the 
full costs of processing and adjudicating Form I-246. The rule will 
also clarify the availability of Form I-246 fee waivers.

Cybersecurity and Infrastructure Security Agency

    The Cybersecurity and Infrastructure Security Agency (CISA) is 
responsible for leading the national effort to develop cybersecurity 
and critical infrastructure security programs, operations, and 
associated policy to enhance the security and resilience of physical 
and cyber infrastructure.
    Ammonium Nitrate Security Program. This rule implements a 2007 
amendment to the Homeland Security Act. The amendment requires DHS to 
``regulate the sale and transfer of ammonium nitrate facility . . . to 
prevent the misappropriation or use of ammonium nitrate in an act of 
terrorism.'' CISA published a Notice of Proposed Rulemaking in 2011. 
CISA is planning to issue a Supplemental Notice of Proposed Rulemaking.
    A more detailed description of the priority regulations that 
comprise the DHS regulatory plan follows.

DHS--U.S. CITIZENSHIP AND IMMIGRATION SERVICES (USCIS)

Proposed Rule Stage

76. Procedures for Asylum and Withholding of Removal; Credible Fear and 
Reasonable Fear Review

    Priority: Other Significant.
    Legal Authority: 8 U.S.C. 1158; 8 U.S.C. 1225; 8 U.S.C. 1231 and 
1231 (note)
    CFR Citation: 8 CFR 235; 8 CFR 208; 8 CFR 1208.
    Legal Deadline: None.
    Abstract: On December 11, 2020, the Department of Justice and the 
Department of Homeland Security (collectively, ``the Departments'') 
published a final rule titled Procedures for Asylum and Withholding of 
Removal; Credible Fear and Reasonable Fear Review (RINs 1125-AA94 and 
1615-AC42) to amend the regulations governing credible fear 
determinations so that individuals found to have such

[[Page 5081]]

a fear will have their claims for asylum, withholding of removal under 
section 241(b)(3) of the Immigration and Nationality Act (``INA'' or 
``the Act'') (``statutory withholding of removal''), or protection 
under the regulations issued pursuant to the legislation implementing 
the Convention Against Torture and Other Cruel, Inhuman or Degrading 
Treatment or Punishment (``CAT''), adjudicated by an immigration judge 
within the Executive Office for Immigration Review (``EOIR'') in 
separate proceedings (rather than in proceedings under section 240 of 
the Act), and to specify what standard of review applies in such 
proceedings. The final rule amended the regulations regarding asylum, 
statutory withholding of removal, and withholding and deferral of 
removal under the CAT regulations. The final rule also made changes to 
the standards for adjudication of applications for asylum and statutory 
withholding. The Departments are planning to rescind or modify the 
December 2020 rule, in several rulemaking efforts. The Departments have 
proposed to rescind certain portions of the final rule (including 
regulations related to credible fear screenings) as part of the 
rulemaking action described in RIN 1615-AC67.The Departments will also 
propose to rescind or modify the remaining portions of the December 
2020 rule under this RIN, 1615-AC42.
    Statement of Need: The Departments are reviewing the regulatory 
changes made in the final rule in light of the issuance of Executive 
Order 14010 and Executive Order 14012. This rule is needed to ensure 
that the regulations align with the goals and principles outlined in 
Executive Order 14010 and Executive Order 14012.
    Anticipated Cost and Benefits: DHS is still currently considering 
the specific cost and benefit impacts associated with the proposal to 
rescind or modify the December 2020 rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/15/20  85 FR 36264
NPRM Comment Period End.............   07/15/20  .......................
Final Rule..........................   12/11/20  85 FR 80274
Final Rule; Correction..............   01/11/21  86 FR 1737
Final Rule Effective................   01/11/21  .......................
Second NPRM.........................   08/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Andria Strano, Chief, Humanitarian Affairs 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, Office of Policy and Strategy, 5900 Capital 
Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, Phone: 240 
721-3000.
    Related RIN: Related to 1125-AA94, Related to 1125-AB14, Related to 
1615-AC65.
    RIN: 1615-AC42

DHS--USCIS

77. Deferred Action for Childhood Arrivals

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 6 U.S.C. 101 et seq.; 8 U.S.C. 1101 et seq.
    CFR Citation: 8 CFR 106; 8 CFR 236; 8 CFR 274a.
    Legal Deadline: None.
    Abstract: On June 15, 2012, the DHS established the DACA policy. 
The policy directed USCIS to create a process to defer removal of 
certain noncitizens who years earlier came to the United States as 
children, meet other criteria, and do not present other circumstances 
that would warrant removal. On January 20, 2021, President Biden 
directed DHS, to take all appropriate actions to preserve and fortify 
DACA, consistent with applicable law. On July 16, 2021, the U.S. 
District Court for the Southern District of Texas vacated the June 2012 
Memorandum that created the DACA policy and permanently enjoined DHS 
from ``administering the DACA program and from reimplementing DACA 
without compliance with the APA.'' However, the district court 
temporarily stayed its vacatur and injunction with respect to most 
individuals granted deferred action under DACA on or before July 16, 
2021, including with respect to their renewal requests. The district 
court's vacatur and injunction were based, in part, on its conclusion 
that the June 2012 Memorandum announced a legislative rule that 
required notice-and-comment rulemaking. The district court further 
remanded the DACA policy to DHS for further consideration. DHS has 
announced its intent to appeal the district court's decision. 
Consistent with the Presidential Memorandum, DHS intends to engage in 
notice- and-comment rulemaking to consider all issues regarding DACA, 
including those identified by the district court relating to the 
policy's substantive legality.
    Statement of Need: The Secretary proposes in this rule to establish 
specified guidelines for considering requests for deferred action 
submitted by certain individuals who entered the United States many 
years ago as children. This proposed rule will also address the 
availability of employment authorization for persons who receive 
deferred action under the rule, as well as the issue of lawful 
presence. The Secretary will invite public comments on a number of 
issues relating to DACA, including issues identified by the district 
court regarding the authority of DHS to maintain the DACA policy, and 
possible alternatives.
    Anticipated Cost and Benefits: DHS is currently considering the 
specific cost and benefit impacts of the proposed provisions.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/28/21  86 FR 53736
NPRM Comment Period End.............   11/29/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Agency Contact: Andria Strano, Chief, Humanitarian Affairs 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, Office of Policy and Strategy, 5900 Capital 
Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, Phone: 240 
721-3000.
    RIN: 1615-AC64

DHS--USCIS

78. Asylum and Withholding Definitions

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 8 U.S.C. 1101(a)(42); 8 U.S.C. 1158; 8 U.S.C. 
1225; 8 U.S.C. 1231 and 1231 (note); E.O. 14010; 86 FR 8267 (Feb. 2, 
2021)
    CFR Citation: 8 CFR 2; 8 CFR 208; 8 CFR 1208.
    Legal Deadline: None.
    Abstract: This rule proposes to amend Department of Homeland 
Security (DHS) and Department of Justice (DOJ) regulations that govern 
eligibility for asylum and withholding of removal. The amendments focus 
on portions of the regulations that deal with the definitions of 
membership in a particular social group, the requirements for failure 
of State

[[Page 5082]]

protection, and determinations about whether persecution is on account 
of a protected ground. This rule is consistent with Executive Order 
14010 of February 2, 2021, which directs the Departments to, within 270 
days, promulgate joint regulations, consistent with applicable law, 
addressing the circumstances in which a person should be considered a 
member of a particular social group.
    Statement of Need: This rule provides guidance on a number of key 
interpretive issues of the refugee definition used by adjudicators 
deciding asylum and withholding of removal (withholding) claims. The 
interpretive issues include whether persecution is inflicted on account 
of a protected ground, the requirements for establishing the failure of 
State protection, and the parameters for defining membership in a 
particular social group. This rule will aid in the adjudication of 
claims made by applicants whose claims fall outside of the rubric of 
the protected grounds of race, religion, nationality, or political 
opinion. One example of such claims which often fall within the 
particular social group ground concerns people who have suffered or 
fear domestic violence. This rule is expected to consolidate issues 
raised in a proposed rule in 2000 and to address issues that have 
developed since the publication of the proposed rule. This rule should 
provide greater stability and clarity in this important area of the 
law. This rule will also provide guidance to the following 
adjudicators: USCIS asylum officers, Department of Justice Executive 
Office for Immigration Review (EOIR) immigration judges, and members of 
the EOIR Board of Immigration Appeals (BIA).
    Furthermore, on February 2, 2021, President Biden issued Executive 
Order 14010 that directs DOJ and DHS within 270 days of the date of 
this order, [to] promulgate joint regulations, consistent with 
applicable law, addressing the circumstances in which a person should 
be considered a member of a `particular social group,' as that term is 
used in 8 U.S.C. 1101(a)(42)(A), as derived from the 1951 Convention 
relating to the Status of Refugees and its 1967 Protocol.
    Summary of Legal Basis: The purpose of this rule is to provide 
guidance on certain issues that have arisen in the context of asylum 
and withholding adjudications. The 1951 Geneva Convention relating to 
the Status of Refugees contains the internationally accepted definition 
of a refugee. United States immigration law incorporates an almost 
identical definition of a refugee as a person outside his or her 
country of origin ``who is unable or unwilling to return to, and is 
unable or unwilling to avail himself or herself of the protection of, 
that country because of persecution or a well-founded fear of 
persecution on account of race, religion, nationality, membership in a 
particular social group, or political opinion.'' Section 101(a)(42) of 
the Immigration and Nationality Act.
    Anticipated Cost and Benefits: DHS is currently considering the 
specific cost and benefit impacts of the proposed provisions.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Agency Contact: Ronald W. Whitney, Deputy Chief, Refugee and Asylum 
Law Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, Office of Chief Counsel, 20 Massachusetts Avenue 
NW, Washington, DC 20529, Phone: 415 293-1244, Fax: 415 293-1269, 
Email: [email protected].
    Related RIN: Related to 1615-AC42, Related to 1125-AB13, Related to 
1125-AA94.
    RIN: 1615-AC65

DHS--USCIS

79. Rescission of ``Asylum Application, Interview, & Employment 
Authorization'' Rule and Change to ``Removal of 30 Day Processing 
Provision for Asylum Applicant Related Form I-765 Employment 
Authorization''

    Priority: Economically Significant. Major status under 5 U.S.C. 801 
is undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 8 U.S.C. 1158(d)(2); 8 U.S.C. 1101 and 1103 ; Pub. 
L. 103-322; 8 U.S.C. 1105a; 8 U.S.C. 1151, 1153 and 1154; 8 U.S.C. 
1182; 8 U.S.C. 1186a; 8 U.S.C. 1255; Pub. L. 113-4; 5 U.S.C. 801
    CFR Citation: 8 CFR 208.3; 8 CFR 208.4; 8 CFR 208.7; 8 CFR 208.9; 8 
CFR 208.10; 8 CFR 274a.12; 8 CFR 274a.13; 8 CFR 274a.14.
    Legal Deadline: None.
    Abstract: DHS plans to issue a notice of proposed rulemaking that 
would rescind or substantively revise two final rules related to 
employment authorization for asylum applicants. On August 25, 2020, the 
Department of Homeland Security (DHS) published a final rule that 
modified DHS's regulations governing asylum applications, interviews, 
and eligibility for employment authorization based on a pending asylum 
application. (85 FR 38532). On August 21, 2020, the Department of 
Homeland Security (DHS) published a final rule that removed a 
Department of Homeland Security (DHS) regulatory provision stating that 
U.S. Citizenship and Immigration Services (USCIS) has 30 days from the 
date an asylum applicant files the initial Form I-765, Application for 
Employment Authorization, to grant or deny that initial employment 
authorization application. (85 FR 37502).
    Statement of Need: The proposed change is intended to help ensure 
the eligibility requirements for employment authorization for asylum 
applicants and processing times established in the DHS regulations are 
reasonable.
    Anticipated Cost and Benefits: DHS is currently considering the 
specific cost and benefit impacts of the proposed provisions.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Andria Strano, Chief, Humanitarian Affairs 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, Office of Policy and Strategy, 5900 Capital 
Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, Phone: 240 
721-3000.
    Related RIN: Related to 1615-AC19, Related to 1615-AC27.
    RIN: 1615-AC66

DHS--USCIS

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

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 8 U.S.C. 1356(m), (n)
    CFR Citation: 8 CFR 103; 8 CFR 106.
    Legal Deadline: None.
    Abstract: DHS will propose to adjust the fees charged by U.S. 
Citizenship and Immigration Services (USCIS) for

[[Page 5083]]

immigration and naturalization benefit requests. On August 3, 2020, DHS 
adjusted the fees USCIS charges for immigration and naturalization 
benefit requests, imposed new fees, revised certain fee waiver and 
exemption policies, and changed certain application requirements via 
the rule ``USCIS Fee Schedule & Changes to Certain Other Immigration 
Benefit Request Requirements.'' DHS has been preliminarily enjoined 
from implementing that rule by court order. This rule would rescind and 
replace the changes made by the August 3, 2020, rule and establish new 
USCIS fees to recover USCIS operating costs.
    Statement of Need: USCIS projects that its costs of providing 
immigration adjudication and naturalization services will exceed the 
financial resources available to it under its existing fee structure. 
DHS proposes to adjust the USCIS fee structure to ensure that USCIS 
recovers the costs of meeting its operational requirements.
    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.''
    Summary of Legal Basis: INA 286(m) and (n), 8 U.S.C. 1356(m) and 
(n) authorize the Attorney General and Secretary of Homeland Security 
to recover the full cost of providing immigration adjudication and 
naturalization services by establishing and collecting fees deposited 
into the Immigration Examinations Fee Account.
    Anticipated Cost and Benefits: DHS is currently considering the 
specific cost and benefit impacts of the proposed provisions.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations.
    Government Levels Affected: None.
    Agency Contact: Kika M. Scott, Chief Financial Officer, Department 
of Homeland Security, U.S. Citizenship and Immigration Services, 5900 
Capital Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, Phone: 
202 721-3000.
    RIN: 1615-AC68

DHS--USCIS

81. Bars to Asylum Eligibility and Procedures

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: Homeland Security Act of 2002, Pub. L. 107-296, 
116 Stat. 2135, sec. 1102, as amended; 8 U.S.C. 1103(a)(1); 8 U.S.C. 
1103(a)(3); 8 U.S.C. 1103(g); 8 U.S.C. 1225(b); 8 U.S.C. 1231(b)(3) and 
1231 (note); 8 U.S.C. 1158
    CFR Citation: 8 CFR 208; 8 CFR 235; 8 CFR 1003; 8 CFR 1208; 8 CFR 
1235.
    Legal Deadline: None.
    Abstract: In 2020, the Department of Homeland Security and 
Department of Justice (collectively, the Departments) published final 
rules amending their respective regulations governing bars to asylum 
eligibility and procedures, including the Procedures for Asylum and 
Bars to Asylum Eligibility, (RINs 1125-AA87 and 1615-AC41), 85 FR 67202 
(Oct. 21, 2020), Asylum Eligibility and Procedural Modifications, (RINs 
1125-AA91 and 1615-AC44), 85 FR 82260 (Dec. 17, 2020) and Security Bars 
and Processing, (RINs 1125-AB08 and 1615-AC57), 85 FR 84160, (Dec. 23, 
2020) final rules. The Departments propose to modify or rescind the 
regulatory changes promulgated in these three final rules consistent 
with Executive Order 14010 (Feb. 2, 2021).
    Statement of Need: The Departments are reviewing these regulations 
in light of the issuance of Executive Order 14010 and Executive Order 
14012. This rule is needed to restore and strengthen the asylum system 
and to address inconsistencies with the goals and principles outlined 
in the Executive Order 14010 and Executive Order 14012.
    Anticipated Cost and Benefits: DHS is currently considering the 
specific cost and benefit impacts of the proposed provisions.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Agency Contact: Andria Strano, Chief, Humanitarian Affairs 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, Office of Policy and Strategy, 5900 Capital 
Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, Phone: 240 
721-3000.
    Related RIN: Related to 1125-AA87, Split from 1615-AC41, Related to 
1125-AA91, Related to 1615-AC44, Related to 1125-AB08, Related to 1615-
AC57.
    RIN: 1615-AC69

DHS--USCIS

82. Inadmissibility on Public Charge Grounds

    Priority: Other Significant.
    Legal Authority: 6 U.S.C. 101 et seq.; 8 U.S.C. 1101 et seq.
    CFR Citation: 8 CFR 212; 8 CFR 245; . . .
    Legal Deadline: None.
    Abstract: Section 4 of Executive Order 14012 of February 2, 2021 
(86 FR 8277) directed DHS and other federal agencies to immediately 
review agency actions related to the public charge grounds of 
inadmissibility and deportability for noncitizens at sections 212(a)(4) 
and 237(a)(5) of the Immigration and Nationality Act (INA) (8 U.S.C. 
1182(a)(4), 1227(a)(5)).
    DHS intends to proceed with rulemaking to define the term public 
charge and identify considerations relevant to the public charge 
inadmissibility determination. DHS will conduct the rulemaking 
consistent with section 212(a)(4) of the INA and consistent with the 
principles described in Executive Order 14012. Such principles include 
recognizing our character as a Nation of opportunity and of welcome and 
of providing due consideration to the confusion, fear, and negative 
public health consequences that may result from public charge policies.
    Consistent with section 6 of Executive Order 12866 (58 FR 51735) 
and section 2 of Executive Order 13563 (76 FR 3821), and in 
consideration of the significant public interest in this rulemaking 
proceeding, DHS published an advance notice of proposed rulemaking and 
notice of virtual public listening sessions on August 23, 2021. There 
is a 60-day public comment period and the listening sessions are 
scheduled for September 14 and October 5, 2021.
    Statement of Need: DHS published an advance notice of proposed 
rulemaking seeking broad public feedback on the public charge ground of 
inadmissibility to inform DHS's development of a future regulatory 
proposal. DHS intends to use this feedback to develop a proposed rule 
that will be fully consistent with law; that will reflect empirical 
evidence to the extent relevant and available; that will be clear, 
fair, and comprehensible for officers as well as for noncitizens

[[Page 5084]]

and their families; that will lead to fair and consistent adjudications 
and thus avoid unequal treatment of the similarly situated; and that 
will not otherwise unduly impose barriers on noncitizens seeking 
admission to or adjustment of status in the United States. DHS also 
intends to ensure that its regulatory proposal does not cause undue 
fear among immigrant communities or present other obstacles to 
immigrants and their families accessing public services available to 
them, particularly in light of the COVID-19 pandemic and the resulting 
long-term public health and economic impacts in the United States.
    Anticipated Cost and Benefits: DHS is currently considering the 
specific cost and benefit impacts of the proposed provisions.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   08/23/21  86 FR 47025
ANPRM Comment Period End............   10/22/21  .......................
NPRM................................   03/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    URL For More Information: https://www.regulations.gov.
    URL For Public Comments: https://www.regulations.gov.
    Agency Contact: Mark Phillips, Residence and Naturalization 
Division Chief, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, Office of Policy and Strategy, 5900 Capital 
Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, Phone: 240 
721-3000.
    RIN: 1615-AC74

DHS--USCIS

Final Rule Stage

83. Procedures for Credible Fear Screening and Consideration of Asylum, 
Withholding of Removal and Cat Protection Claims by Asylum Officers

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: INA sec. 103(a)(1); INA sec. 103(a)(3); 8 U.S.C. 
1103(a)(1); 8 U.S.C. 1103(a)(3); INA sec. 235(b)(1)(B); 8 U.S.C. 
1225(b)(1)(B); The Refugee Act of 1980 (``Refugee Act'') (Pub. L. 96-
212, 94 Stat. 102)
    CFR Citation: 8 CFR 208; 8 CFR 235; 8 CFR 1003; 8 CFR 1208; 8 CFR 
1235.
    Legal Deadline: None.
    Abstract: On August 20, 2021 the Department of Justice (DOJ) and 
the Department of Homeland Security (DHS) (collectively, the 
Departments) published a Notice of Proposed Rulemaking (NPRM) to amend 
the regulations governing the determination of certain protection 
claims raised by individuals subject to expedited removal and found to 
have a credible fear of persecution or torture. Under the proposed 
rule, such individuals would have their claims for asylum, withholding 
of removal under section 241(b)(3) of the Immigration and Nationality 
Act (INA or the Act) (statutory withholding of removal), or protection 
under the regulations issued pursuant to the legislation implementing 
U.S. obligations under Article 3 of the Convention Against Torture and 
Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 
initially adjudicated by an asylum officer within U.S. Citizenship and 
Immigration Services (USCIS). Such individuals who are denied 
protection would be able to seek prompt, de novo review with an 
immigration judge (IJ) in the DOJ Executive Office for Immigration 
Review (EOIR), with appeal available to the Board of Immigration 
Appeals (BIA). These changes are intended to improve the Departments' 
ability to consider the asylum claims of individuals encountered at or 
near the border more promptly while ensuring fundamental fairness.
    In conjunction with the above changes, the Departments are 
proposing to return the regulatory framework governing the credible 
fear screening process so as to once more apply the longstanding 
``significant possibility'' screening standard to all protection 
claims, but not apply the mandatory bars to asylum and withholding of 
removal (with limited exception) at this initial screening stage. The 
Departments also propose that, if an asylum officer makes a positive 
credible fear determination, the documentation the USCIS asylum officer 
creates from the individual's sworn testimony during the credible fear 
screening process would serve as an initial asylum application, thereby 
improving efficiency in the asylum adjudication system. Lastly, the 
Departments are proposing to allow, when detention is unavailable or 
impracticable, for the consideration of parole prior to a positive 
credible fear determination of an individual placed into expedited 
removal who makes a fear claim. The Departments are reviewing the 
public comments received and plan to issue a final rule.
    Statement of Need: There is wide agreement that the system for 
dealing with asylum and related protection claims at the southwest 
border has long been overwhelmed and in desperate need of repair. As 
the number of such claims has skyrocketed over the years, the system 
has proven unable to keep pace, resulting in large backlogs and lengthy 
adjudication delays. A system that takes years to reach a result delays 
justice and certainty for those who need protection, and it encourages 
abuse by those who will not qualify for protection and smugglers who 
exploit the delay for profit. The aim of this rule is to begin 
replacing the current system, within the confines of the law, with a 
better and more efficient one that will adjudicate protection claims 
fairly and expeditiously.
    Anticipated Cost and Benefits: DHS estimated the resource cost 
needed to implement and operationalize the rule along a range of 
possible future credible fear volumes. The average annualized costs 
could range from $179.5 million to $995.8 million at a 7 percent 
discount rate. At a 7 percent discount factor, the total ten-year costs 
could range from $1.3 billion to $7.0 billion, with a midrange of $3.2 
billion.
    There could also be cost-savings related to Forms I-589 and I-765 
filing volume changes. In addition, some asylum applicants may realize 
potential early labor earnings, which could constitute a transfer from 
workers in the U.S. labor force to certain asylum applicants, as well 
as tax impacts. Qualitative benefits include, but may not be limited 
to: (i) Beneficiaries of new parole standards may not have to wait 
lengthy times for a decision on whether their asylum claims will 
receive further consideration; (ii) some individuals could benefit from 
de novo review by an IJ of the asylum officer's denial of their asylum; 
(iii) DOJ-EOIR may focus efforts on other priority work and reduce its 
substantial current backlog; (iv) as some applicants may be able to 
earn income earlier than they otherwise could currently, burdens to the 
support network of the applicant may be lessened.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/20/21  86 FR 46906
NPRM Correction.....................   10/18/21  86 FR 57611
NPRM Comment Period End.............   10/19/21
Final Action........................   03/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    International Impacts: This regulatory action will be likely to 
have

[[Page 5085]]

international trade and investment effects, or otherwise be of 
international interest.
    URL For More Information: https://www.regulations.gov.
    URL For Public Comments: https://www.regulations.gov.
    Agency Contact: Andria Strano, Chief, Humanitarian Affairs 
Division, Department of Homeland Security, U.S. Citizenship and 
Immigration Services, Office of Policy and Strategy, 5900 Capital 
Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, Phone: 240 
721-3000.
    Related RIN: Related to 1125-AB20.
    RIN: 1615-AC67

DHS--U.S. COAST GUARD (USCG)

Prerule Stage

84.  Electronic Chart and Navigation Equipment Carriage 
Requirements

    Priority: Other Significant.
    Legal Authority: 46 U.S.C. 3105
    CFR Citation: 33 CFR 164 ; 46 CFR 25 and 26 ; 46 CFR 28; 46 CFR 32; 
46 CFR 35; 46 CFR 77 and 78; 46 CFR 96 and 97; 46 CFR 108 and 109; 46 
CFR 121; 46 CFR 130; 46 CFR 140; 46 CFR 167; 46 CFR 169; 46 CFR 184; 46 
CFR 195 and 196.
    Legal Deadline: None.
    Abstract: The Coast Guard seeks comments regarding the modification 
of the chart and navigational equipment requirements in titles 33 and 
46 of the Code of Federal Regulations. This advance notice of proposed 
rulemaking (ANPRM) outlines the Coast Guard's broad strategy to revise 
the chart and navigational equipment requirements for all commercial 
U.S.-flagged vessels and foreign-flagged vessels operating in the 
waters of the United States to fulfill the electronic chart use 
requirements as required by statute. This ANPRM is necessary to obtain 
additional information from the public before issuing a notice of 
proposed rulemaking. It will allow us to verify the extent of the 
requirements for the rule, such as how widely electronic charts are 
used, who is using them, the appropriate equipment requirements for 
different vessel classes, and where they operate, allowing us to tailor 
electronic charts requirements to vessel class and location.
    Statement of Need: In this ANPRM, we are seeking information on how 
widely electronic charts are used, which types of vessels are using 
them, and where the vessels operate, as well as views on the 
appropriate equipment requirements for different vessel classes. 
Issuing this ANPRM to obtain information from the public before 
drafting a proposed rule should enable us to issue a proposed rule that 
better tailors electronic charts requirements to vessel class and 
location.
    Alternatives: The Coast Guard will use the information solicited 
from the ANPRM to shape regulatory language and alternatives.
    Anticipated Cost and Benefits: The Coast Guard will use the ANPRM 
to solicit public input to help develop estimates of the costs and 
benefits of any proposed regulation.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   04/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Additional Information: Docket number USCG-2021-0291.
    Agency Contact: John Stone, Program Manager, Department of Homeland 
Security, U.S. Coast Guard, Office of Navigation Systems (CG-NAV), 2703 
Martin Luther King Jr. Avenue SE, STOP 7418, Washington, DC 20593-7418, 
Phone: 202 372-1093, Email: [email protected].
    RIN: 1625-AC74

DHS--USCG

Proposed Rule Stage

85. Shipping Safety Fairways Along the Atlantic Coast

    Priority: Other Significant.
    Legal Authority: 46 U.S.C. 70003
    CFR Citation: 33 CFR 166.
    Legal Deadline: None.
    Abstract: The Coast Guard seeks comments regarding the possible 
establishment of shipping safety fairways (fairways) along the Atlantic 
Coast of the United States. Fairways are marked routes for vessel 
traffic in which any obstructions are prohibited. The proposed fairways 
are based on two studies about vessel traffic along the Atlantic Coast. 
The Coast Guard is coordinating this action with the Bureau of Offshore 
Energy Management (BOEM) to minimize the impact on potential offshore 
energy leases.
    Statement of Need: This rulemaking would establish shipping safety 
fairways along the Atlantic coast of the United States to facilitate 
the direct and unobstructed transits of ships. The establishment of 
fairways would ensure that obstruction-free routes are preserved to and 
from U.S. ports and along the Atlantic coast. This will reduce the risk 
of collision, allision and grounding, as well as alleviate the chance 
of increased time and expenses in transit.
    Summary of Legal Basis: Section 70003 of title 46 United States 
Code (46 U.S.C. 70003) directs the Secretary of the department in which 
the Coast Guard resides to designate necessary fairways that provide 
safe access routes for vessels proceeding to and from U.S. ports.
    Alternatives: The ANPRM outlined the Coast Guard's plans for 
fairways along the Atlantic Coast and requested information and data 
associated with the regulatory concepts. The Coast Guard will use this 
information and data to shape regulatory language and alternatives and 
assess the associated impacts in the NPRM.
    Anticipated Cost and Benefits: The fairways are intended to 
preserve traditional vessel navigation routes and are not mandatory. 
The Coast Guard anticipates the proposed fairways to improve 
navigational safety.
    Risks: The Bureau of Ocean Energy Management (BOEM) is leasing 
offshore areas that could affect customary shipping routes. Expeditious 
pursuit of this rulemaking is intended to prevent conflict between 
customary shipping routes and areas that may be leased by BOEM.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   06/19/20  85 FR 37034
ANPRM Comment Period End............   08/18/20
NPRM................................   06/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Additional Information: Docket number USCG-2019-0279.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: John Stone, Program Manager, Department of Homeland 
Security, U.S. Coast Guard, Office of Navigation Systems (CG-NAV), 2703 
Martin Luther King Jr. Avenue SE, STOP 7418, Washington, DC 20593-7418, 
Phone: 202 372-1093, Email: [email protected].
    RIN: 1625-AC57


[[Page 5086]]



DHS--USCG

86.  Marpol Annex VI; Prevention of Air Pollution From Ships

    Priority: Other Significant.
    Legal Authority: 33 U.S.C. 1903
    CFR Citation: 33 CFR 151.
    Legal Deadline: None.
    Abstract: The Coast Guard is proposing regulations to carry out the 
provisions of Annex VI of the MARPOL Protocol, which is focused on the 
prevention of air pollution from ships. The Act to Prevent Pollution 
from Ships has already given direct effect to most provisions of Annex 
VI, and the Coast Guard and the Environmental Protection Agency have 
carried out some Annex VI provisions through previous rulemakings. This 
proposed rulemaking would fill gaps in the existing framework for 
carrying out the provisions of Annex VI. Chapter 4 of Annex VI contains 
shipboard energy efficiency measures that include short-term measures 
reducing carbon emissions linked to climate change and supports 
Administration goals outlined in Executive Order 14008 titled Tackling 
the Climate Crisis at Home and Abroad. This proposed rulemaking would 
apply to U.S.-flagged ships. It would also apply to foreign-flagged 
ships operating either in U.S. navigable waters or in the U.S. 
Exclusive Economic Zone.
    Statement of Need: The Coast Guard is proposing regulations to 
carry out the provisions of Annex VI of the MARPOL Protocol, which is 
focused on the prevention of air pollution from ships. The Act to 
Prevent Pollution from Ships has already given direct effect to most 
provisions of Annex VI, and the Coast Guard and the Environmental 
Protection Agency have carried out some Annex VI provisions through 
previous rulemakings. This proposed rule would fill gaps in the 
existing framework for carrying out the provisions of Annex VI and 
explain how the United States has chosen to carry out certain 
discretionary aspects of Annex VI. This proposed rule would apply to 
U.S.-flagged ships. And it would also apply to foreign-flagged ships 
operating in U.S. navigable waters or in the U.S. Exclusive Economic 
Zone.
    Summary of Legal Basis: Section 4 of the Act to Prevent Pollution 
from Ships (Pub. L. 96-478, Oct. 21, 1980, 94 Stat 2297), as reflected 
in 33 U.S.C. 1903, directs the Secretary of Homeland Security to 
prescribe any necessary or desired regulations to carry out the 
provisions of the MARPOL Protocol. The ``MARPOL Protocol'' is defined 
in 33 U.S.C. 1901 and includes Annex VI of the International Convention 
for the Prevention of Pollution from Ships, 1973.
    Alternatives:
    Alternative 1--No Action. USCG considered taking no action, but 33 
U.S.C. 1903 (c)(1) directs the DHS Secretary to prescribe any 
regulations necessary to implement Annex VI. We have determined that it 
is necessary for the Coast Guard to issue regulations to implement 
Annex VI. Therefore, if we take no action, the Coast Guard having been 
delegated this rulemaking authority from the DHS Secretary would not 
fulfill its mandate from Congress to implement Annex VI.
    Alternative 2--USCG considered not pursuing a rulemaking and 
allowing the Annex VI International Air Pollution Prevention (IAPP) 
certificate provision (Regulation 6) to be a mechanism to ensure 
compliance with Annex VI. We did not follow this alternative because 
not all ships subject to Annex VI would be required to obtain an IAPP 
certificate.
    Alternative 3--USCG considered issuing only regulations that were 
required to explain how the United States planned to exercise its 
discretion under Annex VI, but we determined that additional 
regulations were necessary to clarify how we would be implementing 
Annex VI. The intent of these clarifying regulations (e.g., how will a 
vessel that does not have a GT ITC measurement know if it will be 
subject to surveys under Regulation 5.1) is not to impose any 
additional burden--for it is APPS that requires compliance with Annex 
VI, but to make implementation of Annex VI more effective, efficient, 
and transparent.
    Anticipated Cost and Benefits: USCG anticipates the costs for the 
proposed rule to come primarily from additional labor for 5 
requirements including overseeing surveys; developing and maintaining a 
fuel-switching procedure; recording various data during each fuel 
switching; developing and managing a Volatile organic compounds (VOC) 
management plan; crew member to calculate and report the attained 
Energy Efficient Design Index (EEDI) of the vessel, and crew member to 
develop and maintain the Ship Energy Efficiency Management Plan 
(SEEMP). USCG estimates that the requirement will total approximately 
$2 million over a ten year period.
    USCG expects the proposed rule to have unquantified benefits from 
reduction in fatalities and injuries due to pollutant in engine 
emissions, and also reduced risk of retaliation due to breaching 
international agreement.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Federalism: Undetermined.
    Agency Contact: Frank Strom, Chief, Systems Engineering Division 
(CG-ENG-3), Department of Homeland Security, U.S. Coast Guard, Office 
of Design and Engineering Standards, 2703 Martin Luther King Jr. Avenue 
SE, Washington, DC 20593, Phone: 202 372-1375, Email: 
[email protected].
    RIN: 1625-AC78

DHS--U.S. CUSTOMS AND BORDER PROTECTION (USCBP)

Proposed Rule Stage

87. Advance Passenger Information System: Electronic Validation of 
Travel Documents

    Priority: Other Significant.
    Legal Authority: 49 U.S.C. 44909; 8 U.S.C. 1221
    CFR Citation: 19 CFR 122.
    Legal Deadline: None.
    Abstract: U.S. Customs and Border Protection (CBP) regulations 
require commercial air carriers to electronically transmit passenger 
information to CBP's Advance Passenger Information System (APIS) prior 
to an aircraft's arrival in or departure from the United States. CBP 
proposes to amend these regulations to incorporate additional carrier 
requirements that will enable CBP to validate each passenger's travel 
documents prior to the passenger boarding the aircraft. This proposed 
rule would also require air carriers to transmit additional data 
elements through APIS for all commercial aircraft passengers arriving 
in the United States in order to support border operations and national 
security. The collection of additional data elements will support the 
efforts of the Centers for Disease Control, within the Department of 
Health and Human Services, to monitor and contract-trace health 
incidents.
    Statement of Need: Current regulations require U.S. citizens and 
foreign travelers entering and leaving the United States via air travel 
to submit travel documents containing biographical information, such as 
a passenger's name and date of birth. For security purposes, CBP 
compares the information on passengers' documents to various databases 
and the terrorist watch list through APIS and recommends that air 
carriers deny boarding to those deemed inadmissible.

[[Page 5087]]

To further improve CBP's vetting processes with respect to identifying 
and preventing passengers with fraudulent or improper documents from 
traveling or leaving the United States, CBP proposes to require 
carriers to receive from CBP a message that would state whether CBP 
matched the travel documents of each passenger to a valid, authentic 
travel document prior to departure to the United States from a foreign 
port or place or departure from the United States. The proposed rule 
also would require carriers to submit passenger contact information 
while in the United States to CBP through APIS. Submission of such 
information would enable CBP to identify and interdict individuals 
posing a risk to border, national, and aviation safety and security 
more quickly. Collecting these additional data elements would also 
enable CBP to further assist CDC to monitor and trace the contacts of 
those involved in serious public health incidents upon CDC request. 
Additionally, the proposed rule would allow carriers to include the 
aircraft tail number in their electronic messages to CBP and make 
technical changes to conform with current practice.
    Anticipated Cost and Benefits: The proposed rule would result in 
additional opportunity costs of time to CBP, air carriers, and 
passengers for coordination required to resolve a passenger's status 
should there be a security issue. In addition, CBP has incurred costs 
for technological improvements to its systems. CBP, air carriers, and 
passengers would benefit from reduced passenger processing times during 
customs screening. Unquantified benefits would result from greater 
efficiency in passenger processing pre-flight, improved national 
security, and fewer penalties for air carriers following entry denial 
of a passenger.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Agency Contact: Robert Neumann, Program Manager, Office of Field 
Operations, Department of Homeland Security, U.S. Customs and Border 
Protection, 1300 Pennsylvania Avenue NW, Washington, DC 20229, Phone: 
202 412-2788, Email: [email protected].
    RIN: 1651-AB43

DHS--USCBP

Final Rule Stage

88. Automation of CBP Form I-418 for Vessels

    Priority: Other Significant.
    Legal Authority: 5 U.S.C. 301; 8 U.S.C. 1101 and 1103; 8 U.S.C. 
1182; 8 U.S.C. 1221; 8 U.S.C. 1281 and 1282; 19 U.S.C. 66; 19 U.S.C. 
1431; 19 U.S.C. 1433; 19 U.S.C. 1434; 19 U.S.C. 1624; 19 U.S.C. 2071 
note; 46 U.S.C. 501; 46 U.S.C. 60105
    CFR Citation: 8 CFR 251.1; 8 CFR 251.3; 8 CFR 251.5; 8 CFR 258.2; 
19 CFR 4.7 and 4.7a; 19 CFR 4.50; 19 CFR 4.81; 19 CFR 4.85; 19 CFR 
4.91.
    Legal Deadline: None.
    Abstract: This rule amends the Department of Homeland Security's 
regulations regarding the submission of U.S. Customs and Border 
Protection Form I-418, Passenger List--Crew List (Form I-418). 
Currently, the master or agent of every commercial vessel arriving in 
the United States, with limited exceptions, must submit a paper Form I-
418, along with certain information regarding longshore work, to CBP at 
the port where immigration inspection is performed. Most commercial 
vessel operators are also required to submit a paper Form I-418 to CBP 
at the final U.S. port prior to departing for a foreign port. Under 
this rule, most vessel operators would be required to electronically 
submit the data elements on Form I-418 to CBP through the National 
Vessel Movement Center in lieu of submitting a paper form. This rule 
would eliminate the need to file the paper Form I-418 in most cases. 
This will result in an opportunity cost savings for vessel operators as 
well as a reduction in their printing and storage costs. CBP no longer 
needs this information as it is receiving it from the Coast Guard.
    Statement of Need: Currently, the master or agent of every 
commercial vessel arriving in the United States, with limited 
exceptions, must submit Form I-418, along with certain information 
regarding longshore work, in paper form to CBP at the port where 
immigration inspection is performed. Most commercial vessel operators 
are also required to submit a paper Form I-418 to CBP at the final U.S. 
port prior to departing for a foreign place. Alternative, most vessel 
operators are required to electronically submit the same information to 
the U.S. Coast Guard (USCG) prior to arrival into a U.S. port. Under 
this rule, vessel operators will be required to electronically submit 
the data elements on Form I-418 to CBP through an electronic data 
interchange system (EDI) approved by CBP in lieu of submitting a paper 
form. This rule will streamline vessel arrival and departure processes 
by providing for the electronic submission of the information collected 
on the Form I-418, eliminating redundant data submissions, simplifying 
vessel inspections, and automating recordkeeping.
    Anticipated Cost and Benefits: This rule will automate the Form I-
418 process for all commercial vessel operators and eliminate the 
regulatory guidelines in place regarding the submission and retention 
of paper Form I-418s. These changes will generally not introduce new 
costs to commercial vessel operators, but they will introduce some 
costs to CBP. If vessel operators request a copy of their stamped and 
annotated electronic Form I-418, which they receive by paper now for 
CBP processing, they will incur negligible costs to do so. CBP will 
incur technology and printing costs from the Form I-418 Automation 
regulatory program, including costs to maintain mobile devices for 
real-time, electronic processing, and to print the paper Form I-418 
until the admissibility inspection process is completely paperless.
    However, this rule will provide considerable benefits and cost 
savings to both vessel operators and CBP. Following this rule's 
implementation, vessel operators will enjoy cost savings from forgone 
paper Form I-418 submissions and form printing. CBP will experience a 
cost savings from the rule's avoided printing, streamlined mobile post-
inspection processing and electronic recordkeeping. In turn, CBP may 
dedicate these cost savings to other agency mission areas, such as 
improving border security or facilitating trade.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   12/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Agency Contact: Brian Sale, Branch Chief, Manifest & Conveyance 
Security Division, Cargo & Conveyance, Office of Field Operation, 
Department of Homeland Security, U.S. Customs and Border Protection, 
1300 Pennsylvania Avenue NW, Washington, DC 20229, Phone: 202 325-3338, 
Email: [email protected]; [email protected].
    RIN: 1651-AB18


[[Page 5088]]



DHS--TRANSPORTATION SECURITY ADMINISTRATION (TSA)

Proposed Rule Stage

89. Vetting of Certain Surface Transportation Employees

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 49 U.S.C. 114; Pub. L. 110-53, secs. 1411, 1414, 
1512, 1520, 1522, and 1531
    CFR Citation: Not Yet Determined.
    Legal Deadline: Other, Statutory, August 3, 2008, Background and 
immigration status check for all public transportation frontline 
employees is due no later than 12 months after date of enactment.
    Sections 1411 and 1520 of Public Law 110-53, Implementing 
Recommendations of the 9/11 Commission Act of 2007 (9/11 Act), (121 
Stat. 266, Aug. 3, 2007), require background checks of frontline public 
transportation and railroad employees not later than one year from the 
date of enactment. Requirement will be met through regulatory action.
    Abstract: The 9/11 Act requires vetting of certain railroad, public 
transportation, and over-the-road bus employees. Through this 
rulemaking, the Transportation Security Administration (TSA) intends to 
propose the standards and procedures to conduct the required vetting. 
This regulation is related to 1652-AA55, Security Training for Surface 
Transportation Employees.
    Statement of Need: Employee vetting is an important and effective 
tool for averting or mitigating potential attacks by those with 
malicious intent who may target surface transportation and plan or 
perpetrate actions that may cause significant injuries, loss of life, 
or economic disruption.
    Anticipated Cost and Benefits: TSA is in the process of determining 
the costs and benefits of this rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Victor Parker, Transportation Security Specialist, 
Department of Homeland Security, Transportation Security 
Administration, Policy, Plans and Engagement, 6595 Springfield Center 
Drive, Springfield, VA 20598-6028, Phone: 571 227-3664, Email: 
[email protected].
    Alex Moscoso, Chief Economist, Economic Analysis Branch-
Coordination & Analysis Division, Department of Homeland Security, 
Transportation Security Administration, Policy, Plans, and Engagement, 
6595 Springfield Center Drive, Springfield, VA 20598-6028, Phone: 571 
227-5839, Email: [email protected].
    Christine Beyer, Senior Counsel, Regulations and Security 
Standards, Department of Homeland Security, Transportation Security 
Administration, Chief Counsel's Office, 6595 Springfield Center Drive, 
Springfield, VA 20598-6002, Phone: 571 227-3653, Email: 
[email protected].
    Related RIN: Related to 1652-AA55, Related to 1652-AA56.
    RIN: 1652-AA69

DHS--TSA

90. Indirect Air Carrier Security

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: 49 U.S.C. 114; 49 U.S.C. 5103; 49 U.S.C. 40113; 49 
U.S.C. 44901 to 44905; 49 U.S.C. 4491 to 44914; 49 U.S.C. 44916 to 
44917; 49 U.S.C. 44932; 49 U.S.C. 449354 to 44936; 49 U.S.C. 46105; . . 
.
    CFR Citation: 49 CFR 1548.
    Legal Deadline: None.
    Abstract: The Transportation Security Administration (TSA) is 
reducing the frequency of renewal applications for indirect air 
carriers (IACs). Currently, these entities must submit an application 
to renew their security program each year. Following a review of TSA's 
regulatory requirements seeking to reduce the cost of compliance, TSA 
determined that the duration of the security program for these entities 
can be increased from one year to three years without having a negative 
impact on transportation security.
    Statement of Need: Consistent with Executive Order 12866 and OMB 
Circular A-4, TSA identified portions of air cargo regulations that may 
be tailored to impose a lesser burden on society and that may improve 
government processes. Under 49 CFR 1548 indirect air carriers are 
required to renew their security programs each year. TSA's robust 
inspection and compliance requirements make the annual renewal 
requirement unnecessary.
    Anticipated Cost and Benefits: TSA is in the process of determining 
the costs and benefits of this rulemaking. Cost savings are expected to 
arise from time saved due to a less frequent security program renewal 
cycle.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   09/16/09  74 FR 47705
NPRM................................   05/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Ronoy Varghese, Section Chief, Department of 
Homeland Security, Transportation Security Administration, 6595 
Springfield Center Drive, Springfield, VA 20598-6028, Phone: 571 227-
2230, Email: [email protected].
    Related RIN: Related to 1652-AA23.
    RIN: 1652-AA72

DHS--TSA

Final Rule Stage

91. Flight Training Security

    Priority: Other Significant.
    Legal Authority: 6 U.S.C. 469(b); 49 U.S.C. 114; 49 U.S.C. 44939; 
49 U.S.C. 46105
    CFR Citation: 49 CFR 1552.
    Legal Deadline: Final, Statutory, February 10, 2004, sec. 612(a) of 
Vision 100 requires the Transportation Security Administration (TSA) to 
issue an interim final rule within 60 days of enactment of Vision 100.
    Requires the TSA to establish a process to implement the 
requirements of section 612(a) of Vision 100-Century of Aviation 
Reauthorization Act (Pub. L. 108-176, 117 Stat. 2490, Dec. 12, 2003), 
including the fee provisions, not later than 60 days after the 
enactment of the Act.
    Abstract: An Interim Final Rule (IFR) published and effective on 
September 20, 2004, created a new part 1552, Flight Schools, in title 
49 of the Code of Federal Regulations (CFR). This IFR applies to flight 
schools and to individuals who apply for or receive flight training. 
Flight schools are required to notify TSA when noncitizens, and other 
individuals designated by TSA, apply for flight training or recurrent 
training. TSA subsequently issued exemptions and interpretations in 
response to comments on the IFR, questions raised during operation of 
the program since 2004, and a notice extending the comment

[[Page 5089]]

period on May 18, 2018. Based on the comments and questions received, 
TSA is finalizing the rule with modifications, and considering 
modifications that would change the frequency of security threat 
assessments from a high-frequency event-based interval to a time-based 
interval, clarify the definitions and other provisions of the rule, and 
enable industry to use TSA-provided electronic recordkeeping systems 
for all documents required to demonstrate compliance with the rule.
    Statement of Need: In the years since TSA published the IFR, 
members of the aviation industry, the public, and Federal oversight 
organizations have identified areas where the Flight Training Security 
Program (formerly the Alien Flight Student Program) could be improved. 
TSA's internal procedures and processes for vetting applicants also 
have improved and advanced. Publishing a final rule that addresses 
external recommendations and aligns with modern TSA vetting practices 
would streamline the Flight Training Security Program application, 
vetting, and recordkeeping process for all parties involved.
    Anticipated Cost and Benefits: TSA is considering revising the 
requirements of the Flight Training Security Program to reduce costs 
and industry burden. One action TSA is considering is an electronic 
recordkeeping platform where all flight providers would upload certain 
information to a TSA-managed website. Also at industry's request, TSA 
is considering changing the interval for a security threat assessment 
of each noncitizen flight student, eliminating the requirement for a 
security threat assessment for each separate training event. This 
change would result in an annual savings, although there may be 
additional start-up and record retention costs for the agency as a 
result of these revisions. The benefits of these actions would be 
immediate cost savings to flight schools and noncitizen students 
without compromising the security profile.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule; Request for        09/20/04  69 FR 56324
 Comments.
Interim Final Rule Effective........   09/20/04  .......................
Interim Final Rule; Comment Period     10/20/04  .......................
 End.
Notice-Information Collection; 60-     11/26/04  69 FR 68952
 Day Renewal.
Notice-Information Collection; 30-     03/30/05  70 FR 16298
 Day Renewal.
Notice-Information Collection; 60-     06/06/08  73 FR 32346
 Day Renewal.
Notice-Information Collection; 30-     08/13/08  73 FR 47203
 Day Renewal.
Notice-Alien Flight Student Program    04/13/09  74 FR 16880
 Recurrent Training Fees.
Notice-Information Collection; 60-     09/21/11  76 FR 58531
 Day Renewal.
Notice-Information Collection; 30-     01/31/12  77 FR 4822
 Day Renewal.
Notice-Information Collection; 60-     03/10/15  80 FR 12647
 Day Renewal.
Notice-Information Collection; 30-     06/18/15  80 FR 34927
 Day Renewal.
IFR; Comment Period Reopened........   05/18/18  83 FR 23238
IFR; Comment Period Reopened End....   06/18/18  .......................
Notice-Information Collection; 60-     07/06/18  83 FR 31561
 Day Renewal.
Notice-Information Collection; 30-     10/31/18  83 FR 54761
 Day Renewal.
Final Rule..........................   09/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Johannes Knudsen, Program Manager, Alien Flight 
Student Program, Department of Homeland Security, Transportation 
Security Administration, Intelligence and Analysis, 6595 Springfield 
Center Drive, Springfield, VA 20598-6010, Phone: 571 227-2188, Email: 
[email protected].
    Alex Moscoso, Chief Economist, Economic Analysis Branch--
Coordination & Analysis Division, Department of Homeland Security, 
Transportation Security Administration, Policy, Plans, and Engagement, 
6595 Springfield Center Drive, Springfield, VA 20598-6028, Phone: 571 
227-5839, Email: [email protected].
    David Ross, Attorney-Advisor, Regulations and Security Standards, 
Department of Homeland Security, Transportation Security 
Administration, Chief Counsel's Office, 6595 Springfield Center Drive, 
Springfield, VA 20598-6002, Phone: 571 227-2465, Email: 
[email protected].
    Related RIN: Related to 1652-AA61.
    RIN: 1652-AA35

DHS--TSA

Long-Term Actions

92.  Surface Transportation Cybersecurity Measures

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 49 U.S.C. 114
    CFR Citation: 49 CFR 1570.
    Legal Deadline: None.
    Abstract: On July 28, 2021, the President issued the National 
Security Memorandum on Improving Cybersecurity for Critical 
Infrastructure Control Systems. Consistent with this priority of the 
Administration and in response to the ongoing cybersecurity threat to 
pipeline systems, TSA used its authority under 49 U.S.C. 114 to issue 
security directives to owners and operators of TSA-designated critical 
pipelines that transport hazardous liquids and natural gas to implement 
a number of urgently needed protections against cyber intrusions. The 
first directive, issued in May 2021, requires critical owner/operators 
to (1) Report confirmed and potential cybersecurity incidents to the 
Cybersecurity and Infrastructure Agency (CISA); (2) designate a 
Cybersecurity Coordinator to be available 24 hours a day, seven days a 
week; (3) review current cybersecurity practices; and (4) identify any 
gaps and related remediation measures to address cyber-related risks 
and report the results to TSA and CISA within 30 days of issuance of 
the SD. A second security directive issued in July requires these 
owners and operators to (1) Implement specific mitigation measures to 
protect against ransomware attacks and other known threats to 
information technology and operational technology systems; (2) develop 
and implement a cybersecurity contingency and recovery plan; and (3) 
conduct a cybersecurity architecture design review. TSA is committed to 
enhancing and sustaining cybersecurity and intends to issue a 
rulemaking that will codify certain requirements with respect to 
pipeline and certain other surface modes.
    Statement of Need: This rulemaking is necessary to address the 
ongoing cybersecurity threat to U.S. transportation modes.
    Anticipated Cost and Benefits: TSA is in the process of determining 
the costs and benefits of this rulemaking.

[[Page 5090]]

    Timetable:

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

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Scott Gorton, Executive Director, Surface Policy 
Division, Department of Homeland Security, Transportation Security 
Administration, Policy, Plans, and Engagement, 6595 Springfield Center 
Drive, Springfield, VA 20598-6002, Phone: 571 227-1251, Email: [email protected].
    RIN: 1652-AA74

DHS--U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (USICE)

Proposed Rule Stage

93. Fee Adjustment for U.S. Immigration and Customs Enforcement Form I-
246, Application for a Stay of Deportation or Removal

    Priority: Other Significant.
    Legal Authority: 8 U.S.C. 1231; 8 U.S.C. 1356(m); 8 U.S.C. 1356(n)
    CFR Citation: 8 CFR 103.
    Legal Deadline: None.
    Abstract: The Department of Homeland Security, U.S. Immigration and 
Customs Enforcement (ICE) will propose to adjust the fee for ICE Form 
I-246, Application for a Stay of Deportation or Removal. ICE has 
determined that the current fee does not fully recover the costs 
incurred to perform the full range of activities associated with 
determining if a noncitizen ordered deported or removed from the United 
States is eligible to obtain a stay of deportation or removal.
    Statement of Need: ICE has determined that the current fee for Form 
I-246 does not fully recover the costs incurred to perform the full 
range of activities associated with determining if a foreign national 
ordered deported or removed from the United States is eligible to 
obtain a stay of deportation or removal.
    Anticipated Cost and Benefits: ICE is in the process of assessing 
the impacts of this rule. The rule would increase the fee for foreign 
nationals applying for a stay of deportation or removal with the Form 
I-246. The fee adjustment would result in an increase in transfers from 
foreign nationals to ICE.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal.
    Agency Contact: Sharon Hageman, Acting Deputy Assistant Director, 
Department of Homeland Security, U.S. Immigration and Customs 
Enforcement, 500 12th Street SW, Mail Stop 5006, Washington, DC 20536, 
Phone: 202 732-6960,  Email: [email protected].
    RIN: 1653-AA82

DHS--FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

Prerule Stage

94.  RFI National Flood Insurance Program's Floodplain 
Management Standards for Land Management & Use, & an Assessment of the 
Program's Impact on Threatened and Endangered Species & Their Habitats

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 4001 et seq.
    CFR Citation: 44 CFR 59.1; 44 CFR 60.3(d)(3); 44 CFR 64.3(a)(1).
    Legal Deadline: None.
    Abstract: The Federal Emergency Management Agency (FEMA) is issuing 
this Request for Information to receive the public's input on two 
topics. First, FEMA seeks the public's input on revising the National 
Flood Insurance Program's (NFIP) floodplain management standards for 
land management and use regulations to better align with the current 
understanding of flood risk and flood risk reduction approaches. 
Specifically, FEMA is seeking input from the public on the floodplain 
management standards that communities should adopt to result in safer, 
stronger, and more resilient communities. Additionally, FEMA seeks 
input on how the NFIP can better promote protection of and minimize any 
adverse impact to threatened and endangered species, and their 
habitats.
    Statement of Need: FEMA is issuing this Request for Information to 
seek information from the public on the agency's current floodplain 
management standards to ensure the agency receives public input as part 
of the agency's regular review of programs, regulations, and policies, 
and to inform any action to revise the NFIP minimum floodplain 
management standards. FEMA also plans to re-evaluate the implementation 
of the NFIP under the Endangered Species Act at the national level to 
complete a revised Biological Evaluation re-examining how NFIP actions 
influence land development decisions; the potential for such actions to 
have adverse effects on threatened and endangered species and critical 
habitats; and to identify program changes that would prevent jeopardy 
to threatened and endangered species, and/or destruction or adverse 
modification of designated critical habitats, as well as to promote the 
survival and recovery of threatened and endangered species. As a 
result, FEMA also requests input from the public on what measures the 
NFIP can take to further protect and minimize any adverse impacts to 
threatened and endangered species and their habitat.
    Anticipated Cost and Benefits: DHS is currently considering the 
specific cost and benefit impacts of the proposed provisions.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information.............   10/12/21  86 FR 56713
Announcement of Public Meetings.....   10/28/21  86 FR 59745
Announcement of Additional Public      11/22/21  86 FR 66329
 Meeting; Extension of Comment
 Period.
Request for Information Comment        01/27/22  .......................
 Period End.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Additional Information: Docket ID FEMA-2021-0024.
    URL For More Information: https://www.regulations.gov.
    URL For Public Comments: https://www.regulations.gov.
    Agency Contact: Rachel Sears, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency, 400 C Street SW, Washington, DC 20472, Phone: 202 
646-2977, Email: [email protected].
    RIN: 1660-AB11

DHS--FEMA

Proposed Rule Stage

95. National Flood Insurance Program: Standard Flood Insurance Policy, 
Homeowner Flood Form

    Priority: Other Significant. Major under 5 U.S.C. 801.

[[Page 5091]]

    Legal Authority: 42 U.S.C. 4001 et seq.
    CFR Citation: 44 CFR 61.
    Legal Deadline: None.
    Abstract: The National Flood Insurance Program (NFIP), established 
pursuant to the National Flood Insurance Act of 1968, is a voluntary 
program in which participating communities adopt and enforce a set of 
minimum floodplain management requirements to reduce future flood 
damages. This proposed rule would revise the Standard Flood Insurance 
Policy by adding a new Homeowner Flood Form and five accompanying 
endorsements. The new Homeowner Flood Form would replace the Dwelling 
Form as a source of coverage for one-to-four family residences. 
Together, the new Form and endorsements would more closely align with 
property and casualty homeowners' insurance and provide increased 
options and coverage in a more user-friendly and comprehensible format.
    Statement of Need: The National Flood Insurance Act requires FEMA 
to provide by regulation the general terms and conditions of 
insurability applicable to properties eligible for flood insurance 
coverage. 42 U.S.C. 4013(a). To comply with this requirement, FEMA 
adopts the Standard Flood Insurance Policy (SFIP) in regulation, which 
sets out the terms and conditions of insurance. See 44 CFR part 61, 
Appendix A. FEMA must use the SFIP for all flood insurance policies 
sold through the NFIP. See 44 CFR 61.13.
    The SFIP is a single-peril (flood) policy that pays for direct 
physical damage to insured property. There are currently three forms of 
the SFIP: The Dwelling Form, the General Property Form, and the 
Residential Condominium Building Association Policy (RCBAP) Form. The 
Dwelling Form insures a one-to-four family residential building or a 
single-family dwelling unit in a condominium building. See 44 CFR part 
61, Appendix A(1). Policies under the Dwelling Form offer coverage for 
building property, up to $250,000, and personal property up to 
$100,000. The General Property Form ensures a five-or-more family 
residential building or a non-residential building. See 44 CFR part 61, 
Appendix A(2). The General Property Form offers coverage for building 
and contents up to $500,000 each. The RCBAP Form insures residential 
condominium association buildings and offers building coverage up to 
$250,000 multiplied by the number of units and contents coverage up to 
$100,000 per building. See 44 CFR part 61, appendix A(3). RCBAP 
contents coverage insures property owned by the insured condominium 
association. Individual unit owners must purchase their own Dwelling 
Form policy in order to insure their own contents.
    FEMA last substantively revised the SFIP in 2000. See 65 FR 60758 
(Oct. 12, 2000). In 2020, FEMA published a final rule that made non-
substantive clarifying and plain language improvements to the SFIP. See 
85 FR 43946 (July 20, 2020). However, many policyholders, agents, and 
adjusters continue to find the SFIP difficult to read and interpret 
compared to other, more modern, property and casualty insurance 
products found in the private market. Accordingly, FEMA proposes to 
adopt a new Homeowner Flood Form.
    The new Homeowner Flood Form, which FEMA proposes to add to its 
regulations at 44 CFR 61 appendix A(4), would protect property owners 
in a one-to-four family residence. Upon adoption, the Homeowner Flood 
Form would replace the Dwelling Form as a source of coverage for this 
class of residential properties. FEMA would continue to use the 
Dwelling Form to insure landlords, renters, and owners of mobile homes, 
travel trailers, and condominium units. Compared to the current 
Dwelling Form, the new Homeowner Flood Form would clarify coverage and 
more clearly highlight conditions, limitations, and exclusions in 
coverage as well as add and modify coverages and coverage options. FEMA 
also proposes adding to its regulations five endorsements to accompany 
the new Form: Increased Cost of Compliance Coverage, Actual Cash Value 
Loss Settlement, Temporary Housing Expense, Basement Coverage, and 
Builder's Risk. These endorsements, which FEMA proposes to codify at 44 
CFR 61 appendices A(101)-(105), respectively, would give policyholders 
the option of amending the Homeowner Flood Form to modify coverage with 
a commensurate adjustment to premiums charged. Together, the Homeowner 
Flood Form and accompanying endorsements would increase options and 
coverage for owners of one-to-four family residences.
    FEMA intends that this new Form will be more user-friendly and 
comprehensible. As a result, the new Homeowner Flood Form and its 
accompanying endorsements would provide a more personalized, 
customizable product than the NFIP has offered during its 50 years. In 
addition to aligning with property and casualty homeowners' insurance, 
the result would increase consumer choice and simplify coverage.
    Anticipated Cost and Benefits: FEMA estimates that this rulemaking 
would result in an increase in transfer payments from policyholders to 
FEMA and insurance providers in the form of flood insurance premiums, 
and from FEMA to policyholders in the form of claims payments. 
Additionally, this rulemaking would result in benefits to 
policyholders, insurance providers, and FEMA, mostly through cost 
savings due to increased clarity and expanded coverage options. It 
would also help the NFIP better signal risk through premiums, reduce 
the need for Federal assistance, and increase resilience by enhancing 
mitigation efforts. Lastly, one increase in costs for FEMA will be for 
expenditures on implementation and familiarization of the rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Agency Contact: Christine Merk, Lead Management and Program 
Analyst, Department of Homeland Security, Federal Emergency Management 
Agency, Insurance Analytics and Policy Branch, 400 C Street SW, 
Washington, DC 20472, Phone: 202 735-6324, Email: 
[email protected].
    RIN: 1660-AB06

DHS--FEMA

Final Rule Stage

96.  Amendment to the Public Assistance Program's Simplified 
Procedures Large Project Threshold

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 5189
    CFR Citation: 44 CFR 206.203(c)(1); 44 CFR 206.203(c)(2).
    Legal Deadline: Final, Statutory, February 26, 2014, Every 3 years, 
the President, acting through the Administrator, shall review the 
threshold for eligibility under section 422 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act.
    Abstract: The Federal Emergency Management Agency (FEMA) is 
revising its regulations governing the Public Assistance program to 
update the monetary threshold at or below which FEMA will obligate 
funding based on an estimate of project costs, and above which FEMA 
will obligate funding based on actual project costs. This rule will 
ensure FEMA and recipients can more efficiently process unobligated

[[Page 5092]]

Project Worksheets for COVID-19 declarations, which continue to fund 
important pandemic-related work, while avoiding unnecessary confusion 
and administrative burden by not affecting previous project size 
determinations.
    Statement of Need: FEMA's Public Assistance (PA) program provides 
grants to State, local, Tribal, and Territorial governments, as well as 
eligible private nonprofit (PNP) organizations, for debris removal, 
emergency protective measures, and the repair, replacement, or 
restoration of disaster-damaged facilities after a Presidentially-
declared major disaster. FEMA categorizes each grant award as either a 
small or large project, which is determined by a monetary threshold set 
each year by FEMA pursuant to statute. (See section 422 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act, codified at 
42 U.S.C. 5189). FEMA obligates money for a small project based on an 
estimate of the project costs, and FEMA obligates money for a large 
project based on actual project costs as the project progresses and 
cost documentation is provided to FEMA. This expedites FEMA's 
processing of PA grant funding by eliminating much of the 
administrative burden that FEMA experiences when awarding projects at 
or above the threshold (i.e., large projects). Ultimately, this reduces 
FEMA's cost of administering PA funding and allows FEMA to expedite its 
provision of Federal disaster assistance.
    In 2013, the Sandy Recovery Improvement Act amended section 422(b) 
of the Stafford Act and required FEMA to complete an analysis to 
determine whether an increase in the large project threshold was 
appropriate. Following this analysis, in 2014 FEMA updated the maximum 
threshold from $68,500 to $120,000 and continued to adjust the 
threshold annually to reflect changes in the Consumer Price Index, as 
required under section 422(b)(2). Section 422(b)(3) requires FEMA to 
review the threshold every three years. FEMA conducted an analysis in 
2017 and recommended no change to the threshold at that time. As a 
result, the maximum threshold for Fiscal Year (FY) 2021 is currently 
set at $132,800.
    Since FEMA's analysis in 2017, the U.S. has seen increased disaster 
activity either due to, or amplified or aggravated by, the climate 
crisis. For example, in 2017, Hurricanes Harvey, Irma, and Maria caused 
a combined total of $293.6 billion in damages. Damages from wildfires 
in that year and the next totaled approximately $61 billion. In 2020, 
FEMA responded to 22 one billion-dollar events the highest in its 
history which included a record number of tropical storms in the 
Atlantic and the Nation's most active wildfire year recorded. The 
estimated damages from these 22 events totaled approximately $95 
billion. In addition to increased natural disasters, in 2020 FEMA also 
issued an unprecedented 57 major disaster declarations in response to 
COVID-19, including for every State, 5 territories, the Seminole Tribe 
of Florida, and the District of Columbia. In FY 2020 declarations, 
FEMA's funding under the PA program is over $32 billion. Although costs 
for COVID-19 accounted for 94 percent of this funding, FEMA expects 
climate change to make natural disasters more frequent and more 
destructive, requiring greater spending on recovery in the future.
    As a result, in 2020, FEMA conducted another analysis to ensure 
that FEMA is maximizing the benefits of simplified procedures in light 
of its more recent disaster spending. Based on this analysis, FEMA 
determined that it should increase the threshold to $1,000,000, with 
continued annual adjustment for inflation based on the Consumer Price 
Index.
    Anticipated Cost and Benefits: FEMA estimates that this rulemaking 
would result in transfers from FEMA to PA recipients and 
familiarization costs for PA applicants. Additionally, this rule would 
reduce the administrative burden and improve program efficiency for PA 
recipients, subrecipients, and FEMA, resulting in cost savings to FEMA 
and PA recipients/subrecipients.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   04/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Federal, Local, State, Tribal.
    Agency Contact: Valerie Boulet, Program Administration Section, 
Public Assistance Division, Department of Homeland Security, Federal 
Emergency Management Agency, 500 C Street SW, Washington, DC 20472-
3100, Phone: 202 538-3860, Email: [email protected].
    RIN: 1660-AB10

DHS--FEMA

Long-Term Actions

97. Individual Assistance Program Equity

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 5155; 42 U.S.C. 5174; 42 U.S.C. 5189a
    CFR Citation: 44 CFR 206.101; 44 CFR 206.110 to 206.115; 44 CFR 
206.117 to 206.119; 44 CFR 206.191.
    Legal Deadline: None.
    Abstract: As climate change results in more frequent and/or intense 
extreme weather events like severe storms, flooding and wildfires, 
disproportionately impacting the most vulnerable in society and in 
furtherance of E.O. 13895, the Federal Emergency Management Agency 
(FEMA) proposes to amend its Individual Assistance (IA) regulations to 
increase equity and ease of entry to the IA Program. To provide a full 
opportunity for underserved communities to participate, FEMA proposes 
to amend application of `safe, sanitary, and functional' for IA repair 
assistance; re-evaluate the requirement to apply for a Small Business 
Administration loan prior to receipt of Other Needs Assistance; add 
eligibility criteria for its Serious Needs & Displacement Assistance; 
amend its requirements for Continued Temporary Housing Assistance; re-
evaluate its approach to insurance proceeds; and amend its appeals 
process. FEMA also proposes revisions to reflect changes to statutory 
authority that have not yet been implemented in regulation, to include 
provisions for utility and security deposit payments, lease and repair 
of multi-family rental housing, childcare assistance, and maximum 
assistance limits.
    Statement of Need: FEMA's Individuals and Households Program (IHP) 
regulations have not had a major review and update since section 206 of 
the Disaster Mitigation Act of 2000 replaced the Individual and Family 
Grant Assistance Program with the current IHP. Some minor changes to 
Repair Assistance were completed in 2013, but Congress has passed 
multiple other laws that have superseded portions of the regulations 
and created other programs or forms of assistance with no supporting 
regulations. FEMA proposes an update to the IHP regulations now to 
bring them up to date and address other lessons learned through the 
course of implementing the IHP in disasters much larger than any

[[Page 5093]]

previously addressed at the time the regulations were first developed.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Agency Contact: Kristina McAlister, Supervisory Emergency 
Management Specialist (Recovery), Department of Homeland Security, 
Federal Emergency Management Agency, Individual Assistance Division 
Recovery Directorate, 500 C Street SW, Washington, DC 20472, Phone: 202 
604-8007, Email: [email protected].
    RIN: 1660-AB07

DHS--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY (CISA)

Proposed Rule Stage

98. Ammonium Nitrate Security Program

    Priority: Other Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: This action may affect the private sector under 
PL 104-4.
    Legal Authority: 6 U.S.C. 488 et seq.
    CFR Citation: 6 CFR 31.
    Legal Deadline: NPRM, Statutory, May 26, 2008, Publication of 
Notice of Proposed Rulemaking. Final, Statutory, December 26, 2008, 
Publication of Final Rule.
    Abstract: The Cybersecurity and Infrastructure Security Agency 
(CISA) is proposing a rulemaking to implement the December 2007 
amendment to the Homeland Security Act titled ``Secure Handling of 
Ammonium Nitrate.'' This 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.'' CISA previously issued a 
Notice of Proposed Rulemaking (NPRM) on August 3, 2011. CISA is 
planning to issue a Supplemental Notice of Proposed Rulemaking (SNPRM).
    Statement of Need: A Federal regulation governing the sale and 
transfer of ammonium nitrate is statutorily mandated. The statute 
requires that purchasers of ammonium nitrate and owners of ammonium 
nitrate facilities register with the Department of Homeland Security 
and be vetted against the Terrorist Screening Database. The statute 
further requires that information about transactions of ammonium 
nitrate be recorded and kept. Given the widespread use of ammonium 
nitrate in many sectors of the economy, including industrial, 
agricultural, and consumer uses, the Department is exploring ways to 
reduce the threat of terrorism posed by ammonium nitrate while 
remaining sensitive to the impacts on the supply chain and legitimate 
users.
    Summary of Legal Basis: This regulation is statutorily mandated by 
6 U.S.C. 488 et seq.
    Anticipated Cost and Benefits: In the 2011 NPRM, CISA estimated 
cost of this proposed rule would range from $300 million to $1,041 
million over 10 years at a 7 percent discount rate. In the intervening 
years, CISA has adjusted its approach to this rulemaking and has made 
significant changes to the way we estimate the costs associated with 
this SNPRM. At this time CISA is still developing the cost estimates 
for and substantive contents of this SNPRM.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   10/29/08  73 FR 64280
ANPRM Correction....................   11/05/08  73 FR 65783
ANPRM Comment Period End............   12/29/08  .......................
NPRM................................   08/03/11  76 FR 46908
Notice of Public Meetings...........   10/07/11  76 FR 62311
Notice of Public Meetings...........   11/14/11  76 FR 70366
NPRM Comment Period End.............   12/01/11  .......................
Notice of Availability..............   06/03/19  84 FR 25495
Notice of Availability Comment         09/03/19  .......................
 Period End.
Supplemental NPRM...................   03/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal, Local, State.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Ryan Donaghy, Deputy Branch Chief for Chemical 
Security Policy, Rulemaking, and Engagement, Department of Homeland 
Security, Cybersecurity and Infrastructure Security Agency, 245 Murray 
Lane SW, Mail Stop 0610, Arlington, VA 20528, Phone: 571 532-4127, 
Email: [email protected].
    Related RIN: Previously reported as 1601-AA52.
    RIN: 1670-AA00

BILLING CODE 9110-9B-P

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Statement of Regulatory Priorities for Fiscal Year 2022

Introduction

    The Regulatory Plan for the Department of Housing and Urban 
Development (HUD) for Fiscal Year (FY) 2022 highlights the most 
significant regulations and policy initiatives that HUD seeks to 
complete during the upcoming fiscal year. As the Federal agency that 
serves as the nation's housing agency, HUD is committed to addressing 
the housing needs of all Americans by creating strong, sustainable, 
inclusive communities, and quality affordable homes for all. As a 
result, HUD plays a significant role in the lives of families and in 
communities throughout America.
    HUD is currently working to strengthen the housing market to 
bolster the economy and protect consumers; meet the need for quality 
affordable rental homes; utilize housing as a platform for improving 
quality of life; build inclusive and sustainable communities free from 
discrimination and transform the way HUD does business. Under the 
leadership of Secretary Marcia L. Fudge, HUD is dedicated to 
implementing the Administration's priorities by setting forth 
initiatives related to recovery from the COVID-19 pandemic, providing 
economic relief to those HUD serves, advancing racial equity and civil 
rights, and tackling the climate emergency.
    Since the beginning of the Administration, HUD has taken a number 
of actions to advance equity in its programs and secure equal access to 
housing opportunity for all. For example, on February 11, 2021, HUD 
issued a memorandum directing its Office of Fair Housing and Equal 
Opportunity and organizations that enter into agreements with the 
Department to carry out fair housing laws and activities to fully 
enforce the Fair Housing Act to prohibit discrimination based on sexual 
orientation and gender identity; on April 26, 2021, HUD issued a plan 
of action the Department will take to

[[Page 5094]]

strengthen Nation-to-Nation relations and improve HUD-wide Tribal 
consultation; on June 10, 2021, HUD published an interim final rule to 
restore certain definitions and certifications to its regulations 
implementing the Fair Housing Act's requirement to affirmatively 
further fair housing (AFFH) (86 FR 30779); and on June 25, 2021, HUD 
published a proposed rule to reinstate HUD's discriminatory effects 
standard (86 FR 33590).
    The rules highlighted in HUD's regulatory plan for FY 2022 reflect 
HUD's efforts to continue its work in meeting the needs of underserved 
communities and providing for equal access to housing opportunities. In 
addition, it reflects HUD's efforts to strengthen the housing market 
and protect consumers, and to aid in recovery from the COVID-19 
pandemic. Additionally, HUD notes that the FY 2022 Semiannual 
Regulatory Agenda includes additional rules that advance the 
Administration's priorities, including, rules to advance equity by 
ensuring non-discrimination based on disability in HUD programs, and a 
rule to help address the climate emergency by improving the resilience 
of HUD-assisted or financed projects to the effect of climate change.

Affirmatively Furthering Fair Housing

    Executive Order 13985, ``Advancing Racial Equity and Support for 
Underserved Communities Through the Federal Government,'' (86 FR 7009, 
January 20, 2021) requires each agency to consider whether new 
policies, regulations, or guidance documents may be necessary to 
advance equity in agency actions and programs. Further, on January 26, 
2021 (86 FR 7487), President Biden issued a ``Memorandum on Redressing 
Our Nation's and the Federal Government's History of Discriminatory 
Housing Practices and Policies,'' which explained that the Federal 
Government will work with communities to, among other things, end 
housing discrimination, lift barriers that restrict housing and 
neighborhood choice, promote diverse and inclusive communities, and to 
secure equal access to housing opportunity for all.
    As noted above, on June 10, 2021, HUD published an interim final 
rule to restore certain definitions and certifications to its 
regulations implementing the Fair Housing Act's requirement. HUD will 
build on that rule and issue an AFFH proposed rule that seeks to ensure 
that HUD and its grantees are sufficiently effective in fulfilling the 
purposes and policies of the Fair Housing Act. HUD's proposed rule will 
provide HUD and its program participants with a more effective Fair 
Housing Planning Process as a means to meet their duty to affirmatively 
further the Fair Housing Act. Currently, HUD funding recipients must 
certify compliance with their duty to AFFH on an annual basis and HUD 
itself has a continuous statutory obligation to ensure that the Fair 
Housing Act's AFFH obligations are followed.
    For decades, courts have held that the AFFH obligation imposes a 
duty on HUD and its grantees to affirmatively further the purposes of 
the Fair Housing Act. These courts have held that for funding 
recipients to meet their AFFH obligations they must, at a minimum, make 
decisions informed by preexisting racial and socioeconomic residential 
segregation. The courts have further held that, informed by such 
information, funding recipients must strive to dismantle historic 
patterns of racial segregation; preserve integrated housing that 
already exists; and otherwise take meaningful steps to further the Fair 
Housing Act's purposes beyond merely refraining from taking 
discriminatory actions and banning others from such discrimination. 
Through this proposed rule, HUD plans to implement the AFFH mandate and 
work towards a more equitable future for all by developing a Fair 
Housing Planning Process that reduces burdens for program participants 
and achieves material, positive change that affirmatively furthers fair 
housing. Specifically, HUD is focused on advancing equity and providing 
access to opportunity for underserved populations in a manner that is 
more effective in achieving measurable improvements while avoiding 
unnecessary burden.

Aggregate Costs and Benefits

    Executive Order 12866, as amended, requires the agency to provide 
its best estimate of the combined aggregate costs and benefits of all 
regulations included in the agency's Regulatory Plan that will be 
pursued in FY 2022. HUD expects that the neither the total economic 
costs nor the total efficiency gains will exceed $100 million. HUD 
grantees are already familiar with the AFFH compliance process as 
instituted by the 2015 rule and the 2021 interim final rule. Having 
learned from prior rulemakings, HUD believes that the rule will create 
the right balance of analysis so that grantees will have the available 
data necessary to help them in completing any analytical requirements 
without adding the same level of costs associated with the 2015 
rulemaking.

Statement of Need

    The rule is needed to conform HUD regulations with statutory 
standards and judicial interpretations of those standards, and to 
ensure consistency in fair housing certifications across HUD programs. 
This proposed rule would consider HUD's AFFH rule published on July 16, 
2015 (80 FR 42272) (2015 AFFH rule) but improve upon its framework and 
impose less regulatory burden.
    Alternatives: Alternatives to promulgating this rule involve 
finalizing the interim rule, ``Restoring Affirmatively Furthering Fair 
Housing Definitions and Certifications,'' without taking further action 
or repromulgating the 2015 AFFH rule without considering changes that 
could reduce regulatory burden and enable a more meaningful fair 
housing planning process. If HUD were to finalize the interim rule 
without taking further action, there would be inconsistency in fair 
housing certifications across different jurisdictions, as the interim 
rule does not require that jurisdictions submit fair housing plans in 
any particular form, such as an Analysis of Impediments, or an 
Assessment of Fair Housing, as was previously required. If HUD were to 
repromulgate the 2015 AFFH rule without considering changes, HUD would 
miss an opportunity to improve upon that rule and reduce the 
significant regulatory burdens resulting from that rule. HUD believes 
neither of those options are better than providing for a new 
certification process that will undergo new public comment.
    Risks: Previous iterations of the AFFH rule have resulted in an 
amount of burden on grantees that made implementation challenging. HUD 
must balance the use of data and the depth of analysis that is required 
of differing sized grantees to ensure that grantees can implement the 
affirmatively furthering fair housing mandate while continuing to 
fulfill their programmatic requirements. In promulgating this rule, HUD 
will attempt to secure support from as many stakeholders as possible to 
ensure maximum compliance with the duty to AFFH.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Proposed Rule.......................   12/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Governmental jurisdictions.
    Government Levels Affected: Yes.
    Federalism Affected: No.
    Energy Affected: No.

[[Page 5095]]

    International Impacts: No.

Increased Forty-Year Term for Loan Modifications

    Executive Order 14002, ``Economic Relief Related to the COVID-19 
Pandemic'' (Jan. 22, 2021), directs federal agencies to ``promptly 
identify actions they can take within existing authorities to address 
the current economic crisis resulting from the [COVID 19] pandemic.'' 
In response to this Executive Order and in support of the goal of 
achieving broad economic recovery following the COVID-19 pandemic, HUD 
has established expanded COVID-19 Loss Mitigation Options to address 
the impacts many Americans are experiencing in recovering financially 
from the long-lasting effects of the pandemic. HUD continues to 
evaluate both the effects of the pandemic on its portfolio as well as 
the economic indicators of the broader recovery.
    This proposed rule would amend HUD's current regulation to allow 
for mortgagees to recast the total unpaid loan and other eligible costs 
for a new term not exceeding 480 months. HUD anticipates that this 
would allow mortgagees greater ability to assist defaulted borrowers, 
including borrowers affected by the COVID-19 pandemic, with avoiding 
foreclosure.
    HUD's current regulations allow mortgagees to modify a Federal 
Housing Administration (FHA) insured mortgage by recasting the total 
unpaid loan and other eligible costs for a term limited to 360 months 
to cure a borrower's default. Mortgagees are required to consider 
utilizing deeds in lieu of foreclosure, pre-foreclosure sales, partial 
claims, assumptions, special forbearance, and recasting of 
mortgages.\1\ One of these options allows mortgagees to modify a 
mortgage for the purpose of changing the amortization provisions and 
recasting the total unpaid loan and other eligible costs for a term not 
exceeding 360 months from the date of the modification.\2\
---------------------------------------------------------------------------

    \1\ 24 CFR 203.501.
    \2\ 24 CFR 203.616
---------------------------------------------------------------------------

    Allowing mortgagees to provide a 40-year loan modification would 
support HUD's mission of fostering homeownership by assisting more 
borrowers with retaining their homes after a default episode while 
mitigating losses to FHA's Mutual Mortgage Insurance (MMI) Fund. For 
many borrowers who have become delinquent, a lowered monthly payment is 
key to their ability to bring the mortgage current, prevent re-default, 
and ultimately retain their home and build wealth through 
homeownership. The difference between the monthly payment provided 
under a 40-year loan modification and a 30-year loan modification may 
be significant for a borrower and their ability to afford the modified 
payment.

Aggregate Costs and Benefits

    Executive Order 12866, as amended, requires the agency to provide 
its best estimate of the combined aggregate costs and benefits of all 
regulations included in the agency's Regulatory Plan that will be 
pursued in FY 2021. HUD expects that neither the total economic costs 
nor the total efficiency gains will exceed $100 million. This proposed 
rule would increase available loss mitigation options for borrowers and 
enable more borrowers to avoid foreclosure and remain in their homes. 
HUD also anticipates that this would have a positive effect on the FHA 
Mutual Mortgage Insurance Fund by lowering defaults.

Statement of Need

    Borrowers impacted by the COVID-19 pandemic, including those who 
may re-default in the future after having received a loss mitigation 
option under HUD's COVID-19 policies, may need a 40-year loan 
modification to provide a monthly payment that they can afford. It is 
vital that these borrowers receive any loss mitigation options at HUD's 
disposal and for which they are eligible to avoid foreclosure whenever 
possible and to mitigate the impact of the COVID-19 pandemic.
    Additionally, given the large number of FHA-insured mortgages that 
have been originated or refinanced in the past few years in a 
historically low interest rate environment, simply extending out the 
term of a mortgage in default for another 30 years at a similar 
interest rate would not provide a substantial reduction to a borrower's 
monthly mortgage payment. Therefore, providing this option for relief 
for all borrowers and originators is prudent for all FHA-insured 
mortgages.

Alternatives

    HUD has considered other loss mitigation options which would allow 
borrowers to avoid foreclosure in response to the COVID-19 pandemic. 
HUD has made many of these options available through mortgagee letter. 
HUD does not view these options as alternatives, as different 
circumstances may call for different forms of loss mitigation. 
Additionally, HUD finds that this new option should not be limited only 
in response to the COVID-19 pandemic, but should be available in all 
circumstances where it could help individuals keep their homes.

Risks

    Although the impact of introducing a 40-year loan modification 
option for borrowers on the MMI Fund will needed to be modeled, HUD 
anticipates a favorable impact through reduced utilization of other, 
more costly loss mitigation options and foreclosure prevention.
    Additionally, HUD anticipates that the effect on FHA-insured 
mortgagors will be minor. HUD recognizes that a 40-year mortgage would 
cost the borrower in the form of greater interest paid over time and 
slower equity building. However, HUD notes that the average life of an 
FHA-insured mortgage is approximately seven years, and HUD anticipates 
that a borrower would similarly refinance a 40-year mortgage. Any 
additional interest and slowed equity build that a borrower might pay 
with a 40-year modified loan compared to a 30-year modified loan, 
especially when looked at over the life of an average FHA-insured 
mortgage, would not impose a significant burden to borrowers and would 
be outweighed by the benefits to a borrower of being able to retain 
their home.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Proposed rule.......................   12/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Federalism Affected: No.
    Energy Affected: No.
    International Impacts: No.

HUD--OFFICE OF HOUSING (OH)

Proposed Rule Stage

99. Increased 40-Year Term for Loan Modifications (FR-6263)

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: 12 U.S.C. 1707, 1709, 1710, 1715b, 1715z-16, 
1715u, and 1715z-21; 15 U.S.C. 1639c; 42 U.S.C. 3535(d)
    CFR Citation: 24 CFR 203.
    Legal Deadline: None.
    Abstract: This would amend the current regulation at 24 CFR 203.616 
to permit the modification of an FHA-insured mortgage for a maximum 
term not to exceed 480 months, or 40 years. The current regulation 
allows a

[[Page 5096]]

mortgagee to modify a loan to cure a default by recasting the total 
unpaid amount due and other eligible costs for a term not exceeding 360 
months, or 30 years. Increasing the term length of a modified loan 
would provide borrowers with a deeper reduction to their monthly 
mortgage payments as the outstanding principal would be spread over a 
longer time frame. This change would provide more FHA borrowers with 
the ability to retain their homes after default, including borrowers 
who have exhausted their partial claim allocation, as well as provide 
more affordable housing payments. This change would also align FHA with 
modifications available to borrowers with mortgages backed by Fannie 
Mae or Freddie Mac, which currently provide a 40-year loan modification 
option.
    Statement of Need: HUD anticipates that this would allow mortgagees 
greater ability to assist defaulted borrowers, including mortgagees 
affected by the COVID-19 pandemic, with avoiding foreclosure. It is 
vital that borrowers receive any loss mitigation options at HUD's 
disposal and for which they are eligible to avoid foreclosure whenever 
possible and to mitigate the impact of a loss of job or other financial 
strains such as those resulting from the COVID-19 pandemic.
    Additionally, given the large number of FHA-insured mortgages that 
have been originated or refinanced in the past few years in a 
historically low interest rate environment, simply extending out the 
term of a mortgage in default for another 30 years at a similar 
interest rate would not provide a substantial reduction to a borrower's 
monthly mortgage payment. Therefore, providing this option for relief 
for all borrowers and originators is prudent for all FHA-insured 
mortgages.
    Summary of Legal Basis: Executive Order 14002, Economic Relief 
Related to the COVID-19 Pandemic (Jan. 22, 2021), directs federal 
agencies to promptly identify actions they can take within existing 
authorities to address the current economic crisis resulting from the 
[COVID 19] pandemic. In response to this Executive Order and in support 
of the goal of achieving broad economic recovery following the COVID-19 
pandemic, HUD has established expanded COVID-19 Loss Mitigation Options 
to address the impacts many Americans are experiencing in recovering 
financially from the long-lasting effects of the pandemic.
    Alternatives: HUD has considered other loss mitigation options 
which would allow borrowers to avoid foreclosure in response to the 
COVID-19 pandemic. HUD has made many of these options available through 
mortgagee letter. HUD does not view these options as alternatives, as 
different circumstances may call for different forms of loss 
mitigation. Additionally, HUD finds that this new option should not be 
limited only in response to the COVID-19 pandemic, but should be 
available in all circumstances where it could help individuals keep 
their homes.
    Anticipated Cost and Benefits: Executive Order 12866, as amended, 
requires the agency to provide its best estimate of the combined 
aggregate costs and benefits of all regulations included in the 
agency's Regulatory Plan that will be pursued in FY 2021. HUD expects 
that neither the total economic costs nor the total efficiency gains 
will exceed $100 million. This proposed rule would increase available 
loss mitigation options for borrowers and enable more borrowers to 
avoid foreclosure and remain in their homes. HUD also anticipates that 
this would have a positive effect on the FHA Mutual Mortgage Insurance 
Fund by lowering defaults.
    Risks: Although the impact of introducing a 40-year loan 
modification option for borrowers on the MMI Fund will needed to be 
modeled, HUD anticipates a favorable impact through reduced utilization 
of other, more costly loss mitigation options and foreclosure 
prevention.
    Additionally, HUD anticipates that the effect on FHA-insured 
mortgagors will be minor. HUD recognizes that a 40-year mortgage would 
cost the borrower in the form of great interest paid over time and 
slower equity building. However, HUD notes that the average life of an 
FHA-insured mortgage is approximately seven years, and HUD anticipates 
that a borrower would similarly refinance a 40-year mortgage. Any 
additional interest and slowed equity build that a borrower might pay 
with a 40-year modified loan compared to a 30-year modified loan, 
especially when looked at over the life of an average FHA-insured 
mortgage, would not impose a significant burden to borrowers and would 
be outweighed by the benefits to a borrower of being able to retain 
their home.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Elissa Saunders, Acting Director, Office of Single 
Family Asset Management, Department of Housing and Urban Development, 
Office of Housing, 451 Seventh Street SW, Washington, DC 20410, Phone: 
202 708-2121.
    RIN: 2502-AJ59

HUD--OFFICE OF FAIR HOUSING AND EQUAL OPPORTUNITY (FHEO)

Proposed Rule Stage

100. Affirmatively Furthering Fair Housing (FR-6250)

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 3608(e)(5); 42 U.S.C. 5304; 42 U.S.C. 
12705(b); 42 U.S.C. 1437c-1; 42 U.S.C. 3535(d); 42 U.S.C. 3600 to 3620
    CFR Citation: 24 CFR 5, 91, 92, 570, 574, 576, and 903.
    Legal Deadline: None.
    Abstract: Through this proposed rule, HUD seeks to provide HUD and 
its program participants with a more effective means to affirmatively 
further the purposes and policies of the Fair Housing Act. The current 
procedures for affirmatively furthering fair housing carried out by 
program participants are not sufficiently effective to fulfill the 
purposes and policies of the Fair Housing Act. HUD will be seeking 
public comment on a new proposed rule that is focused on advancing 
equity and providing access to opportunity for underserved populations 
in a manner that is more effective in achieving measurable improvements 
while avoiding unnecessary burden.
    Statement of Need: The rule is needed to conform HUD regulations 
with statutory standards and judicial interpretations of those 
standards, and to ensure consistency in fair housing certifications 
across HUD programs. This proposed rule would consider HUD's AFFH rule 
published on July 16, 2015 (80 FR 42272) (2015 AFFH rule) but improve 
upon its framework and impose less regulatory burden.
    Summary of Legal Basis: Executive Order 13985, Advancing Racial 
Equity and Support for Underserved Communities Through the Federal 
Government, (86 FR 7009, January 20, 2021) requires each agency to 
consider whether new policies, regulations, or guidance documents may 
be necessary to advance equity in agency actions and programs. Further, 
on January 26, 2021 (86 FR 7487), President Biden issued a Memorandum 
on Redressing Our Nation's and the Federal Government's History of 
Discriminatory Housing Practices and Policies, which explained

[[Page 5097]]

that the Federal Government will work with communities to, among other 
things, end housing discrimination, lift barriers that restrict housing 
and neighborhood choice, promote diverse and inclusive communities, and 
secure equal access to housing opportunity for all.
    Alternatives: Alternatives to promulgating this rule involve 
finalizing the interim rule, Restoring Affirmatively Furthering Fair 
Housing Definitions and Certifications, without taking further action 
or repromulgating the 2015 AFFH rule without considering changes that 
could reduce regulatory burden and enable a more meaningful fair 
housing planning process. If HUD were to finalize the interim rule 
without taking further action, there would be inconsistency in fair 
housing certifications across different jurisdictions, as the interim 
rule does not require that jurisdictions submit fair housing plans in 
any particular form, such as an Analysis of Impediments or an 
Assessment of Fair Housing, as was previously required. If HUD were to 
repromulgate the 2015 AFFH rule without considering changes, HUD would 
miss an opportunity to improve upon that rule and reduce the 
significant regulatory burdens resulting from that rule. HUD believes 
neither of those options are better than providing for a new 
certification process that will undergo new public comment.
    Anticipated Cost and Benefits: Executive Order 12866, as amended, 
requires the agency to provide its best estimate of the combined 
aggregate costs and benefits of all regulations included in the 
agency's Regulatory Plan that will be pursued in FY 2022. HUD expects 
that the neither the total economic costs nor the total efficiency 
gains will exceed $100 million. HUD grantees are already familiar with 
the AFFH compliance process as instituted by the 2015 rule and the 2021 
interim final rule. Having learned from prior rulemakings, HUD believes 
that the rule will create the right balance of analysis so that 
grantees will have the available data necessary to help them in 
completing any analytical requirements without adding the same level of 
costs associated with the 2015 rulemaking.
    Risks: Previous iterations of the AFFH rule have resulted in an 
amount of burden on grantees that made implementation challenging. HUD 
must balance the use of data and the depth of analysis that is required 
of differing sized grantees to ensure that grantees can implement the 
affirmatively furthering fair housing mandate while continuing to 
fulfill their programmatic requirements. In promulgating this rule, HUD 
will attempt to secure support from as many stakeholders as possible to 
ensure maximum compliance with the duty to AFFH.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: Federal, Local, State.
    Agency Contact: Demetria McCain, Principal Deputy Assistant 
Secretary for Fair Housing and Equal Opportunity, Department of Housing 
and Urban Development, Office of Fair Housing and Equal Opportunity, 
451 Seventh Street, Washington, DC 20410, Phone: 202 402-5188.
    RIN: 2529-AB05

BILLING CODE 4210-67-P

UNITED STATES DEPARTMENT OF THE INTERIOR

Fall 2021 Regulatory Plan

Introduction

    The U.S. Department of the Interior (Department) is the principal 
steward of our Nation's public lands and resources, including many of 
our cultural treasures. The Department serves as trustee to Native 
Americans, Alaska Natives, and Federally-Recognized Tribes and is 
responsible for our ongoing relationships with the island territories 
under U.S. jurisdiction and the freely associated states. Among the 
Department's many responsibilities is managing more than 500 million 
surface acres of Federal land, which constitutes approximately 20 
percent of the Nation's land area, as well as approximately 700 million 
subsurface acres of Federal mineral estate, and more than 2.5 billion 
acres of submerged lands on the Outer Continental Shelf (OCS).
    In addition, the Department protects and recovers endangered 
species; protects natural, historic, and cultural resources; provides 
scientific and other information about those resources; and manages 
water projects that are an essential lifeline and economic engine for 
many communities.
    Hundreds of millions of people visit Department-managed lands each 
year to take advantage of a wide range of recreational pursuits--
including camping, hiking, hunting, fishing, and various other forms of 
outdoor recreation--and to learn about our Nation's history. Each of 
these activities supports local communities and their economies. The 
Department also provides access to Federal lands and offshore areas for 
the development of energy, minerals, and other natural resources that 
generate billions of dollars in revenue.
    In short, the Department of the Interior plays a central role in 
how the United States stewards its public lands, ensures environmental 
protections, pursues environmental justice, honors the nation-to-nation 
relationship with tribes and the special relationships with other 
indigenous people and the insular areas.

Regulatory and Deregulatory Priorities

    To help advance the Secretary of the Interior's (Secretary) 
commitment to honoring the Nation's trust responsibilities and to 
conserve and manage the Nation's natural resources and cultural 
heritage, the Department's regulatory and deregulatory priorities in 
the coming fiscal year (FY) will focus on:
     Tackling the Climate Crisis, Strengthening Climate 
Resiliency, and Facilitating the Transition to Renewable Energy;
     Upholding Trust Responsibilities to Federally-Recognized 
American Indian and Alaska Native Tribes Restoring Tribal Lands, and 
Protecting Natural and Cultural Resources Advancing Equity and 
Supporting Underserved Communities;
     Investing in Healthy Lands, Waters and Local Economies and 
Strengthening Conservation, and Protecting Endangered Species and their 
Habitat

Tackling the Climate Crisis, Strengthening Climate Resiliency, and 
Facilitating the Transition to Renewable Energy

    In one of his first official actions after taking the oath of 
office on January 20, 2021, President Biden signed Executive Order 
(E.O.) 13990, entitled ``Protecting Public Health and the Environment 
and Restoring Science to Tackle the Climate Crisis.'' This Executive 
order established the Biden-Harris administration's policy to ``improve 
public health and protect our environment, to ensure access to clean 
air and water, to reduce greenhouse gas emissions and to bolster 
resilience of the impacts of climate change.'' An accompanying 
document, entitled ``Fact Sheet: List of Agency Actions for Review,'' 
directed several Federal agencies, including the Department, to review 
various regulations in accordance with E.O. 13990, and that review will 
continue for FY 2022.

[[Page 5098]]

    To help implement the commitment to tackling the climate crisis, 
Secretary Haaland signed her first Secretary's Order (SO), SO 3398, 
entitled ``Revocation of Secretary's Orders Inconsistent with 
Protecting Public Health and the Environment and Restoring Science to 
Tackle the Climate Crisis.'' SO 3398 implements the review of 
Departmental actions mandated by Executive Order 13990. Foundational to 
this process is the commitment to science and transparency and a pledge 
``to conserve and restore our land, water, and wildlife; to reduce 
greenhouse gas emissions; to create jobs through a growing clean energy 
economy; and to bolster resilience to the impacts of climate change.'' 
SO 3398 revoked 12 SOs that were issued between March 29, 2017, and 
December 22, 2020, and directed the Department to conduct reviews and 
take appropriate actions on certain regulations. The SO further 
directed Bureaus and Offices to review all policies and guidance 
documents that may warrant further action to be consistent with 
Executive Order 13990.
    Recognizing the ongoing threat that climate change poses to our 
Nation and to the world, on January 27, 2021, President Biden also 
issued Executive Order 14008 entitled, ``Tackling the Climate Crisis at 
Home and Abroad.'' Executive Order 14008 directed Federal agencies to 
take a government-wide approach to the climate crisis and established a 
National Climate Task Force to facilitate the organization and 
deployment of such an approach.
    To implement the directives in Executive Order 14008, on April 16, 
2021, Secretary Haaland issued SO 3399, which directs a ``Department-
Wide Approach to the Climate Crisis and Restoring Transparency and 
Integrity to the Decision-Making Process.'' SO 3399 established a 
Departmental Climate Task Force charged with developing a strategy to 
reduce climate pollution; improving and increasing adaptation and 
resilience to the impacts of climate change; addressing current and 
historic environmental injustice; protecting public health; and 
conserving Department-managed lands.
    In accordance with Executive Orders 13990 and 14008, a number of 
bureaus in the Department are pursuing regulatory actions to implement 
these administration priorities. The Bureau of Land Management (BLM), 
for example, is proposing rules to ensure the responsible development 
of oil and gas on public lands, including ``Waste Prevention, 
Production Subject to Royalties, and Resource Conservation 43 CFR parts 
3160 and 3170'' (1004-AE79), known as the Waste Prevention Rule, and 
``Revision of Existing Regulations Pertaining to Fossil Fuel Leases and 
Leasing Process 43 CFR parts 3100 and 3400'' (1004-AE80), known as the 
Fossil Fuel Rule. The Waste Prevention Rule would reduce methane 
emissions in the oil and gas sector and mitigate impacts of climate 
change. The Fossil Fuel Rule would update BLM's process for leasing to 
ensure the protection and proper stewardship of the public lands, 
including potential climate and other impacts associated with fossil 
fuel activities. Also, to comply with Executive Order 14008, BLM plans 
to complete a comprehensive review and reconsideration of Federal 
fossil fuel leasing practices considering BLM's broad stewardship 
responsibilities over the public lands, including potential climate and 
other impacts associated with fossil fuel activities on public lands.
    Similarly, the Bureau of Ocean Energy Management (BOEM) is also 
undertaking a comprehensive review and reconsideration of offshore 
Federal oil and gas permitting and leasing practices, including 
potential climate and other impacts associated with offshore oil and 
gas activities. The BOEM will evaluate the sources and impacts of 
climate change on the OCS, working in consultation with the Secretary 
of Agriculture, the Secretary of Commerce, through the National Oceanic 
and Atmospheric Administration, and the Secretary of Energy. Given the 
Secretary's Outer Continental Shelf Lands Act (OCSLA) mandate to 
conserve the natural resources on the OCS, this initiative will 
evaluate the causes and effects of climate change and determine what 
appropriate measures BOEM should take to further control emissions of 
greenhouse gasses, including whether to adjust royalties associated 
with coal, oil, and gas resources extracted from public lands and 
offshore waters, develop regulations, or to take other action to 
account for corresponding climate costs.
    One of the explicit directions in Executive Order 14008 provides 
that the Secretary, in consultation with the heads of other relevant 
agencies, will review siting and permitting processes on public lands 
and in offshore waters to identify steps that can be taken, consistent 
with applicable law, to increase renewable energy production. The 
Department is committed to fully facilitating the development of 
renewable energy on public lands and waters, as well as supporting 
tribal and territorial efforts to develop renewable energy, including 
deploying 30 gigawatts (GW) of offshore wind by 2030 and 25GW of 
onshore renewable energy by 2025. This mandate is to be undertaken 
while also ensuring appropriate protection of public lands, waters, and 
biodiversity and creating good jobs.
    As part of these efforts in FY 2022, BOEM will propose a rule 
entitled, ``Renewable Energy Modernization Rule'' (1010-AE04), that 
will substantially update the existing renewable energy regulations to 
facilitate responsible development of renewable energy resources more 
rapidly on the OCS and promote U.S. energy independence. This rule 
would also significantly reduce costs to developers for expanding 
renewable energy development in an environmentally sound manner. 
Similarly, BLM plans to update its regulations for onshore rights-of-
way, leasing, and operations related to all activities associated with 
renewable energy and transmission lines (1004-AE78). This proposed rule 
would improve permitting activities and processes to facilitate 
increased renewable energy production on public lands.

Upholding Trust Responsibilities to Federally-Recognized American 
Indian and Alaska Native Tribes Restoring Tribal Lands, and Protecting 
Natural and Cultural Resources

    Among the Department's most important responsibilities is its 
commitment to honor the nation-to-nation relationship between the 
Federal Government and Tribes. Secretary Haaland is strongly committed 
to strengthening how the Department carries out its trust 
responsibilities and to increasing economic development opportunities 
for Tribes and other historically underserved communities.
    As part of these efforts, on April 27, 2021, Secretary Haaland 
signed SO 3400 entitled, ``Delegation of Authority for Non-Gaming Off-
Reservation Fee-to-Trust Acquisitions.'' SO 3400 is intended to ensure 
that off-reservation fee-to-trust applications are effectively and 
efficiently processed. As Secretary Haaland noted upon signing the SO, 
``At Interior, we have an obligation to work with Tribes to protect 
their lands and ensure that each Tribe has a homeland where its 
citizens can live together and lead safe and fulfilling lives . . . Our 
actions today will help us meet that obligation and will help empower 
Tribes to determine how their lands are used--from conservation to 
economic development projects.''
    To advance the Department's trust responsibilities, the Bureau of 
Indian

[[Page 5099]]

Affairs (BIA) is currently identifying opportunities to promote Tribal 
economic growth and development. For example, BIA is working to remove 
barriers to the development of renewable energy and other resources in 
Indian country. During FY 2021, BIA finalized a rule that removed 
several required items from Tribal Energy Resource Agreement (TERA) 
applications and offered a new economic development option for Tribal 
Energy Development Organizations (TEDOs) (1076-AF65) (86 FR 40147, July 
27, 2021).
    In consultation with Tribes, BIA has been engaged in efforts to 
update and improve its regulations governing how it manages land held 
in trust or in restricted status for Tribes and individual Indians. 
This year, BIA published a final rule that modernizes the way the BIA 
Land Title and Records Office (LTRO) maintains title to Indian trust 
land and streamlines the process for probating estates that contain 
trust property to reduce delays (1076-AF56) (86 FR 45631, August 16, 
2021). The bureau has also launched a broader review to determine 
whether any regulatory reforms are needed to facilitate restoration of 
Tribal lands and safeguard natural and cultural resources. The BIA has 
preliminarily identified as a candidate for revision the regulations 
governing leases of Indian land for agricultural purposes, which are 
found at 25 CFR part 162 (1076-AF66).
    The BIA is also committed to improving regulations meant to protect 
sacred and cultural resources. The BIA is working with the National 
Park Service (NPS) to consult with Tribes on updates to regulations 
implementing the Native American Graves and Repatriation Act (NAGPRA), 
43 CFR 10 (1024-AE19). These regulations would provide a systematic 
process for the disposition and repatriation of Native American human 
remains, funerary objects, sacred objects, and objects of cultural 
patrimony. The updates are intended to simplify and improve the 
regulatory process for repatriation, rectify provisions in the current 
regulations that inhibit and effectively prevent respectful 
repatriation, and remove the burden on Indian Tribes and Native 
Hawaiian organizations to initiate the process and add a requirement 
for museums and Federal agencies to complete the process.

Advancing Equity and Supporting Underserved Communities

    The Biden-Harris administration and Secretary Haaland recognize and 
support the goals of advancing equity and addressing the needs of 
underserved communities. In January 2021, the President signed 
Executive Order 13985 entitled, ``Advancing Racial Equity and Support 
for Underserved Communities Through the Federal Government.'' This 
Executive order directs all Federal agencies to pursue a comprehensive 
approach to advancing equity for all, including people of color and 
others who have been historically underserved, marginalized, and 
adversely affected by persistent poverty and inequality. In FY 2022, 
the Department will undertake a number of regulatory actions that will 
assist people who reside in underserved communities.
    The BLM (1004-AE60), FWS (1018-BD78), and NPS (1024-AE75), are 
proposing right-of-way (ROW) rules that would improve efficiencies in 
the communications programs, including plans and agreements for 
electric transmission, distribution facilities and broadband 
facilities. These rules are intended to increase services, such as 
broadband connectivity, with resulting benefits to underserved 
communities and visitors to Departmental lands and promote good 
governance.

Investing in Healthy Lands, Waters and Local Economies and 
Strengthening Conservation, and Protecting Endangered Species and Their 
Habitat

    The Department's FY 2022 regulatory agenda will continue to advance 
the goals of investing in healthy lands, waters, and local economies 
across the country. These regulatory efforts, which are consistent with 
the Biden-Harris administration's ``America the Beautiful'' Initiative, 
include expanding opportunities for outdoor recreation, including 
hunting and fishing, for all Americans; enhancing conservation 
stewardship; and improving the management of species and their habitat.
    For example, the U.S. Fish and Wildlife Service (FWS) opened, for 
the first time, seven national wildlife refuges (NWRs), totaling 2.1 
million acres of public lands, that were previously closed to hunting 
and sport fishing. Hunters and anglers are among the most ardent 
conservationists. The FWS opened or expanded hunting and sport fishing 
at 81 other NWRs and added pertinent station-specific regulations for 
other NWRs that pertain to migratory game bird hunting, upland game 
hunting, big game hunting, and sport fishing for the 2021-2022 season. 
The FWS also opened hunting or sport fishing on one unit of the 
National Fish Hatchery System (NFH), adding pertinent station-specific 
regulations for migratory game bird hunting, upland game hunting, big 
game hunting, and sport fishing at this NFH for the 2021-2022 season. 
Finally, FWS made regulatory changes to existing station-specific 
regulations to reduce the regulatory burden on the public, increase 
access for hunters and anglers on FWS lands and waters, and comply with 
a Presidential mandate for plain language standards. By responsibly 
expanding these opportunities, the Department is enhancing the lives of 
millions of Americans, promoting conservation stewardship, and 
stimulating the national economy (86 FR 48822, August 31, 2021).
    The NPS is also pursuing several regulatory actions under the 
Department's direction and in accordance with these goals. These 
regulatory actions would authorize recreational activities, such as 
off-road vehicle use, snowmobiling, the use of motorized and non-
motorized vessels, personal watercraft, and bicycling, within 
appropriate, designated areas of certain National Park System units. 
These regulations would benefit local economies as well as promote 
healthy lands and waters.
    The Biden-Harris administration and Secretary Haaland are strongly 
committed to strengthening conservation and improving conservation 
partnerships. Through this regulatory plan, the Department affirms the 
importance of the Endangered Species Act (ESA) in providing a broad and 
flexible framework to facilitate conservation with a variety of 
stakeholders. The Department, through FWS, is committed to working with 
diverse Federal, Tribal, state, and industry partners to not only 
protect and recover America's imperiled wildlife but to ensure the ESA 
is helping meet 21st century challenges.
    In FY 2022, FWS will continue its reviews of several ESA rules that 
were finalized prior to January 20, 2021, to continue improving the 
implementation of the ESA so that it is clearly and consistently 
applied, helps recover listed species, and provides the maximum degree 
of certainty possible to all parties. For example, FWS and the National 
Marine Fisheries Service (NMFS) are reviewing the final rule that 
became effective on January 15, 2021, entitled, ``Regulations for 
Listing Endangered and Threatened Species and Designating Critical 
Habitat,'' that established a regulatory definition of ``habitat.'' FWS 
is also reviewing the final rule entitled, ``Endangered and Threatened 
Wildlife and Plants; Regulations for Designating Critical Habitat,'' 
that became effective on

[[Page 5100]]

January 19, 2021. That rule set forth a process for excluding areas of 
critical habitat under section 4(b)(2) of the ESA, which mandates our 
consideration of the impacts of designating critical habitat and 
permits exclusions of particular areas following a discretionary 
exclusion analysis. Finally, FWS and NMFS are reviewing the final rule 
entitled, ``Endangered and Threatened Wildlife and Plants; Regulations 
for Interagency Cooperation'' to determine whether and how the rule 
should be revised or rescinded.

Bureaus and Offices Within the Department of the Interior

    The following is an overview of some of the major regulatory and 
deregulatory priorities of the Department's Bureaus and Offices.

Bureau of Indian Affairs

    The BIA enhances the quality of life, promotes economic 
opportunity, and protects and improves the trust assets of 
approximately 1.9 million American Indians, Indian Tribes, and Alaska 
Natives. The BIA maintains a government- to-government relationship 
with the 574 Federally-Recognized Indian Tribes. The BIA also 
administers and manages 55 million acres of surface land and 57 million 
acres of subsurface minerals held in trust by the United States for 
American Indians and Indian Tribes.
Regulatory and Deregulatory Actions
    In FY 2021, BIA finalized a rule that removed several required 
items from TERA applications and offers a new economic development 
option for TEDOs (86 FR 40147, July 27, 2021).
    The BIA also published a final rule that modernizes the manner in 
which the BIA LTRO maintains title to Indian trust land and streamlines 
the process for adjudicating probates of estates containing trust 
property to reduce delays (86 FR 45631, August 16, 2021).
    The BIA intends to prioritize the following rulemakings in FY 2022:
Tribal Transportation Program: Allowable Lengths of Access Roads (1076-
AF48)
    This rule would change the allowable length of access roads in the 
National Tribal Transportation Facilities Inventory, as determined by 
25 CFR 170.447, to increase the 15-mile limits on the length of access 
roads and create parity among all Tribes, regardless of land base or 
remoteness of location.
Trust Fund Accounts for Tribes and Individual Indians--Supervised 
Accounts (1076-AF57)
    This rule would update the qualifications required for Indian 
Affairs personnel who conduct reviews of supervised individual Indian 
Money (IIM) accounts to ensure that personnel have appropriate 
accounting skills and make other changes to reflect the transition of 
duties from social services providers to IIM account specialists in the 
newly established Bureau of Trust Funds Administration (BTFA).
Leasing of Osage Reservation Lands for Oil and Gas Mining (1076-AF59)
    The regulations in 25 CFR part 226 would be revised because they 
are outdated; do not reflect current oil and gas operations within the 
Osage Mineral Estate or the industry at large; and are inconsistent 
with Departmental regulations governing oil and gas exploration and 
development throughout the rest of Indian country. The last substantive 
revision to the regulations in 25 CFR part 226 occurred in 1974, with 
many provisions remaining unchanged since well before then.
105(l) Leases Under the Indian Self-Determination and Education 
Assistance Act (ISDEAA) (1076-AF60)
    The current regulations governing 105(l) leases at 25 CFR 900, 
subpart H, allow Tribes to be compensated for a broad range of expenses 
ranging from rent to depreciation and ``other reasonable expenses.'' 
The revisions would establish sideboards on what costs the Department 
will pay Tribes for 105(l) leases including, for examples, more 
specific direction on the timing and scope of future 105(l) leases.
Self-Governance PROGRESS Act Regulations (1076-AF62)
    This rule would implement the requirements of the PROGRESS Act 
requiring updates to BIA's regulations governing Tribal Self-
Governance. The PROGRESS Act amends subchapter I of the Indian Self-
Determination and Education Assistance Act (ISDEAA), 25 U.S.C. 5301 et 
seq., which addresses Indian Self-Determination, and subchapter IV of 
the ISDEAA which addresses the Department's Tribal Self-Governance 
Program. The PROGRESS Act calls for a negotiated rulemaking committee 
to be established under 5 U.S.C. 565, with membership consisting only 
of representatives of Federal and Tribal governments, with the Office 
of Self-Governance serving as the lead agency for the Department. The 
PROGRESS Act also authorizes the Secretary to adapt negotiated 
rulemaking procedures to the unique context of self-governance and the 
government-to-government relationship between the United States and 
Indian Tribes.
Indian Business Incubators Program (1076-AF63)
    This rule would establish the structure for the Office of Indian 
Energy and Economic Development (IEED) to implement the Native American 
Business Incubators Program, which was established by statute in 
October 2020. The rule will establish how IEED will provide competitive 
grants to eligible applicants to establish and operate business 
incubators that serve Tribal reservation communities. The business 
incubators will provide tailored business incubation services to Native 
businesses and Native entrepreneurs to overcome the unique obstacles 
they confront in offering products and services to reservation 
communities.
Agricultural Leasing of Indian Land (1076-AF66)
    This rule would update provisions addressing leasing of trust or 
restricted land (Indian land) for agricultural purposes to reflect 
updates that have been made to business and residential leasing 
provisions and address outdated provisions.
Federal Recognition of Tribes Under Alaska IRA (1076-AF51)
    This rule will establish criteria and procedures for groups seeking 
recognition as Tribes under the Alaska Indian Reorganization Act 
(Alaska IRA), which is separate and distinct from the Indian 
Reorganization Act of 1934, which has its own set of regulations for 
seeking recognition as Tribes. The Alaska IRA provides that groups of 
Indians in Alaska having a common bond of occupation, or association, 
or residence within a well-defined neighborhood, community, or rural 
district may organize to adopt constitutions and bylaws and receive 
charters of incorporation and Federal loans. This rule will also 
establish what documents are required to apply. To date, there has been 
no regulatory process or criteria established for seeking recognition 
under the Alaska IRA.
Elections of Osage Minerals Council (1076-AF58)
    Current BIA regulations address how BIA conducts elections of 
offices of the Osage Tribe, including provisions addressing nominating 
conventions and

[[Page 5101]]

petitions, election notices, opening and closing of polls, ballots, and 
contesting elections. This rule will remove outdated and unnecessary 
provisions. . Statutory changes and the Osage Nation Constitution have 
significantly pared down the role of BIA in the Tribe's elections. The 
only remaining portion that will be included in this rule states that 
BIA will provide, at the Osage Nation's request, a list of voters and 
their headright interests to the Osage Minerals Council Election Board.

Bureau of Indian Education

    The Bureau of Indian Education (BIE) mission is to provide students 
at BIE-funded schools with a culturally relevant, high-quality 
education that prepares students with the knowledge, skills, and 
behaviors needed to flourish in the opportunities of tomorrow, become 
healthy and successful individuals, and lead their communities and 
sovereign nations to a thriving future that preserves their unique 
cultural identities. The BIE is the preeminent provider of culturally 
relevant educational services and supports provided by highly effective 
educators to students at BIE-funded schools to foster lifelong 
learning.
Regulatory and Deregulatory Actions
    As BIE continues its work to fulfill its mission while keeping 
students and school staff safe and healthy, BIE finalized a new 
regulation in FY 2021 that will allow individual BIE-operated schools 
to retain the funding received through leasing their lands and 
facilities to third-parties, and direct that funding back into the 
school (86 FR 34943, July 1, 2021). The new regulation will also allow 
individual BIE-operated schools to retain fundraising proceeds and use 
those proceeds for the benefit of the school.
Appeals From Administrative Actions (1076-AF64)
    This rule would clarify the processes for appeals of actions taken 
by officials in the Office of the Assistant Secretary Indian Affairs, 
BIA, BIE, and BTFA (collectively, Indian Affairs).

Bureau of Land Management

    The BLM manages more than 245 million acres of public land, known 
as the National System of Public Lands, primarily located in 12 Western 
states, including Alaska. The BLM also administers 700 million acres of 
sub-surface mineral estate throughout the Nation. The agency's mission 
is to sustain the health, diversity, and productivity of America's 
public lands for the use and enjoyment of present and future 
generations.
Regulatory and Deregulatory Actions
    The BLM has identified the following priority rulemaking actions 
for FY 2022:
Livestock Grazing (1004-AE82)
    This proposed rule would revise BLM's grazing regulations to 
improve resource management and increase efficiency by streamlining and 
clarifying grazing processes and improving coordination among Federal, 
State, and local government entities. The proposed rule would revise 
the regulations at 43 CFR parts 4100, 1600, and 1500. These revisions 
and additions would help to provide the public and land managers with 
accurate and reliable information regarding grazing administration on 
public lands.
Update of the Communications Uses Program, Right-of-Way Cost Recovery 
Fee Schedules, and Section 512 of FLPMA for Rights-of-Way (1004-AE60)
    The BLM is proposing amendments to its existing ROW regulations to 
streamline and improve efficiencies in the communications uses program, 
update the cost recovery fee schedules for ROW work activities, and 
include provisions governing the development and approval of operating 
plans and agreements for ROWs for electric transmission and 
distribution facilities. Communications uses, such as broadband, are a 
subset of ROW activities authorized under the Federal Land Policy and 
Management Act of 1976 (FLPMA), as amended. Cost recovery fees apply to 
most ROW activities authorized under either FLPMA or the Mineral 
Leasing Act of 1920, as amended. This proposed rule would also 
implement vegetation management requirements included in the 
Consolidated Appropriations Act, 2018 (codified at 43 U.S.C. 1772) to 
address fire risk from and to power-line ROWs on public lands and 
national forests. The regulatory amendments would also codify 
legislated agency requirements regarding review and approval of 
utilities maintenance plans, liability limitations, and definitions of 
hazard trees and emergency conditions.
Bonding (1004-AE68)
    This proposed rule would update the bonding procedures for ROWs on 
BLM-managed public land. The proposed rule would revise the bonding 
portion of the BLM's ROW regulations to make them clearer and easier to 
understand, which would facilitate efficient bond calculations.
Rights-of-Way, Leasing and Operations For Renewable Energy and 
Transmission Lines 43 CFR Parts 2800, 2880, 3200 (1004-AE78)
    This proposed rule would revise BLM's regulations for ROWs, 
leasing, and operations related to all activities associated with 
renewable energy and transmission lines. The Energy Act of 2020 and 
E.O. 14008 prioritize the Department's need to improve permitting 
activities and processes to facilitate increased renewable energy 
production on public lands.
Waste Prevention, Production Subject to Royalties, and Resource 
Conservation 43 CFR Parts 3160 and 3170 (1004-AE79)
    This proposed rule would update BLM's regulations governing the 
waste of natural gas through venting, flaring, and leaks on onshore 
Federal and Indian oil and gas leases. The proposed rule would address 
the priorities associated with Executive Order 14008. In addition, in 
accordance with Executive Order 13990, this proposed rule would reduce 
methane emissions in the oil and gas sector and mitigate impacts of 
climate change.
Revision of Existing Regulations Pertaining to Fossil Fuel Leases and 
Leasing Process 43 CFR Parts 3100 and 3400 (1004-AE80)
    This proposed rule would revise BLM's fossil fuel regulations to 
update the fees, rents, royalties, and bonding requirements related to 
oil and gas leasing, development, and production. The proposed rule 
would also update BLM's process for leasing to ensure the protection 
and proper stewardship of the public lands, including potential climate 
and other impacts associated with fossil fuel activities.
Revision of Existing Regulations Retaining to Leasing and Operations of 
Geothermal 43 CFR Part 3200 (1004-AE84)
    This proposed rule would update and codify BLM's Geothermal 
Resource Orders into regulation, including common geothermal standard 
practices, and inspection requirements and procedures.
Protection, Management, and Control of Wild Horses and Burros 43 CFR 
Part 4700 (1004-AE83)
    This proposed rule would address wild horse and burro management 
challenges by adding regulatory tools that better reflect BLM's current 
statutory authorities. For example, the existing regulations do not 
address certain management authorities that Congress has provided since 
1986 to

[[Page 5102]]

control wild horse and burro populations, such as the BLM's authority 
to sell excess wild horses and burros. Updating the regulations would 
also facilitate management strategies and priorities that were not 
utilized when the regulations were originally promulgated, such as the 
application of fertility control vaccines, managing for nonreproducing 
herds, and feeding and caring for unsold and unadopted animals at off-
range corrals and pastures. The proposed rule would also clarify 
ambiguities and management limitations in the existing regulations.

Bureau of Ocean Energy Management

    The mission of BOEM is to manage development of U.S. OCS energy and 
mineral resources in an environmentally and economically responsible 
way. The BOEM is responsible for stewardship of U.S. OCS energy and 
mineral resources, as well as protecting the environment that the 
development of those resources may impact. The resources we manage 
belong to the American people and future generations of Americans; wise 
use of and fair return for these resources are foremost in our 
management efforts.
    In accordance with its statutory mandate under OCSLA, BOEM is 
committed to implementing its dual mission of promoting the expeditious 
and orderly development of the Nation's energy resources while 
simultaneously protecting the marine, human, and coastal environment of 
the OCS State submerged lands and the coastal communities. Consistent 
with the policy outlined by the administration in E.O. 14008, BOEM is 
reevaluating all of its programs related to the offshore development of 
energy and mineral resources offshore. The BOEM is working with the 
Department as a whole to review options for expanding renewable energy 
production while evaluating alternatives to better protect the lands, 
waters, and biodiversity of species located within the U.S. exclusive 
economic zone.
Regulatory and Deregulatory Actions
    In FY 2022, the BOEM plans to prioritize the following rulemaking 
actions:
Renewable Energy Modernization Rule (1010-AE04)
    The BOEM's most important regulatory initiative is focused on 
expanding offshore wind energy's role in strengthening U.S. energy 
security and independence, create jobs, provide benefits to local 
communities, and further develop the U.S. economy. The BOEM's renewable 
energy program has matured over the past 10 years, a time in which BOEM 
has conducted numerous auctions and issued and managed multiple 
commercial leases. Based on this experience, BOEM has identified 
multiple opportunities to update its regulations to better facilitate 
the development of renewable energy resources and to promote U.S. 
energy independence.
    The BOEM is proposing a rule that would update the existing 
renewable energy regulations to help facilitate the timely and 
responsible development of renewable energy resources on the OCS and 
promote U.S. energy independence. This proposed rule contains reforms 
identified by BOEM and recommended by industry, including proposals for 
incremental funding of decommissioning accounts; more flexible 
geophysical and geotechnical survey submission requirements; 
streamlined approval of meteorological buoys; revised project 
verification procedures; and greater clarity regarding safety 
requirements. This rule advances the administration's energy policies 
in a safe and environmentally sound manner that provides a fair return 
to the American taxpayer while, at the same time, significantly 
reducing industry development.
Air Quality Rule (1010-AE09)
    In accordance with the administration's renewed commitment to 
ensure the robust protection for the lands, waters, and biodiversity of 
the United States, BOEM is reevaluating the entirety of its air quality 
regulatory program and will propose further enhancements. The BOEM and 
the Department are proposing a new offshore air quality rule to tighten 
pollution standards for offshore operations and require improved 
pollution control technology. The proposed rule would amend regulations 
for air quality measurement, evaluation, and control for offshore oil 
and gas operations. The goal of this new proposed rule would be to 
improve the ambient air quality of the coastal States and their 
corresponding State submerged lands by addressing a number of issues 
that were not addressed by BOEM's prior final air quality rule. The 
BOEM expects to revisit a number of the topics that were originally 
reviewed in 2016.

Bureau of Safety and Environmental Enforcement

    The Bureau of Safety and Environmental Enforcement's (BSEE) mission 
is to promote safety, protect the environment, and conserve resources 
offshore through vigorous regulatory oversight and enforcement. The 
BSEE is the lead Federal agency charged with improving safety and 
ensuring environmental protection related to conventional and renewable 
energy activities on the U.S. OCS.
Regulatory and Deregulatory Actions
    The BSEE has identified the following rulemaking priorities for FY 
2022:
Oil-Spill Response Requirements for Facilities Located Seaward of the 
Coast Line Proposed Rule (1014-AA44)
    The Oil Spill Response Requirements regulations in 30 CFR part 254 
were last updated over 20 years ago (62 FR 13996, Mar. 25, 1997). This 
proposed rule would update the existing regulations in order to 
incorporate the latest advancements in spill response and preparedness 
policies and technologies, as well as lessons learned and 
recommendations from reports related to the Deepwater Horizon explosion 
and subsequent oil spill.
Revisions to Subpart J--Pipelines and Pipeline Rights-of-Way Proposed 
Rule (1014-AA45)
    This proposed rule would revise specific provisions of the current 
Pipelines and Pipeline ROW regulations under 30 CFR 250 subpart J in 
order to bring those regulations up to date with current technology and 
state-of-the-art safety equipment and procedures, primarily through the 
incorporation of industry standards.
Outer Continental Shelf Lands Act; Operating in High-Pressure and/or 
High-Temperature (HPHT) Environments (1014-AA49)
    Currently, BSEE has no regulations specific to high pressure and/or 
high temperature (HPHT) projects, requiring BSEE to issue multiple 
guidance documents clarifying the specific HPHT information prospective 
operators should submit to BSEE to support the Bureau's programmatic 
reviews and approvals of such projects. This proposed rule would 
formally codify BSEE's existing process for reviewing and approving 
projects in HPHT environments.
Oil and Gas and Sulfur Operations in the Outer Continental Shelf-
Blowout Preventer Systems and Well Control Revisions (1014-AA52)
    The BSEE is revising existing regulations for well control and 
blowout preventer systems.

[[Page 5103]]

Bureau of Ocean Energy Management, and Bureau of Safety and 
Environmental Enforcement Renewable Energy Split Final Rule (1082-AA03)
    The BOEM currently has authority over all renewable energy 
activities on the OCS under regulations at 30 CFR part 585. The BOEM 
and BSEE are in the process of amending the Department's Manual 
chapters to transfer the safety, environmental enforcement, and 
compliance functions relevant to renewable energy activities from BOEM 
to BSEE. Consistent with that effort, BSEE and BOEM would amend their 
respective regulations to reflect the split of functions between the 
two Bureaus.

Office of the Chief Information Officer

    The Office of the Chief Information Officer (OCIO) provides 
leadership to the Department and its Bureaus in all areas of 
information management and technology. To successfully serve the 
Department's multiple missions, the OCIO applies modern Information 
Technology tools, approaches, systems, and products. Effective and 
innovative use of technology and information resources enables 
transparency and accessibility of information and services to the 
public.
    For FY 2022, OCIO is working on these priority rules:
Network Security System of Records (1090-AB14)
    This rule would revise the Department's Privacy Act regulations at 
43 CFR 2.254 to claim Privacy Act exemptions for certain records in the 
DOI-49, Network Security, system of records from one or more provisions 
of the Privacy Act pursuant to 5 U.S.C 552a(j) and (k), because of 
criminal, civil, and administrative law enforcement requirements.
Insider Threat Program System of Records (1090-AB15)
    This rule would revise the Department's Privacy Act regulations at 
43 CFR 2.254 to claim Privacy Act exemptions for certain records in the 
DOI-50, Insider Threat Program, system of records from one or more 
provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k), 
because of criminal, civil, and administrative law enforcement 
requirements.
Personnel Security Files System of Records (1090-AB16)
    This rule would revise the Department's Privacy Act regulations at 
43 CFR 2.254 to claim Privacy Act exemptions for certain records in the 
DOI-45, Personnel Security Files, system of records from one or more 
provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k), because of 
criminal, civil, and administrative law enforcement requirements.
Social Security Number Fraud Prevention Act of 2017 Implementation 
(1090-AB24)
    This direct final rule will amend 43 CFR part 2 to add subpart M to 
implement the Social Security Number Fraud Prevention Act of 2017, 
which directs Federal agencies to issue regulations that prohibit the 
inclusion of an individual's Social Security number (SSN) on any 
document sent through the mail unless the Secretary deems it necessary. 
The regulations also include requirements for protecting documents with 
SSNs sent through postal mail.

Office of Environmental Policy and Compliance

    The Office of Environmental Policy and Compliance (OEPC) serves as 
a leader in conservation stewardship and the sustainable development 
and use of Department-managed resources for the benefit of the public. 
The office fosters partnerships to enhance resource use and protection, 
as well as to expand public access to safe and clean lands under the 
Department's jurisdiction. The office also strives to continually 
streamline environmental policies and procedures to increase management 
effectiveness and efficiency, reduce duplicative practices, and realize 
cost savings.
    For FY 2022, OEPC will publish in the Federal Register:
Implementation of the National Environmental Policy Act (NEPA) of 1969 
(1090-AB18)
    This rule would develop regulations to streamline OEPC's NEPA 
process and comply with E.O. 13990 and SO 3399.

Office of Grants Management

    The Office of Grants Management is responsible for providing 
executive leadership, oversight, and policy for the financial 
assistance across the Department.
Financial Assistance Interior Regulation (1090-AB23)
    This rule will align the Department's regulations with new 
regulatory citations and requirements adopted by the Office of 
Management and Budget (OMB). On August 13, 2020, OMB published a 
revision to sections of Title 2 of the Code of Federal Regulations, 
Guidance for Grants and Agreements. The revision was an administrative 
simplification and did not make any substantive changes to 2 CFR part 
200 policies and procedures. This rule will codify these changes in the 
Department's financial assistance regulations located in 2 CFR part 
1402. (86 FR 57529, October 18, 2021).

Office of Hearings and Appeals

    The Office of Hearings and Appeals (OHA) exercises the delegated 
authority of the Secretary to conduct hearings and decide appeals from 
decisions of the Bureaus and Offices of the Department. The OHA 
provides an impartial forum for parties who are affected by the 
decisions of the Department's Bureaus and Offices to obtain independent 
review of those decisions. The OHA also handles the probating of Indian 
trust estates, ensuring that individual Indian interests in allotted 
lands, their proceeds, and other trust assets are conveyed to the 
decedents' rightful heirs and beneficiaries.
Updates to American Indian Probate Regulations (1094-AA55)
    This final rule will make regulatory changes relating to efficiency 
and streamlining of probate processes, ensuring that the Department 
meets its trust obligations, and helping achieve the American Indian 
Probate Reform Act/statutory goal of reducing fractionalization of 
trust property interests.
Practices Before the Department of Interior (1094-AA56)
    This direct final rule will amend existing regulations to keep up 
to date office addresses for hearings and appeals purposes, to allow 
for the OHA Director to issue interim orders in emergency 
circumstances, and to allow for the OHA Director to issue standing 
orders that will improve OHA's service to the public and the parties by 
modernizing its processes.

Office of Natural Resources Revenue

    The Office of Natural Resources Revenue (ONRR) continues to 
collect, account for, and disburse revenues from Federal offshore 
energy and mineral leases and from onshore mineral leases on Federal 
and Indian lands. The ONRR operates nationwide and is primarily 
responsible for the timely and accurate collection, distribution, and 
accounting of revenues associated with mineral and energy production.
ONRR 2020 Valuation Reform and Civil Penalty Rule: Final Withdrawal 
Rule (1012-AA27)
    The ONRR is withdrawing the ONRR 2020 Valuation Reform and Civil

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Penalty Rule (86 FR 54045, September 30, 2021).
Amendments to ONRR's Mail Addresses Listed in Tiltle30 CFR, Chapter XII 
(1012-AA28)
    This rule will amend mailing addresses listed in parts of Title 30 
CFR, Chapter XII due to ONRR's main building renovation, which changed 
the organizations mailing addresses.
Civil Monetary Penalty Rates Inflation Adjustments for Calendar Year 
2022 (1012-AA31)
    This rule will adjust the maximum civil monetary penalty rates for 
inflation and announces the rates applicable to calendar year 2022.

Office of Small and Disadvantaged Business Utilization

    The Office of Small and Disadvantaged Business Utilization advises 
the Secretary on small business issues and collaborates with leadership 
to maximize small business opportunities. The office implements 
policies, procedures, and training programs for the Department to 
emphasize its commitment to contracting with small businesses. The 
mission also includes outreach to small and disadvantaged business 
communities, including Indian economic enterprises, small 
disadvantaged, women-owned, veteran-owned, service-disabled veteran 
owned, small businesses located in historically underutilized business 
zones areas, and the Ability One Program.
Department of the Interior Acquisition Regulations, Buy Indian Act 
Acquisition Regulations (1090-AB21)
    This rule would revise regulations implementing the Buy Indian Act, 
which provides the Department with authority to set aside procurement 
contracts for Indian-owned and controlled businesses. These revisions 
would eliminate barriers to Indian Economic Enterprises from competing 
on certain construction contracts, expand Indian Economic Enterprises' 
ability to subcontract construction work consistent with other socio-
economic set-aside programs, and give greater preference to Indian 
Economic Enterprises when a deviation from the Buy Indian Act is 
necessary, among other updates (86 FR 59338, October 27, 2021).

Office of Surface Mining Reclamation and Enforcement

    The Office of Surface Mining Reclamation and Enforcement (OSMRE) 
was created by the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The OSMRE works with States and Tribes to ensure that citizens 
and the environment are protected during coal mining and that the land 
is restored to beneficial use when mining is finished. The OSMRE and 
its partners are also responsible for reclaiming and restoring lands 
and water degraded by mining operations before 1977. The OSMRE focuses 
on overseeing the state programs and developing new tools to help the 
states and tribes get the job done.
    The OSMRE also works with colleges and universities and other State 
and Federal agencies to further the science of reclaiming mined lands 
and protecting the environment, including initiatives to promote 
planting more trees and establishing much-needed wildlife habitat.
Regulatory and Deregulatory Actions
    The OSMRE does not currently expect to finalize any significant 
regulatory actions during FY 2022. The OSMRE does anticipate 
publishing:
Ten Day Notices (1029-AC81)
    This rule would reexamine OSMRE's regulations on the ten-day 
notices rule that went into effect on December 24, 2020.
Emergency Preparedness for Impoundments (1029-AC82)
    This rule would incorporate certain aspects of the Federal 
Guidelines for Dam Safety (FGDS) into OSMRE's existing regulations. 
These regulations relate to emergency preparedness for impoundments and 
propose to incorporate the FGDS Emergency Action Plans (EAP) and After-
Action Reports (AAR). The proposed rule may result in revisions to 
OSMRE's regulations at 30 CFR 701.5, 780.25, 784.16, 816.49, 817.49, 
816.84, and 817.84. Also, OSMRE may add new provisions to the 
regulations to explain the EAP and AAR requirements and align the 
classification of impoundments with industry and other Government 
agency standards.

U.S. Fish and Wildlife Service

    The mission of FWS is to work with others to conserve, protect, and 
enhance fish, wildlife, and plants and their habitats for the 
continuing benefit of the American people. The FWS also provides 
opportunities for Americans to enjoy the outdoors and our shared 
natural heritage. The FWS also promotes and encourages the pursuit of 
recreational activities such as hunting and fishing and wildlife 
observation.
    The FWS manages a network of 567 NWRs, with at least one refuge in 
each U.S. State and territory, and with more than 100 refuges close to 
major urban centers. The Refuge System plays an essential role in 
providing outdoor recreation opportunities to the American public. In 
2019, more than 59 million visitors went to refuges to hunt, fish, 
observe or photograph wildlife, or participate in environmental 
education or interpretation.
    The FWS fulfills its responsibilities through a diverse array of 
programs that:
     Protect and recover endangered and threatened species;
     Monitor and manage migratory birds;
     Restore nationally significant fisheries;
     Enforce Federal wildlife laws and regulate international 
trade;
     Conserve and restore wildlife habitat such as wetlands;
     Manage and distribute over a billion dollars each year to 
States, territories, and Tribes for fish and wildlife conservation;
     Help foreign governments conserve wildlife through 
international conservation efforts; and
     Fulfill our Federal Tribal trust responsibility.
Regulatory and Deregulatory Actions
    The FWS has identified the following priority rulemaking actions 
for FY 2022:
Regulations Under the Endangered Species Act (ESA):
    The FWS will promulgate multiple regulatory actions under the ESA 
to prevent the extinction of and facilitate the recovery of both 
domestic and foreign animal and plant species. Accordingly, FWS will 
add species to, remove species from, and reclassify species on the 
Lists of Endangered and Threatened Wildlife and Plants and designate 
critical habitat for certain listed species, in accordance with the 
National Listing Workplan. The Workplan enables FWS to prioritize 
workloads based on the needs of candidate and petitioned species, while 
providing greater clarity and predictability about the timing of 
listing determinations to State wildlife agencies, nonprofit 
organizations, and other stakeholders and partners. The Workplan 
represents the conservation priorities of FWS based on its review of 
scientific information. The goal is to encourage proactive conservation 
so that Federal protections are not needed in the first place. The FWS 
also plans to promulgate several species-specific rules to protect 
threatened species under section 4(d) of the ESA.

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    The Unified Agenda includes rulemaking actions pertaining to these 
issues:
Endangered and Threatened Wildlife and Plants; Revised Designation of 
Critical Habitat for the Northern Spotted Owl (1018-BF01)
    This rule revised the designated critical habitat for the northern 
spotted owl (Strix occidentalis caurina) under the ESA. After a review 
of the best available scientific and commercial information, FWS 
withdrew the January 15, 2021, final rule that would have excluded 
approximately 3.4 million acres of designated critical habitat for the 
northern spotted owl. Instead, FWS revised the species' designated 
critical habitat by excluding approximately 204,294 acres (82,675 
hectares) in Benton, Clackamas, Coos, Curry, Douglas, Jackson, 
Josephine, Klamath, Lane, Lincoln, Multnomah, Polk, Tillamook, 
Washington, and Yamhill Counties, Oregon, under section 4(b)(2) of the 
Act (86 FR 62606, November 10, 2021).
Endangered and Threatened Wildlife and Plants; Listing Determination 
and Critical Habitat Designation for the Monarch Butterfly (1018-BE30)
    This rule would list the monarch butterfly under the ESA in FY 
2024, if listing is still warranted at that time. FWS would also 
propose to designate critical habitat for the species, if prudent and 
determinable.
Endangered and Threatened Wildlife and Plants; Revision of the 
Regulations for Listing Endangered and Threatened Species and 
Designation of Critical Habitat (1018-BE69)
    The FWS and the National Marine Fisheries Service propose to 
rescind the final rule titled ``Regulations for Listing Endangered and 
Threatened Species and Designating Critical Habitat'' that was 
published on December 16, 2020, and became effective on January 15, 
2021. The proposed rescission, if finalized, would remove the 
regulatory definition of ``habitat'' established by that rule.
Endangered and Threatened Wildlife and Plan; Revision of the 
Regulations for Designating Critical Habitat (1018-BD84)
    The FWS proposes to rescind the final rule titled ``Endangered and 
Threatened Wildlife and Plants; Regulations for Designating Critical 
Habitat'' that published on December 18, 2020, and became effective 
January 19, 2021. The proposed rescission, if finalized, would remove 
the regulations established by that rule.
Endangered and Threatened Wildlife and Plants; Regulations for Listing 
Endangered and Threatened Species and Designating Critical Habitat 
(1018-BF95)
    This joint Departments of Commerce and the Interior (the 
Departments) rule would review the previous rulemaking action with the 
title ``Endangered and Threatened Wildlife and Plants; Regulations for 
Listing Species and Designating Critical Habitat,'' (84 FR 45020; 
August 27, 2019), in which we revised the regulations for adding and 
removing species from the Lists of Endangered and Threatened Wildlife 
and Plants and clarified procedures for designation of critical 
habitat. The Departments' review will determine whether and how that 
rule should be revised.
Endangered and Threatened Wildlife and Plants; Revisiting the 
Interagency Cooperation Final Rule (1018-BF96)
    This joint rule by the Departments of Commerce and the Interior 
would review Endangered and Threatened Wildlife and Plants; Regulations 
for Interagency Cooperation (84 FR 44976; August 27, 2019) to determine 
whether and how the rule should be revised or rescinded.
Endangered and Threatened Wildlife and Plants; Compensatory Mitigation 
Mechanisms Under the Endangered Species Act (1018-BF63):
    This rulemaking action would address section 329 of the National 
Defense Authorization Act for Fiscal Year 2021, Objectives, Performance 
Standards, and Criteria for Use of Wildlife Conservation Banking 
Programs. This law requires FWS to publish an advance notice of 
proposed rulemaking (ANPRM) by January 1, 2022. The purpose of the 
ANPRM is to inform FWS's development of regulations related to wildlife 
conservation banking to ensure opportunities for Department of Defense 
participation in wildlife conservation banking programs pursuant to 
section 2694c of title 10, United States Code.
Regulations Governing Take of Migratory Birds (1018-BD76):
    On January 7, 2021, the FWS published a final rule defining the 
scope of the Migratory Bird Treaty Act (MBTA) as it applies to conduct 
resulting in the injury or death of migratory birds protected by the 
MBTA. We are now revoking that rule. The effect of this rule is a 
return to implementing the MBTA as prohibiting incidental take and 
applying enforcement discretion, consistent with judicial precedent.
Protection of Migratory Birds; Definitions and Authorizations (1018-
BF71)
    This rule would amend FWS regulations by providing definitions to 
terms used in the MBTA. This proposed rule would clarify that the 
MBTA's prohibitions on taking and killing migratory birds includes 
foreseeable, direct taking and killing that is incidental to other 
activities. The rule would also propose to establish authorizations for 
compliance with MBTA prohibitions.
Eagle Permits; Incidental Take (1018-BE70)
    This rule would provide potential approaches for further expediting 
and simplifying the permit process authorizing incidental take of 
eagles. The new process would improve and make more efficient the 
permitting process for incidental take of eagles in a manner that is 
compatible with the preservation of bald and golden eagles.
Possession of Eagle Specimens for Religious Purposes (1018-BB88)
    This rule would propose extending legal access to bald and golden 
eagle parts and feathers for religious use to persons other than 
enrolled members of federally recognized Tribes.
2021-2022 Station-Specific Hunting and Sport Fishing Regulations (1018-
BF09)
    The FWS opens, for the first time, seven National Wildlife Refuges 
(NWRs) that are currently closed to hunting and sport fishing. In 
addition, the Service opens or expands hunting and sport fishing at 81 
other NWRs and adds pertinent station-specific regulations for other 
NWRs that pertain to migratory game bird hunting, upland game hunting, 
big game hunting, and sport fishing for the 2021-2022 season. The 
Service also opens hunting or sport fishing on one unit of the National 
Fish Hatchery System (NFH). We add pertinent station-specific 
regulations that pertain to migratory game bird hunting, upland game 
hunting, big game hunting, and sport fishing at this NFH for the 2021-
2022 season. Finally, we make regulatory changes to existing station-
specific regulations in order to reduce the regulatory burden on the 
public, increase access for hunters and anglers on Service lands and 
waters, and comply with a Presidential mandate for plain language 
standards (86 FR 48822, August 31, 2021).

[[Page 5106]]

Revision of Regulations Implementing the Convention on International 
Trade in Endangered Species of Wild Fauna and Flora (CITES); Updates 
Following the Eighteenth Meeting of the Conference of the Parties 
(CoP18) to CITES (1018-BF14)
    The FWS is taking direct final action to revise regulations that 
implement the Convention on International Trade in Endangered Species 
of Wild Fauna and Flora (CITES or Treaty) by incorporating certain non-
controversial provisions adopted at the sixteenth through eighteenth 
meetings of the Conference of the Parties (CoP16-CoP18) to CITES and 
clarifying and updating certain other provisions. These changes will 
bring U.S. regulations in line with certain revisions adopted at the 
three most recent meetings of the CoP, which took place in March 2013 
(CoP16), September-October 2016 (CoP17), and August 2019 (CoP18). The 
revised regulations will help FWS more effectively promote species 
conservation, help us continue to fulfill our responsibilities under 
the Treaty, and help those affected by CITES to understand how to 
conduct lawful international trade.

National Park Service

    The National Park Service (NPS) preserves the natural and cultural 
resources and values within 423 units of the National Park System 
encompassing more than 85 million acres of lands and waters for the 
enjoyment, education, and inspiration of this and future generations. 
The NPS also cooperates with partners to extend the benefits of 
resource conservation and outdoor recreation throughout the United 
States and the world.
Regulatory and Deregulatory Actions
    The following are the NPS's rulemaking priorities during FY 2022 
year:
Native American Graves Protection and Repatriation Act Regulations 
(1024-AE19)
    This rule would revise the NAGPRA implementing regulations. The 
rule would eliminate ambiguities, correct inaccuracies, simplify 
excessively burdensome and complicated requirements, clarify timelines, 
and remove offensive terminology in the existing regulations that have 
inhibited the respectful repatriation of most Native American human 
remains. This rule would simplify and improve the regulatory process 
for repatriation and thereby advance the goals of racial justice, 
equity, and inclusion.
Colonial National Historical Park; Vessels and Commercial Passenger-
Carrying Motor Vehicles (1024-AE39)
    This final rule will amend the special regulations for Colonial 
National Historical Park. This rule will remove a regulation that 
prevents the Superintendent from designating sites within the park for 
launching and landing private vessels. The rule will also remove 
outdated permit and fee requirements for commercial passenger-carrying 
vehicles.
Visitor Experience Improvements Authority Contracts (1024-AE47)
    This proposed rule would implement the Visitor Experience 
Improvements Authority (VEIA) given to NPS by Congress in title VII of 
the National Park Service Centennial Act. This authority allows the NPS 
to award and administer commercial services contracts for the operation 
and expansion of commercial visitor facilities and visitor services 
programs in units of the National Park System. The VEIA supplements but 
does not replace the existing authority granted to the NPS in the 
Concessions Management Improvement Act of 1988 to enter into concession 
contracts.
Whiskeytown National Recreation Area; Bicycling (1024-AE52)
    This rule would allow bicycles on approximately 75 miles of trails 
throughout Whiskeytown National Recreation Area; 17 miles of trail will 
be newly constructed. Bicycling is an established use at the recreation 
area that has never been properly authorized under NPS bicycle 
regulations.
Pictured Rocks National Lakeshore; Snowmobiles (1024-AE53)
    This final rule will clarify where snowmobiles may be used within 
the boundaries of the Lakeshore by replacing general language allowing 
snowmobiles on unplowed roads and the shoulders of plowed roads with a 
comprehensive list of designated snowmobile routes.
Gulf Islands National Seashore; Personal Watercraft (1024-AE55)
    This final rule will amend special regulations for Gulf Island 
National Seashore that govern the use of personal watercraft (PWC) 
within the National Seashore in Mississippi and Florida. NPS 
regulations only allow for the operation of PWCs in park areas were 
authorized by special regulation.
Commercial Visitor Services; Concession Contracts (1024-AE57)
    This final rule will revise regulations that govern the 
solicitation, award, and administration of concessions contracts to 
provide commercial visitor services at National Park System units under 
the Concessions Management Improvement Act of 1998. This rule would 
reduce administrative burdens and expand sustainable, high quality, and 
contemporary concessioner-provided visitor services in national parks.
Curation of Federally-Owned and Administered Archeological Collections 
(1024-AE58)
    This final rule will amend the regulations for the curation of 
federally-owned and administered archeological collections to establish 
definitions, standards, and procedures to dispose of particular 
material remains that are determined to be of insufficient 
archaeological interest. This rule will promote more efficient and 
effective curation of these archeological collections.
Ozark National Scenic Riverways; Motorized Vessels (1024-AE62)
    This rule would amend special regulations for Ozark National Scenic 
Riverways. The rule would modify regulations governing the use of 
motorized vessels within the Riverways to help accommodate a variety of 
desired river conditions and recreational uses, promote high quality 
visitor experiences, promote visitor safety, and minimize conflicts 
among different user groups. The rule would implement a management 
action that represents a compromise between user groups and was the 
result of a long planning process with robust community engagement.
Mount Rainier National Park; Fishing (1024-AE66)
    This rule would revise special regulations for Mount Rainier 
National Park to remove all fishing closures and restrictions from 36 
CFR 7.5. Instead, the NPS would manage fishing though administrative 
orders in the Superintendent's Compendium. This action would help 
implement a 2018 Fish Management Plan that aims to conserve native fish 
populations and restore aquatic ecosystems by reducing or eliminating 
nonnative fish.

Bureau of Reclamation

    The Bureau of Reclamation's Reclamation mission is to manage, 
develop, and protect water and related resources in an environmentally 
and economically sound manner in the interest of the American public. 
To accomplish this mission, Reclamation employs management, 
engineering, and

[[Page 5107]]

science to achieve effective and environmentally sensitive solutions.
    Reclamation's projects provide: Irrigation water service; municipal 
and industrial water supply; hydroelectric power generation; water 
quality improvement; groundwater management; fish and wildlife 
enhancement; outdoor recreation; flood control; navigation; river 
regulation and control; system optimization; and related uses. In 
addition, Reclamation continues to provide increased security at its 
facilities.
Regulatory and Deregulatory Actions
    Reclamation's rulemaking priorities for FY 2022 include the 
following:
Public Conduct on Bureau of Reclamation Facilities, Lands and 
Waterbodies (1006-AA58)
    This proposed update to an existing rule would revise existing 
definitions for the use of aircraft, the possession of firearms, 
camping, swimming, and winter recreation for the wide range of 
circumstances found across Reclamation and would clarify the permitting 
of memorials and correct inconsistencies found within this part.

Departmental

    For FY 2022, the Department intends to publish in the Federal 
Register:
Paleontological Resources Preservation. (1093-AA25)
    This rule addresses the management, collection, and curation of 
paleontological resources on or from Federal lands administered by the 
Department using scientific principles and expertise, including 
collection in accordance with permits; curation in an approved 
repository; and maintenance of confidentiality of specific locality 
data.
BILLING CODE 4334-63-P

DEPARTMENT OF JUSTICE (DOJ)--FALL 2021

Statement of Regulatory Priorities

    The mission of the Department of Justice is to uphold the rule of 
law, to protect the public against foreign and domestic threats, to 
provide Federal leadership in preventing and controlling crime, and to 
ensure equal justice under the law for all. In carrying out this 
mission, the Department is guided by the core values of integrity, 
fairness, and commitment to promoting the impartial administration of 
justice--including for those in historically underserved, vulnerable, 
or marginalized communities. Consistent with its mission and values, 
the Department is prioritizing activities that strengthen enforcement 
of civil rights laws, defend against domestic and international 
terrorism, combat gun violence, and reform criminal justice systems. 
Because the Department of Justice is primarily a law enforcement 
agency, not a regulatory agency, it carries out its principal 
investigative, prosecutorial, and other enforcement activities through 
means other than the regulatory process.
    The regulatory priorities of the Department include initiatives in 
the areas of immigration, criminal justice reform, and gun violence 
reduction. Those initiatives, as well as regulatory initiatives by 
several other components carrying out key law enforcement priorities, 
are summarized below.

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

    ATF issues regulations to enforce the Federal laws relating to the 
manufacture, importation, sale, and other commerce in firearms and 
explosives. ATF's mission and regulations are designed to, among other 
objectives: (1) Curb illegal traffic in, and criminal use of, firearms 
and explosives; and (2) assist State, local, and other Federal law 
enforcement agencies in reducing violent crime. ATF will continue, as a 
priority during fiscal year 2021, to seek modifications to its 
regulations governing commerce in firearms and explosives in 
furtherance of these important goals.
    ATF plans to finalize regulations regarding definitions of firearm, 
firearm frame or receiver, gunsmith, complete weapon, complete muffler 
or silencer device, privately made firearm, and readily, and finalize 
regulations on marking and recordkeeping that are necessary to 
implement these new or amended definitions (RIN 1140-AA54). The intent 
of this rulemaking is to consider technological developments and modern 
terminology in the firearms industry, and to enhance public safety by 
helping to stem the proliferation of unmarked, privately made firearms 
that have increasingly been recovered at crime scenes. Further, ATF 
plans to finalize regulations to implement certain provisions of Public 
Law 105-277, Omnibus Consolidated and Emergency Supplemental 
Appropriations Act, 1999 (RIN 1140-AA10), and to set forth factors 
considered when evaluating firearms with an attached stabilizing brace 
to determine whether they are considered firearms under the National 
Firearms Act and/or the Gun Control Act (RIN 1140-AA55). This second 
rule would make clear that all weapons that fall under the National 
Firearms Act, however they are made, are subject to its heightened 
regulations--including registration and background check requirements. 
ATF also has begun a rulemaking process that amends 27 CFR part 447 to 
update the terminology in ATF's import control regulations based on 
similar terminology amendments made by the Department of State on the 
U.S. Munitions List in the International Traffic in Arms Regulations, 
and the Department of Commerce on the Commerce Control List in the 
Export Administration Regulations (RIN 1140-AA49).

Bureau of Prisons (BOP)

    BOP issues regulations to enforce the Federal laws relating to its 
mission: To protect public safety by ensuring that federal offenders 
serve their sentences of imprisonment in facilities that are safe, 
humane, cost-efficient, and appropriately secure, and to provide 
reentry programming to ensure their successful return to the community.
    Over the past year, the Bureau has successfully implemented its 
Incident Action Plan, developed in response to 2020 pandemic conditions 
to facilitate continuity of operations, supplies, inmate movement, 
visitation, staff training, and official staff travel. As pandemic 
conditions continue to evolve, BOP plans to continue to employ and 
improve its Incident Action Plan, currently comprised of BOP's approved 
Pandemic Influenza Plan; its Incident Command System (ICS) framework; 
and guidance and directives from the World Health Organization (WHO), 
the Centers for Disease Control and Prevention (CDC), the Office of 
Personnel Management (OPM), DOJ, and the Office of the Vice President.
    In the near future, BOP plans to finalize procedures for eligible 
inmates to earn FSA Time Credits, as authorized by the First Step Act 
of 2018 (FSA), Public Law 115-391, 132 Stat. 5194 (2018). The FSA 
provides that eligible inmates earn FSA Time Credits towards prerelease 
custody or early transfer to supervised release for successfully 
completing approved Evidence-Based Recidivism Reduction (EBRR) Programs 
or Productive Activities (PAs) assigned to each inmate based on the 
inmate's risk and needs assessment.
    BOP will also finalize regulations implementing additional 
legislative changes enacted in the FSA to broaden the Good Conduct Time 
Credit system, revise inmate disciplinary regulations, and provide 
effective literacy programming which serves both general and 
specialized inmate needs.

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Civil Rights Division (CRT)

    CRT works to uphold the civil and constitutional rights of all 
Americans, particularly some of the most vulnerable members of our 
society. Consistent with this mission, CRT plans to engage in three 
separate rulemakings under the Americans with Disabilities Act (ADA).
    First, CRT plans to amend its current regulations under section 504 
of the Rehabilitation Act of 1973, which prohibits discrimination based 
on disability in programs and activities conducted by an Executive 
agency, to bring them up to date. Second, the Department plans to 
publish a new ANPRM seeking public input on possible revisions to its 
ADA regulations to ensure the accessibility of equipment and furniture 
in public entities and public accommodations programs and services. 
Third, the Department of Justice intends to propose requirements for 
the construction and alteration of pedestrian facilities covered by 
subtitle A of title II of the ADA that are consistent with the Access 
Board's minimum ``Accessibility Guidelines for Pedestrian Facilities in 
the Public Right-of-Way.'' These requirements would ensure that 
sidewalks and other pedestrian facilities in the public right-of-way 
are accessible to and usable by individuals with disabilities.

Drug Enforcement Administration (DEA)

    DEA is the primary agency responsible for coordinating the drug law 
enforcement activities of the United States and assists in the 
implementation of the President's National Drug Control Strategy. DEA 
implements and enforces titles II and III of the Comprehensive Drug 
Abuse Prevention and Control Act of 1970 and the Controlled Substances 
Import and Export Act (21 U.S.C. 801-971), as amended, collectively 
referred to as the Controlled Substances Act (CSA). DEA's mission is to 
enforce the CSA and its regulations and bring to the criminal and civil 
justice system those organizations and individuals involved in the 
growing, manufacture, or distribution of controlled substances and 
listed chemicals appearing in or destined for illicit traffic in the 
United States. The CSA and its implementing regulations are designed to 
prevent, detect, and eliminate the diversion of controlled substances 
and listed chemicals into the illicit market while providing for the 
legitimate medical, scientific, research, and industrial needs of the 
United States.
    Pursuant to its statutory authority, DEA intends to propose a 
regulation that allows practitioners, subject to certain limitations, 
to supply up to a three-day supply of buprenorphine or other 
medications for maintenance and detoxification treatment of opioid use 
disorder, as instructed by Congress in Public Law 116-215 (RIN-1117-
AB73). The intent of this rulemaking is to ensure patients with opioid 
use disorder have access to needed medications while longer-term 
treatment is being coordinated. DEA also anticipates finalizing a 
rulemaking action clarifying the procedures a registrant must follow in 
the event a suspicious order for controlled substances is received (RIN 
1117-AB47).

Executive Office for Immigration Review (EOIR)

    EOIR's primary mission is to adjudicate immigration cases by 
fairly, expeditiously, and uniformly interpreting and administering the 
Nation's immigration laws. Under delegated authority from the Attorney 
General, EOIR conducts immigration court proceedings, appellate 
reviews, and administrative hearings. Immigration judges in EOIR's 
Office of the Chief Immigration Judge adjudicate cases to determine 
whether noncitizens should be ordered removed from the United States or 
should be granted some form of protection or relief from removal. The 
Board of Immigration Appeals (BIA) has jurisdiction over appeals from 
the decisions of immigration judges, as well as other matters. 
Accordingly, the Department of Justice has a significant role in the 
administration of the Nation's immigration laws. The Attorney General 
also is responsible for civil litigation and criminal prosecutions 
relating to the immigration laws.
    Consistent with Executive Order 14010, EOIR is developing numerous 
regulations related to the asylum system. Specifically, EOIR is working 
with the Department of Homeland Security (DHS) to finalize a recently 
proposed rule to amend the procedures for the processing of asylum 
claims in expedited removal proceedings (RIN 1125-AB20). In addition, 
EOIR and DHS intend to propose a rule to address the circumstances in 
which an individual would be considered a member of a ``particular 
social group'' (RIN 1125-AB13). Similarly, EOIR and DHS intend to 
propose a rule to rescind bars to asylum implemented by three prior 
rules: RIN 1125-AA87 related to an applicant's criminal activity, RIN 
1125-AA91 related to an applicant's transit through third countries, 
and RIN 1125-AB08 related to public health concerns. Moreover, EOIR 
intends to issue a rule to rescind or revise previous regulatory 
amendments regarding the time allowed for filing applications for 
asylum and withholding of removal by individuals in proceedings before 
EOIR (RIN 1125-AB15). EOIR is developing a proposed rule that would 
require immigration judges to conduct a hearing in which the applicant 
may provide testimony on his or her application for asylum and 
withholding of removal before the judge could deny the application (RIN 
1125-AB22).
    Finally, EOIR is also working to revise and update the regulations 
relating to immigration proceedings to increase efficiencies and 
productivity, while also safeguarding due process. EOIR is in the 
process of publishing a final rule regarding its new EOIR Case and 
Appeals System, which provides for greatly expanded electronic filing 
and calendaring for cases before EOIR's immigration courts and the BIA 
(RIN 1125-AA81). In addition, EOIR is drafting a proposed rule that 
would codify administrative closure procedures before the immigration 
courts and the BIA and make other revisions to ensure that BIA 
adjudications appropriately balance due process and efficiency 
considerations (RIN 1125-AB18). Further, EOIR is planning to finalize a 
rule that would establish procedures for practitioners to provide 
individual document assistance without triggering the full obligations 
required of practitioners engaging in full representation of a 
noncitizen in EOIR proceedings (RIN 1125-AA83)

Federal Bureau of Investigation (FBI)

    The Federal Bureau of Investigation is responsible for protecting 
and defending the United States against terrorist and foreign 
intelligence threats, upholding and enforcing the criminal laws of the 
United States, and providing leadership and criminal justice services 
to Federal, State, municipal, and international agencies and partners. 
Only in limited contexts does the FBI rely on rulemaking. For example, 
the FBI is currently drafting a rule that establishes the criteria for 
use by a designated entity in deciding fitness as described under the 
Child Protection Improvements Act (CPIA), 34 U.S.C. 40102, Public Law 
115-141, div. S. title I, section 101(a)(1), Mar. 23, 2018, 132 Stat. 
1123.
    The CPIA requires that the Attorney General shall, by rule, 
establish the criteria for use by designated entities in making a 
determination of fitness described in subsection (b)(4) of the Act 
concerning whether the provider has been convicted of, or is under 
pending indictment for, a crime that bears upon

[[Page 5109]]

the provider's fitness to have responsibility for the safety and 
wellbeing of children, the elderly, or individuals with disabilities 
and shall convey that determination to the qualified entity. Such 
criteria shall be based on the criteria established pursuant to section 
108(a)(3)(G)(i) of the Prosecutorial Remedies and Other Tools to end 
the Exploitation of Children Today Act of 2003 (34 U.S.C. 40102 note) 
and section 658H of the Child Care and Development Block Grant Act of 
1990 (42 U.S.C. 9858f).

Office of Justice Programs (OJP)

    OJP provides innovative leadership to Federal, State, local, and 
tribal justice systems by disseminating state-of-the-art knowledge and 
practices and providing financial assistance for the implementation of 
crime fighting strategies.
    OJP published a notice of proposed rulemaking for the Office of 
Juvenile Justice and Delinquency Prevention (OJJDP) Formula Grant 
Program on August 8, 2016, and in early 2017 published a final rule 
addressing some of those provisions. For other provisions included in 
the proposed rule, OJJDP received many comments that require additional 
time for OJJDP to consider. OJP published an additional final rule 
removing certain provisions of the regulations that are no longer 
legally supported, and to make technical corrections, in June 2021. 
OJJDP now plans to publish a second notice of proposed rulemaking 
addressing amendments to the Juvenile Justice and Delinquency 
Prevention Act included in the Juvenile Justice Reform Act signed into 
law on December 21, 2018, and the remaining changes that OJJDP intends 
to make to the formula grant program regulation.

DOJ--CIVIL RIGHTS DIVISION (CRT)

Prerule Stage

101.  Nondiscrimination on the Basis of Disability by State and 
Local Governments and Places of Public Accommodation; Equipment and 
Furniture

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 12101 et seq.
    CFR Citation: 28 CFR 35; 28 CFR 36.
    Legal Deadline: None.
    Abstract: The ADA requires State and local governments and public 
accommodations to provide programs, activities, and services in a 
manner that is accessible to people with disabilities, including non-
fixed equipment and furniture that is used in the delivery of programs, 
activities, and services. The ADA also requires that covered entities 
communicate effectively with people with disabilities and provide 
appropriate auxiliary aids and services.
    While some types of fixed equipment and furniture are explicitly 
covered by the 2010 Standards for Accessible Design, there are no 
specific provisions in the ADA regulations that include standards for 
the accessibility of equipment and furniture that are not fixed. See, 
e.g., 28 CFR 36.406(b) (the 1991 and 2010 Standards apply to fixed or 
built-in elements of buildings and structures). Because the 2010 ADA 
Standards include accessibility requirements for some types of fixed 
equipment (e.g., ATMs, washing machines, dryers, tables, benches, and 
vending machines), the Department plans to look to these standards for 
guidance, where applicable, when it proposes accessibility standards 
for equipment and furniture that is not fixed.
    The Department plans to publish an ANPRM seeking public input on 
possible revisions to its ADA regulations to ensure the accessibility 
of equipment and furniture in public entities' and public 
accommodations' programs and services.
    Statement of Need: The Department's Americans with Disabilities Act 
(ADA) regulations contain the ADA Standards for Accessible Design (the 
ADA Standards) which provide accessibility standards for some types of 
fixed or built-in equipment and furniture. However, there are no 
specific provisions in the ADA Standards or the ADA regulations 
governing the accessibility of equipment and furniture that are not 
fixed or built in. Changes in technology have resulted in the 
development and improved availability of accessible equipment and 
furniture that benefit individuals with disabilities, and accessible 
equipment and furniture is often critical to an entity's ability to 
provide an individual with a disability equal access to its services. 
This rule is necessary to ensure that inaccessible equipment and 
furniture do not prevent people with disabilities from accessing State 
and local governments and public accommodations' programs and services.
    Summary of Legal Basis: The summary of the legal basis for this 
regulation is set forth in the above abstract.
    Alternatives: There are no appropriate alternatives to issuing this 
ANPRM. The Architectural and Transportation Barriers Compliance Board 
(Access Board) may issue minimum standards on equipment and furniture, 
but these standards only become binding when the Department adopts the 
Access Board's standards through a rulemaking. Alternatively, the 
Department may create its own technical standards and implement them 
through a rulemaking.
    Anticipated Cost and Benefits: The Department anticipates costs to 
covered entities, including State and local governments and places of 
public accommodation. Entities may need to acquire new equipment or 
furniture or retrofit existing equipment and furniture to meet 
technical standards that the Department includes in its regulations.
    Risks: Failure to implement technical standards to ensure that 
people with disabilities have access to equipment and furniture in 
public entities' and public accommodations' programs and services will 
make some of these programs and services inaccessible to people with 
disabilities.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   09/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations.
    Government Levels Affected: Local, State.
    Federalism: Undetermined.
    Agency Contact: Rebecca Bond, Chief, Disability Rights Section, 
Department of Justice, Civil Rights Division, 4 Constitution Square, 
150 M Street NE, Washington, DC 20002, Phone: 202 305-2952.
    RIN: 1190-AA76

DOJ--CRT

Proposed Rule Stage

102. Implementation of the ADA AMendments Act of 2008: Federally 
Conducted (Section 504 of the Rehabilitation Act of 1973)

    Priority: Other Significant.
    Legal Authority: Pub. L. 110-325; 29 U.S.C. 794 (sec. 504 of the 
Rehab. Act of 1973); E.O. 12250 (45 FR 72855)
    CFR Citation: 28 CFR 39.
    Legal Deadline: None.
    Abstract: Section 504 of the Rehabilitation Act of 1973, as amended 
(29 U.S.C. 794), prohibits discrimination on the basis of disability in 
programs and activities conducted by an Executive agency. The 
Department plans to revise its 504 Federally conducted regulation at 28 
CFR part 39

[[Page 5110]]

to incorporate amendments to the statute, including the changes in the 
meaning and interpretation of the applicable definition of disability 
required by the ADA Amendments Act of 2008, Public Law 110-325, 122 
Stat. 3553 (Sep. 25, 2008); incorporate requirements and defenses 
stemming from judicial decisions; and make other non-substantive 
clarifying edits, including updating outdated terminology and 
references.
    Statement of Need: This rule is necessary to bring the Department's 
prior section 504 Federally conducted regulation, which has not been 
updated in three decades, into compliance with judicial decisions 
establishing rights and defenses under section 504, as well as 
statutory amendments to the Rehabilitation Act, including the new 
definition of disability provided by the ADA Amendments Act of 2008, 
which became effective on January 1, 2009. Additionally, following the 
passage of the Americans with Disabilities Act (ADA), amendments to the 
Rehabilitation Act sought to ensure that the same precepts and values 
embedded in the ADA were also reflected in the Rehabilitation Act. To 
ensure the intended parity between the two laws, it also necessary to 
update the Federally conducted regulation to align it with the relevant 
provisions of Title II of the ADA. An updated Federally conducted 
regulation would consolidate the existing Section 504 requirements in 
one place for easy reference.
    Summary of Legal Basis: The summary of the legal basis of authority 
for this regulation is set forth above in the abstract.
    Alternatives: There are no appropriate alternatives to issuing this 
NPRM since it implements requirements and defenses arising from the 
statute and judicial decisions.
    Anticipated Cost and Benefits: Because the NPRM would incorporate 
existing legal requirements and defenses in the Department's section 
504 Federally conducted regulation, the Department does not anticipate 
any costs from this rule.
    Risks: Failure to update the Department's section 504 Federally 
conducted regulation to conform to legal requirements and defenses 
provided under statute and judicial decisions will interfere with the 
Department's ability to meet its non-discrimination requirements under 
section 504.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/22  .......................
NPRM Comment Period End.............   04/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: Federal.
    Additional Information: Transferred from RIN 1190-AA60.
    Agency Contact: Rebecca Bond, Chief, Disability Rights Section, 
Department of Justice, Civil Rights Division, 4 Constitution Square, 
150 M Street NE, Washington, DC 20002, Phone: 202 305-2952.
    RIN: 1190-AA73

DOJ--CRT

103.  Nondiscrimination on the Basis of Disability by State and 
Local Governments; Public Right-of-Way

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: 42 U.S.C. 12134(a); 42 U.S.C. 12134(c)
    CFR Citation: 28 CFR 35.
    Legal Deadline: None.
    Abstract: The Department of Justice anticipates issuing a Notice of 
Proposed Rulemaking that would establish accessibility requirements to 
ensure that sidewalks and other pedestrian facilities in the public 
right-of-way are accessible to and usable by individuals with 
disabilities.
    The Americans with Disabilities Act (ADA) directs the Architectural 
and Transportation Barriers Compliance Board (Access Board) to issue 
minimum guidelines to ensure that buildings, facilities, rail passenger 
cars, and vehicles are accessible, in terms of architecture and design, 
transportation, and communication, to individuals with disabilities. 
The Access Board intends to issue minimum accessibility guidelines for 
pedestrian facilities in the public right-of-way, called the 
Accessibility Guidelines for Pedestrian Facilities in the Public Right-
of-Way.
    The ADA directs the Department of Justice to promulgate regulations 
implementing subtitle A of title II of the ADA. The ADA further directs 
that the Department of Justice's regulations include standards that are 
consistent with the minimum ADA guidelines issued by the Access Board. 
Accordingly, the Department of Justice intends to propose requirements 
for the construction and alteration of pedestrian facilities covered by 
subtitle A of Title II of the ADA that are consistent with the Access 
Board's minimum Accessibility Guidelines for Pedestrian Facilities in 
the Public Right-of-Way.
    Statement of Need: This rule is necessary to ensure that pedestrian 
facilities in the public right-of-way are accessible to and usable by 
individuals with disabilities. The Access Board intends to issue 
minimum accessibility guidelines for pedestrian facilities in the 
public right-of-way, and the ADA requires the Department of Justice to 
include standards in its regulations implementing subtitle A of title 
II of the ADA that are consistent with the minimum ADA guidelines 
issued by the Access Board. Accordingly, the Department of Justice 
intends to propose requirements for the construction and alteration of 
pedestrian facilities covered by subtitle A of title II of the ADA that 
are consistent with the Access Board's minimum Accessibility Guidelines 
for Pedestrian Facilities in the Public Right-of-Way. These 
requirements would ensure that people with disabilities have access to 
sidewalks, curb ramps, pedestrian street crossings, and other 
pedestrian facilities in the public right-of-way.
    Summary of Legal Basis: The summary of the legal basis for this 
regulation is set forth in the above abstract.
    Alternatives: There are no appropriate alternatives to issuing this 
NPRM because the ADA requires the Department of Justice to include 
standards in its regulations implementing subtitle A of title II of the 
ADA that are consistent with the minimum ADA guidelines issued by the 
Access Board. The Access Board's accessibility guidelines will only 
become binding when the Department of Justice adopts them as legally 
enforceable requirements through rulemaking.
    Anticipated Cost and Benefits: The Department anticipates costs to 
state and local governments given that this rule would require that the 
construction and alteration of pedestrian facilities in the public 
right-of-way comply with the Department's accessibility requirements 
under subtitle A of title II of the ADA.
    Risks: Failure to adopt requirements for the construction and 
alteration of pedestrian facilities covered by subtitle A of title II 
of the ADA that are consistent with the Access Board's minimum 
Accessibility Guidelines for Pedestrian Facilities in the Public Right-
of-Way would mean that such Access Board guidelines would remain 
nonbinding and unenforceable. It would also mean that the Department 
would not be complying with its obligation to

[[Page 5111]]

ensure that the standards in its regulations are consistent with the 
minimum ADA guidelines issued by the Access Board.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Governmental Jurisdictions.
    Government Levels Affected: Local, State.
    Federalism: Undetermined.
    Agency Contact: Rebecca Bond, Chief, Disability Rights Section, 
Department of Justice, Civil Rights Division, 4 Constitution Square, 
150 M Street NE, Washington, DC 20002, Phone: 202 305-2952.
    RIN: 1190-AA77

DOJ--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (ATF)

Final Rule Stage

104. Definition of ``Frame or Receiver'' and Identification of Firearms

    Priority: Other Significant.
    Legal Authority: 18 U.S.C. 921 to 931; 22 U.S.C. 2778; 26 U.S.C. 
5812; 26 U.S.C. 5822; 26 U.S.C. 7801 and 7805
    CFR Citation: 27 CFR 447; 27 CFR 478; 27 CFR 479.
    Legal Deadline: None.
    Abstract: The Department of Justice proposes amending Bureau of 
Alcohol, Tobacco, Firearms, and Explosives regulations to provide new 
regulatory definitions of firearm frame or receiver and frame or 
receiver because they are outdated. The Department also proposes 
amending ATF's definitions of firearm and gunsmith to clarify the 
meaning of those terms, and to add new regulatory terms such as 
complete weapon, complete muffler or silencer device, privately made 
firearm, and readily for purposes of clarity given advancements in 
firearms technology. Further, the Department proposes amendments to 
ATF's regulations on marking and recordkeeping that are necessary to 
implement these new or amended definitions.
    Statement of Need: This rule is intended to clarify the definition 
of firearm and to provide a more comprehensive definition of frame or 
receiver so that those definitions more accurately reflect firearm 
configurations not explicitly captured under the existing definitions 
in 27 CFR 478.11 and 479.11. Further, this NPRM proposes new terms and 
definitions to take into account technological developments and modern 
terminology in the firearms industry, as well as amendments to the 
marking and recordkeeping requirements that would be necessary to 
implement these definitions.
    Summary of Legal Basis: The Attorney General has express authority 
pursuant to 18 U.S.C. 926 to prescribe rules and regulations necessary 
to carry out the provisions of chapter 44, title 18, United States 
Code. The detailed legal analysis supporting the amendments in this 
rule are expressed in the abstract for the rule itself.
    Alternatives: There are no feasible alternatives to the proposed 
rule that would allow ATF to maximize benefits.
    Anticipated Cost and Benefits: The rule will not be economically 
significant; however, it is a significant regulatory action under 
section 3(f)(4) of Executive Order 12866 because this rule raises novel 
legal or policy issues arising out of legal mandates. ATF estimates 
that the costs for this proposed rule is minimal. The total 10-year 
undiscounted cost of this proposed rule is estimated to be $1.3 
million. The total 10-year discounted cost of the rule is $1.0 million 
and $1.2 million at 7 percent and 3 percent respectively. The 
annualized cost of this proposed rule would be $147,048 and $135,750, 
also at 7 percent and 3 percent, respectively. This rule provides for 
updated definitions to account for technological advances, ensures 
traceability regardless of age of firearm, and makes consistent marking 
requirements
    Risks: Without this rule, public safety will continue to be 
threatened by the lack of traceability of firearms.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/21/21  86 FR 27720
NPRM Comment Period End.............   08/19/21  .......................
Final Action........................   06/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: Vivian Chu, Department of Justice, Bureau of 
Alcohol, Tobacco, Firearms, and Explosives, 99 New York Avenue NE, 
Washington, DC 20226, Phone: 202 648-7070.
    RIN: 1140-AA54

DOJ--ATF

105. Factoring Criteria for Firearms With an Attached Stabilizing Brace

    Priority: Other Significant.
    Legal Authority: 18 U.S.C 921 to 931; 26 U.S.C 5812; 26 U.S.C 5822; 
26 U.S.C. 7801; 26 U.S.C. 7805
    CFR Citation: 27 CFR 478; 27 CFR 479.
    Legal Deadline: None.
    Abstract: The Department of Justice is planning to propose to amend 
the regulations of the Bureau of Alcohol, Tobacco, Firearms, and 
Explosives to set forth factors considered when evaluating firearms 
with an attached stabilizing brace to determine whether they are 
considered firearms under the National Firearms Act and/or the Gun 
Control Act.
    Statement of Need: This rule is intended to clarify when a rifle is 
intended to be fired from the shoulder and to set forth factors that 
ATF considers when evaluating firearms with an attached purported 
stabilizing brace to determine whether these are rifles under the GCA 
or NFA, and therefore whether they are firearms subject to the NFA. It 
amends the definition of rifle in 27 CFR 478.11 and 479.11, 
respectively, by adding a sentence at the end of each definition. The 
new sentence would clarify that the term rifle includes any weapon with 
a rifled barrel and equipped with an attached stabilizing brace that 
has objective design features and characteristics that indicate that 
the firearm is designed to be fired from the shoulder, as indicated on 
ATF Worksheet 4999.
    Summary of Legal Basis: The Attorney General has express authority 
pursuant to 18 U.S.C. 926 to prescribe rules and regulations necessary 
to carry out the provisions of chapter 44, title 18, United States 
Code. The detailed legal analysis supporting the amendments in this 
rule are expressed in the abstract for the rule itself.
    Alternatives: There are no feasible alternatives to the proposed 
rule that would allow ATF to maximize benefits.
    Anticipated Cost and Benefits: The rule is a significant regulatory 
action that is economically significant under section 3(f) of Executive 
Order 12866, because the rule will have an annual effect on the economy 
of $100 million or more. The annualized cost of this proposed rule 
would be $114.7 million and $125.7 million, at 3 percent and 7 percent, 
respectively. This proposed rule would affect attempts by manufacturers 
and individuals to circumvent the requirements of the NFA and would 
affect the criminal use of

[[Page 5112]]

weapons with a purported stabilizing brace.
    Risks: Without this rule, public safety will continue to be 
threatened by the criminal use of such firearms, which are easily 
concealable from the public and first responders.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/10/21  86 FR 30826
NPRM Comment Period End.............   09/08/21  .......................
Final Action........................   08/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Agency Contact: Denise Brown, Regulations Writer, Department of 
Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives, 99 New 
York Avenue NE, Washington, DC 20226, Phone: 202 648-7070.
    RIN: 1140-AA55

DOJ--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW (EOIR)

Proposed Rule Stage

106. Bars to Asylum Eligibility and Procedures

    Priority: Other Significant.
    Legal Authority: Homeland Security Act of 2002, Pub. L. 107-296, 
116 Stat. 2135, sec. 1102, as amended; 8 U.S.C. 1103(a)(1), (a)(3), 
(g); 8 U.S.C. 1225(b); 8 U.S.C. 1231(b)(3) and 1231 note; 8 U.S.C. 
1158; E. O. 14010, 86 FR 8267 (Feb. 2, 2021)
    CFR Citation: 8 CFR 208; 8 CFR 235; 8 CFR 1208; 8 CFR 1235; 8 CFR 
1003.
    Legal Deadline: None.
    Abstract: In 2020, the Department of Homeland Security and 
Department of Justice (collectively, the Departments) published final 
rules amending their respective regulations governing bars to asylum 
eligibility and procedures, including the Procedures for Asylum and 
Bars to Asylum Eligibility, (RINs 1125-AA87 and 1116-AC41), 85 FR 67202 
(Oct. 21, 2020), Asylum Eligibility and Procedural Modifications, (RINs 
1125-AA91 and 1615-AC44), 85 FR 82260 (Dec. 17, 2020), and Security 
Bars and Processing, (RINs 1125-AB08 and 1615-AC57), 85 FR 84160 (Dec. 
23, 2020), final rules. The Departments propose to modify or rescind 
the regulatory changes promulgated in these three final rules, 
consistent with Executive Order 14010 (Feb. 2, 2021).
    Statement of Need: The Departments are reviewing these regulations 
in light of the issuance of Executive Order 14010 and Executive Order 
14012. This rule is needed to restore and strengthen the asylum system 
and to address inconsistencies with the goals and principles outlined 
in the Executive Order 14010 and Executive Order 14012.
    Summary of Legal Basis: The Attorney General has general authority 
under 8 U.S.C. 1103(g) to establish regulations related to the 
immigration and naturalization of noncitizens. More specifically, under 
8 U.S.C. 1158(b)(2)(C) and (d)(5)(B), the Attorney General has 
authority to provide by regulation additional conditions and 
limitations consistent with the INA for asylum eligibility. Thus, this 
proposed rule utilizes such authority to propose revisions to the 
regulations related to processing procedures for asylum and withholding 
of removal claims.
    Alternatives: Unless the Departments rely on the pending litigation 
to enjoin Asylum and Bars to Asylum Eligibility, 85 FR 67202, and 
Asylum Eligibility and Procedural Modifications, 85 FR 82260, there are 
no other alternatives to revise those two rules. As for Security Bars 
and Processing, 85 FR 84160 (Dec. 23, 2020), because it relies on the 
framework for applying bars to asylum during credible fear processing 
that was established in an enjoined rule titled Procedures for Asylum 
and Withholding of Removal; Credible Fear and Reasonable Fear Review, 
85 FR 80274, the only alternative is to wait for the outcome of that 
litigation before making changes to the regulation. Relying on 
litigation to address these rules could be extremely time-burdensome 
and may introduce confusion as to effectiveness of the regulations. 
Thus, the Departments consider this alternative to be a burdensome and 
inadvisable course of action and therefore not feasible.
    Anticipated Cost and Benefits: DOJ and DHS are currently 
considering the specific cost and benefit impacts of the proposed 
provisions.
    Risks: Without this rulemaking, regulations related to Procedures 
for Asylum and Bars to Asylum Eligibility, 85 FR 67202, and Asylum 
Eligibility and Procedural Modifications, 85 FR 82260, will remain 
enjoined pending litigation. This is inadvisable, as litigation 
typically takes much time to resolve. Moreover, the implementation of 
Security Bars and Processing, 85 FR 80274, will not be viable (as 
described in the Alternatives section). Thus, the Department strongly 
prefers proactively addressing the regulations through this proposed 
rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    URL For More Information: https://www.regulations.gov.
    URL For Public Comments: https://www.regulations.gov.
    Agency Contact: Lauren Alder Reid, Assistant Director, Office of 
Policy, Executive Office for Immigration Review, Department of Justice, 
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 
1800, Falls Church, VA 22041, Phone: 703 305-0289, Email: 
[email protected].
    Related RIN: Related to 1615-AC69, Related to 1125-AB08.
    RIN: 1125-AB12

DOJ--EOIR

107. Asylum and Withholding Definitions

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: 8 U.S.C. 1101(a)(42); 8 U.S.C. 1158; 8 U.S.C. 
1225; 8 U.S.C. 1231 and 1231 note; Executive Order 14010, 86 FR 8267 
(Feb. 2, 2021)
    CFR Citation: 8 CFR 2; 8 CFR 208; 8 CFR 1208.
    Legal Deadline: None.
    Abstract: This rule proposes to amend Department of Homeland 
Security (DHS) and Department of Justice (DOJ) regulations that govern 
eligibility for asylum and withholding of removal. The amendments focus 
on portions of the regulations that deal with the definitions of 
membership in a particular social group, the requirements for failure 
of State protection, and determinations about whether persecution is on 
account of a protected ground.
    This rule is consistent with Executive Order 14010 of February 2, 
2021, which directs the Departments to, within 270 days, promulgate 
joint regulations, consistent with applicable law, addressing the 
circumstances in which a person should be considered a member of a 
particular social group.
    Statement of Need: This rule provides guidance on a number of key 
interpretive issues of the refugee definition used by adjudicators 
deciding

[[Page 5113]]

asylum and withholding of removal (withholding) claims. The 
interpretive issues include whether persecution is inflicted on account 
of a protected ground, the requirements for establishing the failure of 
State protection, and the parameters for defining membership in a 
particular social group. This rule will aid in the adjudication of 
claims made by applicants whose claims fall outside of the rubric of 
the protected grounds of race, religion, nationality, or political 
opinion. One example of such claims which often fall within the 
particular social group ground concerns people who have suffered or 
fear domestic violence. This rule is expected to consolidate issues 
raised in a proposed rule in 2000 and to address issues that have 
developed since the publication of the proposed rule. This rule should 
provide greater stability and clarity in this important area of the 
law. This rule will also provide guidance to the following 
adjudicators: USCIS asylum officers, Department of Justice Executive 
Office for Immigration Review (EOIR) immigration judges, and members of 
the EOIR Board of Immigration Appeals (BIA).
    Furthermore, on February 2, 2021, President Biden issued Executive 
Order 14010 that directs DOJ and DHS within 270 days of the date of 
this order, [to] promulgate joint regulations, consistent with 
applicable law, addressing the circumstances in which a person should 
be considered a member of a ``particular social group,'' as that term 
is used in 8 U.S.C. 1101(a)(42)(A), as derived from the 1951 Convention 
relating to the Status of Refugees and its 1967 Protocol.
    Summary of Legal Basis: The purpose of this rule is to provide 
guidance on certain issues that have arisen in the context of asylum 
and withholding adjudications. The 1951 Geneva Convention relating to 
the Status of Refugees contains the internationally accepted definition 
of a refugee. United States immigration law incorporates an almost 
identical definition of a refugee as a person outside his or her 
country of origin ``who is unable or unwilling to return to, and is 
unable or unwilling to avail himself or herself of the protection of, 
that country because of persecution or a well-founded fear of 
persecution on account of race, religion, nationality, membership in a 
particular social group, or political opinion.'' Section 101(a)(42) of 
the Immigration and Nationality Act.
    Alternatives: Because this rulemaking is mandated by executive 
order to be completed within a short timeframe, there are no feasible 
alternatives at this time.
    Anticipated Cost and Benefits: DOJ and DHS are currently 
considering the specific cost and benefit impacts of the proposed 
provisions.
    Risks: Without this rulemaking, the circumstances by which a person 
is considered a member of a particular social group will continue to be 
subject to judicial and agency interpretation, which may differ by 
circuit and changes in administration.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    URL For More Information: https://www.regulations.gov.
    URL For Public Comments: https://www.regulations.gov.
    Agency Contact: Lauren Alder Reid, Assistant Director, Office of 
Policy, Executive Office for Immigration Review, Department of Justice, 
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 
1800, Falls Church, VA 22041, Phone: 703 305-0289, Email: 
[email protected].
    Related RIN: Related to 1125-AA94, Related to 1615-AC65, Related to 
1615-AC42.
    RIN: 1125-AB13

DOJ--EOIR

108. Procedures for Asylum and Withholding of Removal

    Priority: Other Significant.
    Legal Authority: 8 U.S.C. 1103(g); 8 U.S.C. 1229a(c)(4)(B); 8 
U.S.C. 1158(d)(5)(B)
    CFR Citation: 8 CFR 1003.10; 8 CFR 1208; 8 CFR 1235; 8 CFR 1240.
    Legal Deadline: None.
    Abstract: On December 16, 2020, by the rule titled Procedures for 
Asylum and Withholding of Removal (RIN 1125-AA93) the Department of 
Justice (Department) amended the regulations governing asylum and 
withholding of removal, including changes to what must be included with 
an application for it to be considered complete and the consequences of 
filing an incomplete application, and changes related to the 180-day 
asylum adjudications clock. To revise the regulations related to 
adjudicatory procedures for asylum and withholding of removal, the 
Department is planning to rescind or modify the regulatory revisions 
made by that rule under this RIN.
    Statement of Need: This proposed rule will revise the regulations 
related to adjudicatory procedures for asylum and withholding of 
removal. On December 16, 2020, the Department of Justice (Department) 
amended the regulations governing asylum and withholding of removal, 
including changes to what must be included with an application for it 
to be considered complete and the consequences of filing an incomplete 
application, and changes related to the 180-day asylum adjudications 
clock. Procedures for Asylum and Withholding of Removal, 85 FR 81698 
(RIN 1125-AA93). In light of Executive Orders 14010 and 14012, 86 FR 
8267 (Feb. 2, 2021) and 86 FR 8277 (Feb. 2, 2021), the Department 
reconsidered its position on those matters and now issues this proposed 
rule to revise the regulations accordingly.
    Summary of Legal Basis: The Attorney General has general authority 
under 8 U.S.C. 1103(g) to establish regulations related to the 
immigration and naturalization of noncitizens. More specifically, under 
8 U.S.C. 1158(d)(5)(B), the Attorney General has authority to provide 
by regulation additional conditions and limitations consistent with the 
INA for the consideration of asylum applications. Thus, this proposed 
rule utilizes such authority to propose revisions to the regulations 
related to adjudicatory procedures for asylum and withholding of 
removal pursuant, in part, to 8 U.S.C. 1229a(c)(4)(B).
    Alternatives: Unless the Department relies on litigation to 
permanently enjoin the December 2020 rule, 85 FR 81698 (Dec. 16, 2020), 
there are no other alternatives to revise the regulations. Relying on 
litigation could be extremely time-burdensome and may introduce 
confusion as to effectiveness of the regulations. Thus, the Department 
considers this alternative to be an inadequate and inadvisable course 
of action.
    Anticipated Cost and Benefits: The Department believes this 
proposed rule will not be economically significant. The Department 
believes the costs to the public will be negligible, if any, given that 
costs will revert to those established prior to the December 2020 rule. 
This proposed rule imposes no new additional costs to the Department or 
to respondents: Respondents have always been required to submit 
complete asylum applications in order to have them adjudicated, and

[[Page 5114]]

immigration judges have always maintained the authority to set 
deadlines. In addition, this proposed rule proposes no new fees. The 
Department believes that this proposed rule would impose only minimal, 
if any, direct costs on the public. Any new minimal cost would be 
limited to the cost of the public familiarizing itself with proposed 
rule, although, as previously stated, the proposed rule reinstates most 
of the regulatory language to that which was in effect before the 
December 2020 rule. Further, an immigration judge's ability to set 
filing deadlines is already established by regulation, and filing 
deadlines for both applications and supporting documents are already 
well-established aspects of immigration court proceedings guided by 
regulations and the OCIJ Practice Manual. Thus, the Department expects 
little in the proposed rule to require extensive familiarization.
    Risks: Without this rulemaking, the regulations will remain 
enjoined pending litigation (as described in the Alternatives section). 
This is inadvisable, as litigation typically takes an inordinate time 
to resolve. The Department highly prefers proactively addressing the 
regulations through this proposed rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Additional Information: Related to EOIR Docket No. 19-0010.
    URL For More Information: https://www.regulations.gov.
    URL For Public Comments: https://www.regulations.gov.
    Agency Contact: Lauren Alder Reid, Assistant Director, Office of 
Policy, Executive Office for Immigration Review, Department of Justice, 
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 
1800, Falls Church, VA 22041, Phone: 703 305-0289, Email: 
[email protected].
    Related RIN: Related to 1125-AA93.
    RIN: 1125-AB15

DOJ--EOIR

109. Appellate Procedures and Decisional Finality in Immigration 
Proceedings; Administrative Closure

    Priority: Other Significant.
    Legal Authority: 5 U.S.C. 301; 6 U.S.C. 521; 8 U.S.C. 1101; 8 
U.S.C. 1103; 8 U.S.C. 1154-1155; 8 U.S.C. 1158; 8 U.S.C. 1182; 8 U.S.C. 
1226; 8 U.S.C. 1229; 8 U.S.C. 1229a; 8 U.S.C. 1229b; 8 U.S.C. 1229c; 8 
U.S.C. 1231; 8 U.S.C. 1254a; 8 U.S.C. 1255; 8 U.S.C. 1324d; 8 U.S.C. 
1330; 8 U.S.C. 1361-1362; 28 U.S.C. 509-510; 28 U.S.C. 1746; sec. 2 
Reorg. Plan No. 2 of 1950, 3 CFR 1949-1953, Comp. p. 1002; sec. 203 of 
Pub. L. 105-100, 111 Stat. 2196-200; secs. 1506 and 1510 of Pub. L. 
106-386, 114 Stat. 1527-29, 1531-32; sec. 1505 of Pub. L. 106-554, 114 
Stat. 2763A-326 to -328
    CFR Citation: 8 CFR 1003.1; 8 CFR 1003.2; 8 CFR 1003.3; 8 CFR 
1003.10.
    Legal Deadline: None.
    Abstract: On December 16, 2020, by a rule titled Appellate 
Procedures and Decisional Finality in Immigration Proceedings; 
Administrative Closure (RIN 1125-AA96) the Department of Justice 
(Department) amended its regulations regarding appellate procedures to 
ensure that immigration proceeding appeals are adjudicated in an 
efficient manner and to eliminate unnecessary remands by the Board of 
Immigration Appeals. The Department also amended its regulations to 
promote the final disposition of cases at both the immigration court 
and appellate levels. The Department is planning to modify or rescind 
those regulations under this RIN.
    Statement of Need: On December 16, 2020, the Department of Justice 
(Department) amended the regulations related to processing of appeals 
and administrative closure. Appellate Procedures and Decisional 
Finality in Immigration Proceedings; Administrative Closure, 85 FR 
81588 (RIN 1125-AA96). In light of Executive Orders 14010 and 14012, 86 
FR 8267 (Feb. 2, 2021) and 86 FR 8277 (Feb. 2, 2021), the Department 
reconsidered its position on those matters and now issues this proposed 
rule to revise the regulations accordingly and make other related 
amendments. This proposed rule clarifies immigration judge and Board of 
Immigration Appeals (BIA) authority, including providing general 
administrative closure authority and the ability to sua sponte reopen 
and reconsider cases. The proposed rule also revises BIA standards 
involving adjudication timelines, briefing schedules, self-
certification, remands, background checks, administrative notice, and 
voluntary departure. Lastly, the proposed rule removes the EOIR 
Director's authority to issue decisions in certain cases, removes the 
ability of immigration judges to certify cases for quality assurance, 
and revises procedures for the forwarding of the record on appeal, as 
well as other minor revisions.
    Summary of Legal Basis: The Attorney General has general authority 
under 8 U.S.C. 1103(g) to establish regulations related to the 
immigration and naturalization of noncitizens. Thus, this proposed rule 
utilizes such authority to propose revisions to the regulations 
regarding immigration appeals processing and administrative closure.
    Alternatives: Unless the Department relies on litigation to 
permanently enjoin the December 2020 rule, 85 FR 81588 (Dec. 16, 2020), 
there are no other alternatives to revise the regulations. Relying on 
litigation could be extremely time-burdensome and may introduce 
confusion as to effectiveness of the regulations. Thus, the Department 
considers this alternative to be an inadequate and inadvisable course 
of action.
    Anticipated Cost and Benefits: The Department is largely 
reinstating the briefing schedules that the December 2020 rule revised. 
As stated in the December 2020 rule, 85 FR at 81650, the basic briefing 
procedures have remained across rules; thus, the Department believes 
the costs to the public will be negligible, if any, given that costs 
will revert back to those established for decades prior to the December 
2020 rule. The proposed rule imposes no new additional costs, as much 
of the proposed rule involves internal case processing. For those 
provisions that constitute more than simple internal case processing 
measures, such as the amendments to the BIA's administrative closure 
authority, they likewise would not impose significant costs to the 
public. Indeed, such measures would generally reduce costs, as they 
facilitate and reintroduce various mechanisms for fair, efficient case 
processing.
    Risks: Without this rulemaking, the regulations will remain 
enjoined pending litigation (as described in the Alternatives section). 
This is inadvisable, as litigation typically takes an inordinate time 
to resolve. The Department highly prefers proactively addressing the 
regulations through this proposed rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Additional Information: Related to EOIR Docket No. 19-0022.
    URL For More Information: https://www.regulations.gov.

[[Page 5115]]

    URL For Public Comments: https://www.regulations.gov.
    Agency Contact: Lauren Alder Reid, Assistant Director, Office of 
Policy, Executive Office for Immigration Review, Department of Justice, 
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 
1800, Falls Church, VA 22041, Phone: 703 305-0289, Email: 
[email protected].
    Related RIN: Related to 1125-AA96.
    RIN: 1125-AB18

DOJ--EOIR

Final Rule Stage

110. Professional Conduct for Practitioners--Rules and Procedures, and 
Representation and Appearances

    Priority: Other Significant.
    Legal Authority: 8 U.S.C. 1103; 8 U.S.C. 1326
    CFR Citation: 8 CFR 1003.
    Legal Deadline: None.
    Abstract: This rule amends Department of Justice regulations 
addressing the assistance of individuals with the writing or filing of 
documents in proceedings before the Executive Office for Immigration 
Review. The rule also proposes to make minor technical revisions and to 
amend outdated references to the former Immigration and Naturalization 
Service.
    Statement of Need: This rule would establish procedures for 
practitioners to provide individual document assistance without 
triggering the full obligations required of practitioners engaging in 
full representation of a noncitizen in EOIR proceedings.
    Summary of Legal Basis: The Attorney General has general authority 
under 8 U.S.C. 1103(g) to establish regulations related to the 
immigration and naturalization of noncitizens. Thus, this proposed rule 
utilizes such authority to propose revisions to the regulations 
regarding the procedures for practitioners to assist noncitizens in 
removal proceedings.
    Alternatives: There are no feasible alternatives that will make the 
necessary changes to the representation requirement.
    Anticipated Cost and Benefits: EOIR expects the costs resulting 
from this rule to be de minimis, as it does not impose new or 
additional costs on EOIR, practitioners, or noncitizens. Additionally, 
the number of practitioners impacted by this rule would be 
insignificant because most practitioners do not solely provide 
preparation of a filing and are already required to file a Notice of 
Entry of Appearance as an Attorney or Representative with EOIR.
    Risks: Without this rulemaking, noncitizens may be at risk of being 
defrauded by unqualified individuals offering assistance with 
immigration documents. Additionally, without assistance from a 
practitioner, noncitizens may be at risk of failing to obtain benefits 
for which they are otherwise eligible.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   03/27/19  84 FR 11446
ANPRM Comment Period End............   04/26/19  .......................
NPRM................................   09/30/20  85 FR 61640
NPRM Comment Period End.............   10/30/20  .......................
Final Action........................   11/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal.
    Agency Contact: Lauren Alder Reid, Assistant Director, Office of 
Policy, Executive Office for Immigration Review, Department of Justice, 
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 
1800, Falls Church, VA 22041, Phone: 703 305-0289, Email: 
[email protected].
    RIN: 1125-AA83

DOJ--EOIR

111. Procedures for Credible Fear Screening and Consideration of 
Asylum, Withholding of Removal and CAT Protection Claims by Asylum 
Officers

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 8 U.S.C. 1103(g); 8 U.S.C. 1158(b)(2)(C); 8 U.S.C. 
1158(d)(5)(B); 8 U.S.C. 1225; 8 U.S.C. 1231(b)(3)
    CFR Citation: 8 CFR 208; 8 CFR 235; 8 CFR 1003; 8 CFR 1208; 8 CFR 
1235.
    Legal Deadline: None.
    Abstract: The Department of Justice and the Department of Homeland 
Security (DHS) propose to amend the regulations so that individuals 
found to have a credible fear can have their claims for asylum, 
withholding of removal under section 241(b)(3) of the Immigration and 
Nationality Act (statutory withholding of removal), or protection under 
the regulations issued pursuant to the legislation implementing the 
Convention Against Torture and Other Cruel, Inhuman or Degrading 
Treatment or Punishment, initially adjudicated by an asylum officer 
within DHS with administrative review of the decision by the Executive 
Office for Immigration Review.
    Statement of Need: There is wide agreement that the system for 
dealing with asylum and related protection claims at the southwest 
border has long been overwhelmed and in desperate need of repair. As 
the number of such claims has skyrocketed over the years, the system 
has proven unable to keep pace, resulting in large backlogs and lengthy 
adjudication delays. A system that takes years to reach a result delays 
justice and certainty for those who need protection, and it encourages 
abuse by those who will not qualify for protection and smugglers who 
exploit the delay for profit. The aim of this rule is to begin 
replacing the current system, within the confines of the law, with a 
better and more efficient one that will adjudicate protection claims 
fairly and expeditiously.
    Summary of Legal Basis: The Attorney General has general authority 
under 8 U.S.C. 1103(g) to establish regulations related to the 
immigration and naturalization of noncitizens. More specifically, under 
8 U.S.C. 1158(b)(2)(C) and (d)(5)(B), the Attorney General has 
authority to provide by regulation additional conditions and 
limitations consistent with the INA for the consideration of asylum 
applications. Thus, this proposed rule utilizes such authority to 
propose revisions to the regulations related to processing procedures 
for asylum and withholding of removal claims pursuant to 8 U.S.C. 1225 
and 1231.
    Alternatives: There are no feasible alternatives that make 
similarly impactful changes to the system without a more widespread 
overhaul of the entire system in one rulemaking.
    Anticipated Cost and Benefits: DHS estimated the resource cost 
needed to implement and operationalize the rule along a range of 
possible future credible fear volumes. The average annualized costs 
could range from $179.5 million to $995.8 million at a 7 percent 
discount rate. At a 7 percent discount factor, the total ten-year costs 
could range from $1.3 billion to $7.0 billion, with a midrange of $3.2 
billion.
    There could also be cost-savings related to Forms I-589 and I-765 
filing volume changes. In addition, some asylum applicants may realize 
potential early labor earnings, which could constitute a transfer from 
workers in the U.S. labor force to certain asylum applicants, as well 
as tax impacts. Qualitative benefits include, but may not be limited 
to: (i) Beneficiaries of new parole standards may not have to wait 
lengthy times for a decision on whether their asylum claims will

[[Page 5116]]

receive further consideration; (ii) some individuals could benefit from 
de novo review by an IJ of the asylum officer's denial of their asylum; 
(iii) DOJ-EOIR may focus efforts on other priority work and reduce its 
substantial current backlog; (iv) as some applicants may be able to 
earn income earlier than they otherwise could currently, burdens to the 
support network of the applicant may be lessened.
    Risks: Without this rulemaking, the current system will remain 
status quo. The backlogs and delays will continue to grow, and 
potential for abuse will remain. Most importantly, noncitizens in need 
of protection will continue to experience delays in the adjudication of 
their claims.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/20/21  86 FR 46906
NPRM Comment Period End.............   10/19/21  .......................
Final Action........................   03/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Additional Information: Joint rule with DHS 1616-AC67.
    URL For More Information: https://regulations.gov.
    URL For Public Comments: https://regulations.gov.
    Agency Contact: Lauren Alder Reid, Assistant Director, Office of 
Policy, Executive Office for Immigration Review, Department of Justice, 
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 
1800, Falls Church, VA 22041, Phone: 703 305-0289, Email: 
[email protected].
    RIN: 1125-AB20

BILLING CODE 4410-BP-P

U.S. DEPARTMENT OF LABOR

Fall 2021 Statement of Regulatory Priorities

Introduction

    The Department's Fall 2021 Regulatory Agenda continues to advance 
the Department's mission to foster, promote, and develop the welfare of 
wage earners, job seekers, and retirees; improve working conditions; 
advance opportunities for profitable employment; and assure work-
related benefits and rights. These rules will strengthen protections 
for some of the Nation's most vulnerable workers, empower and support 
opportunities for advancement, secure our safety nets and advance 
equity and economic security.
    In just the first months of the Biden Administration, the 
Department of Labor has begun historic rulemakings on issues central to 
workers in the United States and their families, including worker 
safety, protections from discrimination, fair wages, and retirement 
security and health care. These include the following rulemakings:
     We issued an Emergency Temporary Standard to help protect 
millions of frontline healthcare workers from exposure and spread of 
COVID-19, a virus that has already claimed the lives of over 750,000 
people in the U.S. We also issued an Emergency Temporary Standard on 
Vaccination and Testing to protect more than 84 million additional 
workers from the consequences of COVID-19 exposure on the job. These 
science-based standards outline workplace safety protocols and will 
help save thousands of lives and prevents hundreds of thousands of 
hospitalizations.
     We finalized Interim Final Rules with the U.S. Department 
of Health and Human Services, the U.S. Department of Treasury, and the 
Office of Personnel Management to implement the No Surprises Act and 
protect people from unexpected medical expenses. Surprise billing can 
cause economic devastation for patients. This rule puts patients first 
by providing safeguards to keep families from financial ruin when they 
need medical care.
     We have also expeditiously withdrawn or rescinded rules as 
necessary to protect and strengthen workers' economic security, 
including withdrawing the Independent Contractor Rule and rescinding 
the Joint Employer Rule.
    The 2021 Regulatory Plan highlights the Labor Department's most 
noteworthy and significant rulemaking efforts, with each addressing the 
top priorities of its regulatory agencies: Employee Benefits Security 
Administration (EBSA), Employment and Training Administration (ETA), 
Mine Safety and Health Administration (MSHA), Office of Federal 
Contract Compliance Programs (OFCCP), Occupational Safety and Health 
Administration (OSHA), Office of Workers' Compensation Programs (OWCP), 
and Wage and Hour Division (WHD). These regulatory priorities exemplify 
the Secretary's agenda to empower all workers morning, noon, and night, 
including:
     Investing in and valuing the nation's care economy;
     Building a safe, modern, inclusive workforce; and
     Supporting a lifetime of worker empowerment.
    Under Secretary Walsh's leadership, the Department is committed to 
ensuring that equity, a strong foundation of evidence, and extensive 
stakeholder outreach are integral to all of our regulatory efforts. Our 
Regulatory Agenda additionally reflects our ongoing commitment to the 
Biden Administration's prioritization of economic relief, raising 
wages, and addressing the threat of climate change, while embedding 
equity across the department's agencies, policies, and programs.

Investing In and Valuing the Nation's Care Economy

    The Department's regulatory priorities reflect the Secretary's 
focus on care infrastructure to ensure workers have the opportunity and 
support to thrive in their jobs. That means ensuring workers can care 
for their families without risking their jobs, stay home when they're 
sick or when they need to care for a sick family member, and have 
access to the resources they need to manage their mental health.
     EBSA's rulemaking implementing the Mental Health Parity 
and Addiction Equity Act (MHPAEA) will strengthen health enforcement by 
clarifying plan and issuer obligations, promote compliance and address 
amendments to the Act from the Consolidated Appropriations Act of 2021.
    In addition, OSHA will supplement its outreach and enforcement with 
rulemaking that protects employees in the care economy. Enhancing our 
care infrastructure starts with making sure our frontline care 
providers are safe on the job.
     OSHA will propose an Infectious Diseases rulemaking to 
protect employees in healthcare and other high risk environments from 
exposure to and transmission of persistent and new infectious diseases, 
ranging from ancient scourges such as tuberculosis to newer threats 
such as Severe Acute Respiratory Syndrome (SARS), the 2019 Novel 
Coronavirus (COVID-19), and other diseases.
     OSHA will initiate small business consultations as its 
first step in developing a Workplace Violence rulemaking, to provide 
protections for healthcare and other care economy workers, who are the 
most frequent victims of violence on the job.

Building a Safe, Modern, Inclusive Workforce

    The Department's regulatory priorities reflect the Secretary's 
focus on ensuring people can have a good job and

[[Page 5117]]

opportunity for advancement. That means people can have a job that is 
safe, a job that pays a fair wage, a job that does not discriminate and 
that has opportunities for advancement. And that means a job where 
workers have a seat at the table and have a say in their work.
    The Department's health and safety regulatory proposals are aimed 
at eliminating preventable workplace injuries, illnesses and 
fatalities. Workplace safety also protects workers' economic security, 
ensuring that illness and injury do not force families into poverty. 
Our efforts will prevent workers from having to choose between their 
lives and their livelihood.
     OSHA will propose a rulemaking on heat illness prevention. 
Increased temperatures are posing a serious threat to workers laboring 
outdoors and in non-climate controlled indoor settings. Exposure to 
excessive heat is not only a hazard in itself, causing heat illness and 
even death; it is also an indirect hazard linked to the loss of 
cognitive skills which can also lead to workplace injuries and worker 
deaths. OSHA will develop a standard to protect workers from these heat 
hazards in the workplace, helping to save lives while we confront the 
growing threat of climate change.
     MSHA will propose a new silica standard to effectively 
assess health concerns with a goal of ensuring that all miners are safe 
at their work places.
     MSHA will promulgate a rule establishing that mine 
operators must develop and implement a written safety program for 
surface mobile equipment used at surface mines and surface areas of 
underground mines, in order to provide safe environments for miners.
    The Department's regulatory agenda prioritizes workers' economic 
security; ensures they receive a fair day's pay for a fair day's work, 
and do not face discrimination in hiring, employment, or benefits on 
the basis of race, gender, religion, disability, national origin, 
veteran's status, sexual orientation, or gender identity. ETA, OFCCP 
and WHD will focus on regulatory changes that will have significant 
impact on workers of color, immigrant workers, and workers with 
disabilities.
     OFCCP is proposing to rescind certain provisions related 
to the religious exemption for federal contractors and subcontractors, 
ensuring that the religious exemption contained in Executive Order 
11246 is applied consistently with nondiscrimination principles of 
Title VII of the Civil Rights Act of 1964, as amended.
     OFCCP will issue a proposal to modify the procedures for 
resolving potential employment discrimination, which is creating 
hurdles to effective enforcement.
     WHD issued regulations to implement President Biden's 
executive order requiring federal contractors to pay a $15 minimum wage 
to hundreds of thousands of workers who are working on federal 
contracts. This will eliminate subminimum wages paid to some tipped 
workers and workers with disabilities, improve the economic security of 
families and make progress toward reversing decades of income 
inequality.
     WHD is proposing to update and modernize the regulations 
implementing the Davis Bacon and Related Acts to provide greater 
clarity and ensure workers are truly paid local prevailing wages on 
federal construction contracts.
     WHD will propose updates to the overtime regulations to 
ensure that middle class jobs pay middle class wages, extending 
important overtime pay protections to millions of workers and raising 
their pay.
     WHD engaged in rulemaking to ensure the economic security 
of tipped workers.
     ETA will ensure fair wages and strengthen protections for 
foreign and U.S. workers under the H-1B/H-2A visa programs through 
regulatory changes.
    The Department is committed to ensuring workers have opportunities 
for employment and training and advancement in their jobs.
     ETA will ensure job-seekers can more easily get the 
support they need by proposing changes to the Wagner-Peyser Employment 
Service regulations.
     ETA is focused on ensuring high-quality apprenticeship 
programs, and as part of this, has proposed rescinding Industry 
Recognized Apprenticeship Programs (IRAP) rules and suspending further 
application review efforts for new IRAP Standard Recognition Entities 
in order to renew focus on Registered Apprenticeship.
    The Department is committed to ensuring workers have a seat at the 
table and furthering this Administration's support for unions and 
workers who are organizing unions, which are critical to achieving 
economic fairness and racial and gender justice.

Supporting a Lifetime of Worker Empowerment

    We are focused on making sure people do not have to worry that the 
loss of a job or need for medical care will destroy their financial 
well-being. People should be able to save for retirement, access health 
care, and have the support they need to get through a personal or 
family crisis or when they become injured or ill on the job.
     EBSA will support the administration's agenda to address 
the threat of climate change by implementing two executive orders that 
increase transparency in climate-related financial investment options. 
To carry out Executive Order 13990 ``Protecting Public Health and the 
Environment and Restoring Science to Tackle the Climate Crisis,'' and 
Executive Order 14030, ``Climate-Related Financial Risks,'' EBSA is 
proposing to remove provisions of the current regulation that 
inappropriately discourage consideration of environmental, social, and 
governance issues by fiduciaries in making investment and proxy voting 
decisions, and provide further clarity that would help safeguard the 
interests of participants and beneficiaries in the plan benefits.

DOL--OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS (OFCCP)

Proposed Rule Stage

112. Proposal To Rescind Implementing Legal Requirements Regarding the 
Equal Opportunity Clause's Religious Exemption

    Priority: Other Significant.
    Legal Authority: E.O. 11246
    CFR Citation: 41 CFR 60-1.
    Legal Deadline: None.
    Abstract: The Office of Federal Contract Compliance Programs is 
proposing to rescind the December 8, 2020, final rule, ``Implementing 
Legal Requirements Regarding the Equal Opportunity Clause's Religious 
Exemption'' (85 FR 79324), which would include the removal of certain 
definitions at 41 CFR 60-1.3 related to the religious exemption and 41 
CFR 60-1.5(e) and (f). The rescission would ensure that the religious 
exemption contained in section 204(c) of Executive Order 11246 is 
consistent with nondiscrimination principles of Title VII of the Civil 
Rights Act of 1964, as amended. The notice of proposed rescission was 
published on November 9, 2021.
    Statement of Need: The Office of Federal Contract Compliance 
Programs issued a proposal to rescind the regulations established in 
the final rule titled Implementing Legal Requirements Regarding the 
Equal Opportunity Clause's Religious Exemption and returning to the 
agency's traditional approach, which applies Title VII principles and 
applicable case law and thus will promote clarity and consistency in 
the application of the religious exemption.

[[Page 5118]]

    Summary of Legal Basis: Executive Order 11246 (as amended).
    Alternatives: OFCCP considered the alternative of engaging in 
affirmative rulemaking to replace the 2020 rule rather than rescinding 
it.
    Anticipated Cost and Benefits: The Department prepared estimates of 
the anticipated costs and discussed benefits associated with the 
proposed rule.
    Risks: To be determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/15/19  84 FR 41677
NPRM Comment Period End.............   09/16/19  .......................
Final Rule..........................   12/09/20  85 FR 79324
Final Rule Effective................   01/08/21  .......................
Notification of Proposed Rescission.   11/09/21  86 FR 62115
Notification of Proposed Rescission    12/09/21  .......................
 Comment Period End.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Undetermined.
    URL For Public Comments: https://www.regulations.gov/document/OFCCP-2021-0001-0001.
    Agency Contact: Tina Williams, Director, Division of Policy and 
Program Development, Department of Labor, Office of Federal Contract 
Compliance Programs, 200 Constitution Avenue NW, Room C-3325, 
Washington, DC 20210, Phone: 202 693-0104, Email: 
[email protected].
    RIN: 1250-AA09

DOL--OFCCP

113. Modification of Procedures To Resolve Potential Employment 
Discrimination

    Priority: Other Significant.
    Legal Authority: E.O. 11246; 29 U.S.C. 793; 38 U.S.C. 4216
    CFR Citation: 41 CFR 60-1, 60-2, 60-4, 60-20, 60-30; 41 CFR 60-40, 
60-50, 60-300, 60-741.
    Legal Deadline: None.
    Abstract: This proposal would modify certain provisions set forth 
in the November 10, 2020 final rule, Nondiscrimination Obligations of 
Federal Contractors and Subcontractors: Procedures To Resolve Potential 
Employment Discrimination (85 FR 71553) and make other related changes 
to the pre-enforcement notice and conciliation process. The proposal 
will promote effective enforcement through OFCCP's regulatory 
procedures.
    Statement of Need: The Office of Federal Contract Compliance 
Programs intends to issue a Proposed Rule to modify regulations that 
delineate procedures and standards the agency follows when issuing pre-
enforcement notices and securing compliance through conciliation. This 
proposal would support OFCCP in fulfilling its mission to ensure equal 
employment opportunity.
    Summary of Legal Basis: Executive Order 11246 (as amended), section 
503 of the Rehabilitation Act (as amended), and the Vietnam Era 
Veterans' Readjustment Assistance Act (as amended).
    Alternatives: To be determined.
    Anticipated Cost and Benefits: The Department will prepare 
estimates of the anticipated costs and discuss benefits associated with 
the proposed rule.
    Risks: To be determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Agency Contact: Tina Williams, Director, Division of Policy and 
Program Development, Department of Labor, Office of Federal Contract 
Compliance Programs, 200 Constitution Avenue NW, Room C-3325, 
Washington, DC 20210, Phone: 202 693-0104, Email: 
[email protected].
    RIN: 1250-AA14

DOL--WAGE AND HOUR DIVISION (WHD)

Proposed Rule Stage

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

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: Undetermined.
    Legal Authority: 29 U.S.C. 201 et seq.; 29 U.S.C. 213
    CFR Citation: 29 CFR 541.
    Legal Deadline: None.
    Abstract: WHD is reviewing the regulations at 29 CFR 541, which 
implement the exemption of bona fide executive, administrative, and 
professional employees from the Fair Labor Standards Act's minimum wage 
and overtime requirements.
    Statement of Need: One of the primary goals of this rulemaking 
would be to update the salary level requirement of the section 13(a)(1) 
exemption. A salary level test has been part of the regulations since 
1938 and it has been long recognized that the best single test of the 
employer's good faith in attributing to the employee's services is the 
amount he pays for them. In prior rulemakings, the Department explained 
its commitment to update the standard salary level and Highly 
Compensated Employees (HCE) total compensation levels more frequently. 
Regular updates promote greater stability, avoid disruptive salary 
level increases that can result from lengthy gaps between updates and 
provide appropriate wage protection.
    Summary of Legal Basis: Section 13(a)(1) of the FLSA, codified at 
29 U.S.C. 213(a)(1), exempts any employee employed in a bona fide 
executive, administrative, or professional capacity or in the capacity 
of outside salesman (as such terms are defined and delimited from time 
to time by regulations of the Secretary, subject to the provisions of 
the [Administrative Procedure Act.]) The FLSA does not define the terms 
executive, administrative, professional, or outside salesman. However, 
pursuant to Congress' grant of rulemaking authority, the Department 
issued regulations at 29 CFR part 541, defining the scope of the 
section 13(a)(1) exemptions. Congress explicitly delegated to the 
Secretary of Labor the power to define and delimit the specific terms 
of the exemptions through notice-and-comment rulemaking.
    Alternatives: Alternatives will be developed in considering 
proposed revisions to the current regulations. The public will be 
invited to provide comments on the proposed revisions and possible 
alternatives.
    Anticipated Cost and Benefits: The Department will prepare 
estimates of the anticipated costs and benefits associated with the 
proposed rule.
    Risks: This action does not affect public health, safety, or the 
environment.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations.
    Government Levels Affected: Federal, Local, State, Tribal.

[[Page 5119]]

    Federalism: Undetermined.
    Agency Contact: Amy DeBisschop, Director of the Division of 
Regulations, Legislation, and Interpretation, Department of Labor, Wage 
and Hour Division, 200 Constitution Avenue NW, FP Building, Room S-
3502, Washington, DC 20210, Phone: 202 693-0406.
    RIN: 1235-AA39

DOL--WHD

115. Modernizing the Davis-Bacon and Related Acts Regulations

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 40 U.S.C. 3141 et seq.; 40 U.S.C. 3145
    CFR Citation: 29 CFR 1; 29 CFR 3; 29 CFR 5; 29 CFR 6; 29 CFR 7.
    Legal Deadline: None.
    Abstract: The Davis-Bacon Act (DBA) was enacted in 1931 and amended 
in 1935 and 1964. The DBA requires the payment of locally prevailing 
wages and fringe benefits to laborers and mechanics as determined by 
the Department of Labor. The DBA applies to direct Federal contracts 
and District of Columbia contracts in excess of $2,000 for the 
construction, alteration, or repair of public buildings or public 
works. Congress has included DBA prevailing wage requirements in 
numerous statutes (referred to as Related Acts) under which Federal 
agencies assist construction projects through grants, loans, 
guarantees, insurance, and other methods. Covered contractors and 
subcontractors must pay their laborers and mechanics employed under the 
contract no less than the locally prevailing wage rates and fringe 
benefits as required by the applicable wage determination. The 
Department proposes to update and modernize the regulations 
implementing the Davis-Bacon and Related Acts to provide greater 
clarity and enhance their usefulness in the modern economy.
    Statement of Need: The Department proposes to update and modernize 
the regulations implementing the Davis-Bacon and Related Acts to 
provide greater clarity and enhance their usefulness in the modern 
economy.
    Summary of Legal Basis: These regulations are authorized by Title 
40, sections 3141-3148. Minimum wages are defined as those determined 
by the Secretary to be (a) prevailing; (b) in the locality of the 
project; (c) for similar craft and skills; (d) on comparable 
construction work. See section 3142.
    Alternatives: Alternatives will be developed in considering 
proposed revisions to the current regulations. The public will be 
invited to provide comments on the proposed revisions and possible 
alternatives.
    Anticipated Cost and Benefits: The Department will prepare 
estimates of the anticipated costs and benefits associated with the 
proposed rule.
    Risks: This action does not affect public health, safety, or the 
environment.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, Local, State, Tribal.
    Federalism: Undetermined.
    Agency Contact: Amy DeBisschop, Director of the Division of 
Regulations, Legislation, and Interpretation, Department of Labor, Wage 
and Hour Division, 200 Constitution Avenue NW, FP Building, Room S-
3502, Washington, DC 20210, Phone: 202 693-0406.
    RIN: 1235-AA40

DOL--WHD

Final Rule Stage

116. Tip Regulations Under the Fair Labor Standards Act (FLSA)

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: This action may affect the private sector under 
Public Law 104-4.
    Legal Authority: Fair Labor Standards Act; 29 U.S.C. 201 et seq.; 
29 U.S.C. 203(m); Pub. L. 115-141
    CFR Citation: 29 CFR 531; 29 CFR 10; 29 CFR 516; 29 CFR 578; 29 CFR 
579; 29 CFR 580.
    Legal Deadline: None.
    Abstract: In the Consolidated Appropriations Act of 2018 (``CAA''), 
Congress amended section 3(m) of the Fair Labor Standards Act 
(``FLSA'') to prohibit employers from keeping tips received by their 
employees, regardless of whether the employers take a tip credit under 
section 3(m). Congress also amended section 16(e) of the FLSA to allow 
the Department to impose civil money penalties (``CMPs'') when 
employers unlawfully keep employees' tips. On December 30, 2020, the 
Wage and Hour Division (``WHD'') published Tip Regulations Under the 
Fair Labor Standards Act (the ``2020 Tip final rule'') in the Federal 
Register to address these amendments and to codify guidance regarding 
the FLSA tip credit's application to employees who perform tipped and 
non-tipped duties. The effective date of the 2020 Tip final rule was 
March 1, 2021, but the Department extended that date until April 30, 
2021, in accordance with the Presidential directive as expressed in the 
memorandum of January 20, 2021, from the Assistant to the President and 
Chief of Staff. The Department further delayed three portions of the 
2020 Tip final rule until December 31, 2021: Two portions addressing 
the assessment of CMPs and the portion addressing the application of 
the FLSA tip credit to tipped employees who perform tipped and non-
tipped duties. The Department proposed to withdraw these three portions 
of the 2020 Tip final rule and proposed new language addressing these 
three issues. On September 24, 2021, a Department final rule (CMP final 
rule) was published in the Federal Register, which among other things, 
adopted language upholding the Department's statutorily-granted 
discretion with regard to section 3(m)(2)(B) CMPs, and aligned the 
Department's regulations with the FLSA's statutory text. On June 23, 
2021, the Department published an NPRM (Dual Jobs NPRM) in the Federal 
Register, 86 FR 32818, proposing to withdraw and repropose the portion 
of the 2020 Tip final rule addressing when a tipped employee performs 
both tipped and non-tipped duties under the FLSA. The comment period 
closed on August 23, 2021. The Department published a final rule on 
October 29, 2021 to finalize its proposal to withdraw one portion of 
the Tip Regulations Under the FLSA (2020 Tip final rule) and finalize 
its proposed revisions related to the determination of when a tipped 
employee is employed in dual jobs. Specifically, the Department amended 
its regulations to clarify that an employer may only take a tip credit 
when its tipped employees perform work that is part of the employee's 
tipped occupation.
    Statement of Need: Upon review of the portion of the 2020 Tip final 
rule addressing when a tipped employee performs both tipped and non-
tipped duties under the FLSA, the Department was concerned that the 
lack of clear guidelines in the rule regarding when a tipped employee 
who is performing non-tipped duties is still engaged in a tipped 
occupation, such that an employer can continue to take a tip credit for 
the time the tipped employee spends on such non-tipped work failed

[[Page 5120]]

to achieve its goal of providing certainty for employers and created 
the potential for the misuse of the FLSA tip credit. Among other 
things, the 2020 Tip final rule would have permitted an employer to 
take a tip credit for time that an employee in a tipped occupation 
spends performing related, non-tipped duties contemporaneously with 
tipped duties, or for a reasonable time immediately before or after 
performing the tipped duties. The Department believes that because the 
2020 Tip final rule did not define these key terms, the 2020 Tip final 
rule will invite rather than limit litigation in this area, and thus 
may not support one of the rule's stated justifications for departing 
from established guidance. The Dual Jobs final rule clarifies that an 
employer may only take a tip credit when its tipped employees perform 
work that is part of the employee's tipped occupation.
    Summary of Legal Basis: The Fair Labor Standards Act (FLSA or Act) 
generally requires covered employers to pay employees at least the 
federal minimum wage, which is currently $7.25 per hour. See 29 U.S.C. 
206(a)(1). Section 3(m) of the FLSA allows an employer that meets 
certain requirements to take a credit toward its minimum wage 
obligations of a limited amount, currently up to $5.12 per hour, of the 
tips received by employees (known as a tip credit). See 29 U.S.C. 
203(m)(2)(A). Section 3(t) of the FLSA defines a tipped employee for 
whom an employer may take a tip credit under section 3(m) as any 
employee engaged in an occupation in which he customarily and regularly 
receives more than $30 a month in tips. See 29 U.S.C. 203(t). The FLSA 
regulations addressing tipped employment are codified at 29 CFR 531.50 
through 531.60. See also 29 CFR 10.28 (establishing a tip credit for 
federal contractor employees covered by Executive Order 13658 who are 
tipped employees under section 3(t) of the FLSA).
    Alternatives: The Department issued this final rule upon a reasoned 
determination that its benefits justify its costs; and that it is 
tailored to impose the least burden on society, consistent with 
obtaining the regulatory objectives; and that, in choosing among 
alternative regulatory approaches, the agency has selected those 
approaches that maximize net benefits. Executive Order 13563 recognizes 
that some costs and benefits are difficult to quantify and provides 
that, when appropriate and permitted by law, agencies may consider and 
discuss qualitatively values that are difficult or impossible to 
quantify, including equity, human dignity, fairness, and distributive 
impacts. The analysis in the final rule outlines the impacts that the 
Department anticipates may result from this rule.
    Anticipated Cost and Benefits: The Department believes that the 
revisions to its regulations regarding when a tipped employee is 
employed in dual jobs provides increased clarity to employers and 
workers and ensures workers are paid the wages they are owed. In the 
Dual Jobs final rule, the Department estimated that these changes would 
lead to costs for Year 1 that will consist of rule familiarization 
costs, adjustment costs, and management costs, and would be 
$224,882,399 ($23,827,236 + $23,827,236 + $177,227,926). For the 
following years, the Department estimates that costs will only consist 
of management costs and would be $177,227,926. Additionally, the 
Department estimated average annualized costs of this rule over 10 
years. Over 10 years, it will have an average annual cost of $183.6 
million calculated at a 7 percent discount rate ($151.1 million 
calculated at a 3 percent discount rate). All costs are in 2019 
dollars.
    Risks: This action does not affect public health, safety, or the 
environment.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/05/17  82 FR 57395
NPRM Comment Period Extended........   12/15/17  82 FR 59562
NPRM Comment Period Extended End....   02/05/18  .......................
NPRM; and Withdrawal of NPRM dated     10/08/19  84 FR 53956
 12/05/2017 (82 FR 57395).
NPRM Comment Period End.............   12/09/19  .......................
NPRM Comment Period Extension.......   12/11/19  84 FR 67681
NPRM Comment Period Extension End...   12/11/19  .......................
Final Rule (2020 Tip final rule)....   12/30/20  85 FR 86756
Proposed Delay of Final Rule           02/05/21  86 FR 8325
 Effective Date (to 4/30/21).
Proposed Delay of Final Rule           02/17/21  .......................
 Effective Date Comment Period End.
Final Rule Delay of Effective Date     02/26/21  86 FR 11632
 (to 4/30/21).
Final Rule Delay of Effective Date     04/30/21  .......................
 Effective.
NPRM; Partial Withdrawal (CMP NPRM).   03/25/21  86 FR 15817
NPRM; Partial Withdrawal (CMP NPRM)    05/24/21  .......................
 Comment Period End.
NPRM; Proposed Delay of Effective      03/25/21  86 FR 15811
 Date (to 12/31/2021).
NPRM; Proposed Delay of Effective      04/14/21  .......................
 Date Comment Period End (to 12/31/
 21).
Final Rule; Delay of Effective Date    04/29/21  86 FR 22597
 (to 12/31/21).
Final Rule; Partial Withdrawal (CMP    09/24/21  86 FR 52973
 Final Rule).
Final Rule; Partial Withdrawal (CMP    11/23/21  .......................
 Final Rule) Effective.
NPRM; Partial Withdrawal (Dual Jobs    06/23/21  86 FR 32818
 NPRM).
NPRM; Partial Withdrawal (Dual Jobs    08/23/21  .......................
 NPRM) Comment Period End.
Final Rule; Partial Withdrawal (Dual   10/29/21  86 FR 60114
 Jobs Final Rule).
Final Rule; Partial Withdrawal (Dual   12/28/21  .......................
 Jobs Final Rule) Effective.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Agency Contact: Amy DeBisschop, Director of the Division of 
Regulations, Legislation, and Interpretation, Department of Labor, Wage 
and Hour Division, 200 Constitution Avenue NW, FP Building, Room S-
3502, Washington, DC 20210, Phone: 202 693-0406.
    RIN: 1235-AA21


[[Page 5121]]



DOL--WHD

117. E.O. 14026, Increasing the Minimum Wage for Federal Contractors

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: This action may affect the private sector under 
Public Law 104-4.
    Legal Authority: E.O. 14026
    CFR Citation: 29 CFR 23; 29 CFR 10.
    Legal Deadline: None.
    Abstract: On April 27, 2021, President Joseph Biden issued E.O. 
14026, Increasing the Minimum Wage for Federal Contractors to promote 
economy and efficiency in procurement by increasing the hourly minimum 
wage rate paid by parties that contract with the Federal Government to 
$15.00 for those employees working on or in connection with a Federal 
Government contract. These regulations will implement the Executive 
Order.
    Statement of Need: President Biden issued Executive Order 14026 
pursuant to his authority under the Constitution and the laws of the 
United States, expressly including the Federal Property and 
Administrative Services Act (Procurement Act), 40 U.S.C. 101 et seq. 86 
FR 22835. The Executive order directs the Secretary to issue 
regulations by November 24, 2021, consistent with applicable law, to 
implement the order's requirements.
    Summary of Legal Basis: The Procurement Act authorizes the 
President to prescribe policies and directives that the President 
considers necessary to carry out the statutory purposes of ensuring 
economical and efficient government procurement and administration of 
government property. 40 U.S.C. 101, 121(a). Executive Order 14026 
delegates to the Secretary the authority to issue regulations to 
implement the requirements of this order. 86 FR 22836. The Secretary 
has delegated his authority to promulgate these regulations to the 
Administrator of the WHD and to the Deputy Administrator of the WHD if 
the Administrator position is vacant. Secretary's Order 01-2014 (Dec. 
19, 2014), 79 FR 77527 (published Dec. 24, 2014); Secretary's Order 01-
2017 (Jan. 12, 2017), 82 FR 6653 (published Jan. 19, 2017).
    Alternatives: The Department noted that due to the prescriptive 
nature of Executive Order 14026, the Department does not have the 
discretion to implement alternatives that would violate the text of the 
Executive order, such as the adoption of a higher or lower minimum wage 
rate, or continued exemption of recreational businesses. However, the 
Department considered several alternatives to discretionary proposals 
set forth in this final rule. In the final rule, the Department 
proposed to define the term United States, when used in a geographic 
sense, to mean the 50 States, the District of Columbia, Puerto Rico, 
the Virgin Islands, Outer Continental Shelf lands as defined in the 
Outer Continental Shelf Lands Act, American Samoa, Guam, the 
Commonwealth of the Northern Mariana Islands, Wake Island, and Johnston 
Island.
    The Department considered defining the term United States to 
exclude contracts performed in the territories listed above, consistent 
with the discretionary decision made in the Department's prior 
rulemaking implementing Executive Order 13658. Such an alternative 
would result in fewer contracts covered by Executive Order 14026 and 
fewer workers entitled to an initial $15 hourly minimum wage for work 
performed on or in connection with such contracts. This alternative was 
rejected because the Department has further examined the issue since 
its prior rulemaking in 2014 and consequently determined that the 
Federal Government's procurement interests in economy and efficiency 
would be promoted by extending the Executive Order 14026 minimum wage 
to workers performing on or in connection with covered contracts.
    A second alternative the Department considered in the final rule 
was raising (or eliminating) the 20 percent threshold for an exclusion 
for FLSA-covered workers performing in connection with covered 
contracts. If the Department were to omit this exclusion, more workers 
would be covered by the rule, and contractors would be required to pay 
more workers the applicable minimum wage rate (initially $15 per hour) 
for time spent performing in connection with covered contracts. This 
would result in greater income transfers to workers. Conversely, if the 
Department were to raise the 20 percent threshold, fewer workers would 
be covered by the rule, resulting in a smaller income transfer to 
workers.
    The Department rejected this regulatory alternative because having 
an exclusion for FLSA-covered workers performing in connection with 
covered contracts based on a 20 percent of hours worked in a week 
standard is a reasonable interpretation.
    Anticipated Cost and Benefits: In the final rule, the Department 
estimated the number of employees who would, as a result of the 
Executive order and the proposed rule, see an increase in their hourly 
wage, i.e., affected employees. The Department estimates there will be 
327,300 affected employees in the first year of implementation (Table 1 
of final rule). During the first 10 years the rule is in effect, 
average annualized direct employer costs are estimated to be $2.4 
million (Table 1 of final rule) assuming a 7 percent real discount rate 
(hereafter, unless otherwise specified, average annualized values will 
be presented using a 7 percent real discount rate). This estimated 
annualized cost includes $1.9 million for regulatory familiarization 
and $538,500 for implementation costs. Other potential costs are 
discussed qualitatively.
    The direct transfer payments associated with this rule are 
transfers of income from employers to employees in the form of higher 
wage rates. Estimated average annualized transfer payments are $1.75 
billion per year over 10 years.
    The Department expects that increasing the minimum wage of Federal 
contract workers will generate several important benefits. However, due 
to data limitations, these benefits are not monetized. As noted in the 
Executive order, the NPRM will promote economy and efficiency. 
Specifically, the proposed rule discusses benefits from improved 
government services, increased morale and productivity, reduced 
turnover, reduced absenteeism, and reduced poverty and income 
inequality for Federal contract workers.
    Risks: This action does not affect public health, safety, or the 
environment.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/23/21  86 FR 38816
NPRM Comment Period Extension.......   08/04/21  86 FR 41907
NPRM Comment Period Extension End...   08/27/21  .......................
Final Rule..........................   11/24/21  86 FR 67126
Final Rule Effective Date...........   01/30/22  .......................
Final Rule Applicability Date.......   01/30/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Agency Contact: Amy DeBisschop, Director of the Division of 
Regulations, Legislation, and Interpretation, Department of Labor, Wage 
and Hour Division, 200 Constitution Avenue NW, FP Building, Room S-
3502, Washington, DC 20210, Phone: 202 693-0406.
    RIN: 1235-AA41


[[Page 5122]]



DOL--EMPLOYMENT AND TRAINING ADMINISTRATION (ETA)

Proposed Rule Stage

118. Wagner-Peyser Act Staffing

    Priority: Other Significant.
    Legal Authority: Wagner-Peyser Act
    CFR Citation: 20 CFR 651; 20 CFR 652; 20 CFR 653; 20 CFR 658.
    Legal Deadline: None.
    Abstract: The Department proposes to revise the Wagner-Peyser Act 
regulations regarding Employment Services (ES) staffing to require that 
states use state merit staff to provide ES services, including Migrant 
and Seasonal Farmworker (MSFW) services, and to improve service 
delivery for migrant and seasonal farmworkers (MSFW).
    Statement of Need: The Department has identified areas of the 
regulation that should be changed to create a uniform standard of ES 
services provision for all States.
    Summary of Legal Basis: The Department is undertaking this 
rulemaking pursuant to its authority under the Wagner-Peyser Act.
    Alternatives: Two alternatives will be considered, and the public 
will have the opportunity to comment on these alternatives after 
publication of the NPRM.
    Anticipated Cost and Benefits: The proposed rule is expected to 
have one-time rule familiarization costs of $4,205 in 2020 dollars, as 
well as unknown transition costs. The proposed rule is also expected to 
have annual transfer payments of $9.6 million for three of the five 
States that currently have non-State merit staff providing some labor 
exchange services. In the NPRM, the Department will solicit comments 
from stakeholders and the public on the unknown transition costs, plus 
transfer payments that would be incurred by the two additional States 
with some non-State merit staff providing labor exchange services.
    Risks: This action does not affect the public health, safety, or 
the environment.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: State.
    Agency Contact: Kimberly Vitelli, Administrator, Office of 
Workforce Investment, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW, FP Building, Room C-4526, 
Washington, DC 20210, Phone: 202 693-3980, Email: 
[email protected].
    RIN: 1205-AC02

DOL--ETA

119. Apprenticeship Programs, Labor Standards for Registration, 
Amendment of Regulations

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: The National Apprenticeship Act, as amended (50 
Stat. 664) 29 U.S.C. 50
    CFR Citation: 29 CFR 29.
    Legal Deadline: None.
    Abstract: On February 17, 2021, the President signed an Executive 
Order: (1) Revoking Executive Order 13801 (issued on June 15, 2017); 
and (2) directing federal departments and agencies to consider taking 
steps promptly to rescind any orders, rules, regulations, guidelines or 
policies implementing Executive Order 13801. The Department is 
considering amending its apprenticeship regulations to rescind subpart 
B of title 29 CFR part 29, Labor Standards for the Registration of 
Apprenticeship Programs, including the status of those Standards 
Recognition Entities and Industry Recognized Apprenticeship Programs 
(IRAPs) that previously received recognition under the provisions of 29 
CFR part 29, subpart B, and to make additional conforming edits in 
subpart A as appropriate.
    Statement of Need: Executive Order 14016 (86 FR 11089), issued by 
the President on February 17, 2021, directed Federal agencies to 
promptly consider taking steps to rescind any orders, rules, 
regulations, guidelines, or policies implementing E.O. 13801. In 
response to E.O. 14016, the Department has reviewed the IRAP system and 
has determined that, because the IRAP system has fewer quality training 
and worker protection standards than the Registered Apprenticeship 
system and results in a duplicative system of apprenticeship, it will 
issue a proposed regulation to rescind subpart B of title 29 CFR part 
29, Labor Standards for the Registration of Apprenticeship Programs.
    Summary of Legal Basis: The National Apprenticeship Act of 1937 
(NAA), 29 U.S.C. 50, authorizes the Secretary of Labor (Secretary) to: 
(1) Formulate and promote the use of labor standards necessary to 
safeguard the welfare of apprentices and to encourage their inclusion 
in apprenticeship contracts; (2) bring together employers and labor for 
the formulation of programs of apprenticeship; and (3) cooperate with 
State agencies engaged in the formulation and promotion of standards of 
apprenticeship.
    Alternatives: Alternatives were proposed in the NPRM that is open 
for public comment.
    Anticipated Cost and Benefits: The Department's preliminary 
estimates is anticipated cost savings of $8.9 million over the first 10 
years of the proposed rule (2022-2031). Details for costs and benefits 
will be prepared.
    Risks: This action does not affect the public health, safety, or 
the environment.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/15/21  86 FR 62966
NPRM Comment Period End.............   01/14/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Agency Contact: John V. Ladd, Administrator, Office of 
Apprenticeship, Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW, FP Building, Room C-5311, 
Washington, DC 20210, Phone: 202 693-2796, Fax: 202 693-3799, Email: 
[email protected].
    RIN: 1205-AC06

DOL--EMPLOYEE BENEFITS SECURITY ADMINISTRATION (EBSA)

Proposed Rule Stage

120. Prudence and Loyalty in Selecting Plan Investments and Exercising 
Shareholder Rights

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 29 U.S.C. 1104; 29 U.S.C. 1135
    CFR Citation: 29 CFR 2550.
    Legal Deadline: None.
    Abstract: This rulemaking implements Executive Order 13990 of 
January 20, 2021, titled Protecting Public Health and the Environment 
and Restoring Science to Tackle the Climate Crisis, and Executive Order 
14030 of May 20, 2021, titled Climate-Related Financial Risks. Among 
other things, these Executive Orders direct Federal agencies to review 
existing regulations promulgated, issued, or adopted between January 
20, 2017, and January 20, 2021, that are or may be inconsistent with, 
or present obstacles to, the

[[Page 5123]]

policies set forth in section 1 of the orders 86 FR 7037 (January 25, 
2021); 86 FR 27967 (May 25, 2021). Such policies include the promotion 
and protection of public health and the environment and ensuring that 
agency activities are guided by the best science and protected by 
processes that ensure the integrity of Federal decision-making, and to 
advance consistent, clear, intelligible, comparable, and accurate 
disclosure of climate-related financial risk, including both physical 
and transition risks. Section 2 of E.O. 13990 provides that for any 
such regulatory actions identified by the agencies, the heads of 
agencies shall, as appropriate and consistent with applicable law, 
consider suspending, revising, or rescinding the agency actions. 
Section 4 of E.O. 14030 directs the Secretary of Labor to consider 
publishing, by September 2021, for notice and comment a proposed rule 
to suspend, revise, or rescind ``Financial Factors in Selecting Plan 
Investments,'' 85 FR 72846 (November 13, 2020), and ``Fiduciary Duties 
Regarding Proxy Voting and Shareholder Rights,'' 85 FR 81658 (December 
16, 2020). The Department of Labor's Employee Benefits Security 
Administration therefore will undertake a review of regulations under 
title I of the Employee Retirement Income Security Act in accordance 
with these orders, including ``Financial Factors in Selecting Plan 
Investments,'' 85 FR 72846 (November 13, 2020), and ``Fiduciary Duties 
Regarding Proxy Voting and Shareholder Rights,'' 85 FR 81658 (December 
16, 2020).
    Statement of Need: The Department of Labor's Employee Benefits 
Security Administration undertook a review of the ``Financial Factors 
in Selecting Plan Investments'' and the ``Fiduciary Duties Regarding 
Proxy Voting and Shareholder Rights,'' final rules in accordance with 
Executive Order 13990 and Executive Order 14030. Those final rules were 
intended to provide clarity and certainty regarding the scope and 
application of ERISA fiduciary duties to plan investment decisions and 
to the exercise of shareholder rights, including proxy voting. 
Stakeholder reactions to the 2020 rules, however, suggest that the 
rules may have caused more confusion than clarity. Many interested 
stakeholders have expressed concerns that the terms and tone of the 
rules and related preambles have increased uncertainty about the extent 
to which plan fiduciaries may take into account environmental, social, 
or governance (ESG) considerations, including climate-related financial 
risk, in their investment and proxy voting decisions, and that the 
final rules have and will continue to have chilling effects contrary to 
the financial interests of ERISA plans and their participants and 
beneficiaries. The NPRM is needed to address these concerns and 
negative impacts.
    Summary of Legal Basis: The Department is proposing the amendments 
pursuant to ERISA sections 404 (29 U.S.C. 1104) and 505 (29 U.S.C. 
1135), and Executive Order 14030 (86 FR 27967 (May 25, 2021)) and 
Executive Order 13990 (86 FR 7037 (January 25, 2021)).
    Alternatives: The Department considered various alternatives, 
including leaving the current regulations in place without change, 
rescinding the Financial Factors in Selecting Plan Investments and 
Fiduciary Duties Regarding Proxy Voting and Shareholder Rights final 
rules, and revising the current regulation by, in effect, reverting it 
to its form before the 2020 final rules.
    Anticipated Cost and Benefits:
    Anticipated Benefits--The primary benefit of the proposal is 
clarification of legal standards, which should empower fiduciaries to 
take proper account of ESG factors when making investment decisions and 
exercising proxy voting rights on behalf of plan participants. The 
Department has heard from stakeholders that the current regulation, and 
investor confusion about it, has already had a chilling effect on 
appropriate integration of ESG factors in investment decisions, and 
could deter plan fiduciaries from taking into account ESG factors even 
when they are material to a risk-return analysis. Stakeholders also 
indicated that confusion surrounding the current regulation could 
discourage proxy voting and other exercises of shareholder rights even 
when doing so is in the plan's best interest. A significant benefit of 
this proposal would be to ensure that plans do not inappropriately 
avoid considering material ESG factors when selecting investments or 
exercising shareholder rights, as they might otherwise be inclined to 
do under the current regulation. Acting on material ESG factors in 
these contexts, and in a manner consistent with the proposal, will 
redound, in the first instance, to employee benefit plans covered by 
ERISA and their participants and beneficiaries, and secondarily and 
indirectly, to society more broadly but without any sacrifices by the 
participants and beneficiaries in ERISA plans. Further, by ensuring 
that plan fiduciaries would not sacrifice investment returns or take on 
additional investment risk to promote unrelated goals, this proposal 
would lead to increased investment returns over the long run. The 
proposal would also make certain that ERISA regulation would not chill 
or otherwise discourage proxy voting by plans governed by the economic 
interests of the plan and its participants. This would promote 
management accountability to shareholders, including the affected 
shareholder plans. These benefits, while difficult to quantify, are 
anticipated to outweigh the costs.
    Anticipated Costs--By reversing aspects of the current regulation, 
this proposal would facilitate certain activities among plan 
fiduciaries in their investment decisions, including potential changes 
in asset management strategies and proxy voting behavior, that these 
plan fiduciaries otherwise likely would not take under the current 
regulation. The precise impact of this proposal on such behavior is 
uncertain. Therefore, a precise quantification of all costs similarly 
is not possible. To the extent that the proposal changes investment-
related behavior among ERISA plans, its benefits are expected to 
outweigh the costs. Overall, the costs of the proposal are expected to 
be relatively small, in part because the Department assumes most plan 
fiduciaries are complying with the pre-2020 interpretive bulletins to 
the extent relevant to costs (specifically Interpretive Bulletin 2016-1 
and 2015-1), and it is expected that the proposal would track that 
guidance to a very large extent. Known incremental costs of the 
proposal would be minimal on a per-plan basis.
    Risks: The risk of not pursuing this rulemaking is that, if the 
current regulation is not amended, it could have a) a negative impact 
on plans' financial performance as they avoid materially sound ESG 
investments or integration of material ESG considerations in investment 
analysis, b) a negative impact on plans' financial performance as they 
shy away from economically relevant considerations in proxy voting and 
from exercising shareholder rights on material issues, and c) broader 
negative economic/societal impacts (e.g., negative impacts on climate 
change and on corporate managers' accountability to the shareholders 
who own the companies they serve).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/14/21  86 FR 57272
NPRM Comment Period End.............   12/13/21

[[Page 5124]]

 
Analyze Comments....................   03/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    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-AC03

DOL--EBSA

121.  Mental Health Parity and Addiction Equity Act and the 
Consolidated Appropriations Act, 2021

    Priority: Other Significant.
    Legal Authority: Pub. L. 116-260, Division BB, Title II; Pub. L. 
110-343, secs. 511-512
    CFR Citation: Not Yet Determined.
    Legal Deadline: None.
    Abstract: This rule would propose amendments to the final rules 
implementing the Mental Health Parity and Addiction Equity Act 
(MHPAEA). The amendments would clarify plans' and issuers' obligations 
under the law, promote compliance with MHPAEA, and update requirements 
to take into account experience with MHPAEA in the years since the 
rules were finalized as well as amendments to the law recently enacted 
as part of the Consolidated Appropriations Act, 2021.
    Statement of Need: There have been a number of legislative 
enactments related to MHPAEA since issuance of the 2014 final rules, 
including the 21st Century Cures Act, the Support Act, and the 
Consolidated Appropriations Act, 2021. This rule would propose 
amendments to the final rules and incorporate examples and 
modifications to account for this legislation and previously issued 
guidance and to take into account experience with MHPAEA in the years 
since the rules were finalized.
    Summary of Legal Basis: The Department of Labor regulations would 
be adopted pursuant to the authority contained in 29 U.S.C. 1002, 1135, 
1182, 1185d, 1191a, 1191b, and 1191c; Secretary of Labor's Order 1-
2011, 77 FR 1088 (Jan. 9, 2012).
    Alternatives: Not yet determined.
    Anticipated Cost and Benefits: Not yet determined.
    Risks: Not yet determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: State.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    Agency Contact: Amber Rivers, Director, Office of Health Plan 
Standards and Compliance Assistance, Department of Labor, Employee 
Benefits Security Administration, 200 Constitution Avenue NW, 
Washington, DC 20210, Phone: 202 693-8335, Email: [email protected].
    RIN: 1210-AC11

DOL--EBSA

Final Rule Stage

122. Requirements Related to Surprise Billing, Part 1

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: Pub. L. 116-260, Division BB, Title I and Title II
    CFR Citation: Not Yet Determined.
    Legal Deadline: NPRM, Statutory, July 1, 2021, Statutory Deadline 
for Rulemaking.
    Abstract: This interim final rule with comment would implement 
certain protections against surprise medical bills under the No 
Surprises Act, including requirements on group health plans, issuers 
offering group or individual health insurance coverage, providers, 
facilities, and providers of air ambulance services.
    Statement of Need: Surprise bills can cause significant financial 
hardship and cause individuals to forgo care. The No Surprises Act 
provides federal protections against surprise billing and limits out-
of-network cost sharing under many of the circumstances in which 
surprise medical bills arise most frequently. These interim final rules 
fulfill a rulemaking requirement under the No Surprises Act and protect 
individuals from surprise medical bills for emergency services, air 
ambulance services furnished by nonparticipating providers, and non-
emergency services furnished by nonparticipating providers at 
participating facilities in certain circumstances.
    Summary of Legal Basis: The Department of Labor regulations are 
adopted pursuant to the authority contained in 29 U.S.C. 1002, 1135, 
1182, 1185d, 1191a, 1191b, and 1191c; Secretary of Labor's Order 1-
2011, 77 FR 1088 (Jan. 9, 2012).
    Alternatives: In developing the interim final rules, the 
Departments considered various alternative approaches, including 
whether cost-sharing should be based on the recognized amount in 
circumstances where the billed charge is lower, whether plans and 
issuer should take into account the number of claims paid at the 
contracted rate when calculating the qualifying payment amount, and 
many others.
    Anticipated Cost and Benefits: The provisions in these interim 
final rules will ensure that participants, beneficiaries, and enrollees 
with health coverage are protected from surprise medical bills. 
Individuals with health coverage will gain peace of mind, experience a 
reduction in out-of-pocket expenses, be able to meet their deductible 
and out-of-pocket maximum limits sooner, and may experience increased 
access to care. Plans, issuers, health care providers, facilities, and 
providers of air ambulance services will incur costs to comply with the 
requirements in these interim final rules.
    Risks: The risk of not pursuing this rulemaking is that the 
Department would fail to meet its statutory obligations to issue 
regulations, group health plans would lack guidance needed to comply 
with the statutory requirements, and individuals would continue to be 
burdened by surprise medical bills.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   07/13/21  86 FR 36872
Interim Final Rule Comment Period      09/07/21
 End.
Interim Final Rule Effective           09/13/21
 (Applicability Date 1/1/2022).
Analyze Comments....................   11/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal, State.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    Agency Contact: Amber Rivers, Director, Office of Health Plan 
Standards and Compliance Assistance, Department of Labor, Employee 
Benefits Security Administration, 200 Constitution Avenue NW, 
Washington,

[[Page 5125]]

DC 20210, Phone: 202 693-8335, Email: [email protected].
    RIN: 1210-AB99

DOL--EBSA

123. Requirements Related to Surprise Billing, Part 2

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: Pub. L. 116-260, Division I BB, Title I and Title 
II
    CFR Citation: Not Yet Determined.
    Legal Deadline: NPRM, Statutory, October 1, 2021, Statutory 
Deadline for Rulemaking.
    Abstract: This interim final rule with comment would implement 
additional protections against surprise medical bills under the No 
Surprises Act, including provisions related to the independent dispute 
resolution processes.
    Statement of Need: Surprise bills can cause significant financial 
hardship and cause individuals to forgo care. The No Surprises Act 
provides federal protections against surprise billing and limits out-
of-network cost sharing under many of the circumstances in which 
surprise medical bills arise most frequently. These interim final rules 
implement provisions of the No Surprises Act related to the independent 
dispute resolution process for settling payment disputes and protect 
individuals from surprise medical bills for emergency services, air 
ambulance services furnished by nonparticipating providers, and non-
emergency services furnished by nonparticipating providers at 
participating facilities in certain circumstances.
    Summary of Legal Basis: The Department of Labor regulations are 
adopted pursuant to the authority contained in 29 U.S.C. 1002, 1135, 
1182, 1185d, 1191a, 1191b, and 1191c; Secretary of Labor's Order 1-
2011, 77 FR 1088 (Jan. 9, 2012).
    Alternatives: In developing the interim final rules, the 
Departments considered various alternative approaches, including how to 
select a certified independent dispute resolution (IDR) entity if the 
parties fail to do so. The Department considered alternative 
approaches, including whether the Department should consider the 
specific fee of the certified IDR entity, or look to other factors, 
such as how often the certified IDR entity chooses the amount closest 
to the qualifying payment amount.
    Anticipated Cost and Benefits: These interim final rules will 
ensure that consumers are protected from out-of-network medical costs 
by creating a process for plans and issuers and nonparticipating 
providers and facilities to resolve disputes on out-of-network rates. 
The Departments expect a significant reduction in the incidence of 
surprise billing, resulting in significant savings for consumers. There 
may be a potential transfer from providers, including air ambulance 
providers and facilities, to the participant, beneficiary, or enrollee 
if the out-of-network rate collected is lower than what would have been 
collected had the provider or facility balance billed the participant, 
beneficiary, or enrollee. Overall, these interim final rules provide a 
mechanism to effectively resolve disputes between issuers and 
providers, while protecting patients.
    Risks: The risk of not pursuing this rulemaking is that group 
health plans would lack guidance needed to comply with the statutory 
requirements, plans and health care providers would not be able to 
resolve payment disputes, and individuals would continue to be burdened 
by surprise medical bills.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   10/07/21  86 FR 55980
Interim Final Rule Effective........   10/07/21
Interim Final Rule Comment Period      12/06/21
 End.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, State.
    Agency Contact: Amber Rivers, Director, Office of Health Plan 
Standards and Compliance Assistance, Department of Labor, Employee 
Benefits Security Administration, 200 Constitution Avenue NW, 
Washington, DC 20210, Phone: 202 693-8335, Email: [email protected].
    RIN: 1210-AC00

DOL--MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)

Proposed Rule Stage

124. Respirable Crystalline Silica

    Priority: Other Significant.
    Legal Authority: 30 U.S.C. 811; 30 U.S.C. 813(h); 30 U.S.C. 957
    CFR Citation: 30 CFR 56; 30 CFR 57; 30 CFR 60; 30 CFR 70; 30 CFR 
71; 30 CFR 72; 30 CFR 75; 30 CFR 90.
    Legal Deadline: None.
    Abstract: Many miners are exposed to respirable crystalline silica 
(RCS) in respirable dust. These miners can develop lung diseases such 
as chronic obstructive pulmonary disease, and various forms of 
pneumoconiosis, such as silicosis, progressive massive fibrosis, and 
rapidly progressive pneumoconiosis. These diseases are irreversible and 
may ultimately be fatal. MSHA's existing standards limit miners' 
exposures to RCS. MSHA will publish a proposed rule to address the 
existing permissible exposure limit of RCS for all miners and to update 
the existing respiratory protection standards under 30 CFR 56, 57, and 
72.
    Statement of Need: Many miners are exposed to respirable 
crystalline silica (RCS) in respirable dust, which can result in the 
onset of diseases such as silicosis and rapidly progressive 
pneumoconiosis. These lung diseases are irreversible and may ultimately 
be fatal. MSHA is examining the existing limit on miners' exposures to 
RCS to safeguard the health of America's miners. Based on MSHA's 
experience with existing standards and regulations, as well as OSHA's 
RCS standards and NIOSH research, MSHA will develop a rule applicable 
to metal, nonmetal, and coal operations.
    Summary of Legal Basis: Sections 101(a), 103(h), and 508 of the 
Federal Mine Safety and Health Act of 1977 (Mine Act), as amended (30 
U.S.C. 811(a), 813(h), and 957).
    Alternatives: MSHA will examine one or two different levels of 
miners' RCS exposure limit and assess the technological and economic 
feasibility of such option(s).
    Anticipated Cost and Benefits: To be determined.
    Risks: Miners face impairment risk of health and functional 
capacity due to RCS exposures. MSHA will examine the existing RCS 
standard and determine ways to reduce the health risks associate with 
RCS exposure.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   08/29/19  84 FR 45452
RFI Comment Period End..............   10/28/19
NPRM................................   05/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Small Entities Affected: Businesses, Governmental Jurisdictions.
    Government Levels Affected: Local, State.
    Agency Contact: Jessica Senk, Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 201 12th Street S, Suite

[[Page 5126]]

401, Arlington, VA 22202, Phone: 202 693-9440.
    RIN: 1219-AB36

DOL--MSHA

125. Safety Program for Surface Mobile Equipment

    Priority: Other Significant. Major under 5 U.S.C. 801.
    Legal Authority: 30 U.S.C. 811; 30 U.S.C. 813(h); 30 U.S.C. 957
    CFR Citation: 30 CFR 56; 30 CFR 57; 30 CFR 77.
    Legal Deadline: None.
    Abstract: MSHA would require mine operators to establish a written 
safety program for mobile equipment and powered haulage equipment 
(except belt conveyors) used at surface mines and surface areas of 
underground mines. Under this proposal, mine operators would be 
required to assess hazards and risks and identify actions to reduce 
accidents related to surface mobile equipment. The operators would have 
flexibility to develop and implement a safety program that would work 
best for their mining conditions and operations. This proposed rule is 
to reduce fatal and nonfatal injuries involving surface mobile 
equipment used at mines and to improve miner safety and health.
    Statement of Need: Although mine accidents are declining, accidents 
involving mobile and powered haulage equipment are still a leading 
cause of fatalities in mining. To reduce fatal and nonfatal injuries 
involving surface mobile equipment used at mines, MSHA is proposing a 
regulation that would require mine operators employing six or more 
miners to develop a written safety program for mobile and powered 
haulage equipment (excluding belt conveyors) at surface mines and 
surface areas of underground mines. The written safety program would 
include actions mine operators would take to identify hazards and risks 
to reduce accidents, injuries, and fatalities related to surface mobile 
equipment.
    Summary of Legal Basis: Sections 101(a), 103(h), and 508 of the 
Federal Mine Safety and Health Act of 1977 (Mine Act), as amended (30 
U.S.C. 811(a), 813(h), and 957).
    Alternatives: MSHA considered requiring all mines, regardless of 
size, to develop and implement a written safety program for surface 
mobile equipment. Based on the Agency's experience, MSHA concluded that 
a mine operator with five or fewer miners would generally have a 
limited inventory of surface mobile equipment. These operators would 
also have less complex mining operations, with fewer mobile equipment 
hazards that would necessitate a written safety program. Thus, these 
mine operators are not required to have a written safety program, 
although MSHA would encourage operators with five or fewer miners to 
have safety programs. MSHA will consider comments and suggestions 
received on alternatives or best practices that all mines might use to 
develop safety programs (whether written or not) for surface mobile 
equipment.
    Anticipated Cost and Benefits: The proposed rule would not be 
economically significant, and it would have some net benefits.
    Risks: Miners operating mobile and powered haulage equipment or 
working nearby face risks of workplace injuries, illnesses, or deaths. 
The proposed rule would allow a flexible approach to reducing hazards 
and risks specific to each mine so that mine operators would be able to 
develop and implement safety programs that work for their operation, 
mining conditions, and miners.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   06/26/18  83 FR 29716
Notice of Public Stakeholder           07/25/18  83 FR 35157
 Meetings.
Stakeholder Meeting--Birmingham, AL.   08/07/18
Stakeholder Meeting--Dallas, TX.....   08/09/18
Stakeholder Meeting (Webinar)--        08/16/18
 Arlington, VA.
Stakeholder Meeting--Reno, NV.......   08/21/18
Stakeholder Meeting--Beckley, WV....   09/11/18
Stakeholder Meeting--Albany, NY.....   09/20/18
Stakeholder Meeting--Arlington, VA..   09/25/18
RFI Comment Period End..............   12/24/18
NPRM................................   09/09/21  86 FR 50496
NPRM Comment Period End.............   11/08/21
Final Rule..........................   10/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Jessica Senk, Director, Office of Standards, 
Regulations, and Variances, Department of Labor, Mine Safety and Health 
Administration, 201 12th Street S, Suite 401, Arlington, VA 22202, 
Phone: 202 693-9440.
    RIN: 1219-AB91

DOL--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

Prerule Stage

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

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 29 U.S.C. 655(b); 5 U.S.C. 609
    CFR Citation: Not Yet Determined.
    Legal Deadline: None.
    Abstract: The Request for Information (RFI) (published on December 
7, 2016 81 FR 88147)) provides OSHA's history with the issue of 
workplace violence in health care 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 health care. The 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 health care 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. OSHA is 
preparing for SBREFA.
    Statement of Need: Workplace violence is a widespread problem, and 
there is growing recognition that workers in healthcare and social 
service occupations face unique risks and challenges. In 2018, the rate 
of serious workplace violence incidents (those requiring days off for 
an injured worker to recuperate) was more than five times greater in 
these occupations than in private industry on average, with both the 
number and share of incidents rising faster in these professions than 
among other workers.
    Healthcare and social services account for nearly as many serious 
violent injuries as all other industries combined. Workplace violence 
comes at a high cost. It harms workers often both physically and 
emotionally and makes it more difficult for them to do their jobs.
    Workers in some medical and social service settings are more at 
risk than others. According to the Bureau of Labor Statistics, in 2018 
workers at psychiatric and substance abuse hospitals

[[Page 5127]]

experienced the highest rate of violent injuries that resulted in days 
away from work, at approximately 125 injuries per 10,000 full-time 
employees (FTEs). This is about 6 times the rate for workers at nursing 
and residential care facilities (21.1/10,000). But even workers 
involved in ambulatory care, while less likely than other healthcare 
workers to experience violent injuries, were 1.5 times as likely as 
workers outside of healthcare to do so.
    Summary of Legal Basis: The Occupational Safety and Health Act of 
1970 authorizes the Secretary of Labor to set mandatory occupational 
safety and health standards to assure safe and healthful working 
conditions for working men and women (29 U.S.C. 651).
    Alternatives: One alternative to proposed rulemaking would be to 
take no regulatory action. As OSHA develops more information, it will 
also make decisions relating to the scope of the standard and the 
requirements it may impose.
    Anticipated Cost and Benefits: The estimates of costs and benefits 
are still under development.
    Risks: Analysis of risks is still under development.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   12/07/16  81 FR 88147
RFI Comment Period End..............   04/06/17  .......................
Initiate SBREFA.....................   12/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations.
    Government Levels Affected: Local, State.
    Agency Contact: Andrew Levinson, Deputy 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, Email: 
[email protected].
    RIN: 1218-AD08

DOL--OSHA

127. Heat Illness Prevention in Outdoor and Indoor Work Settings

    Priority: Other Significant.
    Legal Authority: Not Yet Determined
    CFR Citation: None.
    Legal Deadline: None.
    Abstract: Heat is the leading weather-related killer, and it is 
becoming more dangerous as 18 of the last 19 years were the hottest on 
record. Excessive heat can cause heat stroke and even death if not 
treated properly. It also exacerbates existing health problems like 
asthma, kidney failure, and heart disease. Workers in agriculture and 
construction are at highest risk, but the problem affects all workers 
exposed to heat, including indoor workers without climate-controlled 
environments. Essential jobs where employees are exposed to high levels 
of heat are disproportionately held by Black and Brown workers.
    Heat stress killed 815 US workers and seriously injured more than 
70,000 workers from 1992 through 2017, according to the Bureau of Labor 
Statistics. However, this is likely a vast underestimate, given that 
injuries and illnesses are under reported in the US, especially in the 
sectors employing vulnerable and often undocumented workers. Further, 
heat is not always recognized as a cause of heat-induced injuries or 
deaths and can easily be misclassified, because man of the symptoms 
overlap with other more common diagnoses.
    To date, California, Washington, Minnesota, and the US military 
have issued heat protections. OSHA currently relies on the general duty 
clause (OSH Act Section 5(a))(1)) to protect workers from this hazard. 
Notably, from 2013 through 2017, California used its heat standard to 
conduct 50 times more inspections resulting in a heat-related violation 
than OSHA did nationwide under its general duty clause. It is likely to 
become even more difficult to protect workers from heat stress under 
the general duty clause in light of the 2019 Occupational Safety and 
Health Review Commission's decision in Secretary of Labor v. A.H. 
Sturgill Roofing, Inc.
    OSHA was petitioned by Public Citizen for a heat stress standard in 
2011. The Agency denied this petition in 2012, but was once again 
petitioned by Public Citizen, on behalf of approximately 130 
organizations, for a heat stress standard in 2018 and 2019. Most 
recently in 2021, Public Citizen petitioned OSHA to issue an emergency 
temporary standard on heat stress. OSHA is still considering these 
petitions and has neither granted nor denied to date. In 2019 and 2021, 
some members of the Senate also urged OSHA to initiate rulemaking to 
address heat stress.
    Given the potentially broad scope of regulatory efforts to protect 
workers from heat hazards, as well as a number of technical issues and 
considerations with regulating this hazard (e.g., heat stress 
thresholds, heat acclimatization planning, exposure monitoring, medical 
monitoring), a Request for Information would allow the agency to begin 
a dialogue and engage with stakeholders to explore the potential for 
rulemaking on this topic.
    Statement of Need: Heat stress killed more than 900 US workers, and 
caused serious heat illness in almost 100 times as many, from 1992 
through 2019, according to the Bureau of Labor Statistics. However, 
this is likely a vast underestimate, given that injuries and illnesses 
are underreported in the US, especially in the sectors employing 
vulnerable and often undocumented workers. Further, heat is not always 
recognized as a cause of heat-induced illnesses or deaths, which are 
often misclassified, because many of the symptoms overlap with other 
more common diagnoses. Moreover, climate change is increasing the heat 
hazard throughout the nation: 2020 was either the hottest or the second 
hottest year on record, with 2021 on track to be even hotter. Although 
official figures are not yet available, we already know that in many 
states heat related deaths are higher are far higher than normal this 
year.
    Summary of Legal Basis: The Occupational Safety and Health Act of 
1970 authorizes the Secretary of Labor to set mandatory occupational 
safety and health standards to assure safe and healthful working 
conditions for working men and women (29 U.S.C. 651).
    Alternatives: One alternative to proposed rulemaking would be to 
take no regulatory action. As OSHA develops more information, it will 
also make decisions relating to the scope of the standard and the 
requirements it may impose.
    Anticipated Cost and Benefits: The estimates of costs and benefits 
are still under development.
    Risks: Analysis of risks is still under development.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   10/27/21  86 FR 59309
ANPRM Comment Period End............   12/27/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Agency Contact: Andrew Levinson, Deputy Director, Directorate of 
Standards and Guidance, Department of Labor, Occupational Safety and 
Health

[[Page 5128]]

Administration, 200 Constitution Avenue NW, FP Building, Room N-3718, 
Washington, DC 20210, Phone: 202 693-1950, Email: 
[email protected].
    RIN: 1218-AD39

DOL--OSHA

Proposed Rule Stage

128. Infectious Diseases

    Priority: Economically Significant. Major status under 5 U.S.C. 801 
is undetermined.
    Unfunded Mandates: Undetermined.
    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
    CFR Citation: 29 CFR 1910.
    Legal Deadline: None.
    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, as well as 
new and emerging infectious disease threats, such as Severe Acute 
Respiratory Syndrome (SARS), the 2019 Novel Coronavirus (COVID-19), 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), COVID-19, 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.
    Statement of Need: 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, as well as new and emerging infectious disease threats, such 
as Severe Acute Respiratory Syndrome (SARS), the 2019 Novel Coronavirus 
(COVID-19), 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), COVID-19, and other 
infectious diseases that can be transmitted through a variety of 
exposure routes.
    Summary of Legal Basis: The Occupational Safety and Health Act of 
1970 authorizes the Secretary of Labor to set mandatory occupational 
safety and health standards to assure safe and healthful working 
conditions for working men and women (29 U.S.C. 651).
    Alternatives: One alternative is to take no regulatory action. OSHA 
is examining regulatory alternatives for control measures to protect 
employees from infectious disease exposures to pathogens that can cause 
significant disease. In addition to health care, workplaces where SERs 
suggested such control measures might be necessary include: 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. OSHA offered several 
alternatives to the SBREFA panel when presenting the proposed 
Infectious Disease (ID) rule. OSHA considered a specification oriented 
rule rather than a performance oriented rule, but has preliminarily 
determined that this type of rule would provide less flexibility and 
would likely fail to anticipate all of the potential hazards and 
necessary controls for every type and every size of facility and would 
under-protect workers. OSHA also considered changing the scope of the 
rule by restricting the ID rule to workers who have occupational 
exposure during the provision of direct patient care in institutional 
settings but based on the evidence thus far analyzed, workers 
performing other covered tasks in both institutional and non-
institutional settings also face a risk of infection because of their 
occupational exposure.
    Anticipated Cost and Benefits: The estimates of costs and benefits 
are still under development.
    Risks: Analysis of risks is still under development.
    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................................   04/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses, Governmental Jurisdictions.
    Government Levels Affected: Local, State.
    Federalism: Undetermined.
    Agency Contact: Andrew Levinson, Deputy 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, Email: 
[email protected].
    RIN: 1218-AC46

BILLING CODE 4510-HL-P

DEPARTMENT OF TRANSPORTATION (DOT)

Introduction: Department Overview

    DOT has statutory responsibility for ensuring the United States has 
the safest and most efficient transportation system in the world. To 
accomplish this goal, DOT regulates safety in the aviation, motor 
carrier, railroad, motor vehicle, commercial space, transit, and 
pipeline transportation areas. The Department also regulates aviation 
consumer and economic issues and provides financial assistance and 
writes the necessary implementing rules for programs involving 
highways, airports, mass transit, the maritime industry, railroads, 
motor transportation and vehicle safety. DOT also has responsibility 
for developing policies that implement a wide range of regulations that 
govern Departmental programs such as acquisition and grants management, 
access for people with disabilities, environmental protection, energy 
conservation, information technology, occupational safety and health, 
property asset management, seismic safety, security, emergency 
response, and the use of aircraft and vehicles. In addition, DOT writes 
regulations to carry out a variety of statutes ranging from the Air 
Carrier Access Act and the Americans

[[Page 5129]]

with Disabilities Act to Title VI of the Civil Rights Act. The 
Department carries out its responsibilities through the Office of the 
Secretary (OST) and the following operating administrations (OAs): 
Federal Aviation Administration (FAA); Federal Highway Administration 
(FHWA); Federal Motor Carrier Safety Administration (FMCSA); Federal 
Railroad Administration (FRA); Federal Transit Administration (FTA); 
Maritime Administration (MARAD); National Highway Traffic Safety 
Administration (NHTSA); Pipeline and Hazardous Materials Safety 
Administration (PHMSA); and Great Lakes St. Lawrence Seaway Development 
Corporation (GLS).

The Department's Regulatory Philosophy and Initiatives

    The U.S. Department of Transportation (Department or DOT) issues 
regulations to ensure the United States transportation system is the 
safest in the world, and addresses other urgent challenges facing the 
Nation, including the coronavirus disease 2019 (COVID-19) pandemic, job 
creation, equity, and climate change. These issues are addressed, in 
part, by encouraging innovation, thereby ensuring that the Department's 
regulations keep pace with the latest developments and reflect its top 
priorities.
    The Department's actions are also governed by several recent 
executive orders issued by the President, which direct agencies to 
utilize all available regulatory tools to address pressing national 
challenges. On January 20, 2021, the President signed Executive Order 
13992, Revocation of Certain Executive Orders Concerning Federal 
Regulation. This Executive Order directs Federal agencies to promptly 
take steps to rescind any orders, rules, regulations, guidelines, or 
policies that would hamper the agencies' flexibility to use robust 
regulatory action to address national priorities. On January 20, the 
President also issued Executive Order 13990, Protecting Public Health 
and the Environment and Restoring Science To Tackle the Climate Crisis. 
This Executive Order directs Federal agencies to review all regulatory 
actions issued in the previous Administration and revise or rescind any 
of those actions that do not adequately respond to climate change, 
protect the environment, advance environmental justice, or improve 
public health. Section 2(a)(ii) of Executive Order 13990 specifically 
requires the Department of Transportation to review ``The Safer 
Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National 
Program,'' 84 FR 51310 (September 27, 2019) (SAFE I Rule) and ``The 
Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 
2021-2026 Passenger Cars and Light Trucks,'' 85 FR 24174 (April 30, 
2020) (SAFE II Rule). The Secretary of Transportation directed NHTSA to 
review these fuel economy rules.
    On July 9, 2021, the President signed Executive Order 14036, 
Promoting Competition in the American Economy. Among other things, this 
Executive Order requires the Department to enhance consumer access to 
airline flight information and ensure that consumers are not exposed or 
subject to advertising, marketing, pricing, and charging of ancillary 
fees that may constitute an unfair or deceptive practice or an unfair 
method of competition. This Executive Order also requires the 
Department to: (1) Publish a notice of proposed rulemaking (NPRM) 
requiring airlines to refund baggage fees when a passenger's luggage is 
substantially delayed and other ancillary fees when passengers pay for 
a service that is not provided; and (2) consider initiating a 
rulemaking to ensure that consumers have ancillary fee information, 
including ``baggage fees,'' ``change fees,'' and ``cancellation fees,'' 
at the time of ticket purchase.
    On August 5, 2021, the President signed Executive Order 14037, 
Strengthening American Leadership in Clean Cars and Trucks. This 
Executive Order requires that the Department consider beginning work on 
a rulemaking to establish new fuel economy standards for passenger cars 
and light-duty trucks beginning with model year 2027 and extending 
through and including at least model year 2030. This Executive Order 
also requires the Department to consider beginning work on a rulemaking 
to establish new fuel efficiency standards for heavy-duty pickup trucks 
and vans beginning with model year 2028 and extending through and 
including at least model year 2030. Finally, this Executive Order 
requires the Department to consider beginning work on a rulemaking to 
establish new fuel efficiency standards for medium- and heavy-duty 
engines and vehicles to begin as soon as model year 2030.
    In response to Executive Order 13992, in April 2021, the Department 
issued a final rule revising the regulations governing its regulatory 
process to ensure that it has the maximum flexibility necessary to 
quickly respond to the urgent challenges facing our Nation. Following 
implementation of the final rule, in June 2021, the Secretary of 
Transportation signed a Departmental Order strengthening the 
Department's internal rulemaking procedures and revitalizing the 
partnership between Operating Administrations and the Office of the 
Secretary in promulgating regulations to better achieve the 
Department's goals and priorities. As part of this critical overhaul, a 
Regulatory Leadership Group was established, led by the Deputy 
Secretary of Transportation, which provides vital legal and policy 
guidance on the Department's regulatory agenda.
    In response to Executive Order 13990, in May 2021, the Department 
issued an NPRM proposing to repeal the SAFE I Rule and associated 
guidance documents. In August 2021, the Department issued a 
Supplemental Notice of Proposed Rulemaking inviting comments on the 
appropriate path forward regarding civil penalties imposed on 
violations of DOT's vehicle emissions rules. Finally, in September 
2021, the Department issued an NPRM proposing more stringent vehicle 
emission limits than those set by the SAFE II Rule.
    In response to Executive Orders 14036 and 14037, the Department is 
considering the following rulemakings: (1) Refunding Fees for Delayed 
Checked Bags and Ancillary Services That Are Not Provided; (2) Airline 
Ticket Refunds; (3) Amendments to Department's Procedures in Regulating 
Unfair and Deceptive Practices; and (4) fuel economy standards for 
passenger cars, light-duty trucks, heavy-duty pickup trucks, and vans.
    The Department's regulatory activities also remain directed toward 
protecting safety for all persons. Safety is a pressing national 
concern and our highest priority; the Department remains focused on 
managing safety risks and ensuring that the United States has the 
safest and most efficient transportation system in the world. This 
focus is as urgent as ever; after decades of declines in the number of 
fatalities on our roads, the United States has been seeing a recent 
increase in fatalities among pedestrians, bicyclists, and vehicle 
occupants that must be reversed. Similarly, we must address disparities 
in how the burden of these safety risks fall on different communities.

The Department's Regulatory Priorities

    The regulatory plan laid out below reflects a careful balance that 
emphasizes the Department's priorities in responding to the urgent 
challenges facing our nation.
    Safety. Safety is our North Star. The DOT Regulatory Plan reflects 
this commitment to safety through a balanced regulatory approach 
grounded in reducing transportation-related

[[Page 5130]]

fatalities and injuries. Our goals are to manage safety risks, reverse 
recent trends negatively affecting safety, and build on the successes 
that have already been achieved to make our transportation system safer 
than it has ever been. Innovations should reduce deaths and serious 
injuries on our Nation's transportation network, while committing to 
the highest standards of safety across technologies. For example, the 
Department is working on two rulemakings to require or standardize 
equipment performance for automatic emergency braking on heavy trucks 
and newly manufactured light vehicles.
    Responding to the COVID-19 Pandemic. The Department is providing 
rapid response and emergency review of legal and operational challenges 
presented by COVID-19 and its associated burdens within the 
transportation network. Since the beginning of this Administration, our 
efforts have focused on ensuring compliance with the mask requirements 
issued by the Centers for Disease Control and Prevention and the 
Transportation Security Administration. These requirements help reduce 
the spread of the COVID-19 disease within the transportation sector and 
among the traveling public. DOT is also addressing regulatory 
compliance made impracticable by the COVID-19 public health emergency 
due to facility closures, personnel shortages, and other restrictions.
    Economic Growth. The safe and efficient movement of goods and 
passengers requires us not just to maintain, but to improve our 
national transportation infrastructure. But that cannot happen without 
changes to the way we plan, fund, and approve projects. Accordingly, 
our Regulatory Plan incorporates regulatory actions that increase 
competition and consumer protection, as well as streamline the approval 
process and facilitate more efficient investment in infrastructure, 
which is necessary to maintain global leadership and foster economic 
growth.
    Climate Change. Climate change is one of the most urgent challenges 
facing our nation. The Department has engaged in multiple regulatory 
activities to address this challenge. As discussed earlier, the 
Department is actively engaged in updating its regulations with the 
goal of reducing emissions. The Department is also engaged in 
rulemakings to measure and reduce emissions from transportation 
projects and improve safety related to movement of natural gas.
    Equity. Ensuring that the transportation system equitably benefits 
underserved communities is a top priority. As discussed earlier, the 
Department is urgently working to address the threat of climate change, 
which is a burden often disproportionately borne by underserved 
communities. This work is guided by the Departmental and interagency 
work being done pursuant to Executive Order 13985, Advancing Racial 
Equity and Support for Underserved Communities Through the Federal 
Government. The Department is also working on a rulemaking that would 
make it easier for members of underserved communities to apply to and 
be a part of the Disadvantaged Business Enterprise (DBE) and Airport 
Concession DBE Program. In addition, the Department is working on 
multiple rulemakings to ensure access to transportation for people with 
disabilities. For example, the Department is working on a rulemaking to 
ensure that people with disabilities can access lavatories on single-
aisle aircraft, and it has commenced a rulemaking to ensure that 
disabled persons have equitable access to transit facilities.
    All OAs are prioritizing their regulatory actions in accordance 
with Executive Orders 13985, 13990, and 13992 to make sure they are 
providing the highest level of safety while responding to the urgent 
challenges facing our Nation. Since each OA has its own area of focus, 
we summarize the regulatory priorities of each below. More information 
about each of the rules discussed below can be found in the DOT Unified 
Agenda.

Office of the Secretary of Transportation

    OST oversees the regulatory processes for the Department. OST 
implements the Department's regulatory policies and procedures and is 
responsible for ensuring the involvement of senior officials in 
regulatory decision making. Through the Office of the General Counsel, 
OST is also responsible for ensuring that the Department complies with 
the Administrative Procedure Act, Executive Orders 12866 and 13563, 
DOT's Regulatory Policies and Procedures, and other legal and policy 
requirements affecting the Department's rulemaking activities. In 
addition, OST has the lead role in matters concerning aviation consumer 
and economic rules, Title VI of the Civil Rights Act, the Americans 
with Disabilities Act, and rules that affect multiple elements of the 
Department.
    OST provides guidance and training regarding compliance with 
regulatory requirements and processes for personnel throughout the 
Department. OST also plays an instrumental role in the Department's 
efforts to improve our economic analyses; risk assessments; regulatory 
flexibility analyses; other related analyses; retrospective reviews of 
rules; and data quality, including peer reviews. The Office of the 
General Counsel (OGC) is the lead office that works with the Office of 
Management and Budget's (OMB) Office of Information and Regulatory 
Affairs (OIRA) to comply with Executive Order 12866 for significant 
rules, coordinates the Department's response to OMB's intergovernmental 
review of other agencies' significant rulemaking documents, and other 
relevant Administration rulemaking directives. OGC also works closely 
with representatives of other agencies, the White House, and 
congressional staff to provide information on how various proposals 
would affect the ability of the Department to perform its safety, 
infrastructure, and other missions.
    In July 2021, the President issued Executive Order 14036, which 
directed the Department to take actions that would promote competition 
and deliver benefits to America's consumers, including potentially 
initiating a rulemaking to ensure that air consumers have ancillary fee 
information, including ``baggage fees,'' ``change fees,'' and 
``cancellation fees,'' at the time of ticket purchase. Among a number 
of steps to further the Administration's goals in this area, the 
Department has initiated a rulemaking to enhance consumers' ability to 
determine the true cost of travel, titled ``Enhancing Transparency of 
Airline Ancillary Service Fees.'' In addition, OST will further enhance 
its airline passenger protections through the rulemaking initiatives 
required by Executive Order 14036.
    Advancing equity in air transportation for individuals with 
disabilities is also a priority for the Administration. To further this 
goal, the Department is developing a rulemaking to improve the 
accessibility of lavatories on single-aisle aircraft. In this 
rulemaking, the Department is considering options to significantly 
improve the ability of passengers with disabilities to travel with 
freedom and dignity by being able to access the lavatory.

Federal Aviation Administration

    FAA is charged with safely and efficiently operating and 
maintaining the most complex aviation system in the world. To enhance 
aviation safety, FAA is finalizing a rulemaking that would require 
certain airport certificate holders to develop, implement, maintain, 
and adhere to a safety management system.

[[Page 5131]]

FAA is also developing a proposal to reduce risks caused by latent 
defects in critical systems on transport category airplanes.
    The FAA will continue to advance rulemakings to ensure that the 
United States has the safest aviation, most efficient, and modern 
aviation system in the word, including proposing a rulemaking that 
would require certain aircraft, engine, and propeller manufacturers; 
certificate holders conducting common carriage operations; certain 
maintenance providers; and persons conducting certain, specific types 
of air tour operations to implement a Safety Management System. FAA 
will also manage rulemakings to further advance the integration of 
unmanned aircraft systems and commercial space operations into the 
national airspace system. In addition, the FAA will propose 
requirements for the certification of certain airplanes to enforce 
compliance with the emissions standards adopted by the Environmental 
Protection Agency under the Clean Air Act.

Federal Highway Administration

    FHWA carries out the Federal highway program in partnership with 
State and local agencies to meet the Nation's transportation needs. 
FHWA's mission is to improve the quality and performance of our 
Nation's highway system and its intermodal connectors.
    Consistent with this mission, FHWA is scheduled to update the 
Manual on Uniform Traffic Control Devices for Streets and Highways 
(MUTCD), conforming technical provisions of the 2009 edition to reflect 
advances in technologies and operational practices that are not 
currently allowed in the MUTCD. This update will incorporate the latest 
human factors research to make road signage more accessible, thereby 
ensuring that both pedestrians and vehicles comply with that signage 
and reduce the risk of an accident. The Agency will also pursue a new 
regulation requiring safety integration across all Federal-aid programs 
and any necessary mitigation on Federal-aid projects. In addition, FHWA 
will work on a rulemaking to establish a method for the measurement and 
reporting of greenhouse gas emissions associated with transportation.

Federal Motor Carrier Safety Administration

    The mission of FMCSA is to reduce crashes, injuries, and fatalities 
involving commercial trucks and buses. A strong regulatory program is a 
cornerstone of FMCSA's compliance and enforcement efforts to advance 
this safety mission. In addition to Agency-directed regulations, FMCSA 
develops regulations mandated by Congress, through legislation such as 
the Moving Ahead for Progress in the 21st Century (MAP-21) and the 
Fixing America's Surface Transportation (FAST) Acts. FMCSA regulations 
establish minimum safety standards for motor carriers, commercial 
drivers, commercial motor vehicles, and State agencies receiving 
certain motor carrier safety grants and issuing commercial drivers' 
licenses.
    FMCSA will continue to coordinate efforts on the development of 
autonomous vehicle technologies and review existing regulations to 
identify changes that might be needed to ensure that DOT regulations 
ensure safety and keep pace with innovations. Additionally, in support 
of the National Highway Traffic Safety Administration's (NHTSA) 
automatic emergency braking (AEB) rulemaking for heavy trucks, FMCSA 
will seek information and comment concerning the maintenance and 
operation of AEB by motor carriers.

National Highway Traffic Safety Administration

    The mission of NHTSA is to save lives, prevent injuries, and reduce 
economic costs due to roadway crashes. The statutory responsibilities 
of NHTSA relating to motor vehicles include reducing the number, and 
mitigating the effects, of motor vehicle crashes and related fatalities 
and injuries; providing safety-relevant information to aid prospective 
purchasers of vehicles, child restraints, and tires; and improving 
light-, medium-, and heavy-duty vehicle fuel efficiency requirements. 
NHTSA pursues policies that enable safety, climate and energy policy 
and conservation, equity, and mobility. NHTSA develops safety standards 
and regulations driven by data and research, including those mandated 
by Congress under the MAP-21 Act, the FAST Act, and the Energy 
Independence and Security Act, among others. NHTSA's regulatory 
priorities for Fiscal Year 2022 focus on issues related to safety, 
climate, equity, and vulnerable road users.
    To enhance the safety of vulnerable road users and vehicle 
occupants, NHTSA plans to issue a proposal to require automatic 
emergency braking (AEB) on light vehicles, including Pedestrian AEB. 
For heavy trucks, NHTSA also plans to propose to require AEB. For 
climate and equity, NHTSA plans to complete a rulemaking to address 
corporate average fuel economy (CAFE) preemption, pursuant to Executive 
Order 13990. Improving fuel economy for light, medium and heavy-duty 
vehicles can have significant public health impacts, especially for 
overburdened communities. NHTSA also plans to issue a final rule for 
Model Year 2024-2026 CAFE standards for passenger cars and light 
trucks. More information about these rules can be found in the DOT 
Unified Agenda.

Federal Railroad Administration

    FRA exercises regulatory authority over all areas of railroad 
safety and, where feasible, incorporates flexible performance 
standards. The current FRA regulatory program continues to reflect a 
number of pending proceedings to satisfy mandates resulting from the 
Rail Safety Improvement Act of 2008 (RSIA08), the Passenger Rail 
Investment and Improvement Act of 2008 (PRIIA), and the FAST Act. These 
actions support a safe, high-performing passenger rail network, address 
the safe and effective movement of energy products, and encourage 
innovation and the adoption of new technology in the rail industry to 
improve safety and efficiencies. FRA's regulatory priority for Fiscal 
Year 2022 is to propose regulations addressing the issue of the 
requirements for safe minimum train crew size depending on the type of 
operation.

Federal Transit Administration

    The mission of FTA is to improve public transportation for 
America's communities. To further that end, FTA provides financial and 
technical assistance to local public transit systems, including buses, 
subways, light rail, commuter rail, trolleys, and ferries, oversees 
safety measures, and helps develop next-generation technology research. 
FTA's regulatory activities implement the laws that apply to 
recipients' uses of Federal funding and the terms and conditions of FTA 
grant awards.
    In furtherance of its mission and consistent with statutory 
changes, in Fiscal Year 2022, FTA will update its Buy America 
regulation to incorporate changes to the waiver process made by MAP-21 
and the FAST Act and to make other conforming updates and amendments. 
FTA will also modify its Bus Testing regulation to improve testing 
procedures and to respond to technological advancements in vehicle 
testing. Finally, the Agency is considering a rulemaking that would 
address transit roadway worker protections and operator assaults.

Maritime Administration

    MARAD administers Federal laws and programs to improve and 
strengthen the

[[Page 5132]]

maritime transportation system to meet the economic, environmental, and 
security needs of the Nation. To that end, MARAD's efforts are focused 
upon ensuring a strong American presence in the domestic and 
international trades and to expanding maritime opportunities for 
American businesses and workers.
    MARAD's regulatory objectives and priorities reflect the Agency's 
responsibility for ensuring the availability of water transportation 
services for American shippers and consumers and, in times of war or 
national emergency, for the U.S. armed forces.
    For Fiscal Year 2022, MARAD will continue its work increasing the 
efficiency of program operations by updating and clarifying 
implementing rules and program administrative procedures.

Pipeline and Hazardous Materials Safety Administration

    PHMSA has responsibility for rulemaking focused on hazardous 
materials transportation and pipeline safety. In addition, PHMSA 
administers programs under the Federal Water Pollution Control Act, as 
amended by the Oil Pollution Act of 1990.
    In Fiscal Year 2022, PHMSA will focus on the Gas Pipeline Leak 
Detection and Repair rulemaking, which would amend the Pipeline Safety 
Regulations to enhance requirements for detecting and repairing leaks 
on new and existing natural gas distribution, gas transmission, and gas 
gathering pipelines. PHMSA anticipates that the amendments proposed in 
this rulemaking would reduce methane emissions arising from avoidance/
remediation of leaks and incidents from natural gas pipelines and 
address environmental justice concerns by improving the safety of 
natural gas pipelines near environmental justice communities and 
mitigating the risks for those communities arising from climate change.
    PHMSA will also focus on the Improving the Safety of Transporting 
Liquefied Natural Gas rulemaking. This rulemaking action would amend 
the Hazardous Materials Regulations governing transportation of 
liquefied natural gas (LNG) in rail tank cars. This rulemaking action 
would incorporate the results of ongoing research efforts and 
collaboration with other Department of Transportation Operating 
Administrations and external technical experts; respond to a directive 
in Executive Order 13990 for PHMSA to review recent actions that could 
be obstacles to Administration policies promoting public health and 
safety, the environment, and climate change mitigation; and provide an 
opportunity for stakeholders and the public to contribute their 
perspectives on rail transportation of LNG.

DOT--OFFICE OF THE SECRETARY (OST)

Proposed Rule Stage

129. +Processing Buy America and Buy American Waivers Based on 
Nonavailability

    Priority: Other Significant.
    Legal Authority: 23 U.S.C. 313; 49 U.S.C. 5323(j); 49 U.S.C. 
24405(a); 49 U.S.C. 50101; Consolidated Appropriations Act of 2018, 
div. L, title IV, sec. 410; 41 U.S.C. 8301 to 8305; E.O. 13788, Buy 
American and Hire American (April 18, 2017)
    CFR Citation: Not Yet Determined.
    Legal Deadline: None.
    Abstract: This rule will establish the applicable regulatory 
standard for waivers from the Buy America requirement on the basis that 
a product or item is not manufactured in the United States meeting the 
applicable Buy America requirement. This standard will require the use 
of items and products with the maximum known amount of domestic 
content. The rule will also establish the required information, which 
is expected to be consistent across the Department, the applicants must 
provide in applying for such waivers.
    Statement of Need: Pursuant to Executive Order 13788, Buy American 
and Hire American, which establishes as a policy of the executive 
branch to ``maximize, consistent with law . . . the use of goods, 
products, and materials produced in the United States,'' DOT will be 
requiring that applicants for non-availability waivers select products 
that maximize domestic content. In addition, this rule will streamline 
the Buy America non-availability waiver process, and improve 
coordination across the Department of Transportation.
    Summary of Legal Basis: 23 U.S.C. 313; 49 U.S.C. 5323(j); 49 U.S.C. 
24405(a); 49 U.S.C. 50101; Consolidated Appropriations Act, 2018, div. 
L, tit. IV section 410; 41 U.S.C. 8301-8305; Executive Order 13788, Buy 
American and Hire American (Apr. 18, 2017).
    Alternatives: TBD.
    Anticipated Cost and Benefits: TBD.
    Risks: TBD.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Federalism: Undetermined.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Michael A. Smith, Attorney Advisor, Department of 
Transportation, Office of the Secretary, 1200 New Jersey Avenue SE, 
Washington, DC 20590, Phone: 202 366-4000, Email: 
[email protected].
    RIN: 2105-AE79

DOT--OST

130. +Accessible Lavatories on Single-Aisle Aircraft: Part II

    Priority: Other Significant. Major under 5 U.S.C. 801.
    Legal Authority: Air Carrier Access Act, 49 U.S.C. 41705
    CFR Citation: 14 CFR 382.
    Legal Deadline: None.
    Abstract: This rulemaking proposes that airlines make lavatories on 
new single-aisle aircraft large enough, equivalent to that currently 
found on twin-aisle aircraft, to permit a passenger with a disability 
(with the help of an assistant, if necessary) to approach, enter, and 
maneuver within the aircraft lavatory as necessary to use all lavatory 
facilities and leave by means of the aircraft's on-board wheelchair.
    Statement of Need: This rulemaking proposes to improve 
accessibility of lavatories on single-aisle aircraft.
    Summary of Legal Basis: 49 U.S.C. 41705; 14 CFR part 382.
    Alternatives: N/A.
    Anticipated Cost and Benefits: TBD.
    Risks: N/A.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Blane A. Workie, Assistant General Counsel, 
Department of Transportation, Office of the Secretary, 1200 New Jersey 
Avenue SE,

[[Page 5133]]

Washington, DC 20590. Phone: 202 366-9342, Fax: 202 366-7153, Email: 
[email protected].
    Related RIN: Split from 2105-AE32, Related to 2105-AE88.
    RIN: 2105-AE89

DOT--OST

131.  +Enhancing Transparency of Airline Ancillary Service Fees

    Priority: Other Significant.
    Legal Authority: 49 U.S.C. 41712
    CFR Citation: 14 CFR 399.
    Legal Deadline: None.
    The Department of Transportation is proposing to amend its aviation 
consumer protection regulations to ensure that consumers have ancillary 
fee information, including ``baggage fees,'' ``change fees,'' and 
``cancellation fees'' at the time of ticket purchase. This rulemaking 
would also examine whether fees for certain ancillary services should 
be disclosed at the first point in a search process where a fare is 
listed. This rulemaking implements section 5, paragraph (m)(i)(F) of 
Executive Order 14.
    Abstract: This rulemaking would amend DOT's aviation consumer 
protection regulations to ensure that consumers have ancillary fee 
information, including ``baggage fees,'' ``change fees,'' and 
``cancellation fees'' at the time of ticket purchase. This rulemaking 
would also examine whether fees for certain ancillary services should 
be disclosed at the first point in a search process where a fare is 
listed. This rulemaking implements section 5, paragraph (m)(i)(F) of 
Executive Order 14036 on Promoting Competition in the American Economy, 
which directs the Department to better protect consumers and improve 
competition.
    Statement of Need: This rulemaking proposes that consumers have 
ancillary fee information, including ``baggage fees,'' ``change fees,'' 
and ``cancellation fees,'' at the time of ticket purchase.
    Summary of Legal Basis: 49 U.S.C. 41712; 14 CFR part 399, Executive 
Order 14036.
    Alternatives: N/A.
    Anticipated Cost and Benefits: TBD.
    Risks: N/A.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    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-AF10

DOT--FEDERAL AVIATION ADMINISTRATION (FAA)

Final Rule Stage

132. +Registration and Marking Requirements for Small Unmanned Aircraft

    Priority: Other Significant.
    Legal Authority: 49 U.S.C. 106(f), 49 U.S.C. 41703, 44101 to 44106, 
44110 to 44113, and 44701
    CFR Citation: 14 CFR 1; 14 CFR 375; 14 CFR 45; 14 CFR 47; 14 CFR 
48; 14 CFR 91.
    Legal Deadline: None.
    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 exclusively for limited recreational operations, 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.
    Statement of Need: This interim final rule (IFR) provides an 
alternative process that small unmanned aircraft owners may use to 
comply with the statutory requirements for aircraft operations. As 
provided in the clarification of these statutory requirements and 
request for further information issued October 19, 2015, 49 U.S.C. 
44102 requires aircraft to be registered prior to operation. See 80 FR 
63912 (October 22, 2015). Currently, the only registration and aircraft 
identification process available to comply with the statutory aircraft 
registration requirement for all aircraft owners, including small 
unmanned aircraft, is the paper-based system set forth in 14 CFR parts 
45 and 47. As the Secretary and the Administrator noted in the 
clarification issued October 19, 2015 and further analyzed in the 
regulatory evaluation accompanying this rulemaking, the Department and 
the FAA have determined that this process is too onerous for small 
unmanned aircraft owners and the FAA. Thus, after considering public 
comments and the recommendations from the Unmanned Aircraft System 
(UAS) Registration Task Force, the Department and the FAA have 
developed an alternative process, provided by this IFR (14 CFR part 
48), for registration and marking available only to small unmanned 
aircraft owners. Small unmanned aircraft owners may use this process to 
comply with the statutory requirement to register their aircraft prior 
to operating in the National Airspace System (NAS).
    Summary of Legal Basis: The FAA's authority to issue rules on 
aviation safety is found in Title 49 of the United States Code. 
Subtitle I, Section 106 describes the authority of the FAA 
Administrator. Subtitle VII, Aviation Programs, describes in more 
detail the scope of the agency's authority. This rulemaking is 
promulgated under the authority described in 49 U.S.C. 106(f), which 
establishes the authority of the Administrator to promulgate 
regulations and rules; and 49 U.S.C. 44701(a)(5), which requires the 
Administrator to promote safe flight of civil aircraft in air commerce 
by prescribing regulations and setting minimum standards for other 
practices, methods, and procedures necessary for safety in air commerce 
and national security. This rule is also promulgated pursuant to 49 
U.S.C. 44101-44106 and 44110-44113 which require aircraft to be 
registered as a condition of operation and establish the requirements 
for registration and registration processes. Additionally, this 
rulemaking is promulgated pursuant to the Secretary's authority in 49 
U.S.C. 41703 to permit the operation of foreign civil aircraft in the 
United States.
    Alternatives: Currently, the only registration and aircraft 
identification process available to comply with the statutory aircraft 
registration requirement for all aircraft owners, including small 
unmanned aircraft, is the paper-based system set forth in 14 CFR parts 
45 and 47. As the Secretary and the Administrator noted in the 
clarification issued October 19, 2015 and further analyzed in the 
regulatory evaluation accompanying this rulemaking, the Department and 
the FAA have determined that this process

[[Page 5134]]

is too onerous for small unmanned aircraft owners and the FAA.
    Anticipated Cost and Benefits: In order to implement the new 
streamlined, web-based system described in this interim final rule 
(IFR), the FAA will incur costs to develop, implement, and maintain the 
system. Small UAS owners will require time to register and mark their 
aircraft, and that time has a cost. The total of government and 
registrant resource cost for small unmanned aircraft registration and 
marking under this new system is $56 million ($46 million present value 
at 7 percent) through 2020. In evaluating the impact of this interim 
final rule, we compare the costs and benefits of the IFR to a baseline 
consistent with existing practices: For modelers, the exercise of 
discretion by FAA (not requiring registration) and continued broad 
public outreach and educational campaign, and for non-modelers, 
registration via part 47 in the paper-based system. Given the time to 
register aircraft under the paper-based system and the projected number 
of sUAS aircraft, the FAA estimates the cost to the government and non-
modelers would be about $383 million. The resulting cost savings to 
society from this IFR equals the cost of this baseline policy ($383 
million) minus the cost of this IFR ($56 million), or about $327 
million ($259 million in present value at a 7 percent discount rate). 
These cost savings are the net quantified benefits of this IFR.
    Risks: Many of the owners of these new sUAS may have no prior 
aviation experience and have little or no understanding of the NAS, let 
alone knowledge of the safe operating requirements and additional 
authorizations required to conduct certain operations. Aircraft 
registration provides an immediate and direct opportunity for the 
agency to engage and educate these new users prior to operating their 
unmanned aircraft and to hold them accountable for noncompliance with 
safe operating requirements, thereby mitigating the risk associated 
with the influx of operations. In light of the increasing reports and 
incidents of unsafe incidents, rapid proliferation of both commercial 
and model aircraft operators, and the resulting increased risk, the 
Department has determined it is contrary to the public interest to 
proceed with further notice and comment rulemaking regarding aircraft 
registration for small unmanned aircraft. To minimize risk to other 
users of the NAS and people and property on the ground, it is critical 
that the Department be able to link the expected number of new unmanned 
aircraft to their owners and educate these new owners prior to 
commencing operations.
    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.
Final Rule..........................   03/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Bonnie Lefko, Department of Transportation, Federal 
Aviation Administration, 6500 S MacArthur Boulevard, Registry Building 
26, Room 118, Oklahoma City, OK 73169, Phone: 405 954-7461, Email: 
[email protected].
    RIN: 2120-AK82

DOT--FEDERAL HIGHWAY ADMINISTRATION (FHWA)

Proposed Rule Stage

133. +Greenhouse Gas Emissions Measure

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: 23 U.S.C. 150
    CFR Citation: 23 CFR 490.
    Legal Deadline: None.
    Abstract: This rulemaking would establish a method for the 
measurement and reporting of greenhouse gas (GHG) emissions associated 
with on-road transportation under title 23 of the United States Code 
(U.S.C.). It is proposed as an addition to existing FHWA regulations 
that establish a set of performance measures for State departments of 
transportation (State DOTs) and metropolitan planning organizations 
(MPOs) to use pursuant to 23 U.S.C. 150(c) or other authorities.
    Statement of Need: The proposed national performance management 
measure responds to the climate crisis. Establishing a method for 
measuring and reporting greenhouse gas (GHG) emissions associated with 
transportation under title 23, United States Code, is necessary because 
the environmental sustainability, including the carbon footprint, of 
the transportation system is an important attribute of the system that 
States can use to assess the performance of the Interstate and non-
Interstate National Highway System (NHS). Consistent measurement and 
reporting of GHG emissions from on-road mobile source emissions under 
the proposed rule would assist all levels of government and the public 
in making more informed choices about GHG emissions trends.
    Summary of Legal Basis: FHWA has the legal authority to establish 
the proposed GHG emissions measure under 23 U.S.C. 150(c)(3), which 
calls for performance measures that the States can use to assess 
performance of the Interstate and non-Interstate NHS for purposes of 
carrying out the National Highway Performance Program (NHPP) under 23 
U.S.C. 119. Specifically, FHWA interprets the performance of the 
Interstate System and the NHS under 23 U.S.C. 150(c)(3)(A)(ii)(IV)-(V) 
to include environmental performance, consistent with the national 
goals established under 23 U.S.C. 150(b). Other statutory provisions 
also support the proposed measure, including 23 U.S.C. 119 (NHPP) and 
23 U.S.C. 101(b)(3)(G) (transportation policy), 134(a)(1) 
(transportation planning policy), 134(c)(1) (metropolitan planning), 
and 135(d)(1) and (d)(2) (statewide planning process and a performance-
based approach).
    Alternatives: FHWA is developing a proposed rule and will consider 
all available alternatives in the development of its proposal.
    Anticipated Cost and Benefits: FHWA is preparing a regulatory 
analysis of the costs and benefits associated with the proposed rule. 
In the analysis, FHWA anticipates quantifying estimates where possible 
and qualitatively discussing costs and benefits that cannot be 
quantified.
    Risks: FHWA is developing a proposed rule and will consider 
potential risks in the development of its proposal.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.

[[Page 5135]]

    Government Levels Affected: Local, State.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Michael Culp, Department of Transportation, Federal 
Highway Administration, 1200 New Jersey Avenue SE, Washington, DC 
20590, Phone: 202 366-9229, Email: [email protected].
    RIN: 2125-AF99

DOT--FHWA

Final Rule Stage

134. +Manual on Uniform Traffic Control Devices for Streets and 
Highways

    Priority: Other Significant.
    Legal Authority: 23 U.S.C. 101(a), 104, 109(d), 114(a), 217, 315, 
and 402(a)
    CFR Citation: 23 CFR 655.
    Legal Deadline: None.
    Abstract: This rulemaking would update the Manual on Uniform 
Traffic Control Devices for Streets and Highways (MUTCD) incorporated 
by reference at 23 CFR part 655. The new edition would update the 
technical provisions of the 2009 edition to reflect advances in 
technologies and operational practices that are not currently allowed 
in the MUTCD.
    Statement of Need: Updates to the Manual on Uniform Traffic Control 
Devices for Streets and Highways (MUTCD) are needed to update the 
technical provisions to reflect advances in technologies and 
operational practices, incorporate recent trends and innovations, and 
set the stage for automated driving systems as those continue to take 
shape. The proposed changes to the MUTCD would promote uniformity and 
incorporate technology advances in the traffic control device 
application. They ultimately would improve and encourage the safe and 
efficient utilization of roads that are open to public travel.
    Summary of Legal Basis: FHWA proposed this rule under 23 U.S.C. 
109(d), 315, and 402(a), which give the Secretary of Transportation the 
authority to promulgate uniform provisions to promote the safe and 
efficient utilization of the highways. The Secretary has delegated this 
authority to FHWA under 49 CFR 1.85.
    Alternatives: FHWA continues to consider all available alternatives 
in this rulemaking as the Agency considers public comments received on 
the Notice of Proposed Amendments (NPA) to inform a final rule.
    Anticipated Cost and Benefits: FHWA estimated the costs and 
potential benefits of the proposed changes to the MUTCD in an economic 
analysis. FHWA analyzed the expected compliance costs associated with 
132 proposed substantive revisions. As summarized in the NPA, FHWA 
found that 8 of those substantive revisions have quantifiable economic 
impacts. FHWA quantified the total estimated cost of 3 substantive 
revisions for which costs can be quantified as $541,978 when discounted 
at 7 percent and $589,667 when discounted at 3 percent, measured in 
2018 dollars. FHWA lacked information to estimate the cost of 5 
substantive revisions but expects they will have net benefits based on 
per-unit or per-mile costs and benefits of the proposed revisions. FHWA 
will update the economic analysis to reflect the final rule, to be 
designated as the 11th edition of the MUTCD.
    Risks: FHWA is continuing to consider potential risks as the Agency 
considers public comments received on the NPA to inform a final rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/14/20  85 FR 80898
Publication Date for Extension of      02/02/21  .......................
 Comment Period.
NPRM Comment Period End.............   05/14/21  .......................
Final Rule..........................   09/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: Federal, Local, State, Tribal.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Kevin Sylvester, Department of Transportation, 
Federal Highway Administration, 1200 New Jersey Avenue SE, Washington, 
DC 20590, Phone: 202 366-2161, Email: [email protected].
    RIN: 2125-AF85

DOT--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA)

Proposed Rule Stage

135. +Heavy Vehicle Automatic Emergency Braking

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 49 U.S.C. 30111; 49 U.S.C. 30115; 49 U.S.C. 30117; 
49 U.S.C. 30166; 49 U.S.C. 322; delegation of authority at 49 CFR 1.95
    CFR Citation: 49 CFR 571.
    Legal Deadline: None.
    Abstract: This notice will seek comments on a proposal to require 
and/or standardize equipment performance for automatic emergency 
braking on heavy trucks. The agency previously published a notice (80 
FR 62487) on October 16, 2015, granting a petition for rulemaking 
submitted by the Truck Safety Coalition, the Center for Auto Safety, 
Advocates for Highway and Auto Safety, and Road Safe America (dated 
February 19, 2015), to establish a safety standard to require automatic 
forward collision avoidance and mitigation (FCAM) systems on certain 
heavy vehicles. For several years, NHTSA has researched forward 
collision avoidance and mitigation technology on heavy vehicles, 
including forward collision warning and automatic emergency braking 
systems. This rulemaking proposes test procedures for measuring 
performance of these systems.
    Statement of Need: This proposed rule would establish a safety 
standard to require and/or standardize performance of automatic forward 
collision avoidance and mitigation systems on heavy vehicles. NHTSA 
believes there is potential for AEB to improve safety by reducing the 
likelihood of rear-end crashes involving heavy vehicles and the 
severity of crashes. NHTSA is commencing the rulemaking process to 
potentially require new heavy vehicles to be equipped with automatic 
emergency braking systems, or to standardize AEB performance when the 
systems are optionally installed on vehicles.
    Summary of Legal Basis: 49 U.S.C. 322, 30111, 30115, 30117 and 
30166; delegation of authority at 49 CFR 1.95.
    Alternatives: NHTSA will present regulatory alternatives in the 
NPRM.
    Anticipated Cost and Benefits: NHTSA will present preliminary costs 
and benefits in the NPRM.
    Risks: The agency believes there are no substantial risks to this 
rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: David Hines, Director, Office of Crash Avoidance

[[Page 5136]]

Standards, Department of Transportation, National Highway Traffic 
Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, 
Phone: 202-366-2720, Email: [email protected].
    RIN: 2127-AM36

DOT--NHTSA

136. +Light Vehicle Automatic Emergency Braking (AEB) With Pedestrian 
AEB

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 49 U.S.C. 30111; 49 U.S.C. 30115; 49 U.S.C. 30117; 
49 U.S.C. 30166; 49 U.S.C. 322; delegation of authority at 49 CFR 1.95
    CFR Citation: 49 CFR 571.
    Legal Deadline: None.
    Abstract: This notice will seek comment on a proposal to require 
and/or standardize performance for Light Vehicle Automatic Emergency 
Braking (AEB), including Pedestrian AEB (PAEB), on all newly 
manufactured light vehicles. A vehicle with AEB detects crash imminent 
situations in which the vehicle is moving forward towards another 
vehicle and/or a pedestrian, and automatically applies the brakes to 
prevent the crash from occurring, or to mitigate the severity of the 
crash. This rulemaking would set performance requirements and would 
specify a test procedure under which compliance with those requirements 
would be measured.
    Statement of Need: This proposed rule would reduce rear end 
vehicle-to-vehicle crashes and could reduce motor vehicle impacts with 
pedestrians that often result in death and injury.
    Summary of Legal Basis: 49 U.S.C. 322, 30111, 30115, 30117, 30166; 
delegation of authority at 49 CFR 1.95.
    Alternatives: NHTSA will present regulatory alternatives in the 
NPRM.
    Anticipated Cost and Benefits: NHTSA will present preliminary costs 
and benefits in the NPRM.
    Risks: The agency believes there are no substantial risks to this 
rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: David Hines, Director, Office of Crash Avoidance 
Standards, Department of Transportation, National Highway Traffic 
Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, 
Phone: 202-366-2720, Email: [email protected].
    RIN: 2127-AM37

DOT--NHTSA

Final Rule Stage

137. +Corporate Average Fuel Economy (CAFE) Preemption

    Priority: Other Significant.
    Legal Authority: delegation of authority at 49 CFR 1.95
    CFR Citation: 49 CFR 533.
    Legal Deadline: None.
    Abstract: This action would repeal of The Safer Affordable Fuel-
Efficient (SAFE) Vehicles Rule Part One: One National Program, 84 FR 
51310 (Sept. 27, 2019) (``SAFE I Rule'').
    Statement of Need: This action is directed under Executive Order 
13990.
    Summary of Legal Basis: This rulemaking would respond to 
requirements of the Energy Independence and Security Act of 2007 
(EISA), Title 1, Subtitle A, Section 102, as it amends 49 U.S.C. 32902, 
which was signed into law December 19, 2007. The statute requires that 
corporate average fuel economy standards be prescribed separately for 
passenger automobiles and non-passenger automobiles. The law requires 
the standards be set at least 18 months prior to the start of the model 
year.
    Alternatives: NHTSA considered alternatives in its May 2021 NPRM. 
NHTSA will update the regulatory alternatives in the final rule as 
appropriate.
    Anticipated Cost and Benefits: NHTSA estimated costs and benefits 
in its May 2021 NPRM. NHTSA will update the costs and benefits in the 
final rule as appropriate.
    Risks: The agency believes there are no substantial risks to this 
rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/12/21  86 FR 25980
NPRM Comment Period End.............   06/11/21  .......................
Final Rule..........................   11/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Kerry Kolodziej, Trial Attorney, Department of 
Transportation, National Highway Traffic Safety Administration, 1200 
New Jersey Ave. SE, Washington, DC 20590, Phone: 202 366-2161, Email: 
[email protected].
    RIN: 2127-AM33

DOT--NHTSA

138. +Passenger Car and Light Truck Corporate Average Fuel Economy 
Standards

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: Delegation of authority at 49 CFR 1.95
    CFR Citation: 49 CFR 533.
    Legal Deadline: None.
    Abstract: This rulemaking would reconsider Corporate Average Fuel 
Economy (CAFE) standards for passenger cars and light trucks that were 
established in the agency's April 30, 2020 final rule. This rulemaking 
would respond to requirements of the Energy Independence and Security 
Act of 2007 (EISA), title 1, subtitle A, section 102, as it amends 49 
U.S.C. 32902. The statute requires that corporate average fuel economy 
standards be prescribed separately for passenger automobiles and non-
passenger automobiles. For model years 2021 to 2030, the average fuel 
economy required to be attained by each fleet of passenger and non-
passenger automobiles shall be the maximum feasible for each model 
year. The law requires the standards be set at least 18 months prior to 
the start of the model year.
    Statement of Need: This action is directed under Executive Order 
13990.
    Summary of Legal Basis: This rulemaking would respond to 
requirements of the Energy Independence and Security Act of 2007 
(EISA), Title 1, Subtitle A, Section 102, as it amends 49 U.S.C. 32902, 
which was signed into law December 19, 2007. The statute requires that 
corporate average fuel economy standards be prescribed separately for 
passenger automobiles and non-passenger automobiles. The law requires 
the standards be set at least 18 months prior to the start of the model 
year.
    Alternatives: NHTSA considered alternatives in its September 2021 
NPRM. NHTSA will update the regulatory alternatives in the final rule 
as appropriate.
    Anticipated Cost and Benefits: NHTSA estimated costs and benefits 
in

[[Page 5137]]

its September 2021 NPRM. NHTSA will update the costs and benefits in 
the final rule as appropriate.
    Risks: The agency believes there are no substantial risks to this 
rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/03/21  86 FR 49602
NPRM Comment Period End.............   10/26/21  .......................
Final Action........................   03/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Gregory Powell, Program Analyst, Department of 
Transportation, National Highway Traffic Safety Administration, 1200 
New Jersey Avenue SE, Washington, DC 20590, Phone: 202 366-5206, Email: 
[email protected].
    RIN: 2127-AM34

DOT--FEDERAL RAILROAD ADMINISTRATION (FRA)

Proposed Rule Stage

139. +Train Crew Staffing

    Priority: Other Significant.
    Legal Authority: 49 CFR 1.89(a); 49 U.S.C. 20103
    CFR Citation: 49 CFR 218.
    Legal Deadline: None.
    Abstract: This rulemaking would address the potential safety impact 
of one-person train operations, including appropriate measures to 
mitigate an accident's impact and severity, and the patchwork of State 
laws concerning minimum crew staffing requirements. This rulemaking 
would address the issue of minimum requirements for the size of 
different train crew staffs, depending on the type of operations.
    Statement of Need: To address the potential safety impact of one-
person train operations, including appropriate measures to mitigate an 
accident's impact and severity, and the patchwork of State laws 
concerning minimum crew staffing requirements, FRA is drafting an NPRM 
that would address the issue of minimum requirements for the size of 
different train crew staffs, depending on the type of operation.
    Summary of Legal Basis: 49 U.S.C. 20103; 49 CFR 1.89(a).
    Alternatives: FRA will analyze regulatory alternatives in the NPRM.
    Anticipated Cost and Benefits: FRA is currently expecting the 
economic impact of this rule is expected to be less than $100 million; 
however, FRA has not yet quantified the costs or benefits associated 
with this proposed rulemaking.
    Risks: The NPRM is based off a risk assessment that individual 
railroads will have to perform. The risks should be negatively 
impacted.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Local, State.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    Agency Contact: Amanda Maizel, Attorney Adviser, Department of 
Transportation, Federal Railroad Administration, 1200 New Jersey Avenue 
SE, Washington, DC 20590, Phone: 202 493-8014, Email: 
[email protected].
    RIN: 2130-AC88

DOT--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA)

Long-Term Actions

140. +Pipeline Safety: Class Location Requirements

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 49 U.S.C. 60101 et seq.
    CFR Citation: 49 CFR 192.
    Legal Deadline: None.
    Abstract: This rulemaking action would address class location 
requirements for natural gas transmission pipelines, specifically as 
they pertain to actions operators are required to take following class 
location changes due to population growth near the pipeline. Operators 
have suggested that performing integrity management measures on 
pipelines where class locations have changed due to population 
increases would be an equally safe but less costly alternative to the 
current requirements of either reducing pressure, pressure testing, or 
replacing pipe.
    Statement of Need: Section 5 of the Pipeline Safety Act of 2011 
required the Secretary of Transportation to evaluate and issue a report 
on whether integrity management (IM) requirements should be expanded 
beyond high-consequence areas and whether such expansion would mitigate 
the need for class location requirements. PHMSA issued a report to 
Congress on its evaluation of this issue in April 2016, noting it would 
further evaluate the feasibility and appropriateness of alternatives to 
address pipe replacement requirements when class locations change due 
to population growth. PHMSA issued an advance notice of proposed 
rulemaking on July 31, 2018, to obtain public comment on whether 
allowing IM measures on pipelines where class locations have changed 
due to population increases would be an equally safe but less costly 
alternative to the current class location change requirements. PHMSA is 
proposing revisions to the Federal Pipeline Safety Regulations to amend 
the requirements for pipelines that experience a change in class 
location. This proposed rule addresses a part of a congressional 
mandate from the Pipeline Safety Act of 2011 and responds to public 
input received as part of the rulemaking process. The amendments in 
this proposed rule would add an alternative set of requirements 
operators could use, based on implementing integrity management 
principles and pipe eligibility criteria, to manage certain pipeline 
segments where the class location has changed from a Class 1 location 
to a Class 3 location. PHMSA intends for this alternative to provide 
equivalent public safety in a more cost-effective manner to the current 
natural gas pipeline safety rules, which require operators to either 
reduce the pressure of the pipeline, pressure test the pipeline segment 
to higher standards, or replace the pipeline segment.
    Summary of Legal Basis: Congress established the current framework 
for regulating the safety of natural gas pipelines in the Natural Gas 
Pipeline Safety Act of 1968 (NGPSA). The NGPSA provided the Secretary 
of Transportation the authority to prescribe minimum Federal safety 
standards for natural gas pipeline facilities. That authority, as 
amended in subsequent reauthorizations, is currently codified in the 
Pipeline Safety Laws (49 U.S.C. 60101 et seq.).
    Alternatives: PHMSA is evaluating and considering additional 
regulatory alternatives to these proposed requirements, including a 
``no action'' alternative.
    Anticipated Cost and Benefits: Estimated annual cost savings are 
$149 million.

[[Page 5138]]

    Risks: The alternative conditions PHMSA is proposing to allow 
operators to manage class location changes through IM will provide an 
equivalent level of safety as the existing class location change 
regulations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   07/31/18  83 FR 36861
ANPRM Comment Period End............   10/01/18  .......................
NPRM................................   10/14/20  85 FR 65142
NPRM Comment Period End.............   12/14/20  .......................
Final Rule..........................   03/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    URL For Public Comments: www.regulations.gov.
    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-AF29
BILLING CODE 4910-9X-P

DEPARTMENT OF THE TREASURY

Statement of Regulatory Priorities

    The primary mission of the Department of the Treasury is to 
maintain a strong economy and create economic and job opportunities by 
promoting the conditions that enable economic growth and stability at 
home and abroad, strengthen national security by combatting threats and 
protecting the integrity of the financial system, and manage the U.S. 
Government's finances and resources effectively.
    Consistent with this mission, regulations of the Department and its 
constituent bureaus are promulgated to interpret and implement the laws 
as enacted by Congress and signed by the President. It is the policy of 
the Department to comply with applicable requirements to issue a Notice 
of Proposed Rulemaking and carefully consider public comments before 
adopting a final rule. Also, the Department invites interested parties 
to submit views on rulemaking projects while a proposed rule is being 
developed.
    To the extent permitted by law, it is the policy of the Department 
to adhere to the regulatory philosophy and principles set forth in 
Executive Orders 12866, 13563, and 13609 and to develop regulations 
that maximize aggregate net benefits to society while minimizing the 
economic and paperwork burdens imposed on persons and businesses 
subject to those regulations.

Alcohol and Tobacco Tax and Trade Bureau

    The Alcohol and Tobacco Tax and Trade Bureau (TTB) issues 
regulations to implement and enforce Federal laws relating to alcohol, 
tobacco, firearms, and ammunition excise taxes and certain non-tax laws 
relating to alcohol. TTB's mission and regulations are designed to:
    (1) Collect the taxes on alcohol, tobacco products, firearms, and 
ammunition;
    (2) Protect the consumer by ensuring the integrity of alcohol 
products;
    (3) Ensure only qualified businesses enter the alcohol and tobacco 
industries; and
    (4) Prevent unfair and unlawful market activity for alcohol and 
tobacco products.
    In FY 2022, TTB will continue its multi-year Regulations 
Modernization effort by prioritizing projects that reduce regulatory 
burdens, streamline and simplify requirements, and improve service to 
regulated businesses. Specifically, TTB plans to publish deregulatory 
rules that will reduce the amount of information industry members must 
submit to TTB in connection with permit and similar applications to 
engage in regulated businesses, and reduce the types of operational 
activities that require prior approval. TTB expects these proposals to 
ultimately reduce the amount of operational information industry 
members must submit to TTB and provide for the piloting of a combined 
tax return and simplified operations report, reducing the overall 
number of reports industry members must submit. These measures are 
expected to reduce burden on industry member and provide them greater 
flexibility, and make starting new businesses easier and faster for new 
industry members.
    TTB will also prioritize rulemaking to amend its regulations to 
reflect statutory changes pursuant to the Taxpayer Certainty and 
Disaster Tax Act of 2020, which made permanent most of the Craft 
Beverage Modernization and Tax Reform provisions of the Tax Cuts and 
Jobs Act of 2017. These legislative changes include reduced tax rates 
for beer and distilled spirits and tax credits for wine, among other 
provisions that had previously been provided on a temporary basis, as 
well as new provisions on the types of activities that qualify for 
reduced tax rates for distilled spirits and on permissible transfers of 
bottled distilled spirits in bond. Additionally, as a result of this 
legislation, and as addressed in a June 2021 Report to Congress on 
Administration of Craft Beverage Modernization Act Refund Claims for 
Imported Alcohol, TTB will also prioritize rulemaking to implement and 
administer refund claims for imported alcohol.
    Additional priority projects include rulemaking to authorize new 
container sizes (standards of fill) for wine and responding to industry 
member petitions to authorize new wine treating materials and 
processes, new grape varietal names for use on labels of wine, and new 
American Viticultural Areas (AVAs).
    This fiscal year TTB plans to prioritize the following measures:
     Streamlining and Modernizing the Permit 
Application Process (RINs: 1513-AC46, 1513-AC47, and 1513-AC48, 
Modernization of Permit and Registration Application Requirements for 
Distilled Spirits Plants, Permit Applications for Wineries, and 
Qualification Requirements for Brewers, respectively.
    In FY 2017, TTB engaged in a review of its regulations to identify 
any regulatory requirements that could potentially be eliminated, 
modified, or streamlined to reduce burdens on industry related to 
application and qualification requirements. Since that time, TTB has 
removed a number of requirements, particularly with regard to the 
information that is required to be submitted on TTB permit-related 
forms. In FY 2022, TTB intends to propose amending its regulations to 
further streamline the qualification and application requirements for 
new and existing businesses, including distilled spirits plants, 
wineries, and breweries.
     Streamlining of Tax Return and Report 
Requirements (RIN: 1513-AC68).
    In FY 2022, TTB intends to propose for notice and comment 
regulatory amendments to substantially streamline current requirements 
pertaining to tax returns and operational reports and reducing the 
amount of information and the number of reports submitted. This measure 
will also include updates to return and report requirements to improve 
overall tax oversight and enforcement.
     Modernizing the Alcohol Beverage Labeling and 
Advertising Requirements (RIN: 1513-AC66, Modernization of the Labeling 
and Advertising Regulations for Distilled Spirits and Malt Beverage, 
and RIN: 1513-AC67, Modernization of

[[Page 5139]]

Wine Labeling and Advertising Regulations).
    The Federal Alcohol Administration Act requires that alcohol 
beverages introduced in interstate commerce have a label approved under 
regulations prescribed by the Secretary of the Treasury. TTB conducted 
an analysis of its alcohol beverage labeling regulations to identify 
any that might be outmoded, ineffective, insufficient, or excessively 
burdensome, and to modify, streamline, expand, or repeal them in 
accordance with that analysis. These regulations were also reviewed to 
assess their applicability to the modern alcohol beverage marketplace. 
As a result of this review, in FY 2019, TTB proposed revisions to the 
regulations concerning the labeling requirements for wine, distilled 
spirits, and malt beverages. TTB anticipated that these regulatory 
changes would assist industry in voluntary compliance, decrease 
industry burden, and result in the regulated industries being able to 
bring products to market without undue delay. TTB received over 1,100 
comments in response to the notice, which included suggestions for 
further revisions. In FY 2020, TTB published in the Federal Register 
(85 FR 18704) a final rule amending its regulations to make permanent 
certain of the proposed liberalizing and clarifying changes, and to 
provide certainty with regard to certain other proposals that 
commenters generally opposed and that TTB did not intend to adopt. In 
FY 2022, TTB intends to address remaining aspects of this rulemaking 
initiative, including incorporating a proposed reorganization of the 
regulatory provisions intended to make the regulations easier to read 
and understand, for which industry members expressed support.
     Implementation of the Craft Beverage 
Modernization Act (RIN: 1513-AC87, Implementing the Craft Beverage 
Modernization Act Permanent Provisions, and RIN: 1513-AC89, 
Administering the Craft Beverage Modernization Act Refund Claims for 
Imported Alcohol).
    TTB is amending its regulations for beer, wine, and distilled 
spirits, including those related to administration of import claims, to 
implement changes made to the Internal Revenue Code by the Taxpayer 
Certainty and Disaster Act of 2020, which made permanent most of the 
Craft Beverage Modernization and Tax Reform (CBMA) provisions of the 
Tax Cuts and Jobs Act of 2017. The CBMA provisions reduced excise taxes 
on all beverage alcohol producers, large and small, foreign and 
domestic. In 2020, these tax cuts were made permanent. The 2020 
provisions also transferred responsibility for administering certain 
CBMA provisions for imported alcohol from U.S. Customs and Border 
Protection (CBP) to the Treasury Department after December 31, 2022. 
Importers will be required to pay the full tax rate at entry and submit 
refund claims to Treasury. Treasury intends for TTB to administer these 
claims.
     Authorizing the Use of Additional Wine Treating 
Materials and Soliciting Comments on Proposed Changes to the Limits on 
the Use of Wine Treating Materials to Reflect ``Good Manufacturing 
Practice'' (RIN: 1513-AB61 and 1513-AC75).
    In FY 2017, TTB proposed to amend its regulations pertaining to the 
production of wine to authorize additional treatments that may be 
applied to wine and to juice from which wine is made. These proposed 
amendments were made in response to requests from wine industry members 
to authorize certain wine treating materials and processes not 
currently authorized by TTB regulations. Although TTB may 
administratively approve such treatments, such administrative approval 
does not guarantee acceptance in foreign markets of any wine so 
treated. Under certain international agreements, wine made with wine 
treating materials is not subject to certain restrictions if the 
authorization to use the treating materials is implemented through 
public notice; thus, rulemaking facilitates the acceptance of exported 
wine made using those treatments in foreign markets. In FY 2018, TTB 
reopened the comment period for the notice in response to industry 
member requests and, after consideration of the comments, TTB intends 
in FY 2022 to issue a final rule on those proposals. In FY 2022, TTB 
also intends to propose for public comment additional changes to the 
regulations governing wine treating materials, in response to a 
petition to more broadly amend the regulations to allow more wine 
treating materials to be used within the limitations of ``good 
manufacturing practice'' rather than within specified numerical limits.
     Addition of New Standards of Fill for Wine (RIN: 
1513-AC86)
    TTB plans to publish a proposal to amend the regulations governing 
wine containers to add additional authorized standards of fill in 
response to requests it has received for such standards, and to be 
consistent with a Side Letter included as part of a U.S.-Japan Trade 
Agreement that addresses issues related to market access and, 
specifically, to alcohol beverage standards of fill. TTB will also 
propose a technical amendment to add equivalent standard United States 
measures to the wine labeling regulations for recently approved wine 
standards of fill and for the additional sizes proposed in this notice.
     Addition of Singani to the Standards of Identity 
for Distilled Spirits (RIN: 1513-AC61).
    On August 25, 2021, TTB published a proposal (86 FR 47429) to amend 
the regulations that set forth the standards of identity for distilled 
spirits to include Singani as a type of brandy that is a distinctive 
product of Bolivia. This proposal follows a joint petition submitted by 
the Plurinational State of Bolivia and Singani 63, Inc., and subsequent 
discussions with the Office of the United States Trade Representative. 
TTB solicited comments on this proposal, including comments on its 
proposal to authorize a minimum bottling proof of 35 percent alcohol by 
volume (or 70[deg] proof) for Singani. TTB expects to publish a final 
rule in FY22.
     Proposal to Amend the Regulations to Add New 
Grape Variety Names for American Wines (RIN: 1513-AC24).
    In FY 2017, TTB proposed to amend its wine labeling regulations by 
adding a number of new names to the list of grape variety names 
approved for use in designating American wines. The proposed 
deregulatory amendments would allow wine bottlers to use these 
additional approved grape variety names on wine labels and in wine 
advertisements in the U.S. and international markets. In 2018, TTB 
reopened the comment period for the notice in response to requests. TTB 
was unable to complete this project in FY 2020 because of redirected 
efforts to address COVID-19 guidance, and TTB now intends to issue a 
final rule in FY 2022.

Office of the Comptroller of the Currency

    The Office of the Comptroller of the Currency (OCC) charters, 
regulates, and supervises all national banks and Federal savings 
associations (FSAs). The agency also supervises the Federal branches 
and agencies of foreign banks. The OCC's mission is to ensure that 
national banks and FSAs operate in a safe and sound manner, provide 
fair access to financial services, treat customers fairly, and comply 
with applicable laws and regulations.
    Regulatory priorities for fiscal year 2022 are described below.
     Amendments to Bank Secrecy Act Compliance 
Program Rule (12 CFR part 21).
    The OCC, the Board of Governors of the Federal Reserve System 
(FRB), and

[[Page 5140]]

the Federal Deposit Insurance Corporation (FDIC) plan to issue a notice 
of proposed rulemaking amending their respective Bank Secrecy Act 
Compliance Program Rules.
     Basel III Revisions (12 CFR part 3).
    The OCC, the FRB, and the FDIC plan to issue a notice of proposed 
rulemaking that would comprehensively revise the agencies' risk-based 
capital rules, including revisions to the current standardized and 
advanced approaches capital rules.
     Capital Requirements for Market Risk; 
Fundamental Review of the Trading Book (12 CFR part 3).
    The OCC, the FRB, and the FDIC plan to issue a notice of proposed 
rulemaking to revise their respective capital requirements for market 
risk, which are generally applied to banking organizations with 
substantial trading activity. The banking agencies expect the proposal 
to be generally consistent with the standards set forth in the 
Fundamental Review of the Trading Book published by the Basel Committee 
on Bank Supervision.
     Community Reinvestment Act Regulations (12 CFR 
parts 25 and 195).
    The OCC plans to issue a proposal to replace the current Community 
Reinvestment Act (CRA) rule with revised rules largely based on the 
1995 CRA regulations.
     Community Reinvestment Act Regulations (12 CFR 
part 25).
    Along with the Federal Deposit Insurance Agency and the Board of 
Governors of the Federal Reserve, the OCC plans to issue a joint rule 
to modernize the Community Reinvestment Act regulations.
     Computer-Security Incident Notification (12 CFR 
part 53).
    The OCC, FRB, and FDIC plan to issue a final rule that would 
require a banking organization to notify its primary federal regulator 
of significant computer-security incidents on a timely basis. The rule 
would also require a bank service provider to promptly notify banking 
organization customers of certain significant computer-security 
incidents. The notice of proposed rulemaking was published on January 
12, 2021 (86 FR 2299).
     Exemptions to Suspicious Activity Report 
Requirements (12 CFR parts 21 and 163).
    The OCC plans to issue a final rule to modify the requirements for 
national banks and Federal savings associations to file Suspicious 
Activity Reports. The rule would amend the OCC's Suspicious Activity 
Report regulations to allow the OCC to issue exemptions from the 
requirements of those regulations. The rule would make it possible for 
the OCC to grant relief to national banks or federal savings 
associations that develop innovative solutions to meet Bank Secrecy Act 
requirements more efficiently and effectively. The notice of proposed 
rulemaking was published on January 22, 2021 (86 FR 6572).
     Implementation of Emergency Capital Investment 
Program (12 CFR part 3).
    Section 104A of the Community Development Banking and Financial 
Institutions Act of 1994, which was added by the Consolidated 
Appropriations Act, 2021, authorizes the Secretary of the Treasury to 
establish the Emergency Capital Investment Program (ECIP) through which 
the Department of the Treasury (Treasury) can make capital investments 
in low- and moderate-income community financial institutions. The 
purpose of ECIP is to support the efforts of such financial 
institutions to, among other things, provide financial intermediary 
services for small businesses, minority-owned businesses, and 
consumers, especially in low-income and underserved communities. In 
order to support and facilitate the timely implementation and 
acceptance of ECIP and promote its purpose, the OCC, FRB, and FDIC plan 
to issue a final rule that provides that preferred stock issued to 
Treasury under ECIP qualifies as additional tier 1 capital and that 
subordinated debt issued to Treasury under ECIP qualifies as tier 2 
capital under the agencies' capital rule. The interim final rule was 
published on March 22, 2021 (86 FR 15076).
     Rules of Practice and Procedure (12 CFR part 
19).
    The OCC, FRB, and FDIC plan to issue a proposed rule to amend their 
rules of practice and procedure to reflect modern filing and 
communication methods and improve or clarify other procedures.
     Tax Allocation Agreements (12 CFR part 30).
    The OCC, FRB, and FDIC plan to issue a final rule requiring banks 
that file income taxes as part of a consolidated group to develop and 
maintain tax allocation agreements with other members of the 
consolidated group. The notice of proposed rulemaking was published on 
May 10, 2021 (86 FR 24755).

Customs Revenue Functions

    The Homeland Security Act of 2002 (the Act) provides that, although 
many functions of the former United States Customs Service were 
transferred to the Department of Homeland Security, the Secretary of 
the Treasury retains sole legal authority over customs revenue 
functions. The Act also authorizes the Secretary of the Treasury to 
delegate any of the retained authority over customs revenue functions 
to the Secretary of Homeland Security. By Treasury Department Order No. 
100-16, the Secretary of the Treasury delegated to the Secretary of 
Homeland Security authority to prescribe regulations pertaining to the 
customs revenue functions subject to certain exceptions, but further 
provided that the Secretary of the Treasury retained the sole authority 
to approve such regulations.
    During fiscal year 2021, CBP and Treasury plan to give priority to 
regulatory matters involving the customs revenue functions which 
streamline CBP procedures, protect the public, or are required by 
either statute or Executive Order. Examples of these efforts are 
described below.
     Investigation of Claims of Evasion of 
Antidumping and Countervailing Duties.
    Treasury and CBP plan to finalize interim regulations (81 FR 56477) 
which amended CBP regulations implementing section 421 of the Trade 
Facilitation and Trade Enforcement Act of 2015, which set forth 
procedures to investigate claims of evasion of antidumping and 
countervailing duty orders.
     Enforcement of Copyrights and the Digital 
Millennium Copyright Act.
    Treasury and CBP plan to finalize proposed amendments to the CBP 
regulations pertaining to importations of merchandise that violate or 
are suspected of violating the copyright laws, including the Digital 
Millennium Copyright Act (DMCA), in accordance with Title III of the 
Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) and 
Executive Order 13785, ``Establishing Enhanced Collection and 
Enforcement of Anti-dumping and Countervailing Duties and Violations of 
Trade and Customs Laws.'' The proposed amendments are intended to 
enhance CBP's enforcement efforts against increasingly sophisticated 
piratical goods, clarify the definition of piracy, simplify the 
detention process relative to goods suspected of violating the 
copyright laws, and prescribe new regulations enforcing the DMCA.
     Inter Partes Proceedings Concerning Exclusion 
Orders Based on Unfair Practices in Import Trade.
    Treasury and CBP plan to publish a proposal to amend its 
regulations with respect to administrative rulings related to the 
importation of articles in light of exclusion orders issued by the 
United States International Trade Commission (``Commission'') under 
section 337 of the Tariff Act of 1930, as amended. The proposed 
amendments seek to promote

[[Page 5141]]

the speed, accuracy, and transparency of such rulings through the 
creation of an inter partes proceeding to replace the current ex parte 
process.
     Merchandise Produced by Convict or Forced Labor 
or Indentured Labor under Penal Sanctions.
    Treasury and CBP plan to publish a proposed rule to update, 
modernize, and streamline the process for enforcing the prohibition in 
19 U.S.C. 1307 against the importation of merchandise that has been 
mined, produced, or manufactured, wholly or in part, in any foreign 
country by convict labor, forced labor, or indentured labor under penal 
sanctions. The proposed rule would generally bring the forced labor 
regulations and detention procedures into alignment with other 
statutes, regulations, and procedures that apply to the enforcement of 
restrictions against other types of prohibited merchandise.
     Non-Preferential Origin Determinations for 
Merchandise Imported From Canada or Mexico for Implementation of the 
Agreement Between the United States of America, the United Mexican 
States, and Canada (USMCA).
    Treasury and CBP plan to finalize a proposed rule to harmonize non-
preferential origin determinations for merchandise imported from Canada 
or Mexico. Such determinations would be made using certain tariff-based 
rules of origin to determine when a good imported from Canada or Mexico 
has been substantially transformed resulting in an article with a new 
name, character, or use. Once finalized, the rule is intended to reduce 
administrative burdens and inconsistency for non-preferential origin 
determinations for merchandise imported from Canada or Mexico for 
purposes of the implementation of the USMCA.

Financial Crimes Enforcement Network

    As administrator of the Bank Secrecy Act (BSA), the Financial 
Crimes Enforcement Network (FinCEN) is responsible for developing and 
implementing regulations that are the core of the Department's anti-
money laundering (AML) and countering the financing of terrorism (CFT) 
efforts. FinCEN's responsibilities and objectives are linked to, and 
flow from, that role. In fulfilling this role, FinCEN seeks to enhance 
U.S. national security by making the financial system increasingly 
resistant to abuse by money launderers, terrorists and their financial 
supporters, and other perpetrators of crime.
    The Secretary of the Treasury, through FinCEN, is authorized by the 
BSA to issue regulations requiring financial institutions to file 
reports and keep records that are highly useful in criminal, tax, or 
regulatory investigations, risk assessments, or proceedings, or 
intelligence or counter-intelligence activities, including analysis, to 
protect against terrorism. The BSA also authorizes FinCEN to require 
that designated financial institutions establish AML/CFT programs and 
compliance procedures. To implement and realize its mission, FinCEN has 
established regulatory objectives and priorities to safeguard the 
financial system from the abuses of financial crime, including 
terrorist financing, proliferation financing, money laundering, and 
other illicit activity.
    These objectives and priorities include: (1) Issuing, interpreting, 
and enforcing compliance with regulations implementing the BSA; (2) 
supporting, working with, and as appropriate overseeing compliance 
examination functions delegated by FinCEN to other Federal regulators; 
(3) managing the collection, processing, storage, and dissemination of 
data related to the BSA; (4) maintaining a government-wide access 
service to that same data for authorized users with a range of 
interests; (5) conducting analysis in support of policymakers, law 
enforcement, regulatory and intelligence agencies, and (for compliance 
purposes) the financial sector; and (6) coordinating with and 
collaborating on AML/CFT initiatives with domestic law enforcement and 
intelligence agencies, as well as foreign financial intelligence units.
    FinCEN's regulatory priorities for fiscal year 2022 include:
     Section 6110. BSA Application to Dealers in 
Antiquities and Assessment of BSA Application to Dealers in Art.
    On September 24, 2021, FinCEN issued an Advance Notice of Proposed 
Rulemaking (ANPRM) in order to implement Section 6110 of the Anti-Money 
Laundering Act of 2020 (the AML Act). This section amends the BSA (31 
U.S.C. 5312(a)(2)) to include as a financial institution a person 
engaged in the trade of antiquities, including an advisor, consultant, 
or any other person who engages as a business in the solicitation or 
the sale of antiquities, subject to regulations prescribed by the 
Secretary of the Treasury. The section further requires the Secretary 
of the Treasury to issue proposed rules to implement the amendment 
within 360 days of enactment of the AML Act.
     Reports of Foreign Financial Accounts Civil 
Penalties (Technical Change).
    FinCEN is amending 31 CFR 1010.820 to withdraw the reports of 
foreign financial accounts (FBAR) civil monetary penalties language at 
31 CFR 1010.820(g), which was made obsolete with the enactment of the 
American Jobs Creation Act of 2004. The American Jobs Creation Act of 
2004 amended 31 U.S.C. 5321(a)(5) to allow for a greater maximum 
penalty for a willful violation of 31 U.S.C. 5314 than was previously 
authorized.
     Clarification of the requirement to collect, 
retain, and transmit information on transactions involving convertible 
virtual currency and digital assets with legal tender status.
    The Board of Governors of the Federal Reserve System and FinCEN 
(collectively, the ``Agencies'') intend to issue a revised proposal to 
clarify the meaning of ``money'' as used in the rules implementing the 
BSA requiring financial institutions to collect, retain, and transmit 
information on certain funds transfers and transmittals of funds. The 
Agencies intend that the revised proposal will ensure that the rules 
apply to domestic and cross-border transactions involving convertible 
virtual currency, which is a medium of exchange (such as 
cryptocurrency) that either has an equivalent value as currency, or 
acts as a substitute for currency, but lacks legal tender status. The 
Agencies further intend that the revised proposal will clarify that 
these rules apply to domestic and cross-border transactions involving 
digital assets that have legal tender status.
     Real Estate Transaction Reports and Records.
    FinCEN will issue an Advanced Notice of Proposed Rulemaking (ANPRM) 
to seek guidance on a future rulemaking that would require certain 
legal entities involved in real estate transactions to submit reports 
and keep records. Specifically, the ANPRM will seek comment to assist 
FinCEN in preparing a proposed rule that would potentially impose 
nationwide recordkeeping and reporting requirements on financial 
institutions and nonfinancial trades and businesses participating in 
purchases of real estate by certain legal entities that are not 
financed by a loan, mortgage, or other similar instrument.
     Section 6212. Pilot Program on Sharing 
Information Related to Suspicious Activity Reports (SARs) Within a 
Financial Group.
    FinCEN intends to issue a Notice of Proposed Rulemaking (NPRM) in 
order

[[Page 5142]]

to implement Section 6212 the AML Act. This section amends the BSA (31 
U.S.C. 5318(g)) to establish a pilot program that permits financial 
institutions to SAR information with their foreign branches, 
subsidiaries, and affiliates for the purpose of combating illicit 
finance risks. The section further requires the Secretary of the 
Treasury to issue rules to implement the amendment within one year of 
enactment of the AML Act.
     Section 6101. Establishment of National Exam and 
Supervision Priorities.
    FinCEN intends to issue a NPRM to implement Section 6101 the AML 
Act. That section, among other things, amends section 5318(h) to title 
31 of the United States Code to: (1) Require financial institutions to 
establish CFT programs in addition to AML programs; (2) require FinCEN 
to establish national AML/CFT Priorities and, as appropriate, 
promulgate implementing regulations within 180 days of the issuance of 
those priorities; and (3) provide that the duty to establish, maintain, 
and enforce a BSA AML/CFT program remains the responsibility of, and 
must be performed by, persons in the United States who are accessible 
to, and subject to oversight and supervision by, the Secretary of the 
Treasury and the appropriate Federal functional regulator. 
Additionally, FinCEN intends to propose other changes, including 
regulatory amendments to establish that all financial institutions 
subject to an AML/CFT program requirement must maintain an effective 
and reasonably designed AML/CFT program, and that such a program must 
include a risk assessment process.
     Sec. 6305. No Action Letter Program.
    FinCEN will issue an ANPRM following the implementation of Section 
6305 of the AML Act. This section required FinCEN to conduct an 
assessment on whether to issue no-action letters in response to 
specific conduct requests from third parties, and propose rulemaking if 
appropriate. The assessment concluded that FinCEN should issue no-
action letters, subject to sufficient resources, and proposed 
rulemaking to follow the issuance of the report. The ANPRM will seek 
guidance on the contours of a FinCEN no-action letter process, and, if 
necessary and appropriate, may be followed by a NPRM establishing 
regulations to govern the process. The ANPRM will also solicits 
feedback on FinCEN's current forms of regulatory guidance and relief.
     Voluntary Information Sharing Among Financial 
Institutions Under Section 314(b) of the USA PATRIOT Act.
    FinCEN is considering issuing this rule to strengthen the 
administration of the regulation implementing the statutory safe harbor 
that allows eligible financial institutions and associations of 
financial institutions to voluntarily share information regarding 
activities that may involve terrorist acts or money laundering.
     Sec. 6314. Updating Whistleblower Incentives and 
Protection.
    FinCEN intends to issue a NPRM relating to Section 6314 of the AML 
Act. Section 6314 of AML Act amends Section 5323 of title 31, United 
States Code. Section 6314, enacted on January 1, 2021, established a 
whistleblower program that requires FinCEN to pay an award, under 
regulations prescribed by FinCEN and subject to certain limitations, to 
eligible whistleblowers who voluntarily provide FinCEN or the 
Department of Justice (DOJ) with original information about a violation 
of the Bank Secrecy Act that leads to the successful enforcement of a 
covered judicial or administrative action, or related action, and 
requires that FinCEN preserve the confidentiality of a whistleblower.
    Additionally, section 6314 of the AML Act repealed 31 U.S.C. 5328, 
the previous whistleblower protection provision, and replaced it with a 
new subsection to 31 U.S.C. 5323: Subsection (g) ``Protection of 
Whistleblowers.'' The new subsection (g) prohibits retaliation by 
employers against individuals that provide FinCEN or the DOJ with 
information about potential Bank Secrecy Act violations; any individual 
alleging retaliation may seek relief by filing a complaint with the 
Department of Labor.
     Section 6403. Corporate Transparency Act.
    On April 5, 2021, FinCEN issued an ANPRM entitled ``Beneficial 
Ownership Information Reporting Requirements,'' relating to the 
Corporate Transparency Act (Sections 6401-6403 of the AML Act), and 
intends to issue a NPRM. Section 6403 of the AML Act amends the BSA by 
adding new Section 5336 to title 31 of the United States Code. New 
Section 5336 requires FinCEN to issue rules requiring: (i) Reporting 
companies to submit certain information about the individuals who are 
beneficial owners of those entities and the individuals who formed or 
registered those entities; (ii) establishing a mechanism for issuing 
FinCEN identifiers to entities and individuals that request them; (iii) 
requiring FinCEN to maintain the information in a confidential, secure, 
non-public database; and (iv) authorizing FinCEN to disclose the 
information to certain government agencies and financial institutions 
for purposes specified in the legislation and subject to protocols to 
protect the confidentiality of the information. Section 5336 requires 
that the first of these requirements, notably the beneficial ownership 
information reporting regulation for legal entities (the ``reporting 
regulation''), be published in final form by January 1, 2022. The ANPRM 
solicited comments on a wide range of questions having to do with the 
possible shape of the reporting regulation, as well as questions that 
concern the interaction of the requirements of this regulation and the 
shape and functionality of the database that will be populated with the 
information reported under Section 5336.
     Orders Imposing Additional Reporting and 
Recordkeeping Requirements (Technical Change).
    On November 15, 2021, FinCEN issued a final rule to update the 
regulation set forth at 31 CFR 1010.370 to reflect amendments to the 
underlying statute, 31 U.S.C. 5326, concerning the authority of FinCEN 
to issue orders imposing additional reporting and recordkeeping 
requirements on financial institutions and nonfinancial trades or 
businesses in a geographic area.
     Requirements for Certain Transactions Involving 
Convertible Virtual Currency or Digital Assets.
    FinCEN is proposing to amend the regulations implementing the BSA 
to require banks and money service businesses to submit reports, keep 
records, and verify the identity of customers in relation to 
transactions involving convertible virtual currency (CVC) or digital 
assets with legal tender status (``legal tender digital assets'' or 
``LTDA'') held in unhosted wallets, or held in wallets hosted in a 
jurisdiction identified by FinCEN.
     Report of Foreign Bank and Financial Accounts.
    FinCEN is proposing to amend the regulations implementing the BSA 
regarding reports of foreign financial accounts (FBARs). The proposed 
changes are intended to clarify which persons will be required to file 
reports of foreign financial accounts and what information is 
reportable. The proposed changes are intended to amend two provisions 
of the FBAR regulation: (1) Signature or other authority; and (2) 
special rules. Treasury is considering whether the relevant statutory 
objectives can be achieved at a lower cost.
     Withdraw Obsolete Civil Money Penalty Provisions 
for BSA Violations. (Technical Change)

[[Page 5143]]

    FinCEN is amending 31 CFR 1010.820 to withdraw the civil money 
penalty provisions for BSA violations that are obsolete. Statutory 
amendments have been made to specific civil BSA penalties since the 
regulation was last revised. In addition, the Federal Civil Penalties 
Inflation Adjustment Act of 1990 as amended, 28 U.S.C. 2461 note, 
requires agencies to issue regulations making annual adjustments 
reflecting the effect of inflation for civil penalties expressed in 
terms of a dollar amount. Those inflation adjustments are correctly 
captured in a separate regulation, and therefore the obsolete and 
inconsistent provisions will be withdrawn.
     Amendments to the Definitions of Broker or 
Dealer in Securities.
    FinCEN is finalizing amendments to the regulatory definitions of 
``broker or dealer in securities'' under the regulations implementing 
the BSA. The changes are intended to expand the current scope of the 
definitions to include funding portals. In addition, these amendments 
would require funding portals to implement policies and procedures 
reasonably designed to achieve compliance with all of the BSA 
requirements that are currently applicable to brokers or dealers in 
securities. The rule to require these organizations to comply with the 
BSA regulations is intended to help prevent money laundering, terrorist 
financing, and other financial crimes.
     Other Requirements.
    FinCEN also will continue to issue proposed and final rules 
pursuant to section 311 of the USA PATRIOT Act, as appropriate. 
Finally, FinCEN expects that it may propose various technical and other 
regulatory amendments in conjunction with ongoing efforts with respect 
to a comprehensive review of existing regulations to enhance regulatory 
efficiency required by Section 6216 of the AML Act.

Bureau of the Fiscal Service

    The Bureau of the Fiscal Service (Fiscal Service) administers 
regulations pertaining to the Government's financial activities, 
including: (1) Implementing Treasury's borrowing authority, including 
regulating the sale and issue of Treasury securities; (2) administering 
Government revenue and debt collection; (3) administering government-
wide accounting programs; (4) managing certain Federal investments; (5) 
disbursing the majority of Government electronic and check payments; 
(6) assisting Federal agencies in reducing the number of improper 
payments; and (7) providing administrative and operational support to 
Federal agencies through franchise shared services.
    During fiscal year 2022, Fiscal Service will accord priority to the 
following regulatory projects:
     Surety Companies Doing Business with the United 
States.
    Fiscal Service is proposing to amend its regulations governing 
surety companies doing business with the United States, found at 31 CFR 
part 223. When a federal law requires a person to post a bond through a 
surety, the person satisfies the requirement if the bond is 
underwritten by a company that is certified by Treasury to write 
federal bonds. Fiscal Service administers the regulations governing the 
issuance, renewal, and revocation of certificates of authority to 
surety companies to write or reinsure federal bonds. Fiscal Service 
proposes to amend its regulations governing how it values the assets 
and liabilities of sureties to keep pace with changes in regulation of 
the surety industry occurring at the state and international levels.
     Government Participation in the Automated 
Clearing House.
    The Fiscal Service is proposing to amend its regulation at 31 CFR 
part 210 governing the government's participation in the Automated 
Clearing House (ACH). The proposed amendment would address changes to 
the National Automated Clearing House Association's (Nacha) private-
sector ACH rules that have been adopted since those rules were last 
incorporated by reference in part 210. Among other things, the 
amendment would address the increase in the Same-Day ACH transaction 
limit from $100,000 per transaction to $1,000,000 per transaction.
     Re-Write of DCIA Offset Regulations in 31 CFR 
part 285 subpart A.
    The Fiscal Service is proposing to amend its offset regulations 
currently codified in 31 CFR part 285 subpart A. These regulations 
govern how Fiscal Service administers the offset of federal and state 
payments to collect federal and state debt through the Treasury Offset 
Program. Through the amendment, Fiscal Service will re-write and 
reorganize the current regulations. The main purpose of the amendment 
will be to improve the clarity of the regulations. A second purpose 
will be to restore flexibility where previously-issued regulations may 
have unintentionally narrowed statutory authority.

Internal Revenue Service

    The Internal Revenue Service (IRS), working with the Office of Tax 
Policy, promulgates regulations that interpret and implement the 
Internal Revenue Code (Code), and other internal revenue laws of the 
United States. The purpose of these regulations is to carry out the tax 
policy determined by Congress in a fair, impartial, and reasonable 
manner, taking into account the intent of Congress, the realities of 
relevant transactions, the need for the Government to administer the 
rules and monitor compliance, and the overall integrity of the Federal 
tax system. The goal is to make the regulations practical and as clear 
and simple as possible, which reduces the burdens on taxpayers and the 
IRS.
    During fiscal year 2022, the IRS and Treasury's Office of Tax 
Policy's priority is to continue providing guidance regarding 
implementation of key provisions of the American Rescue Plan Act of 
2021, Public Law 117-2, the Coronavirus Aid, Relief, and Economic 
Security Act (CARES Act), Public Law 116-136, Public Law 115-97, known 
as the Tax Cuts and Jobs Act, as well as the Taxpayer First Act, Public 
Law 116-25, Division O of the Further Consolidated Appropriations Act, 
2020, and Public Law 116-94, known as the Setting Every Community Up 
for Retirement Enhancement Act of 2019 (SECURE Act).
    Every year, Treasury and the IRS identify guidance projects that 
are priorities for allocation of the resources during the year in the 
Priority Guidance Plan (PGP) (available on irs.gov and 
regulations.gov). The plan represents projects that Treasury and the 
IRS intend to actively work on during the plan year. See, for example, 
the 2021-2022 Priority Guidance Plan (September 9, 2021). To help 
facilitate and encourage suggestions, Treasury and the IRS have 
developed an annual process for soliciting public input for guidance 
projects. The annual solicitation is done through the issuance of a 
notice inviting recommendations from the public for items to be 
included on the PGP for the upcoming plan year. See, for example, 
Notice 2021-28 (April 14, 2021). We also invite the public to continue 
throughout the year to provide us with their comments and suggestions 
for guidance projects.

BILLING CODE 4810-25-P

DEPARTMENT OF VETERANS AFFAIRS (VA)

Statement of Regulatory Priorities

    The Department of Veterans Affairs (VA) administers services and 
benefit programs that recognize the important public obligations to 
those who served

[[Page 5144]]

this Nation. VA's regulatory responsibility is almost solely confined 
to carrying out mandates of the laws enacted by Congress relating to 
programs for veterans and their families. VA's major regulatory 
objective is to implement these laws with fairness, justice, and 
efficiency.
    Most of the regulations issued by VA involve at least one of three 
VA components: The Veterans Benefits Administration, the Veterans 
Health Administration, and the National Cemetery Administration. The 
primary mission of the Veterans Benefits Administration is to provide 
high-quality and timely nonmedical benefits to eligible veterans and 
their dependents. The primary mission of the Veterans Health 
Administration is to provide high-quality health care on a timely basis 
to eligible veterans through its system of medical centers, nursing 
homes, domiciliaries, and outpatient medical and dental facilities. The 
primary mission of the National Cemetery Administration is to bury 
eligible veterans, members of the Reserve components, and their 
dependents in VA National Cemeteries and to maintain those cemeteries 
as national shrines in perpetuity as a final tribute of a grateful 
Nation to commemorate their service and sacrifice to our Nation.
    VA's regulatory priority plan consists of three high priority 
regulations:
    (1) RIN 2900-AQ30 Proposed Rule--Modifying Copayments for Veterans 
at High Risk for Suicide.
    The Department of Veterans Affairs (VA) proposes to amend its 
medical regulations that govern copayments for outpatient medical care 
and medications for at-risk veterans.
    (2) RIN 2900-AR01 Proposed Rule--VA Pilot Program on Graduate 
Medical Education and Residency.
    The Department of Veterans Affairs proposes to revise its medical 
regulations to establish a new pilot program on graduate medical 
education and residency, as required by section 403 of the John S. 
McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining 
Internal Systems and Strengthening Integrated Outside Network Act of 
2018.
    (3) RIN 2900-AR16 Interim Final Rule--Staff Sergeant Parker Gordon 
Fox Suicide Prevention Grant Program.
    The Department of Veterans Affairs (VA) is issuing this interim 
final rule to implement legislation authorizing VA initiate a three-
year community-based grant program to award grants to eligible entities 
to provide or coordinate the provision of suicide prevention services 
to eligible individuals and their families. This rulemaking specifies 
grant eligibility criteria, application requirements, scoring criteria, 
constraints on the allocation and use of the funds, and other 
requirements necessary to implement this grant program.

VA

Proposed Rule Stage

141. Modifying Copayments for Veterans at High Risk for Suicide

    Priority: Other Significant.
    Legal Authority: 38 U.S.C. 1710(g); 38 U.S.C. 1722A
    CFR Citation: 38 CFR 17.108; 38 CFR 17.110.
    Legal Deadline: None.
    Abstract: The Department of Veterans Affairs (VA) proposes to amend 
its medical regulations that govern copayments for outpatient medical 
care and medications for at-risk veterans.
    Statement of Need: This rulemaking is needed because a change in 
the current regulation is called for by the policy outlined in 
Executive Order 13822, which provides that our Government must improve 
mental healthcare and access to suicide prevention resources available 
to veterans. Healthcare research has provided extensive evidence that 
copayments can be barriers to healthcare for vulnerable patients, which 
places the proposed change in line with the goals of the Executive 
Order.
    Summary of Legal Basis: Executive Order 13822.
    Alternatives: The express intent of the rulemaking is to reduce 
barriers to mental health care for Veterans at high risk for suicide. 
To defer implementation of the regulation would be to undermine its 
purpose. However, alternative regulatory approaches were considered. It 
was considered whether VHA national or local policy changes could 
effectively meet the intent of the proposed regulation. It was found 
that policy change is not a viable alternative due to regulatory 
constraints that prevent changes to copayment requirements. The timing 
of rulemaking was considered. There were no potential cost savings or 
other net benefits identified that would lead to a more beneficial 
option.
    A phase-in period for the regulation was considered. There were no 
burdens, likely failures, or negative comments identified that a phase-
in period would help mitigate. There were no potential cost savings or 
other net benefits identified that would make phasing in the regulation 
a more beneficial option.
    Anticipated Cost and Benefits: Outpatient medical care and 
medication copayments will be reduced for Veterans determined to be at 
high risk for suicide. VA strongly believes, based on extensive 
empirical evidence, that the provisions of this rulemaking will 
decrease the likelihood of fatal or medically serious overdoses from VA 
prescribed medications among Veterans who are at a high risk of 
suicide. VA also strongly believes, based on the evidence, that the 
provisions of this rulemaking will significantly increase the 
engagement of Veterans who are at a high risk of suicide in outpatient 
health care, which is known to decrease the risk of suicide and other 
adverse outcomes.
    VA has determined that there are transfers associated with this 
rulemaking and a loss of revenue to VA from the reduction of specific 
veteran copayments. The transfers are estimated to be $9.43M in FY2022 
and $54.35M over a 5-year period. The loss of revenue to VA is 
estimated to be $0.21M in FY2022 and $1.11M over a five-year period. 
The total budgetary impact of this rulemaking is estimated to be $9.63M 
in FY2022 and $55.47M over a five-year period.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    Agency Contact: Julie Wildman, Informatics Educator, Department of 
Veterans Affairs, 795 Willow Road, Building 321, Room A124, Menlo Park, 
CA 94304, Phone: 650 493-5000, Email: [email protected].
    RIN: 2900-AQ30

VA

142. VA Pilot Program on Graduate Medical Education and Residency

    Priority: Other Significant.
    Legal Authority: Pub. L. 115-182, sec. 403
    CFR Citation: 38 CFR 17.243 to 17.248.
    Legal Deadline: None.
    Abstract: The Department of Veterans Affairs proposes to revise its 
medical regulations to establish a new pilot program on graduate 
medical education and residency, as required by section

[[Page 5145]]

403 of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson 
VA Maintaining Internal Systems and Strengthening Integrated Outside 
Network Act of 2018.
    Statement of Need: This rulemaking is needed to implement section 
403 of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson 
VA Maintaining Internal Systems and Strengthening Integrated Outside 
Network Act of 2018 (hereafter referred to as the MISSION Act). Section 
403 of the MISSION Act requires the Department of Veterans Affairs (VA) 
create a pilot program to establish additional medical residency 
positions authorized under section 301(b)(2) of Public Law 113-146 
(note to section 7302 of title 38 United States Code (U.S.C.)) at 
certain covered facilities, to include non-VA facilities. Prior to 
section 403 of the MISSION Act, VA's authority in 38 U.S.C. 7302 
permitted VA to establish medical residency programs in VA facilities 
and ensure that such programs have a sufficient number of residents, 
where VA's graduate medical education (GME) programming was limited to 
funding resident salaries and benefits only if such residents were in 
VA facilities, caring for Veterans, and supervised by VA staff, with 
some additional support to the affiliated educational institutions for 
educational costs.
    Summary of Legal Basis: Section 403 of the MISSION Act expanded on 
this authority by creating a pilot to allow VA to fund residents 
regardless of whether they are in VA facilities, and to pay for certain 
costs of new residency programs that might also not be in VA 
facilities.
    Alternatives: VA analyzed whether this pilot program could be 
implemented without regulations, because the administration of resident 
stipends and benefits, as well as the reimbursement of certain costs of 
new residency programs, would be controlled by contracts or agreements 
outside of regulations. However, regulations were thought necessary to: 
Better characterize selection criteria for the covered facilities in 
which residents will be placed, and to establish priority placement at 
certain covered facilities as required by section 403; establish 
criteria for defining new residency programs; qualify the resident 
activities that would be reimbursable; and qualify the reimbursable 
costs for new residency programs if VA places a resident in a new 
residency program. Regulations were also thought necessary to clarify 
that this pilot program, unlike many other VA pilot programs, is not a 
grant program or a cooperative agreement program through which entities 
may apply to be considered for resident funding or reimbursement of new 
residency program costs.
    Anticipated Cost and Benefits: Increasing the number of residents 
and residency programs in underserved regions may improve the number of 
physicians practicing there after residency training and also will 
increase access to healthcare for veterans and possibly non-Veterans 
residing in those regions.
    VA estimates that costs of this program will be $4,160,259 in FY22 
and 13,691,052 over a 5-year period. Transfers will be zero in FY22 and 
$25,687,106 over a 5-year period. Combined, this results in a budget 
impact of $4,160,259 in FY 22 and $39,378,158 over a 5-year window.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: www.regulations.gov.
    Agency Contact: Marjorie A. Bowman, Chief, Office of Academic 
Affiliations (10X1), Department of Veterans Affairs, 810 Vermont Avenue 
NW, Washington, DC 20420, Phone: 202 461-9490, Email: 
[email protected].
    RIN: 2900-AR01

VA

Final Rule Stage

143. Staff Sergeant Parker Gordon Fox Suicide Prevention Grant Program

    Priority: Other Significant.
    Legal Authority: Pub. L. 116-171, sec. 201; 38 U.S.C. 1720F; 38 
U.S.C. 501
    CFR Citation: 38 CFR 62.2; 38 CFR 50.1(d); 38 CFR 78.45.
    Legal Deadline: Other, Statutory, December 31, 2025, Required 
consultation pursuant to section 201 of Pub. L. 116-171. Required 
consultation pursuant to section 201 of Pub. L. 116-171. This grant 
program is authorized by section 201 of Public Law 116-171. VA must 
publish regulations for matters related to grants as required by 38 
U.S.C. 501(d).
    Abstract: The Department of Veterans Affairs (VA) is issuing this 
interim final rule to implement legislation authorizing VA to initiate 
a three-year community-based grant program to award grants to eligible 
entities to provide or coordinate the provision of suicide prevention 
services to eligible individuals and their families. This rulemaking 
specifies grant eligibility criteria, application requirements, scoring 
criteria, constraints on the allocation and use of the funds, and other 
requirements necessary to implement this grant program.
    Statement of Need: The Department of Veterans Affairs (VA) is 
issuing regulations for the implementation of section 201 of Public Law 
116-171, the Commander John Scott Hannon Veterans Mental Health Care 
Improvement Act of 2019 (the Act). Title 38 of United States Code 
(U.S.C.) section 501(d) requires VA to publish regulations for matters 
related grants, notwithstanding section 553(a)(2) of the Administration 
Procedure Act.
    Summary of Legal Basis: This grant program is authorized by section 
201 of Public Law 116-171. VA must publish regulations for matters 
related to grants as required by 38 U.S.C. 501(d).
    Alternatives: VHA initially was planning to implement the pilot 
program without any collaboration or planning with our internal or 
external partners. As an alternative, VHA intends to collaborate with 
other grant programs to examine certain costs which may be shared such 
as FTE, IT systems, and utilizing internal VA offices and 
infrastructure for certain aspect of grants management. This will 
maximize the effectiveness of the program and minimize any 
inefficiencies which would have otherwise arisen. VA determined the 
best course of action was to work with internal and external partners 
to develop the best grant program possible for suicide prevention among 
our Veteran population.
    Anticipated Cost and Benefits: VA has estimated that there are both 
transfers and costs associated with the provisions of this rulemaking. 
The transfers are estimated to be $51.7M in FY2023 and $156 7M through 
FY2025. The costs are estimated to be $1.6M in FY2021 and $16.8M over 
five years (FY2021-FY2025).
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request For Information (RFI).......   04/01/21  86 FR 17268
RFI Comment Period End..............   04/22/21  .......................
Interim Final Rule..................   04/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    URL For More Information: https://www.federalregister.gov

[[Page 5146]]

    Agency Contact: Juliana Hallows, Associate Director, VACO Suicide 
Prevention Program, Department of Veterans Affairs, 810 Vermont Avenue 
NW, Washington, DC 20420, Phone: 406 475-0624, Email: 
[email protected].
    RIN: 2900-AR16

BILLING CODE 8320-01-P

ENVIRONMENTAL PROTECTION AGENCY (EPA)

Statement of Priorities

Overview

    EPA works to ensure that all Americans are protected from 
significant risks to human health and the environment, including 
climate change, and that overburdened and underserved communities and 
vulnerable individuals--including low-income communities and 
communities of color, children, the elderly, tribes, and indigenous 
people--are meaningfully engaged and benefit from focused efforts to 
protect their communities from pollution. EPA acts to ensure that all 
efforts to reduce environmental harms are based on the best available 
scientific information, that federal laws protecting human health and 
the environment are enforced equitably and effectively, and that the 
United States plays a leadership role in working with other nations to 
protect the global environment. EPA is committed to environmental 
protection that builds and supports more diverse, equitable, 
sustainable, resilient, and productive communities and ecosystems.
    By taking advantage of the latest science, the newest technologies 
and the most cost-effective and sustainable solutions, EPA and its 
federal, tribal, state, local, and community partners have made 
important progress in addressing pollution where people live, work, 
play, and learn. By cleaning up contaminated waste sites, reducing 
greenhouse gases, lowering emissions of mercury and other air 
pollutants, and investing in water and wastewater treatment, EPA's 
efforts have resulted in tangible benefits to the American public. 
Efforts to reduce air pollution alone have produced hundreds of 
billions of dollars in benefits in the United States, and tremendous 
progress has been made in cleaning up our nation's land and waterways. 
But much more needs to be done to implement the nation's environmental 
statutes and ensure that all individuals and communities benefit from 
EPA's efforts to protect human health and the environment and to 
address the climate crisis.
    EPA has initiated cross-Agency efforts to address our most complex 
environmental challenges including PFAS pollution. Per- and 
polyfluoroalkyl substances (PFAS) are a group of man-made chemicals, 
including PFOA and PFOS, that have been manufactured and used in a 
variety of industries around the globe, including in the United States, 
since the 1940s. Both chemicals persist in the environment and in the 
human body. The EPA Administrator established a Council on PFAS, 
comprised of a group of senior agency leaders who are charged with 
accelerating the Agency's progress on PFAS. EPA is committed to using 
all the Agency's authorities to address PFAS pollution including Safe 
Drinking Water Act, Clean Water Act, and the Comprehensive 
Environmental Response, Compensation, and Liability Act. EPA also is 
expanding our existing data collection efforts to better understand the 
environmental and human health impacts of PFAS. Similarly, EPA has 
developed a cross-Agency strategy to coordinate the Agency's efforts to 
reduce lead exposure and protect children and families from the harmful 
effects of lead.
    EPA will use its regulatory authorities, along with grant- and 
incentive-based programs, technical and compliance assistance, and 
research and educational initiatives, to address the following 
priorities set forth in EPA's upcoming Strategic Plan:

     Tackle the Climate Crisis
     Advance Environmental Justice and Civil Rights
     Ensure Clean and Healthy Air for All Communities
     Ensure Clean and Healthy Water for All Communities
     Safeguard and Revitalize Communities
     Ensure Safety of Chemicals for People and the Environment
    All this work will be undertaken with a strong commitment to 
scientific integrity, the rule of law and transparency, the health of 
children and other vulnerable populations, and with special focus on 
supporting and achieving environmental justice at federal, tribal, 
state, and local levels.

Highlights of EPA's Regulatory Plan

    This Regulatory Plan highlights our most important upcoming 
regulatory actions. As always, our Semiannual Regulatory Agenda 
contains information on a broader spectrum of EPA's upcoming regulatory 
actions.

Tackle the Climate Crisis

    EPA must take bold and decisive steps to respond to the severe and 
urgent threat of climate change, including taking appropriate 
regulatory action under existing statutory authorities to reduce 
emissions from our nation's largest sources of greenhouse gases (GHG). 
The impacts of climate change are affecting people in every region of 
the country, threatening lives and livelihoods and damaging 
infrastructure, ecosystems, and social systems. Overburdened and 
underserved communities and individuals are particularly vulnerable to 
these impacts, including low-income communities and communities of 
color, children, the elderly, tribes, and indigenous people. Exercising 
its authority under the Clean Air Act (CAA), EPA will address major 
sources of GHGs that are driving these impacts by taking regulatory 
action to minimize emissions of methane from new and existing sources 
in the oil and natural gas sector; reduce GHGs from new and existing 
fossil fuel-fired power plants; limit GHGs from new light-duty vehicles 
and heavy-duty trucks; and set requirements for the use of renewable 
fuel. EPA will also carry out the mandates of the recently enacted 
American Innovation and Manufacturing (AIM) Act to implement, and where 
appropriate accelerate, a national phasedown in the production and 
consumption of hydrofluorocarbons (HFCs), which are highly potent GHGs.
     Emission Guidelines for Oil and Natural Gas Sector. The 
oil and natural gas industry are the largest industrial source of U.S. 
emissions of methane, a GHG more than 25 times as potent as carbon 
dioxide at trapping heat in the atmosphere. Executive Order 13990, 
``Protecting Public Health and the Environment and Restoring Science to 
Tackle the Climate Crisis,'' states that the Administrator of EPA 
should consider proposing new regulations to establish emission 
guidelines for methane emissions from existing operations in the oil 
and gas sector, including the exploration and production, transmission, 
processing, and storage segments. The purpose of this action is to 
propose new emission guidelines for existing sources in the oil and gas 
sector by October 2021.
     New Source Performance Standards for Crude Oil and Natural 
Gas Facilities: Review of Policy and Technical Rules. Executive Order 
13990 further directs EPA to review the new source performance 
standards (NSPS) issued in 2020 for the oil and gas sector about 
methane and volatile organic compound

[[Page 5147]]

(VOC) emissions and, as appropriate and consistent with applicable law, 
consider publishing for notice and comment a proposed rule suspending, 
revising, or rescinding the NSPS. The Executive Order also directs EPA 
to consider proposing new regulations to establish comprehensive NSPS 
for methane and VOC emissions from the exploration and production, 
transmission, processing, and storage segments. The purpose of this 
action is to review the existing NSPS and propose new standards as 
necessary.
     Emission Guidelines for Greenhouse Gas Emissions from 
Fossil Fuel-Fired Existing Electric Generating Units. On January 19, 
2021, the D.C. Circuit Court vacated the Affordable Clean Energy Rule 
(40 CFR part 60, subpart UUUUa) and remanded the rule to EPA for 
further consideration consistent with its decision. On February 12, 
2021, considering the court's decision, the EPA published a memorandum 
on the status of the Affordable Clean Energy (ACE) rule and informed 
states not to continue the development or submittal of state plans in 
accordance with CAA section 111(d) guidelines for GHG emissions from 
power plants at this time. EPA continues to review the court's vacatur 
and remand of these actions. The anticipated proposal date for this 
action is by July 2022, and promulgation by July 2023.
     Amendments to the NSPS for GHG Emissions from New, 
Modified, & Reconstructed Stationary Sources: EGUs. Under CAA section 
111(b), EPA sets New Source Performance Standards (NSPS) for GHG 
emissions from new, modified, and reconstructed fossil fuel-fired power 
plants. In 2015, EPA finalized regulations to limit GHG emissions from 
new fossil-fuel fired utility boilers and from natural gas-fired 
stationary combustion turbines. In 2018, EPA proposed to revise the 
NSPS for coal fired EGUs. To date, that proposed action has not been 
finalized. The 2018 proposed rule would have revised the 2015 NSPS 
finalized in conjunction with the Clean Power Plan (80 FR 64510). 
Litigation remains in abeyance for the 2015 final NSPS. The purpose of 
this action is to review the NSPS and, if appropriate, amend the 
standards for new fossil fuel fired EGUs. Anticipated timing of the 
proposed rule is by June 2022 and promulgation by June 2023.
     Restrictions on Certain Uses of Hydrofluorocarbons under 
Subsection (i) of the American Innovation and Manufacturing Act. EPA 
intends to propose a rule that, in part, responds to petitions granted 
under subsection (i) of the AIM Act. Subsection (i) of the AIM Act 
provides that a person may petition EPA to promulgate a rule for the 
restriction on use of a regulated substance in a sector or subsector. 
EPA will consider a rule restricting, fully, partially, or on a 
graduated schedule, the use of HFCs in sectors or subsectors including 
the refrigeration, air conditioning, aerosol, and foam sectors informed 
by petitions received from environmental groups, trade associations, 
and individual companies. Additionally, EPA will consider establishing 
recordkeeping and reporting requirements and addressing other related 
elements of the AIM Act.
     Phasedown of Hydrofluorocarbons: Updates to the Allowance 
Allocation and Trading Program under the American Innovation and 
Manufacturing Act for 2024 and Later Years. As noted above, the AIM Act 
directs EPA to sharply reduce production and consumption of HFCs, which 
are harmful and potent greenhouse gases, by using an allowance 
allocation and trading program. This phasedown will decrease the 
production and import of HFCs in the United States by 85% over the next 
15 years. The first regulation under the AIM Act established the 
allowance allocation and trading program for 2022 and 2023. To continue 
phasing down the production and consumption of listed HFCs on the 
schedule listed in the AIM Act, this rulemaking will provide the 
framework for how the Agency will issue allowances in 2024 and beyond.
     Revised 2023 and Later Model Year Light-Duty Vehicle 
Greenhouse Gas Emissions Standards. Executive Order 13990 directed EPA 
to review the Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for 
Model Years 2021-2026 Passenger Cars and Light Trucks (April 30, 2020). 
In August 2021, EPA proposed to revise existing national GHG emissions 
standards for passenger cars and light trucks for Model Years 2023-
2026. The proposed standards would achieve significant GHG emissions 
reductions along with reductions in other criteria pollutants. The 
proposal would result in substantial public health and welfare 
benefits, while providing consumers with savings from lower fuel costs.
     Volume Requirements for 2023 and Beyond under the 
Renewable Fuel Standard Program. CAA statutory provisions governing the 
Renewable Fuel Standard (RFS) program provide target volumes of 
renewable fuel for the RFS program only through 2022. For years 2023 
and thereafter, the statute requires EPA to set those volumes based on 
an analysis of specified factors. If EPA does not set those volumes, 
there will be no applicable requirement to blend renewable fuel into 
gasoline and diesel. This rulemaking will establish volume requirements 
for 2023 and some years beyond. The proposal will provide the public 
with an opportunity to provide feedback on various alternative volume 
requirements.
     Renewable Fuel Standard (RFS) Program: RFS Annual Rules. 
CAA section 211 requires EPA to set renewable fuel percentage standards 
every year. This action establishes the annual percentage standards for 
cellulosic biofuel, biomass-based diesel, advanced biofuel, and total 
renewable fuel that apply to gasoline and diesel transportation fuel.

Ensure Clean and Healthy Air for All Communities

    All people regardless of race, ethnicity, national origin, or 
income deserve to breathe clean air. EPA has the responsibility to 
protect the health of vulnerable and sensitive populations, such as 
children, the elderly, and persons overburdened by pollution or 
adversely affected by persistent poverty or inequality. Since enactment 
of the CAA, EPA has made significant progress in reducing harmful air 
pollution even as the U.S. population and economy have grown. Between 
1970 and 2020, the combined emissions of six key pollutants dropped by 
78%, while the U.S. economy remained strong growing 272% over that time 
period. As required by the CAA, EPA will continue to build on this 
progress and work to ensure clean air for all Americans, including 
those in underserved and overburdened communities. Among other things, 
EPA will take regulatory action to review and implement health-based 
air quality standards for criteria pollutants such as particulate 
matter (PM); limit emissions of harmful air pollution from both 
stationary and mobile sources; address sources of hazardous air 
pollution (HAP), such as ethylene oxide, that disproportionately affect 
communities with environmental justice concerns; and protect downwind 
communities from sources of air pollution that cross state lines. Along 
with the full set of CAA actions listed in the regulatory agenda, the 
following high priority actions will allow EPA to continue its progress 
in reducing harmful air pollution.
     Review of the National Ambient Air Quality Standards for 
Particulate Matter. Under the CAA Amendments of 1977, EPA is required 
to review and if appropriate revise the air quality criteria for the 
primary (health-based) and secondary (welfare-based) national ambient 
air quality standards (NAAQS)

[[Page 5148]]

every 5 years. In December 2020, EPA published its final decision in 
the review of the PM NAAQS, retaining the existing standard established 
in 2013. The review included the preparation of an Integrated Review 
Plan, an Integrated Science Assessment (ISA), and a Policy Assessment 
with opportunities for review by EPA's Clean Air Scientific Advisory 
Committee (CASAC) and the public. These documents informed the 
Administrator's decision in the PM NAAQS review. On June 10, 2021, EPA 
notified the public that it will reconsider the 2020 decision to retain 
the PM NAAQS. As part of this reconsideration, EPA intends to develop a 
supplement to the ISA and a revised policy assessment to consider the 
most up-to-date science on public health and welfare impacts of PM and 
to engage with the CASAC and a newly constituted expert PM panel. 
Additionally, on July 7, 2020, EPA notified the public that it was 
initiating an update of the ISA for lead as part of the periodic review 
of the lead NAAQS.
     NESHAP: Coal- and Oil-Fired Electric Utility Steam 
Generating Units--Revocation of the 2020 Reconsideration, and 
Affirmation of the Appropriate and Necessary Supplemental Finding. 
Executive Order 13990 directs EPA to take certain actions by August 
2021, including considering publishing, as appropriate and consistent 
with applicable law, a proposed rule suspending, revising, or 
rescinding the ``National Emission Standards for Hazardous Air 
Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating 
Units--Reconsideration of Supplemental Finding and Residual Risk and 
Technology Review,'' 85 FR 31286 (May 22, 2020). The May 2020 final 
action is the latest amendment to the February 16, 2012, National 
Emission Standards for Hazardous Air Pollutants for Coal- and Oil-fired 
Electric Utility Steam Generating Units (77 FR 9304). That 2012 rule 
(40 CFR part 63, subpart UUUUU), commonly referred to as the Mercury 
and Air Toxics Standards (MATS), includes standards to control HAP 
emissions from new and existing coal- and oil-fired steam EGUs located 
at both major and area sources of HAP emissions. In the May 22, 2020 
action, EPA found that it is not appropriate and necessary to regulate 
coal- and oil-fired EGUs under CAA section 112. As directed by E.O. 
13990, EPA will review the May 22, 2020, finding and, under this 
action, will take appropriate action resulting from its review of the 
May 2020 finding that it is not appropriate and necessary to regulate 
coal- and oil-fired EGUs under Clean Air Act section 112. Results of 
EPA's review of the May 2020 RTR will be presented in a separate 
action.
     Interstate Transport Rule for 2015 Ozone NAAQS. This 
action would apply in certain states for which EPA has either 
disapproved a ``good neighbor'' state implementation plan (SIP) 
submission under CAA section 110(a)(2)(D)(i)(I) or has made a finding 
of failure to submit such a SIP submission for the 2015 ozone NAAQS. 
This action would determine whether and to what extent upwind sources 
of ozone-precursor emissions need to reduce these emissions to prevent 
interference with downwind states' maintenance or attainment of the 
2015 8-hour ozone NAAQS. For upwind states that EPA determines to be 
linked to a downwind nonattainment or maintenance receptor, EPA would 
conduct further analysis to determine what (if any) additional 
emissions controls are required in such states and develop an 
enforceable program for implementation of such controls.
     Control of Air Pollution from New Motor Vehicles: Heavy-
Duty Engine and Vehicle Standards. Heavy-duty engines have been subject 
to emission standards for criteria pollutants, including PM, 
hydrocarbon (HC), carbon monoxide (CO), and oxides of nitrogen 
(NOX), for nearly half a century. Current data suggest that 
existing standards should be revised to ensure full, in-use emission 
control. NOX emissions are major precursors of ozone and 
significant contributors to secondary PM2.5 formation. Ozone 
and ambient PM2.5 concentrations continue to be a nationwide 
health and air quality issue. Reducing NOX emissions from 
on-highway, heavy-duty trucks and buses is an important component of 
improving air quality nationwide and reducing public health and welfare 
effects associated with these pollutants, especially for vulnerable 
populations and in highly impacted regions. Through this action, EPA 
will evaluate data on current NOX emissions from heavy-duty 
vehicles and engines and propose options to improve control of criteria 
pollutant emissions through revised emissions standards. Additionally, 
this action will propose updates to the existing greenhouse gas 
emissions standards for heavy-duty vehicles.
     National Emission Standards for Hazardous Air Pollutants: 
Ethylene Oxide Commercial Sterilization and Fumigation Operations. In 
response to EPA's most recent National Air Toxics Assessment (NATA), 
which identified several areas across the country as having the 
potential for elevated cancer risk due to emissions of ethylene oxide 
to the outdoor air, EPA has initiated a review of its existing air 
rules for source categories that emit this chemical. This includes 
reviewing the current National Emission Standards for Hazardous Air 
Pollutants (NESHAP) for Ethylene Oxide Commercial Sterilization and 
Fumigation Operations, which were finalized in December 1994 (59 FR 
62585). The standards require existing and new major sources to control 
emissions to the level achievable by the maximum achievable control 
technology (MACT) and require existing and new area sources to control 
emissions using generally available control technology (GACT). In this 
action, EPA will conduct a statutorily required technology review for 
the NESHAP and will also consider the cancer risks of ethylene oxide 
emissions from this source category. To aid in this effort, EPA issued 
an advance notice of proposed rulemaking (ANPRM) on December 12, 2019 
(84 FR 67889) that solicited comment from stakeholders, developed 
important emissions-related data through data collection activities, 
and undertook a Small Business Advocacy Review (SBAR) panel, which is 
needed when there is the potential for significant economic impacts to 
small businesses from any regulatory actions being considered.
     Review of Final Rule Reclassification of Major Sources as 
Area Sources Under Section 112 of the Clean Air Act. This rulemaking 
will address the review of the final rule, ``Reclassification of Major 
Sources as Area Sources Under Section 112 of the Clean Air Act'' (Major 
MACT to Area, or MM2A final rule). See 85 FR 73854, November 19, 2020. 
Pursuant to Executive Order 13990, EPA has decided to review the MM2A 
final rule and, as appropriate and consistent with the CAA section 112, 
to publish for comment a notice of proposed rulemaking either 
suspending, revising, or rescinding the MM2A final rule. The MM2A final 
rule became effective on January 19, 2021 and provides that a major 
source can be reclassified to area source status at any time upon 
reducing its potential to emit (PTE) HAP to below the major source 
thresholds (MST) of 10 tons per year (tpy) of any single HAP and 25 tpy 
of any combination of HAP. Major sources that reclassify to area source 
status will no longer be subject to CAA section 112 major source 
requirements and, instead, will be subject to any applicable area 
source requirements. The MM2A final rule also included an interim 
ministerial revision

[[Page 5149]]

that removed the word ``federally'' from the phrase ``federally 
enforceable'' in the PTE definition in 40 CFR 63.2.

Ensure Clean and Healthy Water for All Communities

    The Nation's water resources are the lifeblood of our communities, 
supporting our health, economy, and way of life. Clean and safe water 
is a vital resource that is essential to the protection of human 
health. The EPA is committed to ensuring clean and safe water for all, 
including low-income communities and communities of color, children, 
the elderly, tribes, and indigenous people. Since the enactment of the 
Clean Water Act (CWA) and the Safe Drinking Water Act (SDWA), EPA and 
its state and tribal partners have made significant progress toward 
improving the quality of our waters and ensuring a safe drinking water 
supply. Along with the full set of water actions listed in the 
regulatory agenda, the regulatory initiatives listed below will help 
ensure that this important progress continues.
     Revised Definition of ``Waters of the United States''--
Rule 1: In April 2020, the EPA, and the Department of the Army (``the 
agencies'') published the Navigable Waters Protection Rule (NWPR) that 
revised the previously-codified definition of ``waters of the United 
States'' (85 FR 22250, April 21, 2020). The agencies are now initiating 
this new rulemaking process that restores the regulations in place 
prior to the 2015 ``Clean Water Rule: Definition of `Waters of the 
United States' '' (80 FR 37054, June 29, 2015), updated to be 
consistent with relevant Supreme Court decisions. The agencies intend 
to consider further revisions in a second rule in light of additional 
stakeholder engagement and implementation considerations, scientific 
developments, and environmental justice values. This effort will also 
be informed by the experience of implementing the pre-2015 rule, the 
2015 Clean Water Rule, and the 2020 Navigable Waters Protection Rule.
     Revised Definition of ``Waters of the United States''--
Rule 2: The EPA and the Department of the Army (``the agencies'') 
intend to pursue a second rule defining ``Waters of the United States'' 
to consider further revisions to the agencies' first rule (RIN 2040-
AG13) which proposes to restore the regulations in place prior to the 
2015 ``Clean Water Rule: Definition of `Waters of the United States' '' 
(80 FR 37054, June 29, 2015), updated to be consistent with relevant 
Supreme Court Decisions. This second rule proposes to include revisions 
reflecting on additional stakeholder engagement and implementation 
considerations, scientific developments, and environmental justice 
values. This effort will also be informed by the experience of 
implementing the pre-2015 rule, the 2015 Clean Water Rule, and the 2020 
Navigable Waters Protection Rule.
     Clean Water Act Section 401: Water Quality Certification. 
In accordance with Executive Order 13990, EPA has completed its review 
of the 2020 Clean Water Act Section 401 Certification Rule (85 FR 
42210, July 13, 2020) and has determined that it erodes state and 
tribal authority as it relates to protecting water quality. Through the 
new rulemaking, EPA intends to restore the balance of state, tribal, 
and federal authorities while retaining elements that support efficient 
and effective implementation of section 401. Congress provided 
authority to states and tribes under CWA section 401 to protect the 
quality of their waters from adverse impacts resulting from federally 
licensed or permitted projects. Under section 401, a federal agency may 
not issue a license or permit to conduct any activity that may result 
in any discharge into navigable waters unless the affected state or 
tribe certifies that the discharge is in compliance with the CWA and 
state law or waives certification. EPA intends to strengthen the 
authority of states and tribes to protect their vital water resources.
     Effluent Limitations Guidelines and Standards for the 
Steam Electric Power Generating Point Source Category. On July 26, 
2021, EPA announced its decision to conduct a rulemaking to potentially 
strengthen the Steam Electric Effluent Limitations Guidelines (ELGs) 
(40 CFR 423). This rulemaking process could result in more stringent 
ELGs for waste streams addressed in the 2020 final rule, as well as 
waste streams not covered in the 2020 rule. The former could address 
petitioners' claims in current litigation pending in the Fourth Circuit 
Court of Appeals. Appalachian Voices v. EPA, No. 20-2187 (4th Cir.). 
EPA revised the Steam Electric ELGs in 2015 and 2020.
     Per- and polyfluoroalkyl substances (PFAS): 
Perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) 
National Primary Drinking Water Regulation Rulemaking. On March 3, 
2021, EPA published the Fourth Regulatory Determinations (86 FR 12272), 
including a determination to regulate perfluorooctanoic acid (PFOA) and 
perfluorooctanesulfonic acid (PFOS) in drinking water. With this 
action, EPA intends to develop a proposed national primary drinking 
water regulation for PFOA and PFOS, and, as appropriate, take final 
action. Additionally, EPA will continue to consider other PFAS as part 
of this action.
     National Primary Drinking Water Regulations for Lead and 
Copper: Regulatory Revisions. EPA promulgated the final Lead and Copper 
Rule Revision (LCRR) on January 15, 2021 (86 FR 4198). Consistent with 
the directives of Executive Order 13990, EPA is currently considering 
revising this rulemaking. EPA will complete its review of the rule by 
December 2021 in accordance with those directives and informed by a 
robust stakeholder engagement process, including hearing from low-
income people and communities of color who are disproportionately 
affected by lead contamination. EPA understands that the benefits of 
clean water are not shared equally by all communities, and this review 
of the LCRR will be consistent with the policy aims set forth in 
Executive Order 13985, ``Advancing Racial Equity and Support for 
Underserved Communities through the Federal Government.''
     Cybersecurity in Public Water Systems. EPA is evaluating 
regulatory approaches to ensure improved cybersecurity at public water 
systems. EPA plans to offer separate guidance, training, and technical 
assistance to states and public water systems on cybersecurity. This 
action is expected to provide regulatory clarity and certainty and 
promote the adoption of cybersecurity measures by public water systems.
     Federal Baseline Water Quality Standards for Indian 
Reservations. EPA is developing a proposed rule to establish tribal 
baseline water quality standards (WQS) for waters on Indian 
reservations that do not have WQS under the CWA. The development of 
this rule will help advance President Biden's commitment to 
strengthening the nation-to-nation relationships with Indian Country. 
Currently, less than 20 percent of reservations have EPA-approved 
tribal WQS. Promulgating baseline WQS would address this longstanding 
gap and provide more scientific rigor and regulatory certainty to 
National Pollutant Discharge Elimination System (NPDES) permits for 
discharges to these waters. Consistent with EPA's regulations, the 
baseline WQS would include designated uses, water quality criteria to 
protect those uses, and antidegradation policies to protect high 
quality waters. EPA has consulted with tribes and will continue to do 
so.

[[Page 5150]]

Safeguard and Revitalize Communities

    EPA works to improve the health and livelihood of all Americans by 
cleaning up and returning land to productive use, preventing 
contamination, and responding to emergencies. EPA collaborates with 
other federal agencies, industry, states, tribes, and local communities 
to enhance the livability and economic vitality of neighborhoods. 
Challenging and complex environmental problems persist at many 
contaminated properties, including contaminated soil, sediment, surface 
water, and groundwater that can cause human health concerns. EPA's 
regulatory program works to incorporate new technologies and approaches 
to cleaning up land to provide for an environmentally sustainable 
future more efficiently and effectively, as well as to strengthen 
climate resilience and to integrate environmental justice and equitable 
development when returning sites to productive use. Along with the 
other land and emergency management actions in the regulatory agenda, 
EPA will take the following priority actions to address the 
contamination of soil, sediment, surface water, and groundwater.
     Designation of Perfluorooctanoic and 
Perfluorooctanesulfonic Acids as Hazardous Substances. EPA issued a 
PFAS Action Plan on February 14, 2019, responding to extensive public 
interest and input. The plan announced that EPA will begin the steps 
necessary to propose designating PFOA and PFOS as hazardous substances 
through one of the available statutory mechanisms in section 102 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA). CERCLA, commonly known as Superfund, provides EPA with 
enforcement authority and establishes liability for releases or 
threatened releases of hazardous substances. Designating PFOA and PFOS 
as CERCLA hazardous substances will require reporting of releases of 
PFOA and PFOS that meet or exceed the reportable quantity assigned to 
these substances. This will enable federal, state, tribal and local 
authorities to collect information regarding the location and extent of 
release. Moreover, designating PFOS and PFOA as hazardous substances 
under CERCLA would expand EPA's authority to investigate or respond to 
a release, and, thereby, reduce harm or risk to human health, welfare, 
and the environment.
     Hazardous and Solid Waste Management System: Disposal of 
Coal Combustion Residues from Electric Utilities. EPA is planning to 
amend the existing regulations in 40 CFR part 257 on the disposal of 
Coal Combustion Residuals (CCR) under subtitle D of the Resource 
Conservation and Recovery Act, initially issued on April 17, 2015 (80 
FR 21302). By implementing the April 2015 final rule, EPA is working to 
ensure that CCR disposal units that do not meet rule requirements, 
including unlined surface impoundments, cease receipt of waste and 
close in a way that protects public health and the environment. In 
addition, the Water Infrastructure Improvements for the Nation Act of 
2016 established new statutory provisions applicable to CCR disposal 
units and authorized EPA, if provided specific appropriations, to 
develop a federal permit program in nonparticipating states for CCR 
units. EPA plans to finalize regulatory amendments to provide a federal 
CCR permitting program. Finally, EPA plans to propose a rule to 
regulate inactive CCR surface impoundments at inactive utilities, or 
``legacy units.''
    Accidental Release Prevention Requirements: Risk Management Program 
(RMP) under the Clean Air Act; Retrospection. In accordance with 
Executive Order 13990, EPA is revising the RMP regulations, which 
implement the requirements of CAA section 112(r)(7). RMP requires 
facilities that use extremely hazardous substances to develop a Risk 
Management Plan. In 2019, EPA finalized a reconsideration of the RMP 
regulations that eliminated many of the major incident prevention 
initiatives that had been established in 2017 amendments to the rule. 
To support the current revisions, EPA hosted listening sessions to 
provide interested stakeholders the opportunity to present information 
or comment on issues pertaining to these revisions.

Ensure Safety of Chemicals for People and the Environment

    EPA is responsible for ensuring the safety of chemicals and 
pesticides for all people at all life stages. Chemicals and pesticides 
released into the environment as a result their manufacture, 
processing, distribution, use, or disposal can threaten human health 
and the environment. EPA gathers and assesses information about the 
risks associated with chemicals and pesticides and acts to minimize 
risks and prevent unreasonable risks to individuals, families, and the 
environment. EPA acts under several different statutory authorities, 
including the Federal Insecticide, Fungicide and Rodenticide Act 
(FIFRA), the Federal Food, Drug and Cosmetic Act (FFDCA), the Toxic 
Substances Control Act (TSCA), the Emergency Planning and Community 
Right-to-Know-Act (EPCRA), and the Pollution Prevention Act (PPA). 
Using best available science, the Agency will continue to satisfy its 
overall directives under these authorities and highlights the following 
rulemakings intended for release in FY2022:
    Chemical Specific Risk Management Rulemakings under TSCA section 
6(a). As amended in 2016, TSCA requires EPA to evaluate the safety of 
existing chemicals via a three-stage process: Prioritization, risk 
evaluation, and risk management. EPA first prioritizes chemicals as 
either high- or low-priority for risk evaluation. EPA evaluates high-
priority chemicals for unreasonable risk. If, at the end of the risk 
evaluation process, EPA determines that a chemical presents an 
unreasonable risk to health or the environment, the Agency must 
immediately move the chemical to risk management action under TSCA. EPA 
is required to implement, via regulation, regulatory restrictions on 
the manufacture, processing, distribution, use or disposal of the 
chemical to eliminate the unreasonable risk. TSCA gives EPA a range of 
risk management options, including labeling, recordkeeping or notice 
requirements, actions to reduce human exposure or environmental 
release, or a ban of the chemical or of certain uses.
    As announced on June 30, 2021, EPA reviewed the TSCA risk 
evaluations issued for the first 10 chemicals and as a result intends 
to implement policy changes to ensure the Agency is protecting human 
health and the environment under the requirements of TSCA. Upon review 
of the risk evaluations issued for Cyclic Aliphatic Bromide Cluster 
(HBCD) (RIN 2070-AK71), C.I. Pigment Violet 29 (PV29) (RIN 2070-AK87), 
and asbestos (part 1: Chrysotile asbestos) (RIN 2070-AK86), EPA 
currently believes these risk evaluations are likely sufficient to 
inform the risk management approaches being considered and that these 
approaches will be protective; therefore, the Agency does not think it 
needs to conduct any additional technical analysis that would amend the 
risk evaluation. However, EPA does intend to reissue individual 
chemical risk determinations that amend the approach to personal 
protective equipment (PPE) and include a whole chemical risk 
determination for HBCD (RIN 2070-AK71) and PV29 (RIN 2070-AK87) and, 
during part 2 of the risk evaluation for asbestos. The Agency is also 
working expeditiously on risk management and believes the proposed 
rules for HBCD (RIN 2070-AK71) and asbestos (part 1: Chrysotile 
asbestos) (RIN 2070-AK86)

[[Page 5151]]

will likely be the first of the 10 to be ready for release in FY2022.
     Modification to the Minimum Risk Pesticide Listing 
Program. Under FIFRA section 25(b), EPA has determined that certain 
``minimum risk pesticides'' pose little to no risk to human health or 
the environment and has exempted them from registration and other 
requirements under FIFRA. In 1996, EPA created a regulatory list of 
minimum risk active and inert ingredients in 40 CFR 152.25. Such 
exemption reduces the cost and regulatory burdens on businesses and the 
public for those pesticides deemed to pose little or no risk and allows 
EPA to focus our resources on pesticides that pose greater risk to 
humans and the environment. EPA is considering streamlining the 
petition process and revising how the Agency evaluates the potential 
minimum risk active and inert substances, factors used in classes of 
exemptions, state implementation of the minimum risk program, and the 
need for any future exemptions or modifications to current exemptions. 
On April 8, 2021 (86 FR 18232), EPA issued an advance notice of 
proposed rulemaking to solicit public input that it is considering in 
developing a proposed rule that the Agency intends to issue in FY2022.

Rules Expected To Affect Small Entities

    By better coordinating small business activities, EPA aims to 
improve its technical assistance and outreach efforts, minimize burdens 
to small businesses in its regulations, and simplify small businesses' 
participation in its voluntary programs. Actions that may affect small 
entities can be tracked on EPA's Regulatory Flexibility website 
(https://www.epa.gov/reg-flex) at any time.

EPA--OFFICE OF AIR AND RADIATION (OAR)

Proposed Rule Stage

144. National Emission Standards for Hazardous Air Pollutants: Ethylene 
Oxide Commercial Sterilization and Fumigation Operations

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 7412 Clean Air Act; 42 U.S.C. 
7607(d)(7)(B)
    CFR Citation: 40 CFR 63.
    Legal Deadline: None.
    Abstract: The National Emission Standards for Hazardous Air 
Pollutants (NESHAP) for Ethylene Oxide Commercial Sterilization and 
Fumigation Operations were finalized in December 1994 (59 FR 62585). 
The standards require existing and new major sources to control 
emissions to the level achievable by the maximum achievable control 
technology (MACT) and require existing and new area sources to control 
emissions using generally available control technology (GACT). EPA 
completed a residual risk and technology review for the NESHAP in 2006 
and, at that time, concluded that no revisions to the standards were 
necessary. In this action, EPA will conduct the second technology 
review for the NESHAP and also assess potential updates to the rule. To 
aid in this effort, EPA issued an advance notice of proposed rulemaking 
(ANPRM) that solicited comment from stakeholders and undertook a Small 
Business Advocacy Review (SBAR) panel, which is needed when there is 
the potential for significant economic impacts to small businesses from 
any regulatory actions being considered. EPA is also planning to 
undertake community outreach as part of the development of this action.
    Statement of Need: The National Air Toxics Assessment (NATA) 
released in August 2018 identified ethylene oxide (EtO) emissions as a 
potential concern in several areas across the country. The latest NATA 
estimates that EtO significantly contributes to potential elevated 
cancer risks in some census tracts. These elevated risks are largely 
driven by an EPA risk value that was updated in December 2016. Further 
investigation on NATA inputs and results led to the EPA identifying 
commercial sterilization using EtO as a source category contributing to 
some of these risks. Over the past two years, the EPA has been 
gathering additional information to help evaluate opportunities to 
reduce EtO emissions in this source category through potential NESHAP 
revisions. In this rule, EPA will address EtO emissions from commercial 
sterilizers.
    Summary of Legal Basis: CAA section 112, 42 U.S.C. 7412, provides 
the legal framework and basis for regulatory actions addressing 
emissions of hazardous air pollutants from stationary sources. CAA 
section 112(d)(6) requires EPA to review, and revise as necessary, 
emission standards promulgated under CAA section 112(d) at least every 
8 years, considering developments in practices, processes, and control 
technologies.
    Alternatives: EPA is evaluating various options for reducing EtO 
emissions from commercial sterilizers under the NESHAP, such as 
pollution control equipment, reducing fugitive emissions, or 
monitoring.
    Anticipated Cost and Benefits: Based on conversations with 
regulated entities who have been working to reduce emissions, the 
potential costs of controlling some emissions sources could be 
substantial.
    Risks: As part of this rulemaking, EPA has been updating 
information regarding EtO emissions and the specific emission points 
within the source category. Preliminary analyses suggest that fugitive 
emissions from commercial sterilizers may substantially contribute to 
health risks associated with exposure to EtO.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   12/12/19  84 FR 67889
NPRM................................   06/00/22  .......................
Final Rule..........................   10/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: None.
    Additional Information:
    Sectors Affected: 311423 Dried and Dehydrated Food Manufacturing; 
33911 Medical Equipment and Supplies Manufacturing; 561910 Packaging 
and Labeling Services; 325412 Pharmaceutical Preparation Manufacturing; 
311942 Spice and Extract Manufacturing.
    Agency Contact: Jonathan Witt, Environmental Protection Agency, 
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code E143-
05, Research Triangle Park, NC 27709, Phone: 919 541-5645, Email: 
[email protected].
    Steve Fruh, Environmental Protection Agency, Office of Air and 
Radiation, E143-01, 109 T.W. Alexander Drive, Research Triangle Park, 
NC 27711, Phone: 919 541-2837, Email: [email protected].
    RIN: 2060-AU37

EPA--OAR

145. Control of Air Pollution From New Motor Vehicles: Heavy-Duty 
Engine and Vehicle Standards

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 7414 et seq. Clean Air Act
    CFR Citation: 40 CFR 86.
    Legal Deadline: None.
    Abstract: Heavy-duty engines have been subject to emission 
standards for criteria pollutants, including particulate matter (PM), 
hydrocarbon (HC), carbon monoxide (CO), and oxides of nitrogen 
(NOX), for nearly half a century; however, current data 
suggest that the

[[Page 5152]]

existing standards do not ensure full, in-use emission control. In 
particular, in-use engine NOX emission levels from heavy-
duty vehicles can be significantly higher than their certified values 
under certain conditions. NOX emissions are major precursors 
of ozone and significant contributors to secondary PM2.5 
formation. Ozone and ambient PM2.5 concentrations continue 
to be a nationwide health and air quality issue. Reducing 
NOX emissions from on-highway, heavy-duty trucks and buses 
is an important component of improving air quality nationwide and 
reducing public health and welfare effects associated with these 
pollutants, especially for vulnerable populations and in highly 
impacted regions. This action will evaluate data on current 
NOX emissions from heavy-duty vehicles and engines, and 
options available to improve control of criteria pollutant emissions 
through revised emissions standards. Additionally, this action will 
contain targeted greenhouse gas (GHG) reductions and evaluate ways to 
streamline existing requirements. This rulemaking will address 
significant public health and environmental justice concerns caused by 
pollution from internal combustion engines while supporting early 
introduction of zero emission technologies.
    Statement of Need: This action follows petitions for a rulemaking 
on this issue from over 20 organizations including state and local air 
agencies from across the country.
    Summary of Legal Basis: CAA section 202(a).
    Alternatives: EPA may request comment to address alternative 
options in the proposed rule.
    Anticipated Cost and Benefits: Updating these standards will result 
in NOX reductions from mobile sources and could be one 
important way that allows areas across the U.S. to meet National 
Ambient Air Quality Standards for ozone and particulate matter. 
Updating the standards will also offer opportunities to reduce 
regulatory burden through smarter program design.
    Risks: EPA will evaluate the risks of this rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   01/21/20  85 FR 3306
NPRM................................   01/00/22  .......................
Final Rule..........................   12/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Additional Information:
    Sectors Affected: 11 Agriculture, Forestry, Fishing and Hunting; 
211112 Natural Gas Liquid Extraction; 324110 Petroleum Refineries; 
325110 Petrochemical Manufacturing; 325193 Ethyl Alcohol Manufacturing; 
325199 All Other Basic Organic Chemical Manufacturing; 333618 Other 
Engine Equipment Manufacturing; 335312 Motor and Generator 
Manufacturing; 336111 Automobile Manufacturing; 336112 Light Truck and 
Utility Vehicle Manufacturing; 336120 Heavy Duty Truck Manufacturing; 
336211 Motor Vehicle Body Manufacturing; 336213 Motor Home 
Manufacturing; 336311 Carburetor, Piston, Piston Ring, and Valve 
Manufacturing; 336312 Gasoline Engine and Engine Parts Manufacturing; 
336999 All Other Transportation Equipment Manufacturing; 423110 
Automobile and Other Motor Vehicle Merchant Wholesalers; 424690 Other 
Chemical and Allied Products Merchant Wholesalers; 424710 Petroleum 
Bulk Stations and Terminals; 486910 Pipeline Transportation of Refined 
Petroleum Products; 493130 Farm Product Warehousing and Storage; 811111 
General Automotive Repair; 811112 Automotive Exhaust System Repair; 
811198 All Other Automotive Repair and Maintenance.
    Agency Contact: Tuana Phillips, Environmental Protection Agency, 
Office of Air and Radiation, 1200 Pennsylvania NW, Washington, DC 
20460, Phone: 410 267-5704, Email: [email protected].
    Christy Parsons, Environmental Protection Agency, Office of Air and 
Radiation, USEPA National Vehicle and Fuel Emissions Laboratory, Ann 
Arbor, MI 48105, Phone: 734 214-4243, Email: [email protected].
    RIN: 2060-AU41

EPA--OAR

146. Amendments to the NSPS for GHG Emissions From New, Modified, 
Reconstructed Stationary Sources: EGUS

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 7411 Clean Air Act
    CFR Citation: 40 CFR 60 TTTT.
    Legal Deadline: None.
    Abstract: On October 23, 2015, the EPA finalized Standards of 
Performance for Greenhouse Gas Emissions From New, Modified, and 
Reconstructed Stationary Sources: Electric Generating Units, found at 
40 CFR part 60, subpart TTTT. On December 20, 2018, the EPA proposed to 
revise the standards of performance in 40 CFR part 60, subpart TTTT. 
The EPA proposed to amend the previous determination that the best 
system of emission reduction (BSER) for newly constructed coal-fired 
steam generating units (i.e., EGUs) is partial carbon capture and 
storage, and replace it with a determination that BSER for this source 
category is the most efficient demonstrated steam cycle (e.g., 
supercritical steam conditions for large units and subcritical steam 
conditions for small units) in combination with the best operating 
practices. The EPA is undertaking a comprehensive review of the NSPS 
for greenhouse gas emissions from EGUs, including a review of all 
aspects of the 2018 proposed amendments and requirements in the 2015 
Rule that the Agency did not propose to amend in the 2018 proposal.
    Statement of Need: New EGUs are a significant source of GHG 
emissions. This action will evaluate options to reduce those emissions.
    Summary of Legal Basis: Clean Air Act section 111(b) provides the 
legal framework for establishing greenhouse gas emission standards for 
new electric generating units.
    Alternatives: EPA evaluated several options for reducing GHG 
emissions from new EGUs
    Anticipated Cost and Benefits: Undetermined.
    Risks: Undetermined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/22  .......................
Final Rule..........................   06/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Additional Information:
    Agency Contact: Christian Fellner, Environmental Protection Agency, 
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243-
01, Research Triangle Park, NC 27711, Phone: 919 541-4003, Fax: 919 
541-4991, Email: [email protected].

[[Page 5153]]

    Nick Hutson, Environmental Protection Agency, Office of Air and 
Radiation, 109 T.W. Alexander Drive. Mail Code D243-01, Research 
Triangle Park, NC 27711, Phone: 919 541-2968, Fax: 919 541-4991, Email: 
[email protected].
    Related RIN: Related to 2060-AT56.
    RIN: 2060-AV09

EPA--OAR

147. Emission Guidelines for Greenhouse Gas Emissions From Fossil Fuel-
Fired Existing Electric Generating Units

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: 42 U.S.C. 7411 Clean Air Act
    CFR Citation: 40 CFR 60 UUUU.
    Legal Deadline: None.
    Abstract: On January 19, 2021, the D.C. Circuit Court issued an 
opinion vacating the Affordable Clean Energy Rule (found at 40 CFR part 
60, subpart UUUUa)--the previously applicable emission guidelines for 
greenhouse gas (GHG) emissions from existing electric generating units 
(i.e. EGUs). The EPA is working on a new set of emission guidelines for 
states to follow in submitting state plans to establish and implement 
standards of performance for greenhouse gas emissions from existing 
fossil fuel-fired EGUs.
    Statement of Need: There are no EPA regulations on the books for 
greenhouse gases from existing fossil-fuel fired electric generating 
units. Previous regulations of this nature have either been vacated or 
repealed prior to implementation.
    Summary of Legal Basis: Clean Air Act section 111(d) provides the 
legal framework for establishing greenhouse gas emission standards for 
existing electric generating units.
    Alternatives: There are no alternatives at this time.
    Anticipated Cost and Benefits: EPA is still evaluating the scope 
and associated costs, benefits and reductions with a prospective rule.
    Risks: EPA is still evaluating the scope and risks with a 
prospective rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/22  .......................
Final Rule..........................   07/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: Federal, State, Tribal.
    Federalism: Undetermined.
    Energy Effects: Statement of Energy Effects planned as required by 
Executive Order 13211.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Additional Information:
    Agency Contact: Nicholas Swanson, Environmental Protection Agency, 
Office of Air and Radiation, E143-03, Research Triangle Park, NC 27711, 
Phone: 919 541-4080, Email: [email protected].
    Nick Hutson, Environmental Protection Agency, Office of Air and 
Radiation, 109 T.W. Alexander Drive, Mail Code D243-01, Research 
Triangle Park, NC 27711, Phone: 919 541-2968, Fax: 919 541-4991, Email: 
[email protected].
    RIN: 2060-AV10

EPA--OAR

148. Renewable Fuel Standard (RFS) Program: RFS Annual Rules

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 42 U.S.C. 7414 et seq. Clean Air Act
    CFR Citation: 40 CFR 80.
    Legal Deadline: Final, Statutory, November 30, 2021, The Energy 
Independence and Security Act of 2007 (EISA 2007) requires the RFS 
volumes be finalized by November 30th of the year preceding the 
compliance year.
    Abstract: Under section 211 of the Clean Air Act, the Environmental 
Protection Agency (EPA) is required to set renewable fuel percentage 
standards every year. This action establishes the annual percentage 
standards for cellulosic biofuel, biomass-based diesel, advanced 
biofuel, and total renewable fuel that apply to gasoline and diesel 
transportation fuel.
    Statement of Need: The Clean Air Act requires EPA to promulgate 
regulations that specify the annual volume requirements for renewable 
fuels under the Renewable Fuel Standard (RFS) program. The RFS program 
was created under the Energy Independence and Security Act of 2007 to 
``move the United States toward greater energy independence and 
security, to increase the production of clean renewable fuels, to 
protect consumers, to increase the efficiency of products, buildings, 
and vehicles, to promote research on and deploy greenhouse gas capture 
and storage options, and to improve the energy performance of the 
Federal Government.''
    Summary of Legal Basis: CAA section 211(o).
    Alternatives: EPA is considering alternative volume standards in 
the development of the proposal, including a response to the D.C. 
Circuit remand of the rule establishing the RFS volumes for 2016. We 
intend to continue to consider alternatives as we develop the proposed 
rule.
    Anticipated Cost and Benefits: Anticipated costs will be developed 
for the proposed rule. Costs and benefits of this rulemaking account 
for the nature of the program and the nested structure of the volume 
requirements. An updated estimate of the costs, based on a number of 
illustrative assumptions, will be provided in the proposed rule.
    Risks: Environmental and resource impacts of the RFS program are 
primarily addressed under another section of the CAA (Section 204). EPA 
released an updated report to congress on June 29, 2018. More 
information on this report can be found at: https://cfpub.epa.gov/si/si_public_record_Report.cfm?dirEntryId=341491.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/21  .......................
Final Rule..........................   02/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: Federal.
    Additional Information:
    Sectors Affected: 325199 All Other Basic Organic Chemical 
Manufacturing; 325193 Ethyl Alcohol Manufacturing; 221210 Natural Gas 
Distribution; 111120 Oilseed (except Soybean) Farming; 424710 Petroleum 
Bulk Stations and Terminals; 324110 Petroleum Refineries; 424720 
Petroleum and Petroleum Products Merchant Wholesalers (except Bulk 
Stations and Terminals).
    Agency Contact: Dallas Burkholder, Environmental Protection Agency, 
Office of Air and Radiation, N26, 2565 Plymouth Road, Ann Arbor, MI 
48105, Phone: 734 214-4766, Email: [email protected].
    Nick Parsons, Environmental Protection Agency, Office of Air and 
Radiation, NVFEL, 2565 Plymouth Road, Ann Arbor, MI 48105, Phone: 734 
214-4479, Email: [email protected].
    Related RIN: Related to 2060-AU82.
    RIN: 2060-AV11


[[Page 5154]]



EPA--OAR

149. NESHAP: Coal- and Oil-Fired Electric Utility Steam Generating 
Units--Revocation of the 2020 Reconsideration, and Affirmation of the 
Appropriate and Necessary Supplemental Finding

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 7412 Clean Air Act; 42 U.S.C. 
7607(d)(7)(B)
    CFR Citation: 40 CFR 63.
    Legal Deadline: None.
    Abstract: On February 16, 2012, EPA promulgated National Emission 
Standards for Hazardous Air Pollutants for Coal- and Oil-fired Electric 
Utility Steam Generating Units (77 FR 9304). The rule (40 CFR part 63, 
subpart UUUUU), commonly referred to as the Mercury and Air Toxics 
Standards (MATS), includes standards to control hazardous air pollutant 
(HAP) emissions from new and existing coal- and oil-fired electric 
utility steam generating units (EGUs) located at both major and area 
sources of HAP emissions. There have been several regulatory actions 
regarding MATS since February 2012, including a May 22, 2020, action 
that completed a reconsideration of the appropriate and necessary 
finding for MATS and finalized the residual risk and technology review 
(RTR) conducted for the Coal- and Oil-Fired EGU source category 
regulated under MATS (85 FR 31286). The Biden Administration's 
Executive Order 13990, Protecting Public Health and the Environment and 
Restoring Science To Tackle the Climate Crisis, ``directs all executive 
departments and agencies (agencies) to immediately review and, as 
appropriate and consistent with applicable law, take action to address 
the promulgation of Federal regulations and other actions during the 
last 4 years that conflict with these important national objectives, 
and to immediately commence work to confront the climate crisis.'' 
Section 2(a)(iv) of the Executive Order specifically directs that the 
Administrator consider publishing, as appropriate and consistent with 
applicable law, a proposed rule suspending, revising, or rescinding the 
``National Emission Standards for Hazardous Air Pollutants: Coal- and 
Oil-Fired Electric Utility Steam Generating Units--Reconsideration of 
Supplemental Finding and Residual Risk and Technology Review,'' 85 FR 
31286 (May 22, 2020), As directed by Executive Order 13990, EPA will 
review the May 22, 2020 final action and, under this action, will take 
appropriate action resulting from its review of the May 2020 finding 
that it is not appropriate and necessary to regulate coal- and oil-
fired EGUs under Clean Air Act section 112. Results of EPA's review of 
the May 2020 RTR will be presented in a separate action (RIN 2060-
AV53).
    Statement of Need: As directed by Executive Order 13990, EPA has 
completed its review of the May 2020 finding that it is not appropriate 
and necessary to regulate coal- and oil-fired EGUs under Clean Air Act 
section 112. EPA will issue the results of the review in a notice of 
proposed rulemaking and will solicit comment on the resulting finding.
    Summary of Legal Basis: CAA section 112, 42 U.S.C. 7412, provides 
the legal framework and basis for regulatory actions addressing 
emissions of hazardous air pollutants from stationary sources.
    Alternatives: Two bases for the appropriate and necessary 
determination, one preferred and one alternative, are put forth in the 
proposed rulemaking.
    Anticipated Cost and Benefits: There are no anticipated costs or 
benefits because there are no regulatory amendments or impacts 
associated with review of the appropriate and necessary finding.
    Risks: There are no anticipated risks because there are no 
regulatory amendments or impacts associated with review of the 
appropriate and necessary finding.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/21  .......................
Final Rule..........................   09/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: None.
    Additional Information: EPA-HQ-OAR-2018-0794.
    Sectors Affected: 921150 American Indian and Alaska Native Tribal 
Governments; 221122 Electric Power Distribution; 221112 Fossil Fuel 
Electric Power Generation.
    URL For More Information: ttps://www.epa.gov/mats/regulatory-actions-final-mercury-and-air-toxics-standards-mats-power-plants.
    Agency Contact: Nick Hutson, Environmental Protection Agency, 
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243-
01, Research Triangle Park, NC 27711, Phone: 919 541-2968, Fax: 919 
541-4991, Email: [email protected].
    Melanie King, Environmental Protection Agency, Office of Air and 
Radiation, 109 T.W. Alexander Drive, Mail Code D243-01, Research 
Triangle Park, NC 27711, Phone: 919 541-2469, Email: 
[email protected].
    Related RIN: Related to 2060-AT99.
    RIN: 2060-AV12

EPA--OAR

150. Standards of Performance for New, Reconstructed, and Modified 
Sources and Emissions Guidelines for Existing Sources: Oil and Natural 
Gas Sector Climate Review

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 42 U.S.C. 7411
    CFR Citation: 40 CFR 60; 40 CFR 60 subpart OOOOa.
    Legal Deadline: None.
    Abstract: On January 20, 2021, President Joe Biden issued an 
Executive Order titled ``Protecting Public Health and the Environment 
and Restoring Science to Tackle the Climate Crisis,'' which directs the 
EPA to take certain actions by September 2021 to reduce methane and 
volatile organic compound (VOC) emissions in the oil and natural gas 
sector. Specifically, the Executive Order directs the EPA to review the 
new source performance standards (NSPS) issued in 2020 for the oil and 
gas sector and, as appropriate and consistent with applicable law, 
consider publishing for notice and comment a proposed rule suspending, 
revising, or rescinding the NSPS. The Executive Order further directs 
the EPA to consider proposing (1) new regulations to establish 
comprehensive NSPS for methane and VOC emissions and (2) new 
regulations to establish emission guidelines for methane emissions from 
existing operations in the oil and gas sector, including from the 
exploration and production, transmission, processing, and storage 
segments. The purpose of this action is to review the existing NSPS and 
propose new standards as necessary to meet the directives set forth in 
the Executive Order, as well as to propose new emission guidelines for 
existing sources in the oil and gas sector.
    Statement of Need: Executive Order 13990, ``Protecting Public 
Health and the Environment and Restoring Science to Tackle the Climate 
Crisis''. The Executive Order directs the EPA to consider proposing, by 
September 2021, a rulemaking to reduce methane emissions in the Oil and 
Natural Gas source category by suspending, revising, or rescinding 
previously issued new source performance standards. It also instructs 
the EPA to consider proposing new regulations to establish 
comprehensive standards of performance and emission guidelines for 
methane and volatile organic

[[Page 5155]]

compound (VOC) emissions from existing operations in the oil and 
natural gas sector, including the exploration and production, 
processing, transmission and storage segments.
    Summary of Legal Basis: Clean Air Act section 111(b) provides the 
legal framework for establishing greenhouse gas emission standards (in 
the form of limitations on methane) and volatile organic compounds for 
new oil and natural gas sources. Clean Air Act section 111(d) provides 
the legal framework for establishing greenhouse gas emission standards 
(in the form of limitations on methane) for existing oil and natural 
gas sources.
    Alternatives: The EPA has evaluated several options for new and 
existing sources and will propose and solicit comment on those options.
    Anticipated Cost and Benefits: EPA is still evaluating the scope 
and associated costs, benefits and reductions associated with the 
forthcoming proposed rules.
    Risks: EPA is still evaluating the scope and risks associated with 
the forthcoming proposed rules.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/15/21  86 FR 63110
NPRM Comment Period End.............   01/14/22  .......................
Final Rule..........................   10/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses.
    Government Levels Affected: Undetermined.
    Energy Effects: Statement of Energy Effects planned as required by 
Executive Order 13211.
    Additional Information:
    Agency Contact: Karen Marsh, Environmental Protection Agency, 
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code E143-
01, Research Triangle Park, NC 27711, Phone: 919 541-1065, Email: 
[email protected].
    Steve Fruh, Environmental Protection Agency, Office of Air and 
Radiation, 109 T.W. Alexander Drive, Mail Code E143-01, Research 
Triangle Park, NC 27711, Phone: 919 541-2837, Email: 
[email protected].
    RIN: 2060-AV16

EPA--OAR

151. Review of Final Rule Reclassification of Major Sources as Area 
Sources Under Section 112 of the Clean Air Act

    Priority: Other Significant.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 7401 et seq.
    CFR Citation: 40 CFR 63.1.
    Legal Deadline: None.
    Abstract: The final rule, Reclassification of Major Sources as Area 
Sources Under section 112 of the Clean Air Act (Major MACT to Area- 
MM2A final rule), was promulgated on November 19, 2020. (See 85 FR 
73854) The MM2A final rule became effective on January 19, 2021. On 
January 20, 2021, President Biden issued Executive Order 13990 
Protecting Public Health and the Environment and Restoring Science to 
Tackle the Climate Crisis. The EPA has identified the MM2A final rule 
as an action being considered pursuant section (2)(a) of Executive 
Order 13990. Under this review, EPA, as appropriate and consistent with 
the Clean Air Act section 112, will publish for comment a notice of 
proposed rulemaking either suspending, revising, or rescinding the MM2A 
final rule.
    Statement of Need: The EPA will issue a notice of proposed 
rulemaking of EPA's review of the final rule Reclassification of Major 
Sources as Area Sources Under section 112 of the Clean Air Act (Major 
MACT to Area- MM2A final rule) pursuant Executive Order 13990. Pursuant 
section (2)(a) of Executive Order 13990 Protecting Public Health and 
the Environment and Restoring Science to Tackle the Climate Crisis, the 
EPA is to review the MM2A final rule and as appropriate and consistent 
with the Clean Air Act section 112, to publish for comment a notice of 
proposed rulemaking either suspending, revising, or rescinding the MM2A 
final rule.
    Summary of Legal Basis: The EPA issued a final rulemaking on 
November 19, 2020. The final MM2A rule provides that a major source can 
be reclassified to area source status at any time upon reducing its 
potential to emit (PTE) hazardous air pollutants (HAP) to below the 
major source thresholds (MST) of 10 tons per year (tpy) of any single 
HAP and 25 tpy of any combination of HAP. Pursuant section (2)(a) of 
Executive Order 13990 Protecting Public Health and the Environment and 
Restoring Science to Tackle the Climate Crisis, the EPA is to review 
the MM2A final rule and as appropriate and consistent with the Clean 
Air Act section 112, to publish for comment a notice of proposed 
rulemaking either suspending, revising, or rescinding the MM2A final 
rule.
    Alternatives: EPA will take comments on the review of the final 
MM2A and EPA's proposed rulemaking either suspending, revising, or 
rescinding the MM2A final rule.
    Anticipated Cost and Benefits: The anticipated costs and benefits 
of this action are to be determined.
    Risks: The risks of this action are to be determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/22  .......................
Final Rule..........................   06/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, Local, State, Tribal.
    Federalism: Undetermined.
    Additional Information:
    Agency Contact: Elineth Torres, Environmental Protection Agency, 
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D205-
02, Research Triangle Park, NC 27709, Phone: 919 541-4347, Email: 
torres.eline[email protected].
    Jodi Howard, Environmental Protection Agency, Office of Air and 
Radiation, E143-01, Research Triangle Park, NC 27711, Phone: 919 541-
4991, Fax: 919 541-0246, Email: [email protected].
    Related RIN: Related to 2060-AM75.
    RIN: 2060-AV20

EPA--OAR

152.  Restrictions on Certain Uses of Hydrofluorocarbons Under 
Subsection (i) of the American Innovation and Manufacturing Act

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 7401 et seq.
    CFR Citation: 40 CFR 610.
    Legal Deadline: None.
    Abstract: EPA is considering a rule that will in part respond to 
petitions granted under subsection (i) of the American Innovation and 
Manufacturing (AIM) Act of 2020, enacted on December 27, 2020. 
Specifically, EPA is considering a rule restricting, fully, partially, 
or on a graduated schedule, the use of HFCs in sectors or subsectors 
including the refrigeration, air conditioning, aerosol, and foam 
sectors, and establishing recordkeeping and reporting requirements, and 
addressing other related elements of the AIM Act.
    Statement of Need: This rule is required to meet the statutory 
provisions of subsection (i) of the American Innovation and 
Manufacturing (AIM) Act of 2020.
    Summary of Legal Basis: The American Innovation and

[[Page 5156]]

Manufacturing (AIM) Act, enacted on December 27, 2020, provides EPA new 
authorities to address hydrofluorocarbons (HFCs) in three main areas: 
Phasing down the production and consumption of listed HFCs, maximizing 
reclamation and minimizing releases of these HFCs and their substitutes 
in equipment (e.g., refrigerators and air conditioners), and 
facilitating the transition to next-generation technologies by 
restricting the use of HFCs in particular sectors or subsectors. 
Subsection (i) of the AIM Act provides that a person may petition EPA 
to promulgate a rule for the restriction on use of a regulated 
substance in a sector or subsector. The statute requires EPA to grant 
or deny a petition under not later than 180 days after the date of 
receipt of the petition. If EPA grants a petition under subsection (i), 
then the statute requires EPA to promulgate a final rule not later than 
two years after the date on which the EPA grants the petition. In 
carrying out a rulemaking or making a determination to grant or deny a 
petition, the statute requires EPA, to the extent practicable, to take 
into account specified factors.
    Alternatives: The alternatives for establishing a subsection (i) 
rule are whether to restrict, fully, partially, or on a graduated 
schedule, the use of HFCs in sectors or subsectors.
    Anticipated Cost and Benefits: The Agency will prepare a Regulatory 
Impact Analysis (RIA) to provide the public with estimated potential 
costs and benefits of this action.
    Risks: EPA is still evaluating the scope and risks associated with 
a prospective rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/22
Final Rule..........................   04/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Additional Information:
    Agency Contact: Joshua Shodeinde, Environmental Protection Agency, 
Office of Air and Radiation, 1200 Pennsylvania Avenue NW, Washington, 
DC 20460, Phone: 202 564-7037, Email: [email protected].
    RIN: 2060-AV46

EPA--OAR

153.  Review of the National Ambient Air Quality Standards for 
Particulate Matter

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: 42 U.S.C. 7414 et seq. Clean Air Act
    CFR Citation: 40 CFR 50.
    Legal Deadline: None.
    Abstract: Under the Clean Air Act Amendments of 1977, EPA is 
required to review and if appropriate revise the air quality criteria 
for the primary (health-based) and secondary (welfare-based) national 
ambient air quality standards (NAAQS) every 5 years. On December 18, 
2020, the EPA published a final decision retaining the NAAQS for 
particulate matter (PM), which was the subject of several petitions for 
reconsideration as well as petitions for judicial review. As directed 
in Executive Order 13990, ``Protecting Public Health and the 
Environment and Restoring Science to Tackle the Climate Crisis,'' 
signed by President Biden on January 20, 2021, EPA is undertaking a 
review of the decision to retain the PM NAAQS. Based on that review, 
EPA is undertaking a rulemaking to reconsider the December 18, 2020 
decision because the available scientific evidence and technical 
information indicate that the current standards may not be adequate to 
protect public health and welfare, as required by the Clean Air Act. As 
part of this reconsideration, EPA intends to develop an updated 
Integrated Science Assessment (ISA) and revised policy assessment to 
take into account the most up-to-date science on public health impacts 
of PM, and to engage with the Clean Air Scientific Advisory Committee 
(CASAC) and a newly constituted expert PM panel.
    Statement of Need: Under the Clean Air Act Amendments of 1977, EPA 
is required to review and if appropriate revise the air quality 
criteria and national ambient air quality standards (NAAQS) every 5 
years. On December 18, 2020, EPA published a final rule retaining the 
NAAQS for particulate matter, without revision. On June 10, 2021, EPA 
announced that it is reconsidering the December 2020 decision on the 
air quality standards for PM.
    Summary of Legal Basis: Under the Clean Air Act Amendments of 1977, 
EPA is required to review and if appropriate revise the air quality 
criteria and the primary (health-based) and secondary (welfare-based) 
national ambient air quality standards (NAAQS) every 5 years.
    Alternatives: The main alternative for the Administrator's decision 
on the review of the national ambient air quality standards for 
particulate matter is whether to retain or revise the existing 
standards.
    Anticipated Cost and Benefits: The Clean Air Act makes clear that 
the economic and technical feasibility of attaining standards are not 
to be considered in setting or revising the NAAQS, although such 
factors may be considered in the development of state plans to 
implement the standards. Accordingly, when the Agency proposes 
revisions to the standards, the Agency prepares a Regulatory Impact 
Analysis (RIA) to provide the public with illustrative estimates of the 
potential costs and health and welfare benefits of attaining the 
revised standards.
    Risks: The reconsideration will build on the review completed in 
2020, which included the preparation by EPA of an Integrated Review 
Plan, an Integrated Science Assessment, and also a Policy Assessment, 
which includes a risk/exposure assessment, with opportunities for 
review by the EPA's Clean Air Scientific Advisory Committee (CASAC) and 
the public. These documents informed the Administrator's final decision 
to retain the PM standards in 2020. As a part of the reconsideration, 
EPA will prepare an updated Policy Assessment and a Supplement to the 
Integrated Science Assessment, which will be reviewed at a public 
meeting by the CASAC. These documents will inform the Administrator's 
proposed decisions on whether to revise the PM NAAQS, and will take 
into consideration these documents, CASAC advice, and public comment on 
the proposed decision.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/00/22
Final Rule..........................   03/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Federalism: Undetermined.
    Additional Information:
    Agency Contact: Karen Wesson, Environmental Protection Agency, 
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code C504-
06, Research Triangle Park, NC 27711, Phone: 919 541-3515, Email: 
[email protected].
    Nicole Hagan, Environmental Protection Agency, Office of Air and 
Radiation, 109 T.W. Alexander Drive, Mail Code C504-06, Research 
Triangle Park, NC 27709, Phone: 919 541-3153, Email: 
[email protected].

[[Page 5157]]

    RIN: 2060-AV52

EPA--OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION (OCSPP)

Proposed Rule Stage

154. Pesticides; Modification to the Minimum Risk Pesticide Listing 
Program and Other Exemptions Under FIFRA Section 25(b)

    Priority: Other Significant.
    Legal Authority: 7 U.S.C. 136(w) Federal Insecticide Fungicide and 
Rodenticide Act
    CFR Citation: 40 CFR 152.
    Legal Deadline: None.
    Abstract: Under section 25(b) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), EPA has determined that certain 
``minimum risk pesticides'' pose little to no risk to human health or 
the environment, and has exempted them from registration and other 
requirements under FIFRA. In 1996, EPA created a regulatory list of 
minimum risk active and inert ingredients in 40 CFR 152.25. Such an 
exemption reduces the cost and regulatory burdens on businesses and the 
public for those pesticides deemed to pose little or no risk, and 
allows EPA to focus our resources on pesticides that pose greater risk 
to humans and the environment. In April 2021, EPA issued an advance 
notice of proposed rulemaking (ANPRM) soliciting public comments and 
suggestions about the petition process for exemptions regarding 
pesticides from registration and other requirements under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), where the 
pesticides are determined to be of a character unnecessary to be 
subject to regulation under FIFRA. The Agency is considering 
streamlining the petition process and revisions to how the Agency 
evaluates the potential minimum risk active and inert substances, 
factors used in classes of exemptions, state implementation of the 
minimum risk program and the need for any future exemptions or 
modifications to current exemptions. EPA is also sought comment on 
whether the Agency should consider amending existing exemptions or 
adding new classes of pesticidal substances for exemption, such as peat 
when used in septic filtration systems. EPA is currently considering 
the public input received and development of a proposed rule.
    Statement of Need: This rulemaking effort is intended to reduce 
regulatory burdens and focus EPA resources on pesticide products that 
have risks to public health or the environment by streamlining the 
petition process used to seek such exemptions; revising how the Agency 
evaluates the potential minimum risk active and inert substances, 
factors used in classes of exemptions and state implementation of the 
minimum risk program; and considering the need for any future 
exemptions or modifications to current exemptions.
    Summary of Legal Basis: Exemptions to the requirements of FIFRA are 
issued under the authority of FIFRA section 25(b). Eligible products 
may be exempt from, among other things, registration requirements under 
FIFRA section 3.
    Alternatives: In considering a streamlined petition process and 
other improvements, EPA intends to identify and evaluate available 
alternatives that facilitate the effective and efficient identification 
of pesticides products that could be exempt from registration and other 
requirements under FIFRA.
    Anticipated Cost and Benefits: EPA intends to consider the costs 
and benefits of proposed improvements during the development of the 
proposed rule.
    Risks: This procedural rule is not intended to address identified 
risks, and, by definition, will only involve pesticides products 
identified as having minimal risk.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   04/08/21  86 FR 18232
NPRM................................   08/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Additional Information:
    Sectors Affected: 624410 Child Day Care Services; 424210 Drugs and 
Druggists' Sundries Merchant Wholesalers; 561710 Exterminating and Pest 
Control Services; 424910 Farm Supplies Merchant Wholesalers; 561730 
Landscaping Services; 423120 Motor Vehicle Supplies and New Parts 
Merchant Wholesalers; 444220 Nursery, Garden Center, and Farm Supply 
Stores; 311119 Other Animal Food Manufacturing; 444210 Outdoor Power 
Equipment Stores; 325320 Pesticide and Other Agricultural Chemical 
Manufacturing; 926150 Regulation, Licensing, and Inspection of 
Miscellaneous Commercial Sectors; 562991 Septic Tank and Related 
Services; 221320 Sewage Treatment Facilities; 238910 Site Preparation 
Contractors; 325611 Soap and Other Detergent Manufacturing; 611620 
Sports and Recreation Instruction; 445110 Supermarkets and Other 
Grocery (except Convenience) Stores.
    URL For More Information: https://www.epa.gov/minimum-risk-pesticides.
    Agency Contact: Sara Kemme, Environmental Protection Agency, Office 
of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue 
NW, Mail Code 7101M, Washington, DC 20460, Phone: 202 566-1217, Email: 
[email protected].
    Cameo Smoot, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 
7101M, Washington, DC 20460, Phone: 202 566-1207, Email: 
[email protected].
    RIN: 2070-AK55

EPA--OCSPP

155. Cyclic Aliphatic Bromide Cluster (HBCD); Rulemaking Under TSCA 
Section 6(a)

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
    CFR Citation: 40 CFR 751.
    Legal Deadline: NPRM, Statutory, September 15, 2021, TSCA section 
6(c).
    Final, Statutory, September 15, 2022, TSCA section 6(c).
    Abstract: Section 6 of the Toxic Substances Control Act (TSCA) 
requires EPA to address unreasonable risks of injury to health or the 
environment that the Administrator has determined are presented by a 
chemical substance under the conditions of use. Following a risk 
evaluation for cyclic aliphatic bromide cluster (HBCD) carried out 
under the authority of the TSCA section 6, EPA initiated rulemaking to 
address unreasonable risks of injury to health and the environment 
identified in the final risk evaluation. EPA's risk evaluation for 
HBCD, describing the conditions of use and presenting EPA's 
determinations of unreasonable risk, is in docket EPA-HQ-OPPT-2019-
0237, with additional information in docket EPA-HQ-OPPT-2016-0735.
    Statement of Need: This rulemaking is needed to address the 
unreasonable risk of the Cyclic Aliphatic Bromide Cluster (or, 
``HBCD'') identified in a risk evaluation completed under TSCA section 
6(b). EPA reviewed the exposures and hazards of HBCD uses, the 
magnitude of risk, exposed populations, severity of the hazard, 
uncertainties, and other factors. EPA

[[Page 5158]]

sought input from the public and peer reviewers as required by TSCA and 
associated regulations.
    Summary of Legal Basis: In accordance with TSCA section 6(a), if 
EPA determines in a final risk evaluation completed under TSCA 6(b) 
that the manufacture, processing, distribution in commerce, use, or 
disposal of a chemical substance or mixture, or that any combination of 
such activities, presents an unreasonable risk of injury to health or 
the environment, the Agency must issue regulations requiring one or 
more of the following actions to the extent necessary so that the 
chemical substance no longer presents an unreasonable risk: (1) 
Prohibit or otherwise restrict manufacture, processing, or distribution 
in commerce; (2) Prohibit or otherwise restrict for a particular use or 
above a set concentration; (3) Require minimum warnings and 
instructions with respect to use, distribution in commerce, or 
disposal; (4) Require recordkeeping or testing; (5) Prohibit or 
regulate any manner or method of commercial use; (6) Prohibit or 
regulate any manner or method of disposal; and/or (7) Direct 
manufacturers or processors to give notice of the unreasonable risk to 
distributors and replace or repurchase products if required.
    Alternatives: There are no non-regulatory alternatives to this 
rulemaking. TSCA section 6(a) requires EPA to address by rule chemical 
substances that the Agency determines present unreasonable risk upon 
completion of a final risk evaluation. As required under TSCA section 
6(c), EPA will consider one or more primary alternative regulatory 
actions as part of the development of a proposed rule.
    Anticipated Cost and Benefits: EPA will prepare a regulatory impact 
analysis as the Agency develops the proposed rule.
    Risks: As EPA determined in the TSCA section 6(b) risk evaluation, 
HBCD presents unreasonable risks to human health and the environment. 
EPA must issue regulations so that this chemical substance no longer 
presents an unreasonable risk. For more information, visit: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-existing-chemicals-under-tsca.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/22
Final Rule..........................   04/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    Additional Information: EPA-HQ-OPPT-2020-0548.
    URL For More Information: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-cyclic-aliphatic-bromide-cluster-hbcd.
    Agency Contact: Sue Slotnick, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania 
Avenue NW, Mail Code 7404T, Washington, DC 20460, Phone: 202 566-1973, 
Email: [email protected].
    Erik Winchester, Environmental Protection Agency, Office of 
Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, 
Mail Code 7404T, Washington, DC 20460, Phone: 202 564-6450, Email: 
[email protected].
    RIN: 2070-AK71

EPA--OCSPP

156. Asbestos (Part 1: Chrysotile Asbestos); Rulemaking Under TSCA 
Section 6(a)

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
    CFR Citation: 40 CFR 751.
    Legal Deadline: NPRM, Statutory, December 28, 2021, TSCA sec. 6(c).
    Final, Statutory, December 28, 2022, TSCA sec. 6(c).
    Abstract: Section 6 of the Toxic Substances Control Act (TSCA) 
requires EPA to address unreasonable risks of injury to health or the 
environment that the Administrator has determined are presented by a 
chemical substance under the conditions of use. Following a risk 
evaluation for chrysotile asbestos carried out under the authority of 
TSCA section 6, EPA initiated rulemaking to address unreasonable risks 
of injury to health identified in the final risk evaluation. EPA's risk 
evaluation for chrysotile asbestos, describing the conditions of use 
and presenting EPA's determinations of unreasonable risk, is in docket 
EPA-HQ-OPPT-2019-0501, with additional information in docket EPA-HQ-
OPPT-2016-0736.
    Statement of Need: This rulemaking is needed to address the 
unreasonable risks of chrysotile asbestos that were identified in a 
risk evaluation completed under TSCA section 6(b). EPA reviewed the 
exposures and hazards of chrysotile asbestos, the magnitude of risk, 
exposed populations, severity of the hazard, uncertainties, and other 
factors. EPA sought input from the public and peer reviewers as 
required by TSCA and associated regulations.
    Summary of Legal Basis: In accordance with TSCA section 6(a), if 
EPA determines in a final risk evaluation completed under TSCA section 
6(b) that the manufacture, processing, distribution in commerce, use, 
or disposal of a chemical substance or mixture, or that any combination 
of such activities, presents an unreasonable risk of injury to health 
or the environment, the Agency must issue regulations requiring one or 
more of the following actions to the extent necessary so that the 
chemical substance no longer presents an unreasonable risk: (1) 
Prohibit or otherwise restrict manufacture, processing, or distribution 
in commerce; (2) Prohibit or otherwise restrict for a particular use or 
above a set concentration; (3) Require minimum warnings and 
instructions with respect to use, distribution in commerce, or 
disposal; (4) Require recordkeeping or testing; (5) Prohibit or 
regulate any manner or method of commercial use; (6) Prohibit or 
regulate any manner or method of disposal; and/or (7) Direct 
manufacturers or processors to give notice of the unreasonable risk to 
distributors and replace or repurchase products if required.
    Alternatives: There are no non-regulatory alternatives to this 
rulemaking. TSCA section 6(a) requires EPA to address by rule chemical 
substances that the Agency determines present unreasonable risk upon 
completion of a final risk evaluation. As required under TSCA section 
6(c), EPA will consider one or more primary alternative regulatory 
actions as part of the development of a proposed rule.
    Anticipated Cost and Benefits: EPA will prepare a regulatory impact 
analysis as the Agency develops the proposed rule.
    Risks: As EPA determined in the TSCA section 6(b) risk evaluation, 
chrysotile asbestos present unreasonable risks to human health. EPA 
must issue regulations so that this chemical substance no longer 
presents an unreasonable risk. For more information, visit: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-existing-chemicals-under-tsca.
    Timetable:

[[Page 5159]]



------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/22
Final Rule..........................   11/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, Local, State, Tribal.
    Federalism: This action may have federalism implications as defined 
in E.O. 13132.
    International Impacts: This regulatory action will be likely to 
have international trade and investment effects, or otherwise be of 
international interest.
    Additional Information:
    URL For More Information: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-asbestos-part-1-chrysotile-asbestos.
    Agency Contact: Robert Courtnage, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania 
Avenue NW, Mail Code 7404T, Washington, DC 20460, Phone: 202 566-1081, 
Email: [email protected].
    RIN: 2070-AK86

EPA--OFFICE OF LAND AND EMERGENCY MANAGEMENT (OLEM)

Proposed Rule Stage

157. Designating PFOA and PFOS as CERCLA Hazardous Substances

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 9602
    CFR Citation: 40 CFR 302.
    Legal Deadline: None.
    Abstract: On February 14, 2019, the Environmental Protection Agency 
(EPA) issued a PFAS Action Plan, which responded to extensive public 
interest and input the agency had received and represented the first 
time EPA has built a multi-media, multi-program, national communication 
and research plan to address an emerging environmental challenge like 
PFAS. This Plan was updated on February 26, 2020. EPA's Action Plan 
identified both short-term solutions for addressing these chemicals and 
long-term strategies that may provide the tools and technologies 
states, tribes, and local communities requested to provide clean and 
safe drinking water to their residents and to address PFAS at the 
source before it gets into the water. The designation of PFOA and PFOS 
as CERCLA hazardous substances was one of several actions mentioned in 
the PFAS Action Plan. EPA is undertaking a rulemaking effort to 
designate PFOA and PFOS as CERCLA hazardous substances. Designating 
PFOA and PFOS as CERCLA hazardous substances will require reporting of 
releases of PFOA and PFOS that meet or exceed the reportable quantity 
assigned to these substances. This will enable Federal, State Tribal, 
and local authorities to collect information regarding the location and 
extent of releases.
    Statement of Need: Designating PFOA and PFOS as CERCLA hazardous 
substances will require reporting of releases of PFOA and PFOS that 
meet or exceed the reportable quantity assigned to these substances. 
This will enable Federal, State, Tribal and local authorities to 
collect information regarding the location and extent of releases.
    Summary of Legal Basis: No aspect of this action is required by 
statute or court order.
    Alternatives: The Agency identified through the 2019 PFAS Action 
Plan that one of the goals was to designate PFOA and PFOS as hazardous 
substances. EPA determined that we have enough information to propose 
this designation.
    Anticipated Cost and Benefits: The EPA is analyzing the potential 
costs and benefits associated with this action with respect to the 
reporting of any release of the subject hazardous substances to the 
Federal, State, and local authorities. Currently EPA expects to 
estimate lower and upper-bound reporting cost scenarios.
    Risks: This is a reporting rule and will enable Federal, State, 
Tribal and local authorities to collect information regarding the 
location and extent of releases.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/22
                                     -----------------------------------
Final Rule..........................           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations.
    Government Levels Affected: Federal, Local, State, Tribal.
    Additional Information:
    Sectors Affected: 325998 All Other Miscellaneous Chemical Product 
and Preparation Manufacturing; 811192 Car Washes; 314110 Carpet and Rug 
Mills; 332813 Electroplating, Plating, Polishing, Anodizing, and 
Coloring; 922160 Fire Protection; 488119 Other Airport Operations; 
325510 Paint and Coating Manufacturing; 322121 Paper (except Newsprint) 
Mills; 322130 Paperboard Mills; 424710 Petroleum Bulk Stations and 
Terminals; 324110 Petroleum Refineries; 325992 Photographic Film, 
Paper, Plate, and Chemical Manufacturing; 562212 Solid Waste Landfill.
    Agency Contact: Michelle Schutz, Environmental Protection Agency, 
Office of Land and Emergency Management, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460, Phone: 703 603-8708, Email: 
[email protected].
    RIN: 2050-AH09

EPA--OLEM

158. Hazardous and Solid Waste Management System: Disposal of Coal 
Combustion Residuals From Electric Utilities; Legacy Surface 
Impoundments

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 6906; 42 U.S.C. 6907; 42 U.S.C. 6912(a); 
42 U.S.C. 6944; 42 U.S.C. 6945(c)
    CFR Citation: 40 CFR 257.
    Legal Deadline: None.
    Abstract: On April 17, 2015, the Environmental Protection Agency 
(EPA or the Agency) promulgated national minimum criteria for existing 
and new coal combustion residuals (CCR) landfills and existing and new 
CCR surface impoundments. On August 21, 2018 the D.C. Circuit Court of 
Appeals issued its opinion in the case of Utility Solid Waste 
Activities Group, et al v. EPA, which vacated and remanded the 
provision that exempted inactive impoundments at inactive facilities 
from the CCR rule. The EPA is developing regulations to implement this 
part of the court decision for inactive CCR surface impoundments at 
inactive utilities, or ``legacy units''. This proposal may include 
adding a new definition for legacy CCR surface impoundments. The EPA 
may also propose to require such legacy CCR surface impoundments to 
follow existing regulatory requirements for fugitive dust, groundwater 
monitoring, and closure, or other technical requirements.
    Statement of Need: On April 17, 2015, the EPA finalized national 
regulations to regulate the disposal of Coal Combustion Residuals (CCR) 
as solid waste under subtitle D of the Resource Conservation and 
Recovery Act (RCRA) (2015 CCR final rule). In response to the Utility 
Solid Waste Activities Group v. EPA decision, this proposed rulemaking, 
if finalized, would bring inactive surface impoundments at inactive 
facilities (legacy surface impoundments) into the regulated universe.

[[Page 5160]]

    Summary of Legal Basis: No statutory or judicial deadlines apply to 
this rule. The EPA is taking this action in response to an August 21, 
2018 court decision that vacated and remanded the provision that 
exempted inactive impoundments at inactive electric utilities from the 
2015 CCR final rule. The proposed rule would be established under the 
authority of the Solid Waste Disposal Act of 1970, as amended by the 
Resource Conservation and Recovery Act of 1976 (RCRA), as amended by 
the Hazardous and Solid Waste Amendments of 1984 (HWSA) and the Water 
Infrastructure Improvements for the Nation Act of 2016.
    Alternatives: The Agency issued an advance notice of proposed 
rulemaking (ANPRM) on October 14, 2020 (85 FR 65015), which included 
public notice and opportunity for comment on this effort. We have not 
identified at this time any significant alternatives for analysis.
    Anticipated Cost and Benefits: The Agency will determine 
anticipated costs and benefits later as it is currently too early in 
the process.
    Risks: The Agency will estimate the risk reductions and impacts 
later as it is currently too early in the process.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   10/14/20  85 FR 65015
NPRM................................   09/00/22
Final Rule..........................   09/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, State.
    Additional Information: Docket #: EPA-HQ-OLEM-2020-0107.
    Sectors Affected: 221112 Fossil Fuel Electric Power Generation.
    URL For More Information: https://www.epa.gov/coalash.
    URL For Public Comments: https://www.regulations.gov/docket/EPA-HQ-OLEM-2020-0107.
    Agency Contact: Frank Behan, Environmental Protection Agency, 
Office of Land and Emergency Management, Mail Code 5304T, 1200 
Pennsylvania Avenue NW, Washington, DC 20460, Phone: 202 566-1730, 
Email: [email protected].
    Michelle Lloyd, Environmental Protection Agency, Office of Land and 
Emergency Management, Mail Code 5304T, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460, Phone: 202 566-0560, Email: 
[email protected].
    RIN: 2050-AH14

EPA--OLEM

159. Accidental Release Prevention Requirements: Risk Management 
Program Under the Clean Air Act; Retrospection

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 7412 Clean Air Act
    CFR Citation: 40 CFR 68.
    Legal Deadline: None.
    Abstract: The Environmental Protection Agency (EPA) is considering 
revising the Risk Management Program (RMP) regulations, which implement 
the requirements of section 112(r)(7) of the 1990 Clean Air Act 
amendments. The RMP requires facilities that use listed extremely 
hazardous substances above specified threshold quantities to develop a 
Risk Management Plan. The EPA is reviewing the RMP rule in accordance 
with Executive Order 13990: Protecting Public Health and the 
Environment and Restoring Science To Tackle the Climate Crisis, which 
directs federal agencies to review existing regulations and take action 
to address the Administration's priorities, including bolstering 
resilience to the impacts of climate change and prioritizing 
environmental justice.
    Statement of Need: On January 13, 2017, the EPA published a final 
RMP rule (2017 Amendments) to prevent and mitigate the effect of 
accidental releases of hazardous chemicals from facilities that use, 
manufacture, and store them. The 2017 Amendments were a result of 
Executive Order 13650, Improving Chemical Facility Safety and Security, 
which directed EPA (and several other federal agencies) to, among other 
things, modernize policies, regulations, and standards to enhance 
safety and security in chemical facilities. The 2017 Amendments rule 
contained various new provisions applicable to RMP-regulated facilities 
addressing prevention program elements, emergency coordination with 
local responders, and information availability to the public. EPA 
received three petitions for reconsideration of the 2017 Amendments 
rule under CAA section 307(d)(7)(B). On December 19, 2019, EPA 
promulgated a final RMP rule (2019 Revisions) that acts on the 
reconsideration. The 2019 Revisions rule repealed several major 
provisions of the 2017 Amendments and retained other provisions with 
modifications.
    On January 20, 2021, Executive Order 13990, Protecting Public 
Health and the Environment and Restoring Science To Tackle the Climate 
Crisis (E.O. 13990), directed federal agencies to review existing 
regulations and take action to address priorities established by the 
new administration including bolstering resilience to the impact of 
climate change and prioritizing environmental justice. The EPA is 
considering developing a regulatory action to revise the current RMP 
regulations. The proposed rule would address the administration's 
priorities and focus on regulatory revisions completed since 2017. The 
proposed rule would also expect to contain a number of proposed 
modifications to the RMP regulations based in part on stakeholder 
feedback received from RMP public listening sessions held on June 16 
and July 8, 2021.
    Summary of Legal Basis: The CAA section 112(r)(7)(A) authorizes the 
EPA Administrator to promulgate accidental release prevention, 
detection, and correction requirements, which may include monitoring, 
record keeping, reporting, training, vapor recovery, secondary 
containment, and other design, equipment, work practice, and 
operational requirements. The CAA section 112(r)(7)(B) authorizes the 
Administrator to promulgate reasonable regulations and appropriate 
guidance to provide, to the greatest extent practicable, for the 
prevention and detection of accidental releases of regulated substances 
and for response to such releases by the owners or operators of the 
sources of such releases.
    Alternatives: The EPA currently plans to prepare a notice of 
proposed rulemaking that would provide the public an opportunity to 
comment on the proposal, and any regulatory alternatives that may be 
identified within the preamble to the proposed rulemaking.
    Anticipated Cost and Benefits: Costs may include the burden on 
regulated entities associated with implementing new or revised 
requirements including program implementation, training, equipment 
purchases, and recordkeeping, as applicable. Some costs could also 
accrue to implementing agencies and local governments, due to new or 
revised provisions associated with emergency response. Benefits will 
result from avoiding the harmful accident consequences to communities 
and the environment, such as deaths, injuries, and property damage, 
environmental damage, and from mitigating the effects of releases that 
may occur. Similar benefits will accrue to regulated entities and their 
employees.
    Risks: The proposed action would address the risks associated with 
accidental releases of listed regulated

[[Page 5161]]

toxic and flammable substances to the air from stationary sources. 
Substances regulated under the RMP program include highly toxic and 
flammable substances that can cause deaths, injuries, property and 
environmental damage, and other on- and off-site consequences if 
accidentally released. The proposed action would reduce these risks by 
potentially making accidental releases less likely, and by mitigating 
the severity of releases that may occur. The proposed action would not 
address the risks of non-accidental chemical releases, accidental 
releases of non-regulated substances, chemicals released to other 
media, and air releases from mobile sources.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/22
Final Rule..........................   08/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Additional Information:
    Sectors Affected: 42469 Other Chemical and Allied Products Merchant 
Wholesalers; 22131 Water Supply and Irrigation Systems; 49313 Farm 
Product Warehousing and Storage; 11511 Support Activities for Crop 
Production; 221112 Fossil Fuel Electric Power Generation; 31152 Ice 
Cream and Frozen Dessert Manufacturing; 311612 Meat Processed from 
Carcasses; 311411 Frozen Fruit, Juice, and Vegetable Manufacturing; 
49311 General Warehousing and Storage; 42491 Farm Supplies Merchant 
Wholesalers; 49312 Refrigerated Warehousing and Storage; 32519 Other 
Basic Organic Chemical Manufacturing; 211112 Natural Gas Liquid 
Extraction; 49319 Other Warehousing and Storage; 322 Paper 
Manufacturing; 22132 Sewage Treatment Facilities; 325 Chemical 
Manufacturing; 311511 Fluid Milk Manufacturing; 32411 Petroleum 
Refineries; 311615 Poultry Processing; 42471 Petroleum Bulk Stations 
and Terminals; 311 Food Manufacturing.
    Agency Contact: Deanne Grant, Environmental Protection Agency, 
Office of Land and Emergency Management, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460, Phone: 202 564-1096, Email: [email protected].
    Veronica Southerland, Environmental Protection Agency, Office of 
Land and Emergency Management, 1200 Pennsylvania Avenue NW, Mail Code 
5104A, Washington, DC 20460, Phone: 202 564-2333, Email: 
[email protected].
    RIN: 2050-AH22

EPA--OFFICE OF WATER (OW)

Proposed Rule Stage

160. Federal Baseline Water Quality Standards for Indian Reservations

    Priority: Other Significant.
    Legal Authority: 33 U.S.C. 1313(c)(4)(B)
    CFR Citation: 40 CFR 131.
    Legal Deadline: None.
    Abstract: EPA is developing a proposed rule to establish tribal 
baseline water quality standards (WQS) for waters on Indian 
reservations that do not have WQS under the Clean Water Act (CWA). Less 
than 20 percent of reservations have EPA-approved tribal WQS. 
Promulgating baseline WQS would address this longstanding gap and 
provide more scientific rigor and regulatory certainty to National 
Pollutant Discharge Elimination System (NPDES) permits for discharges 
to these waters. Consistent with EPA regulations, the baseline WQS 
would include designated uses, water quality criteria to protect those 
uses, and antidegradation policies to protect high quality waters. EPA 
initiated tribal consultation on June 15th, 2021 and will be engaged in 
coordination and consultation with tribes throughout the consultation 
period, which ends September 13th, 2021. EPA welcomes consultation with 
tribes both during and after the consultation period. EPA plans to 
propose this rule by early 2022 and to finalize by early 2023.
    Statement of Need: The federal government has recognized 574 
tribes. More than 300 of these tribes have reservation lands such as 
formal reservations, Pueblos, and informal reservations (i.e., lands 
held in trust by the United States for tribal governments that are not 
designated as formal reservations) and are eligible to apply to 
administer a WQS program. Only 75 tribes, out of over 300 tribes with 
reservations, currently have such TAS authorization to administer a WQS 
program. Of these 75 tribes, only 46 tribes to date have adopted WQS 
and submitted them to EPA for review and approval under the CWA. As a 
result, 50 years after enactment of the CWA, over 80% of Indian 
reservations do not have this foundational protection expected by 
Congress as laid out in the CWA for their waters. This lack of CWA-
effective WQS for the waters of more than 250 Indian reservations is a 
longstanding gap in human health and environmental protections, given 
that WQS are central to implementing the water quality framework of the 
CWA. Although it is EPA's preference for tribes to obtain TAS and 
develop WQS tailored to the tribes' individual environmental goals and 
reservation waters, EPA's promulgation of baseline WQS would serve to 
safeguard water quality until tribes obtain TAS and adopt and 
administer CWA WQS themselves.
    Summary of Legal Basis: While CWA section 303 clearly contemplates 
WQS for all waters of the United States, it does not explicitly address 
WQS for Indian country waters where tribes lack CWA-effective WQS. 
Under CWA section 303(a) states were required to adopt WQS for all 
interstate and intrastate waters. Where a state does not establish such 
standards, Congress directed EPA to do so under the CWA section 303(b). 
These provisions are consistent with Congress' design of the CWA as a 
general statute applying to all waters of the United States, including 
those within Indian country. Several provisions of the CWA provide EPA 
with the authority to propose this rule. Section 501(a) of the CWA 
provides that [t]he Administrator is authorized to prescribe such 
regulations as are necessary to carry out his functions under this 
chapter. In Indian country waters where tribes are not yet authorized 
to establish WQS and where states lack jurisdiction to do the same, EPA 
is responsible for implementing section 303(c) of the CWA. Section 
303(c)(4)(B) of the CWA provides that [t]he Administrator shall 
promptly prepare and publish proposed regulations setting forth a 
revised or new water quality standard for the navigable waters involved 
in any case where the Administrator determines that a revised or new 
standard is necessary to meet the requirements of [the Act]. In 2001 
the EPA Administrator made an Administrator's Determination that new or 
revised WQS are necessary for certain Indian country waters.
    Alternatives: To be determined.
    Anticipated Cost and Benefits: To be determined.
    Risks: To be determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   09/29/16  81 FR 66900
NPRM................................   04/00/22
Final Rule..........................   02/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: Federal, State, Tribal.

[[Page 5162]]

    Additional Information:
    URL For More Information: https://www.epa.gov/wqs-tech/advance-notice-proposed-rulemaking-federal-baseline-water-quality-standards-indian.
    Agency Contact: James Ray, Environmental Protection Agency, Office 
of Water, Mail Code 4305T, 200 Pennsylvania Avenue NW, Washington, DC 
20460, Phone: 202 566-1433, Email: [email protected].
    RIN: 2040-AF62

EPA--OW

161. Clean Water Act Section 401: Water Quality Certification

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 33 U.S.C. 1151
    CFR Citation: 40 CFR 121.1.
    Legal Deadline: None.
    Abstract: Clean Water Act (CWA) section 401 provides States and 
Tribes with a powerful tool to protect the quality of their waters from 
adverse impacts resulting from federally licensed or permitted 
projects. Under section 401, a federal agency may not issue a license 
or permit to conduct any activity that may result in any discharge into 
navigable waters, unless the State or Tribe where the discharge would 
originate either issues a section 401 water quality certification 
finding ``that any such discharge will comply with the applicable 
provisions of sections 301, 302, 303, 306, and 307'' of the CWA, or 
certification is waived. EPA promulgated implementing regulations for 
water quality certification prior to the passage of the CWA in 1972, 
which created section 401. In June 2020, EPA revised these regulations, 
titled ``Clean Water Act section 401 Certification Rule.'' In 
accordance with Executive Order 13990, the EPA has completed its review 
of the June 2020 regulation and determined that it will propose 
revisions to the rule through a new rulemaking effort.
    Statement of Need: To be determined.
    Summary of Legal Basis: To be determined.
    Alternatives: To be determined.
    Anticipated Cost and Benefits: To be determined.
    Risks: To be determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice..............................   06/02/21  86 FR 29541
NPRM................................   03/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Additional Information:
    Agency Contact: Lauren Kasparek, Environmental Protection Agency, 
Office of Water, 1200 Pennsylvania Avenue NW, Washington, DC 20460, 
Phone: 202 564-3351, Email: [email protected].
    Related RIN: Related to 2040-AF86.
    RIN: 2040-AG12

EPA--OW

162. Revised Definition of ``Waters of the United States''--Rule 1

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 33 U.S.C. 1251
    CFR Citation: 40 CFR 120.1.
    Legal Deadline: None.
    Abstract: In April 2020, the EPA and the Department of the Army 
(the agencies) published the Navigable Waters Protection Rule (NWPR) 
that revised the previously codified definition of ``waters of the 
United States'' (85 FR 22250, April 21, 2020). The agencies are now 
initiating this new rulemaking process that restores the regulations in 
place prior to the 2015 ``Clean Water Rule: Definition of `Waters of 
the United States' '' (80 FR 37054, June 29, 2015), updated to be 
consistent with relevant Supreme Court decisions. The agencies intend 
to consider further revisions in a second rule in light of additional 
stakeholder engagement and implementation considerations, scientific 
developments, and environmental justice values. This effort will also 
be informed by the experience of implementing the pre-2015 rule, the 
2015 Clean Water Rule, and the 2020 Navigable Waters Protection Rule.
    Statement of Need: In 2015, the Environmental Protection Agency and 
the Department of the Army (``the agencies'') published the ``Clean 
Water Rule: Definition of `Waters of the United States' '' (80 FR 
37054, June 29, 2015). In April 2020, the agencies published the 
Navigable Waters Protection Rule (85 FR 22250, April 21, 2020). The 
agencies conducted a substantive re-evaluation of the definition of 
``waters of the United States'' in accordance with the Executive Order 
13990 and determined that they need to revise the definition to ensure 
the agencies listen to the science, protect the environment, ensure 
access to clean water, consider how climate change resiliency may be 
affected by the definition of waters of the United States, and to 
ensure environmental justice is prioritized in the rulemaking process.
    Summary of Legal Basis: The Clean Water Act (33 U.S.C. 1251 et 
seq.).
    Alternatives: To be determined.
    Anticipated Cost and Benefits: To be determined.
    Risks: To be determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Additional Information:
    Sectors Affected: 11 Agriculture, Forestry, Fishing and Hunting; 
112990 All Other Animal Production; 111998 All Other Miscellaneous Crop 
Farming; 111 Crop Production.
    Agency Contact: Whitney Beck, Environmental Protection Agency, 
Office of Water, Mail Code 4504T, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460, Phone: 202 566-2553, Email: [email protected].
    Related RIN: Related to 2040-AF75.
    RIN: 2040-AG13

EPA--OW

163.  Revised Definition of ``Waters of the United States''--
Rule 2

    Priority: Other Significant.
    Legal Authority: 33 U.S.C. 1251
    CFR Citation: 40 CFR 120.1.
    Legal Deadline: None.
    Abstract: The EPA and the Department of the Army (the agencies'') 
intend to pursue a second rule defining ''Waters of the United States'' 
to consider further revisions to the agencies' first rule (RIN 2040-
AG13) which proposes to restore the regulations in place prior to the 
2015 ``Clean Water Rule: Definition of `Waters of the United States' '' 
(80 FR 37054, June 29, 2015), updated to be consistent with relevant 
Supreme Court Decisions. This second rule proposes to include revisions 
reflecting on additional stakeholder engagement and implementation 
considerations, scientific developments, and environmental justice 
values. This effort will also be informed by the experience of 
implementing the pre-2015 rule, the 2015 Clean Water Rule, and the 2020 
Navigable Waters Protection Rule.
    Statement of Need: The agencies intend to pursue a second rule 
defining waters of the United States to consider

[[Page 5163]]

further revisions to the agencies' first rule which proposes to restore 
the regulations in place prior to the 2015 WOTUS rule, updated to be 
consistent with relevant Supreme Court Decisions. This second rule 
proposes to include revisions reflecting on additional stakeholder 
engagement and implementation considerations, scientific developments, 
and environmental justice values. This effort will also be informed by 
the experience of implementing the pre-2015 rule, the 2015 Clean Water 
Rule, and the 2020 Navigable Waters Protection Rule.
    Summary of Legal Basis: The Clean Water Act (33 U.S.C. 1251 et 
seq.).
    Alternatives: To be determined.
    Anticipated Cost and Benefits: To be determined.
    Risks: To be determined.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Undetermined.
    Additional Information:
    Agency Contact: Whitney Beck, Environmental Protection Agency, 
Office of Water, Mail Code 4504T, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460, Phone: 202 566-2553, Email: [email protected].
    RIN: 2040-AG19

EPA--OFFICE OF AIR AND RADIATION (OAR)

Final Rule Stage

164. Revised 2023 and Later Model Year Light-Duty Vehicle Greenhouse 
Gas Emissions Standards

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 42 U.S.C. 7411 Clean Air Act; 42 U.S.C. 7401
    CFR Citation: 40 CFR 85.1401; 40 CFR 86; 40 CFR 600.001.
    Legal Deadline: None.
    Abstract: Under Executive Order 13990 on Protecting Public Health 
and the Environment and Restoring Science to Tackle the Climate Crisis 
(January 20, 2021), EPA was directed to review the Safer Affordable 
Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger 
Cars and Light Trucks (April 30, 2020). Based on the Agency's 
reevaluation, EPA will determine whether to revise the GHG standards 
for certain model years.
    Statement of Need: Under Executive Order 13990 on Protecting Public 
Health and the Environment and Restoring Science to Tackle the Climate 
Crisis (January 20, 2021), EPA was directed to review the Safer 
Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-
2026 Passenger Cars and Light Trucks (April 30, 2020).
    Summary of Legal Basis: CAA section 202 (a).
    Alternatives: EPA requested comment to address alternative options 
in the proposed rule.
    Anticipated Cost and Benefits: Compliance with the standards would 
impose reasonable costs on manufacturers. The proposed revised 
standards would result in significant benefits for public health and 
welfare, primarily through substantial reductions in both GHG emissions 
and fuel consumption and associated fuel costs paid by drivers.
    Risks: EPA will evaluate the risks of this rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/10/21  86 FR 43726
NPRM Comment Period End.............   09/27/21
Final Rule..........................   12/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal.
    Additional Information: EPA-HQ-OAR-2021-0208.
    Sectors Affected: 335312 Motor and Generator Manufacturing; 336111 
Automobile Manufacturing; 811111 General Automotive Repair; 811112 
Automotive Exhaust System Repair; 811198 All Other Automotive Repair 
and Maintenance.
    Agency Contact: Tad Wysor, Environmental Protection Agency, Office 
of Air and Radiation, USEPA, Ann Arbor, MI 48105, Phone: 734 214-4332, 
Fax: 734 214-4816, Email: [email protected].
    Jessica Mroz, Environmental Protection Agency, Office of Air and 
Radiation, 1200 Pennsylvania Avenue NW, Washington, DC 20460, Phone: 
202 564-1094, Email: [email protected].
    RIN: 2060-AV13

EPA--OFFICE OF LAND AND EMERGENCY MANAGEMENT (OLEM)

Final Rule Stage

165. Hazardous and Solid Waste Management System: Disposal of Coal 
Combustion Residuals From Electric Utilities; Federal CCR Permit 
Program

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 6945
    CFR Citation: 40 CFR 22; 40 CFR 124; 40 CFR 257.
    Legal Deadline: None.
    Abstract: The Water Infrastructure Improvements for the Nation 
(WIIN) Act established a new coal combustion residual (CCR) regulatory 
structure under which states may seek approval from the Environmental 
Protection Agency (EPA) to operate a permitting program that would 
regulate CCR facilities within their state; if approved, the state 
program would operate in lieu of the federal requirements. The WIIN Act 
requires that such state programs must ensure that facilities comply 
with either the federal regulations or with state requirements that the 
EPA has determined are ``at least as protective as'' the federal 
regulations. Furthermore, the WIIN Act established a requirement for 
the EPA to establish a federal permit program for the disposal of CCR 
in Indian Country and in ``nonparticipating'' states, contingent upon 
Congressional appropriations. In March 2018 (Pub. L. 115-141) and March 
2019 (Pub. L. 116-6), Congress appropriated funding for federal CCR 
permitting. The final rule would establish a new federal permitting 
program for disposal of CCR. The potentially regulated universe is 
limited to facilities with CCR disposal units subject to regulation 
under 40 CFR part 257 subpart D, which are located in Indian Country 
and in nonparticipating states. Remaining CCR facilities would be 
regulated by an approved state program and would not be subject to 
federal permitting requirements.
    Statement of Need: The Water Infrastructure Improvements for the 
Nation (WIIN) Act established a new CCR regulatory structure under 
which states may seek approval from the EPA to operate a permitting 
program that would operate in lieu of the federal requirements. 
Furthermore, the WIIN Act established a requirement for the EPA to 
establish a federal permit program for the disposal of CCR in Indian 
Country and in nonparticipating states, contingent upon Congressional 
appropriations. In March 2018, Congress appropriated funding for 
federal CCR permitting.
    Summary of Legal Basis: No statutory or judicial deadlines apply to 
this rule. This rule would be established under the authority of the 
Solid Waste Disposal Act of 1970, as amended by the Resource 
Conservation and Recovery Act of 1976 (RCRA), as amended by the 
Hazardous and Solid Waste Amendments of 1984 (HWSA) and the Water 
Infrastructure Improvements for the Nation Act of 2016.

[[Page 5164]]

    Alternatives: The Agency provided public notice and opportunity for 
comment on the proposal to establish a federal permit program. The 
proposal included procedures for issuing permits. Substantive 
requirements are addressed in the existing CCR regulations (40 CFR part 
257 subpart D). Alternatives considered in the proposal included 
approaches to tiering initial application deadlines (e.g., by risks 
presented due to unit stability or other factors, such as leaking 
units) and procedures for permit by rule or issuance of general permits 
as an alternative to individual permits.
    Anticipated Cost and Benefits: Costs and benefits of the February 
20, 2020 proposal were presented in the Regulatory Impact Analysis 
(RIA) supporting the proposed rule. The EPA estimated that the net 
effect of proposed revisions would result in an estimated annual cost 
of this proposal is a cost increase of approximately $136,312. This 
cost increase is composed of approximately $135,690 in annualized labor 
costs and $622 in capital or operation and maintenance costs.
    Risks: The proposal to establish a federal CCR permit program is 
not expected to impact the overall risk conclusions discussed in the 
2015 CCR Rule. The proposal would establish procedural requirements for 
issuance of permits would generally not establish substantive 
requirements affecting environmental risk.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/20/20  85 FR 9940
Final Rule..........................   10/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal, Local, Tribal.
    Additional Information: Docket #: EPA-HQ-OLEM-2019-0361.
    Sectors Affected: 221112 Fossil Fuel Electric Power Generation.
    URL For More Information: https://www.epa.gov/coalash.
    URL For Public Comments: https://www.regulations.gov/docket?D=EPA-HQ-OLEM-2019-0361.
    Agency Contact: Stacey Yonce, Environmental Protection Agency, 
Office of Land and Emergency Management, 1200 Pennsylvania Avenue NW, 
Mail Code 5304T, Washington, DC 20460, Phone: 202 566-0568, Email: 
[email protected].
    RIN: 2050-AH07

EPA--OLEM

166. Hazardous and Solid Waste Management System: Disposal of CCR; a 
Holistic Approach to Closure Part B: Implementation of Closure

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 6906; 42 U.S.C. 6907; 42 U.S.C. 6912(a); 
42 U.S.C. 6944; 42 U.S.C. 6945(c)
    CFR Citation: 40 CFR 257.
    Legal Deadline: None.
    Abstract: On April 17, 2015, the Environmental Protection Agency 
(EPA) promulgated national minimum criteria for existing and new coal 
combustion residuals (CCR) landfills and existing and new CCR surface 
impoundments. On August 21, 2018, the D.C. Circuit Court of Appeals 
issued its opinion in the case of Utility Solid Waste Activities Group, 
et al v. EPA. On October 15, 2018, the court issued its mandate, 
vacating certain provisions of the 2015 final rule. On March 3, 2020, 
the EPA proposed a number of revisions and flexibilities to the CCR 
regulations. In particular, the EPA proposed the following revisions: 
(1) Procedures to allow facilities to request approval to use an 
alternate liner for CCR surface impoundments; (2) Two co-proposed 
options to allow the use of CCR during unit closure; (3) An additional 
closure option for CCR units being closed by removal of CCR; and (4) 
Requirements for annual closure progress reports. The EPA has since 
taken final action on one of the four proposed issues. Specifically, on 
November 12, 2020, the EPA issued a final rule that would allow a 
limited number of facilities to demonstrate to the EPA that based on 
groundwater data and the design of a particular surface impoundment, 
the unit has and will continue to have no probability of adverse 
effects on human health and the environment. (This final rule was 
covered under RIN 2050-AH11. See ``Additional Information'' section.) 
The present rulemaking would consider taking final action on the 
remaining proposed issues.
    Statement of Need: On April 17, 2015, the EPA finalized national 
regulations to regulate the disposal of Coal Combustion Residuals (CCR) 
as solid waste under subtitle D of the Resource Conservation and 
Recovery Act (RCRA) (2015 CCR Rule). On March 3, 2020, the EPA proposed 
a number of revisions to the CCR regulations, the last in a set of four 
planned actions to implement the Water Infrastructure Improvements for 
the Nation (WIIN) Act, respond to petitions, address litigation and 
apply lessons learned to ensure smoother implementation of the 
regulations.
    Summary of Legal Basis: No statutory or judicial deadlines apply to 
this rule. This rule would be established under the authority of the 
Solid Waste Disposal Act of 1970, as amended by the Resource 
Conservation and Recovery Act of 1976 (RCRA), as amended by the 
Hazardous and Solid Waste Amendments of 1984 (HWSA) and the Water 
Infrastructure Improvements for the Nation Act of 2016.
    Alternatives: The Agency provided public notice and opportunity for 
comment on these issues associated with the closure of CCR surface 
impoundments. Each of these issues is fairly narrow in scope and we 
have not identified any significant alternatives for analysis.
    Anticipated Cost and Benefits: Costs and benefits of the March 3, 
2020 proposed targeted changes were presented in the Regulatory Impact 
Analysis (RIA) supporting the proposed rule. EPA estimated that the net 
effect of proposed revisions (excluding the one issue that EPA 
finalized on November 12, 2020) to be an annualized cost savings of 
between $37 million and $129 million when discounting at 7%. The RIA 
also qualitatively describes the potential effects of the proposal on 
two categories of benefits from the 2015 CCR Rule.
    Risks: Key benefits of the 2015 CCR Rule included the prevention of 
future catastrophic failures of CCR surface impoundments, the 
protection of groundwater from contamination, the reduction of dust in 
communities near CCR disposal units and increases in the beneficial use 
of CCR. The average annual monetized benefits of the 2015 CCR Rule were 
estimated to be $232 million per year using a seven percent discount 
rate. For reasons discussed in the March 3, 2020 proposal, the EPA was 
unable to quantify or monetize the proposed rule's incremental effect 
on human health and the environment using currently available data.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/03/20  85 FR 12456
Final Rule..........................   09/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Businesses.
    Government Levels Affected: Federal, Local, State, Tribal.
    Additional Information: Docket #: EPA-HQ-OLEM-2019-0173. The action 
is split from 2050-AH11: Hazardous and Solid Waste Management System: 
Disposal of CCR; A Holistic Approach to Closure Part B: Alternate 
Demonstration

[[Page 5165]]

for Unlined Surface Impoundments; Implementation of Closure. This 
action was split from 2050-AH11 after the March 3, 2020 NPRM (85 FR 
12456) as two final rules would be developed based on the proposed 
rule. The November 12, 2020 final rule (85 FR 72506) mentioned in this 
abstract was covered under 2050-AH11.
    Sectors Affected: 221112 Fossil Fuel Electric Power Generation.
    URL For More Information: https://www.epa.gov/coalash.
    URL For Public Comments: https://www.regulatons.gov/docket?D=EPA-HQ-OLEM-2019-0173.
    Agency Contact: Jesse Miller, Environmental Protection Agency, 
Office of Land and Emergency Management, 1200 Pennsylvania Avenue NW, 
Mail Code 5304T, Washington, DC 20460, Phone: 202 566-0562, Email: 
[email protected].
    Frank Behan, Environmental Protection Agency, Office of Land and 
Emergency Management, Mail Code 5304T, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460, Phone: 202 566-1730, Email: [email protected].
    RIN: 2050-AH18

EPA--OFFICE OF WATER (OW)

Final Rule Stage

167.  Cybersecurity in Public Water Systems

    Priority: Other Significant.
    Legal Authority: 5 U.S.C. 553(b)(3)(A)
    CFR Citation: 40 CFR 142.16; 40 CFR 142.2.
    Legal Deadline: None.
    Abstract: EPA is evaluating regulatory approaches to ensure 
improved cybersecurity at public water systems. EPA plans to offer 
separate guidance, training, and technical assistance to states and 
public water systems on cybersecurity. This action will provide 
regulatory clarity and certainty and promote the adoption of 
cybersecurity measures by public water systems.
    Statement of Need: A cyber-attack can degrade the ability of a 
public water system to produce and distribute safe drinking water. The 
risk of a cyber-attack can be reduced through the adoption of 
cybersecurity best practices by public water systems. Sanitary surveys, 
which states, tribes, or the EPA typically conduct every 3 to 5 years 
on all public water systems, should include an evaluation of 
cybersecurity to identify significant deficiencies. EPA recognizes, 
however, that many states currently do not assess cybersecurity 
practices during public water system sanitary surveys. This action is 
necessary to convey to states that EPA interprets existing regulations 
for public water system sanitary surveys as including the possible 
identification of significant deficiencies in cybersecurity practices.
    Summary of Legal Basis: The Administrative Procedure Act exempts 
interpretive rules from its notice and comment requirements. 5 U.S.C. 
553(b)(3)(A). The term is not defined in the APA, but the Attorney 
General's Manual on the APA, often considered to be akin to legislative 
history, describes them as ``rules or statements issued by an agency to 
advise the public of the agency's construction of the statutes and 
rules which it administers.''
    Alternatives: Provide guidance to states, tribes, and EPA on 
evaluating cybersecurity practices during public water system sanitary 
surveys without issuing an interpretive rule.
    Anticipated Cost and Benefits: This action is an interpretation of 
existing responsibilities under current regulations. It establishes no 
new regulatory requirements and, hence, has no regulatory costs or 
benefits.
    Risks: The purpose of this action is to reduce the risks associated 
with cyber-attacks on public water systems. Because this action is not 
establishing new regulatory requirements, EPA has not quantified costs 
and benefits for it. Accordingly, EPA has not estimated the current 
level of risk or the possible reduction in risk due to this action.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   04/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: Undetermined.
    Additional Information:
    Sectors Affected: 924110 Administration of Air and Water Resource 
and Solid Waste Management Programs.
    Agency Contact: Stephanie Flaharty, Environmental Protection 
Agency, Office of Water, 4601M, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460, Phone: 202 564-5072, Email: 
[email protected].
    RIN: 2040-AG20

EPA--OW

Long-Term Actions

168. National Primary Drinking Water Regulations for Lead and Copper: 
Regulatory Revisions

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 300f et seq. Safe Drinking Water Act
    CFR Citation: 40 CFR 141; 40 CFR 142.
    Legal Deadline: None.
    Abstract: The Environmental Protection Agency (EPA) published the 
final Lead and Copper Rule Revision (LCRR) on January 15, 2021. EPA is 
currently considering revising this rulemaking. This action is 
consistent with presidential directives issued on January 20, 2021, to 
the heads of Federal agencies to review certain regulations, including 
the LCRR (E.O. 13990). EPA will complete its review of the rule in 
accordance with those directives and conduct important consultations 
with affected parties. This review of the LCRR will be consistent with 
the policy aims set forth in Executive Order 13985 on Advancing Racial 
Equity and Support for Underserved Communities through the Federal 
Government.
    Statement of Need: The EPA promulgated the final Lead and Copper 
Rule Revision (LCRR) on January 15, 2021 (86 FR 4198). Consistent with 
the directives of Executive Order 13990, the EPA is currently 
considering revising this rulemaking. The EPA will complete its review 
of the rule in accordance with those directives and conduct important 
consultations with affected parties. The EPA understands that the 
benefits of clean water are not shared equally by all communities and 
this review of the LCRR will be consistent with the policy aims set 
forth in Executive Order 13985, ``Advancing Racial Equity and Support 
for Underserved Communities through the Federal Government.''
    Summary of Legal Basis: The Safe Drinking Water Act, section 1412, 
National Primary Drinking Water Regulations, authorizes EPA to initiate 
the development of a rulemaking if the agency has determined that the 
action maintains or improves the public health.
    Alternatives: To Be Determined.
    Anticipated Cost and Benefits: To Be Determined.
    Risks: To Be Determined.
    Timetable:

[[Page 5166]]



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

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Undetermined.
    Federalism: Undetermined.
    Additional Information:
    Agency Contact: Stephanie Flaharty, Environmental Protection 
Agency, Office of Water, 4601M, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460, Phone: 202 564-5072, Email: 
[email protected].
    Related RIN: Related to 2040-AF15, Related to 2040-AG15.
    RIN: 2040-AG16

EPA--OW

169. Per- and Polyfluoroalkyl Substances (PFAS): Perfluorooctanoic Acid 
(PFOA) and Perfluorooctanesulfonic Acid (PFOS) National Primary 
Drinking Water Regulation Rulemaking

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Unfunded Mandates: Undetermined.
    Legal Authority: 42 U.S.C. 300f et seq. Safe Drinking Water Act
    CFR Citation: 40 CFR 141; 40 CFR 142.
    Legal Deadline: NPRM, Statutory, March 3, 2023, Safe Drinking Water 
Act.
    Final, Statutory, September 3, 2024, Safe Drinking Water Act.
    Abstract: On March 3, 2021, the Environmental Protection Agency 
(EPA) published the Fourth Regulatory Determinations in Federal 
Register, including a determination to regulate perfluorooctanoic acid 
(PFOA) and perfluorooctanesulfonic acid (PFOS) in drinking water. Per 
the Safe Drinking Water Act, following publication of the Regulatory 
Determination, the Administrator shall propose a maximum contaminant 
level goal (MCLG) and a national primary drinking water regulation 
(NPDWR) not later than 24 months after determination and promulgate a 
NPDWR within 18 months after proposal (the statute authorizes a 9-month 
extension of this promulgation date). With this action, EPA intends to 
develop a proposed national primary drinking water regulation for PFOA 
and PFOS, and as appropriate, take final action. Additionally, EPA will 
continue to consider other PFAS as part of this action.
    Statement of Need: EPA has determined that PFOA and PFOS may have 
adverse health effects; that PFOA and PFOS occur in public water 
systems with a frequency and at levels of public health concern; and 
that, in the sole judgment of the Administrator, regulation of PFOA and 
PFOS presents a meaningful opportunity for health risk reduction for 
persons served by public water systems.
    Summary of Legal Basis: The EPA is developing a PFAS NPDWR under 
the authority of the Safe Drinking Water Act (SDWA), including sections 
1412, 1413, 1414, 1417, 1445, and 1450 of the SDWA. Section 1412 
(b)(1)(A) of the SDWA requires that EPA shall publish a maximum 
contaminant level goal and promulgate a NPDWR if the Administrator 
determines that (1) the contaminant may have an adverse effect on the 
health of persons, (2) is known to occur or there is a substantial 
likelihood that the contaminant will occur in public water systems with 
a frequency and at a level of public health concern, and (3) in the 
sole judgement of the Administrator there is a meaningful opportunity 
for health risk reduction for persons served by public water systems. 
EPA published a final determination to regulate PFOA and PFOS on March 
3, 2021 after considering public comment (86 FR 12272). Section 1412 
(b)(1)(E) of the SDWA requires that EPA publish a proposed Maximum 
Contaminant Level Goal and a NPDWR within 24 months of a final 
regulatory determination and that the Agency promulgate a NPDWR within 
18 months of proposal.
    Alternatives: Undetermined.
    Anticipated Cost and Benefits: Undetermined.
    Risks: Studies indicate that exposure to PFOA and/or PFOS above 
certain exposure levels may result in adverse health effects, including 
developmental effects to fetuses during pregnancy or to breast-fed 
infants (e.g., low birth weight, accelerated puberty, skeletal 
variations), cancer (e.g., testicular, kidney), liver effects (e.g., 
tissue damage), immune effects (e.g., antibody production and 
immunity), and other effects (e.g., cholesterol changes). Both PFOA and 
PFOS are known to be transmitted to the fetus via the placenta and to 
the newborn, infant, and child via breast milk. Both compounds were 
also associated with tumors in long-term animal studies.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22
Final Action........................   12/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: Federal, Local, State, Tribal.
    Federalism: Undetermined.
    Energy Effects: Statement of Energy Effects planned as required by 
Executive Order 13211.
    Additional Information:
    Agency Contact: Stephanie Flaharty, Environmental Protection 
Agency, Office of Water, 4601M, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460, Phone: 202 564-5072, Email: 
[email protected].
    RIN: 2040-AG18

BILLING CODE 6560-50-P

GENERAL SERVICES ADMINISTRATION (GSA)

Regulatory Plan--October 2021

    The U.S. General Services Administration (GSA) delivers value and 
savings in real estate, acquisition, technology, and other mission-
support services across the Federal Government. GSA's acquisition 
solutions supply Federal purchasers with cost-effective, high-quality 
products and services from commercial vendors. GSA provides workplaces 
for Federal employees and oversees the preservation of historic Federal 
properties. GSA helps keep the nation safe and efficient by providing 
tools, equipment, and non-tactical vehicles to the U.S. military, and 
providing State and local governments with law enforcement equipment, 
firefighting and rescue equipment, and disaster recovery products and 
services.
    GSA serves the public by delivering products and services directly 
to its Federal customers through the Federal Acquisition Service (FAS), 
the Public Buildings Service (PBS), and the Office of Government-wide 
Policy (OGP). GSA has a continuing commitment to its Federal customers 
and the U.S. taxpayers by providing those products and services in the 
most cost-effective manner possible.

Federal Acquisition Service

    FAS is the lead organization for procurement of products and 
services (other than real property) for the Federal Government. The FAS 
organization leverages the buying power of the Government by 
consolidating Federal agencies' requirements for common goods and 
services. FAS provides a range of high-quality and flexible acquisition 
services to increase overall Government effectiveness and efficiency by 
aligning resources around key functions.

[[Page 5167]]

Public Buildings Service

    PBS is the largest public real estate organization in the United 
States. As the landlord for the civilian Federal Government, PBS 
acquires space on behalf of the Federal Government through new 
construction and leasing, and acts as a manager for Federal properties 
across the country. PBS is responsible for over 370 million rentable 
square feet of workspace for Federal employees, has jurisdiction, 
custody, and control over more than 1,600 federally owned assets 
totaling over 180 million rentable square feet, and contracts for more 
than 7,000 leased assets totaling over 180 million rentable square 
feet.
    Later in FY22, GSA expects to update the existing internal guidance 
and issue a new PBS Order following the release of an E.O. on Federal 
Sustainability which is likely to be issued in late October or early 
November.

Office of Government-Wide Policy

    OGP sets Government-wide policy in the areas of personal and real 
property, mail, travel, relocation, transportation, information 
technology, regulatory information, and the use of Federal advisory 
committees. OGP also helps direct how all Federal supplies and services 
are acquired as well as GSA's own acquisition programs. Pursuant to 
Executive Order 12866, ``Regulatory Planning and Review'' (September 
30, 1993) and Executive Order 13563, ``Improving Regulation and 
Regulatory Review'' (January 18, 2011), the Regulatory Plan and Unified 
Agenda provides notice regarding OGP's regulatory and deregulatory 
actions within the Executive Branch.
    GSA prepared a list of 20 non-regulatory actions in the areas of 
Climate Risk Management, Resilience, and Adaptation; Environmental 
Justice; Greenhouse Gas (GHG) Reduction; Clean Energy; Energy 
Reduction; Water Reduction; Performance Contracting; Waste Reduction; 
Sustainable Buildings; and Electronics Stewardship & Data Centers. 
Detailed information on actions GSA is considering taking through 
December 31, 2025, to implement the Administration's policy set by 
Executive Orders 13990 and Executive Order 14008 were provided in GSA's 
Executive Order 13990 90-day response; GSA Climate Change Risk 
Management Plan and GSA 2021 Sustainability Plan. More specifics will 
be known on the Sustainability Plan when feedback is obtained from the 
Council on Environmental Quality (CEQ) and Office of Management and 
Budget (OMB).
    OGP's Office of Government wide Policy, Office of Asset and 
Transportation Management and Office of Acquisition Policy are 
prioritizing rulemaking focused on initiatives that:
     Tackle the climate change emergency.
     Promote the country's economic resilience and improve the 
buying power of U.S. citizens.
     Support underserved communities, promoting equity in the 
Federal government; and,
     Support national security efforts, especially safeguarding 
Federal government information and information technology systems.

Office of Asset and Transportation Management

    The Fall 2021 Unified Agenda consists of fourteen (14) active 
Office of Asset and Transportation Management (MA) agenda items, of 
which four (4) active actions are included in the Federal Travel 
Regulation (FTR) and ten (10) active actions are included in the 
Federal Management Regulation (FMR).
    The Federal Travel Regulation (FTR) enumerates the travel and 
relocation policy for all title 5 Executive Agency employees. The Code 
of Federal Regulations (CFR) is available at https://ecfr.federalregister.gov/. Each version is updated as official changes 
are published in the Federal Register (FR).
    The FTR is the regulation contained in title 41 of the CFR, 
chapters 300 through 304, that implements statutory requirements and 
Executive branch policies for travel by Federal civilian employees and 
others authorized to travel at Government expense. The FTR presents 
policies in a clear manner to both agencies and employees to assure 
that official travel is performed responsibly.
    The Federal Management Regulation (FMR) establishes policy for 
Federal aircraft management, mail management, transportation, personal 
property, real property, and committee management.

MA Rulemaking That Tackles Climate Change

    FTR Case 2020-301-1, Definition for ``Fuel'', Rental Car Policy 
Updates and Clarifications, replaces the word ``gasoline'' where 
appropriate and replaces it with the term ``fuel'' to acknowledge the 
use of alternative fuels, such as electricity.
    FTR Case 2021-301-1, Removal Reservation of part 300-90-Telework 
Travel Expenses Test Programs and appendix E to chapter 301-Suggested 
Guidance for Conference Planning, supports sustainability by reducing 
the number of paper pages required for publication in the Code of 
Federal Regulations.

MA Rulemaking That Supports Equity and Underserved Communities

    FTR Case 2020-302-01, Taxes on Relocation Expenses, Withholding Tax 
Allowance (WTA) and Relocation Income Tax Allowance (RITA) Eligibility, 
creates equity among all Federal Government employees by authorizing 
agencies to reimburse new hires and others previously not eligible for 
relocation benefits afforded to employees transferred in the interest 
of the Government.
    FMR Case 2021-01, Use of Federal Real Property to Assist the 
Homeless'' will streamline the process by which excess Federal real 
property is screened for potential conveyance to homeless interests.

MA Rulemaking That Supports National Security

    FMR Case 2021-102-1, ``Real Estate Acquisition'' will clarify the 
policies for entering into leasing agreements for high security space 
(i.e., space with a Facility Security Level (FSL) of III, IV, or V) in 
accordance with the Secure Federal LEASEs Act (Pub. L. 116-276).

Office of Acquisition Policy

    The Fall 2021 Unified Agenda consists of nineteen (19) active 
Office of Acquisition Policy (MV) agenda items, all of which are for 
the General Services Administration Acquisition Regulation (GSAR).

Office of Acquisition Policy--General Services Administration 
Acquisition Regulation

    The GSAR establishes agency acquisition regulations that affect 
GSA's business partners (e.g., prospective offerors and contractors) 
and acquisition of leasehold interests in real property. The latter are 
established under the authority of 40 U.S.C. 585. The GSAR implements 
contract clauses, solicitation provisions, and standard forms that 
control the relationship between GSA and contractors and prospective 
contractors.

MV Rulemaking That Promotes Economic Resilience

    GSAR Case 2021-G530, Extension of Federal Minimum Wage to Lease 
Acquisitions, will increase efficiency and cost savings in the work 
performed for leases with the Federal Government by increasing the 
hourly minimum wage paid to those contractors in accordance with 
Executive Order 14026, ``Increasing the Minimum Wage for Federal 
Contractors'' dated April 27,

[[Page 5168]]

2021, and Department of Labor regulations at 29 CFR part 23.

MV Rulemaking That Supports Equity and Underserved Communities

    GSAR Case 2020-G511, Updated Guidance for Non-Federal Entities 
Access to Federal Supply Schedules, will clarify the requirements for 
use of Federal Supply Schedules by eligible Non-Federal Entities, such 
as state and local governments. The regulatory changes are intended to 
increase understanding of the existing guidance and expand access to 
GSA sources of supply by eligible Non-Federal Entities, as authorized 
by historic statutes including the Federal Supply Schedules Usage Act 
of 2010.
    GSAR Case 2021-G529, Updates to References to Individuals with 
Disabilities, will provide more inclusive acquisition guidance for 
underserved communities by updating references from ``handicapped 
individuals'' to ``individuals with disabilities'', pursuant to Section 
508 of the Rehabilitation Act.

Rulemaking That Supports National Security

    GSAR Case 2016-G511, Contract Requirements for GSA Information 
Systems, will streamline and update requirements for contracts that 
involve GSA information systems. GSA's policies on cybersecurity and 
other information technology requirements have been previously issued 
and communicated by the Office of the Chief Information Officer through 
the GSA public website. By incorporating these requirements into the 
GSAR, the GSAR will provide centralized guidance to ensure consistent 
application across the organization.
    GSAR Case 2020-G534, Extension of Certain Telecommunication 
Prohibitions to Lease Acquisitions, will protect national security by 
prohibiting procurement from certain covered entities using covered 
equipment and services in lease acquisitions pursuant to Section 889 of 
the National Defense Authorization Act for Fiscal Year 2019. The 
regulatory changes will implement the Section 889 requirements in lease 
acquisitions by requiring inclusion of the related Federal Acquisition 
Regulation (FAR) provisions and clauses.
    GSAR Case 2021-G522, Contract Requirements for High-Security Leased 
Space, will incorporate contractor disclosure requirements and access 
limitations for high-security leased space pursuant to the Secure 
Federal Leases Act. Covered entities are required to identify whether 
the beneficial owner of a high-security leased space, including an 
entity involved in the financing thereof, is a foreign person or entity 
when first submitting a proposal and annually thereafter.
    GSAR Case 2021-G527, Immediate and Highest-Level Owner for High-
Security Leased Space, addresses the risks of foreign ownership of 
Government-leased real estate and requires the disclosure of immediate 
and highest-level ownership information for high-security space leased 
to accommodate a Federal agency.

    Dated: September 8, 2021.

Name: Krystal J. Brumfield,

Associate Administrator, Office of Government-wide Policy.

BILLING CODE 6820-34-P

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA)

Statement of Regulatory Priorities

    The National Aeronautics and Space Administration's (NASA) aim is 
to increase human understanding of the solar system and the universe 
that contains it and to improve American aeronautics ability. NASA's 
basic organization consists of the Headquarters, nine field Centers, 
the Jet Propulsion Laboratory (a federally funded research and 
development center), and several component installations which report 
to Center Directors. Responsibility for overall planning, coordination, 
and control of NASA programs is vested in NASA Headquarters, located in 
Washington, DC.
    NASA continues to implement programs according to its 2018 
Strategic Plan. The Agency's mission is to ``Lead an innovative and 
sustainable program of exploration with commercial and international 
partners to enable human expansion across the solar system and bring 
new knowledge and opportunities back to Earth. Support growth of the 
Nation's economy in space and aeronautics, increase understanding of 
the universe and our place in it, work with industry to improve 
America's aerospace technologies, and advance American leadership.'' 
The FY 2018 Strategic Plan (available at https://www.nasa.gov/sites/default/files/atoms/files/nasa_2018_strategic_plan.pdf) guides NASA's 
program activities through a framework of the following four strategic 
goals:
     Strategic Goal 1: Expand human knowledge through new 
scientific discoveries.
     Strategic Goal 2: Extend human presence deeper into space 
and to the Moon for sustainable long-term exploration and utilization.
     Strategic Goal 3: Address national challenges and catalyze 
economic growth.
     Strategic Goal 4: Optimize capabilities and operations.

NASA's Regulatory Philosophy and Principles

    The Agency's rulemaking program strives to be responsive, 
efficient, and transparent. NASA adheres to the general principles set 
forth in Executive Order 12866, ``Regulatory Planning and Review.'' 
NASA is a signatory to the Federal Acquisition Regulatory (FAR) 
Council. The FAR at 48 CFR chapter 1 contains procurement regulations 
that apply to NASA and other Federal agencies. Pursuant to 41 U.S.C. 
1302 and FAR 1.103(b), the FAR is jointly prepared, issued, and 
maintained by the Secretary of Defense, the Administrator of General 
Services, and the Administrator of NASA, under their several statutory 
authorities.
    NASA is also mindful of the importance of international regulatory 
cooperation, consistent with domestic law and U.S. trade policy, as 
noted in Executive Order 13609, ``Promoting International Regulatory 
Cooperation'' (May 1, 2012). NASA, along with the Departments of State, 
Commerce, and Defense, engage with other countries in the Wassenaar 
Arrangement, Nuclear Suppliers Group, Australia Group, and Missile 
Technology Control Regime through which the international community 
develops a common list of items that should be subject to export 
controls. NASA has also been a key participant in interagency efforts 
to overhaul and streamline the U.S. Munitions List and the Commerce 
Control List. These efforts help facilitate transfers of goods and 
technologies to allies and partners while helping prevent transfers to 
countries of national security and proliferation concerns.

NASA Priority Regulatory Actions

    NASA is highlighting one priority in this agenda and a short 
summary is provided below.

Procedures for Implementing the National Environmental Policy Act 
(NEPA)

    NASA is revising its policy and procedures for implementing the 
National Environmental Policy Act of 1969 (NEPA) and the Council on 
Environmental Quality (CEQ) regulations. These proposed amendments 
would update procedures

[[Page 5169]]

contained in the Agency's current regulation at 14 CFR subpart 1216.3, 
Procedures for Implementing the National Environmental Policy Act, to 
incorporate updates based on the Agency's review of its Categorical 
Exclusions and streamline the NEPA process to better support NASA's 
evolving mission.

BILLING CODE 7510-13-P

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

Statement of Regulatory Priorities

    The National Archives and Records Administration (NARA) primarily 
issues regulations directed to other Federal agencies. These 
regulations include records management, information services, and 
information security. For example, records management regulations 
directed to Federal agencies concern the proper management and 
disposition of Federal records. Through the Information Security 
Oversight Office (ISOO), NARA also issues Government-wide regulations 
concerning information security classification, controlled unclassified 
information (CUI), and declassification programs; through the Office of 
Government Information Services, NARA issues Government-wide 
regulations concerning Freedom of Information Act (FOIA) dispute 
resolution services and FOIA ombudsman functions; and through the 
Office of the Federal Register, NARA issues regulations concerning 
publishing Federal documents in the Federal Register, Code of Federal 
Regulations, and other publications.
    NARA regulations directed to the public primarily address access to 
and use of our historically valuable holdings, including archives, 
donated historical materials, Nixon Presidential materials, and other 
Presidential records. NARA also issues regulations relating to the 
National Historical Publications and Records Commission (NHPRC) grant 
programs.
    NARA's regulatory priority for fiscal year 2022 is included in The 
Regulatory Plan. This priority is a multi-year project to update our 
entire set of records management regulations (36 CFR 1220-1239) to 
reflect an overall change for the Federal Government from paper to 
electronic records, account for updates in processes and technologies, 
and streamline these regulations.
    Changes to 44 U.S.C. 3302 require NARA to issue standards for 
digital reproductions of records with an eye toward allowing agencies 
to then dispose of the original source records. Changes to 44 U.S.C. 
2904 require NARA to promulgate regulations requiring all Federal 
agencies to transfer records to the National Archives of the United 
States in digital or electronic form to the greatest extent possible. 
In addition, our Strategic Plan for 2018-2022 establishes that we will 
no longer accept paper records from agencies by the end of 2022.
    As a result of these deadlines, agencies have begun major 
digitization projects and will be doing more in the future so that they 
can meet deadlines and requirements for electronic records and reduce 
the storage and cost burdens involved with managing paper records. 
Under the statutory provisions in 44 U.S.C. 3302, however, agencies may 
not dispose of original source records due to having digitized them 
(prior to the disposal authority date established in a records 
schedule), unless they have digitized the records according to 
standards established by NARA. So, the first priority for our 
overarching records management project was to initiate two rulemaking 
actions in FY 2019 and FY2020 to establish digitizing standards for 
Federal records. Both actions add new subparts to 36 CFR 1236, 
Electronic Records Management. The first regulatory action focused on 
digitizing temporary records (records of short-term, temporary value 
that are not appropriate for preservation in the National Archives of 
the United States) and was issued as a final rule effective on May 10, 
2019. We began developing the second action during FY 2019 as well, 
focused on digitizing permanent records (permanently valuable and 
appropriate for preservation in the National Archives of the United 
States), and we expect to publish it as a final rule in the winter of 
2021, depending upon the scope and range of agency comments.
    We are also revising 36 CFR 1224, Records Disposition Programs, and 
36 CFR 1225, Scheduling Records, during FY 2022 to incorporate more 
regular review and assessment of records. These changes include a 
requirement for agencies to periodically review established records 
schedules to ensure they remain viable and up to date. This will help 
agencies as they manage records and set priorities for digitizing 
projects.
    We are also revising 36 CFR 1222, Creation and Maintenance of 
Federal Records, to incorporate requirements in the Electronic Messages 
Preservation Act (EMPA), passed in January 2021. Although our 
regulations at 36 CFR 1236 already include requirements for preserving 
electronic messages that are records, these requirements are general 
requirements for all electronic records, so we are also adding them to 
36 CFR 1222 to comply with the new law.
    During FY 2021 we also worked on extensive revisions to all the 
records management regulations, which will continue during FY 2022 and 
FY 2023.

BILLING CODE 7515-01-P

U.S. OFFICE OF PERSONNEL MANAGEMENT

Statement of Regulatory and Deregulatory Priorities Fall 2021 Unified 
Agenda

     Mission and Overview
    OPM works in several broad categories to recruit, retain and honor 
a world-class workforce for the American people.
     We manage Federal job announcement postings at 
USAJOBS.gov, and set policy on governmentwide hiring procedures.
     We uphold and defend the merit systems in Federal civil 
service, making sure that the Federal workforce uses fair practices in 
all aspects of personnel management.
     We manage pension benefits for retired Federal employees 
and their families. We also administer health and other insurance 
programs for Federal employees and retirees.
     We provide training and development programs and other 
management tools for Federal employees and agencies.
     In many cases, we take the lead in developing, testing and 
implementing new governmentwide policies that relate to personnel 
issues.
    Altogether, we work to make the Federal government America's model 
employer for the 21st century.
     Statement of Regulatory and Deregulatory Priorities 
Management Priorities
    OPM is required to amend the regulations to implement statutory and 
policy initiatives. OPM prioritization is focused on initiatives that:
     Actions that advance equity and support underserved, 
vulnerable and marginalized communities;
     Actions that counter the COVID-19 public health emergency 
and expand access to healthcare;.
     Actions that create and sustain good jobs with a free and 
fair choice to join a union and promote economic resilience in general.

Rulemaking That Supports Equity

     Elijah E. Cummings Federal Employee Anti-Discrimination 
Act of 2020

[[Page 5170]]

    3206-AO26
    The Office of Personnel Management (OPM) is issuing proposed 
regulations governing implementation of the Elijah E. Cummings Federal 
Employee Discrimination Act of 2020, which became law on January 1, 
2021. OPM is proposing to conform its regulations to the Act, which 
amends existing or adds new requirements to the Notification and 
Federal Employee Anti-Discrimination and Retaliation Act of 2002. The 
proposed regulations, among other things, establish a new requirement 
to post findings of discrimination that have been made, establish new 
electronic format reporting requirements for Agencies, and establish 
new disciplinary action reporting requirements for Agencies.
     The Fair Chance Act
    3206-AO00
    The Fair Chance Act prohibits agencies from making inquiries or 
soliciting information concerning job applicant's criminal history 
record information prior to receipt of conditional offer. It requires 
OPM to publish regulations by December 20, 2020, covering the entire 
Executive civil service. Regulations must include position specific 
exceptions and a process for receiving and investigating complaints 
against Federal employees by applicants and specifies adverse actions 
for founded violations.

Rulemaking That Addresses Covid-19 Related Issues and Expand Access to 
Healthcare

     Requirements Related to Surprise Billing; Part I
    3206-AO30
    This interim final rule with comment would implement certain 
protections against surprise medical bills under the No Surprises Act.
     Requirements Related to Surprise Billing; Part II
    3206-AO29
    This joint interim final rule with comment with the Departments of 
Health and Human Services, Labor, and Treasury would implement 
additional protections against surprise medical bills under the No 
Surprises Act, including provisions related to the independent dispute 
resolution processes.
     FEDVIP: Extension of Eligibility to Certain Employees on 
Temporary Appointments and Certain Employees on Seasonal and 
Intermittent Schedules; Enrollment Clarifications and Qualifying Life 
Events
    3206-AN91
    The U.S. Office of Personnel Management (OPM) is issuing a proposed 
rule to expand eligibility for enrollment in the Federal Employees 
Dental and Vision Insurance Program (FEDVIP) to additional categories 
of Federal employees. This proposed rule expands eligibility for FEDVIP 
to certain Federal employees on temporary appointments and certain 
employees on seasonal and intermittent schedules that became eligible 
for Federal Employees Health Benefits (FEHB) enrollment beginning in 
2015.This rule also expands access to FEDVIP benefits to certain 
firefighters on temporary appointments and intermittent emergency 
response personnel who became eligible for FEHB coverage in 2012. These 
additions will align FEDVIP with FEHB Program eligibility requirements. 
This proposed rule also updates the provisions on enrollment for active 
duty service members who become eligible for FEDVIP as uniformed 
service retirees pursuant to the National Defense Authorization Act of 
2017 (FY17 NDAA), Public Law 108-496. In addition, this rule proposes 
to add qualifying life events (QLEs) for enrollees who may become 
eligible for and enroll in dental and/or vision services from the 
Department of Veterans Affairs, since this issue may impact TRICARE-
eligible individuals (TEIs) and other enrollees.

Rulemaking That Creates and Sustains Good Jobs With a Free and Fair 
Choice To Join a Union and Promote Economic Resilience in General

     Probation on Initial Appointment to a Competitive 
Position, Performance-Based Reduction in Grade and Removal Actions and 
Adverse Actions
    3206-AO23
    The Office of Personnel Management (OPM) is issuing regulations 
governing probation on initial appointment to a competitive position, 
performance-based reduction in grade and removal actions, and adverse 
actions. The rule rescinds certain regulatory changes made in an OPM 
final rule published at 85 FR 65940 on November 16, 2020 per E.O. 14003 
on Protecting the Federal Workforce. This rule also proposes new 
requirements for procedural and appeal rights for dual status National 
Guard technicians for certain adverse actions. Elements of the November 
16, 2020, rule due to statutory changes will remain in effect, such as 
procedures for disciplinary action against supervisors who retaliate 
against whistleblowers and the inclusion of appeals rights information 
in proposal notices for adverse actions.
     Hiring Authority for College Graduates
    3206-AO23
    The U.S. Office of Personnel Management (OPM) is issuing an interim 
rule to amend its career and career-conditional employment regulations. 
The revision is necessary to implement section 1108 of Public Law 115-
232, John S. McCain National Defense Authorization Act (NDAA) for 
Fiscal Year (FY) 2019, which requires OPM to issue regulations 
establishing hiring authorities for certain college graduates to 
positions in the competitive service under 5 U.S.C. 3115. The intended 
effect of the authority is to provide additional flexibility in 
recruiting and hiring eligible and qualified individuals from all 
segments of society. This authority may also be a useful tool in 
helping agencies implement Agency Diversity, Equity, Inclusion, and 
Accessibility Strategic Plans as required by E.O. 14035.
     Pathways Programs
    3206-AO25
    The U.S. Office of Personnel Management (OPM) is issuing proposed 
regulations to modify the Pathways Internship program (IP) to allow 
agencies greater flexibility when making appointments. OPM is proposing 
these changes to improve and enhance the effectiveness of the IP 
consistent with E.O. 13562, which requires OPM to support agency 
internship needs, and E.O 14035, which requires OPM to support and 
promote agency use of paid internships.

BILLING CODE 3280-F5-P

PENSION BENEFIT GUARANTY CORPORATION (PBGC)

Statement of Regulatory and Deregulatory Priorities

    The Pension Benefit Guaranty Corporation (PBGC or Corporation) is a 
federal corporation created under title IV of the Employee Retirement 
Income Security Act of 1974 (ERISA) to guarantee the payment of pension 
benefits earned by over 33 million workers and retirees in private-
sector defined benefit plans. PBGC administers two insurance programs--
one for single-employer defined benefit pension plans and a second for 
multiemployer defined benefit pension plans.
     Single-Employer Program. Under the single-employer 
program, when a plan terminates with insufficient assets to cover all 
plan benefits (distress and involuntary terminations), PBGC pays plan 
benefits that are guaranteed under title IV. PBGC also pays 
nonguaranteed plan benefits to the extent funded by plan assets or 
recoveries from

[[Page 5171]]

employers. In fiscal year (FY) 2021, PBGC paid over $6.4 billion in 
benefits to nearly 970,000 retirees. Operations under the single-
employer program are financed by insurance premiums, investment income, 
assets from pension plans trusteed by PBGC, and recoveries from the 
companies formerly responsible for the trusteed plans.
     Multiemployer Program. The multiemployer program covers 
collectively bargained plans involving more than one unrelated 
employer. PBGC provides financial assistance (technically in the form 
of a loan, though almost never repaid) to the plan if the plan is 
insolvent and thus unable to pay benefits at the guaranteed level. The 
guarantee is structured differently from, and is generally 
significantly lower than, the single-employer guarantee. In FY 2021, 
PBGC paid $230 million in financial assistance to 109 multiemployer 
plans. Operations under the multiemployer program generally are 
financed by insurance premiums and investment income. In addition, the 
American Rescue Plan Act of 2021 (ARP) added section 4262 of ERISA, 
which requires PBGC to provide special financial assistance (SFA) to 
certain financially troubled multiemployer plans upon application for 
assistance, which is funded by general tax revenues.
    While risks remain, the financial status of the single-employer 
program improved to a positive net financial position of $30.9 billion 
at the end of FY 2021. Due to enactment of ARP, the net financial 
position of the multiemployer program improved dramatically during FY 
2021 from a negative net position of $63.7 billion at the end of FY 
2020 to a positive net position of $481 million at the end of FY 2021. 
ARP substantially improves the financial condition and the outlook for 
PBGC's multiemployer program. By forestalling the near-term insolvency 
of the most troubled multiemployer plans, the multiemployer program is 
no longer expected to go insolvent in FY 2026 and can accumulate a 
greater level of reserve assets in its insurance fund in the near-term.
    To carry out its statutory functions, PBGC issues regulations on 
such matters as how to pay premiums, when reports are due, what 
benefits are covered by the insurance program, how to terminate a plan, 
the liability for underfunding, and how withdrawal liability works for 
multiemployer plans. PBGC follows a regulatory approach that seeks to 
encourage the continuation and maintenance of securely-funded defined 
benefit plans. In developing new regulations and reviewing existing 
regulations, PBGC seeks to reduce burdens on plans, employers, and 
participants, and to ease and simplify employer compliance wherever 
possible. PBGC particularly strives to meet the needs of small 
businesses that sponsor defined benefit plans. In all such efforts, 
PBGC's mission is to protect the retirement incomes of plan 
participants.

Regulatory/Deregulatory Objectives and Priorities

    PBGC's regulatory/deregulatory objectives and priorities are 
developed in the context of the Corporation's statutory purposes, 
priorities, and strategic goals.
    Pension plans and the statutory framework in which they are 
maintained and terminated are complex. Despite this complexity, PBGC is 
committed to issuing simple, understandable, flexible, and timely 
regulations to help affected parties. PBGC's regulatory/deregulatory 
objectives and priorities are:
     To enhance the retirement security of workers and 
retirees;
     To implement regulatory actions that ease compliance 
burdens and achieve maximum net benefits while protecting retirement 
security; and
     To simplify existing regulations and reduce burden.
    PBGC endeavors in all its regulatory and deregulatory actions to 
promote clarity and reduce burden with the goal that net cost impact on 
the public is zero or less overall.

American Rescue Plan

    The American Rescue Plan Act of 2021 (ARP) added a new section 4262 
of ERISA to create a program to enhance retirement security for more 
than 3 million Americans by providing special financial assistance 
(SFA) to certain financially troubled multiemployer plans. In turn, the 
SFA program improves the financial condition of PBGC's multiemployer 
insurance program. For plans that adopted a benefit suspension under 
the Multiemployer Pension Reform Act of 2014 (MPRA), and for certain 
insolvent plans that suspended benefits upon insolvency, the SFA 
includes make-up payments of suspended benefits for participants and 
beneficiaries who are in pay status at the time SFA is paid, and 
prospective reinstatement of suspended benefits for all participants 
and beneficiaries.
    Under new section 4262 of ERISA, PBGC was required within 120 days 
to prescribe in regulations or other guidance the requirements for SFA 
applications. To implement the program, on July 9, 2021, PBGC released 
an interim final rule adding a new part 4262 to its regulations, 
``Special Financial Assistance by PBGC,'' which was published in the 
Federal Register on July 12, 2021. Part 4262 provides guidance to 
multiemployer pension plan sponsors on eligibility, determining the 
amount of SFA, content of an application for SFA, the process of 
applying, PBGC's review of applications, and restrictions and 
conditions on plans that receive SFA. PBGC also released instructions 
and guidance on assumptions used for determining eligibility and the 
amount of SFA. PBGC held two webinars related to the interim final rule 
on the SFA application and review process; restrictions, conditions, 
and reporting; agency guidance; and program resources. The public 
comment period on the interim final rule ended on August 12, 2021, and 
PBGC expects to publish a final rule in January 2022.

Multiemployer Plans

    In other multiemployer plan rulemakings, PBGC plans to publish a 
proposed rule prescribing actuarial assumptions which may be used by a 
multiemployer plan actuary in determining an employer's withdrawal 
liability (RIN 1212-AB54). Section 4213(a) of ERISA permits PBGC to 
prescribe by regulation such assumptions.
    PBGC also plans to propose a rulemaking that would add a new part 
4022A to PBGC's regulations to provide guidance on determining the 
monthly amount of multiemployer plan benefits guaranteed by PBGC 
(``Multiemployer Plan Guaranteed Benefits,'' RIN 1212-AB37). For 
example, the proposed rule would explain what multiemployer plan 
benefits are eligible for PBGC's guarantee, how to determine credited 
service, how to determine a benefit's accrual rate, and how to 
calculate the guaranteed monthly benefit amount.

Rethinking Existing Regulations

    Most of PBGC's regulatory/deregulatory actions are the result of 
its ongoing retrospective review to identify and correct unintended 
effects, inconsistencies, inaccuracies, and requirements made 
irrelevant over time. For example, PBGC's regulatory review identified 
a need to improve PBGC's recoupment of benefit overpayment rules 
(``Improvements to Rules on Recoupment of Benefit Overpayments,'' RIN 
1212-AB47). The ``Benefit Payments'' rulemaking (RIN 1212-AB27) would 
make clarifications and codify policies in PBGC's benefit payments and 
valuation regulations

[[Page 5172]]

involving payment of lump sums, changes to benefit form, partial 
benefit distributions, and valuation of plan assets. Other rulemakings 
would modernize PBGC's regulations and policies by adopting up-to-date 
assumptions and methods that are more consistent with best practices 
within the pension community. For example, PBGC is considering 
modernizing the interest, mortality, and expense load assumptions used 
to determine the present value of benefits under the asset allocation 
regulation (for single-employer plans) and for determining mass 
withdrawal liability payments (for multiemployer plans) (RIN 1212-
AA55).

Small Businesses

    PBGC considers very seriously the impact of its regulations and 
policies on small entities. PBGC attempts to minimize administrative 
burdens on plans and participants, improve transparency, simplify 
filing, and assist plans to comply with applicable requirements. PBGC 
particularly strives to meet the needs of small businesses that sponsor 
defined benefit plans. In all such efforts, PBGC's mission is to 
protect the retirement incomes of plan participants.

Open Government and Increased Public Participation

    PBGC encourages public participation in the regulatory process. For 
example, PBGC's ``Federal Register Notices Open for Comment'' web page 
highlights when there are opportunities to comment on proposed rules, 
information collections, and other Federal Register notices. PBGC also 
encourages comments on an ongoing basis as it continues to look for 
ways to further improve the agency's regulations. Efforts to reduce 
regulatory burden in the projects discussed above are in substantial 
part a response to public comments.

PBGC

Final Rule Stage

170. Special Financial Assistance by PBGC

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 29 U.S.C. 1432; 29 U.S.C. 1302(b)(3)
    CFR Citation: 29 CFR 4262.
    Legal Deadline: Other, Statutory, July 9, 2021, 120 days after date 
of enactment (March 11, 2021).
    Section 4262(c) as added to the Employee Retirement Income Security 
Act of 1974 (ERISA) by section 9704 of Subtitle H of the American 
Rescue Plan Act of 2021, requires that within 120 days of the date of 
enactment of this section, PBGC shall issue regulations or guidance 
setting forth requirements for special financial assistance (SFA) 
applications under this section.
    Abstract: This final rule implements section 9704 of the American 
Rescue Plan Act by setting forth the requirements for plan sponsors of 
financially troubled multiemployer defined benefit pension plans to 
apply for special financial assistance from the Pension Benefit 
Guaranty Corporation, and related requirements.
    Statement of Need: This final rule is needed to implement section 
9704 of the American Rescue Plan Act and set forth the requirements for 
plan sponsors of financially troubled multiemployer defined benefit 
pension plans to apply for special financial assistance from the 
Pension Benefit Guaranty Corporation, and related requirements.
    Anticipated Cost and Benefits: In its fiscal year (FY) 2020 
Projections Report, published in September 2021, PBGC estimated a range 
of possible outcomes for the total amount of SFA payments under the 
provisions of the interim final rule. PBGC used the mean value in that 
range--$97.2 billion--to estimate the transfer impacts of the SFA 
program, and estimated the average annual information collection, 
including application, cost of the SFA program will be about $2 
million. The SFA program is expected to assist plans covering more than 
3 million participants and beneficiaries, including the provision of 
funds to reinstate suspended benefits of participants and 
beneficiaries.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   07/12/21  86 FR 36598
Interim Final Rule Effective........   07/12/21
Interim Final Rule Comment Period      08/11/21
 End.
Final Action........................   01/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Government Levels Affected: None.
    Agency Contact: Hilary Duke, Assistant General Counsel for 
Regulatory Affairs, Pension Benefit Guaranty Corporation, 1200 K Street 
NW, Washington, DC 20005, Phone: 202 229-3839, Email: 
[email protected].
    RIN: 1212-AB53

BILLING CODE 7709-02-P

U.S. SMALL BUSINESS ADMINISTRATION

Statement of Regulatory Priorities

Overview

    The mission of the U.S. Small Business Administration (SBA) is to 
maintain and strengthen the Nation's economy by enabling the 
establishment and viability of small businesses, and by assisting in 
the physical and economic recovery of communities after disasters. In 
accomplishing this mission, SBA strives to improve the economic 
environment for small businesses, including: those in rural areas, in 
areas that have significantly higher unemployment and lower income 
levels than the Nation's averages, and those in traditionally 
underserved markets.
    SBA has several financial, procurement, and technical assistance 
programs that provide a crucial foundation for those starting or 
growing a small business. For example, the Agency serves as a guarantor 
of loans made to small businesses by lenders that participate in SBA's 
programs. The Agency also licenses small business investment companies 
that make equity and debt investments in qualifying small businesses 
using a combination of privately raised capital and SBA guaranteed 
leverage. SBA also funds various training and mentoring programs to 
help small businesses, particularly businesses owned by women, 
veterans, minorities, and other historically underrepresented groups, 
gain access to Federal government contracting opportunities. The Agency 
also provides management and technical assistance to existing or 
potential small business owners through various grants, cooperative 
agreements, or contracts. Finally, as a vital part of its purpose, SBA 
also provides direct financial assistance to homeowners, renters, and 
businesses to repair or replace their property in the aftermath of a 
disaster.

Reducing Burden on Small Businesses

    SBA's regulatory policy reflects a commitment to developing 
regulations that reduce or eliminate the burden on the public, in 
particular the Agency's core constituents--small businesses. SBA's 
regulatory process generally includes an assessment of the costs and 
benefits of the regulations as required by Executive Order No. 12866, 
1993, ``Regulatory Planning and Review''; Executive Order No. 13563, 
2011, ``Improving Regulation and Regulatory Review''; and the 
Regulatory Flexibility Act. SBA's program offices are particularly 
invested in finding ways to

[[Page 5173]]

reduce the burden imposed by the Agency's core activities in its loan, 
grant, innovation, and procurement programs.

Openness and Transparency

    SBA promotes transparency, collaboration, and public participation 
in its rulemaking process. To that end, SBA routinely solicits comments 
on its regulations, even those that are not subject to the public 
notice and comment requirement under the Administrative Procedure Act. 
Where appropriate, SBA also conducts hearings, webinars, and other 
public events as part of its regulatory process.

Regulatory Framework

    The SBA Strategic Plan serves as the foundation for the regulations 
that the Agency will develop during the next twelve months. This 
Strategic Plan provides a framework for strengthening, streamlining, 
and simplifying SBA's programs; and leverages collaborative 
relationships with other agencies and the private sector to maximize 
the tools small business owners and entrepreneurs need to drive 
American innovation and strengthen the economy. The plan sets out four 
Strategic Goals: (1) Support small business revenue and job growth; (2) 
build healthy entrepreneurial ecosystems and create business friendly 
environments; (3) restore small businesses and communities after 
disasters; and (4) strengthen SBA's ability to serve small businesses. 
The regulations reported in SBA's semi-annual Regulatory Agenda and 
Plan are intended to facilitate achievement of these goals and 
objectives.
    Over the past 18 months, SBA's regulatory activities focused 
primarily on rulemakings that were necessary to implement the Paycheck 
Protection Program and the Economic Injury Disaster Loan program, which 
made it possible for millions of businesses, sole proprietors, 
independent contractors, certain non-profits, and veterans' 
organizations, among other entities, to receive financial assistance to 
alleviate the economic crisis caused by the COVID-19 pandemic. Over the 
next 12 months, SBA will take further regulatory action if necessary to 
tweak requirements for the programs to further advance the country's 
economic recovery.

Administration's Priorities

    To the extent possible and consistent with the Agency's statutory 
purpose, SBA will also take steps to support the Administration's 
priorities highlighted in Fall 2021 Data Call for the Unified Agenda of 
Federal Regulatory and Deregulatory Action (08/16/2021), namely: (1) 
Actions that advance the country's economic recovery and continue to 
address any additional necessary COVID-related issues; (2) actions that 
tackle the climate change emergency; (3) actions that advance equity 
and support underserved, vulnerable and marginalized communities; and 
(4) actions that create and sustain good jobs with a free and fair 
choice to join a union and promote economic resilience in general.

Advancing the Country's Economic Recovery and Addressing Additional 
COVID-Related Issues

    As small businesses across multiple industries continue to face 
economic uncertainties, SBA will continue to provide financial 
assistance consistent with existing statutory authorities to help 
alleviate the financial burdens still facing small businesses. SBA will 
take steps, including regulatory action where necessary, to modify 
requirements for its various COVID-related assistance programs to 
alleviate burdens on eligible program recipients and further advance 
the country's economic recovery. For example, the interim final rule 
(RIN: 3245-AH80) included in SBA's Fall Regulatory Agenda expands the 
number of small businesses, nonprofit organizations, qualified 
agricultural businesses, and independent contractors within various 
sectors of the economy that are eligible for a loan under the COVID-
EIDL program and also expands the eligible uses of loan proceeds. These 
and other program amendments made by the rule will increase the flow of 
funds to the businesses and put them in a better position to recover 
from the economic losses caused by the pandemic, sustain their 
operations and retain or hire employees. SBA's other currently 
available COVID financial assistance programs do not require 
regulations; however, the Agency is committed to ensuring that they are 
executed in a manner that are as impactful as the loan program.

Advancing Equity and Supporting Underserved, Vulnerable, and 
Marginalized Communities

    As evidenced by SBA's equity assessment report, the Agency has made 
great strides in identifying potential barriers facing underserved and 
marginalized communities and ways in which SBA can help to overcome 
those barriers. The responsive actions identified to date do not 
require regulations for implementation and include the following: 
Promoting greater access for small businesses to all our programs 
including addressing language and cultural differences and social 
economic factors; targeting lending groups that work with underserved 
communities; improving outreach through technology and addressing 
digital/technological divide. To help identify gaps and develop a more 
targeted outreach effort, SBA will continue to revise information 
collection instruments and enter into agreements with federal 
statistical agencies to gather demographic data on recipients of its 
programs and services.

Tackling the Climate Change Emergency and Promoting Economic Resilience

    To help combat the climate change crisis, SBA is implementing a 
multi-year priority goal to help prepare and rebuild resilient 
communities by enhancing communication efforts for mitigation. SBA's 
regulations in 13 CFR part 123 contain the legal framework for 
financing projects specifically targeted for pre-disaster and post-
disaster mitigation projects. Proceeds from other SBA financing 
programs can also be used for mitigating measures. At this point no 
regulations are necessary to implement any of these options; therefore, 
SBA will focus its efforts on educating the public on the benefits of 
investing in mitigation and resilience projects and also on increasing 
awareness of SBA loan programs that can be used for renovating, 
retrofitting, or purchasing buildings and equipment to reduce 
greenhouse gas emissions; improving energy efficiency; or enabling the 
development of innovative solutions that support the green economy.

Regulatory Plan Rule

    In the context of its Regulatory Agenda, SBA plans to prioritize 
the regulations that are necessary to implement new authority for SBA 
to take over responsibility from the Department of Veterans Affairs 
(VA) for certifying veteran-owned small businesses (VOSBs) and service-
disabled veteran-owned small businesses (SDVOSBs) for sole source and 
set-asides contracts. Section 862 of the NDAA FY 2021 requires transfer 
of the program to SBA on January 1, 2023. SBA is prioritizing 
development of the required rulemaking to ensure that the affected 
public is aware of the regulatory requirements that will govern the 
VOSB and SDVOSB certification process at SBA and that the Agency is 
positioned to begin certifications on the transfer date. This 
statutorily mandated program is consistent with SBA's ongoing efforts 
to support businesses in underserved markets, including veteran-

[[Page 5174]]

owned small businesses. And as businesses struggle to overcome the 
financial effects of the COVID pandemic, promulgating the rule before 
the transfer date will also ensure there is no gap in the certification 
process. Any delay in certification could adversely impact those VOSBs 
and SDVOSBs seeking access to the billions of dollars in federal 
government procurement opportunities and could impact their economic 
recovery.

Title: Service-Disabled Veteran-Owned Small Business Certification (RIN 
3245-AH69)

    The Veteran-Owned Small Business (VOSB) and Service-Disabled 
Veteran-Owned Small Business (SDVOSB) Programs, as managed by the 
Department of Veterans Affairs (VA) in compliance with 38 U.S.C. 8127, 
authorize Federal contracting officers to restrict competition to 
eligible VOSBs and SDVOSBs for VA contracts. There is currently no 
government wide VOSB set-aside program, and firms seeking to be awarded 
SDVOSB set-aside contracts with Federal agencies other than the VA are 
required only to self-certify their SDVOSB status. Section 862 of the 
National Defense Authorization Act, Fiscal Year 2021, Public Law 116-
283, 128 Stat. 3292 (January 1, 2021), amended the VA certification 
authority and transferred the responsibility for certification of VOSBs 
and SDVOSBs to SBA and created a government-wide certification 
requirement for SDVOSBs seeking sole source and set-aside contracts.
    Before SBA officially takes over responsibility for the 
certification on January 1, 2023, the Agency must put in place the 
regulations and other guidance that will govern the certification 
program at SBA. As a first step in this process, SBA will publish an 
Advance Notice of Proposed Rulemaking (ANPRM) to solicit public input 
on how to implement a program that would best serve the needs of 
America's veterans who aspire to start or grow their businesses and 
access the billions of dollars in contracts that Federal agencies award 
annually. SBA will seek comments on how the certification processes are 
currently working, how they can be improved, and how best to 
incorporate those improvements into any new certification program at 
SBA. Shortly after evaluating the comments received on the ANPRM, SBA 
will issue a proposed rule to set out how the Agency plans to structure 
the certification program and to solicit final public comments.

SBA

Prerule Stage

171. Service-Disabled Veteran-Owned Small Business Certification

    Priority: Other Significant.
    Legal Authority: 15 U.S.C. 634(b)(6); 15 U.S.C. 657f
    CFR Citation: 13 CFR 125.
    Legal Deadline: None.
    Abstract: Section 862 of the Fiscal Year 2021 National Defense 
Authorization Act, Public Law 116-283, expands Service-Disabled 
Veteran-Owned Small Businesses verification government-wide and 
transfers certification authority from the VA to the SBA. This 
legislation requires SBA to amend 13 CFR 125 to eliminate self-
certification and create a government-wide certification program for 
Veteran-owned Small Businesses (VOSBs) and Service-Disabled Veteran-
Owned Small Businesses (SDVOSBs). The certification requirement applies 
only to participants wishing to compete for set-aside or sole-source 
contracts. When the program is established (target date January 2023), 
SDVOSBs that are not certified will not be eligible to compete on set-
asides or receive sole-source contracts in the SDVOSB Program. NDAA 
also created a one-year grace period for SDVOSB firms currently self-
certified to apply to SBA for certification.
    Statement of Need: Section 862 requires the Administrator to 
establish procedures necessary to implement the amendments. The 
Advanced Notice of Proposed Rulemaking (ANPRM) is intended to gather 
feedback from the public, particularly those VOSBs and SDVOSBS that 
would seek certification from SBA on how to implement the transferred 
authority and establish a government-wide certification program for 
SDVOSBs. In addition to the statutory requirement to establish 
regulations and procedures to implement the NDAA 2021 amendments, SBA's 
current regulations are also in conflict with said changes.
    Summary of Legal Basis: The legal basis is the mandate in section 
862 of the National Defense Authorization Act for Fiscal Year 2021 
(NDAA 2021) (Pub. L. 116-283) for SBA to amend its regulations to 
implement a statutory requirement to certify VOSBs and SDVOSBs and 
establish a government wide certification program for SDVOSBs.
    Alternatives: There are no viable alternatives to implementing 
regulations. In addition to the statutory requirement to establish 
regulations and procedures to implement the NDAA 2021 amendments, SBA's 
current regulations are also in conflict with said changes. Therefore, 
revised regulations are necessary not only to incorporate the new 
authority, but also to amend any inconsistencies.
    Anticipated Cost and Benefits: SBA's SDVOSB/VOSB certification 
program ensures that only eligible small businesses receive set-aside 
contracts from agencies throughout the federal government. Since 
agencies cannot award to small businesses unless they are certified by 
SBA, this regulation may reduce an agency's time and costs associated 
with contract award, protest, and appeal. The statutory requirement for 
SBA to establish a government-wide certification program for SDVOSBs 
and certify VOSBs and SDVOSBs imposes a significant program cost burden 
for the agency that is currently unfunded. There are no financial costs 
to the applicant other than the time spent preparing and submitting the 
application.
    Risks: There is a risk that SBA's certification program would fail 
to identify an ineligible entity that would subsequently receive a set-
aside contract. This risk is reduced by existing SDVOSB/VOSB protest 
procedures and periodic eligibility examinations of participant firms.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   12/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Government Levels Affected: None.
    Agency Contact: Edmund Bender, Small Business Administration, 409 
3rd Street SW, Washington, DC 20416, Phone: 202 205-6455.
    RIN: 3245-AH69

BILLING CODE 8026-03-P

SOCIAL SECURITY ADMINISTRATION (SSA)

I. Statement of Regulatory Priorities

    We administer the Retirement, Survivors, and Disability Insurance 
programs under title II of the Social Security Act (Act), the 
Supplemental Security Income (SSI) program under title XVI of the Act, 
and the Special Veterans Benefits program under title VIII of the Act. 
As directed by Congress, we also assist in administering portions of 
the Medicare program under title XVIII of the Act. Our regulations 
codify the requirements for eligibility and entitlement to benefits and 
our procedures for administering these

[[Page 5175]]

programs. Generally, our regulations do not impose burdens on the 
private sector or on State or local governments, except for the States' 
Disability Determination Services and representatives of claimants. 
However, our regulations can impose burdens on the private sector in 
the course of evaluating a claimant's initial or continued eligibility. 
We fully fund the Disability Determination Services in advance or via 
reimbursement for necessary costs in making disability determinations.
    The entries in our regulatory plan represent issues of major 
importance to the Agency. Through our regulatory plan, we intend to:
    A. Simplify a specific policy within the SSI program by no longer 
considering food expenses as a source of In-Kind Support and 
Maintenance (RIN 0960-AI60);
    B. Revise our regulations to confirm that we will allow a $20 
tolerance that prevents us from assessing In-Kind Support and 
Maintenance if an SSI claimant is close to meeting his or her fair 
share of expenses (RIN 0960-AI68); and
    C. Simplify policies and business processes while assisting 
vulnerable populations who may need assistance providing their intent 
to file and recording their protective filing. We would also allow 
third parties who are assisting the potential claimants to submit a 
written statement regardless of whether the written inquiry is signed, 
which will protect claimants who are unable to provide the information 
by themselves (RIN 0960-AI69).

II. Regulations in the Proposed Rule Stage

    Two of our regulations target changes to the In-Kind Support and 
Maintenance policy in our SSI program. They would simplify a specific 
policy within the SSI program by no longer considering food expenses as 
a source of ISM (RIN 0960-AI60) and would revise our regulations to 
confirm that we will allow a $20 tolerance that prevents us from 
assessing In-Kind Support and Maintenance if an SSI claimant is close 
to meeting his or her fair share of expenses (RIN 0960-AI68).
    In addition, our proposed regulations would simplify policies and 
business processes while assisting vulnerable populations who may need 
assistance providing their intent to file and recording their 
protective filing. The proposed regulation would allow third parties 
who are assisting the potential claimants to submit a written statement 
regardless of whether the written inquiry is signed, which will protect 
claimants who are unable to provide the information by themselves (RIN 
0960-AI69).

III. Regulations in the Final Rule Stage

    We are not including any of our regulations in the final rule stage 
in this statement of regulatory priorities.

Retrospective Review of Existing Regulations

    Pursuant to section 6 of Executive Order 13563, ``Improving 
Regulation and Regulatory Review'' (January 18, 2011), SSA regularly 
engages in retrospective review and analysis for multiple existing 
regulatory initiatives. These initiatives may be proposed or completed 
actions, and they do not necessarily appear in The Regulatory Plan. You 
can find more information on these completed rulemakings in past 
publications of the Unified Agenda at www.reginfo.gov in the 
``Completed Actions'' section for the Social Security Administration.

SSA

Proposed Rule Stage

172. Omitting Food From In-Kind Support and Maintenance Calculations

    Priority: Other Significant. Major status under 5 U.S.C. 801 is 
undetermined.
    Legal Authority: 42 U.S.C. 902(a)(5); 42 U.S.C. 1381a; 42 
U.S.C.1382; 42 U.S.C. 1382a; 42 U.S.C. 1382b; 42 U.S.C. 1382c(f); 42 
U.S.C. 1382j; 42 U.S.C. 1383; 42 U.S.C. 1382 note
    CFR Citation: 20 CFR 416.1102; 20 CFR 416.1130; 20 CFR 416.1131.
    Legal Deadline: None.
    Abstract: We propose to change the definition of In-Kind Support 
and Maintenance (ISM) to no longer consider food expenses as a source 
of ISM. Instead, ISM would only be derived from shelter expenses (i.e. 
costs associated with room, rent, mortgage payments, real property 
taxes, heating fuel, gas, electricity, water, sewerage, and garbage 
collection services). The present definition of ISM is used across 
several regulations and this regulatory change would necessitate minor 
changes to other related regulations.
    Statement of Need: This change would remove food cost when we 
determine ISM. By doing so, it streamlines the ISM policy and resulting 
SSI program complexity.
    Anticipated Cost and Benefits: To be provided with publication of 
the proposed rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Scott Logan, Social Insurance Specialist, Social 
Security Administration, Office of Income Security Programs, 6401 
Security Boulevard, Baltimore, MD 21235-6401, Phone: 410 966-5927, 
Email: [email protected].
    RIN: 0960-AI60

SSA

173.  $20 Tolerance Rule To Establish That the Individual Meets 
the Pro-Rata Share of Household Expenses When Living in the Household 
of Another

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 902(a)(5); 42 U.S.C. 1381a; 42 U.S.C. 
1382; 42 U.S.C. 1382a; 42 U.S.C. 1382b; 42 U.S.C. 1382c(f); 42 U.S.C. 
1382j; 42 U.S.C. 1383; 42 U.S.C. 1382 note
    CFR Citation: 20 CFR 416.1133.
    Legal Deadline: None.
    Abstract: When SSI claimants live in another person's household, 
their benefits may be reduced because they could receive in-kind 
support and maintenance from that household. However, their benefits 
will not be reduced if they demonstrate that they are paying their pro-
rata share of the household's expenses. If SSI claimants do not 
contribute their pro-rata share of household expenses, but they do 
contribute an amount that is within $20 of their share of household 
expenses, we treat the situation as if the claimants pay their pro-rata 
share under our tolerance policy. In this situation, we would not 
reduce a claimant's benefit because of in-kind support and maintenance. 
This proposed rule seeks to codify this policy.
    Statement of Need: This change would reinforce a tolerance that 
prevents SSA from assessing ISM if a claimant is within a specific 
dollar amount of meeting their fair share when living in the home on 
another.
    Anticipated Cost and Benefits: This is a new draft regulation 
proposal and we have not completed the regulation specifications. We 
are unable to formally project costs and benefits.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/22
------------------------------------------------------------------------


[[Page 5176]]

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Scott Logan, Social Insurance Specialist, Social 
Security Administration, Office of Income Security Programs, 6401 
Security Boulevard, Baltimore, MD 21235-6401, Phone: 410 966-5927, 
Email: [email protected].
    RIN: 0960-AI68

SSA

174.  Inquiry About SSI Eligibility at Application Filing Date 
Which Will Remove the Requirement for a Signed Written Statement and 
Will Expand Protective Filing

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 902 (a)(5)
    CFR Citation: 20 CFR 416.340; 20 CFR 416.345.
    Legal Deadline: None.
    Abstract: Under current regulations, a protective filing may be 
established only if the claimant, the claimant's spouse, or a person 
who may sign an application on the claimant's behalf (20 CFR 
416.340(b), 416.345(b)) submits a signed written statement expressing 
intent to file, or makes an oral inquiry. Under our regulations, people 
who may sign such an application include parents or caregivers of 
claimants who are minor children or mentally incompetent (20 CFR 
416.315). However, the regulations do not authorize other third parties 
to sign an application or otherwise establish a protective filing date, 
unless the situation meets the regulatory exception. The exception only 
allows considering a protective filing from a third party if it 
prevents a loss of benefits due to a delay in filing when there is a 
good reason why the claimant cannot sign an application.
    Revising the regulations and combining them to provide one set of 
rules for both situations will simplify policies and business processes 
while assisting vulnerable populations who may need assistance 
providing their intent to file and recording their protective filing.
    Amending both regulations to allow third parties who are assisting 
the potential claimants to submit a written statement regardless of 
whether the written inquiry is signed will protect claimants who are 
unable to provide the information by themselves.
    Statement of Need: We need these revisions in order to simplify 
policies and business processes while assisting vulnerable populations 
who may need assistance providing their intent to file and recording 
their protective filing. Amending both regulations to allow third 
parties who are assisting the potential claimants to submit a written 
statement regardless of whether the written inquiry is signed will 
protect claimants who are unable to provide the information by 
themselves.
    Anticipated Cost and Benefits: We cannot quantify costs and 
benefits at this time, but this change would allow SSA technicians to 
schedule appointments from the information submitted by the third party 
without first having to contact the potential claimant to confirm their 
intent to file nor developing for a good reason why the third party is 
providing us with the claimant's intent to file. We see benefits here 
in terms of work hours for SSA employees and in terms of protective 
filings established for vulnerable populations requiring assistance.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: Organizations.
    Government Levels Affected: None.
    Agency Contact: Crystal Ors, Policy Analyst, Social Security 
Administration, ORDP/OISP/OAESP, 6401 Social Security Boulevard, 
Baltimore, MD 21235-6401, Phone: 866 931-7110, Email: 
[email protected].
    RIN: 0960-AI69

BILLING CODE 4191-02-P

FEDERAL ACQUISITION REGULATION (FAR)

    The Federal Acquisition Regulation (FAR) was established to codify 
uniform policies for acquisition of supplies and services by executive 
agencies. It is issued and maintained jointly under the statutory 
authorities granted to the Secretary of Defense, Administrator of 
General Services, and the Administrator, National Aeronautics and Space 
Administration, known as the Federal Acquisition Regulatory Council 
(FAR Council). Overall statutory authority is found at chapters 11 and 
13 of title 41 of the United States Code.
    Pursuant to Executive Order 12866, ``Regulatory Planning and 
Review'' (September 30, 1993) and Executive Order 13563, ``Improving 
Regulation and Regulatory Review'' (January 18, 2011), the Regulatory 
Plan and Unified Agenda provide notice about the FAR Council's proposed 
regulatory and deregulatory actions within the Executive Branch. The 
Fall 2021 Unified Agenda consists of forty-seven (48) active agenda 
items.

Rulemaking Priorities

    The FAR Council is required to amend the Federal Acquisition 
Regulation to implement statutory and policy initiatives. The FAR 
Council prioritization is focused on initiatives that:
     Promote the country's economic resilience, including 
addressing COVID-related issues.
     Tackle the climate change emergency.
     Support equity and underserved communities; and
     Support national security efforts, especially safeguarding 
Federal Government information and information technology systems.

Rulemaking That Promotes Economic Resilience

    FAR Case 2021-021, ``Ensuring Adequate COVID-19 Safety Protocols 
for Federal Contractors,'' will promote economy and efficiency in 
procurement by implementing the safeguard requirements of Executive 
Order 14042, ``Ensuring Adequate COVID-19 Safety Protocols for Federal 
Contractors'' dated September 9, 2021, and the guidance published by 
the Safer Federal Workforce Task Force. Contracting with sources that 
provide adequate safeguards to their workers will decrease worker 
absence, reduce labor costs and therefore, improve the efficiency of 
contractors and subcontractors performing on Federal procurements.
    FAR Case 2021-014, ``Increasing the Minimum Wage for Contractors,'' 
will increase efficiency and cost savings in the work performed by 
parties who contract with the Federal Government by increasing the 
hourly minimum wage paid to those contractors in accordance with 
Executive Order 14026, ``Increasing the Minimum Wage for Federal 
Contractors'' dated April 27, 2021, and Department of Labor regulations 
at 29 CFR part 23.
    FAR Case 2021-008, Amendments to the FAR Buy American Act 
Requirements, will strengthen the impact of the Buy American Act 
through amendments, such as increasing the domestic content threshold 
and enhancing price preference for critical domestic products, in 
accordance with section 8 of Executive Order 14005, ``Ensuring the

[[Page 5177]]

Future is Made in All of America by All of America's Workers.''

Rulemaking That Tackles Climate Change

    FAR Case 2021-015, ``Disclosure of Greenhouse Gas Emissions and 
Climate-Related Financial Risk,'' will consider requiring major Federal 
suppliers to publicly disclose greenhouse gas emissions and climate-
related financial risk, and to set science-based reductions targets per 
section 5(b)(i) of Executive Order 14030, ``Climate-Related Financial 
Risk.''
    FAR Case 2021-016, ``Minimizing the Risk of Climate Change in 
Federal Acquisitions,'' will consider amendments to ensure major agency 
procurements minimize the risk of climate change and require 
consideration of the social cost of greenhouse gas emissions in 
procurement decisions per section 5(b)(ii) of Executive Order 14030, 
``Climate-Related Financial Risk.''

Rulemaking That Supports Equity and Underserved Communities

    FAR Case 2021-010, ``Subcontracting to Puerto Rican and Other Small 
Businesses,'' will provide contracting incentives to mentors that 
subcontract to protege firms that are Puerto Rican businesses in 
accordance with section 861 of the National Defense Authorization Act 
of Fiscal Year 2019 as implemented in the Small Business Administration 
final rule published October 16, 2020.
    FAR Case 2021-012, 8(a) Program, will implement regulatory changes 
made to the 8(a) Business Development Program by the Small Business 
Administration, in its final rule published in the Federal Register on 
October 16, 2020, which provided clarifications on offer and 
acceptance, certificate of competency and follow-on requirements.
    FAR Case 2020-013, ``Certification of Women-Owned Small 
Businesses,'' will implement the statutory requirement for 
certification of women-owned and economically disadvantaged women-owned 
small businesses participating in the Women-Owned Small Business 
Program, as implemented by the Small Business Administration in its 
final rule published May 11, 2020.
    FAR Case 2019-007, ``Update of Historically Underutilized Business 
Zone Program,'' will implement SBA's regulatory changes issued in its 
final rule published on November 26, 2019. The regulatory changes are 
intended to reduce the regulatory burden associated with the 
Historically Underutilized Business Zone (HUBZone) Program.

Rulemakings That Support National Security

    FAR Case 2021-017, ``Cyber Threat and Incident Reporting and 
Information Sharing,'' will increase the sharing of information about 
cyber threats and incident information and require certain contractors 
to report cyber incidents to the Federal Government to facilitate 
effective cyber incident response and remediation per sections 2(b), 
(c), and (g)(i) of Executive Order 14028, ``Improving the Nation's 
Cybersecurity.''
    FAR Case 2021-019, ``Standardizing Cybersecurity Requirements for 
Unclassified Information Systems,'' will standardize cybersecurity 
contractual requirements across Federal agencies for unclassified 
information systems per sections 2(i) and 8(b) of Executive Order 
14028, Improving the Nation's Cybersecurity.
    FAR Case 2020-011, ``Implementation of Issued Exclusion and Removal 
Orders,'' will implement authorities authorized by section 2020 of the 
SECURE Technology Act for the Federal Acquisition Security Council 
(FASC), the Secretary of Homeland Security, the Secretary of Defense 
and the Director of National Intelligence to issue exclusion and 
removal orders. These exclusions and removal orders are issued to 
protect national security by excluding certain covered products, 
services, or sources from the Federal supply chain.
    Dated: September 8, 2021.
    Name: William F. Clark, Director, Office of Government-wide 
Acquisition Policy, Office of Acquisition Policy, Office of Government-
wide Policy.

BILLING CODE 6820-EP-P

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Statement of Regulatory Priorities

    The U.S. Consumer Product Safety Commission is charged with 
protecting the public from unreasonable risks of death and injury 
associated with consumer products. To achieve this goal, CPSC, among 
other things:
     Develops mandatory product safety standards or bans when 
other efforts are inadequate to address a safety hazard, or where 
required by statute;
     obtains repairs, replacements, or refunds for defective 
products that present a substantial product hazard;
     develops information and education campaigns about the 
safety of consumer products;
     participates in the development or revision of voluntary 
product safety standards; and
     follows statutory mandates.
    Unless otherwise directed by congressional mandate, when deciding 
which of these approaches to take in any specific case, CPSC gathers 
and analyzes data about the nature and extent of the risk presented by 
the product. The Commission's rules at 16 CFR 1009.8 require the 
Commission to consider the following criteria, among other factors, 
when deciding the level of priority for any particular project:
     The frequency and severity of injuries;
     the causality of injuries;
     chronic illness and future injuries;
     costs and benefits of Commission action;
     the unforeseen nature of the risk;
     the vulnerability of the population at risk;
     the probability of exposure to the hazard; and
     additional criteria that warrant Commission attention.

Significant Regulatory Actions

    Currently, the Commission is considering taking action in the next 
12 months on one rule, table saws (RIN 3041-AC31), which would 
constitute a ``significant regulatory action'' under the definition of 
that term in Executive Order 12866.

BILLING CODE 6355-01-P

FEDERAL TRADE COMMISSION (FTC)

Statement of Regulatory Priorities

    The Federal Trade Commission is an independent agency charged with 
rooting out unfair methods of competition and unfair or deceptive acts 
or practices. This mission is vital to our national interest because, 
when markets are fair and competitive, honest businesses and consumers 
alike reap the rewards. The Commission is committed to deploying all 
its tools to realize this mission.

I. New Circumstances Facing the Commission

    In 2021, a number of changed circumstances caused the Commission to 
consider deploying new tools to advance its mission. First, the Supreme 
Court decided that the Commission cannot invoke its authority under 
Section 13(b) of the FTC Act to seek restitution or disgorgement in 
federal court.\3\ Second, the Commission, after

[[Page 5178]]

careful study, streamlined its own Rules of Practice, eliminating extra 
bureaucratic steps and unnecessary formalities by returning to the 
statutory text Congress enacted in section 18 of the FTC Act, which 
will make new consumer-protection rulemakings more feasible and 
efficient while still preserving robust public participation.\4\ As the 
Supreme Court noted in its decision, consumer redress remains available 
for cases that involve a consumer-protection rule violation.\5\ Third, 
the case-by-case approach to promoting competition, while necessary, 
has proved insufficient, leaving behind a hyper-concentrated economy 
whose harms to American workers, consumers, and small businesses demand 
new approaches. Accordingly, the Commission in the coming year will 
consider developing both unfair-methods-of-competition rulemakings as 
well as rulemakings to define with specificity unfair or deceptive acts 
or practices.
---------------------------------------------------------------------------

    \3\ See AMG Capital Mgmt., LLC v. FTC, 141 S. Ct. 1341, 1352 
(2021). The Commission has called on Congress to restore its ability 
to seek disgorgement and restitution. The Consumer Protection and 
Recovery Act, which would fix the adverse court ruling and restore 
the Commission's powers, passed the U.S. House of Representatives on 
July 20, 2021. See Congress.gov, H.R. 2668--Consumer Protection and 
Recovery Act, https://www.congress.gov/bill/117th-congress/house-bill/2668/actions.
    \4\ See Fed. Trade Comm'n, Statement of the Commission Regarding 
the Adoption of Revised Section 18 Rulemaking Procedures (July 9, 
2021), https://www.ftc.gov/system/files/documents/public_statements/1591786/p210100commnstmtsec18rulesofpractice.pdf.
    \5\ See AMG Capital, 141 S. Ct. at 1352.
---------------------------------------------------------------------------

    The Commission is particularly focused on developing rules that 
allow the agency to recover redress for consumers who have been 
defrauded and seek penalties for firms that engage in data abuses. The 
Commission's recent action to prohibit Made in USA labeling fraud 
offers a model for how the agency can deter the worst abuses without 
imposing burdens on honest businesses.\6\
---------------------------------------------------------------------------

    \6\ See Fed. Trade Comm'n, Made in USA Labeling Rule, 86 FR 
37022, 37032-33 (July 14, 2021) (codified at 16 CFR 323.2).
---------------------------------------------------------------------------

    Among the many pressing issues consumers confront in the modern 
economy, the abuses stemming from surveillance-based business models 
are particularly alarming. The Commission is considering whether 
rulemaking in this area would be effective in curbing lax security 
practices, limiting intrusive surveillance, and ensuring that 
algorithmic decision-making does not result in unlawful discrimination. 
Importantly, it is not only consumers that are threatened by 
surveillance-based business models but also competition.
    Over the coming year, the Commission will also explore whether 
rules defining certain ``unfair methods of competition'' prohibited by 
section 5 of the FTC Act would promote competition and provide greater 
clarity to the market. A recent Executive Order encouraged the 
Commission to consider competition rulemakings relating to non-compete 
clauses, surveillance, the right to repair, pay-for-delay 
pharmaceutical agreements, unfair competition in online marketplaces, 
occupational licensing, real-estate listing and brokerage, and 
industry-specific practices that substantially inhibit competition.\7\ 
The Commission will explore the benefits and costs of these and other 
competition rulemaking ideas.
---------------------------------------------------------------------------

    \7\ See Office of the President of the United States, Executive 
Order or Promoting Competition in the American Economy, section 
5(g), (h)(i)-(vii) (July 9, 2021), https://www.whitehouse.gov/briefing-room/presidential-actions/2021/07/09/executive-order-on-promoting-competition-in-the-american-economy/.
---------------------------------------------------------------------------

    Recently, the Commission published in the Federal Register a 
``Request for Public Comment Regarding Contract Terms that May Harm 
Fair Competition,'' which included for reference two public petitions 
for competition rulemaking the Commission has received.\8\ One of those 
petitions was to curtail the use of non-compete clauses, and the other 
was to limit exclusionary contracting by dominant firms, but the 
Commission also solicited additional examples of unfair terms. Members 
of the public filed thousands of comments, which the Commission's staff 
are carefully reviewing.
---------------------------------------------------------------------------

    \8\ See Regulations.gov, Request for Public Comment Regarding 
Contract Terms that May Harm Fair Competition, No. FTC-2021-0036, 
https://www.regulations.gov/docket/FTC-2021-0036.
---------------------------------------------------------------------------

II. Updates on Ongoing Rulemakings

a. Periodic Regulatory Review Program

    In 1992, the Commission implemented a program to review its rules 
and guides on a regular basis. The Commission's review program is 
patterned after provisions in the Regulatory Flexibility Act, 5 U.S.C. 
601-612, and complies with the Small Business Regulatory Enforcement 
Fairness Act of 1996. The Commission's review program is also 
consistent with section 5(a) of Executive Order 12866, which directs 
executive branch agencies to reevaluate periodically all their 
significant regulations.\9\ Under the Commission's program, rules and 
guides are reviewed on a 10-year schedule that results in more frequent 
reviews than are generally required by the Regulatory Flexibility Act. 
The public can obtain information on rules and guides under review and 
the Commission's regulatory review program generally at https://www.ftc.gov/enforcement/rules/retrospective-review-ftc-rules-guides.
---------------------------------------------------------------------------

    \9\ 58 FR 51735 (Sept. 30, 1993).
---------------------------------------------------------------------------

    The program provides an ongoing, systematic approach for obtaining 
information about the costs and benefits of rules and guides and 
whether there are changes that could minimize any adverse economic 
effects, not just a ``significant economic impact upon a substantial 
number of small entities.'' \10\ As part of each review, the Commission 
requests public comment on, among other things, the economic impact and 
benefits of the rule; possible conflict between the rule and state, 
local, or other federal laws or regulations; and the effect on the rule 
of any technological, economic, or other industry changes. Reviews may 
lead to the revision or rescission of rules and guides to ensure that 
the Commission's consumer protection and competition goals are achieved 
efficiently. Pursuant to this program, the Commission has rescinded 40 
rules and guides promulgated under the FTC's general authority and 
updated dozens of other rules and guides since the program's inception.
---------------------------------------------------------------------------

    \10\ 5 U.S.C. 610.
---------------------------------------------------------------------------

(1) Newly Initiated and Upcoming Periodic Reviews of Rules and Guides
    On July 2, 2021, the Commission issued an updated ten-year review 
schedule.\11\ Since the publication of the 2020 Regulatory Plan, the 
Commission has initiated or announced plans to initiate periodic 
reviews of the following rules and guides:
---------------------------------------------------------------------------

    \11\ 86 FR 35239 (July 2, 2021).
---------------------------------------------------------------------------

    Business Opportunity Rule, 16 CFR 437. During the latter part of 
2021, the Commission plans to initiate periodic review of the Business 
Opportunity Rule as part of the Commission's systematic review of all 
current Commission rules and guides. The Commission plans to seek 
comments on, among other things, the economic impact, and benefits of 
this rule; possible conflict between the rule and State, local, or 
other Federal laws or regulations; and the effect on the rule of any 
technological, economic, or other industry changes. Effective in 2012, 
the Rule requires business-opportunity sellers to furnish prospective 
purchasers a disclosure document that provides information regarding 
the seller, the seller's business, and the nature of the proposed 
business opportunity, as well as additional information to substantiate 
any claims about actual or potential sales, income, or profits for a 
prospective business-opportunity

[[Page 5179]]

purchaser. The seller must also preserve information that forms a 
reasonable basis for such claims.
    Power Output Claims for Amplifiers Utilized in Home Entertainment 
Products, 16 CFR 432. On December 18, 2020, the Commission initiated 
periodic review of the Amplifier Rule (officially Power Output Claims 
for Amplifiers Utilized in Home Entertainment Products Rule).\12\ The 
Commission sought comments on, among other things, the economic impact, 
and benefits of this Rule; possible conflict between the Rule and 
State, local, or other Federal laws or regulations; and the effect on 
the Rule of any technological, economic, or other industry changes. 
Staff anticipates submitting a recommendation for further action to the 
Commission by February 2022. The Amplifier Rule establishes uniform 
test standards and disclosures so that consumers can make more 
meaningful comparisons of amplifier-equipment performance attributes.
---------------------------------------------------------------------------

    \12\ 85 FR 82391 (Dec. 18, 2020).
---------------------------------------------------------------------------

    Hart-Scott-Rodino Antitrust Improvements Act Coverage, Exemption, 
and Transmittal Rules, 16 CFR 801-803. On December 1, 2020, the 
Commission initiated the periodic review of the Hart-Scott-Rodino 
Antitrust Improvements Act Coverage, Exemption, and Transmittal Rules 
(HSR Rules) as part of the Commission's systematic review of all 
current Commission rules and guides.\13\ The comment period closed on 
February 1, 2021, and staff is now reviewing the comments. The HSR 
Rules and the Antitrust Improvements Act Notification and Report Form 
(HSR Form) were adopted pursuant to section 7(A) of the Clayton Act, 
which requires firms of a certain size contemplating mergers, 
acquisitions, or other transactions of a specified size to file 
notification with the FTC and the DOJ and to wait a designated period 
before consummating the transaction.
---------------------------------------------------------------------------

    \13\ 85 FR 77042 (Dec. 1, 2020).
---------------------------------------------------------------------------

    During the first quarter of 2022, staff anticipates that the 
Commission will propose a rulemaking to update the HSR Form and 
Instructions to the new cloud-based, e-filing system, which will 
eliminate paper filings.
    Guides. During the calendar year of 2022, the Commission plans to 
initiate periodic review of the Guides Against Deceptive Pricing, 16 
CFR 233, the Guides, 16 CFR 238, the Guide Concerning Use of the Word 
``Free'' and Similar Representations, 16 CFR 251, and the Guides for 
the Use of Environmental Marketing Claims, 16 CFR 260.
(2) Ongoing Periodic Reviews of Rules and Guides
    The following proceedings for the retrospective review of 
Commission rules and guides described in the 2020 Regulatory Plan are 
ongoing:
    Children's Online Privacy Protection Rule, 16 CFR 312. On July 25, 
2019, the Commission issued a request for public comment on its 
Children's Online Privacy Protection Rule (COPPA Rule).\14\ Although 
the Commission's last COPPA Rule review ended in 2013, the Commission 
initiated this review early in light of changes in the marketplace. 
Following an extension, the public comment period closed on December 9, 
2019.\15\ The FTC sought comment on all major provisions of the COPPA 
Rule, including its definitions, notice and parental-consent 
requirements, exceptions to verifiable parental consent, and safe-
harbor provision. The FTC hosted a public workshop to address issues 
raised during the review of the COPPA Rule on October 7, 2019. Staff is 
analyzing and reviewing public comments.
---------------------------------------------------------------------------

    \14\ 84 FR 35842 (July 25, 2019).
    \15\ 84 FR 56391 (Oct. 22, 2019).
---------------------------------------------------------------------------

    Endorsement Guides, 16 CFR 255. On February 21, 2020, the 
Commission initiated a periodic review of the Endorsement Guides.\16\ 
The comment period, as extended, closed on June 22, 2020.\17\ FTC staff 
is currently reviewing the comments received. The Guides are designed 
to assist businesses and others in conforming their endorsement and 
testimonial advertising practices to the requirements of the FTC Act. 
Among other things, the Endorsement Guides provide that if there is a 
connection between an endorser and the marketer that consumers would 
not expect and it would affect how consumers evaluate the endorsement, 
that connection should be disclosed. The advertiser must also possess 
and rely on adequate substantiation to support claims made through 
endorsements in the same manner the advertiser would be required to do 
if it had made the representation directly.
---------------------------------------------------------------------------

    \16\ 85 FR 10104 (Feb. 21, 2020).
    \17\ 85 FR 19709 (Apr. 8, 2020).
---------------------------------------------------------------------------

    Franchise Rule, 16 CFR 436. On March 15, 2019, the Commission 
initiated periodic review of the Franchise Rule (officially titled, 
Disclosure Requirements and Prohibitions Concerning Franchising).\18\ 
The comment period closed on April 21, 2019. The Commission then held a 
public workshop on November 10, 2020. The closing date for written 
comments related to the issues discussed at the workshop was December 
17, 2020.\19\ The Rule is intended to give prospective purchasers of 
franchises the material information they need to weigh the risks and 
benefits of such an investment. The Rule requires franchisors to 
provide all potential franchisees with a disclosure document containing 
23 specific items of information about the offered franchise, its 
officers, and other franchisees. Required disclosure topics include, 
for example, the franchise's litigation history; past and current 
franchisees and their contact information; any exclusive territory that 
comes with the franchise; assistance the franchisor provides 
franchisees; and the cost of purchasing and starting up a franchise.
---------------------------------------------------------------------------

    \18\ 84 FR 9051 (Mar. 13, 2019).
    \19\ 85 FR 55850 (Sept. 10, 2020).
---------------------------------------------------------------------------

    Funeral Rule, 16 CFR 453. On February 14, 2020, the Commission 
initiated a periodic review of the Funeral Industry Practices Rule 
(Funeral Rule).\20\ The comment period as extended closed on June 15, 
2020.\21\ Commission staff is reviewing the comments received and 
anticipates submitting a recommendation for further action to the 
Commission by early 2022. The Rule, which became effective in 1984, 
requires sellers of funeral goods and services to give price lists to 
consumers who visit a funeral home.
---------------------------------------------------------------------------

    \20\ 85 FR 8490 (Feb. 14, 2020).
    \21\ 85 FR 20453 (Apr. 13, 2020).
---------------------------------------------------------------------------

    Health Breach Notification Rule, 16 CFR 318. On May 22, 2020, the 
Commission initiated a periodic review of the Health Breach 
Notification Rule.\22\ The comment period closed on August 20, 2020. 
Commission staff has reviewed the comments and intends to submit a 
recommendation to the Commission by January 2022. The Rule requires 
vendors of personal health records (PHR) and PHR-related entities to 
provide: (1) Notice to consumers whose unsecured personally 
identifiable health information has been breached; and (2) notice to 
the Commission. Under the Rule, vendors must notify both the FTC and 
affected consumers whose information has been affected by a breach 
``without unreasonable delay and in no case later than 60 calendar 
days'' after discovery of a data breach. Among other information, the 
notices must provide consumers with steps they can take to protect 
themselves from harm.
---------------------------------------------------------------------------

    \22\ 85 FR 31085 (May 22, 2020).
---------------------------------------------------------------------------

    Identity Theft Rules, 16 CFR 681. In December 2018, the Commission 
initiated a periodic review of the

[[Page 5180]]

Identity Theft Rules, which include the Red Flags Rule and the Card 
Issuer Rule.\23\ FTC staff is reviewing the comments received and 
anticipates sending a recommendation to the Commission by January 2022. 
The Red Flags Rule requires financial institutions and creditors to 
develop and implement a written identity theft prevention program (a 
Red Flags Program). By identifying red flags for identity theft in 
advance, businesses can be better equipped to spot suspicious patterns 
that may arise and take steps to prevent potential problems from 
escalating into a costly episode of identity theft. The Card Issuer 
Rule requires credit and debit card issuers to implement reasonable 
policies and procedures to assess the validity of a change of address 
if they receive notification of a change of address for a consumer's 
debit or credit card account and, within a short period of time 
afterwards, also receive a request for an additional or replacement 
card for the same account.
---------------------------------------------------------------------------

    \23\ 83 FR 63604 (Dec. 11, 2018).
---------------------------------------------------------------------------

    Leather Guides, 16 CFR 24. On March 6, 2019, the Commission 
initiated periodic review of the Leather Guides, formally known as the 
Guides for Select Leather and Imitation Leather Products.\24\ The 
comment period closed on April 22, 2019, and staff anticipates 
submitting a recommendation for further action to the Commission by 
December 2021. The Leather Guides apply to the manufacture, sale, 
distribution, marketing, or advertising of leather or simulated leather 
purses, luggage, wallets, footwear, and other similar products. The 
Guides address misrepresentations regarding the composition and 
characteristics of specific leather and imitation leather products.
---------------------------------------------------------------------------

    \24\ 84 FR 8045 (Mar. 6, 2019).
---------------------------------------------------------------------------

    Negative Option Rule, 16 CFR 425. On October 2, 2019, the 
Commission issued an Advance Notice of Proposed Rulemaking (ANPRM) 
seeking public comment on the effectiveness and impact of the Trade 
Regulation Rule on Use of Prenotification Negative Option Plans 
(Negative Option Rule).\25\ The Negative Option Rule helps consumers 
avoid recurring payments for products and services they did not intend 
to order and to allow them to cancel such payments without unwarranted 
obstacles. The Commission is studying various options, but the next 
expected action is undetermined.
---------------------------------------------------------------------------

    \25\ 84 FR 52393 (Oct. 2, 2019).
---------------------------------------------------------------------------

    Telemarketing Sales Rule (TSR), 16 CFR 310. On August 11, 2014, the 
Commission initiated a periodic review of the TSR as set out on the 10-
year review schedule.\26\ The comment period as extended closed on 
November 13, 2014.\27\ Staff anticipates making a recommendation to the 
Commission by November 2021.
---------------------------------------------------------------------------

    \26\ 79 FR 46732 (Aug. 11, 2014).
    \27\ 79 FR 61267 (Oct. 10, 2014).
---------------------------------------------------------------------------

b. Proposed Rules

    Since the publication of the 2020 Regulatory Plan, the Commission 
has initiated or plans to take further steps as described below in the 
following rulemaking proceedings:
    Care Labeling Rule, 16 CFR 423. On July 23, 2020, the Commission 
issued a Supplemental Notice of Proposed Rulemaking seeking comment on 
a proposed repeal of the Rule.\28\ On July 21, 2021, the Commission 
voted to retain the Care Labeling Rule (officially the Rule on Care 
Labeling of Textile Apparel and Certain Piece Goods as Amended) to 
ensure American consumers continue to get accurate information on how 
to take care of their fabrics and extend the life of their clothes. In 
a public statement, the Commission also indicated that it would 
continue to consider ways to improve the Rule to the benefit of 
families and businesses. Promulgated in 1971, the Care Labeling Rule 
makes it an unfair or deceptive act or practice for manufacturers and 
importers of textile wearing apparel and certain piece goods to sell 
these items without attaching care labels stating what regular care is 
needed for the ordinary use of the product. The Rule also requires that 
the manufacturer or importer possess, prior to sale, a reasonable basis 
for the care instructions and allows the use of approved care symbols 
in lieu of words to disclose care instructions.
---------------------------------------------------------------------------

    \28\ 85 FR 44485 (July 23, 2020).
---------------------------------------------------------------------------

    Energy Labeling Rule, 16 CFR 305. The Energy Labeling Rule requires 
energy labeling for major home appliances and other consumer products 
to help consumers compare the energy usage and costs of competing 
models. Staff anticipates sending the Commission a recommendation to 
update comparability ranges for 16 CFR 305.12 by April 2022.\29\
---------------------------------------------------------------------------

    \29\ See Final Actions below for information about a separate 
completed rulemaking proceeding for the Energy Labeling Rule.
---------------------------------------------------------------------------

    Eyeglass Rule, 16 CFR 456. As part of the systematic review 
process, the Commission issued a Federal Register notice seeking public 
comments about the Trade Regulation Rule on Ophthalmic Practice Rules 
(Eyeglass Rule) on September 3, 2015.\30\ The comment period closed on 
October 26, 2015. Commission staff has completed the review of 831 
comments on the Eyeglass Rule and anticipates sending a recommendation 
for further Commission action by November 2021. The Eyeglass Rule 
requires that an optometrist or ophthalmologist give the patient, at no 
extra cost, a copy of the eyeglass prescription immediately after the 
examination is completed. The Rule also prohibits optometrists and 
ophthalmologists from conditioning the availability of an eye 
examination, as defined by the Rule, on a requirement that the patient 
agree to purchase ophthalmic goods from the optometrist or 
ophthalmologist.
---------------------------------------------------------------------------

    \30\ 80 FR 53274 (Sept. 3, 2015).
---------------------------------------------------------------------------

    Safeguards Rule (Standards for Safeguarding Customer Information), 
16 CFR 314. The FTC's Safeguards Rule, which was issued under the 
Gramm-Leach-Bliley Act, requires each financial institution subject to 
the FTC's jurisdiction to assess risks and develop a written 
information security program that is appropriate to its size and 
complexity, the nature and scope of its activities, and the sensitivity 
of the customer information at issue. On October 27, 2021, the 
Commission announced the issuance of a Supplemental Notice of Proposed 
Rulemaking that proposes to further amend the Safeguards Rule to 
require financial institutions to report to the Commission any security 
event where the financial institutions have determined misuse of 
customer information has occurred or is reasonably likely and that at 
least 1,000 consumers have been affected or reasonably may be affected. 
The comment period closes 60 days after publication in the Federal 
Register.\31\
---------------------------------------------------------------------------

    \31\ See Final Actions below for information about a separate 
completed rulemaking proceeding for the Safeguards Rule.
---------------------------------------------------------------------------

c. Final Actions

    Since the publication of the 2020 Regulatory Plan, the Commission 
has issued the following final agency actions in rulemaking 
proceedings:
    Energy Labeling Rule, 16 CFR 305. On February 12, 2021, the 
Commission published a final rule that establishes EnergyGuide labels 
for portable air conditioners and requires manufacturers to label 
portable air conditioner units produced after October 1, 2022.\32\ The 
Commission also updated the Rule in conformity with new DoE energy 
descriptors for central air conditioner units that will become 
effective on January 1, 2023. Additionally, on October 20, 2021, the 
Commission issued a final rule updating the comparability ranges and 
sample labels

[[Page 5181]]

for central air conditioners.\33\ The amendments are effective on 
January 1, 2023.\34\
---------------------------------------------------------------------------

    \32\ 86 FR 9274 (Feb. 12, 2021).
    \33\ Final Rule, 86 FR 57985 (Oct. 20, 2021); NPRM, 86 FR 29533 
(June 2, 2021).
    \34\ See (2) Ongoing Periodic Reviews of Rules and Guides (b) 
Proposed Rules for information about a separate and ongoing 
rulemaking under the Energy Labeling Rule.
---------------------------------------------------------------------------

    Fair Credit Reporting Act Rules, 16 CFR 640-642, 660, and 680. On 
September 8, 2021, the Commission announced final rules for each of 
these Rule reviews that included revisions to the Rules to correspond 
to changes to the Fair Credit Reporting Act made by the Dodd-Frank Act. 
The final rules were effective 30 days after publication in the Federal 
Register. These rules include: Duties of Creditors Regarding Risk-Based 
Pricing, 16 CFR 640 \35\; Duties of Users of Consumer Reports Regarding 
Address Discrepancies, 16 CFR 641 \36\; Prescreen Opt-Out Notice, 16 
CFR 642 \37\; Duties of Furnishers of Information to Consumer Reporting 
Agencies, 16 CFR 660 \38\; and Affiliate Marketing, 16 CFR 680.\39\
---------------------------------------------------------------------------

    \35\ Final Rule (16 CFR 640), 86 FR 51795 (Sept. 17, 2021); 
NPRM, 85 FR 63462 (Oct. 8, 2020).
    \36\ Final Rule (16 CFR 641), 86 FR 51817 (Sept. 17, 2021); 
NPRM, 85 FR 57172 (Sept. 15, 2020).
    \37\ Final Rule (16 CFR 642), 86 FR 50848 (Sept. 13, 2021); 
NPRM, 85 FR 59226 (Sept. 21, 2020).
    \38\ Final Rule (16 CFR 660), 86 FR 51819 (Sept. 17, 2021); 
NPRM, 85 FR 61659 (Sept. 30, 2020).
    \39\ Final Rule (16 CFR 680), 86 FR 51609 (Sep. 16, 2021); NPRM, 
85 FR 59466 (Sept. 22, 2020).
---------------------------------------------------------------------------

    Made in USA Labeling Rule, 16 CFR 323. On July 14, 2021, the 
Commission issued a final rule that codified the FTC's longstanding 
enforcement policy statement regarding U.S.-origin claims.\40\ The rule 
was effective on August 13, 2021. The Rule prohibits marketers from 
making unqualified MUSA claims on labels unless final assembly or 
processing of the product occurs in the United States; all significant 
processing that goes into the product occurs in the United States; and 
all or virtually all ingredients or components of the product are made 
and sourced in the United States. The rule does not impose any new 
requirements on businesses. By codifying this guidance into a formal 
rule, the Commission can increase deterrence of Made in USA fraud and 
seek restitution for victims. The final rule included a provision 
allowing marketers to seek exemptions if they have evidence showing 
their unqualified Made-in-USA claims are not deceptive.
---------------------------------------------------------------------------

    \40\ 86 FR 37022 (July 14, 2021).
---------------------------------------------------------------------------

    Privacy of Consumer Financial Information Rule, 16 CFR 313. The 
Privacy of Consumer Financial Information Rule (Rule) requires, among 
other things, that certain motor vehicle dealers provide an annual 
disclosure of their privacy policies to their customers by hand 
delivery, mail, electronic delivery, or through a website, but only 
with the consent of the consumer. On October 27, 2021, the Commission 
announced the issuance of a final rule to, among other changes, revise 
the Rule's scope, modify the Rule's definitions of ``financial 
institution'' and ``federal functional regulator,'' and update the 
Rule's annual customer privacy notice requirement.\41\ This action was 
necessary to conform the Rule to the current requirements of the Gramm-
Leach-Bliley Act. The amendments will be effective 30 days after 
publication in the Federal Register.
---------------------------------------------------------------------------

    \41\ Final Rule, 86 FR ---- (---- --, 2021); NPRM, 84 FR 13150 
(Apr. 4, 2019).
---------------------------------------------------------------------------

    The Prohibition of Energy Market Manipulation Rule, 16 CFR 317. On 
March 2, 2021, the Commission completed its regulatory review and 
issued a Federal Register Notice confirming that the Rule was being 
retained without modification.\42\
---------------------------------------------------------------------------

    \42\ 86 FR 12091 (Mar. 2, 2021).
---------------------------------------------------------------------------

    Safeguards Rule (Standards for Safeguarding Customer Information), 
16 CFR 314. The FTC's Safeguards Rule, which was issued under the 
Gramm-Leach-Bliley Act, requires each financial institution subject to 
the FTC's jurisdiction to assess risks and develop a written 
information security program that is appropriate to its size and 
complexity, the nature and scope of its activities, and the sensitivity 
of the customer information at issue. On October 27, 2021, the 
Commission announced the issuance of a final rule that, among other 
amendments, provides additional requirements for financial 
institutions' information security programs. The final rule also 
expands the definition of ``financial institution'' to include entities 
that are significantly engaged in activities that are incidental to 
financial activities, so that the rules would cover ``finders''--for 
example, companies that serve as lead generators for payday loan 
companies or mortgage companies. Certain provisions of the amendments, 
set forth in section 314.5 of the final rule, will be effective one 
year after the publication of the final rule in the Federal Register. 
The remainder of the amendments are effective 30 days after Federal 
Register publication.\43\
---------------------------------------------------------------------------

    \43\ See (2) Ongoing Periodic Reviews of Rules and Guides (b) 
Proposed Rules for information about a separate and ongoing 
rulemaking under the Safeguards Rule.
---------------------------------------------------------------------------

d. Significant Regulatory Actions

    The Commission has no proposed rule that would be a ``significant 
regulatory action'' under the definition in Executive Order 12866. The 
Commission also has no proposed rule that would have significant 
international impacts, or any international regulatory cooperation 
activities that are reasonably anticipated to lead to significant 
regulations, as defined in Executive Order 13609.

Summary

    The actions under consideration advance the Commission's mission by 
informing and protecting consumers while minimizing burdens on honest 
businesses. The Commission continues to identify and weigh the costs 
and benefits of proposed regulatory actions and possible alternative 
actions.

BILLING CODE 6750-01-P

NATIONAL INDIAN GAMING COMMISSION (NIGC)

Statement of Regulatory Priorities

    In 1988, Congress adopted the Indian Gaming Regulatory Act (IGRA) 
(Pub L. 100-497, 102 Stat. 2475) with a primary purpose of providing 
``a statutory basis for the operation of gaming by Indian tribes as a 
means of promoting tribal economic development, self-sufficiency, and 
strong tribal governments.'' IGRA established the National Indian 
Gaming Commission (NIGC or the Commission) to protect such gaming, 
amongst other things, as a means of generating tribal revenue for 
strengthening tribal governance and tribal communities.
    At its core, Indian gaming is a function of sovereignty exercised 
by tribal governments. In addition, the Federal government maintains a 
government-to-government relationship with the tribes--a responsibility 
of the NIGC. Thus, while the Agency is committed to strong regulation 
of Indian gaming, the Commission is equally committed to strengthening 
government-to-government relations by engaging in meaningful 
consultation with tribes to fulfill IGRA's intent. The NIGC's vision is 
to adhere to principles of good government, including transparency to 
promote agency accountability and fiscal responsibility, to operate 
consistently to ensure fairness and clarity in the administration of 
IGRA, and to respect the responsibilities of each sovereign in order to 
fully promote tribal economic development, self-sufficiency, a strong 
workforce, and strong tribal governments.

[[Page 5182]]

Retrospective Review of Existing Regulations

    As an independent regulatory agency, the NIGC has been performing a 
retrospective review of its existing regulations. The NIGC recognizes 
the importance of Executive Order 13563, issued on January 18, 2011, 
and its regulatory review is being conducted in the spirit of Executive 
Order 13563, to identify those regulations that may be outmoded, 
ineffective, insufficient, or excessively burdensome and to modify, 
streamline, expand, or repeal them in accordance with input from the 
public. In addition, as required by Executive Order 13175, issued on 
November 6, 2000, the Commission has been conducting government-to-
government consultations with tribes regarding each regulation's 
relevancy, consistency in application, and limitations or barriers to 
implementation, based on the tribes' experiences. The consultation 
process is also intended to result in the identification of areas for 
improvement and needed amendments, if any, new regulations, and the 
possible repeal of outdated regulations.
    The following Regulatory Identifier Numbers (RINs) have been 
identified as associated with the review:

------------------------------------------------------------------------
                RIN                                 Title
------------------------------------------------------------------------
3141-AA32..........................  Definitions.
3141-AA70..........................  Class II Minimum Internal Control
                                      Standards.
3141-AA58..........................  Management Contracts.
3141-AA69..........................  Class II Minimum Technical
                                      Standards.
3141-AA71..........................  Background and Licensing.
3141-AA68..........................  Audit Regulations.
3141-AA72..........................  Self-Regulation of Gaming
                                      Activities.
3141-AA73..........................  Gaming Ordinance Submission
                                      Requirements.
3141-AA74..........................  Substantial Violations List.
3141-AA75..........................  Appeals to Commission.
3141-AA76..........................  Facility License Notifications and
                                      Submissions.
3141-AA77..........................  Fees.
3141-AA79..........................  Suspensions of Gaming Licenses for
                                      Key Employees and Primary
                                      Management Officials.
3141-AA80..........................  Fee Rate Assessment, Reporting, and
                                      Calculation Guidelines for Self
                                      Regulated Tribes.
3141-AA81..........................  Orders of Temporary Closure.
------------------------------------------------------------------------

    More specifically, the NIGC is currently considering promulgating 
new regulations in the following areas: (i) Amendments to its 
regulatory definitions to conform to the newly-promulgated rules; (ii) 
updates or revisions to its management contract regulations to address 
the current state of the industry; (iii) updates or revisions to the 
existing audit regulations to reduce cost burdens for small or 
charitable gaming operations; (iv) the review and revision of the 
minimum technical standards for Class II gaming; (v) the review and 
revision of the minimum internal control standards (MICS) for Class II 
gaming; (vi) background and licensing; (vii) self-regulation of Class 
II gaming activities; (viii) gaming ordinance submission requirements; 
(ix) substantial violations; (x) appeals to the Commission; (xi) 
facility license notification and submission; (xii) fees; (xiii) 
updating its regulations concerning suspension of licenses issued to 
Key Employees and Primary Management Officials who the NIGC determines 
are not eligible for employment; (xiv) amending its regulations 
concerning fee rate assessment, carry over status reporting process, 
budget commitments for maintaining transition funds, and fee rate 
calculation guidelines for self-regulated tribes; (xv) amending a 
substantial violations identified in its regulations to provide that 
closure for a tribe's failure to construct and operate its gaming 
operation in a manner that adequately protects the environment, public 
health, and safety includes issues related to cyber-security.
    NIGC is committed to staying up-to-date on developments in the 
gaming industry, including best practices and emerging technologies. 
Further, the Commission aims to continue reviewing its regulations to 
determine whether they are overly burdensome to tribes and industry 
stakeholders, including smaller or rural operations. The NIGC 
anticipates that the ongoing consultations with tribes will continue to 
play an important role in the development of the NIGC's rulemaking 
efforts.

BILLING CODE 7565-01-P

U.S. NUCLEAR REGULATORY COMMISSION

Statement of Regulatory Priorities for Fiscal Year 2022

I. Introduction

    Under the authority of the Atomic Energy Act of 1954, as amended, 
and the Energy Reorganization Act of 1974, as amended, the U.S. Nuclear 
Regulatory Commission (NRC) regulates the possession and use of source, 
byproduct, and special nuclear material. Our regulatory mission is to 
license and regulate the Nation's civilian use of byproduct, source, 
and special nuclear materials to ensure adequate protection of public 
health and safety and promote the common defense and security. As part 
of our mission, we regulate the operation of nuclear power plants and 
fuel-cycle plants; the safeguarding of nuclear materials from theft and 
sabotage; the safe transport, storage, and disposal of radioactive 
materials and wastes; the decommissioning and safe release for other 
uses of licensed facilities that are no longer in operation; and the 
medical, industrial, and research applications of nuclear material. In 
addition, we license the import and export of radioactive materials.
    As part of our regulatory process, we routinely conduct 
comprehensive regulatory analyses that examine the costs and benefits 
of contemplated regulations. We have developed internal procedures and 
programs to ensure that we impose only necessary requirements on our 
licensees and to review existing regulations to determine whether the 
requirements imposed are still necessary.
    Our regulatory priorities for fiscal year (FY) 2022 reflect our 
safety and security mission and will enable us to achieve our two 
strategic goals described in NUREG-1614, Volume 7, ``Strategic Plan: 
Fiscal Years 2018-2022'' (https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1614/v7/) (1) to ensure the safe use of 
radioactive materials, and (2) to ensure the secure use of radioactive 
materials.

[[Page 5183]]

II. Regulatory Priorities

    This section contains information on some of our most important and 
significant regulatory actions that we are considering issuing in 
proposed or final form during FY 2022. The NRC's high-priority 
rulemaking titled ``Risk-Informed, Technology Inclusive Regulatory 
Framework for Advanced Reactors (RIN 3150-AK31; NRC-2019-0062)'' is not 
included in this report due to the timeframe for reporting, as the 
agency will not be publishing it in proposed or final form during FY 
2022. The proposed rule is expected to be published in FY 2023. For 
additional information on NRC rulemaking activities and on a broader 
spectrum of our upcoming regulatory actions, see our portion of the 
Unified Agenda of Regulatory and Deregulatory Actions. We also provide 
additional information on planned rulemaking and petition for 
rulemaking activities, including priority and schedule, on our website 
at https://www.nrc.gov/about-nrc/regulatory/rulemaking/rules-petitions.html.

A. NRC's Priority Rulemakings

Proposed Rules
    Advanced Nuclear Reactor Generic Environmental Impact Statement 
(RIN 3150-AK55; NRC-2020-0101): This rule would amend the regulations 
that govern the NRC's environmental reviews under National 
Environmental Policy Act (NEPA) by codifying the findings of the 
advanced nuclear reactor generic environmental impact statement.
    Alternative Physical Security Requirements for Advanced Reactors 
(RIN 3150-AK19; NRC-2017-0227): This rule would amend the NRC's 
physical security requirements for small modular reactors and other 
advanced reactor technologies.
    Cyber Security for Fuel Facilities (RIN 3150-AJ64; NRC-2015-0179): 
This rule would amend the NRC's regulations to add cyber security 
requirements for certain nuclear fuel cycle facility applicants and 
licensees.
Final Rules
    American Society of Mechanical Engineers 2019-2020 Code Editions 
(RIN 3150-AK22; NRC-2018-0290): This rule will incorporate by reference 
into the NRC's regulations the 2019 and 2020 Editions of the Boiler and 
Pressure Vessel Code and the Operations and Maintenance Code.
    Emergency Preparedness Requirements for Small Modular Reactors and 
Other New Technologies (RIN 3150-AJ68; NRC-2015-0225): This rule will 
amend the regulations to add new emergency preparedness requirements 
for small modular reactors and other new technologies such as non-
light-water reactors and non-power production or utilization 
facilities.
    NuScale Small Modular reactor Design Certification (RIN 3150-AJ98; 
NRC-2017-0029): This rulemaking will amend the NRC's regulations to 
incorporate the NuScale small modular reactor standard plant design.

B. Significant Final Rules

    The following rulemaking activity meets the requirements of a 
significant regulatory action in Executive Order 12866, ``Regulatory 
Planning and Review,'' because it is likely to have an annual effect on 
the economy of $100 million or more.
    Revision of Fee Schedules: Fee Recovery for FY 2022 (RIN 3150-AK44; 
NRC-2020-0031): This rule will amend the NRC's fee schedules for 
licensing, inspection, and annual fees charged to its applicants and 
licensees.

NRC

Proposed Rule Stage

175. Cyber Security at Fuel Cycle Facilities [NRC-2015-0179]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
    CFR Citation: 10 CFR 40; 10 CFR 70; 10 CFR 73.
    Legal Deadline: None.
    Abstract: This rulemaking would amend the NRC's regulations to add 
cyber security requirements for certain nuclear fuel cycle facility 
applicants and licensees. The rule would require certain fuel cycle 
facilities to establish, implement, and maintain a cyber security 
program that is designed to protect public health and safety and the 
common defense and security. It would affect fuel cycle applicants or 
licensees that are or plan to be authorized to: (1) Possess greater 
than a critical mass of special nuclear material and perform activities 
for which the NRC requires an integrated safety analysis or (2) engage 
in uranium hexafluoride conversion or deconversion.
    Statement of Need: The NRC currently does not have a comprehensive 
regulatory framework for addressing cyber security at fuel cycle 
facilities (FCFs). Each FCF licensee is subject to either design basis 
threats (DBTs) or to the Interim Compensatory Measures (ICM) Orders 
issued to all FCF licensees subsequent to the events of September 11, 
2001. Both the DBTs and the ICM Orders contain a provision that these 
licensees include consideration of a cyber attack when considering 
security vulnerabilities. However, the NRC's current regulations do not 
provide specific requirements or guidance on how to implement these 
performance objectives. Since the issuance of the ICM Orders and the 
2007 DBT rulemaking, the threats to digital assets have increased both 
globally and nationally. Cyber attacks have increased in number, become 
more sophisticated, resulted in physical consequences, and targeted 
digital assets similar to those used by FCF licensees. The rulemaking 
would establish requirements for FCF licensees to establish, implement, 
and maintain a cyber security program to detect, protect against, and 
respond to a cyber attack capable of causing a consequence of concern. 
The design of this cyber security program would provide flexibility to 
account for the various types of FCFs, promote common defense and 
security, and provide reasonable assurance that the public health and 
safety remain adequately protected against the evolving risk of cyber 
attacks.
    Summary of Legal Basis: The legal basis for the proposed action is 
42 U.S.C. 2201 and 42 U.S.C. 5841.
    Alternatives: As an alternative to the rulemaking, the NRC staff 
considered the ``no-action'' alternative. Under this option the NRC 
would not modify 10 CFR part 73. The NRC considered a number of 
additional approaches to improving cyber security at FCFs, including 
issuing generic communications, developing new guidance documents, and 
revising existing inspection modules or enforcement guidance. Because 
these approaches would not fully address the regulatory issues, the NRC 
did not evaluate them as alternatives to the proposed action. Because 
the Commission had previously rejected the issuance of orders to 
resolve these regulatory issues, orders were not evaluated as an 
alternative for this rulemaking.
    Anticipated Cost and Benefits: The NRC evaluated the provisions of 
the proposed rule in the Regulatory Basis and concluded that the 
provisions provide a substantial increase in the overall protection of 
public health and safety through effective implementation of the cyber 
security program to prevent safety consequences of concern. The 
analysis further demonstrated that the costs for the proposed rule 
provisions are cost justified for the additional protection provided.
    Risks: In the absence of specific NRC requirements, FCF licensees 
have

[[Page 5184]]

implemented limited, ad hoc, voluntary cyber security measures. 
Voluntary cyber security measures do not include a complete set of 
controls for digital assets, which leaves facilities susceptible to 
potential vulnerabilities and the programs may not be enforceable 
unless licensees incorporate them into their licensing basis. This may 
result in a cyber security program that is unable to adequately address 
the evolving cyber security threat confronting FCF licensees.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Draft Regulatory Basis..............   09/04/15  80 FR 53478
Draft Regulatory Basis Comment         10/05/15
 Period End.
Final Regulatory Basis..............   04/12/16  81 FR 21449
NPRM................................   12/00/21
Final Rule..........................   10/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Additional Information: The proposed rule was provided to the 
Commission on October 4, 2017 (SECY-17-0099), (ADAMS Package Accession 
No. ML17018A218).
    Agency Contact: Irene Wu, Nuclear Regulatory Commission, Office of 
Nuclear Material Safety and Safeguards, Washington, DC 20555-0001, 
Phone: 301 415-1951, Email: [email protected].
    RIN: 3150-AJ64

NRC

176. Alternative Physical Security Requirements for Advanced Reactors 
[NRC-2017-0227]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
    CFR Citation: 10 CFR 73.
    Legal Deadline: None.
    Abstract: This rule would amend the NRC's physical security 
requirements for small modular reactors and other advanced reactor 
technologies. This rulemaking would establish voluntary alternative 
physical security requirements commensurate with the potential 
consequences to public health and safety and the common defense and 
security. This rulemaking would provide regulatory stability, 
predictability, and clarity in the licensing process and minimize or 
eliminate uncertainty for applicants who might otherwise request 
exemptions from the regulations.
    Statement of Need: Required by NEIMA.
    Summary of Legal Basis: Policy Statement on the Regulation of 
Advanced Reactors, published in the Federal Register (FR) on October 
14, 2008 (73 FR 60612). Staff Requirements Memorandum (SRM)-SECY-18-
0076, dated November 19, 2018, (ADAMS Accession No. ML18324A478), the 
Commission approved the staff's recommendation to initiate a limited-
scope rulemaking.
    Alternatives: SECY-18-0076, Options and Recommendation for Physical 
Security for Advanced Reactors, dated August 1, 2018, (ADAMS Accession 
No. ML18170A051), presenting alternatives and a recommendation to the 
Commission on possible changes to the regulations and guidance related 
to physical security for advanced reactors (light-water small modular 
reactors and non-light-water reactors). The staff evaluated the 
advantages and disadvantages of each alternative and recommended a 
limited-scope rulemaking to further assess and, if appropriate, revise 
a limited set of NRC regulations. The staff also recommended developing 
necessary guidance to address performance criteria for which the 
alternative requirements may be applied for advanced reactor license 
applicants.
    Anticipated Cost and Benefits: The estimated benefits of the 
proposed action include (1) fewer exemption requests as compared to 
those made under current regulations, (2) fewer security staff or other 
security features compared to those currently required by 10 CFR 73.55 
commensurate with offsite consequences and radiation risks to public 
health and safety, (3) consistent regulatory applicability in the 
review of physical security plans in accordance with 10 CFR part 73, 
and (4) potential use of a more risk-informed, performance-based 
physical security framework.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Regulatory Basis....................   07/16/19  84 FR 33861
Comment Period End..................   08/15/19
NPRM................................   12/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Additional Information: NRC is not issuing a final regulatory basis 
and will address public comments on the regulatory basis (84 FR 33861) 
in the proposed rule.
    Agency Contact: Dennis Andrukat, Nuclear Regulatory Commission, 
Office of Nuclear Material Safety and Safeguards, Washington, DC 20555-
0001, Phone: 301 415-3561, Email: [email protected].
    RIN: 3150-AK19

NRC

177. Revision of Fee Schedules: Fee Recovery for FY 2022 [NRC-2020-
0031]

    Priority: Economically Significant. Major under 5 U.S.C. 801.
    Legal Authority: 31 U.S.C. 483; 42 U.S.C. 2201; 42 U.S.C. 2214; 42 
U.S.C. 5841
    CFR Citation: 10 CFR 170; 10 CFR 171.
    Legal Deadline: NPRM, Statutory, September 30, 2022.
    The Nuclear Energy Innovation and Modernization Act (NEIMA) 
requires the NRC to assess and collect service fees and annual fees in 
a manner that ensures that, to the maximum extent practicable, the 
amount assessed and collected approximates the NRC's total budget 
authority for that fiscal year less the NRC's budget authority for 
excluded activities. NEIMA requires that the fees for FY 2022 be 
collected by September 30, 2022.
    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 2022 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.
    Statement of Need: The NRC, as required by statue conducts an 
annual rulemaking in order to assess and collect service fees and 
annual fees in a manner that ensures that, to the maximum extent 
practicable, the amount assessed and collected approximates the NRC's 
total budget authority for that fiscal year less the NRC's budget 
authority for excluded activities. NEIMA requires the NRC to establish 
through rulemaking a schedule of annual fees that fairly and equitably 
allocates the aggregate amount of annual fees among licensees and 
certificate holders. NEIMA states that this schedule may be based on 
the allocation of the NRC's resources among licensees, certificate 
holders, or classes of licensees or certificate holders and requires 
that the schedule of annual fees, to the maximum extent practicable, 
shall be reasonably related to the cost of providing regulatory 
services.

[[Page 5185]]

    Summary of Legal Basis: Effective October 1, 2020, NEIMA puts in 
place a revised framework for fee recovery by eliminating OBRA-90's 
approximately 90 percent fee-recovery requirement and requiring the NRC 
to assess and collect service fees and annual fees in a manner that 
ensures that, to the maximum extent practicable, the amount assessed 
and collected approximates the NRC's total budget authority for that 
fiscal year less the NRC's budget authority for excluded activities.
    Alternatives: Because this action is mandated by statute and the 
fees must be assessed through rulemaking, the NRC did not consider 
alternatives to this action.
    Anticipated Cost and Benefits: The cost to the NRC's licensees is 
approximately 100 percent of the NRC FY 2022 budget authority less the 
amounts appropriated for excluded activities.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/22
Final Rule..........................   05/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations.
    Government Levels Affected: Local, State.
    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-AK44

NRC

178. Advanced Nuclear Reactor Generic Environmental Impact Statement 
[NRC-2020-0101]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
    CFR Citation: 10 CFR 51.
    Legal Deadline: None.
    Abstract: This rulemaking would amend the NRC's regulations that 
govern the agency's National Environmental Policy Act (NEPA) reviews. 
The rulemaking would codify the findings of the Advanced Nuclear 
Reactor Generic Environmental Impact Statement (ANR GEIS). The ANR GEIS 
would use a technology-neutral regulatory framework and performance-
based assumptions to determine generic environmental impacts for new 
commercial advanced nuclear reactors. The ANR GEIS would streamline the 
NEPA reviews for future advanced reactor applicants.
    Statement of Need: The NRC is developing a GEIS for advanced 
nuclear reactors in order to streamline the environmental review 
process for future advanced nuclear reactor (ANR) environmental 
reviews. The purpose of an ANR GEIS is to determine which environmental 
impacts could result in essentially the same (generic) impact for 
different ANR designs that fit within the parameters set in the GEIS, 
and which environmental impacts would require a plant-specific 
analysis. Environmental reviews for advanced nuclear reactor license 
applications could incorporate the ANR GEIS by reference and provide 
site-specific information and analyses in a Supplemental Environmental 
Impact Statement (SEIS), thereby streamlining the environmental review 
process.
    Summary of Legal Basis: 42 U.S.C. 4332, 4334, 4335.
    Alternatives: As an alternative to the rulemaking, the NRC staff 
considered the ``no-action'' alternative. Under this alternative the 
NRC would not modify 10 CFR part 51 to codify the results of the ANR 
GEIS. This alternative would not provide the benefits of streamlining 
the environmental review process. Therefore, rulemaking is the 
preferred alternative.
    Anticipated Cost and Benefits: The anticipated benefits would 
exceed the costs associated with the proposed regulatory action. The 
supporting regulatory analysis will provide a detailed analysis of the 
costs and benefits associated with this action.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Daniel Doyle, Nuclear Regulatory Commission, Office 
of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001, 
Phone: 301 415-3748, Email: [email protected].
    RIN: 3150-AK55

NRC

Final Rule Stage

179. Emergency Preparedness Requirements for Small Modular Reactors and 
Other New Technologies [NRC-2015-0225]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
    CFR Citation: 10 CFR 50; 10 CFR 52.
    Legal Deadline: None.
    Abstract: This rulemaking would amend the NRC's regulations to add 
new emergency preparedness requirements for small modular reactors and 
other new technologies such as non-light-water reactors and non-power 
production or utilization facilities. The rule would adopt a scalable 
plume exposure pathway emergency planning zone approach that is 
performance-based, consequence-oriented, and technology-inclusive. This 
rulemaking would affect applicants for new NRC licenses and reduce 
regulatory burden related to the exemption process.
    Statement of Need: Current emergency preparedness (EP) regulations 
do not sufficiently reflect the advances in designs and more recent 
safety research, particularly with respect to small modular reactors 
(SMRs) and other new technologies (ONTs), such as non-light-water 
reactors (non-LWRs) and medical isotope facilities.
    Summary of Legal Basis: None.
    Alternatives: None.
    Anticipated Cost and Benefits: The proposed rule would be projected 
to result in a cost-justified change based on a net (i.e., accounting 
for both costs and benefits) averted cost to the industry that ranges 
from $4.72 million using a 7-percent discount rate to $7.56 million 
using a 3-percent discount rate. Relative to the regulatory baseline, 
the NRC would realize a net averted cost of $1.17 million using a 7-
percent discount rate and $2.16 million using a 3-percent discount 
rate. The proposed rule alternative would result in net averted costs 
to the industry and the NRC ranging from $5.89 million using a 7-
percent discount rate to $9.71 million using a 3-percent discount rate.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Draft Regulatory Basis..............   04/13/17  82 FR 17768
Draft Regulatory Basis Comment         06/27/17
 Period End.
Regulatory Basis....................   11/15/17  82 FR 52862
NPRM................................   05/12/20  85 FR 28436
NPRM Comment Period End.............   07/27/20

[[Page 5186]]

 
NPRM Comment Period Extended........   07/21/20  85 FR 44025
Comment Period End..................   09/25/20
Final Rule..........................   03/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Additional Information: The proposed rule was published for public 
comment on May 12, 2020. Draft regulatory guidance was also published 
for public comment with the proposed rule. The public comment period 
ended on September 25, 2020.
    Agency Contact: Soly Soto Lugo, Nuclear Regulatory Commission, 
Office of Nuclear Material Safety and Safeguards, Washington, DC 20555-
0001, Phone: 302 415-7528, Email: [email protected].
    RIN: 3150-AJ68

NRC

180. NuScale Small Modular Reactor Design Certification [NRC-2017-0029]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
    CFR Citation: 10 CFR 52.
    Legal Deadline: None.
    Abstract: This rulemaking would amend the NRC's regulations to 
incorporate the NuScale small modular reactor (SMR) standard plant 
design. The rulemaking would add a new appendix for the initial 
certification of the NuScale SMR standard plant design. This action 
would allow applicants intending to construct and operate an SMR to 
reference this design certification rule in future applications.
    Statement of Need: This rule would place the NuScale standard 
design certification, once issued by the Commission, into the Code of 
Federal Regulations (CFR).
    Summary of Legal Basis: The regulations in 10 CFR 52.51 require the 
NRC to initiate rulemaking after an application is filed under 10 CFR 
52.45.
    Alternatives: Based on a review of NuScale Power's evaluation, the 
NRC concludes that: (1) NuScale Power identified a reasonably complete 
set of potential design alternatives to prevent and mitigate severe 
accidents for the NuScale design and (2) none of the potential design 
alternatives appropriate at the design certification stage are 
justified on the basis of cost/benefit considerations.
    Anticipated Cost and Benefits: There is no anticipated increase in 
costs for consumers, individual industries, or geographical regions as 
a result of the rulemaking. This action will certify a reactor design; 
it does not constitute the license for construction of a nuclear power 
plant at a site.
    Risks: None.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/01/21  86 FR 34999
NPRM Comment Period End.............   08/30/21
NPRM Comment Period Extended........   08/24/21  86 FR 47251
NPRM Comment Extension Period End...   10/14/21
Final Rule..........................   03/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Yanely Malave-Velez, Nuclear Regulatory Commission, 
Office of Nuclear Material Safety and Safeguards, Washington, DC 20555-
0001, Phone: 301 415-1519, Email: [email protected].
    RIN: 3150-AJ98

NRC

181. American Society of Mechanical Engineers 2019-2020 Code Editions 
[NRC-2018-0290]

    Priority: Other Significant.
    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
    CFR Citation: 10 CFR 50.
    Legal Deadline: None.
    Abstract: This rulemaking would amend the NRC's regulations to 
authorize the use of recent editions of American Society of Mechanical 
Engineers (ASME) codes. The rule would incorporate by reference the 
2019 Edition of the ASME Boiler and Pressure Vessel Code and the 2020 
Edition of the ASME Operations and Maintenance of Nuclear Power Plants 
Code into the NRC's regulations, with conditions. This action increases 
consistency across the industry and makes use of current voluntary 
consensus standards (as required by the National Technology Transfer 
and Advancement Act), while continuing to provide adequate protection 
to the public. This rulemaking would affect nuclear power reactor 
licensees.
    Statement of Need: The need for the rulemaking is to update the 
regulations to incorporate the latest editions of consensus standards.
    Summary of Legal Basis: The legal basis for the proposed action is 
42 U.S.C. 2201, 42 U.S.C. 5841, and 10 CFR part 2, Agency Rules of 
Practice and Procedure, ``Subpart H, Rulemaking.''
    Alternatives: In the absence of incorporation by the reference of 
the latest Editions of ASME Codes, licensees will continue to implement 
Code editions that are currently incorporated by reference in the rule 
and will not be able to take advantage of the latest advantages of ASME 
Codes, including relaxation of certain requirements in the proposed 
rule. Thus, licensees will have to continue to implement the 
requirements of older Code editions and continue to request exemptions 
from certain requirements that would otherwise not be needed. This may 
result in nuclear power plant licensees, who would be the primary 
beneficiaries, to not be able to apply the latest editions of ASME 
Codes, and the NRC would not be able to meets its goal of ensuring the 
protection of public health and safety and the environment by 
continuing to provide the NRC's approval of ASME Code editions that 
allow the use of the most current methods and technology and that may 
decrease the likelihood of an accident and, therefore, decrease the 
overall risk to public health.
    Anticipated Cost and Benefits: The proposed rule would result in a 
cost-justified change based on a net (i.e., taking into account both 
costs and benefits) averted cost to the industry ranging from $6.26 
million (7-percent net present value (NPV)) to $6.99 million (3-percent 
NPV). Relative to the regulatory baseline, the NRC would realize a net 
averted cost ranging from $0.49 million (7-percent NPV) to $0.57 
million (3-percent NPV). The total costs and benefits of proceeding 
with the rule would result in net averted costs to the industry and the 
NRC ranging from $6.75 million (7-percent NPV) to $7.56 million (3-
percent NPV). Other benefits of the proposed rule include the NRC's 
continued ability to meet its goal of ensuring the protection of public 
health and safety and the environment through the agency's approval of 
new editions of the ASME BPV Code and ASME OM Code, which allow the use 
of the most current methods and technology.
    Risks: In the absence of incorporation by the reference of the 
latest Editions of ASME Codes, licensees will continue to implement 
Code editions that are currently incorporated by reference in the rule 
and will not be able to take advantage of the latest advantages of ASME 
Codes, including relaxation of

[[Page 5187]]

certain requirements in the proposed rule. Thus, licensees will have to 
continue to implement the requirements of older Code editions and 
continue to request exemptions from certain requirements that would 
otherwise not be needed. This may result in nuclear power plant 
licensees, who would be the primary beneficiaries, to not be able to 
apply the latest editions of ASME Codes, and the NRC would not be able 
to meets its goal of ensuring the protection of public health and 
safety and the environment by continuing to provide the NRC's approval 
of ASME Code editions that allow the use of the most current methods 
and technology and that may decrease the likelihood of an accident and, 
therefore, decrease the overall risk to public health.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/26/21  86 FR 16087
NPRM Comment Period End.............   05/25/21
Final Rule..........................   06/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Small Entities Affected: No.
    Government Levels Affected: None.
    Agency Contact: Victoria V. Huckabay, Nuclear Regulatory 
Commission, Office of Nuclear Material Safety and Safeguards, 
Washington, DC 20555-0001, Phone: 301 415-5183, Email: 
[email protected].
    RIN: 3150-AK22
BILLING CODE 7590-01-P

[FR Doc. 2022-00702 Filed 1-28-22; 8:45 am]
BILLING CODE 6820-27-P