Federal Register/Vol. 83, No. 222/Friday, November 16, 2018

57804 Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Regulatory Plan

REGULATORY INFORMATION selected for periodic review under Pension Benefit Guaranty Corporation SERVICE CENTER section 610 of the Regulatory Flexibility Small Business Administration Act. Social Security Administration Introduction to the Unified Agenda of The complete fall 2018 Unified Independent Regulatory Agencies Federal Regulatory and Deregulatory Agenda contains the Regulatory Plans of Consumer Financial Protection Bureau Actions—Fall 2018 28 Federal agencies and 66 Federal Consumer Product Safety Commission agency regulatory agendas. Federal Trade Commission AGENCY: Regulatory Information Service ADDRESSES: National Indian Gaming Commission Center. Regulatory Information Service Center (MVE), General Services Nuclear Regulatory Commission ACTION: Introduction to the Regulatory Administration, 1800 F Street NW, Agency Agendas Plan and the Unified Agenda of Federal 2219F, Washington, DC 20405. Regulatory and Deregulatory Actions. Cabinet Departments FOR FURTHER INFORMATION CONTACT: For further information about specific Department of Agriculture SUMMARY: Publication of the Unified Department of Commerce Agenda of Regulatory and Deregulatory regulatory actions, please refer to the Department of Energy Actions and the Regulatory Plan agency contact listed for each entry. Department of Health and Human Services represent key components of the To provide comment on or to obtain Department of Homeland Security regulatory planning mechanism further information about this Department of the Interior prescribed in Executive Order 12866, publication, contact: John C. Thomas, Department of Justice ‘‘Regulatory Planning and Review,’’ Executive Director, Regulatory Department of Labor Executive Order 13771, ‘‘Reducing Information Service Center (MVE), U.S. Department of Transportation Department of the Treasury Regulation and Controlling Regulatory General Services Administration, 1800 F Costs,’’ January 30, 2017, and Executive Street NW, 2219F, Washington, DC Other Executive Agencies Order 13777, ‘‘Enforcing the Regulatory 20405, (202) 482–7340. You may also Architectural and Transportation Barriers Reform Agenda,’’ February 24, 2017. send comments to us by email at: risc@ Compliance Board The fall editions of the Unified Agenda gsa.gov. Committee for Purchase From People Who include the agency regulatory plans SUPPLEMENTARY INFORMATION: Are Blind or Severely Disabled Environmental Protection Agency required by E.O. 12866, which identify Table of Contents regulatory priorities and provide General Services Administration Introduction to the Regulatory Plan and the National Aeronautics and Space additional detail about the most Administration important significant regulatory actions Unified Agenda of Federal Regulatory and Deregulatory Actions Railroad Retirement Board that agencies expect to take in the Small Business Administration coming year. I. What are the Regulatory Plan and the In addition, the Regulatory Flexibility Unified Agenda? Joint Authority Act requires that agencies publish II. Why are the Regulatory Plan and the Department of Defense/General Services Unified Agenda published? Administration/National Aeronautics and semiannual ‘‘regulatory flexibility III. How are the Regulatory Plan and the agendas’’ describing regulatory actions Space Administration (Federal Acquisition Unified Agenda organized? Regulation) they are developing that will have IV. What information appears for each entry? significant effects on small businesses V. Abbreviations Independent Regulatory Agencies and other small entities (5 U.S.C. 602). VI. How can users get copies of the Plan and Commodity Futures Trading Commission The Unified Agenda of Regulatory the Agenda? Consumer Financial Protection Bureau and Deregulatory Actions (Unified Introduction to the Fall 2018 Regulatory Plan Consumer Product Safety Commission Agenda), published in the fall and Agency Regulatory Plans Federal Communications Commission spring, helps agencies fulfill all of these Federal Reserve System Cabinet Departments requirements. All federal regulatory National Labor Relations Board agencies have chosen to publish their Department of Agriculture Nuclear Regulatory Commission Securities and Exchange Commission regulatory agendas as part of this Department of Commerce Department of Defense Surface Transportation Board publication. The complete Unified Department of Education Agenda and Regulatory Plan can be Department of Energy Table of Contents found online at http://www.reginfo.gov Department of Health and Human Services Introduction to the Regulatory Plan and the and a reduced print version can be Department of Homeland Security Unified Agenda of Federal Regulatory and found in the Federal Register. Department of Housing and Urban Deregulatory Actions Development Information regarding obtaining printed I. What are the Regulatory Plan and the Department of the Interior copies can also be found on the Unified Agenda? Department of Justice Reginfo.gov website (or below, VI. How II. Why are the Regulatory Plan and the Department of Labor can users get copies of the Plan and the Unified Agenda published? Department of Transportation III. How are the Regulatory Plan and the Agenda?). Department of the Treasury Unified Agenda organized? The fall 2018 Unified Agenda Department of Veterans Affairs publication appearing in the Federal IV. What information appears for each entry? Register includes the Regulatory Plan Other Executive Agencies V. Abbreviations VI. How can users get copies of the Plan and and agency regulatory flexibility Architectural and Transportation Barriers Compliance Board the Agenda? agendas, in accordance with the Introduction to the Fall 2018 Regulatory Plan publication requirements of the Environmental Protection Agency Regulatory Flexibility Act. Agency Equal Employment Opportunity Commission Agency Regulatory Plans General Services Administration regulatory flexibility agendas contain National Aeronautics and Space Cabinet Departments only those Agenda entries for rules that Administration Department of Agriculture are likely to have a significant economic National Archives and Records Department of Commerce impact on a substantial number of small Administration Department of Defense entities and entries that have been Office of Personnel Management Department of Education

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Department of Energy Administration’s regulatory and Other Executive Agencies Department of Health and Human Services deregulatory policies and priorities. The Agency for International Development Department of Homeland Security Plan is part of the fall edition of the Department of Housing and Urban American Battle Monuments Development Unified Agenda. Each participating Commission Department of Interior agency’s regulatory plan contains: (1) A Commission on Civil Rights Department of Justice narrative statement of the agency’s Corporation for National and Department of Labor regulatory and deregulatory priorities, Community Service Department of Transportation and, for the most part, (2) a description Council on Environmental Quality Department of Treasury of the most important significant Department of Veterans Affairs Court Services and Offender regulatory and deregulatory actions that Supervision Agency for the District of Other Executive Agencies the agency reasonably expects to issue Columbia Environmental Protection Agency in proposed or final form during the Equal Employment Opportunity Equal Employment Opportunity Commission upcoming fiscal year. This edition Commission * General Services Administration includes the regulatory plans of 30 Federal Mediation Conciliation Service National Aeronautics and Space agencies. Institute of Museum and Library Administration The Unified Agenda provides National Archives and Records Services Administration information about regulations that the National Archives and Records Office of Personnel Management Government is considering or Administration * Pension Benefit Guaranty Corporation reviewing. The Unified Agenda has National Endowment for the Arts Small Business Administration appeared in the Federal Register twice National Endowment for the Humanities Social Security Administration each year since 1983 and has been National Mediation Board Federal Acquisition Regulation available online since 1995. The Office of Government Ethics Independent Regulatory Agencies complete Unified Agenda is available to Office of Management and Budget Consumer Product Safety Commission the public at http://www.reginfo.gov. Office of Personnel Management * Federal Trade Commission The online Unified Agenda offers Peace Corps National Indian Gaming Commission flexible search tools and access to the Pension Benefit Guaranty Corporation * Nuclear Regulatory Commission historic Unified Agenda database to Presidio Trust Agency Regulatory Flexibility Agendas 1995. The complete online edition of Social Security Administration * the Unified Agenda includes regulatory Tennessee Valley Authority Cabinet Departments agendas from 65 Federal agencies. Independent Agencies Department of Agriculture Agencies of the United States Congress Department of Commerce are not included. Council of the Inspectors General on Department of Energy Integrity and Efficiency Department of Health and Human Services The fall 2018 Unified Agenda publication appearing in the Federal Farm Credit Administration Department of Homeland Security Federal Deposit Insurance Corporation Department of Interior Register consists of The Regulatory Plan Department of Justice and agency regulatory flexibility Federal Energy Regulatory Commission Department of Labor agendas, in accordance with the Federal Housing Finance Agency Department of Transportation publication requirements of the Federal Maritime Commission Department of Treasury Regulatory Flexibility Act. Agency Federal Trade Commission * Other Executive Agencies regulatory flexibility agendas contain National Commission on Military, only those Agenda entries for rules that National, and Public Service Architectural and Transportation Barriers National Credit Union Administration Compliance Board are likely to have a significant economic Committee for Purchase From the People impact on a substantial number of small National Indian Gaming Commission * Who Are Blind or Severely Disabled entities and entries that have been National Transportation Safety Board Environmental Protection Agency selected for periodic review under Postal Regulatory Commission General Services Administration section 610 of the Regulatory Flexibility The Regulatory Information Service National Aeronautics and Space Center compiles the Unified Agenda for Administration Act. Printed entries display only the Railroad Retirement Board fields required by the Regulatory the Office of Information and Regulatory Small Business Administration Flexibility Act. Complete agenda Affairs (OIRA), part of the Office of Federal Acquisition Regulation information for those entries appears, in Management and Budget. OIRA is responsible for overseeing the Federal Independent Agencies a uniform format, in the online Unified Agenda at http://www.reginfo.gov. Government’s regulatory, paperwork, Commodity Futures Trading Commission The following agencies have no and information resource management Consumer Financial Protection Bureau activities, including implementation of Consumer Product Safety Commission entries for inclusion in the printed Federal Communication Commission regulatory flexibility agenda. An asterisk Executive Order 12866 (incorporated in Federal Reserve System (*) indicates agencies that appear in The Executive Order 13563). The Center also National Labor Relations Board Regulatory Plan. The regulatory agendas provides information about Federal Nuclear Regulatory Commission of these agencies are available to the regulatory activity to the President and Securities and Exchange Commission public at http://reginfo.gov. his Executive Office, the Congress, Surface Transportation Board agency officials, and the public. Cabinet Departments Introduction to the Regulatory Plan and The activities included in the Agenda the Unified Agenda of Federal Department of Defense * are, in general, those that will have a regulatory action within the next 12 Regulatory and Deregulatory Actions Department of Education * months. Agencies may choose to I. What are the Regulatory Plan and the Department of Housing and Urban include activities that will have a longer Unified Agenda? Development * timeframe than 12 months. Agency The Regulatory Plan serves as a Department of State agendas also show actions or reviews defining statement of the Department of Veterans Affairs * completed or withdrawn since the last

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Unified Agenda. Executive Order 12866 Order 13258 and Executive Order and Budget a federalism summary does not require agencies to include 13422. impact statement for such a regulation, regulations concerning military or which consists of a description of the Executive Order 13771 foreign affairs functions or regulations extent of the agency’s prior consultation related to agency organization, Executive Order 13771, ‘‘Reducing with State and local officials, a management, or personnel matters. Regulation and Controlling Regulatory summary of their concerns and the Agencies prepared entries for this Costs,’’ January 30, 2017 (82 FR 9339) agency’s position supporting the need to publication to give the public notice of requires each agency to identify for issue the regulation, and a statement of their plans to review, propose, and issue elimination two prior regulations for the extent to which those concerns have regulations. They have tried to predict every one new regulation issued, and been met. As part of this effort, agencies their activities over the next 12 months the cost of planned regulations be include in their submissions for the as accurately as possible, but dates and prudently managed and controlled Unified Agenda information on whether schedules are subject to change. through a budgeting process. their regulatory actions may have an Agencies may withdraw some of the Executive Order 13777 effect on the various levels of regulations now under development, government and whether those actions and they may issue or propose other Executive Order 13777, ‘‘Enforcing have federalism implications. regulations not included in their the Regulatory Reform Agenda,’’ Unfunded Mandates Reform Act of 1995 agendas. Agency actions in the February 24, 2017 (82 FR 12285) rulemaking process may occur before or requires each agency to designate an The Unfunded Mandates Reform Act after the dates they have listed. The agency official as its Regulatory Reform of 1995 (Pub. L. 104–4, title II) requires Regulatory Plan and Unified Agenda do Officer (RRO). Each RRO shall oversee agencies to prepare written assessments not create a legal obligation on agencies the implementation of regulatory reform of the costs and benefits of significant to adhere to schedules in this initiatives and policies to ensure that regulatory actions ‘‘that may result in publication or to confine their agencies effectively carry out regulatory the expenditure by State, local, and regulatory activities to those regulations reforms, consistent with applicable law. tribal governments, in the aggregate, or that appear within it. The Executive Order also directs that by the private sector, of $100,000,000 or each agency designate a regulatory more in any 1 year.’’ The requirement II. Why are the Regulatory Plan and the Reform Task Force. does not apply to independent Unified Agenda published? regulatory agencies, nor does it apply to Executive Order 13563 The Regulatory Plan and the Unified certain subject areas excluded by Agenda helps agencies comply with Executive Order 13563, ‘‘Improving section 4 of the Act. Affected agencies their obligations under the Regulatory Regulation and Regulatory Review,’’ identify in the Unified Agenda those Flexibility Act and various Executive January 18, 2011 (76 FR 3821) regulatory actions they believe are orders and other statutes. supplements and reaffirms the subject to title II of the Act. principles, structures, and definitions Regulatory Flexibility Act governing contemporary regulatory Executive Order 13211 The Regulatory Flexibility Act review that were established in Executive Order 13211, ‘‘Actions requires agencies to identify those rules Executive Order 12866, which includes Concerning Regulations That that may have a significant economic the general principles of regulation and Significantly Affect Energy Supply, impact on a substantial number of small public participation, and orders Distribution, or Use,’’ May 18, 2001 (66 entities (5 U.S.C. 602). Agencies meet integration and innovation in FR 28355), directs agencies to provide, that requirement by including the coordination across agencies; flexible to the extent possible, information information in their submissions for the approaches where relevant, feasible, and regarding the adverse effects that agency Unified Agenda. Agencies may also consistent with regulatory approaches; actions may have on the supply, indicate those regulations that they are scientific integrity in any scientific or distribution, and use of energy. Under reviewing as part of their periodic technological information and processes the Order, the agency must prepare and review of existing rules under the used to support the agencies’ regulatory submit a Statement of Energy Effects to Regulatory Flexibility Act (5 U.S.C. actions; and retrospective analysis of the Administrator of the Office of 610). Executive Order 13272, ‘‘Proper existing regulations. Information and Regulatory Affairs, Consideration of Small Entities in Office of Management and Budget, for Executive Order 13132 Agency Rulemaking,’’ signed August 13, ‘‘those matters identified as significant 2002 (67 FR 53461), provides additional Executive Order 13132, ‘‘Federalism,’’ energy actions.’’ As part of this effort, guidance on compliance with the Act. August 4, 1999 (64 FR 43255), directs agencies may optionally include in their agencies to have an accountable process submissions for the Unified Agenda Executive Order 12866 to ensure meaningful and timely input information on whether they have Executive Order 12866, ‘‘Regulatory by State and local officials in the prepared or plan to prepare a Statement Planning and Review,’’ September 30, development of regulatory policies that of Energy Effects for their regulatory 1993 (58 FR 51735), requires covered have ‘‘federalism implications’’ as actions. agencies to prepare an agenda of all defined in the Order. Under the Order, regulations under development or an agency that is proposing a regulation Small Business Regulatory Enforcement review. The Order also requires that with federalism implications, which Fairness Act certain agencies prepare annually a either preempt State law or impose non- The Small Business Regulatory regulatory plan of their ‘‘most important statutory unfunded substantial direct Enforcement Fairness Act (Pub. L. 104– significant regulatory actions,’’ which compliance costs on State and local 121, title II) established a procedure for appears as part of the fall Unified governments, must consult with State congressional review of rules (5 U.S.C. Agenda. Executive Order 13497, signed and local officials early in the process 801 et seq.), which defers, unless January 30, 2009 (74 FR 6113), revoked of developing the regulation. In exempted, the effective date of a the amendments to Executive Order addition, the agency must provide to the ‘‘major’’ rule for at least 60 days from 12866 that were contained in Executive Director of the Office of Management the publication of the final rule in the

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

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public health or safety, or State, local, name references to laws in addition to various levels of government.’’ or tribal governments or communities. these citations. Independent regulatory agencies are not The definition of an ‘‘economically CFR Citation—the section(s) of the required to supply this information. significant’’ rule is similar but not Code of Federal Regulations that will be Included in the Regulatory Plan— identical to the definition of a ‘‘major’’ affected by the action. whether the rulemaking was included in rule under 5 U.S.C. 801 (Pub. L. 104– Legal Deadline—whether the action is the agency’s current regulatory plan 121). (See below.) subject to a statutory or judicial published in fall 2017. deadline, the date of that deadline, and Agency Contact—the name and phone (2) Other Significant whether the deadline pertains to an number of at least one person in the A rulemaking that is not NPRM, a Final Action, or some other agency who is knowledgeable about the Economically Significant but is action. rulemaking action. The agency may also considered Significant by the agency. Abstract—a brief description of the provide the title, address, fax number, This category includes rules that the problem the regulation will address; the email address, and TDD for each agency agency anticipates will be reviewed need for a Federal solution; to the extent contact. under Executive Order 12866 or rules available, alternatives that the agency is Some agencies have provided the that are a priority of the agency head. considering to address the problem; and following optional information: These rules may or may not be included potential costs and benefits of the RIN Information URL—the internet in the agency’s regulatory plan. action. address of a site that provides more Timetable—the dates and citations (if information about the entry. (3) Substantive, Nonsignificant available) for all past steps and a Public Comment URL—the internet A rulemaking that has substantive projected date for at least the next step address of a site that will accept public impacts, but is neither Significant, nor for the regulatory action. A date comments on the entry. Alternatively, Routine and Frequent, nor displayed in the form 12/00/19 means timely public comments may be Informational/Administrative/Other. the agency is predicting the month and submitted at the Governmentwide e- year the action will take place but not rulemaking site, http:// (4) Routine and Frequent the day it will occur. In some instances, www.regulations.gov. A rulemaking that is a specific case of agencies may indicate what the next Additional Information—any a multiple recurring application of a action will be, but the date of that action information an agency wishes to include regulatory program in the Code of is ‘‘To Be Determined.’’ ‘‘Next Action that does not have a specific Federal Regulations and that does not Undetermined’’ indicates the agency corresponding data element. alter the body of the regulation. does not know what action it will take Compliance Cost to the Public—the estimated gross compliance cost of the (5) Informational/Administrative/Other next. Regulatory Flexibility Analysis action. A rulemaking that is primarily Required—whether an analysis is Affected Sectors—the industrial informational or pertains to agency required by the Regulatory Flexibility sectors that the action may most affect, matters not central to accomplishing the Act (5 U.S.C. 601 et seq.) because the either directly or indirectly. Affected agency’s regulatory mandate but that the rulemaking action is likely to have a sectors are identified by North agency places in the Unified Agenda to significant economic impact on a American Industry Classification inform the public of the activity. substantial number of small entities as System (NAICS) codes. Major—whether the rule is ‘‘major’’ defined by the Act. Energy Effects—an indication of under 5 U.S.C. 801 (Pub. L. 104–121) Small Entities Affected—the types of whether the agency has prepared or because it has resulted or is likely to small entities (businesses, governmental plans to prepare a Statement of Energy result in an annual effect on the jurisdictions, or organizations) on which Effects for the action, as required by economy of $100 million or more or the rulemaking action is likely to have Executive Order 13211 ‘‘Actions meets other criteria specified in that an impact as defined by the Regulatory Concerning Regulations That Act. The Act provides that the Flexibility Act. Some agencies have Significantly Affect Energy Supply, Administrator of the Office of chosen to indicate likely effects on Distribution, or Use,’’ signed May 18, Information and Regulatory Affairs will small entities even though they believe 2001 (66 FR 28355). make the final determination as to that a Regulatory Flexibility Analysis Related RINs—one or more past or whether a rule is major. will not be required. current RIN(s) associated with activity Unfunded Mandates—whether the Government Levels Affected—whether related to this action, such as merged rule is covered by section 202 of the the action is expected to affect levels of RINs, split RINs, new activity for Unfunded Mandates Reform Act of 1995 government and, if so, whether the previously completed RINs, or duplicate (Pub. L. 104–4). The Act requires that, governments are State, local, tribal, or RINs. before issuing an NPRM likely to result Federal. Statement of Need—a description of in a mandate that may result in International Impacts—whether the the need for the regulatory action. expenditures by State, local, and tribal regulation is expected to have Summary of the Legal Basis—a governments, in the aggregate, or by the international trade and investment description of the legal basis for the private sector of more than $100 million effects, or otherwise may be of interest action, including whether any aspect of in 1 year, agencies, other than to the Nation’s international trading the action is required by statute or court independent regulatory agencies, shall partners. order. prepare a written statement containing Federalism—whether the action has Alternatives—a description of the an assessment of the anticipated costs ‘‘federalism implications’’ as defined in alternatives the agency has considered and benefits of the Federal mandate. Executive Order 13132. This term refers or will consider as required by section Legal Authority—the section(s) of the to actions ‘‘that have substantial direct 4(c)(1)(B) of Executive Order 12866. United States Code (U.S.C.) or Public effects on the States, on the relationship Anticipated Costs and Benefits—a Law (Pub. L.) or the Executive order between the national government and description of preliminary estimates of (E.O.) that authorize(s) the regulatory the States, or on the distribution of the anticipated costs and benefits of the action. Agencies may provide popular power and responsibilities among the action.

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Risks—a description of the magnitude PL (or Pub. L.)—A public law is a law 15250–7954. Telephone: (202) 512–1800 of the risk the action addresses, the passed by Congress and signed by the or 1–866–512–1800 (toll-free). amount by which the agency expects the President or enacted over his veto. It has Copies of individual agency materials action to reduce this risk, and the general applicability, unlike a private may be available directly from the relation of the risk and this risk law that applies only to those persons agency or may be found on the agency’s reduction effort to other risks and risk or entities specifically designated. website. Please contact the particular reduction efforts within the agency’s Public laws are numbered in sequence agency for further information. jurisdiction. throughout the 2-year life of each All editions of The Regulatory Plan Congress; for example, Public Law 112– and the Unified Agenda of Federal V. Abbreviations 4 is the fourth public law of the 112th Regulatory and Deregulatory Actions The following abbreviations appear Congress. since fall 1995 are available in throughout this publication: RFA—A Regulatory Flexibility electronic form at http://reginfo.gov, ANPRM—An Advance Notice of Analysis is a description and analysis of along with flexible search tools. Proposed Rulemaking is a preliminary the impact of a rule on small entities, The Government Printing Office’s notice, published in the Federal including small businesses, small GPO FDsys website contains copies of Register, announcing that an agency is governmental jurisdictions, and certain the Agendas and Regulatory Plans that considering a regulatory action. An small not-for-profit organizations. The have been printed in the Federal agency may issue an ANPRM before it Regulatory Flexibility Act (5 U.S.C. 601 Register. These documents are available develops a detailed proposed rule. An et seq.) requires each agency to prepare at http://www.fdsys.gov. ANPRM describes the general area that an initial RFA for public comment when Dated: October 15, 2018. may be subject to regulation and usually it is required to publish an NPRM and John C. Thomas, asks for public comment on the issues to make available a final RFA when the Executive Director. and options being discussed. An final rule is published, unless the ANPRM is issued only when an agency agency head certifies that the rule BILLING CODE 6820–27–P believes it needs to gather more would not have a significant economic Introduction to the Fall 2018 information before proceeding to a impact on a substantial number of small Regulatory Plan notice of proposed rulemaking. entities. CFR—The Code of Federal RIN—The Regulation Identifier Regulatory reform is a cornerstone of Regulations is an annual codification of Number is assigned by the Regulatory President Trump’s agenda for economic the general and permanent regulations Information Service Center to identify growth. This Plan reaffirms the published in the Federal Register by the each regulatory action listed in the principles of individual liberty and agencies of the Federal Government. Regulatory Plan and the Unified limited government essential to reform. The Code is divided into 50 titles, each Agenda, as directed by Executive Order It also highlights the success of ongoing title covering a broad area subject to 12866 (section 4(b)). Additionally, OMB efforts, initiatives for improving Federal regulation. The CFR is keyed to has asked agencies to include RINs in accountability, and the promotion of and kept up to date by the daily issues the headings of their Rule and Proposed good regulatory practices. of the Federal Register. Rule documents when publishing them Across the Trump Administration, E.O.—An Executive order is a in the Federal Register, to make it easier real regulatory reform is underway. As directive from the President to for the public and agency officials to the agency examples throughout the Executive agencies, issued under track the publication history of Plan demonstrate, the benefits of a more constitutional or statutory authority. regulatory actions throughout their rational regulatory system are felt far Executive orders are published in the development. and wide and create opportunities for Federal Register and in title 3 of the Seq. No.—The sequence number economic growth and development. Code of Federal Regulations. identifies the location of an entry in the Farmers can more productively use their FR—The Federal Register is a daily printed edition of the Regulatory Plan land. Small businesses can hire more Federal Government publication that and the Unified Agenda. Note that a workers and provide more affordable provides a uniform system for specific regulatory action will have the healthcare. Innovators will be able to publishing Presidential documents, all same RIN throughout its development pursue advances in autonomous proposed and final regulations, notices but will generally have different vehicles, drones, and commercial space of meetings, and other official sequence numbers if it appears in exploration. Veterans enjoy expanded documents issued by Federal agencies. different printed editions of the Unified access to doctors through a telehealth FY—The Federal fiscal year runs from Agenda. Sequence numbers are not used program. Infrastructure can be improved October 1 to September 30. in the online Unified Agenda. more quickly with streamlined • NPRM—A Notice of Proposed U.S.C.—The United States Code is a permitting requirements. These reforms Rulemaking is the document an agency consolidation and codification of all and many others make life better for all issues and publishes in the Federal general and permanent laws of the Americans through lower consumer Register that describes and solicits United States. The U.S.C. is divided into prices, more jobs, and, in the long run, public comments on a proposed 50 titles, each title covering a broad area improvements in well-being that result regulatory action. Under the of Federal law. from the advance of innovative new Administrative Procedure Act (5 U.S.C. products and services. 553), an NPRM must include, at a VI. How can users get copies of the Plan Private choices of individuals and minimum: A statement of the time, and the Agenda? businesses should generally prevail in a place, and nature of the public Copies of the Federal Register issue free society. Yet in modern times, the rulemaking proceeding; containing the printed edition of The expansion of the administrative state • A reference to the legal authority Regulatory Plan and the Unified Agenda has placed undue burdens on the under which the rule is proposed; and (agency regulatory flexibility agendas) public, impeding economic growth, Either the terms or substance of the are available from the Superintendent of technological innovation, and consumer proposed rule or a description of the Documents, U.S. Government Printing choice. This Administration has subjects and issues involved. Office, P.O. Box 371954, Pittsburgh, PA spearheaded an unprecedented effort to

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restore appropriate checks on the • Agencies issued 176 deregulatory presidential priorities. Agency heads regulatory state, ensuring that agencies actions (57 of which are significant explain their priorities through the act within the boundaries of the law and deregulatory actions) and 14 significant narrative of the Regulatory Plan and list in a manner that yields the greatest regulatory actions. specific deregulatory and regulatory benefits to the American people while • These results expand and build actions expected to be completed in the imposing the fewest burdens. Our upon the success of the coming year. This process provides an policies focus on restoring political Administration’s first year, for a total important gatekeeping role to ensure accountability and protecting the regulatory cost reduction of $33 billion. agencies pursue only those actions constitutional values of due process and In addition to these impressive consistent with law and that have the fair notice. Government should respect results, the agencies project $18 billion support of the heads of agencies and the private decisions of individuals and in regulatory cost savings for 2019. In ultimately the President. Likewise, businesses unless a compelling need addition, the ‘‘Safer Affordable Fuel- review of draft regulatory actions can be shown for intervention, a Efficient Vehicles Rule’’ revises the through Executive Order 12866 longstanding principle affirmed in greenhouse gas standards and Corporate advances good regulatory policy Executive Order 12866 (‘‘Regulatory Average Fuel Economy standards for consistent with legal requirements, Planning and Review,’’ September 30, passenger cars and light trucks. The sound analysis, and presidential 1993). We approach regulation with Department of Transportation and the priorities. humility, trusting Americans to direct Environmental Protection Agency have Faithful execution of the laws also their energy and capital productively proposed a range of options that are includes respect for the lawmaking and to reap the benefits that result from projected to save between $120 and power of Congress. Although Congress a free exchange of goods and ideas. $340 billion in regulatory costs and often confers substantial discretion on The Administration’s regulatory anticipate completion of the rule in agencies, OIRA works with agencies to agenda involves structural reforms as fiscal year 2019. The momentum for limit expansive interpretations of well as the practical work of eliminating reform continues to accelerate as executive authority and to regulate and revising regulations. Agencies agencies complete substantial within the boundaries of the law. continue to advance the health and deregulatory actions. Carefully examining statutory authority safety mandates that Congress has Promoting the Rule of Law: Political and keeping agencies within the limits entrusted to them and to revamp vital Accountability, Guidance Documents, set by Congress protects against programs to increase their effectiveness. and Respecting Congress’ Lawmaking executive agencies exercising the At the same time, agencies are revising Power legislative power. OIRA also works with or rescinding regulations that fail to agencies to ensure compliance with the address real-world problems, that are The Administration’s regulatory Administrative Procedure Act. The needlessly burdensome, and that reform is committed to the rule of law, requirements of public notice and prevent Americans from advancing understood as respect for the opportunity for comment bolster the innovative solutions. Our reform efforts constitutional structure as well as the legitimacy of agency action and can emphasize the rule of law, respect for specific laws enacted by Congress. The provide refinements that improve the the Constitution’s separation of powers, Constitution establishes a relatively ultimate policy chosen by an agency. and the limits of agency authority. simple framework for regulation. Moreover, OIRA is looking closely at Congress is vested with limited and existing statutory requirements for Reducing Regulatory Burdens enumerated legislative powers, which it limiting administrative excess across At the outset, President Trump set may use to set regulatory policy and federal agencies, including within the forth a general mandate for regulatory establish the authority of agencies to historically independent agencies. reform across the Administration. issue regulations. The President is Under the Paperwork Reduction Act, all Consistent with legal obligations, vested with the executive power, which federal agencies must comply with Executive Order 13771 (‘‘Reducing includes overseeing and directing specific requirements before collecting Regulation and Controlling Regulatory administration of the laws. Within the information from the public. OIRA plays Costs,’’ January 30, 2017) directs a two- framework and directions established by an important role in reviewing forms fold approach to reform: It requires that Congress, political accountability for that collect information, verifying that agencies eliminate two regulations for regulatory policy depends on they have practical utility and are as each new significant regulation and also presidential responsibility and control. minimally burdensome as possible. requires that agencies offset any new As Alexander Hamilton explained, Reduction of paperwork burdens plays regulatory costs. By requiring a ‘‘Energy in the executive is a leading an important role in eliminating reduction in the number of regulations, character of good government. It is unnecessary, duplicative, or conflicting the order incentivizes agencies to essential to the protection of the regulatory requirements. identify regulations and guidance community against foreign attacks: It is The Administration’s commitment to documents that do not provide not less essential to the steady the rule of law finds expression in other sufficient benefits to the public. administration of the laws.’’ The initiatives, such as restoring the proper Agencies have reduced or eliminated Federalist No. 70. use of guidance documents. While unnecessary requirements large and The annual Regulatory Plan has guidance documents may provide small. For the first time in decades, provided a longstanding form of needed clarification of existing legal Federal agencies have decreased new presidential accountability for the obligations, they have sometimes been regulatory costs, while continuing to regulatory policy of federal agencies as stretched to impose new obligations. pursue important regulatory priorities. well as for the specific regulatory OIRA and the White House Counsel’s Agencies have achieved historic and actions planned for the forthcoming Office have repeatedly affirmed the meaningful regulatory reform in the first year. Through the process of reviewing importance of due process and fair two years. the Plan and Unified Agenda of notice in regulatory policy and worked • For fiscal year 2018, agencies Regulatory and Deregulatory Actions, closely with agencies to prevent the achieved $23 billion in net regulatory OIRA helps agencies to direct misuse of guidance documents. cost savings across the government. administrative action consistent with Agencies should not surprise the public

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with new requirements through an For example, OIRA collaborates with and how they should be balanced across informal memo, speech, or blog post. agencies to make the Unified Agenda of the Executive Branch. The review When agencies impose new regulatory Regulatory and Deregulatory Actions a process also allows for coordination in obligations, they must follow the more accurate reflection of what other contexts, such as when one appropriate administrative procedures. agencies plan to pursue in the coming agency’s rule implicates the programs or Through the review process for year. Agencies must make every effort to legal authorities of another. Interagency significant guidance documents, OIRA include actions they plan to pursue, review can ameliorate problems arising has identified proposed agency because if an item is not on the Agenda, from overlapping statutory mandates. guidance that should be undertaken under Executive Order 13771, an agency Review can also strengthen the legal only through notice and comment cannot move forward unless it obtains a foundation and the supporting analysis rulemaking. Some agencies have waiver or the action is required by law. of rules—bolstering their effectiveness withdrawn expansive guidance from the A clear and accurate Agenda helps previous administration and are avoid unfair surprise and achieves and also their ability to survive legal replacing it with rulemaking, rather greater predictability of upcoming challenge. than simply a revised guidance actions. The historically independent agencies document. Rulemaking undoubtedly This Administration has also sometimes participate in the review requires more agency time and published the so-called ‘‘Inactive List,’’ process when a regulation raises issues resources; however, it also provides fair a list of regulations contemplated by that implicate their jurisdiction. notice and allows input from the public, agencies, but previously not made Because these agencies are not generally which ultimately results in more lawful public in the Agenda. Agencies subject to other White House and predictable regulatory policy. continue to review these lists and coordination mechanisms, the review Other agencies are also taking remove actions they no longer plan to process provides an opportunity to important steps. The Department of pursue. Publication of the list promotes ensure greater consistency across all Justice clarified that guidance agency accountability for all regulatory agencies within the Executive Branch. documents would not be used for actions under consideration and a more enforcement purposes. Several agencies accurate picture of regulations in the Finally, cost-benefit analysis must subsequently followed this principle, pipeline. justify the need for regulation. As including a group of historically Furthermore, in the process of Executive Order 12866 recognizes, independent financial regulatory implementing the historic reforms of private choices of individuals and agencies. Other agencies are in the Executive Order 13771, OIRA published businesses are the baseline in the process of revising their guidance detailed information about the cost American system of government. To policies to promote greater allowances, cost savings, and specific warrant departure from this baseline, accountability in the development, actions counted as regulatory and regulatory actions must be consistent promulgation, and access to guidance deregulatory. OIRA issued early with statutory authority and should documents. guidance on how the Executive Order have benefits that substantially exceed Ensuring the proper use of guidance would be implemented. Drawing from costs. documents; eliminating outdated or the successful experience of similar Careful analysis that accurately stale guidance; requiring internal checks deregulatory programs in the United that enhance accountability for Kingdom and Canada, the guidance captures both the benefits and costs of guidance; and providing greater explained that even small deregulatory regulation is essential to achieving good transparency and online access to actions would be counted in order to regulatory policy. Consideration of guidance documents are steps forward incentivize agencies to eliminate alternatives and an assessment of their in promoting sound regulatory policy unnecessary regulatory burdens of all costs and benefits serves an important across the federal government. OIRA sizes. This transparency allows the function by providing transparency for will continue to work with agencies to public to understand the accounting regulatory decisions and information improve and refine their guidance methodology and the choices made to that can inform public comment on the practices. encourage the greatest possible reform impact of regulatory alternatives before efforts from the agencies. a rule is finalized. While anticipating Good Regulatory Practices: Coordination is an important and quantifying the costs and benefits of Transparency, Coordination, and component of the OIRA regulatory regulations pose challenges in some Analysis review process. Coordination facilitates contexts, OIRA will continue to work Regulatory reform in the Trump consistent application of presidential closely with agencies to improve their Administration includes the promotion priorities, legal interpretation, and analyses. and expansion of longstanding good regulatory policy across different One of the practical consequences of regulatory practices such as agencies. Centralized review allows the Executive Order 13771 is that agencies transparency, coordination, and cost- Administration to advance broader have a new and meaningful incentive to benefit analysis. These practices principles, such as concern for the rule improve regulatory outcomes of law, due process, and fair notice, as engage in retrospective review of irrespective of the policy preferences of well as to reduce regulatory costs across regulations, which President Obama an agency or administration. the board. called for in Executive Order 13563 Transparency in the regulatory Through the review process, agencies (‘‘Improving Regulation and Regulatory process provides one of the most and senior officials within the Executive Review,’’ January 18, 2011). When important checks on administrative Office of the President have an issuing a rule, an agency can only agencies by allowing the public to have opportunity to comment on draft predict the costs and benefits. notice of regulatory actions and regulations. These reviewers flag policy Periodically reviewing the actual costs opportunities for comment in the concerns or problems of duplication, and benefits of regulations allows administrative process. This inconsistency, and inefficiency. Such agencies to modify rules for greater Administration has taken specific steps coordination allows for careful effectiveness or to repeal rules that are to improve transparency. consideration of competing priorities unnecessary or counterproductive.

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Review of Tax Regulations Under discretion, raise important legal or which to comment on the rule and share Executive Order 12866 policy questions, or impose substantial information about the consequences of Administration-wide regulatory costs on the public. Tax regulations particular regulatory choices. Moreover, reform efforts have been coupled with uniquely impact all Americans and have the review process facilitates targeted reforms in specific high-burden significant consequences for investment, coordination with other agencies to areas. For example, the President issued economic growth, and innovation. The avoid conflict with other administration Executive Order 13789 (‘‘Identifying OIRA review process provides an priorities. and Reducing Tax Regulatory Burdens,’’ important check to ensure that tax The improvement of tax regulations April 21, 2017), directing the regulations are consistent with the demonstrates a specific success in the Department of the Treasury to identify President’s priorities for a ‘‘simple, fair, Administration’s regulatory reform and reduce tax regulatory burdens efficient, and pro-growth’’ tax system. agenda. It also reaffirms the value of the because America’s ‘‘Federal tax system The historic reforms enacted in the OIRA centralized review process for should be simple, fair, efficient, and Tax Cuts and Jobs Act (TCJA) require promoting presidential priorities and pro-growth.’’ In addition to other Treasury to issue a number of good regulatory practices such as measures, the President called for a regulations. The MOA provides for the transparency, coordination, and robust review of whether tax regulations possibility of expedited review of TCJA cost-benefit analysis. should go through the centralized OIRA regulations in order to provide timely Conclusion regulatory review process. Tax guidance and information to the public. regulations were previously exempt Over the past few months, Treasury and Consistent with its longstanding from this process, in part contributing to OIRA have worked closely together to commitment to the principles of good the problem of burdensome, improve tax regulations, ensuring that regulatory policy, OIRA works closely complicated, and inefficient tax regulations are consistent with law, with agencies to advance regulatory regulatory policy identified by demonstrate benefits that exceed the policy that is consistent with law and Executive Order 13789. costs, and impose the fewest possible the President’s priorities and yields After conducting this review, the burdens on the public. The review substantial net benefits for the public. Office of Management and Budget and process encourages greater transparency The first two years of the the Department of the Treasury signed of the impacts of the regulation, Administration have produced a Memorandum of Agreement (MOA), highlighting where the agency exercises unparalleled reform, and we project ‘‘Review of Tax Regulations under discretion and the anticipated burdens even more significant results in the Executive Order 12866’’ (April 11, placed on the public, including coming year. 2018). The MOA recognizes the paperwork and other compliance Neomi Rao, importance of presidential oversight and burdens. When Treasury provides this Administrator, Office of Information and accountability, particularly where tax information in a proposed rule, the Regulatory Affairs, Office of Management and regulations reflect the exercise of public has a more informed basis from Budget

DEPARTMENT OF AGRICULTURE