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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 2017 Unified Independent Regulatory Agencies Federal Regulatory and Deregulatory Agenda contains the Regulatory Plans of Consumer Financial Protection Bureau Actions—Fall 2017 30 Federal agencies and 60 Federal Consumer Product Safety Commission agency regulatory agendas. Federal Trade Commission AGENCY: Regulatory Information Service ADDRESSES: Regulatory Information National Indian Gaming Commission Center. Nuclear Regulatory Commission Service Center (MVE), General Services ACTION: Introduction to the Regulatory Administration, 1800 F Street NW, AGENCY REGULATORY FLEXIBILITY Plan and the Unified Agenda of Federal 2219F, Washington, DC 20405. AGENDAS Regulatory and Deregulatory Actions. FOR FURTHER INFORMATION CONTACT: For Cabinet Departments SUMMARY: Publication of the Unified further information about specific Department of Agriculture Agenda of Regulatory and Deregulatory regulatory actions, please refer to the Department of Commerce Actions and the Regulatory Plan agency contact listed for each entry. Department of Defense Department of Energy represent key components of the To provide comment on or to obtain further information about this Department of Health and Human Services regulatory planning mechanism Department of Homeland Security prescribed in Executive Order 12866, publication, contact: John C. Thomas, Department of Housing and Urban ‘‘Regulatory Planning and Review,’’ Executive Director, Regulatory Development Executive Order 13771, ‘‘Reducing Information Service Center (MVE), U.S. Department of the Interior Regulation and Controlling Regulatory General Services Administration, 1800 F Department of Justice Costs,’’ January 30, 2017, and Executive Street NW, 2219F, Washington, DC Department of Labor 20405, (202) 482–7340. You may also Department of Transportation Order 13777, ‘‘Enforcing the Regulatory Department of the Treasury Reform Agenda,’’ February 24, 2017. send comments to us by email at: risc@ The fall editions of the Unified Agenda gsa.gov. Other Executive Agencies include the agency regulatory plans SUPPLEMENTARY INFORMATION: Architectural and Transportation Barriers Compliance Board required by E.O. 12866, which identify TABLE OF CONTENTS regulatory priorities and provide Environmental Protection Agency Introduction to the Regulatory Plan and the General Services Administration additional detail about the most Small Business Administration important significant regulatory actions Unified Agenda of Federal Regulatory and Deregulatory Actions Joint Authority that agencies expect to take in the coming year. I. What are the Regulatory Plan and the Department of Defense/General Services In addition, the Regulatory Flexibility Unified Agenda? Administration/National Aeronautics and II. Why are the Regulatory Plan and the Space Administration (Federal Acquisition Act requires that agencies publish Unified Agenda Published? Regulation) semiannual ‘‘regulatory flexibility III. How are the Regulatory Plan and the Independent Regulatory Agencies agendas’’ describing regulatory actions Unified Agenda Organized? they are developing that will have IV. What information appears for each entry? Commodity Futures Trading Commission significant effects on small businesses V. Abbreviations Consumer Financial Protection Bureau Consumer Product Safety Commission and other small entities (5 U.S.C. 602). VI. How can users get copies of the Plan and the Agenda? Federal Communications Commission The Unified Agenda of Regulatory Federal Reserve System and Deregulatory Actions (Unified Introduction to the Fall 2017 Regulatory Plan Nuclear Regulatory Commission Agenda), published in the fall and Securities and Exchange Commission spring, helps agencies fulfill all of these AGENCY REGULATORY PLANS Surface Transportation Board Cabinet Departments requirements. All federal regulatory INTRODUCTION TO THE agencies have chosen to publish their Department of Agriculture REGULATORY PLAN AND THE regulatory agendas as part of this Department of Commerce Department of Defense UNIFIED AGENDA OF FEDERAL publication. The complete Unified REGULATORY AND DEREGULATORY Agenda and Regulatory Plan can be Department of Education Department of Energy ACTIONS found online at http://www.reginfo.gov Department of Health and Human Services and a reduced print version can be I. What are the Regulatory Plan and the Department of Homeland Security Unified Agenda? found in the Federal Register. Department of Housing and Urban Information regarding obtaining printed Development The Regulatory Plan serves as a copies can also be found on the Department of the Interior defining statement of the Reginfo.gov website (or below, VI. How Department of Justice Administration’s regulatory and Can Users Get Copies of the Plan and Department of Labor deregulatory policies and priorities. The the Agenda?). Department of Transportation Plan is part of the fall edition of the The fall 2017 Unified Agenda Department of the Treasury Unified Agenda. Each participating Department of Veterans Affairs publication appearing in the Federal agency’s regulatory plan contains: (1) A Register includes the Regulatory Plan Other Executive Agencies narrative statement of the agency’s and agency regulatory flexibility Architectural and Transportation Barriers regulatory and deregulatory priorities, agendas, in accordance with the Compliance Board and, for the most part, (2) a description publication requirements of the Environmental Protection Agency of the most important significant Regulatory Flexibility Act. Agency Equal Employment Opportunity Commission regulatory and deregulatory actions that General Services Administration regulatory flexibility agendas contain National Aeronautics and Space the agency reasonably expects to issue only those Agenda entries for rules that Administration in proposed or final form during the are likely to have a significant economic National Archives and Records upcoming fiscal year. This edition impact on a substantial number of small Administration includes the regulatory plans of 30 entities and entries that have been Office of Personnel Management agencies.

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The Unified Agenda provides National Endowment for the Arts as accurately as possible, but dates and information about regulations that the National Endowment for the Humanities schedules are subject to change. Government is considering or National Mediation Board Agencies may withdraw some of the reviewing. The Unified Agenda has National Science Foundation regulations now under development, appeared in the Federal Register twice Office of Government Ethics and they may issue or propose other each year since 1983 and has been Office of Management and Budget regulations not included in their available online since 1995. The Office of Personnel Management * agendas. Agency actions in the complete Unified Agenda is available to Office of the United States Trade rulemaking process may occur before or the public at http://www.reginfo.gov. Representative after the dates they have listed. The The online Unified Agenda offers Peace Corps Regulatory Plan and Unified Agenda do flexible search tools and access to the Pension Benefit Guaranty Corporation not create a legal obligation on agencies historic Unified Agenda database Presidio Trust to adhere to schedules in this to1995. The complete online edition of Privacy and Civil Liberties Oversight publication or to confine their the Unified Agenda includes regulatory Board regulatory activities to those regulations agendas from 67 Federal agencies. Railroad Retirement Board that appear within it. Agencies of the United States Congress Social Security Administration * II. Why Are the Regulatory Plan and are not included. Tennessee Valley Authority the Unified Agenda Published? The fall 2017 Unified Agenda Independent Agencies publication appearing in the Federal The Regulatory Plan and the Unified Council of the Inspectors General on Register consists of The Regulatory Plan Agenda helps agencies comply with Integrity and Efficiency and agency regulatory flexibility their obligations under the Regulatory Defense Nuclear Facilities Safety Board agendas, in accordance with the Flexibility Act and various Executive Farm Credit Administration orders and other statutes. publication requirements of the Federal Deposit Insurance Corporation Regulatory Flexibility Act. Agency Federal Energy Regulatory Commission Regulatory Flexibility Act regulatory flexibility agendas contain Federal Housing Finance Agency only those Agenda entries for rules that The Regulatory Flexibility Act Federal Maritime Commission requires agencies to identify those rules are likely to have a significant economic Federal Trade Commission * impact on a substantial number of small that may have a significant economic National Credit Union Administration impact on a substantial number of small entities and entries that have been National Indian Gaming Commission * selected for periodic review under entities (5 U.S.C. 602). Agencies meet National Labor Relations Board that requirement by including the section 610 of the Regulatory Flexibility National Transportation Safety Board information in their submissions for the Act. Printed entries display only the Postal Regulatory Commission Unified Agenda. Agencies may also fields required by the Regulatory Special Inspector General for indicate those regulations that they are Flexibility Act. Complete agenda Afghanistan Reconstruction information for those entries appears, in reviewing as part of their periodic The Regulatory Information Service review of existing rules under the a uniform format, in the online Unified Center compiles the Unified Agenda for Agenda at http://www.reginfo.gov. Regulatory Flexibility Act (5 U.S.C. the Office of Information and Regulatory 610). Executive Order 13272, ‘‘Proper The following agencies have no Affairs (OIRA), part of the Office of entries for inclusion in the printed Consideration of Small Entities in Management and Budget. OIRA is Agency Rulemaking,’’ signed August 13, regulatory flexibility agenda. An asterisk responsible for overseeing the Federal (*) indicates agencies that appear in The 2002 (67 FR 53461), provides additional Government’s regulatory, paperwork, guidance on compliance with the Act. Regulatory Plan. The regulatory agendas and information resource management of these agencies are available to the activities, including implementation of Executive Order 12866 public at http://reginfo.gov. Executive Order 12866 (incorporated in Executive Order 12866, ‘‘Regulatory Cabinet Departments Executive Order 13563). The Center also Planning and Review,’’ September 30, provides information about Federal Department of State 1993 (58 FR 51735), requires covered regulatory activity to the President and Department of Veterans Affairs * agencies to prepare an agenda of all his Executive Office, the Congress, regulations under development or Other Executive Agencies agency officials, and the public. review. The Order also requires that Agency for International Development The activities included in the Agenda certain agencies prepare annually a American Battle Monuments are, in general, those that will have a regulatory plan of their ‘‘most important Commission regulatory action within the next 12 significant regulatory actions,’’ which Commission on Civil Rights months. Agencies may choose to appears as part of the fall Unified Committee for Purchase From People include activities that will have a longer Agenda. Executive Order 13497, signed Who Are Blind or Severely Disabled timeframe than 12 months. Agency January 30, 2009 (74 FR 6113), revoked Corporation for National and agendas also show actions or reviews the amendments to Executive Order Community Service completed or withdrawn since the last 12866 that were contained in Executive Court Services and Offender Unified Agenda. Executive Order 12866 Order 13258 and Executive Order Supervision Agency for the District of does not require agencies to include 13422. Columbia regulations concerning military or Equal Employment Opportunity foreign affairs functions or regulations Executive Order 13771 Commission * related to agency organization, Executive Order 13771, ‘‘Reducing Institute of Museum and Library management, or personnel matters. Regulation and Controlling Regulatory Services Agencies prepared entries for this Costs,’’ January 30, 2017 (82 FR 9339) National Aeronautics and Space publication to give the public notice of requires each agency to identify for Administration * their plans to review, propose, and issue elimination two prior regulations for National Archives and Records regulations. They have tried to predict every one new regulation issued, and Administration * their activities over the next 12 months the cost of planned regulations be

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prudently managed and controlled Unified Agenda information on whether III. How Are the Regulatory Plan and through a budgeting process. their regulatory actions may have an the Unified Agenda Organized? effect on the various levels of Executive Order 13777 The Regulatory Plan appears in part II government and whether those actions in a daily edition of the Federal Executive Order 13777, ‘‘Enforcing have federalism implications. the Regulatory Reform Agenda,’’ Register. The Plan is a single document February 24, 2017 (82 FR 12285) Unfunded Mandates Reform Act of 1995 beginning with an introduction, requires each agency to designate an followed by a table of contents, followed agency official as its Regulatory Reform The Unfunded Mandates Reform Act by each agency’s section of the Plan. Officer (RRO). Each RRO shall oversee of 1995 (Pub. L. 104–4, title II) requires Following the Plan in the Federal the implementation of regulatory reform agencies to prepare written assessments Register, as separate parts, are the initiatives and policies to ensure that of the costs and benefits of significant regulatory flexibility agendas for each agencies effectively carry out regulatory regulatory actions ‘‘that may result in agency whose agenda includes entries reforms, consistent with applicable law. the expenditure by State, local, and for rules which are likely to have a The Executive Order also directs that tribal governments, in the aggregate, or significant economic impact on a each agency designate a regulatory by the private sector, of $100,000,000 or substantial number of small entities or Reform Task Force. more in any 1 year.’’ The requirement rules that have been selected for does not apply to independent periodic review under section 610 of the Executive Order 13563 regulatory agencies, nor does it apply to Regulatory Flexibility Act. Each printed Executive Order 13563, ‘‘Improving certain subject areas excluded by agenda appears as a separate part. The Regulation and Regulatory Review,’’ section 4 of the Act. Affected agencies sections of the Plan and the parts of the January 18, 2011 (76 FR 3821) identify in the Unified Agenda those Unified Agenda are organized supplements and reaffirms the regulatory actions they believe are alphabetically in four groups: Cabinet principles, structures, and definitions subject to title II of the Act. departments; other executive agencies; governing contemporary regulatory the Federal Acquisition Regulation, a review that were established in Executive Order 13211 joint authority (Agenda only); and Executive Order 12866, which includes Executive Order 13211, ‘‘Actions independent regulatory agencies. the general principles of regulation and Concerning Regulations That Agencies may in turn be divided into subagencies. Each printed agency public participation, and orders Significantly Affect Energy Supply, agenda has a table of contents listing the integration and innovation in Distribution, or Use,’’ May 18, 2001 (66 agency’s printed entries that follow. coordination across agencies; flexible FR 28355), directs agencies to provide, Each agency’s part of the Agenda approaches where relevant, feasible, and to the extent possible, information contains a preamble providing consistent with regulatory approaches; regarding the adverse effects that agency scientific integrity in any scientific or information specific to that agency. actions may have on the supply, technological information and processes Each printed agency agenda has a table distribution, and use of energy. Under used to support the agencies’ regulatory of contents listing the agency’s printed the Order, the agency must prepare and actions; and retrospective analysis of entries that follow. submit a Statement of Energy Effects to existing regulations. Each agency’s section of the Plan the Administrator of the Office of contains a narrative statement of Executive Order 13132 Information and Regulatory Affairs, regulatory priorities and, for most Executive Order 13132, ‘‘Federalism,’’ Office of Management and Budget, for agencies, a description of the agency’s August 4, 1999 (64 FR 43255), directs ‘‘those matters identified as significant most important significant regulatory agencies to have an accountable process energy actions.’’ As part of this effort, and deregulatory actions. Each agency’s to ensure meaningful and timely input agencies may optionally include in their part of the Agenda contains a preamble by State and local officials in the submissions for the Unified Agenda providing information specific to that development of regulatory policies that information on whether they have agency plus descriptions of the agency’s have ‘‘federalism implications’’ as prepared or plan to prepare a Statement regulatory and deregulatory actions. defined in the Order. Under the Order, of Energy Effects for their regulatory The online, complete Unified Agenda an agency that is proposing a regulation actions. contains the preambles of all with federalism implications, which Small Business Regulatory Enforcement participating agencies. Unlike the either preempt State law or impose non- Fairness Act printed edition, the online Agenda has statutory unfunded substantial direct no fixed ordering. In the online Agenda, compliance costs on State and local The Small Business Regulatory users can select the particular agencies’ governments, must consult with State Enforcement Fairness Act (Pub. L. 104– agendas they want to see. Users have and local officials early in the process 121, title II) established a procedure for broad flexibility to specify the of developing the regulation. In congressional review of rules (5 U.S.C. characteristics of the entries of interest addition, the agency must provide to the 801 et seq.), which defers, unless to them by choosing the desired Director of the Office of Management exempted, the effective date of a responses to individual data fields. To and Budget a federalism summary ‘‘major’’ rule for at least 60 days from see a listing of all of an agency’s entries, impact statement for such a regulation, the publication of the final rule in the a user can select the agency without which consists of a description of the Federal Register. The Act specifies that specifying any particular characteristics extent of the agency’s prior consultation a rule is ‘‘major’’ if it has resulted, or is of entries. with State and local officials, a likely to result, in an annual effect on Each entry in the Agenda is associated summary of their concerns and the the economy of $100 million or more or with one of five rulemaking stages. The agency’s position supporting the need to meets other criteria specified in that rulemaking stages are: issue the regulation, and a statement of Act. The Act provides that the 1. Prerule Stage—Actions agencies the extent to which those concerns have Administrator of OIRA will make the will undertake to determine whether or been met. As part of this effort, agencies final determination as to whether a rule how to initiate rulemaking. Such actions include in their submissions for the is major. occur prior to a Notice of Proposed

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Rulemaking (NPRM) and may include Number (RIN) is able to provide this (2) Other Significant Advance Notices of Proposed cross-reference capability. A rulemaking that is not Rulemaking (ANPRMs) and reviews of Editions of the Unified Agenda prior Economically Significant but is existing regulations. to fall 2007 contained several indexes, considered Significant by the agency. 2. Proposed Rule Stage—Actions for which identified entries with various This category includes rules that the which agencies plan to publish a Notice characteristics. These included agency anticipates will be reviewed of Proposed Rulemaking as the next step regulatory actions for which agencies under Executive Order 12866 or rules in their rulemaking process or for which believe that the Regulatory Flexibility that are a priority of the agency head. the closing date of the NPRM Comment Act may require a Regulatory Flexibility These rules may or may not be included Period is the next step. Analysis, actions selected for periodic in the agency’s regulatory plan. 3. Final Rule Stage—Actions for review under section 610(c) of the which agencies plan to publish a final (3) Substantive, Nonsignificant Regulatory Flexibility Act, and actions rule or an interim final rule or to take that may have federalism implications A rulemaking that has substantive other final action as the next step. impacts, but is neither Significant, nor 4. Long-Term Actions—Items under as defined in Executive Order 13132 or other effects on levels of government. Routine and Frequent, nor development but for which the agency Informational/Administrative/Other. does not expect to have a regulatory These indexes are no longer compiled, action within the 12 months after because users of the online Unified (4) Routine and Frequent Agenda have the flexibility to search for publication of this edition of the Unified A rulemaking that is a specific case of entries with any combination of desired Agenda. Some of the entries in this a multiple recurring application of a characteristics. The online edition section may contain abbreviated regulatory program in the Code of retains the Unified Agenda’s subject information. Federal Regulations and that does not index based on the Federal Register 5. Completed Actions—Actions or alter the body of the regulation. reviews the agency has completed or Thesaurus of Indexing Terms. In withdrawn since publishing its last addition, online users have the option of (5) Informational/Administrative/Other agenda. This section also includes items searching Agenda text fields for words A rulemaking that is primarily the agency began and completed or phrases. informational or pertains to agency between issues of the Agenda. IV. What information appears for each matters not central to accomplishing the Long-Term Actions are rulemakings entry? agency’s regulatory mandate but that the reported during the publication cycle agency places in the Unified Agenda to that are outside of the required 12- All entries in the online Unified inform the public of the activity. month reporting period for which the Agenda contain uniform data elements Major—Whether the rule is ‘‘major’’ Agenda was intended. Completed including, at a minimum, the following under 5 U.S.C. 801 (Pub. L. 104–121) Actions in the publication cycle are information: because it has resulted or is likely to rulemakings that are ending their Title of the Regulation—A brief result in an annual effect on the lifecycle either by Withdrawal or description of the subject of the economy of $100 million or more or completion of the rulemaking process. regulation. In the printed edition, the meets other criteria specified in that Therefore, the Long-Term and notation ‘‘Section 610 Review’’ Act. The Act provides that the Completed RINs do not represent the following the title indicates that the Administrator of the Office of ongoing, forward-looking nature agency has selected the rule for its Information and Regulatory Affairs will intended for reporting developing periodic review of existing rules under make the final determination as to rulemakings in the Agenda pursuant to the Regulatory Flexibility Act (5 U.S.C. whether a rule is major. Executive Order 12866, section 4(b) and 610(c)). Some agencies have indicated Unfunded Mandates—Whether the 4(c). To further differentiate these two completions of section 610 reviews or rule is covered by section 202 of the stages of rulemaking in the Unified rulemaking actions resulting from Unfunded Mandates Reform Act of 1995 Agenda from active rulemakings, Long- completed section 610 reviews. In the (Pub. L. 104–4). The Act requires that, Term and Completed Actions are online edition, these notations appear in before issuing an NPRM likely to result reported separately from active a separate field. in a mandate that may result in rulemakings, which can be any of the expenditures by State, local, and tribal first three stages of rulemaking listed Priority—An indication of the governments, in the aggregate, or by the above. A separate search function is significance of the regulation. Agencies private sector of more than $100 million provided on http://reginfo.gov to search assign each entry to one of the following in 1 year, agencies, other than for Completed and Long-Term Actions five categories of significance. independent regulatory agencies, shall apart from each other and active RINs. (1) Economically Significant prepare a written statement containing A bullet (•) preceding the title of an an assessment of the anticipated costs entry indicates that the entry is As defined in Executive Order 12866, and benefits of the Federal mandate. appearing in the Unified Agenda for the a rulemaking action that will have an Legal Authority—The section(s) of the first time. annual effect on the economy of $100 United States Code (U.S.C.) or Public In the printed edition, all entries are million or more or will adversely affect Law (Pub. L.) or the Executive order numbered sequentially from the in a material way the economy, a sector (E.O.) that authorize(s) the regulatory beginning to the end of the publication. of the economy, productivity, action. Agencies may provide popular The sequence number preceding the competition, jobs, the environment, name references to laws in addition to title of each entry identifies the location public health or safety, or State, local, these citations. of the entry in this edition. The or tribal governments or communities. CFR Citation—The section(s) of the sequence number is used as the The definition of an ‘‘economically Code of Federal Regulations that will be reference in the printed table of significant’’ rule is similar but not affected by the action. contents. Sequence numbers are not identical to the definition of a ‘‘major’’ Legal Deadline—Whether the action is used in the online Unified Agenda rule under 5 U.S.C. 801 (Pub. L. 104– subject to a statutory or judicial because the unique Regulation Identifier 121). (See below.) deadline, the date of that deadline, and

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whether the deadline pertains to an Agency Contact—The name and risk reduction efforts within the NPRM, a Final Action, or some other phone number of at least one person in agency’s jurisdiction. action. the agency who is knowledgeable about V. Abbreviations Abstract—A brief description of the the rulemaking action. The agency may problem the regulation will address; the also provide the title, address, fax The following abbreviations appear need for a Federal solution; to the extent number, email address, and TDD for throughout this publication: available, alternatives that the agency is each agency contact. ANPRM—An Advance Notice of considering to address the problem; and Some agencies have provided the Proposed Rulemaking is a preliminary potential costs and benefits of the following optional information: notice, published in the Federal action. RIN Information URL—The internet Register, announcing that an agency is Timetable—The dates and citations (if address of a site that provides more considering a regulatory action. An available) for all past steps and a information about the entry. agency may issue an ANPRM before it projected date for at least the next step Public Comment URL—The internet develops a detailed proposed rule. An for the regulatory action. A date address of a site that will accept public ANPRM describes the general area that displayed in the form 12/00/14 means comments on the entry. Alternatively, may be subject to regulation and usually the agency is predicting the month and timely public comments may be asks for public comment on the issues year the action will take place but not submitted at the Governmentwide e- and options being discussed. An the day it will occur. In some instances, rulemaking site, http:// ANPRM is issued only when an agency agencies may indicate what the next www.regulations.gov. believes it needs to gather more action will be, but the date of that action Additional Information—Any information before proceeding to a is ‘‘To Be Determined.’’ ‘‘Next Action information an agency wishes to include notice of proposed rulemaking. Undetermined’’ indicates the agency that does not have a specific CFR—The Code of Federal does not know what action it will take corresponding data element. Regulations is an annual codification of next. Compliance Cost to the Public—The the general and permanent regulations Regulatory Flexibility Analysis estimated gross compliance cost of the published in the Federal Register by the Required—Whether an analysis is action. agencies of the Federal Government. The Code is divided into 50 titles, each required by the Regulatory Flexibility Affected Sectors—The industrial title covering a broad area subject to Act (5 U.S.C. 601 et seq.) because the sectors that the action may most affect, Federal regulation. The CFR is keyed to rulemaking action is likely to have a either directly or indirectly. Affected and kept up to date by the daily issues significant economic impact on a sectors are identified by North of the Federal Register. substantial number of small entities as American Industry Classification E.O.—An Executive order is a defined by the Act. System (NAICS) codes. directive from the President to Small Entities Affected—The types of Energy Effects—An indication of Executive agencies, issued under small entities (businesses, governmental whether the agency has prepared or constitutional or statutory authority. jurisdictions, or organizations) on which plans to prepare a Statement of Energy Executive orders are published in the the rulemaking action is likely to have Effects for the action, as required by Federal Register and in title 3 of the an impact as defined by the Regulatory Executive Order 13211 ‘‘Actions Code of Federal Regulations. Flexibility Act. Some agencies have Concerning Regulations That FR—The Federal Register is a daily chosen to indicate likely effects on Significantly Affect Energy Supply, Federal Government publication that small entities even though they believe Distribution, or Use,’’ signed May 18, provides a uniform system for that a Regulatory Flexibility Analysis 2001 (66 FR 28355). publishing Presidential documents, all will not be required. Related RINs—One or more past or proposed and final regulations, notices Government Levels Affected— current RIN(s) associated with activity of meetings, and other official Whether the action is expected to affect related to this action, such as merged documents issued by Federal agencies. levels of government and, if so, whether RINs, split RINs, new activity for FY—The Federal fiscal year runs from the governments are State, local, tribal, previously completed RINs, or duplicate October 1 to September 30. or Federal. RINs. b NPRM—A Notice of Proposed International Impacts—Whether the Statement of Need—A description of Rulemaking is the document an agency regulation is expected to have the need for the regulatory action. issues and publishes in the Federal international trade and investment Summary of the Legal Basis—A Register that describes and solicits effects, or otherwise may be of interest description of the legal basis for the public comments on a proposed to the Nation’s international trading action, including whether any aspect of regulatory action. Under the partners. the action is required by statute or court Administrative Procedure Act (5 U.S.C. Federalism—Whether the action has order. 553), an NPRM must include, at a ‘‘federalism implications’’ as defined in Alternatives—A description of the minimum: A statement of the time, Executive Order 13132. This term refers alternatives the agency has considered place, and nature of the public to actions ‘‘that have substantial direct or will consider as required by section rulemaking proceeding; effects on the States, on the relationship 4(c)(1)(B) of Executive Order 12866. b A reference to the legal authority between the national government and Anticipated Costs and Benefits—A under which the rule is proposed; and the States, or on the distribution of description of preliminary estimates of either the terms or substance of the power and responsibilities among the the anticipated costs and benefits of the proposed rule or a description of the various levels of government.’’ action. subjects and issues involved. Independent regulatory agencies are not Risks—A description of the PL (or Pub. L.)—A public law is a law required to supply this information. magnitude of the risk the action passed by Congress and signed by the Included in the Regulatory Plan— addresses, the amount by which the President or enacted over his veto. It has Whether the rulemaking was included agency expects the action to reduce this general applicability, unlike a private in the agency’s current regulatory plan risk, and the relation of the risk and this law that applies only to those persons published in fall 2015. risk reduction effort to other risks and or entities specifically designated.

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Public laws are numbered in sequence website. Please contact the particular Our regulatory philosophy and throughout the 2-year life of each agency for further information. approach emphasize the connection Congress; for example, Public Law 112– All editions of The Regulatory Plan between limited government 4 is the fourth public law of the 112th and the Unified Agenda of Federal intervention and individual liberty. Congress. Regulatory and Deregulatory Actions Regulatory policy should serve the RFA—A Regulatory Flexibility since fall 1995 are available in American people by staying within legal Analysis is a description and analysis of electronic form at http://reginfo.gov, limits and administering the law with the impact of a rule on small entities, along with flexible search tools. respect for due process and fair notice. including small businesses, small The Government Printing Office’s The 2017 Plan sets forth the governmental jurisdictions, and certain GPO FDsys website contains copies of Administration’s roadmap for a more small not-for-profit organizations. The the Agendas and Regulatory Plans that limited, effective, and accountable Regulatory Flexibility Act (5 U.S.C. 601 have been printed in the Federal regulatory policy. Register. These documents are available et seq.) requires each agency to prepare Federal Regulatory Policy an initial RFA for public comment when at http://www.fdsys.gov. The 2017 Plan both sets a new it is required to publish an NPRM and Dated: November 29, 2017. to make available a final RFA when the direction in regulatory policy and John C. Thomas, preserves many longstanding regulatory final rule is published, unless the Executive Director. agency head certifies that the rule best practices. Stressing that ‘‘it is would not have a significant economic Introduction to the Fall 2017 essential to manage the costs associated impact on a substantial number of small Regulatory Plan with the governmental imposition of entities. private expenditures required to comply Following statutory directions, the with Federal regulations,’’ President RIN—The Regulation Identifier Executive Branch implements many Trump directed all federal agencies to Number is assigned by the Regulatory federal policies through regulatory eliminate two regulations for each new Information Service Center to identify action in areas as diverse as homeland one implemented and to reduce new each regulatory action listed in the security, environmental protection, regulatory costs to zero in Executive Regulatory Plan and the Unified energy policy, transportation, federal Order 13771 (‘‘Reducing Regulation and Agenda, as directed by Executive Order land management, education, and Controlling Regulatory Costs,’’ January 12866 (section 4(b)). Additionally, OMB commerce. Over many decades, federal 30, 2017). He also created regulatory has asked agencies to include RINs in agencies have imposed countless reform officers and regulatory reform the headings of their Rule and Proposed regulatory requirements on individuals, taskforces in each agency in Executive Rule documents when publishing them businesses, landowners, and state and Order 13777 (‘‘Enforcing the Regulatory in the Federal Register, to make it easier local governments. Some of these Reform Agenda,’’ February 24, 2017). for the public and agency officials to regulations serve important public Within the Office of Management and track the publication history of purposes. Other regulations, however, Budget, the Office of Information and regulatory actions throughout their are outdated, duplicative, or Regulatory Affairs (‘‘OIRA’’) implements development. unnecessary, yet they continue to federal regulatory policy and has led Seq. No.—The sequence number impose costly burdens. President Trump efforts to implement these presidential identifies the location of an entry in the has committed to reducing the directives, working with agencies to printed edition of the Regulatory Plan regulatory burden on the American identify deregulatory actions and and the Unified Agenda. Note that a public in order to promote economic eliminate regulatory burdens. specific regulatory action will have the growth, job creation, and innovation. OIRA also continues to respect and same RIN throughout its development This Fall 2017 Regulatory Plan pursue longstanding principles and but will generally have different reflects a fundamental shift. The Trump practices of centralized regulatory sequence numbers if it appears in Administration recognizes that review. These principles, set out in different printed editions of the Unified excessive and unnecessary federal President Clinton’s Executive Order Agenda. Sequence numbers are not used regulations limit individual freedom 12866, emphasize that agencies should in the online Unified Agenda. and suppress the innovation and regulate only when necessary, when U.S.C.—The United States Code is a entrepreneurship that make America consistent with law, and in a manner consolidation and codification of all great. Starting with confidence in that produces real net benefits for the general and permanent laws of the private markets and individual choices, American people. The Administration United States. The U.S.C. is divided into this Administration is reassessing also takes seriously retrospective review 50 titles, each title covering a broad area existing regulatory burdens. In the 2017 and the imperative to evaluate the of Federal law. Plan, Agencies have identified actual costs and benefits of existing regulatory actions ripe for reform and VI. How can users get copies of the Plan regulations. The President’s two-for-one are working to eliminate or modify and the Agenda? directive and the creation of a regulatory them. This Administration also cap requires that agencies eliminate Copies of the Federal Register issue approaches the imposition of new unnecessary or excessively burdensome containing the printed edition of The regulatory requirements with caution to rules as part of their regulatory Regulatory Plan and the Unified Agenda ensure that regulations are consistent planning. (agency regulatory flexibility agendas) with law, necessary to correct a OIRA works with agencies to promote are available from the Superintendent of substantial market failure, and net sound science and economic analysis. Documents, U.S. Government Printing beneficial to the public. Furthermore, Agencies should develop improved Office, P.O. Box 371954, Pittsburgh, PA the Plan, along with the Unified Agenda regulatory impact analyses of the costs 15250–7954. Telephone: (202) 512–1800 of Regulatory and Deregulatory Actions and benefits of their actions, relying on or 1–866–512–1800 (toll-free). (‘‘Agenda’’), identifies the reasonable assumptions and public Copies of individual agency materials Administration’s priorities in manner input. In some instances, analysis will may be available directly from the that is transparent and accessible to the require revisiting previous regulatory agency or may be found on the agency’s public. impact assessments to ensure that they

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reflect the best possible estimate of costs and ensure that regulations and their law, agencies should regulate only when and benefits. Moving forward, it enforcement benefit the American the benefits substantially outweigh the requires rigor and fairness in assessing people. costs, and OIRA will carefully examine the actual impacts of new regulatory each proposed regulation to ensure that 2018 Regulatory Priorities and deregulatory policies. it is the least burdensome regulatory This Administration’s regulatory Reducing regulatory burdens. One of approach that meets the relevant philosophy also emphasizes the rule of the primary priorities reflected in the statutory standards. law, including constitutional, statutory, 2017 Regulatory Plan is the reduction of Transparency and public access. This and procedural limits on administrative regulatory burdens. Accordingly, in Administration remains committed to action. For instance, OIRA requires 2018, across the Administration transparency in the regulatory process, agencies to indicate the legal authority agencies anticipate eliminating and public access to information about for regulatory actions, whether from a streamlining approximately three regulatory policy, and public statute or judicial order. We look closely regulations for each new one imposed. participation in proposed rules. OIRA is at planned regulatory and deregulatory Moreover, agencies are set to working with agencies to ensure that actions to ensure that they follow the substantially reduce overall regulatory items listed on the Plan and Agenda law and the correct administrative costs. This Regulatory Plan reflects a reflect carefully considered and current procedures. new direction that recognizes the costs policy priorities. In addition, with this Moreover, the Administration has of accumulated regulatory burdens and Regulatory Plan and Fall Agenda, OIRA reinforced the importance of fair notice looks for ways to reduce those burdens has taken a number of steps to improve and due process. In particular, this by modifying or eliminating regulations; transparency. For instance, we have means agencies should closely examine revising or eliminating guidance published the ‘‘Inactive List,’’ a list of their use of sub-regulatory actions, such documents; and streamlining regulations agencies might pursue in the as guidance documents, enforcement information collections. future. Although maintained for many manuals, interpretive rules, ‘‘FAQs,’’ Agencies have taken several years, the Inactive list was not and the like. Such documents can serve approaches to identifying burdens that previously available to the public. an important role in explaining existing can be minimized or eliminated. Publishing the Inactive List online statutory or regulatory requirements; Regulatory reform task forces have allows the public a more complete however, they should not be used to brought together political leadership picture of anticipated agency actions. impose new or additional legal and career staff to review and revise obligations or requirements. existing regulations. Agencies have OIRA has also implemented enhanced Accordingly, this Administration has sought extensive public comments, both categorization and online search encouraged agencies to take a close look through written submissions and public capabilities for the Agenda, so the at existing guidance documents to listening sessions. Other agencies have public can identify actions anticipated assess whether some of them should be studied specific problems of to be regulatory or deregulatory and withdrawn or modified, or whether overregulation and drafted other detailed information. We hope their requirements should go through a comprehensive reports evaluating these enhancements will further public process of notice and comment existing regulations. Based on extensive understanding of proposed regulatory rulemaking. Limiting guidance to its experience across administrations, actions and encourage participation in intended purpose of clarifying existing OIRA has also worked with the agencies the regulatory process. law rather than making new law will to identify potential areas for reform. Conclusion provide greater transparency about the These efforts by the agencies, in regulatory process and ensure that consultation with the public and OIRA, The agency plans that follow push regulated entities and the public have have yielded notable progress, as against the inertia of steadily expanding notice and an opportunity to comment reflected in the agency Regulatory Plans regulatory burdens and represent this on significant changes in regulatory that follow. Administration’s commitment to requirements. Efficacious new regulations. Agencies reducing regulations that no longer These specific policies rest on have also planned new regulatory benefit our society. The plans also send foundational principles of the proper initiatives required by law or by a a clear message that the public can role of the Executive Branch in our compelling public need. These actions invest and plan for the future without constitutional system of separation of should be guided by good regulatory the looming threat of burdensome and powers. Agencies should administer the practices, which include regulating only unnecessary new regulations. OIRA law found in statutes, not make new when necessary, carefully studying looks forward to working with the law, and they should respect the lawful alternatives, and engaging with agencies and all interested stakeholders judicial role in enforcing limits on the public and affected parties. to deliver meaningful regulatory reform administrative power. Moreover, Moreover, when proceeding with to the American people. faithful execution of the laws requires regulations, agencies should rely on Neomi Rao, the Administration be directly sound science and thorough cost-benefit Administrator, Office of Information and accountable for its regulatory policies analysis. Unless specifically required by Regulatory Affairs.

DEPARTMENT OF AGRICULTURE

Regulation Sequence No. Title Identifier No. Rulemaking stage

1 ...... National Bioengineered Food Disclosure Standard ...... 0581–AD54 Proposed Rule Stage. 2 ...... NOP: Organic Livestock and Poultry Practices ...... 0581–AD75 Proposed Rule Stage. 3 ...... Lacey Act Implementation Plan: De Minimis Exception and Composite Articles .... 0579–AD44 Proposed Rule Stage. 4 ...... National Environmental Policy Act Implementing Procedures ...... 0579–AC60 Final Rule Stage. 5 ...... Animal Welfare; Establishing De Minimis Exemptions From Licensing ...... 0579–AD99 Final Rule Stage.

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DEPARTMENT OF AGRICULTURE—Continued

Regulation Sequence No. Title Identifier No. Rulemaking stage

6 ...... Child Nutrition Programs: Flexibilities for Milk, Whole Grains, and Sodium Re- 0584–AE53 Final Rule Stage. quirements. 7 ...... Modernization of Swine Slaughter Inspection ...... 0583–AD62 Proposed Rule Stage. 8 ...... Administrative Issuances; Involving the Public in the Formulation of Forest Serv- 0596–AC65 Final Rule Stage. ice Directives (Rule).

DEPARTMENT OF COMMERCE

Regulation Sequence No. Title Identifier No. Rulemaking stage

9 ...... Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to 0648–BB38 Proposed Rule Stage. Geophysical Surveys in the Gulf of Mexico. 10 ...... Illegal, Unregulated, and Unreported Fishing; Fisheries Enforcement; High Seas 0648–BG11 Proposed Rule Stage. Driftnet Fishing Moratorium Protection Act. 11 ...... Endangered and Threatened Species; Designation of Critical Habitat for Threat- 0648–BG26 Proposed Rule Stage. ened Caribbean and Indo-Pacific Reef-Building Corals. 12 ...... Commerce Trusted Trader Program ...... 0648–BG51 Proposed Rule Stage.

DEPARTMENT OF DEFENSE

Regulation Sequence No. Title Identifier No. Rulemaking stage

13 ...... Earned Value Management Applicability (DFARS Case 2015–D038) ...... 0750–AJ10 Proposed Rule Stage. 14 ...... Contractor Purchasing System Review Threshold (DFARS Case 2017–D038) ..... 0750–AJ48 Proposed Rule Stage. 15 ...... Brand Name or Equal (DFARS Case 2017–D040) ...... 0750–AJ50 Proposed Rule Stage. 16 ...... Amendment to Mentor-Prote´ge´ Program (DFARS Case 2016–D011) ...... 0750–AJ05 Final Rule Stage. 17 ...... Use of the Government Property Clause (DFARS Case 2015–D035) ...... 0750–AJ11 Final Rule Stage. 18 ...... Repeal of Independent Research and Development Technical Interchange 0750–AJ51 Final Rule Stage. (DFARS Case 2017–D041). 19 ...... Establishment of TRICARE Select and Other TRICARE Reforms ...... 0720–AB70 Final Rule Stage.

DEPARTMENT OF EDUCATION

Regulation Sequence No. Title Identifier No. Rulemaking stage

20 ...... Nondiscrimination on the Basis of Sex in Education Programs or Activities Re- 1870–AA14 Proposed Rule Stage. ceiving Federal Financial Assistance. 21 ...... Borrower Defense and Related Issues ...... 1840–AD26 Proposed Rule Stage. 22 ...... Program Integrity; Gainful Employment ...... 1840–AD31 Proposed Rule Stage.

DEPARTMENT OF ENERGY

Regulation Sequence No. Title Identifier No. Rulemaking stage

23 ...... Energy Conservation Standards and Definition for General Service Lamps ...... 1904–AD09 Proposed Rule Stage. 24 ...... Energy Conservation Standards for Residential Conventional Cooking Products .. 1904–AD15 Proposed Rule Stage.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Regulation Sequence No. Title Identifier No. Rulemaking stage .

25 ...... HIPAA Privacy Rule: Presumption of Good Faith of HealthCare Providers ...... 0945–AA09 Proposed Rule Stage. 26 ...... Health Information Technology: Interoperability and Certification Enhancements .. 0955–AA01 Proposed Rule Stage. 27 ...... Certification of Opioid Treatment Programs ...... 0930–AA27 Proposed Rule Stage. 28 ...... Confidentiality of Substance Use Disorder Patient Records ...... 0930–AA26 Final Rule Stage. 29 ...... Mammography Quality Standards Act; Regulatory Amendments ...... 0910–AH04 Proposed Rule Stage. 30 ...... Medical Device De Novo Classification Process ...... 0910–AH53 Proposed Rule Stage. 31 ...... Requirement for Access or Safe Use of Certain Nonprescription Drug Products ... 0910–AH62 Proposed Rule Stage. 32 ...... Medication Guides; Patient Medication Information ...... 0910–AH68 Proposed Rule Stage. 33 ...... Format and Content of Reports Intended to Demonstrate Substantial Equivalence 0910–AH89 Proposed Rule Stage. 34 ...... 340B Drug Pricing Program Ceiling Price and Manufacturer Civil Monetary Pen- 0906–AB12 Proposed Rule Stage. alties Regulation.

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DEPARTMENT OF HEALTH AND HUMAN SERVICES—Continued

Regulation Sequence No. Title Identifier No. Rulemaking stage .

35 ...... National Vaccine Injury Compensation Program: Revisions to the Vaccine Injury 0906–AB14 Proposed Rule Stage. Table. 36 ...... Policy and Technical Changes to the Medicare Advantage and the Medicare Pre- 0938–AT08 Proposed Rule Stage. scription Drug Benefit Programs for Contract Year 2019 (CMS–4182–P). 37 ...... Regulatory Provisions to Promote Program Efficiency, Transparency, and Burden 0938–AT23 Proposed Rule Stage. Reduction (CMS–3346–P). 38 ...... Hospital Inpatient Prospective Payment System for Acute Care Hospitals and the 0938–AT27 Proposed Rule Stage. Long-Term Care Hospital Prospective Payment System and FY 2019 Rates (CMS–1694–P). 39 ...... Requirements for Long-Term Care Facilities: Regulatory Provisions to Promote 0938–AT36 Proposed Rule Stage. Program Efficiency, Transparency, and Burden Reduction (CMS–3347–P). 40 ...... Medicaid and CHIP Managed Care (CMS–2408–P) ...... 0938–AT40 Proposed Rule Stage. 41 ...... Adoption and Foster Care Analysis and Reporting System ...... 0970–AC72 Prerule Stage. 42 ...... Head Start Service Duration Requirements ...... 0970–AC73 Proposed Rule Stage.

DEPARTMENT OF HOMELAND SECURITY

Regulation Sequence No. Title Identifier No. Rulemaking stage

43 ...... Inadmissibility and Deportability on Public Charge Grounds ...... 1615–AA22 Proposed Rule Stage. 44 ...... Registration Requirement for Petitioners Seeking To File H–1B Petitions on Be- 1615–AB71 Proposed Rule Stage. half of Aliens Subject to Numerical Limitations. 45 ...... Rescission of International Entrepreneur Rule ...... 1615–AC04 Proposed Rule Stage. 46 ...... EB–5 Immigrant Investor Regional Center Program ...... 1615–AC11 Proposed Rule Stage. 47 ...... Strengthening the H–1B Nonimmigrant Visa Classification Program ...... 1615–AC13 Proposed Rule Stage. 48 ...... Removing H–4 Dependent Spouses from the Class of Aliens Eligible for Employ- 1615–AC15 Proposed Rule Stage. ment Authorization. 49 ...... EB–5 Immigrant Investor Program Modernization ...... 1615–AC07 Final Rule Stage. 50 ...... Air Cargo Advance Screening (ACAS) ...... 1651–AB04 Final Rule Stage. 51 ...... Collection of Biometric Data Upon Entry to and Exit From the United States ...... 1651–AB12 Final Rule Stage. 52 ...... Implementation of the Electronic System for Travel Authorization (ESTA) at U.S. 1651–AB14 Final Rule Stage. Land Borders—Automation of CBP Form I–94W. 53 ...... Vetting of Certain Surface Transportation Employees ...... 1652–AA69 Proposed Rule Stage. 54 ...... Amending Vetting Requirements for Employees With Access to a Security Identi- 1652–AA70 Proposed Rule Stage. fication Display Area (SIDA). 55 ...... Flight Training for Aliens and Other Designated Individuals; Security Awareness 1652–AA35 Final Rule Stage. Training for Flight School Employees. 56 ...... Ronald Reagan Washington National Airport: Enhanced Security Procedures for 1652–AA49 Final Rule Stage. Certain Operations. 57 ...... Security Training for Surface Transportation Employees ...... 1652–AA55 Final Rule Stage. 58 ...... Adjusting Program Fees for the Student and Exchange Visitor Program ...... 1653–AA74 Proposed Rule Stage. 59 ...... Apprehension, Processing, Care and Custody of Alien Minors ...... 1653–AA75 Proposed Rule Stage. 60 ...... Practical Training Reform ...... 1653–AA76 Proposed Rule Stage. 61 ...... Factors Considered When Evaluating a Governor’s Request for Individual Assist- 1660–AA83 Final Rule Stage. ance for a Major Disaster.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Regulation Sequence No. Title Identifier No. Rulemaking stage

62 ...... Project Approval for Single Family Condominium (FR–5715) ...... 2502–AJ30 Final Rule Stage. 63 ...... Housing Opportunity Through Modernization Act of 2016 (FR–6057) ...... 2577–AD03 Proposed Rule Stage.

DEPARTMENT OF THE INTERIOR

Regulation Sequence No. Title Identifier No. Rulemaking stage

64 ...... Rescission of the 2015 BLM Hydraulic Fracturing Rule ...... 1004–AE52 Final Rule Stage.

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DEPARTMENT OF JUSTICE

Regulation Sequence No. Title Identifier No. Rulemaking stage

65 ...... Public Safety Officers’ Benefits Program Regulations ...... 1121–AA85 Final Rule Stage.

DEPARTMENT OF LABOR

Regulation Sequence No. Title Identifier No. Rulemaking stage

66 ...... Request for Information Defining and Delimiting the Exemptions for Executive, 1235–AA20 Proposed Rule Stage. Administrative, Professional, Outside Sales and Computer Employees. 67 ...... Apprenticeship Programs, Labor Standards for Registration, Amendment of Reg- 1205–AB85 Proposed Rule Stage. ulations. 68 ...... Tracking of Workplace Injuries and Illnesses ...... 1218–AD17 Proposed Rule Stage. 69 ...... Occupational Exposure to Beryllium ...... 1218–AB76 Final Rule Stage. 70 ...... Standards Improvement Project IV ...... 1218–AC67 Final Rule Stage.

DEPARTMENT OF TRANSPORTATION

Regulation Sequence No. Title Identifier No. Rulemaking stage

71 ...... Pilot Records Database (HR 5900) ...... 2120–AK31 Proposed Rule Stage. 72 ...... Orbital Debris Mitigation Methods for Launch Vehicle Upper Stages (Orbital De- 2120–AK81 Proposed Rule Stage. bris). 73 ...... Operations of Small Unmanned Aircraft Over People ...... 2120–AK85 Proposed Rule Stage. 74 ...... Pilot Professional Development ...... 2120–AJ87 Final Rule Stage. 75 ...... Transport Airplane Fuel Tank and System Lightning Protection ...... 2120–AK24 Final Rule Stage. 76 ...... Registration and Marking Requirements for Small Unmanned Aircraft ...... 2120–AK82 Final Rule Stage. 77 ...... Rear Seat Belt Reminder System ...... 2127–AL37 Proposed Rule Stage. 78 ...... Passenger Car and Light Truck Corporate Average Fuel Economy Standards 2127–AL76 Proposed Rule Stage. MYs 2022–2025. 79 ...... Passenger Equipment Safety Standards Amendments ...... 2130–AC46 Final Rule Stage. 80 ...... Private Investment Project Procedures ...... 2132–AB27 Proposed Rule Stage. 81 ...... Public Transportation Agency Safety Plans ...... 2132–AB23 Final Rule Stage. 82 ...... Pipeline Safety: Class Location Requirements ...... 2137–AF29 Prerule Stage. 83 ...... Pipeline Safety: Safety of Hazardous Liquid Pipelines ...... 2137–AE66 Final Rule Stage. 84 ...... Pipeline Safety: Gas Transmission ...... 2137–AE72 Final Rule Stage. 85 ...... Hazardous Materials: Oil Spill Response Plans and Information Sharing for High- 2137–AF08 Final Rule Stage. Hazard Flammable Trains. 86 ...... Hazardous Materials: Enhanced Safety Provisions for Lithium Batteries Trans- 2137–AF20 Final Rule Stage. ported by Aircraft.

DEPARTMENT OF VETERANS AFFAIRS

Regulation Sequence No. Title Identifier No. Rulemaking stage

87 ...... Prosthetic and Rehabilitative Items and Services ...... 2900–AP46 Proposed Rule Stage. 88 ...... Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisi- 2900–AP58 Proposed Rule Stage. tion Regulation Principles (VAAR Case 2014–V005, Parts 812 and 813). 89 ...... Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisi- 2900–AP81 Proposed Rule Stage. tion Regulation Principles (VAAR Case 2014–V004, Parts 811 and 832). 90 ...... Beneficiary Travel ...... 2900–AP89 Proposed Rule Stage. 91 ...... Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisi- 2900–AQ02 Proposed Rule Stage. tion Regulation Principles (VAAR Case 2015–V010). 92 ...... Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisi- 2900–AQ04 Proposed Rule Stage. tion Regulation Principle (VAAR Case 2016–V002, Parts 829, 846 and 847). 93 ...... Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisi- 2900–AQ05 Proposed Rule Stage. tion Regulation Principle (VAAR Case 2016–V003, Parts 844 and 845). 94 ...... Authority of Health Care Providers to Practice Telehealth ...... 2900–AQ06 Proposed Rule Stage. 95 ...... Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisi- 2900–AQ18 Proposed Rule Stage. tion Regulation Principles (VAAR Case 2014–V008). 96 ...... Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisi- 2900–AQ19 Proposed Rule Stage. tion Regulation Principles (VAAR Case 2014–V006). 97 ...... Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisi- 2900–AQ20 Proposed Rule Stage. tion Regulation Principles (VAAR Case 2015–V011). 98 ...... Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisi- 2900–AQ21 Proposed Rule Stage. tion Regulation Principles (VAAR Case 2015–V012). 99 ...... Per Diem Paid to States for Care of Eligible Veterans in State Homes ...... 2900–AO88 Final Rule Stage.

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DEPARTMENT OF VETERANS AFFAIRS—Continued

Regulation Sequence No. Title Identifier No. Rulemaking stage

100 ...... Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisi- 2900–AP50 Final Rule Stage. tion Regulation Principles (VAAR Case 2014–V001, Parts 803, 814 and 822). 101 ...... Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisi- 2900–AP82 Final Rule Stage. tion Regulation Principles (VAAR Case 2014–V002, Parts 816 and 828). 102 ...... Reimbursement for Emergency Treatment ...... 2900–AQ08 Final Rule Stage.

ENVIRONMENTAL PROTECTION AGENCY

Regulation Sequence No. Title Identifier No. Rulemaking stage

103 ...... State Guidelines for Greenhouse Gas Emissions From Existing Electric Utility 2060–AT67 Prerule Stage. Generating Units. 104 ...... Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and 2060–AT54 Proposed Rule Stage. Modified Sources Reconsideration. 105 ...... Pesticides; Certification of Pesticide Applicators Rule; Reconsideration of the 2070–AK37 Proposed Rule Stage. Minimum Age Requirements. 106 ...... Pesticides; Agricultural Worker Protection Standard; Reconsideration of Several 2070–AK43 Proposed Rule Stage. Requirements. 107 ...... Clean Water Act Hazardous Substances Spill Prevention ...... 2050–AG87 Proposed Rule Stage. 108 ...... Hazardous and Solid Waste Management System: Disposal of Coal Combustion 2050–AG88 Proposed Rule Stage. Residues From Electric Utilities: Remand Rule. 109 ...... Accidental Release Prevention Requirements: Risk Management Programs 2050–AG95 Proposed Rule Stage. Under the Clean Air Act; Reconsideration of Amendments. 110 ...... National Primary Drinking Water Regulations for Lead and Copper: Regulatory 2040–AF15 Proposed Rule Stage. Revisions. 111 ...... Second Action: Definition of ’Waters of the United States’ ...... 2040–AF75 Proposed Rule Stage. 112 ...... Renewable Fuel Volume Standards for 2018 and Biomass Based Diesel Volume 2060–AT04 Final Rule Stage. (BBD) for 2019. 113 ...... Repeal of Carbon Pollution Emission Guidelines for Existing Stationary Sources: 2060–AT55 Final Rule Stage. Electric Utility Generating Units. 114 ...... Financial Responsibility Requirements Under CERCLA Section 108(b) for Class- 2050–AG61 Final Rule Stage. es of Facilities in the Hardrock Mining Industry. 115 ...... Definition of ‘‘Waters of the United States’’—Recodification of Pre-existing Rule .. 2040–AF74 Final Rule Stage.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Regulation Sequence No. Title Identifier No. Rulemaking stage

116 ...... Federal Sector Equal Employment Opportunity Process ...... 3046–AB00 Proposed Rule Stage. 117 ...... Amendments to Regulations Under the Americans With Disabilities Act ...... 3046–AB10 Proposed Rule Stage. 118 ...... Amendments to Regulations Under the Genetic Information Nondiscrimination 3046–AB11 Proposed Rule Stage. Act of 2008.

SMALL BUSINESS ADMINISTRATION

Regulation Sequence No. Title Identifier No. Rulemaking stage

119 ...... SBA Express Loan Program; Export Express Program ...... 3245–AG74 Proposed Rule Stage. 120 ...... Women-Owned Small Business and Economically Disadvantaged Women- 3245–AG75 Proposed Rule Stage. Owned Small Business—Certification. 121 ...... Office of Women’s Business Ownership: Women’s Business Center Program ...... 3245–AG02 Final Rule Stage.

SOCIAL SECURITY ADMINISTRATION

Regulation Sequence No. Title Identifier No. Rulemaking stage

122 ...... Investigative Policies for Organizational Representative Payees ...... 0960–AH79 Prerule Stage. 123 ...... Revised Medical Criteria for Evaluating Musculoskeletal Disorders (3318P) ...... 0960–AG38 Proposed Rule Stage. 124 ...... Update to the Comprehensive Medical Listings—Revised Medical Criteria for 0960–AG65 Proposed Rule Stage. Evaluating Digestive Disorders, Cardiovascular Disorders, and Skin Disorders. 125 ...... Minimum Monthly Withholding Amount for Recovery of Title II Benefit Overpay- 0960–AH42 Proposed Rule Stage. ments (3752P). 126 ...... Removing Ability to Communicate in English as a Vocational Factor ...... 0960–AH86 Proposed Rule Stage. 127 ...... Use of Electronic Payroll Data To Improve Program Administration ...... 0960–AH88 Proposed Rule Stage.

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SOCIAL SECURITY ADMINISTRATION—Continued

Regulation Sequence No. Title Identifier No. Rulemaking stage

128 ...... Newer and Stronger Penalties (Conforming Changes) ...... 0960–AH91 Proposed Rule Stage. 129 ...... Privacy Act Exemption: Personnel Security and Suitability Program Files ...... 0960–AH97 Proposed Rule Stage. 130 ...... References to Social Security and Medicare in Electronic Communications ...... 0960–AI04 Proposed Rule Stage. 131 ...... Availability of Information and Records to the Public ...... 0960–AI07 Proposed Rule Stage. 132 ...... Privacy Act Exemption: Social Security Administration Violence and Reporting 0960–AI08 Proposed Rule Stage. System (SSAvers). 133 ...... Redeterminations When There is a Reason To Believe Fraud or Similar Fault 0960–AI10 Proposed Rule Stage. Was Involved in an Individual’s Application for Benefits. 134 ...... Changes to the Requirements for Claimant Representation ...... 0960–AI22 Proposed Rule Stage. 135 ...... Making Permanent the Attorney Advisor Program ...... 0960–AI23 Final Rule Stage.

DOD/GSA/NASA (FAR)

Regulation Sequence No. Title Identifier No. Rulemaking stage

136 ...... Federal Acquisition Regulation (FAR); FAR Case 2018–002, Protecting Life in 9000–AN62 Proposed Rule Stage. Global Health Assistance.

NATIONAL INDIAN GAMING COMMISSION

Regulation Sequence no. Title identifier no. Rulemaking stage

137 ...... Class II Minimum Internal Control Standards ...... 3141–AA60 Proposed Rule Stage. 138 ...... Minimum Internal Control Standards ...... 3141–AA55 Final Rule Stage.

BILLING CODE 6820–27–P government to work more effectively research available so Congress can make together for the benefit of rural facts-based, data-driven decisions to Americans. The Task Force is ensure a robust agricultural economy DEPARTMENT OF AGRICULTURE examining barriers to economic and increased opportunities in rural prosperity in rural America and how areas. Reauthorization of the Farm Bill Fall 2017 Statement of Regulatory innovation, infrastructure, and provides an opportunity to introduce Priorities technology can assist agriculture and program reforms to eliminate obsolete Regulatory reform is one of the help rural communities thrive. The Task and underperforming programs, cornerstones of the Department of Force is examining regulations across simplify the administration of programs, Agriculture’s (USDA) strategy for the Federal government to identify and improve program outcomes. creating a culture of consistent, efficient obsolete, inefficient, or unnecessary ➢ Organizational Reform: To ensure service to our customers, while reducing regulations that impede economic that USDA’s programs, agencies, and burdens and improving efficiency. growth. offices best serve the Department’s USDA’s regulatory reform efforts, ➢ Regulatory Reform Task Force customers, USDA is implementing combined with other reform efforts, will (RRTF): In response to Executive Order organizational changes that are targeted make it easier to invest, produce, and 13777—Enforcing the Regulatory at improving customer service. Through build in rural America, which will lead Reform Agenda and Executive Order these reforms, USDA is breaking down to the creation of jobs and enhanced 13771—Reducing Regulation and organizational barriers that have economic prosperity. To achieve results, Controlling Regulatory Costs, which set impeded the Department’s ability to USDA is guided by the following forth expectations for reducing the most effectively and efficiently support comprehensive set of priorities through regulatory burden on the public, the its customers across the Nation and which the Department, its employees, Department has established an internal around the world. Examples of the and external partners will work to RRTF to identify outdated regulations organizational reforms include the identify and eliminate regulatory and for elimination and administrative establishment of an Under Secretary for administrative barriers and improve processes for streamlining. The USDA Trade and Foreign Agricultural Affairs business processes to enhance program RRTF is comprised of senior agency to ensure that American agriculture delivery and reduce burdens on managers representing all the major benefits from new and expanded trade program participants. These priorities missions of the Department. USDA is opportunities and the consolidation of include: also soliciting public comments on administrative functions at the mission ➢ Agricultural and Rural Prosperity recommended reforms through July area level to eliminate inefficiencies. Task Force: Executive Order 13790— 2018. These reforms and strategies allow the Promoting Agriculture and Rural ➢ Farm Bill Reform: As the 2014 Department to best support the needs of Prosperity in America established the Farm Bill will soon expire, the its customers. Through the inter-Departmental Task Force chaired Department is evaluating past practices implementation of these improvements, by Secretary Perdue to identify to identify opportunities for policy and USDA will be better positioned to opportunities for the Federal technical improvements, and to make remove obstacles, and give agricultural

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producers every opportunity to prosper be completely offset by cost savings utilizing technologies that were not and feed a growing world population. brought about by deregulation. available when these regulations were These improvements support the The Department’s 2017 fall Regulatory last amended in 1984 to ensure a accomplishment of USDA’s mission to Agenda reflects the Department’s broader swath of the interested public is provide leadership on agriculture, food, commitment to regulatory reform and notified of opportunities to review and natural resources, rural prosperity, continues USDA’s rigorous comment on policy changes; and (3) nutrition, and related issues through implementation of Executive Order increasing the efficiency of the directive fact-based, data-driven, and customer- 13771. The regulatory agenda identifies revision process to reduce focused decisions. 76 rules, of which 44 rules are administrative costs and permit more The Department’s fall 2017 Statement deregulatory. The remaining 32 rules are frequent and timely updates. For more of Regulatory Priorities reflects the not subject to the offsetting or information about this rule, see RIN Administration’s commitment to deregulatory requirements of Executive 0596–AC65. regulatory reform and USDA’s rigorous Order 13771. Of the total number of ➢ Streamline National Environmental implementation of Executive Orders deregulatory actions, USDA has Policy Act (NEPA) implementing 13777 and 13771. identified 29 final rules that will be procedures: The Animal and Plant completed in FY 2018 and will result in Health Inspection Service (APHIS) and Executive Order 13777 a cost savings. Although we have not the Forest Service are adjusting Executive Order 13777 establishes a estimated the savings for 26 of these procedures that set out the NEPA Federal policy to lower regulatory actions, they are considered implementing procedures for each burdens on the American people by deregulatory actions that USDA will agency based on accumulated implementing and enforcing regulatory implement to meet the direction that an experience of the agencies. APHIS will reform. The RRTF reviewed proposed, agency issues twice as many Executive issue a proposed rule to incorporate pending and existing regulations to Order 13771 deregulatory actions as scientific data accumulated since 1995 determine the deregulatory and new Executive Order 13771 regulatory on the environmental impact of covered regulatory actions to include in the 2017 actions. actions, clarify categories of action for fall Regulatory Agenda. The RRTF USDA’s 2017 fall Statement of which APHIS would normally complete identified over 270 reform initiatives, Regulatory Priorities was developed to an environmental impact statement or including 101 deregulatory actions that lower regulatory burdens on the an environmental assessment for an will save the public from unnecessary American people by implementing and action, expand the list of actions subject regulatory burdens. These actions were enforcing regulatory reform. These to categorical exclusion from further further evaluated to determine which regulatory priorities will contribute to environmental documentation, and set ones should be made a priority based on the mission of the Department, the out an environmental documentation the impact of the proposals and the achievement of the long-term goals the process for use in emergencies. For ability to complete the action in FY Department aims to accomplish. more information about this rule, see 2018. Highlights of how the Department’s RIN 0579–AC60. The Forest Service will Executive Order 13777 also directed regulatory reform efforts contribute to publish a proposed rule to eliminate the Department to seek input from the accomplishment of the Department’s outdated requirements and revise entities significantly affected by Federal strategic goals include the following: aspects of the analysis framework, regulations. To satisfy this requirement, A primary goal of the Department is scoping and public engagement, and the Department published a Request for to ensure that programs are delivered determining significance. For more Information (RFI) in the Federal efficiently, effectively, with integrity, information about this rule, see RIN Register on July 17, 2017, seeking and a focus on customer service: To 0596–AD31. public input on identifying regulatory achieve this, USDA is working to ➢ Establish de minimis exemptions reform initiatives (82 FR 32649). The leverage the strength and talent of for applying for animal licenses and RFI asked the public to identify USDA employees with continued renewals under the Animal Welfare Act regulations, guidance documents, or any dedication to data-driven enterprise (AWA): The Animal and Plant Health other policy documents or solutions through collaborative Inspection Service will issue a final rule administrative processes that need governance and human capital to exempt entities with a small number reform, as well as ideas on how to management strategies centered on of animals from the requirement to modify, streamline, expand, or repeal accountability and professional obtain an AWA license. This action will such items. While comments to the development. USDA will reduce reduce regulatory burden on small notice do not bind USDA to any further regulatory and administrative burdens entities while also allowing APHIS to actions, all submissions will be hindering agencies from reaching the target enforcement efforts where they reviewed and will significantly inform greatest number of stakeholders. are most needed. For more information actions to repeal, replace, or modify Improved customer service and about this rule, see RIN 0579–AD99. existing regulations. employee engagement within USDA Coupled with this de minimis rule, will create a more effective and APHIS is considering a proposed rule Executive Order 13771 accessible organization for all that would promote compliance with Executive Order 13771 directs stakeholders. the AWA by (1) reducing licensing fees agencies to eliminate two existing ➢ Streamline and expand public and (2) strengthening existing regulations for every new regulation engagement in the development and safeguards that prevent an individual while limiting the total costs associated modification of national forest whose license has been suspended or with an agency’s regulations. management policies: This final rule revoked, or who has a history of Specifically, it requires a regulatory will provide greater opportunity for noncompliance, from obtaining a two-for-one wherein an agency must public participation in the formulation license or working with regulated propose the elimination of two existing of standards, criteria and guidelines animals. For more information about regulations for every new regulation it applicable to Forest Service programs this rule, see RIN 0579–AE35 publishes. Moreover, the costs by: (1) Expanding the scope of ➢ Establish de minimis levels for associated with the new regulation must documents subject to such review; (2) enforcing Lacey Act requirements: The

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Food, Conservation, and Energy Act of Genetically Engineered Organisms: within the final rule (0581–AD44), the 2008 amended the Lacey Act to provide, APHIS withdrew its proposed rule to public was asked to comment on which among other things, that importers revise the Department’s biotechnology of the following four actions they submit a declaration at the time of regulations and will re-engage with believed would be best for USDA to take importation for certain plants and plant stakeholders to determine the most with regard to the disposition of the products. The declaration requirements effective, science-based approach for final rule (0581–AD44). The options of the Lacey Act became effective on regulating the products of modern were: Let the rule become effective on December 15, 2008, and enforcement of biotechnology while protecting plant November 14, 2017; Suspend the rule those requirements is being phased in. health. APHIS issued the proposed rule indefinitely; Delay the effective date of APHIS will propose an exception to the on January 19, 2017, and received 208 the rule further, beyond the effective declaration requirements for products public comments. APHIS will maintain date of November 14, 2017; Withdraw containing composite plant materials, and follow current biotechnology the rule so that USDA would not pursue and establish an exception to the regulations for safely handling the implementation of the rule. Comments declaration requirement for products importation, interstate movement, and were received on all four options. Based containing a minimal amount of plant environmental release of genetically on the content of the comments received materials. Both actions would relieve engineered organisms as we re-engage and the evaluation those comments the burden on importers, while with stakeholders to determine the most generated, the option to delay the continuing to ensure that the effective approach for regulating these effective date further was chosen. For declaration requirement fulfills the products. For more information about more information about this rule, see purposes of the Lacey Act. For more this rule, see RIN 0579–AE15. RIN 0581–AD74. USDA plans to information about this rule, see RIN ➢ Implement the National propose the final disposition of 0581– 0579–AD44. Bioengineered Food Disclosure AD44 in December 2017. For more ➢ Reduce the time it takes to issue Standard: This action is mandated by information about this rule, see RIN housing loans. The Housing the National Bioengineered Food 0581–AD75. Opportunity through Modernization Act Disclosure Standard (Law), which ➢ Updating plant pest regulations: of 2016 permits the Secretary to delegate requires USDA to develop a national APHIS is planning to update regulations authority to approve and execute single standard and the procedures for its regarding the movement of plant pests family housing loan guarantees directly implementation within two years of the to establish criteria governing the to preferred lenders, those lenders Law’s enactment. Pursuant to the law, movement and environmental release of whose loans have performed well and AMS will propose requirements that, if biological control organisms, and to who have demonstrated strong finalized, will serve as a national establish regulations allowing the underwriting capability. To take mandatory bioengineered food importation and movement in interstate advantage of this authority, the Rural disclosure standard for bioengineered commerce of certain types of plant pests Housing Service (RHS) will propose to food and food that may be without restriction by granting delegate loan approval authority to bioengineered. For more information exceptions from permitting preferred lenders participating in the about this rule, see RIN 0581–AD54. requirements for those pests. These Single Family Housing Guaranteed Loan ➢ Withdrawal of the Scope of updates would include the movement of Program. Preferred lenders would be Sections 202(a) and (b) of the Packers soil. This action would clarify the responsible for certifying that both the and Stockyards Act (Act) interim final factors that would be considered when applicant and property meet all program rule: On December 20, 2016, the Grain assessing the risks associated with the requirements and eligible for the Inspection, Packers and Stockyards movement of certain organisms and guarantee. The revisions are expected to Administration (GIPSA) published an facilitates the movement of regulated shorten the loan approval and interim rule addressing the scope of organisms and articles in a manner that processing time by up to 12 days. For sections 202(a) and (b) of the Act, which also protects U.S. agriculture. For more more information about this rule, see enumerate unlawful practices under the information about this rule, see RIN RIN 0575–AD08 Act. The interim final rule was 0579–AC98. The Department is making it a priority originally scheduled to become effective ➢ Establishing a performance to maximize the ability of American on February 21, 2017. The effective date standard for authorizing the agricultural producers to prosper by of the final rule was delayed twice until importation and interstate movement of feeding and clothing the world: A strong October 19, 2017. On April 12, 2017, fruits and vegetables: APHIS would and prosperous agricultural sector is GIPSA published a proposed rule broaden the existing performance essential to the well-being of the overall requesting comments whether the final standard to provide for consideration of U.S. economy. America’s farmers and rule should be allowed to go into effect. all new fruits and vegetables for ranchers ensure a safe and reliable food On October 18, 2017, GIPSA published importation into the United States using and fuel supply and support job growth a final rule withdrawing the December a notice-based process rather than and economic development. To 20, 2016, interim final rule, ending the through proposed and final rules. maintain a strong agricultural economy, regulatory action. The interim final rule Likewise, APHIS would propose an USDA will support farmers in starting was found to conflict with case law in equivalent revision of the performance and maintaining profitable farm and several U.S. Court of Appeals Circuits, standard governing the interstate ranch businesses, as well as offer which Congress has declined to movements of fruits and vegetables from support to producers affected by natural overturn through legislation. Hawaii and the U.S. territories (Guam, disasters. The Department will continue Additionally, the interim final rule was Northern Mariana Islands, Puerto Rico, to work to create new markets and improperly issued without adequate and the U.S. Virgin Islands) and the support a competitive agricultural notice and opportunity for comment. removal of commodity-specific system by reducing barriers that inhibit For more information about this rule, phytosanitary requirements from those agricultural opportunities and economic see RIN 0580–AB28. regulations. This action will allow for growth. ➢ Re-evaluate the Organic Livestock the consideration of requests to ➢ Withdrawal of Proposed Rule and Poultry Program final rule: Because authorize the importation or interstate Regarding the Introduction of Certain of significant policy and legal issues movement of new fruits and vegetables

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in a manner that enables a more flexible FNA allows states to waive the time considering requiring establishments to and responsive regulatory approach to limit under certain circumstances. FNS implement written sanitary dressing evolving pest situations in both the would request public input on a plans to prevent contamination of United States and exporting countries. It proposed framework for modifying carcasses throughout the slaughter and will not, however, alter the science- ABAWD time-limit waivers with the dressing operation; modernizing process based process in which the risk goal of moving individuals to work as control sampling programs; and associated with importation or interstate the best solution for poverty, and to sampling the slaughter environment for movement of a given fruit or vegetable advance this goal consistent with the microbiological contamination. For is evaluated or the manner in which structure and the intent of the act. For more information about this rule, see risks associated with the importation or more information about this rule, see RIN 0583–AD62. interstate movement of a fruit or RIN 0584–AE57. ➢ Modernize egg products inspection: vegetable are mitigated. For more ➢ Provide regulatory flexibility for FSIS is proposing to replace current information about this rule, see RIN retailers in the Supplemental Nutrition regulations with HACCP Systems and 0579–AD71. Assistance Program (SNAP): FNS will Sanitation Standard Operating Providing all Americans access to a issue a proposed rule to modify the Procedures (SOPs), consistent with safe, nutritious, and secure food supply definition of the term ‘‘variety’’ as it HACCP and Sanitation SOP is USDA’s most important pertains to the stocking requirements for requirements in the meat and poultry responsibility, and it is one undertaken certain SNAP authorized retail food products inspection regulations. In with great seriousness. USDA has stores to increase the number of items addition, FSIS is proposing to remove critical roles in preventing foodborne that qualify as acceptable varieties in the current requirements for prior illness and protecting public health, the four staple food categories, meat, approval by FSIS of egg products plant while ensuring Americans have access poultry, fish, and dairy products. This drawings, specifications, and equipment to food and healthful diet. The proposed change will provide retailers prior to their use in official plants, Department will continue to prevent with more flexibility in meeting the provide for the generic labeling of egg contamination and limit foodborne enhanced SNAP eligibility requirements products, and require safe handling illness by expanding its modernization of the 2016 final rule and meet the labels on shell eggs and egg products. of food inspection systems, and USDA’s requirements expressed in the The agency is also proposing to move research, education, and extension Consolidated Appropriation Act of from continuous inspection to daily programs will continue to provide 2017. For more information about this inspection of establishments. For more information, tools, and technologies rule, see RIN 0584–AE61. ➢ information about this rule, see RIN about the causes of foodborne illness Reduce the reporting burden for 0583–AC58. and its prevention. USDA will continue nutrition program operators: FNS will to develop partnerships that support withdraw the interim final rule best practices in implementing effective provisions of the SNAP: Certification, nutrition assistance programs that Eligibility, and Employment and USDA—AGRICULTURAL MARKETING ensure eligible populations have access Training Provisions of the Food, Energy SERVICE (AMS) to programs that support their food and Conservation Act of 2008 rule Proposed Rule Stage needs. published on January 6, 2017. The ➢ Increase flexibilities provided to interim final rule portion increased 1. National Bioengineered Food school lunch program operators in requirements for Group Living Disclosure Standard meeting nutrition requirements: The Arrangements and Drug and Alcohol Priority: Other Significant. Food and Nutrition Service (FNS) plans Treatment Centers. Comments received E.O. 13771 Designation: Other. to issue an interim final rule that on these changes indicated that the Legal Authority: Pub. L. 114–216; 7 provides flexibilities consistent with regulatory change presented significant U.S.C. 1621 to 1627 those currently available to Program technical and administrative challenges. CFR Citation: 7 CFR 1285. operators participating in the Child For more information about this rule, Legal Deadline: None. Nutrition Programs beginning in School see RIN 0584–AE54. Abstract: On July 29, 2016, the Year 2018–2019. These flexibilities ➢ Modernize swine slaughter Agricultural Marketing Act of 1946 was include: (1) Providing operators the inspection: The Food Safety and amended to establish a National option to offer flavored, low-fat (1 Inspection Service (FSIS) is proposing Bioengineered Food Disclosure percent fat) milk in the Child Nutrition to establish a voluntary New Swine Standard (Law) (Pub. L. 114–216). Programs; (2) extending the State Inspection System (NSIS) for market- Pursuant to the law, this NPRM will agencies’ option to allow individual hog slaughter establishments, and propose requirements that, if finalized, school food authorities to include grains mandatory provisions for all swine will serve as a national mandatory that are not whole grain-rich in the slaughtering establishments (i.e., bioengineered food disclosure standard weekly menu offered under the National including those that also slaughter for bioengineered food and food that School Lunch Program (NSLP) and roaster swine, sows, and boars). NSIS may be bioengineered. School Breakfast Program (SBP); and (3) will provide for increased offline Statement of Need: This action is revising the sodium reduction timeline inspection activities that are more mandated by Public Law 114–216. for the NSLP and SBP. For more directly related to food safety resulting Summary of Legal Basis: The information about this rule, see RIN in greater compliance with sanitation authority for this action is provided by 0584–AE53. and Hazard Analysis and Critical the Agricultural Marketing Act of 1946 ➢ Improve effectiveness and Control Point (HACCP) regulations and as amended by Public Law 114–216. efficiency of moving individuals into reduce the risk of foodborne illness. Alternatives: The alternatives will be work: The Food and Nutrition Act of NSIS would also provide incentives to identified during the drafting stage and 2008 (FNA) establishes a time limit for establishments to improve their the public will be given the opportunity participation in SNAP of three months processing methods and to develop to comment on alternatives. in three years for able-bodied adults more efficient slaughter and dressing Anticipated Cost and Benefits: This without children who are not working. technologies. Additionally, FSIS is rule will fulfill the mandate of Public

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Law 114–216. The specific costs and are properly supported by legislative USDA—ANIMAL AND PLANT HEALTH benefits will be determined during the authority and requirements of executive INSPECTION SERVICE (APHIS) drafting of the proposed rule. AMS is orders are met. Proposed Rule Stage striving to fulfill the mandate while Summary of Legal Basis: AMS minimizing the burden on the regulated National Organic Program is authorized 3. Lacey Act Implementation Plan: De community. by the Organic Foods Production Act of Minimis Exception and Composite Risks: 1990 (OFPA) to establish national Articles Timetable: standards governing the marketing of Priority: Other Significant. Action Date FR Cite organically produced agricultural E.O. 13771 Designation: Deregulatory. products (7 U.S.C. 6501–6522). The Legal Authority: 16 U.S.C. 3371 et seq. NPRM ...... 12/00/17 USDA organic regulations set the CFR Citation: 7 CFR 357. Final Action ...... 07/00/18 requirements for the organic Legal Deadline: None. certification of agricultural products (7 Abstract: The Food, Conservation, Regulatory Flexibility Analysis CFR part 205). and Energy Act of 2008 amended the Required: Yes. Lacey Act to provide, among other Small Entities Affected: Businesses. Alternatives: As AMS evaluates the concerns outlined in the abstract, the things, that importers submit a Government Levels Affected: Federal. declaration at the time of importation Federalism: This action may have possible outcomes of the evaluation range from allowing the January 2017 for certain plants and plant products. federalism implications as defined in The declaration requirements of the E.O. 13132. final rule to become effective to withdrawing the January 2017 final rule. Lacey Act became effective on Agency Contact: Arthur Neal, Deputy December 15, 2008, and enforcement of Administrator, Transportation and Anticipated Cost and Benefits: AMS those requirements is being phased in. Marketing, Department of Agriculture, estimated that the discounted costs, We are proposing an exception to the Agricultural Marketing Service, Phone: transfers, and benefits of the January declaration requirements for products 202 692–1300. 2017 final rule, for three different RIN: 0581–AD54 containing composite plant materials. producer response scenarios, would We are also proposing to establish an range from $8.2 to $31 million annually exception to the declaration due to increased compliance and requirement for products containing a USDA—AMS regulatory burdens. In addition, there is minimal amount of plant materials. • also an estimated $3.9 million Both of these actions would relieve the 2. NOP: Organic Livestock and undiscounted annual paperwork Poultry Practices burden on importers while continuing burden. AMS also estimated transfers to ensure that the declaration Priority: Economically Significant. ranging from $80 to $86 million requirement fulfills the purposes of the Major under 5 U.S.C. 801. annually caused by producers exiting Lacey Act. E.O. 13771 Designation: Other. the organic market. AMS estimates the Statement of Need: Will update. Legal Authority: 7 U.S.C. 6501 to 6522 benefits would range from $3.3 to $31.6 CFR Citation: 7 CFR 205. Summary of Legal Basis: Will update. million for all producer response Alternatives: Will update. Legal Deadline: None. scenarios when the mathematical error Abstract: The Organic Livestock and Anticipated Cost and Benefits: Will is corrected. Poultry Practices final rule, published update. on January 19, 2017, adds provisions to Risks: This action is likely to be Risks: Will update. the USDA organic regulations to address contentious. Timetable: livestock and poultry living conditions, Timetable: Action Date FR Cite health care practices, and animal handling and transport, and during Action Date FR Cite ANPRM ...... 06/30/11 76 FR 38330 slaughter. The final rule was originally ANPRM Comment 08/29/11 scheduled to become effective on March NPRM ...... 12/00/17 Period End. 20, 2017; the effective date was NPRM ...... 12/00/17 subsequently delayed to May 19, 2017. Regulatory Flexibility Analysis AMS published a notice further Required: Yes. Regulatory Flexibility Analysis delaying the effective date to November Small Entities Affected: Businesses. Required: No. 14, 2017. Per a document published on Government Levels Affected: None. November 14, 2017, the January 2017 Government Levels Affected: None. International Impacts: This regulatory rule was further delayed to May 14, International Impacts: This regulatory action will be likely to have 2018. As stated within the November action will be likely to have international trade and investment 2017 publication, this proposed rule international trade and investment effects, or otherwise be of international requests public comments on: (1) The effects, or otherwise be of international interest. scope of the Secretary’s authority under interest. Additional Information: Additional of the Organic Foods Production Act Agency Contact: Jennifer Tucker, information about APHIS and its including 7 U.S.C. 6509; (2) whether the Associate Deputy Administrator, USDA programs is available on the internet at requirements in the final rule are the National Organic Program, Department http://www.aphis.usda.gov. most innovative and least burdensome of Agriculture, Agricultural Marketing Agency Contact: Parul Patel, Senior tool for meeting regulatory objectives; Service, 1400 Independence Avenue Agriculturalist, Permitting and and, (3) whether the revised benefits SW, Washington, DC 20250, Phone: 202 Compliance Coordination, PPQ, calculations, which corrected a 720–3252. Department of Agriculture, Animal and mathematical error in the final rule, Plant Health Inspection Service, 4700 justify the estimated costs. Related RIN: Related to 0581–AD44, River Road, Unit 60, Riverdale, MD Statement of Need: This action is Related to 0581–AD74 20737–1231, Phone: 301 851–2351. needed to ensure only regulations that RIN: 0581–AD75 RIN: 0579–AD44

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USDA—APHIS regulations, last amended in 1995, are exempt from licensing those dealers and outdated and in need of clarification. exhibitors who provide adequate levels Final Rule Stage Another alternative would be to of humane care to their animals, 4. National Environmental Policy Act establish criteria for categorical allowing us to target our enforcement Implementing Procedures exclusion that are less (or more) resources where they are most needed. Priority: Other Significant. restrictive, thus increasing (or Dealers and exhibitors operating at or E.O. 13771 Designation: Deregulatory. decreasing) the number of actions below the threshold will be exempted Legal Authority: 42 U.S.C. 4321 et seq. eligible for categorical exclusion. from APHIS licensing and oversight CFR Citation: 7 CFR 372. Anticipated Cost and Benefits: APHIS under the AWA. Legal Deadline: None. has determined that the proposed rule Statement of Need: A 2014 Farm Bill Abstract: We are amending the would not have a significant economic amendment to the Animal Welfare Act regulations that set out our National impact on a substantial number of small provides the Secretary of Agriculture Environmental Policy Act (NEPA) entities. Some entities will experience with the authority to determine when implementing procedures. The time and money savings, but the savings animal dealers and exhibitors are not amendments will clarify when we will should benefit only a few entities each required to obtain a license under the complete an environmental impact year. The proposal would also serve to Act, if the size of the business statement or an environmental analysis clarify the regulations and make the conducting AWA-related activities is for an action, provide additional NEPA process more transparent, which, determined by the Secretary to be de categories of actions for which we will although beneficial, should not have a minimis. This rule is necessary to prepare such documents, expand the list significant economic impact on affected establish the thresholds for what of actions subject to categorical entities. constitutes a de minimis level of exclusion from further environmental Risks: Not Applicable. activity. documentation, and set out an Timetable: Summary of Legal Basis: The environmental documentation process Agricultural Act of 2014 Farm Bill (Pub. Action Date FR Cite that could be used in emergencies. The L. 113–79), section 12308, which changes are intended to update the amended section 3 of the Animal NPRM ...... 07/20/16 81 FR 47051 Welfare Act (7 U.S.C. 2133). regulations and improve their clarity NPRM Com- 09/19/16 and effectiveness. ment Period Alternatives: Statement of Need: APHIS’ NEPA End. Anticipated Cost and Benefits: By the regulations were last amended in 1995. Final Rule ...... 03/00/18 very nature of this proposal, all entities The Council on Environmental Quality’s that would be affected are considered regulations for implementing NEPA at Regulatory Flexibility Analysis small. The entities most likely to be 40 CFR 1507.3(a) indicate that agencies Required: No. affected by this proposal are businesses ‘‘shall continue to review their policies Government Levels Affected: None. engaged in AWA-related exhibition and procedures and in consultation Additional Information: Additional activities that have small numbers of with the Council to revise them as information about APHIS and its regulated animals. This proposed rule necessary to ensure full compliance programs is available on the internet at would relieve regulatory responsibilities with the purposes and provisions of the http://www.aphis.usda.gov. for some currently licensed entities and Act.’’ Accordingly, we have evaluated Agency Contact: Eileen Sutker, APHIS reduce the cost of business for those our regulations and identified changes Federal NEPA Contact, Environmental entities. Those currently licensed that would clarify the regulations, make and Risk Analysis Services, PPD, exhibitors, breeders, and dealers who them more consistent with NEPA, and Department of Agriculture, Animal and are under the proposed de minimis allow us greater flexibility in fulfilling Plant Health Inspection Service, 4700 thresholds would no longer be subject to the requirements of NEPA and CEQ’s River Road, Unit 149, Riverdale, MD licensing, animal identification and NEPA implementing regulations while 20737–1238, Phone: 301 851–3043. recordkeeping requirements. responding to immediate disease and RIN: 0579–AC60 Risks: Establishing de minimis pest threats or damage to the thresholds in this proposal would allow environment. APHIS to direct inspection and enforcement efforts on higher risk Summary of Legal Basis: The National USDA—APHIS Environmental Policy Act of 1969 entities. (NEPA), as amended (42 U.S.C. 4321 et 5. Animal Welfare; Establishing De Timetable: seq.), is the United States’ basic charter Minimis Exemptions From Licensing Action Date FR Cite for protection of the environment. Priority: Other Significant. Consistent with NEPA and with the E.O. 13771 Designation: Deregulatory. NPRM ...... 08/04/16 81 FR 51386 requirements of CEQ’s NEPA Legal Authority: 7 U.S.C. 2131 to 2159 NPRM Comment 11/02/16 implementing regulations, APHIS’ CFR Citation: 9 CFR 1 to 3. Period End. NEPA regulations provide guidance, Legal Deadline: None. Final Rule ...... 02/00/18 sources of information and assistance, Abstract: In the 2014 Farm Bill, definitions, classifications of action, Congress amended the Animal Welfare Regulatory Flexibility Analysis identification of major planning and Act (AWA) to provide the Secretary of Required: Yes. decision points, opportunities for public Agriculture with the authority to Small Entities Affected: Businesses. involvement, and methods of processing determine what facilities and activities Government Levels Affected: Federal. different types of environmental involving AWA regulated animals are Additional Information: Additional documents. de minimis and therefore exempt from information about APHIS and its Alternatives: Leaving the regulations licensure and oversight. We are programs is available on the internet at unchanged would be unsatisfactory amending the AWA regulations to enact http://www.aphis.usda.gov. because it would perpetuate the current this new provision. This change Agency Contact: Kay Carter-Corker, situation; i.e., one in which the current provides APHIS with the flexibility to Director, National Policy Staff, Animal

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Care, Department of Agriculture, U.S.C. 1772(a)(1). School Breakfast to reduce establishments’ sampling Animal and Plant Health Inspection Program—Child Nutrition Act Section costs. Additionally, the proposed Service, 4700 River Road, Unit 84, 4(e)(1)(A)—42 U.S.C. 1773(e)(1)(A). regulations are expected to improve the Riverdale, MD 20737, Phone: 301 851– Smart Snacks in Schools—Child effectiveness of market hog slaughter 3748. Nutrition Act Section 10(b)—42 U.S.C. inspection, leading to a reduction in the RIN: 0579–AD99 1779(b). number of human illnesses attributed to Agency Contact: Charles H. Watford, products derived from market hogs. The Regulatory Review Specialist, proposed actions make better use of the Department of Agriculture, Food and USDA—FOOD AND NUTRITION Agency’s resources, which is expected Nutrition Service, 3101 Park Center SERVICE (FNS) to reduce the Agency’s personnel and Drive, Alexandria, VA 22302, Phone: training budgetary requirements. Final Rule Stage 703 605–0800, Email: charles.watford@ Establishments are expected to incur fns.usda.gov. 6. Child Nutrition Programs: increased labor and recordkeeping costs. RIN: 0584–AE53 Risks: None. Flexibilities for Milk, Whole Grains, Timetable: and Sodium Requirements Priority: Other Significant. Action Date FR Cite E.O. 13771 Designation: Deregulatory. USDA—FOOD SAFETY AND Legal Authority: 42 U.S.C. 1758; 42 INSPECTION SERVICE (FSIS) NPRM ...... 11/00/17 U.S.C. 1766; 42 U.S.C. 1772; 42 U.S.C. Proposed Rule Stage 1773; 42 U.S.C. 1779 Regulatory Flexibility Analysis CFR Citation: 7 CFR 210.10; 7 CFR 7. Modernization of Swine Slaughter Required: No. 210.11; 7 CFR 215.7a; 7 CFR 220.8; 7 Inspection Small Entities Affected: Businesses. CFR 226.20. Priority: Other Significant. Government Levels Affected: None. Legal Deadline: None. E.O. 13771 Designation: Deregulatory. Agency Contact: Matthew Michael, Abstract: This interim final rule Legal Authority: 21 U.S.C. 601 et seq. Director, Issuances Staff, Department of provides flexibilities consistent with CFR Citation: 9 CFR 301, 309, 310, Agriculture, Food Safety and Inspection those currently available by and 314. Service, Office of Policy and Program Congressional directive to program Legal Deadline: None. Development, 1400 Independence operators participating in the Child Abstract: The Food Safety and Avenue SW, Washington, DC 20250– Nutrition Programs for School Year Inspection Service (FSIS) is proposing 3700, Phone: 202 720–0345, Fax: 202 2018–2019. These flexibilities include: to amend the Federal meat inspection 690–0486, Email: matthew.michael@ (1) Providing operators the option to regulations to establish a new fsis.usda.gov. offer flavored, low-fat (one percent fat) inspection system for swine slaughter RIN: 0583–AD62 milk in the Child Nutrition Programs; establishments demonstrated to provide (2) extending the State agencies’ option greater public health protection than the to allow individual school food existing inspection system. The Agency USDA—FOREST SERVICE (FS) authorities to include grains that are not is also proposing several changes to the whole grain-rich in the weekly menu regulations that would affect all Final Rule Stage establishments that slaughter swine, offered under the National School 8. Administrative Issuances; Involving regardless of the inspection system Lunch Program (NSLP) and School the Public in the Formulation of Forest under which they operate. Breakfast Program (SBP); and (3) Service Directives (Rule) revising the sodium reduction timeline Statement of Need: The proposed for the NSLP and SBP. action is necessary to improve food Priority: Other Significant. Statement of Need: Will update. safety, improve compliance with the E.O. 13771 Designation: Deregulatory. Summary of Legal Basis: Will update. Humane Methods of Slaughter Act, Legal Authority: 16 U.S.C. 1612(a) Alternatives: Will update. improve the effectiveness of market hog CFR Citation: 7 CFR 2.7; 36 CFR Anticipated Cost and Benefits: Will slaughter inspection, make better use of 200.4; 36 CFR 216. update. the Agency’s resources, and remove Legal Deadline: None. Risks: Will update. unnecessary regulatory obstacles to Abstract: This procedural final rule Timetable: innovation. will provide greater opportunity for Summary of Legal Basis: public participation in the formulation Action Date FR Cite Alternatives: The Agency is of standards, criteria and guidelines considering alternatives such as: (1) A applicable to Forest Service programs Interim Final Rule 11/30/17 82 FR 56703 mandatory New Swine Slaughter by: (1) Expanding the scope of Interim Final Rule 01/29/18 documents subject to such review; (2) Comment Pe- Inspection System (NSIS) for market hog riod End. slaughter establishments and (2) a utilizing technologies that were not Interim Final Rule 07/01/18 voluntary NSIS for market hog available when these regulations were Effective. establishments, under which FSIS last amended in 1984 to ensure a would conduct the same offline broader swath of the interested public is Regulatory Flexibility Analysis inspection activities as traditional notified of opportunities to review and Required: No. inspection. comment on policy changes; and (3) Government Levels Affected: None. Anticipated Cost and Benefits: The increasing the efficiency of the directive Additional Information: School proposed regulations are expected to revision process to reduce Lunch—NSLA Section 9(a)(1)—42 benefit establishments by removing administrative costs and permit more U.S.C. 1758(a)(1). Child and Adult Care unnecessary regulatory obstacles to frequent and timely updates. Consistent Food Program—NSLA Section 17(g)—42 innovation and allowing establishments with 5 U.S.C. 553(d)(1), this rule is U.S.C. 1766(g) Special Milk Program— more flexibility in line configuration. issued as a final rule as it imposes no Child Nutrition Act Section 3(a)(1)—42 The proposed changes are also expected additional burdens on any governmental

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entity or the public but expands the and in the future. To achieve this vision, all regulations be written so as to be ability of such parties to comment upon Commerce works in partnership with understandable to those affected by the issuance of Agency policies set forth businesses, universities, communities, them. The Secretary also requires that in Forest Service rules and guidance. and workers to: Commerce afford the public the Statement of Need: Will update. 1. Innovate by creating new ideas maximum possible opportunity to Summary of Legal Basis: Will update. through cutting-edge science and participate in Departmental Alternatives: Will update. technology from advances in rulemakings, even where public Anticipated Cost and Benefits: Will nanotechnology, to ocean exploration, participation is not required by law. update. to broadband deployment, and by Commerce has implemented Risks: Will update. protecting American innovations Executive Order 13771 working through Timetable: through the patent and trademark its Regulatory Reform Task Force system; established under Executive Order Action Date FR Cite 2. Support entrepreneurship and 13777 to identify and prioritize commercialization by enabling deregulatory actions that each bureau Final Rule ...... 01/00/18 community development and within the Department can take to strengthening minority businesses and reduce and remove regulatory burdens Regulatory Flexibility Analysis small manufacturers; on stakeholders. Required: No. 3. Maintain U.S. economic In Fiscal Year 2018, Commerce Small Entities Affected: No. competitiveness in the global expects to publish approximately 2 Government Levels Affected: None. marketplace by promoting exports, regulatory actions and over 30 Agency Contact: Michael Migliori, ensuring a level playing field for U.S. deregulatory actions, far exceeding the Department of Agriculture, Forest businesses, advancing free, fair, and requirement under Executive Order Service, Washington, DC 20250, Phone: reciprocal trade, and ensuring that 13771 to publish two deregulatory 202 205–2496, Email: mmigliori@ technology transfer is consistent with actions for every one regulatory action. fs.fed.us. our nation’s economic and security Additionally, Commerce’s Regulatory RIN: 0596–AC65 interests; Reform Task Force will continue BILLING CODE: 3410–90–P 4. Provide effective management and working to execute directives under stewardship of our nation’s resources Executive Orders 13783 and 13807 to and assets to ensure sustainable streamline regulatory process and economic opportunities; and permitting reviews for new energy and DEPARTMENT OF COMMERCE (DOC) 5. Make informed policy decisions infrastructure projects. To that end, Statement of Regulatory and and enable better understanding of the Commerce may have other deregulatory Deregulatory Priorities economy by providing accurate actions to implement that do not economic and demographic data. currently appear in the agenda. Established in 1903, the Department Commerce is a vital resource base, Regulatory reform and agency of Commerce (Commerce) is one of the tireless advocate, and Cabinet-level streamlining are key elements to oldest Cabinet-level agencies in the voice for job creation. This Regulatory Commerce’s agenda for the next year. Federal Government. Commerce’s Plan tracks the most important Senior policy analysis, performance mission is to create the conditions for regulations that implement these policy measurements, and employee economic growth and opportunity by and program priorities, as well as new evaluations will incorporate these promoting innovation, efforts by the Department to remove priorities as the Department continues entrepreneurship, competitiveness, and unnecessary regulatory burdens on to regulate private industry through environmental stewardship. Commerce external stakeholders. multiple bureaus within the agency. has 12 operating units, which are responsible for managing a diverse Responding to the Administration’s National Oceanic and Atmospheric portfolio of programs and services, Regulatory Philosophy and Principles Administration ranging from trade promotion and The vast majority of the Commerce’s NOAA establishes and administers economic development assistance to programs and activities do not involve Federal policy for the conservation and broadband and the National Weather regulation. Of Commerce’s 12 primary management of the Nation’s oceanic, Service. operating units, only the National coastal, and atmospheric resources. It Commerce touches Americans daily, Oceanic and Atmospheric provides a variety of essential in many ways—making possible the Administration (NOAA) will be environmental and climate services vital daily weather reports and survey planning actions that are considered the to public safety and to the Nation’s research; facilitating technology that all ‘‘most important’’ significant pre- economy, such as weather forecasts, of us use in the workplace and in the regulatory or regulatory actions for FY drought forecasts, and storm warnings. home each day; supporting the 2018. During the next year, NOAA plans It is a source of objective information on development, gathering, and to publish five rulemaking actions that the state of the environment. NOAA transmission of information essential to are designated as Regulatory Plan plays the lead role in achieving competitive business; enabling the actions. The Bureau of Industry and Commerce’s goal of promoting diversity of companies and goods found Security (BIS) may also publish stewardship by providing assessments in America’s and the world’s rulemaking actions designated as of the global environment. marketplace; and supporting Regulatory Plan actions. Further Recognizing that economic growth environmental and economic health for information on these actions is provided must go hand-in-hand with the communities in which Americans below. environmental stewardship, Commerce, live. Commerce has a long-standing policy through NOAA, conducts programs Commerce has a clear and compelling to prohibit the issuance of any designed to provide a better vision for itself, for its role in the regulation that discriminates on the understanding of the connections Federal Government, and for its roles basis of race, religion, gender, or any between environmental health, supporting the American people, now other suspect category and requires that economics, and national security.

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Commerce’s emphasis on ‘‘sustainable positioning services. In the participant, enable stressed stocks to fisheries’’ is designed to boost long-term environmental assessment and rebuild. Other measures include economic growth in a vital sector of the prediction area, goals include: staggering fishing seasons or limiting U.S. economy while conserving the Understanding the impacts of a gear types to avoid gear conflicts on the resources in the public trust and changing climate and communicating fishing grounds and establishing minimizing any economic dislocation that understanding to government and seasonal and area closures to protect necessary to ensure long-term economic private sector stakeholders enabling fishery stocks. growth. Commerce is where business them to adapt; continually improving The FMCs provide a forum for public and environmental interests intersect, the National Weather Service; debate and, using the best scientific and the classic debate on the use of implementing reliable seasonal and information available, make the natural resources is transformed into a interannual climate forecasts to guide judgments needed to determine ‘‘win-win’’ situation for the economic planning; providing science- optimum yield on a fishery-by-fishery environment and the economy. based policy advice on options to deal basis. Optional management measures Three of NOAA’s major components, with very long-term (decadal to are examined and selected in the National Marine Fisheries Services centennial) changes in the environment; accordance with the national standards (NMFS), the National Ocean Service and advancing and improving short- set forth in the Magnuson-Stevens Act. (NOS), and the National Environmental term warning and forecast services for This process, including the selection of Satellite, Data, and Information Service the entire environment. the preferred management measures, (NESDIS), exercise regulatory authority. constitutes the development, in NMFS oversees the management and Magnuson-Stevens Fishery simplified form, of an FMP. The FMP, conservation of the Nation’s marine Conservation and Management Act together with draft implementing fisheries, protects threatened and Magnuson-Stevens Fishery regulations and supporting endangered marine and anadromous Conservation and Management Act documentation, is submitted to NMFS species and marine mammals, and (Magnuson-Stevens Act) rulemakings for review against the national standards promotes economic development of the concern the conservation and set forth in the Magnuson-Stevens Act, U.S. fishing industry. NOS assists the management of fishery resources in the in other provisions of the Act, and other coastal States in their management of U.S. Exclusive Economic Zone applicable laws. The same process land and ocean resources in their (generally 3–200 nautical miles). Among applies to amending an existing coastal zones, including estuarine the several hundred rulemakings that approved FMP. research reserves; manages the national NOAA plans to issue in FY 2018, a marine sanctuaries; monitors marine number of the regulatory and Marine Mammal Protection Act pollution; and directs the national deregulatory actions will be significant. The Marine Mammal Protection Act program for deep-seabed minerals and The exact number of such rulemakings of 1972 (MMPA) provides the authority ocean thermal energy. NESDIS is unknown, since they are usually for the conservation and management of administers the civilian weather initiated by the actions of eight regional marine mammals under U.S. satellite program and licenses private Fishery Management Councils (FMCs) jurisdiction. It expressly prohibits, with organizations to operate commercial that are responsible for preparing certain exceptions, the take of marine land-remote sensing satellite systems. fishery management plans (FMPs) and mammals. The MMPA allows, upon Commerce, through NOAA, has a FMP amendments, and for drafting request, the incidental take of marine unique role in promoting stewardship of implementing regulations for each mammals by U.S. citizens who engage the global environment through managed fishery. NOAA issues in a specified activity (e.g., oil and gas effective management of the Nation’s regulations to implement FMPs and development, pile driving) within a marine and coastal resources and in FMP amendments. Once a rulemaking is specified geographic region. NMFS monitoring and predicting changes in triggered by an FMC, the Magnuson- authorizes incidental take under the the Earth’s environment, thus linking Stevens Act places stringent deadlines MMPA if we find that the taking would trade, development, and technology upon NOAA by which it must exercise be of small numbers, have no more than with environmental issues. NOAA has its rulemaking responsibilities. FMPs a ‘‘negligible impact’’ on those marine the primary Federal responsibility for and FMP amendments for Atlantic mammal species or stock, and would providing sound scientific observations, highly migratory species, such as not have an ‘‘unmitigable adverse assessments, and forecasts of bluefin tuna, swordfish, and sharks, are impact’’ on the availability of the environmental phenomena on which developed directly by NOAA, not by species or stock for ‘‘subsistence’’ uses. resource management, adaptation, and FMCs. NMFS also initiates rulemakings under other societal decisions can be made. FMPs address a variety of issues the MMPA to establish a management In the environmental stewardship including maximizing fishing regime to reduce marine mammal area, NOAA’s goals include: Rebuilding opportunities on healthy stocks, mortalities and injuries as a result of and maintaining strong U.S. fisheries by rebuilding overfished stocks, and interactions with fisheries. In addition, using market-based tools and ecosystem addressing gear conflicts. One of the the MMPA allows NMFS to permit the approaches to management; conserving, problems that FMPs may address is collection of wild animals for scientific protecting, and recovering threatened preventing overcapitalization research or public display or to enhance and endangered marine and (preventing excess fishing capacity) of the survival of a species or stock, and anadromous species and marine fisheries. This may be resolved by established the Marine Mammal mammals while still allowing for market-based systems such as catch Commission, which makes economic and recreational shares, which permit shareholders to recommendations to the Secretaries of opportunities; promoting healthy harvest a quantity of fish and which can the Departments of Commerce and the coastal ecosystems by ensuring that be traded on the open market. Harvest Interior and other Federal officials on economic development is managed in limits based on the best available protecting and conserving marine ways that maintain biodiversity and scientific information, whether as a total mammals. The Act underwent long-term productivity for sustained fishing limit for a species in a fishery or significant changes in 1994 to allow for use; and modernizing navigation and as a share assigned to each vessel takings incidental to commercial fishing

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operations, to provide certain considered deregulatory, as defined by mortality) of marine mammals with exemptions for subsistence and Executive Order 13771. Such actions certain exceptions, including through scientific uses, and to require the directly benefit the regulated the issuance of incidental take preparation of stock assessments for all community by increasing access, authorizations. Where there is a marine mammal stocks in waters under providing more economic opportunity, reasonable likelihood of an activity U.S. jurisdiction. reducing costs, and/or increasing resulting in the take of marine flexibility. A specific example of such mammals—as is the case for certain Endangered Species Act an action is the Commerce Trusted methods of geophysical exploration, The Endangered Species Act of 1973 Trader Program, as described below. including the use of airgun arrays (i.e., (ESA) provides for the conservation of Other examples include actions ‘‘seismic surveys’’)—action proponents species that are determined to be implementing FMPs that alleviate or must ensure that take occurs in a lawful ‘‘endangered’’ or ‘‘threatened,’’ and the reduce previous requirements. manner. However, there has not conservation of the ecosystems on 1. Illegal, Unregulated, and previously been any analysis of industry which these species depend. The ESA Unreported Fishing; Fisheries survey activities in the Gulf of Mexico authorizes both NMFS and the Fish and Enforcement; High Seas Driftnet Fishing conducted pursuant to requirements of Wildlife Service (FWS) to jointly Moratorium Protection Act (0648– MMPA, and industry operators have administer the provisions of the ESA. BG11): The U.S. is a signatory to the been, and currently are, conducting NMFS manages marine and Port State Measures Agreement (PSMA). their work without MMPA incidental ‘‘anadromous’’ species, and FWS The agreement is aimed at combatting take authorizations. In support of the oil manages land and freshwater species. illegal, unreported and unregulated and gas industry, the Bureau of Ocean Together, NMFS and FWS work to (IUU) fishing activities by increased port Energy Management has requested 5- protect critically imperiled species from inspection for foreign fishing vessels year incidental take regulations, which extinction. Of the approximately 1,300 and closing seafood markets to the would provide a regulatory framework listed species found in part or entirely products of illegal fishing. Benefits of under which individual companies in the United States and its waters, the rule will accrue when IUU vessels could apply for project-specific Letters NMFS has jurisdiction over are denied entry to the U.S., and illegal of Authorization. Providing for industry approximately 60 species. NMFS’ seafood products are precluded from the compliance with the MMPA through the rulemaking actions are focused on U.S. supply chain, thereby maintaining requested regulatory framework, versus determining whether any species under higher prices and market share for companies pursuing individual its responsibility is an endangered or legitimate producers of fishery products. authorizations, would be the most threatened species and whether those 2. Commerce Trusted Trader Program efficient way to achieve such species must be added to the list of (0648–BG51): Under the Magnuson- compliance for both industry and for protected species. NMFS is also Stevens Fishery Conservation and NMFS, and would provide regulatory responsible for designating, reviewing, Management Act, importation of fish certainty for industry operators. and revising critical habitat for any products taken in violation of foreign 4. Endangered and Threatened listed species. In addition, under the law and regulation is prohibited. To Species; Designation of Critical Habitat ESA, Federal agencies consult with enforce this prohibition, NMFS has for Threatened Caribbean and Indo- NMFS on any proposed action implemented the Seafood Import Pacific Reef-building Corals (0648– authorized, funded, or carried out by Monitoring Program (81 FR 88975, BG26): Caribbean and Indo-Pacific reef that agency that may affect listed December 9, 2016) which requires U.S. building corals were listed under the species or designated critical habitat, or importers to report on the origin of fish Endangered Species Act (ESA) in that may affect proposed species or products and to keep supply chain September 2014. Section 4 of the ESA critical habitat. These interagency records. The Commerce Trusted Trader requires that critical habitat be specified consultations are designed to assist Program will establish a voluntary to the maximum extent prudent and Federal agencies in fulfilling their duty program for certified seafood importers determinable at the time a species is to ensure Federal actions do not that provides benefits such as reduced listed (16 U.S.C. 1533(b)(6)(C)). The ESA jeopardize the continued existence of a targeting and inspections, and enhanced also requires that we publish final species or destroy or adversely modify streamlined entry into the United States. critical habitat rules within one year of critical habitat, while still allowing The program will require that a proposed rules. At the time these corals Federal agencies to fulfill their Commerce Trusted Trader establish a were listed, we were unable to respective missions (e.g., permitting secure supply chain and maintain the determine what areas met the statutory infrastructure projects or oil and gas records necessary to verify the legality definition of critical habitat. We exploration, conducting military of all designated product entering into subsequently published a proposed rule readiness activities). U.S. commerce, but it will excuse the to designate critical habitat. This action Commerce Trusted Trader from entering would designate new critical habitat for NOAA’s Regulatory Plan Actions that data into the International Trade twelve corals (Dendrogyra cylindrus, While most of the rulemakings Data System prior to entry, as required Orbicella annularis, Orbicella faveolata, undertaken by NOAA do not rise to the by Seafood Import Monitoring Program. Orbicella franksi, Mycetophyllia ferox, level necessary to be included in This program is deregulatory in nature Acropora globiceps, Acropora Commerce’s regulatory plan, NMFS is because it reduces reporting costs at jacquelineae, Acropora retusa, Acropora undertaking four actions that rise to the entry and reduces recordkeeping costs speciosa, Euphyllia paradivisa, Isopora level of ‘‘most important’’ of due to flexibility in archiving. crateriformis, and Seriatopora aculeata) Commerce’s significant regulatory 3. Taking and Importing Marine and revise the 2008 critical habitat actions and thus are included in this Mammals; Taking Marine Mammals designation for two corals (Acropora year’s regulatory plan. A description of Incidental to Geophysical Surveys in the palmata and Acropora cervicornis). the four regulatory plan actions is Gulf of Mexico (0648–BB38): The provided below. Marine Mammal Protection Act BIS Additionally, NMFS is undertaking a (MMPA) prohibits the ‘‘take’’ (e.g., The Bureau of Industry and Security series of rulemakings that are behavioral harassment, injury, or (BIS) advances U.S. national security,

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foreign policy, and economic objectives In Fiscal Year 2018, BIS plans to abroad by delivering high quality and by maintaining and strengthening publish a proposed rule describing how timely examination of patent and adaptable, efficient, and effective export articles the President has determined no trademark applications, guiding control and treaty compliance systems longer warrant control under USML domestic and international intellectual as well as by administering programs to Category I (Firearms, Close Assault property policy, and delivering prioritize certain contracts to promote Weapons and Combat Shotguns), intellectual property information and the national defense and to protect and Category II (Guns and Armament), and education worldwide. enhance the defense industrial base. Category III (Ammunition/Ordnance) Major Programs and Activities would be controlled on the CCL and by Major Programs and Activities the EAR. This proposed rule will be USPTO is the Federal agency for BIS administers four sets of published in conjunction with a DDTC granting U.S. patents and registering regulations. The Export Administration proposed rule that would amend the list trademarks. In doing this, the USPTO Regulations (EAR) regulate exports and of articles controlled by those USML fulfills the mandate of Article I, Section reexports to protect national security, Categories to describe more precisely 8, Clause 8, of the Constitution that the foreign policy, and short supply items warranting continued control on legislative branch ‘‘promote the Progress interests. The EAR also regulates U.S. that list. of Science and useful Arts, by securing persons’ participation in certain The changes that will be described in for limited Times to Authors and boycotts administered by foreign these proposed rules are based on a Inventors the exclusive Right to their governments. The National Security review of those categories by the respective Writings and Discoveries.’’ Industrial Base Regulations provide for Department of Defense, which worked The USPTO registers trademarks based prioritization of certain contracts and with the Departments of State and on the commerce clause of the allocations of resources to promote the Commerce in preparing the Constitution (Article I, Section 8, Clause national defense, require reporting of amendments. The review was focused 3). Under this system of protection, foreign Government-imposed offsets in on identifying the types of articles that American industry has flourished. New defense sales, provide for surveys to are now controlled on the USML that products have been invented, new uses assess the capabilities of the industrial are either (i) inherently military and for old ones discovered, and base to support the national defense and otherwise warrant control on the USML employment opportunities created for address the effect of imports on the or (ii) if of a type common to non- millions of Americans. The strength and defense industrial base. The Chemical military firearms applications, possess vitality of the U.S. economy depends Weapons Convention Regulations parameters or characteristics that directly on effective mechanisms that implement declaration, reporting, and provide a critical military or intelligence protect new ideas and investments in on-site inspection requirements in the advantage to the United States, and are innovation and creativity. The private sector necessary to meet United almost exclusively available from the continued demand for patents and States treaty obligations under the United States. If an article satisfies one trademarks underscores the ingenuity of Chemical Weapons Convention treaty. or both of those criteria, the article will American inventors and entrepreneurs. The Additional Protocol Regulations remain on the USML. If an article does The USPTO is at the cutting edge of the implement similar requirements with not satisfy either criterion, it will be nation’s technological progress and respect to an agreement between the identified in the new Export Control achievement. United States and the International Classification Numbers (ECCNs) The USPTO advises the President of Atomic Energy Agency. included in the BIS proposed rule. the United States, the Secretary of BIS also has an enforcement Thus, the scope of the items that will be Commerce, and U.S. government component with nine offices covering described in the proposed rule is agencies on intellectual property (IP) the United States. BIS export control essentially commercial items widely policy, protection, and enforcement; officers are also stationed at several U.S. available in retail outlets and less and promotes the stronger and more embassies and consulates abroad. BIS sensitive military items. effective IP protection around the world. works with other U.S. Government Although the firearms and other items The USPTO furthers effective IP agencies to promote coordinated U.S. described in the proposed rule are protection for U.S. innovators and Government efforts in export controls widely used for sporting applications, entrepreneurs worldwide by working and other programs. BIS participates in BIS will not propose to ‘‘de-control’’ with other agencies to secure strong IP U.S. Government efforts to strengthen these items. BIS would require licenses provisions in free trade and other multilateral export control regimes and to export or reexport to any country a international agreements. It also to promote effective export controls firearm or other weapon that would be provides training, education, and through cooperation with other added to the CCL by the proposed rule. capacity building programs designed to Governments Rather than decontrolling firearms and foster respect for IP and encourage the other items, in publishing the proposed development of strong IP enforcement BIS’s Regulatory Plan Action rule, BIS, working with the Departments regimes by U.S. trading partners. BIS maintains the EAR, including the of Defense and State, is trying to reduce USPTO administers regulations located Commerce Control List (CCL). The CCL the procedural burdens and costs of at title 37 of the Code of Federal describes commodities, software, and export compliance on the U.S. firearms Regulations concerning its patent and technology that are subject to licensing industry while allowing the U.S. trademark services, and the other requirements for specific reasons for Government to control firearms functions it performs. control. The Department of State, appropriately and to make better use of USPTO’s Regulatory Plan Action Directorate of Defense Trade Controls its export control resources. (DDTC), maintains the International Final Rule: Setting and Adjusting Traffic in Arms Regulations (ITAR), United States Patent Trademark Office Patent Fees during Fiscal Year 2017 including the United States Munitions The United States Patent and (RIN 0651–AD02): The Leahy-Smith List (USML), which describes defense Trademark Office’s (USPTO) mission is America Invents Act (AIA), enacted in articles subject to State’s licensing to foster innovation, competitiveness 2011, provided USPTO with the jurisdiction. and economic growth, domestically and authority to set and adjust its fees for

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patent and trademark services. In early EDA’s Regulatory Action Plan DOC—NATIONAL OCEANIC AND 2013, USPTO issued a final rule, ATMOSPHERIC ADMINISTRATION ‘‘Setting and Adjusting Patent Fees’’ EDA published a final rule that (NOAA) (RIN 0651–AC54, 78 FR 4212, Jan. 18, focused on improving and modernizing Proposed Rule Stage 2013), in which USPTO for the first time EDA’s oversight of its Revolving Loan set a new fee structure for patent Fund (RLF) Program under the Public 9. Taking and Importing Marine services using the authority provided by Works and Economic Development Act Mammals; Taking Marine Mammals Section 10 of the AIA. Since then, of 1965, as amended (PWEDA). The RLF Incidental to Geophysical Surveys in USPTO has conducted an internal Program provides grants to eligible the Gulf of Mexico biennial fee review, in which it recipients, such as local governments Priority: Other Significant. undertook internal consideration of the and non-profit organizations, to operate E.O. 13771 Designation: Regulatory. current fee structure, and considering lending programs that offer low-interest Legal Authority: 16 U.S.C. 1361 et seq. ways that the structure might be loans and flexible repayment terms, CFR Citation: 50 CFR 217. improved, including rulemaking primarily to small businesses in Legal Deadline: None. pursuant to the USPTO’s fee setting distressed communities that are unable Abstract: The National Marine authority. This fee review process to obtain traditional bank financing. The Fisheries Service is taking this action in involved public outreach, including, as final rule implemented a risk-based response to an October 17, 2016, required by the Act, public hearings oversight approach that has improved application from the U.S. Department of held by the USPTO’s Public Advisory EDA oversight of the RLF Program, the Interior (DOI) and the Bureau of Committees (which were held in late consistent with recommendations from Ocean Energy Management (BOEM) to 2015), as well as public comment and the Department’s Office of Inspector promulgate regulations and issue Letters other outreach to the user community General. In particular, EDA’s shift to a of Authorization to take marine and public in general. In October 2016, modern risk analysis system mammals incidental to oil and gas USPTO published an NPRM proposing concentrates EDA’s limited oversight industry sponsored seismic surveys for the setting and adjusting of patent fees. resources on those RLFs at greatest risk purposes of geophysical exploration on The comment period for that propose and simultaneously reduced compliance the Outer Continental Shelf in the Gulf rule closed on December 2, 2016. Per burdens on successful RLFs. of Mexico from approximately 2018 E.O. 12866, this NPRM was determined through 2023. BOEM states that to be economically significant. USPTO EDA’s transition to risk-based underwater activities associated with has reviewed all public comments monitoring of the RLF Program is sound sources (i.e., airguns, boomers, received and considered made revisions expected to result in more efficient and sparkers, and chirpers) may expose to its proposed fee adjustments based on effective oversight of the RLF Program marine mammals in the area to noise those comments. USPTO is now in the through reduced reporting, compliance, and pressure. process of preparing a final rule that and monitoring costs of approximately Statement of Need: The Marine will set and adjust patent fees. In this $960,000 each year. For this reason, the Mammal Protection Act (MMPA) final rule, the USPTO will set and adjust final rule was a ‘‘deregulatory action’’ prohibits the ‘‘take’’ (e.g., behavioral Patent fee amounts to provide the Office under Executive Order 13771, harassment, injury, or mortality) of with a sufficient amount of aggregate ‘‘Reducing Regulation and Controlling marine mammals with certain revenue to recover its aggregate cost of Regulatory Costs.’’ These regulatory exceptions, including through the operations while helping the Office changes were necessary regardless of issuance of incidental take maintain a sustainable funding model, whether EDA continues to operate or if authorizations. Where there is a reduce the current patent application EDA were to be eliminated by Congress reasonable likelihood of an activity backlog, decrease patent pendency, as requested in the President’s Fiscal resulting in the take of marine improve quality, and upgrade the Year 2018 Budget because the mammals—as is the case for certain Office’s business information Department is under an obligation to methods of geophysical exploration, technology capability and administer and monitor RLF grants in including the use of airgun arrays (i.e., infrastructure. USPTO anticipates perpetuity under current statutory ‘‘seismic surveys’’)—action proponents publishing this rule in the fall of 2017, authorities. The regulatory changes must ensure that take occurs in a lawful with new fees to be effective 60 days made by the Final Rule would enable manner. However, there has not after the rule publishes. EDA or the Department to more previously been any analysis of industry The Economic Development efficiently manage the residual RLF survey activities in the Gulf of Mexico Administration portfolio going forward. conducted pursuant to requirements of MMPA, and industry operators have The Economic Development The final rule also effectuated been, and currently are, conducting Administration (EDA) provides important, but less comprehensive, their work without MMPA incidental assistance to economically distressed updates to other parts of EDA’s take authorizations. In support of the oil communities in order to stimulate regulations implementing PWEDA that and gas industry, the Bureau of Ocean commercial growth, improve enable EDA or the Department to more Energy Management (BOEM) has infrastructure, and generate effectively oversee the non-RLF grant requested five-year incidental take employment opportunities. Over the portfolio, even in the event of EDA’s regulations, which would provide a next year, EDA will continue to elimination by Congress. These non-RLF regulatory framework under which implement grants and assistance PWEDA regulations ensure that grantees individual companies could apply for programs that achieve the agency’s continue to use projects for the purpose project-specific letters of authorization. mission, in line with statutory authority, originally funded and to eventually Providing for industry compliance with and also support the President’s agenda. execute releases of the Federal interest the MMPA through the requested Accordingly, EDA’s regulatory activities in the property at the expiration of the regulatory framework, versus companies target new efforts to streamline and useful life, often 20 years after the date pursuing individual authorizations simplify agency process. of the grant award. would be the most efficient way to

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achieve such compliance for both compliance with the MMPA, and the statutes amended by the Illegal, industry and for NMFS, and would attendant regulatory certainty, may be Unreported and Unregulated Fishing provide regulatory certainty for industry achieved. Cost savings may be generated Enforcement Act of 2015 (Pub. L. 114– operators. in particular by the reduced 81). The Act amends several regional Summary of Legal Basis: Marine administrative effort required to obtain fishery management organization Mammal Protection Act. an LOA under the framework implementing statutes as well as the Alternatives: While the MMPA does established by a rule compared to what High Seas Driftnet Fishing Moratorium not require consideration of alternatives would be required to obtain an Protection Act. It also provides in rulemaking, the regulatory impact incidental harassment authorization authority to implement two new analysis considers a more stringent and (IHA) under section 101(a)(5)(D) of the international agreements the Antigua less stringent regulatory alternative. The MMPA. Absent the rule, survey Convention, which amends the more stringent alternative would require operators in the GOM would likely be Convention for the establishment of an more mitigation of industry required to apply for an IHA. Although Inter-American Tropical Tuna authorization-holders. The less stringent not monetized, NMFS’ analysis Commission, and the United Nations alternative is the basis for the proposed indicates that the upfront work Food and Agriculture Organization rule. As an alternative to regulation, associated with the rule (e.g., analyses, Agreement on Port State Measures to individual companies could request modeling, process for obtaining LOA) Prevent, Deter, and Eliminate Illegal, specific permits known as incidental would likely save significant time and Unreported and Unregulated Fishing harassment authorizations (IHA). money for operators. (Port State Measures Agreement), which However, these permits require Risks: Absent the rule, oil and gas restricts the entry into U.S. ports by approximately six to nine months to industry operators would face a highly foreign fishing vessels that are known to obtain (compared with an anticipated uncertain regulatory environment due to be or are suspected of engaging in less than three months to obtain letters the imminent threat of litigation. BOEM illegal, unreported, and unregulated of authorization under a rule), are currently issues permits under a stay of fishing. This proposed rule will also information-intensive in terms of the ongoing litigation, in the absence of the implement the Port State Measures required application, and require a proposed rule the litigation would Agreement. To that end, this proposed public comment period. They also must continue and NMFS would be added as rule will require the collection of certain be renewed on a yearly basis, whereas a defendant. The IHA application information from foreign fishing vessels a Letter of Authorization lasts for five process that would be available to requesting permission to use U.S. ports. years. companies would be more expensive It also includes procedures to designate Anticipated Cost and Benefits: The and time-consuming. and publicize the ports to which foreign proposed rule would include mitigation, Timetable: fishing vessels may seek entry and monitoring, and reporting requirements, procedures for conducting inspections as required by the MMPA. However, as Action Date FR Cite of these foreign vessels accessing U.S. the proposed rule would alleviate other ports. Further, the rule establishes current regulatory requirements that NPRM ...... 12/00/17 procedures for notification of: The would otherwise be expected to cost denial of port entry or port services for 37.8 to 230 million dollars per year, it Regulatory Flexibility Analysis a foreign vessel, the withdrawal of the is estimated to result in a net annualized Required: No. denial of port services if applicable, the savings of 8 to 123 million dollars (the Small Entities Affected: Businesses. taking of enforcement action with range of values reflects ranges of Government Levels Affected: Federal. respect to a foreign vessel, or the results projected future activity levels). The Energy Effects: Statement of Energy of any inspection of a foreign vessel to proposed rule would result in Effects planned as required by Executive the flag nation of the vessel and other additional indirect (non-monetized) Order 13211. competent authorities as appropriate. costs as a result of the imposition of Agency Contact: Donna Wieting, Statement of Need: The United States time-area restrictions on survey effort. Director, Office of Protected Resources, is a signatory to the Port State Measures However, these costs are expected to be Department of Commerce, National Agreement (PSMA). The agreement is minimal, as two of three proposed Oceanic and Atmospheric aimed at combatting illegal, unreported restrictions are in areas with low to no Administration, National Marine and unregulated (IUU) fishing activities levels of activity and a third, which has Fisheries Service, 1315 East-West by increased port inspection for foreign been in place under current baseline Highway, Silver Spring, MD 20910, fishing vessels and closing seafood conditions, is seasonal and therefore Phone: 301 427–8400. markets to the products of illegal may be planned around. The proposed RIN: 0648–BB38 fishing. rule would also result in certain non- Summary of Legal Basis: Magnuson- monetized benefits. The protection of Stevens Fishery Conservation and marine mammals afforded by this rule DOC—NOAA Management Act. (pursuant to the requirements of the Alternatives: Alternatives to taking MMPA) would benefit the regional 10. Illegal, Unregulated, and action at the port would include taking economic value of marine mammals via Unreported Fishing; Fisheries action at sea against IUU fishing vessels tourism and recreation to some extent, Enforcement; High Seas Driftnet Fishing and in the supply chain against IUU as mitigation measures applied to Moratorium Protection Act fishing products. At-sea monitoring and geophysical survey activities in the Priority: Other Significant. inspection is part of an overall strategy GOM region are expected to benefit the E.O. 13771 Designation: Regulatory. to combat IUU fishing, but it is marine mammal populations that Legal Authority: Pub. L. 114–81 extremely expensive and resources are support this economic activity in the CFR Citation: 50 CFR 300. limited. Likewise, tracing and removing GOM. The proposed rule would also Legal Deadline: None. illegal products already released into afford significant benefit to the Abstract: This proposed rule will the market would be difficult and regulated industry by providing an make conforming amendments to resource intensive. Preventing entry of efficient framework within which regulations implementing the various IUU fishing vessels into ports or

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investigating fishing vessels at the port DOC—NOAA Acropora retusa, Acropora speciosa, is an efficient and effective approach to 11. Endangered and Threatened Euphyllia paradivisa, Isopora combatting illegal activity. Species; Designation of Critical Habitat crateriformis, and Seriatopora aculeata) Anticipated Cost and Benefits: The for Threatened Caribbean and Indo- and revise the 2008 critical habitat anticipated costs will be minimal in that Pacific Reef-Building Corals designation for two corals (Acropora foreign vessels requesting permission to palmata and Acropora cervicornis). visit U.S. ports will have to include Priority: Other Significant. E.O. 13771 Designation: Regulatory. Summary of Legal Basis: Endangered more information about the vessel and Legal Authority: 16 U.S.C. 1531 et seq. Species Act. its cargo when they submit an electronic CFR Citation: 50 CFR 226. Alternatives: During the formulation notice of arrival to the U.S. Coast Guard. Legal Deadline: Final, Statutory, of the final rule, pursuant to section Based on the information submitted, September 10, 2016, Statutory deadline 4(b)(2) of the ESA, we will evaluate the NMFS may deny port privileges for for final critical habitat designation of impacts of designating all and any parts vessels known to have engaged in illegal listed Indo–Pacific corals. of the proposed critical habitat. We are fishing or to meet the vessel to conduct Abstract: On September 10, 2014, the required to analyze the economic, an inspection. The minimal additional National Marine Fisheries Service listed national security, and other relevant data elements required of foreign fishing 20 species of reef-building corals as impacts of designating critical habitat. vessels will be submitted electronically threatened under the Endangered Through this process, we have through the existing U.S. Coast Guard Species Act, 15 in the Indo-Pacific and discretion to exclude areas from the system for notices of Arrival and five in the Caribbean. Of the 15 Indo- final designation as long as such Departure, thus reporting costs are not Pacific species, seven occur in U.S. exclusions do not result in the anticipated to affect shipping patterns, waters of the Pacific Islands Region, extinction these coral species. Based on port usage, or international commerce. including in American Samoa, Guam, our draft impacts analysis supporting In addition, vessel inspections will be the Commonwealth of the Mariana the proposed rule, we excluded one area coordinated and planned based on the Islands, and the Pacific Remote Island in Florida, one area in Guam, and two notice of arrival submitted prior to entry Areas. This proposed rule would areas in the Commonwealth of the into port, thus delays for inspection will designate critical habitat for the seven Northern Mariana Islands for national be minimal and not result in significant species in U.S. waters (Acropora security impacts. We also completed an costs to legitimate vessels. Benefits of globiceps, Acropora jacquelineae, Initial Regulatory Flexibility Analysis the rule will accrue when IUU vessels Acropora retusa, Acropora speciosa, and analyzed a ‘‘no action’’ alternative, are denied entry, and illegal seafood Euphyllia paradivisa, Isopora an alternative in which some of the products are precluded from the U.S. crateriformis, and Seriatopora aculeata). identified critical habitat areas are supply chain, thereby maintaining The proposed designation would cover designated, and an alternative in which higher prices and market share for coral reef habitat around 17 island or all critical habitat areas identified. legitimate producers of fishery products. atoll units in the Pacific Islands Region, Anticipated Cost and Benefits: The Risks: If the port entry reporting and including four in American Samoa, one primary benefit of designation is the inspection provisions of this rule were in Guam, seven in the Commonwealth protection afforded under section 7 of not implemented, there is an increased of the Mariana Islands, and five in the Endangered Species Act, requiring risk of IUU fishing vessels entering U.S. Pacific Remote Island Areas, containing all Federal agencies to insure their ports and/or the products of IUU fishing essential features that support actions are not likely to destroy or infiltrating the U.S. supply chain. In reproduction, growth, and survival of adversely modify designated critical addition, the U.S. would be out of the listed coral species. This rule also habitat. In addition to these protections, compliance with its international proposes to designate critical habitat for the designation may also result in other obligation under the PSMA. the five Caribbean corals and proposed forms of benefits including, but not Timetable: to revise critical habitat for two, limited to: Educational awareness and previously-listed corals, Acropora outreach benefits, benefits to tourism Action Date FR Cite palmata and Acropora cervicornis. and recreation, and improved or Statement of Need: Caribbean and NPRM ...... 12/00/17 sustained habitat quality. Costs Indo-Pacific reef building corals were specifically associated with the listed under the Endangered Species Act designation of critical habitat stem Regulatory Flexibility Analysis (ESA) in September 2014. Section 4 of Required: No. mainly from Federal agencies’ the ESA requires that critical habitat be requirement to consult with NMFS, Small Entities Affected: No. specified to the maximum extent Government Levels Affected: Federal. under section 7 of the ESA, to insure prudent and determinable at the time a that any action they carry out, permit International Impacts: This regulatory species is listed (16 U.S.C. (authorize), or fund will not result in the action will be likely to have 1533(b)(6)(C)). The ESA also requires destruction or adverse modification of international trade and investment that we publish final critical habitat critical habitat of a listed species. effects, or otherwise be of international rules within one year of proposed rules. interest. At the time these corals were listed, we Risks: If critical habitat is not Agency Contact: John Henderschedt, were unable to determine what areas designated, listed corals will not be Director, Office for International Affairs met the statutory definition of critical protected to the extent provided for in and Seafood Inspection, Department of habitat. We subsequently published a the ESA, posing a legal risk to the Commerce, National Oceanic and proposed rule to designate critical agency and a risk to the species’ Atmospheric Administration, 1315 East- habitat. This action would designate continued existence and recovery. West Highway, Room 10362, Silver new critical habitat for twelve corals Timetable: Spring, MD 20910, Phone: 301 427– (Dendrogyra cylindrus, Orbicella 8314, Email: john.henderschedt@ annularis, Orbicella faveolata, Orbicella Action Date FR Cite noaa.gov. franksi, Mycetophyllia ferox, Acropora NPRM ...... 03/00/18 RIN: 0648–BG11 globiceps, Acropora jacquelineae,

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Regulatory Flexibility Analysis reporting requirements and allowing DEPARTMENT OF DEFENSE Required: Yes. more flexible approaches to keep supply Statement of Regulatory Priorities Small Entities Affected: Businesses. chain records. Government Levels Affected: Federal. Summary of Legal Basis: Magnuson- Background Agency Contact: Donna Wieting, Stevens Fishery Conservation and The mission of the Department of Director, Office of Protected Resources, Management Act. Defense (DoD) is to provide the military Department of Commerce, National Alternatives: The Seafood Import forces needed to deter war and to Oceanic and Atmospheric Monitoring Program is aimed at protect the security of our country. Administration, National Marine preventing the infiltration of illegal fish The Department is America’s oldest Fisheries Service, 1315 East-West products into the U.S. market. and largest government agency. Today, Highway, Silver Spring, MD 20910, Alternatives to reduce the reporting and DoD is not only in charge of the Phone: 301 427–8400. recordkeeping burden for U.S. importers military, but it also employs a civilian Related RIN: Merged with 0648–BG20 were considered during the course of force of thousands. With over 1.3 RIN: 0648–BG26 that rulemaking. Collecting less million men and women on active duty information at import about the origin of and 742,000 civilian personnel, the products would increase the likelihood Department is the nation’s largest DOC—NOAA of illegal products entering the supply employer. Another 826 thousand serve chain. However, working with in the National Guard and Reserve 12. Commerce Trusted Trader Program individual traders to secure the supply forces and more than 2 million military Priority: Other Significant. chain will be an economical approach to retirees and their family members E.O. 13771 Designation: Deregulatory. ensure that illegal products are receive benefits. Our military service Legal Authority: 16 U.S.C. 1801 et seq. precluded and records will be kept as members and civilians operate in every CFR Citation: 50 CFR 300. needed for post-entry audits. time zone and in every climate with Legal Deadline: None. Anticipated Cost and Benefits: The more than 450,000 employees overseas, Abstract: This rule will establish a costs of the Commerce Trusted Trader both afloat and ashore. voluntary Commerce Trusted Trader Program will be minimal in that To accomplish this mission, DoD’s Program for importers, aiming to applicants to the program will have a physical plant consists of more than provide benefits such as reduced small application fee and will incur the several hundred thousand individual targeting and inspections and enhanced costs for an independent audit of several buildings and structures located at more streamlined entry into the United States entries on an annual basis. Benefits of than 5,000 different locations or sites. for certified importers. Specifically, this Trusted Trader status will include These sites range from the very small in rule would establish the criteria reduced reporting costs at entry and size such as unoccupied sites required of a Commerce Trusted Trader, reduced recordkeeping costs due to supporting a single navigational aid that and identify specifically how the flexibility in archiving. sits on less than one-half acre, to the program will be monitored and by Risks: Risks of not implementing a Army’s vast White Sands Missile Range whom. It will require that a Commerce Commerce Trusted Trader Program in New Mexico with over 3.6 million Trusted Trader establish a secure supply would include increased compliance acres, or the Navy’s large complex of chain and maintain the records costs to industry and potential increased installations at Norfolk, Virginia with necessary to verify the legality of all incidence of illegal seafood infiltrating more than 78,000 employees. designated product entering into U.S. the U.S. market. DoD trains and equips the armed commerce, but will excuse the Timetable: forces through our three military Commerce Trusted Trader from entering departments: The Army, Navy and Air that data into the International Trade Action Date FR Cite Force. The Marine Corps, mainly an Data System prior to entry, as required amphibious force, is part of the by Seafood Import Monitoring Program NPRM ...... 11/00/17 Department of the Navy. The primary (finalized on December 9, 2016). The job of the military departments is to rule will identify the benefits available Regulatory Flexibility Analysis train and equip their personnel to to a Commerce Trusted Trader, detail Required: Yes. perform warfighting, peacekeeping and the application process, and specify Small Entities Affected: Businesses. humanitarian/disaster assistance tasks. how the Commerce Trusted Trader will Government Levels Affected: None. • The Army defends the land mass of be audited by third-party entities while International Impacts: This regulatory the United States, its territories, the overall program will be monitored action will be likely to have commonwealths, and possessions; it by the National Marine Fisheries international trade and investment operates in more than 50 countries. • Service. effects, or otherwise be of international The Navy maintains, trains, and Statement of Need: Under the interest. equips combat-ready maritime forces Magnuson-Stevens Fishery Agency Contact: John Henderschedt, capable of winning wars, deterring Conservation and Management Act, Director, Office for International Affairs aggression, and maintaining freedom of importation of fish products taken in and Seafood Inspection, Department of the seas. violation of foreign law and regulation • Commerce, National Oceanic and The Air Force provides a rapid, is prohibited. To enforce this Atmospheric Administration, 1315 East- flexible, and when necessary, air and prohibition, NMFS has implemented the West Highway, Room 10362, Silver space capability that routinely Seafood Import Monitoring Program (81 Spring, MD 20910, Phone: 301 427– participates in peacekeeping, FR 88975, December 9, 2016) which 8314, Email: john.henderschedt@ humanitarian, and aeromedical requires U.S. importers to report on the noaa.gov. evacuation missions. origin of fish products and to keep • The U.S. Marine Corps maintains supply chain records. The Commerce Related RIN: Related to 0648–BF09 ready expeditionary forces, sea-based Trusted Trader Program would reduce RIN: 0648–BG51 and integrated air-ground units for the burden on importers by reducing the BILLING CODE 3510–12–P contingency and combat operations, and

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the means to stabilize or contain maintenance, and sustainment support; replacement, or modification, consistent international disturbance. and maintenance of the defense with applicable law. • National Guard and Reserve forces industrial base of the United States. Those reform initiatives and policies are taking on new and more important • OUSD(P&R)—readiness; National include Executive Order 13771, roles, at home and abroad, as we Guard and Reserve component affairs; ‘‘Reducing Regulation and Controlling transform our national military strategy. health affairs; training; and personnel Regulatory Costs’’ (January 30, 2017), An all-service or ‘‘joint’’ service office requirements and management, section 6 of Executive Order 13563, supports the Chairman of the Joint including equal opportunity, morale, ‘‘Improving Regulation and Regulatory Chiefs of Staff in his capacity as the welfare, recreation, and quality of life Review’’ (January 18, 2011), and principal military advisor to the matters. Executive Order 12866. DoD is President, the National Security This Regulatory Plan tracks the most implementing a three phase effort to Council, and the Secretary of Defense. important regulations implementing the review, implement, and sustain its The unified commanders are the direct Department’s policy and program regulations: link from the military forces to the priorities, as well as new efforts by the • Phase I: Utilizing the DoD Task President and the Secretary of Defense. Department to remove unnecessary Force, assess all 716 existing, codified The Secretary of Defense exercises his regulatory burdens on external DoD regulations to include 350 authority over how the military is stakeholders. solicitation provisions and contract trained and equipped through the clauses. The Task Force will present DoD’s Regulatory Philosophy and Service secretaries; but uses a totally recommendations for the repeal, Principles different method to exercise his replacement, or modification to the authority to deploy troops and exercise The Department’s rulemaking Secretary of Defense on a quarterly basis military power. This latter authority is program strives to be responsive, through the end of December 2018. directed, with the advice of the efficient, and transparent. As noted in • Phase II: Upon Secretary of Defense Chairman of the Joint Chiefs of Staff, to Executive Order 13609, ‘‘Promoting approval, DoD will begin implementing the nine unified commands. International Regulatory Cooperation’’ the elimination of regulations. The Department of Defense (May 1, 2012), international regulatory Implementation requires drafting, contributes to homeland security cooperation, consistent with domestic internal coordination, review by the through its military missions overseas, law and prerogatives and U.S. trade Office of Management and Budget, and homeland defense, and support to civil policy, can be an important means of providing for notice and comment, as authorities. The Department is also promoting public health, welfare, safety, required by law. responsible for homeland defense which and our environment as well as • Phase III: DoD will incorporate into is the protection of US sovereignty, economic growth, innovation, its policies a requirement for territory, domestic population, and competitiveness, and job creation. component’s to sustain review of both critical defense infrastructure against DoD, along with the Departments of new regulatory actions and existing external threats and aggression, or other State and Commerce, engages with other regulations. threats as directed by the President. countries in the Wassenaar As a result of the ongoing review, Homeland Defense includes missions Arrangement, Nuclear Suppliers Group, evaluation, and recommendations of its such as domestic air defense, maritime Australia Group, and Missile Task Force, DoD has identified priority intercept operations, and land-based Technology Control Regime through regulatory and deregulatory actions that defense of critical infrastructure and which the international community reduce costs to the public by assets Defense support of civil develops a common list of items that eliminating unnecessary, ineffective, authorities, often referred to as civil should be subject to export controls. and duplicative regulations. support, can include Federal military DoD has been a key participant in the Acquisition, Technology, and forces, the Department’s career civilian Administration’s Export Control Reform Logistics/Defense Procurement and and contractor personnel, and DoD effort that resulted in a complete Acquisition Policy, Personnel and agency and component assets, for overhaul of the U.S. Munitions List and Readiness/Health Affairs, and the Army domestic emergencies and for fundamental changes to the Commerce Corps of Engineers will be planning designated law enforcement and other Control List. New controls have actions that are considered the ‘‘most activities. The Department of Defense facilitated transfers of goods and important’’ significant pre-regulatory or provides defense support of civil technologies to allies and partners while regulatory actions for FY 2018. During authorities when directed to do so by helping prevent transfers to countries of the next year, these DoD Components the President or Secretary of Defense. national security and proliferation plan to publish eight rulemaking actions The Office of the Secretary of Defense concern. DOD will continue to assess that are designated as significant helps the Secretary plan, advise, and new and emerging technologies to actions. Further information on these carry out the nation’s security policies ensure items that provide critical actions is provided below. as directed by both the Secretary of military and intelligence capabilities are DoD has implemented Executive Defense and the President. The properly controlled on international Order 13771 through its Regulatory rulemakings discussed in this regulatory export control regime lists. Reform Task Force established under statement comes out of the Office of the Executive Order 13777, ‘‘Enforcing Executive Order 13777 to identify and Under Secretary of Defense for the Regulatory Reform Agenda’’ prioritize deregulatory actions that each Acquisition, Technology, and Logistics (February 24, 2017), required DoD to component or Service can take to reduce (OUSD(AT&L)) and the Office of the appoint a Regulatory Reform Officer to and remove regulatory burdens on Under Secretary of Defense for oversee the implementation of stakeholders. Personnel and Readiness (OUSD(P&R)). regulatory reform initiatives and In Fiscal Year 2018, DoD expects to These Offices are described below: policies and establish a Regulatory publish more deregulatory actions than • OUSD(AT&L)—procurement of Reform Task Force (Task Force) to regulatory actions. Exact figures are not goods and services; research and review and evaluate existing regulations yet available as the regulations reported development; developmental testing; and make recommendations to the in this edition of the Unified Agenda are contract administration; logistics, agency head regarding their repeal, still under evaluation for classification

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under Executive Order 13771. property items. In order to strengthen firms’’ will enter into agreements with Additionally, the Department the management and accountability of eligible ‘‘prote´ge´ firms.’’ The mentor Regulatory Reform Task Force will Government-furnished property firms provide developmental assistance continue working to execute directives provided to contractors, this rule will to prote´ge´ firms to perform as under Executive Orders 13783 and amend the DFARS to require use of the subcontractors or suppliers on 13807 to streamline regulatory process FAR clause 52.245–1 in all DoD Government contracts. In return, the and permitting reviews. To that end, purchase orders for repair, regardless of mentor firms may receive credit against DoD may have other actions which do the unit acquisition cost of the applicable subcontracting goals under not currently appear in the Agenda. DoD individual items to be repaired. contracts with DoD or other Federal focuses its regulatory resources on the Rulemakings that promote Open agencies. This rule amends Appendix I most serious acquisition, health, and Government and use disclosure as a of the DFARS to implement the personnel and readiness risks as regulatory tool. amendments to the Program provided discussed below. Brand Name or Equal (DFARS Case by section 861. Specifically, the rule 2015–D041). will require mentor firms to report Acquisition, Technology, and Logistics/ This rule proposes to amend the additional information on the assistance Defense Procurement and Acquisition DFARS to implement section 888 of the they have provided to their prote´ge´ Policy (DPAP) NDAA for FY 2017. Section 888 requires firms. DoD’s Office of Small Business DPAP is responsible for all that competition not be limited through Programs will use this information to contracting and procurement policy the use of specifying brand name, brand support decisions regarding whether to matters in the Department and uses the name or equivalent descriptions, or continue particular mentor-prote´ge´ Defense Acquisition Regulation System proprietary specifications and agreements. In addition, this rule adds (DARS) to develop and maintain standards, unless a justification for such new eligibility criteria for both mentor acquisition rules and to facilitate the specifications is provided and approved and prote´ge´ firms and will limit the acquisition workforce as they acquire in accordance with 10 U.S.C. 2304(f). period of time a prote´ge´ firm can the goods and services. Significant rules Currently, if the Government intends to participate in the Program, as well as are highlighted below. procure specific ‘‘brand name’’ the number of mentor-prote´ge´ Rulemakings that are expected to have products, the contracting officer must agreements to which a prote´ge´ can be a high net benefits well in excess of costs. prepare a brand name justification and party. Finally, this rule also extends the Use of the Government Property obtain the appropriate approvals based Program for three years. Clause (DFARS Case 2015–D035). on the estimated dollar value of the Rulemakings that streamline This rule will amend the DFARS to contracts (see FAR 6.302–1(c) and regulations and reduce unjustified expand the use of Federal Acquisition 6.304). However, a justification is not burdens. Regulation (FAR) clause 52.245–1, required to use ‘‘brand name or equal’’ Earned Value Management Government Property, in certain descriptions in a solicitation. Rather, Applicability (DFARS Case 2015–D038). purchase orders for repair. This FAR contracting officers are required to This rule proposes to amend the clause is used in contracts to require include in their solicitation a DFARS to clarify DoD’s policy for contractors comply with basic property description of the salient physical, Earned Value Management System receipt and record keeping functional, or performance (EVMS) application on DoD contracts. requirements. This ensures the characteristics of the brand name item ‘‘Earned value management system’’ Government is able to track, report, and that an ‘‘equal’’ item must meet. The means a project management tool that manage Government-furnished contracting officer will also include effectively integrates the project scope property. ‘‘Government-furnished FAR provision 52.211–6, Brand Name or of work with cost, schedule, and property’’ is property in the possession Equal, in solicitations, which informs performance elements for optimum of, or directly acquired by, the potential offerors that offers of ‘‘equal’’ project planning and control. Government and subsequently products must meet the salient Implemented properly, an EVMS will furnished to the contractor for characteristic specified in this measure progress against a baseline and performance of a contract. It includes, solicitation. To implement section 888, provide an early warning of cost but is not limited to, spares and this rule proposes to amend the DFARS overruns and schedule delays for major property furnished for repair, to require contracting officers to take the acquisitions. Currently, an EVMS is maintenance, overhaul, or modification. additional step of preparing and required for major acquisitions for Currently, the FAR clause is not obtaining an approval of a justification development, in accordance with OMB required for use in purchase orders for for use of ‘‘brand name or equal’’ Circular A–11 (see FAR 34.201(a)). repair, when the unit acquisition cost of descriptions, prior to including those However, individual agencies may the Government-furnished property to descriptions in a solicitation. require an EVMS on other acquisitions, be repaired is less than the simplified Contracting officers will include the as specified in their agency procedures. acquisition threshold (currently justification with the posting of the DoD applies the EVMS requirement to $150,000). However, the unit cost of the solicitation, which will promote cost or incentive contracts and item to be repaired alone is not an transparency with industry and presents subcontracts valued at $20 million or indicator of the criticality or sensitivity an opportunity to increase competition. more, and requires the EVMS comply of the item. For example, firearms, body Amendment to Mentor-Prote´ge´ with the guidelines in the American armor, night vision equipment, Program (DFARS Case 2016–D011). National Standards Institute/Electronic computers, or cryptological devices may This rule amends Appendix I of the Industries Alliance Standard 748, individually be valued at less than DFARS I to implement changes to the Earned Value Management Systems $150,000, but accountability of these Pilot Mentor-Prote´ge´ Program provided (ANSI/EIA–748). In addition, for DoD items is of vital importance to the by section 861 of the NDAA for FY cost or incentive contracts and Department. Not using the FAR clause 2016. This Program was originally subcontracts valued at $50 million or in purchase orders for repair, established under section 831 of the more, the EVMS must be determined by significantly increases the risk of misuse NDAA for FY 1991. Under this program, the cognizant Federal agency to be or loss of Government-furnished eligible companies approved as ‘‘mentor compliant with ANSI/EIA–748. This

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DFARS rule proposes the clarify that November 4, 2016, that revised DFARS Establishment of TRICARE Select and EVMS requirements are applicable to 231.205–18(c)(iii)(C)(4) to require major Other TRICARE Reforms, RIN 0720– DoD cost reimbursement or incentive contractors to engage in and document AB70. This final rule implements the fee contracts that have a dollar value of a technical interchange with a DoD primary features of section 701 and $20 million or more (inclusive of all employee, prior to generating IR&D partially implements several other options) and a period of performance of costs for IR&D projects initiated in fiscal sections of the National Defense 18 months or longer. In addition, the year 2017 and later, in order for those Authorization Act for Fiscal Year 2017 rule raises the threshold for a formal costs to be allowable. This requirement (NDAA–17). This final rule advances all EVMS system compliance causes the contractor to expend time four components of the Military Health determination by the Defense Contract preparing for a discussion, contacting System’s quadruple aim of improved Management Agency from $50 million appropriate Government personnel, readiness, better care, better health, and to $100 million. It is expected that this discussing the IR&D project, and lower cost. The aim of improved rule will reduce the number of contracts documenting the conversation. Since readiness is served by reinforcing the subject to EVMS requirements, as well contractors commonly pool all of their vital role of the TRICARE Prime health as the number of contractor EVMS IR&D project costs to develop a single plan to refer patients, particularly those reviews to determine compliance. billing rate, this requirement would needing specialty care, to military Contractor Purchasing System Review necessitate contractors having to discuss medical treatment facilities (MTFs) in Threshold (DFARS Case 2017–D038). all of the IR&D projects contained in order to ensure that military health care This rule proposes to amend the their billing rate. While some providers maintain clinical currency DFARS to raise the threshold for contractors may have a single project, and proficiency in their professional determining when a contractor many have close to 100 or more, which fields. The objective of better care is purchasing system review (CPSR) is could be significantly burdensome. This enhanced by a number of improvements required. Per FAR subpart 44.3, the regulation is being repealed pursuant to in beneficiary access to health care Government will conduct a CPRS in action taken by the DoD Regulatory services, including increased order to evaluate the efficiency and Reform Task Force in accordance with geographical coverage for the TRICARE effectiveness with which a prime E.O. 13777. Repealing the technical Select provider network, reduced contractor spends Government funds interchange prerequisite from the administrative hurdles for TRICARE and complies with Government policy DFARS, will not only reduce the burden Prime enrollees to obtain urgent care when subcontracting. During a CPSR, imposed on major contractors, but also services and specialty care referrals, and the Government will pay special free these contractors to pursue IR&D promotion of high value services and attention to certain aspects of a prime projects without including the medications. The goal of better health is contractor’s subcontracting program. For Government in those preliminary advanced by expanding TRICARE example, the Government will review decisions. coverage of preventive care services, the degree of price competition obtained Personnel and Readiness/Health treatment of obesity, high-value care, by a prime contractor on subcontracts, Affairs and telehealth. And the aim of lower whether the prime contractor is The mission of DoD’s health program cost is furthered by refining cost-benefit complying with Government Cost is to enhance the Department of Defense assessments for TRICARE plan Accounting Standards, and whether the and our nation’s security by providing specifications that remain under DoD’s appropriate contract types are being health support for the full range of discretion and adding flexibilities to used on subcontracts (see FAR 44.303). military operations and sustaining the incentivize high-value health care Currently, if a contractor’s sales to the health of all those entrusted to our care services. Government are expected to exceed $25 by creating a world-class health care million during the next 12 months, then system that supports the military Army Corps of Engineers the administrative contracting officer mission by fostering, protecting, (ACO) will determine whether there is sustaining and restoring health. The United States Army Corps of a need for a CPSR (see FAR 44.302(a)). TRICARE is the health care program Engineers (USACE), is a major Army This rule proposes to amend the DFARS for uniformed service members command made up of some 37,000 to raise the ACO determination dollar including active duty and retired civilian and military personnel, making threshold to $50 million for DoD members of the: U.S. Army, U.S. Air it one of the world’s largest public contracts. It is expected that this rule Force, U.S. Navy, U.S. Marine Corps, engineering, design, and construction may reduce the number of CPSRs U.S. Coast Guard, the Commissioned management agencies. Although conducted by DoD and, in turn, alleviate Corps of the U.S. Public Health Service generally associated with dams, canals the burden on contractors associated and the Commissioned Corps of the and flood protection in the United with participating in the CPSR. National Oceanic and Atmospheric States, USACE is involved in a wide Rules modifying, streamlining, Association and their families around range of public works throughout the expanding, or repealing making DOD’s the world. It serves 9.5 million world. The Corps of Engineers provides regulatory program more effective or individuals worldwide. It continues to outdoor recreation opportunities to the less burdensome in achieving the offer an increasingly integrated and public, and provides 24% of U.S. regulatory objectives. comprehensive health care plan, hydropower capacity. Repeal of Independent Research and refining and enhancing both benefits The corps’ mission is to ‘‘Deliver vital Development Technical Interchange and programs in a manner consistent public and military engineering (DFARS Case 2017–D041). with the law, industry standard of care, services; partnering in peace and war to This final rule will amend the DFARS and best practices, to meet the changing strengthen our Nation’s security, to remove a requirement for major needs of its beneficiaries. The program’s energize the economy and reduce risks contractors to have a technical goal is to increase access to health care from disasters.’’ The most visible interchange with the Government prior services, improve health care quality, missions include: to generating independent research and and control health care costs. • Planning, designing, building, and development (IR&D) costs. DoD For this component, DoD is operating locks and dams. Other civil published a final rule, effective highlighting the following rule. engineering projects include flood

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control, beach nourishment, and with the SWANCC and Rapanos determinations and waivers. DoD dredging for waterway navigation. Guidance, while the 6th Circuit Court estimates that this rule will reduce the • Design and construction of flood stay of the 2015 CWR is still in effect or number of contractor reviews by nearly protection systems through various the EPA and Army complete rulemaking 20 percent with very little risk to the federal mandates. to amend the effective date of the 2015 Government, since over 97 percent of • Design and construction CWR. the contract dollars will still be covered management of military facilities for the by the increased threshold. Army, Air Force, Army Reserve and Air Statement of Need: This rule is Force Reserve and other Defense and necessary to ensure proper application DOD—DEFENSE ACQUISITION Federal agencies. of EVMS requirements in DoD contracts, • REGULATIONS COUNCIL (DARC) Environmental regulation and task orders, and delivery orders based ecosystem restoration. Proposed Rule Stage on contract type and period of In 2015, the Environmental Protection performance, and increase the 13. Earned Value Management Agency and the Department of the Army contractual threshold for an approved Applicability (DFARS Case 2015–D038) (‘‘the agencies’’) published the ‘‘Clean earned value management system from Water Rule: Definition of ‘Waters of the Priority: Other Significant. $50 million to $100 million. United States’ ’’ (80 FR 37054, June 29, E.O. 13771 Designation: Deregulatory. Summary of Legal Basis: This rule is 2015). On October 9, 2015, the U.S. Legal Authority: 41 U.S.C. 1303 proposed under the authority at 41 Court of Appeals for the Sixth Circuit CFR Citation: 48 CFR 234; 48 CFR U.S.C. 1303, functions and authority, stayed the 2015 rule nationwide 252. which provides the authority to issue pending further action of the court. On Legal Deadline: None. and maintain the Federal Acquisition February 28, 2017, the President signed Abstract: DoD is proposing to amend Regulation and executive agency the ‘‘Executive Order on Restoring the the Defense Federal Acquisition implementing regulations. Rule of Law, Federalism, and Economic Regulation Supplement (DFARS) to Alternatives: No alternatives were Growth by Reviewing the ‘Waters of the clarify DoD’s policy for Earned Value considered. United States’ Rule’’ which instructed Management System (EVMS) Anticipated Cost and Benefits: Based the agencies to review the 2015 rule and application on DoD contracts, beyond on the DoD Performance Assessments rescind or replace it as appropriate and the basic triggers of contract types and and Root Cause Analyses (PARCA) consistent with law. On July 27, 2017, dollar values. Specifically, the rule: • Earned Value Management Division’s the agencies published a Federal Clarifies that EVMS requirements assessment of DoD application of earned Register notice proposing to withdraw are applicable to all DoD contracts, task value management, the reduction in (STEP 1 of a comprehensive 2-STEP orders, and delivery orders, that are cost DoD EVMS compliance surveillance process) the 2015 Clean Water Rule reimbursement or incentive fee; have a will allow for the valuable repurposing (CWR) and reinstate pre-existing value of $20 million or more (inclusive of an estimated 50 personnel to support regulations and guidance (1986 of all options); and have a period of other essential priorities and missions, regulations plus 2003 SWANCC and performance of 18 months or longer; resulting in direct savings to the 2008 Rapanos Guidance); the initial 30- • Clarifies that, with the exception of Department in excess of $3 million. day comment period was extended an a contractor EVMS under the Furthermore, corresponding savings in additional 30 days to September 28, cognizance of the Naval Sea Systems reduced DoD contractor overhead costs 2017. Command, where system approval is are conservatively estimated at two to The Executive Order further directs not delegated to the Defense Contract three times the DoD savings (One that EPA and the Army ‘‘shall consider Management Agency (DCMA), DCMA is contractor alone in PARCA’s study interpreting the term ‘navigable waters’ responsible for approving a contractor’s estimated approximately $6 million ‘‘in a manner consistent with Supreme EVMS; company-wide savings annually). Since Court Justice Scalia’s opinion’’ in • Removes the reference to American the actual cost impact is difficult to Rapanos indicating that Clean Water Act National Standards Institute (ANSI) quantify, DoD is conservatively jurisdiction includes relatively guidelines and states that EVMS must estimating annualized savings of $10 permanent waters and wetlands with a comply with guidelines in Electronic million. continuous surface connection to Industries Alliance (EIA) Standard 748 Risks: Failure to implement this rule relatively permanent waters. Later this (EIA–748); fiscal year, after considering the • Raises the threshold for a formal will perpetuate the unproductive comments received in response to the earned value management system regulatory earned value management STEP 1 FRN, the agencies plan to compliance determination by the compliance requirements on industry propose a new definition to replace the Defense Contract Management Agency for certain types of contracts where such definition and regulatory approach from $50 million to $100 million; and oversight is unnecessary. codified in the 2015 CWR. Over the past • Clarifies that EVMS requirements Timetable: few months the agencies have been apply unless the requirements package Action Date FR Cite having meetings and holding webinars includes a determination of earned with Tribes, States, and organizations value management nonapplicability or a NPRM ...... 01/00/18 that request them to explain the 2-STEP waiver signed by the component NPRM Comment 03/00/18 process, what the Scalia Opinion means, acquisition executive. Period End. and some of the options for developing This rule will not increase costs for a new definition of Waters of the United contractors. DoD expects that this rule Regulatory Flexibility Analysis States. These briefing and listening will decreases costs for contractors by Required: No. sessions will continue through increasing the dollar threshold for Government Levels Affected: Federal. November 2017. Until the new rule is formal EVMS compliance Agency Contact: Jennifer Hawes, finalized, the agencies will continue to determinations from $50 million to $100 Defense Acquisition Regulations implement the regulatory definition in million, and providing for earned value System, Department of Defense, 3060 place prior to the 2015 CWR consistent management non-applicability Defense Pentagon, Room 3B941,

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Washington, DC 20301–3060, Phone: Risks: If this rule is not finalized, the implementing regulations. In addition, 571 372–6115, Email: public will continue to experience this rule is necessary to implement the [email protected]. additional costs to comply with this rule statutory amendments made by section RIN: 0750–AJ10 at the current threshold. 888 of the NDAA for FY 2017. Timetable: Alternatives: There are no viable alternatives that are consistent with the Action Date FR Cite stated objectives of the statute. DOD—DARC Anticipated Cost and Benefits: The 14. • Contractor Purchasing System NPRM ...... 12/00/17 Department does not expect this Review Threshold (DFARS CASE 2017– NPRM Comment 02/00/18 proposed rule to have any cost impact Period End. D038) on contractors or offerors. Rather, preparing a justification for the use of Priority: Other Significant. Regulatory Flexibility Analysis brand name descriptions or E.O. 13771 Designation: Deregulatory. Required: No. Legal Authority: 41 U.S.C. 1303 Government Levels Affected: Federal. specifications provides increased CFR Citation: 48 CFR 244. Agency Contact: Jennifer Hawes, transparency into the acquisition Legal Deadline: None. Defense Acquisition Regulations planning and source selection strategy Abstract: DoD is proposing to amend System, Department of Defense, 3060 process for department goods and the Defense Federal Acquisition Defense Pentagon, Room 3B941, services. Risks: If this rule is not finalized, the Regulation Supplement to establish a Washington, DC 20301–3060, Phone: department will not be in compliance higher dollar threshold for conducting 571 372–6115, Email: with section 888 of the NDAA for FY contractor purchasing system reviews. [email protected]. 2017, therefore losing an opportunity to This rule proposes, in lieu of the RIN: 0750–AJ48 increase competition, expand the threshold at Federal Acquisition defense industrial base and secure Regulation 44.302(a), the administrative reduced pricing. contracting officer shall determine the DOD—DARC Timetable: need for a contractors purchasing 15. • Brand Name or Equal (DFARS system review if a contractor’s sales to Action Date FR Cite the Government are expected to exceed Case 2017–D040) $50 million during the next 12 months. Priority: Other Significant. NPRM ...... 03/00/18 This rule is not expected to increase E.O. 13771 Designation: Other. NPRM Comment 05/00/18 costs for contractors; rather, the rule Legal Authority: 41 U.S.C. 1303; Pub. Period End. may reduce the number of contractor L. 113–291, sec. 888; 10 U.S.C. 2304(f) purchasing system reviews conducted CFR Citation: 48 CFR 206; 48 CFR Regulatory Flexibility Analysis by the Government, thus alleviating 211. Required: No. burden on contractors. Legal Deadline: Final, Statutory, Government Levels Affected: Federal. Agency Contact: Jennifer Hawes, Statement of Need: There is a need to December 23, 2016, Effective upon Defense Acquisition Regulations increase the threshold for a contractor enactment. purchasing system review from $25 to Abstract: DoD is proposing to amend System, Department of Defense, 3060 $50 million to reduce the administrative the Defense Federal Acquisition Defense Pentagon, Room 3B941, burden on contractors and the Regulation Supplement to implement Washington, DC 20301–3060, Phone: Government for maintaining and section 888 of the National Defense 571 372–6115, Email: reviewing an approved contractor Authorization Act for FY 2017, which [email protected]. RIN: 0750–AJ50 purchasing system. requires that competition not be limited Summary of Legal Basis: This rule is through the use of specifying brand proposed under the authority at 41 names or brand name or equivalent U.S.C. 1303, Functions and authority, descriptions, or proprietary DOD—DARC which provides the authority to issue specifications and standards, unless a Final Rule Stage and maintain the Federal Acquisition justification for such specifications is Regulation and executive agency provided and approved in accordance 16. Amendment to Mentor-Prote´ge´ implementing regulations. with 10 U.S.C. 2304(f). This rule affects Program (DFARS Case 2016–D011) Alternatives: No alternatives to this the internal operating procedures of the Priority: Other Significant. action are being considered at this time. Government, and is not expected to E.O. 13771 Designation: Fully or Anticipated Cost and Benefits: increase costs for contractors or offerors. Partially Exempt. Implementing this rule provides a net Statement of Need: This case is Legal Authority: 41 U.S.C. 1303; Pub. annualized savings of approximately necessary to ensure contracting officers L. 114–92, sec. 861 $12 million. This estimate is based on comply with section 888 of the NDAA CFR Citation: 48 CFR 219; 48 CFR, ch. data available in the Federal for FY 2015 (Pub. L. 113–291). 2, app I. Procurement Data System (FPDS) data Specifically, it will ensure contracting Legal Deadline: None. for fiscal year 2016, which indicates that officers properly justify for the use of Abstract: DoD is issuing a final rule 958 unique vendors received awards brand name and brand name or amending the Defense Federal valued at $25 million or more, but less equivalent descriptions, or proprietary Acquisition Regulation Supplement to than $50 million, that were subject to specifications or standards. implement section 861 of the National the purchasing system review. Summary of Legal Basis: This rule is Defense Authorization Act for FY 2016, Removing this requirement would proposed under the authority at 41 which provides the following relieve these contractors from the time U.S.C. 1303, Functions and authority, amendments to the DoD Pilot Mentor- and cost burden required to establish, which provides the authority to issue Prote´ge´ Program (‘‘the Program’’): maintain, audit, document, and train for and maintain the Federal Acquisition • Requires mentor firms to report an approved purchasing system. Regulation and executive agency assistance provided to or obtained for

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prote´ge´ firms; new subcontracts Business Programs to support decisions about contracting with DoD from a awarded to prote´ge´ firms; any regarding continuation of particular mentor who is a successful DoD extensions, increases in the scope of mentor-prote´ge´ agreements; a three-year contractor. In addition, the Government work, or additional, unreported extension of the Program; and changes will lose access to a pool of potential payments to prote´ge´ firms; all Federal to the requirements for business new contractors and subcontractors, contracts awarded to the mentor and development assistance provided by a therefore losing an opportunity to prote´ge´ firms as a joint venture; whether mentor firm and for the reimbursement strengthen and diversify the defense the terms of the mentor-prote´ge´ of fees assessed by the mentor firm. This industrial base. agreement have changed; and a rule is needed to implement these Timetable: narrative describing the success statutory requirements. assistance provided under the Program Summary of Legal Basis: This rule is Action Date FR Cite has had in addressing the prote´ge´ firm’s proposed under the authority at 41 developmental needs, the impact on U.S.C. 1303, Functions and authority, NPRM ...... 09/23/16 81 FR 65610 DoD contracts, and addressing any which provides the authority to issue NPRM Comment 11/22/16 Period End. problems encountered. and maintain the Federal Acquisition • ´ ´ Final Action ...... 03/00/18 Requires mentor firms and protege Regulation and executive agency Final Action Effec- 03/00/18 firms to meet new eligibility criteria. implementing regulations. In addition, tive. • Limits the number of mentor- this rule is necessary to implement the prote´ge´ agreements to which a prote´ge´ statutory amendments made to the Regulatory Flexibility Analysis firm may be a party to one at a time. mentor protege program by section 861 • Required: No. Limits the period of time during of the NDAA for FY 2016. Government Levels Affected: Federal. ´ ´ which a protege firm may participate in Alternatives: There are no viable Agency Contact: Jennifer Hawes, ´ ´ mentor-protege agreements under the alternatives that are consistent with the Defense Acquisition Regulations Program to five years. stated objectives of the statute. System, Department of Defense, 3060 • Requires mentor-prote´ge´ Anticipated Cost and Benefits: The Defense Pentagon, Room 3B941, agreements to address the benefits of the annualized cost to the public is Washington, DC 20301–3060, Phone: agreement to DoD and goals for anticipated to be approximately $20,000 571 372–6115, Email: additional awards for which the prote´ge´ over the next four years, after which the [email protected]. firm can compete outside the Program. Program is scheduled to end. Nearly all RIN: 0750–AJ05 • Removes business development of these costs are borne by mentor firms. assistance using mentor firm personnel The anticipated cost is based on the and cash in exchange for an ownership number of firms currently participating interest in the prote´ge´ firm from the in the Program, the number of new DOD—DARC types of assistance that a mentor firm mentor applications DoD receives each 17. Use of the Government Property ´ ´ may provide to a protege firm. year, and the number of new mentor- Clause (DFARS Case 2015–D035) • Prohibits reimbursement of any fee prote´ge´ agreements submitted for DoD assessed by the mentor firm for certain approval each year under the Program. Priority: Other Significant. services provided to the prote´ge´ firm The Government estimated the cost of E.O. 13771 Designation: Regulatory. while participating in a joint venture various activities mentor and prote´ge´ Legal Authority: 41 U.S.C. 1303 with the prote´ge´ firm. firms must perform to comply with the CFR Citation: 48 CFR 245. One respondent submitted a public rule, including submission of reports. Legal Deadline: None. comment on the proposed rule. This The anticipated costs are offset by Abstract: DoD is issuing a final rule rule will slightly increase the costs for benefits offered by the Program. For amending the Defense Federal contractors participating in the program mentor firms, these benefits include Acquisition Regulation Supplement to by introducing new reporting credit toward the goals in their small expand the prescription for use of requirements, as required by the statute; business subcontracting plans for the Federal Acquisition Regulation (FAR) however, these costs are offset by developmental assistance they provide clause 52.245–1, Government Property, benefits offered by the Program. For to their prote´ge´ firms. Participation in to apply to all purchase orders for example, the Program provides the Program as a mentor is one way for repair, maintenance, overhaul, or incentives to both mentor and prote´ge´ mentors to demonstrate a good-faith modification to Government property firms. Mentor firms may receive credit effort to comply with their regardless of the acquisition cost of the toward the goals in their small business subcontracting plans. For prote´ge´ firms, items to be repaired. Currently, the FAR subcontracting plan for the funds they the benefits of the Program include an clause is optional for use in purchase spend on developmental assistance for opportunity to gain assistance from a orders for repair when the acquisition their prote´ge´ firms. The Program offers successful mentor that will enable them cost of the item to be repaired is less prote´ge´ firms the opportunity to learn to grow and develop as a business. Such than the simplified acquisition about contracting with DoD and to assistance will help them obtain threshold; however, acquisition cost receive subcontracts from an subcontracts with DoD contractors and alone is not an indicator of the established, successful DoD contractor. eventually contracts with DoD. criticality or sensitivity of the property. Statement of Need: This final rule Risks: If this rule is not finalized, all The acquisition cost of individual items amends the DFARS to implement developmental assistance provided of firearms, body armor, night-vision section 861 of the National Defense under the Program will end on equipment, computers, or cryptologic Authorization Act (NDAA) for Fiscal September 30, 2018. As of that date, devices may be below the simplified Year 2016, which provides amendments mentor firms will no longer be able to acquisition threshold, but the to the DoD Pilot Mentor-Prote´ge´ receive credit toward the goals in their accountability requirements for these Program (the Program). These small business subcontracting plans for items are fairly stringent. Requiring the amendments include new reporting developmental assistance provided to clause in all purchase orders for repair, requirements that will provide prote´ge´ firms. Prote´ge´ firms will no regardless of the acquisition cost of the information to DoD’s Office of Small longer have the opportunity to learn item to be repaired, will ensure DoD has

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better accountability and insight into and property records, are typical Defense Pentagon, Room 3B941, military reparable assets. commercial practices, and so not Washington, DC 20301–3060, Phone: One respondent submitted comments unduly burdensome. For example, 571 372–6115, Email: on the proposed rule. This rule will customary commercial practice is to [email protected]. increase costs for contractors, including create receiving reports and keep RIN: 0750–AJ11 small entities, who receive purchase records for incoming assets regardless of orders for repair of Government the source of such assets. In addition, property, because these contractors will the policy at FAR 45.103(b) permits DOD—DARC be required to comply with the contractors to use their own existing reporting requirements associated with property management procedures, 18. • Repeal of Independent Research Government property clause. However, practices, and systems to account for and Development Technical the rule also provides the contractors and manage Government property. Interchange (DFARS Case 2017–D041) with the protections of the Government Anticipated Cost and Benefits: The Priority: Other Significant. Property clause (where the Government annual estimated cost to the public is E.O. 13771 Designation: Deregulatory. self-insures the property provided to the based on Federal Procurement Data Legal Authority: 41 U.S.C. 1303 contractor), and provides DoD better System transaction data for fiscal year CFR Citation: 48 CFR 231. accountability of its property. 2015 for purchase orders for repairs of Legal Deadline: None. Statement of Need: The rule is Government equipment. Using this Abstract: DoD is issuing a final rule to required to achieve greater baseline, costs were calculated for amend the Defense Federal Acquisition accountability of Government furnished contractor reporting, record keeping, Regulation Supplement (DFARS) to property (GFP) and decrease the risk of and compliance costs. Some contractors remove the requirement at DFARS misuse or loss of Government property. may be required to setup a property 231.205–18(c)(iii)(C)(4) for contractors Accountability of assets is an important management system; however, this to conduct a technical interchange with part of audit readiness. This rule impact is minimal since contractors may a DoD Government employee before facilitates DoD’s goal of achieving full use their own existing practices and accountability and visibility of systems. The annualized cost is independent research and development equipment provided to contractors as estimated to be approximately $350,000. (IR&D) costs are generated for IR&D GFP, including critical and sensitive Benefits of this rule accrue to both projects initiated in FY 2017 or later, as equipment items. This rule closes an contractors and the Government a prerequisite for those costs to be existing accountability gap by treating resulting from improved accountability determined allowable. This rule is purchase orders for repair, maintenance, of GFP, which should reduce losses and expected to decrease costs for overhaul, or modification of GFP no mitigate potential property ownership contractors and offerors. different from other contractual issues. This will serve to minimize Statement of Need: This action is instruments involving repair of GFP, contract disputes, claims, and litigation; necessary relieve excess burden such as delivery orders awarded under thereby reducing administrative costs experienced by industry when deciding Basic Ordering Agreements or issued for both contractors and the to invest in innovative technologies that under Indefinite Delivery Contracts. Government. Accountability of GFP may benefit the Department. The rule also enables compliance facilitates proper disposition and Summary of Legal Basis: This rule is with DoD Instruction 4161.02 entitled adjudication of all property during proposed under the authority at 41 Accountability and Management of contract closeout and should result in U.S.C. 1303, Functions and authority, Government Contract Property, which prompt contract payment. which provides the authority to issue requires DoD components to use Risks: This rule addresses an and maintain the Federal Acquisition electronic transactions when accountability gap in managing and Regulation and executive agency transferring GFP to a contractor and accounting for Government assets and implementing regulations. upon the return of the property to DoD. should mitigate the risk of loss of Alternatives: No alternatives to this Use of FAR clause 52.245–1, Government property. Some equipment action are being considered at this time. Government Property, in conjunction requiring repairs that would now be Anticipated Cost and Benefits: with associated DFARS clauses, creates covered by this rule are deemed critical Implementing this rule provides a net an electronic end-to-end process for and sensitive, e.g., firearms, body armor, annualized savings of approximately $2 GFP management. night-vision equipment, computers, and million. This estimate is based on data Summary of Legal Basis: This rule is cryptologic devices. Loss or theft of available in the Federal Procurement proposed under the authority at 41 such devices could have far reaching Data System (FPDS) data for FY 2016, U.S.C. 1303, Functions and authority, consequences. which indicates that 307 unique which provides the authority to issue Timetable: vendors were awarded a non- and maintain the Federal Acquisition commercial, cost-type contract subject Regulation and executive agency Action Date FR Cite to cost accounting standards and implementing regulations. certified cost and pricing data. IR&D Alternatives: There are no viable NPRM ...... 10/21/16 81 FR 73002 costs are most commonly included in alternatives that would provide tracking NPRM Comment 12/20/16 non-commercial, cost-type contracts and accountability of GFP provided to Period End. that are subject to certified cost and Final Action ...... 02/00/18 contractors for repair that would Final Action Effec- 02/00/18 pricing data and cost accounting provide full visibility of Government tive. standards. Public comments on the case assets and integrate with existing GFP implementing this requirement in the procedures and electronic systems. The Regulatory Flexibility Analysis Defense Federal Acquisition Regulation rule reflects marketplace practices, Required: No. Supplement indicate that a contractor which limits the consideration of Government Levels Affected: Federal. may invest in numerous IR&D projects alternatives. Many of the requirements Agency Contact: Jennifer Hawes, that would be incorporated into their contained in FAR 52.245–1, e.g., Defense Acquisition Regulations proposed IR&D rate. Removing this receiving reports, discrepancy reports System, Department of Defense, 3060 requirement would relieve contractors

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from the time burden of preparing for a December 31, 2017, and replaced by services, including geographical discussion, locating the appropriate TRICARE Select. The statute also adopts coverage for the TRICARE Select Government contact, discussing with a new health plan enrollment system provider network, reduced the Government, and documenting a under TRICARE and new provisions for administrative hurdles for TRICARE technical interchange for an IR&D access to care, high value services, Prime enrollees to obtain urgent care project. preventive care, and healthy lifestyles. services and specialty care referrals, and Risks: If this rule is not finalized, the In implementing the statutory changes, promotion of high-value services and public will experience additional costs this interim final rule makes a number medications and telehealth services. to comply with this rule, as well as the of improvements to TRICARE. The goal of healthier people is advanced possibility of not being reimbursed for Specifically, this rule will enhance by expanding TRICARE coverage of IR&D costs under a Government beneficiary access to health care preventive care services and prevention contract. services, including increased geographic and treatment of obesity. And the aim Timetable: coverage for the TRICARE Select of smarter spending is furthered by provider network, reduced sharpening cost-benefit assessments for Action Date FR Cite administrative hurdles for TRICARE TRICARE plan specifications that Prime enrollees to obtain urgent care remain under the DoD’s discretion. Final Action ...... 01/00/18 services and specialty care referrals, and Summary of Legal Basis: This interim Final Action Effec- 01/00/18 promotion of high value services and tive. final rule is required to implement or medications and telehealth services. It partially implement several sections of will also expand TRICARE coverage of Regulatory Flexibility Analysis NDAA–17, including 701, 706, 715, 718, preventive care services and prevention and 729. The legal authority for this rule Required: No. and treatment of obesity and refining Government Levels Affected: Federal./ also includes chapter 55 of title 10, cost-benefit assessments for TRICARE United States Code. Agency Contact: Jennifer Hawes, plan specifications that remain under Defense Acquisition Regulations Alternatives: None. DoD’s discretion. Anticipated Cost and Benefits: This System, Department of Defense, 3060 Statement of Need: This interim final Defense Pentagon, Room 3B941, rule is not anticipated to have an annual rule implements the primary features of effect on the economy of $100M or Washington, DC 20301–3060, Phone: section 701 and partially implements 571 372–6115, Email: more, thus it is not an economically several other sections of the National significant rule under the Executive [email protected]. Defense Authorization Act for Fiscal RIN: 0750–AJ51 Order and the Congressional Review Year 2017 (NDAA–17). The law makes Act. The rule includes estimated significant changes to the TRICARE program costs associated with program, especially to the health implementation that include DOD—OFFICE OF ASSISTANT maintenance organization (HMO)-like administrative startup costs ($11M) SECRETARY FOR HEALTH AFFAIRS health plan, known as TRICARE Prime; information systems changes ($10M). (DODOASHA) to the preferred provider organization Executive Order 13771, Reducing health plan, previously called TRICARE Final Rule Stage Regulation and Controlling Regulatory Extra and now to be called TRICARE Costs, seeks to control costs associated 19. Establishment of Tricare Select and Select; and to the third health care with the government imposition of Other Tricare Reforms option, known as TRICARE Standard, private expenditures required to comply which will be terminated as of with Federal regulations and to reduce Priority: Other Significant. December 31, 2017, and replaced by regulations that impose such costs. E.O. 13771 Designation: Not subject TRICARE Select. The statute also adopts Consistent with the analysis of transfer to, not significant. a new health plan enrollment system payments under OMB Circular A–4, this Legal Authority: 10 U.S.C. ch. 55; under TRICARE and new provisions for interim final rule does not involve NDAA–17 sec. 701; NDAA–17 sec. 706; access to care, high-value services, regulatory costs subject to E.O. 13771. NDAA–17 sec. 715; NDAA–17 sec. 718; preventive care, and healthy lifestyles. Risks: The rule does not impose any NDAA–17 sec. 729 In implementing the statutory changes, risks. The risks lie in not implementing CFR Citation: 32 CFR 199. this interim final rule makes a number statutorily required changes. Legal Deadline: Other, Statutory, June of improvements to TRICARE. 23, 2017, NDAA 17 section 718. Other, In implementing section 701 and Timetable: Statutory, January 1, 2018, NDAA 17 partially implementing several other Action Date FR Cite section 729. sections of NDAA–17, this interim final Abstract: This interim final rule rule advances all four components of Interim Final Rule 09/29/17 82 FR 45438 implements the primary features of the Military Health System’s quadruple Interim Final Rule 11/28/17 section 701 and partially implements aim of stronger readiness, better care, Comment Pe- several other sections of the National healthier people, and smarter spending. riod End. Defense Authorization Act for Fiscal The aim of stronger readiness is served Final Action ...... 04/00/18 Year 2017 (NDAA–17). The law makes by reinforcing the vital role of the significant changes to the TRICARE TRICARE Prime health plan to refer Regulatory Flexibility Analysis program, especially to the health patients, particularly those needing Required: No. maintenance organization (HMO)-like specialty care, to military medical Small Entities Affected: No. health plan, known as TRICARE Prime; treatment facilities in order to ensure Government Levels Affected: None. to the preferred provider organization that military health care providers Agency Contact: Mark Ellis, health plan, previously called TRICARE maintain clinical currency and Department of Defense, Office of Extra and now to be called TRICARE proficiency in their professional fields. Assistant Secretary for Health Affairs, Select; and to the third health care The objective of better care is enhanced 5111 Leesburg Pike, Suite 810A, Falls option, known as TRICARE Standard, by a number of improvements in Church, VA 22041, Phone: 703 681– which will be terminated as of beneficiary access to health care 0039.

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RIN: 0720–AB70 and groups. We know that improving inhibit job creation; (2) are outdated, BILLING CODE 5001–06–P education starts with allowing greater unnecessary, or ineffective; (3) impose decision-making authority at the State costs that exceed benefits; (4) create a and local levels while also recognizing serious inconsistency or otherwise that the ultimate form of local control interfere with regulatory reform DEPARTMENT OF EDUCATION occurs when parents and students are initiatives and policies; (5) are Statement of Regulatory Priorities empowered to choose their own inconsistent with the requirements of educational paths forward. Our core section 515 of the Treasury and General I. Introduction mission includes this empowerment of Government Appropriations Act, 2001 The U.S. Department of Education local education, serving the most (44 U.S.C. 3516 note), or the guidance (Department) supports States, local vulnerable, and facilitating equal access issued pursuant to that provision, in communities, institutions of higher for all, to ensure all students receive a particular those regulations that rely in education, and families in improving high-quality education, and complete it whole or in part on data, information, or education and other services nationwide with a well-considered and attainable methods that are not publicly available in order to ensure that all Americans, path to a sustainable career. or that are insufficiently transparent to including those with disabilities, Toward these ends, we work with a meet the standard for reproducibility; or receive a high-quality education and are broad range of interested parties and the (6) derive from or implement Executive prepared for high-quality employment. general public, including families, Orders or other Presidential directives students, and educators; State, local, We provide leadership and financial that have been subsequently rescinded and tribal governments; other Federal assistance pertaining to education and or substantially modified. agencies; and neighborhood groups, related services at all levels to a wide community-based early learning II. Regulatory and Deregulatory range of stakeholders and individuals, programs, elementary and secondary Priorities including State educational and other schools, colleges, rehabilitation service agencies, local school districts, Proposed Rulemakings providers, adult education providers, providers of early learning programs, professional associations, advocacy The following actions are the elementary and secondary schools, organizations, businesses, and labor significant new rulemaking actions the institutions of higher education, career organizations. Department is planning for the coming and technical schools, nonprofit If we determine that it is necessary to year. Because we are just now beginning organizations, postsecondary students, develop regulations, we seek public the rulemaking process for these members of the public, families, and participation at the key stages in the regulations, we have limited many others. These efforts are helping rulemaking process. We invite the information about the potential costs to ensure that all children and students public to submit comments on all and benefits and therefore whether from pre-kindergarten through grade 12 proposed regulations through the these would be considered regulatory or will be ready for, and succeed in, internet or by regular mail. We also deregulatory actions under Executive postsecondary education or continue to seek greater public Order 13771. employment, and that students participation in our rulemaking attending postsecondary institutions are Postsecondary Education/Federal activities through the use of transparent Student Aid prepared for a profession or career. and interactive rulemaking procedures We also vigorously monitor and and new technologies. The Secretary is planning two new enforce the implementation of Federal To facilitate the public’s involvement, rulemakings in the area of higher civil rights laws in educational we participate in the Federal Docketing education and Federal Student Aid programs and activities that receive Management System (FDMS), an under the Higher Education Act of 1965, Federal financial assistance, and electronic single Government-wide as amended (HEA). In 2014, we support innovative programs, research access point (www.regulations.gov) that completed a rulemaking to establish and evaluation activities, technical enables the public to submit comments regulations governing certain assistance, and the dissemination of on different types of Federal regulatory postsecondary educational programs data, research, and evaluation findings documents and read and respond to that prepare students for gainful to improve the quality of education. comments submitted by other members employment in a recognized Overall, the laws, regulations, and of the public during the public comment occupation, and in 2016, we completed programs that the Department period. This system provides the public a rulemaking to establish regulations administers will affect nearly every with the opportunity to submit governing, among other issues, borrower American during his or her life. Indeed, comments electronically on any notice defenses to repayment of student loans. in the 2017–18 school year, about 56 of proposed rulemaking or interim final In the two new rulemakings, described million students will attend an regulations open for comment, as well below, we are planning to revisit these estimated 133,000 elementary and as read and print any supporting regulations with the goals of alleviating secondary schools in approximately regulatory documents. unnecessary regulatory burdens and 13,600 districts, and about 20 million We are committed to reducing burden ensuring appropriate protections for students will enroll in degree-granting with regard to regulations, guidance, students, institutions, the taxpayers, and postsecondary schools. All of these and information collections, reducing the Federal government. Through the students may benefit from some degree the burden on information providers use of the negotiated rulemaking of financial assistance or support from involved in our programs, and making process, we will receive input from a the Department. information easily accessible to the diverse range of interests and affected In developing and implementing public. To that end and consistent with parties and will have the opportunity to regulations, guidance, technical Executive Order 13777 (‘‘Enforcing the reach consensus on a set of regulations assistance, evaluations, data gathering Regulatory Reform Agenda’’), we are in that best meets those parties’ needs and and reporting, and monitoring related to the process of reviewing all of our our overall goals. our programs, we are committed to regulations and guidance to modify and More specifically, the Secretary plans working closely with affected persons rescind items that: (1) Eliminate jobs, or to establish new regulations governing

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the William D. Ford Federal Direct Loan Human Services, and this deregulatory • Whether regulations are needed to (Direct Loan) Program regarding the action will rescind regulations that the protect the Federal interest, that is, to standard and the process for Department no longer administers, ensure that Federal funds are used for determining whether a borrower has a thereby avoiding confusion. The unified their intended purpose and to eliminate defense to repayment on a loan based on agenda identifies other deregulatory fraud, waste, and abuse. an act or omission of a school. We also actions that provide cost savings and In deciding how to regulate, we are may amend other sections of the Direct clarity. mindful of the following principles: Loan Program regulations, including • Regulate no more than necessary. III. Regulatory Review those that codify our current policy • Minimize burden to the extent regarding the impact that discharges As stated previously, the Department possible, and promote multiple have on the 150 percent Direct is undertaking a comprehensive approaches to meeting statutory Subsidized Loan Limit; and the Student regulatory reform effort pursuant to requirements if possible. Assistance General Provisions Executive Order 13777, focusing on • Encourage coordination of federally regulations providing the financial rescinding and modifying all outdated, funded activities with State and local responsibility standards and disclosure unnecessary, or ineffective regulations, reform activities. requirements for schools. In addition, guidance, and information collections. • Ensure that the benefits justify the we may amend the discharge provisions Section 3(e) of the Executive Order costs of regulating. in the Federal Perkins Loan, Direct requires the Department, as part of this • To the extent possible, establish Loan, Federal Family Education Loan, effort, to ‘‘seek input and other performance objectives rather than and Teacher Education Assistance for assistance, as permitted by law, from specify the behavior or manner of College and Higher Education Grant entities significantly affected by Federal compliance a regulated entity must programs. regulations, including State, local, and adopt. The Secretary is also commencing tribal governments, small businesses, • Encourage flexibility, to the extent rulemaking to amend the gainful consumers, non-governmental possible and as needed to enable employment regulations, including organizations, and trade associations’’ institutional forces to achieve desired those provisions relating to institutional on regulations that meet some or all of results. eligibility, reporting, and disclosures. the criteria above. Civil Rights/Title IX Consistent with section 3(e), on June 22, 2017, the Department published a The Secretary is planning a new Federal Register notice soliciting such ED—OFFICE FOR CIVIL RIGHTS (OCR) rulemaking to address significant issues input from the public to inform its Proposed Rule Stage under Title IX of the Education evaluation of existing regulations and Amendments of 1972, as amended. In guidance. We specified in the notice 20. • Nondiscrimination on the Basis of this action, we seek to clarify schools’ that we are particularly interested in Sex in Education Programs or Activities obligations in redressing sex regulatory provisions that are unduly Receiving Federal Financial Assistance discrimination, including complaints of costly or unnecessarily burdensome. Priority: Other Significant. Major sexual misconduct, and the procedures The public’s comments will be closely by which they must do so. status under 5 U.S.C. 801 is reviewed and considered as part of our undetermined. Deregulatory Actions overall regulatory reform initiative. Unfunded Mandates: Undetermined. The Department anticipates issuing a IV. Principles for Regulating E.O. 13771 Designation: Other. Legal Authority: 20 U.S.C. 1681 et seq. number of deregulatory actions in the Over the next year, we may need to upcoming fiscal year. We have thus far issue other regulations because of new CFR Citation: 34 CFR 106. been focusing our deregulatory efforts legislation or programmatic changes. In Legal Deadline: None. on eliminating outdated regulations. In doing so, we will follow the Principles Abstract: The Secretary plans to issue many instances, our deregulatory for Regulating, which determine when a notice of proposed rulemaking to actions are being taken because and how we will regulate. Through clarify schools’ obligations in redressing legislation has superseded our consistent application of those sex discrimination, including regulations. For example, we are principles, we have eliminated complaints of sexual misconduct, and planning to rescind a number of unnecessary regulations and identified the procedures by which they must do sections from our Office of Elementary situations in which major programs so. and Secondary Education regulations to could be implemented without Statement of Need: This regulatory clarify which regulations were regulations or with limited regulatory action will address issues regarding superseded by the recently enacted action. schools’ obligations under Title IX of Every Student Succeeds Act. These In deciding when to regulate, we the Education Amendments of 1972, as deregulatory actions, such as rescinding consider the following: amended, to redress sex discrimination. the Adequate Yearly Progress • Whether regulations are essential to Summary of Legal Basis: 20 U.S.C. regulations at 34 CFR 200.13–22, will promote quality and equality of 1681, et seq. clarify for our stakeholders and the opportunity in education. Alternatives: These will be presented general public which of our regulations • Whether a demonstrated problem in a Notice of Proposed Rulemaking and are still in effect, and which have been cannot be resolved without regulation. discussed in the Final Regulations. rescinded. Similarly, we are planning to • Whether regulations are necessary Anticipated Cost and Benefits: These rescind a number of the Office of to provide a legally binding will be presented in a Notice of Special Education and Rehabilitative interpretation to resolve ambiguity. Proposed Rulemaking and discussed in Services regulations issued by the • Whether entities or situations the Final Regulations. Department’s former National Institute subject to regulation are similar enough Risks: These will be presented in a on Disability and Rehabilitation that a uniform approach through Notice of Proposed Rulemaking and Research (NIDRR). Congress transferred regulation would be meaningful and do discussed in the Final Regulations. NIDRR to the Department of Health and more good than harm. Timetable:

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Action Date FR Cite publishing any proposed regulations to 1088; 20 U.S.C. 1091; 20 U.S.C. 1094; 20 implement programs authorized under U.S.C. 1099(b); 20 U.S.C. 1099(c) NPRM ...... 03/00/18 title IV of the HEA, the Secretary obtain CFR Citation: 34 CFR 668. public involvement in the development Legal Deadline: None. Regulatory Flexibility Analysis of the proposed regulations. After Abstract: The Secretary plans to Required: Undetermined. obtaining advice and recommendations amend regulations on institutional Government Levels Affected: from the public, the Secretary conducts eligibility under the Higher Education Undetermined. negotiated rulemaking to develop the Act of 1965, as amended (HEA), and the Federalism: Undetermined. proposed regulations. Section 455(h) of Student Assistance General Provisions, URL For Public Comments: the Higher Education Act of 1965, as including the regulations governing www.regulations.gov. amended (HEA), 20 U.S.C. 1087e(h), whether certain postsecondary Agency Contact: Alejandro Reyes, authorizes the Secretary to specify in educational programs prepare students Department of Education, Office for regulation which acts or omissions of an for gainful employment in a recognized Civil Rights, 400 Maryland Avenue SW, institution of higher education a occupation, and the conditions under Room 4E213, Washington, DC 20202, borrower may assert as a defense to which these educational programs Phone: 202 453–7100, Email: repayment of a Direct Loan. remain eligible under the Federal [email protected]. Alternatives: These will be identified Student Aid programs authorized under RIN: 1870–AA14 through the negotiated rulemaking title IV of the HEA. process, presented in a Notice of Statement of Need: The Secretary is Proposed Rulemaking, and discussed in initiating negotiated rulemaking to ED—OFFICE OF POSTSECONDARY the Final Regulations. revise the gainful employment EDUCATION (OPE) Anticipated Cost and Benefits: These regulations published by the will be identified through the negotiated Department on October 31, 2014 (79 FR Proposed Rule Stage rulemaking process, in a Notice of 64889). 21. Borrower Defense and Related Proposed Rulemaking and discussed in Summary of Legal Basis: Section 492 Issues the Final Regulations. of the HEA requires that, before Risks: These will be identified publishing any proposed regulations to Priority: Economically Significant. through the negotiated rulemaking implement programs authorized under Major under 5 U.S.C. 801. process, in a Notice of Proposed title IV of the HEA, the Secretary obtain E.O. 13771 Designation: Other. Rulemaking and discussed in the Final public involvement in the development Legal Authority: 20 U.S.C. 1082(a)(5), Regulations. of the proposed regulations. After (a)(6); 20 U.S.C.1087(a); 20 U.S.C. Timetable: obtaining advice and recommendations 1087e(h); 20 U.S.C. 1221e–3; 20 U.S.C. from the public, the Secretary conducts 1226a–1; 20 U.S.C. 1234(a); 31 U.S.C. Action Date FR Cite negotiated rulemaking to develop the 3711 CFR Citation: 34 CFR 30; 34 CFR 668; Notice of Intention 06/16/17 82 FR 27640 proposed regulations. Section 431 of the 34 CFR 674; 34 CFR 682; 34 CFR 685; to Commence Department of Education Organization 34 CFR 686; and other sections as Negotiated Act provides authority to the Secretary, applicable. Rulemaking. in relevant part, to inform the public NPRM ...... 05/00/18 Legal Deadline: None. regarding federally supported education Abstract: The Secretary plans to programs; and collect data and Regulatory Flexibility Analysis establish new regulations governing the information on applicable programs for Required: Undetermined. William D. Ford Federal Direct Loan the purpose of obtaining objective Small Entities Affected: Businesses, measurements of the effectiveness of (Direct Loan) Program regarding the Governmental Jurisdictions. standard and the process for such programs in achieving the Government Levels Affected: Federal, intended purposes of such programs. 20 determining whether a borrower has a Local, State. defense to repayment on a loan based on U.S.C. 1231a. Federalism: Undetermined. Alternatives: These will be identified an act or omission of a school. We also URL For More Information: through the negotiated rulemaking may amend other sections of the Direct www.regulations.gov. Loan Program regulations, including URL For Public Comments: process, presented in a Notice of those that codify our current policy www.regulations.gov. Proposed Rulemaking, and discussed in regarding the impact that discharges Agency Contact: Annmarie Weisman, the Final Regulations. have on the 150 percent Direct Department of Education, Office of Anticipated Cost and Benefits: These Subsidized Loan Limit; and the Student Postsecondary Education, 400 Maryland will be identified through the negotiated Assistance General Provisions Avenue SW, Room 6W245, Washington, rulemaking process, presented in a regulations providing the financial DC 20202, Phone: 202 453–6712, Email: Notice of Proposed Rulemaking, and responsibility standards and disclosure [email protected]. discussed in the Final Regulations. requirements for schools. In addition, RIN: 1840–AD26 Risks: These will be identified we may amend the discharge provisions through the negotiated rulemaking in the Federal Perkins Loan (Perkins process, presented in a Notice of Proposed Rulemaking, and discussed in Loan), Direct Loan and Federal Family ED—OPE Education Loan (FFEL) program the Final Regulations. • regulations. 22. Program Integrity; Gainful Timetable: Statement of Need: The Secretary is Employment Action Date FR Cite initiating negotiated rulemaking to Priority: Economically Significant. revise current regulations governing Major under 5 U.S.C. 801. Notice of Intention 06/16/17 82 FR 27640 borrower defenses to loan repayment. E.O. 13771 Designation: Other. to Commence Summary of Legal Basis: Section 492 Legal Authority: 20 U.S.C. 1001; 20 Negotiated of the HEA requires that, before U.S.C. 1002; 20 U.S.C. 1003; 20 U.S.C. Rulemaking.

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Action Date FR Cite Energy Policy and Conservation Act (RFI) on May 30, 2017, 82 FR 24582. (EPCA) requires DOE to review its Among other issues, this RFI requested NPRM ...... 06/00/18 appliance efficiency standards at least insight from the public as to what once every six years to determine regulations may meet the definition of Regulatory Flexibility Analysis whether a new standard can be E.O. 13563. DOE is reviewing all 132 Required: Undetermined. implemented at a level that achieves the comments received to gain a better Small Entities Affected: Businesses, maximum improvement in energy insight into possible regulations that can Governmental Jurisdictions. efficiency that is technologically be modified, streamlined, expanded or Government Levels Affected: Federal, feasible and economically justified. The repealed. As required by Executive Local, State. Department continues to work to meet Order 13777, ‘‘Enforcing the Regulatory URL For Public Comments: these obligations. Reform Agenda’’, DOE also has www.regulations.gov. DOE is also engaging in a number of established a regulatory reform task Agency Contact: Annmarie Weisman, deregulatory activities aimed at Department of Education, Office of force, tasked with the mission of reducing regulatory costs and burdens. identifying regulations in need of Postsecondary Education, 400 Maryland These activities include expediting the Avenue SW, Room 6W245, Washington, reform, as specified in the order. The approval process for applicants task force’s activities are intended to DC 20202, Phone: 202 453–6712, Email: proposing to export small volumes of [email protected]. assist DOE in meeting the objectives of natural gas and taking a number of E.O. 13563. RIN: 1840–AD31 actions to right-size the safety BILLING CODE 4000–01–P requirements for persons conducting activities that affect, or may affect, the safety of DOE nuclear facilities. DOE—ENERGY EFFICIENCY AND RENEWABLE ENERGY (EE) DEPARTMENT OF ENERGY Aggregate Number of Anticipated Proposed Rule Stage Statement of Regulatory and Regulatory and Deregulatory Actions Deregulatory Priorities For fiscal year 2017 and 2018 DOE 23. Energy Conservation Standards and The Department of Energy (DOE or plans to implement 7 regulatory actions Definition for General Service Lamps The Department) makes vital and 16 deregulatory actions. DOE is Priority: Economically Significant. contributions to the Nation’s welfare largely focusing its resources on Major under 5 U.S.C. 801. through its activities focused on pursuing the deregulatory actions listed Unfunded Mandates: This action may improving national security, energy in the Regulatory Agenda. While none affect the private sector under Public supply, energy efficiency, of the rulemakings listed as regulatory Law 104–4. environmental remediation, and energy actions in DOE’s regulatory agenda meet E.O. 13771 Designation: Other. research. The Department’s mission is to the Regulatory Plan criterion of ‘‘most Legal Authority: 42 U.S.C. ensure America’s security and important significant regulatory 6295(i)(6)(A) prosperity by addressing its energy, actions’’ of the agency, DOE is placing CFR Citation: 10 CFR 430. environmental, and nuclear challenges one action in its Regulatory Plan, for the Legal Deadline: Final, Judicial, Date through transformative science and purpose of transparency and due to the will be determined based on prior technology solutions. non-trivial costs of the proposed action: actions required by the settlement Through its regulatory and Energy Conservation Standards for agreement. deregulatory activities, the Department Residential Conventional Cooking Abstract: The Department will issue a works to ensure it both achieves its Products. At the 7% and 3% discount supplemental notice of proposed critical mission, and implements the rate the primary annualized cost for this rulemaking that includes a proposed administration’s initiative to reduce rule is expected to be 42.6 million and determination with respect to whether regulation and control regulatory costs 42.3 million dollars respectively. The to amend or adopt standards for general as outlined in Executive Order (E.O.) primary annualized benefits at the 7% service light-emitting diode (LED) lamps 13771, ‘‘Reducing Regulation and and 3% discount rate are expected to be and that may include a proposed Controlling Regulatory Costs.’’ As such, 126 million and 178 million determination with respect to whether the Department strives to act in a respectively. to amend or adopt standard for compact prudent and financially responsible In all its rulemakings, as required by fluorescent lamps. According to the manner in the expenditure of funds, E.O. 12866, ‘‘Regulatory Planning and Settlement agreement between NEMA from both public and private sources, Review,’’ DOE ensures that the net vs DOE, DOE will use its best efforts to and manages appropriately the costs benefits of any rule it publishes issue GSL SNOPR within five months of associated with private expenditures outweigh the costs of the rulemaking. publishing the final rule on vibration required for compliance with DOE Further, DOE will not issue a rule if that service and rough service lamps. regulations. Ultimately, DOE aims to rule contains unjustified burdens. Statement of Need: DOE is directed under EPCA to determine when to promote meaningful regulatory burden Retrospective Analyses of Existing Rules reduction, while at the same time establish standards for GSL’s, and that achieve its regulatory objectives and As part of its efforts to comply with DOE complete the rulemaking by statutory obligations. Section 6 of E.O. 13563, ‘‘Improving January 1, 2017. Regulation and Regulatory Review,’’ Summary of Legal Basis: Regulatory and Deregulatory Priorities which requires agencies to conduct a Amendments to EPCA in the Energy DOE’s regulatory and deregulatory retrospective review of existing rules to Independence and Security Act of 2007 priorities reflect the Department’s efforts identify rules that are ‘‘outmoded, (EISA) directed DOE to conduct two to achieve meaningful burden reduction ineffective, insufficient, or excessively rulemaking cycles to evaluate energy while continuing to achieve the burdensome,’’ and to determine whether conservation standards for GSL’s (42 Department’s statutory obligations. such regulations should be ‘‘modified, U.S.C. 6295(i)(6)(A)–(B)). Furthermore, DOE’s regulatory priorities reflect the streamlined, expanded, or repealed’’ pursuant to EPCA, any new or amended Department’s statutory obligations. The DOE issued a request for information energy conservation standard that the

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Department of Energy (DOE) prescribes Action Date FR Cite Legal Deadline: Other, Statutory, for certain products, such as general Subject to 6-year-look-back at 6295(m). service lamps, shall be designed to Proposed Defini- 10/18/16 81 FR 71794 Abstract: EPCA, as amended by EISA achieve the maximum improvement in tion and Data 2007, requires the Secretary to energy efficiency that is technologically Availability. determine whether updating the feasible and economically justified (42 Proposed Defini- 11/08/16 statutory energy conservation standards tion and Data for residential conventional cooking U.S.C. 6295(o)(2)(A)) and result in a Availability significant conservation of energy (42 Comment Pe- products would yield a significant U.S.C. 6295(o)(3)(B)). riod End. savings in energy use and is technically Alternatives: The statute requires DOE Final Rule Adopt- 01/19/17 82 FR 7276 feasible and economically justified. DOE to conduct rulemakings to review ing a Definition is reviewing to make such standards and to revise standards to for GSL. determination. achieve the maximum improvement in Final Rule Adopt- 01/01/20 Statement of Need: The Energy Policy energy efficiency that the Secretary ing a Definition and Conservation Act of 1975 (EPCA), for GSL Effec- determines is technologically feasible as amended, prescribes energy tive. conservation standards for various and economically justified. In making Final Rule Adopt- 01/19/17 82 FR 7322 this determination, DOE conducts a consumer products and certain ing a Definition commercial and industrial equipment, thorough analysis of the alternative for GSL Includ- standard levels, including the existing ing IRL. including residential conventional standard, based on the criteria specified Final Rule Adopt- 01/01/20 cooking products. EPCA also requires in the statute. ing a Definition the U.S. Department of Energy (DOE) to determine whether more-stringent, Anticipated Cost and Benefits: DOE for GSL Includ- amended standards would be finds that the benefits to the Nation of ing IRL Effec- tive. technologically feasible and the proposed energy standards for GSL Supple- 03/00/18 economically justified, and would save General Service Lamps outweigh the mental NPRM. a significant amount of energy. DOE is burdens. DOE estimates that energy proposing new and amended energy savings will be .85 quads over 30 years Regulatory Flexibility Analysis conservation standards for residential and the net benefit to the Nation will be Required: Yes. conventional cooking products, between $4.4 billion and $9.1 billion. Small Entities Affected: Businesses. specifically conventional cooking tops Risks: Government Levels Affected: None. and conventional ovens. Timetable: International Impacts: This regulatory Summary of Legal Basis: EPCA action will be likely to have provides that not later than 6 years after Action Date FR Cite international trade and investment issuance of any final rule establishing or effects, or otherwise be of international Framework Docu- 12/09/13 78 FR 73737 amending a standard, DOE must publish interest. either a notice of determination that ment Avail- URL For More Information: ability; Notice of standards for the product do not need to www1.eere.energy.gov/buildings/ be amended, or a notice of proposed Public Meeting. _ Framework Docu- 01/23/14 appliance standards/ rulemaking including new proposed ment Comment rulemaking.aspx?ruleid=83. energy conservation standards (42 Period End. URL For Public Comments: U.S.C. 6295(m)(1)). In accordance with Framework Docu- 01/23/14 79 FR 3742 www.regulations.gov/ this statutory provision, DOE proposes ment Comment #!docketDetail;D=EERE-2013-BT-STD- new and amended energy conservation Period Ex- 0051. standards for residential conventional tended. Agency Contact: Lucy DeButts, cooking products. Framework Docu- 02/07/14 Buildings Technologies Office, EE–5B, ment Comment Alternatives: Additional compliance Period Ex- Department of Energy, Energy Efficiency flexibilities may be available through tended End. and Renewable Energy, 1000 other means. EPCA provides that a Preliminary Anal- 12/11/14 79 FR 73503 Independence Avenue SW, Washington, manufacturer whose annual gross ysis; Notice of DC 20585, Phone: 202 287–1604, Email: revenue from all of its operations does Public Meeting. [email protected]. not exceed $8 million may apply for an Preliminary Anal- 02/09/15 RIN: 1904–AD09 exemption from all or part of an energy ysis Comment conservation standard for a period not Period End. longer than 24 months after the effective Preliminary Anal- 01/30/15 80 FR 5052 ysis Comment DOE—EE date of a final rule establishing the standard (42 U.S.C. 6295(t)). Period Ex- 24. Energy Conservation Standards For tended. Additionally, section 504 of the Preliminary Anal- 02/23/15 Residential Conventional Cooking Department of Energy Organization Act, ysis Comment Products 42 U.S.C. 7194, provides authority for Period Ex- Priority: Economically Significant. the Secretary to adjust a rule issued tended End. Major under 5 U.S.C. 801. under EPCA in order to prevent special Notice of Public 03/15/16 81 FR 13763 Unfunded Mandates: This action may hardship, inequity, or unfair Meeting; affect the private sector under Public distribution of burdens that may be Webinar. NPRM ...... 03/17/16 81 FR 14528 Law 104–4. imposed on that manufacturer as a NPRM Comment 05/16/16 E.O. 13771 Designation: Regulatory. result of such rule. Period End. Legal Authority: 42 U.S.C. 6295(m)(1); Anticipated Cost and Benefits: Using Notice of Public 10/05/16 81 FR 69009 42 U.S.C. 6292 (a)(10); 42 U.S.C. 6295(h) a 7-percent discount rate for benefits Meeting; CFR Citation: 10 CFR 429; 10 CFR and costs, the estimated cost of the Webinar. 430. proposed standards for consumer

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conventional cooking products is $42.6 Action Date FR Cite I. More Effectively Meeting the Needs of million per year in increased equipment Individuals costs, while the estimated annual Supplemental 10/00/18 In order to better serve the American NPRM. benefits are $120.3 million in reduced people through its programs, HHS will equipment operating costs. propose a number of regulatory actions Using a 3-percent discount rate for all Regulatory Flexibility Analysis aimed at improving service delivery benefits and costs, the estimated cost of Required: Yes. through meaningful information the proposed standards for consumer Small Entities Affected: Businesses. sharing, supporting consumer autonomy conventional cooking products is $42.3 and decision-making, and better million per year in increased equipment Government Levels Affected: Undetermined. aligning programs with the most current costs, while the estimated annual science. benefits are $163.3 million in reduced URL For More Information: operating costs. www1.eere.energy.gov/buildings/ Improving Service Delivery Through The industry net present value (INPV) appliance_standards/ Meaningful and Appropriate is the sum of the discounted cash flows rulemaking.aspx?ruleid=85. Information Sharing to the industry from the reference year URL For Public Comments: In order to deliver quality health care through the end of the analysis period www.regulations.gov/ and human services, stronger and (2017 to 2049). Using a real discount #!docketDetail;D=EERE-2014-BT-STD- clearer regulatory systems that promote rate of 9.1 percent, DOE estimates that 0005. the judicious sharing of personally the INPV for manufacturers of consumer identifiable information among care Agency Contact: Stephanie Johnson, conventional cooking products is teams, individuals, and families are General Engineer, Department of $1,241.6 million in 2016 dollars. Under necessary, while protecting the Energy, Energy Efficiency and the proposed standards, DOE expects confidentiality and security of that Renewable Energy, 1000 Independence that manufacturers may experience a information. The Office of Civil Rights Avenue SW, Building Technologies reduction of up to 4.7 percent of their (OCR), the Office of the National Office, EE5B, Washington, DC 20002, INPV, which is approximately $58.4 Coordinator for Health Information Phone: 202 287–1943, Email: million in 2016. Technology (ONC), and the Substance [email protected]. The cumulative net present value Abuse and Mental Health Services (NPV) of total consumer benefits of the RIN: 1904–AD15 Administration (SAMHSA) intend to standards for consumer conventional BILLING CODE 6450–01–P promulgate rules related to the sharing cooking products ranges from $1.08 of electronic data and records. In billion (at a 7-percent discount rate) to particular, OCR plans to propose a rule $2.63 billion (at a 3-percent discount clarifying information sharing with rate). This NPV expresses the estimated DEPARTMENT OF HEALTH AND family members when patients are total value of future operating-cost HUMAN SERVICES incapacitated. savings minus the estimated increased Statement of Regulatory Priorities for Supporting Consumer Autonomy product costs for consumer Fiscal Year 2018 Integral to a person-centered approach conventional cooking products to health care is the concept of purchased in 2020–2049. The Department of Health and Human autonomy and personal responsibility: Risks: Services (HHS) carries out a wide array Providing consumers with the Timetable: of activities in order to fulfill its mission of protecting and promoting the health information they need and choices so Action Date FR Cite and well-being of the American people. they can take responsibility for their From supporting cutting-edge research health and better direct their own care. Request for Infor- 02/12/14 79 FR 8337 and disease surveillance to regulating In order to provide patients with mation (RFI). products and facilities to administering information that is useful, actionable, RFI Comment Pe- 03/14/14 programs that help our citizens most in and comprehensible, the Food and Drug riod End. need of access to health care and social Administration (FDA) plans to amend RFI Comment Pe- 03/03/14 79 FR 11714 its regulations regarding the information riod Extended. services, HHS’s work has a clear impact on the daily life of all Americans. patients receive for outpatient- RFI Comment Pe- 04/14/14 administered prescription drugs. To riod Extended In order to successfully carry out its encourage more consumer-directed care, End. mission, HHS is committed to a NPRM and Public 06/10/15 80 FR 33030 FDA also plans to propose regulations to regulatory agenda that is focused on facilitate access to more treatments for Meeting. better meeting the needs of the NPRM Comment 07/30/15 80 FR 45452 common conditions by using new Period Ex- individuals served by its programs, approaches, including new tended. empowering individuals and technologies, to assist consumers in self- NPRM Comment 09/09/15 communities by reducing the burden of selection and use of products that have Period Ex- compliance, and maximizing the impact previously been available only by tended End. of federal investments. Through its prescription. Supplemental 09/02/16 81 FR 60784 rulemakings in the coming fiscal year, NPRM. HHS will take concrete steps towards Aligning Programs With Scientific SNPRM Comment 10/03/16 streamlining its regulations and Advancements Period End. improving the transparency, flexibility, In order to best respond to the needs SNPRM Comment 09/30/16 81 FR 67219 Period Ex- and accountability of its regulatory of patients, it is crucial that HHS tended. processes in order to realize a future regulations and programs reflect current SNPRM Comment 11/02/16 where science, health care, and human science. HHS is fulfilling this need by Period Ex- services are fundamentally person- updating regulations so that the tended End. centered. Department can utilize the full spectrum

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of current scientific thinking when and fewer resources to administrative for Long-Term Care facilities. Currently, carrying out program activities. work and redirect those efforts to the these requirements often impede the Specifically, the Health Resources and children they serve. delivery of quality care and divert Services Administration (HRSA) plans The Centers for Medicare & Medicaid resources away from facility residents. to revise the Vaccine Injury Table to Services (CMS) plans to propose Providing Necessary Regulatory Clarity include vaccines that the Centers for changes to the current Conditions of to Industry Stakeholders Disease Control and Prevention (CDC) Participation (CoPs) or Conditions for recommends for administration to Coverage (CfCs) that health care While the above rulemakings seek to pregnant women. This revision will organizations must meet in order to correct overregulation, in some cases, allow injuries related to these vaccines begin and continue participating in the HHS programs lack the necessary to be eligible for the National Vaccine Medicare and Medicaid programs. regulations in order to make their Injury Compensation Program. These changes will simplify and processes transparent and predictable. Additionally, FDA intends to propose a streamline the current regulations by For example, in the context of FDA’s new rule that will modernize reducing the frequency of certain tobacco program, rulemaking is needed mammography quality by recognizing required activities and, where to clarify for industry what is required new technologies, making appropriate, revising timelines for to be included in premarket improvements in facility processes, and certain requirements for providers and applications and the procedures that the reporting of breast density, which is suppliers. These changes will also will be followed in submitting and now widely recognized as a risk factor increase provider flexibility and reduce reviewing these submissions as part of for breast cancer. excessively burdensome regulations, a comprehensive framework to regulate while allowing providers to focus on nicotine and tobacco and advance the II. Empowering Individuals and providing high-quality health care to public health. In addition, FDA is Communities Through Reducing their patients. Ultimately, these updating important rules for medical Regulatory Burden proposals balance patient safety and device applications so the rules reflect In order to make HHS programs more quality, while also providing broad risk-based and least burdensome person-centered, the rulemakings regulatory relief for providers and pathways to market for devices, described above must be accompanied suppliers. including new and innovative devices. by serious efforts to decrease the burden Through initiatives to eliminate These rules will fill gaps to ensure that of complying with Federal regulations. regulatory burdens that negatively manufacturers in these sectors know Regulatory burden can result from a impact the doctor-patient relationship, how to bring innovative products to variety of sources, including reporting the Department will take steps to market that may save lives or reduce requirements, outdated restrictions, remove duplicative requirements, health risks. FDA intends to begin requirements and/or conditions not streamline data collection and reporting rulemaking this fiscal year to fill these required by the authorizing statutes, and requirements, and make meaningful regulatory gaps so that these processes a lack of clear regulatory guidelines. reforms to programs that limit access to become more fair, efficient, and HHS is committed to streamlining and care. For example, CMS plans to finalize predictable. clarifying its regulations to reduce the physician fee schedule, which will In response to extensive outreach to unnecessary burden while continuing to eliminate the redundant reporting of the physician stakeholders, HHS anticipates protect the public health and to meet modifier in the professional claim to a number of changes associated with the human services needs of the reduce burden for eligible practitioners. private practice physicians and their American people. The Inpatient Prospective Payment arrangements with Medicare Advantage System (IPPS), which HHS has finalized Organizations (MAOs). Of the nearly Minimizing Duplication and for fiscal year 2018, also reduces the 200 regulatory burdens reported by Burdensome Requirements electronic quality reporting measures more than 30 trade associations, 12 The Department recognizes the from eight to four measures, to reduce percent of the groups requested clarity burden that requirements for many of its burden for eligible practitioners and with regards to the ways MAOs audit programs place on States, territories, ensure they are spending more time physicians and their practices. CMS tribes, local governments, industry, caring for the patient rather than in front plans on issuing a Part C and D rule for providers and facilities, caseworkers, of a computer screen. HHS intends to Contract Year 2019, that responds to grant recipients, and individuals. HHS continue building on this progress in these concerns. The rule will also seek plans to actively engage stakeholders in the next fiscal year rule. comment on ways to improve MAO transparent, deliberative processes to audits of solo practitioners and their Eliminating Outdated Restrictions and ensure that the Department strikes an practices. appropriate balance between reducing Obsolete Regulations burden and continuing to administer In addition to minimizing regulatory III. Maximizing the Impact of Every high-quality programs. For example, burden, HHS realizes that many of its Federal Dollar Spent The Administration for Children and regulations may contain provisions that In order to truly protect and promote Families (ACF) plans to issue an are outdated, obsolete, or otherwise not the health and wellbeing of the Advanced Notice of Proposed applicable to the current environment. American people, HHS must ensure that Rulemaking seeking public comment on HHS has resolved to reform its each and every taxpayer dollar it spends its 2016 Final Rule on the Adoption and processes so that those providing care is used wisely and managed Foster Care Analysis and Reporting and other services to Americans are able responsibly. HHS’s efforts to reduce System (AFCARS), which doubled to thrive within the State and federal burden and move toward more person- reporting requirements for States and regulatory environment. As an early centered programs must be coupled tribes. Through careful consideration of step in this broader effort, CMS plans to with a department-wide determination all comments submitted by the public issue a proposed rule that will remove to do more with the resources that it during this process, ACF believes it can unnecessary and outdated requirements has. By doing so, HHS hopes to use streamline the 2016 Rule so that States from the conditions of participation for taxpayer funds responsibly to reach as and tribes are able to devote less time the Medicare and Medicaid programs many Americans in need as possible

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directly through its programs and to Care. This rule would streamline the incapacitated patient’s family members, empower its community partners to do regulatory framework and provide unless there is evidence that a provider the same. burden reductions to ensure state acted in bad faith. OCR by delegation Medicaid agencies are able to work from the Secretary, has broad authority Protecting the Integrity of HHS effectively with CMS to design, develop, under HIPAA to make modifications to Programs and deploy managed care programs that the Privacy Rule, as provided by section A key component of maximizing the meet the state population’s needs. These 264 of HIPAA (codified at 42 U.S.C. and impact of HHS’s investments—and changes support state flexibility, local 1320d–2(note)). protecting taxpayer dollars—is program leadership, and innovation in the Summary of Legal Basis: OCR has integrity. Without consistent efforts to delivery of care. broad authority under the HIPAA identify fraud, waste, and abuse and In the coming fiscal year, HHS plans statute to make modifications to the respond accordingly, the Department to consider a number of regulatory and Privacy Rule, within the statutory cannot be certain that its funds are going deregulatory actions intended to make constraints of the HITECH Act and other toward their intended use nor can it its processes more flexible, efficient, applicable law (e.g., the Administrative maintain the public’s confidence in its and transparent. In order to fully realize Procedures Act). programs. As such, the Department is the potential of these efforts, HHS Alternatives: The alternative is to not committed to keeping program integrity recognizes the need for a collaborative issue a proposed rule. a priority in the coming years. This year, rulemaking process where the concerns Anticipated Cost and Benefits: The CMS plans to finalize a rule that will of stakeholders are appropriately proposed rule will not create any new implement crucial authorities provided considered. By working with its requirements or costs for regulated by Congress to deny or revoke a community partners to understand the entities or the public. It will provide provider or supplier’s Medicare challenges that they face under HHS’s assurances to health care providers enrollment in certain circumstances current regulatory structures and where about their ability to make disclosures specified in the rule. Additionally, there are opportunities for that are in the best interests of patients. HRSA plans to publish an NPRM improvement, the Department hopes to Risks: OCR has not identified any imposing civil monetary penalties on modernize and streamline its risks associated with this proposal. OCR drug manufacturers who knowingly and regulations to better serve the needs of currently defers to a healthcare intentionally charge 340B program the American people. provider’s professional judgment in participants a price higher than the these circumstances and has never taken program ceiling price. enforcement action against a healthcare provider who shared information in Promoting Flexibility for States, HHS—OFFICE FOR CIVIL RIGHTS good faith, thus, the proposed regulatory Grantees, and Regulated Entities (OCR) change will not decrease the privacy Alongside program integrity activities, protections for individuals’ protected HHS intends to enhance regulatory Proposed Rule Stage health information, or significantly alter flexibility so that its State and 25. • HIPAA Privacy Rule: Presumption HIPAA enforcement policy. community partners are able to better of Good Faith of Healthcare Providers Timetable: tailor their programs to fit the needs of Priority: Other Significant. the people they serve. Particularly in the E.O. 13771 Designation: Deregulatory. Action Date FR Cite context of the Secretary’s three clinical Legal Authority: Health Insurance priorities—combatting the opioid crisis, Portability and Accountability (HIPAA) NPRM ...... 05/00/18 childhood obesity, and serious mental Act of 1996, Pub. L. 104–191 illness—the Department has begun CFR Citation: 45 CFR 164.510. Regulatory Flexibility Analysis looking seriously at its programs to see Legal Deadline: None. Required: No. how it can maximize the number of Abstract: The proposed rule would Government Levels Affected: None. people reached through amending its modify the HIPAA Privacy Rule to Agency Contact: Andra Wicks, Health regulations to remove or change clarify that healthcare providers are Information Privacy Specialist, regulatory limitations on grantees and presumed to be acting in the Department of Health and Human regulated entities. Specifically, individual’s best interests when they Services, Office for Civil Rights, 200 SAMHSA plans to publish an NPRM share information with an incapacitated Independence Avenue SW, Washington, exploring ways that it could better patient’s family members unless there is DC 20201, Phone: 202 774–3081, TDD facilitate the ability of individuals with evidence that a provider was acted in Phone: 800 537–7697, Email: an Opioid Use Disorder to access bad faith. [email protected]. interim maintenance treatment while Statement of Need: HIPAA allows RIN: 0945–AA09 they are waiting to begin a medical professionals to share protected comprehensive treatment plan. In health information with an individual’s addition, ACF plans to consider revising loved ones in emergency or dangerous HHS—OFFICE OF THE NATIONAL minimum service duration requirements situations but misunderstandings to the COORDINATOR FOR HEALTH for Head Start center-based programs. contrary persist and create obstacles to INFORMATION TECHNOLOGY (ONC) Rulemaking carried out in 2016 nearly family support that is crucial to the doubled the current minimum. If proper care, treatment, and recovery of Proposed Rule Stage revised again, center-based Head Start people experiencing a crisis situation. 26. • Health Information Technology: programs would likely be able to serve Therefore, the Department, through the Interoperability and Certification more children and choose a duration Office for Civil Rights (OCR) intends to Enhancements that better reflects the needs and daily propose regulatory changes to the schedules of the families they serve. HIPAA Privacy Rule to clarify that Priority: Economically Significant. As a way of promoting flexibility for healthcare providers are presumed to be Major under 5 U.S.C. 801. States, CMS also plans to propose a rule acting in the individual’s best interests Unfunded Mandates: Undetermined. related to Medicaid and CHIP Managed when they share information with an E.O. 13771 Designation: Regulatory.

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Legal Authority: Pub. L. 114–255 Action Date FR Cite Alternatives: The alternatives include CFR Citation: Not Yet Determined. not making these changes or making Legal Deadline: None. NPRM ...... 04/00/18 only one of the above changes rather than both (i.e., either updating the Abstract: The proposed rule would Regulatory Flexibility Analysis update certain provisions of the Health regulatory language to permit private, Required: Yes. for-profit entities to serve as OTPs or Information Technology for Economic Small Entities Affected: Businesses, and Clinical Health Act of 2009 removing the transitional certification Governmental Jurisdictions, provisions but not both of these (HITECH Act) and implement certain Organizations. provisions of the 21st Century Cures Act changes). Government Levels Affected: Anticipated Cost and Benefits: (Cures Act) including provisions related Undetermined. Eliminating outmoded transition to conditions of certification and Federalism: Undetermined. regulations will make the regulations maintenance of certification for a health Agency Contact: Michael Lipinski, JD, less confusing. In addition, permitting information technology (IT) developer Director, Division of Federal Policy and private, for-profit entities to qualify for or entity, the voluntary certification of Regulatory Affairs, Department of certification potentially will broaden health IT for use by pediatric health Health and Human Services, Office of access to opioid treatment programs. providers, health information network the National Coordinator for Health SAMHSA is unsure how to quantify voluntary attestation to their adoption of Information Technology, Mary E. costs and benefits for these changes. a trusted exchange framework and Switzer Building, 330 C Street SW, Risks: Some advocates may argue that common agreement in support of Washington, DC 20201, Phone: 202 690– controversies about patient brokering network-to-network exchange, and 7151. raise questions about whether private, provisions related to reasonable and RIN: 0955–AA01 for-profit entities would best uphold the necessary activities that do not interests of patients but SAMHSA has constitute information blocking. no specific information that permitting Statement of Need: In part, Title IV of HHS—SUBSTANCE ABUSE AND private, for-profit entities to manage the 21st Century Cures Act requires the MENTAL HEALTH SERVICES OTPs will increase risks to patients. Secretary to engage in notice and ADMINISTRATION (SAMHSA) Timetable: comment rulemaking that would help Proposed Rule Stage advance interoperability and the Action Date FR Cite exchange of health information, 27. • Certification of Opioid Treatment including by addressing information Programs NPRM ...... 10/00/18 blocking. The interoperability of health Priority: Other Significant. Major Regulatory Flexibility Analysis information is central to the efforts of status under 5 U.S.C. 801 is Required: No. the Department of Health and Human undetermined. Services to enhance and protect the E.O. 13771 Designation: Deregulatory. Government Levels Affected: None. health and well-being of all Americans. Legal Authority: Sec. 303(g) of the Agency Contact: Chris Carroll, Summary of Legal Basis: The Controlled Substances Act (CSA); (21 Director of Health Care Financing and proposed provision would be U.S.C. 823(g)) establishes procedures for Systems Integration, Department of implemented under the authority of the determining whether a health care Health and Human Services, Substance Public Health Service Act, as amended practitioner can dispense opioid drugs Abuse and Mental Health Services by the HITECH Act and the Cures Act. for the purpose of treating opioid use Administration, 1 Choke Cherry Road, Alternatives: ONC will consider disorders Rockville, MD 02857, Phone: 240 276– different options to improve CFR Citation: Not Yet Determined. 1765, Email: christopher.carroll@ interoperability and access to electronic Legal Deadline: None. samhsa.hhs.gov. health information so that the benefits Abstract: This proposed rule would RIN: 0930–AA27 to providers, patients, and payers are delete outmoded requirements for maximized and the economic burden to transitional certification and add new health IT developers, providers, and language permitting private, for-profit HHS—SAMHSA other stakeholders is minimized. entities to serve as opioid treatment programs. Final Rule Stage Anticipated Cost and Benefits: The Statement of Need: SAMHSA plans to 28. Confidentiality of Substance Use majority of costs for this proposed rule promulgate a rule to remove the Disorder Patient Records will be incurred by health IT developers transitional certification provisions that in terms of meeting new requirements are now outdated. Additionally, Priority: Other Significant. Major and continual compliance with the updating language to permit private, for- status under 5 U.S.C. 801 is regulations. We expect, however, that profit entities to serve as opioid undetermined. through implementation and treatment programs could improve Unfunded Mandates: Undetermined. compliance with the regulations the patient access to this treatment. E.O. 13771 Designation: Regulatory. market particularly providers, patients, Summary of Legal Basis: Section Legal Authority: 42 U.S.C. 290dd–2 and payers will benefit greatly from 303(g) of the Controlled Substances Act CFR Citation: Not Yet Determined. increased interoperability and access to (CSA) (21 U.S.C. 823(g) establishes Legal Deadline: None. electronic heath information (e.g., the procedures for determining whether a Abstract: The action would finalize need for less interfaces or making health healthcare practitioner can dispense the proposed additional clarifications to information more accessible at lower opioid drugs for the purpose of treating the part 2 regulations which were costs). Other proposed changes are opioid use disorders. HHS has adopted included in the Supplemental NPRM aimed at relieving some administrative regulations at 42 CFR part 8 to provide published on January 18, 2017, (82 FR burdens for health IT developers. additional details. These regulations 5485). This proposed to permit lawful Risks: None identified at this time. were most recently substantively holders and their contractors and Timetable: revised in July 2016 (81 FR 44712). subcontractors’ to, under certain

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circumstances, use and disclose part 2- disclosures permitted will increase risks These updates are intended to covered data for purposes of carrying of data breaches or other risks to improve the delivery of mammography out payment, healthcare operations, and patients. services. other healthcare related activities. Timetable: Summary of Legal Basis: Statement of Need: This action should Mammography is an X-ray imaging improve information sharing for Action Date FR Cite examination device that is regulated purposes of carrying out payment, under the authority of the FD&C Act. healthcare operations, and other Final Action ...... 01/00/18 FDA is proposing these amendments to healthcare related activities. the mammography regulations (set forth Summary of Legal Basis: The Regulatory Flexibility Analysis in 21 CFR part 900) under section 354 governing statute, 42 U.S.C. 290dd–2, Required: Undetermined. of the Public Health Service Act (42 establishes that records of the identity, Government Levels Affected: U.S.C. 263b), and sections 519, 537, and diagnosis, prognosis, or treatment of any Undetermined. 704(e) of the FD&C Act (21 U.S.C. 360i, patient which are maintained in Federalism: Undetermined. 360nn, and 374(e)). connection with the performance of any Agency Contact: Chris Carroll, Alternatives: The Agency will program or activity relating to substance Director of Health Care Financing and consider different options so that the abuse education, prevention, training, Systems Integration, Department of health benefits to patients are treatment, rehabilitation, or research, Health and Human Services, Substance maximized and the economic burdens which is conducted, regulated, or Abuse and Mental Health Services to mammography facilities are directly or indirectly assisted by any Administration, 1 Choke Cherry Road, minimized. department or agency of the United Rockville, MD 02857, Phone: 240 276– Anticipated Cost and Benefits: The States shall, except as provided in 1765, Email: christopher.carroll@ primary public health benefits of the subsection (e) of this section, be samhsa.hhs.gov. rule will come from the potential for confidential. The statute requires that RIN: 0930–AA26 earlier breast cancer detection, HHS issue regulations, which are improved morbidity and mortality, codified at 42 CFR part 2. SAMHSA. resulting in reductions in cancer This final rule will adopt changes treatment costs. The primary costs of the proposed in the SNPRM. HHS—Food and Drug Administration rule will come from industry labor costs Alternatives: Based on public (FDA) and costs associated with supplemental comments, SAMHSA anticipates that Proposed Rule Stage testing and biopsies. these modifications will enhance Risks: If a final regulation does not 29. Mammography Quality Standards efficiency of such payment and health publish, the potential reduction in Act; Regulatory Amendments care operations as claims processing, fatalities and earlier breast cancer business management, training and Priority: Economically Significant. detection, resulting in reduction in customer service. The alternative would Major under 5 U.S.C. 801. cancer treatment costs, will not be not to finalize these changes in E.O. 13771 Designation: Regulatory. materialize to the detriment of public which case it would remain unclear in Legal Authority: 21 U.S.C. 360i; 21 health. some cases as to when and whether part U.S.C. 360nn; 21 U.S.C. 374(e); 42 Timetable: 2 programs could work with contractors U.S.C. 263b or subcontractors on payment and CFR Citation: 21 CFR 900. Action Date FR Cite health care operations activities. Anticipated Cost and Benefits: The Legal Deadline: None. NPRM ...... 10/00/18 changes proposed will make it easier for Abstract: FDA is proposing to amend part 2 programs to work with its regulations governing Regulatory Flexibility Analysis contractors, subcontractors, and legal mammography. The amendments would Required: Yes. representatives on payment and update the regulations issued under the Small Entities Affected: Businesses. healthcare operations activities. Mammography Quality Standards Act of Government Levels Affected: State. SAMHSA also will develop an 1992 (MQSA). FDA is taking this action Federalism: This action may have abbreviated notice of redisclosure that to address changes in mammography federalism implications as defined in may make it easier for some entities to technology and mammography E.O. 13132. use electronic health records. processes that have occurred since the Agency Contact: Erica Blake-Payne, Risks: None known. regulations were published in 1997 and Regulatory Counsel, Department of This rule, if finalized, would permit to address breast density reporting to Health and Human Services, Food and lawful holders of part 2 information to patient and healthcare providers. Drug Administration, Center for Devices work with contractors, subcontractors Statement of Need: FDA is proposing and Radiological Health, WO 66, Room and legal representatives to make to update the mammography regulations 5522, 10903 New Hampshire Avenue, additional disclosures of part 2 that were issued under the Silver Spring, MD 20993, Phone: 301 information for certain payment and Mammography Quality Standards Act of 796–3999, Fax: 301 847–8145, Email: health care operations purposes when 1992 (MQSA) and the Federal Food, [email protected]. initial patient consent is obtained. The Drug, and Cosmetic Act (FD&C Act). RIN: 0910–AH04 rule includes language which provides FDA is taking this action to address that the contractor and any changes in mammography technology subcontractor or legal representative are and mammography processes. HHS—FDA or will be fully bound by the provisions FDA is also proposing updates to of part 2 upon receipt of the patient modernize the regulations by 30. Medical Device De Novo identifying data, and, as such that each incorporating current science and Classification Process disclosure shall be accompanied by a mammography best practices, including Priority: Other Significant. Major required redisclosure notice. SAMHSA addressing breast density reporting to status under 5 U.S.C. 801 is does not believe the additional patients and health care providers. undetermined.

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E.O. 13771 Designation: Deregulatory. burdensome process when seeking nonprescription drug product that Legal Authority: 21 U.S.C. 513; 21 premarket clearance. This could would have additional requirements U.S.C. 701 potentially delay getting new medical that could be met by consumers to CFR Citation: 21 CFR 860. devices to the market and to patients. obtain the drug without a prescription. Legal Deadline: None. Timetable: The proposed rule outlines a framework Abstract: De novo classification for the use of innovative approaches to decreases regulatory burdens because Action Date FR Cite assist consumers with nonprescription manufacturers can use a less drug product self-selection or use. This NPRM ...... 05/00/18 burdensome application pathway under pathway should lead to approval of a the FD&C Act to market their devices. wider range of nonprescription drug Regulatory Flexibility Analysis The proposed rule would establish products. procedures and criteria for the de novo Required: No. Small Entities Affected: No. Summary of Legal Basis: FDA’s process and would make it more proposed revisions to the regulations transparent and predictable for Government Levels Affected: None. Agency Contact: Jean M. Olson, regarding labeling and applications for manufacturers. nonprescription drug products labeling Statement of Need: FDA is taking this Regulatory Counsel, Department of are authorized by the FD&C Act (21 action to implement amendments to the Health and Human Services, Food and U.S.C. 321 et seq.) and by the Public De Novo classification process in the Drug Administration, Health and Health Service Act (42 U.S.C. 262 and FD&C Act that were enacted by the Food Human Services, 10903 New Hampshire 264). and Drug Administration Modernization Avenue, Building 66, Room 5508, Silver Alternatives: FDA evaluated various Act of 1997 (FDAMA), and the Food and Spring, MD 20993, Phone: 301 796– requirements for new drug applications Drug Administration Safety and 6579. to assess flexibility of nonprescription Innovation Act of 2012 (FDASIA), and RIN: 0910–AH53 drug product design through drug the 21st Century Cures Act of 2016 labeling for appropriate self-selection (Cures). and appropriate use. Summary of Legal Basis: The FD&C HHS—FDA Act (21 U.S.C. 301 et seq.), as amended, Anticipated Cost and Benefits: The • establishes a comprehensive system for 31. Requirement for Access or Safe benefits of the proposed rule would the regulation of medical devices use of Certain Nonprescription Drug include increased consumer access to intended for human use. Section 513 of Products drug products which could translate to the FD&C Act established three Priority: Economically Significant. a reduction in under treatment of categories (classes) of medical devices Major status under 5 U.S.C. 801 is certain diseases and conditions. Benefits based on the regulatory controls undetermined. to industry would arise from the sufficient to provide reasonable Unfunded Mandates: Undetermined. flexibility in drug product approval. The assurance of safety and effectiveness of E.O. 13771 Designation: Deregulatory. proposed rule would impose costs the device. In 1997, Congress enacted Legal Authority: 21 U.S.C. 321; 21 arising from the development of an section 513()(2) to include a De Novo U.S.C. 352; 21 U.S.C. 355; 21 U.S.C. 371; innovative approach to assist consumers classification process for some devices 42 U.S.C. 262; 42 U.S.C. 264; . . . with nonprescription drug product self- for which reasonable assurance of safety CFR Citation: 21 CFR 314.56; 21 CFR selection or use. and effectiveness could be established 201.67. Risks: None. through the De Novo process. FDASIA Legal Deadline: None. Timetable: and cures expanded and modified this Abstract: The proposed rule is process. intended to increase access to a wider Action Date FR Cite variety of nonprescription drug Alternatives: The De Novo NPRM ...... 08/00/18 classification process is based on products. Under the proposed rule, an applicant could submit an application authority from the FD&C Act. The De Regulatory Flexibility Analysis to FDA for approval of a Novo classification program must Required: No. nonprescription drug product with a continue because it is required by Small Entities Affected: Businesses. requirement that ensures consumers’ statute. If the proposed rule is not Government Levels Affected: None. finalized, then procedures and details appropriate self-selection, appropriate actual use, or both in order to obtain the Agency Contact: Chris Wheeler, about the application process and Supervisory Project Manager, handling of De Novo applications might drug without a prescription. Statement of Need: Nonprescription Department of Health and Human be unclear to potential applicants, and Services, Food and Drug the program may not be as efficient as products have traditionally been limited to drugs that can be labeled with Administration, 10903 New Hampshire it might be. Avenue, Building 51, Room 3330, Silver Anticipated Cost and Benefits: By information for consumers to safely and Spring, MD 20993, Phone: 301 796– classifying the requirements for the De appropriately self-select and use the 0151, Email: [email protected]. Novo classification process. FDA drug product without supervision of a RIN: 0910–AH62 expects that the rule would reduce the health care provider. There are certain time and costs associated with prescription medications that may have preparing and reviewing De Novo comparable risk-benefit profiles to over- requests, and would generate net the-counter medications in selected HHS—FDA benefits in the form of cost savings for populations. However, appropriate • consumer selection and use may be 32. Medication Guides; Patient both private and government sectors. Medication Information Risks: If the proposed rule is not difficult to achieve in the finalized, then some aspects of the De nonprescription setting based solely on Priority: Economically Significant. novo classification process may not be information that may be included in Major status under 5 U.S.C. 801 is clear, and potential applicants may miss labeling. FDA is proposing regulations undetermined. the opportunity for using this less that would allow for approval of a E.O. 13771 Designation: Regulatory.

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Legal Authority: 21 U.S.C 321 et seq.; stems from an increase in medication reports are one type of premarket 42 U.S.C. 262; 42 U.S.C. 264; 21 U.S.C. adherence due to patients having more submission that manufacturers of new 371 complete and understandable tobacco products may use to obtain CFR Citation: 21 CFR 208; 21 CFR information about their prescription marketing authorization for a new 606.123 (new); 21 CFR 310.501 and drug products. The proposed rule would tobacco product. This regulation is 310.515 (removal); 21 CFR 201.57 impose costs that stem from developing necessary to provide information to (a)(18) (revision); 21 CFR 201.809(f)(2) and approving Patient Medication manufacturers to aid them in preparing (revision); 21 CFR 314.70(b)(2)(v)(B) Information. and submitting substantial equivalence (revision); 21 CFR 610.60(a)(7) Risks: The current system does not reports. (removal); . . . consistently provide patients with Summary of Legal Basis: Section Legal Deadline: None. useful written information to help them 905(j) of the FD&C Act, as amended by Abstract: The proposed rule would use their prescription drug products the Tobacco Control Act, provides for amend FDA medication guide safely and effectively. The proposed the submission of substantial regulations to require a new form of rule would require FDA- approved equivalence reports and authorizes FDA patient labeling, Patient Medication Patient Medication Information for to prescribe the form and manner of Information, for submission to and certain prescription drug products used, these reports. Section 910 of the FD&C review by the FDA for human dispensed, or administered on an Act mandates the premarket review of prescription drug products used, outpatient basis. new tobacco products, establishes dispensed, or administered on an Timetable: definitions of substantial equivalence outpatient basis. The proposed rule and characteristics, and requires health would include requirements for Patient Action Date FR Cite information as part of a submission Medication Information development, under section 905(j) of the FD&C Act. consumer testing, and distribution. The NPRM ...... 05/ 00/ Section 909 establishes record and proposed rule would require clear and 0;18 report requirements for tobacco concise written prescription drug products. Sections 701 and 704 of the product information presented in a Regulatory Flexibility Analysis FD&C Act authorize the promulgation of consistent and easily understood format Required: Yes. regulations to implement the FD&C Act to help patients use their prescription Small Entities Affected: Businesses. and inspections. drug products safely and effectively. Government Levels Affected: None. Alternatives: In addition to the Statement of Need: Patients may Agency Contact: Chris Wheeler, benefits and costs of the proposed rule, currently receive one or more types of Supervisory Project Manager, FDA assessed the benefits and costs of written patient information regarding Department of Health and Human several alternatives to the proposed rule: prescription drug products. Research Services, Food and Drug (1) Extending the effective date of the has shown that frequently the Administration, 10903 New Hampshire rule, (2) allowing for more deficiency information received is duplicative, Avenue, Building 51, Room 3330, Silver letters and review cycles, and (3) incomplete, conflicting, or difficult to Spring, MD 20993, Phone: 301 796– allowing for only one review cycle. read and understand and such 0151, Email: [email protected]. Anticipated Cost and Benefits: The information is not sufficient to meet the RIN: 0910–AH68 costs of the rule are compliance costs on needs of patients. Patient Medication affected entities, e.g., to read and Information is a new type of one-page understand the rule, to revise internal Medication Guide that FDA is proposing HHS—FDA procedures, and fill out a form for substantial equivalence reports. The to require for certain prescription drug • products. Patient Medication 33. Format and Content of Reports quantified benefits of the proposed rule Information is intended to improve Intended To Demonstrate Substantial are cost-savings resulting from shorter public health by providing clear, Equivalence FDA review times and fewer staff to concise, accessible, and useful written Priority: Other Significant. Major review substantial equivalence reports. prescription drug product information, status under 5 U.S.C. 801 is The cost savings to the government is delivered in a consistent and easily undetermined. expected to be larger than the understood format, to help patients use Unfunded Mandates: Undetermined. compliance cost for industry and the net prescription drug products safely and E.O. 13771 Designation: Other. result is an overall net positive benefit effectively and potentially reduce Legal Authority: 21 U.S.C. 371; 21 from this proposed rule. The qualitative adverse drug reactions due to incorrect U.S.C. 374; 21 U.S.C. 387; 42 U.S.C. benefits of the rule include additional use and improve health outcomes. 4332 clarity to industry about the Summary of Legal Basis: FDA’s CFR Citation: 21 CFR 1107. requirements for the content and format proposed revisions to the regulations Legal Deadline: None. of substantial equivalence reports, as regarding format and content Abstract: This proposed rule would well as the establishment of procedures requirements for prescription drug establish the format and content of for substantial equivalence report labeling are authorized by the FD&C Act reports intended to demonstrate review and communication with (21 U.S.C. 321 et seq.) and by the Public substantial equivalence (SE) in tobacco applicants. These changes make the Health Service Act (42 U.S.C. 262 and products and would provide substantial equivalence marketing 264). information as to how the Agency will pathway clearer for both FDA and Alternatives: FDA evaluated review and act on these submissions. applicants. providing additional guidance to Statement of Need: The Federal Food, Risks: Premarket submissions for new entities that supply patients information Drug, and Cosmetic Act (FD&C Act), as tobacco products are required by the about prescription drugs and various amended by the Family Smoking FD&C Act. But to prepare premarket formats for patient medication Prevention and Tobacco Control Act submissions such as substantial information. (Tobacco Control Act), requires equivalence reports intended to meet Anticipated Cost and Benefits: The premarket submissions for new tobacco those requirements, manufacturers need monetary benefit of the proposed rule products. Substantial equivalence more information about content and

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format requirements. This rule provides Anticipated Cost and Benefits: This Summary of Legal Basis: This rule more information on content and format proposed rule will not have economic would implement provisions of the requirements and describes possible impacts of $100 million or more in any National Vaccine Injury Compensation FDA actions on the substantial 1 year, and, therefore, has not been Program (the Program), as required by equivalence report. designated an economically significant the Public Health Service (PHS) Act, as Timetable: rule under section 3(f)(1) of Executive amended. Order 12866. This proposed rule Alternatives: None. This rule Action Date FR Cite proposes to modify current policy implements statutory requirements. regarding calculation of the 340B ceiling Anticipated Cost and Benefits: An NPRM ...... 01/00/18 price. estimate of costs of this regulation is not available at this time. There are no Regulatory Flexibility Analysis Risks: None. Timetable: anticipated costs to this regulation. Required: No. Risks: This category of vaccines must Government Levels Affected: None. Agency Contact: Annette L. Marthaler, Action Date FR Cite be added to the Table for such injury claims to be eligible for adjudication Regulatory Counsel, Department of NPRM ...... 12/00/17 Health and Human Services, Food and through the Vaccine Injury Drug Administration, Center for Compensation Program. Regulatory Flexibility Analysis Timetable: Tobacco Products, Document Control Required: No. Center, Building 71, Room G335, 10903 Government Levels Affected: Action Date FR Cite New Hampshire Avenue, Silver Spring, Undetermined. MD 20993, Phone: 877 287–1373, Fax: Federalism: Undetermined. NPRM ...... 09/00/18 877 287–1426, Email: ctpregulations@ Agency Contact: CAPT Krista Pedley, fda.hhs.gov. Department of Health and Human Regulatory Flexibility Analysis RIN: 0910–AH89 Services, Health Resources and Services Required: No. Administration, Health Services and Small Entities Affected: No. Resources Administration, 5600 Fishers Government Levels Affected: Lane, 10C–03, Rockville, MD 20857, Undetermined. HHS—HEALTH RESOURCES AND Agency Contact: Tamara Overby, SERVICES ADMINISTRATION (HRSA) Phone: 301 443–5294, Email: [email protected]. Deputy Director, Division of Injury Proposed Rule Stage Related RIN: Related to 0906–AA89 Compensation Programs, Department of • RIN: 0906–AB12 Health and Human Services, Health 34. 340B Drug Pricing Program Resources and Services Administration, Ceiling Price and Manufacturer Civil 5600 Fishers Lane, 08N142, Rockville, Monetary Penalties Regulation MD 20857, Phone: 301 443–3766, Email: Priority: Other Significant. Major HHS—HRSA [email protected]. status under 5 U.S.C. 801 is 35. • National Vaccine Injury RIN: 0906–AB14 undetermined. Compensation Program: Revisions to E.O. 13771 Designation: Fully or the Vaccine Injury Table Partially Exempt. Legal Authority: Pub. L. 102–585: Priority: Other Significant. Major HHS—CENTERS FOR MEDICARE & Veterans HealthCare Act of 1992 status under 5 U.S.C. 801 is MEDICAID SERVICES (CMS) CFR Citation: 42 CFR 10. undetermined. Proposed Rule Stage Legal Deadline: None. E.O. 13771 Designation: Fully or Abstract: This proposed rule would Partially Exempt. 36. Policy and Technical Changes to the amend the definition of ‘knowingly and Legal Authority: 21st Century Cures Medicare Advantage and the Medicare intentionally’ at section 10.3 and amend Act; FR 114–255 Prescription Drug Benefit Programs for section 10.10(b) regarding 340B ceiling CFR Citation: 42 CFR 100. Contract Year 2019 (CMS–4182–P) price. The sections being amended were Legal Deadline: None. Priority: Economically Significant. included in a final rule that published Abstract: This proposed rule would Major under 5 U.S.C. 801. on January 5, 2017 (82 FR 1210; RIN revise the Vaccine Injury Table to E.O. 13771 Designation: Deregulatory. 0906–AA89). The January 5, 2017, final include vaccines recommended by the Legal Authority: Pub. L. 114–198, sec. rule set forth the calculation of the Centers for Disease Control and 702; Pub. L. 114–255, secs. 17005 & ceiling price and application of civil Prevention for routine administration in 17006; 42 U.S.C. 1302; 42 U.S.C. 1395hh monetary penalties. pregnant women. The addition of this CFR Citation: 42 CFR 417; 42 CFR Statement of Need: This statutorily category of vaccines to the Vaccine 422; 42 CFR 423; 42 CFR 483; . . . required rule defines the standards and Injury Table is necessary to allow Legal Deadline: None. methodology for the calculation of related injury claims to be eligible for Abstract: This proposed rule would ceiling prices within the 340B Program adjudication through the Vaccine Injury set forth programmatic and operational and imposes civil monetary penalties on Compensation Program. changes to the Medicare Advantage drug manufacturers who knowingly and Statement of Need: This statutorily (MA) and prescription drug benefit intentionally charge a covered entity a required regulation revises the Vaccine programs for contract year 2019. price above the 340B ceiling price. Injury Table to include vaccines Statement of Need: This rule is Summary of Legal Basis: This rule recommended by the Centers for Disease necessary to make revisions to the MA would implement provisions of section Control and Prevention for routine program (Part C) and Prescription Drug 340B of the Public Health Service Act administration in pregnant women. This Benefit Program (Part D), and other (PHSA), referred to as the 340B Drug category of vaccines must be added to changes to the regulations based on our Pricing Program or the 340B Program. the Table for such injury claims to be continued experience in the Alternatives: None. This rule eligible for adjudication through the administration of the Part C and Part D implements statutory requirements. Vaccine Injury Compensation Program. programs.

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Summary of Legal Basis: This rule Legal Authority: 42 U.S.C. 263a, 273, Risks: Our estimates of the effects of addresses multiple sections of the Social 1302, 1320a–7, 1320b–8,1395, this regulation are subject to significant Security Act (including secs. 1102 and 1395eee(f),1395hh, 1395i, 1395rr, 1396r, uncertainty. While we are confident that 1871) and the Public Health Service Act. 1396u–4(f)); 42 U.S.C. 273; 42 U.S.C. these reforms will provide flexibilities It also implements section 704 of the 1302; 42 U.S.C. 1320a–7; 42 U.S.C. to facilities that will yield major cost Comprehensive Addiction and Recovery 1320b–8; 42 U.S.C. 1395; 42 U.S.C. savings, there are uncertainties about Act (CARA) and sections 17005 and 1395eee(f); 42 U.S.C. 1395hh; 42 U.S.C. the magnitude of these effects. 17006 of the 21 st Century Cures Act. 1395i; 42 U.S.C. 1395rr; 42 U.S.C. 1396r; Timetable: Alternatives: This rule proposes 42 U.S.C. 1396u–4(r) approaches to improve the quality, CFR Citation: 42 CFR 403; 42 CFR Action Date FR Cite accessibility and affordability of the 405; 42 CFR 416; 42 CFR 418; . . . NPRM ...... 02/00/18 Medicare Part C and Part D programs Legal Deadline: None. Abstract: This proposed rule would and to improve the CMS customer Regulatory Flexibility Analysis experience. The Agency will consider reform Medicare regulations that CMS has identified as unnecessary, obsolete, Required: Yes. options that support these Small Entities Affected: Businesses, improvements. or excessively burdensome on healthcare providers and suppliers. This Organizations. Anticipated Cost and Benefits: The Government Levels Affected: None. rule includes changes that support rule would increase the ability of healthcare professionals to devote Agency Contact: Alpha-Banu Huq, innovative approaches by Medicare resources to improving patient care by Health Insurance Specialist, Department Advantage (MA) organizations and Part eliminating or reducing requirements of Health and Human Services, Centers D sponsors in administering the benefit that impede quality patient care or that for Medicare & Medicaid Services, and that prevent improper provision of divert resources away from providing Center for Clinical Standards and services, implementing changes in line high quality patient care. Quality, MS: S3–02–01, 7500 Security with the Comprehensive Addiction and Statement of Need: CMS is committed Boulevard, Baltimore, MD 21244, Recovery Act of 2016 and the 21st to transforming the healthcare delivery Phone: 410 786–8687, Email: alpha- Century Cures Act. We believe the system, and the Medicare program, by [email protected]. proposed changes will result in a putting an additional focus on patient- RIN: 0938–AT23 reduction of burden to MA centered care and working with Organizations and Part D Sponsors and providers, physicians, and patients to generate program savings. As we move improve outcomes. We seek to reduce toward publication, estimates of the cost HHS—CMS burdens for hospitals, physicians, and and benefits of these provisions will be • patients, improve the quality of care, 38. Hospital Inpatient Prospective included in the rule. decrease costs, and ensure that patients Payment System for Acute Care Risks: If this regulation is not and their providers and physicians are Hospitals and the Long-Term Care published timely, changes will not be in making the best healthcare choices Hospital Prospective Payment System place for contract year 2019. possible. and FY 2019 Rates (CMS–1694–P) Timetable: We are therefore proposing changes to (Section 610 Review) the current Conditions of Participation Priority: Economically Significant. Action Date FR Cite (CoPs) or Conditions for Coverage (CfCs) Major under 5 U.S.C. 801. NPRM ...... 11/00/17 that would simplify and streamline the Unfunded Mandates: Undetermined. current regulations and thereby increase E.O. 13771 Designation: Deregulatory. Regulatory Flexibility Analysis provider flexibility and reduce Legal Authority: 42 U.S.C. 1302; 42 Required: No. excessively burdensome regulations, U.S.C. 1395hh Small Entities Affected: Businesses, while also allowing providers to focus CFR Citation: 42 CFR 412; 42 CFR Governmental Jurisdictions, on providing high-quality healthcare to 413. Legal Deadline: NPRM, Statutory, Organizations. their patients. April 1, 2018. Final, Statutory, August Government Levels Affected: Federal. Summary of Legal Basis: Sections 1102 and 1871 of the Social Security 1, 2018. Agency Contact: Christian Bauer, Abstract: This annual proposed rule Director, Division of Part D Policy, Act (42 U.S.C. 1302 and 1395hh). Alternatives: From within the entire would revise the Medicare hospital Department of Health and Human body of CoPs and CfCs, the most viable inpatient and long-term care hospital Services, Centers for Medicare & candidates for reform were those prospective payment systems for Medicaid Services, Center for Medicare, identified by stakeholders, by recent operating and capital-related costs. This MS: C1–26–16, 7500 Security research, or by experts as unusually proposed rule would implement Boulevard, Baltimore, MD 21244, burdensome if not changed. This subset changes arising from our continuing Phone: 410 786–6043, Email: of the universe of standards is the focus experience with these systems. [email protected]. of this proposed rule. For all of the Statement of Need: CMS annually RIN: 0938–AT08 proposed provisions, we considered not revises the Medicare hospital inpatient making these changes or changing them prospective payment systems (IPPS) for in other manners. operating and capital-related costs to HHS—CMS Anticipated Cost and Benefits: This implement changes arising from our rule would create ongoing cost savings continuing experience with these 37. • Regulatory Provisions To Promote to providers and suppliers in many systems. In addition, we describe the Program Efficiency, Transparency, and areas and significant additional health proposed changes to the amounts and Burden Reduction (CMS–3346–P) benefits. Other changes we have factors used to determine the rates for Priority: Economically Significant. proposed would clarify existing policy Medicare hospital inpatient services for Major under 5 U.S.C. 801. and relieve some administrative operating costs and capital-related costs. E.O. 13771 Designation: Deregulatory. burdens. Also, CMS annually updates the

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payment rates for the Medicare HHS—CMS burden reducing for facilities. prospective payment system (PPS) for 39. • Requirements for Long-Term Care Ultimately, we believe that the proposed inpatient hospital services provided by Facilities: Regulatory Provisions To revisions will be burden reducing and long-term care hospitals (LTCHs). The Promote Program Efficiency, do not impede on the health and safety rule solicits comments on the proposed Transparency, and Burden Reduction of residents. Anticipated Cost and Benefits: This IPPS and LTCH payment rates and new (CMS–3347–P) policies. CMS will issue a final rule proposed rule would create ongoing cost Priority: Other Significant. Major containing the payment rates for the FY savings to long-term care facilities in status under 5 U.S.C. 801 is 2019 IPPS and LTCHs at least 60 days many areas. In addition, various undetermined. before October 1, 2018. proposals would clarify existing policy Unfunded Mandates: Undetermined. and relieve some administrative Summary of Legal Basis: The Social E.O. 13771 Designation: Deregulatory. burdens. Security Act (the Act) sets forth a Legal Authority: Sec. 1819 and 1919 Risks: Our estimates of the effects of system of payment for the operating of the Social Security Act; sec. this regulation are subject to significant costs of acute care hospital inpatient 1819(d)(4)(B) and 1919(d)(4)(B) of the uncertainty. While we are confident that stays under Medicare Part A (Hospital Social Security Act; sec. 1819(b)(1)(A) these reforms would provide Insurance) based on prospectively set and 1919(b)(1)(A) of the Social Security flexibilities to facilities that will yield rates. The Act requires the Secretary to Act major cost savings, there are pay for the capital-related costs of CFR Citation: 42 CFR 483; 42 CFR uncertainties about the magnitude of hospital inpatient and Long Term Care 488. these effects. stays under a PPS. Under these systems, Legal Deadline: None. Timetable: Abstract: This proposed rule would Medicare payment for hospital inpatient reform the requirements that long-term and Long Term Care operating and Action Date FR Cite care facilities must meet to participate capital-related costs is made at in the Medicare and Medicaid programs, NPRM ...... 06/00/18 predetermined, specific rates for each that CMS has identified as unnecessary, hospital discharge. These changes obsolete, or excessively burdensome on Regulatory Flexibility Analysis would be applicable to services facilities. This rule would increase the Required: No. furnished on or after October 1, 2018. ability of healthcare professionals to Small Entities Affected: No. Alternatives: This proposed rule will devote resources to improving resident Government Levels Affected: Federal. provide descriptions of the statutory care by eliminating or reducing Agency Contact: Ronisha Blackstone, provisions that are addressed, identify requirements that impede quality care Health Insurance Specialist, Department the proposed policies, and present or that divert resources away from of Health and Human Services, Centers rationales for our decisions and providing high quality care. for Medicare & Medicaid Services, alternatives that were considered. Statement of Need: CMS is committed Center for Clinical Standards and to transforming the healthcare delivery Quality, MS: S3–02–01, 7500 Security Anticipated Cost and Benefits: Total system, and the Medicare program, by Boulevard, Baltimore, MD 21244, expenditures will be adjusted for FY putting an additional focus on patient- Phone: 410 786–6882, Email: 2019; however, at this time, the impact centered care and working with [email protected]. is expected to affect transfers only and providers, physicians, and patients to RIN: 0938–AT36 not contain costs/benefits outside of improve outcomes. We seek to reduce Medicare spending. burdens for long-term care facilities; Risks: If this regulation is not healthcare professionals and residents; HHS—CMS published timely, inpatient hospital and improve the quality of care; decrease • LTCH services will not be paid costs; and, ensure that residents and 40. Medicaid and CHIP Managed Care appropriately beginning October 1, their providers are making the best (CMS–2408–P) 2018. healthcare choices possible. Priority: Economically Significant. Timetable: We are therefore proposing revisions Major under 5 U.S.C. 801. to the requirements that long-term care Unfunded Mandates: Undetermined. Action Date FR Cite facilities must meet to participate in the E.O. 13771 Designation: Deregulatory. Medicare and Medicaid programs that Legal Authority: 42 U.S.C. 1302 NPRM ...... 04/00/18 would increase the ability of healthcare CFR Citation: 42 CFR 430; 42 CFR professionals to devote resources to 431; 42 CFR 438. Legal Deadline: None. Regulatory Flexibility Analysis improving resident care by eliminating Abstract: This proposed rule would Required: Yes. or reducing requirements that impede quality care or that divert resources streamline the regulatory framework Small Entities Affected: Businesses. away from providing high quality care. and provide burden reductions to Government Levels Affected: Federal. Summary of Legal Basis: This ensure state Medicaid agencies are able to work effectively with CMS to design, Agency Contact: Donald Thompson, proposed rule is in accordance with the January 30, 2017 Executive Order develop, and deploy managed care Deputy Director, Division of Acute Care, Reducing Regulation and Controlling programs that meet the state Department of Health and Human Regulatory Costs (E.O. 13771). population’s needs. Services, Centers for Medicare & Alternatives: For all of the proposed Statement of Need: This proposed Medicaid Services, Center for Medicare, provisions, we considered not making rule would advance CMS’ efforts to MS: C4–08–06, 7500 Security these changes. Specifically, we streamline Medicaid and CHIP managed Boulevard, Baltimore, MD 21244, considered the impact that any revisions care and reflects a broader strategy to Phone: 410 786–6504, Email: would have on the health and safety of relieve regulatory burdens; support state [email protected]. residents in long-term care facilities and flexibility and local leadership; RIN: 0938–AT27 if such revisions would realistically be empower the patient-doctor relationship

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in health care; and promote Legal Deadline: None. CFR Citation: 45 CFR 1302. transparency, flexibility, and innovation Abstract: This advanced notice of Legal Deadline: None. in the delivery of care. proposed rulemaking seeks public Abstract: This rule would address the Summary of Legal Basis: Section 1102 suggestions in particular from state and requirement in the Head Start Program of the Social Security Act (42 U.S.C. tribal title IV–E agencies and Indian Performance Standards (HSPPS) that 1302). tribes, tribal organizations and increases service duration for all Head Alternatives: The HHS letter to the consortiums, for streamlining the Start center-based programs to a nation’s governors on March 14, 2017, Adoption and Foster Care Analysis and minimum of 1,020 hours. committed to a review of the managed Reporting System (AFCARS) data Statement of Need: The Head Start care regulations in order to prioritize elements and removing any undue Program Performance Standards beneficiary outcomes and State burden related to reporting AFCARS. (HSPPS) regulation includes two priorities. We are reviewing the Statement of Need: The reporting requirements that increase service managed care regulations in accordance requirements for the Adoption and duration for all Head Start center-based with this commitment and Foster Care Analysis and Reporting programs. The first requirement, recommending appropriate rulemaking. System (AFCARS) have doubled in the effective on August 1, 2019, requires Anticipated Cost and Benefits: This past year. In an effort to ensure that an center-based programs to operate 50 proposed rule is intended to streamline appropriate balance is achieved between percent of their slots for 1,020 annual the federal requirements for Medicaid reporting burden and administering hours. The second requirement, and CHIP managed care. We anticipate high-quality programs that provide effective August 1, 2021, requires that these changes will likely be services to children and families. By center-based programs to operate 100 economically significant. engaging in this rulemaking process, the percent of their slots for 1,020 annual Risks: The current revisions of the public and stakeholders will be afforded hours. Each requirement will go into regulations are intended to ensure that an opportunity to provide input on what effect unless the Secretary acts to lower the regulatory framework is efficient data collections are most useful to the each percentage 18 months prior to its and feasible for States to implement in administration of child welfare respective effective date. The Secretary, a cost effective manner and address the programs. through the HSPPS regulation, has the risks identified in previous rulemaking. Summary of Legal Basis: Section 479 authority to lower the 50 percent This would ensure that States operating of the Social Security Act requires HHS requirement through a public notice. State Medicaid and CHIP managed care regulate a national data collection Elimination of the 1,020 annual hour programs can implement program and system which provides comprehensive requirements allows maximum fiscal integrities without undue information on adopted and foster flexibility for Head Start grantees. administrative burdens. children and their parents. Programs could choose to operate for Timetable: Alternatives: None. This rule longer than the 448-hour minimum implements statutory requirements. based on demonstrated need in their Action Date FR Cite Anticipated Cost and Benefits: An communities, but it would not be a estimate of costs to states to modify requirement. The Head Start Act allows NPRM ...... 08/00/18 their existing data systems is not programs to convert part-day slot to full- available at this time. day or full-working-day slots. Regulatory Flexibility Analysis Risks: None. Summary of Legal Basis: HHS Required: No. Timetable: believes that the Secretary could not yet Small Entities Affected: Businesses, make a defensible determination to Governmental Jurisdictions, Action Date FR Cite reduce the second requirement of 100 Organizations. percent, based on an assessment of the ANPRM ...... 10/00/18 Government Levels Affected: Federal, availability of sufficient funding to Local, State, Tribal. Regulatory Flexibility Analysis mitigate a substantial reduction in Agency Contact: James Golden, Required: No. funded enrollment, because the effective Director, Division of Managed Care Small Entities Affected: No. date of the 100 percent requirement is Plans, Department of Health and Human Government Levels Affected: None. several budget cycles away. With Services, Centers for Medicare & Agency Contact: Kathleen McHugh, several years before the 100 percent Medicaid Services, Center for Medicaid ACYF/Children’s Bureau, Department of requirement would go into effect, there and CHIP Services, MS: S2–14–26, 7500 Health and Human Services, is sufficient time to complete the Security Boulevard, Baltimore, MD Administration for Children and regulatory notice and comment process 21244, Phone: 410 786–7111, Email: Families, Washington, DC 20013, and to issue a final rule eliminating [email protected]. Phone: 202 401–5789, Email: kmchugh@ these duration requirements. RIN: 0938–AT40 acf.dhhs.gov. Alternatives: None. The service RIN: 0970–AC72 duration requirements were codified in regulation and in order to remove the HHS—ADMINISTRATION FOR 100 percent requirement a regulation CHILDREN AND FAMILIES (ACF) must be issued. HHS—ACF Anticipated Cost and Benefits: The Prerule Stage Proposed Rule Stage estimated cost of the 100 percent Head Start center-based duration requirement 41. • Adoption and Foster Care • 42. Head Start Service Duration (effective August 1, 2021) is Analysis and Reporting System Requirements approximately $1.2 billion. Priority: Other Significant. Priority: Economically Significant. Risks: Without additional funding, E.O. 13771 Designation: Deregulatory. Major under 5 U.S.C. 801. this requirement would likely result in Legal Authority: Sections 474(f), 479 E.O. 13771 Designation: Deregulatory. a loss of between 130,000 and 140,000 and 1102 of the Social Security Act Legal Authority: Section 641A of the Head Start slots. CFR Citation: 45 CFR 1355. Head Start Act Timetable:

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Action Date FR Cite The regulations we have summarized Finally, the Department values public below in the Department’s fall 2017 involvement in the development of its NPRM ...... 08/00/18 regulatory plan and agenda support the regulatory plan, agenda, and Department’s responsibility areas. These regulations, and takes particular Regulatory Flexibility Analysis regulations will improve the concern with the impact its regulations Required: No. Department’s ability to accomplish its have on small businesses. DHS and its Government Levels Affected: None. mission. Also, the regulations we have components continue to emphasize the Agency Contact: Colleen Rathgeb, identified in this year’s regulatory plan use of plain language in our regulatory Division Director, Department of Health continue to address legislative documents to promote a better and Human Services, Administration for initiatives such as the Implementing understanding of regulations and to Children and Families, 330 C Street SW, Recommendations of the 9/11 promote increased public participation Washington, DC 20447, Phone: 202 358– Commission Act of 2007 (9/11 Act), in the Department’s regulations. 3263, Email: collen.rathgeb@ Public Law 110–53 (Aug. 3, 2007). The fall 2017 regulatory plan for DHS acf.hhs.gov. DHS strives for organizational includes regulations from several DHS components, including U.S. Citizenship RIN: 0970–AC73 excellence and uses a centralized and unified approach in managing its and Immigration Services (USCIS), the BILLING CODE 4150–03–P regulatory resources. The Office of the U.S. Coast Guard (Coast Guard), U.S. General Counsel manages the Customs and Border Protection (CBP), Department’s regulatory program, the U.S. Immigration and Customs DEPARTMENT OF HOMELAND including the agenda and regulatory Enforcement (ICE), the Federal SECURITY (DHS) plan. In addition, DHS senior leadership Emergency Management Agency reviews each significant regulatory (FEMA), and the Transportation Fall 2017 Statement of Regulatory project to ensure that the project fosters Security Administration (TSA). Below is Priorities and supports the Department’s mission. a discussion of the regulations that The Department of Homeland The Department is committed to comprise the DHS fall 2017 regulatory Security (DHS or Department) was ensuring that all of its regulatory plan. created in 2003 pursuant to the initiatives are aligned with its guiding United States Citizenship and Homeland Security Act of 2002, Public principles to protect civil rights and Immigration Services Law 107–296. The DHS mission civil liberties, integrate our actions, U.S. Citizenship and Immigration statement provides the following: ‘‘With build coalitions and partnerships, Services (USCIS) is the government honor and integrity, we will safeguard develop human resources, innovate, and agency that oversees lawful immigration the American people, our homeland, be accountable to the American public. to the United States. USCIS’s role is to and our values.’’ Executive Order 13771 Requirements efficiently adjudicate and manage Fulfilling this mission requires the In fiscal year 2018, DHS plans to petitions, applications, and requests for dedication of more than 225,000 immigration benefits for foreign employees in jobs that range from finalize the following actions: • 0 Executive Order 13771 regulatory nationals seeking lawful immigration aviation and border security to status in the United States and for emergency response, from cybersecurity actions; • 15 Executive Order 13771 individuals seeking to become citizens analyst to chemical facility inspector. deregulatory actions (including of the United States, and other matters Our duties are wide-ranging, but our information collections); within the jurisdiction of the agency, in goal is clear—keeping America safe. • 5 Executive Order 13771-exempt a manner that detects, deters, and Leading a unified national effort, DHS regulations; and prevents fraud, protects the jobs and has five core missions: (1) Prevent • 9 regulations for which we are working conditions of American terrorism and enhance security, (2) unsure of their Executive Order 13771 workers as appropriate, and ensures the secure and manage our borders, (3) designation. (Note: These are national security, public safety, and enforce and administer our immigration regulations that we designated as welfare of the American people. In the laws, (4) safeguard and secure ‘‘other’’ in the newly-created Executive coming year, USCIS will promulgate cyberspace, and (5) ensure resilience to Order 13771 designation data field in several regulatory and deregulatory disasters. In addition, we must the Unified Agenda entries). actions to directly support these specifically focus on maturing and We provide further information about commitments and goals. strengthening the homeland security these actions in the DHS Regulatory Rescission of International enterprise itself. Plan and Unified Agenda. Entrepreneur Rule. USCIS will propose In achieving these goals, we are DHS is also committed to the to rescind the final rule published in the continually strengthening our principles described in Executive Federal Register on January 17, 2017. partnerships with communities, first Orders 13563 and 12866 (as amended). The final rule established a program that responders, law enforcement, and Both Executive orders direct agencies to would allow for consideration of parole Government agencies—at the State, assess the costs and benefits of available into the United States, on case-by-case local, tribal, Federal, and international regulatory alternatives and, if regulation basis, of certain inventors, researchers, levels. We are accelerating the is necessary, to select regulatory and entrepreneurs who had established deployment of science, technology, and approaches that maximize net benefits a U.S. start-up entity, and who had been innovation in order to make America (including potential economic, awarded substantial U.S. investor more secure, and we are becoming environmental, public health and safety financing or otherwise hold the promise leaner, smarter, and more efficient, effects, distributive impacts, and of innovation and job creation through ensuring that every security resource is equity). Executive Order 13563 the development of new technologies or used as effectively as possible. For a emphasizes the importance of the pursuit of cutting edge research. further discussion of our mission, see quantifying both costs and benefits, of Removing H–4 Dependent Spouses the DHS website at http://www.dhs.gov/ reducing costs, of harmonizing rules, from the Class of Aliens Eligible for our-mission. and of promoting flexibility. Employment Authorization. USCIS will

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also propose to rescind the final rule United States Coast Guard raise the monetary property damage published in the Federal Register on The U.S. Coast Guard (Coast Guard) is threshold for reporting a marine February 25, 2015. The 2015 final rule a military, multi-mission, maritime casualty, and for reporting a type of amended DHS regulations by extending service of the United States and the only marine casualty called a ‘‘serious eligibility for employment authorization military organization within DHS. It is marine incident.’’ Currently, whether to certain H–4 dependent spouses of H– the principal Federal agency responsible and how a marine casualty must be 1B nonimmigrants who are seeking for the $4.5 trillion maritime reported to the Coast Guard depends in employment-based lawful permanent transportation system, including part on the dollar value of the property resident status. maritime safety, security, and damage resulting from the casualty. The dollar threshold amounts date to the H–1B Nonimmigrant Program and stewardship. The Coast Guard delivers 1980s and have not been updated to Petitioning Process Regulations. In order daily value to the nation through multi- keep pace with inflation; consequently, to improve U.S. worker protections as mission resources, authorities, and relatively minor casualties must be well as to address the requirements of capabilities. reported and may require mandatory Executive Order 13788, Buy American Effective governance in the maritime drug and alcohol testing. Updating the and Hire American, USCIS proposes to domain hinges upon an integrated thresholds would reduce a reporting issue regulations with the focus of approach to safety, security, and burden on vessel owner and operators, improving the H–1B nonimmigrant stewardship. The Coast Guard’s policies and reduce the Coast Guard resources program and petitioning process. Such and capabilities are integrated and expended to investigate minor initiatives include a proposed rule that interdependent, delivering results incidents. (Note: There is no associated would establish an electronic through a network of enduring Regulatory Plan entry for this rule, registration program for H–1B petitions partnerships with maritime because this rule is non-significant subject to annual numerical limitations stakeholders. Consistent standards of under Executive Order 12866. There is and would improve the H–1B numerical universal application and enforcement, limitation allocation process an entry, however, in the Unified which encourage safe, efficient, and Agenda.) (Registration Requirement for responsible maritime commerce, are Petitioners Seeking to File H–1B vital to the success of the maritime United States Customs and Border Petitions on Behalf of Aliens Subject to industry. The Coast Guard’s ability to Protection Numerical Limitations); and a proposed field versatile capabilities and highly- U.S. Customs and Border Protection rule that would revise the definition of trained personnel is one of the U.S. (CBP) is the Federal agency principally specialty occupation to increase focus Government’s most significant and responsible for the security of our on truly obtaining the best and brightest important strengths in the maritime Nation’s borders, both at and between foreign nationals via the H–1B program environment. the ports of entry and at official and would revise the definition of America is a maritime nation, and our crossings into the United States. CBP employment and employer-employee security, resilience, and economic must accomplish its border security and relationship to help better protect U.S. prosperity are intrinsically linked to the enforcement mission without stifling workers and wages. (Strengthening the oceans. Safety, efficient waterways, and the flow of legitimate trade and travel. H–1B Nonimmigrant Visa Classification freedom of transit on the high seas are The primary mission of CBP is its Program.) essential to our well-being. The Coast homeland security mission, that is, to Heightened Screening and Vetting of Guard is leaning forward, poised to prevent terrorists and terrorist weapons Immigration Programs Regulations. meet the demands of the modern from entering the United States. An USCIS will propose regulations guiding maritime environment. The Coast Guard important aspect of this priority mission the inadmissibility determination creates value for the public through involves improving security at our whether an alien is likely at any time to solid prevention and response efforts. borders and ports of entry, but it also become a public charge under section Activities involving oversight and means extending our zone of security 212(a)(4) of the Immigration and regulation, enforcement, maritime beyond our physical borders. Nationality Act. (Inadmissibility and presence, and public and private CBP is also responsible for Deportability on Public Charge partnership foster increased maritime administering laws concerning the Grounds.) safety, security, and stewardship. importation into the United States of Employment Creation Immigrant The statutory responsibilities of the goods, and enforcing the laws Regulations. USCIS will amend its Coast Guard include ensuring marine concerning the entry of persons into the regulations modernizing the safety and security, preserving maritime United States. This includes regulating employment-based, fifth preference mobility, protecting the marine and facilitating international trade; (EB–5) immigrant investor category environment, enforcing U.S. laws and collecting import duties; enforcing U.S. based on current economic realities and international treaties, and performing trade, immigration and other laws of the to reflect statutory changes made to the search and rescue. The Coast Guard United States at our borders; inspecting program. (EB–5 Immigrant Investor supports the Department’s overarching imports, overseeing the activities of Program Modernization). In addition, goals of mobilizing and organizing our persons and businesses engaged in USCIS will propose to update its Nation to secure the homeland from importing; enforcing the laws regulations for the EB–5 Immigrant terrorist attacks, natural disasters, and concerning smuggling and trafficking in Investor Regional Center Program to other emergencies. contraband; apprehending individuals better reflect realities for regional The Coast Guard does not have attempting to enter the United States centers and EB–5 immigrant investors, significant regulatory actions planned illegally; protecting our agriculture and to increase predictability and for the coming fiscal year; however, the economic interests from harmful pests transparency in the adjudication Coast Guard is highlighting the and diseases; servicing all people, process, to improve operational following Executive Order 13771 vehicles, and cargo entering the United efficiency, and to enhance program deregulatory action. States; maintaining export controls; and integrity. (EB–5 Immigrant Investor Marine Casualty Reporting Property protecting U.S. businesses from theft of Regional Center Program.) Damage Thresholds. This rule would their intellectual property.

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In carrying out its mission, CBP’s goal collect biometrics from certain aliens and CBP will bear information is to facilitate the processing of upon departure under pilot programs at technology costs as a result of this rule. legitimate trade and people efficiently land ports and at up to 15 airports and Both travelers and CBP, however, will without compromising security. seaports. To provide the legal enjoy opportunity cost savings as a Consistent with its primary mission of framework for DHS to begin a result of this rule, resulting in an overall homeland security, CBP intends to issue comprehensive biometric entry-exit net savings. In addition, the public will several regulations during the next fiscal system, DHS intends to issue an interim benefit from improved security. year that are intended to improve final rule in the next fiscal year to Modernization of the Customs Brokers security at our borders and ports of amend the regulations to remove the Regulations. CBP will issue a proposed entry. During the upcoming year, CBP references to pilot programs and the rule to amend the requirements for will also be working on various projects port limitation. In addition, to facilitate customs brokers. Specifically, CBP will to streamline CBP processing, reduce the implementation of a seamless propose to simplify the broker duplicative processes, reduce various biometric entry-exit system that uses permitting framework by eliminating burdens on the public, and automate facial recognition, this rule would also district permits and the corresponding various paper forms. Below are provide that all travelers may be district permit requirements. descriptions of CBP’s planned actions required to provide photographs upon Additionally, CBP will propose to for fiscal year 2018. entry or departure. update the responsible supervision and Air Cargo Advance Screening (ACAS). In addition to the regulations that CBP control oversight framework to better To address ongoing aviation security issues to promote DHS’s mission, CBP reflect the modern business threats, CBP intends to amend its also issues regulations related to the environment. (Note: There is no regulations pertaining to the submission mission of the Department of the associated Regulatory Plan entry for this of advance air cargo data to implement Treasury. Under section 403(1) of the rule, because this rule is non-significant a mandatory Air Cargo Advance Homeland Security Act of 2002, the under Executive Order 12866. There is Screening (ACAS) program for any former-U.S. Customs Service, including an entry, however, in the Unified inbound aircraft required to make entry functions of the Secretary of the Agenda.) under the CBP regulations that will have Treasury relating thereto, transferred to Automation of CBP Form I–418 for commercial cargo aboard. The ACAS the Secretary of Homeland Security. As Vessels. CBP intends to issue this rule program will require the inbound carrier part of the initial organization of DHS, amending the regulations regarding the or other eligible party to electronically the Customs Service inspection and submission of Form I–418, Passenger transmit specified advance cargo data trade functions were combined with the List—Crew List. Currently, the master or (ACAS data) to CBP for air cargo immigration and agricultural inspection agent of every commercial vessel transported onboard U.S.-bound aircraft functions and the Border Patrol and arriving in the United States, with as early as practicable, but no later than transferred into CBP. The Department of limited exceptions, must submit a paper prior to loading of the cargo onto the the Treasury retained certain regulatory Form I–418, along with certain aircraft. The ACAS program will authority of the U.S. Customs Service information regarding longshore work, enhance the security of the aircraft and relating to customs revenue function. In to CBP at the port where immigration passengers on U.S.-bound flights by addition to its plans to continue issuing inspection is performed. Most enabling CBP to perform targeted risk regulations to enhance border security, commercial vessel operators are also assessments on the air cargo prior to the CBP, in the coming year, expects to required to submit a paper Form I–418 aircraft’s departure for the United continue to issue regulatory documents to CBP at the final U.S. port prior to States. These risk assessments will that will facilitate legitimate trade and departing for a foreign port. Under this identify and prevent high-risk air cargo implement trade benefit programs. For a rule, most vessel operators would be from being loaded on the aircraft that discussion of CBP regulations regarding required to electronically submit the could pose a risk to the aircraft during the customs revenue function, see the data elements on Form I–418 to CBP flight. CBP, in cooperation with TSA, regulatory plan of the Department of the through the National Vessel Movement has been operating ACAS as a voluntary Treasury. Center in lieu of submitting a paper pilot program since 2010 and intends to Implementation of the Electronic form. This rule would eliminate the publish an interim final rule in the next System for Travel Authorization (ESTA) need to file the paper Form I–418 in fiscal year to implement ACAS as a at U.S. Land Borders—Automation of most cases. This will result in an regulatory program. CBP Form I–94W. During the next fiscal opportunity cost savings for vessel Collection of Biometric Data Upon year, CBP intends to amend DHS operators as well as a reduction in their Entry to and Departure from the United regulations to implement the ESTA printing and storage costs. (Note: There States. DHS is required by statute to requirements under section 711 of the is no associated Regulatory Plan entry develop and implement an integrated, Implementing Recommendations of the for this rule, because this rule is not automated entry and exit data system to 9/11 Commission Act of 2007, for aliens significant under Executive Order match records, including biographic who intend to enter the United States 12866. There is an entry, however, in data and biometric identifiers, of aliens under the Visa Waiver Program (VWP) the Unified Agenda.) entering and departing the United at land ports of entry. Currently, aliens States. In addition, Executive Order from VWP countries must provide Federal Emergency Management 13780, Protecting the Nation from certain biographic information to U.S. Agency Foreign Terrorist Entry into the United CBP officers at land ports of entry on a The Federal Emergency Management States, states that DHS is to expedite the paper I–94W Nonimmigrant Visa Agency’s (FEMA’s) mission is to completion and implementation of a Waiver Arrival/Departure Record (Form support our citizens and first responders biometric entry-exit tracking system. I–94W). Under this rule, these VWP to ensure that as a Nation we work Although the current regulations travelers will instead provide this together to build, sustain, and improve provide that DHS may require certain information to CBP electronically our capability to prepare for, protect aliens to provide biometrics when through ESTA prior to application for against, respond to, recover from, and entering and departing the United admission to the United States. mitigate all hazards. FEMA’s ethos is to States, they only authorize DHS to Travelers will bear opportunity costs serve the Nation by helping its people

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and first responders, especially when Adjusting Program Fees for the negatively impacted by employment of they are most in need. Student and Exchange Visitor Program. nonimmigrant students on F and M FEMA is working on various ICE will propose to adjust the fees that visas. The rule will be a comprehensive deregulatory actions in the coming fiscal the Student and Exchange Visitor reform of practical training options; it is year. FEMA will propose to remove Program (SEVP) charges individuals and intended to reduce fraud and abuse. outdated regulations that require organizations. In 2016, SEVP conducted National Protection and Programs publication of community loss of a comprehensive fee study and Directorate eligibility notices in the Federal determined that current fees do not Register. (Removal of Federal Register recover the full costs of the services The National Protection and Programs Publication Requirement for Community provided. ICE has determined that Directorate’s (NPPD) vision is a safe, Loss of Eligibility Notices under the adjusting fees is necessary to fully secure, and resilient infrastructure National Flood Insurance Program. recover the increased costs of SEVP where the American way of life can Note: There is no associated Regulatory operations, program requirements, and thrive. NPPD leads the national effort to Plan entry for this rule, because this rule to provide the necessary funding to protect and enhance the resilience of the is non-significant under Executive sustain initiatives critical to supporting Nation’s physical and cyber Order 12866. There is an entry, national security. DHS will propose to infrastructure. Although NPPD does not however, in the Unified Agenda.) FEMA adjust its fees for individuals and plan to finalize any significant will also issue other deregulatory organizations to establish a more regulations within the next fiscal year, actions, such as removing regulations equitable distribution of costs and to NPPD will undertake reviews of its with sunset programs, which will result establish a sustainable revenue level. existing regulations in accordance with in general cleanup of the Code of The SEVP fee schedule was last Executive Order 13771. NPPD is also Federal Regulations. adjusted in a rule published on working on several future rulemaking Factors Considered When Evaluating September 26, 2008. projects, as reflected in the Unified a Governor’s Request for Individual Apprehension, Processing, Care, and Agenda. Assistance for a Major Disaster. In Custody of Alien Minors. ICE will issue Transportation Security Administration addition, FEMA plans to promulgate a proposed rule related to the detention, this significant regulation during the processing, and release of alien The Transportation Security fiscal year. The Sandy Recovery children. In 1985, a class-action suit Administration (TSA) protects the Improvement Act of 2013 requires the challenged the policies of the former Nation’s transportation systems to FEMA Administrator to review, update, Immigration and Naturalization Service ensure freedom of movement for people and revise through rulemaking the (INS) relating to the detention, and commerce. TSA applies an individual assistance factors FEMA uses processing, and release of alien intelligence-driven, risk-based approach to measure the severity, magnitude, and children; the case eventually reached to all aspects of TSA’s mission. This impact of a disaster. FEMA published a the U.S. Supreme Court. The Court approach results in layers of security to proposed rule on November 12, 2015, upheld the constitutionality of the mitigate risks effectively and efficiently. and now plans to issue a final rule. challenged INS regulations on their face TSA uses established processes, and remanded the case for further working with stakeholders, to review Federal Law Enforcement Training proceedings consistent with its opinion. programs, requirements, and procedures Center In January 1997, the parties reached a for appropriate modifications based The Federal Law Enforcement comprehensive settlement agreement, upon changes in the environment, Training Center (FLETC) does not have referred to as the Flores Settlement whether those changes result from an any significant regulations planned for Agreement (FSA). The FSA was to evolving threat or enhancements fiscal year 2018. terminate five years after the date of available through new technologies. final court approval; however, the For the coming fiscal year, TSA is United States Immigration and Customs termination provisions were modified in prioritizing deregulatory actions and Enforcement 2001, such that the FSA does not regulatory actions that are required to Immigration and Customs terminate until forty-five days after meet statutory mandates and that are Enforcement (ICE) is the principal publication of regulations implementing necessary for national security. Below criminal investigative arm of DHS and the agreement. Since 1997, intervening are the planned TSA actions for fiscal one of the three Department statutory changes, including passage of year 2018. components charged with the civil the Homeland Security Act (HSA) and Security Training for Surface enforcement of the Nation’s immigration the William Wilberforce Trafficking Transportation Employees. TSA will laws. Its primary mission is to protect Victims Protection Reauthorization Act finalize a rule requiring higher-risk national security, public safety, and the of 2008 (TVPRA), have significantly public transportation agencies integrity of our borders through the changed the applicability of certain (including rail mass transit and bus criminal and civil enforcement of provisions of the FSA. The proposed systems), railroad carriers (freight and Federal law governing border control, rule will codify the substantive terms of passenger), and over-the-road bus customs, trade, and immigration. During the FSA and enable the U.S. (OTRB) owner/operators to conduct fiscal year 2018, ICE will focus Government to seek termination of the security training for frontline rulemaking efforts on three priority FSA and litigation concerning its employees. This regulation will regulations: Increasing the fees paid to enforcement. Through this rule, DHS implement mandates of the the Student and Exchange Visitor will create a pathway to ensure the Implementing Regulations of the 9/11 Program (SEVP) to recover costs for humane detention of family units while Commission Act of 2007, (9/11 Act), services; Flores Settlement Agreement satisfying the goals of the FSA. The rule which addressed recommendations of provisions; and comprehensive reform will also implement related provisions the 9/11 Commission for enhancing the of practical training for foreign students of the TVPRA. nation’s security based upon with an F or M visa. Practical Training Reform. ICE will vulnerabilities identified in the Below are ICE’s significant regulatory issue a proposed rule that improves aftermath of September 11, 2001. In actions for the coming fiscal year: protections of U.S. workers who may be compliance with the definition of

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frontline employees in pertinent consistent with the handling of Federal operating environment, and result in a provisions of the 9/11 Act, the rule will Air Marshal names (two names listed net benefit, most likely to small include identification of which together qualify as SSI). The businesses providing GA services. employees are required to receive modification to TSA’s SSI regulations Finalizing this rule will ensure the security training and the content of that would protect lists of FFDO names, continued balance between providing training. The final rule will also propose rather than a single FFDO name. (Note: access and ensuring vital government definitions for transportation security- There is no associated Regulatory Plan assets in the Washington, DC sensitive materials, as required by entry for this rule, because this rule is metropolitan area. The security section 1501 of the 9/11 Act. non-significant under Executive Order requirements in the final rule are Vetting of Certain Surface 12866. There is an entry, however, in necessary to defeat the threat posed by Transportation Employees. TSA will the Unified Agenda.) propose a rule requiring security threat Ronald Reagan Washington National members of terrorist groups to vital U.S. assessments for security coordinators Airport: Enhanced Security Procedures assets and security in a manner that and other frontline employees of certain for Certain Operations. This IFR protects the nation’s transportation public transportation agencies reopened Ronald Reagan Washington systems to ensure freedom of movement (including rail mass transit and bus National Airport (DCA) to general for people and commerce. systems), railroads (freight and aviation (GA) aircraft operations after an Flight Training for Aliens and Other passenger), and OTRB owner/operators. approximately four-year closure (from Designated Individuals; Security The NPRM will also propose provisions September 2001 to August 2005) with Awareness Training for Flight School to implement TSA’s statutory measures in place to minimize the Employees. This rule would streamline requirement to recover its cost of vetting security risk to vital government assets regulations and reduce burden for the through user fees. TSA is in the process in the Washington, DC metropolitan alien flight student program (AFSP). of determining the costs and benefits of area. While prohibiting GA access to This action finalizes an IFR for a this rulemaking. While many DCA imposes an economic hardship on national security rule that is required to stakeholders conduct background these operations, access without implement a statutory requirement. The checks on their employees, their actions appropriate security measures increases are limited based upon the data they can the risk of an airborne strike originating AFSP program requires security threat access. Through this rule, TSA will be from DCA. Under the requirements of assessments for aliens seeking flight able to conduct a more thorough check this regulation, aircraft operations into training in the United States and against terrorist watch-lists of and out of DCA must have and imposes additional security measures individuals in security-sensitive implement a DCA Access Standard on the flight schools training these positions. Security Program (DASSP) approved by individuals. In response to Amending Vetting Requirements for TSA. recommendations from industry Employees with Access to a Security In response to recommendations from through the ASAC, TSA is considering Identification Display Area. The industry submitted through the Aviation revising these requirements to reduce Aviation Security Act of 2016 mandates Security Advisory Committee (ASAC), costs and industry burden. For example, that TSA consider modifications to the TSA is assessing the risks associated reporting and recordkeeping list of disqualifying criminal offenses with eliminating a requirement to have requirements for the program are and criteria, develop a waiver process an armed security officer on flights estimated at an annual cost of $7.4 for approving the issuance of credentials accessing DCA. The DASSP requires million, discounted at 7 percent. These for unescorted access, and propose an each aircraft operating into or out of costs include maintaining paper records extension of the look back period for DCA with passengers to have onboard at on alien flight students. TSA is disqualifying crimes. Based on these least one armed security officer. The considering an electronic recordkeeping requirements, and current intelligence only exception to this requirement is for platform where all flight providers pertaining to the ‘‘insider threat’’, TSA flights with a Federal Air Marshal on will propose revisions that enhance the board. After this requirement was put in would upload required student eligibility requirements and place, TSA implemented the Secure information to a TSA-managed website. disqualifying criminal offenses for Flight program, which provides for Also at industry’s request, TSA is individuals seeking or having vetting of passengers against the considering changing the interval for unescorted access to any Security Terrorist Screening Database. The security threat assessments of alien Identification Display Area of an airport. requirement for an armed security flight students, eliminating the Protection of Sensitive Security officer could be modified, and TSA requirement for a new security threat Information. Through a joint rulemaking could accept other alternative assessment for each ‘‘training event.’’ A with the Department of Transportation procedures, including Secure Flight related change to the current (DOT), TSA will streamline existing vetting, that provide commensurate information collection request requirements to protect sensitive levels of security at lower costs. These pertaining to the AFSP program will be security information (SSI). This action procedures could include a requirement part of this deregulatory action. finalizes an Interim Final Rule for a to limit passengers and crewmembers to statutorily-required regulation related to those with a Known Traveler Number United States Secret Service national security. The rule amends (KTN). A critical dependency for this The United States Secret Service does TSA’s and DOT’s regulations to provide proposed repeal of the armed security not have any significant regulations three options for the SSI distribution officer requirement would be the ability planned for fiscal year 2018. statement, one significantly abbreviated, of DHS/TSA to quickly process requests to address concerns that the current for KTNs and the willingness of the DHS Regulatory Plan for Fiscal Year marking requirements are unduly regulated parties to bear the cost of 2018 burdensome. TSA is considering further obtaining a KTN. deregulatory action to align the This rule would streamline TSA’s A more detailed description of the requirement for the handling of Federal regulations to eliminate a burden no priority regulations that comprise the Flight Deck Officer (FFDO) names longer necessary under the current DHS fall regulatory plan follows.

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DHS—U.S. CITIZENSHIP AND Small Entities Affected: No. assessing the costs and benefits of the IMMIGRATION SERVICES (USCIS) Government Levels Affected: Federal. policy changes under consideration, Additional Information: CIS No. DHS believes that in aggregate the Proposed Rule Stage 1989–99. Transferred from RIN 1115– proposed changes would result in better 43. Inadmissibility and Deportability on AF45. resource management and predictability Public Charge Grounds Agency Contact: Mark Phillips, Chief, for both USCIS and petitioning Residence and Naturalization Division, Priority: Other Significant. employers. DHS anticipates that E.O. 13771 Designation: Fully or Department of Homeland Security, U.S. implementing a pre-registration process Partially Exempt. Citizenship and Immigration Services, could benefit the regulated public by Legal Authority: 8 U.S.C. 1101 to Office of Policy and Strategy, 20 potentially reducing the cost and time 1103; 8 U.S.C. 1182 and 1183; . . . Massachusetts Avenue NW, involved in petitioning for H–1B CFR Citation: 8 CFR 212; 8 CFR 237; Washington, DC 20529, Phone: 202 272– nonimmigrants, through an up-front cap 8 CFR 245a.18. 8377, Email: mark.phillips@ selection process where only those Legal Deadline: None. uscis.dhs.gov. employers who have obtained a cap Abstract: The Department of RIN: 1615–AA22 number would be required to submit the Homeland Security (DHS) will propose entire Petition for a Nonimmigrant regulatory provisions guiding the Worker, Form I–129. inadmissibility determination on DHS—USCIS Risks: whether an alien is likely at any time to Timetable: become a public charge under section 44. Registration Requirement for 212(a)(4) of the Immigration and Petitioners Seeking To File H–1B Action Date FR Cite Nationality Act (INA), 8 U.S.C. Petitions on Behalf of Aliens Subject to 1182(a)(4). DHS proposes to add a Numerical Limitations NPRM ...... 03/03/11 76 FR 11686 NPRM Comment 05/02/11 regulatory provision, which would Priority: Other Significant. define the term public charge and Period End. E.O. 13771 Designation: Other. NPRM ...... 02/00/18 would outline DHS’s public charge Legal Authority: 8 U.S.C. 1184(g) considerations. CFR Citation: 8 CFR 214. Statement of Need: To ensure that Legal Deadline: None. Regulatory Flexibility Analysis foreign nationals coming to the United Abstract: The Department of Required: Yes. States or adjusting status to permanent Homeland Security proposes to amend Small Entities Affected: Businesses. Government Levels Affected: None. residence, either temporarily or its regulations governing petitions filed Additional Information: USCIS 2443– permanently, have adequate means of on behalf of alien workers subject to 08. Includes Retrospective Review support while in the United States, and annual numerical limitations. This rule under E.O. 13563. that foreign nationals do not become proposes to establish an electronic URL For More Information: dependent on public benefits for registration program for petitions www.regulations.gov. support. subject to numerical limitations for the URL For Public Comments: Summary of Legal Basis: INA H–1B nonimmigrant classification. This www.regulations.gov. 212(a)(4). action is being considered because the Agency Contact: Kevin Cummings, Alternatives: demand for H–1B specialty occupation Division Chief, Business and Foreign Anticipated Cost and Benefits: DHS is workers by U.S. companies has often Workers Division, Department of currently considering the specific cost exceeded the numerical limitation. This Homeland Security, U.S. Citizenship and benefit impacts of the proposed rule is intended to allow USCIS to more and Immigration Services, Office of provisions. In general, DHS anticipates efficiently manage the intake and lottery Policy and Strategy, 20 Massachusetts that by clarifying the meaning of public process for these H–1B petitions. The Avenue NW, Washington, DC 20529, charge some stakeholders would incur Department published a proposed rule Phone: 202 272–8377, Fax: 202 272– costs. The anticipated costs to on this topic in 2011. The Department 1480, Email: individuals requesting immigration intends to publish an additional [email protected]. benefits are associated with the proposed rule in 2018. The proposal RIN: 1615–AB71 opportunity cost of time to complete may include a modified selection and file required forms and process, as outlined in section 5(b) of documentation, and possible costs Executive Order 13788, Buy American associated with any additional and Hire American. DHS—USCIS background checks. DHS anticipates Statement of Need: This regulation 45. Rescission of International there will be benefits associated with would help to streamline the process for Entrepreneur Rule ensuring that foreign nationals coming administering the H–1B cap process and to the United States have adequate to ensure that H–1B visas are awarded Priority: Other Significant. means of support and do not become to the most skilled or highest-paid E.O. 13771 Designation: Other. dependent on public assistance. petition beneficiaries. Legal Authority: 8 U.S.C. Risks: Summary of Legal Basis: 1182(d)(5)(A) Timetable: Alternatives: DHS is currently in the CFR Citation: 8 CFR 212.5. process of considering policies that Legal Deadline: None. Action Date FR Cite align with our overarching goals of Abstract: On January 17, 2017, DHS NPRM ...... 05/26/99 64 FR 28676 ensuring the allocation of H–1B cap published the International NPRM Comment 07/26/99 numbers are provided to the best and Entrepreneur Final Rule (the IE final Period End. brightest foreign national beneficiaries, rule) in the Federal Register at 82 FR NPRM ...... 07/00/18 and ensuring that the operational 5238, with an original effective date of process is as efficient as possible. July 17, 2017. On July 11, 2017, DHS Regulatory Flexibility Analysis Anticipated Cost and Benefits: While published a final rule at 82 FR 31887 Required: No. DHS is currently in the process of delaying the effective date of the IE final

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rule until March 14, 2018, to allow for URL For More Information: Summary of Legal Basis: a full review of the rule. This notice of www.regulations.gov. Alternatives: proposed rulemaking (NPRM) will URL For Public Comments: Anticipated Cost and Benefits: DHS is propose to rescind the IE final rule. The www.regulations.gov. still in the process of reviewing NPRM will solicit public comments on Agency Contact: Kevin Cummings, potential changes it would propose to the proposal to rescind the IE final rule. Division Chief, Business and Foreign the regional center process. DHS may Statement of Need: DHS is reviewing Workers Division, Department of propose to implement an exemplar the IE final rule in light of issuance of Homeland Security, U.S. Citizenship filing requirement for all designated Executive Order 13767, Border Security and Immigration Services, Office of regional centers that would require and Immigration Enforcement. Policy and Strategy, 20 Massachusetts regional centers to file exemplar project Summary of Legal Basis: The Avenue NW, Washington, DC 20529, requests. An exemplar filing Secretary’s authority for this proposed Phone: 202 272–8377, Fax: 202 272– requirement could cause some projects regulatory amendment can be found in 1480, Email: kevin.j.cummings@ to not go forward, but DHS is still in the the Homeland Security Act of 2002, uscis.dhs.gov. process of assessing the impacts on the RIN: 1615–AC04 Public Law 107–296, section 102, 116 number of projects that may be affected. Stat. 2135, 6 U.S.C. 112, and INA DHS anticipates that any proposed section 103, 8 U.S.C. 1103, which give changes to the regional center program the Secretary the authority to administer DHS—USCIS would increase overall program and enforce the immigration and efficiency and predictability for both 46. EB–5 Immigrant Investor Regional USCIS and EB–5 stakeholders. nationality laws, as well as INA section Center Program 212(d)(5), 8 U.S.C. 1182(d)(5), which Risks: refers to the Secretary’s discretionary Priority: Other Significant. Timetable: authority to grant parole and provides E.O. 13771 Designation: Other. Legal Authority: 8 U.S.C. 1153(b)(5); DHS with regulatory authority to Action Date FR Cite Pub. L. 102–395, secs. 610 and 601(a); establish terms and conditions for Pub. L. 107–273, sec. 11037; Pub. L. ANPRM ...... 01/11/17 82 FR 3211 parole once authorized. 101–649, sec. 121(a); Pub. L. 105–119, ANPRM Comment 04/11/17 Alternatives: sec. 116; Pub. L. 106–396, sec. 402; Pub. Period End. Anticipated Cost and Benefits: The L. 108–156, sec. 4; Pub. L. 112–176, sec. NPRM ...... 10/00/18 economic costs of the IE final rule 1; Pub. L. 114–113, sec. 575; Pub. L. Regulatory Flexibility Analysis would have resulted from the filing 114–53, sec. 131; Pub. L. 107–273 costs of principal applicants applying CFR Citation: 8 CFR 204; 8 CFR 216. Required: Yes. for parole and from the associated filing Legal Deadline: None. Small Entities Affected: Businesses. costs of dependents of principal Abstract: The Department of Government Levels Affected: None. applicants. Therefore, this proposal to Homeland Security (DHS) is considering URL For More Information: withdraw the IE final rule would result making regulatory changes to the EB–5 www.regulations.gov. in those costs not being realized. This Immigrant Investor Regional Center URL For Public Comments: withdrawal of the IE final rule would Program. DHS issued an Advance www.regulations.gov. also result in time saved by DHS Notice of Proposed Rulemaking Agency Contact: Lori S. MacKenzie, adjudicators, as they would not be (ANPRM) to seek comment from all Division Chief, Operations Policy & required to process the relevant parole interested stakeholders on several Stakeholder Communications, applications. Furthermore, DHS would topics, including: (1) The process for Immigrant Investor Program, also save from expending any additional initially designating entities as regional Department of Homeland Security, U.S. costs in technology and related systems centers, (2) a potential requirement for Citizenship and Immigration Services, updates that would otherwise be regional centers to utilize an exemplar 131 M Street NE, Washington, DC necessary. filing process, (3) continued 20529–2200, Phone: 202 357–9214, Risks: participation requirements for Email: [email protected]. Timetable: maintaining regional center designation, RIN: 1615–AC11 and (4) the process for terminating Action Date FR Cite regional center designation. While DHS has gathered some information related DHS—USCIS NPRM ...... 08/31/16 81 FR 60129 to these topics, the ANPRM sought • NPRM Comment 10/17/16 additional information that can help the 47. Strengthening the H–1B Period End. Department make operational and Nonimmigrant Visa Classification Final Rule ...... 01/17/17 82 FR 5238 Program Final Rule Effec- 07/17/17 security updates to the Regional Center tive. Program while minimizing the impact of Priority: Other Significant. Major Final Rule Delay 07/11/17 82 FR 31887 such changes on regional center status under 5 U.S.C. 801 is of Effective operations and EB–5 investors. undetermined. Date. Statement of Need: Based on decades Unfunded Mandates: Undetermined. NPRM ...... 11/00/17 of experience operating the program, E.O. 13771 Designation: Other. DHS has determined that program Legal Authority: 8 U.S.C. 1184 Regulatory Flexibility Analysis changes are needed to better reflect CFR Citation: 8 CFR 214.2(h)(4). Required: No. business realities for regional centers Legal Deadline: None. Government Levels Affected: None. and EB–5 immigrant investors, to Abstract: The Department of International Impacts: This regulatory increase predictability and transparency Homeland Security (DHS) will propose action will be likely to have in the adjudication process for to revise the definition of specialty international trade and investment stakeholders, to improve operational occupation to increase focus on effects, or otherwise be of international efficiency for the agency, and to obtaining the best and the brightest interest. enhance program integrity. foreign nationals via the H–1B program,

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and revise the definition of employment CFR Citation: 8 CFR 214; 8 CFR 274a. Phone: 202 272–8377, Fax: 202 272– and employer-employee relationship to Legal Deadline: None. 1480, Email: kevin.j.cummings@ better protect U.S. workers and wages. Abstract: On February 25, 2015, DHS uscis.dhs.gov. In addition, DHS will propose published a final rule extending Related RIN: Related to 1615–AB92 additional requirements designed to eligibility for employment authorization RIN: 1615–AC15 ensure employers pay appropriate to certain H–4 dependent spouses of H– wages to H–1B visa holders. 1B nonimmigrants who are seeking Statement of Need: The purpose of employment-based lawful permanent DHS—USCIS these changes is to ensure that H–1B resident (LPR) status. DHS is publishing visas are awarded only to individuals this notice of proposed rulemaking to Final Rule Stage who will be working in a job which amend that 2015 final rule. DHS is 49. EB–5 Immigrant Investor Program meets the statutory definition of proposing to remove from its regulations Modernization specialty occupation. In addition, these certain H–4 spouses of H–1B changes are intended to ensure that the nonimmigrants as a class of aliens Priority: Other Significant. H–1B program supplements the U.S. eligible for employment authorization. E.O. 13771 Designation: Other. workforce and strengthens U.S. worker Statement of Need: DHS is reviewing Legal Authority: 8 U.S.C. 1153(b)(5) protections. the 2015 final rule in light of issuance CFR Citation: 8 CFR 204.6; 8 CFR Summary of Legal Basis: of Executive Order 13788, Buy 216.6. Alternatives: Legal Deadline: None. American and Hire American. Abstract: In January 2017, the Anticipated Cost and Benefits: DHS is Summary of Legal Basis: The Department of Homeland Security still considering the cost and benefit Secretary of Homeland Security (DHS) proposed to amend its regulations impacts of the proposed provisions. In (Secretary) has the authority to amend governing the employment-based, fifth general, DHS anticipates that there may this regulation under section 102 of the preference (EB–5) immigrant investor be some filing fees and opportunity Homeland Security Act of 2002, Public classification. In general, under the EB– costs of time in preparing and filing Law 107–296, 116 Stat. 2135, 6 U.S.C. 5 program, individuals are eligible to forms for the eligible population. DHS 112, and section 103(a) of the apply for lawful permanent residence in also anticipates benefits in the form of Immigration and Nationality Act (INA), the United States if they make the reduced fraud and abuses of the current 8 U.S.C. 1103(a), which authorize the necessary investment in a commercial H–1B program. Secretary to administer and enforce the Risks: enterprise in the United States and immigration and nationality laws. In Timetable: create or, in certain circumstances, addition, section 214(a)(1) of the INA, 8 preserve 10 permanent full-time jobs for U.S.C. 1184(a)(1), provides the Secretary Action Date FR Cite qualified U.S. workers. This rule sought with authority to prescribe the time and public comment on a number of NPRM ...... 10/00/18 conditions of nonimmigrants’ proposed changes to the EB–5 program admissions to the United States. Also, regulations. Such proposed changes Regulatory Flexibility Analysis section 274A(h)(3)(B) of the INA, 8 included: Raising the minimum Required: Undetermined. U.S.C. 1324a(h)(3)(B), recognizes the investment amount; allowing certain Government Levels Affected: Secretary’s discretionary authority to EB–5 petitioners to retain their original Undetermined. extend employment authorization. priority date; changing the designation Federalism: Undetermined. Alternatives: process for targeted employment areas; URL For More Information: Anticipated Cost and Benefits: DHS and other miscellaneous changes to www.regulations.gov. anticipates that there would be two filing and interview processes. URL For Public Comments: primary impacts that DHS can estimate: Statement of Need: The proposed www.regulations.gov. The cost-savings accruing to forgone Agency Contact: Kevin Cummings, regulatory changes are necessary to future filings by H–4 spouses, and labor Division Chief, Business and Foreign reflect statutory changes and codify turnover costs that employers of H–4 Workers Division, Department of existing policies, more accurately reflect workers could incur. Homeland Security, U.S. Citizenship existing and future economic realities, Risks: and Immigration Services, Office of improve operational efficiencies to Timetable: Policy and Strategy, 20 Massachusetts provide stakeholders with a higher level Avenue NW, Washington, DC 20529, Action Date FR Cite of predictability and transparency in the Phone: 202 272–8377, Fax: 202 272– adjudication process, and enhance 1480, Email: kevin.j.cummings@ NPRM ...... 02/00/18 program integrity by clarifying key uscis.dhs.gov. eligibility requirements for program RIN: 1615–AC13 Regulatory Flexibility Analysis participation and further detailing the Required: Yes. processes required. Given the Small Entities Affected: Businesses. complexities involved in adjudicating DHS—USCIS Government Levels Affected: None. benefit requests in the EB–5 program, URL For More Information: along with continued program integrity 48. • Removing H–4 Dependent Spouses www.regulations.gov. concerns and increasing adjudication From the Class of Aliens Eligible for URL For Public Comments: processing times, DHS has decided to Employment Authorization www.regulations.gov. revise the existing regulations to Priority: Economically Significant. Agency Contact: Kevin Cummings, modernize key areas of the program. Major under 5 U.S.C. 801. Division Chief, Business and Foreign Summary of Legal Basis: The Unfunded Mandates: Undetermined. Workers Division, Department of Immigration Act (INA) authorizes the E.O. 13771 Designation: Other. Homeland Security, U.S. Citizenship Secretary of Homeland Security Legal Authority: 6 U.S.C. 112; 8 U.S.C. and Immigration Services, Office of (Secretary) to administer and enforce 1103(a); 8 U.S.C. 1184(a)(1); 8 U.S.C. Policy and Strategy, 20 Massachusetts the immigration and nationality laws 1324a(H)(3)(B) Avenue NW, Washington, DC 20529, including establishing regulations

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deemed necessary to carry out his Regulatory Flexibility Analysis Summary of Legal Basis: The Trade authority, and section 102 of the Required: Yes. Act of 2002 authorizes CBP to Homeland Security Act, 6 U.S.C. 112, Small Entities Affected: Businesses. promulgate regulations providing for the authorizes the Secretary to issue Government Levels Affected: None. mandatory transmission of electronic regulations. 8 U.S.C. 1103(a), INA URL For More Information: cargo information by way of a CBP- section 103(a). INA section 203(b)(5), 8 www.regulations.gov. approved electronic data interchange U.S.C. 1153(b)(5), also provides the URL For Public Comments: (EDI) system before the cargo is brought Secretary with authority to make visas www.regulations.gov. into or departs the United States by any available to immigrants seeking to Agency Contact: Lori S. MacKenzie, mode of commercial transportation. engage in a new commercial enterprise Division Chief, Operations Policy & Under the Trade Act, the required cargo in which the immigrant has invested Stakeholder Communications, information is that which is reasonably and which will benefit the United States Immigrant Investor Program, necessary to ensure cargo safety and economy and create full-time Department of Homeland Security, U.S. security pursuant to the laws enforced employment for not fewer than 10 U.S. Citizenship and Immigration Services, and administered by CBP. workers. Further, section 610 of Public 131 M Street NE, Washington, DC Alternatives: In addition to the Law 102–395 (8 U.S.C. 1153 note) 20529–2200, Phone: 202 357–9214, proposed rule, CBP analyzed two created the Immigrant Investor Pilot Email: [email protected]. alternatives—Requiring the data Program and authorized the Secretary to Related RIN: Related to 1205–AB69 elements to be transmitted to CBP set aside visas for individuals who RIN: 1615–AC07 further in advance than the proposed invest in regional centers created for the rule requires; and requiring fewer data purpose of concentrating pooled elements. CBP concluded that the investment in defined economic zones, DHS—U.S. CUSTOMS AND BORDER proposal rule provides the most and was last amended by Public Law PROTECTION (USCBP) favorable balance between security 107–273. outcomes and impacts to air Alternatives: Final Rule Stage transportation. Anticipated Cost and Benefits: Due to Anticipated Cost and Benefits: To data limitations and the complexity of 50. Air Cargo Advance Screening (ACAS) improve CBP’s risk assessment and EB–5 investment structures, it is targeting capabilities and to enable CBP difficult to quantify and monetize the Priority: Economically Significant. to target and identify risk cargo prior to costs and benefits of the proposed Major under 5 U.S.C. 801. departure of the aircraft to the United provisions, with the exception of E.O. 13771 Designation: Fully or States, ACAS would require the application costs for dependents who Partially Exempt. submission of certain of the advance Legal Authority: 19 U.S.C. 2071 note would file the Petition by Entrepreneur electronic information for air cargo to Remove Conditions on Permanent CFR Citation: 19 CFR 122. Legal Deadline: None. earlier in the process. In most cases, the Resident Status (Form I–829) separately information would have to be submitted from principal investors, and Abstract: To address ongoing aviation security threats, CBP intends to amend as early as practicable, but no later than familiarization costs to review the rule. prior to the loading of cargo onto an The proposal to raise the investment its regulations pertaining to the submission of advance air cargo data to U.S.-bound aircraft. CBP, in conjunction amounts and reform the targeted with TSA, has been operating ACAS as employment area (TEA) geography implement a mandatory Air Cargo Advance Screening (ACAS) program for a voluntary pilot program since 2010. could deter some investors from CBP believes this pilot program has participating in the EB–5 program. The any inbound aircraft required to make entry under the CBP regulations that proven successful by not only mitigating increase in investment could reduce the risks to the United States, but also number of investors as they may be will have commercial cargo aboard. The ACAS program will require the inbound minimizing costs to the private sector. unable or unwilling to invest at the To address ongoing aviation security higher proposed levels of investment. carrier or other eligible party to electronically transmit specified threats, CBP is transitioning the ACAS On the other hand, raising the pilot program into an ongoing investment amounts increases the advance cargo data (ACAS data) to CBP for air cargo transported onboard U.S.- mandatory regulatory program. Costs of amount invested by each investor and this program to carriers include one- thereby potentially increases the total bound aircraft as early as practicable, but no later than prior to loading of the time costs to upgrade systems to economic benefits of U.S. investment facilitate transmission of these data to under this program. The proposed TEA cargo onto the aircraft. The ACAS program will enhance the security of the CBP and recurring per transmission provision would rule out TEA costs. Benefits of the program include configurations that rely on a large aircraft and passengers on U.S.-bound flights by enabling CBP to perform improved security that will result from number of census tracts indirectly receiving the data earlier. linked to the actual project tract by targeted risk assessments on the air cargo prior to the aircraft’s departure for Risks: numerous degrees of separation, and Timetable: may better target investment capital to the United States. These risk areas where unemployment rates are the assessments will identify and prevent Action Date FR Cite highest. high-risk air cargo from being loaded on Risks: the aircraft that could pose a risk to the Interim Final Rule 01/00/18 Timetable: aircraft during flight. Statement of Need: DHS has Regulatory Flexibility Analysis Action Date FR Cite identified an elevated risk associated Required: Undetermined. with cargo being transported to the Government Levels Affected: NPRM ...... 01/13/17 82 FR 4738 United States by air. This rule will help Undetermined. NPRM Comment 04/11/17 address this risk by giving DHS the data International Impacts: This regulatory Period End. Final Action ...... 02/00/18 it needs to improve targeting of the action will be likely to have cargo prior to departure. international trade and investment

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effects, or otherwise be of international whether aliens are departing the country DHS—USCBP interest. when they are required to depart, 52. Implementation of the Electronic Agency Contact: Craig Clark, Branch reduce visa fraud, and improve CBP’s System for Travel Authorization Chief, Advance Data Programs and ability to identify criminals and known (ESTA) at U.S. Land Borders— Cargo Initiatives, Department of or suspected terrorists before they Automation of CBP Form I–94W Homeland Security, U.S. Customs and depart the United States. Border Protection, 1300 Pennsylvania Summary of Legal Basis: Numerous Priority: Other Significant. Avenue NW, Washington, DC 20229, Federal statutes require DHS to create E.O. 13771 Designation: Other. Phone: 202 344–3052, Email: an integrated, automated biometric Legal Authority: Pub. L. 110–53 [email protected]. entry and exit system that records the CFR Citation: 8 CFR 212.1; 8 CFR RIN: 1651–AB04 arrival and departure of aliens, 217.2; 8 CFR 217.3; 8 CFR 217.5; 8 CFR compares the biometric data of aliens to 286.9. verify their identity, and authenticates Legal Deadline: None. DHS—USCBP travel documents presented by such Abstract: This rule amends aliens through the comparison of Department of Homeland Security 51. Collection of Biometric Data Upon biometric identifiers. See, e.g., (DHS) regulations to implement the Entry to and Exit From the United Immigration and Naturalization Service Electronic System for Travel States Data Management Improvement Act of Authorization (ESTA) requirements Priority: Other Significant. 2002, the Intelligence Reform and under section 711 of the Implementing Unfunded Mandates: Undetermined. Terrorism Prevention Act of 2004, and Recommendations of the 9/11 E.O. 13771 Designation: Other. the 2016 Consolidated Appropriations Commission Act of 2007, for aliens who Legal Authority: 8 U.S.C. 1365a; 8 Act. In addition, Executive Order 13780, intend to enter the United States under U.S.C. 1365b Protecting the Nation from Foreign the Visa Waiver Program (VWP) at land CFR Citation: 19 CFR 215.8; 19 CFR Terrorist Entry into the United States, ports of entry. Currently, aliens from 235.1. states that DHS is to expedite the VWP countries must provide certain Legal Deadline: None. completion and implementation of a biographic information to U.S. Customs Abstract: The Department of biometric entry-exit tracking system. and Border Protection (CBP) officers at Homeland Security (DHS) is required by Alternatives: land ports of entry on a paper I–94W statute to develop and implement an Anticipated Cost and Benefits: This Nonimmigrant Visa Waiver Arrival/ integrated, automated entry and exit rule will allow CBP to know with Departure Record (Form I–94W). Under data system to match records, including greater certainty whether foreign visa this rule, these VWP travelers will biographic data and biometric holders depart the country when instead provide this information to CBP identifiers, of aliens entering and required. It will also prevent visa fraud electronically through ESTA prior to departing the United States. In addition, and allow CBP to more easily identify application for admission to the United Executive Order 13780, Protecting the criminals or terrorists when they States. DHS has already implemented Nation from Foreign Terrorist Entry into attempt to leave the country. The the ESTA requirements for aliens who the United States, published in the technology used to implement this rule intend to enter the United States under Federal Register at 82 FR 13209, states could also eventually be used to modify the VWP at air or sea ports of entry. that DHS is to expedite the completion entry and exit procedures to reduce Statement of Need: This rule is and implementation of a biometric processing and wait times. This rule necessary to implement the Electronic entry-exit tracking system. Although the imposes opportunity and technology System for Travel Authorization (ESTA) current regulations provide that DHS acquisition and maintenance costs on under section 711 of the Implementing may require certain aliens to provide CBP and opportunity costs on the Recommendations of the 9/11 biometrics when entering and departing traveling public. Commission Act of 2007 for aliens who intend to enter the United States under the United States, they only authorize Risks: DHS to collect biometrics from certain the Visa Waiver Program at land ports aliens upon departure under pilot Timetable: of entry. ESTA was implemented at air programs at land ports and at up to 15 and sea ports of entry in 2008. At that Action Date FR Cite airports and seaports. To provide the time, however, CBP did not have the legal framework for CBP to begin a Interim Final Rule 04/00/18 ability to implement the program at land comprehensive biometric entry-exit ports of entry. This rule will ensure that ESTA is now implemented at all ports system, DHS is amending the Regulatory Flexibility Analysis of entry. regulations to remove the references to Required: Undetermined. pilot programs and the port limitation. Summary of Legal Basis: Government Levels Affected: In addition, to facilitate the Alternatives: Undetermined. implementation of a seamless biometric Anticipated Cost and Benefits: In entry-exit system that uses facial Federalism: Undetermined. addition to fulfilling a statutory recognition, DHS is amending the Agency Contact: Michael Hardin, mandate, the ESTA Land rule will regulations as they pertain to the Deputy Director, Department of strengthen national security through provision of photographs upon entry Homeland Security, U.S. Customs and enhanced traveler vetting, streamline and exit. Border Protection, Customs and Border entry processing through Form I–94W Statement of Need: This rule is Protection, Entry/Exit Policy and automation, reduce inadmissible necessary to provide the legal Planning, 1300 Pennsylvania Avenue traveler arrivals, and produce a framework for DHS to begin NW, Office of Field Operations, 5th consistent, modern VWP admission implementing a comprehensive Floor, Washington, DC 20229, Phone: policy in all U.S. travel environments, biometric entry-exit system. Collecting 202 325–1053, Email: michael.hardin@ which will benefit VWP travelers, CBP, biometrics at departure will allow CBP cbp.dhs.gov. and the public. The rule will also and DHS to know with better accuracy RIN: 1651–AB12 introduce time and fee costs to VWP

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travelers required to complete an ESTA 1652–AA55, Security Training for E.O. 13771 Designation: Other. application. Surface Transportation Employees. Legal Authority: Pub. L. 114–190, sec. Risks: Statement of Need: Employee vetting 3405 Timetable: is an important and effective tool for CFR Citation: 49 CFR 1524.209. averting or mitigating potential attacks Legal Deadline: Final, Statutory, Action Date FR Cite by those with malicious intent who may January 11, 2017, Rule for individuals target surface transportation and plan or with unescorted access to any Security Interim Final Rule 04/00/18 perpetrate actions that may cause Identification Display Area (SIDA) due significant injuries, loss of life, or 180 days after date of enactment. Regulatory Flexibility Analysis economic disruption. According to sec, 3405 of Title III of Required: No. Summary of Legal Basis: the FAA Extension, Safety, and Security Government Levels Affected: None. Alternatives: Act, 2016 (Aviation Security Act of Agency Contact: Suzanne Shepherd, Anticipated Cost and Benefits: TSA is 2016), Public Law 114–190 (130 Stat. Director, Electronic System for Travel in the process of determining the costs 615, July 15, 2016), a final rule revising Authorization, Department of Homeland and benefits of this rulemaking. the regulations under 49 U.S.C. 44936 is Security, U.S. Customs and Border Risks: due 180 days after the date of Protection, 1300 Pennsylvania Avenue Timetable: enactment. NW, Washington, DC 20229, Phone: 202 Abstract: As required by the Aviation 344–2073, Email: suzanne.m.shepherd@ Action Date FR Cite Security Act of 2016, the Transportation cbp.dhs.gov. Security Administration (TSA) will NPRM ...... 05/00/18 RIN: 1651–AB14 propose a rule to revise its regulations, Regulatory Flexibility Analysis with current knowledge of insider threat Required: Undetermined. and intelligence, to enhance the DHS—TRANSPORTATION SECURITY Government Levels Affected: eligibility requirements and ADMINISTRATION (TSA) Undetermined. disqualifying criminal offenses for individuals seeking or having Proposed Rule Stage URL For More Information: www.regulations.gov. unescorted access to any SIDA of an 53. Vetting of Certain Surface URL For Public Comments: airport. Consistent with the statutory Transportation Employees www.regulations.gov. mandate, TSA will consider adding to the list of disqualifying criminal Priority: Other Significant. Major Agency Contact: Chandru (Jack) Kalro, offenses and criteria, develop a waiver status under 5 U.S.C. 801 is Deputy Director, Surface Division, process for approving the issuance of undetermined. Department of Homeland Security, credentials for unescorted access, and Unfunded Mandates: Undetermined. Transportation Security Administration, E.O. 13771 Designation: Other. Office of Security Policy and Industry propose an extension of the look back Legal Authority: 49 U.S.C. 114; Pub. L. Engagement, 601 South 12th Street, period for disqualifying crimes. 110–53, secs. 1411, 1414, 1512, 1520, Arlington, VA 20598–6028, Phone: 571 Statement of Need: Employee vetting 1522, and 1531 227–1145, Email: surfacefrontoffice@ is an important and effective tool for CFR Citation: Not Yet Determined. tsa.dhs.gov. averting or mitigating potential attacks Legal Deadline: Other, Statutory, Alex Moscoso, Chief Economist, by those with malicious intent who August 3, 2008, Background and Economic Analysis Branch–Cross Modal wish to target aviation and plan or immigration status check for all public Division, Department of Homeland perpetrate actions that may cause transportation frontline employees is Security, Transportation Security significant injuries, loss of life, or due no later than 12 months after date Administration, Office of Security economic disruption. Enhancing of enactment. Policy and Industry Engagement, 601 eligibility standards for airport workers Other, Statutory, August 3, 2008, South 12th Street, Arlington, VA 20598– will improve transportation and Background and immigration status 6028, Phone: 571 227–5839, Email: national security. check for all railroad frontline [email protected]. Summary of Legal Basis: employees is due no later than 12 Laura Gaudreau, Attorney–Advisor, Alternatives: Anticipated Cost and Benefits: TSA is months after date of enactment. Regulations and Security Standards, in the process of determining the costs Sections 1411 and 1520 of Public Law Department of Homeland Security, and benefits of this rulemaking. 110–53, Implementing Transportation Security Administration, Risks: Recommendations of the 9/11 Office of Chief Counsel, 601 South 12th Timetable: Commission Act of 2007 (9/11 Act), Street, Arlington, VA 20598–6002, Phone: 571 227–1088, Email: (121 Stat. 266, Aug. 3, 2007), require Action Date FR Cite background checks of frontline public [email protected]. transportation and railroad employees Related RIN: Related to 1652–AA55 NPRM ...... 09/00/18 not later than one year from the date of RIN: 1652–AA69 enactment. Requirement will be met Regulatory Flexibility Analysis through regulatory action. Required: Undetermined. Abstract: The 9/11 Act requires DHS—TSA Government Levels Affected: vetting of certain railroad, public Undetermined. transportation, and over-the-road bus 54. Amending Vetting Requirements for Federalism: Undetermined. employees. Through this rulemaking, Employees With Access to a Security Agency Contact: Alex Moscoso, Chief the Transportation Security Identification Display Area (SIDA) Economist, Economic Analysis Administration (TSA) intends to Priority: Other Significant. Major Branch—Cross Modal Division, propose the mechanisms and status under 5 U.S.C. 801 is Department of Homeland Security, procedures to conduct the required undetermined. Transportation Security Administration, vetting. This regulation is related to Unfunded Mandates: Undetermined. Office of Security Policy and Industry

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Engagement, 601 South 12th Street, systems for all documents required to Action Date FR Cite Arlington, VA 20598–6028, Phone: 571 demonstrate compliance with the rule. 227–5839, Email: alex.moscoso@ Statement of Need: In the years since Notice—Informa- 06/06/08 73 FR 32346 tion Collection; tsa.dhs.gov. TSA published the IFR, members of the John Vergelli, Senior Counsel, 60-Day Re- aviation industry, the public, and newal. Regulations and Security Standards, Federal oversight organizations have Department of Homeland Security, Notice—Informa- 08/13/08 73 FR 47203 identified areas where the Alien Flight tion Collection; Transportation Security Administration, Student Program (AFSP) could be 30-Day Re- Office of Chief Counsel, 601 South 12th improved. TSA’s internal procedures newal. Street, Arlington, VA 20598–6002, and processes for vetting applicants also Notice—Alien 04/13/09 74 FR 16880 Phone: 571 227–4416, Email: have improved and advanced. Flight Student [email protected]. Publishing a final rule that addresses Program Recur- Related RIN: Related to 1652–AA11 rent Training external recommendations and aligns RIN: 1652–AA70 Fees. with modern TSA vetting practices Notice—Informa- 09/21/11 76 FR 58531 would streamline the AFSP application, tion Collection; vetting, and recordkeeping process for 60-Day Re- DHS—TSA all parties involved. newal. Summary of Legal Basis: Notice—Informa- 01/31/12 77 FR 4822 Final Rule Stage tion Collection; 55. Flight Training for Aliens and Other Alternatives: 30-Day Re- Designated Individuals; Security Anticipated Cost and Benefits: TSA is newal. Notice—Informa- 03/10/15 80 FR 12647 Awareness Training for Flight School considering revising the requirements of tion Collection; Employees the AFSP to reduce costs and industry 60-Day Re- Priority: Other Significant. burden. For example, reporting and newal. E.O. 13771 Designation: Deregulatory. recordkeeping requirements for the Notice—Informa- 06/18/15 80 FR 34927 Legal Authority: 6 U.S.C. 469(b); 49 program are estimated at an annual cost tion Collection; U.S.C. 114; 49 U.S.C. 44939; 49 U.S.C. of $7.4 million, discounted at seven 30-Day Re- 46105 percent. This cost includes maintaining newal. CFR Citation: 49 CFR 1552. paper records on alien flight students. Final Rule ...... 09/00/18 Legal Deadline: Final, Statutory, TSA is considering an electronic February 10, 2004, sec. 612(a) of Vision recordkeeping platform where all flight Regulatory Flexibility Analysis 100 requires TSA to issue an interim providers would upload certain Required: No. final rule within 60 days of enactment information to a TSA-managed website. Government Levels Affected: None. of Vision 100. Also at industry’s request, TSA is URL For More Information: Requires the Transportation Security considering changing the interval for a www.regulations.gov. Administration (TSA) to establish a security threat assessment of each alien process to implement the requirements flight student, eliminating the URL For Public Comments: of sec. 612(a) of Vision 100—Century of requirement for a security threat www.regulations.gov. Aviation Reauthorization Act (Pub. L. assessment for each separate training Agency Contact: Johannes Knudsen, 108–176, Dec. 12, 2003; 117 Stat. 2490), event. This change would result in an Program Manager, Alien Flight Student including the fee provisions, not later annual savings, although there may be Program, Department of Homeland than 60 days after the enactment of the additional start-up and record retention Security, Transportation Security Act. costs for the agency as a result of these Administration, Office of Intelligence Abstract: The interim final rule (IFR) revisions. The benefits of these and Analysis, 601 South 12th Street, was published and effective on deregulatory actions would be Arlington, VA 20598–6010, Phone: 571 September 20, 2004. The IFR created a immediate cost savings to flight schools 227–2188, Email: johannes.knudsen@ new part 1552, Flight Schools, in title and alien students without tsa.dhs.gov. 49 of the Code of Federal Regulations compromising the security profile. Alex Moscoso, Chief Economist, (CFR). This IFR applies to flight schools Risks: Economic Analysis Branch—Cross and to individuals who apply for or Modal Division, Department of Timetable: receive flight training. TSA Homeland Security, Transportation subsequently issued exemptions and Action Date FR Cite Security Administration, Office of interpretations in response to comments Security Policy and Industry on the IFR and questions raised during Interim Final Rule; 09/20/04 69 FR 56324 Engagement, 601 South 12th Street, operation of the program since 2004. Request for Arlington, VA 20598–6028, Phone: 571 TSA also issued a fee notice on April Comments. 227–5839, Email: alex.moscoso@ 13, 2009. This regulation requires flight Interim Final Rule 09/20/04 tsa.dhs.gov. schools to notify TSA when aliens, and Effective. David Ross, Attorney–Advisor, other individuals designated by TSA, Interim Final Rule; 10/20/04 Regulations and Security Standards, apply for flight training or recurrent Comment Pe- Department of Homeland Security, training. TSA is considering a final rule riod End. Transportation Security Administration, that would change the frequency of Notice—Informa- 11/26/04 69 FR 68952 tion Collection; Office of Chief Counsel, 601 South 12th security threat assessments from a high- 60-Day Re- Street, Arlington, VA 20598–6002, frequency event-based interval to a newal. Phone: 571 227–2465, Email: time-based interval, clarify the Notice—Informa- 03/30/05 70 FR 16298 [email protected]. definitions and other provisions of the tion Collection; rule, and enable industry to use TSA- 30-Day Re- Related RIN: Related to 1652–AA61 provided electronic recordkeeping newal. RIN: 1652–AA35

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DHS—TSA access, without appropriate security Action Date FR Cite 56. Ronald Reagan Washington measures, increases the risk that an airborne strike initiated from DCA, Notice—Informa- 10/20/08 73 FR 62304 National Airport: Enhanced Security tion Collection; Procedures for Certain Operations located moments away from vital national assets, could occur. While TSA 60-Day Re- Priority: Other Significant. recognizes that such an impact may not newal. E.O. 13771 Designation: Deregulatory. cause substantial damage to property or Notice—Informa- 12/29/08 73 FR 79499 Legal Authority: 49 U.S.C. 114; 49 a large structure, it could potentially tion Collection; 30-Day Re- U.S.C. 40113; 49 U.S.C. 41718 note; 49 result in an undetermined number of U.S.C. 44901 to 44905; 49 U.S.C. 44916 newal. fatalities and injuries, as well as Notice—Informa- 02/29/12 77 FR 12321 to 44918; 49 U.S.C. 46105 reduced tourism. The resulting tragedies CFR Citation: 49 CFR 1520; 49 CFR tion Collection; would adversely impact the regional 60-Day Re- 1540; 49 CFR 1562. economies. Finalizing the IFR will Legal Deadline: None. newal. Abstract: The interim final rule (IFR), ensure the continued balance between Notice—Informa- 04/27/12 77 FR 25188 published by the Transportation these interests; providing access without tion Collection; decreasing security of the vital 30-Day Re- Security Administration (TSA) on July newal. 19, 2005, created a new part 1562, government assets in the Washington, DC metropolitan area. The security Notice—Informa- 01/03/16 81 FR 943 subpart B, for General Aviation (GA), in requirements in the final rule are tion Collection; title 49 of the Code of Federal necessary to defeat the threat posed by 60-Day Re- Regulations (CFR). The IFR restored newal. members of terrorist groups to vital U.S. access to Ronald Reagan Washington Notice—Informa- 03/17/16 81 FR 14470 assets and security, in a manner that National Airport (DCA) for passenger tion Collection; protects the nation’s transportation aircraft operations not otherwise 30-Day Re- systems to ensure freedom of regulated under 49 CFR 1546.101(a) or newal. movement. Final Rule ...... 06/00/18 (b) (foreign air carriers) or 49 CFR part Summary of Legal Basis: 1544 (U.S. air carriers operating under Alternatives: a full security program). From Anticipated Cost and Benefits: If TSA Regulatory Flexibility Analysis September 11, 2001, until the IFR repeals the requirement for an ASO, Required: No. became effective on August 18, 2005, with acceptance of alternative Small Entities Affected: Businesses, GA aircraft operations had been procedures in its place, this Organizations. prohibited at DCA. The IFR reopened modification is likely to provide Government Levels Affected: None. access to the extent requirements are commensurate levels of security at met to maintain the security of critical lower costs. To the extent these URL For More Information: Federal Government and other assets in alternative procedures include a www.regulations.gov. the Washington, DC metropolitan area. requirement for all passengers and URL For Public Comments: In general, this rule requires GA aircraft crewmembers to have a KTN, there is a www.regulations.gov. operators to adopt and carry out security dependency linked to the ability of Agency Contact: Kevin Knott, Branch measures that are comparable to the DHS/TSA to quickly process requests Manager, Industry Engagement security measures required of regularly for KTNs and the willingness of the Branch—Aviation Division, Department scheduled, commercial aircraft. This regulated parties (or their passengers) to of Homeland Security, Transportation rule also established security bear the cost of obtaining a KTN. The Security Administration, Office of procedures for GA aircraft operators and benefits of the repeal of the ASO Security Policy and Industry gateway airport operators, and security requirement would be cost savings to Engagement, 601 South 12th Street, requirements relating to crewmembers, DASSP operators from no longer having Arlington, VA 20598–6028, Phone: 571 passengers, and armed security officers to hire an ASO. DASSP operators would 227–4370, Email: kevin.knott@ onboard aircraft operating to or from receive a cost savings from no longer tsa.dhs.gov. DCA. TSA plans to take final action on hiring an ASO for each departure from the IFR to respond to the public or arrival into DCA. Alex Moscoso, Chief Economist, comments and close out this Risks: Economic Analysis Branch—Cross rulemaking. TSA is also considering a Timetable: Modal Division, Department of recommendation from the Aviation Homeland Security, Transportation Security Advisory Committee to remove Action Date FR Cite Security Administration, Office of the armed security officer requirement Security Policy and Industry for flights operating under the DCA Interim Final Rule; 07/19/05 70 FR 41586 Engagement, 601 South 12th Street, Request for Access Standard Security Program to Comments. Arlington, VA 20598–6028, Phone: 571 the extent other security safeguards are Interim Final Rule 08/18/05 227–5839, Email: alex.moscoso@ in effect, such as all passengers onboard Effective. tsa.dhs.gov. the flight having a Department of Interim Final Rule; 09/19/05 David Kasminoff, Senior Counsel, Homeland Security Known Traveler Comment Pe- Regulations and Security Standards, Number (KTN). riod End. Department of Homeland Security, Statement of Need: The purpose of Notice—Informa- 08/26/05 70 FR 50391 tion Collection; Transportation Security Administration, this regulation is to allow GA aircraft Office of Chief Counsel, 601 South 12th operations access to DCA without Approval and 60-Day Re- Street, Arlington, VA 20598–6002, decreasing the security of vital newal. Phone: 571 227–3583 Email: government assets in the Washington, Notice—Informa- 10/26/05 70 FR 61831 [email protected]. DC metropolitan area. Prohibiting GA tion Collection; access to DCA imposes an economic 30-Day Re- Related RIN: Related to 1652–AA08 hardship on these operations. But newal. RIN: 1652–AA49

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DHS—TSA as necessary, to implement these Action Date FR Cite 57. Security Training for Surface additional requirements. Statement of Need: Employee training NPRM Comment 03/16/17 Transportation Employees is an important and effective tool for Period End. Priority: Other Significant. Major averting or mitigating potential attacks Final Rule ...... 09/00/18 under 5 U.S.C. 801. by those with malicious intent who may E.O. 13771 Designation: Other. target surface transportation and plan or Regulatory Flexibility Analysis Legal Authority: 49 U.S.C. 114; Pub. L. perpetrate actions that may cause Required: Yes. 110–53, secs. 1405, 1408, 1501, 1512, significant injuries, loss of life, or Small Entities Affected: Businesses. 1517, 1531, and 1534 economic disruption. Government Levels Affected: Local. CFR Citation: 49 CFR 1500; 49 CFR Summary of Legal Basis: 49 U.S.C. URL For More Information: 1520; 49 CFR 1570; 49 CFR 1580; 49 114; sections 1402, 1408, 1501, 1517, www.regulations.gov. CFR 1582 (new); 49 CFR 1584 (new). 1531, and 1534 of Public Law 110–53, URL For Public Comments: Legal Deadline: Final, Statutory, Implementing Recommendations of the www.regulations.gov. November 1, 2007, Interim Rule for 9/11 Commission Act of 2007 (Aug. 3, Agency Contact: Chandru (Jack) Kalro, public transportation agencies is due 90 2007; 121 Stat. 266). Deputy Director, Surface Division, days after date of enactment. Alternatives: TSA is required by Department of Homeland Security, Final, Statutory, August 3, 2008, Rule statute to publish regulations requiring Transportation Security Administration, for public transportation agencies is due security training programs for these Office of Security Policy and Industry one year after date of enactment. owner/operators. As part of its notice of Engagement, 601 South 12th Street, Final, Statutory, February 3, 2008, proposed rulemaking, TSA sought Arlington, VA 20598–6028, Phone: 571 Rule for railroads and over-the-road public comment on alternatives in 227–1145, Email: surfacefrontoffice@ buses is due six months after date of which the final rule could carry out the tsa.dhs.gov. enactment. requirements of the statute. Alex Moscoso, Chief Economist, According to sec. 1408 of Public Law Anticipated Cost and Benefits: Economic Analysis Branch—Cross 110–53, Implementing Owner/operators will incur costs for Modal Division, Department of Recommendations of the 9/11 training their employees, developing a Homeland Security, Transportation Commission Act of 2007 (9/11 Act), training plan, maintaining training Security Administration, Office of (121 Stat. 266, Aug. 3, 2007), interim records, and participating in inspections Security Policy and Industry final regulations for public for compliance. Some owner/operators Engagement, 601 South 12th Street, transportation agencies are due 90 days will also incur additional costs Arlington, VA 20598–6028, Phone: 571 after the date of enactment (Nov. 1, associated with assigning security 227–5839, Email: alex.moscoso@ 2007), and final regulations are due one coordinators and reporting significant tsa.dhs.gov. year after the date of enactment. security incidents to TSA. TSA will Traci Klemm, Assistant Chief According to sec. 1517 of the 9/11 Act, incur costs associated with reviewing Counsel, Regulations and Security final regulations for railroads and over- owner/operators’ training plans, Standards, Department of Homeland the-road buses are due no later than six registering owner/operators’ security Security, Transportation Security months after the date of enactment. coordinators, responding to owner/ Administration, Office of Chief Counsel, Abstract: The 9/11 Act requires operators’ reported significant security 601 South 12th Street, Arlington, VA security training for employees of incidents, and conducting inspections 20598–6002, Phone: 571 227–3596, higher-risk freight railroad carriers, for compliance with this rule. In the Email: [email protected]. public transportation agencies NPRM, TSA estimated the annual cost Related RIN: Related to 1652–AA56, (including rail mass transit and bus from this regulation to be approximately Merged with 1652–AA57, Merged with systems), passenger railroad carriers, $22 million, discounted at 7 percent. As 1652–AA59 and over-the-road bus (OTRB) part of TSA’s risk-based security, RIN: 1652–AA55 companies. This final rule implements benefits include mitigating potential the regulatory mandate. Owner/ attacks by heightening awareness of operators of these higher-risk railroads, employees on the frontline. In addition, systems, and companies will be DHS—U.S. IMMIGRATION AND by designating security coordinators and required to train employees performing CUSTOMS ENFORCEMENT (USICE) reporting significant security concerns security-sensitive functions, using a to TSA, TSA has a direct line for Proposed Rule Stage curriculum addressing preparedness communicating threats and receiving • and how to observe, assess, and respond 58. Adjusting Program Fees for the information necessary to analyze trends to terrorist-related threats and/or Student and Exchange Visitor Program and potential threats across all modes of incidents. As part of this rulemaking, transportation. Priority: Other Significant. Major the Transportation Security Risks: The Department of Homeland status under 5 U.S.C. 801 is Administration (TSA) is expanding its Security aims to prevent terrorist attacks undetermined. current requirements for rail security within the United States and to reduce Unfunded Mandates: Undetermined. coordinators and reporting of significant the vulnerability of the United States to E.O. 13771 Designation: Other. security concerns (currently limited to terrorism. By providing for security Legal Authority: 8 U.S.C. 1372; 8 freight railroads, passenger railroads, training for personnel, TSA intends in U.S.C. 1762; 8 U.S.C. 1101; 8 U.S.C. and the rail operations of public this rulemaking to reduce the risk of a 1356; 31 U.S.C 901–903; 31 U.S.C. 902; transportation systems) to include the terrorist attack on this transportation ... bus components of higher-risk public sector. CFR Citation: 8 CFR 214. transportation systems and higher-risk Timetable: Legal Deadline: None. OTRB companies. TSA is also adding a Abstract: ICE will propose to adjust definition for Transportation Security- Action Date FR Cite fees that the Student and Exchange Sensitive Materials (TSSM). Other Visitor Program (SEVP) charges provisions are being amended or added, NPRM ...... 12/16/16 81 FR 91336 individuals and organizations. In 2017,

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SEVP conducted a comprehensive fee Potomac Center North STOP 5600, 500 proceedings consistent with its opinion. study and determined that current fees 12th Street SW, Washington, DC 20536– In January 1997, the parties reached a do not recover the full costs of the 5600, Phone: 703 603–5600. comprehensive settlement agreement, services provided. ICE has determined RIN: 1653–AA74 referred to as the FSA. The FSA was to that adjusting fees is necessary to fully terminate five years after the date of recover the increased costs of SEVP final court approval; however, the operations, program requirements, and termination provisions were modified in DHS—USICE to provide the necessary funding to 2001, such that the FSA does not sustain initiatives critical to supporting 59. • Apprehension, Processing, Care terminate until forty-five days after national security. ICE will propose to and Custody of Alien Minors publication of regulations implementing adjust its fees for individuals and Priority: Other Significant. Major the agreement. organizations to establish a more status under 5 U.S.C. 801 is Since 1997, intervening legal changes equitable distribution of costs and to undetermined. including passage of the HSA and establish a sustainable revenue level. Unfunded Mandates: Undetermined. TVPRA have significantly changed the The SEVP fee schedule was last E.O. 13771 Designation: Other. applicability of certain provisions of the adjusted in a rule published on Legal Authority: 8 U.S.C. 1103; 8 FSA. The proposed rule will codify the September 26, 2008. U.S.C. 1182; 8 U.S.C. 1225 to 1227; 8 substantive terms of the FSA and enable Statement of Need: The Student and U.S.C. 1362 the U.S. Government to seek Exchange Visitor Program (SEVP) CFR Citation: Not Yet Determined. termination of the FSA and litigation conducted a comprehensive fee study in Legal Deadline: None. concerning its enforcement. Through 2017 and determined that current fees, Abstract: In 1985, a class-action suit this rule, ICE will create a pathway to most recently adjusted in 2008, do not challenged the policies of the former ensure the humane detention of family recover the full costs of the services Immigration and Naturalization Service units while satisfying the goals of the provided. ICE has determined that (INS) relating to the detention, FSA. The rule will also implement adjusting fees is necessary to fully processing, and release of alien related provisions of the TVPRA. recover the increased costs of SEVP children; the case eventually reached Summary of Legal Basis: operations, program requirements, and the U.S. Supreme Court. The Court Alternatives: to provide the necessary funding to upheld the constitutionality of the Anticipated Cost and Benefits: ICE is implement and sustain initiatives challenged INS regulations on their face critical to supporting national security. in the process of determining the costs and remanded the case for further and benefits which would be incurred ICE will propose to adjust its fees for proceedings consistent with its opinion. individuals and organizations to by regulated entities and individuals, as In January 1997, the parties reached a well as the costs and benefits to ICE for establish a more equitable distribution comprehensive settlement agreement, and sustainable level of costs relevant to ensuring compliance with the referred to as the Flores Settlement requirements of this rule. services. Agreement (FSA). The FSA was to Summary of Legal Basis: ICE expects to incur costs related to terminate five years after the date of new or additional procedures for Alternatives: final court approval; however, the Anticipated Cost and Benefits: ICE is immigration proceedings for alien termination provisions were modified in minors. Benefits include enhancing the in the process of assessing the costs, 2001, such that the FSA does not benefits, and transfers of this rule. In process and protections for alien terminate until forty-five days after minors. This regulation will also order to recover the full cost of its publication of regulations implementing budget for the services it provides, SEVP strengthen DHS efforts to combat human the agreement. trafficking of minors. Other benefits are proposes to increase the amounts of its Since 1997, intervening statutory enabling the U.S. Government to seek fees for SEVP certified schools and for changes, including passage of the termination of the FSA and litigation those schools that will seek SEVP Homeland Security Act (HSA) and the concerning its enforcement, as well as certification, for F and M nonimmigrant William Wilberforce Trafficking Victims bringing clarity and certainty to the students, and for J nonimmigrant Protection Reauthorization Act of 2008 process of addressing alien minors. exchange visitors. The fee adjustment (TVPRA), have significantly changed the would allow to continue to maintain applicability of certain provisions of the Risks: and improve SEVIS in order to uphold FSA. The proposed rule will codify the Timetable: the integrity of the U.S. immigration substantive terms of the FSA and enable laws regarding student and exchange the U.S. Government to seek Action Date FR Cite visitors. termination of the FSA and litigation NPRM ...... 09/00/18 Risks: concerning its enforcement. Through Timetable: this rule, ICE will create a pathway to Regulatory Flexibility Analysis Action Date FR Cite ensure the humane detention of family Required: Undetermined. units while satisfying the goals of the Government Levels Affected: NPRM ...... 04/00/18 FSA. The rule will also implement related provisions of the TVPRA. Undetermined. Regulatory Flexibility Analysis Statement of Need: In 1985, a class- Federalism: Undetermined. Required: Undetermined. action suit challenged the policies of the Agency Contact: Sara Shaw, Deputy Government Levels Affected: Federal, former INS relating to the detention, Assistant Director, Department of Local, State. processing, and release of alien Homeland Security, U.S. Immigration Federalism: Undetermined. children; the case eventually reached and Customs Enforcement, 500 12th Agency Contact: Sharon Snyder, Unit the U.S. Supreme Court. The Court Street SW, Washington, DC 20536, Chief, Policy and Response Unit, upheld the constitutionality of the Phone: 202 732–3994, Email: Department of Homeland Security, U.S. challenged INS regulations on their face [email protected]. Immigration and Customs Enforcement, and remanded the case for further RIN: 1653–AA75

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DHS—USICE DHS—FEDERAL EMERGENCY Summary of Legal Basis: FEMA has 60. • Practical Training Reform MANAGEMENT AGENCY (FEMA) authority for this final rule pursuant to the Robert T. Stafford Disaster Relief Final Rule Stage Priority: Other Significant. Major and Emergency Assistance Act (Stafford status under 5 U.S.C. 801 is 61. Factors Considered When Act). 42 U.S.C. 5121 et seq. Section 401 undetermined. Evaluating a Governor’s Request for of the Stafford Act lays out the Unfunded Mandates: Undetermined. Individual Assistance for a Major procedures for a declaration for FEMA’s E.O. 13771 Designation: Other. Disaster major disaster assistance programs Legal Authority: Not Yet Determined when a catastrophe occurs in a State. CFR Citation: Not Yet Determined. Priority: Other Significant. E.O. 13771 Designation: Fully or The specific changes in this final rule Legal Deadline: None. comply with section 1109 of SRIA, Abstract: ICE will propose this rule to Partially Exempt. Legal Authority: 42 U.S.C. 5121 to Public Law 113–2. improve protections of U.S. workers Alternatives: who may be negatively impacted by 5207 Anticipated Cost and Benefits: The employment of nonimmigrant students CFR Citation: 44 CFR 206.48(b). 2015 NPRM proposed to codify current on F and M visas. The rule is a Legal Deadline: Final, Statutory, declaration considerations and comprehensive reform of practical January 29, 2014, Section 1109 of the introduced new factors that FEMA training options intended to reduce Sandy Recovery Improvement Act of would use when reviewing and fraud and abuse. 2013, Public Law 113–2. recommending a major disaster Statement of Need: ICE will prepare The Sandy Recovery Improvement declaration request that includes IA. this rule to improve protections of U.S. Act of 2013 (SRIA) requires the Codifying the factors that capture workers who may be negatively Administrator of the Federal Emergency FEMA’s current declaration practice and impacted by employment of Management Agency (FEMA), in considerations would not result in nonimmigrant students on F and M cooperation with representatives of additional costs. However, the new visas. The rule would implement new State, tribal, and local emergency factors would have small burden requirements that would reduce fraud management agencies, to review, increases associated with obtaining the and abuse in the practical training update, and revise through rulemaking additional information. FEMA does not programs. The proposed provisions the individual assistance factors FEMA anticipate the rule would impact the include increased oversight of the uses to measure the severity, magnitude, number of major disaster declaration schools and students participating in and impact of a disaster (not later than requests received that include IA or the the program to ensure compliance with 1 year after enactment). amount of IA assistance provided, and requirements of the program. Abstract: FEMA is issuing a final rule therefore there would be no impact to Summary of Legal Basis: to revise its regulations to comply with transfer payments. Alternatives: Section 1109 of SRIA. SRIA requires FEMA estimated the 10-year present Anticipated Cost and Benefits: ICE is FEMA, in cooperation with State, local, value total cost of the proposed rule in the process of assessing the costs and and Tribal emergency management would be $15,806 and $13,302 if benefits that would be incurred by agencies, to review, update, and revise discounted at 3 and 7 percent, regulated entities and individuals, as through rulemaking the Individual respectively. The annualized cost of the well as the costs and benefits to the Assistance factors FEMA uses to proposed rule would be $1,853 at 3 public at large. ICE, SEVP certified measure the severity, magnitude, and percent and $1,894 at 7 percent. (All schools, nonimmigrant students who impact of a disaster. FEMA published a amounts in the NPRM are presented in participate in practical training, and Notice of Proposed Rulemaking on the 2013 dollars.) Benefits of the proposed their employers for practical training matter on November 12, 2015. rule include clarifying FEMA’s existing would incur costs for increased Statement of Need: On January 29, practices, reducing processing time for oversight requirements. This rule is 2013, SRIA was enacted into law (Pub. requests due to clarifications, and intended to decrease the incidence of L. 113–2). Section 1109 of SRIA requires providing States with notice of the new immigrant employment fraud and FEMA, in cooperation with State, local, information FEMA is proposing to improve the integrity of nonimmigrant and Tribal emergency management consider as part of the IA declarations student employment opportunities. agencies, to review, update, and revise process. Risks: through rulemaking the factors found at Risks: Timetable: 44 CFR 206.48 that FEMA uses to Timetable: determine whether to recommend Action Date FR Cite provision of Individual Assistance (IA) Action Date FR Cite during a major disaster. These factors NPRM ...... 10/00/18 help FEMA measure the severity, NPRM ...... 11/12/15 80 FR 70116 magnitude, and impact of a disaster, as NPRM Comment 01/11/16 Regulatory Flexibility Analysis well as the capabilities of the affected Period End. Final Rule ...... 09/00/18 Required: Undetermined. jurisdictions. Government Levels Affected: FEMA is issuing this final rule to Regulatory Flexibility Analysis Undetermined. comply with SRIA and to provide Required: No. Federalism: Undetermined. clarity on the IA factors that FEMA Small Entities Affected: No. Agency Contact: Sharon Snyder, Unit currently considers in support of its Government Levels Affected: Federal, Chief, Policy and Response Unit, recommendation to the President on State, Tribal. Department of Homeland Security, U.S. whether a major disaster declaration Additional Information: Docket ID Immigration and Customs Enforcement, authorizing IA is warranted. The FEMA–2014–0005. Potomac Center North STOP 5600, 500 additional clarity may reduce delays in URL For More Information: 12th Street SW, Washington, DC 20536– the declaration process by decreasing www.regulations.gov. 5600, Phone: 703 603–5600. the back and forth between States and URL For Public Comments: RIN: 1653–AA76 FEMA during the declaration process. www.regulations.gov.

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Agency Contact: Mark Millican, Executive Order 13777 supplements and Register announcing which provisions Individual Assistance Division, reaffirms the rulemaking principles of of the statute were self-implementing Department of Homeland Security, Executive Order 13771 by directing each and which would require further action Federal Emergency Management agency to establish a Regulatory Reform by HUD. This was followed up by a Agency, 500 C Street SW, Washington, Task Force to evaluate existing notice for comment on November 29, DC 20472–3100, Phone: 202 212–3221, regulations to identify those that merit 2016 (81 FR 85996) seeking public input Email: fema-ia-regulations@ repeal, replacement, modification, are on the best way to determine the income fema.dhs.gov. outdated, unnecessary, or are limit for public housing residents. RIN: 1660–AA83 ineffective, eliminate or inhibit job HUD published another notice in the Federal Register on January 18, 2017 BILLING CODE 9110–9B–P creation, impose costs that exceed benefits, or derive from or implement (82 FR 5458), utilizing authority granted Executive Orders that have been by HOTMA to implement certain rescinded or significantly modified. provisions by notice, but also soliciting DEPARTMENT OF HOUSING AND HUD’s Regulatory Reform Task Force public comment on HUD’s URBAN DEVELOPMENT has been hard at work to provide implementation methods. That notice implemented new statutory provisions Fall 2017 Statement of Regulatory recommendations on which regulations regarding certain inspection Priorities for Fiscal Year 2018 to repeal, modify or keep to ensure those that remain effectively manage requirements for both housing choice Introduction scarce federal resources, adequately voucher (HCV) tenant-based and PBV The Regulatory Plan for the protect low-income families and assistance (found in § 101(a)(1) of HOTMA), the definition of public Department of Housing and Urban facilitate the development of affordable housing agency (PHA)-owned housing Development (HUD) for Fiscal Year (FY) housing and provide the provide the (§ 105 of HOTMA), and changes to the 2018 highlights the most significant opportunity for families to become self- PBV program at large (§ 106 of HOTMA) regulations and policy initiatives that sufficient. As a result, HUD’s Fall 2017 by providing the additional information HUD seeks to complete during the Unified Agenda of Regulatory and needed for PHAs and owners to use upcoming fiscal year. As the federal Deregulatory Actions lists two those provisions. The notice also agency that serves as the nation’s anticipated regulatory actions and implemented and provided guidance on housing agency, committed to eleven deregulatory actions. the statutory change to the HCV housing addressing the housing needs of The rules highlighted in HUD’s assistance payment (HAP) calculation Americans, promoting economic and regulatory plan for FY2018 reflect HUD’s efforts to fulfill its mission and for families who own manufactured community development, and enforcing housing and are renting the the nation’s fair housing laws, HUD improve performance, including by removing regulations that HUD has manufactured home space (§ 112 of plays a significant role in the lives of HOTMA). families and in communities throughout determined are outdated, unnecessary, or are ineffective. Many of the statutory provisions in America. The Department’s programs HOTMA are intended to streamline help to provide decent, safe, and Implementing the Housing Opportunity administrative processes and reduce sanitary housing, and create suitable Through Modernization Act of 2016 burdens on PHAs and private owners. living environments for all Americans. The January 18, 2017, notice Regulatory Priority: Deregulation HUD also provides housing and other implemented provisions that reduced essential support to a wide range of The Housing Opportunity Through the number and frequency of individuals and families with special Modernization Act of 2016 (HOTMA) inspections required before allowing a needs, including homeless individuals, (Pub. L. 114–201, approved July 29, family to move into a unit, limited the the elderly, and persons with 2016) amended the United States definition of PHA-owned housing and disabilities. Housing Act of 1937 (1937 Act) and therefore reduced requirements for HUD’s regulatory plan for FY2018 other housing laws to modify multiple getting third parties involved in reflects the leadership and vision of HUD programs, along with the inspections, and reduced some of the Secretary Carson who has directed Department of Agriculture’s Single requirements for submission to HUD for HUD, consistent with Executive Order Family Housing Guaranteed Loan PHAs looking to project-base voucher 13771, entitled ‘‘Reducing Regulation Program. Significant amendments assistance in projects currently under and Controlling Regulatory Costs,’’ to included setting a maximum income contract or previously assisted under a identify and eliminate or streamline level for continued occupancy in public different form of assistance. Other regulation that are wasteful, inefficient housing, expanding the availability of provisions in HOTMA not yet or unnecessary. Executive Order 13771 Family Unification Program vouchers implemented increase a PHA’s ability to directs that agencies manage the costs for children aging out of foster care, access databases to ease the burden of associated with the governmental changes to the housing quality verifying income and also allow a imposition of private expenditures standards for Section 8 Voucher units, family to self-certify as to the value of required to comply with Federal multiple changes to the Project-Based their assets when their assets are valued regulations. Toward this end, Executive Voucher (PBV) program, modifying at less than $50,000. Order 13771 directs that for every one requirements for mortgage insurance for HUD further intends to implement the new regulation issued, at least two prior condominiums under the Federal new HOTMA provisions in such a way regulations be identified for elimination Housing Administration, creating a as to align policies and procedures and requires that the cost of planned Special Assistant for Veterans Affairs in across program offices, to include regulations be prudently managed and HUD, and changing the allocation multifamily programs and programs that controlled. Consistent with this policy formula for the Housing Opportunities are administered by the Office of goal, the Secretary has also led HUD’s for Persons With AIDS (HOPWA) Community Planning and Development. implementation of Executive Order program. Alignment will reduce disparities 13777, entitled ‘‘Enforcing the On October 24, 2016, at 81 FR 73030, between the programs and better enable Regulatory Reform Agenda.’’ The HUD issued a notice in the Federal PHAs and owners to use multiple forms

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of assistance to best serve their their assets when their assets are valued Agency Contact: Danielle Bastarache, communities. at less than $50,000, which reduces the Deputy Assistant Secretary, Office of HUD intends to complete this work required to determine the family’s Policy, Programs and Legislative rulemaking in Fiscal Year 2018. annual income. Initiatives, Department of Housing and HUD CPD programs that have Aggregate Costs and Benefits Urban Development, Office of Public mimicked provisions in the U.S. and Indian Housing, 451 Seventh Street Executive Order 12866, as amended, Housing Act of 1937 that were changed SW, Room 3178, Washington, DC 20410, requires the agency to provide its best by HOTMA will also be affected. Phone: 202 402–5264. estimate of the combined aggregate costs Alignment will reduce disparities RIN: 2577–AD03 and benefits of all regulations included between the programs and better enable in the agency’s Regulatory Plan that will PHAs and owners to use multiple forms be pursued in FY 2018. HUD expects of assistance to best serve their HUD—OFFICE OF HOUSING (OH) that the neither the total economic costs communities. nor the total efficiency gains will exceed Final Rule Stage $100 million. Statement of Need HUD Office: Offices of the Assistant HOTMA provided HUD the authority 62. Project Approval for Single Family Secretary for Public and Indian to implement some statutory changes by Condominium (FR–5715) Housing, Assistant Secretary for notice, but not all of the changes Priority: Other Significant. Housing, and Assistant Secretary for included that authority. For those E.O. 13771 Designation: Deregulatory. Community Planning and Development, changes that were implemented by Legal Authority: 12 U.S.C. 1707, 1709, HUD. notice, HUD must make conforming 1710; 12 U.S.C. 1715b; 12 U.S.C. 1715y; Rulemaking Stage: Proposed Rule. changes to the regulations. 12 U.S.C. 1715z–16; 12 U.S.C. 1715u; 42 Priority: Significant. Alternatives: None. U.S.C. 3535(d) Legal Authority: 42 U.S.C. 1437a; 42 CFR Citation: 24 CFR 203. U.S.C. 1437f; 42 U.S.C. 3535(d); Pub. L. Anticipated Costs and Benefits Legal Deadline: None. 114–201, 130 Stat. 782 Many of the changes included Abstract: Through this rule, HUD will CFR Citation: 24 CFR parts 5, 92, 574, additional flexibilities for public amend its policies and procedures for 576, 583, 850, 880, 882, 884, 886, 891, housing agencies (PHAs) and private projects to be approved as 960,982, 983. owners, such as allowing for alternative condominiums in which individual Legal Deadline: None. inspection methods to reduce units would be eligible for mortgage Abstract: Through this rule, HUD duplicative inspections, reducing insurance. Insurance of condominiums proposes to codify the changes the paperwork requirements for project- in approved projects was first Housing Opportunity Act of 2016 basing vouchers in PHA-owned authorized by the Housing and (HOTMA) made to the U.S. Housing Act properties, and allowing for longer-term Economic Recovery Act (HERA) of 2008. of 1937 that affect the Section 8 Project- housing assistance payments contracts. HERA moved the insurance of a single Based Rental Assistance (PBRA), The rule will also provide for more unit condominium unit in a project Housing Choice Voucher (HCV) and timely reviews of significant changes in without a blanket mortgage from Section Public Housing programs. The areas family income to ensure the effective 234 of the National Housing Act. There most impacted by HOTMA include unit provision of assistance. are no existing regulations under section inspections in the HCV program, Compliance costs are expected to be 203. While HERA permitted the project-based voucher assistance in the minimal and one-time as PHAs and program to be operated via guidance HCV program; income and rent owners shift their practices to meet the pending the issuance of regulations, calculations for Public Housing, HCV, new requirements. more recently, the Housing Opportunity and multifamily housing programs, and Risks: Reduced oversight of unit Through Modernization Act of 2016, operating fund and capital fund quality could increase the amount of Public Law 114–201 (HOTMA) contains flexibility in public housing. poor housing quality, but the increased specific provisions regarding Many of the statutory provisions in flexibilities will allow HUD, PHAs, and condominiums under section 203. HOTMA are intended to streamline private owners to better direct resources Relevant to this rule, HOTMA requires: administrative processes and reduce to entities that pose higher risks, changes in requirements for project burdens on PHAs and private owners. improving the overall quality and recertification; requests for exceptions The January 18, 2017, notice effectiveness of the programs. to the commercial space percentage implemented provisions that reduced Timetable: requirement to be made either through the number and frequency of the HUD review process or through the inspections required before allowing a Action Date FR Cite lender review and approval process; and family to move into a unit, limited the for HUD to issue guidance, by rule, definition of PHA-owned housing and Federal Register 10/24/ 81 FR 73030 notice, or mortgagee letter, regarding the therefore reduced requirements for Notice. 2016 percentage of units that must be owner- getting third parties involved in Federal Register 01/18/ 82 FR 5458 Notice. 2017 occupied, including as a secondary inspections, and reduced some of the Next Action ...... 06/00/ residence. The rule also includes a requirements for submission to HUD for 2018 savings provision preserving section 234 PHAs looking to project-base voucher insurance where the project has a assistance in projects currently under Regulatory Flexibility Analysis blanket mortgage. contract or previously assisted under a Required: No. Statement of Need: The Housing different form of assistance. Other Small Entities Affected: No. Opportunities through Modernization provisions in HOTMA not yet Government Levels Affected: State, Act of 2016 requires HUD to issue implemented increase a PHA’s ability to Local. regulations on the commercial space access databases to ease the burden of Federalism Affected: No. requirements for condominium projects; verifying income and also allow a Energy Affected: No. these regulations would be codified in family to self-certify as to the value of International Impacts: No. HUD’s Code of Federal Regulations

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(CFR) volume. Having one portion of the and would have authority to take operating fund and capital fund basic program rules codified in the CFR corrective actions if a lender’s flexibility in public housing. HUD CPD and others not codified would be performance is deficient. In addition, programs that have mimicked confusing and unfriendly to the public. single unit approvals would require that provisions in the U.S. Housing Act of Additionally, the current program rules HUD not insure mortgages in an 1937 that were changed by HOTMA will are overly rigid. The rule will add unapproved project if the percentage of also be affected. needed flexibility and logically codify such mortgages exceeds an amount Statement of Need: HOTMA provided the basic rules of the program, similar determined by the Commissioner to be HUD the authority to implement some to HUD’s other single-family programs. necessary for the protection of the statutory changes by notice, but not all Summary of Legal Basis: The legal insurance fund. of the changes included that authority. basis (in addition to HUD’s general Timetable: For those changes that were rulemaking authority under 42 U.S.C. implemented by notice, HUD must 3535(d)) is the definition of mortgage in Action Date FR Cite make conforming changes to the section 201 of the Act (12 U.S.C. 1707), regulations. which definition also applies to section NPRM ...... 09/28/16 81 FR 66565 203 of the Act (12 U.S.C. 1709). The NPRM Comment 11/28/16 Summary of Legal Basis: 42 U.S.C. definition was revised by the Housing Period End. 1437a; 42 U.S.C. 1437f; 42 U.S.C. Final Action ...... 03/00/18 and Economic Recovery Act of 2008 3535(d). (Pub. L. 110–289, approved July 30, Regulatory Flexibility Analysis Alternatives: None. 2008) to include a mortgages on a one- Required: No. Anticipated Cost and Benefits: Many family unit in a multifamily project, and Government Levels Affected: None. of the changes included additional an undivided interest in the common URL For Public Comments: flexibilities for public housing agencies areas and facilities which serve the (PHAs) and private owners, such as project (this is the arrangement that www.regulations.gov/ allowing for alternative inspection characterizes the large majority of condo searchResults?rpp=25&po=0&s=FR- methods to reduce duplicative projects). More recently, the Housing 5715&fp=true&ns=true. inspections, reducing paperwork Opportunity Through Modernization Agency Contact: Elissa Saunders, requirements for project-basing Act (Pub. L. 114–201, approved July 29, Director, Office of Single Family vouchers in PHA-owned properties, and 2016), requires HUD to: Streamline the Program Development, Office of condominium recertification process; Housing, Department of Housing and allowing for longer-term housing issue regulations to amend the Urban Development, Office of Housing, assistance payments contracts. The rule limitations on commercial space to 451 Seventh Street, Washington, DC will also provide for more timely allow such requests to be processed 20410, Phone: 202 708–2121. reviews of significant changes in family under either HUD or lender review and RIN: 2502–AJ30 income to ensure the effective provision to consider factors relating to the of assistance. Compliance costs are economy for the locality in which such expected to be minimal and one-time as PHAs and owners shift their practices to project is located or specific to project, HUD—OFFICE OF PUBLIC AND INDIAN meet the new requirements. including the total number of family HOUSING (PIH) units in the project. HUD will be Risks: Reduced oversight of unit addressing these issues through the Proposed Rule Stage quality could increase the amount of regulation. 63. • Housing Opportunity Through poor housing quality, but the increased Alternatives: None. Modernization Act of 2016 (FR–6057) flexibilities will allow HUD, PHAs, and Anticipated Cost and Benefits: The private owners to better direct resources rule will produce cost savings of $1 Priority: Other Significant. Major to entities that pose higher risks, million per year by reducing the status under 5 U.S.C. 801 is improving the overall quality and paperwork required for recertification of undetermined. effectiveness of the programs. an approved project. There are some E.O. 13771 Designation: Deregulatory. Timetable: costs associated with qualifying to Legal Authority: Pub. L. 114–201; 130 Stat. 782 participate in the Direct Endorsement Action Date FR Cite Lender Review and Approval Process CFR Citation: 24 CFR 5; 24 CFR 92; (DELRAP). However, HUD anticipates 24 CFR 574; 24 CFR 576; 24 CFR 583; NPRM ...... 06/00/18 that many provisions of the rule, such 24 CFR 850; 24 CFR 880; 24 CFR 882; 24 CFR 884; 24 CFR 886; 24 CFR 891; as single-unit approvals, flexible Regulatory Flexibility Analysis 24 CFR 960; 24 CFR 982; 24 CFR 983. standards, and a longer interval for Required: No. condominium approvals would reduce Legal Deadline: None. or eliminate the compliance costs of the Abstract: Through this rule, HUD Small Entities Affected: No. rule. proposes to codify the changes the Government Levels Affected: Local, Risks: The DELRAP process (which Housing Opportunity Act of 2016 State. gives underwriting responsibility to (HOTMA) made to the U.S. Housing Act Agency Contact: Danielle Bastarache, qualified lenders) and single unit of 1937 that affect the Section 8 Project- Deputy Assistant Secretary, Office of approvals (which allow HUD to insure Based Rental Assistance (PBRA), Policy & Legislative Initiatives, mortgages in unapproved condominium Housing Choice Voucher (HCV) and Department of Housing and Urban projects) could increase the risk of Public Housing programs. The areas Development, Office of Public and defaults. However, the rule would add most impacted by HOTMA include unit Indian Housing, 451 7th Street SW, safeguards to fully mitigate these risks. inspections in the HCV program, Washington, DC 20410, Phone: 202 402– The participating DELRAP lenders project-based voucher assistance in the 5264. would have to meet qualification HCV program; income and rent standards, and HUD would monitor calculations for Public Housing, HCV, RIN: 2577–AD03 their performance on an ongoing basis, and multifamily housing programs, and BILLING CODE 4210–67–P

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DEPARTMENT OF THE INTERIOR • Promoting American Energy Bureau of Ocean Energy Management REGULATORY PLAN Independence will review • Increasing outdoor recreation Æ Introduction The proposed rule ‘‘Offshore Air opportunities for all Americans Quality Control, Reporting, and The U.S. Department of the Interior • Enhancing conservation Compliance’’ published on April 5, (Interior) serves the American people by stewardship 2016. See 81 FR 19717; • managing one in every five acres of land Improving management of species Æ The final rule ‘‘Oil and Gas and in the United States, as well as on the and their habitats Sulfur Operations in the Outer • Outer Continental Shelf. Interior Upholding trust responsibilities to Continental Shelf—Blowout Preventer manages these resources under a legal the federally recognized American Systems and Well Control,’’ published framework that includes regulations that Indian and Alaska Native tribes and on April 29, 2016. See 81 FR 25887, and ultimately affect many American’s lives addressing the challenges of economic Æ The final rule ‘‘Oil and Gas and and livelihoods. Interior’s Office of development. Sulfur Operations on the Outer Natural Resources Revenue (ONRR) Continental Shelf—Requirements for collects over $10 billion dollars Promoting American Energy Exploratory Drilling on the Arctic Outer annually from onshore and offshore Independence Continental Shelf,’’ published on July energy production, one of the Federal In Executive Order 13783, Promoting 15, 2016. See 81 FR 46478. Government’s largest sources of non-tax Energy Independence and Economic revenue. Growth (March 28, 2017), President Increasing Outdoor Recreation for All Interior manages more than 500 Trump announced it was in the national Americans, Enhancing Conservation million acres of Federal lands, including interest to promote clean and safe Stewardship, and Improving more than 400 park units, more than development of our Nation’s vast energy Management of Species and Their 500 wildlife refuges, and more than a resources, while at the same time Habitat billion submerged offshore acres. avoiding regulatory burdens that On March 2, 2017, Secretary Zinke Hundreds of millions of people visit unnecessarily encumber energy signed Secretarial Order (S.O.) 3347, Interior-managed lands each year for production, constrain economic growth, Conservation Stewardship and Outdoor camping, hiking, hunting, and other and prevent job creation. The Executive Recreation, which established a goal to outdoor recreation, which supports Order directed the executive enhance conservation stewardship, local communities and their economies. departments and agencies to increase outdoor recreation, and Interior provides access on public lands immediately review existing regulations improve the management of game for energy development, which creates that potentially burden the development species and their habitat. In S.O. No. jobs and stimulates the U.S. economy. or use of domestically produced energy 3356, Hunting, Fishing, Recreational Interior manages water projects that are resources and appropriately suspend, Shooting, and Wildlife Conservation a lifeline and economic engine for many revise, or rescind those that unduly Opportunities and Coordination with communities in the West; and manages burden the development of domestic States, Tribes, and Territories forests and fights wildfires. energy resources beyond the degree necessary to protect the public interest (September 15, 2017), Interior Regulatory Reform or otherwise comply with the law. announced continued efforts to enhance conservation stewardship; increase President Trump has made it a Interior’s review and actions are outdoor recreation opportunities for all priority of his administration to reform included in its Final Report on Actions Americans, including opportunities to regulatory requirements that negatively that Potentially Burden Domestic hunt and fish; and improve the impact our economy while maintaining Energy (Final Energy Report). This management of game species and their environmental standards. Since day report is available on the internet at habitats for this generation and beyond. one, Secretary Zinke has been https://www.doi.gov/sites/doi.gov/files/ committed to regulatory reform. Interior uploads/interior_energy_actions_report_ To help meet these goals, S.O. 3356 is playing a key role in regulatory final.pdf. directs, among other actions, Interior reform and, pursuant to Executive Order Among the actions that Interior bureaus and offices to: 13777, has established a Regulatory identified and explained more fully in • Work cooperatively with state, Reform Task Force to make Interior’s the Final Energy Report are the tribal, and territorial wildlife agencies to regulations work better for the American following: ensure that hunting and fishing people. Interior continues to encourage • BLM published a proposed rule on regulations for Department lands and and seek public input on these July 25, 2017 (82 FR 24464), to rescind waters complement the regulations on regulatory reform efforts. See (82 FR the final rule entitled ‘‘Oil and Gas; the surrounding lands and waters to the 28429, June 22, 2017) and https:// Hydraulic Fracturing on Federal and extent legally practicable; www.doi.gov/regulatory-reform. Interior Indian Lands,’’ 80 FR 16128 (March 26, • in close coordination and is committed to a conservation ethic 2015). cooperation with the appropriate state, that also recognizes that unnecessary • BLM will review and revise the tribal, or territorial wildlife agency, regulations create harmful economic final rule entitled ‘‘Waste Prevention, begin the necessary process to modify consequences on the U.S. economy. Production Subject to Royalties, and regulations in order to advance shared Therefore, Interior expects to reduce Resource Conservation,’’ 81 FR 83008 wildlife conservation goals/objectives regulatory burdens, promote effective (November 18, 2016). that align predator management and efficient regulations, and respect • The U.S. Fish and Wildlife Service programs, seasons, and methods of take property rights as it implements its will review the final rule entitled permitted on all Department-managed regulatory agenda for fiscal year 2018. ‘‘Management of Non-Federal Oil and lands and waters with corresponding Gas Rights,’’ 81 FR 79948 (November 14, programs, seasons, and methods Regulatory and Deregulatory Priorities 2016); and established by state, tribal, and Interior’s regulatory and deregulatory • the Bureau of Safety and territorial wildlife management agencies priorities focus on: Environmental Enforcement and/or the to the extent legally practicable; and

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• create a plan to update all existing subject to BIA regulations, in Deregulatory and Regulatory Actions regulations to be consistent with the accordance with Executive Order (E.O.) BLM has identified the following four Order. 13771, Reducing Regulation and deregulatory actions for the coming year Upholding Trust Responsibilities to the Controlling Regulatory Costs, and E.O. with total estimated cost savings of at Federally Recognized American Indian 13777, Enforcing the Regulatory Reform least $156 million: and Alaska Native Tribes and Agenda. BIA has identified one • Rescission of the 2015 BLM Addressing the Challenges of Economic deregulatory action on the current Hydraulic Fracturing Rule (RIN 1004– Development Agenda that would streamline the right- AE51) of-way process for governmental entities • Waste Prevention, Production BIA is committed to identifying seeking a waiver of the requirement to Subject to Royalties, and Resource opportunities to promote economic obtain a bond in certain cases. BIA has Conservation; Delay and Suspension of growth and the welfare of the people one significant regulatory action on the Implementation Dates for Certain BIA serves by removing barriers to the Agenda that would revise existing Requirements (RIN 1004–AE54) development of energy and other regulations governing off-reservation • Revision or Rescission of the 2016 resources in Indian country. trust acquisitions to establish new items Waste Prevention, Production Subject to Aggregate Deregulatory and Significant that must be included in an application Royalties, and Resource Conservation Regulatory Actions and threshold criteria that must be met rule (RIN 1004–AE53) • Interior has made substantial progress for off-reservation acquisitions before Resource Management Planning reducing its regulatory burdens upon National Environmental Policy Act (RIN 1004–AE39—CRA nullification the American public. After a thorough (NEPA) compliance will be required. conforming rule) review of existing regulations planned The rule would also reinstate the 30-day BLM has no significant regulatory for publication, Interior removed 154 delay for taking land into trust following actions subject to E.O. 13771 planned in regulatory actions from its Spring 2017 a decision by the Secretary or Assistant FY 2018. • Rescission of the 2015 BLM Agenda of Regulatory Actions. This Secretary. This rule is expected to have Hydraulic Fracturing Rule reduced its previous inventory of 321 by de minimis economic impacts and In March 2015, the BLM finalized a almost half. In fiscal year 2018, Interior therefore likely exempt from offset rule that would impose requirements on expects to finalize 28 deregulatory requirements under E.O. 13771. operators using hydraulic fracturing on actions, resulting in more than a billion Because many of its existing Federal and Indian oil and gas leases. net present dollars (present value) of regulations require compliance with the However, before the rule became deregulatory cost savings. Interior does NEPA, BIA will examine whether it can effective, a U.S. Federal District Court not currently expect to publish any streamline NEPA implementation, in granted a preliminary injunction and significant regulatory actions during the accordance with E.O. 13807, then set aside the rule, preventing the next year that are subject to E.O. 13771. BLM from implementing it. The rule has Throughout this document, the terms Establishing Discipline and never gone into effect. The Court of ‘‘deregulatory action’’ and ‘‘significant Accountability in the Environmental Appeals for the Tenth Circuit, however, regulatory action’’ refer to actions that Review and Permitting Process for vacated the district court’s decision in are subject to E.O. 13771. Infrastructure Projects, and S.O. 3355, Streamlining National Environmental September 2017. If there are no further Bureaus and Offices Within the Policy Act Reviews and Implementation proceedings in the Tenth Circuit, the Department of the Interior of Executive Order 13807. mandate will issue to the district court The following sections give an on November 13, 2017. If that were to Bureau of Land Management overview of some of the major happen, the BLM would need to decide how to phase in compliance with the deregulatory and regulatory priorities of The Bureau of Land Management rule. The rescission of these DOI bureaus and offices. (BLM) manages more than 245 million requirements would not leave hydraulic Indian Affairs acres of public land, primarily located fracturing operations unregulated, as in 12 Western states including Alaska. The Bureau of Indian Affairs (BIA) operators still need to comply with The BLM also administers 700 million other Federal regulations and enhances the quality of life, promotes acres of sub-surface mineral estate economic opportunity, and protects and requirements, state regulations, and throughout the nation, creating jobs improves the trust assets of tribal regulations, where applicable. throughout the country and generating approximately 1.9 million American This is a good example of a regulation non-tax royalty revenue for the Federal Indians, Indian tribes, and Alaska that is a prime candidate for regulatory government. As stewards, BLM has a Natives. BIA also provides quality reform because of the multiple multiple-use mission to provide education opportunities to students in regulations by authorities at the Federal, Indian schools. BIA maintains a opportunities for economic growth State, and tribal levels. The BLM found government-to-government relationship through energy development, ranching, that all 32 states with Federal oil and with the 567 federally recognized Indian mining, and logging, as well as outdoor gas operations leases currently have tribes. The Bureau also administers and recreation activities such as camping, laws or regulations to address hydraulic manages 55 million acres of surface land hunting, and fishing, while also fracturing. Furthermore, since the 2015 and 57 million acres of subsurface supporting conservation efforts. Public final rule, more companies are using minerals held in trust by the United lands provide valuable tangible goods state-level resources to ensure States for Indians and Indian tribes. and materials the American people use compliance with other applicable every day to heat their homes, build Federal and state-level regulations. This Deregulatory and Regulatory Actions their roads, and feed their families. The redundancy makes the BLM rule an In the coming year, BIA’s regulatory BLM works hard to be a good neighbor unnecessary regulatory burden, plan focuses on priorities that ease in the communities it serves, and is irrespective of whether BLM even has regulatory burdens on Tribes, American committed to keeping public landscapes the authority to regulate hydraulic Indians and Alaska Natives, and others healthy and productive. fracturing.

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Secretary of the Interior Ryan K. During the review of the Venting and communities, and strengthens the Zinke issued Secretarial Order No. 3349 Flaring rule, the BLM determined that economy by offering opportunities to entitled, ‘‘American Energy the rule is inconsistent with the policy develop the conventional and renewable Independence’’ on March 29, 2017, stated in E.O. 13783 that ‘‘it is in the energy and mineral resources of the which, among other things, directed the national interest to promote clean and Outer Continental Shelf (OCS). BLM to proceed expeditiously to safe development of our nation’s vast Deregulatory and Regulatory Actions propose to rescind the 2015 final rule. energy resources, while at the same time Upon further review of the 2015 final avoiding regulatory burdens that BOEM is carefully analyzing two rule, as directed by Executive Order unnecessarily encumber energy Interior rules related to offshore energy 13783, and Secretarial Order No. 3349, production, constrain economic growth, that are identified in E.O. 13795 the BLM determined that the 2015 final and prevent job creation.’’ Consistent (Implementing an America-First rule unnecessarily burdens industry with this finding, the BLM intends to Offshore Energy Strategy). To with compliance costs and information issue a proposed rule that would implement that Executive Order, requirements that duplicate regulatory eliminate overlap with the Interior issued S.O. 3350, America-First programs of many states and some Environmental Protection Agency’s Offshore Energy Strategy, which tribes. As a result, on July 25, 2017 BLM (EPA) Clean Air Act authorities and enhances opportunities for energy proposed to rescind, in its entirety, the clarify requirements related to the exploration, leasing, and development 2015 final rule. Rescinding the beneficial use of gas on Federal and on the OCS; establishes regulatory hydraulic fracturing rule will reduce Indian lands. certainty for OCS activities; and regulatory burdens by enabling oil and • Resource Management Planning enhances conservation stewardship, gas operations to operate under one set The BLM published the Planning 2.0 thereby providing jobs, energy security, of regulations within each state or tribal Rule on December 12, 2016 (81 FR and revenue for the American people. lands, rather than two. 89580). The rule became effective on That order also provides deadlines for • Waste Prevention, Production January 11, 2017. However, President review of the rules identified in the E.O. Subject to Royalties, and Resource Trump signed a resolution of Specifically, S.O. 3350 directs BOEM to: Conservation; Delay and Suspension of disapproval under the Congressional • Immediately cease all activities to Implementation Dates for Certain Review Act (CRA), which was signed promulgate the ‘‘Offshore Air Quality Requirements into law as Public Law 115–12 on Control, Reporting, and Compliance’’ Executive Order 13783 required March 27, 2017. Under the terms of the proposed rule, published on April 5, Interior to review the final rule entitled, Congressional Review Act, the rule is 2016 (81 FR 19717). As directed, BOEM ‘‘Oil and Gas, Waste Prevention, ‘‘treated as though such rule had never also provided a report explaining the Production Subject to Royalties, and taken effect.’’ 5 U.S.C. 801(f). The BLM effects of not issuing a new rule Resource Conservation,’’ 81 FR 83008 is publishing a rule to remove nullified addressing offshore air quality, and (Nov. 18, 2016), also known as the language from the Code of Federal providing options for revising or ‘‘Venting and Flaring’’ rule. S.O. 3349 Regulations to conform the Code of withdrawing the proposed rule. BOEM also ordered the BLM to review the rule. Federal Regulations to the CRA withdrew the proposed rule and is now During the review, the BLM found that resolution. OMB views actions under considering best options going forward. parts of the rule imposed unnecessary the CRA as deregulatory for purposes of • Promptly review, in consultation burdens on industry. It published a E.O. 13771. Some commenters with the Bureau of Safety and proposed rule in the Federal Register on expressed concern that the nullified rule Environmental Enforcement (BSEE), the October 5, 2017, seeking comment on would have moved decisions to the final rule ‘‘Oil and Gas and Sulfur temporarily suspending or delaying BLM Director in Washington, DC and Operations on the Outer Continental certain requirements until January 17, away from states and local communities Shelf—Requirements for Exploratory 2019. that are most affected by land use Drilling on the Arctic Outer Continental A temporary suspension or delay, if decisions. Shelf,’’ published on July 15, 2016 (81 implemented, would avoid compliance Bureau of Ocean Energy Management FR 46478), for consistency with the costs on operators for requirements that policy set forth in section 2 of the may be rescinded or significantly BOEM is committed to the Executive Order and provide a report revised in the near future. For certain Administration proposition that ‘‘A summarizing the review and providing requirements in the 2016 rule that have brighter future depends on energy recommendations on whether to yet to be implemented, the proposed policies that stimulate our economy, suspend, revise, or rescind the rule. In rule would temporarily postpone the ensure our security, and protect our coordination with BSEE and implementation dates. For certain health.’’ In accordance with Executive consultation with stakeholders, BOEM requirements in the 2016 rule that are Order 13783 of March 28, 2017, will decide whether it should proceed currently in effect, the proposed rule Promoting Energy independence and with deregulatory options that could would temporarily suspend them. This Economic Growth, BOEM is committed allow operators to continue operating would give the BLM sufficient time to to the safe and orderly development of later into the drilling season, providing review the 2016 final rule and consider our offshore energy land and mineral jobs, strengthening the economy, and revising or rescinding its requirements. resources, with the goal of avoiding supporting the development of This will also provide industry regulatory burdens that unnecessarily America’s energy reserves. additional time to plan for and engineer encumber energy production, constrain BOEM has no significant regulatory responsive infrastructure modifications economic growth, and prevent job actions planned for fiscal year 2018. that will comply with the regulation. It creation. BOEM is committed to will lower the cost of compliance and identifying regulatory and deregulatory Streamlining Renewable Energy spread the cost over more time. opportunities and policies that lower Regulations • Revision or Rescission of the 2016 costs and stimulate development. BOEM Since renewable energy regulations Waste Prevention, Production Subject to continues to strengthen U.S. energy were promulgated in 2009, BOEM has Royalties, and Resource Conservation security and energy independence. made substantial progress moving rule BOEM creates jobs, benefits local forward with the planning and

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implementation of seven lease sales, the Controlling Regulatory Costs, BSEE is offshore operations. Some of the issuance of twelve commercial leases, reviewing existing regulations to revisions BSEE is considering are: with a thirteenth in progress, and the determine whether they may potentially Æ Eliminating the requirement for processing of a number of significant burden the development or use of capture of water-based muds and project survey and site assessment domestically produced energy cuttings; plans. BOEM has worked closely with resources, constrain economic growth, Æ Eliminating the requirement for a industry and solicited public input or prevent job creation. BSEE is well- cap and flow system and containment throughout the early stages of its positioned to help maintain the Nation’s dome that are capable of being located program to help identify several position as a global energy leader and at the well site within 7 days of loss of regulatory improvements that: (1) foster energy security and resilience for well control; Simplify and clarify requirements; (2) the benefit of the American people, Æ Eliminating the reference to the reduce the regulatory burden on while ensuring that any such activity is expected return of sea ice from the industry by providing more flexibility in performed in a safe and requirements to be able to drill a relief developing proposals and acquiring environmentally sustainable manner. well within 45 days of loss of well needed authorizations; (3) defer certain control; and planning and development costs on Deregulatory and Regulatory Actions Æ Eliminating the reference to industry; and (4) resolve contradictions BSEE has identified the following four equivalent technology from the mudline and administrative inconsistencies. deregulatory actions under E.O. 13771 cellar requirement. Overall, the proposed regulatory as high priorities: BOEM and BSEE are also exploring improvements are corrective, and will • Well Control and Blowout joint options that would allow greater facilitate the efficient business Prevention Systems Rule Revision flexibility for operators to continue to development of renewable energy In April 2016, BSEE issued a final drill later into the Arctic drilling season. resources on the OCS. rule entitled ‘‘Oil and Gas and Sulfur If they are successful in implementing Operations in the Outer Continental this strategy, exploration of the Nation’s Compliance With Executive, Secretary, Arctic oil and gas reserves will increase and Statutory Mandates Shelf-Blowout Preventer Systems and Well Control.’’ BSEE will propose a rule while providing appropriate safety and BOEM will continue to be responsive to reduce regulatory burdens and environmental protection. to the various regulatory reform encourage job-creating development, BOEM and BSEE will engage initiatives, including identifying and while still ensuring safe and stakeholders before proposing acting upon any regulations, orders, environmentally sustainable offshore rulemaking and the list of potential guidance, policies or any similar actions operations. Among the changes it is areas for proposed reform may be that could potentially burden the considering are: adjusted based on feedback received. development or utilization of • Production Safety Systems Rule Æ Revising the requirements for domestically produced energy sources. In September 2016, BSEE issued a sufficient accumulator capacity and final rule entitled ‘‘Oil and Gas and Bureau of Safety and Environmental remotely-operated vehicle (ROV) Sulfur Operations on the Outer Enforcement capability to both open and close rams Continental Shelf-Oil and Gas The Bureau of Safety and on subsea Blowout Preventers (BOPs) Production Safety Systems.’’ BSEE is Environmental Enforcement’s (BSEE) (i.e., to only require capability to close reviewing the rule to identify mission is to promote offshore the rams); Æ opportunities to reduce regulatory conservation, development and Revising the requirement to shut in burdens while still ensuring safe and production of offshore energy resources platforms when a lift boat approaches environmentally sustainable offshore while ensuring that offshore operations within 500 feet; Æ operations. If BSEE identifies areas for are safe and environmentally Extending the 14-day interval deregulation, it plans to tier a proposed responsible. BSEE’s priorities in between pressure testing of BOP rule behind the Well Control Rule and fulfillment of its mission are to: (1) systems to 21 Days in appropriate Arctic rule in terms of potential burden Promote and regulate offshore energy situations; Æ reduction. development using the full range of Clarifying that the requirement for In addition to the rules previously authorities, policies, and tools to ensure weekly testing of two BOP control identified, BSEE is reviewing the safety and environmental responsibility; stations means testing one station (not remainder of its regulations to identify and (2) build and sustain the both stations) per week; other requirements that could be Æ organizational, technical, and Simplifying testing pressures for modified to increase efficiency, intellectual capacity within and across verification of ram closure; and streamline processes, reduce industry Æ BSEE’s key functions in order to keep Revising or deleting the burden, and maximize energy resources pace with offshore industry technology requirement to submit test results to while ensuring offshore operations are improvements, innovate in BSEE District Managers within 72 performed in a safe and economically sound regulation and hours. environmentally sustainable manner. enforcement, and reduce risk through • Exploratory Drilling on the Arctic BSEE has no significant regulatory appropriate risk assessment and Outer Continental Shelf Rule actions subject to E.O. 13771 planned regulatory and enforcement actions. In July 2016, BSEE and BOEM jointly for fiscal year 2018. Consistent with the directions in issued a final rule entitled ‘‘Oil and Gas Executive Orders (E.O.s) issued in and Sulfur Operations on the Outer Office of Natural Resources Revenue March 2017 (E.O. 13783—Promoting Continental Shelf—Requirements for For the benefit of all Americans, the Energy Independence and Economic Exploratory Drilling on the Arctic Outer Office of Natural Resources Revenue Growth) and in April 2017 (E.O. Continental Shelf.’’ BSEE is reviewing (ONRR) collects, accounts for, and 13795—Implementing an America-First its provisions in the joint rule to verifies natural resource and energy Offshore Energy Strategy), as well as identify potential opportunities reduce revenues due to States, American with the President’s January 30, 2017 regulatory burdens while still ensuring Indians, and the U.S. Treasury. This E.O. on Reducing Regulation and safe and environmentally sustainable revenue goes to State governments, as

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well as several Federal funds that OSMRE is reviewing additional with the goal of encouraging proactive support projects at the local and actions to reduce burdens on coal conservation so that federal protections national levels, including support for development, including, for example, are not needed in the first place. The critical infrastructure projects and to reviewing the state program amendment Workplan represents the conservation develop public outdoor recreation areas. process to reduce the time it takes to priorities of the U.S. Fish and Wildlife ONRR disburses 100% of revenue formally amend an approved regulatory Service (Service) based on our review of collected from resource extraction on program. scientific information. In addition, FWS, American Indian lands back to the OSMRE has no significant regulatory jointly with the National Marine Indian Tribes and individual Indian actions planned for fiscal year 2018. Fisheries Service, will improve how the ESA is administered and reduce landowners. U.S. Fish and Wildlife Service unneeded burdens. FWS will review Deregulatory and Regulatory Actions The mission of the U.S. Fish and opportunities to create efficiencies and ONRR finalized the repeal of its Wildlife Service (FWS) is to work with streamline the consultation process and Consolidated Federal Oil & Gas and others to conserve, protect, and enhance the listing and delisting process. Federal & Indian Coal Valuation Reform fish, wildlife, and plants and their b Regulations under the Migratory rule on September 6, 2017. ONRR plans habitats for the continuing benefit of the Bird Treaty Act (MBTA). one deregulatory action for fiscal year American people. FWS also provides In carrying out our responsibility to 2018, the repeal of its rule on service of opportunities for Americans to enjoy the manage migratory bird populations, we official correspondence. outdoors and our shared natural issue annual migratory bird hunting ONRR has no significant regulatory heritage. regulations, which establish the actions subject to E.O. 13771 planned FWS fulfills its responsibilities frameworks (outside limits) for States to for fiscal year 2018. through a diverse array of programs that: establish season lengths, bag limits, and • Protect and recover endangered and ONRR also will seek ideas to reduce areas for migratory game bird hunting. threatened species; To become more efficient and timely, the Federal regulatory burden through • Monitor and manage migratory the FWS is reviewing public input and advice received from the reinstatement birds; considering whether additional of key committees that will assess and • Enforce Federal wildlife laws and regulatory changes would be advise ONRR on royalty policies and regulate international trade; appropriate to reduce the burden on regulatory actions related to natural • Conserve and restore wildlife industry and allow applicants to resource and energy revenues. habitat such as wetlands; proceed more quickly through the bald Office of Surface Mining Reclamation • Help foreign governments conserve and golden eagle permit process. and Enforcement wildlife through international • Regulations to administer the conservation efforts; National Wildlife Refuge System The Office of Surface Mining • Distribute Federal funds to States, (NWRS). Reclamation and Enforcement (OSMRE) territories, and tribes for fish and In carrying out its statutory was created by the Surface Mining wildlife conservation projects; and responsibility to provide wildlife- Control and Reclamation Act of 1977 • Manage the more than 150 million dependent recreational opportunities on (SMCRA). Under SMCRA, OSMRE has acres of land and water from the NWRS lands, FWS issues an annual rule two principal functions—the regulation Caribbean to the remote Pacific in to update the hunting and fishing of surface coal mining and reclamation National Wildlife Refuge System, which regulations on specific refuges. operations, and the reclamation and protects and conserves fish and wildlife • Regulations to carry out the restoration of abandoned coal mine and their habitats, and allows the public Pittman-Robertson Wildlife Restoration lands. In enacting SMCRA, Congress to engage in outdoor recreational and Dingell-Johnson Sport Fish directed OSMRE to ‘‘strike a balance activities. Restoration Acts (Acts). between protection of the environment Under the Acts, the FWS distributes and agricultural productivity and the Deregulatory and Regulatory Actions annual apportionments to States from Nation’s need for coal as an essential During the next year, FWS regulatory trust funds derived from excise tax source of energy.’’ OSMRE seeks to priorities will include: revenues and fuel taxes. FWS continues develop and maintain a regulatory • Regulations under the Endangered to work closely with state fish and program that provides a safe, cost- Species Act (ESA). wildlife agencies on how to use these effective, and environmentally sound FWS will take multiple regulatory funds to implement conservation supply of coal to help support the actions under the ESA to prevent the projects. To strengthen its partnership Nation’s economy and local extinction of and facilitate recovery of with State conservation organizations, communities. both domestic and foreign animal and FWS is working on several rules to Deregulatory and Regulatory Actions plant species. Accordingly, FWS will update and clarify our regulations. add species to, remove species from, Planned regulatory revisions will help • Stream Protection. and reclassify species on the Lists of to reflect several new decisions agreed The Stream Protection rule was Endangered and Threatened Wildlife upon by state conservation nullified under the Congressional and Plants and designate critical habitat organizations. Review Act. OSMRE will conform the for certain listed species, in accordance • Regulations to carry out the Code of Federal Regulations to the with the National Listing Workplan. The Convention on International Trade in Congressional action and will consider Workplan enables us to prioritize our Endangered Species of Wild Fauna and options to protect resources in a way workload based on the needs of Flora (CITES) and the Lacey Act. that does not unnecessarily burden the candidate and petitioned species, while In accordance with section 3(a) of American people. OSMRE estimates that providing greater clarity and Executive Order 13609 (Promoting this action will result in deregulatory predictability about the timing of listing International Regulatory Cooperation), cost savings of approximately $82 determinations to state wildlife FWS will update its CITES regulations million. See 82 FR 54924 (November 17, agencies, non-profit organizations, and to incorporate provisions resulting from 2017). other diverse stakeholders and partners, the 16th and 17th Conference of the

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Parties to CITES. The revisions will help would state that a motor vehicle native species as bait for fishing. NPS FWS more effectively promote species operator may not be required to submit will consider public comments and may conservation and help U.S. importers a blood test to measure blood alcohol revise the rule. See 82 FR 52868 and exporters of wildlife products and drug content without a search (November 15, 2017). understand how to conduct lawful warrant. The NPS intends to finalize a international trade. • The NPS intends to issue a regulation allowing the free-distribution FWS has no significant regulatory proposed rule that would state that the of message bearing items such as actions that are subject to E.O. 13771 NPS will not prohibit nor require a readable electronic media; clothing and planned for fiscal year 2018. permit for or prohibit an individual accessories; buttons; pins; and bumper from transporting a bow or crossbow stickers. This will give visitors an National Park Service that is not ready for immediate use additional channel of communication The National Park Service (NPS) across National Park System Units if the when visiting NPS-administered areas. preserves the natural and cultural possession and transportation of the Regulatory Actions resources and values within 417 units of bow or crossbow is in compliance with the National Park System encompassing state law. Bureau of Reclamation nearly 84 million acres of lands and Additionally, enabling regulations are The Bureau of Reclamation’s mission waters for the enjoyment, education, considered deregulatory under guidance is to manage, develop, and protect water and inspiration of this and future to E.O. 13771. The NPS will undertake and related resources in an generations. The NPS also cooperates several enabling regulatory actions in environmentally and economically with partners to extend the benefits of the coming year that will provide new sound manner in the interest of the resource conservation and outdoor opportunities for the public to enjoy and American public. To accomplish this recreation throughout the United States experience certain areas within the mission, we employ management, and the world. National Park System. These include engineering, and science to achieve regulations authorizing (i) off-road Deregulatory and Regulatory Actions effective and environmentally sensitive vehicle use at Cape Lookout National solutions. Reclamation projects provide: The NPS intends to issue a number of Seashore (final rule) and Glen Canyon Irrigation water service, municipal and deregulatory actions in this regulatory National Recreation Area (proposed industrial water supply, hydroelectric period and no significant regulatory rule); (ii) bicycling at Rocky Mountain power generation, water quality actions. National Park (final rule) and Pea Ridge improvement, groundwater National Military Park (proposed rule); Deregulatory Actions management, fish and wildlife and (iii) the launching of non-motorized enhancement, outdoor recreation, flood The NPS will undertake deregulatory vessels from Colonial National Historic control, navigation, river regulation and actions under Executive Order 13771 Park (proposed rule). control, system optimization, and (‘‘Reducing Regulation and Controlling All of these actions will allow the related uses. We have continued to Regulatory Costs’’) that will reduce public to use NPS-administered lands focus on increased security at our regulatory costs. Several of these actions and waters in a manner that protects the facilities. also comply with section 6 of Executive resources and values of the National Order 13563 (‘‘Improving Regulation Park System. Deregulatory and regulatory actions and Regulatory Review’’) because they Regulatory Review The Bureau of Reclamation will will remove or modify outdated and publish no deregulatory or significant excessively complicated and Through S.O. 3349, American Energy regulatory actions in fiscal year 2018. burdensome regulations. Independence (Mar. 29, 2017), the U.S. Its regulatory program focus in Fiscal • The NPS intends to issue a Department of the Interior announced Year 2018 is to publish a proposed proposed rule that would revise existing its intention to review all existing nonsignificant amendment to 43 CFR regulations implementing the Native actions that potentially burden the part 429 to bring it into compliance with American Graves Protection and development or utilization of the requirements of 43 CFR part 5, Repatriation Act (NAGPRA) to domestically produced energy resources Commercial Filming and Similar streamline requirements for museums and suspend, revise, or rescind such Projects and Still Photography on and Federal agencies. The rule would agency actions as soon as practicable. In Certain Areas under Department describe the NAGPRA process in accordance with this Secretarial Order, Jurisdiction. Publishing this rule would accessible language with clear time the NPS will review the final rule implement the provisions of Public Law parameters, eliminate ambiguity, clarify entitled ‘‘General Provisions and Non- 106–206, which directs the terms, and improve efficiency. Federal Oil and Gas Rights,’’ 81 FR establishment of permits and reasonable • The NPS will issue a final rule that 77972 (November 4, 2016). fees for commercial filming and certain removes an outdated reference to a The NPS intends to take a fresh look still photography activities on public document establishing environmental at a final rule on sport hunting and lands. criteria for power transmissions lines trapping in Alaska that published in that is no longer used by the NPS to October 2015 (80 FR 65325). This final evaluate applications for rights of way. rule amended 36 CFR 13, Subparts A, B, • The NPS intends to issue a and F, to revise regulations for sport DOI—BUREAU OF LAND proposed rule containing technical and hunting and trapping in National MANAGEMENT (BLM) clarifying edits. This rule would remove Preserves in Alaska. The rule also Final Rule Stage obsolete regulations establishing updated the procedures for closing an different criminal penalties for violating area or restricting an activity in National 64. Rescission of the 2015 BLM NPS regulations in military parks and Park Service areas in Alaska; updated Hydraulic Fracturing Rule national historic sites. This rule would subsistence regulations that are Priority: Other Significant. also clarify existing regulations to obsolete; prohibited the obstruction of E.O. 13771 Designation: Deregulatory. comply with recent decisions by the persons lawfully engaged in hunting or Legal Authority: 25 U.S.C. 396d; 25 U.S. Supreme Court. This clarification trapping; and authorized the use of U.S.C. 2107; 30 U.S.C. 189; 30 U.S.C.

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306; 30 U.S.C. 359; 30 U.S.C. 1751; 43 laws of the United States so that all streamline existing regulations, though U.S.C. 1732(b); 43 U.S.C. 1733; 43 Americans can live in peace and those initiatives are not expected to be U.S.C. 1740 security. As the chief law enforcement promulgated in final form during fiscal CFR Citation: 43 CFR 3160. agency of the United States government, year 2018. Legal Deadline: None. the Department of Justice’s most In addition to the new cost analyses Abstract: This Proposed Rule would fundamental mission is to protect being conducted pursuant to E.O. rescind the Bureau of Land people by enforcing the rule of law. To 13771, the Department is actively Management’s 2015 Final Rule, Oil and fulfill this mission, the Department is carrying out the provisions of E.O. Gas; Hydraulic Fracturing on Federal devoting the resources necessary and 13777, ‘‘Enforcing the Regulatory and Indian Lands (2015 Final Rule). utilizing the legal authorities available Reform Agenda,’’ 82 FR 12285 (Mar. 1, Consistent with the President’s January to combat violent crime and terrorism, 2017). The Department’s Regulatory 30, 2017, Executive Order on Reducing prosecute drug offenses, and enforce Reform Task Force, chaired by Associate Regulation and Controlling Regulatory immigration laws. Because the Attorney General Rachel Brand, is Costs, the Department of the Interior has Department of Justice is primarily a law actively working to evaluate existing been reviewing existing regulations to enforcement agency and not a regulatory Department regulatory actions and to determine whether revisions or agency, it carries out its principal make recommendations regarding their rescissions are appropriate to streamline investigative, prosecutorial, and other repeal, replacement, or modification in the regulatory process and eliminate enforcement activities through means order to reduce unnecessary burdens. duplicative regulations. As part of this other than the regulatory process. The Task Force published a public process, the Department has determined This year, the Department of Justice notice in the Federal Register on June that the 2015 Final Rule does not reflect has substantially revised and improved 28, 2017, to solicit comments on this those policies and priorities, and its procedures for evaluating new goal and received over 30 therefore is proposing to rescind the regulatory actions and analyzing the recommendations that are under 2015 Final Rule. costs that would be imposed. Executive consideration. Statement of Need: Upon further Order 13771 (E.O. 13771), titled The regulatory priorities of the review of the BLM’s 2015 hydraulic ‘‘Reducing Regulation and Controlling Department include initiatives in the fracturing final rule, as directed by Regulatory Costs,’’ 82 FR 9339 (Feb. 3, areas of federal grant programs, criminal Executive Order 13783, and Secretarial 2017), requires an agency, unless law enforcement, immigration, and civil Order No. 3349, the BLM believes that prohibited by law, to identify two rights. These initiatives are summarized the 2015 final rule unnecessarily existing regulations to be repealed when below. In addition, several other burdens industry with compliance costs the agency publicly proposes for notice components of the Department carry out and information requirements that are and comment or otherwise promulgates important responsibilities through the duplicative of regulatory programs of a new regulation. In furtherance of this regulatory process. Although their many states and some tribes. As a result, requirement, section 2(c) of E.O. 13771 regulatory efforts are not separately we are proposing to rescind, in its requires the new incremental costs discussed in this overview of the entirety, the 2015 final rule. associated with new regulations, to the regulatory priorities, those components Summary of Legal Basis: extent permitted by law, be offset by the have key roles in implementing the Alternatives: elimination of existing costs associated Department’s anti-terrorism and law Anticipated Cost and Benefits: with at least two prior regulations. enforcement priorities. Risks: Section 3(a) states that starting with Office of Justice Programs (OJP) Timetable: fiscal year 2018, ‘‘the head of each agency shall identify, for each OJP provides innovative leadership to Action Date FR Cite regulation that increases incremental federal, state, local, and tribal justice cost, the offsetting regulations described systems; by disseminating state-of-the- NPRM ...... 07/25/17 82 FR 34464 in section 2(c) of [E.O. 13771], and art knowledge and practices; and NPRM Comment 09/25/17 provide the agency’s best approximation providing financial assistance for the Period End. implementation of crime fighting Final Action ...... 01/00/18 of the totals costs or savings associated with each new regulation or repealed strategies. OJP, through the Public Safety Officers’ Benefits (PSOB) Regulatory Flexibility Analysis regulation.’’ Program, supports public safety officers Required: No. The Department does not anticipate Government Levels Affected: None. publishing any new significant by providing financial assistance to Agency Contact: Catherine Cook, Regulatory actions during fiscal year eligible officers who sustain qualifying Acting Division Chief, Fluid Minerals 2018 that would impose additional costs line-of-duty injuries, and to the eligible Division, Department of the Interior, or burdens. Accordingly, none of the survivors of officers killed in the line of Bureau of Land Management, Room Department’s anticipated fiscal year duty. The program also provides 2134 LM, 20 M Street SE, Washington, 2018 rulemaking actions would be educational assistance to certain DC 20003, Phone: 202 912–7145, Email: subject to the two-for-one offset survivors of public safety officers. In fiscal year 2018, OJP will [email protected]. requirements of E.O. 13771. Instead, the RIN: 1004–AE52 Department has identified five promulgate a significant final rule Deregulatory actions (RIN 1117–AB42; amending and updating the regulations BILLING CODE 4334–63–P RIN 1117–AB44; RIN 1117–AB46; RIN implementing the Public Safety Officers 1121–AA85; and RIN 1125–AA25), Benefits (PSOB) Program (RIN 1121– along with one revision to an AA85). This rule will finalize two DEPARTMENT OF JUSTICE (DOJ)— information collection, expected to be proposed rules to update and improve FALL 2017 finalized during fiscal year 2018, The the OJP regulations implementing the Department and its regulatory PSOB Program, in order to incorporate Statement of Regulatory Priorities components also are already reviewing several statutory changes enacted in The solemn duty of the Department of other possible regulatory changes to recent years, and improve the efficiency Justice is to uphold the Constitution and reduce regulatory burdens and to of the PSOB Program claims process.

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The final rule makes conforming priority during fiscal year 2018, to seek regulations are designed to prevent, changes required by the Dale Long modifications to its regulations detect, and eliminate the diversion of Public Safety Officers’ Benefits governing commerce in firearms and controlled substances and listed Improvement Act of 2012 pertaining, explosives to fulfill these objectives. chemicals into the illicit market while among other things, to members of a Among other regulatory reviews and providing for the legitimate medical, rescue squad or ambulance crew initiatives, ATF plans to update its scientific, research, and industrial needs engaging in rescue activity or in the regulations requiring notification of of the United States. provision of emergency medical stored explosive materials to require Pursuant to its statutory authority, services. That Act also amended annual reporting (RIN 1140–AA51). DEA continuously evaluates new and provisions relating to cases involving This regulatory action is intended to emerging substances to determine certain medical conditions and the increase safety for emergency first whether such substances should be payment offset scheme for the PSOB responders and the public. controlled under the CSA. During fiscal Program relative to the September 11th ATF plans to issue regulations to year 2018, in addition to initiating Victim Compensation Fund Program. finalize the current interim rules temporary scheduling actions to prevent The final rule also makes changes in implementing the provisions of the Safe imminent hazard to public safety, DEA response to perceived ambiguities and Explosives Act (RIN 1140–AA00). The will also consider petitions to control or gaps in existing regulations, as well as Department is also planning to finalize reschedule various substances. Among opportunities to simplify and improve a proposed rule to codify regulations (27 other regulatory reviews and initiatives, the program’s administration—for CFR part 771) governing the procedure DEA plans to update its regulations to example, making explicit the agency’s and practice for proposed denial of implement provisions of the authority to prescribe an online claim applications for explosives licenses or Comprehensive Addiction and Recovery filing system, creating a process to permits and proposed revocation of Act of 2016 (RIN 1117–AB42) relating to such licenses and permits (RIN 1140– facilitate the interaction between the dispensing of narcotic drugs for the AA38). As proposed, this rule is a evidence gathering and claim purpose of maintenance or regulatory action that clarifies the processing, simplifying the process for detoxification treatment. administrative hearing processes for claimant representatives to seek fees for In fiscal year 2018, DEA anticipates their services, and updating various explosives licenses and permits. This issuing no Regulatory actions that definitions. These changes are rule promotes open government and impose additional costs. Rather, DEA responsive to the public comments on disclosure of ATF’s procedures and plans to publish four Deregulatory the proposed rules as well as practices for administrative actions actions (RIN 1117–AB42; RIN 1117– recommendations from an OIG Audit involving explosive licensees or AB43; RIN 1117–AB44; and RIN 1117– finalized in July 2015, and other permittees. AB46). These deregulatory actions do internal reviews that identified the need ATF also has begun a rulemaking not include non-rulemaking items, such to streamline the claims review process process that amends 27 CFR part 447 to as agency guidance and information to reduce delays and increase update the terminology in the ATF collections, which do not appear in the transparency. regulations based on similar In addition to the PSOB final rule, terminology amendments made by the Unified Agenda. Consistent with E.O. OJP will continue to review its existing Department of State on the U.S. 13771 and E.O. 13777, DEA anticipates regulations to streamline them, where Munitions List in the International reviewing existing regulations to possible. OJP is drafting the final rule Traffic in Arms Regulations, and the identify those that are outdated, for the OJJDP Formula Grant Program, Department of Commerce on the unnecessary, or ineffective. DEA will for which OJP published a partial final Commerce Control List in the Export solicit public comments during such rule in in early 2017. OJP anticipates Administration Regulations (RIN 1140– reviews, as appropriate, to engage with that the final OJJDP Formula Grant AA49). the affected DEA registrant community and members of the public. Program rule would finalize certain Drug Enforcement Administration substantive aspects of the proposed rule, (DEA) Bureau of Prisons (BOP) and also streamline and improve the existing regulation by providing or DEA is the primary agency BOP issues regulations to enforce the revising definitions for clarity, and by responsible for coordinating the drug Federal laws relating to its mission of deleting text that unnecessarily repeats law enforcement activities of the United protecting society by confining statutory provisions, has been rendered States and also assists in the offenders in the controlled obsolete by statutory changes, or that implementation of the President’s environments of prisons and addresses matters already (or better) National Drug Control Strategy. DEA community-based facilities that are safe, addressed in other places (e.g., other implements and enforces titles II and III humane, cost-efficient, and rules or the program solicitation). of the Comprehensive Drug Abuse appropriately secure, and that provide Prevention and Control Act of 1970 and work and other self-improvement Bureau of Alcohol, Tobacco, Firearms the Controlled Substances Import and opportunities to assist offenders in and Explosives (ATF) Export Act (21 U.S.C. 801–971), as becoming law-abiding citizens. During ATF issues regulations to enforce the amended, collectively referred to as the the next 12 months, BOP will continue Federal laws relating to the manufacture Controlled Substances Act (CSA). DEA’s its ongoing efforts to develop regulatory and commerce of firearms and mission is to enforce the CSA and its actions aimed at: (1) Streamlining explosives. ATF’s mission and regulations and bring to the criminal regulations, eliminating unnecessary regulations are designed, among other and civil justice system those language and improving readability; (2) objectives, (1) to curb illegal traffic in, organizations and individuals involved improving inmate disciplinary and criminal use of, firearms and in the growing, manufacture, or procedures and sanctions, improving explosives, and (2) to assist State, local, distribution of controlled substances safety in facilities through the use of and other Federal law enforcement and listed chemicals appearing in or less-than-lethal force instead of agencies in reducing crime and destined for illicit traffic in the United traditional weapons; and (3) providing violence. ATF will continue, as a States. The CSA and its implementing effective literacy programming which

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serves both general and specialized unnecessarily duplicate DHS’s in employment-related immigration inmate needs. regulations and update outdated practices, the coordination of references to the pre-2003 immigration enforcement of non-discrimination in Executive Office for Immigration system (RIN 1125–AA71). As part of federally assisted programs, and Federal Review (EOIR) that review, EOIR also intends to revise laws relating to disability EOIR’s primary mission is to a number of existing regulations, where discrimination. adjudicate immigration cases by fairly, needed, in response to Executive Order The Department is reviewing its expeditiously, and uniformly 13768 to ensure the faithful and regulatory priorities and associated interpreting and administering the efficient execution of the immigration agenda pursuant to the regulatory Nation’s immigration laws. Under laws of the United States. reform provisions of Executive Orders delegated authority from the Attorney EOIR is working on long-term plans to 13771 and 13777. As the Department General, EOIR conducts immigration revise a number of existing regulations, continues to review its regulatory court proceedings, appellate reviews, as it moves forward with the next priorities, CRT does not plan to and administrative hearings. The phases of its electronic case access and promulgate any new regulations in the immigration judges adjudicate filing system to provide for the option areas outlined above over the next 12 approximately 180,000 cases each year of electronic submission of information, months. The Department is withdrawing to determine whether aliens should be when practicable, as a substitute for four CRT rulemakings that were ordered removed from the United States paper. In 2013, EOIR published a final previously designated as Inactive: (1) or should be granted some form of relief rule, Registry for Attorneys and Nondiscrimination on the Basis of or protection from removal. The Board Representatives (RIN 1125–AA39), Disability; Accessibility of Web of Immigration Appeals (Board) has establishing an electronic registration Information and Services of Public jurisdiction over appeals from the process for attorneys and accredited Accommodations (RIN 1190–AA61); (2) decisions of immigration judges, as well representatives practicing before Nondiscrimination on the Basis of as other matters. Accordingly, the immigration judges and the Board. That Disability: Accessibility of Web Attorney General has a continued role rule was the initial step in a multi-year, Information and Services of State and in the conduct of immigration multi-phased initiative to make the Local Government (RIN 1190–AA65); (3) proceedings, including removal transition to an electronic case access Nondiscrimination on the Basis of proceedings and custody determinations and filing system within EOIR. This Disability by State and Local regarding the detention of aliens endeavor is intended to comply with the Governments and Public pending completion of removal Government Paperwork Elimination Accommodations: Accessibility of proceedings. The Attorney General also Act, Public Law 105–277 (‘‘GPEA’’), and Medical Equipment and Furniture (RIN is responsible for civil litigation and the E-Government Act of 2002, Public 1190–AA66); and (4) Nondiscrimination criminal prosecutions relating to the Law 107–347, Dec. 17, 2002 (‘‘E-Gov’’), on the Basis of Disability in State and immigration laws. to achieve the Department’s vision for Local Government Services; Next In several pending rulemaking improved immigration adjudication Generation 9–1–1 (RIN 1190–AA62). actions, the Department is working to processing and to meet the public revise and update the regulations expectations for electronic government. Pursuant to the regulatory reform relating to immigration proceedings in The GPEA provides that, when provisions of Executive Orders 13771 order to increase efficiencies and practicable, Federal agencies will and 13777, CRT is undertaking an productivity, while also safeguarding provide for the electronic submission of independent review of its guidance due process. In particular, EOIR is information. The E-Gov is intended to documents to determine whether any of planning to publish a final regulation to enhance OMB’s management and those documents may be outdated, significantly reduce the current backlog promotion of electronic government inconsistent, or duplicative. CRT is also of immigration cases, by amending the services and processes utilizing a broad reviewing comments relevant to its regulations governing the statutory framework of measures that require, work that were submitted in response to annual limitation on cancellation of amongst a number of initiatives, the use a Notice published in the Federal removal and suspension of deportation of internet-based and emerging Register by the Department’s Regulatory decisions to allow immigration judges information technologies to enhance Reform Task Force on June 28, 2017. and the Board to issue denials after the citizen participating and access to In addition, CRT plans to initiate a annual 4,000-grant statutory cap is Government information and services. retrospective review of its existing reached, instead of the current EOIR anticipates considerable cost regulations implementing titles II and III regulatory requirement to reserve all savings from the further expansion of its of the Americans with Disabilities Act decisions irrespective of the outcome electronic filing systems including, but (ADA). Accordingly, as part of the (RIN 1125–AA25). EOIR is further not limited to, the elimination of costs Department’s effort to implement working to finalize a jurisdiction and for managing and storing paper records; Executive Orders 13777 and 13771, the venue rule that will provide eliminating storage space; improving Department plans to issue a Notice clarification regarding an immigration internal efficiencies and response times titled Nondiscrimination on the Basis of judge’s authority to conduct both internally and to the public Disability; Review of Existing proceedings, how venue is determined, through workflow automation and Regulations Implementing the and what circuit court law applies (RIN cutting labor expenses (time for Americans with Disabilities Act (ADA) 1125–AA52). In particular, EOIR is printing, copying, filing, and document and the ADA Standards for Accessible developing mechanisms in this rule research using unsearchable paper); and Design. This Notice will request public intended to streamline certain venue lowering equipment expenses by comment and information to help the changes to achieve cost savings to the reducing the need for printers and fax Department identify any portions of the agency and increase due process to the machines, and added maintenance cost. existing title II and title III ADA parties. In addition, in response to regulations and the ADA Standards for Executive Order 13563, the Department Civil Rights (CRT) Accessible Design that, for example, is retrospectively reviewing EOIR’s CRT issues regulations to enforce may be outdated, unnecessary, regulations to eliminate regulations that Federal laws relating to discrimination ineffective, or excessively burdensome.

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The Department expects to publish the health or safety or State, local, or tribal be held accountable for their legal Notice during Fiscal Year 2018. governments or communities. The obligations to their employees, while Department anticipates that the rule will recognizing that the Department also result in some additional transfer has a duty to help employers payments from approved claims (three understand and comply with the many DOJ—OFFICE OF JUSTICE claims totaling approximately $1 laws and regulations affecting their PROGRAMS (OJP) million per year), but, aside from these workplaces. Final Rule Stage (which are discounted in the cost- The Secretary of Labor has made benefit analysis), the rule will reduce protecting America’s employees a top 65. Public Safety Officers’ Benefits costs to the government and all priority. Under his leadership, the Program Regulations stakeholders by $100,000 to $200,000 Department is committed to fully and Priority: Other Significant. per year. The Department has fairly enforcing the laws under its E.O. 13771 Designation: Deregulatory. determined that the benefits of the rule jurisdiction. The vast majority of Legal Authority: 42 U.S.C. 3796; 42 updating and improving the regulations, employers work hard to keep their U.S.C. 3796c(a) incorporating several statutory changes, workplaces safe and to comply with CFR Citation: 28 CFR 32. addressing gaps in the regulations, and wage and pension laws. Acknowledging Legal Deadline: None. improving the efficiency of the PSOB this, the Department is working to Abstract: The Public Safety Officers’ Program claims process outweigh the provide compliance assistance, to give Benefits (PSOB) Programs provide death costs of the rule. employers the knowledge and tools they and education benefits to survivors of Risks: The PSOB Act requires the need to comply with their obligations in fallen law enforcement officers, payment of benefits under the these areas. Compliance with the law is, firefighters, and other first responders, circumstances set forth in the Act, as however, mandatory. Employers that do and disability benefits to officers implemented by the PSOB regulations. not comply with the law will continue catastrophically injured in the line of Failure to update and improve the to see full enforcement. duty. This regulation will update the regulations to incorporate statutory In addition to providing for workforce rules for this program regarding death changes, address known gaps, and protections, the regulatory plan below and injuries from 9/11 events, make improve claim processing will impair also includes regulations designed to program changes to improve delivery of the Department’s implementation of the promote apprenticeship programs, with benefits, and implement certain program as required by the Act, and the goal of providing a way to ensure provisions in section 1086 of Public may cause confusion and impose that workers are receiving the skills they Law 112–239. The separate PSOB unnecessary costs on claimants and need to get a job. Too many Americans proposed rule published on August 22, public agencies involved in see that jobs are available, but these jobs 2016, (RIN: 1121–AA86) has been substantiating claims. require skills that they do not have. By incorporated into this regulation. Timetable: expanding apprenticeship programs we Statement of Need: This rule is can help close this skills gap and route necessary to update and improve the Action Date FR Cite workers directly into good jobs. OJP regulations implementing the PSOB Program, in order to incorporate several NPRM ...... 07/15/16 81 FR 46019 The Secretary of Labor’s Regulatory statutory changes enacted in recent NPRM Comment 09/13/16 Plan for Accomplishing These years, address some gaps in the Period End. Objectives regulations, and improve the efficiency Final Action ...... 02/00/18 In general, the Department will work of the PSOB Program claims process. to assist employees and employers to Summary of Legal Basis: The Regulatory Flexibility Analysis meet their needs in a helpful manner, authority for this rule is 34 U.S.C. Required: No. with a minimum of rulemaking. subtitle I, ch. 101, subch. XI; 34 U.S.C. Small Entities Affected: No. The Department will roll back 10221(a), 10225, 10226, 10251(a), Government Levels Affected: None. regulations that harm American workers 10261(a)(4) & (b), 10272, 10286, 10287; Agency Contact: Hope Janke, PSOB and families—but we will do so while sec. 1601, title XI, Public Law 90–351, Director, Department of Justice, Office of respecting the principles and 82 Stat. 239; secs. 4 through 6, Public Justice Programs, 810 7th Street NW, institutions that make us who we are as Law 94–430, 90 Stat. 1348; secs. 1 and Washington, DC 20531, Phone: 202 514– Americans. 2, Public Law 107–37, 115 Stat. 219. 6278, Email: [email protected]. Where regulatory actions are Alternatives: This rule addresses the RIN: 1121–AA85 necessary, they will be accomplished in needs identified above in the Statement BILLING CODE 4410–BP–P a thoughtful and careful manner. The of Need. The Department solicited Department seeks to achieve needed comments on the language and employee protections while limiting the approaches that it proposed, and will burdens regulations place on employers. consider alternative regulatory language DEPARTMENT OF LABOR Regulatory actions taken by the where it was suggested by commenters. 2017 Regulatory Plan Department will provide American The final rule will reflect the employers with certainty about Executive Summary: Good and Safe Jobs Department’s consideration of all workforce rules. The Department’s alternatives suggested by commenters. The Department of Labor’s mission is regulatory plan will make employers’ Anticipated Cost and Benefits: The to foster, promote, and develop the obligations under current law clear, Department’s analysis indicates that the welfare of the wage earners, job seekers, while respecting the rule of law. Where final rule will not be economically and retirees of the United States; Congress has not spoken, the significant, that is, the rule will not have improve working conditions; advance Department will not intrude. an annual effect on the economy of $100 opportunities for profitable The proposals that follow are million, or adversely affect in a material employment; and assure work-related common-sense approaches in areas way the economy, a sector of the benefits and rights. The Department is needing regulatory attention, presenting economy, the environment, public guided by the idea that employers must a balanced plan for protecting

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employees, aiding them in the injury and illness reports by employers. DOL—WAGE AND HOUR DIVISION acquisition of needed skills, and helping The preamble to the May 2016 final rule (WHD) the regulated community to do its part. pointed to publication of the collected Proposed Rule Stage Section 1 of Executive Order (E.O.) data as a method to improve workplace 13771 ‘‘Reducing Regulation and safety and health through the rule’s 66. Request for Information Defining Controlling Regulatory Costs’’, 82 FR requirements. OSHA stated its intention and Delimiting the Exemptions for 9339 (January 30, 2017) recognizes that not to publish personally identifiable Executive, Administrative, Professional, ‘‘it is essential to manage costs information (PII) included on Forms 300 Outside Sales and Computer Employees associated with the governmental and 301; OSHA Form 300A does not Priority: Other Significant. imposition of private expenditures contain any PII. OSHA has now E.O. 13771 Designation: Deregulatory. required to comply with Federal determined that it cannot guarantee the Legal Authority: Not Yet Determined Regulations.’’ Consistent with the non-release of personally identifiable CFR Citation: 29 CFR 541. requirements of E.O. 13771, the information. If OSHA were unable to Legal Deadline: None. Department’s Regulatory Agenda publish the collected worker injury and Abstract: The Department intends to includes 23 deregulatory items. The illness data because it cannot guarantee issue a Notice of Proposed Rulemaking count of E.O. 13771 deregulatory the non-release of personally (NPRM) to determine what the salary regulations excludes non-rulemakings, identifiable information, then the level for exemption of executive, such as guidance or information administrative and professional collections, that will not appear in the potential benefit of improved workplace employees should be. In developing the Agenda. safety and health through publication of the collected data would not be realized. NPRM, the Department will be informed The Department’s Regulatory Priorities by the comments received in response OSHA also continues work on its to the Request for Information. The Occupational Safety and Health Standards Improvements Projects (SIPs), Statement of Need: WHD is reviewing Administration (OSHA) oversees a wide with the plan to finalize SIP IV next. range of standards that are designed to the regulations at 29 CFR 541, which These are intended to remove or revise implement the exemption of bona fide reduce occupational deaths, injuries, duplicative, unnecessary, and and illnesses. OSHA is committed to the executive, administrative, and inconsistent safety and health professional employees from the Fair establishment of clear, common-sense standards. OSHA published three earlier standards to help accomplish this. The Labor Standards Act’s minimum wage final standards to remove unnecessary and overtime requirements. The OSHA items discussed below are provisions, thus reducing costs or deregulatory in nature, in that they Department’s NPRM will propose an paperwork burden on affected updated salary level for exemption and reduce burden, while maintaining employers. needed worker protections. seek the public’s view on the salary OSHA continues its work to protect The Employment and Training level and related issues. workers from occupational exposures to Administration (ETA) administers Summary of Legal Basis: These Beryllium. Following the publication of federal job training and worker regulations are authorized by section a revised Beryllium standard in January dislocation adjustment programs, 13(a)(1) of the Fair Labor Standards Act, 2017, OSHA received evidence that federal grants to states for public 29 U.S.C. 213(a)(1). exposure in the shipyards and employment service programs, and Alternatives: Alternatives will be construction is limited to a few unemployment insurance benefits. developed in considering any proposed revisions to the current regulations. The operations and has information Consistent with Sec. 4 of the public will be invited to provide suggesting that requiring the ancillary President’s Executive Order on comments on any proposed revisions provisions broadly may not improve Expanding Apprenticeships in America, worker protection and be redundant and possible alternatives. ETA will be proposing regulations to Anticipated Cost and Benefits: The with overlapping protections in other establish the framework for industry- standards. Accordingly, OSHA is Department will prepare estimates of recognized apprenticeship programs, a the anticipated costs and benefits seeking comment on, among other new industry-led initiative to promote things, whether existing standards associated with the proposed rule. innovation and opportunity in Risks: This action does not affect covering abrasive blasting in apprenticeship, and integrate this construction, abrasive blasting in public health, safety, or the initiative with the existing Registered environment. shipyards, and welding in shipyards Apprenticeship system. provide adequate protection for workers Timetable: engaged in these operations. The Finally, the Wage and Hour Division comment period on OSHA’s Notice of (WHD) administers numerous laws that Action Date FR Cite Proposed Rulemaking (NPRM) on this establish the minimum standards for wages and working conditions in the Request for Infor- 07/26/17 82 FR 34616 subject ended on August 28, 2017. The mation (RFI). agency will review the public comments United States. WHD will propose an RFI Comment Pe- 09/25/17 and formulate its plan for next steps. updated salary level for the exemption riod End. OSHA intends to issue a proposal to of executive, administrative and NPRM ...... 10/00/18 reconsider, revise, or remove provisions professional employees for overtime of the May 12, 2016, Improve Tracking purposes. In developing the NPRM, the Regulatory Flexibility Analysis of Workplace Injuries and Illnesses final Department will be informed by the Required: Undetermined. rule (81 FR 29624). OSHA reviewed the comments received in response to its Government Levels Affected: May 2016 final rule as part of its recently published Request for Undetermined. regulatory reform efforts and will Information (RFI). The comment period Agency Contact: Melissa Smith, propose changes intended to reduce on that RFI ended on September 25, Director, Regulations, Legislation and unnecessary burdens while maintaining 2017, and the agency is now in the Interpretations, Department of Labor, worker protections. The proposed rule process of reviewing these comments Wage and Hour Division, 200 will look at the electronic submission of and formulating its NPRM. Constitution Avenue NW, Room S–

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3502, Washington, DC 20210, Phone: Alternatives: ETA has no alternatives to the data collection to increase the 202 693–0406, Fax: 202 693–1387. at this time. likelihood that the Bureau of Labor RIN: 1235–AA20 Anticipated Cost and Benefits: The Statistics (BLS) would be able to match Department’s preliminary estimate is an OSHA-collected data to BLS Survey of anticipated cost of $25 million for this Occupational Injury and Illness (SOII) DOL—EMPLOYMENT AND TRAINING regulatory action. Details for costs and data and potentially reduce the burden on employers who are required to report ADMINISTRATION (ETA) benefits will be prepared. Risks: This action does not affect the injury and illness data both to OSHA Proposed Rule Stage public health, safety, or the (for the electronic recordkeeping environment. requirement) and to BLS (for SOII). 67. Apprenticeship Programs, Labor Timetable: Statement of Need: The preamble to Standards for Registration, Amendment the May 2016 final rule pointed to of Regulations Action Date FR Cite publication of the collected data as a Priority: Other Significant. Major method to improve workplace safety status under 5 U.S.C. 801 is NPRM ...... 01/00/18 and health through the rule’s undetermined. requirements. OSHA stated its intention Unfunded Mandates: Undetermined. Regulatory Flexibility Analysis not to publish personally identifiable E.O. 13771 Designation: Regulatory. Required: Undetermined. information (PII) included on Forms 300 Legal Authority: Not Yet Determined Government Levels Affected: and 301; OSHA Form 300A does not CFR Citation: 29 CFR 29. Undetermined. contain any PII. OSHA has now Legal Deadline: None. Agency Contact: John V. Ladd, determined that it cannot guarantee the Abstract: The Department is revising Administrator, Office of non-release of personally identifiable title 29 CFR part 29, Labor Standards for Apprenticeship, Department of Labor, information. If OSHA were unable to the Registration of Apprenticeship Employment and Training publish the collected worker injury and Programs to establish guidelines for Administration, 200 Constitution illness data because it cannot guarantee third parties to certify high-quality, Avenue NW, FP Building, Room C– the non-release of personally industry recognized apprenticeship 5311, Washington, DC 20210, Phone: identifiable information, then the programs, and other conforming updates 202 693–2796, Fax: 202 693–3799, potential benefit of improved workplace and governance modifications as Email: [email protected]. safety and health through publication of appropriate. RIN: 1205–AB85 the collected data would not be realized. Statement of Need: Executive Order Summary of Legal Basis: OSHA is 13801 (82 FR 28229), issued by the issuing this proposed rule pursuant to President on June 15, 2017, directed the authority expressly granted by sections Secretary of Labor (in consultation with DOL—OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) 8 and 24 of the Occupational Safety and the Secretaries of Education and Health Act (the OSH Act or Act) (29 Commerce) to consider proposing Proposed Rule Stage U.S.C. 657 and 673). regulations under 29 U.S.C. 50 that Alternatives: The alternative for the 68. Tracking of Workplace Injuries and would promote the development of proposed changes contained in the Illnesses apprenticeship programs by third NPRM is to retain the existing parties. These third parties may include Priority: Other Significant. Major regulatory language, i.e., retaining the trade and industry groups, companies, status under 5 U.S.C. 801 is status quo. OSHA has concluded that non-profit organizations, unions, joint undetermined. the benefits of the proposed regulatory labor-management organizations, and E.O. 13771 Designation: Deregulatory. change outweigh the costs of those other organizations. The Secretary has Legal Authority: Not Yet Determined changes. OSHA will request public determined that the Department will CFR Citation: Not Yet Determined. comment on feasible alternatives to the issue new apprenticeship regulations to Legal Deadline: None. Agency’s proposal. address the directives of the Executive Abstract: OSHA intends to issue a Anticipated Cost and Benefits: The Order. proposal to reconsider, revise, or removal of the case specific requirement Summary of Legal Basis: The National remove provisions of the Improve reduces costs. OSHA estimates that the Apprenticeship Act of 1937 (also known Tracking of Workplace Injuries and rule will have net economic cost savings as the Fitzgerald Act), 29 U.S.C. 50, Illnesses final rule, 81 FR 29624 (May of $6.5 million per year. The Agency gives the Secretary broad power to 12, 2016). OSHA proposes to amend its believes that the loss in annual benefits, promote, help create, and set standards recordkeeping regulation to remove the while unquantified, are significantly for apprenticeship programs. The Act requirement to electronically submit to less than the annual cost savings, hence authorizes and directs the Secretary to OSHA information form the OSHA there are positive net benefits to this formulate and promote the furtherance Form 300 (Log of Work-Related Injuries proposed rule. of labor standards necessary to and Illnesses) and OSHA Form 301 Risks: This rulemaking does not safeguard the welfare of apprentices, to (Injury and Illness Incident Report) for address new significant risks or estimate extend the application of such standards establishments with 250 or more benefits and economic impacts of by encouraging the inclusion thereof in employees which are required to reducing such risks. Overall, this contracts of apprenticeship, to bring routinely keep injury and illness rulemaking is reasonably necessary together employers and labor for the records. Under the proposed rule, these under the OSH Act because it provides formulation of programs of establishments would be required to cost savings, or eliminates unnecessary apprenticeship, to cooperate with State electronically submit only information requirements. agencies engaged in the formulation and from the OSHA Form 300A (Summary Timetable: promotion of standards of of Work-Related Injuries and Illnesses). apprenticeship, and to cooperate with In addition, OSHA seeks comment on Action Date FR Cite the Secretary of Education in the costs and benefits of adding the NPRM ...... 12/00/17 accordance with section 17 of Title 20. Employer Identification Number (EIN)

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Regulatory Flexibility Analysis now reconsidering the need for ancillary Action Date FR Cite Required: Undetermined. provisions in the construction and Government Levels Affected: State. shipyards sectors, and is currently Final Rule ...... 09/00/18 Federalism: Undetermined. reviewing comments received in Agency Contact: Amanda Edens, response to the proposal to finalize the Regulatory Flexibility Analysis Director, Directorate of Technical rulemaking. Required: Yes. Support and Emergency Management, Summary of Legal Basis: 29 U.S.C. Small Entities Affected: Businesses. Department of Labor, Occupational 655(b); 29 U.S.C. 657. Government Levels Affected: None. Safety and Health Administration, 200 Alternatives: Agency Contact: William Perry, Constitution Avenue NW, FP Building, Anticipated Cost and Benefits: In the Director, Directorate of Standards and Room N–3653, Washington, DC 20210, NPRM, OSHA estimated that this Guidance, Department of Labor, Phone: 202 693–2300, Fax: 202 693– proposed rule would yield a total Occupational Safety and Health 1644, Email: [email protected]. annualized cost savings of $11.0 million Administration, 200 Constitution RIN: 1218–AD17 using a 3 percent discount rate across Avenue NW, FP Building, Room the shipyard and construction sectors. N–3718, Washington, DC 20210, Phone: In the NPRM, OSHA preliminarily 202 693–1950, Fax: 202 693–1678, concluded that there are no benefits DOL—OSHA Email: [email protected]. (due to reducing the number of cases of RIN: 1218–AB76 Final Rule Stage CBD) as a result of revoking the ancillary provisions of the beryllium 69. Occupational Exposure to Beryllium final standards for Construction and Priority: Other Significant. Major Shipyards. DOL—OSHA status under 5 U.S.C. 801 is Risks: Not yet estimated. 70. Standards Improvement Project IV undetermined. Timetable: E.O. 13771 Designation: Deregulatory. Priority: Other Significant. Major Legal Authority: 29 U.S.C. 655(b); 29 Action Date FR Cite status under 5 U.S.C. 801 is U.S.C. 657 undetermined. CFR Citation: 29 CFR 1910. Request for Infor- 11/26/02 67 FR 70707 E.O. 13771 Designation: Deregulatory. Legal Deadline: None. mation (RFI). Legal Authority: 29 U.S.C. 655(b) Abstract: The Occupational Safety RFI Comment Pe- 02/24/03 CFR Citation: 29 CFR 1926. riod End. Legal Deadline: None. and Health Administration (OSHA) SBREFA Report 01/23/08 proposes to revoke the ancillary Completed. Abstract: OSHA’s Standards provisions for the construction and the Initiated Peer Re- 03/22/10 Improvement Projects (SIPs) are shipyard sectors that OSHA adopted on view of Health intended to remove or revise January 9, 2017 (82 FR 2470), but retain Effects and duplicative, unnecessary, and the new lower permissible exposure Risk Assess- inconsistent safety and health limit (PEL) of 0.2 mg/m3 and the short ment. standards. The Agency has published term exposure limit (STEL) of 2.0 mg/m3 Complete Peer 11/19/10 three earlier final standards to remove Review. unnecessary provisions (63 FR 33450, for each sector. OSHA will not enforce NPRM ...... 08/07/15 80 FR 47565 the January 9, 2017, shipyard and NPRM Comment 11/05/15 70 FR 1111 and 76 FR 33590), thus construction standards without further Period End. reducing costs or paperwork burden on notice while this new rulemaking is Notice of Public 12/30/15 80 FR 81475 affected employers. This latest project underway. This proposal does not affect Hearing; Date identified revisions to existing the general industry beryllium standard 02/29/2016. standards in OSHA’s recordkeeping, published on January 9, 2017. Notice of Public 02/16/16 81 FR 7717 general industry, maritime, and Statement of Need: After a review of Hearing; Date construction standards, with most of the the comments received and a review of Change 03/21/ revisions to its construction standards. 2016. the applicability of existing OSHA Final Rule ...... 01/09/17 82 FR 2470 OSHA also proposed to remove from its standards, OSHA proposed to revoke Final Rule; Delay 02/01/17 82 FR 8901 standards the requirements that the ancillary provisions applicable to of Effective employers include an employee’s social the construction and shipyard sectors Date. security number (SSN) on exposure June 27, 2017 (82 FR 29182), but to Final Rule; Pro- 03/02/17 82 FR 12318 monitoring, medical surveillance, and retain the new lower PEL of 0.2 mg/m3 posed Further other records in order to protect and the STEL of 2.0 mg/m3 for those Delay of Effec- employee privacy and prevent identity sectors. In the January 2017 final rule, tive Date. fraud. Final Rule; Fur- 03/21/17 82 FR 14439 Statement of Need: The Agency has OSHA reviewed the exposure data for ther Delay of abrasive blasting in construction and Effective Date. proposed a fourth rule that identified shipyards and welding in shipyards and Final Rule; Fur- 05/20/17 unnecessary or duplicative provisions determined that there is a significant ther Delay of or paperwork requirements. risk of chronic beryllium disease (CBD) Effective Date Summary of Legal Basis: OSHA is and lung cancer to workers in Effective. conducting Phase IV of the Standards construction and shipyards based on the NPRM (Construc- 06/27/17 82 FR 29182 Improvement Project (SIP–IV) in exposure levels observed. Because tion and Ship- response to the President’s Executive OSHA determined that there is yard). Order 13563, Improving Regulations NPRM (Construc- 08/28/17 significant risk of material impairment tion and Ship- and Regulatory Review (76 FR 38210). of health at the new lower PEL of 0.2 yard) Comment Alternatives: The main alternative mg/m3, the Agency continues to believe Period End. OSHA considered for all of the that it is necessary to protect workers Analyze Com- 01/00/18 proposed changes contained in the SIP– exposed at this level. However, OSHA is ments. IV rulemaking was retaining the existing

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regulatory language, i.e., retaining the Regulatory Flexibility Analysis emphasizes transparency, stakeholder status quo. In each instance, OSHA has Required: No. engagement, and regulatory restraint. concluded that the benefits of the Small Entities Affected: No. Our goal is to allow the public to proposed regulatory change outweigh Government Levels Affected: understand how we make decisions, the costs of those changes. In a few of Undetermined. which necessarily includes being the items, such as the proposed changes Agency Contact: Dean McKenzie, transparent in the way we measure the to the decompression requirements Director, Directorate of Construction, risks, costs, and benefits of engaging applicable to employees working in Department of Labor, Occupational in—or deciding not to engage in—a compressed air environments, OSHA Safety and Health Administration, 200 particular regulatory action. It is our has requested public comment on Constitution Avenue NW, FP Building, policy to provide an opportunity for feasible alternatives to the Agency’s Room N–3468, Washington, DC 20210, public comment on such actions to all proposal. Phone: 202 693–2020, Fax: 202 693– interested stakeholders. Above all, 1689, Email: [email protected]. Anticipated Cost and Benefits: The transparency and meaningful RIN: 1218–AC67 engagement mandate that regulations Agency has estimated that one revision should be straightforward, clear, and (updating the method of identifying and BILLING CODE 4510–HL–P accessible to any interested stakeholder. calling emergency medical services) • At DOT, transparency and may increase construction employers stakeholder engagement take a number costs by about $28,000 per year while DEPARTMENT OF TRANSPORTATION of different forms. For example, we two provisions (reduction in the number (DOT) publish a monthly report on our website of necessary employee x-rays and Introduction: Department Overview that provides a summary and the status elimination of posting requirements for for all significant rulemakings that DOT residential construction employers) DOT has statutory responsibility for a currently has pending or has issued provide estimated costs savings of $3.2 wide range of regulations. For example, recently (https:// million annually. The Agency has not DOT regulates safety in the aviation, www.transportation.gov/regulations/ estimated or quantified benefits to motor carrier, railroad, motor vehicle, report-on-significant-rulemakings). This employees from reduced exposure to commercial space, transit, and pipeline report provides the public with easy x-ray radiation or to employers for the transportation areas. The Department access to information about the reduced cost of storing digital x-rays also regulates aviation consumer and Department’s regulatory activities that rather than x-ray films, among others. economic issues, and provides financial can be used to locate other publicly- The Agency has preliminarily assistance and writes the necessary available information in the concluded that the proposed revisions implementing rules for programs Department’s regulatory docket at are economically feasible and do not involving highways, airports, mass www.regulations.gov, or in the Federal have any significant economic impact transit, the maritime industry, railroads, Register. on small businesses. The Preliminary and motor transportation and vehicle • We also seek public input through Economic Analysis in this preamble safety. Finally, DOT has responsibility direct engagement. For example, we provides an explanation of the for developing policies that implement recently published a request asking the economic effects of the proposed a wide range of regulations that govern public to help us identify obstacles to revisions. The cost savings from these programs such as acquisition and grants infrastructure projects, Transportation revisions and eliminations of several management, access for people with Infrastructure: Notice of Review of OSHA requirements may be used to disabilities, environmental protection, Policy, Guidance, and Regulation, 82 FR offset any costs incurred by employers energy conservation, information 26734 (June 8, 2017). We also published from new rulemakings that are technology, occupational safety and another notice requesting the public to necessary to update employee health, property asset management, help us identify rules that are good protections. seismic safety, security, and the use of candidates for repeal, replacement, Risks: SIP rulemakings do not address aircraft and vehicles. The Department suspension, or modification, or other new significant risks or estimate carries out its responsibilities through deregulatory action, 82 FR 45750 benefits and economic impacts of the Office of the Secretary (OST) and the (October 2, 2017). Finally, DOT has a reducing such risks. Overall, SIP following operating administrations long history of partnering with rulemakings are reasonably necessary (OAs): Federal Aviation Administration stakeholders to develop under the OSH Act because they (FAA); Federal Highway Administration recommendations and consensus provide cost savings, or eliminate (FHWA); Federal Motor Carrier Safety standards through advisory committees. unnecessary requirements. Administration (FMCSA); Federal Some committees meet regularly to Railroad Administration (FRA); Federal provide advice, while others are Timetable: Transit Administration (FTA); Maritime convened on an ad hoc basis to address Administration (MARAD); National specific needs. Each OA, as well as Action Date FR Cite Highway Traffic Safety Administration OST, has at least one standing advisory Request for Infor- 12/06/12 77 FR 72781 (NHTSA); Pipeline and Hazardous committee. mation (RFI). Materials Safety Administration; The Department’s regulatory RFI Comment Pe- 02/04/13 (PHMSA); and St. Lawrence Seaway philosophy also embraces the notion riod End. Development Corporation (SLSDC). that there should be no more regulations NPRM ...... 10/04/16 81 FR 68504 than necessary. We emphasize NPRM Comment 12/02/16 81 FR 86987 The Department’s Regulatory consideration of non-regulatory Period Ex- Philosophy and Initiatives solutions and have rigorous processes in tended. The Department’s highest priority is place for continual reassessment of NPRM Comment 01/04/17 safety. To achieve our safety goals existing regulations. These processes Period Ex- responsibly and in accordance with provide that regulations and other tended End. Final Rule ...... 02/00/18 principles of good governance, we agency actions are periodically embrace a regulatory philosophy that reviewed and, if appropriate, are revised

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to ensure that they continue to meet the www.transportation.gov/regulations/ infrastructure. To maintain global needs for which they were originally regulatory-reform-task-force-report. The leadership and foster economic growth, designed, and that they remain cost- priorities identified below reflect the this must be one of our highest effective and cost-justified. RRTF’s work to implement the priorities. For example, DOT regularly makes a Department’s focus on reducing burdens Reducing unnecessary regulatory conscientious effort to review its rules and improving the effectiveness of all burdens. Finally, our Regulatory Plan in accordance with the Department’s regulations. reflects our commitment to reducing 1979 Regulatory Policies and The Department’s Regulatory Priorities unnecessary regulatory burdens. Our Procedures (44 FR 11034, Feb. 26, priority rules include some deregulatory 1979), Executive Order (E.O.) 12866 Four fundamental principles—safety, actions that we identified after a (Regulatory Planning and Review), innovation, enabling investment in comprehensive review of all of the Executive Order 13563 (Improving infrastructure, and reducing Department’s regulations. The Plan also Regulation and Regulatory Review), and unnecessary regulatory burdens—are reflects our policy of thoroughly section 610 of the Regulatory Flexibility our top priorities. These priorities are considering non-regulatory solutions Act. The Department follows a repeating grounded in our national interest in before taking regulatory action. When 10-year plan for the review of existing maintaining U.S. global leadership in regulatory intervention is necessary, regulations. Information on the results safety, innovation, and economic however, it is our policy to rely data- of these reviews is included in the growth. To accomplish our regulatory driven and risk-based analysis to craft Unified Agenda. goals, we must create a regulatory the most effective and least burdensome In addition, through three new environment that fosters growth in new solution to the problem. Executive orders, President Trump and innovative industries without This Regulatory Plan identifies the 15 directed agencies to further scrutinize burdening them with unnecessary pending rulemakings that reflect the their regulations and other agency restrictions. At the same time, safety Department’s commitment to safety, actions. On January 30, 2017, President remains our highest priority; we must innovation, infrastructure, and reducing Trump signed Executive Order 13771, remain focused on managing safety risks burdens. For example: Reducing Regulation and Controlling and be sure that we do not regress from • FAA will focus on regulatory Regulatory Costs. Under Section 2(a) of the successes already achieved. activity to enable, safely and efficiently, the Executive order, unless prohibited Accordingly, the regulatory plan laid the integration of unmanned aircraft by law, whenever an executive out below reflects a careful balance that systems (UAS) into the National emphasizes the Department’s priority in department or agency publicly proposes Airspace System (NAS), and to enable fostering innovation while at the same for notice and comment or otherwise expanded commercial space activities. time meeting the challenges of promulgates a new regulation, it must • NHTSA will focus on reducing identify at least two existing regulations maintaining a safe, reliable, and regulatory barriers to technology to be repealed. On February 24, 2017, sustainable transportation system. innovation, including the development President Trump signed Executive Safety. The success of our national of autonomous vehicles, and improving Order 13777, enforcing the Regulatory transportation system requires us to regulations on fuel efficiency. Reform Agenda. Under this Executive remain focused on safety as our highest • FRA will focus on providing order, each agency must establish a priority. Our regulatory plan reflects our industry members regulatory relief Regulatory Reform Task Force (RRTF) to commitment to safety through a through a rulemaking that allows for evaluate existing regulations, and make balanced regulatory approach. Our goals alternative compliance with FRA’s recommendations for their repeal, are to deliver safety more efficiently and Passenger Equipment Safety Standards replacement, or modification. On March at a lower cost to the public by looking 28, 2017, President Trump signed to market-driven solutions first. for the operation of Tier III passenger Innovation. Every mode of equipment. Executive Order 13783, Promoting • Energy Independence and Economic transportation is affected by FTA will focus on establishing Growth, requiring agencies to review all transformative technology. Whether we Private Investment Project Procedures to existing regulations, orders, guidance are talking about automation, unmanned encourage greater use of public-private documents, policies, and other similar vehicles, or other emerging partnerships and private investment in agency actions that potentially burden technologies, we are looking forward to public transportation capital projects, the development or use of domestically new and promising frontiers that will and continue to focus on its statutorily- produced energy resources, with change the way we move on the ground, mandated efforts to establish a particular attention to oil, natural gas, in water, through the air, and into space. comprehensive Public Transportation coal, and nuclear energy resources. Our regulatory plan reflects the Safety Program to improve the safety of In response to the mandate in Administration’s commitment to public transportation systems. • Executive Order 13777, the Department fostering innovation by lifting barriers to PHMSA will focus on pipeline formed an RRTF consisting of senior entry and enabling innovative and safety as well as the movement of career and non-career leaders, which exciting new uses of transportation hazardous materials across multiple has already conducted extensive technology. modes of transportation. reviews of existing regulations, and Enabling investment in Infrastructure. At the same time, all OAs are identified a number of rules to be The safe and efficient movement of prioritizing their regulatory and repealed, replaced, or modified. The goods and passengers requires us not deregulatory actions accordance with RRTF continues to conduct monthly just to maintain, but to improve our E.O.s 13771 and 13563, to make sure reviews across all OAs to identify national transportation infrastructure. they are providing the highest level of appropriate deregulatory actions. The But that cannot happen without changes safety while eliminating outmoded and RRTF also works to ensure that any new to the way we plan, fund, and approve ineffective regulations and streamlining regulatory action is rigorously vetted projects. Accordingly, our Regulatory other existing regulations in an effort to and non-regulatory alternatives are Plan prioritizes regulatory action that promote economic growth, innovation, considered. Further information on the streamlines the approval process and competitiveness, and job creation. Since RRTF can be found online at: https:// facilitates more efficient investment in each OA has its own area of focus, we

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summarize the regulatory priorities of initiatives on promoting safety, enabling Operations of Small Unmanned Aircraft each below. innovation, investing in infrastructure, Systems, (2120–AL26). The Operations and reducing regulatory burdens. OST of Small Unmanned Aircraft Over Office of the Secretary of will also continue to provide significant People is the long-awaited next Transportation support to the RRTF’s efforts to regulatory step towards integrating UAS OST oversees the regulatory process implement the Department’s regulatory into the NAS. This rule would allow for the Department. OST implements reform policies. certain routine small UAS operations the Department’s regulatory policies and over people without a waiver or Federal Aviation Administration procedures and is responsible for exemption. The Orbital Debris ensuring the involvement of senior FAA is charged with safely and Mitigation Methods for Launch Vehicle officials in regulatory decision making. efficiently operating and maintaining Upper Stages proposal would update Through the Office of the General the most complex aviation system in the current regulations to reduce the Counsel, OST is also responsible for world. Destination 2025, an FAA amount of orbital debris that could ensuring that the Department complies initiative that captures the agency’s potentially interfere with existing or with the Administrative Procedure Act, vision of transforming the Nation’s future activities in orbit. Executive Order 12866 (Regulatory aviation system by 2025, has proven to • FAA’s top deregulatory priorities Planning and Review), Executive Order be an effective tool for pushing the will be to issue two final rules. 13563 (Improving Regulation and agency to think about longer-term Transport Airplane Fuel Tank and Regulatory Review), Executive Order aspirations; FAA has established a System Lightning Protection, (2120– 13771 (Reducing Regulation and vision that defines the agency’s AK24) would amend certain Controlling Regulatory Costs), Executive priorities for the next five years. airworthiness regulations regarding Order 13777 (Enforcing the Regulatory FAA has identified four major lightning protection of fuel tanks and Reform Agenda), Executive Order 13873 strategic initiatives where it will focus systems, providing cost savings to (Promoting Energy Independence and its efforts: (1) Risk-based Decision industry stakeholders. Rotorcraft Pilot Economic Growth), DOT’s Regulatory Making—Build on safety management Compartment View (2120–AK91) would Policies and Procedures, and other legal principles to proactively address revise the testing requirements for pilot and policy requirements affecting emerging safety risk by using consistent, compartment view to alleviate the cost rulemaking. In addition, OST has the data-informed approaches to make of the flight test and reduce lead role in matters concerning aviation smarter, system-level, risk-based administrative burdens on affected economic rules, the Americans with decisions; (2) NAS Initiative—Lay the applicants. Disabilities Act, and rules that affect foundation for the NAS of the future by • Finally, FAA will focus on two multiple elements of the Department. achieving prioritized NextGen benefits, rules responding to Airline Safety and OST provides guidance and training enabling the safe and efficient Federal Aviation Administration regarding compliance with regulatory integration of new entrants (including Extension Act of 2010 requirements to requirements and process for personnel UAS, supersonic aircraft, and address airline safety and pilot training throughout the Department. OST also commercial space flights) and deliver improvements. The first would plays an instrumental role in the more efficient, streamlined air traffic implement a statutory mandate to Department’s efforts to improve our management services; (3) Global establishment an electronic pilot record economic analyses; risk assessments; Leadership—Improve safety, air traffic database that air carriers would use for regulatory flexibility analyses; other efficiency, and environmental pre-employment checks on pilots (Pilot related analyses; retrospective reviews sustainability across the globe through Records Database, 2120–AK31). The of rules; and data quality, including an integrated, data-driven approach that second rule would implement peer reviews. The Office of the General shapes global standards, enhances improvements to pilot training and Counsel is the lead office that works collaboration and harmonization, and professional development programs to with the Office of Management and better targets FAA resources and efforts; address mentoring, leadership, and Budget’s (OMB) Office of Information and (4) Workforce of the Future— professional development of flight and Regulatory Affairs (OIRA) to get Prepare FAA’s human capital for the crewmembers (Professional Administration approval to move future, by identifying, recruiting, and Development, (2120–AJ87). forward with significant rules. training a workforce with the • More information about these rules OST also leads and coordinates the leadership, technical, and functional can be found in the DOT Unified Department’s response to OMB’s skills to ensure the U.S. has the world’s Agenda. intergovernmental review of other safest and most productive aviation agencies’ significant rulemaking sector. Federal Highway Administration documents and to Administration and • During Fiscal Year 2018, FAA’s FHWA carries out the Federal congressional proposals that concern regulatory priorities will be to enable highway program in partnership with the regulatory process. The Office of the transformative UAS and commercial State and local agencies to meet the General Counsel works closely with space technologies by publishing two Nation’s transportation needs. FHWA’s representatives of other agencies, OMB, notices of proposed rulemaking (Small mission is to improve continually the the White House, and congressional Unmanned Aircraft Over People, 2120– quality and performance of our Nation’s staff to provide information on how AK85 and Orbital Debris Mitigation highway system and its intermodal various proposals would affect the Methods for Launch Vehicle Upper connectors. ability of the Department to perform its Stages, 2120–AK81), addressing the Consistent with this mission, in Fiscal safety, infrastructure, and other previously published Interim Final Rule Year 2018, the FHWA will continue missions. on Registration and Marking with ongoing regulatory initiatives in In Fiscal Year 2018, OST will Requirements for Small Unmanned support of its surface transportation continue its efforts to help coordinate Aircraft (2120–AK82), and publishing programs. It will also work to the activities of several OAs that an advance notice of proposed implement legislation in the most cost- advance various departmental efforts rulemaking seeking comment on UAS effective way possible. Finally, it will that support the Administration’s security-related issues (Safe and Secure pursue regulatory reform in areas where

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project development can be streamlined careful assessment of the problem and a passenger rail network, and actions or accelerated, duplicative requirements comprehensive analysis of the benefits, addressing the safe and effective can be consolidated, recordkeeping costs, and other impacts associated with movement of energy products. requirements can be reduced or the proposed regulatory action. Finally, FRA’s regulatory priority for Fiscal simplified, and the decision-making NHTSA considers alternatives Year 2018 will be to continue its work authority of our State and local partners consistent with principles in applicable on a final rule containing RSAC- can be increased. executive orders. supported actions that advance high- NHTSA’s regulatory priorities for FY performing passenger rail by providing Federal Motor Carrier Safety 2018 include continuing to coordinate alternative ways to comply with Administration efforts on the development of passenger rail equipment standards The mission of FMCSA is to reduce autonomous vehicles and reducing (Passenger Equipment Safety Standards crashes, injuries, and fatalities involving regulatory barriers to technology for the operation of Tier III passenger commercial trucks and buses. A strong innovation. NHTSA also plans to issue equipment, RIN 2130–AC46). This rule regulatory program is a cornerstone of several rulemakings and other actions is expected to ease regulatory burdens FMCSA’s compliance and enforcement that increase safety and reduce on certain passenger rail operations efforts to advance this safety mission. economic burden, including some in which would allow the development of FMCSA develops new and more response to statutory mandates. Most advanced technology and increase effective safety regulations based on prominently, NHTSA anticipates safety benefits. More information about three core priorities: Raising the safety issuing a request for comment on the this rule can be found in the DOT bar for entry into the industry, barriers in existing regulation to Unified Agenda. maintaining high standards of safety deployment of automated vehicles, performance, and removing high-risk particularly those that affect vehicles Federal Transit Administration behavior. In addition to Agency-directed that may have innovative designs. In FTA provides financial and technical regulations, FMCSA develops addition, working with the assistance to local public transit regulations mandated by Congress, Environmental Protection Agency, systems, including buses, subways, light through legislation such as the Moving NHTSA plans to propose fuel efficiency rail, commuter rail, trolleys and ferries. Ahead for Progress in the 21st Century standards for light vehicle model years FTA also oversees safety measures and (MAP–21) and the Fixing America’s (MYs) 2022 thru 2025 (Passenger Car helps develop next-generation Surface Transportation (FAST) Acts. and Light Truck Corporate Average Fuel technology research. FTA’s regulatory FMCSA regulations establish minimum Economy Standards MYs 2022–2025, activities implement the laws that apply safety standards for motor carriers, RIN 2127–AL76). More information to recipients’ uses of Federal funding commercial drivers, commercial motor about these rules can be found in the and the terms and conditions of FTA vehicles, and State agencies receiving DOT Unified Agenda. grant awards. certain motor carrier safety grants and Federal Railroad Administration In addition to the Department-wide issuing commercial drivers’ licenses. goals described above, FTA policy FMCSA’s regulatory efforts for FY FRA exercises regulatory authority regarding regulations is to: 2018 will focus on efforts to streamline over all areas of railroad safety and, • Ensure the safety of public the grants program, remove regulatory where feasible, incorporates flexible transportation systems; burdens, and ease the transition into a performance standards. To foster an • Provide maximum benefit to the transportation career for veterans. In environment for collaborative Nation’s mobility through the addition, FMCSA will continue to rulemaking, FRA established the connectivity of transportation coordinate efforts on the development of Railroad Safety Advisory Committee infrastructure; autonomous vehicle technologies and (RSAC). The purpose of RSAC is to • Provide maximum local discretion; review existing regulations to identify develop consensus recommendations • Ensure the most productive use of changes that might be needed. for regulatory action on issues FRA limited Federal resources; brings to it. Even in situations where • Protect taxpayer investments in National Highway Traffic Safety RSAC consensus is not achieved, FRA public transportation; and Administration benefits from receiving input from • Incorporate principles of sound • The mission of NHTSA is to save RSAC. In situations where RSAC management into the grant management lives, prevent injuries, and reduce participation would not be useful (e.g., process. economic costs due to roadway crashes. a statutory mandate that leaves FRA In 2012, through MAP–21, Congress The statutory responsibilities of NHTSA with no discretion), FRA fulfils its expanded FTA’s safety regulatory role relating to motor vehicles include regulatory role without RSAC’s input. by directing the Secretary to establish a reducing the number, and mitigating the The RSAC consultation process results comprehensive Public Transportation effects of motor vehicle crashes and in regulations that are likely to be better Safety Program to improve the safety of related fatalities and injuries; providing understood, more widely accepted, all public transportation systems that safety performance information to aid more cost-beneficial, and more correctly receive certain FTA funding. In prospective purchasers of vehicles, applied, because of stakeholder December 2015, Congress passed the child restraints, and tires; and participation. FAST Act, which reauthorized the PTSP improving automotive fuel efficiency. FRA’s current regulatory program and provided the Secretary with NHTSA pursues policies that enable reflects a number of pending additional authority to ensure the safety safety technologies and encourage the proceedings to satisfy mandates of rail transit systems. This new development of non-regulatory resulting from the Rail Safety authority requires implementation approaches when feasible in meeting its Improvement Act of 2008 (RSIA08), the through the rulemaking process. statutory mandates. NHTSA issues new Passenger Rail Investment and FTA’s regulatory priorities for Fiscal standards and regulations or Improvement Act of 2008 (PRIIA), and Year 2018 are the Private Investment amendments to existing standards and the FAST Act, as well as actions under Project Procedures rulemaking (2132– regulations when appropriate. It ensures its general safety rulemaking authority, AB27) and the Public Transportation that regulatory alternatives reflect a actions supporting a high-performing Agency Safety Plan final rule (2132–

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AB23), which is one element of the Pipeline and Hazardous Materials emergency response commissions to Public Transportation Safety Program. Safety Administration improve community preparedness. The The Private Investment Project PHMSA has responsibility for second rule is designed to reduce the Procedures rulemaking would establish rulemaking under two programs. risk of transporting lithium batteries by new, experimental procedures to Through the Associate Administrator for air by addressing the unique challenges encourage greater use of public-private the Office of Hazardous Materials Safety they pose (Hazardous Materials: partnerships and private investment in (OHMS), PHMSA administers regulatory Enhanced Safety Provisions for Lithium public transportation capital projects. programs under Federal hazardous Batteries Transported by Aircraft, 2137– Pursuant to 49 U.S.C. 5329(d), FTA materials transportation law. Through AF20). OPS will focus on two pipeline rules. must issue a rule requiring operators of the Associate Administrator for the The first will finalize a proposal to public transportation systems that Office of Pipeline Safety (OPS), PHMSA change the regulations covering receive financial assistance under administers regulatory programs under hazardous liquid onshore pipelines Chapter 53 to develop and certify Public the Federal pipeline safety laws. In related to High Consequence Areas for Transportation Agency Safety Plans. On addition, both offices administer integrity management protections, February 5, 2016, FTA published a programs under the Federal Water repair timeframes, and reporting for all notice of proposed rulemaking outlining Pollution Control Act, as amended by hazardous liquid gathering lines the Oil Pollution Act of 1990. the requirements for Public (Pipeline Safety: Safety of Hazardous PHMSA will continue to work toward Transportation Agency Safety Plans. Liquid Pipelines, 2137–AE66). PHMSA improving safety related to FTA will be looking to finalize this rule also plans to seek public comment transportation of hazardous materials by in Fiscal Year 2018. More information through an advance notice of proposed all transportation modes, including about these rules can be found in the rulemaking that would provide pipeline, while promoting economic DOT Unified Agenda. regulatory relief to certain pipeline growth, innovation, competitiveness, operators that experience a reduction in Maritime Administration and job creation. PHMSA will allowable operating pressure due to concentrate on the prevention of high- MARAD administers Federal laws and construction that has occurred in the risk incidents identified through programs to improve and strengthen the area (Pipeline Safety: Class Location PHMSA’s evaluation of transportation maritime transportation system to meet Requirements, 2137–AF29). incident data. PHMSA will use all the economic, environmental, and available Agency tools to assess data; security needs of the Nation. To that evaluate alternative safety strategies, end, MARAD’s efforts are focused upon including regulatory strategies as DOT—FEDERAL AVIATION ensuring a strong American presence in necessary and appropriate; target ADMINISTRATION (FAA) the domestic and international trades enforcement efforts; and enhance Proposed Rule Stage and to expanding maritime outreach, public education, and training opportunities for American businesses to promote safety outcomes. 71. +Pilot Records Database (HR 5900) and workers. Further, PHMSA will continue to Priority: Other Significant. Major MARAD’s regulatory objectives and focus on streamlining its regulatory status under 5 U.S.C. 801 is priorities reflect the agency’s system and reducing regulatory undetermined. responsibility for ensuring the burdens. PHMSA will evaluate existing E.O. 13771 Designation: Regulatory. availability of water transportation rules to examine whether they remain Legal Authority: 49 U.S.C. 106(g); 49 services for American shippers and justified; should be modified to account U.S.C. 1155; 49 U.S.C. 40103; 49 U.S.C. consumers and, in times of war or for changing circumstances and 40113; 49 U.S.C. 40119; 49 U.S.C. national emergency, for the U.S. armed technologies; or should be streamlined 40120; 49 U.S.C. 41706; 49 U.S.C. forces. Major program areas include the or even repealed. PHMSA will continue 44101; 49 U.S.C. 44111; 49 U.S.C. 44701 following: Maritime Security, Voluntary to evaluate, analyze, and be responsive to 44705; 49 U.S.C. 44709 to 44713; 49 Intermodal Sealift Agreement, National to petitions for rulemaking. PHMSA will U.S.C. 44715 to 44717; 49 U.S.C. 44722; Defense Reserve Fleet and the Ready review regulations, letters of 49 U.S.C. 45101 to 45105; 49 U.S.C. Reserve Force, Cargo Preference, interpretation, petitions for rulemaking, 46105; 49 U.S.C. 46306; 49 U.S.C. Maritime Guaranteed Loan Financing, special permits, enforcement actions, 46315; 49 U.S.C. 46316; 49 U.S.C. United States Merchant Marine approvals, international standards, and 46504; 49 U.S.C. 46507; 49 U.S.C. Academy, Mariner Education and industry standards to identify 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 Training Support, Deepwater Port inconsistencies, outdated provisions, to 47531 Licensing, and Port and Intermodal and barriers to regulatory compliance. CFR Citation: 14 CFR 118; 14 CFR Development. Additionally, MARAD In Fiscal Year 2018, OHMS will focus 121; 14 CFR 125; 14 CFR 135; 14 CFR on two priority rules. The first is administers the Small Shipyard Grants 91. designed to reduce risks related to the Program through which equipment and Legal Deadline: None. transportation of hazardous materials by Abstract: This rulemaking would technical skills training are provided to rail. PHMSA aims to finalize a Notice of implement a Pilot Records Database as America’s maritime workforce, with the Proposed Rulemaking, Hazardous required by Public Law 111–216 (Aug. aim of helping businesses to compete in Materials: Oil Spill Response Plans and 1, 2010). Section 203 amends the Pilot the global marketplace while creating Information Sharing for High-Hazard Records Improvement Act by requiring well-paying jobs at home. Flammable Trains (2137–AF08), that the FAA to create a pilot records MARAD’s regulatory priorities for sought comment on expanding the database that contains various types of Fiscal Year 2018 will be to continue to applicability of comprehensive oil spill pilot records. These records would be support the objectives and priorities response plans for crude oil trains and provided by the FAA, air carriers, and described above in addition to require railroads to share information other persons who employ pilots. The identifying new opportunities for about high-hazard flammable train FAA must maintain these records until deregulatory action. operations with State and tribal it receives notice that a pilot is

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deceased. Air carriers would use this DOT—FAA objects (greater/equal to 10 cm) are database to perform a record check on 72. +Orbital Debris Mitigation Methods estimated to be over 22,000. Recent a pilot prior to making a hiring decision. for Launch Vehicle Upper Stages projections of debris include 500,000 Statement of Need: This rule (Orbital Debris) objects between one and 10 cm, and implements a Pilot Records Database as more than tens of millions of objects required by Public Law 111–216. Priority: Other Significant. smaller than one cm. The estimated rate Section 203 of Public Law 111–216 E.O. 13771 Designation: Regulatory. of debris accumulation will grow Legal Authority: 51 U.S.C. 50903; 51 amends the Pilot Records Improvement significantly over the next 100 years if U.S.C. 50904; 51 U.S.C. 50905 Act (PRIA) by requiring the FAA to left unchecked, and the risk of future CFR Citation: 14 CFR 401; 14 CFR create a pilot records database that collisions between spacecraft and 415; 14 CFR 417; 14 CFR 431; 14 CFR contains various types of pilot records. orbital debris will also increase. 437. Anticipated Cost and Benefits: The These records would be provided by the Legal Deadline: None. FAA, air carriers, and other persons Abstract: This rulemaking would proposed action has present value who employ pilots. The FAA must update current orbital debris mitigation benefits greater than costs, when maintain these records until it receives regulations to more closely align with calculated over a 50-year period. The notice that a pilot is deceased. Air the U.S. Government Orbital Debris total costs are estimated to be present- carriers would use this database to Mitigation Standard Practices, and value $30 million. The total benefits are perform a record check on a pilot prior would update current launch collision estimated to be present value $31 to making a hiring decision. avoidance regulations to match U.S. million. Risks: The risks to the proposed Summary of Legal Basis: The legal Strategic Command (USSTRATCOM) action are the potential technical basis for this rule is section 203 of the practice. Airline Safety and Federal Aviation Statement of Need: This rulemaking is difficulties to implement the proposed Administration Extension Act of 2010, necessary because collisions between methods for dealing with debris by (1) Public Law 111–216, 124 Stat. 2348 and with orbital debris (any artificial natural decay, (2) controlled reentry, or (2010). object left in orbit about the earth which (3) moving debris to a storage orbit. Timetable: Alternatives: The ARC proposed a no longer serves a useful purpose) are a phased implementation as an alternative growing concern. Historically-accepted Action Date FR Cite to PRD’s statutory requirement to enter practices have allowed these objects to all historical records dating from August accumulate in Earth orbit, and because NPRM ...... 02/00/18 1, 2005. Instead, within sixty days after more space faring nations are launching the PRD launch date, air carriers and assets into space. If left unchecked, this Regulatory Flexibility Analysis other persons would provide only the accumulation can clutter useful orbits Required: No. names, certificate numbers, and dates of and present a hazard to operations on- Small Entities Affected: Businesses. birth of employees dating from the PRD orbit. Government Levels Affected: None. launch date back to August 1, 2005. Summary of Legal Basis: The legal URL For More Information: This information would be used to basis for this rulemaking is the www.regulations.gov. identify a pilot applicant’s previous Commercial Space Launch Act of 1984 URL For Public Comments: employer(s). The hiring air carrier (as codified and amended at 51 U.S.C.— www.regulations.gov. would then make a paper PRIA request Commercial Space Transportation, Agency Contact: Jennifer Bailey, to those previous employers to obtain chapter 509, Commercial Space Launch Department of Transportation, Federal any records from before the launch date Activities, 51 U.S.C. 50901–50923 (the Aviation Administration, 800 of PRD. Act)) which authorizes the Department Independence Avenue SW, Washington, Anticipated Cost and Benefits: The of Transportation and thus the FAA, DC 20591, Phone: 202 267–9784, Email: costs and benefits are to be determined. through delegations, to oversee, license, [email protected]. Risks: The risks are to be determined. and regulate commercial launch and RIN: 2120–AK81 Timetable: reentry activities, and the operation of launch and reentry sites as carried out Action Date FR Cite by U.S. citizens or within the United DOT—FAA States (51 U.S.C. 50904). The Act directs NPRM ...... 02/00/18 the FAA to exercise this responsibility 73. +Operations of Small Unmanned consistent with public health and safety, Aircraft Over People Regulatory Flexibility Analysis safety of property, and the national Priority: Other Significant. Required: Yes. security and foreign policy interests of E.O. 13771 Designation: Deregulatory. Small Entities Affected: Businesses. the United States (51 U.S.C. 50905). The Legal Authority: 49 U.S.C. 106(f); 49 Government Levels Affected: None. FAA is also responsible for encouraging, U.S.C. 40101; 49 U.S.C. 40103(b); 49 Additional Information: Costs and facilitating, and promoting commercial U.S.C. 44701(a)(5); Pub. L. 112–95, sec. benefits are not yet determined. space launches by the private sector (51 333 URL For More Information: U.S.C. 50903). CFR Citation: 14 CFR 107. www.regulations.gov. Alternatives: One alternative to the Legal Deadline: None. URL For Public Comments: proposed action is to leave orbital debris Abstract: This rulemaking would www.regulations.gov. as is, without any attempt to de-clutter address the performance-based Agency Contact: Bradley Palmer, the Earth orbit. This is not acceptable standards and means-of-compliance for Department of Transportation, Federal because debris in space travels at operation of small unmanned aircraft Aviation Administration, 800 hypervelocities, and collision with a systems (UAS) over people not directly Independence Avenue SW, Washington, typical operational spacecraft of debris participating in the operation or not DC 20591, Phone: 202 267–7739, Email: of five milimeters or larger will likely under a covered structure or inside a [email protected]. cause damage that ends the mission of stationary vehicle that can provide RIN: 2120–AK31 the spacecraft. As of 2011, trackable reasonable protection from a falling

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small unmanned aircraft. This rule Anticipated Cost and Benefits: Until Airline Safety and Federal Aviation would provide relief from certain the FAA has defined micro UAS (either Administration Act of 2010. operational restrictions implemented in in terms of properties, such as weight, Abstract: This rulemaking would the Operation and Certification of Small or performance) we cannot quantify amend the regulations for air carrier Unmanned Aircraft Systems final rule costs or benefits of the rule. However, as training programs under part 121. The (RIN 2120–AJ60). in the case of part 107 more generally, action is necessary to ensure that air Statement of Need: This rulemaking because this is an enabling provision carriers establish or modify training would permit the operation of small that opens up market opportunities we programs to address mentoring, unmanned aircraft over people not expect the benefits will outweigh the leadership and professional directly participating in the operation or costs since an entrepreneur will only development of flight crewmembers in not under a covered structure or inside voluntarily incur the costs in the part 121 operations. This rulemaking is a stationary vehicle that can provide expectation of returns that exceed those required by the Airline Safety and reasonable protection from a falling costs. It is not possible at this time to Federal Aviation Administration Act of small unmanned aircraft. Currently, estimate benefits and costs resulting 2010. such operations are prohibited. This from level three or greater injury caused Statement of Need: On August 1, rule relieves restrictions and provides by operations conducted under this 2010, the President signed the Airline mitigations to protect people on the rule. Safety and Federal Aviation ground. Risks: If this rule is not implemented, Administration Extension Act of 2010 Summary of Legal Basis: Section 333 operations over people not directly (Pub. L. 111–216). Section 206 of Public of Public Law 112–95 directs the participating in the operation or not Law 111–216 directed the FAA to Secretary of Transportation to determine under a covered structure or inside a convene an aviation rulemaking whether ‘‘certain unmanned aircraft stationary vehicle that can provide committee (ARC) to develop procedures systems may operate safely in the reasonable protection from a falling for each part 121 air carrier pertaining national airspace system.’’ If the small unmanned aircraft will continue to mentoring, professional development, Secretary determines, pursuant to to be prohibited. and leadership and command training section 333, that certain unmanned Timetable: for pilots serving in part 121 operations aircraft systems may operate safely in and to issue a Notice of Proposed the national airspace system, then the Action Date FR Cite Rulemaking (NPRM) based on the ARC recommendations. This NPRM is Secretary must ‘‘establish requirements NPRM ...... 05/00/18 for the safe operation of such aircraft necessary to satisfy a requirement of system in the national airspace system.’’ Regulatory Flexibility Analysis section 206 of Public Law 111–216. This rulemaking is also promulgated Required: Yes. Summary of Legal Basis: The FAA pursuant to 49 U.S.C. 40103(b)(1) and Small Entities Affected: Businesses. authority to issue rules on aviation (2), which charge the FAA with issuing Government Levels Affected: None. safety is found in Title 49 of the United regulations: (1) To ensure the safety of URL For More Information: States Code. Subtitle I, section 106 aircraft and the efficient use of airspace; www.regulations.gov. describes the authority of the FAA and (2) to govern the flight of aircraft for URL For Public Comments: Administrator. Subtitle VII, Aviation purposes of navigating, protecting and www.regulations.gov. Programs, describes in more detail the identifying aircraft, and protecting Agency Contact: Guido Hassig, scope of the agency’s authority. This individuals and property on the ground. Department of Transportation, Federal rulemaking is promulgated under the In addition, 49 U.S.C. 44701(a)(5) Aviation Administration, 1 Airport general authority described in 49 U.S.C. charges the FAA with prescribing Way, Rochester, NY 14624, Phone: 585– 106(f) and 44701(a) and the specific regulations that the FAA finds necessary 436–3880, Email: [email protected]. authority found in section 206 of Public for safety in air commerce and national Related RIN: Related to 2120–AJ60 Law 111–216, the Airline Safety and security. RIN: 2120–AK85 Federal Aviation Administration Alternatives: The FAA considered Extension Act of 2010 (49 U.S.C. 44701 finalizing the micro UAS provisions note), which directed the FAA to originally proposed in the sUAS convene an aviation rulemaking Operation and Certification notice of DOT—FAA committee (ARC) and conduct a proposed rulemaking. The FAA also Final Rule Stage rulemaking proceeding based on this formulated an AFS–80 Working Group ARC’s recommendations pertaining to that developed recommendations for the 74. +Pilot Professional Development mentoring, professional development, agency. The agency was unable to adopt Priority: Other Significant. and leadership and command training those recommendations in the sUAS E.O. 13771 Designation: Regulatory. for pilots serving in part 121 operations. Operation and Certification final rule, Legal Authority: 49 U.S.C. 44701(a)(5); Section 206 further required that the however, because they were outside the Pub. L. 111–216, sec. 206 FAA include in leadership and scope of what was proposed in the CFR Citation: 14 CFR 121. command training, instruction on NPRM. Given the limitations of the Legal Deadline: NPRM, Statutory, compliance with flightcrew member micro UAS proposal in the NPRM and April 20, 2015, NPRM. duties under 14 CFR 121.542. the comments received, and with the This rulemaking would amend the Alternatives: The Flight Crewmember concurrence of the Office of the regulations for air carrier training Mentoring, Leadership, and Professional Secretary of Transportation and the programs under part 121. The action is Development ARC presented Office of Management and Budget, it necessary to ensure that air carriers recommendations to the FAA in its was determined that the best course of establish or modify training programs to report dated November 2, 2010. action was to withdraw the micro UAS address mentoring, leadership and Anticipated Cost and Benefits: For the provisions from the sUAS Operation professional development of flight timeframe 2015 to 2024 (millions of and Certification rule and place them in crewmembers in part 121 operations. 2013 dollars), the total cost saving a new notice of proposed rulemaking. This rulemaking is required by the benefits is $72.017 ($46.263 present

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value) and the total compliance costs is maintenance requirements related to scope of the agency’s authority. This $67.632 ($46.774 present value). lightning protection features, and rulemaking is promulgated under the Risks: As recognized by the National imposing specific requirements for authority described in Subtitle VII, Part Transportation Safety Board (NTSB), the airworthiness limitations in the A, subpart III, section 44701, ’’General overall safety and reliability of the instructions for continued requirements.’’ Under that section, the National Airspace System demonstrates airworthiness. FAA is charged with promoting safe that most pilots conduct operations with Abstract: This rulemaking would flight of civil aircraft in air commerce by a high degree of professionalism. amend certain airworthiness regulations prescribing minimum standards Nevertheless, a problem still exists in for transport category airplanes required in the interest of safety for the the aviation industry with some pilots regarding lightning protection of fuel design and performance of aircraft, acting unprofessionally and not tanks and systems by establishing regulations and minimum standards in adhering to standard operating design requirements for both normal the interest of aviation safety for procedures, including sterile cockpit. conditions and possible failures of fuel inspecting, servicing, and overhauling The NTSB has continued to cite tank structure and systems that could aircraft, and regulations for other inadequate leadership in the flight deck, lead to fuel tank explosions, adding new practices, methods, and procedures the pilots’ unprofessional behavior, and maintenance requirements related to Administrator finds necessary for safety pilots’ failure to comply with the sterile lightning protection features, and in air commerce. This regulation is cockpit rule as factors in multiple imposing specific requirements for within the scope of that authority accidents and incidents including airworthiness limitations in the because it prescribes safety standards Pinnacle Airlines flight 3701 and Colgan instructions for continued for the design of transport category Air, Inc. flight 3407. The FAA intends airworthiness. It would also create airplanes and requirements necessary for this proposal to mitigate performance-based standards for for safety for the design, production, unprofessional pilot behavior which prevention of catastrophic fuel vapor operation, and maintenance of those would reduce pilot errors that can lead ignition caused by lightning by airplanes, and for other practices, to a catastrophic event. regulating the risk due to both ignition methods, and procedures related to Timetable: sources and fuel tank flammability. This those airplanes. change would allow designers to take Alternatives: The FAA’s alternatives Action Date FR Cite advantage of flammability reduction technologies whose effectiveness was are to (1) leave the requirement as it NPRM ...... 10/07/16 81 FR 69908 not foreseen when earlier revisions to currently exists (however this would not NPRM Comment 01/05/17 these rules were written. This change address the problem) or to (2) publish Period End. would also relieve some of the the rulemaking and reduce the number Final Rule ...... 05/00/18 administrative burdens created by the of applicants consistently seeking current regulations. exemptions to compliance with sec. Regulatory Flexibility Analysis Statement of Need: The regulations as 25.981 for fuel tank structural lightning. Required: No. currently written to protect fuel tanks Anticipated Cost and Benefits: This Small Entities Affected: Businesses. from the risk of catastrophic explosion rule is a retrospective regulatory review Government Levels Affected: None. due to lightning strikes is not always rulemaking under Executive Order URL For More Information: practical. The impracticality has led 13563. This rule would be relieving for www.regulations.gov. manufacturers to petition for both government and industries with URL For Public Comments: exemptions from this section, which the www.regulations.gov. the estimated net benefits. We assess FAA has granted with special regulatory benefits based on resources Agency Contact: Sheri Pippin, conditions to achieve the intended level Department of Transportation, Federal saved for reducing regulatory burden on of safety of the rule. This exemption both industry and the FAA. The total Aviation Administration, 15000 process has created an administrative Aviation Boulevard, Lawndale, CA combined savings would be about $610 burden on both industry and the FAA. million or $451 million present value at 90261, Phone: 310 725–7342, Email: This rulemaking proposes to amend [email protected]. a seven percent discount rate. The lower those to remove the requirement for the and the higher estimates of the total Related RIN: Related to 2120–AJ00 prevention of lightning ignition sources RIN: 2120–AJ87 combined regulatory savings would be and add a new, broader requirement for between $384 million and $836 million the prevention of ignition due to ($283 million and $618 million present lightning. This new proposed value at a 7 percent discount rate, DOT—FAA requirement is intended to mitigate the respectively). The proposed rule would risk of fuel tank ignition by considering maintain achieved safety levels related 75. +Transport Airplane Fuel Tank and both ignition sources and fuel tank System Lightning Protection to fuel tank structure and system flammability limits offered by existing lightning protection commensurate with Priority: Other Significant. regulations. The proposed amendments the current requirements. E.O. 13771 Designation: Deregulatory. would re-state, in performance-based Legal Authority: 49 U.S.C. 106(g); 49 rules, the intention to prevent Risks: If we don’t publish the rule, U.S.C. 40113; 49 U.S.C. 44701; 49 U.S.C. catastrophic fuel tank vapor ignition there is a risk of a continued paperwork 44702; 49 U.S.C. 44704 due to lightning, rather than focus solely burden for the public and the FAA. CFR Citation: 14 CFR 25. on the prevention of ignition sources. Timetable: Legal Deadline: Final, Statutory, July Summary of Legal Basis: The FAA’s 18, 2016, Final. authority to issue rules regarding Action Date FR Cite This rulemaking would establish aviation safety is found in title 49 of the design requirements for both normal United States Code. Subtitle I, section NPRM ...... 12/18/14 79 FR 75496 conditions and possible failures of fuel 106 describes the authority of the FAA NPRM Comment 03/18/15 Period End. tank structure and systems that could Administrator. Subtitle VII, Aviation Final Rule ...... 01/00/18 lead to fuel tank explosions, adding new Programs, describes in more detail the

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Regulatory Flexibility Analysis requirements and request for further including small unmanned aircraft, is Required: No. information issued October 19, 2015, 49 the paper-based system set forth in 14 Small Entities Affected: No. U.S.C. 44102 requires aircraft to be CFR parts 45 and 47. As the Secretary Government Levels Affected: None. registered prior to operation. See 80 FR and the Administrator noted in the Additional Information: SB: N, IC: N, 63912 (October 22, 2015). Currently, the clarification issued October 19, 2015, SLT: N Anticipated costs and benefits: only registration and aircraft and further analyzed in the regulatory The total combined savings would be identification process available to evaluation accompanying this about $610 million or $451 million comply with the statutory aircraft rulemaking, the Department and the present value at a 7% discount rate. The registration requirement for all aircraft FAA have determined that this process lower and the higher estimates of the owners, including small unmanned is too onerous for small unmanned total combined regulatory savings aircraft, is the paper-based system set aircraft owners and the FAA. would be between $384 million and forth in 14 CFR parts 45 and 47. As the Anticipated Cost and Benefits: In $836 million ($283 million and $618 Secretary and the Administrator noted order to implement the new million present value at a 7% discount in the clarification issued October 19, streamlined, web-based system rate, respectively). 2015 and further analyzed in the described in this interim final rule (IFR), URL For More Information: regulatory evaluation accompanying the FAA will incur costs to develop, www.regulations.gov. this rulemaking, the Department and the implement, and maintain the system. URL For Public Comments: FAA have determined that this process Small UAS owners will require time to www.regulations.gov. is too onerous for small unmanned register and mark their aircraft, and that Agency Contact: Massoud Sadeghi, aircraft owners and the FAA. Thus, after time has a cost. The total of government Department of Transportation, Federal considering public comments and the and registrant resource cost for small Aviation Administration, 1601 Lind recommendations from the Unmanned unmanned aircraft registration and Avenue SW, Renton, WA 98055, Phone: Aircraft System (UAS) Registration Task marking under this new system is $56 425 227–2117, Email: Force, the Department and the FAA million ($46 million present value at [email protected]. have developed an alternative process, seven percent) through 2020. In RIN: 2120–AK24 provided by this IFR (14 CFR part 48) evaluating the impact of this interim for registration and marking available final rule, we compare the costs and only to small unmanned aircraft owners. benefits of the IFR to a baseline Small unmanned aircraft owners may consistent with existing practices: For DOT—FAA use this process to comply with the modelers, the exercise of discretion by 76. +Registration and Marking statutory requirement to register their FAA (not requiring registration) and Requirements for Small Unmanned aircraft prior to operating in the continued broad public outreach and Aircraft National Airspace System (NAS). educational campaign, and for non- Summary of Legal Basis: The FAA’s modelers, registration via part 47 in the Priority: Other Significant. authority to issue rules on aviation paper-based system. Given the time to E.O. 13771 Designation: Regulatory. safety is found in Title 49 of the United register aircraft under the paper-based Legal Authority: 49 U.S.C. 106(f), 49 States Code. Subtitle I, section 106 system and the projected number of U.S.C. 41703, 44101 to 44106, 44110– describes the authority of the FAA sUAS aircraft, the FAA estimates the 44113, and 44701 Administrator. Subtitle VII, Aviation cost to the government and non- CFR Citation: 14 CFR 1; 14 CFR 375; Programs, describes in more detail the modelers would be about $383 million. 14 CFR 45; 14 CFR 47; 14 CFR 48; 14 scope of the agency’s authority. This The resulting cost savings to society CFR 91. rulemaking is promulgated under the from this IFR equals the cost of this Legal Deadline: None. authority described in 49 U.S.C. 106(f), baseline policy ($383 million) minus the Abstract: This final rule amends the which establishes the authority of the cost of this IFR ($56 million), or about web-based aircraft registration process Administrator to promulgate regulations $327 million ($259 million in present for the registration of small unmanned and rules; and 49 U.S.C. 44701(a)(5), value at a seven percent discount rate). aircraft to facilitate compliance with the which requires the Administrator to These cost savings are the net quantified statutory requirement that an aircraft promote safe flight of civil aircraft in air benefits of this IFR. must be registered prior to operation. commerce by prescribing regulations Risks: Many of the owners of these Accordingly, this final rule removes the and setting minimum standards for new sUAS may have no prior aviation requirement for owners who operate other practices, methods, and experience and have little or no their model aircraft exclusively in procedures necessary for safety in air understanding of the NAS, let alone compliance with the Special Rule for commerce and national security. This knowledge of the safe operating Model Aircraft to register their aircraft. rule is also promulgated pursuant to 49 requirements and additional Additionally, as this final rule requires U.S.C. 44101 to 44106 and 44110 to authorizations required to conduct small unmanned aircraft owners to 44113 which require aircraft to be certain operations. Aircraft registration externally display the unique identifier registered as a condition of operation provides an immediate and direct assigned by the FAA upon completion and establish the requirements for opportunity for the agency to engage of the registration process, they will no registration and registration processes. and educate these new users prior to longer be permitted to enclose the Additionally, this rulemaking is operating their unmanned aircraft and unique identifier in an aircraft promulgated pursuant to the Secretary’s to hold them accountable for compartment. authority in 49 U.S.C. 41703 to permit noncompliance with safe operating Statement of Need: This interim final the operation of foreign civil aircraft in requirements, thereby mitigating the rule (IFR) provides an alternative the United States. risk associated with the influx of process that small unmanned aircraft Alternatives: Currently, the only operations. In light of the increasing owners may use to comply with the registration and aircraft identification reports and incidents of unsafe statutory requirements for aircraft process available to comply with the incidents, rapid proliferation of both operations. As provided in the statutory aircraft registration commercial and model aircraft clarification of these statutory requirement for all aircraft owners, operators, and the resulting increased

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risk, the Department has determined it and rear designated seating positions in Timetable: is contrary to the public interest to passenger vehicles. The seat belt proceed with further notice and reminder system is intended to increase Action Date FR Cite comment rulemaking regarding aircraft seat belt usage and thereby improve the registration for small unmanned aircraft. crash protection of vehicle occupants NPRM ...... 10/00/18 To minimize risk to other users of the who would otherwise have been Regulatory Flexibility Analysis NAS and people and property on the unbelted. This rulemaking would Required: No. ground, it is critical that the Department respond in part to a petition for Small Entities Affected: No. rulemaking submitted by Public Citizen be able to link the expected number of Government Levels Affected: None. new unmanned aircraft to their owners and Advocates for Highway and Auto URL For More Information: Safety, as well as to requirements in and educate these new owners prior to www.regulations.gov. commencing operations. MAP–21. URL For Public Comments: Statement of Need: Based on recent Timetable: www.regulations.gov. FARS data, there was an annual average Agency Contact: Carla Rush, Safety Action Date FR Cite of 1,695 rear-seat passenger vehicle Standards Engineer, Department of occupants killed. Of these fatalities, Transportation, National Highway Interim Final Rule 12/16/15 80 FR 78593 1,151 rear-seat occupants (68 percent) Traffic Safety Administration, 1200 New Interim Final Rule 12/21/15 were known to be unrestrained. Jersey Avenue SE, Washington, DC Effective. According to recent NASS–GES data, OMB approval of 12/21/15 80 FR 79255 20590, Phone: 202 366–4583, Email: there was an annual average of 46,927 information col- [email protected]. rear-seat occupants injured, of which lection. RIN: 2127–AL37 Interim Final Rule 01/15/16 15,290 (33 percent) were unrestrained. Comment Pe- These unrestrained occupants who were riod End. killed or injured represent the rear-seat Final Rule ...... 02/00/18 occupant target population. There was DOT—NHTSA an annual average of 3,846 front 78. +Passenger Car and Light Truck Regulatory Flexibility Analysis outboard passenger seat occupant Corporate Average Fuel Economy Required: Yes. fatalities in the FARS data. Of these Standards MYS 2022–2025 Small Entities Affected: Businesses. fatalities, 1,799 occupants (46.8 percent) Government Levels Affected: None. were unrestrained. In addition, Priority: Economically Significant. International Impacts: This regulatory according to NASS–GES data, there was Major under 5 U.S.C. 801. action will be likely to have an annual average of 67,948 injured E.O. 13771 Designation: Regulatory. international trade and investment occupants in front outboard seating Legal Authority: 49 U.S.C. 32902; effects, or otherwise be of international positions in crashes. Of those front delegation of authority at 49 CFR 1.95 interest. outboard seat occupants injured, 20,369 CFR Citation: 49 CFR 531; 49 CFR URL For More Information: (30 percent) were unrestrained. These 533. www.regulations.gov. unrestrained occupants who were killed Legal Deadline: Final, Statutory, April URL For Public Comments: or injured in crashes represent the front 1, 2020, Publish Final Rule. www.regulations.gov. outboard passenger seat occupant target Abstract: This rulemaking would Agency Contact: Sara Mikolop, population. address Corporate Average Fuel Department of Transportation, Federal Summary of Legal Basis: MAP–21 Economy (CAFE) standards for light Aviation Administration, 800 required the Secretary to initiate a trucks and for passenger cars for model Independence Avenue SW, Washington, rulemaking proceeding to amend years 2022–2025. This rulemaking DC 20591, Phone: 202 267–7776, Email: FMVSS No. 208 to provide a safety belt would respond to requirements of the [email protected]. use warning system for designated Energy Independence and Security Act RIN: 2120–AK82 seating positions in the rear seat. It of 2007 (EISA), title 1, subtitle A, directed the Secretary to either issue a section 102, as it amends 49 U.S.C. final rule, or, if the Secretary 32902, which was signed into law determined that such an amendment December 19, 2007. The statute requires DOT—NATIONAL HIGHWAY TRAFFIC that corporate average fuel economy SAFETY ADMINISTRATION (NHTSA) did not meet the requirements and considerations of 49 U.S.C. 30111, to standards be prescribed separately for Proposed Rule Stage submit a report to Congress describing passenger automobiles and non- the reasons for not prescribing such a passenger automobiles to achieve a 77. +Rear Seat Belt Reminder System standard. combined fleet fuel economy of at least Priority: Economically Significant. Alternatives: The Agency considered 35 mpg by model year 2020. For model Major under 5 U.S.C. 801. several alternatives, including (1) years 2021 to 2030, the average fuel E.O. 13771 Designation: Regulatory. requiring occupant detection for rear economy required to be attained by each Legal Authority: 49 U.S.C. 30101; warning system; (2) requiring a SBRS for fleet of passenger and non-passenger delegation of authority at 49 CFR 1.95 the front center seat; (3) system automobiles shall be the maximum CFR Citation: 49 CFR 571.208. hardening from inadvertent and feasible for each model year. The law Legal Deadline: NPRM, Statutory, intentional defeat; and (4) awarding requires the standards be set at least 18 October 1, 2014, Initiate. Final, points through NCAP for rear SBRSs. months prior to the start of the model Statutory, October 1, 2015, Final Rule. Anticipated Cost and Benefits: The year. Abstract: This rulemaking would proposed rule would result in 42—64 Statement of Need: Setting Corporate amend Federal Motor Vehicle Safety ELS and 33—50 ELS at 3 percent and 7 Average Fuel Economy standards Standard No. 208, ‘‘Occupant crash percent discount rates, respectively. The passenger cars, light truck and medium- protection,’’ to require automobile estimated total cost is $163.3 million. duty passenger vehicles will reduce fuel manufacturers to install a seat belt Risks: The Agency believes there are consumption, and will thereby improve reminder system for the front passenger no substantial risks to this rulemaking. U.S. energy independence and energy

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security, which has been a national CFR Citation: 49 CFR 238. exclusive right-of-way (not physically objective since the first oil price shocks Legal Deadline: None. connected to the general railroad in the 1970s. Transportation accounts Abstract: This rulemaking would system), utilizing passenger equipment for about 70 percent of U.S. petroleum update existing safety standards for that complies with European or other consumption, and light-duty vehicles passenger rail equipment. Specifically, international standards but not account for about 60 percent of oil use the rulemaking would add a new tier of necessarily with FRA’s proposed in the U.S. transportation sector. passenger equipment safety standards requirements. FRA rejected this Summary of Legal Basis: This (Tier III) to facilitate the safe alternative because a major tenet of this rulemaking would respond to implementation of nation-wide, rule is to safely facilitate the requirements of the Energy interoperable, high-speed passenger rail implementation of nationwide, Independence and Security Act of 2007 service at speeds up to 220 mph. The interoperable HSR service. (EISA), title 1, subtitle A, section 102, as Tier III standards require operations at Anticipated Cost and Benefits: This it amends 49 U.S.C. 32902, which was speeds above 125 mph to be in an signed into law December 19, 2007. The exclusive right-of-way without grade rule would amend passenger equipment statute requires that corporate average crossings. This rule would also establish safety regulations. It adds a new fuel economy standards be prescribed crashworthiness and occupant equipment tier (‘‘Tier III’’) to facilitate separately for passenger automobiles protection performance requirements as the safe implementation of high-speed and non-passenger automobiles. For an alternative to those currently rail (up to 220 mph on dedicated rail model years 2021 to 2030, the average specified for Tier I passenger trainsets. lines) and establishes alternative fuel economy required to be attained by Additionally, the rule would increase crashworthiness performance standards each fleet of passenger and non- from 150 mph to 160 mph the maximum to qualify passenger rail equipment for passenger automobiles shall be the speed for passenger equipment that Tier I operations. This rule is maximum feasible for each model year. complies with FRA’s Tier II standards. deregulatory in nature. At the proposed The law requires the standards be set at The rule is expected to ease regulatory rule stage, FRA estimated the total cost least 18 months prior to the start of the burdens, allow the development of of the proposed rule to be between $4.59 model year. advanced technology, and increase and $4.62 billion, discounted to Alternatives: NHTSA will present safety benefits. between $3.13 and $3.16 billion at a 3 regulatory alternatives in the upcoming Statement of Need: This rulemaking percent discount rate, and between proposal. would update existing safety standards $1.94 and $1.96 billion at a 7 percent Anticipated Cost and Benefits: for passenger rail equipment. discount rate. The annualized costs NHTSA will present estimated costs and Specifically, the rulemaking would add were estimated to be $64.6–65.1 million a new tier of passenger equipment safety benefits in the upcoming proposal. at a 7 percent discount rate and $101.9– Risks: The agency believes there are standards (Tier III) to facilitate the safe 102.6 million at a 3 percent discount implementation of nation-wide, no substantial risks to this rulemaking. rate. FRA estimated the total benefits to interoperable, high-speed passenger rail Timetable: be between $8.66 and $16.75 billion, service at speeds up to 220 mph. The discounted to between $6.05 and $11.27 Action Date FR Cite Tier III standards require operations at speeds above 125 mph to be in an billion at a 3 percent discount rate, and between $3.85 and $7.06 billion at a 7 Notice ...... 07/27/16 81 FR 49217 exclusive right-of-way without grade NPRM ...... 03/00/18 crossings. This rule would also establish percent discount rate. The annualized crashworthiness and occupant benefits were estimated to be $121.8– Regulatory Flexibility Analysis protection performance requirements as 235.8 million at a 7 percent discount Required: Undetermined. an alternative to those currently rate and $192–371.7 million at a 3 Government Levels Affected: None. specified for Tier I passenger trainsets. percent discount rate. The benefits are URL For More Information: Additionally, the rule would increase derived by calculating the difference www.regulations.gov. from 150 mph to 160 mph the maximum between the estimated equipment and URL For Public Comments: speed for passenger equipment that infrastructure costs without the rule and www.regulations.gov. complies with FRA’s Tier II standards. the estimated costs of pursuing the same Agency Contact: James Tamm, Fuel The rule is expected to ease regulatory projects with the new rule in effect. The Economy Division Chief, Department of burdens, allow the development of majority of the benefits are due to a rule Transportation, National Highway advanced technology, and increase modification that provides Tier III Traffic Safety Administration, 1200 New safety benefits. trainsets the ability to operate on shared Jersey Avenue SE, Washington, DC Summary of Legal Basis: 49 U.S.C. track rather than build new, 20590, Phone: 202 493–0515, Email: 20103, 20107, 20133, 20141, 20302 and independent infrastructure into urban [email protected]. 20303, 20306, 20701 and 20702, 21301 areas. FRA is currently evaluating the RIN: 2127–AL76 and 21302, 21304; 28 U.S.C. 2461, note; core assumptions that lead to such large and 49 CFR 1.89. benefits to ensure their accuracy. Alternatives: The alternatives FRA Risks: The risk is regulatory considered in establishing the proposed uncertainty for potential Tier III and DOT—FEDERAL RAILROAD safety requirements for Tier III trainsets Tier I alternative operations. Tier III ADMINISTRATION (FRA) are the European and Japanese industry operations could still be conducted, but Final Rule Stage standards. However, as neither of those standards adequately address the safety would require a series of waivers, which 79. +Passenger Equipment Safety concerns presented in the US rail are not as permanent as regulatory Standards Amendments environment, FRA rejected adopting approval (and not as certain). Also, Tier Priority: Economically Significant. either of them as a regulatory alternative I alternative trainsets would still require Major under 5 U.S.C. 801. suitable for interoperable equipment. waivers for operation (same regulatory E.O. 13771 Designation: Deregulatory. FRA also considered the alternative of uncertainty as for Tier III). Legal Authority: 49 U.S.C. 20103 standalone HSR systems operating on an Timetable:

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Action Date FR Cite Code, and any regulations or practices Legal Authority: 49 U.S.C. 5329(c) thereunder, and private investment in CFR Citation: 49 CFR 673. NPRM ...... 12/06/16 81 FR 88006 public transportation capital projects, Legal Deadline: None. NPRM Comment 02/06/17 and to develop and implement Abstract: This rulemaking would Period End. procedures on a project basis that establish requirements for States or Final Rule ...... 06/00/18 address such impediments in a manner recipients to develop and implement similar to the Special Experimental individual agency safety plans. The Regulatory Flexibility Analysis Project Number 15 of the Federal requirements of this rulemaking will be Required: Yes. Highway Administration (FHWA) based on the principles and concepts of Small Entities Affected: Businesses. commonly referred to as ‘‘SEP–15’’. Safety Management Systems (SMS). Government Levels Affected: State. Section 20013(b)(5) of MAP–21 requires SMS is the formal, top-down, URL For More Information: the issuance of a rule to carry out the organization-wide approach to www.regulations.gov. procedures and approaches developed managing safety risks and assuring the URL For Public Comments: under section 20013(b)(1). effectiveness of a transit agency’s safety www.regulations.gov. Alternatives: Promulgation of a risk controls. SMS includes systematic Agency Contact: Elliott Gillooly, regulation is required by statute to procedures, practices, and policies for Department of Transportation, Federal implement these procedures. managing hazards and risks. Railroad Administration, 1200 New Anticipated Cost and Benefits: FTA Statement of Need: The public Jersey Avenue SE, Washington, DC has examined the potential economic transportation industry remains among 20590, Phone: 202 366–4000, Email: impacts of this rulemaking and has the safest surface transportation modes [email protected]. determined that this rulemaking is not in terms of total reported safety events, RIN: 2130–AC46 economically significant because it will fatalities, and injuries. The National not result in an effect on the economy Safety Council (NSC) reports that in of $100 million or more. This action is most locations around the nation, DOT—FEDERAL TRANSIT considered deregulatory and comments passengers on public transportation ADMINISTRATION (FTA) are requested regarding the costs savings vehicles are 40 to 70 times less likely to of this action. experience an accident than drivers and Proposed Rule Stage Risks: The proposals set forth in this passengers in private automobiles. Nonetheless, given the complexity of 80. +Private Investment Project rule will not adversely affect the public transportation service, the Procedures economy, interfere with actions taken or planned by other agencies, or generally condition and performance of transit Priority: Other Significant. alter the budgetary impact of any equipment and facilities, turnover in the E.O. 13771 Designation: Deregulatory. entitlements, grants, user fees, or loan transit workforce, and the quality of Legal Authority: Pub. L. 112–141, sec. programs. procedures, training, and supervision, 20013(b) Timetable: the public transportation industry CFR Citation: 49 CFR 650. remains vulnerable to catastrophic Legal Deadline: None. Action Date FR Cite accidents. This Notice of Proposed Abstract: This rulemaking proposes Rulemaking (NPRM) proposes a new, experimental procedures to NPRM ...... 07/31/17 82 FR 35500 minimal set of requirements for Public encourage greater use of public-private NPRM Comment 09/29/17 Transportation Agency Safety Plans that partnerships and private investment in Period End. would carry out the several explicit public transportation capital projects Analyzing Com- 12/00/17 statutory mandates in the Moving ments. (PIPP). The proposed PIPP is aimed Ahead for Progress in the 21st Century specifically at increased project Regulatory Flexibility Analysis Act (Pub. L. 112–141; July 6, 2012) management flexibility, more (MAP–21), now codified at 49 U.S.C. innovation in funding, improved Required: No. Small Entities Affected: No. 5329(d), to strengthen the safety of efficiency, timely project Government Levels Affected: None. public transportation systems that implementation, and new revenue URL For More Information: receive Federal financial assistance streams. www.regulations.gov. under chapter 53. This NPRM proposes Statement of Need: The Federal URL For Public Comments: requirements for the adoption of Safety Transit Administration is proposing www.regulations.gov. Management Systems (SMS) principles new, experimental procedures to Agency Contact: Chaya Koffman, and methods; the development, encourage increased project Attorney Advisor, Department of certification, and update of Public management flexibility, more Transportation, Federal Transit Transportation Agency Safety Plans; innovation in project funding, improved Administration, 200 New Jersey Avenue and the coordination of Public efficiency, timely project SE, Washington, DC 20590, Phone: 202 Transportation Agency Safety Plan implementation and new revenue 366–4011, Email: chaya.koffman@ elements with other FTA programs and streams. A primary goal is to address dot.gov. proposed rules, as specified in MAP–21. impediments to the greater use of RIN: 2132–AB27 Summary of Legal Basis: 49 U.S.C. public-private partnerships (P3s) and 5329(d). private investment in public Alternatives: MAP–21 requires the transportation capital projects (Private Department to issue this regulation. The Investment Project Procedures or PIPP). DOT—FTA NPRM will set forth FTA’s proposals for Summary of Legal Basis: Section Final Rule Stage implementing the requirement for 20013(b)(1) of the Moving Ahead for Public Transportation Safety Plans and Progress in the 21st Century Act (MAP– 81. +Public Transportation Agency solicit comments on alternatives to both 21), Public Law 1120141 (July 6, 2012), Safety Plans the proposals therein and to regulation. directed FTA to identify impediments Priority: Other Significant. Anticipated Cost and Benefits: FTA in chapter 53 of title 49 of the U.S. E.O. 13771 Designation: Regulatory. has determined that this is an

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‘‘economically significant’’ rule under to population increases would be an requirements, specifically those Executive Order 12866, since it would equally safe but less costly alternative to requirements causing operators to either cost approximately $111 million in the the current requirements of either reduce pressure, pressure test, or first year and $90 million per year reducing pressure, pressure testing, or replace pipe when class locations thereafter. The average annual cost over replacing pipe. This request for public change in areas due to population a 20-year horizon period is $92 million. comment would be used to inform increases. One such alternative, as The benefits of the proposed rule are future regulatory or deregulatory efforts suggested by certain members of estimated at $775 million per year over related to this topic. industry, could include the performance the 20-year horizon period. Statement of Need: Section 5 of the of integrity management measures on Risks: The NPRM is merely a proposal Pipeline Safety, Regulatory Certainty, affected pipelines. PHMSA is soliciting for public comment, and would not and Job Creation Act of 2011 required and will evaluate and consider impose any binding obligations. the Secretary of Transportation to additional regulatory alternatives, However, given that the safety program evaluate and issue a report on whether including no action. is new, there will likely be significant integrity management requirements Anticipated Cost and Benefits: interest in any action FTA takes to should be expanded beyond high- PHMSA believes there is no cost to this implement the requirements of the consequence areas and whether such rulemaking action, but we will solicit program. expansion would mitigate the need for further information on the costs and Timetable: class location requirements. PHMSA benefits of the current class location issued a Notice of Inquiry on this topic requirements as they pertain to class Action Date FR Cite on August 1, 2013, and issued a report location changes, as well as the costs to Congress on its evaluation of this and benefits of any alternatives. NPRM ...... 02/05/16 81 FR 6344 issue in April 2016. In that report, Risks: This rulemaking will provide NPRM Comment 04/05/16 PHMSA decided to retain the existing PHMSA with additional information as Period End. class location requirements, but noted it Final Rule ...... 02/00/18 to whether the performance of integrity would further examine issues related to management (or other alternatives) in pipe replacement requirements when Regulatory Flexibility Analysis lieu of the current regulatory class locations change due to population requirements for reducing pressure, Required: No. growth. PHMSA noted that it would Small Entities Affected: No. pressure testing, or replacing pipe when further evaluate the feasibility and class locations change due to population Government Levels Affected: None. appropriateness of alternatives to URL For More Information: growth will increase, decrease, or address this issue following publication maintain the current level of risk. www.regulations.gov. of the final rule, ‘‘Pipeline Safety: Safety URL For Public Comments: PHMSA notes that while performing of Gas Transmission Pipelines’’ (Docket alternatives to the current regulations www.regulations.gov. No. PHMSA–2011–0023; RIN 2137– Agency Contact: Candace Key, might allow for an equivalent level of AE72). In line with that intent, section risk, there is a potential for greater Department of Transportation, Federal 4 of the Protecting Our Infrastructure of Transit Administration, 1200 New consequences in an area where a class Pipelines and Enhancing Safety Act of location has changed due to population Jersey Avenue SE, Washington, DC 2016 requires PHMSA to provide a 20590, Phone: 202 366–4000, Email: increases along the pipeline. report to Congress no later than 18 Timetable: [email protected]. months after the publication of the gas Related RIN: Split from 2132–AB20, transmission final rule that reviews the Action Date FR Cite Related to 2132–AB22 types of benefits, including safety RIN: 2132–AB23 benefits, and estimated costs of the ANPRM ...... 04/00/18 legacy class location regulations. Therefore, PHMSA is initiating this Regulatory Flexibility Analysis DOT—PIPELINE AND HAZARDOUS rulemaking to obtain public comment Required: Undetermined. MATERIALS SAFETY on whether the performance on integrity Government Levels Affected: None. ADMINISTRATION (PHMSA) management measures on pipelines URL For More Information: where class locations have changed due www.regulations.gov. Prerule Stage to population increases would be an URL For Public Comments: 82. • +Pipeline Safety: Class Location equally safe but less costly alternative to www.regulations.gov. Requirements the current class location change Agency Contact: Cameron requirements. Satterthwaite, Department of Priority: Other Significant. Major Summary of Legal Basis: Congress Transportation, Pipeline and Hazardous status under 5 U.S.C. 801 is established the current framework for Materials Safety Administration, 1200 undetermined. regulating the safety of natural gas New Jersey Avenue SE, Washington, DC E.O. 13771 Designation: Deregulatory. pipelines in the Natural Gas Pipeline 20590, Phone: 202 366–1319, Email: Legal Authority: 49 U.S.C. 60101 et Safety Act of 1968 (NGPSA). The [email protected]. seq. NGPSA provided the Secretary of RIN: 2137–AF29 CFR Citation: 49 CFR 192. Transportation the authority to Legal Deadline: None. prescribe minimum Federal safety Abstract: This rulemaking regards standards for natural gas pipeline DOT—PHMSA existing class location requirements, facilities. That authority, as amended in specifically as they pertain to actions subsequent reauthorizations, is Final Rule Stage operators are required to take following currently codified in the Pipeline Safety 83. +Pipeline Safety: Safety of class location changes. Operators have Laws (49 U.S.C. secs. 60101 et seq.). suggested that performing integrity Alternatives: In this rulemaking, Hazardous Liquid Pipelines management measures on pipelines PHMSA will solicit public opinion on Priority: Other Significant. where class locations have changed due alternatives to the current class location E.O. 13771 Designation: Regulatory.

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Legal Authority: 49 U.S.C. 60101 et authority to prescribe minimum Federal Legal Authority: 49 U.S.C. 60101 et seq. safety standards for hazardous liquid seq. CFR Citation: 49 CFR 195. pipeline facilities. That authority, as CFR Citation: 49 CFR 192. Legal Deadline: None. amended in subsequent Legal Deadline: None. Abstract: This rulemaking would reauthorizations, is currently codified in Abstract: This rulemaking would amend the Pipeline Safety Regulations the Pipeline Safety Laws (49 U.S.C. amend the pipeline safety regulations to to improve protection of the public, 60101 et seq.). address integrity management property, and the environment by Alternatives: PHMSA proposed principles for gas transmission closing regulatory gaps where alternatives to include offshore and pipelines. The rulemaking would appropriate; ensuring that operators are gathering lines in the scope of address repair criteria for high- increasing the detection and provisions requiring assessments consequence areas (HCA) and non-HCA remediation of unsafe conditions; and outside of HCAs and leak detection areas, assessment methods, validating mitigating the adverse effects of systems, revise the repair criteria for and integrating pipeline data, risk hazardous liquid pipeline failures. pipelines outside HCAs, and evaluated assessments, knowledge gained through Statement of Need: This rulemaking additional regulatory alternatives the integrity management program, addresses Congressional mandates in including no action. corrosion control, change management, the 2011 Pipeline Reauthorization Act Anticipated Cost and Benefits: gathering lines, and safety features on (sections 5, 8, 21, 29, 14) and 2016 Estimated annualized costs are $18 launchers and receivers. PIPES Act (sections 14 and 25); NTSB million. Benefits are presented Statement of Need: This rulemaking is recommendations P–12–03 and P–12– qualitatively and in terms of breakeven in direct response to Congressional 04; and GAO recommendation 12–388. analysis based on reported mandates in the 2011 Pipeline These statutory mandates and consequences from past incidents. Reauthorization Act, specifically sec. 4 recommendations follow a number of Risks: These changes will provide (e) Gas IM plus 6 months), sec. 5(IM), 8 high profile and high consequence PHMSA additional data on pipelines to (leak detection), 23(b)(2)(exceedance of accidents (e.g., 2010 Marshall, MI spill inform risk evaluation and reduce the MAOP); sec. 29 (seismicity). These of almost one million gallons of crude probability and consequences of failures statutory mandates and oil into the Kalamazoo River). PHMSA through increased inspections, leak recommendations stem from a number is amending the hazardous liquid detection, and other changes to of high profile and high consequence pipeline safety regulations to: (1) Extend managing pipeline risks. gas transmission and gathering pipeline reporting requirements to gravity lines Timetable: incidents and changes in the industry that do not meet certain exceptions; (2) since the establishment of existing 2xtend certain reporting requirements to Action Date FR Cite regulatory requirements (e.g., San all hazardous liquid gathering lines; (3) Bruno, CA explosion that killed eight require inspections of pipelines in areas ANPRM ...... 10/18/10 75 FR 63774 people). affected by extreme weather, natural Comment Period 01/04/11 76 FR 303 Summary of Legal Basis: Congress has Extended. disasters, and other similar events; (4) authorized Federal regulation of the require periodic assessments of onshore ANPRM Comment 01/18/11 Period End. transportation of gas by pipeline under transmission pipelines that are not the Commerce Clause of the U.S. already covered under the integrity Extended Com- 02/18/11 ment Period Constitution. Authorization is codified management (IM) program End. in the Pipeline Safety Laws (49 U.S.C. requirements; (5) expand the use of leak NPRM ...... 10/13/15 80 FR 61610 secs. 60101 et seq.), a series of statutes detection systems on onshore hazardous NPRM Comment 01/08/16 that are administered by the DOT, liquid transmission pipelines to mitigate Period End. PHMSA. PHMSA has used that the effects of failures that occur outside Final Rule ...... 04/00/18 authority to promulgate comprehensive of high consequence areas; (6) modify minimum safety standards for the the IM repair criteria, both by expanding Regulatory Flexibility Analysis transportation of gas by pipeline. Required: Yes. the list of conditions that require Alternatives: PHMSA considered immediate remediation and Small Entities Affected: Businesses. Government Levels Affected: None. alternatives to establishing a newly consolidating the time frames for re- defined moderate consequence area and mediating all other conditions; (7) URL For More Information: www.regulations.gov. evaluated requiring assessments for all increase the use of inline inspection pipelines outside HCAs. tools by requiring that any pipeline that URL For Public Comments: www.regulations.gov. Anticipated Cost and Benefits: could affect a high consequence area be Preliminary estimates of annualized capable of accommodating these devices Agency Contact: Cameron Satterthwaite, Department of costs are in the range of $40 million; within 20 years, unless its basic annualized benefits, including cost construction will not permit that Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 savings, are over $200 million. accommodation; and (8) clarify other Risks: This rule addresses known regulations to improve compliance and New Jersey Avenue SE, Washington, DC 20590, Phone: 202 366–1319, Email: risks to gas transmission and gathering enforcement. The rule also requires including the ‘‘grandfather clause’’ safety data sheets and inspection of [email protected]. RIN: 2137–AE66 (exemption for testing to establish pipelines located at depths greater than maximum operating pressure for 150 feet under the surface of the water. transmission lines) and new Summary of Legal Basis: Congress unregulated gathering lines that established the current framework for DOT—PHMSA resemble transmission lines. regulating the safety of hazardous liquid Timetable: pipelines in the Hazardous Liquid 84. +Pipeline Safety: Gas Transmission Pipeline Safety Act (HLPSA) of 1979 Priority: Other Significant. Major Action Date FR Cite (Pub. L. 96–129). The HLPSA provided under 5 U.S.C. 801. the Secretary of Transportation the E.O. 13771 Designation: Regulatory. ANPRM ...... 08/25/11 76 FR 53086

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Action Date FR Cite ‘‘Classifying and Loading of Crude Oil Anticipated Cost and Benefits: In the into Rail Tank Cars,’’ First Edition, NPRM, PHMSA performed a breakeven ANPRM Comment 11/16/11 76 FR 70953 September 2014. analysis by identifying the number of Period Ex- Statement of Need: This rulemaking is gallons of oil that the NPRM would tended. important to mitigate the effects of need to prevent from being spilled in ANPRM Comment 12/02/11 order for its benefits to at least equal its Period End. potential train accidents involving the End of Extended 01/20/12 release of flammable liquid energy estimated costs. Additional benefits may Comment Pe- products by increasing planning and also be incurred due to ecological and riod. preparedness. The proposals in this human health improvements that may NPRM ...... 04/08/16 81 FR 20721 rulemaking are shaped by mandates in not be captured in the value of the NPRM Comment 06/08/16 Fixing America’s Surface Transportation avoided cost of spilled oil. In the NPRM Period End. (FAST) Act of 2015, public comments, PHMSA estimated the rule is cost- Final Rule ...... 08/00/18 National Transportation Safety Board effective if the requirements reduce the (NTSB) Safety Recommendations, consequences of oil spills by 4.9 percent Regulatory Flexibility Analysis analysis of recent accidents, and input with ten-year costs estimated at Required: No. from stakeholder outreach efforts $21,702,175 and annualized costs of Small Entities Affected: No. (including first responders). To this end, $3,089,901(using a 7 percent discount Government Levels Affected: None. rate). PHMSA faced data uncertainties Additional Information: SB–Y IC–N PHMSA will consider expanding the that limited our ability to estimate the SLT–N; applicability of comprehensive oil spill URL For More Information: response plans; clarifying the benefits of the proposed rule, and is www.regulations.gov. requirements for comprehensive oil continuing to analyze anticipated costs URL For Public Comments: spill response plans; requiring railroads and benefits for the final rule. www.regulations.gov. to share additional information; and Risks: PHMSA expects this Agency Contact: Cameron H. providing an alternative test method for rulemaking to mitigate the effects of Satterthwaite, Transportation determining the initial boiling point of potential train accidents involving the Regulations Specialist, Department of a flammable liquid. release of flammable liquid energy Transportation, Pipeline and Hazardous Summary of Legal Basis: The products by increasing planning and Materials Safety Administration, 1200 authority of 49 U.S.C. 5103(b), which preparedness. New Jersey Avenue SE, Washington, DC authorizes the Secretary of Timetable: 20590, Phone: 202–366–8553, Email: Transportation to ‘‘prescribe regulations [email protected]. for the safe transportation, including Action Date FR Cite security, of hazardous materials in RIN: 2137–AE72 ANPRM ...... 08/01/14 79 FR 45079 intrastate, interstate, and foreign ANPRM Comment 09/30/14 commerce.’’ The Fixing America’s Period End. Surface Transportation (FAST) Act of DOT—PHMSA NPRM ...... 07/29/16 81 FR 50067 2015 also includes mandates for the NPRM Comment 09/27/16 85. +Hazardous Materials: Oil Spill information sharing notification Period End. Response Plans and Information requirements. The authority of 33 U.S.C. Final Rule ...... 07/00/18 Sharing for High-Hazard Flammable 1321, the Federal Water Pollution Trains Control Act (FWPCA), which directs the Regulatory Flexibility Analysis Required: Yes. Priority: Other Significant. President to issue regulations requiring Small Entities Affected: Businesses. E.O. 13771 Designation: Regulatory. owners and operators of certain vessels Legal Authority: 33 U.S.C. 1321; 49 and onshore and offshore oil facilities to Government Levels Affected: None. U.S.C. 5101 et seq. develop, submit, update, and in some Additional Information: HM–251B; CFR Citation: 49 CFR 130; 49 CFR cases, obtain approval of oil spill SB–N, IC–N, SLT–N; 174; 49 CFR 171; 49 CFR 172; 49 CFR response plans. Executive Order 12777 URL For More Information: 173. delegated responsibility to the Secretary www.regulations.gov. Legal Deadline: None. of Transportation for certain URL For Public Comments: Abstract: This rulemaking would transportation-related facilities. The www.regulations.gov. expand the applicability of Secretary of Transportation delegated Agency Contact: Victoria Lehman, comprehensive oil spill response plans the authority to promulgate regulations Transportation Specialist, Department (OSRP) based on thresholds of liquid to PHMSA and provides FRA the of Transportation, Pipeline and petroleum oil that apply to an entire approval authority for railroad OSRPs. Hazardous Materials Safety train consist. The rulemaking would Alternatives: In the NPRM, Administration, 1200 New Jersey also require railroads to share alternatives analyzed included ‘‘no Avenue SE, Washington, DC 20590, information about high-hazard change’’ and changing the applicability Phone: 202 366–8553, Email: flammable train operations with State threshold to analyze the impact to [email protected]. and tribal emergency response affected entities. Under the ‘‘no change’’ Related RIN: Related to 2137–AE91, commissions to improve community alternative we would not proceed with Related to 2137–AF07. preparedness in accordance with the any rulemaking on this subject and the RIN: 2137–AF08 Fixing America’s Surface Transportation current regulatory standards would Act of 2015 (FAST Act). Finally, the remain in effect. DOT is continuing to rulemaking would incorporate by research these topics and evaluate DOT—PHMSA reference an initial boiling point test for comment feedback prior to the final flammable liquids for better consistency rule. DOT expects the highest ranked 86. +Hazardous Materials: Enhanced with the American National Standards options will be low cost and most Safety Provisions for Lithium Batteries Institute/American Petroleum Institute effective at improving planning and Transported by Aircraft Recommend Practices 3000, preparedness. Priority: Other Significant.

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E.O. 13771 Designation: Regulatory. (2) a No Action alternative; and (3) a institutions, and helping to bring Legal Authority: 49 U.S.C. 44701; 49 Partial Harmonization alternative. residents of distressed communities into U.S.C. 5103(b); 49 U.S.C. 5120(b) Anticipated Cost and Benefits: Based the economic mainstream. CFR Citation: 49 CFR 172; 49 CFR on the analysis described in this RIA, at • To manage the Government’s 173. the mean, PHMSA estimates the present finances by protecting the revenue and Legal Deadline: None. value costs about $39.4 million over 10 collecting the correct amount of revenue Abstract: This rulemaking would years and about $5.6 million annualized under the Internal Revenue Code, amend the Hazardous Materials (at a seven percent discount rate). Based overseeing customs revenue policies, Regulations (HMR; 49 CFR parts 171– on the estimated average 10-year cost of financing the Federal Government and 180) applicable to the transport of $39.4 million discounted at seven managing its fiscal operations, and lithium cells and batteries by aircraft. percent and the average 10-year VSL producing our Nation’s coins and The IFR contains three amendments: (1) value of $6.74 million discounted at currency. • a prohibition on the transport of lithium seven percent, this rule would need to To safeguard the U.S. and ion cells and batteries as cargo on prevent more than 5.9 fatalities ($39.4 international financial systems from passenger aircraft; (2) a requirement that million/$6.74 million) over the next 10 those who would use these systems for lithium ion cells and batteries be years for the benefits to exceed the illegal purposes or to compromise U.S. shipped at not more than a 30 percent quantified costs. national security interests, while state of charge aboard cargo-only Risks: PHMSA expects the rule will keeping them free and open to aircraft; and (3) a limitation on the use improve safety for flight crews, air cargo legitimate users. of alternative provisions for small operators, and the public as a result of Consistent with these missions, most lithium cell or battery shipments to one the state of charge requirement and the regulations of the Department and its package per consignment or overpack. consignment and overpack restriction constituent bureaus are promulgated to These amendments are consistent with by reducing the possibility of fire on interpret and implement the laws as three emergency amendments to the cargo-only aircraft. Additionally, the enacted by Congress and signed by the 2015–2016 International Civil Aviation rule will harmonize the prohibition of President. It is the policy of the Organization Technical Instructions for lithium ion batteries as cargo on Department to comply with applicable the Safe Transport of Dangerous Goods passenger aircraft and eliminate the requirements to issue a notice of by Air (ICAO Technical Instructions). possibility of a package of lithium ion proposed rulemaking and carefully Statement of Need: This rule is batteries causing or contributing to a fire consider public comments before necessary to address an immediate in the cargo hold of a passenger aircraft. adopting a final rule. Also, the safety hazard and harmonize the US Timetable: Department invites interested parties to HMR with emergency amendments to submit views on rulemaking projects the 2015–2016 edition of the Action Date FR Cite while a proposed rule is being International Civil Aviation developed. Interim Final Rule 02/00/18 To the extent permitted by law, it is Organization’s Technical Instructions the policy of the Department to adhere for the Safe Transport of Dangerous Regulatory Flexibility Analysis to the regulatory philosophy and Goods by Air (ICAO Technical Required: No. principles set forth in Executive Orders Instructions). FAA research has shown Small Entities Affected: Businesses. 12866, 13563, 13609, and 13771 and to that air transportation of lithium ion Government Levels Affected: None. develop regulations that maximize batteries poses a safety risk. We are Additional Information: HM–224I;. aggregate net benefits to society while issuing this rule to (1) prohibit the URL For More Information: minimizing the economic and transport of lithium ion cells and www.regulations.gov. paperwork burdens imposed on persons batteries as cargo on passenger aircraft; URL For Public Comments: and businesses subject to those (2) require all lithium ion cells and www.regulations.gov. regulations. batteries to be shipped at not more than Agency Contact: Kevin Leary, Treasury is still in the process of a 30 percent state of charge on cargo- Transportation Specialist, Department evaluating its deregulatory and only aircraft; and (3) limit the use of of Transportation, Pipeline and regulatory actions for FY 2018. At this alternative provisions for small lithium Hazardous Materials Safety time, Treasury anticipates possibly up cell or battery shipments under 49 CFR Administration, 1200 New Jersey to 25 deregulatory actions, and 2 173.185(c). Avenue SE, Washington, DC 20590, regulatory actions. Further information Summary of Legal Basis: This rule is Phone: 202–366–8553, Email: about these actions can be found in this published under the authority of the [email protected]. Regulatory Plan and Unified Agenda. Federal Hazardous Materials RIN: 2137–AF20 Transportation Law, 49 U.S.C. 5101 et I. Alcohol and Tobacco Tax and Trade seq. Section 5103(b) authorizes the BILLING CODE 4910–9X–P Bureau Secretary of Transportation to prescribe The Alcohol and Tobacco Tax and regulations for the safe transportation, Trade Bureau (TTB) issues regulations including security, of hazardous DEPARTMENT OF THE TREASURY to implement and enforce Federal laws material in intrastate, interstate, and Statement of Regulatory Priorities relating to alcohol, tobacco, firearms, foreign commerce. This rule revises and ammunition excise taxes and regulations for the safe transport of The primary missions of the certain non-tax laws relating to alcohol. lithium batteries by air and the Department of the Treasury are: TTB’s mission and regulations are protection of aircraft operators and the • To promote prosperous and stable designed to: flying public. American and world economies, (1) Collect the taxes on alcohol, Alternatives: In this rulemaking, including promoting domestic economic tobacco products, firearms, and PHMSA considered the following three growth and maintaining our Nation’s ammunition; alternatives: (1) PHMSA adopts all of leadership in global economic issues, (2) Protect the consumer by ensuring the amendments presented in the rule; supervising national banks and thrift the integrity of alcohol products; and

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(3) Prevent unfair and unlawful Wineries, Qualification Requirements Alcohol-Related Regulations Governing market activity for alcohol and tobacco for Brewers, and Permit Application Bond Requirements and Tax Return products. Requirements for Manufacturers of Filing Periods). (Deregulatory) As part of TTB’s ongoing efforts to Tobacco Products or Processed On December 18, 2015, President modernize its regulations, TTB Tobacco, respectively). (Deregulatory) Obama signed into law the Protecting continuously seeks to identify changes Consistent with E.O. 13771 and Americans from Tax Hikes Act (PATH in the industries it regulates, as well as 13777, in FY 2017, TTB engaged in a Act), which is Division Q of the new technologies available in review of its regulations to identify any Consolidated Appropriations Act, 2016. compliance enforcement. TTB’s regulatory requirements that could The PATH Act contains changes to modernization efforts focus on removing potentially be eliminated, modified, or certain statutory provisions that TTB outdated requirements and revising streamlined in order to reduce burdens administers in the Internal Revenue regulations to facilitate industry growth on industry. Through four notices of Code regarding excise tax return due and reduce burdens where possible. At proposed rulemaking, TTB intends to dates and bond requirements for certain the same time, TTB must ensure that it propose eliminating or streamlining smaller excise taxpayers. These collects the revenue due and protects various information requirements for amendments took effect beginning in consumers from deceptive labeling and application or qualification of distilled January 2017, and TTB published a advertising of alcohol beverages. spirits plants, wineries, breweries, and temporary rule amending its regulations In FY 2018, TTB will continue its manufacturers of tobacco products or to implement these provisions. At the multi-year Regulations Modernization processed tobacco. In addition, TTB same time, TTB published in the effort by prioritizing projects that reduce continues to review comments it Federal Register (82 FR 780) a notice of regulatory burdens, provide greater receives from the interested public, proposed rulemaking requesting industry flexibility, and streamline the including industry members, through comments on the amendments made in regulatory system, consistent with the Treasury Department’s Request for the temporary rule and proposing Executive Orders 13771 and 13777. TTB Information on deregulatory ideas further amendments to the regulations rulemaking priorities also include (Docket No. TREAS–DO–2017–0012, governing reporting requirements for proposing regulatory changes in published in the Federal Register on distilled spirits plants (DSPs) and response to petitions from industry June 14, 2017), and TTB intends to breweries to reduce the regulatory members and other interested parties, address those related to application and burden on industry members who pay and requesting comments on ways TTB qualification processes through these taxes and file tax returns annually or may further reduce burden and support notices. quarterly. Under the proposal, those a level playing field for the regulated • Proposed Revisions to the industry members would also submit industry. Specifically, during the fiscal Regulations To Provide Greater reports annually or quarterly, aligned year, TTB plans to publish a Flexibility in the Use of Wine and with their filing of the tax return, rather deregulatory final rule, following a Distilled Spirits Containers (RIN: 1513– than monthly as generally provided notice published in FY 2017, which AB56, Standards of Fill for Wine, and under current regulations. To be eligible reduces the number of reports submitted RIN: 1513–AC45, Standards of Fill for for annual or quarterly filing, the DSP or by certain regulated industry members. Distilled Spirits). (Deregulatory) brewery must reasonably expect to be TTB also plans to publish for public In these two notices, TTB will address liable for not more than $1,000 in excise comment proposed deregulatory petitions requesting that it amend taxes (in the case of annual filing) or changes to reduce the information it regulations governing wine and distilled $50,000 in excise taxes (in the case of requires in connection with permit spirits containers to provide for quarterly filing) for the calendar year applications and to expand industry additional authorized ‘‘standards of and must have been liable for not more flexibility with regard to alcohol fill.’’ (The term ‘‘standard of fill’’ than these respective amounts in the beverage container sizes (standards of generally relates to the size of preceding calendar year. The reduced fill). Some changes will require containers, although the specific reporting frequency will reduce amending regulations and others will regulatory meaning is the authorized regulatory burdens on these smaller require only changes to the information amount of liquid in the container, rather industry members. collected on forms. Priority projects also than the size or capacity of the container • Proposal to Modernize the Alcohol include continuing the rulemaking itself.) Rather than proposing the Beverage Labeling and Advertising issued in FY 2017 in response to addition of new authorized sizes, Requirements (RIN: 1513–AB54). industry member petitions to authorize however, TTB will propose to eliminate (Deregulatory) new wine treating materials and all but minimum and maximum The Federal Alcohol Administration processes, new grape varietal names for standards of fill for distilled spirits Act requires that alcohol beverages use on labels of wine, and new containers, and all but a minimum introduced in interstate commerce have American Viticultural Areas (AVAs). standard of fill for wine containers. If a label issued and approved under None of the TTB rulemaking documents implemented, this proposal would regulations prescribed by the Secretary issued in FY 2018 are expected to be provide industry members greater of the Treasury. In accordance with the ‘‘regulatory actions’’ as described in flexibility in producing and sourcing mandate of Executive Order 13563 of Executive Order 13771. containers and consumers broader January 18, 2011, regarding improving This fiscal year TTB plans to give purchasing options. This deregulatory regulation and regulatory review, TTB priority to the following deregulatory action would also eliminate restrictions conducted an analysis of its alcohol and regulatory measures: that inhibit competition and the beverage labeling regulations to identify • Proposal To Streamline and movement of goods in domestic and any that might be outmoded, ineffective, Modernize Permit Application Process international commerce, in addition to insufficient, or excessively burdensome, (RINs: 1513–AC46, 1513–AC47, 1513– providing new opportunities for and to modify, streamline, expand, or AC48, and 1513–AC49, Modernization meeting consumer demand. repeal them in accordance with that of Permit and Registration Application • Revisions to the Regulations To analysis. These regulations were also Requirements for Distilled Spirits Reduce Report Filing Frequency (RIN: reviewed to assess their applicability to Plants, Permit Applications for 1513–AC30, Changes to Certain the modern alcohol beverage

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marketplace. As a result of this review, designating American wines. The and require the electronic filing of and further review in FY 2017 proposed deregulatory amendments drawback claims. consistent with Executive Orders 13771 would allow wine bottlers to use these • Enforcement of Copyrights and the and 13777, regarding reducing additional approved grape variety Digital Millennium Copyright Act. regulatory burdens, in FY 2018, TTB names on wine labels and in wine (Significance not yet determined) plans to propose revisions to advertisements. TTB intends to reopen Treasury and CBP plan to propose consolidate and modernize the the comment period for the FY 2017 amendments to the CBP regulations regulations concerning the labeling notice, as requested by industry pertaining to importations of requirements for wine, distilled spirits, members and, after consideration of the merchandise that violate or are and malt beverages. TTB anticipates that comments, issue a final rule. suspected of violating the copyright these regulatory changes will assist laws, including the Digital Millennium industry in voluntary compliance, II. Customs Revenue Functions Copyright Act (DMCA), in accordance decrease industry burden, and result in The Homeland Security Act of 2002 with Title III of the Trade Facilitation the regulated industries being able to (the Act) provides that, although many and Trade Enforcement Act of 2015 bring products to market without undue functions of the former United States (TFTEA) and Executive Order 13785 delay. TTB also anticipates that this Customs Service were transferred to the ‘‘Establishing Enhanced Collection and notice for public comment will give Department of Homeland Security, the Enforcement of Anti-dumping and industry members another opportunity Secretary of the Treasury retains sole Countervailing Duties and Violations of to provide comments and suggestions legal authority over customs revenue Trade and Customs Laws.’’ The on any additional deregulatory functions. The Act also authorizes the proposed amendments are intended to measures in these areas. Secretary of the Treasury to delegate any enhance CBP’s enforcement efforts In FY 2018, TTB intends to bring to of the retained authority over customs against increasingly sophisticated completion a number of rulemaking revenue functions to the Secretary of piratical goods, clarify the definition of projects published as notices of Homeland Security. By Treasury piracy, simplify the detention process proposed rulemaking in FY 2017 in Department Order No. 100–16, the relative to goods suspected of violating response to industry member petitions Secretary of the Treasury delegated to the copyright laws, and prescribe new to amend the TTB regulations: regulations enforcing the DMCA. • the Secretary of Homeland Security • Proposal to Amend the Regulations authority to prescribe regulations Inter-Partes Proceedings to Authorize the Use of Additional Wine pertaining to the customs revenue Concerning Exclusion Orders Based on Treating Materials (RIN: 1513–AB61). functions subject to certain exceptions, Unfair Practices in Import Trade. (Not significant) but further provided that the Secretary (Deregulatory) In FY 2017, TTB proposed to amend Treasury and CBP plans to publish a of the Treasury retained the sole its regulations pertaining to the proposal to amend its regulations with authority to approve such regulations. production of wine to authorize respect to administrative rulings related During fiscal year 2018, CBP and additional treatments that may be to the importation of articles in light of Treasury plan to give priority to applied to wine and to juice from which exclusion orders issued by the United regulatory matters involving the wine is made. These proposed States International Trade Commission customs revenue functions which amendments were made in response to (‘‘Commission’’) under section 337 of streamline CBP procedures, protect the requests from wine industry members to the Tariff Act of 1930, as amended. The public, or are required by either statute authorize certain wine treating materials proposed amendments seek to promote or Executive Order. The examples of and processes not currently authorized the speed, accuracy, and transparency of these efforts described below are exempt by TTB regulations. Although TTB may such rulings through the creation of an from Executive Order 13771 as they are administratively approve such inter partes proceeding to replace the non-significant rules as defined by treatments, rulemaking may serve current ex parte process. several purposes, including acceptance Executive Order. Examples of these of exported wine made using those efforts are described below. III. Financial Crimes Enforcement • treatments in foreign markets. Investigation of Claims of Evasion Network Administrative approval of a wine of Antidumping and Countervailing As administrator of the Bank Secrecy treatment does not guarantee acceptance Duties. (Not significant) Act (BSA), the Financial Crimes in foreign markets of any wine so Treasury and CBP plan to finalize Enforcement Network (FinCEN) is treated, and conducting rulemaking and interim regulations (81 FR 56477) which responsible for developing and adding wine treating materials and amended CBP regulations implementing implementing regulations that are the processes to TTB regulations through section 421 of the Trade Facilitation and core of the Department’s anti-money notice and comment rulemaking results Trade Enforcement Act of 2015, which laundering (AML) and counter-terrorism in acceptance of the treated wines in set forth procedures to investigate financing efforts. FinCEN’s certain foreign jurisdictions. TTB claims of evasion of antidumping and responsibilities and objectives are intends to reopen the comment period countervailing duty orders. linked to, and flow from, that role. In for the FY 2017 notice, as requested by • Drawback. (Economically fulfilling this role, FinCEN seeks to industry members and, after significant; not yet determined) enhance U.S. national security by consideration of the comments, issue a Treasury and CBP plan to amend CBP making the financial system final rule. regulations to implement changes to the increasingly resistant to abuse by money • Proposal to Amend the Regulations drawback law contained in section 906 launderers, terrorists and their financial to Add New Grape Variety Names for of the Trade Facilitation and Trade supporters, and other perpetrators of American Wines (RIN: 1513–AC24). Enforcement Act of 2015. These crime. (Not significant) proposed changes to the regulations will The Secretary of the Treasury, In FY 2017, TTB proposed to amend liberalize the standard for substituting through FinCEN, is authorized by the its wine labeling regulations by adding merchandise, simplify recordkeeping BSA to issue regulations requiring a number of new names to the list of requirements, extend and standardize financial institutions to file reports and grape variety names approved for use in timelines for filing drawback claims, keep records that are determined to

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have a high degree of usefulness in requirements with respect to employees, well as lower the existing recordkeeping criminal, tax, or regulatory matters or in who have signature authority over, but threshold. the conduct of intelligence or counter- no financial interest in, the foreign • Changes to the Currency and intelligence activities to protect against financial accounts of their employers. Monetary Instrument Report (CMIR) international terrorism. The BSA also • Amendments to the Definitions of Reporting Requirements. (Significance authorizes requiring designated Broker or Dealer in Securities. not yet determined) financial institutions to establish AML (Regulatory) FinCEN will research, obtain, and programs and compliance procedures. On April 4, 2016, FinCEN issued a analyze relevant data to validate the To implement and realize its mission, Notice of Proposed Rulemaking need for changes aimed at updating and FinCEN has established regulatory proposing amendments to the regulatory improving the CMIR and ancillary objectives and priorities to safeguard the definitions of broker or dealer in reporting requirements. Possible areas of financial system from the abuses of securities under the BSA’s regulations. study to be examined could include financial crime, including terrorist The proposed changes would expand current trends in cash transportation financing, money laundering, and other the current scope of the definitions to across international borders, illicit activity. include funding portals and would transparency levels of physical These objectives and priorities require them to implement policies and transportation of currency, the include: (1) Issuing, interpreting, and procedures reasonably designed to feasibility of harmonizing data fields enforcing compliance with regulations achieve compliance with all of the with bordering countries, and implementing the BSA; (2) supporting, BSA’s requirements that are currently information derived from FinCEN’s working with, and as appropriate, applicable to brokers or dealers in experience with Geographic Targeting overseeing compliance examination securities. Orders. functions delegated to other Federal • Anti-Money Laundering Program • Other Requirements. regulators; (3) managing the collection, Requirements for Banks Lacking a FinCEN also will continue to issue processing, storage, and dissemination Federal Functional Regulator. proposed and final rules pursuant to of data related to the BSA; (4) (Regulatory) section 311 of the USA PATRIOT Act, maintaining a government-wide access On August 25, 2016, FinCEN issued a as appropriate. Finally, FinCEN expects service to that same data and for Notice of Proposed Rulemaking to that it may propose various technical network users with overlapping remove the AML program exemption for and other regulatory amendments in interests; (5) conducting analysis in banks that lack a Federal functional conjunction with ongoing efforts with support of policymakers, law regulator, including, but not limited to, respect to a comprehensive review of enforcement, regulatory and intelligence private banks, non-federally insured existing regulations to enhance agencies, and the financial sector; and credit unions, and certain trust regulatory efficiency. (6) coordinating with and collaborating companies. The proposed rule would IV. Bureau of the Fiscal Service on anti-terrorism and AML initiatives prescribe minimum standards for AML with domestic law enforcement and programs and would ensure that all The Bureau of the Fiscal Service intelligence agencies, as well as foreign banks, regardless of whether they are (Fiscal Service) administers regulations financial intelligence units. subject to Federal regulation and pertaining to the Government’s financial FinCEN’s regulatory priorities for oversight, are required to establish and activities, including: (1) Implementing fiscal year 2018, include: implement AML programs. Treasury’s borrowing authority, • Technical Amendment to the • Anti-Money Laundering Program including regulating the sale and issue Customer Due Diligence Requirements. and SAR Requirements for Investment of Treasury securities; (2) administering (Not significant) Advisers. (Regulatory) Government revenue and debt On May 11, 2016, FinCEN issued On August 25, 2015, FinCEN collection; (3) administering Final Rules under the BSA to clarify and published in the Federal Register a Government wide accounting programs; strengthen customer due diligence Notice of Proposed Rulemaking to (4) managing certain Federal requirements for banks, brokers or solicit public comment on proposed investments; (5) disbursing the majority dealers in securities, mutual funds, and rules under the BSA that would of Government electronic and check futures commission merchants and prescribe minimum standards for anti- payments; (6) assisting Federal agencies introducing brokers in commodities. money laundering programs to be in reducing the number of improper The rules contain explicit customer due established by certain investment payments; and (7) providing diligence requirements and include a advisers and to require such investment administrative and operational support new regulatory requirement to identify advisers to report suspicious activity to to Federal agencies through franchise beneficial owners of legal entity FinCEN. FinCEN is considering those shared services. customers, subject to certain comments and preparing a Final Rule. During fiscal year 2018, the Fiscal exemptions. The section of the rule • Registration Requirements of Money Service will accord priority to the detailing the training requirements for Services Businesses. (Regulatory) following regulatory projects: mutual funds was inadvertently omitted FinCEN is considering issuing a • Offset of Tax Refund Payments to from the final rule. This technical Notice of Proposed Rulemaking Collect Past-Due Support. (Not amendment will rectify the inadvertent amending the registration requirements significant) omission and will update several for money services businesses. On December 30, 2015, the Fiscal references and terminology. • Changes to the Travel and Service published an Interim Final Rule, • Report of Foreign Bank and Recordkeeping Requirements for Funds with request for comments, limiting the Financial Accounts. (Deregulatory) Transfers and Transmittals of Funds. time period during which Treasury may On March 10, 2016, FinCEN issued a (Regulatory) recover certain tax refund offset Notice of Proposed Rulemaking to FinCEN is considering regulatory collections from States to six months address requests from filers for changes that would require financial from the date of such collection. clarification of certain requirements institutions to collect and maintain Previously, there was no time limit to regarding the Report of Foreign Bank more information regarding funds recoup offset amounts that were and Financial Accounts, including transfers and transmittals of funds, as collected from tax refunds to which the

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debtor taxpayer was not entitled. The The banking agencies 1 issued a final • Loans in Areas Having Special Fiscal Service anticipates publishing a rule that would extend the current Flood Hazards-Private Flood Insurance Final Rule for this time limit for such treatment under the regulatory capital (12 CFR part 22). recoupments in fiscal year 2018. rules (capital rules) for certain The banking agencies, the Farm Credit • Management of Federal Agency regulatory capital deductions and risk Administration (FCA), and the National Receipts, Disbursements and Operation weights and certain minority interest Credit Union Administration (NCUA) of the Cash Management Improvements requirements as they apply to banking plan to issue a final rule to amend their Fund. (Significance not yet determined) organizations that are not subject to the regulations regarding loans in areas having special flood hazards to The Fiscal Service plans to publish a advanced approaches capital rules (non- implement the private flood insurance notice of proposed rulemaking to amend advanced approaches banking provisions of the Biggert-Waters Flood 31 CFR part 206 governing the organizations). Specifically, for non- Insurance Reform Act of 2012. The collection of public money, along with advanced approaches banking proposed rule was published on a request for public comments. This organizations, the agencies extended the current regulatory capital treatment of: November 7, 2016, 81 FR 78063. notice will propose implementing • Enhanced Cyber Risk Management statutory authority which mandates that mortgage servicing assets; deferred tax assets arising from temporary Standards (12 CFR part 30). some or all nontax payments made to The banking agencies plan to issue a the Government, and accompanying differences that could not be realized through net operating loss carrybacks; notice of proposed rulemaking setting remittance information, be submitted forth enhanced cyber risk management electronically. Receipt of such items significant investments in the capital of unconsolidated financial institutions in standards for the largest and most electronically offers significant interconnected financial organizations efficiencies and cost-savings to the the form of common stock; non- significant investments in the capital of in the United States. The advance notice government, compared to the receipt of of proposed rulemaking was published cash, check or money order payments. unconsolidated financial institutions; significant investments in the capital of on October 26, 2016, 81 FR 74315. • Payments by Banks and Other • Incentive-Based Compensation unconsolidated financial institutions Financial Institutions of United States Arrangements (12 CFR part 42). that are not in the form of common Savings Bonds and United States Section 956 of the Dodd-Frank Wall stock; and common equity tier 1 Savings Notes (Freedom Shares). (Not Street Reform and Consumer Protection minority interest, tier 1 minority significant) Act (Pub. L. 111–203, July 21, 2010) interest, and total capital minority The Fiscal Service plans to amend the (Dodd-Frank Act) requires the banking interest exceeding the capital rules’ agencies, NCUA, Securities and savings bond payment regulations in 31 minority interest limitations. The CFR part 321 to formally add an option Exchange Commission (SEC), and the proposed rule was published on August Federal Housing Finance Agency for paying agent financial institutions to 25, 2017, 82 FR 40495. The final rule digitally stamp payment information on (FHFA) to jointly prescribe regulations was issued on November 21, 2017, 82 or guidance prohibiting any type of paid bond images, instead of physically FR 55309. stamping the information on the original incentive-based payment arrangement, • Appraisal Threshold (12 CFR part paid bonds. This change will not or any feature of any such arrangement, 34). impose any new burden on banks or that the regulators determine encourages customers, and will align the regulation The banking agencies plan to issue a inappropriate risks by covered financial with current practice that has been final rule addressing comments received institutions by providing an executive implemented under waiver authority. through the process of regulatory review officer, employee, director, or principal The Fiscal Service also plans to amend required by the Economic Growth and shareholder with excessive the paper savings bond regulations to Regulatory Paperwork Reduction Act of compensation, fees, or benefits, or that eliminate the current conversion and 1996 Amendments (EGRPRA), could lead to material financial loss to reissue transactions, which are concerning the regulatory burden the covered financial institution. The expensive to process. associated with appraisals. The Dodd-Frank Act also requires such rulemaking would expand the current agencies jointly to prescribe regulations V. Office of the Comptroller of the exemption in the interagency rules for or guidelines requiring each covered Currency appraisals of commercial properties by financial institution to disclose to its The Office of the Comptroller of the increasing the appraisal threshold in 12 regulator the structure of all incentive- Currency (OCC) charters, regulates, and CFR part 34 (and in the corresponding based compensation arrangements supervises all national banks and regulations of the FDIC and FRB), which offered by such institution sufficient to Federal savings associations (FSAs). The is currently set at $250,000. The determine whether the compensation agency also supervises the Federal proposed rule was published on July 31, structure provides any executive officer, branches and agencies of foreign banks. 2017, 82 FR 35478. employee, director, or principal • The OCC’s mission is to ensure that Securities Transaction Settlement shareholder with excessive national banks and FSAs operate in a Cycle (12 CFR parts 12 and 151). compensation or could lead to material safe and sound manner, provide fair The OCC and FDIC plan to issue a financial loss to the institution. The access to financial services, treat final rule to shorten the standard proposed rule was published on June settlement cycle for certain securities 10, 2016, 81 FR 37669. customers fairly, and comply with • applicable laws and regulations. purchased or sold by national banks, Mandatory Contractual Stay Requirements for Qualified Financial Regulatory priorities for fiscal year federal savings associations, and FDIC- supervised institutions. The proposed Contracts (12 CFR parts 3, 47, and 50). 2018 include the following regulatory The OCC plans to issue a final rule actions: rule was published on September 11, 2017, 82 FR 42619. that mitigates potential negative impacts • Regulatory Capital Rules: Retention that could result from the disorderly of Existing Transition Levels for Certain resolution of certain systemically 1 OCC, Board of Governors of the Federal Reserve Regulatory Capital Adjustments and System (Board), and Federal Deposit Insurance important national banks, Federal Deductions (12 CFR part 3). Corporation (FDIC). savings associations, Federal branches

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and agencies, and the subsidiaries of The current asset thresholds are set at The banking agencies plan to issue a these entities. A covered bank would be $2.5 billion and $1.5 billion. proposed rule to implement section required to ensure that a covered • Customer Due Diligence (12 CFR 616(d) of the Dodd-Frank Act. Section qualified financial contract (i) contains part 21). 616(d) requires that bank holding a contractual stay-and-transfer provision The banking agencies plan to issue an companies, savings and loan holding analogous to the statutory stay-and- interim final rule to clarify the companies, and other companies that transfer provisions imposed under title applicability of recent amendments to directly or indirectly control an insured II and the Federal Deposit Insurance Act the Financial Crimes Enforcement depository institution serve as a source and (ii) limits the exercise of default Network (FinCEN) customer due of strength for the insured depository rights based on the insolvency of an diligence rules to the depository institution. The appropriate federal affiliate of the covered bank. The institutions under their supervision. banking agency for the insured proposed rule was published on August FinCEN expanded its customer due depository institution may require that 19, 2016, 81 FR 55381. diligence requirements for covered the company submit a report that would • Net Stable Funding Ratio (12 CFR financial institutions, including banks, assess the company’s ability to comply part 50). brokers or dealers in securities, mutual with the provisions of the statute and its The banking agencies plan to issue a funds, and futures commission compliance. final rule to implement the Basel net merchants and introducing brokers in • Employment Contracts (12 CFR part stable funding ratio standards. These commodities (FinCEN Rule). As part of 163). standards would require large, that rulemaking, FinCEN amended the The OCC plans to issue a proposed internationally active banking elements of the anti-money laundering rule to remove the requirement that the organizations to maintain sufficient program financial institutions must board of directors of an FSA approve stable funding to support their assets, implement and maintain in order satisfy employment contracts with all generally over a one-year time horizon. program requirements under 31 U.S.C. employees and limit the approval The proposed rule was published on 5318(h)(1) and the agencies are requirement only to contracts with June 1, 2016, 81 FR 35123. amending their anti-money laundering senior executives. • • Qualifying Master Netting program rules to reference requirements Receiverships for Uninsured Agreement (12 CFR part 3). in the FinCEN Rule. Federal Branches and Agencies (12 CFR The OCC plans to finalize its interim • Capital Simplification (12 CFR part chapter I). final rule to amend the definition of 3). The OCC plans to issue an advance ‘‘qualifying master netting agreement’’ The banking agencies issued a notice of proposed rulemaking setting under its regulatory capital and proposed rule to simplify the generally forth key issues to be addressed prior to liquidity coverage ratio rule, as well as applicable capital framework with the the development of a framework for under its lending limits rule applicable goal of meaningfully reducing receiverships of uninsured federal to national banks and FSAs. The interim regulatory burden on community branches and agencies. final rule was published on December banking organizations while at the same VI. Internal Revenue Service 30, 2014, 79 FR 78287. time maintaining safety and soundness • During Fiscal Year 2018, the IRS and Community Reinvestment Act and the quality and quantity of Treasury’s Office of Tax Policy have the Regulations (12 CFR parts 25 and 195). regulatory capital in the banking system. following regulatory priorities. The first The banking agencies issued a final The proposed rule was issued on priority is to implement, consistent with rule to amend the home mortgage loan October 27, 2017, 82 FR 49984. • law, actions recommended in the and consumer loan definitions in their Automated Valuation Models (parts Second Report pursuant to Executive regulations implementing the 34 and 164). Order 13789 to eliminate, or in other Community Reinvestment Act (CRA) to The banking agencies, NCUA, FHFA, cases reduce, the burdens imposed on conform to recent changes made by the and the Consumer Financial Protection taxpayers by eight regulations that the CFPB to Regulation C, which Bureau (CFPB), in consultation with the Treasury has identified for review under implements the Home Mortgage Appraisal Subcommittee (ASC) and the Executive Order 13789. These Disclosure Act (HMDA) and make some Appraisal Standards Board of the deregulatory actions include: additional technical revisions. The Appraisal Foundation, are required to 1. Withdrawal of proposed regulations proposed rule was published on promulgate regulations addressing under section 2704 regarding September 20, 2017, 82 FR 43910. The quality-control standards required restrictions on liquidation of an interest final rule was issued on November 24, under the statute. Section 1473(q) of the for estate, gift, and generation-skipping 2017, 82 FR 55734. Dodd-Frank Act requires that automated transfer taxes. Proposed regulations • Proprietary Trading and Certain valuation models used to estimate were published on August 4, 2016. Interests in and Relationships with collateral value in connection with 2. Withdrawal of proposed regulations Covered Funds (12 CFR part 44). mortgage origination and securitization under section 103 regarding the In light of the 2017 Treasury Report, activity, comply with quality-control definition of political subdivision. the OCC expects to issue a proposed standards designed to ensure a high Proposed regulations were published on rule to amend certain provisions of part level of confidence in the estimates February 23, 2016. 44. produced by automated valuation 3. Proposed amendment of regulations • Management Official Interlocks models; protect against manipulation of under section 7602 regarding the Asset Thresholds (12 CFR part 26). data; seek to avoid conflicts of interest; participation of attorneys described in The OCC plans to issue a direct final require random sample testing and section 6103(n) in a summons rule, through joint action with the FRB reviews; and account for other factors interview. Final regulations were and FDIC that would amend agency the agencies deem appropriate. The published on July 14, 2016. regulations interpreting the Depository agencies plan to issue a proposed rule 4. Proposed removal of temporary Institution Management Interlocks Act to implement the requirement to adopt regulations under section 707 (DIMIA) to increase the asset thresholds quality-control standards. concerning treatment of liabilities for based on inflation or market changes. • Source of Strength (12 CFR part 47). disguised sale purposes and review of

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regulations under section 752 the IRS Office of Chief Counsel has DEPARTMENT OF VETERANS concerning liabilities recognized as already identified over 300 regulations AFFAIRS (VA) recourse partnership liabilities. for potential revocation. These Statement of Regulatory Priorities Temporary and proposed regulations regulations remain in the Code of were published on October 5, 2016. Federal Regulations (CFR) but are, to The Department of Veterans Affairs 5. Delay and proposed removal of varying degrees, unnecessary, (VA) administers benefit programs that documentation regulations under duplicative, or outdated, and force recognize the important public section 385 and review of other taxpayers to navigate unnecessarily obligations to those who served this regulations under section 385. Final, complex or even confusing rules. temporary, and proposed regulations Nation. VA’s regulatory responsibility is Treasury and the IRS expect to begin the almost solely confined to carrying out were published on October 21, 2016. process of proposing to address these mandates of the laws enacted by 6. Proposed modification of regulations in the fourth quarter of 2017. Congress relating to programs for regulations under section 367 regarding Treasury and the IRS are also seeking to the treatment of certain transfers of streamline rules where possible and to veterans and their families. VA’s major property to foreign corporations. Final repeal or revise regulations that have regulatory objective is to implement regulations were published on been superseded by statute or case law. these laws with fairness, justice, and December 16, 2016. The IRS and Treasury are also efficiency. 7. Proposed modification of prioritizing implementation of the Most of the regulations issued by VA regulations under section 337(d) President’s Executive Order 13813, involve at least one of three VA regarding certain transfers of property to Promoting Healthcare Choice and components: The Veterans Benefits regulated investment companies (RICs) Competition Across the United States. Administration, the Veterans Health and real estate investment trusts The Executive Order, among other Administration, and the National (REITs). Temporary and proposed things, directs Treasury and the regulations were published on June 8, Cemetery Administration. The primary Departments of Labor and Health and mission of the Veterans Benefits 2016. Human Services to consider proposing 8. Proposed modification of Administration is to provide high- or revising regulations or guidance to regulations under section 987 on quality and timely nonmedical benefits expand the availability of short-term, income and currency gain or loss with to eligible veterans and their limited-duration insurance and consider respect to a section 987 qualified dependents. The primary mission of the proposing or revising regulations or business unit. Final regulations were Veterans Health Administration is to guidance to increase the usability of published on December 8, 2016. provide high-quality health care on a The second priority is, in furtherance health reimbursement arrangements. An additional priority for the IRS is timely basis to eligible veterans through of the policies stated in Executive Order its system of medical centers, nursing 13789, Executive Order 13771, and to publish final regulations under section 1101 of the Bipartisan Budget homes, domiciliaries, and outpatient Executive Order 13777, to undertake a medical and dental facilities. The comprehensive review, coordinated by Act of 2015 (BBA) that are necessary to implement the new centralized primary mission of the National the Treasury Regulatory Reform Task Cemetery Administration is to bury Force, of all tax regulations, regardless partnership audit regime enacted in eligible veterans, members of the of when they were issued. This review November 2015. Section 1101(g)(1) of Reserve components, and their will identify tax regulations that are the BBA provides that the new regime unnecessary, create undue complexity, is generally effective for partnership tax dependents in VA National Cemeteries impose excessive burdens, or fail to years beginning after December 31, and to maintain those cemeteries as provide clarity and useful guidance, and 2017. national shrines in perpetuity as a final Treasury and the IRS will pursue, Finally, Treasury and the IRS tribute of a grateful Nation to consistent with law, reform or anticipate the need to undertake commemorate their service and sacrifice revocation of those regulations. numerous regulatory actions to to our Nation. implement any new legislation enacted Included in the review are longstanding (1.) VA Regulatory Priorities temporary or proposed regulations that in the coming year, including the have not expired or been finalized. As Administration’s current Tax Reform part of the process coordinated by the efforts. Treasury Regulatory Reform Task Force, BILLING CODE 4810–25–S

RIN Title Summary of Rulemaking

AO88 ...... Per Diem Paid to States for Care of Eli- This rulemaking would adopt as final, with changes, proposed amendments to gible Veterans in State Homes. VA’s regulations governing payment of per diem to State Veterans homes for nursing home care, domiciliary care, and adult day health care for eligible vet- erans. This rulemaking would also reorganize, update, and clarify State Vet- erans homes regulations, authorize greater flexibility in adult day health care programs, and establish regulations regarding domiciliary care, with clarifica- tions regarding the care that State homes must provide to veterans in domicil- iaries. AP46 ...... Prosthetic and Rehabilitative Items and The Department of Veterans Affairs (VA) proposes to amend its regulations re- Services. lated to providing prosthetic and rehabilitative items as medical services to vet- erans. These amendments would reorganize and update the current regula- tions. Substantively, these amendments would primarily clarify eligibility criteria for prosthetic and other rehabilitative items and services, and would define the types of items and services available to eligible veterans.

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RIN Title Summary of Rulemaking

AP89 ...... Change in rates that VA pays for ambu- This document proposes amendments to the Department of Veterans Affairs (VA) lance travel. regulations concerning beneficiary travel. The revisions would update the regu- lations to conform to a statute that authorizes VA to pay the lesser of the actual cost of ambulance transportation or the amount determined by the ambulance travel fee schedule established by Centers for Medicare and Medicaid, unless VA has entered into a contract for that ambulance transportation. AQ06 ...... Authority of Health Care Providers to To continue to provide high quality health care to veterans, the Department of Practice Telehealth. Veterans Affairs (VA) is amending its regulations to allow VA health care pro- viders who are licensed, registered, or certified in ‘‘a State’’ to practice their medical specialty in any State when they are acting within the scope of their VA employment, regardless of individual State licensure, registration, or certifi- cation restrictions, except for applicable State restrictions on the authority to prescribe and administer controlled substances. Through this rulemaking, health care providers would be able to provide health care services across State lines and in States where they do not hold a license, registration, or cer- tification, which will increase VA’s capacity to use its current medical resources in varied health care delivery modalities, particularly through telehealth, increas- ing the number of patient encounters and increasing access to VA health care. This rule will allow VA health care providers to practice in accordance with their competencies, as reflected by their clinical privileges or scope of practice. In this rulemaking, VA will exercise Federal preemption of State licensure, reg- istration, and certification laws only to the extent such State laws conflict with the health care provider’s ability to practice across state lines while acting with- in the scope of their VA employment. AQ08 ...... Reimbursement for Emergency Treat- The Department of Veterans Affairs (VA) revises its regulations concerning pay- ment. ment or reimbursement for emergency treatment for non-service-connected conditions at non-VA facilities to implement the requirements of a recent court decision. Specifically, this rulemaking expands eligibility for payment or reim- bursement to include veterans who receive partial payment from a health-plan contract for non-VA emergency treatment and establishes a corresponding re- imbursement methodology. This rulemaking also expands the eligibility criteria for veterans to receive payment or reimbursement for emergency transportation associated with the emergency treatment, in order to ensure that veterans are adequately covered when emergency transportation is a necessary part of their non-VA emergency treatment.

(2.) Retrospective Review of Existing Regulations

Significantly reduce burdens RIN Title on small Summary of Rulemaking businesses

Multiple RINs ..... Revise and Streamline VA Acqui- No ...... The Department of Veterans Affairs (VA) is proposing to amend and sition Regulation to Adhere to update its VA Acquisition Regulation (VAAR) in phased increments Federal Acquisition. to revise or remove any policy superseded by changes in the Fed- eral Acquisition Regulation (FAR), to remove procedural guidance internal to VA into the VAAM, and to incorporate any new agency specific regulations or policies. These changes seek to streamline and align the VAAR with the FAR and remove outdated and dupli- cative requirements and reduce burden on contractors. The VAAM incorporates the VAAR as well as internal agency acquisition pol- icy. VA will rewrite certain parts of the VAAR and VAAM, and as VAAR parts are rewritten, will publish it in the FEDERAL REGISTER. To minimize the number of rules published, VA will combine relat- able topics.

VA’s most recent report on its VA CFR Citation: 38 CFR 17.120; 38 CFR retrospective review of regulations can 17.122; 38 CFR 17.150; 38 CFR 17.153; Proposed Rule Stage be found at: http://vaww.va.gov/ORPM/ 38 CFR 17.3200 to 17.3250 docs/RegMgmt_VA_EO13563_VA_ 87. Prosthetic and Rehabilitative Items Legal Deadline: None. OIRA_Status_Report.pdf and Services Abstract: The Department of Veterans Priority: Other Significant. Affairs (VA) proposes to amend its E.O. 13771 Designation: Deregulatory. regulations related to providing Legal Authority: 38 U.S.C. 501; 38 prosthetic and rehabilitative items as U.S.C. 1162; 38 U.S.C. 1701; 38 U.S.C. medical services to veterans. These 1707; 38 U.S.C. 1710; 38 U.S.C. 1714; 38 amendments would reorganize and U.S.C. 1717; 38 U.S.C. 3901 update the current regulations.

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Substantively, these amendments would Anticipated Cost and Benefits: VA has outdated and duplicative requirements primarily clarify eligibility criteria for determined that there are transfers and reduce burden on contractors. The prosthetic and other rehabilitative items associated with this rulemaking. The VAAM incorporates the VAAR as well and services, and would define the cumulative five-year savings are as internal agency acquisition policy. types of items and services available to estimated to be $85 million. The VA will rewrite certain parts of the eligible veterans. government will transfer $85 million VAAR and VAAM, and as VAAR parts Statement of Need: VA proposes to less to eligible veterans. are rewritten, will publish it in the amend its regulations related to There are no new collections of Federal Register. To minimize the providing prosthetic and rehabilitative information associated with this number of rules published, VA will items as medical services to veterans. rulemaking. However, there is a combine relatable topics. This Proposed These amendments would clarify proposed discontinuance of use of VA Rule will revise VAAR parts 812 and eligibility criteria for prosthetic and Form 10–2520, which is part of an 813, as well as affected part 852. other rehabilitative items and services, existing collection under 2900–0188. Statement of Need: The Department of and define the types of items and The estimated burden elimination is 47 Veterans Affairs (VA) is proposing to services available to eligible veterans. annual hours, which results in an revise the VAAR to add new policy or Summary of Legal Basis: 38 U.S.C. information collection costs savings to regulatory requirements and to remove 1710 authorizes VA to provide, among the public (vendor) in the amount of any guidance that is applicable only to other things, medical services to $1,121.42. VA’s internal operating processes or veterans when VA determines that they Risks: procedures. FAR 1.302, Limitations, are needed. ‘‘Medical services’’ is Timetable: requires that agency acquisition defined in 38 U.S.C. 1701(6)(F) to regulations shall be limited only to include the following specific items and Action Date FR Cite those necessary to implement the FAR policies and procedures within the services: wheelchairs, artificial limbs, NPRM ...... 10/16/17 82 FR 48018 trusses, and similar appliances; special NPRM Comment 12/15/17 agency and to any additional clothing made necessary by the wearing Period End. information needed to supplement the of prosthetic appliances; and such other Final Action ...... 08/00/18 FAR to satisfy the specific needs of the supplies or services as the Secretary agency. The needed changes include determines to be reasonable and Regulatory Flexibility Analysis proposing to delete paragraphs when necessary. Section 1710(a) authorizes Required: No. adequately addressed in the FAR, add VA to furnish hospital care and medical Small Entities Affected: No. new subsections to clarify that FAR services ‘‘which the Secretary Government Levels Affected: None. applies to specific parts, and to remove determines to be needed.’’ In this Federalism: Undetermined. sections such as the section that deals regulation, VA is addressing the scope Agency Contact: Penny Nechanicky, with internal procedures for obtaining a of items and services that may be National Program Director for Prosthetic waiver to tailor solicitations, to be provided as medical services under and Sensory Aids Service (10P4RK), inconsistent with customary sections 1701(6)(F) and 1710(a). Department of Veterans Affairs, 810 commercial practice. Alternatives: VA considered the Vermont Avenue NW, Washington, DC Summary of Legal Basis: 40 U.S.C. consequences of taking no action. If VA 20420, Phone: 202 461–0337, Email: 121(c), 41 U.S.C. 1707. made no changes at all to its regulations, [email protected]. Alternatives: The revised VAAR will however, they would remain RIN: 2900–AP46 have 47 parts, grouped into 19 packages. inconsistent with our current practices. VA did consider grouping all of the The current regulations also include a parts into one package, which would limited list of examples of prosthetic VA have resulted in one regulatory action. items and services that are provided, However, this approach or alternative which can be misinterpreted as an 88. Revise and Streamline VA was tried several years ago and the exhaustive list. The proposed rule Acquisition Regulation To Adhere to project ended up being terminated includes a broader and non-exhaustive Federal Acquisition Regulation because of the complexity, time spent list, which provides more clarity to Principles (VAAR Case 2014–V005, correcting errors, legal review, and Veterans about the benefits to which Parts 812 and 813) inconsistency amongst the acquisition they are entitled. The eligibility for such Priority: Other Significant. offices and other agencies. Another items under the current regulation E.O. 13771 Designation: Fully or alternative would be to do nothing, would also be inconsistent with VA’s Partially Exempt. which would undermine VA’s mission authority to provide prosthetics under Legal Authority: 40 U.S.C. 121(c) of simplifying the acquisition process Public Law 104–262, section 103(a). VA CFR Citation: 48 CFR 1.3; 48 CFR 812; and making it easier for potential considered updating its internal policies 48 CFR 813; 48 CFR 852 vendors to do business with the VA. instead of its regulations. Because the Legal Deadline: None. Anticipated Cost and Benefits: There changes in this rulemaking would Abstract: The Department of Veterans are no transfer costs, savings and/or impact and limit Veterans’ benefits, a Affairs (VA) is proposing to amend and information collection burden costs/ change to existing regulations was update its VA Acquisition Regulation savings associated with this rulemaking. deemed necessary. We also could have (VAAR) in phased increments to revise VA is merely adding existing and made substantive updates to existing or remove any policy superseded by current regulatory requirements to the regulations rather than create a new changes in the Federal Acquisition VAAR parts and removing any guidance section for the provision of these Regulation (FAR), to remove procedural that is applicable only to VA’s internal benefits. However, that would have guidance internal to VA into the VAAM, operation processes or procedures and been cumbersome and confusing, and and to incorporate any new agency placing that guidance in the Veterans would not have allowed us to specific regulations or policies. These Affairs Acquisition Manual (VAAM). adequately describe the eligibility for, changes seek to streamline and align the Risks: and provision of, these benefits. VAAR with the FAR and remove Timetable:

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Action Date FR Cite redundant to the FAR. In addition, we Legal Authority: 38 U.S.C. 101; 38 propose to add a new section to U.S.C. 111; 38 U.S.C. 111A; E.O. 11302; NPRM ...... 01/00/18 implement the Office of Management E.O. 13520 and Budget’s (OMB) Memorandum M– CFR Citation: 38 CFR 70.1; 38 CFR Regulatory Flexibility Analysis 11–32, dated September 14, 2011, and to 70.2; 38 CFR 70.4; 38 CFR 70.10 to 70.30 Required: No. encourage making payments to small Legal Deadline: None. Small Entities Affected: No. business contractors within 15 days of Abstract: This rule proposes Government Levels Affected: None. receipt of invoice. amendments to the Department of Agency Contact: Ricky L. Clark, Summary of Legal Basis: 40 U.S.C. Veterans Affairs (VA) regulations Senior Procurement Analyst (003A2A), 121(c), 41 U.S.C. 1707, 48 CFR 1.3. concerning beneficiary travel. The Department of Veterans Affairs, Alternatives: The revised VAAR will revisions would update the regulations Procurement Policy and Warrant have 47 parts, grouped into 19 packages. to conform to amendments to the Management Services, 425 I Street NW, VA did consider grouping all of the statutes that authorize beneficiary travel Washington, DC 20001, Phone: 202 632– parts into one package, which would benefits, and would also reorganize and 5276, Email: [email protected]. have resulted in one regulatory action. clarify the current regulations. VA is RIN: 2900–AP58 However, this approach or alternative also proposing to modify certain was tried several years ago and the provisions to establish new VA policies project ended up being terminated and procedures to expand travel benefits for veterans and other VA because of the complexity, time spent correcting errors, legal review, and beneficiaries in several areas, including 89. Revise and Streamline VA inconsistency amongst the acquisition for veterans and donors undergoing Acquisition Regulation To Adhere to offices and other agencies. Another organ transplants, those being Federal Acquisition Regulation alternative would be to do nothing, transferred between facilities, and for Principles (VAAR Case 2014–V004, which would undermine VA’s mission veterans with terminal illnesses. Parts 811 and 832) of simplifying the acquisition process Statement of Need: VA proposes to and making it easier for potential amend its regulations concerning Priority: Other Significant. beneficiary travel. The revisions would E.O. 13771 Designation: Deregulatory. vendors to do business with the VA. Anticipated Cost and Benefits: There update the regulations to conform to a Legal Authority: 40 U.S.C. 121(c) statute authorizing VA to pay the lesser CFR Citation: 48 CFR 801; 48 CFR are no transfer costs or savings associated with this rulemaking. VA is of the actual cost of ambulance 811; 48 CFR 832; 48 CFR 852; 48 CFR transportation or the amount 1.3. merely adding existing and current regulatory requirements to the VAAR determined by the ambulance travel fee Legal Deadline: None. schedule established by Centers for Abstract: The Department of Veterans and removing any guidance that is applicable only to VA’s internal Medicare and Medicaid, unless VA has Affairs (VA) is proposing to amend and entered into a contract for that update its VA Acquisition Regulation operation processes or procedures. This proposed rule impacts 7 existing ambulance transportation. (VAAR) in phased increments to revise Summary of Legal Basis: 38 U.S.C. information collection requirements or remove any policy superseded by 111 authorizes VA to provide associated with 6 Office of Management changes in the Federal Acquisition beneficiary travel benefits to eligible and Budget (OMB) control number Regulation (FAR), to remove procedural veterans who need to travel for approvals. The total incremental savings guidance internal to VA into the VAAM, examination, treatment, or care. We of this information collection is and to incorporate any new agency propose to amend the relevant estimated to be $50,660.00. specific regulations or policies. These regulations to conform to changes made changes seek to streamline and align the Risks: Timetable: by Pub. L. 112–56 and 112–154, VAAR with the FAR and remove permitting VA to pay the lesser of the outdated and duplicative requirements Action Date FR Cite actual cost ambulance transportation or and reduce burden on contractors. The the amount determined by the fee VAAM incorporates the VAAR as well NPRM ...... 01/00/18 schedule established under section as internal agency acquisition policy. 1834(l) of the Social Security Act (42 VA will rewrite certain parts of the Regulatory Flexibility Analysis U.S.C. 1395m(l)), unless VA has entered VAAR and VAAM, and as VAAR parts Required: No. into a contract for that transportation. are rewritten, will publish it in the Small Entities Affected: No. Alternatives: VA considered the Federal Register. To minimize the Government Levels Affected: None. consequences of taking no action. We number of rules published, VA will Agency Contact: Ricky L. Clark, concluded, however, that taking doing combine relatable topics. This Proposed Senior Procurement Analyst (003A2A), so would cause VHA to continue to pay Rule will revise VAAR parts 811 and Department of Veterans Affairs, non-emergency medical transportation 832, as well as affected parts 801, 852 Procurement Policy and Warrant (NEMT) market rates, which are up to and 870. Management Services, 425 I Street NW, 25% higher than Medicare, based on Statement of Need: Included in the Washington, DC 20001, Phone: 202 632– several variables including the location proposed changes to streamline the 5276, Email: [email protected]. of the VA Medical Center. VA VAAR, implementing and RIN: 2900–AP81 considered alternatives such as seeking supplementing the FAR where required, a national contract for BT NEMT and removing internal agency guidance services. However, it became apparent in keeping with the FAR principles VA that taking this action would dampen concerning agency acquisition current market-based pricing schemes regulations, are removing a significant 90. Beneficiary Travel and the pricing schemes would likely portion of subpart 811.1, Selecting and Priority: Other Significant. remain above Medicare rates. Moreover, Developing Requirements Documents, E.O. 13771 Designation: Fully or creating a market of this type would not as it includes information that is Partially Exempt. permit VA to avail itself of any cost

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savings. VA believes that a rulemaking, changes seek to streamline and align the Therefore, we expect no increased and/ rather than a policy document, is the VAAR with the FAR and remove or decreased PRA costs. appropriate mechanism to change its outdated and duplicative requirements Risks: payment rates for non-emergency and reduce burden on contractors. The Timetable: medical transportation because this VAAM incorporates the VAAR as well change affects the rights and obligations as internal agency acquisition policy. Action Date FR Cite of the public. VA will rewrite certain parts of the NPRM ...... 01/00/18 Anticipated Cost and Benefits: VA has VAAR and VAAM, and as VAAR parts determined that there are no transfer are rewritten, will publish it in the Regulatory Flexibility Analysis costs associated with this rulemaking. Federal Register. To minimize the Required: No. number of rules published, VA will However, there are transfers estimated Small Entities Affected: No. at $47 million in FY 2018 and $252.4 combine relatable topics. This proposed Government Levels Affected: None. million over a five year period (FY rulemaking revises VAAR parts 831, Agency Contact: Rafael Taylor, Senior 2018–2022). The government will save 833, 852 and 871. Procurement Analyst (003A2A), Statement of Need: Included in the money as a result of VA making Department of Veterans Affairs, proposed changes to streamline the transport payments under the CMS Procurement Policy and Warrant VAAR, implementing and methodology instead of utilizing non- Management Services, 425 I Street NW, supplementing the FAR where required, contract special mode transportation Washington, DC 20001, Phone: 202 382– and removing internal agency guidance payments, the CMS methodology 2787, Email: [email protected]. in keeping with the FAR principles payments are less. There are no other RIN: 2900–AQ02 ancillary costs associated with this concerning agency acquisition rulemaking. There are no provisions regulations, are clarifying that the cost constituting a collection or reduction of principles apply to the negotiation of information under the Paperwork prices under fixed-price contracts as VA Reduction Act. Therefore, we expect no well as to costs under cost 92. • Revise and Streamline VA increased and/or decreased PRA costs. reimbursement contracts, and to Acquisition Regulation To Adhere to Risks: contracts with educational institutions Federal Acquisition Regulation Timetable: as well as those with commercial and Principle (VAAR Case 2016–V002, Parts non-profit organizations; Adding a 829, 846 and 847) Action Date FR Cite definition section; And, adding language that pursuant to Public Law Priority: Other Significant. NPRM ...... 01/00/18 114–328, the Small Business E.O. 13771 Designation: Other. Administration (SBA) will also hear Legal Authority: 26 U.S.C. 5214(a); 26 Regulatory Flexibility Analysis cases related to size, status, and U.S.C. 5271; 26 U.S.C. 7510; 40 U.S.C. Required: No. ownership and control challenges under 121(c); 41 U.S.C. 1303(a)(2) Small Entities Affected: No. the VA Veterans First Contracting CFR Citation: 48 CFR 829; 48 CFR Government Levels Affected: None. Program. 846; 48 CFR 847; 48 CFR 852; 48 CFR Agency Contact: Mike Davis, Director Summary of Legal Basis: 38 U.S.C. 870; 48 CFR 1.301 to 1.304 Member Services (10NF), Department of 501, 40 U.S.C. 121(c), 41 U.S.C. Legal Deadline: None. Veterans Affairs, 810 Vermont Avenue 1121(c)(3), 41 U.S.C. 1707, 48 CFR 301– Abstract: The Department of Veterans NW, Washington, DC 20420, Phone: 404 1.304 Affairs (VA) is proposing to amend and 828–5691, Email: [email protected]. Alternatives: The revised VAAR will update its VA Acquisition Regulation RIN: 2900–AP89 have 47 parts, grouped into 19 packages. (VAAR) in phased increments to revise VA did consider grouping all of the or remove any policy superseded by parts into one package, which would changes in the Federal Acquisition VA have resulted in one regulatory action. Regulation (FAR), to remove procedural However, this approach or alternative guidance internal to VA into the VAAM, • 91. Revise and Streamline VA was tried several years ago and the and to incorporate any new agency Acquisition Regulation To Adhere to project ended up being terminated specific regulations or policies. These Federal Acquisition Regulation because of the complexity, time spent changes seek to streamline and align the Principles (VAAR Case 2015–V010) correcting errors, legal review, and VAAR with the FAR and remove Priority: Other Significant. inconsistency amongst the acquisition outdated and duplicative requirements E.O. 13771 Designation: Other. offices and other agencies. Another and reduce burden on contractors. The Legal Authority: 38 U.S.C. 501; 40 alternative would be to do nothing, VAAM incorporates the VAAR as well U.S.C. 121(c); 41 U.S.C. 1121(c)(3) which would undermine VA’s mission as internal agency acquisition policy. CFR Citation: 48 CFR 831; 48 CFR of simplifying the acquisition process VA will rewrite certain parts of the 833; 48 CFR 852; 48 CFR 871; 48 CFR and making it easier for potential VAAR and VAAM, and as VAAR parts 1.301 to 1.303. vendors to do business with the VA. are rewritten, will publish it in the Legal Deadline: None. Anticipated Cost and Benefits: There Federal Register. To minimize the Abstract: The Department of Veterans are no transfers associated with this number of rules published, VA will Affairs (VA) is proposing to amend and rulemaking. VA is merely adding combine relatable topics. This Proposed update its VA Acquisition Regulation existing and current regulatory Rule revises VAAR parts 829, 846, 847, (VAAR) in phased increments to revise requirements to the VAAR and as well as affected parts 852 and 870. or remove any policy superseded by removing any guidance that is Statement of Need: Included in the changes in the Federal Acquisition applicable only to VA’s internal proposed changes to streamline the Regulation (FAR), to remove procedural operation processes or procedures. VAAR, implementing and guidance internal to VA into the VAAM, There are no provisions constituting a supplementing the FAR where required, and to incorporate any new agency collection or reduction of information and removing internal agency guidance specific regulations or policies. These under the Paperwork Reduction Act. in keeping with the FAR principles

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concerning agency acquisition VA Alternatives: The revised VAAR will regulations, are adding definitions; in 93. • Revise and Streamline VA have 47 parts, grouped into 19 packages. section 829.303, application of State and Acquisition Regulation To Adhere to VA did consider grouping all of the local taxes to Government contractors Federal Acquisition Regulation parts into one package, which would and subcontractors, delegating to the Principle (VAAR Case 2016–V003, Parts have resulted in one regulatory action. Head of the Contracting Activity (HCA), 844 and 845) However, this approach or alternative without power of redelegation, the was tried several years ago and the authority to make the determination Priority: Other Significant. project ended up being terminated prescribed in FAR 29.303(a); and in new E.O. 13771 Designation: Other. because of the complexity, time spent Legal Authority: 38 U.S.C. 501; 40 clause 852.246–71, Rejected Goods, correcting errors, legal review, and U.S.C. 121(c) inconsistency amongst the acquisition clarifying a contractor’s obligations to CFR Citation: 48 CFR 844; 48 CFR offices and other agencies. Another remove goods rejected by the 845; 48 CFR 1.301 to 1.304. Government. Legal Deadline: None. alternative would be to do nothing, Summary of Legal Basis: 26 U.S.C. Abstract: The Department of Veterans which would undermine VA’s mission of simplifying the acquisition process 5214(a), 5271, 7510; 40 U.S.C. 121(c); 41 Affairs (VA) is proposing to amend and and making it easier for potential U.S.C. 1303(a)(2), 48 CFR 1.301–1.304 update its VA Acquisition Regulation (VAAR) in phased increments to revise vendors to do business with the VA. Alternatives: The revised VAAR will Anticipated Cost and Benefits: There have 47 parts, grouped into 19 packages. or remove any policy superseded by changes in the Federal Acquisition are no transfers associated with this VA did consider grouping all of the Regulation (FAR), to remove procedural rulemaking. VA is merely adding parts into one package, which would guidance internal to VA into the VAAM, existing and current regulatory have resulted in one regulatory action. and to incorporate any new agency requirements to the VAAR and However, this approach or alternative specific regulations or policies. These removing any guidance that is was tried several years ago and the changes seek to streamline and align the applicable only to VA’s internal project ended up being terminated VAAR with the FAR and remove operation processes or procedures. This because of the complexity, time spent outdated and duplicative requirements action contains no provisions correcting errors, legal review, and and reduce burden on contractors. The constituting a collection of information inconsistency amongst the acquisition VAAM incorporates the VAAR as well under the Paperwork Reduction Act of offices and other agencies. Another as internal agency acquisition policy. 1995 (44 U.S.C. 3501 to 3521). alternative would be to do nothing, VA will rewrite certain parts of the Therefore, we expect no increased and/ which would undermine VA’s mission VAAR and VAAM, and as VAAR parts or decreased PRA costs. of simplifying the acquisition process Risks: are rewritten, will publish it in the and making it easier for potential Timetable: Federal Register. To minimize the vendors to do business with the VA. number of rules published, VA will Action Date FR Cite Anticipated Cost and Benefits: There combine relatable topics. This proposed are no transfers associated with this rulemaking revises VAAR parts 844 and NPRM ...... 01/00/18 rulemaking. VA is merely adding 845. existing and current regulatory Statement of Need: Included in the Regulatory Flexibility Analysis requirements to the VAAR and proposed changes to streamline the Required: No. removing any guidance that is VAAR, implementing and Small Entities Affected: No. applicable only to VA’s internal supplementing the FAR where required, Government Levels Affected: None. operation processes or procedures. and removing internal agency guidance Agency Contact: Rafael Taylor, Senior There are no provisions constituting a in keeping with the FAR principles Procurement Analyst (003A2A), collection or reduction of information concerning agency acquisition Department of Veterans Affairs, under the Paperwork Reduction Act. regulations, are adding the requirement, Procurement Policy and Warrant Therefore, we expect no increased and/ before a contracting officer consents to Management Services, 425 I Street NW, or decreased PRA costs. a subcontract where other than the Washington, DC 20001, Phone: 202 382– Risks: lowest price is the basis for selection, 2787, Email: [email protected]. that the contractor has substantiated the RIN: 2900–AQ05 Timetable: selection as offering the greatest value to the Government; And, requiring that Action Date FR Cite contractor purchasing system reviews VA NPRM ...... 01/00/18 focus special attention, on policies and procedures pertaining to the Veterans 94. Authority of Health Care Providers First Contracting Program, To Practice Telehealth Regulatory Flexibility Analysis Documentation of commercial item Priority: Other Significant. Required: No. determinations to ensure compliance E.O. 13771 Designation: Fully or Small Entities Affected: No. with the definition of commercial item Partially Exempt. Government Levels Affected: None. in FAR 2.101, and for acquisitions Legal Authority: 38 U.S.C. 501; 38 involving electronic parts, whether the U.S.C. 1701 (note); 38 U.S.C. 1709A; 38 Agency Contact: Rafael Taylor, Senior contractor has implemented a U.S.C. 1712A (note); 38 U.S.C. 1722B; Procurement Analyst (003A2A), counterfeit electronic part detection and 38 U.S.C. 7301; 38 U.S.C. 7330A; 38 Department of Veterans Affairs, avoidance system to ensure that U.S.C. 7401 to 7403; 38 U.S.C. 7406 Procurement Policy and Warrant counterfeit electronic parts do not enter (note) Management Services, 425 I Street NW, the supply chain. CFR Citation: 38 FR 17.417. Washington, DC 20001, Phone: 202 382– Summary of Legal Basis: 38 U.S.C. Legal Deadline: None. 2787, Email: [email protected]. 501, 40 U.S.C. 121(c), 48 CFR 1.301 to Abstract: The Department of Veterans RIN: 2900–AQ04 1.304. Affairs (VA) proposed to amend its

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medical regulations by standardizing access to care for Veterans and and reduce burden on contractors. The the delivery of care by VA health care beneficiaries. VAAM incorporates the VAAR as well providers through telehealth. The rule Anticipated Cost and Benefits: VA as internal agency acquisition policy. would ensure that VA health care anticipates minimal (transfer) costs to VA will rewrite certain parts of the providers provide the same level of care VA as a result of this rulemaking. VAAR and VAAM, and as VAAR parts to all beneficiaries, irrespective of the However, VA’s ability to leverage are rewritten, will publish it in the State or location in a State of the health existing resources to expand telehealth Federal Register. To minimize the care provider or the beneficiary. This under an expanded authority will result number of rules published, VA will rule would achieve important Federal in (transfer) savings to VA. These combine relatable topics. interests by ensuring the availability of savings to VA will offset the anticipated Statement of Need: The rulemaking mental health, specialty, and general minimal costs to VA. This rulemaking would update the VAAR to current FAR clinical care for all beneficiaries. contains no provisions constituting a titles, requirements, and definitions; it Statement of Need: VA proposes to collection of information under the would correct inconsistencies and amend its medical regulations by Paperwork Reduction Act of 1995 (44 removes redundancies and duplicate standardizing the delivery of care by VA U.S.C. 3501 to 3521). Therefore, we material already covered by the FAR; it health care providers through expect no increased and/or decreased would also delete outdated material or telehealth. This rule would ensure that PRA costs. information and appropriately VA health care providers provide the Risks: renumbers VAAR text, clauses, and same level of care to all beneficiaries, Timetable: provisions where required to comport irrespective of the State or location in a with FAR format, numbering and State of the VA health care provider or Action Date FR Cite arrangement. All amendments, the beneficiary. This rule would achieve revisions, and removals have been important Federal interests by NPRM ...... 10/02/17 82 FR 45756 reviewed and concurred with by an NPRM Comment 11/01/17 increasing the availability of mental Integrated Product Team of agency health, specialty, and general clinical Period End. Final Action ...... 05/00/18 stakeholders. Codified acquisition care for all beneficiaries. regulations may be amended and Summary of Legal Basis: 38 U.S.C. revised only through rulemaking. 7301(b) establishes the general functions Regulatory Flexibility Analysis Required: No. Summary of Legal Basis: of VHA within VA, and establishes that Authority: 38 U.S.C. 501; 40 U.S.C. its primary function is to ‘‘provide a Small Entities Affected: No. Government Levels Affected: State. 121(c); and 48 CFR 1.301 to 1.304. complete medical and hospital service Federalism: This action may have Alternatives: The revised VAAR will for the medical care and treatment of federalism implications as defined in have 47 parts, grouped into 19 packages. veterans, as provided in this title and in E.O. 13132. VA did consider grouping all of the regulations prescribed by the Secretary Agency Contact: Kevin Galpin, parts into one package, which would [of Veterans Affairs (Secretary)] Executive Director, Telehealth Services have resulted in one regulatory action. pursuant to this title.’’ In carrying out (10P8), Department of Veterans Affairs, However, this approach or alternative this function, VHA must ensure that was tried several years ago and the patient care is appropriate and safe and 810 Vermont Avenue NW, Washington, DC 20420, Phone: 404 771–8794, Email: project ended up being terminated its health care providers meet or exceed because of the complexity, time spent generally accepted professional [email protected]. RIN: 2900–AQ06 correcting errors, legal review, and standards for patient care. In addition, inconsistency amongst the acquisition because VA is a national health care offices and other agencies. Another provider, VHA must ensure that alternative would be to do nothing, beneficiaries receive the same high level VA which would undermine VA’s mission of care and access to care no matter 95. • Revise and Streamline VA of simplifying the acquisition process where, in a State, a beneficiary or health Acquisition Regulation To Adhere to and making it easier for potential care provider is located at the time the Federal Acquisition Regulation vendors to do business with the VA. health care is provided. Anticipated Cost and Benefits: There Alternatives: VA considered the Principles (VAAR Case 2014–V008) are no transfer costs or savings consequences of taking no regulatory Priority: Other Significant. associated with this rulemaking. The action. Doing so would leave VA E.O. 13771 Designation: Deregulatory. total estimated annual cost savings to telehealth providers vulnerable to Legal Authority: 38 U.S.C. 501; 40 respondents as a result of this adverse action, such as discipline or U.S.C. 121(c) rulemaking is estimated to be termination of licenses by their state CFR Citation: 48 CFR 801, 825, 836, $82,685.00. licensing boards if they provide services 842, 846 and 852. Risks: to beneficiaries in States in which the Legal Deadline: None. Timetable: providers are not licensed, registered, Abstract: The Department of Veterans certified, or located. Under those Affairs (VA) is proposing to amend and Action Date FR Cite circumstances, VA has found that some update its VA Acquisition Regulation of its medical providers cannot (VAAR) in phased increments to revise NPRM ...... 02/00/18 effectively practice telehealth, which or remove any policy superseded by limit’s VA’s ability to provide care to changes in the Federal Acquisition Regulatory Flexibility Analysis Veterans, particularly in remote, rural, Regulation (FAR), to remove procedural Required: No. or medically underserved areas. VA’s guidance internal to VA into the VAAM, Small Entities Affected: No. only remedy for that issue is to and to incorporate any new agency Government Levels Affected: None. supersede state law, and the appropriate specific regulations or policies. These Agency Contact: Ricky L. Clark, mechanism to do so is in rulemaking. changes seek to streamline and align the Senior Procurement Analyst (003A2A), By superseding state law in this VAAR with the FAR and remove Department of Veterans Affairs, rulemaking, VA will ensure greater outdated and duplicative requirements Procurement Policy and Warrant

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Management Services, 425 I Street NW, have resulted in one regulatory action. are rewritten, will publish it in the Washington, DC 20001, Phone: 202 632– However, this approach or alternative Federal Register. To minimize the 5276, Email: [email protected]. was tried several years ago and the number of rules published, VA will RIN: 2900–AQ18 project ended up being terminated combine relatable topics. because of the complexity, time spent Statement of Need: The rulemaking correcting errors, legal review, and would update the VAAR to current FAR inconsistency amongst the acquisition VA titles, requirements, and definitions; it offices and other agencies. Another would correct inconsistencies and 96. • Revise and Streamline VA alternative would be to do nothing, removes redundancies and duplicate Acquisition Regulation To Adhere to which would undermine VA’s mission material already covered by the FAR; it Federal Acquisition Regulation of simplifying the acquisition process would also delete outdated material or Principles (VAAR Case 2014–V006) and making it easier for potential information and appropriately Priority: Other Significant. vendors to do business with the VA. renumbers VAAR text, clauses, and E.O. 13771 Designation: Not subject Anticipated Cost and Benefits: There provisions where required to comport to, not significant. are no transfer costs, savings and/or with FAR format, numbering and Legal Authority: 41 U.S.C. 1303; 41 information collection burden costs/ arrangement. All amendments, U.S.C. 1707; 38 U.S.C. 8127 to 8128 savings associated with this rulemaking. revisions, and removals have been CFR Citation: 48 CFR Ch 8; 48 CFR Risks: reviewed and concurred with by an 817; 48 CFR 852. Timetable: Integrated Product Team of agency Legal Deadline: None. stakeholders. Codified acquisition Action Date FR Cite Abstract: The Department of Veterans regulations may be amended and Affairs (VA) is proposing to amend and NPRM ...... 04/00/18 revised only through rulemaking. update its VA Acquisition Regulation Summary of Legal Basis: Authority: (VAAR) in phased increments to revise Regulatory Flexibility Analysis 38 U.S.C. 501; 40 U.S.C. 121(c); and 48 or remove any policy superseded by Required: No. CFR 1.301 to 1.304. changes in the Federal Acquisition Small Entities Affected: No. Alternatives: The revised VAAR will Regulation (FAR), to remove procedural Government Levels Affected: None. have 47 parts, grouped into 19 packages. guidance internal to VA into the VAAM, Agency Contact: Rafael Taylor, Senior VA did consider grouping all of the and to incorporate any new agency Procurement Analyst (003A2A), parts into one package, which would specific regulations or policies. These Department of Veterans Affairs, have resulted in one regulatory action. changes seek to streamline and align the Procurement Policy and Warrant However, this approach or alternative VAAR with the FAR and remove Management Services, 425 I Street NW, was tried several years ago and the outdated and duplicative requirements Washington, DC 20001, Phone: 202 382– project ended up being terminated and reduce burden on contractors. The 2787, Email: [email protected]. because of the complexity, time spent VAAM incorporates the VAAR as well RIN: 2900–AQ19 correcting errors, legal review, and as internal agency acquisition policy. inconsistency amongst the acquisition VA will rewrite certain parts of the offices and other agencies. Another VAAR and VAAM, and as VAAR parts VA alternative would be to do nothing, are rewritten, will publish it in the which would undermine VA’s mission Federal Register. To minimize the 97. • Revise and Streamline VA of simplifying the acquisition process number of rules published, VA will Acquisition Regulation To Adhere to and making it easier for potential combine relatable topics. Federal Acquisition Regulation vendors to do business with the VA. Statement of Need: The rulemaking Principles (VAAR Case 2015–V011) Anticipated Cost and Benefits: There would update the VAAR to current FAR Priority: Other Significant. are no transfer costs or savings titles, requirements, and definitions; it E.O. 13771 Designation: Not subject associated with this rulemaking. The would correct inconsistencies and to, not significant. total estimated annual cost to removes redundancies and duplicate Legal Authority: 38 U.S.C. 501; 40 respondents as a result of this material already covered by the FAR; it U.S.C. 121(c) rulemaking is estimated to be would also delete outdated material or CFR Citation: 48 CFR Ch 8. $565,000.00. information and appropriately Legal Deadline: None. Risks: renumbers VAAR text, clauses, and Abstract: The Department of Veterans Timetable: provisions where required to comport Affairs (VA) is proposing to amend and with FAR format, numbering and update its VA Acquisition Regulation Action Date FR Cite arrangement. All amendments, (VAAR) in phased increments to revise revisions, and removals have been or remove any policy superseded by NPRM ...... 05/00/18 reviewed and concurred with by an changes in the Federal Acquisition Integrated Product Team of agency Regulation (FAR), to remove procedural Regulatory Flexibility Analysis stakeholders. Codified acquisition guidance internal to VA into the VAAM, Required: No. regulations may be amended and and to incorporate any new agency Small Entities Affected: No. revised only through rulemaking. specific regulations or policies. These Government Levels Affected: None. Summary of Legal Basis: Authority: changes seek to streamline and align the Agency Contact: LeStancia N. Spaght, 41 U.S.C. 1303; 48 CFR 1.301 to 1.304; VAAR with the FAR and remove Senior Procurement Analyst (003A2A), 41 U.S.C. 1707; and 38 U.S.C. 8127 and outdated and duplicative requirements Department of Veterans Affairs, 8128. and reduce burden on contractors. The Procurement Policy and Warrant Alternatives: The revised VAAR will VAAM incorporates the VAAR as well Management Services, 425 I Street NW, have 47 parts, grouped into 19 packages. as internal agency acquisition policy. Washington, DC 20001, Phone: 202 632– VA did consider grouping all of the VA will rewrite certain parts of the 5331. parts into one package, which would VAAR and VAAM, and as VAAR parts RIN: 2900–AQ20

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VA alternative would be to do nothing, home hospitals will be eliminated 98. • Revise and Streamline VA which would undermine VA’s mission because there are no longer any State Acquisition Regulation To Adhere to of simplifying the acquisition process home hospitals. Summary of Legal Basis: VA pays per Federal Acquisition Regulation and making it easier for potential diem to State homes for three types of Principles (VAAR Case 2015–V012) vendors to do business with the VA. Anticipated Cost and Benefits: There care provided to eligible veterans: Priority: Other Significant. are no transfer costs, savings and/or Nursing home care, domiciliary care, E.O. 13771 Designation: Not subject information collection burden costs/ and adult day health care. The statutory to, not significant. savings associated with this rulemaking. authority for these payment programs is Legal Authority: 38 U.S.C. 501; 40 Risks: set forth at 38 U.S.C. 1741–43 and 1745. U.S.C. 121(c) and 3304(a) Timetable: Alternatives: VA considered the CFR Citation: 48 CFR Ch 8. consequences of taking no action. Under Legal Deadline: None. Action Date FR Cite VA’s State home per diem program, VA Abstract: The Department of Veterans partners States to provide nursing home, Affairs (VA) is proposing to amend and NPRM ...... 05/00/18 domiciliary, and adult day health update its VA Acquisition Regulation services to Veterans. The states and (VAAR) in phased increments to revise Regulatory Flexibility Analysis organizations that represent them have or remove any policy superseded by Required: No. advised VA for many years that certain changes in the Federal Acquisition Small Entities Affected: No. of VA’s regulations are outdated, Regulation (FAR), to remove procedural Government Levels Affected: None. confusing, do not conform with best guidance internal to VA into the VAAM, Agency Contact: Ricky L. Clark, practices in extended care services, or and to incorporate any new agency Senior Procurement Analyst (003A2A), are otherwise in need of updating. In specific regulations or policies. These Department of Veterans Affairs, particular, they have repeatedly changes seek to streamline and align the Procurement Policy and Warrant requested that VA establish regulatory VAAR with the FAR and remove Management Services, 425 I Street NW, guidance about the domiciliary care outdated and duplicative requirements Washington, DC 20001, Phone: 202 632– program, and change standards relating and reduce burden on contractors. The 5276, Email: [email protected]. to medical supervision of the Adult Day VAAM incorporates the VAAR as well RIN: 2900–AQ21 Health Care program. Taking no action as internal agency acquisition policy. would result in VA being unable to VA will rewrite certain parts of the make the needed changes to these VAAR and VAAM, and as VAAR parts VA programs to respond to these concerns are rewritten, will publish it in the of stakeholders. Federal Register. To minimize the Final Rule Stage Anticipated Cost and Benefits: VA has number of rules published, VA will 99. Per Diem Paid to States for Care of determined that there are both transfer combine relatable topics. Eligible Veterans in State Homes savings and costs associated with this Statement of Need: The rulemaking rulemaking. As a result of the newly would update the VAAR to current FAR Priority: Other Significant. increased ADHC services, the titles, requirements, and definitions; it E.O. 13771 Designation: Fully or government will spend $700,162 less in would correct inconsistencies and Partially Exempt. transfers in FY 2017 and $4,531,095 less removes redundancies and duplicate Legal Authority: 38 U.S.C. 101, 501 over a five year period. The cost material already covered by the FAR; it and 1710; 38 U.S.C. 1741 to 1743; 38 avoidance is based on a high end would also delete outdated material or U.S.C. 1745; 38 U.S.C. 7104 and 7105; volume estimate. This final rulemaking information and appropriately 42 U.S.C. 1395(cc) contains provisions constituting renumbers VAAR text, clauses, and CFR Citation: 38 CFR 51. collections of information under the Legal Deadline: None. provisions where required to comport Paperwork Reduction Act of 1995 (44 Abstract: This rulemaking would with FAR format, numbering and U.S.C. 3501 to 3521). However, there are adopt as final, to include any changes as arrangement. All amendments, no increased and/or decreased PRA a result of public comments, the revisions, and removals have been costs. reviewed and concurred with by an proposed rule that published on June Risks: Integrated Product Team of agency 17, 2015, at 80 FR 34793. This Timetable: stakeholders. Codified acquisition rulemaking reorganizes, updates, and regulations may be amended and clarifies State Veterans homes Action Date FR Cite revised only through rulemaking. regulations, authorizes greater flexibility Summary of Legal Basis: Authority: in adult day health care programs, and NPRM ...... 06/17/15 80 FR 34793 38 U.S.C. 501; 40 U.S.C. 121(c); 41 establishes regulations regarding NPRM; Correction 06/24/15 80 FR 36305 U.S.C. 1121(c)(3); 41 U.S.C. 3304(a); 48 domiciliary care, with clarifications and Clarification. NPRM Comment 08/17/15 CFR 1.301 to 1.304. regarding the care that State homes must Period End. Alternatives: The revised VAAR will provide to veterans in domiciliaries. Final Action ...... 05/00/18 have 47 parts, grouped into 19 packages. Statement of Need: The VA did consider grouping all of the reorganization would improve Regulatory Flexibility Analysis parts into one package, which would consistency and clarity throughout these Required: No. have resulted in one regulatory action. State home programs. Currently, we Small Entities Affected: No. However, this approach or alternative require States to operate these programs Government Levels Affected: None. was tried several years ago and the exclusively using a medical supervision Agency Contact: Richard Allman, project ended up being terminated model. We expect that these liberalizing Chief Consultant, Geriatrics and because of the complexity, time spent changes will result in an increase in the Extended Care Services, Department of correcting errors, legal review, and number of States that have adult day Veterans Affairs, 810 Vermont Avenue inconsistency amongst the acquisition health care programs. Moreover, the NW, Washington, DC 20420, Phone: 202 offices and other agencies. Another regulations governing per diem for State 461–6750.

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RIN: 2900–AO88 Summary of Legal Basis: 38 U.S.C. Department of Veterans Affairs, 501, 40 U.S.C. 121(c), 41 U.S.C. Procurement Policy and Warrant 1121(c)(3), 41 U.S.C. 1707, 48 CFR 301– Management Services, 425 I Street NW, VA 1.304. Washington, DC 20001, Phone: 202 632– Alternatives: The revised VAAR will 5276, Email: [email protected]. 100. Revise and Streamline VA have 47 parts, grouped into 19 packages. RIN: 2900–AP50 Acquisition Regulation To Adhere to VA did consider grouping all of the Federal Acquisition Regulation parts into one package, which would Principles (VAAR Case 2014–V001, have resulted in one regulatory action. VA Parts 803, 814 and 822) However, this approach or alternative Priority: Other Significant. was tried several years ago and the 101. Revise and Streamline VA E.O. 13771 Designation: Deregulatory. project ended up being terminated Acquisition Regulation To Adhere to Legal Authority: 40 U.S.C. 121(c); 38 because of the complexity, time spent Federal Acquisition Regulation U.S.C. 501; 41 U.S.C. 1121(c)(3) correcting errors, legal review, and Principles (VAAR Case 2014–V002, CFR Citation: 48 CFR 801; 48 CFR inconsistency amongst the acquisition Parts 816 and 828) 802; 48 CFR 803; 48 CFR 812; 48 CFR offices and other agencies. Another Priority: Other Significant. 814; 48 CFR 822; 48 CFR 852; 48 CFR alternative would be to do nothing, E.O. 13771 Designation: Fully or 1.301 to 1.304. which would undermine VA’s mission Partially Exempt. Legal Deadline: None. of simplifying the acquisition process Legal Authority: 40 U.S.C. 121(c) Abstract: The Department of Veterans and making it easier for potential CFR Citation: 48 CFR 816; 48 CFR Affairs (VA) is proposing to amend and vendors to do business with the VA. 828; 48 CFR 852; 48 CFR 1.3. update its VA Acquisition Regulation Anticipated Cost and Benefits: VA has Legal Deadline: None. (VAAR) in phased increments to revise determined that there are notransfer Abstract: The Department of Veterans or remove any policy superseded by costs and/or savings associated with this changes in the Federal Acquisition Affairs (VA) is proposing to amend and rulemaking. VA is merely adding update its VA Acquisition Regulation Regulation (FAR), to remove procedural existing and current regulatory guidance internal to VA into the VAAM, (VAAR) in phased increments to revise requirements to these VAAR parts and or remove any policy superseded by and to incorporate any new agency removing any guidance that is specific regulations or policies. These changes in the Federal Acquisition applicable only to VA’s internal Regulation (FAR), to remove procedural changes seek to streamline and align the operation processes or procedures and VAAR with the FAR and remove guidance internal to VA into the VAAM, placing that guidance in the Veterans and to incorporate any new agency outdated and duplicative requirements Affairs Acquisition Manual (VAAM). and reduce burden on contractors. The specific regulations or policies. These Although this action contains changes seek to streamline and align the VAAM incorporates the VAAR as well provisions constituting collections of as internal agency acquisition policy. VAAR with the FAR and remove information at 48 CFR 814.201–6(a) and outdated and duplicative requirements VA will rewrite certain parts of the 852.214–70, under the provisions of the VAAR and VAAM, and as VAAR parts and reduce burden on contractors. The Paperwork Reduction Act of 1995 (44 VAAM incorporates the VAAR as well are rewritten, will publish it in the U.S.C. 3501 to 3521), no new or Federal Register. To minimize the as internal agency acquisition policy. proposed revised collections of VA will rewrite certain parts of the number of rules published, VA will information are associated with this combine relatable topics. This Proposed VAAR and VAAM, and as VAAR parts rule. Rule revises VAAR parts 803, 814 and are rewritten, will publish it in the The information collection 822, as well as affected parts 801, 802, Federal Register. To minimize the requirements for 48 CFR 814.201–6(a) 812 and 852. number of rules published, VA will Statement of Need: Included in the and 852.214–70 are currently approved combine relatable topics. This proposed proposed changes to streamline the by the Office of Management and rule revises VAAR parts 816 and 828, as VAAR, implementing and Budget (OMB), have been assigned OMB well as affected part 852. supplementing the FAR where required, control number 2900–0593, and are Statement of Need: Included in the and removing internal agency guidance being proposed for removal and changes to streamline the VAAR, in keeping with the FAR principles discontinuance. This will remove the implementing and supplementing the concerning agency acquisition annual burden of 2 hours on the FAR where required, and removing regulations, are removing an estimated 640 respondents annually and internal agency guidance in keeping information collection burden from the have an information collection burden with the FAR principles concerning VAAR because it is based on an savings of $50.66. agency acquisition regulations, are outdated practice in providing bid Risks: adding a section on consignment envelopes. We propose to add Timetable: agreements which defines and describes additional definitions to ensure a the consignment agreement acquisition Action Date FR Cite common understanding and meaning of method used for satisfying the need for terms related to debarment and NPRM ...... 05/17/17 82 FR 22635 immediate and on-going requirements; suspensions in the department. We are NPRM Comment 07/17/17 removing the section, Letters of proposing to update the policy Period End. Availability, as that procurement governing improper business practices Final Action ...... 01/00/18 method is no longer in use in VA. Also, and personal conflicts of interests and to revising the section, Insurance Under clarify the language regarding the Regulatory Flexibility Analysis Fixed-Price Contracts, to clarify the prohibition of contractors from making Required: No. provision prescription for when reference in its commercial advertising Small Entities Affected: No. insurance is required for solicitations regarding VA contracts to avoid Government Levels Affected: None. when utilizing term or continuing fixed implying that the Government approves Agency Contact: Ricky L. Clark, priced contracts for ambulance, or endorses products or services. Senior Procurement Analyst (003A2A), automobile and aircraft service.

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Summary of Legal Basis: 40 U.S.C. VA emergency treatment in light of the 121(c), 41 U.S.C. 1707, 48 CFR 1.3. 102. • Reimbursement for Emergency court order. Anticipated Cost and Benefits: VA has Alternatives: The revised VAAR will Treatment determined that there are transfers costs have 47 parts, grouped into 19 packages. Priority: Economically Significant. VA did consider grouping all of the associated with this rulemaking. Total Major under 5 U.S.C. 801. transfer costs are estimated to be from parts into one package, which would E.O. 13771 Designation: Fully or have resulted in one regulatory action. a low estimate of $45.0 million to a high Partially Exempt. estimate of $97.3 million in FY 2018 However, this approach or alternative Legal Authority: 38 U.S.C. 501 was tried several years ago and the and a low estimate of $234.4 million to CFR Citation: 38 CFR 17.1002; 38 CFR a high estimate of $517.7 million over project ended up being terminated 17.1003; 38 CFR 17.1005. because of the complexity, time spent a five year period. This rule contains no Legal Deadline: None. provisions constituting a collection of correcting errors, legal review, and Abstract: The Department of Veterans information under the Paperwork inconsistency amongst the acquisition Affairs (VA) plans to revise its Reduction Act of 1995 (44 U.S.C. 3501 offices and other agencies. Another regulations concerning payment or to 3521). alternative would be to do nothing, reimbursement for emergency treatment which would undermine VA’s mission Risks: for non-service-connected conditions at Timetable: of simplifying the acquisition process non-VA facilities to implement the and making it easier for potential requirements of a recent court decision. Action Date FR Cite vendors to do business with the VA. Statement of Need: This rulemaking Anticipated Cost and Benefits: VA has will clarify eligibility for payment or Interim Final Rule 11/00/17 determined there are no transfer costs or reimbursement to include veterans who savings associated with this rulemaking. receive partial payment from a health- Regulatory Flexibility Analysis VA is merely adding existing and plan contract for non-VA emergency Required: No. current regulatory requirements to the treatment and establishes a Small Entities Affected: No. VAAR and removing any guidance that corresponding reimbursement Government Levels Affected: None. Agency Contact: Joseph Duran, is applicable only to VA’s internal methodology. Deputy Director (10NB3), Department of operation processes or procedures and Summary of Legal Basis: 38 U.S.C. Veterans Affairs, Chief Business Office, placing that guidance in the Veterans 1725 authorizes VA to reimburse Veteran Health Administration, 3773 Affairs Acquisition Manual (VAAM). veterans for the reasonable value of Cherry Creek North Drive, Denver, CO This rule contains provisions emergency treatment for non-service 80209, Phone: 303 372–4629, Email: constituting collections of information connected conditions furnished in a [email protected]. at 48 CFR 828.306 and 852.228–71, non-VA facility, if certain criteria are RIN: 2900–AQ08 under the provisions of the Paperwork met. One requirement is that the veteran Reduction Act of 1995 (44 U.S.C. 3501– must be personally liable for the BILLING CODE 8320–01–P 3521). However, this regulation does not emergency treatment. As originally add any new or proposes any new enacted in 1999, the statute provided revisions for the collection of that a veteran is personally liable if the veteran has no entitlement to care or ENVIRONMENTAL PROTECTION information. The information collection AGENCY (EPA) requirements for 48 CFR 828.306 and services under a health-plan contract, 852.228–71 are currently approved by and no other contractual or legal Statement of Priorities recourse against a third party that the Office of Management and Budget Overview (OMB) and were assigned the OMB would, in part or in whole, extinguish The U.S. Environmental Protection control number of 2900–0590. such liability to the provider. 38 U.S.C. 1725(b)(3)(B) and (C) (1999). Agency (EPA) administers the laws Risks: In Staab v. McDonald, 28 Vet. App. enacted by Congress and signed by the Timetable: 50 (2016), the U.S. Court of Appeals for President to protect people’s health and Veterans Claims (the Court) reversed a the environment. In carrying out these Action Date FR Cite Board of Veterans’ Appeals (the Board) statutory mandates, the EPA works to decision denying a claim under section ensure that all Americans are protected NPRM ...... 03/13/17 82 FR 13418 1725. The Board had applied 17.1002(f) from significant risks to human health NPRM; Correction 04/04/17 82 FR 16332 to conclude that partial payment of the and the environment where they live, NPRM Comment 05/12/17 learn and work; that national efforts to Period End. emergency treatment by the veteran’s Final Action ...... 05/00/18 health-plan contract barred VA reduce environmental risk are based on reimbursement. On appeal, the veteran the best available scientific information; challenged 17.1002(f) as inconsistent that Federal laws protecting human Regulatory Flexibility Analysis with section 1725. The Court agreed, health and the environment are Required: No. and in a precedential decision, held enforced fairly and effectively; that Small Entities Affected: No. invalid and set aside 17.1002(f) and environmental protection is an integral Government Levels Affected: None. remanded the case. consideration in U.S. policies Alternatives: This rulemaking is a concerning natural resources, human Agency Contact: Ricky L. Clark, result of a court order invalidating 38 health, economic growth, energy, Senior Procurement Analyst (003A2A), CFR 17.1002(f). This rulemaking will transportation, agriculture, industry, Department of Veterans Affairs, amend the pertinent VA regulations to and international trade, and these Procurement Policy and Warrant comply with the holding of this Court factors are similarly considered in Management Services, 425 I Street NW, decision. It will make other establishing environmental policy; that Washington, DC 20001, Phone: 202 632– amendments that are also needed to all parts of society—communities, 5276, Email: [email protected]. ensure consistent application of its individuals, businesses, and State, local RIN: 2900–AP82 authority to reimburse Veterans for and tribal governments—have access to

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accurate information sufficient to in EPA’s statutory authority and In accordance with the schedule set effectively participate in managing consistent with the rule of law. EPA will forth in the EPA’s regulations, the EPA human health and environmental risks; assess whether these rules or alternative intends to make a Final Determination that environmental protection approaches would appropriately regarding the appropriateness of the MY contributes to making our communities promote cooperative federalism and 2022–2025 GHG standards no later than and ecosystems diverse, sustainable and respect the authority and powers that April 1, 2018. As a part of this process, economically productive; and, that the are reserved to the States; whether these the EPA is examining a wide range of United States plays a leadership role in rules and alternative approaches affect factors, such as developments in working with other nations to protect the Administration’s dual goals of powertrain technology, vehicle the global environment. protecting public health and welfare, electrification, light-weighting and To accomplish its goals in the coming while also supporting economic growth vehicle safety impacts, the penetration year, the EPA will use regulatory and job creation; and whether these of fuel efficient technologies in the authorities, along with grant- and rules or alternative approaches marketplace, consumer acceptance of incentive-based programs, technical and appropriately maintain the diversity of fuel efficient technologies, trends in fuel compliance assistance and tools, and reliable energy resources and encourage prices and the vehicle fleet, research and educational initiatives to the production of domestic energy employment impacts, and many others. address its statutory responsibilities. All sources to achieve energy independence New Source Review and Title V of this work will be undertaken with a and security. Permitting Programs Reform. The CAA strong commitment to science, law and Light-duty Vehicle Mid-Term establishes a number of permitting transparency. Evaluation. In 2012, as part of a joint programs designed to carry out the goals of the Act. The EPA directly implements Highlights of EPA’s Regulatory Plan rulemaking, the EPA and the Department of Transportation’s National some of these programs through its EPA’s more than forty years of regional offices, but most are carried out protecting public health and the Highway Traffic Safety Administration (NHTSA) finalized separate sets of by States, local agencies, and approved environment demonstrates our nation’s tribes. New Source Review (NSR) is a commitment to reducing pollution that standards under their respective statutory authorities. The EPA set GHG preconstruction permitting program that can threaten the air we breathe, the ensures that the addition of new and water we use, and the communities we emission standards (including standards for emissions of CO2, NOx, methane, modified sources does not significantly live in. This Regulatory Plan contains degrade air quality. NSR permits are and air conditioning refrigerants) for information on some of our most legal documents that the facility Model Year (MY) 2017–2025 passenger important upcoming regulatory and owners/operators must abide by. The cars and light-trucks under Clean Air deregulatory actions. As always, our permit specifies what construction is Act (CAA) section 202(a). NHTSA sets Semiannual Regulatory Agenda contains allowed, what emission limits must be national CAFE standards under the information on a broader spectrum of met, and often how the emissions Energy Policy and Conservation Act EPA’s upcoming regulatory actions. source may be operated. There are three (EPCA) for MY 2017–2021 light-duty types of NSR permits: (1) Prevention of Improving Air Quality vehicles and issued augural standards Significant Deterioration (PSD) (CAA for MY 2022–2025. The 2012 joint The Agency will continue to deploy part C) permits, which are required for existing regulatory tools where rulemaking establishing these standards new major sources or a major source appropriate and warranted. Using the included a regulatory requirement for making a major modification in an Clean Air Act, EPA will work with the EPA to conduct a Mid-Term attainment area; (2) Nonattainment NSR States to accurately measure air quality Evaluation of the GHG standards (NNSR) (CAA part D) permits, which are and ensure that more Americans are established for MY 2022–2025. In July required for new major sources or major living and working in areas that meet air 2016, the EPA, NHTSA, and the sources making a major modification in quality standards. EPA will continue to California Air Resources Board (CARB) a nonattainment area; and (3) Minor develop standards, as directed by the released for public comment a jointly source permits (CAA section Clean Air Act, for both mobile and prepared Draft Technical Assessment 110(a)(2)(C)). stationary sources, to reduce emissions Report, which examined a range of CAA title V requires major sources of of sulfur dioxide, particulate matter, issues relevant to GHG emissions and air pollutants, and certain other sources, nitrogen oxides, toxics, and other CAFE standards for MY 2022–2025. to obtain and operate in compliance pollutants. Under the 2012 joint rulemaking with an operating permit. Sources with Electric Utility Sector Greenhouse Gas regulations, no later than April 1, 2018, these ‘‘title V permits’’ are required by Rules. The EPA will continue its review the EPA Administrator must determine the CAA to certify compliance with the of the Clean Power Plan suite of actions whether the GHG standards established applicable requirements of their permits issued by the previous administration under the 2012 joint rule for MY 2022– at least annually. Regulations governing affecting fossil fuel-fired electric 2025 are appropriate under CAA section the Title V program are found at 40 CFR generating units (EGUs). On October 23, 202(a) in light of the record then before part 70—State Operating Permit 2015, the EPA issued a final rule that the Administrator. Given that CO2 Programs. established first-ever standards for makes up the vast majority of the GHGs To improve program effectiveness and States to follow in developing plans to that the EPA regulates under section reduce compliance burden, the EPA will reduce carbon dioxide (CO2) emissions 202(a), and given that the technologies examine permitting programs reforms, from existing fossil fuel-fired EGUs. On available for regulating CO2 emissions such as the timely issuance of permits, the same day, the EPA issued a final do so by improving fuel economy the facilitation of flexibility in rule establishing CO2 emissions (which NHTSA regulates under EPCA), permitting in a nationally consistent standards for newly constructed, NHTSA’s views regarding their CAFE manner (including but not limited to modified, and reconstructed fossil fuel standards is an appropriate plant-wide applicability limits (PALs) fired EGUs. The Agency will reevaluate consideration in EPA’s determination and alternative operating scenarios), and whether these rules and alternative regarding what GHG standards would be the simplification of CAA permitting approaches are appropriately grounded appropriate under the CAA. requirements by evaluating and

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pursuing appropriate actions related to have safe water to drink and generally prior regulations and the approach in actual-to-projected-actual applicability improving the quality of the Nation’s the 2015 Clean Water Rule. In test, project netting rulemaking, waters. While progress has been made, determining the possible new debottlenecking, and routine numerous challenges remain in such approaches, EPA and the Corps of maintenance, repair, and replacement. areas as nutrient loadings, storm water Engineers are considering a definition The EPA plans to complete the runoff, invasive species and drinking for ‘‘navigable water’’ in a manner following actions: GHG Significant water contaminants. These challenges consistent with the plurality opinion of Emission Rate rulemaking, which will can only be addressed by working with Justice Antonin Scalia in the Rapanos provide a significance threshold for our State and tribal partners to develop decision as instructed by Executive GHG emissions to determine when a new and innovative strategies in Order 13778, ‘‘Restoring the Rule of best available control technology addition to the more traditional Law, Federalism, and Economic Growth (BACT) analysis is required; improve regulatory approaches. EPA plans to by Reviewing the ‘Waters of the United the technical tools used to streamline air address the following challenging issues States’ Rule.’’ quality modeling by issuing final PM2.5 in rulemakings. Effluent Limitations Guidelines and and Ozone Significant Impact Levels Waters of the U.S. The Clean Water Standards for the Steam Electric Power (SILs) Guidance, and final Modeled Act (CWA) seeks ‘‘to restore and Generating Point Source Category. On Emissions Rates for Precursors (MERPs) maintain the chemical, physical, and November 3, 2015, under the authority Guidance; and title V Permitting biological integrity of the Nation’s of the CWA, the EPA issued a final rule Program Petition Provisions waters.’’ Among other provisions, the amending the Effluent Limitations Modification. CWA regulates the discharge of Guidelines (ELG) and Standards for the Ozone National Ambient Air Quality pollutants into ‘‘navigable waters,’’ Steam Electric Power Generating Point Standard (NAAQS) Implementation defined in the CWA as ‘‘the waters of Source Category (i.e., 2015 Steam Revisions. the United States.’’ The question of Electric ELG). The amendments On October 1, 2015, the EPA signed what is a ‘‘water of the United States’’ addressed and contained limitations a notice of final rulemaking that revised is one that has generated substantial and standards on various waste streams the 8-hour primary and secondary interest and uncertainty, especially at steam electric power plants: fly ash Ozone NAAQS. The primary standard among states, small businesses, the transport water, bottom ash transport was lowered from 0.075 parts per agricultural communities, and water, flue gas mercury control million (ppm) to a level of 0.070 ppm. environmental organizations, because it The EPA also revised the secondary relates to the extent of jurisdiction for wastewater, flue gas desulfurization standard by making it identical in all Federal and relevant State regulations. (FGD) wastewater, gasification respects to the revised primary The EPA and the Department of the wastewater, and combustion residual standard. Army have promulgated a series of leachate. EPA recently received two Subsequently, stakeholders have regulations defining ‘‘waters of the administrative petitions for recommended that the EPA further United States.’’ The scope of ‘‘waters of reconsideration of the Steam Electric revise the exceptional event rule and the United States’’ as defined by prior ELG rule, one from the Utility Water Act associated guidance to allow for greater regulations has been subject to litigation Group (a petitioner in the litigation) and state flexibility in flagging and in several U.S. Supreme Court cases, one from the Small Business excluding exceptional events in the data most recently in its 2006 Rapanos Administration Office of Advocacy. In a set used to determine compliance with decision. Subsequently, the EPA and the letter dated April 12, 2017, the NAAQS. Exceptional events are Corp of Engineers issued the ‘‘Clean Administrator Pruitt informed the unusual or naturally occurring events Water Rule: Definition of ‘Waters of the petitioners of his decision that it is that can affect air quality but are not United States.’ ’’ (2015 WOTUS Rule.) appropriate and in the public interest to reasonably controllable using On October 9, 2015, the Sixth Circuit reconsider the rule. On April 25, 2017, techniques that tribal, State, or local air stayed the 2015 WOTUS rule EPA published a Federal Register notice agencies may implement in order to nationwide pending further action of issuing an administrative stay of the attain and maintain the NAAQS. the court. compliance dates in the rule that have Exceptional events include wildfires, On July 27, 2017, the EPA and the not yet passed, pending judicial review, stratospheric ozone intrusions, and Army issued a proposed rulemaking to under section 705 of the Administrative volcanic and seismic activities. In repeal the 2015 WOTUS rule and Procedure Act. In addition, because September 2016, the EPA finalized reinstate the regulations in place prior Section 705 of the APA authorizes an revisions to the Exceptional Events rule to its issuance. As indicated in the Agency to postpone the effective date of to establish criteria and procedures for proposed withdrawal, the agencies are an action pending judicial review, EPA use in determining exceptional events implementing clarifying changes in two issued a proposed rule on June 6, 2017 influenced air quality monitoring data. steps to provide as much certainty as to postpone certain compliance dates in In addition, the EPA intends to possible as quickly as possible to the the rule in the event that the litigation finalize necessary guidance (e.g., regulated community and the public ends, and while the Agency is updated exceptional events guidance during the development of the ultimate undertaking reconsideration. On August and guidance on Significant Impact replacement rule. In Step 1, the agencies 11, 2017 the Administrator announced Levels (SILs) and Model Emission Rates are seeking to establish the legal status his decision to conduct a rulemaking to for Precursors (MERPs), as well as to quo in the Code of Federal Regulations, potentially revise the new, more finalize its 2015 Ozone NAAQS by recodifying the regulation that was in stringent BAT effluent limitations and Implementation rule. place prior to issuance of the 2015 pretreatment standards for existing WOTUS Rule. Currently, these prior sources in the 2015 rule that apply to Improving Water Quality regulations are being implemented bottom ash transport water and flue gas Since the enactment of the Clean under the U.S. Court of Appeals for the desulfurization (FGD) wastewater. In Water Act and the Safer Drinking Water Sixth Circuit’s stay of the 2015 rule. In light of the reconsideration, EPA views Act, tremendous progress has been step 2, the agencies plan to propose a that it is appropriate to postpone made toward ensuring that Americans new definition that would replace the impending deadlines as a temporary,

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stopgap measure to prevent the technologies and approaches that allow issues, the DC Circuit issued an order unnecessary expenditure of resources us to provide for an environmentally remanding with vacatur to the EPA until it completes reconsideration of the sustainable future more efficiently and specific provisions of the rule for further 2015 rule. Thus, the Administrator effectively. consideration, and remanding without signed a final rule on September 9, 2017 Coal Combustion Residuals (CCR) vacatur other issues. The EPA will postponing the earliest compliance Review. On April 17, 2015, the EPA consider the provisions remanded by dates for the BAT effluent limitations promulgated a final rule that establishes the DC Circuit, as well as the issues and PSES for bottom ash transport water minimum national criteria under raised in the 2017 petition and other and FGD wastewater in the 2015 Rule, subtitle D of the Resource Conservation implementation issues subsequently from November 1, 2018 to November 1, and Recovery Act (RCRA) for Coal raised by stakeholders. 2020. This rule also withdraws EPA’s Combustion Residuals (CCR) landfills Reconsideration of the Accidental notification of Postponement of Certain and surface impoundments at active Release Prevention Regulations Under Compliance Dates under Section 705 of coal fired power plants. The rule Clean Air Act. Both EPA and the the Administrative Procedures Act that regulates surface impoundments and Occupational Safety & Health was published on April 25, 2017. landfills that are actively accruing CCR, Administration (OSHA) issued National Primary Drinking Water inactive surface impoundments still regulations, as required by the Clean Air Regulations for Lead and Copper. The containing CCRs, and water both at Act Amendments of 1990, in response Lead and Copper Rule (LCR) reduces operating power plants actively burning to a number of catastrophic chemical risks to drinking water consumers from coal and those that burned coal in the accidents occurring worldwide that had lead and copper that can enter drinking past but have transitioned to use of an resulted in public and worker fatalities water as a result of corrosion of alternate fuel source. The requirements and injuries, environmental damage, plumbing materials. The LCR requires of the rule included: Location and other community impacts. OSHA water systems to sample at taps in restrictions (floodplains, wetlands, published the Process Safety homes with leaded plumbing materials. unstable areas, etc.); design criteria Management (PSM) standard (29 CFR Depending upon the sampling results, (liners, structural integrity criteria); part 1910.119) in 1992. EPA modeled water systems must take actions to operating criteria (e.g., run-on and the Risk Management Program (RMP) reduce exposure to lead and copper runoff controls, inspections, fugitive regulation after OSHA’s PSM standard including corrosion control treatment, dust controls); groundwater monitoring and published the RMP rule in two public education, and lead service line and corrective action; closure and post- stages—a list of regulated substances replacement. The LCR was promulgated closure care (e.g., final cover systems, 30 and threshold quantities in 1994; and in 1991 and, overall, has been effective years of groundwater monitoring); and the RMP final regulation, containing in reducing the levels of lead and recordkeeping. At the time the final CCR risk management requirements, in 1996. copper in drinking water systems across rule was issued under subtitle D of Both the OSHA PSM standard and the the country. However, lead crises in RCRA, the EPA did not have the EPA RMP regulation aim to prevent, or Washington, DC, and in Flint, Michigan, authority to enforce these criteria nor minimize the consequences of, and the subsequent national attention was the EPA authorized to approve state accidental chemical releases to workers focused on lead in drinking water in permit programs, as is the case for and the community. other communities have underscored municipal solid waste landfills. Instead, On January 13, 2017, the EPA significant challenges in the the requirements of the CCR rule are amended the RMP regulations in order implementation of the current rule, directly applicable to owner/operators to (1) reduce the likelihood and severity including a rule structure that, for many of facilities where disposal units are of accidental releases, (2) improve systems, only compels protective located and can be enforced via citizen emergency response when those actions after public health threats have suit or under the ‘‘imminent and releases occur, and (3) enhance State been identified. Key challenges include substantial danger’’ authority of RCRA and local emergency preparedness and the rule’s complexity; the degree of section 7002. Owner/operators are response in an effort to mitigate the flexibility and discretion it affords required under the rule to place effects of accidents. systems and primacy states with regard notifications in their operating record, Having considered the objections to to optimization of corrosion control on their website, and in some instances the RMP Amendments rule raised in treatment; compliance sampling provide notice to the directors of various petitions, the EPA subsequently practices, which in some cases, may not appropriate State agencies documenting delayed the effective date of the RMP adequately protect from lead exposure; the measures taken to comply with the Amendments rule to February 19, 2019, and limited specific focus on key areas rule. in order to give the EPA time to of concern such as schools. There is a The 2015 CCR Rule does not make a reconsider the rule. Prior to the rule compelling need to modernize and final Bevill regulatory determination as becoming effective, the EPA plans to strengthen implementation of the rule— to whether CCRs warrant regulation as take comment on specific issues to be to strengthen its public health a hazardous waste under subtitle C of reconsidered and consider possible protections and to clarify its RCRA, but instead defers a final regulatory actions to revise the RMP implementation requirements to make it regulatory determination until the EPA amendments. more effective and more readily has more information on specific Hazardous and Solid Waste enforceable. EPA is evaluating the costs matters influencing the risks posed by Management System: Disposal of Coal and benefits of the potential revisions CCRs. Combustion Residues from Electric and assessing whether the benefits Subsequent to the promulgation of the Utilities: Remand Rule. The EPA is justify the costs. 2015 CCR Rule, various environmental planning to modify the final rule on the and industry groups submitted to the disposal of Coal Combustion Residuals Cleaning Up Communities and DC Circuit seven separate petitions for (CCR) as solid waste under subtitle D of Advancing Sustainable Development review, which were consolidated into a the Resource Conservation and EPA’s regulatory program recognizes single action. On June 16, 2016, in Recovery Act issued on April 17, 2015 the progress in environmental response to the EPA’s unopposed (80 FR 21302). As a result of a protection and incorporates new motion for voluntary remand of certain settlement agreement on this final rule,

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the EPA is addressing specific technical law. These documents identify what regulations that may be appropriate for issues remanded by the court. Further, uses of the chemicals will be evaluated repeal, replacement, or modification in the Water Infrastructure Improvements and how the risk evaluation will be keeping with Executive Order 13777, for the Nation Act of 2016 established conducted. In FY 2018, EPA will entitled ‘‘Enforcing the Regulatory new statutory provisions applicable to publish and take public comment on Reform Agenda.’’ EPA also held a public CCR units, including authorizing States Problem Formulation documents which meeting of the Pesticide Program to implement the CCR rule through an will refine the current scope of the risk Dialogue Committee in May 2017 that EPA-approved permit program and evaluations prior to publication the included session specifically devoted to authorizing the EPA to enforce the rule. draft risk evaluations in FY 2019. receiving public feedback on potential The EPA is considering amending EPA is also now required to pesticide regulatory reform certain performance standards in the systematically prioritize and evaluate opportunities for EPA’s Regulatory CCR rule to offer additional flexibility to chemicals on a specific and enforceable Reform Task Force to consider. State permitting authorities with schedule. Within a few years, EPA’s Although many commenters expressed approved programs. chemicals program will have to assess at their support for EPA’s pesticide safety Clean Water Act Hazardous least 20 chemicals at a time, beginning regulations, EPA also received Substances Spill Prevention. As a result another chemical review as soon as one comments that suggested specific of a consent decree, the EPA is pursuing is completed. In June 2017, EPA changes to the January 4, 2017, a rulemaking for the prevention of promulgated final framework Certification of Pesticide Applicators hazardous substance discharges under regulations addressing the procedures final rule (amending the requirements at the Clean Water Act (CWA). The CWA that EPA will employ to prioritize 40 CFR 171) and to the November 2, hazardous substances and their chemicals under TSCA for risk 2015, Worker Protection Standard final associated reportable quantities (RQs) evaluation, as well as the procedures rule (which amended the regulations at are identified in 40 CFR parts 116 and that EPA will follow to evaluate the 40 CFR 170). EPA expects to publish 117, respectively. The EPA will assess risks of chemicals procedures. EPA also separate Notices of Proposed the consequences of hazardous promulgated a final rule, per statutory Rulemaking in FY 2018 to solicit public substance discharges into the Nation’s requirements, to require chemical input on revisions to these rules. waters, and evaluate the costs and manufacturers to report on TSCA benefits of potential preventive chemicals they have manufactured Annual Regulatory Costs (including imported) within the past 10 regulatory requirements for facilities Section 3 of Executive Order 13771 years. Although the framework handling such substances. (82 FR 9339, February 3, 2017) calls on regulations did not formally establish an Ensuring the Safety of Chemicals and agencies to ‘‘identify for each regulation approach to identify how chemicals will Preventing Pollution that increases incremental cost, the be selected as candidates for low- or offsetting regulations . . . and provide EPA acts under several different high-priority designation, EPA will the agency’s best approximation of the statutory authorities, including the initiate a stakeholder process in FY total costs or savings associated with Federal Insecticide, Fungicide and 2018 with the objective of identifying each new regulation or repealed Rodenticide Act (FIFRA), the Federal approaches for bringing TSCA regulation.’’ Each action in EPA’s fall Food, Drug and Cosmetic Act (FFDCA), chemicals into the prioritization 2017 Regulatory Plan and Semiannual the Toxic Substances Control Act process. EPA will subsequently Regulatory Agenda contains information (TSCA), the Emergency Planning and determine whether to amend the about whether an action is anticipated Community Right-to-Know-Act procedural regulations in consideration to be ‘‘regulatory’’ or ‘‘deregulatory’’ in (EPCRA), and the Pollution Prevention of the information obtained during the fulfilling this executive directive. Based Act (PPA) to protect individuals, stakeholder process. families, and the environment from The new law also authorizes EPA on current schedules and expectations potential risks of pesticides and other cover a portion of its annual TSCA regarding whether or not regulatory chemicals. Using sound science as a program costs by collecting user fees actions are subject to Executive Order compass, the Agency will continue to from chemical manufacturers and 12866 and hence Executive Order satisfy its overall directives under these processors when they: Submit test data 13771, in fiscal year 2018, EPA is authorities and highlights the following for EPA review, submit a planning on finalizing over 30 efforts underway in FY 2018: premanufacture notice for a new deregulatory actions and fewer than 10 Frank R. Lautenberg Chemical Safety chemical or a notice of new use, regulatory actions. EPA expects the for the 21st Century Act manufacture or process a chemical combined cost savings of its planned Implementation. Enacted on June 22, substance that is the subject of a risk deregulatory actions to far outweigh the 2016, the Frank R. Lautenberg Chemical evaluation, or request that EPA conduct costs of its planned regulatory actions. Safety for the 21st Century Act amended a chemical risk evaluation. The proposal Rules Expected To Affect Small Entities TSCA with immediate effect. The and finalization of a fees rule is an EPA Agency is working aggressively to carry priority in FY 2018. By better coordinating small business out the requirements of the new law. Finally, the new law requires EPA to activities, EPA aims to improve its Among other things, EPA is now promulgate by June 22, 2018 a final rule technical assistance and outreach required to evaluate existing chemicals that establishes reporting requirements efforts, minimize burdens to small purely on the basis of the health risks to facilitate the update of the inventory businesses in its regulations, and they pose—including risks to vulnerable of the supply, trade, and use of mercury simplify small businesses’ participation groups and to workers who may use in the United States. EPA will issue a in its voluntary programs. Actions that chemicals daily as part of their jobs. If proposed rule in early FY 2018 and may affect small entities can be tracked unreasonable risks are found, EPA must promulgate the final rule on or before on EPA’s Regulatory Flexibility website then take steps to eliminate these risks. the statutory deadline. (https://www.epa.gov/reg-flex) at any In June 2017, EPA released scope Reconsideration of Pesticide Safety time. This Plan includes the following documents for the initial ten chemicals Requirements. In FY 2017, EPA rules that may be of particular interest for risk evaluation under the amended solicited comments this spring on to small entities:

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Regulatory Rulemaking title Identifier No. (RIN)

Financial Responsibility Requirements under CERCLA Section 108(b) for Classes of Facilities in the Hard Rock Mining Indus- 2050–AG61 try. National Primary Drinking Water Regulations for Lead and Copper: Regulatory Revisions ...... 2040–AF15

EPA—OFFICE OF AIR AND RADIATION Statement of Need: The EPA has Energy Effects: Statement of Energy (OAR) conducted its initial review of the CPP, Effects planned as required by Executive as directed by Executive Order 13783, Order 13211. Prerule Stage and has concluded that ‘‘suspension, Agency Contact: Nick Hutson, 103. • State Guidelines for Greenhouse revision, or rescission of [the CPP] may Environmental Protection Agency, Gas Emissions From Existing Electric be appropriate’’ on the basis of the Office of Air and Radiation, D243–01, Utility Generating Units agency’s proposed reinterpretation of Research Triangle Park, NC 27711, Priority: Other Significant. the statutory provisions underlying the Phone: 919 541–2968, Fax: 919 541– E.O. 13771 Designation: Regulatory. CPP. In light of the EPA’s proposed 4991, Email: [email protected]. Legal Authority: 42 U.S.C. 7411 Clean repeal of the CPP, the agency will issue Steve Fruh, Environmental Protection Air Act an advanced notice of proposed Agency, Office of Air and Radiation, 109 CFR Citation: 40 CFR 60. rulemaking providing notice that the T.W. Alexander Drive, Mail Code D243– Legal Deadline: None. agency is considering whether it is 01, Research Triangle Park, NC 27711, Abstract: The Clean Power Plan appropriate to propose a replacement Phone: 919 541–2837, Fax: 919 541– (CPP), 80 FR 64662 (October 23, 2015), rule similarly intended to reduce carbon 4991, Email: [email protected]. was promulgated under section 111 of dioxide emissions from existing fossil- RIN: 2060–AT67 the Clean Air Act. 42 U.S.C. 7411. Due fueled electric generating units and will to concerns about the EPA’s legal solicit information on the development authority and record, 27 states and a of such a proposal. The EPA will fully EPA—OAR number of other parties sought judicial consider all submitted information review of the CPP in the D.C. Circuit. before initiating a rulemaking effort. Proposed Rule Stage State of West Virginia v. EPA, No. 15– Summary of Legal Basis: CAA section 1363 (and consolidated cases) (D.C. 104. Oil and Natural Gas Sector: 111, 42 U.S.C. 7411, provides the legal Emission Standards for New, Cir.). On February 9, 2016, the Supreme framework and basis for a potential Court stayed implementation of the CPP Reconstructed, and Modified Sources replacement rule that the Agency is Reconsideration pending judicial review. Following full considering developing. merits briefing, oral argument was held Priority: Economically Significant. Alternatives: Not yet determined. If before the D.C. Circuit, sitting en banc, Major status under 5 U.S.C. 801 is the EPA determines, based on responses on September 27, 2016. That case is undetermined. to the ANPRM, that it should undertake currently pending in the D.C. Circuit. Unfunded Mandates: Undetermined. On March 28, 2017, President Trump a rulemaking for a replacement for the E.O. 13771 Designation: Deregulatory. issued Executive Order 13783 CPP, then the Agency will consider Legal Authority: 42 U.S.C. 7411 Clean establishing a national policy in favor of alternatives as it develops a proposed Air Act energy independence, economic growth rule. CFR Citation: 40 CFR 60. and the rule of law. The Executive Anticipated Cost and Benefits: Not yet Legal Deadline: None. Order specifically directed the EPA to determined. If the EPA determines, Abstract: On June 3, 2016, the review and, if appropriate, initiate based on responses to the ANPRM, that Environmental Protection Agency (EPA) reconsideration proceedings to suspend, it should undertake a rulemaking for a finalized ‘‘Oil and Natural Gas Sector: revise or rescind the CPP. The EPA has replacement for the CPP, then the Emission Standards for New, now conducted its review of the CPP, as Agency will assess the costs and Reconstructed, and Modified Sources’’ directed by the Executive Order, and benefits as it develops a proposed rule. (2016 OOOOa rule). The EPA received has concluded that ‘‘suspension, Risks: Not yet determined. If the EPA five petitions for reconsideration on the revision, or rescission of [the CPP] may determines, based on responses to the 2016 OOOOa rule. By a letter dated be appropriate’’ on the basis of the ANPRM, that it should undertake a April 18, 2017, the Administrator agency’s reinterpretation of the statutory rulemaking for a replacement for the announced the convening of a provisions underlying the CPP. On CPP, then the Agency will assess the proceeding for reconsideration of the October 10, 2017, the Administrator risks to the extent feasible as it develops fugitive emission requirements at well signed a Federal Register notice a proposed rule. sites and compressor station sites in the proposing to repeal the CPP. In light of Timetable: 2016 OOOOa rule. On June 5, 2017, the that proposed repeal, the EPA will be EPA granted reconsideration of signing, in the near future, an advanced Action Date FR Cite additional requirements in that rule, notice of proposed rulemaking that will specifically the well site pneumatic solicit information on systems of ANPRM ...... 11/00/17 pumps standards and the certification of emission reduction and provide notice NPRM ...... 06/00/18 closed vent system design and capacity of the agency’s interest in developing a by a professional engineer. This action rule similarly intended to reduce carbon Regulatory Flexibility Analysis is the reconsideration proposal. dioxide emissions from existing fossil- Required: No. Statement of Need: On June 3, 2016, fueled electric utility generating units Small Entities Affected: No. the Environmental Protection Agency and to solicit information for the agency Government Levels Affected: Federal, (EPA) finalized the ‘‘Oil and Natural Gas to consider in developing such a rule. State, Tribal. Sector: Emission Standards for New,

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Reconstructed, and Modified Sources’’ Crude Oil; 486210 Pipeline comments suggesting specific changes (2016 OOOOa rule). The EPA received Transportation of Natural Gas. to the final rule to amend the five petitions for reconsideration on the Agency Contact: Amy Hambrick, Certification of Pesticide Applicators 2016 OOOOa rule. By a letter dated Environmental Protection Agency, regulations at 40 CFR 171 (published on April 18, 2017, the Administrator Office of Air and Radiation, 109 T.W. January 4, 2017 (82 FR 952)) and are announced the convening of a Alexander Drive, Mail Code E143–05, being considered within the Regulatory proceeding for reconsideration of the Research Triangle Park, NC 27711, Agenda efforts. In consideration of these fugitive emission requirements at well Phone: 919 541–0964, Fax: 919 541– comments, EPA will solicit public input sites and compressor station sites in the 0516, Email: [email protected]. on revisions to the rule. 2016 OOOOa rule. On June 5, 2017, the Lisa Thompson, Environmental Summary of Legal Basis: 7 U.S.C. 136 EPA granted reconsideration of Protection Agency, Office of Air and to 136y of the Federal Insecticide additional requirements in that rule, Radiation, 109 T.W. Alexander Drive, Fungicide and Rodenticide Act. specifically the well site pneumatic Mail Code E143–05, Research Triangle Alternatives: Not yet determined. EPA pumps standards and the certification of Park, NC 27711, Phone: 919 541–9775, will consider alternatives as it develops closed vent system design and capacity Email: [email protected]. the proposed rule. by a professional engineer. This action RIN: 2060–AT54 Anticipated Cost and Benefits: Not yet is the reconsideration proposal. This determined. EPA will assess the costs proposal will solicit comments and/or and benefits of the potential regulatory information from the public regarding EPA—OFFICE OF CHEMICAL SAFETY changes as it develops the proposed the Agency’s proposed requirements AND POLLUTION PREVENTION rule. and options under consideration. The (OCSPP) Risks: Not yet determined. EPA will reconsidered rule is anticipated to evaluate risks to the extent feasible as it streamline certain areas of the rule in an Proposed Rule Stage develops the proposed rule. Timetable: effort to reduce burden and improve 105. Pesticides; Certification of implementation. Pesticide Applicators Rule; Action Date FR Cite Summary of Legal Basis: The Reconsideration of the Minimum Age reconsideration of the 2016 OOOOa rule Requirements NPRM ...... 09/00/18 is an exercise of the EPA’s authority under section 307(d)(7)(B) and section Priority: Other Significant. Major status under 5 U.S.C. 801 is Regulatory Flexibility Analysis 301(a) of the Clean Air Act. Required: Undetermined. Alternatives: For the 2016 OOOOa undetermined. Unfunded Mandates: Undetermined. Government Levels Affected: Federal, reconsideration proposal, we anticipate Local, State, Tribal. soliciting comment on a number of E.O. 13771 Designation: Other. Legal Authority: 7 U.S.C. 136 et seq. Federalism: Undetermined. provisions for which we plan to provide Federal Insecticide Fungicide and Additional Information: Docket alternatives, including the potential for Rodenticide Act #:TBD. TBD. alternatives to certification of closed CFR Citation: 40 CFR 171. Sectors Affected: 924110 vent system design capacity by a Legal Deadline: None. Administration of Air and Water professional engineer and the potential Abstract: EPA promulgated a final Resource and Solid Waste Management for alternatives and improved criteria rule to amend the Certification of Programs; 111 Crop Production; 561710 for the alternative means of emissions Pesticide Applicators regulations at 40 Exterminating and Pest Control limitation pathway for affected facilities CFR 171 on January 4, 2017 (82 FR 952). Services; 424910 Farm Supplies to use emerging technologies or existing On June 2, 2017, EPA delayed the Merchant Wholesalers; 561730 state or local programs to comply with effective date of this final rule (82 FR Landscaping Services; 111421 Nursery the rule. 25529) and initiated reconsideration and Tree Production; 444220 Nursery, Anticipated Cost and Benefits: This proceedings in accordance with the Garden Center, and Farm Supply Stores; reconsideration is anticipated to be an Presidential directives as expressed in 424690 Other Chemical and Allied economically significant action and will the memorandum of January 20, 2017, Products Merchant Wholesalers; 541690 become effective 60 days following from the Assistant to the President and Other Scientific and Technical promulgation. This reconsideration is Chief of Staff, entitled ‘‘Regulatory Consulting Services; 325320 Pesticide anticipated to address controversial Freeze Pending Review,’’ and the and Other Agricultural Chemical technical and legal issues. principles identified in Executive Order Manufacturing; 926140 Regulation of Risks: We do not anticipate any risks 13790, entitled ‘‘Promoting Agriculture Agricultural Marketing and to health related to this action. and Rural Prosperity in America.’’ In Commodities; 541712 Research and Timetable: addition, per Executive Order 13777, Development in the Physical, Action Date FR Cite EPA solicited comments this spring on Engineering, and Life Sciences (except regulations that may be appropriate for Biotechnology); 115112 Soil NPRM ...... 08/00/18 repeal, replacement or modification as Preparation, Planting, and Cultivating; Final Rule ...... 09/00/19 part of the Regulatory Reform Agenda 115210 Support Activities for Animal efforts. EPA received comments specific Production; 115310 Support Activities Regulatory Flexibility Analysis to the certification rule. In consideration for Forestry; 321114 Wood Preservation. Required: Undetermined. of these comments, EPA will solicit URL For More Information: https:// Government Levels Affected: public input on revisions to the rule. www.epa.gov/pesticide-worker-safety. Undetermined. Statement of Need: Per Executive URL For Public Comments: TBD. Sectors Affected: 211111 Crude Order 13777, EPA solicited comments Agency Contact: Kevin Keaney, Petroleum and Natural Gas Extraction; this spring on regulations that may be Environmental Protection Agency, 221210 Natural Gas Distribution; appropriate for repeal, replacement or Office of Chemical Safety and Pollution 211112 Natural Gas Liquid Extraction; modification as part of the Regulatory Prevention, 1200 Pennsylvania Avenue 486110 Pipeline Transportation of Reform Agenda efforts. EPA received NW, Mail Code 7506P, Washington, DC

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20460, Phone: 703 305–7666, Email: Action Date FR Cite Legal Deadline: NPRM, Judicial, June [email protected]. 16, 2018, Sign by no later than June 16, Related RIN: Related to 2070–AJ20 NPRM ...... 09/00/18 2018 & within 15 days thereafter RIN: 2070–AK37 transmit to the Federal Register. Regulatory Flexibility Analysis Final, Judicial, August 29, 2019, Sign Required: Undetermined. by no later than 14 months after Government Levels Affected: State, EPA—OCSPP publication of NPRM (currently Tribal. tentative August 29, 2019) and within 106. • Pesticides; Agricultural Worker Federalism: Undetermined. 15 days transmit to FR. Protection Standard; Reconsideration Additional Information: Docket Abstract: As a result of a consent of Several Requirements #:TBD. None. decree, the EPA is embarking on a Sectors Affected: 111 Crop rulemaking for the prevention of Priority: Other Significant. Major Production; 813312 Environment, status under 5 U.S.C. 801 is hazardous substance discharges under Conservation and Wildlife section 311(j)(1)(C) of the Clean Water undetermined. Organizations; 115115 Farm Labor Unfunded Mandates: Undetermined. Act (CWA). Section 311(j)(1)(C) reads, in Contractors and Crew Leaders; 113210 part: ‘‘. . . as soon as practicable after E.O. 13771 Designation: Other. Forest Nurseries and Gathering of Forest Legal Authority: 7 U.S.C. 136 to 136y October 18, 1972, and from time to time Products; 813311 Human Rights thereafter, the President shall issue Federal Insecticide Fungicide and Organizations; 813930 Labor Unions Rodenticide Act regulations . . . establishing and Similar Labor Organizations; procedures, methods, and equipment CFR Citation: 40 CFR 170. 111421 Nursery and Tree Production; Legal Deadline: None. and other requirements for equipment to 541690 Other Scientific and Technical prevent discharges of . . . hazardous Abstract: EPA published a final rule Consulting Services; 813319 Other to amend the Worker Protection substances from . . . onshore facilities Social Advocacy Organizations; 325320 . . . and to contain such discharges Standard (WPS) regulations at 40 CFR Pesticide and Other Agricultural 170 on November 2, 2015 (80 FR 67496). . . .’’ The CWA hazardous substances Chemical Manufacturing; 115114 and their associated reportable Per Executive Order 13777, EPA Postharvest Crop Activities (except solicited comments this spring on quantities (RQs) are identified in 40 CFR Cotton Ginning); 541712 Research and parts 116 and 117, respectively. The regulations that may be appropriate for Development in the Physical, repeal, replacement or modification as EPA will assess the consequences of Engineering, and Life Sciences (except hazardous substance discharges into the part of the Regulatory Reform Agenda Biotechnology); 115112 Soil efforts. EPA received comments nation’s waters, and evaluate the costs Preparation, Planting, and Cultivating; and benefits of potential preventive suggesting specific changes to the 2015- 11511 Support Activities for Crop revised WPS requirements which are regulatory requirements for facilities Production; 115310 Support Activities handling such substances. being considered within the Regulatory for Forestry; 113110 Timber Tract Statement of Need: Section Agenda efforts. In consideration of those Operations. 311(j)(1)(C) of the Clean Water Act comments, EPA will solicit public input URL For More Information: https:// (CWA) reads, in part: ‘‘. . . as soon as on revisions to the rule. www.epa.gov/pesticide-worker-safety. practicable after October 18, 1972, and Statement of Need: Per Executive URL For Public Comments: TBD. Order 13777, EPA solicited comments Agency Contact: Nancy Fitz, from time to time thereafter, the this spring on regulations that may be Environmental Protection Agency, President shall issue regulations . . . appropriate for repeal, replacement or Office of Chemical Safety and Pollution establishing procedures, methods, and modification as part of the Regulatory Prevention, 1200 Pennsylvania Avenue equipment and other requirements for Reform Agenda efforts. EPA received NW, Mail Code 7506P, Washington, DC equipment to prevent discharges of . . . comments suggesting specific changes 20460, Phone: 703 305–7385, Fax: 703 hazardous substances from . . . onshore to the 2015-revised WPS requirements 308–3259, Email: [email protected]. facilities . . . and to contain such and are being considered within the Ryne Yarger, Environmental discharges . . .’’. Regulatory Agenda efforts. In Protection Agency, Office of Chemical Summary of Legal Basis: In 2015, the consideration of those comments, EPA Safety and Pollution Prevention, 1200 EPA was sued for failure to conduct a will solicit public input on revisions to Pennsylvania Avenue NW, Washington, rulemaking for chemicals under the the rule. DC 20460, Phone: 703 605–1193, Email: CWA 311(j)(1)(C). This litigation was Summary of Legal Basis: 7 U.S.C. 136 [email protected]. settled and a consent decree was file to 136y of the Federal Insecticide RIN: 2070–AK43 with the court in February 2016 Fungicide and Rodenticide Act (Environmental Justice Health Alliance Alternatives: Not yet determined. EPA for Chemical Policy Reform v. U.S. will consider alternatives as it develops EPA). The EPA is conducting this the proposed rule. EPA—OFFICE OF LAND AND rulemaking in accordance with the Anticipated Cost and Benefits: Not yet EMERGENCY MANAGEMENT (OLEM) consent decree and intends to issue a determined. If EPA determines that the Proposed Rule Stage proposed rule by June 2018. existing rule should be amended based Alternatives: The EPA is in the on responses to the ANPRM, EPA will 107. Clean Water Act Hazardous process of evaluating options and assess the costs and benefits of the Substances Spill Prevention alternatives to fulfill its obligations potential regulatory changes as it Priority: Other Significant. Major under the CWA 311(j)(1)(C) and the develops a proposed rule. status under 5 U.S.C. 801 is consent decree. Risks: Not yet determined. EPA will undetermined. Anticipated Cost and Benefits: This assess the costs and benefits of the E.O. 13771 Designation: Regulatory. information is not yet available. potential regulatory changes as it Legal Authority: 33 U.S.C. Risks: This information has yet to be develops the proposed rule. 1321(j)(1)(C) determined. Timetable: CFR Citation: Undetermined. Timetable:

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Action Date FR Cite of non-groundwater releases that would Summary of Legal Basis: As part of require a facility to comply with some the settlement discussed above, the EPA NPRM ...... 06/00/18 or all of the corrective action procedures committed to make best efforts to take Final Rule ...... 09/00/19 set forth in the final CCR rule; and final action on the remaining claims by adding boron to the list of contaminants June 14, 2019. Regulatory Flexibility Analysis in Appendix IV of the final CCR rule Alternatives: According to the terms Required: Undetermined. that trigger the corrective action of the settlement agreement discussed Government Levels Affected: Federal, requirements under the final rule. These above, the Agency must provide public Local, State, Tribal. proposed changes would address notice and opportunity for comment on Federalism: Undetermined. specific technical issues consistent with these issues. Each of these settlement- Sectors Affected: 72 Accommodation a settlement agreement to resolve issues related amendments is fairly narrow in and Food Services; 924 Administration raised in litigation of the final CCR rule. scope and we have not identified any of Environmental Quality Programs; 56 Further, the Agency is considering significant alternatives for analysis. Administrative and Support and Waste provisions that establish alternative Regarding other potential amendments, Management and Remediation Services; performance standards for owners and one alternative would be not to include 312 Beverage and Tobacco Product operators of CCR units located in states these additional issues in the CCR Manufacturing; 325 Chemical that have approved CCR permit Remand proposal since they are not Manufacturing; 111 Crop Production; 61 programs, as well as other potential subject to a deadline. Educational Services; 311 Food revisions based on comments received Anticipated Cost and Benefits: Manufacturing; 316 Leather and Allied since the date of the final CCR rule and Although cost and benefit estimates are Product Manufacturing; 423 Merchant petitions for rulemaking that were not available at this time, it is possible Wholesalers, Durable Goods; 424 granted on September 13, 2017. to speak to the general impact of the Merchant Wholesalers, Nondurable proposed rule amendments on regulated Goods; 212 Mining (except Oil and Gas); Statement of Need: On April 17, 2015, the EPA finalized national regulations to entities. The general impact of the rule 327 Nonmetallic Mineral Product should be considered in relation to the Manufacturing; 211 Oil and Gas regulate the disposal of Coal Combustion Residuals (CCR) as solid 2015 CCR final rule, which it would Extraction; 322 Paper Manufacturing; amend. Considered in that way, all but 324 Petroleum and Coal Products waste under subtitle D of the Resource Conservation and Recovery Act (RCRA) one of the settlement-related Manufacturing; 326 Plastics and Rubber amendments would result in cost Products Manufacturing; 54 (2015 CCR final rule). The rule was challenged by several different parties, savings to regulated entities. The Professional, Scientific, and Technical impacts of one settlement-related Services; 44–45 Retail Trade; 115 including a coalition of regulated entities and a coalition of public interest amendment are already included in the Support Activities for Agriculture and analysis of the 2015 CCR final rule’s Forestry; 313 Textile Mills; 48–49 environmental organizations. Several of the claims, a subset of the provisions costs and benefits, and thus will not Transportation and Warehousing; 221 result in a change. Regarding the WIIN Utilities; 493 Warehousing and Storage; challenged by the industry and environmental petitioners, were settled. Act implementation issues, the 321 Wood Product Manufacturing. proposed amendments are estimated to Agency Contact: Stacey Yonce, As part of that settlement, on April 18, result in efficiencies in the Environmental Protection Agency, 2016, the EPA requested the court to implementation of the CCR rule, which Office of Land and Emergency remand these claims back to the would lead to additional cost savings. Management, 1200 Pennsylvania Agency. On June 16, 2016, the United Risks: As compared with the risks to Avenue NW, Mail Code 5104A, States Court of Appeals for the District human health and the environment that Washington, DC 20460, Phone: 202 564– of Columbia Circuit granted the EPA’s were presented in the 2015 CCR final 2288, Email: [email protected]. motion. One claim was the subject of a RIN: 2050–AG87 rulemaking completed on August 5, rule, the proposed amendments 2016 (81 FR 51802). This proposed rule discussed in this action are not expected includes the remaining claims that were to impact the overall conclusions in the remanded back to the EPA. 2015 final rule. As a result, the Agency EPA—OLEM In addition, in December 2016, the believes these amendments, if finalized 108. Hazardous and Solid Waste Water Infrastructure Improvements for as proposed, would be protective of Management System: Disposal of Coal the Nation (WIIN) Act established new human health and the environment. Combustion Residues From Electric statutory provisions applicable to CCR Timetable: Utilities: Remand Rule units, including authorizing states to Action Date FR Cite Priority: Other Significant. implement the CCR rule through an E.O. 13771 Designation: Deregulatory. EPA-approved permit program and NPRM ...... 01/00/18 Legal Authority: 42 U.S.C. 6906 and authorizing the EPA to enforce the rule. Final Rule ...... 06/00/19 6907; 42 U.S.C. 6912(a); 42 U.S.C. 6944; On September 13, 2017, EPA granted 42 U.S.C. 6945(c) separate petitions for rulemaking Regulatory Flexibility Analysis CFR Citation: 40 CFR 257. submitted by the Utilities Solid Waste Required: Undetermined. Legal Deadline: Final, Judicial, June Activities group and AEP Puerto Rico Government Levels Affected: Local, 14, 2019, Issue a final rule 3 years after LP. In light of the legislation and State. settlement agreement date (6/14/2016). petitions for rulemaking, the EPA is Federalism: Undetermined. Abstract: The EPA is publishing a considering making additional changes Sectors Affected: 221112 Fossil Fuel proposed rule to modify the final Coal to the CCR rule to provide as much Electric Power Generation. Combustion Residuals (CCR) Disposal flexibility to the state programs as Agency Contact: Mary Jackson, Rule, published April 17, 2015. Issues possible, consistent with the WIIN Act. Environmental Protection Agency, covered by this proposal will include The rulemaking also includes proposed Office of Land and Emergency the height limitation of the vegetative amendments related to implementation Management, 1200 Pennsylvania slopes of dikes; the type and magnitude of the WIIN Act. Avenue NW, Mail Code 5304P,

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Washington, DC 20460, Phone: 703 308– received a third petition for Promoting Energy Independence and 8453, Email: [email protected]. reconsideration and stay from the State Economic Growth). If EPA were to Alexander Livnat, Environmental of Louisiana, joined by Arizona, finalize modifications resulting in Protection Agency, Office of Land and Arkansas, Florida, Kansas, Kentucky, regulatory reduction consistent with Emergency Management, 1200 Oklahoma, South Carolina, Texas, these Executive orders, the Pennsylvania Avenue NW, Mail Code Wisconsin, and West Virginia. The reconsideration rule could result in a 5304P, Washington, DC 20460, Phone: petitions from CSAG and the 11 states burden reduction of some or all of the 703 308–7251, Fax: 703 605–0595, also requested that the EPA delay the total costs associated with the RMP Email: [email protected]. various compliance dates of the RMP Amendments final rule (i.e., up to RIN: 2050–AG88 Amendments. Having considered the $131.2 million annualized, 3 percent objections raised in these petitions, the discount rate and $131.8 million Administrator determined that the annualized, 7 percent discount rate). criteria for reconsideration have been EPA—OLEM Risks: The RMP rule addresses risks met for at least one of the objections. from accidental air releases of chemicals 109. • Accidental Release Prevention The EPA subsequently published that could cause acute harm to human Requirements: Risk Management proposed and final rules to delay the health and the environment. According Programs Under the Clean Air Act; effective date of the RMP Amendments to the EPA’s RMP National Database, Reconsideration of Amendments rule to February 19, 2019, in order to approximately 150 such accidental give the EPA time to conduct a Priority: Other Significant. Major releases occur each year in the U.S. The reconsideration proceeding. Prior to the status under 5 U.S.C. 801 is average annual cost of RMP accidents is RMP Amendment rule becoming undetermined. approximately $275 million. However, effective, the EPA is planning to take Unfunded Mandates: Undetermined. this monetized value of accident comment on specific issues to be E.O. 13771 Designation: Deregulatory. impacts omits many important reconsidered and considering possible Legal Authority: 42 U.S.C. 7412(r) categories of accident impacts including regulatory actions to revise the RMP CFR Citation: 40 CFR 68. lost productivity, the costs of emergency amendments. Legal Deadline: None. response, transaction costs, property Summary of Legal Basis: The CAA value impacts in the surrounding Abstract: The Environmental section 112(r)(7)(A) authorizes the EPA Protection Agency (EPA) published in community, and environmental Administrator to promulgate accidental impacts. the Federal Register on January 13, release prevention, detection, and 2017 a final rule to amend the Risk correction requirements, which may Timetable: Management Program regulations under include monitoring, record keeping, Action Date FR Cite the Clean Air Act. Prior to the rule reporting, training, vapor recovery, becoming effective, the EPA is secondary containment, and other NPRM ...... 04/00/18 considering petitions for design, equipment, work practice, and reconsideration of this final rule; operational requirements. The CAA planning to take comment on specific Regulatory Flexibility Analysis section 112(r)(7)(B) authorizes the Required: Undetermined. issues to be reconsidered and Administrator to promulgate reasonable considering possible regulatory actions Government Levels Affected: regulations and appropriate guidance to Undetermined. to revise the Risk Management Program provide, to the greatest extent Sectors Affected: 325 Chemical amendments. practicable, for the prevention and Statement of Need: On January 13, detection of accidental releases of Manufacturing; 49313 Farm Product 2017, the EPA issued a final rule regulated substances and for response to Warehousing and Storage; 42491 Farm amending 40 CFR part 68, the chemical such releases by the owners or operators Supplies Merchant Wholesalers; 311511 accident prevention provisions under of the sources of such releases. Fluid Milk Manufacturing; 311 Food section 112(r)(7) of the Clean Air Act Alternatives: The EPA will prepare a Manufacturing; 221112 Fossil Fuel (CAA) (42 U.S.C. 7412(r)). The notice of proposed rulemaking that will Electric Power Generation; 311411 amendments addressed various aspects provide the RMP Coalition, CSAG, the Frozen Fruit, Juice, and Vegetable of risk management programs, including states, and the public an opportunity to Manufacturing; 49311 General prevention programs at stationary comment on the issues raised in the Warehousing and Storage; 31152 Ice sources, emergency response petitions that meet the standard of the Cream and Frozen Dessert preparedness requirements, information CAA section 307(d)(7)(B), as well as any Manufacturing; 311612 Meat Processed availability, and various other changes other matter we believe will benefit from Carcasses; 211112 Natural Gas to streamline, clarify, and otherwise from additional comment. Liquid Extraction; 32519 Other Basic technically correct the underlying rules. Anticipated Cost and Benefits: The Organic Chemical Manufacturing; 42469 Collectively, this rulemaking is known RMP Reconsideration rule may result in Other Chemical and Allied Products as the ‘‘Risk Management Program an overall burden reduction. In Merchant Wholesalers; 49319 Other Amendments.’’ In a letter dated reconsidering the RMP Amendments, in Warehousing and Storage; 322 Paper February 28, 2017, a group known as the addition to considering the issues raised Manufacturing; 42471 Petroleum Bulk ‘‘RMP Coalition,’’ submitted a petition by petitioners, EPA must also consider Stations and Terminals; 32411 (‘‘RMP Coalition Petition’’) for the impacts of recent Executive Orders Petroleum Refineries; 311615 Poultry reconsideration of the Risk Management that require agencies to consider options Processing; 49312 Refrigerated Program (RMP) Amendments, as for regulatory reduction and regulatory Warehousing and Storage; 22132 provided for in the CAA section reform (i.e., Executive Order 13771 on Sewage Treatment Facilities; 11511 307(d)(7)(B) (42 U.S.C. 7607(d)(7)(B)). Reducing Regulation and Controlling Support Activities for Crop Production; On March 13, 2017, the Chemical Safety Regulatory Costs of January 30, 2017, 22131 Water Supply and Irrigation Advocacy Group (‘‘CSAG’’) also Executive Order 13777 on Enforcing the Systems. submitted a petition for reconsideration Regulatory Reform Agenda of February URL For More Information: https:// and stay. On March 14, 2017, the EPA 24, 2017, and Executive Order 13783 on www.epa.gov/rmp.

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Agency Contact: Jim Belke, and limited specific focus on key areas primary drinking water regulation. Any Environmental Protection Agency, of concern such as schools. There is a revision of a national primary drinking Office of Land and Emergency compelling need to modernize and water regulation must be promulgated Management, 1200 Pennsylvania strengthen implementation of the rule— in accordance with Section 1412, except Avenue NW, Mail Code 5104A, to strengthen its public health that each revision must maintain, or Washington, DC 20460, Phone: 202 564– protections and to clarify its provide for greater protection of the 8023, Fax: 202 564–8444, Email: implementation requirements to make it health of persons. This rulemaking will [email protected]. more effective and more readily revise EPA’s existing Lead and Copper Kathy Franklin, Environmental enforceable. EPA is evaluating the costs Rule pursuant to Section 1412(b)(9). Protection Agency, Office of Land and and benefits of the potential revisions EPA’s goal for the LCR revisions is to Emergency Management, 1200 and assessing whether the benefits improve the effectiveness of public Pennsylvania Avenue NW, Mail Code justify the costs. health protections while maintaining a 5104A, Washington, DC 20460, Phone: Statement of Need: The Lead and rule that can be implemented in a cost 202 564–7987, Fax: 202 564–2625, Copper Rule (LCR) reduces risks to effective manner by the 68,000 drinking Email: [email protected]. drinking water consumers from lead and water systems that are covered by the RIN: 2050–AG95 copper that can enter drinking water as rule. a result of corrosion of plumbing Alternatives: TBD. materials. The LCR requires water Anticipated Cost and Benefits: TBD. systems to sample at taps in homes with EPA—OFFICE OF WATER (OW) Risks: Lead can cause serious health leaded plumbing materials. Depending problems if too much enters your body Proposed Rule Stage upon the sampling results, water from drinking water or other sources. It systems must take actions to reduce can cause damage to the brain and 110. National Primary Drinking Water exposure to lead and copper including kidneys, and can interfere with the Regulations for Lead and Copper: corrosion control treatment, public production of red blood cells that carry Regulatory Revisions education and lead service line oxygen to all parts of your body. The Priority: Economically Significant. replacement. The LCR was promulgated greatest risk of lead exposure is to Major status under 5 U.S.C. 801 is in 1991 and, overall, has been effective infants, young children, and pregnant undetermined. in reducing the levels of lead and women. Scientists have linked the Unfunded Mandates: Undetermined. copper in drinking water systems across effects of lead on the brain with lowered E.O. 13771 Designation: Regulatory. the country. However, lead crises in IQ in children. Adults with kidney Legal Authority: 42 U.S.C. 300f et seq. Washington, DC, and in Flint, Michigan, Safe Drinking Water Act and the subsequent national attention problems and high blood pressure can CFR Citation: 40 CFR 141; 40 CFR focused on lead in drinking water in be affected by low levels of lead more 142. other communities, have underscored than healthy adults. Lead is stored in Legal Deadline: None. significant challenges in the the bones, and it can be released later Abstract: The Lead and Copper Rule implementation of the current rule, in life. During pregnancy, the child (LCR) reduces risks to drinking water including a rule structure that, for many receives lead from the mother’s bones, consumers from lead and copper that systems, only compels protective which may affect brain development. can enter drinking water as a result of actions after public health threats have Timetable: corrosion of plumbing materials. The been identified. Key challenges include LCR requires water systems to sample at the rule’s complexity; the degree of Action Date FR Cite taps in homes with leaded plumbing flexibility and discretion it affords materials. Depending upon the sampling NPRM ...... 08/00/18 systems and primacy states with regard Final Rule ...... 02/00/20 results, water systems must take actions to optimization of corrosion control to reduce exposure to lead and copper treatment; compliance sampling including corrosion control treatment, Regulatory Flexibility Analysis practices, which in some cases, may not Required: Undetermined. public education and lead service line adequately protect from lead exposure; replacement. The LCR was promulgated Government Levels Affected: and limited specific focus on key areas Undetermined. in 1991 and, overall, has been effective of concern such as schools. There is a Federalism: Undetermined. in reducing the levels of lead and compelling need to modernize and Sectors Affected: 924110 copper in drinking water systems across strengthen implementation of the rule— Administration of Air and Water the country. However, lead crises in to strengthen its public health Washington, DC, and in Flint, Michigan, protections and to clarify its Resource and Solid Waste Management and the subsequent national attention implementation requirements to make it Programs; 221310 Water Supply and focused on lead in drinking water in more effective and more readily Irrigation Systems. other communities, have underscored enforceable. URL For More Information: http:// significant challenges in the Summary of Legal Basis: Section water.epa.gov/lawsregs/rulesregs/sdwa/ implementation of the current rule, 1412(b) of the Safe Drinking Water Act lcr/index.cfm. including a rule structure that, for many (SDWA) (42 U.S.C. 300f et seq.) includes Agency Contact: Jeffrey Kempic, systems, only compels protective a general authority for EPA to establish Environmental Protection Agency, actions after public health threats have maximum contaminant level goals Office of Water, 4607M, Washington, DC been identified. Key challenges include (MCLGs) and national primary drinking 20460, Phone: 202 564–4880, Email: the rule’s complexity; the degree of water regulations (NPDWRs). The first [email protected]. flexibility and discretion it affords NPDWR for Lead and Copper was Lisa Christ, Environmental Protection systems and primacy states with regard issued in 1991 (56 FR 26460, June 7, Agency, Office of Water, 1200 to optimization of corrosion control 1991). Section 1412(b)(9) of the SDWA Pennsylvania Avenue NW, Washington, treatment; compliance sampling (42 U.S.C. 300f et seq.) requires EPA, at DC 20460, Phone: 202 564–8354, Email: practices, which in some cases, may not least every six years, to review and [email protected]. adequately protect from lead exposure; revise, as appropriate, each national RIN: 2040–AF15

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EPA—OW Timetable: standards be finalized by November 30 111. Second Action: Definition of of the year prior to the year in which the Action Date FR Cite ‘Waters of the United States’ standards would apply. In the case of biomass-based diesel, the statute Priority: Other Significant. Major NPRM ...... 05/00/18 requires applicable volumes to be set no status under 5 U.S.C. 801 is Final Rule ...... 06/00/19 later than 14 months prior to the year undetermined. for which the requirements would Regulatory Flexibility Analysis Unfunded Mandates: Undetermined. apply. E.O. 13771 Designation: Deregulatory. Required: Undetermined. Summary of Legal Basis: CAA section Legal Authority: 33 U.S.C. 1251 et seq. Government Levels Affected: Federal, 211(o). CFR Citation: 40 CFR parts 110; 112; Local, State, Tribal. Alternatives: Volume Standards for 116; 117; 122; 230; 232; 300; 302; and Federalism: Undetermined. the Renewable Fuel Standard Program 40. Agency Contact: Donna Downing, were proposed for 2018 and for Biomass Legal Deadline: None. Environmental Protection Agency, Based Diesel for 2019. The Proposal also Abstract: The Environmental Office of Water, 1200 Pennsylvania sought comments on alternative Protection Agency and the Department Avenue NW, Mail Code 4502T, volumes, both lower or higher, than of the Army (‘‘the agencies’’) are Washington, DC 20460, Phone: 202 566– what the Agency proposed. publishing this proposed rule as a 2428, Email: [email protected]. Anticipated Cost and Benefits: Costs second step in a comprehensive, two- Rose Kwok, Environmental Protection and benefits of this rulemaking are step process to revise the definition of Agency, Office of Water, 1200 highly complex given the nature of the ‘‘waters of the United States’’ consistent Pennsylvania Avenue NW, Mail Code program and the standards being with the Executive Order signed on 4502T, Washington, DC 20460, Phone: categorically nested under a total February 28, 2017. This follows the first 202 566–0657, Email: cwawotus@ volume standard. Costs were based on a step which is seeking to recodify the epa.gov number of illustrative assumptions. preexisting definition of ‘‘waters of the RIN: 2040–AF75 Illustrative analyses of the four separate United States.’’ In this second step, the hypothetical scenarios are included in agencies are conducting a substantive the proposed rulemaking. Illustrative re-evaluation and revision of the EPA—OFFICE OF AIR AND RADIATION Costs for the proposed 40 million gallon definition of ‘‘waters of the United (OAR) reduction in the advanced biofuel States’’ in accordance with Executive category ranged from: (1) Soybean Order 13778, Restoring the Rule of Law, Final Rule Stage Biodiesel Scenario—$(45)–$(33) million Federalism, and Economic Growth by 112. Renewable Fuel Volume Standards dollars; Brazilian Sugarcane Ethanol Reviewing the ‘Waters of the United for 2018 and Biomass Based Diesel Scenario—$(61)–(23) million dollars; States’ Rule.’’ Volume (BBD) for 2019 CNG/LNG Biogas Scenario—$(2)—2 Statement of Need: This rulemaking million dollars; Corn Fiber Derived Priority: Economically Significant. action responds to the February 28, Ethanol Scenario—$(70)—$(36) million Major under 5 U.S.C. 801. 2017, Presidential Executive Order Dollars. entitled Restoring the Rule of Law, Unfunded Mandates: This action may Risks: This is a statutory rulemaking. Federalism, and Economic Growth by affect the private sector under PL 104– Environmental assessments are Reviewing the Waters of the United 4. primarily addressed under another States’ Rule. To meet the objectives of E.O. 13771 Designation: Other. section of the CAA (Section 204). Refer the E.O., the EPA and Department of the Legal Authority: 42 U.S.C. 7401 et seq. to last 204 report and/or the original Army (agencies) are engaged in an Clean Air Act RIA under the 2010 rulemaking for expeditious two-step rulemaking CFR Citation: 40 CFR 80. these assessments. process. This action follows the first Legal Deadline: None. Timetable: step which is seeking to recodify the Abstract: The Clean Air Act requires pre-existing definition of waters of the EPA to promulgate regulations that Action Date FR Cite United States. In this second step, the specify the annual volume requirements agencies are conducting a for renewable fuels under the NPRM ...... 07/21/17 82 FR 34206 reconsideration of the definition of Renewable Fuel Standard (RFS) Notice ...... 10/04/17 82 FR 46174 NODA Comment 10/19/17 waters of the United States consistent program. Standards are to be set for four different categories of renewable fuels: Period End. with the Executive Order. Final Rule ...... 12/00/17 Summary of Legal Basis: The rule is cellulosic biofuel, biomass-based diesel, proposed under the Clean Water Act, 33 advanced biofuel, and total renewable Regulatory Flexibility Analysis U.S.C. Section 1251 et seq. fuel. The statute requires that the Required: No. Alternatives: Alternatives have not yet standards be finalized by November 30 Small Entities Affected: No. been developed at this time. The of the year prior to the year in which the Government Levels Affected: None. Executive order. directs the agencies to standards would apply. In the case of International Impacts: This regulatory consider a defining ‘‘waters of the biomass-based diesel, the statute action will be likely to have United States’’ consistent with Justice requires applicable volumes to be set no international trade and investment Scalia’s opinion in Rapanos. later than 14 months prior to the year effects, or otherwise be of international Anticipated Cost and Benefits: An for which the requirements would interest. economic analysis analyzing anticipated apply. Agency Contact: David Korotney, costs and benefits will be developed for Statement of Need: The Clean Air Act Environmental Protection Agency, the rulemaking at the time of proposal. requires EPA to promulgate regulations Office of Air and Radiation, N27, Ann Risks: The agencies will be able to that specify the annual volume Arbor, MI 48105, Phone: 734 214–4507, analyze the risks of the proposed requirements for renewable fuels under Email: [email protected]. rulemaking once policy decisions have the Renewable Fuel Standard (RFS) Paul Argyropoulos, Environmental been made. program. The statute requires that the Protection Agency, Office of Air and

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Radiation, 1200 Pennsylvania Avenue Action Date FR Cite of risk associated with the production, NW, Mail Code 6401A, Washington, DC transportation, treatment, storage, or 20460, Phone: 202 564–1123, Email: NPRM ...... 10/16/17 82 FR 48035 disposal of hazardous substances. The [email protected]. NPRM Comment 12/15/17 Administrator shall establish the level RIN: 2060–AT04 Period End. of financial responsibility to protect Notice ...... 11/08/17 82 FR 51787 against the level of risk that the Final Rule ...... 10/00/18 Administrator in his discretion believes is appropriate based on the payment EPA—OAR Regulatory Flexibility Analysis experience of the Fund, commercial 113. Repeal of Carbon Pollution Required: Undetermined. Government Levels Affected: Federal, insurers, courts settlements and Emission Guidelines for Existing State, Tribal. judgments, and voluntary claims Stationary Sources: Electric Utility Agency Contact: Peter Tsirigotis, satisfactions. Generating Units Environmental Protection Agency, Alternatives: The EPA received public Priority: Economically Significant. Office of Air and Radiation, 109 T.W. comments on the need for final CERCLA Major under 5 U.S.C. 801. Alexander Drive, Mail Code D205–01, financial responsibility requirements as E.O. 13771 Designation: Deregulatory. Research Triangle Park, NC 27711, outlined in the proposed rule in light of Legal Authority: 42 U.S.C. 7411 Clean Phone: 888 627–7764, Email: airaction@ existing financial responsibility Air Act epa.gov. requirements imposed by state and CFR Citation: 40 CFR 60. RIN: 2060–AT55 federal regulatory authorities, as well as Legal Deadline: None. comments on the methods for Abstract: On April 4, 2017, the EPA calculating financial responsibility and announced it is reviewing the Clean the availability of financial Power Plan (CPP), found at 40 CFR part EPA—OFFICE OF LAND AND responsibility instruments. 60, subpart UUUU. This action proposes EMERGENCY MANAGEMENT (OLEM) Anticipated Cost and Benefits: The to withdraw the CPP on grounds that it Final Rule Stage EPA would expect that the primary exceeds the statutory authority provided costs of a final rule to be in the form of under section 111 of the Clean Air Act. 114. Financial Responsibility commissions and fees paid by facilities Statement of Need: The EPA has Requirements Under Cercla Section for procuring required financial conducted its initial review of the CPP, 108(B) For Classes of Facilities in the instruments. The EPA would also as directed by Executive Order 13783, Hardrock Mining Industry expect to incur administrative and and has concluded that suspension, Priority: Other Significant. oversight costs for implementing a final revision, or rescission of [the CPP] may E.O. 13771 Designation: Other. rule. be appropriate on the basis of the Legal Authority: 42 U.S.C. 9601 et seq. Risks: EPA’s CERCLA section 108(b) agency’s proposed reinterpretation of CFR Citation: 40 CFR 320. rules are intended to address the risks the statutory provisions underlying the Legal Deadline: NPRM, Judicial, associated with the production, CPP. December 1, 2016, Court Order: NPRM. transportation, treatment, storage or Summary of Legal Basis: The EPA Final, Judicial, December 1, 2017, disposal of hazardous substances. proposes to return to a reading of CAA Court Order: Final. Timetable: section 111(a)(1) (and its constituent Abstract: Section 108(b) of the term, best system of emission reduction) Comprehensive Environmental Action Date FR Cite Response, Compensation, and Liability as being limited to emission reduction Notice ...... 07/28/09 74 FR 37213 measures that can be applied to or at an Act (CERCLA) of 1980, as amended, NPRM ...... 01/11/17 82 FR 3388 individual stationary source. The EPA establishes certain authorities NPRM Comment 03/02/17 82 FR 12333 believes that this interpretation is concerning financial responsibility Period Ex- consistent with the CAA’s text, context, requirements. In 2009, the Agency tended. structure, purpose, and legislative published a notice that identified Final Rule ...... 12/00/17 history, as well as with the Agency’s classes of facilities within the hardrock historical understanding and exercise of mining industry as those for which Regulatory Flexibility Analysis its statutory authority. financial responsibility requirements Required: Undetermined. Alternatives: Not yet determined. will be first developed. Government Levels Affected: Federal. Anticipated Cost and Benefits: Statement of Need: EPA is under Additional Information: Docket Repealing the CPP could lead to up to court order to sign for publication by #:EPA–HQ–SFUND–2015–0781. Split $33 billion dollars in avoided December 1, 2017 a notice of its final from RIN 2050–AG56. compliance costs in 2030. EPA presents action on such regulations under section Sectors Affected: 212 Mining (except a wide range of analysis scenarios meant 108(b) of the Comprehensive Oil and Gas); 331 Primary Metal to address numerous concerns and Environmental Response, Manufacturing. uncertainties associated with the Compensation, and Liability Act URL For More Information: https:// previous approach to analyzing costs (CERCLA) of 1980, as amended. www.epa.gov/superfund/superfund- and benefits in the Clean Power Plan. Summary of Legal Basis: Section financial-responsibility. Risks: The CPP as originally finalized 108(b) of CERCLA establishes certain URL For Public Comments: https:// raised concerns that it would necessitate regulatory authorities concerning www.regulations.gov/search changes to a state’s energy policy, such financial responsibility requirements. Results?rpp=25&po=0&s=EPA-HQ- as a grid-wide shift from coal-fired to Specifically, the statutory language SFUND-2015-0781&fp=true&ns=true. natural gas-fired generation, and from addresses the promulgation of Agency Contact: Barbara Foster, fossil fuel-fired generation to renewable regulations that would require classes of Environmental Protection Agency, generation and that it exceeded the facilities to establish and maintain Office of Land and Emergency agency’s statutory authority. evidence of financial responsibility Management, 1200 Pennsylvania Timetable: consistent with the degree and duration Avenue NW, Mail Code 5304P,

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Washington, DC 20460, Phone: 703 308– the rules are clear and certain while EQUAL EMPLOYMENT OPPORTUNITY 7057, Email: [email protected]. agencies engage in a second rulemaking COMMISSION (EEOC) Scott Palmer, Environmental to reconsider the definition. As a result, Statement of Regulatory and Protection Agency, Office of Land and the agencies did not propose any Deregulatory Priorities Emergency Management, 1200 alternatives for this proposed rule. Pennsylvania Avenue NW, Mail Code The mission of the Equal Employment Anticipated Cost and Benefits: The 5305P, Washington, DC 20460, Phone: Opportunity Commission (EEOC, 703 308–8621, Email: palmer.scott@ agencies estimated the avoided costs Commission, or Agency) is to ensure epa.gov. and forgone benefits of repealing the equality of opportunity in employment RIN: 2050–AG61 2015 rule. Annual avoided costs range by vigorously enforcing and educating from $162.2 to $313.9 million for the the public about the following Federal low end scenario and $242.4 to $476.2 statutes: Title VII of the Civil Rights Act million for the high end scenario (at of 1964, as amended (prohibits EPA—OFFICE OF WATER (OW) 2016 price levels). All of the forgone employment discrimination on the basis Final Rule Stage benefit categories were not fully of race, color, sex (including quantified in the economic analysis for pregnancy), religion, or national origin); 115. Definition of ‘‘Waters of the United the proposed rule (noted with $B). The the Equal Pay Act of 1963, as amended States’’—Recodification of Pre-Existing (makes it illegal to pay unequal wages Rule annual forgone benefits range from $33.6 + $B to $44.5 to $B for the low to men and women performing Priority: Other Significant. end scenario and $55.0 + $B to $72.8 + substantially equal work under similar E.O. 13771 Designation: Deregulatory. $B in the high-end scenario. The working conditions at the same Legal Authority: 33 U.S.C. 1251 et seq. establishment); the Age Discrimination economic analysis can be found in the CFR Citation: 40 CFR 110; 40 CFR in Employment Act of 1967, as amended docket for the proposed rulemaking. 112; 40 CFR 116 and 117; 40 CFR 122; (prohibits employment discrimination 40 CFR 230; 40 CFR 232; 40 CFR 300; Risks: Because the proposed rule based on age of 40 or older); Titles I and 40 CFR 302; 40 CFR 401. maintains the status quo, there are no V of the Americans with Disabilities Legal Deadline: None. environmental or health risks associated Act, as amended, and sections 501 and Abstract: The Environmental with this effort. 505 of the Rehabilitation Act, as Protection Agency and the Department Timetable: amended (prohibit employment of the Army (‘‘the agencies’’) published discrimination based on disability); this proposed rule to initiate the first Action Date FR Cite Title II of the Genetic Information step in a comprehensive, two-step Nondiscrimination Act (prohibits process to revise the definition of NPRM ...... 07/27/17 82 FR 34899 employment discrimination based on ‘‘waters of the United States’’ consistent NPRM Comment 08/22/17 82 FR 39712 genetic information and limits with the Executive Order signed on Period Ex- acquisition and disclosure of genetic February 28, 2017. tended. information); and section 304 of the Statement of Need: This rulemaking Final Rule ...... 04/00/18 Government Employee Rights Act of action responds to the February 28, 1991 (protects certain previously 2017, Presidential Executive Order Regulatory Flexibility Analysis exempt state and local government entitled Restoring the Rule of Law, Required: No. employees from employment Federalism, and Economic Growth by discrimination on the basis of race, Reviewing the Waters of the United Small Entities Affected: No. color, religion, sex, national origin, age, States’ Rule. To meet the objectives of Government Levels Affected: None. or disability). the E.O., the agencies are engaged in a Additional Information: Docket #: The EEOC has authority to issue comprehensive two-step rulemaking EPA–HQ–OW–2017–0203. legislative regulations under the Age process. Under the first step of this Discrimination in Employment Act, rulemaking process, the agencies are URL For More Information: https:// Title I of the Americans with seeking to recodify the regulatory text www.epa.gov/wotus-rule/proposed-rule- Disabilities Act, and Title II of the that was in place prior to the 2015 Clean definition-waters-united-states- Genetic Information Nondiscrimination Water Rule and that is currently in place recodification-pre-existing-rules. Act (GINA). Under Title VII of the Civil as a result of the stay ordered by the URL For Public Comments: https:// Rights Act, EEOC’s authority to issue U.S. Court of Appeals for the Sixth www.regulations.gov/docket?D=EPA- legislative regulations is limited to Circuit. HQ-OW-2017-0203. procedural, record keeping, and Summary of Legal Basis: The rule is reporting matters. proposed under the Clean Water Act, 33 Agency Contact: Donna Downing, Three items are identified in this U.S.C. Section 1251 et seq. Environmental Protection Agency, Regulatory Plan. On August 22, 2017, Alternatives: In this first step, the Office of Water, 1200 Pennsylvania the U.S. District Court for the District of agencies have proposed as an interim Avenue NW, Mail Code 4502T, Columbia ordered the EEOC to action to repeal the 2015 definition of Washington, DC 20460, Phone: 202 566– reconsider its regulations under the waters of the United States and codify 2428, Email: [email protected]. ADA and GINA related to incentives the legal status quo that is being Rose Kwok, Environmental Protection and employer-sponsored wellness implemented now under the Sixth Agency, Office of Water, 1200 plans. See AARP v. EEOC, Civ. Action Circuit stay of the 2015 definition of Pennsylvania Avenue NW, Mail Code No. 16–2113 (D.D.C. Aug. 22, 2017). In waters of the United States and that was 4502T, Washington, DC 20460, Phone: accordance with the court’s ruling, the in place for decades prior to the 2015 202 566–0657, Email: cwawotus@ EEOC will consider and take actions to rule. This rule would result in the epa.gov. cure defects in the rules. In addition, the recodification of what is in place under EEOC’s Fall 2017 Regulatory Agenda the Court stay (i.e., the regulation as it RIN: 2040–AF74 contains a longstanding item titled existed prior to the 2015 rule) so that BILLING CODE 6560–50–P ‘‘Federal Sector Equal Employment

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Opportunity Process.’’ In July 2012, the containing 15 discrete changes to EEOC Commission published a final rule various parts of the Federal sector EEO 117. • Amendments to Regulations containing 15 discrete changes to complaint process, and indicated that Under the Americans With Disabilities various parts of the Federal sector EEO the rule was the Commission’s initial Act complaint process, and indicated that step in a broader review of the Federal the rule was the Commission’s initial sector EEO process. On February 6, Priority: Other Significant. step in a broader review of the Federal 2015, the Commission issued an E.O. 13771 Designation: Other. sector EEO process. On February 6, Advance Notice of Proposed Legal Authority: 42 U.S.C. 12101 et 2015, the Commission issued an Rulemaking (ANPRM) (80 FR 6669), that seq. Advance Notice of Proposed sought public input on additional issues CFR Citation: 29 CFR 1630. Legal Deadline: None. Rulemaking (ANPRM) (80 FR 6669), that associated with the Federal sector EEO Abstract: This rule amends the sought public input on additional issues process. regulations to implement the equal associated with the Federal sector EEO Statement of Need: Any proposals employment provisions of the process. The EEOC’s Fall 2017 contained in an NPRM would be aimed Americans with Disabilities Act (ADA) Regulatory Agenda states that an NPRM at making the process more fair and to address the interaction between title is expected to be issued by March 2018. efficient. I of the ADA and inducements and/or Based on the information currently Summary of Legal Basis: Title VII of penalties as part of wellness programs available, we anticipate that most of the offered by employers. On August 22, changes will have no cost and will the Civil Rights Act of 1964 authorizes EEOC ‘‘to issue such rules, regulations, 2017, the U.S. District Court for the benefit users of the process by District of Columbia ordered the EEOC correcting or clarifying the orders, and instructions as it deems necessary and appropriate to carry out to reconsider its regulations under the requirements. Any cost that might result ADA related to incentives and would only be borne by the Federal its responsibilities under . . . section [717].’’ 42 U.S.C. 2000e–16(b). employer-sponsored wellness plans. See Government. Furthermore, any revisions AARP v. EEOC, Civ. Action No. 16–2113 Alternatives: The EEOC will consider would not affect risks to public health, (D.D.C. Aug. 22, 2017). In accordance all alternatives offered by public safety, or the environment. with the court’s ruling, the EEOC will commenters. Executive Order 13771 Statement consider and take actions to cure defects Anticipated Cost and Benefits: Based EEOC does not anticipate finalizing in the rule. The final rule was published on the information currently available, any regulatory or deregulatory actions on May 17, 2016 (81 FR 31125) and we anticipate that most of the changes subject to Executive Order 13771 in the completed in the fall 2016 agenda as will have no cost and will benefit users next 12 months. One significant rule— RIN 3046–AB01. of the process by correcting or clarifying ‘‘Federal Sector Equal Employment Statement of Need: The revision to 29 the requirements. Any cost that might Opportunity Process’’—falls within an CFR 1630.14(d) is needed in accordance result would only be borne by the exception for regulations that affect only with the District Court’s ruling noted Federal Government. other Federal agencies and are related to above. Summary of Legal Basis: The ADA personnel matters, this matter is at the Risks: Any proposed revisions would requires the EEOC to issue regulations proposed rule stage. In addition, the two not affect risks to the public health, implementing title I of the Act. The rules related to wellness programs safety, or the environment. EEOC initially issued regulations in under the ADA and GINA are significant Timetable: 1991 on the law’s requirements and under E.O. 12866, but are not expected prohibited practices with respect to to be finalized in the next 12 months. Action Date FR Cite Consistent with section 4(c) of employment and issued amended Executive Order 12866, this statement ANPRM ...... 02/06/15 80 FR 6669 regulations in 2011 to conform to was reviewed and approved by the ANPRM Comment 04/07/15 changes to the ADA made by the ADA Chair of the Agency. The statement has Period End. Amendments Act of 2008. The EEOC NPRM ...... 03/00/18 not been reviewed or approved by the again issued regulations in May 2016 to other members of the Commission. address the interaction between title I of Regulatory Flexibility Analysis the ADA and wellness programs. The Required: No. U.S. District Court for the District of Columbia ordered the EEOC to EEOC Small Entities Affected: No. reconsider these regulations in August Government Levels Affected: Federal. Proposed Rule Stage 2017. These new revisions are based on Agency Contact: Kathleen Oram, the court’s order, as well as the statutory 116. Federal Sector Equal Employment Acting Assistant Legal Counsel, Equal requirement to issue regulations to Opportunity Process Employment Opportunity Commission, implement title I of the ADA. Priority: Other Significant. 131 M Street NE., Washington, DC Alternatives: The EEOC will consider E.O. 13771 Designation: Fully or 20507, Phone: 202 663–4681, Fax: 202 all alternatives offered by the public Partially Exempt. 663–6034, Email: kathleen.oram@ commenters. Legal Authority: 29 U.S.C. 206(d); 29 eeoc.gov. Anticipated Cost and Benefits: Based on the information currently available, U.S.C. 633a; 29 U.S.C. 791; 29 U.S.C. Gary Hozempa, Senior Attorney 794; 42 U.S.C. 2000e–16; E.O. 10577; the Commission does not anticipate that Advisor, Office of Legal Counsel, Equal the rule will impose additional costs on E.O. 11222; E.O. 11478; E.O. 12106; Employment Opportunity Commission, Reorganization Plan No. 1 of 1978; 42 employers, beyond minimal costs to 131 M Street NE., Washington, DC train human resource professionals. The U.S.C. 2000ff–6(e) 20507, Phone: 202 663–4666, Fax: 202 CFR Citation: 29 CFR 1614. regulation does not impose any new Legal Deadline: None. 653–6034, Email: gary.hozempa@ employer reporting or recordkeeping Abstract: In July 2012, the eeoc.gov. obligations. We anticipate that the Commission published a final rule RIN: 3046–AB00 changes will benefit entities covered by

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title I of the ADA by clarifying and take actions to cure defects in the Employment Opportunity Commission, employers’ obligations under the ADA. rule. The final rule was published on 131 M Street NE, Washington, DC Risks: The rule imposes no new or May 17, 2016 (81 FR 31143) and 20507, Phone: 202 663–4516, Fax: 202 additional risks to employers. The rule completed in the fall 2016 agenda as 653–6034, Email: [email protected]. does not address risks to public safety RIN 3046–AB02. Related RIN: Related to 3046–AB02 or the environment. Statement of Need: The revision to 29 RIN: 3046–AB11 Timetable: CFR 1635.8 is needed in accordance BILLING CODE 6570–01–P with the District Court’s ruling noted Action Date FR Cite above. Summary of Legal Basis: GINA, NPRM ...... 08/00/18 section 211, 42 U.S.C. 2000ff-10, GENERAL SERVICES NPRM Comment 10/00/18 requires the EEOC to issue regulations ADMINISTRATION (GSA) Period End. implementing title II of the Act. The Final Action ...... 10/00/19 Regulatory Plan—October 2017 EEOC issued regulations on November 9, 2010. In May 2016, the EEOC issued The mission of GSA is to deliver the Regulatory Flexibility Analysis an amendment to the regulations which best value in real estate, acquisition, and Required: No. dealt with the interaction between title technology services to government and Small Entities Affected: Businesses, II of GINA and wellness programs. The the American people by: Governmental Jurisdictions, U.S. District Court for the District of • Providing centralized procurement Organizations. Columbia ordered the EEOC to services for the federal government by Government Levels Affected: Federal, reconsider these regulations in August offering billions of dollars of products, Local, State. services, and facilities that federal Agency Contact: Christopher 2017. These new revisions are based on the court order, as well as the statutory agencies need to serve the public. Kuczynski, Assistant Legal Counsel, • Helping federal agencies build and Office of Legal Counsel, Equal requirement. Alternatives: The EEOC will consider acquire office space, products and other Employment Opportunity Commission, all alternatives offered by public workspace services. 131 M Street NE., Washington, DC commenters. • Overseeing the preservation of 20507, Phone: 202 663–4665, TDD Anticipated Cost and Benefits: Based historic federal properties. Phone: 202 663–7026, Fax: 202 653– on the information currently available, • Creating and maintaining 6034, Email: christopher.kuczynski@ the Commission does not anticipate that Governmentwide policies for travel and eeoc.gov. the rule will impose additional costs on property management to promote Joyce Walker-Jones, Senior Attorney employers, beyond minimal costs to efficient government operations. Advisor, Office of Legal Counsel, Equal train human resource professionals. The • Providing tools, equipment, and Employment Opportunity Commission, regulation does not impose any new non-tactical vehicles to the U.S. 131 M Street NE., Washington, DC employer reporting or recordkeeping military. 20507, Phone: 202 663–7031, Fax: 202 obligations. We anticipate that the • Providing state and local 653–6034, Email: joyce.walker-jones@ changes will benefit entities covered by governments with law enforcement eeoc.gov. title II of GINA by clarifying employers’ equipment, firefighting and rescue Related RIN: Previously reported as obligations under GINA. equipment, and disaster recovery 3046–AB01. Risks: The rule imposes no new or products and services. RIN: 3046–AB10 additional risks to employers. The rule • Offering free access to and does not address risks to public safety information about government programs or the environment. with the following websites: EEOC Timetable: • USA.gov, official portal to federal government information; 118. • Amendments to Regulations Action Date FR Cite • gobiernoUSA.gov, Spanish Under the Genetic Information counterpart of USA.gov; Nondiscrimination Act of 2008 NPRM ...... 08/00/18 • publications.USA.gov, Federal NPRM Comment 10/00/18 Priority: Other Significant. Citizen Information Center; Period End. • E.O. 13771 Designation: Other. Final Action ...... 10/00/19 Consumer protection on USA.gov, Legal Authority: 42 U.S.C. 2000ff consumer action website; CFR Citation: 29 CFR 1635. Regulatory Flexibility Analysis • Consumer protection in Spanish on Legal Deadline: None. Required: No. goviernoUSA.gov; Abstract: This rule amends the Small Entities Affected: Businesses, • kids.gov, official kids portal for the regulations on the Genetic Information Governmental Jurisdictions, U.S. government. Nondiscrimination Act of 2008 to Organizations. • Providing free telephone assistance address inducements to employees’ Government Levels Affected: Federal, through the National Contact Center at spouses or other family members who Local, State. 800–FED–INFO, with email and online respond to questions about their current Agency Contact: Christopher assistance to the public. or past medical conditions on health Kuczynski, Assistant Legal Counsel, risk assessments (HRA). On August 22, Office of Legal Counsel, Equal GSA’s Regulatory Philosophy and 2017, the U.S. District Court for the Employment Opportunity Commission, Principles District of Columbia ordered the EEOC 131 M Street NE, Washington, DC The Agency’s rulemaking program to reconsider its regulations under GINA 20507, Phone: 202 663–4665, TDD strives to be responsive, efficient, and related to incentives and employer- Phone: 202 663–7026, Fax: 202 653– transparent. sponsored wellness plans. See AARP v. 6034, Email: christopher.kuczynski@ Executive Order 13777, ‘‘Enforcing EEOC, Civ. Action No. 16–2113 (D.D.C. eeoc.gov. the Regulatory Reform Agenda’’ Aug. 22, 2017). In accordance with the Kerry Leibig, Senior Attorney (February 24, 2017), required GSA to court’s ruling, the EEOC will consider Advisor, Office of Legal Counsel, Equal appoint a Regulatory Reform Officer to

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oversee the implementation of Review’’ (January 18, 2011), and control the relationship between GSA regulatory reform initiatives and Executive Order 12866. and contractors and prospective policies and establish a Regulatory In addition, GSA implements and contractors. Reform Task Force (Task Force) to supplements FAR requirements through Pursuant to section 6 of Executive review and evaluate existing regulations the General Services Administration Order 13563 ‘‘Improving Regulation and and make recommendations to the Acquisition Regulation (GSAR). The Regulatory Review’’ (2011), the GSA agency head regarding their repeal, GSAR establishes agency acquisition retrospective review and analysis final replacement, or modification, consistent regulations that affect GSA’s business and updated regulations plan can be with applicable law. partners (e.g. prospective offerors and found at www.gsa.gov/ These reform initiatives and policies contractors) and acquisition of leasehold improvingregulations. include Executive Order 13771, interests in real property. The latter are Listed below are the important rules ‘‘Reducing Regulation and Controlling established under the authority of 40 planned that require a Regulatory Regulatory Costs’’ (January 30, 2017), U.S.C. 585, et seq. The GSAR Flexibility Act analysis or are section 6 of Executive Order 13563, implements contract clauses, considered significant and/or highly ‘‘Improving Regulation and Regulatory solicitation provisions, and forms that visible.

Regulation Identifier No. Title

Proposed Rule Stage

3090–AJ64 ...... General Services Administration Regulation (GSAR); GSAR Case 2015–G506; Construction Manager as Constructor Con- tracting 3090–AJ84 ...... General Services Administration Regulation (GSAR); GSAR Case 2016–G511; Information and Information Systems Security 3090–AJ85 ...... General Services Administration Regulation (GSAR); GSAR Case 2016–G515; Cyber Incident Reporting 3090–AJ88 ...... Federal Permitting Improvement Steering Council (FPISC); FPISC Case 2017–001; Fees for Governance, Oversight, and Processing of Environmental Reviews and Authorizations

Final Rule Stage

3090–AJ41 ...... General Services Administration Regulation (GSAR); GSAR Case 2013–G502; Federal Supply Schedule Contracting (Admin- istrative Changes) 3090–AJ63 ...... General Services Administration Regulation (GSAR); GSAR Case 2015–G503; Construction Contract Administration 3090–AJ65 ...... General Services Administration Regulation (GSAR); GSAR Case 2015–G505; Architect-Engineer Selection Procedures 3090–AJ67 ...... General Services Administration Regulation (GSAR); GSAR Case 2015–G512; Unenforceable Commercial Supplier Agree- ment Terms 3090–AJ75 ...... General Services Administration Acquisition Regulation (GSAR); GSAR 2016–G506; Federal Supply Schedule, Order-Level Materials 3090–AJ82 ...... General Services Administration Acquisition Regulation (GSAR); GSAR Case 2015–G502; Submission and Distribution of Federal Supply Schedules (FSS) Price Lists 3090–AJ83 ...... General Services Administration Acquisition Regulation (GSAR); GSAR Case 2016–G509; Updates to the Issuance of GSA’s Acquisition Policy 3090–AJ86 ...... General Services Administration Acquisition Regulation (GSAR); GSAR 2017–G502; Transition to Small Business Administra- tion (SBA) Mentor-Portege Program 3090–AJ87 ...... General Services Administration Acquisition Regulation (GSAR); GSAR 2017–G503; Remove Duplicative Responsibility De- termination Guidance 3090–AJ89 ...... Federal Travel Regulation (FTR); FTR Case 2017–301; Transportation Network Companies (TNC), Innovative Mobility Tech- nology Companies, and Reporting Travel, Transportation, and Relocation Costs 3090–AJ90 ...... General Services Administration Regulation (GSAR); GSAR Case 2017–G506; Clause and Provision Designation Corrections 3090–AJ91 ...... General Services Administration Regulation (GSAR); GSAR Case 2017–G507, Federal Supply Schedule (FSS) Contractor Teaming Arrangements

Completed Actions

3090–AJ69 ...... Federal Travel Regulation (FTR); FTR Case 2016–301, Clarification of Payment In Kind for Speakers at Meetings and Con- ferences

Dated: September 29, 2017. solar system and the universe that NASA continues to implement Allison Fahrenkopf Brigati, contains it and to improve American programs according to its 2014 Strategic Associate Administrator, Office of aeronautics ability. NASA’s basic Plan. The Agency’s mission is to ‘‘Drive Government-wide Policy. organization consists of the advances in science, technology, BILLING CODE 6820–34–P Headquarters, nine field Centers, the Jet aeronautics, and space exploration to Propulsion Laboratory (a federally enhance knowledge, education, funded research and development innovation, economic vitality, and NATIONAL AERONAUTICS AND center), and several component stewardship of the Earth.’’ The FY 2014 SPACE ADMINISTRATION (NASA) installations which report to Center Strategic Plan, (available at http:// Directors. Responsibility for overall www.nasa.gov/sites/default/files/files/ Statement of Regulatory Priorities planning, coordination, and control of 2014 NASA Strategic Plan.pdf), guides The National Aeronautics and Space NASA programs is vested in NASA NASA’s program activities through a Administration (NASA) aim is to Headquarters located in Washington, framework of the following three increase human understanding of the DC. strategic goals:

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• Strategic Goal 1: Expand the with applicable law. NASA is doing this NASA will also amend the NFS to frontiers of knowledge, capability, and work primarily through its work as a implement revisions to the voucher and opportunity in space. signatory to Federal Acquisition invoice submittal and payment process. • Strategic Goal 2: Advance Regulatory Council. These revisions are necessary in order understanding of Earth and develop The FAR at 48 CFR chapter 1, for NASA to comply with the Office of technologies to improve the quality of contains procurement regulations that Management and Budget issued life on our home planet. apply to NASA and other Federal Memorandum M–15–19, Improving • Strategic Goal 3: Serve the agencies. Pursuant to 41 U.S.C. 1302 Government Efficiency and Saving American public and accomplish our and FAR 1.103(b), the FAR is jointly Taxpayer Dollars through Electronic mission by effectively managing our prepared, issued, and maintained by the Invoicing, which directed federal people, technical capabilities, and Secretary of Defense, the Administrator agencies to transition to electronic infrastructure. of General Services, and the invoicing for appropriate federal In the decades since Congress enacted Administrator, National Aeronautics procurement by the end of the fiscal the National Aeronautics and Space Act and Space Administration, under their year 2018. of 1958, NASA has challenged its several statutory authorities. scientific and engineering capabilities in These reform initiatives and policies BILLING CODE 7510–13–P pursuing its mission, generating include Executive Order 13771, tremendous results and benefits for ‘‘Reducing Regulation and Controlling humankind. NASA will continue to Regulatory Costs’’ (January 30, 2017), NATIONAL ARCHIVES AND RECORDS push scientific and technical boundaries section 6 of Executive Order 13563, ADMINISTRATION (NARA) in pursuit of these goals. ‘‘Improving Regulation and Regulatory Statement of Regulatory Priorities NASA’s Regulatory Philosophy and Review’’ (January 18, 2011), and Principles Executive Order 12866. Overview In addition, NASA implements and The Agency’s rulemaking program supplements FAR requirements through The National Archives and Records strives to be responsive, efficient, and the NASA FAR Supplement (NFS), 48 Administration (NARA) primarily issues transparent. As noted in Executive CFR chapter 18. As a result of the regulations directed to other Federal Order 13609, ‘‘Promoting International ongoing review, evaluation, and agencies and to the public. These Regulatory Cooperation’’ (May 1, 2012), recommendations of the FAR Task regulations include records international regulatory cooperation, Force and internal Agency discussions, management, information services, consistent with domestic law and NASA has identified priority regulatory access to and use of NARA holdings, prerogatives and U.S. trade policy, can and deregulatory actions that reduce and grant programs. For example, be an important means of promoting costs to the public by eliminating records management regulations public health, welfare, safety, and our unnecessary, ineffective, and directed to Federal agencies concern the environment as well as economic duplicative regulations. proper management and disposition of growth, innovation, competitiveness, The Agency has focused its regulatory Federal records. Through the and job creation. resources on the most serious Information Security Oversight Office NASA, along with the Departments of acquisition, health, and personnel and (ISOO), NARA also issues State and Commerce and Defense, readiness risks as discussed below. Governmentwide regulations engages with other countries in the NASA will revise the NASA FAR concerning information security Wassenaar Arrangement, Nuclear Supplement to clarify policy for classification, control, and Suppliers Group, Australia Group, and applying Earned Value Management declassification programs. NARA Missile Technology Control Regime System (EVMS) requirements to regulations directed to the public through which the international contracts, task and delivery orders and address access to, and use of, our community develops a common list of to revise the EVMS dollar threshold as historically valuable holdings, including items that should be subject to export follows: Clarify that EVMS requirements archives, donated historical materials, controls. NASA has also been a key are applicable to all contracts, task and Nixon Presidential materials, and participant in the Administration’s delivery orders that are cost or fixed- Presidential records. NARA also issues Export Control Reform effort that price incentive fee, have a value of $20 regulations relating to the National resulted in a complete overhaul of the million or more, including options, have Historical Publications and Records U.S. Munitions List and fundamental a period of performance of 18 months or Commission (NHPRC) grant programs. changes to the Commerce Control List. longer, and contain developmental work NARA has two regulatory priorities New controls have facilitated transfers scope; raise the dollar threshold from for fiscal year 2018, which are included of goods and technologies to allies and $50 million to $100 million for in The Regulatory Plan. The first partners while helping prevent transfers requiring EVMS compliance reviews; priority is a substantial revision to to countries of national security and remove the American National NARA’s National Industrial Security proliferation concerns. Standards Institute (ANSI) designation Program (NISP) regulations at 32 CFR Executive Order 13777, ‘‘Enforcing from the American National Standards 2004. The NISP regulations govern the Regulatory Reform Agenda’’ Institute/Electronic Industries Alliance release of classified information to (February 24, 2017), required NASA to Standard 748, Earned Value contractors and other entities that enter appoint a Regulatory Reform Officer to Management Systems (ANSI/EIA–748), agreements with the Federal oversee the implementation of which was revised to EIA–748, in March Government involving access to regulatory reform initiatives and 2013 Tech America Standard classified information. Although we are policies and establish a Regulatory publication; clarify the contractor’s and proposing to substantially revise the Reform Task Force (Task Force) to Government’s role in identifying and regulation, the proposed revisions review and evaluate existing regulations approving over-target baseline or over- would affect only minor changes to the and make recommendations to the target schedule, and; clarify that EVMS program’s requirements for contractors agency head regarding their repeal, requirements are to flow down to and other entities. The proposed replacement, or modification, consistent subcontracts. changes primarily include new sections

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setting out agency obligations in the management tools for Federal defined benefit pension plans and a course of implementing the program employees and agencies. second for multiemployer defined that reflect already-existing • In many cases, we take the lead in benefit pension plans. requirements for industry contained in developing, testing and implementing • Single-Employer Program. Under the National Industrial Security Program new governmentwide policies that the single-employer program, when a Operating Manual (NISPOM), and relate to personnel issues. plan terminates with insufficient assets Altogether, we work to make the streamline or clarify other sections of to cover all plan benefits (distress and Federal government America’s model the regulation. In addition, a small involuntary terminations), PBGC pays employer for the 21st century. portion of the proposed revisions add plan benefits that are guaranteed under requirements from Executive Order OPM’s Regulatory Philosophy and title IV. PBGC also pays nonguaranteed 13587 to implement the insider threat Principles plan benefits to the extent funded by program. Executive Order 13777, ‘‘Enforcing plan assets or recoveries from The second priority this fiscal year is employers. a new regulation for the Office of the Regulatory Reform Agenda’’ • Multiemployer Program. The Government Information Services (February 24, 2017), required OPM to multiemployer program covers (OGIS). The Open Government Act of appoint a Regulatory Reform Officer to collectively bargained plans involving 2007 (Pub. L. 110–175, 121 Stat. 2524), oversee the implementation of more than one unrelated employer. amended the Freedom of Information regulatory reform initiatives and PBGC provides financial assistance (in Act (FOIA) (5 U.S.C. 552, as amended), policies and establish a Regulatory the form of a loan) to the plan if the plan and created OGIS within the National Reform Task Force (Task Force) to is unable to pay benefits at the Archives and Records Administration review and evaluate existing regulations guaranteed level. The guarantee is (NARA). OGIS is finalizing regulations, and make recommendations to the structured differently from, and is pursuant to 44 U.S.C. 2104, to clarify, agency head regarding their repeal, generally significantly smaller than, the elaborate upon, and specify the replacement, or modification, consistent single-employer guarantee. procedures in place for Federal agencies with applicable law. These reform initiatives and policies and public requesters who seek OGIS’s At the end of fiscal year (FY) 2017, include Executive Order 13771, services within the FOIA system. The PBGC had a deficit of $11 billion in its ‘‘Reducing Regulation and Controlling regulation will describe one of the areas single-employer insurance program and Regulatory Costs’’ (January 30, 2017), in which OGIS carries out its role as the $65 billion in its multiemployer section 6 of Executive Order 13563, Federal FOIA Ombudsman by working insurance program. While the financial ‘‘Improving Regulation and Regulatory with Federal agencies to provide an position of the single-employer program Review’’ (January 18, 2011), and alternative to litigation in resolving is likely (but not certain) to continue to Executive Order 12866. FOIA disputes. improve, the multiemployer program is A fully searchable e-Agenda is likely to run out of funds by the end of BILLING CODE 7515–01–P available for viewing in its entirety at 2025. If that happens, PBGC will not www.reginfo.gov. Agenda information is have the money to pay benefits at the also available at www.regulations.gov, current guaranteed levels to OFFICE OF PERSONNEL the government-wide website for multiemployer plan participants whose MANAGEMENT submission of comments on proposed plans run out of money. regulations. Our fall 2017 agenda Statement of Regulatory and follows. To carry out its statutory functions, Deregulatory Priorities PBGC issues regulations on such matters FOR FURTHER INFORMATION CONTACT: as how to pay premiums, when reports Fall 2017 Unified Agenda Steve Hickman, (202) 606–1973 or are due, what benefits are covered by OPM works in several broad [email protected]. the insurance program, how to categories to recruit, retain and honor a BILLING CODE 6325–44–P terminate a plan, the liability for world-class workforce for the American underfunding, and how withdrawal people. liability works for multiemployer plans. • We manage Federal job PENSION BENEFIT GUARANTY PBGC follows a regulatory approach that announcement postings at CORPORATION (PBGC) seeks to encourage the continuation and USAJOBS.gov, and set policy on maintenance of defined benefit plans. governmentwide hiring procedures. Statement of Regulatory and So, in developing new regulations and • We conduct background Deregulatory Priorities reviewing existing regulations, PBGC investigations for prospective The Pension Benefit Guaranty seeks to reduce burdens on plans, employees and security clearances Corporation (PBGC) is a federal employers, and participants, and to ease across government, with hundreds of corporation created under title IV of the and simplify employer compliance thousands of cases each year. Employee Retirement Income Security wherever possible. PBGC particularly • We uphold and defend the merit Act (ERISA) to guarantee the payment of strives to meet the needs of small systems in Federal civil service, making pension benefits earned by nearly 40 businesses that sponsor defined benefit sure that the Federal workforce uses fair million workers and retirees in nearly plans. In all such efforts, PBGC’s practices in all aspects of personnel 24,000 private-sector defined benefit mission is to protect the retirement management. plans. PBGC receives no tax revenues. incomes of plan participants. • We manage pension benefits for Operations are financed by insurance Regulatory/Deregulatory Objectives and retired Federal employees and their premiums, investment income, assets Priorities families. We also administer health and from pension plans trusteed by PBGC, other insurance programs for Federal and recoveries from the companies PBGC’s regulatory/deregulatory employees and retirees. formerly responsible for the trusteed objectives and priorities are developed • We provide training and plans. PBGC administers two insurance in the context of the Corporation’s development programs and other programs—one for single-employer statutory purposes:

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• To encourage the continuation and of certain financially troubled administrative review of agency maintenance of voluntary private multiemployer plans pursuant to decisions (RIN 1212–AB35). pension plans; MPRA, thereby reducing plan costs and Multiple proposed rulemakings • To provide for the timely and significantly benefitting plan would update PBGC’s regulations and uninterrupted payment of pension participants. Mergers are a way some policies to ensure that the actuarial and benefits; and plans can preserve and protect benefits economic content remains current. • To keep premiums at the lowest earned by workers. Such plans could PBGC plans to publish proposed rules possible levels. stabilize or increase their base of that would amend its benefit valuation Pension plans and the statutory contributing employers, combine plan and asset allocation regulations by framework in which they are assets for more efficient investing, and updating its valuation assumptions and maintained and terminated are complex. reduce plan administrative costs. PBGC methods. Chief among the modifications Despite this complexity, PBGC is published a proposed rule on June 6, PBGC is considering at this time are to committed to issuing simple, 2016, received 10 comments, and interest and mortality assumptions understandable, flexible, and timely intends to publish a final rule early in under the asset allocation regulation regulations to help affected parties. FY 2018. (See RIN 1212–AB31.) (RIN 1212–AA55), and the methodology PBGC’s regulatory/deregulatory for setting interest assumptions under objectives and priorities for the fiscal Rethinking Existing Regulations the benefit payments regulation (RIN year are: Most of PBGC’s regulatory/ 1212–AB41). • To enhance the retirement security deregulatory actions are the result of its of workers and retirees; ongoing retrospective review program to Small Businesses • To implement statutory changes identify and ameliorate inconsistencies, PBGC takes into account the special through regulatory actions that ease inaccuracies, and requirements made needs and concerns of small businesses compliance burdens and achieve irrelevant over time. PBGC undertook a in making policy. Many plans PBGC maximum net benefits; and review of its multiemployer plan insures are sponsored by small • To simplify existing regulations and regulations and has identified rules in businesses. PBGC is considering several reduce burden. which it can reduce burden and clarify proposed actions that will have a PBGC endeavors in all its regulatory guidance. For example, PBGC plans to positive impact on small businesses, and deregulatory actions to promote propose reductions in actuarial notably its ‘‘Missing Participants’’ final clarity and reduce burden with the goal valuation requirements for certain small rule discussed above. This rule would that net cost impact on the public is terminated multiemployer pension benefit small businesses by simplifying zero or less overall. PBGC’s most plans, notice requirements on plan and streamlining current requirements, important actions are: sponsors of plans terminated by mass better coordinating with requirements of Missing participants. A major focus of withdrawal, and reporting and other agencies, and providing more PBGC’s current efforts is to finalize rules disclosure requirements on sponsors of options for sponsors of terminating non- to simplify and revise the existing insolvent plans (‘‘Terminated and covered plans (i.e., defined contribution missing participants program to help Insolvent Multiemployer Plans and plans and plans of small professional- connect more participants with their Duties of Plan Sponsors’’ RIN 1212– service employers). The ‘‘Terminated lost retirement savings. As authorized AB38). Another proposal would and Insolvent Multiemployer Plans and by the Pension Protection Act of 2006 simplify how multiemployer plans Duties of Plan Sponsors’’ proposal also (PPA), the revised program will cover calculate withdrawal liability where discussed above would reduce valuation terminating defined contribution plans, changes in contributions or benefits are, and reporting burdens primarily on defined benefit plans of small by statute, to be disregarded in that small multiemployer plans, which professional-service employers that are calculation (‘‘Methods for Computing generally are comprised of small not covered by title IV of ERISA, and Withdrawal Liability’’ RIN 1212–AB36). employers. multiemployer plans, in addition to PBGC plans to propose a terminating single-employer defined ‘‘housekeeping’’ rulemaking project to Open Government and Increased Public benefit plans. The program will save make miscellaneous technical Participation retirement plans time and money in corrections, clarifications, and PBGC encourages public participation dealing with the benefits of missing improvements to PBGC’s regulations, in the regulatory process. For example, participants. And a centralized search such as the reportable events regulation PBGC highlights when there are directory and periodic searching by (particularly addressing duplicative opportunities to comment on proposed PBGC will make finding lost benefits active participant reduction event rules and requests for information on its much easier. PBGC expects many more reporting) and the regulation on annual ‘‘Retirement Matters’’ blog and in its workers and retirees will be reunited financial and actuarial information ‘‘What’s New for Employers and with their retirement dollars. PBGC reporting (‘‘Miscellaneous Corrections, Practitioners’’ updates. PBGC’s current published a proposed rule on September Clarifications, and Improvements’’ RIN efforts to reduce regulatory burden in 20, 2016, received 14 comments, and 1212–AB34). PBGC expects to undertake the projects discussed above are in intends to publish a final rule early in periodic rulemaking projects like this substantial part a response to public FY 2018. (See RIN 1212–AB13.) that deal with minor technical and comments. Most recently, PBGC asked Mergers and Transfers Between clarifying issues. The ‘‘Benefit for feedback on its regulatory planning Multiemployer Plans. The Payments’’ proposal (RIN 1212–AB27) and review of existing regulations by Multiemployer Pension Reform Act of would make clarifications and codify way of a Request for Information (RFI) 2014 (MPRA) established new options policies in PBGC’s benefit payments and published on July 26. A number of (plan partitions and mergers) for valuation regulations involving payment individuals and organizations trustees of multiemployer plans that of lump sums, entitlement to a benefit, responded, and PBGC is actively will potentially run out of money to changes to benefit form, partial benefit considering the comments, some of apply to PBGC for technical or financial distributions, and valuation of plan which are already reflected in this Fall assistance. This action primarily will assets. PBGC’s regulatory review also agenda. PBGC encourages comments on prescribe guidance to facilitate mergers identified a need to update the rules for an on-going basis as we continue to look

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for ways to further improve PBGC’s are particularly invested in finding ways Regulatory Framework regulations. to reduce the burden imposed by the The SBA Strategic Plan serves as the BILLING CODE 7709–02–S Agency’s core activities in its loan, foundation for the regulations that the grant, innovation, and procurement Agency will develop during the next programs. twelve months. This Strategic Plan On January 30, 2017, President Trump provides a framework for strengthening, SMALL BUSINESS ADMINISTRATION issued E.O. 13771, ‘‘Reducing streamlining, and simplifying SBA’s Regulation and Controlling Regulatory Statement of Regulatory Priorities programs while leveraging collaborative Costs,’’ 82 FR 9339, which establishes relationships with other agencies and Overview principles for prioritizing an agency’s the private sector to maximize the tools regulatory and deregulatory actions. The mission of the U.S. Small small business owners and Business Administration (SBA) is to E.O. 13771 was followed by E.O. 13777, entrepreneurs need to drive American maintain and strengthen the Nation’s ‘‘Enforcing the Regulatory Agenda,’’ 82 innovation and strengthen the economy. economy by enabling the establishment FR 12285 (February 24, 2017), which The plan sets out three strategic goals: and viability of small businesses and by identified processes for agencies to (1) Growing businesses and creating assisting in the physical and economic follow in overseeing their regulatory jobs; (2) serving as the voice for small recovery of communities after disasters. programs. This Agenda was prepared in business; and (3) building an SBA that In carrying out this mission, SBA strives accordance with both E.O. 13771 and meets the needs of today’s and to improve the economic environment E.O. 13777, and SBA will continue to tomorrow’s small businesses. In order to for small businesses, including those in work internally, as well as with the achieve these goals SBA will, among areas that have significantly higher Office of Management and Budget, to unemployment and lower income levels fully integrate the executive orders and other objectives, focus on: • Expanding access to capital through than the Nation’s averages and those in implementing OMB principles into the SBA’s extensive lending network; traditionally underserved markets. SBA SBA rulemaking processes. As part of • has several financial, procurement, and that effort, SBA issued a Request for Ensuring Federal contracting goals technical assistance programs that Information in the Federal Register are met or exceeded by collaborating provide a crucial foundation for those requesting public input on which SBA across the Federal Government to starting or growing a small business. For regulations should be repealed, expand opportunities for small example, the Agency serves as a replaced, or modified because they are businesses and strengthen the integrity guarantor of loans made to small obsolete, unnecessary, ineffective or of the Federal contracting data and burdensome. 82 FR 38617 (August 15, certification process; business by lenders that participate in • SBA’s programs, and also licenses small 2017). In addition, SBA’s Office of Strengthening SBA’s relevance to business investment companies that Advocacy is hosting a series of small high growth entrepreneurs and small make equity and debt investments in business roundtables in order to hear businesses to more effectively drive firsthand from small businesses facing innovation and job creation; and qualifying small businesses using a • combination of privately raised capital regulatory burdens. For more Mitigating risk and improving and SBA guaranteed leverage. SBA also information on these roundtables, program oversight. funds various training and mentoring please visit https://www.sba.gov/ The regulations reported in SBA’s programs to help small businesses, advocacy/regulatory-reform. semi-annual regulatory agenda and plan particularly businesses owned by Based on the requirements of E.O. are intended to facilitate achievement of women, veterans, minorities, and other 13771 and OMB guidance, SBA these goals and objectives. Over the next historically underrepresented groups, currently anticipates that 3 of the 29 twelve months, SBA’s highest priorities gain access to Federal government rulemakings that will appear in the will be to implement the following three contracting opportunities. The Agency Agency’s Regulatory Agenda will be regulations. also provides management and regulatory actions and 1 will be a E.O. 13771 Designation—Regulatory technical assistance to existing or deregulatory action. All other Action potential small business owners through rulemakings are either not subject to various grants, cooperative agreements E.O. 13771 or there is insufficient (1) SBA Express Loan Program; Export or contracts. Finally, as a vital part of its information at this stage to determine Express Program (RIN 3245–AG74); purpose, SBA also provides direct whether they are regulatory or This rule will propose to amend the financial assistance to homeowners, deregulatory actions. SBA continues to regulations for the SBA Express and renters, and businesses to repair or work on assessing the incremental cost Export Express loan programs. Current replace their property in the aftermath savings of these Agenda items, which do regulations, as well as policy and of a disaster. not include non-rulemakings, such as procedural guidance, provide an guidance documents, or information extensive framework for the delivery of Reducing Burden on Small Businesses collections. SBA’s 7(a) guaranteed loans through SBA’s regulatory policy reflects a participating private sector lenders. commitment to developing regulations Openness and Transparency These requirements add time and that reduce or eliminate the burden on SBA promotes transparency, expense for lenders who must not only the public, in particular the Agency’s collaboration, and public participation comply with their primary banking core constituents—small businesses. in its rulemaking process. To that end, regulator but also with the SBA program SBA’s regulatory process generally SBA routinely solicits comments on its requirements. SBA is authorized to includes an assessment of the costs and regulations, even those that are not reduce some of its requirements for benefits of the regulations as required by subject to the public notice and small dollar loans ($350,000 or less) and Executive Order 12866, ‘‘Regulatory comment requirement under the permit lenders to apply many of their Planning and Review;’’ Executive Order Administrative Procedures Act. Where conventional underwriting rules 13563, ‘‘Improving Regulation and appropriate, SBA also conducts instead. This proposed regulation will Regulatory Review;’’ and the Regulatory hearings, webinars, and other public solicit public comment on the terms and Flexibility Act. SBA’s program offices events as part of its regulatory process. conditions that would apply to these

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reduced requirements. The rule will government-wide grant requirements Section 2106 requires SBA to also propose to not require certain SBA will be incorporated. promulgate rules to carry out the mandated forms, which in some (3) Women-Owned Small Business Recovery Opportunity Loan Program not instances may be redundant, and and Economically Disadvantaged later than 270 days (August 21, 2016) increase costs for lenders to deliver Women-Owned Small Business— after enactment of the RISE After loans to small businesses. Since cost is Certification (RIN 3245–AG75). Disaster Act of 2015. an important consideration for lenders SBA is proposing to amend its Abstract: SBA plans to issue a when assessing the benefits of regulations to implement amendments proposed regulation for the SBA Express participating in SBA programs, to the Women-Owned Small Business loan program, codified in section streamlining program requirements (WOSB) and Economically 7(a)(31) of the Small Business Act. The should increase lender participation, Disadvantaged Women-Owned Small SBA Express loan program reduces the particularly for community banks, credit Business (EDWOSB) Federal Contract number of Government mandated forms unions and other mission based lenders Program that were authorized by section and procedures, streamlines the that generally serve rural communities 825 of the National Defense processing and reduces the cost of and underserved populations with small Authorization Act of 2015. Based on smaller, less complex SBA loans. loans. In addition, SBA continues to this authority, SBA is proposing to Particular features of the SBA Express explore the economic feasibility of the create a certification program for its loan program include: (1) SBA Express RISE After Disaster Act of 2015 WOSB and EDWOSB contracting loans carry a maximum SBA guaranty of Recovery Opportunity Loan Program. program. 50 percent; (2) SBA Express lenders use, The current WOSB and EDWOSB to the maximum extent practicable, E.O. 13771 Designation—Other Actions contracting program permits firms to their own documentation, analyses, (2) Women’s Business Center Program self-certify for the program or to be policies and procedures; and (3) a (RIN 3245–AG02). certified by a third party certifier (TPC). response to an SBA Express loan SBA’s Women’s Business Center The program currently requires firms to application will be given within 36 Program is authorized by section 29 of submit documentation to an SBA- hours. SBA also plans to propose the Small Business Act. The program maintained electronic document regulations for the Export Express provides financial assistance to private repository. SBA regulations currently Program codified at 7(a)(35) of the Small nonprofit organizations to conduct 5- require that contracting officers must Business Act. The Export Express year projects for the benefit of small check the repository for every WOSB or Program, made permanent by the Small business concerns owned and EDWOSB contract awardee. Business Jobs Act, makes guaranteed controlled by women. There are The proposed rule will create an SBA financing available for export currently no regulations that govern the certification process, in addition to the development activities. SBA continues administration, management or certifications issued by TPCs. This will to explore the economic feasibility of oversight of the WBC program, create an SBA certification option for the RISE After Disaster Act of 2015 including the statutorily required WOSB and EDWOSBs similar to other Recovery Opportunity Loan Program. Statement of Need: This action is regulations related to disclosure of SBA contracting programs. SBA’s necessary to provide regulatory certain information during a financial proposed rule will also contain guidance for SBA Express and Export audit of the non-profit organization. By provisions for increased oversight in Express loans authorized by statute. finalizing the proposed rule that was order to ensure continuing eligibly of Current regulatory guidance provides an published in the Federal Register on certified program participants. extensive framework for the delivery of November 22, 2016 (81 FR 83718), this The creation of an SBA certification SBA’s 7(a) guaranteed loans through rule will resolve the regulatory gap and program will remove the self- participating private sector lenders. In provide standardized and transparent certification option, and also remove the general, the requirements add time and guidance for program participants. requirement that contracting officers review repository documents of WOSB expense for lenders who must comply This final rule will codify the program first with their primary regulator rules, requirements and procedures for WBCs and EDWOSB contract awardees. This shift of responsibilities to SBA will and then consider the additional burden as outlined in statute, including: of any SBA program requirements. The • Eligibility criteria for selection as a enable contracting officers to focus more on awarding awards, which should lead required use of certain SBA mandated WBC; forms is in many cases redundant, • to an increased number of set-aside or use of Federal funds; increasing costs for lenders to deliver • standards for WBCs to effectively sole source contracts for WOSBs and EDWOSBs. loans to small businesses. For the SBA carry out program duties and Express and Export Express 7(a) loans responsibilities; Congress has authorized SBA to reduce • use and disclosure of client data as specific requirements and instead stipulated in statute; SBA permit lenders on small dollar loans • conditions for receipt of Proposed Rule Stage ($350,000 or less for SBA Express and supplemental funding to provide $500,000 or less for Export Express) to services in a declared major disaster 119. SBA Express Loan Program; apply many of their conventional area; and Export Express Program underwriting rules and to use their own • requirements for reporting on Priority: Other Significant. documentation. This regulation will financial and programmatic E.O. 13771 Designation: Regulatory. detail the reduced requirements for performance. Legal Authority: 15 U.S.C. 636(a)(31) these guaranteed loans. It is necessary to The rule will streamline the policy and (35) provide clear and succinct regulatory and procedural requirements of the CFR Citation: 13 CFR 120. guidance for lenders to encourage WBC Program, which are currently Legal Deadline: NPRM, Statutory, participation in extending smaller dollar included in the Program Announcement August 21, 2016, RISE After Disaster Act loans, and to ensure their ability to and Notice of Award (NOA). In of 2015, Public Law 114–88, section comply, and extend credit with addition, certain amendments to 2106. confidence in their ability to rely on

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payment by SBA of the guaranty if misinterpretation of program Concerns (WOSBs) for purposes of necessary. requirements. receiving set aside and sole source Summary of Legal Basis: The SBA Timetable: contracts under the WOSB program. Express loans are authorized in Section Summary of Legal Basis: These 7(a)(31) of the Small Business Act and Action Date FR Cite proposed regulations implement section Export Express loans were made 825 of the National Defense permanent by the Small Business Jobs NPRM ...... 03/00/18 Authorization Act for Fiscal Year 2015, Act and are authorized in Section Public Law 113–291, 128 Stat. 3292 Regulatory Flexibility Analysis 7(a)(35) of the Small Business Act. (December 19, 2014) (2015 NDAA). Alternatives: The SBA has provided Required: No. Small Entities Affected: Businesses. Alternatives: The proposed guidance on the SBA Express and regulations are required to implement Export Express loans in SOP 50 10 Government Levels Affected: None. Agency Contact: Dianna L. Seaborn, specific statutory provisions which Lender and Development Company Director, Office of Financial Assistance, require promulgation of implementing Programs. Small Business Administration, 409 regulations. Anticipated Cost and Benefits: While Anticipated Cost and Benefits: The the number of lenders and loans should Third Street SW, Washington, DC 20416, Phone: 202 205–3645, Email: benefit of the proposed regulation is a increase, SBA anticipates no additional significant improvement in the cost from this regulatory action because [email protected]. RIN: 3245–AG74 confidence of contracting officers to the Express programs have been in use make federal contract awards to eligible and performing for over 5 years. firms. Under the existing system, the Portfolio performance including burden of eligibility compliance was prepayment, default and recovery SBA placed upon the awarding contracting behaviors is already being captured in officer. Under this new proposed rule, the 7(a) program’s annual subsidy 120. Women-Owned Small Business and Economically Disadvantaged the burden is placed upon SBA. This calculation. will encourage more contracting officers Lenders who participate in the SBA Women-Owned Small Business— to set-aside opportunities for WOSB Express program agree to accept a lower Certification Program participants as the validation guaranty of 50 percent on loans of Priority: Other Significant. process will be controlled by SBA in $350,000 or less in return for delegated E.O. 13771 Designation: Other. both the System for Award Management authority and the ability to use forms, Legal Authority: Pub. L. 113–291, sec. procedures and policies that they 825; 15 U.S.C. 637(m) and the Dynamic Small Business already follow for similarly sized non- CFR Citation: 13 CFR 127. Search. SBA guaranteed commercial loans. This Legal Deadline: None. Risks: There is always a slight risk removes the additional layer of Abstract: Section 825 of the National that an agency will award a set aside documents and permits a lender to Defense Authorization Act for Fiscal contract to a firm that is ineligible. move more quickly to a decision and Year 2015 (NDAA), Public Law 113– Certification of firms prior to award will funding of small dollar small business 291, 128 Stat. 3292, Dec. 19, 2014, lessen this risk. loans. Cost to deliver is an important included language requiring that Timetable: consideration for lenders when women-owned small business concerns Action Date FR Cite assessing the benefits of participating and economically disadvantaged with SBA programs. Streamlined rules women-owned small business concerns ANPRM ...... 12/18/15 80 FR 78984 result in increased lender participation, are certified by a Federal agency, a State ANPRM Comment 02/16/16 particularly for community banks, credit government, the Administrator, or Period End. unions and other mission based lenders national certifying entity approved by NPRM ...... 01/00/18 who generally serve more of rural the Administrator as a small business communities and underserved concern owned and controlled by Regulatory Flexibility Analysis populations with small loans. While women. This rule will propose the Required: Yes. SBA does not have specific statistics, standards and procedures for Small Entities Affected: Businesses. cost savings to the lender generally participation in this certification Government Levels Affected: None. trickle down to the small business program. This rule will also propose to Agency Contact: Kenneth Dodds, applicant. Further, providing plain revise the procedures for continuing Director, Office of Policy, Planning and language regulatory guidance for the eligibility, program examinations, Liaison, Small Business Administration, SBA Express program will reduce protest and appeals. The proposed 409 3rd Street SW, Washington, DC improper payment risk for lenders and revisions will reflect public comments 20416, Phone: 202 619–1766, Fax: 202 SBA, by ensuring that lenders are fully that SBA received in response to the 481–2950, Email: kenneth.dodds@ informed and understand the program Advanced Notice of Proposed sba.gov. requirements. Rulemaking that the agency issued in RIN: 3245–AG75 The Export Express program provides December 2016 to solicit feedback on lenders with a 75–90 percent guaranty, implementation of the program. Finally, SBA is planning to continue to utilize as well as the authority to use their own SBA forms, procedures and policies to the new technology to improve its extent possible to reduce redundancy in efficiency and decrease small business Final Rule Stage documentation, time and costs burdens, and therefore, the new 121. Office of Women’s Business associated with underwriting export certification procedures will be based Ownership: Women’s Business Center loans up to and including $500,000. on an electronic application and Risks: The risk of not having certification process. Program regulations may impact the number of Statement of Need: Proposed rule to Priority: Other Significant. improper payments and/or denial of implement statutory requirement to E.O. 13771 Designation: Other. guarantee for lenders due to certify Women Owned Small Business Legal Authority: 15 U.S.C. 656

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CFR Citation: 13 CFR 131. Summary of Legal Basis: The WBC are also small. It is projected that a Legal Deadline: None. Program was created under the grants writer would take approximately Abstract: SBA’s Office of Women’s authority of Title II of the Women’s 20 hours to complete and submit the Business Ownership (OWBO) oversees a Business Ownership Act of 1988 (Pub. required application forms through network of SBA-funded Women’s L. 100–533). The WBC Program grants.gov. For a grants writer at an Business Centers (WBCs) throughout the authority is now codified in section 29 average of $30 per hour, this would cost United States and its territories. WBCs of the Act. Section 29(n)(3) of the Small approximately $600. These estimates are provide management and technical Business Act (the Act) directs the SBA based on the burden statements assistance to small business concerns Administrator to issue regulations to associated with the grants.gov both nascent and established, with a establish standards for requiring application forms and anecdotal focus on such businesses that are owned disclosures during a financial audit. information from Applicant and controlled by women, or on women Note, since its creation, the WBC Organizations to the WBC Program. planning to start a business, especially Program has changed through a number Therefore, the SBA has determined that women who are economically or of Pub. L.s that have turned the WBC the application section of the proposed socially disadvantaged. The training and Program from a Demonstration into a rule would not have a significant impact counseling provided by the WBCs permanent program. Laws that have on a substantial number of small encompass a comprehensive array of impacted the Program include: The entities. topics, such as finance, management Women’s Business Development Act of There are currently 110 entities that and marketing in various languages. 1991 (Pub. L. 102–191); The Women’s participate in the WBC Program, all of This rule will codify the requirements Business Centers Sustainability Act of which are small entities. However, the and procedures that govern the delivery, 1999 (Pub. L. 106–165): U.S. Troop SBA has determined that the impact on funding and evaluation of the Readiness, Veterans’ Care, Katrina these entities affected by the rule will management and technical assistance Recovery, and Iraq Accountability not be significant. The rule codifies provided under the WBC Program. The Appropriations Act of 2007 (Pub. L. current policies and procedures that are rule will address, among other things, 110–28); The Small Business Jobs Act of already achieved through a Cooperative the eligibility criteria for selection as a 2010 (Pub. L. 111–240); and the RISE Agreement with the SBA. It does not WBC, use of Federal funds, standards After Disaster Act of 2015 (Pub. L. 114– include new reporting requirements. for effectively carrying out program 88). Rather it standardizes existing policies Alternatives: The alternative to not yet duties and responsibilities, the to ensure transparency and consistency publish regulations, and continue to requirements for reporting on financial which in theory will reduce the cost to rely on grant documents to implement both the WBC participants and SBA. A and programmatic performance, and the WBC Program, is not one that SBA provisions regarding the collection and WBC participating in the WBC Program would like to exercise. Because the submits a Federal Financial Report and use of the individual WBC client data. statute specifically requires SBA to Statement of Need: There are attachments twice a year. The estimated publish regulations for the WBC burden for these reports is 2 hours twice currently no regulations that codify the Program, exercising this alternative legislative authority of the Agency to a year. The annual submission of a work would not be compliant. SBA believes plan is substantially less than the administer the Women’s Business that issuing regulations for the WBC Center (WBC). The Program started as a Application and is only to update any Program would establish and ensure changes from the initial Application. pilot in 1988 and a regulation governing long-lasting consistency in Program its operations was never promulgated The estimate for these forms on an implementation. annual basis is a total of 14 hours. For after it became a Program in 2007. The Anticipated Cost and Benefits: SBA a grants writer at $30 per hour, the Small Business Jobs Act of 2010 (Pub. analyzed the costs and benefits annual estimated cost would be $420. L. 111–240) amended Section 29(n) of associated with both the application the Small Business Act (the Act), 15 Risks: SBA believes that this rule process to become funded as a WBC and minimizes financial risk to the Agency U.S.C. 656, to direct the SBA the on-going operations for currently Administrator to issue regulations to and the program. The increased funded WBCs, as the populations are transparency of the program, including establish standards for requiring different for the application process and standard definitions and requirements, disclosures during a financial audit. In the existing WBCs. would help WBC Program participants order to meet this legislative This proposed rule could theoretically requirement, SBA must issue affect all nonprofit entities as the statute comply with applicable laws and regulations for the WBC program. requires that an entity be organized as statutes. The regulations would codify This rule finalizes proposed a nonprofit in order to participate. the actions the Agency is authorized to regulatory language that would codify According to the IRS, for tax year 2010, take when a non-federal entity does not this legislative authority as well as there were over 269,000 entities that comply with the program. This in turn streamline the policy and procedural filed returns as a 501(c)(3). As the reduces the risk that funds allocated to requirements of the Program currently application process is voluntary and the non-federal entities would be included in the Program Announcement does not require a nonprofit entity to misused, and therefore minimizes a and Notice of Award (NOA). This rule apply, the vast majority of nonprofits financial risk to the Agency. Timetable: also incorporates flexibilities allowable would not be affected. Over the past 5 during disasters enacted under the RISE years, there were a total of 133 new Action Date FR Cite After Disaster Act. Changes made with applications submitted for the WBC the publication of 2 CFR part 200 and Program averaging 25–35 applications ANPRM ...... 04/22/15 80 FR 22434 other federal grant requirements per year. The SF 424 (Application for ANPRM Comment 06/22/15 enforced over the past 28 years have Federal Assistance) on grants.gov does Period End. been incorporated. Once final, the rule’s not include a field for revenue size. NPRM ...... 11/22/16 81 FR 83718 implementation would result in Based on the majority of the entities NPRM Comment 01/23/17 Period End. standardization and transparency to being small, SBA can presume that the Final Rule ...... 03/00/18 Program delivery. majority of the Applicant Organizations

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Regulatory Flexibility Analysis Regulatory Reform • Update our Freedom of Information Required: No. We designate all of the proposed act policies to reflect recent legislation Government Levels Affected: None. regulations in this plan as ‘‘fully or (RIN 0960–AI07); and Agency Contact: Bruce D. Purdy, • partially exempt’’ under Executive Allow SSA to create two new Deputy Assistant Administrator, Office Order 13771. In compliance with the categories of Privacy Act exemptions, of Women’s Business Ownership, Small Administration’s Regulatory Reform enabling the retention of important Business Administration, Washington, efforts, as prescribed by Executive Order records (RIN 0960–AH97 and 0960– DC 20416, Phone: 202 205–7532, Email: 13771 and Executive Order 13777, SSA AI08). [email protected]. is committed to engaging in regulatory RIN: 3245–AG02 IV. Regulations in the Final Rule Stage activity only when strictly necessary BILLING CODE 8025–01–P and to reducing regulatory burden Our regulation in the final rule stage wherever possible. Accordingly, our will: • Make permanent the Attorney Unified Agenda and Regulatory Plan Advisor program, helping to reduce the include only those regulatory activities SOCIAL SECURITY ADMINISTRATION hearings backlog (RIN 0960–AI23). (SSA) needed to administer our Social Security benefits and payments Retrospective Review of Existing I. Statement of Regulatory Priorities programs. Moreover, the Agenda Regulations We administer the Retirement, includes de-regulatory items to remove Pursuant to section 6 of Executive Survivors, and Disability Insurance outdated regulatory sections from the Order 13563, ‘‘Improving Regulation programs under title II of the Social Code of Federal Regulations. Finally, we and Regulatory Review’’ (January 18, Security Act (Act), the Supplemental remain committed to innovate in ways 2011), SSA regularly engages in Security Income (SSI) program under that ease burdens on the public even retrospective review and analysis for title XVI of the Act, and the Special outside the realm of formal de- multiple existing regulatory initiatives. Veterans Benefits program under title regulation, such as through developing These initiatives may be proposed or VIII of the Act. As directed by Congress, online reporting and application tools. completed actions, and they do not we also assist in administering portions necessarily appear in The Regulatory of the Medicare program under title II. Regulations in the Prerule Stage Plan. You can find more information on XVIII of the Act. Our regulations codify Our regulation in the prerule stage the requirements for eligibility and will: these completed rulemakings in past entitlement to benefits and our • Help protect our claimants and publications of the Unified Agenda at procedures for administering these beneficiaries by asking for advance www.reginfo.gov in the ‘‘Completed programs. Generally, our regulations do input on which types of previous Actions’’ section for the Social Security not impose burdens on the private criminal histories, if any, should Administration. sector or on State or local governments, preclude someone from serving as an except for the States’ Disability organizational representative payee (RIN Determination Services. We fully fund 0960–AH79). SSA the Disability Determination Services in III. Regulations in the Proposed Rule Prerule Stage advance or via reimbursement for Stage necessary costs in making disability 122. Investigative Policies for Our regulations will: determinations. • Organizational Representative Payees The entries in our regulatory plan Comprehensively update the (plan) represent issues of major medical listings for evaluating Priority: Other Significant. importance to the Agency. Through our musculoskeletal disorders (RIN 0960– E.O. 13771 Designation: Fully or regulatory plan, we intend to: AG38); Partially Exempt. • A. Update the medical criteria used to Selectively update the medical Legal Authority: Not Yet Determined evaluate disability applications to keep listings for evaluating digestive, CFR Citation: Not Yet Determined. pace with medicine, science, cardiovascular, and skin disorders (RIN Legal Deadline: None. Abstract: This ANPRM will solicit technology, and workforce changes; 0960–AG65); B. Ensure quality decisions while • Ensure the accuracy of the data we public input about whether and how we carefully reducing the hearings backlog, collect by codifying our authority to should strengthen our investigative improving the disability appeals access and use electronic payroll data policies and practices for organizational process, and improving the integrity of (RIN 0960–AH88); representative payees. Currently, we • the disability determinations process; Propose to impose deadlines on obtain and verify an Employer C. Update SSA disability evaluation when claimant representatives must file Identification Number for organizational criteria, and ensure the accuracy of SSA fee petitions, to mandate standardized representative payee applicants. We do claimant and beneficiary data; registration for all individuals wishing not collect and verify the Social D. Protect SSA claimants and to be representatives, and will propose Security numbers of anyone in these beneficiaries through representative and to add educational requirements for organizations, and we do not conduct a representative payee rules and direct pay non-attorney representatives criminal background investigation on standards; (RIN 0960–AI22); any individual in these organizations. E. Combat Social Security fraud and • Clarify our rules regarding the We are considering how we should treat impose civil monetary penalties for redetermination of entitlement when organizational representative payee specific violations of the Social Security fraud or similar fault is involved. (RIN applicants who employ individuals Act, while also increasing overpayment 0960–AI10); convicted of certain crimes. collection thresholds for OASI and DI • Impose that SSA can assess the Statement of Need: Under our current benefit payments to be consistent with maximum allowable civil monetary policy, we prohibit persons convicted of SSI; and penalty for certain violations of the certain crimes from serving as a F. Update our Freedom of Information Social Security Act (RIN 0960–AH91 representative payee. We believe this Act and Privacy and Disclosure rules. and 0960–AI04); policy helps to protect beneficiaries

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from persons whose criminal history to subpart P of part 404 of our URL For Public Comments: indicates they may pose an increased regulations describe those www.regulations.gov. risk of exploiting vulnerable musculoskeletal system disorders that Agency Contact: Michael Goldstein, individuals. We believe a similar bar we consider severe enough to prevent a Social Insurance Specialist, Social policy should apply to individuals person from doing any gainful activity, Security Administration, Office of employed by organizational payees. or that cause marked and severe Medical Policy, 6401 Security Given the complexities of applying a functional limitations for a child. We Boulevard, Woodlawn, MD 21235–6401, criminal bar policy to individuals propose to revise the criteria in these Phone: 410 966–2733 Email: employed by organizational payees, we sections to reflect our adjudicative [email protected]. need public input on how to apply such experience, advances in medical Cheryl A. Williams, Director, Social a policy. knowledge and treatment of Security Administration, Office of Summary of Legal Basis: N/A musculoskeletal disorders, and Medical Policy, 6401 Security ANPRM. comments from medical experts. Boulevard, Baltimore, MD 21235–6401, Alternatives: None. Statement of Need: We propose to Phone: 410 965–1020, Email: Anticipated Cost and Benefits: N/A. revise the criteria in the Listing of [email protected]. This is a solicitation for public input. Impairments (listings) that we use to Brian J. Rudick, Social Insurance We do not anticipate that any proposal evaluate claims involving Specialist, Regulations Writer, Social we formulate from this ANPRM will musculoskeletal disorders in adults and Security Administration, Office of impose a cost on members of the public. children under titles II and XVI of the Regulations and Reports Clearance, Risks: None. Social Security Act (Act). These 6401 Security Boulevard, Baltimore, MD Timetable: proposed revisions reflect our 21235–6401, Phone: 410 965–7102, adjudicative experience, advances in Email: [email protected]. Action Date FR Cite medical knowledge and treatment of RIN: 0960–AG38 ANPRM ...... 05/00/18 musculoskeletal disorders, recommendations from medical experts, and comments we received in response Regulatory Flexibility Analysis SSA Required: No. to a final rule with request for public Small Entities Affected: No. comments that we published in 124. Update to the Comprehensive Government Levels Affected: None. November 2001. Medical Listings—Revised Medical URL For Public Comments: These rules are necessary to evaluate Criteria for Evaluating Digestive www.regulations.gov. claims for Social Security disability Disorders, Cardiovascular Disorders, Agency Contact: Eric Ice, Social benefits. and Skin Disorders Insurance Specialist, Social Security Summary of Legal Basis: Priority: Other Significant. Administration, Office of Income Administrative—not required by statute E.O. 13771 Designation: Fully or Security Programs, 6401 Security or court order. Partially Exempt. Boulevard, Baltimore, MD 21235–6401, Alternatives: We considered Legal Authority: 42 U.S.C. 402; 42 Phone: 410 966–3233, Email: continuing to use our current criteria. U.S.C. 405(a); 42 U.S.C. 405(b); 42 eric.ice.ssa.gov. However, we believe these proposed U.S.C. 405(d) to 405(h); 42 U.S.C. 416(i); Brian J. Rudick, Social Insurance revisions are necessary to ensure that 42 U.S.C. 421(a); 42 U.S.C. 421(i); 42 Specialist, Regulations Writer, Social our criteria reflect advances in medical U.S.C. 423; 42 U.S.C. 902(a)(5); 42 Security Administration, Office of knowledge and treatment since we last U.S.C. 1381a; 42 U.S.C. 1382c; 42 U.S.C. Regulations and Reports Clearance, revised these rules. 1383; 42 U.S.C. 1383b 6401 Security Boulevard, Baltimore, MD Anticipated Cost and Benefits: CFR Citation: 20 CFR 404.1500, app 1. 21235–6401, Phone: 410 965–7102, Anticipated costs and benefits—not yet Legal Deadline: None. Email: [email protected] determined. Abstract: Sections 4.00 and 104.00, RIN: 0960–AH79 Risks: We expect the public and Cardiovascular Systems; Sections 5.00 adjudicators to support the removal and and 105.00, Digestive Systems; and clarification of ambiguous terms and sections 8.00 and 108.00, Skin SSA phrases, and the addition of specific, Disorders, of appendix 1 to subpart P of demonstrable functional criteria for part 404 of our regulations describe Proposed Rule Stage determining listing-level severity of all those disorders that we consider severe 123. Revised Medical Criteria for musculoskeletal disorders. enough to prevent a person from doing We expect adjudicators to support the Evaluating Musculoskeletal Disorders any gainful activity, or that cause change in the framework of the text (3318P) marked and severe functional because it makes the guidance in the limitations for a child claiming Priority: Other Significant. introductory text and listings easier to Supplemental Security Income E.O. 13771 Designation: Fully or access and understand. payments under title XVI. We are Partially Exempt. Timetable: Legal Authority: 42 U.S.C. 402; 42 proposing to revise the criteria in these U.S.C. 405(a); 42 U.S.C. 405(b); 42 Action Date FR Cite sections to ensure that the medical U.S.C. 405(d) to 405(h); 42 U.S.C. 416(i); evaluation criteria are up-to-date and 42 U.S.C. 421(a); 42 U.S.C. 421(i); 42 NPRM ...... 01/00/18 consistent with the latest advances in U.S.C. 423; 42 U.S.C. 902(a)(5); 42 medical knowledge and treatment. U.S.C. 1381a; 42 U.S.C. 1382c; 42 U.S.C. Regulatory Flexibility Analysis Statement of Need: These rules are 1383; 42 U.S.C. 1383b Required: No. necessary to evaluate claims for Social CFR Citation: 20 CFR 404.1500, app 1. Small Entities Affected: No. Security disability benefits. Legal Deadline: None. Government Levels Affected: None. Summary of Legal Basis: Sections 4.00 Abstract: Sections 1.00 and 101.00, Additional Information: Includes and 104.00, Cardiovascular Systems; Musculoskeletal System, of appendix 1 Retrospective Review under E.O. 13563. Sections 5.00 and 105.00, Digestive

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Systems; and Sections 8.00 and 108.00, E.O. 13771 Designation: Fully or after the effective date of the change Skin Disorders, of appendix 1 to subpart Partially Exempt. assumed to be July 1, 2013. Under the P of part 404 of our regulations. Legal Authority: 31 U.S.C. 3716; 31 proposed regulation, withholding This proposed rule is not required by U.S.C. 3720A; 42 U.S.C. 404; 42 U.S.C. schedules negotiated before that date statute or court order. 405(a); 42 U.S.C. 902(a)(5); 42 U.S.C. would remain in place. For fiscal years Alternatives: We considered 1320b–17 2013 through 2017, we estimate an continuing to use our current criteria. CFR Citation: 20 CFR 404.502. increase in overpayment collections of However, we believe these proposed Legal Deadline: None. $137 million; and for fiscal years 2013 revisions are necessary because of Abstract: The numbers below present through 2022 we estimate an increase in advances in medical, technology, and the estimated effects on OASDI overpayment collections of $644 treatment since we last revised these overpayment collections of a regulatory million. rules. proposal to increase the minimum Risks: None. Anticipated Cost and Benefits: monthly benefit withholding from $10 Timetable: Ensuring that the medical evaluation to 10 percent of the benefit payable for criteria are up-to-date and consistent the month. Debtors could still pay less Action Date FR Cite with the latest advances in medical if the negotiated amount would allow knowledge, technology, and treatment for repayment of the debt in 36 months. NPRM ...... 06/00/18 will provide for accurate disability Under the proposed regulation, we evaluations. estimate that previously negotiated Regulatory Flexibility Analysis Costs: None. withholding schedules would remain in Required: No. Risks: None. place. For fiscal years 2013 through Small Entities Affected: No. Timetable: 2017, we estimate an increase in Government Levels Affected: overpayment collections of $137 Undetermined. Action Date FR Cite million; and for fiscal years 2013 URL For Public Comments: through 2022, we estimate an increase www.regulations.gov. ANPRM ...... 12/12/07 72 FR 70527 Agency Contact: Schelli Collins, ANPRM Comment 02/11/08 in overpayment collections of $644 million. Social Insurance Specialist, Social Period End. Security Administration, Office of NPRM ...... 04/00/18 Statement of Need: We propose to change the minimum monthly Income Security Programs, 6401 Regulatory Flexibility Analysis withholding amount for recovery of title Security Boulevard, Baltimore, MD Required: No. II benefit overpayments to reflect the 21235–6401, Phone: 410 965–1954. Small Entities Affected: No. increase in the average monthly title II Brian J. Rudick, Social Insurance Government Levels Affected: None. benefit since we established the current Specialist, Regulations Writer, Social Additional Information: Includes minimum of $10 in 1960. By changing Security Administration, Office of Retrospective Review under E.O. 13563. this amount from $10 to 10 percent of Regulations and Reports Clearance, URL For Public Comments: the monthly benefit payable, we would 6401 Security Boulevard, Baltimore, MD www.regulations.gov. recover overpayments more effectively 21235–6401, Phone: 410 965–7102, Agency Contact: Cheryl A. Williams, and better fulfill our stewardship Email: [email protected]. Director, Social Security obligations to the Federal Old-Age and RIN: 0960–AH42 Administration, Office of Medical Survivors Insurance Trust Fund and the Policy, 6401 Security Boulevard, Federal Disability Insurance Trust Fund. Baltimore, MD 21235–6401, Phone: 410 Summary of Legal Basis: 42 U.S.C. SSA 965–1020, Email: cheryl.a.williams@ 902(a)(5). ssa.gov. Alternatives: None. 126. Removing Ability To Communicate Joanna Firmin, Social Insurance Anticipated Cost and Benefits: The in English as a Vocational Factor Specialist, Social Security numbers below present the estimated Priority: Other Significant. Administration, Office of Medical effects on OASDI overpayment E.O. 13771 Designation: Fully or Policy, 6401 Security Boulevard, collections of a regulatory proposal to Partially Exempt. Baltimore, MD 21235–6401, Phone: 410 increase the minimum monthly benefit Legal Authority: 42 U.S.C. 402; 42 965–7782, Email: joanna.firmin@ withholding from $10 to 10 percent of U.S.C. 405(a) to 405(b); 42 U.S.C. 405(d) ssa.gov. the benefit payable for the month. to 405(h); 42 U.S.C. 416(i); 42 U.S.C. Brian J. Rudick, Social Insurance Debtors could still pay less if the 421(a); 42 U.S.C. 421(h) to (j); 42 U.S.C. Specialist, Regulations Writer, Social negotiated amount would allow for 422(c); 42 U.S.C. 423; 42 U.S.C. 425; 42 Security Administration, Office of repayment of the debt in 36 months. U.S.C. 902(a)(5) Regulations and Reports Clearance, The estimate is based on the historical CFR Citation: 20 CFR 404.1564, Part 6401 Security Boulevard, Baltimore, MD record of overpayment collections over 404 Subpart P Appendix; 20 CFR 21235–6401, Phone: 410 965–7102, the period January 2002 to December 416.964. Email: [email protected]. 2011, prepared for us by the Office of Legal Deadline: None. Related RIN: Related to 0960–AG74, Quality Performance. We used this file Abstract: We propose to revise Related to 0960–AG91 of individual-level data to compute existing disability evaluation rules RIN: 0960–AG65 what the collections would have been relating to the ability to communicate in had the 10-percent minimum been put English. Specifically, we will clarify in place at the beginning of this period. that an inability to communicate in SSA We used the same record to ascertain English is not tantamount to illiteracy or the growth in incurred debt over time, inadequate verbal communication. 125. Minimum Monthly Withholding which we then projected to the fiscal Rather, an inability to communicate Amount for Recovery of Title II Benefit year 2013–22 period. adequately verbally or in writing in any Overpayments (3752P) The proposal is effective for partial- language will be the effective standard. Priority: Other Significant. withholding agreements, negotiated The proposed revisions will reflect

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current research, analysis of our to help administer the disability and SSI misrepresentations, or omissions in disability program data, Federal agency programs and prevent improper connection with obtaining or retaining data about workforce participation, and payments. SSA benefits or payments. Section 813 comments we received from the public Statement of Need: In accordance also establishes a new felony for in response to an Advance Notice of with the Bipartisan Budget Act of 2015, conspiracy to commit Social Security Proposed Rulemaking. section 824; the Commissioner of Social fraud, increases felony penalties for Statement of Need: These changes Security has the authority to enter into individuals in positions of trust who would modernize our disability program an information exchange with a payroll defraud the SSA, and disqualifies consistent with current research and or data provider, allowing us to individuals from receiving benefits data about disability and workforce efficiently administer monthly during a trial work period if they are participation. insurance and supplemental security assessed a civil monetary penalty for Summary of Legal Basis: 42 U.S.C. income benefits, while preventing concealing work activity. 902(a)(5). Multiple sections of the Social improper payments. Statement of Need: Upon enactment Security Act. No aspect is required by Summary of Legal Basis: Bipartisan of the BBA on November 2, 2015, civil statute or court order. Budget Act of 2015, section 824. monetary penalties for individuals in a Alternatives: Undetermined at this Alternatives: None. position of trust took effect time. Anticipated Cost and Benefits: The immediately. Imposing penalties against Anticipated Cost and Benefits: No costs below represent estimated costs to individuals in a position of trust assists costs on the public are anticipated as a the Agency for implementation of this in deterring fraud and maintaining the result of this proposed rule. Benefits rule: integrity of SSA’s disability programs. include more consistent and appropriate FY18: $7,305,164. The regulations at 20 CFR 498 should be evaluations of vocational factors by FY19: $1,753,675. updated to reflect the BBA’s provisions. eliminating the false equivalence FY20: $1,753,675. Summary of Legal Basis: Section 813 between an inability to communicate in FY21: $1,753,675. of the Bipartisan Budget Act of 2015. English and illiteracy. FY22: $1,753,675. Alternatives: none. Risks: Risks: To be determined. Anticipated Cost and Benefits: SSA Timetable: Timetable: projects no anticipated costs on the public with completing this regulatory Action Date FR Cite Action Date FR Cite action. Costs for the agency are as yet NPRM ...... 06/00/18 undetermined, but are expected to be NPRM ...... 05/00/18 mostly administrative in nature. Benefits include strengthening our civil Regulatory Flexibility Analysis Regulatory Flexibility Analysis monetary assessment processes. Required: Undetermined. Required: No. Risks: No risk is anticipated since this Government Levels Affected: None. Small Entities Affected: No. regulatory action reflects statutory URL For Public Comments: Government Levels Affected: None. requirements and authority. www.regulations.gov. Agency Contact: Elizabeth Teachey, Timetable: Agency Contact: Daniel O’Brien, Director, Social Security Administration, SSA: OISP/OEMP/ Director, Social Security Action Date FR Cite Administration, Office of Ticket DHSLT, 6401 Security Boulevard, Operations and Provider Support, Office Woodlawn, MD 21235, Phone: 410 965– NPRM ...... 08/00/18 of Employment Support Programs, 6401 9145, Email: [email protected]. Security Boulevard, Baltimore, MD Eric Skidmore, Social Insurance Regulatory Flexibility Analysis 21235–6401, Phone: 410 597–1632. Specialist, Social Security Required: No. William P. Gibson, Social Insurance Administration, Office of Income Small Entities Affected: No. Specialist, Regulations Writer, Social Security Programs, 6401 Security Government Levels Affected: None. Security Administration, Office of Boulevard, Baltimore, MD 21235, Agency Contact: Kathi Moore, Regulations and Reports Clearance, Phone: 410 597–1833, Email: Director, OPRD, DCBFM/OFPO, Social 6401 Security Boulevard, Baltimore, MD [email protected]. Security Administration, Office of 21235–6401, Phone: 410 966–9039, RIN: 0960–AH88 Financial Policy and Operations, 6401 Email: [email protected]. Security Boulevard, Baltimore, MD RIN: 0960–AH86 21235–6401, Phone: 410 965–0624. SSA RIN: 0960–AH91. 128. Newer and Stronger Penalties SSA (Conforming Changes) SSA 127. Use of Electronic Payroll Data To Priority: Other Significant. Improve Program Administration E.O. 13771 Designation: Fully or 129. Privacy Act Exemption: Personnel Priority: Other Significant. Partially Exempt. Security and Suitability Program Files E.O. 13771 Designation: Fully or Legal Authority: Bipartisan Budget Priority: Other Significant. Partially Exempt. Act of 2015, sec. 813; 42 U.S.C. E.O. 13771 Designation: Fully or Legal Authority: Bipartisan Budget 1320a–8 Partially Exempt. Act of 2015 sec. 824 CFR Citation: 20 CFR 498. Legal Authority: 5 U.S.C. 522a; 5 CFR Citation: Not Yet Determined. Legal Deadline: None. U.S.C. 553 Legal Deadline: None. Abstract: Section 813 of the BBA CFR Citation: 20 CFR 401.85. Abstract: We propose to implement establishes civil monetary penalties in Legal Deadline: None. the Commissioner’s access to and use of section 1129 of the Social Security Act Abstract: This NPRM will propose to the information held by payroll against individuals in a position of trust create a Security and Suitability Files providers. The Agency will use this data that make false statements, system to cover any additional security

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and suitability related information Security Administration, Office of Agency Contact: Ranju Shrestha, generated by SSA that is not sent to the Regulations and Reports Clearance, Chief Counsel to the Inspector General, Office of Personnel Management. We 6401 Security Boulevard, Baltimore, MD Social Security Administration, 6401 will use the information we collect to 21235–6401, Phone: 410 966–9039, Security Blvd., Woodlawn, MD 21235, conduct background investigations and Email: [email protected]. Phone: 410 966–4440, Email: establish that applicants or incumbents, RIN: 0960–AH97 [email protected]. either employed by SSA or working for RIN: 0960–AI04 SSA under contract, are suitable for employment with us. Additionally, the SSA NPRM will propose to remove two SSA unused systems listed in our 130. References to Social Security and regulations. Medicare in Electronic 131. Availability of Information and Statement of Need: We are required to Communications Records to the Public amend our Code of Federal Regulations Priority: Other Significant. Priority: Other Significant. (CFR) when a new system of records is E.O. 13771 Designation: Fully or E.O. 13771 Designation: Fully or instituted within the agency that Partially Exempt. Partially Exempt. exempts certain records from disclosure. Legal Authority: Bipartisan Budget Legal Authority: Pub. L. 114–185, Here, we are creating a new system of Act of 2015, sec. 814; 42 U.S.C. 1320b– FOIA Reform Act of 2016, 5 U.S.C. 552 records and an exemption to disclosure 10 CFR Citation: 20 CFR 402. of some of those records, necessitating CFR Citation: 20 CFR 498. Legal Deadline: Other, Statutory, a new system of records disclosure in Legal Deadline: None. December 27, 2016, FOIA Reform Act our CFR. Abstract: Section 814 of the BBA 2016. Other, Statutory, 12/27/2016, This update will replace the two clarifies that electronic and internet FOIA Reform Act 2016 following systems of records currently communications are included in the Abstract: Revisions of our FOIA reflected in 401.85: prohibitions against misusing SSA’s regulations will address the (iii) Pursuant to subsection (k)(5) of names, symbols and emblems to convey requirements of the FOIA Improvement the Privacy Act: the false impression that such items are Act of 2016 and ensure that our (A) The Investigatory Material approved, endorsed, or authorized by regulations are consistent with all Compiled for Security and Suitability SSA, as stated in Section 1140 of the applicable laws. Purposes System, SSA; and, Social Security Act. In addition, it treats Statement of Need: Revisions of our (B) The Suitability for Employment each dissemination, viewing, or FOIA regulation will address the Records, SSA. requirements of the FOIA Improvement Summary of Legal Basis: In accessing of a communication as a Act of 2016 and ensure that our accordance with the Privacy Act (5 separate violation. regulations are consistent with all U.S.C. 552a), and Subsection (k)(5) of Statement of Need: Section 814 of the BBA took effect upon enactment. applicable laws. the Privacy Act, we are issuing public Summary of Legal Basis: FOIA Reform notice of our intent to establish a new However, our regulations do not currently reflect this statutory change. Act of 2016, 5 U.S.C. 552. system of records. Alternatives: None. Alternatives: There is no alternative. Imposing penalties against individuals in a position of trust assists in deterring Anticipated Cost and Benefits: There Failure to amend our CFR, while using are no anticipated costs to the a new system of records, would be fraud and maintaining the integrity of SSA’s disability programs. The implementation of the statutory contrary to the statutory authority and requirements. intent of 5 U.S.C. 552. regulations at 20 CFR 498 should be updated to reflect the BBA’s provisions. Risks: Anticipated Cost and Benefits: There Timetable: are no anticipated costs. We stand to Summary of Legal Basis: The legal basis for this action is section 814 of the benefit through better administrative Action Date FR Cite efficiency by updating the systems we Bipartisan Budget Act of 2015, which use for accurately tracking investigatory went into effect on November 2, 2015. NPRM ...... 07/00/18 employment records. 42 U.S.C. 1320b–10 Risks: Violation of the Privacy Act Alternatives: None. Regulatory Flexibility Analysis and OMB requirements. Anticipated Cost and Benefits: There Required: No. Timetable: are no anticipated costs associated with Small Entities Affected: No. this regulatory action. However, the Government Levels Affected: Federal. Action Date FR Cite benefit of this regulatory action is that Agency Contact: Monica Chyn, it will clarify the applicability of section Division Director, Social Security NPRM ...... 03/00/18 1140 to electronic and internet Administration, Office of General communications and minimize Counsel, Office of Privacy and Regulatory Flexibility Analysis unnecessary litigation as to the Disclosure, 6401 Security Boulevard, Required: No. applicability of the section 1140 statute. Small Entities Affected: No. Woodlawn, MD 21235, Phone: 410 965– Risks: None. 0817, Email: [email protected]. Government Levels Affected: None. Timetable: Agency Contact: Pamela Carcirieri, RIN: 0960–AI07 Division Director, Social Security Action Date FR Cite Administration, Office of General Counsel––Policy Disclosure, 6401 NPRM ...... 08/00/18 SSA Security Boulevard, Woodlawn, MD 21235–6401, Phone: 410 965–0355, Regulatory Flexibility Analysis 132. Privacy Act Exemption: Social Email: [email protected]. Required: No. Security Administration Violence and William P. Gibson, Social Insurance Small Entities Affected: Businesses. Reporting System (SSAVERS) Specialist, Regulations Writer, Social Government Levels Affected: None. Priority: Other Significant.

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E.O. 13771 Designation: Fully or entitlement or eligibility of individuals Security Administration, Office of Partially Exempt. when there is reason to believe fraud or Regulations and Reports Clearance, Legal Authority: 5 U.S.C. 552a similar fault was involved in the 6401 Security Boulevard, Baltimore, MD CFR Citation: 20 CFR 401.85. individual’s application for benefits. We 21235–6401, Phone: 410 966–9039, Legal Deadline: None. intend to clarify how and when we Email: [email protected]. Abstract: This NPRM will propose to redetermine the entitlement, and the RIN: 0960–AI10 create the Social Security administrative review process when we Administration Violence Evaluation and decide to terminate benefits. Reporting System (SSAvers) to cover Statement of Need: Over time, our information we collect about employees, business processes evolved to support SSA contractors, and members of the public our statutory redetermination authority. 134. • Changes to the Requirements for who are allegedly involved in, or We are now codifying the basic Claimant Representation witness incidents of workplace or parameters for redetermination, domestic violence. including relevant definitions, Priority: Other Significant. Statement of Need: This NPRM will clarification of notice and E.O. 13771 Designation: Fully or propose to create a new system of redetermination procedures, as well as a Partially Exempt. records entitled ‘Social Security process for administratively reviewing Legal Authority: 42 U.S.C. 406 Administration Violence Evaluation and redetermination termination and CFR Citation: 20 CFR part 404 Reporting System (SSAvers)’ to cover overpayment assessment decisions Subpart R; 20 CFR part 404 Subpart O; any information we collect about under secs. 205(u) and 1631(e)(7) of the 20 CFR 404.1717(a)(3); 20 CFR employees, contractors, and members of Act, in order to provide the public the 416.1517(a)(3). the public who are allegedly involved opportunity for comment under the Legal Deadline: None. in, or witness incidents of workplace or Administrative Procedures Act while domestic violence. It is required for Abstract: We propose to make providing our customers and their changes to the requirements for compliance with the Privacy Act. representatives the ability to find our Summary of Legal Basis: The Privacy representing claimants. Specifically, we redetermination process within our plan to impose a deadline(s) on when Act of 1974 (5 U.S.C. 552a). regulatory text. Alternatives: None. representatives must file their fee Anticipated Cost and Benefits: There Summary of Legal Basis: Sections petitions and all supporting documents are no anticipated costs to the operation 205(u), 1129(l), and 1631(e)(7) of the and to prohibit representatives from of this system. Social Security Act. 42 U.S.C. 405(u)(1), merely stating their intent to file a fee Risks: There are no risks for the 1320a–8(l), and 1383(e)(7). 206(d) of petition. We also propose to mandate operation of this system of records. Public Law 103–296, the Social Security registration and use of a prescribed form Timetable: Independence and Program (SSA–1696) from all representatives Improvements Act of 1994, 108 Stat. who are or wish to be appointed as a Action Date FR Cite 1464, 1509. representative. Additionally, we Alternatives: We could continue to proposed to add educational NPRM ...... 05/00/18 manage our redetermination processes requirements at the Associate’s level for and procedures under our statutory direct pay non-attorney representatives. Regulatory Flexibility Analysis authority and sub-regulatory guidances. Required: No. Anticipated Cost and Benefits: Statement of Need: This regulation Small Entities Affected: No. Without enumerated regulations, we will address procedures we intend to Government Levels Affected: None. may experience additional litigation implement regarding how we handle Agency Contact: Pamela Carcirieri, alleging lack of due process and representatives, which improves our Division Director, Social Security violation of the Administrative administrative efficiency. We will Administration, Office of General Procedures Act. change to the representative fee petition Counsel—Policy Disclosure, 6401 Risks: Without enumerated and alleviate a significant workload Security Boulevard, Woodlawn, MD regulations, we may experience burden on Office of Hearings Operations 21235–6401, Phone: 410 965–0355, litigation alleging lack of due process (OHO) and Operations. We will Email: [email protected]. and violation of the Administrative mandate representative registration and RIN: 0960–AI08 Procedures Act. completion of Form SSA–1696, critical Timetable: requirements for our implementation of the Registration, Appointment and SSA Action Date FR Cite Services for Representatives system (RASR). We will add educational 133. Redeterminations When There Is a NPRM ...... 04/00/18 requirements for non-attorneys who Reason to Believe Fraud or Similar seek direct fee payment. Fault Was Involved in an Individual’s Regulatory Flexibility Analysis Summary of Legal Basis: 42 U.S.C Application for Benefits Required: No. 902(a)(5), 42 U.S.C. 406. Small Entities Affected: No. Priority: Other Significant. Alternatives: E.O. 13771 Designation: Fully or Government Levels Affected: None. Agency Contact: Lindsay Norris, Anticipated Cost and Benefits: We are Partially Exempt. in the early planning stage and data Legal Authority: 205(u) and 1631(e)(7) Attorney, Social Security gathering for this rulemaking. and 1129(l) of the Social Security Act; Administration, Office of General Anticipated costs and benefits are too 42 U.S.C. 405(u); 42 U.S.C. 1383(E)(7); Counsel, Office of Program Law, 6401 early to formally project, but we expect 42 U.S.C. 1320a–8(l) Security Boulevard, Woodlawn, MD CFR Citation: Not Yet Determined. 21235, Phone: 410 966–4970, Email: no more than a de minimis costs, if any, Legal Deadline: None. [email protected]. at this time. Abstract: We are clarifying our rules William P. Gibson, Social Insurance Risks: regarding the redetermination of the Specialist, Regulations Writer, Social Timetable:

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Action Date FR Cite Action Date FR Cite The FAR Council’s Regulatory Philosophy and Principles NPRM ...... 09/00/18 Direct Final Rule 02/00/18 Executive Order 13777, ‘‘Enforcing the Regulatory Reform Agenda’’ Regulatory Flexibility Analysis Regulatory Flexibility Analysis (February 24, 2017), required GSA to Required: No. Required: No. appoint a Regulatory Reform Officer to Small Entities Affected: No. Small Entities Affected: No. oversee the implementation of Government Levels Affected: None. regulatory reform initiatives and Agency Contact: Daniel O’Brien, Government Levels Affected: None. policies and establish a Regulatory Director, Social Security Agency Contact: Patrick McGuire, Reform Task Force (Task Force) to Administration, Office of Ticket Acting Director Program Analysis Staff, review and evaluate existing regulations Operations and Provider Support, Office Social Security Administration, 5107 and make recommendations to the of Employment Support Programs, 6401 Leesburg Pike, Falls Church, VA 22041, agency head regarding their repeal, Security Boulevard, Baltimore, MD Phone: 703 605–7109, Email: replacement, or modification, consistent 21235–6401, Phone: 410 597–1632. [email protected]. with applicable law. RIN: 0960–AI22 Brian J Rudick, Social Insurance These reform initiatives and policies Specialist, Regulations Writer, Social include Executive Order 13771, Security Administration, Office of ‘‘Reducing Regulation and Controlling Regulatory Costs’’ (January 30, 2017), SSA Regulations and Reports Clearance, 6401 Security Boulevard, Baltimore, MD section 6 of Executive Order 13563, Final Rule Stage 21235–6401, Phone: 410 965–7102, ‘‘Improving Regulation and Regulatory • Email: [email protected]. Review’’ (January 18, 2011), and 135. Making Permanent the Attorney Executive Order 12866. Advisor Program RIN: 0960–AI23 All of the FAR Council’s rulemakings Priority: Other Significant. Major BILLING CODE 4191–02–P are based on requirements of executive status under 5 U.S.C. 801 is orders, laws, and other agency undetermined. rulemakings that are based on laws, E.O. 13771 Designation: Fully or Office of Management and Budget Partially Exempt. FEDERAL ACQUISITION REGULATION policy guidance or GAO (FAR) Legal Authority: 42 U.S.C. 902(a)(5); recommendations. The Council dose very little discretionary rulemaking. 42 U.S.C. 1383; 42 U.S.C. 1383b The Federal Acquisition Regulation CFR Citation: 20 CFR 404.942; 20 CFR (FAR) is the principal set of rules Dated: September 19, 2017. 416.1442. governing the acquisition process for William Clark, Legal Deadline: None. acquiring goods and services from Director, Office of Government-wide Abstract: The Agency is making planning, through contract formation, Acquisition Policy, Office of Acquisition permanent the Attorney Advisory and contract administration. It regulates Policy, Office of Government-wide Policy. Program to continue reducing the the activities of Executive Branch BILLING CODE 6820–EP–P hearings backlog and enhance the government personnel in carrying out service we provide to the public. that process. Specifically, the attorney advisor The FAR was issued pursuant to the FAR initiative is an integral tool that permits Office of Federal Procurement Policy some attorney advisors to develop Act of 1974. The FAR Council Proposed Rule Stage claims, including holding prehearing membership consists of: The 136. • Federal Acquisition Regulation conferences, and, in cases in which the Administrator for Federal Procurement documentary record clearly establishes (FAR); FAR Case 2018–002, Protecting Policy and the Secretary of Defense, the a fully favorable decision is warranted, Life in Global Health Assistance Administrator of National Aeronautics issue fully favorable decisions before a Priority: Other Significant. and Space; and the Administrator of hearing is conducted. E.O. 13771 Designation: Other. General Services. Statutory authority to Legal Authority: 40 U.S.C. 121(c); 10 Statement of Need: Given the historic issue and maintain the FAR resides with nature of the disability hearings backlog, U.S.C. 137; 51 U.S.C. 20113 the Secretary of Defense, the CFR Citation: 48 CFR 2; 48 CFR 37; the agency will prioritize scheduling Administrator of General Services, and more hearing faster while ensuring 48 CFR 52. the Administrator of the National Legal Deadline: None. quality decisions. Permanency of the Aeronautics and Space Administration Abstract: DoD, GSA, and NASA are attorney advisor program gives the subject to the approval of the proposing to amend the Federal agency a way for some attorney advisors Administrator of Federal Procurement Acquisition Regulation (FAR) to to develop claims, including holding Policy. It was established to codify implement Presidential Memorandum, pre-hearing conferences, and in some uniform policies for acquisition of entitled the Mexico City Policy, issued cases issue fully favorable decisions supplies and services by agencies. on January 13, 2017, in accordance with before a hearing is conducted. Statutory authorities to issue and revise the Department of State’s Summary of Legal Basis: None. the FAR have been delegated to the implementation plan dated May 9, 2017. Alternatives: None. procurement executives in the This rule would extend requirements of Anticipated Cost and Benefits: Any Department of Defense (DoD), the the memorandum and plan to new costs associated with this program General Services Administration (GSA), funding agreements for global health would be administrative and are and National Aeronautics and Space assistance furnished by all departments expected to be minimal to zero. Administration (NASA). The FAR or agencies. This expanded policy will Risks: None. System is codified at Title 48, Chapter cover global health assistance to include Timetable: 1 of the Code of Federal Regulations. funding for international health

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programs, such as those for HIV/AIDS, These authorities include the ability to contributed to the nation’s most maternal and child health, malaria, issue regulations under more than a significant financial crisis in several global health security, and certain dozen Federal consumer financial laws. decades. Since 2013, the Bureau has family planning and reproductive As provided in section 1021 of the issued regulations as directed by the health. Dodd-Frank Act, the purpose of the Dodd-Frank Act to implement certain Statement of Need: Protecting Life in CFPB is to implement and enforce protections for mortgage originations Global Health Assistance. This case Federal consumer financial laws and servicing, integrate various Federal implements Presidential Memorandum, consistently for the purpose of ensuring mortgage disclosures, and amend entitled the Mexico City Policy, issued that all consumers have access to mortgage reporting requirements under on January 13, 2017. This rule would markets for consumer financial products the Home Mortgage Disclosure Act extend requirements of the and services and that such markets are (HMDA). The Bureau is conducting memorandum. The expanded policy fair, transparent, and competitive. The follow-up rulemakings as warranted to will cover global health assistance to CFPB is authorized to exercise its address issues that have arisen during include funding for international health authorities for the purpose of ensuring the implementation process for these programs, such as those for HIV/AIDS, that, with respect to consumer financial rules and to provide greater clarification maternal and child health, malaria, products and services: and certainty to financial services global health security, and certain (1) Consumers are provided with providers. As discussed below, the family planning and reproductive timely and understandable information Bureau has begun the preparation of health. (FAR Case 2018–002). to make responsible decisions about reports assessing significant rules Summary of Legal Basis: financial transactions; implementing provisions of the Dodd- Alternatives: (2) Consumers are protected from Frank Act. Anticipated Cost and Benefits: unfair, deceptive, or abusive acts and The Bureau is also working to Risks: practices and from discrimination; implement section 1071 of the Dodd- Timetable: (3) Outdated, unnecessary, or unduly Frank Act, which amends ECOA to burdensome regulations are regularly require financial institutions to report Action Date FR Cite identified and addressed in order to information concerning credit reduce unwarranted regulatory burdens; applications made by women-owned, NPRM ...... 06/00/18 (4) Federal consumer financial law is minority-owned, and small businesses. NPRM Comment 09/00/18 Period End. enforced consistently, without regard to This rulemaking could provide critical status of a person as a depository information about how these Regulatory Flexibility Analysis institution, in order to promote fair businesses—which are critical engines Required: Yes. competition; and for economic growth—access credit. The Small Entities Affected: Businesses, (5) Markets for consumer financial Bureau held a public hearing on this Governmental Jurisdictions. products and services operate subject in spring 2017, and released a Government Levels Affected: Federal. transparently and efficiently to facilitate white paper summarizing preliminary URL For More Information: access and innovation. research on the small business lending market. In May 2017, the Bureau also www.regulations.gov. CFPB Regulatory Priorities URL For Public Comments: issued a Request for Information seeking www.regulations.gov. The CFPB’s regulatory priorities for public comment on, among other things, Agency Contact: Michael O. Jackson, the period from November 1, 2017, to the types of credit products offered and Procurement Analyst, DOD/GSA/NASA October 31, 2018, include continuing the types of data currently collected by (FAR), 1800 F Street NW, Washington, rulemaking activities to (1) Implement lenders in this market and the potential DC 20405, Phone: 202 208–4949, Email: statutory directives; (2) address market complexity, cost of, and privacy issues [email protected]. failures, facilitate fair competition related to, small business data RIN: 9000–AN62 among financial service providers, and collection. The information received improve consumer understanding; and will help the Bureau determine how to BILLING CODE 6820–EP–P (3) modernize, clarify, and streamline implement the rule effectively and consumer financial regulations to minimize burdens on lenders. reduce unwarranted regulatory burdens. FALL 2017 STATEMENT OF Addressing Market Failures, Facilitating Bureau Regulatory Efforts To Implement REGULATORY PRIORITIES Fair Competition Among Financial Statutory Directives Services Providers, and Improving CFPB Purposes and Functions Much of the Bureau’s rulemaking Consumer Understanding The Bureau of Consumer Financial work is focusing on implementing The Bureau is considering rules in Protection (CFPB or Bureau) was directives mandated in the Dodd-Frank places where there are substantial established in 2010 as an independent Act and other statutes. As part of these market failures that make it difficult for bureau of the Federal Reserve System by rulemakings, the Bureau is working to consumers to engage in informed the Dodd-Frank Wall Street Reform and achieve the consumer protection decision making and otherwise protect Consumer Protection Act (Pub. L. 111– objectives of the statutes while their own interests. In addition, the 203, 124 Stat. 1376) (Dodd-Frank Act). minimizing regulatory burden on Dodd-Frank Act directs the Bureau to Pursuant to the Dodd-Frank Act, the financial services providers and focus on activities that promote fair CFPB has rulemaking, supervisory, facilitating a smooth implementation competition among financial services enforcement, and other authorities process for both industry and providers, which itself has substantial relating to consumer financial products consumers. benefits for consumers. and services. Among these are the For example, the Bureau is continuing For example, the Bureau released a consumer financial protection efforts to facilitate implementation of Notice of Proposed Rulemaking in June authorities that transferred to the CFPB critical consumer protections under the 2016, building on several years of from seven Federal agencies on the Dodd-Frank Act that guard against research documenting consumer harms designated transfer date, July 21, 2011. mortgage market practices that from practices related to payday loans,

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auto title loans, and other similar credit programs on checking accounts. After to these products. The Bureau expects to products. In particular, the Bureau is several years of research, the Bureau issue a final rule in fall 2017. concerned that product structure, lack believes that there are consumer Modernizing, Streamlining, and of underwriting, and certain other protection concerns with regard to these Clarifying Consumer Financial lender practices are interfering with programs. Consumers do not shop based Regulations consumer decision making with regard on overdraft fee amounts and policies, to such products and trapping large and the market for overdraft services The Bureau’s third group of activities numbers of consumers in extended does not appear to be competitive. concerns modernizing, streamlining, cycles of debt that they do not expect. Under the current regulatory regime and clarifying consumer financial The Bureau is also concerned that consumers can opt in to permit their regulations and other activities to certain lenders’ payment collection financial institution to charge fees for reduce unwarranted regulatory burden practices are causing substantial harm to ATM and point-of-sale debit overdrafts, and facilitate consumer-friendly consumers, including substantial but the complexity of the system may innovation and increased access to unexpected fees and heightened risk of complicate consumer decision making. consumer financial markets as directed losing their checking accounts. The Despite widespread use of disclosure by the Dodd-Frank Act. Since most of Bureau received more than one million forms, the regime produces substantially the Federal consumer financial laws comments in response to the proposal different opt-in rates across different that the Bureau administers were and is carefully considering how best to depository institutions and the Bureau’s enacted in the 1960s and 1970s, there is address concerns raised in the proposal supervisory and enforcement work often substantial demand for these in a manner consistent with the indicates that some institutions are activities from both industry and Bureau’s objectives under the Dodd- aggressively steering consumers to opt consumer advocates alike. The Bureau is also beginning work Frank Act. in. The CFPB is engaged in consumer this fall on the first in a series of reviews The Bureau is also engaged in testing of revised opt-in forms and of existing regulations that it inherited rulemaking activities regarding the debt considering whether other regulatory from other agencies through the transfer collection market, which continues to changes may be warranted to enhance of authorities under the Dodd-Frank be a top source of complaints to the consumer decision making. Act. The Bureau had previously sought Bureau. The Bureau is concerned that, In addition, the Bureau is continuing because consumers cannot choose their feedback on the inherited rules as a rulemaking activities that will ensure whole, and identified and executed debt collectors or ‘‘vote with their feet,’’ meaningful supervision of non-bank consumers have less ability to protect burden reduction projects from that financial services providers in order to themselves from harmful practices. In undertaking. The Bureau has largely create a more level playing field for January 2017, the Bureau published the completed those initial projects and depository and non-depository results of a survey of consumers about believes that the next logical step is to institutions. Under section 1024 of the their experiences with debt collection. review individual regulations—or Dodd-Frank Act, the CFPB is authorized The Bureau has also received portions of large regulations—in more to supervise ‘‘larger participants’’ of encouragement from industry to engage detail to identify opportunities to clarify markets for various consumer financial in rulemaking to resolve conflicts in ambiguities, address developments in products and services as defined by case law and address issues of concern the marketplace, or modernize or Bureau rule. The Bureau has defined the under the Fair Debt Collection Practices streamline provisions. The Bureau notes Act (FDCPA), such as the application of threshold for larger participants in that other Federal financial services the 40-year-old statute to modern several markets in past rulemakings, regulators have engaged in these types communication technologies. The and is now working to develop a of reviews over time and believes that Bureau released an outline of proposals proposed rule that would define non- such an initiative would be a natural under consideration in July 2016, bank ‘‘larger participants’’ in the market complement to its work to facilitate concerning practices by companies that for personal loans, including consumer implementation of new regulations. are ‘‘debt collectors’’ under the FDCPA, installment loans and vehicle title loans. For its first review, the Bureau in advance of convening a panel under The Bureau is also considering whether expects to focus primarily on Subparts the Small Business Regulatory rules to require registration of these or B and G of Regulation Z, which Enforcement Fairness Act (SBREFA) in other non-depository lenders would implement TILA with respect to open- conjunction with the Office of facilitate supervision, as has been end credit generally and credit cards in Management and Budget and the Small suggested to the Bureau by both particular. As part of this general effort, Business Administration’s Chief consumer advocates and industry the Bureau is considering rules to Counsel for Advocacy to consult with groups. modernize the Bureau’s database of representatives of small businesses that The Bureau’s October 2016, credit card agreements to reduce burden might be affected by the rulemaking. rulemaking concerning prepaid on issuers that submit credit card The Bureau expects to release a financial products also advanced agreements to the Bureau and make the proposed rule in late 2017 concerning fairness and consistency objectives by database more useful for consumers and FDCPA collectors’ communications creating a uniform disclosure regime the general public. The Credit Card practices and consumer disclosures. The and providing basic protections similar Accountability Responsibility and Bureau intends to follow up separately to those enjoyed by users of debit cards Disclosure Act of 2009 (CARD Act) at a later time about concerns regarding and credit cards. In April 2017, the requires credit card issuers to post their information flows between creditors and Bureau extended the general effective credit card agreements to their internet FDCPA collectors and about potential date of the rule to April 1, 2018. In June site, and submit those agreements to the rules to govern creditors that collect 2017, the Bureau issued a proposal that Bureau to be posted on an internet site their own debts. would make targeted changes to the maintained by the Bureau. The Bureau The Bureau is also engaged in policy 2016 prepaid rule to reduce believes an improved submission analysis and further research initiatives implementation and compliance process and database would be more in preparation for a potential burdens on the industry and ensure efficient for both industry and the rulemaking regarding overdraft consumer understanding of and access Bureau and would allow consumers and

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the general public to access and analyze • obtains repair, replacement, or consumers the best choice of products information more easily. refunds for defective products that and services at the lowest prices. present a substantial product hazard; The Commission pursues its goal of In addition to these rulemaking • activities noted in the Unified Agenda, develops information and education promoting competition in the marketplace through two different but the Bureau is conducting other activities campaigns about the safety of consumer complementary approaches. Through its to modernize, streamline, and clarify products; • consumer protection activities, the consumer financial regulatory activities. participates in the development or Commission seeks to ensure that For example, section 1022(d) of the revision of voluntary product safety consumers receive accurate, truthful, Dodd-Frank Act specifically directs the standards; and • follows statutory mandates. and non-misleading information in the Bureau to assess the effectiveness of Unless directed otherwise by marketplace. At the same time, to significant rules five years after they are congressional mandate, when deciding ensure that consumers have a choice of implemented, including seeking public which of these approaches to take in products and services at competitive comment. The Bureau has sought public any specific case, the CPSC gathers and prices and quality, the marketplace comment on three significant rules: The analyzes data about the nature and must be policed for anticompetitive remittance rule, the ability to repay rule, extent of the risk presented by the business practices and to prohibit and the RESPA mortgage servicing rule. product. The Commission’s rules at 16 anticompetitive mergers. These two The Bureau is currently reviewing those CFR 1009.8 require the Commission to complementary missions make the comments as part of its work to develop consider, among other factors, the Commission unique insofar as it is the the reports mandated by section 1022(d) following criteria, when deciding the nation’s only Federal agency with this of the Dodd-Frank Act. The findings in level of priority for any particular combination of statutory authority to these reports will help the Bureau and project: protect consumers. the public evaluate the • Frequency and severity of injury; The Commission is also charged with recommendations the Bureau received • causality of injury; the responsibility of issuing and and inform the Bureau’s decisions • chronic illness and future injuries; enforcing regulations under a number of whether adjustments to rules are • costs and benefits of Commission statutes, including 16 trade regulation warranted. The Bureau has also added action; rules promulgated pursuant to the FTC items to its long-term regulatory agenda, • unforeseen nature of the risk; Act and numerous regulations issued including a potential rulemaking to • vulnerability of the population at pursuant to certain credit, financial and modernize Regulation E, which risk; marketing practice statutes 2 and energy implements the Electronic Fund • probability of exposure to the laws.3 The Commission also has Transfer Act (EFTA), and to address hazard; and adopted a number of voluntary industry issues of concern in connection with • additional criteria that warrant guides. Most of the regulations and data aggregators, either under existing Commission attention. guides pertain to consumer protection regulatory regimes such as EFTA and matters and are intended to ensure that the Fair Credit Reporting Act (FCRA) or Significant Regulatory Actions consumers receive the information under the Dodd-Frank Act more Currently, the Commission is not necessary to evaluate competing generally. The Bureau believes that considering taking action in the next products and make informed purchasing technological and market developments twelve months on any rules that would decisions. may warrant rulemaking under EFTA constitute a ‘‘significant regulatory For the remainder of the Background and FCRA to clarify the application of action’’ under the definition of the term section, the Commission sets out a brief existing statutes and regulations, in Executive Order 12866. overview of its ongoing law enforcement efforts, followed by a more detailed list modernize and streamline those laws, BILLING CODE 6355–01–P and address emerging consumer of current regulatory reform-related protection concerns. The Bureau initiatives and other focus areas. continues to look at other methods of (A) Law Enforcement Mission modernizing, streamlining, and FEDERAL TRADE COMMISSION (FTC) The Commission is, first and clarifying its regulations, consistent Statement of Regulatory and foremost, a law enforcement agency. It with the goal of reducing overall Deregulatory Priorities pursues its mandate to enhance regulatory burden. I. Regulatory and Deregulatory competition and protect consumers BILLING CODE 4810–AM–P Priorities primarily through case-by-case enforcement of the FTC Act and other Background statutes. This includes: (1) Consumer Protection Enforcement. CONSUMER PRODUCT SAFETY The Federal Trade Commission (FTC The agency has continued to pursue its COMMISSION (CPSC) or Commission) is an independent agency charged by its enabling statute, long-standing consumer protection Statement of Regulatory Priorities the Federal Trade Commission Act (FTC mission by filing or obtaining Act), with protecting American settlements in 56 consumer protection The U.S. Consumer Product Safety consumers from ‘‘unfair methods of Commission is charged with protecting competition’’ and ‘‘unfair or deceptive 2 For example, the Controlling the Assault of Non- the public from unreasonable risks of acts or practices’’ in the marketplace. Solicited Pornography and Marketing Act of 2003 (CAN–SPAM Act) (15 U.S.C. 7701–7713) and the death and injury associated with The Commission strives to ensure that consumer products. To achieve this Telemarketing and Consumer Fraud and Abuse consumers benefit from a vigorously Prevention Act (15 U.S.C. 6101–6108). goal, among other things, the CPSC: competitive marketplace. The 3 For example, the Energy Policy Act of 1992 (106 • Develops mandatory product safety Commission’s work is rooted in a belief Stat. 2776, codified in scattered sections of the U.S. Code, particularly 42 U.S.C. 6201 et seq.) and the standards or bans when other efforts are that competition, based on truthful and Energy Independence and Security Act of 2007 inadequate to address a safety hazard, or non-misleading information about (EISA) (codified in relevant part at 42 U.S.C. 17021, where required by statute; products and services, provides 17301–17305).

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matters in district court, reaching 21 federal government, with the remainder area. In January 2017, the Commission administrative consent agreements going to the states. filed a stipulated injunction in federal related to consumer protection, and (2) Competition Enforcement. In court in which Malinckrodt ARD Inc., distributing over $91 million in redress FY2017, the agency pursued 29 law formerly Questcor Pharmaceuticals, to more than two million consumers in enforcement actions, including 20 Inc., agreed to settle Commission 2017. merger challenges and 9 non-merger charges that it monopolized the market One recent example is the FTC’s challenges. for adrenocorticotropic hormone enforcement action along with its law In the Draft Kings/FanDuel matter, the (ACTH) drugs. These drugs are typically enforcement partners, the U.S. parties abandoned their planned merger the last line of defense in treating Department of Justice and the after the Commission sought a infantile spasms, a rare and serious Environmental Protection Agency, to preliminary injunction in federal seizure disorder. According to the compensate consumers who were district court. The combination of the Commission’s complaint, the company harmed by Volkswagen both because the two largest daily fantasy sports sites, purchased the rights to develop company allegedly unfairly sold cars DraftKings and FanDuel, would have Synacthen Depot, a drug that threatened with illegal defeat-emissions-testing controlled more than ninety percent of the firm’s existing monopoly in the U.S. devices and deceptively advertised the U.S. market for paid daily fantasy market. The Commission charged that these cars with claims that they were sports contests, the FTC alleged. The the company undertook this acquisition ‘‘clean.’’ Under the Commission’s 2.0 FTC has also successfully negotiated to prevent any other company from liter and 3.0 liter settlements, merger settlements requiring using the Synacthen assets to develop a Volkswagen will offer consumers more divestitures in a variety of industries, synthetic ACTH drug in the United than $11 billion in compensation.4 This including pharmaceuticals, agricultural States, thereby preserving Questcor’s is the largest consumer refund program chemicals, animal vaccines, and others. monopoly and allowing it to raise and in the FTC’s history. The FTC, jointly with the Office of the maintain extremely high prices. The Western Union Company Attorney General of North Dakota, filed Questcor raised its prices from $40 a (Western Union), a global money a complaint in federal court to block vial to more than $34,000 a vial between services business headquartered in Sanford Health’s proposed acquisition 2001 and 2017, when it faced no Englewood, Colorado, agreed to pay of Mid Dakota Clinic, alleging that the competition for this critical infant $586 million to settle FTC and deal would violate antitrust law by medicine. To resolve this matter, Department of Justice charges that the significantly reducing competition for Malinckrodt ARD Inc. agreed to grant a company allowed scammers to use its adult primary care physician services, license to Synacthen Depot to a money transfer system to collect money pediatric services, obstetrics and Commission-approved licensee and to from their victims. The FTC alleged that gynecology services, and general surgery pay $100 million. the company’s failures, including not physician services in the greater taking effective action against complicit Bismarck, North Dakota and Mandan, (B) Regulatory Reform-Related agents, resulted in hundreds of millions North Dakota metropolitan area.5 Initiatives of dollars in fraudulent transfers since According to the complaint, Sanford In addition to consumer protection 2004. As part of this global settlement, and Mid Dakota are each other’s closest and competition enforcement matters, the FTC also required Western Union to rivals in the four-county Bismarck- the agency is leading several regulatory implement an effective anti-fraud Mandan region of North Dakota, an area reform initiatives under the leadership program. The Department of Justice and with a population of 125,000. The of Acting Chairman Ohlhausen. Her the FTC will use the $586 million agencies seek a temporary restraining priorities in this regard are threefold: payment to provide redress to defrauded order and preliminary injunction to stop Promoting economic liberty, reforming consumers. the deal and to maintain the status quo regulation, and increasing agency In a historic decision, an Illinois pending an administrative trial on the transparency: federal court ordered Dish Network to merits of the case. (1) Economic Liberty Task Force. In pay $280 million in civil penalties and The agency also continues to focus on February 2017, Acting Chairman to stop alleged violations of the FTC’s non-merger enforcement. For example, Ohlhausen established an FTC Telemarketing Sales Rule and other the agency brought a case against Economic Liberty Task Force to federal and state laws. The Department ViroPharma Inc. alleging it engaged in collaborate with state leaders and other of Justice filed charges on behalf of the sham petitioning to delay the market stakeholders on occupational licensing FTC and four states against the satellite entry of generic competitors.6 The reform. Nearly thirty percent of TV provider. Dish allegedly made Commission also continues to challenge American jobs require a license today, millions of illegal calls, including to anticompetitive reverse payment up from less than five percent in the numbers on the Do Not Call Registry, agreements between branded and 1950s. For some professions, licensing and used unscrupulous tactics to generic pharmaceutical mergers after a is necessary to protect the public against generate programming sales. The court favorable ruling from the Supreme Court legitimate health and safety concerns. also ordered Dish to ensure its in FTC v. Actavis supported the But, many more occupations could be marketing practices comply with the agency’s antitrust enforcement in this practiced safely and effectively with law. The civil penalties include a fewer, or no, licensing requirements. record-setting $168 million to the 5 Complaint for Temporary Restraining Order and In many situations, the expansion of Preliminary Injunction, FTC and State of North occupational licensing threatens 4 Amended Second Partial Stipulated Order for Dakota v. Sanford Health, Sanford Bismarck, and economic liberty. Unnecessary licensing Mid Dakota Clinic, P.C., No. 1:17–cv–00133–DLH– Permanent Injunction and Monetary Judgment, FTC restrictions erect significant barriers and v. Volkswagen Group of America, Inc., No. 3:15– CSM (W.D. N.D. June 22, 2017), available at https:// md–2672 (N.D. Cal. May 17, 2017), available at www.ftc.gov/es/system/files/documents/cases/ impose costs that cause real harm to https://www.ftc.gov/system/files/documents/cases/ 1710019sanfordfedcomplaint.pdf. American workers, employers, 170517_volkwagen_ftc_final_order_.pdf; see also 6 Complaint for Injunctive and Other Equitable consumers, and the economy as a related proposed consent decree between the Relief, FTC v. Shire ViroPharma, Inc., No. 1:17–cv– whole, with no measurable benefits to United States Department of Justice and the State 00131–UNA (D. Del. May 25, 2017), available at of California and Volkswagen at https:// https://www.ftc.gov/enforcement/cases- consumers or society. These restrictions www.justice.gov/opa/file/871306/download. proceedings/121-0062/shire-viropharma. can:

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• Close the door on job opportunities October 19, 2017, these three rules were consumer and business education. For for people who are ready to work, updated to require the public in most example, the FTC’s unparalleled especially the nation’s most instances to submit via the FTC’s experience in consumer privacy economically disadvantaged citizens; website any requests to obtain, update, enforcement has addressed practices • prevent workers from marketing or cancel registered identification offline, online, and in the mobile their skills to employers and consumers; numbers (RN) used on fur, textile and environment by large, well-known • reduce entrepreneurship and wool product labels. Use of the web- companies and lesser-known players business innovation, insulating current based RN system streamlines the alike. service providers from new forms of application process for participating In June 2017, the Commission and the competition; and businesses and greatly increases the National Highway Traffic and Safety • Stifle price, quality, and service agency’s efficiency in delivering RN Administration (NHTSA) together competition among professionals, which services to the public. Further sponsored the Connected Cars hurts all consumers. streamlining will occur as the FTC workshop, which examined the privacy This Task Force has submitted continues its regular, systematic reviews and safety impacts of automated and comments on a state bill to reduce of all rules and guides, assessing their connected motor vehicle technologies licensing requirements; launched a new costs and benefits to consumers and along with consumer benefits. Modern website (www.ftc.gov/econliberty); and businesses.8 motor vehicles increasingly are being conducted dozens of interviews with a equipped with technologies that enable variety of stakeholders. On July 27, (C) Increasing Agency Transparency them to access information via the 2017, the Task Force hosted a Under the Acting Chairman’s internet and gather, store and transmit roundtable in Washington, DC, that direction, the FTC is exploring data for entertainment, performance and highlighted approaches that make it additional ways to provide practical safety purposes. Automated vehicles, easier for workers in state-licensed guidance on how the FTC Act applies to vehicles with Vehicle-to-Vehicle occupations to offer their services across data security. The agency is building on Communications technology, and other state lines or move between states. The existing business guidance materials, connected vehicles (i.e. with some form agency announced a second public including Start with Security, a nuts- of wireless connectivity) can provide roundtable to occur on November 7, and-bolts brochure that distills the important benefits to consumers and 2017, to examine the economic and lessons learned from FTC cases down to have the potential to revolutionize legal aspects of occupational licensing ten fundamental concepts applicable to motor vehicle safety. At the same time, regulations. The FTC’s Economic and manageable by companies of any these automated and connected vehicles Liberty Task Force will continue size. Since 2002, approximately 60 are expected to generate an enormous working with state partners and other companies have settled FTC cases amount of data, some of which will be interested stakeholders to bring greater alleging that they engaged in deceptive personal and sensitive, such as real time attention to these important issues. or unfair practices that unreasonably precise geolocation data and the Occupational licensing reform is good put consumers’ personal data at risk. contents of driver communications that for competition, workers, consumers, The FTC’s law enforcement experience result when drivers connect their and the American economy. informs the agency’s educational mobile phones to a vehicle’s computer (2) Regulatory Reform and Agency materials for businesses. system. The workshop brought together Streamlining. Excessive regulation and Businesses have asked the a variety of stakeholders, including bureaucracy create significant burdens Commission to keep the guidance industry representatives, consumer on the public, while diverting resources coming, which is why the Acting advocates, academics, and government from the agency’s core mission to Chairman launched a new initiative, regulators, to discuss various issues protect consumers and promote Stick with Security. Starting in late July related to connected and automated competition. Acting Chairman 2017 and going into the fall, agency staff vehicles that collect data. They included Ohlhausen directed staff to find ways to is publishing a weekly Business Blog the types of data vehicles with wireless streamline agency information requests, post focusing on each of the ten Start interfaces collect, store, transmit, and add transparency, and lighten regulatory with Security principles. share; potential benefits and challenges burdens. In June 2017, the agency also posed by such data collection; the announced proposals to minimize or Other Ongoing Focus Areas privacy and security practices of vehicle eliminate certain regulations that may As set out below, the Commission is manufacturers; the role of the FTC, no longer be in the public interest, focused on helping small business NHTSA, and other government agencies including the 1966 Picture Tube Rule owners avoid scams and protect their regarding privacy and security issues and the 1959 Textile Rule.7 In July 2017, systems and customer data from threats, related to connected vehicles; and self- the FTC announced several reforms balancing the privacy and safety regulatory standards that might apply to within the Bureau of Consumer impacts of emerging technologies with privacy and security issues related to Protection that will streamline consumer benefits, and assisting connected vehicles. information requests and improve military consumers. Building on the success of its two transparency in Commission (1) Consumer Privacy. As the nation’s previous PrivacyCon events held in investigations, while preserving the top enforcer on the consumer privacy 2016 and 2017, the Commission agency’s ability to conduct thorough beat, the FTC works to ensure that announced a call for presentations for investigations. On September 15, 2017, consumers can take advantage of the its third PrivacyCon, which will take the Commission announced the benefits of a dynamic and ever-changing place on February 28, 2018. The 2018 streamlining of requirements under the digital marketplace without event will focus on economic questions Fur, Textile and Wool Labeling Rules as compromising their privacy. The FTC including how to quantify the harms part of the regulatory reform agenda. 83 achieves that goal through civil law that result from companies’ failure to FR 43690 (Sept. 19, 2017). Effective enforcement, policy initiatives, and secure consumer information, and how to balance the costs and benefits of 7 See Ongoing Rule and Guide Reviews for further 8 See Retrospective Review of Existing Regulations privacy-protective technologies and information about specific rule reviews. for further information. practices. As part of this initiative, the

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FTC is also seeking general research that consumer-focused uses including from third parties and then try to make explores the privacy and security payment systems and ‘‘smart contracts.’’ money by licensing or suing accused implications of emerging technologies, (2) Small Business. There are more infringers. In 2014, the FTC received such as the Internet of Things, artificial than 28 million small businesses clearance under the Paperwork intelligence and virtual reality. nationwide, employing nearly 57 Reduction Act from the Office of The Internet of Things is also an million people, according to the Small Management and Budget to issue expanding part of the Commission’s Business Administration (SBA). The compulsory process orders to PAEs and work. It comes in the form of products agency has launched a new small other industry participants to develop a such as fitness devices, wearables, smart business website (www.ftc.gov/ better understanding of PAE business cars, and connected smoke detectors, SmallBusiness) with information to help models. In October 2016, the FTC light bulbs, and refrigerators. While small business owners avoid scams and published a staff report that spotlighted these products are innovative and protect their systems and customer data the business practices of PAEs and exciting, they are also collecting, from threats. The site, which includes a recommended patent litigation storing, and often sharing vast amounts new Small Business Computer Security reforms.10 of consumer data, some of it very Basics guide, also has information on In conjunction with the Department of personal, raising familiar and new other cyber threats such as ransomware Justice, the Commission updated the concerns relating to privacy and and phishing schemes. The FTC also Antitrust Guidelines for the Licensing of security. Manufacturers and service kicked off a new ‘‘Engage, Connect, and Intellectual Property, also known as the providers are finding ways to track Protect’’ Initiative in partnership with IP Licensing Guidelines to reflect consumers across multiple devices, the SBA, launching a nationwide changes in law and accumulated often without disclosing they are doing dialogue on cybersecurity with small antitrust enforcement experience over so. The FTC released a report on so- businesses. The first event was held in the past 20 years.11 The changes called cross-device tracking.9 The Portland, Oregon, on July 25, 2017, in reaffirmed the Commission’s Commission’s report found that many conjunction with the National commitment to an economically companies do not explicitly discuss Cybersecurity Alliance’s conference on grounded approach to antitrust analysis their cross-device tracking practices in ‘‘Understanding your Cybersecurity: 5 of IP licensing and to a strong and their privacy policies. As companies Steps to Protect Your Business.’’ This competitive IP licensing system that increasingly track consumers across not event was followed by a roundtable benefits consumers and fosters only desktops and smartphones but discussion (hosted by the FTC and the innovation. other smart devices—like TVs—it is Council of Smaller Enterprises and in (5) Remedy Study. In January 2017, important that companies not only collaboration with the SBA) in the Commission released a report that reassess their approaches to privacy but Cleveland, Ohio, on September 6, and examined the effectiveness of the also simplify consumer choices another roundtable event (sponsored by Commission’s orders in past merger wherever possible and get affirmative the NCSA) on September 18, 2017, in cases where it has required a divestiture consent from consumers before tracking Des Moines, Iowa. or other remedy.12 This effort expanded sensitive information across devices. (3) Military Consumers. The agency on a similar remedy study conducted in On March 9, 2017, the Commission also has expanded its focus on military the 1990s that led to important also hosted its third FinTech Forum, consumers. This includes a new improvements in the Commission’s focusing on the consumer implications military.consumer.gov website and a orders.13 The new study was broader, of two rapidly developing technologies: series of Military Financial Consumer covering 89 merger orders entered Artificial intelligence and blockchain. conferences, the first of which was held between 2006 and 2012, and benefited The FinTech Forum series is part of the in Los Angeles, CA, on September 7, from information collected from FTC’s ongoing work to protect 2017. The new website provides advice respondents, buyers of divested assets, consumers taking advantage of new and and assistance on a number of topics other significant competitors, and emerging financial technology. As including financial advice and alerts on customers. The report found that the technological advances expand the ways numerous scams directed at military agency’s process for maintaining consumers can store, share, spend, and consumers and their families. competition when companies merge is borrow money, the FTC is working to (4) Fostering Innovation & generally effective. The new report keep consumers protected while Competition. For more than two concluded that in most cases the encouraging innovation for consumers’ decades, the Commission has examined Commission’s remedies protected or difficult issues at the intersection of benefit. Artificial intelligence focuses on restored competition. Also, divestitures the capability for machines to mimic antitrust and intellectual property law— including those related to innovation, rational or human-like thought 10 FTC Study, Patent Assertion Entity Activity processes or behaviors, including standard-setting, and patents. The (Oct. 2016), https://www.ftc.gov/system/files/ learning and problem solving. The Commission’s work in this area is documents/reports/patent-assertion-entity-activity- technology may be used, for example, to grounded in the recognition that ftc-study/p131203_patent_assertion_entity_activity_ _ _ provide personalized financial services intellectual property and competition an ftc study.pdf. 11 Press Release, FTC and DOJ Issue Updated for consumers, including providing laws share the fundamental goals of Antitrust Guidelines for the Licensing of money management tools. Blockchain promoting innovation and consumer Intellectual Property (Jan. 13, 2017), https:// technology involves a distributed digital welfare. The Commission has authored www.ftc.gov/news-events/press-releases/2017/01/ ledger for recording transactions that several seminal reports on competition ftc-doj-issue-updated-antitrust-guidelines-licensing- can be shared widely. It first emerged as and patent law and conducted intellectual. 12 See The FTC’s Merger Remedies 2006–2012: A the foundation for digital currency, and workshops to learn more about Report of the Bureaus of Competition and it is now being explored for other emerging practices and trends. Economics (Jan. 2017), https://www.ftc.gov/system/ For instance, the FTC has used its files/documents/reports/ftcs-merger-remedies-2006- 9 Cross-Device Tracking: An FTC Staff Report authority under Section 6(b) of the 2012-report-bureaus-competition-economics/ p143100_ftc_merger_remedies_2006-2012.pdf. (January 2017), https://www.ftc.gov/system/files/ Federal Trade Commission Act to documents/reports/cross-device-tracking-federal- 13 FTC, A Study of the Commission’s Divestiture trade-commission-staff-report-january-2017/ftc_ explore the impact of patent assertion Process (1999), https://www.ftc.gov/sites/default/ cross-device_tracking_report_1-23-17.pdf. entities (PAE), firms that acquire patents files/attachments/merger-review/divestiture.pdf.

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of ongoing businesses were particularly Guidelines on Consumer Protection, Justice issued revised Antitrust successful. Finally, the study provided which include provisions on e- Guidelines for International valuable insight into best practices for commerce, consumer financial services, Enforcement and Cooperation.15 The designing and implementing merger dispute resolution and redress, and Guidelines, which had previously been remedies in future cases. international cooperation. updated in 1996, describe the agencies’ (6) Protecting Consumers from Cross- The FTC also continues to advocate current practices and analysis of key Border Harm. The FTC cooperates with for global interoperability and strong issues of international consumer competition and consumer protection enforcement of data privacy laws protection enforcement and agencies in other countries to halt through collaboration with the cooperation. deceptive and anticompetitive business Department of Commerce on the E.U.- Finally, the FTC has continued its practices that affect U.S. consumers, and U.S. Privacy Shield. The Privacy Shield robust technical assistance program to promotes sound approaches to issues of provides a mechanism for transatlantic share its experience with competition mutual international interest by data transfers and strengthens and consumer protection agencies building relationships with counterpart cooperation between the FTC and EU around the world. In 2017, the FTC agencies around the world on Data Protection Authorities by conducted programs in jurisdictions competition and consumer protection providing for vigorous enforcement of around the globe, including Argentina, issues. the Framework’s requirements. Brazil, Central America, India, Mexico, The FTC cooperated on enforcement- Throughout 2017, the FTC’s the Philippines, Ukraine and the related matters with foreign agencies or international competition program Southern African region. Through its multilateral organizations in consumer promoted cooperation with competition International Fellows Program, the FTC protection and privacy matters, using its agencies in other jurisdictions and brought ten international competition authority under the U.S. SAFE WEB Act advocated convergence of international colleagues from five competition in these matters to share information or antitrust policies toward best practice. agencies to work alongside FTC staff on provide investigative assistance to As co-chair of the Mergers Working antitrust enforcement matters for fiscal foreign authorities. One highlight was Group of the International Competition year 2017. Under the same program, the the FTC’s successful collaboration with Network (ICN), the FTC is leading an FTC brought international consumer the Office of the Privacy Commissioner update of the ICN’s signature protection colleagues from agencies to of Canada and the Australian recommended practices for merger work alongside FTC staff on consumer Information Commissioner in notification and review procedures, and protection matters and research for investigating a massive data breach and for merger analysis, and developing fiscal year 2017. other allegedly deceptive practices of practical guidance on merger (7) Self-Regulatory and Compliance the Toronto-based adult dating website, investigative techniques and on merger Initiatives with Industry. The AshleyMadison.com.14 The website had remedies. It also hosted the ICN’s 2017 Commission continues to engage members in nearly 50 countries. The merger workshop. The FTC also industry in compliance partnerships in operators of the website settled FTC and originated and leads the ICN Training the funeral and franchise industries, state charges that they deceived on Demand project, which is creating a among others. For example, the consumers and failed to protect 36 comprehensive curriculum of video Commission’s Funeral Rule Offender million users’ account and profile training materials on competition law Program, conducted in partnership with information. The Australian and and practice. The FTC also continues to the National Funeral Directors Canadian agencies contributed to the further the important roles that it plays Association, is designed to educate FTC’s investigation and reached their in the competition groups of the OECD, funeral home operators found in the United Nations Conference on Trade own settlements with the company. The violation of the requirements of the and Development (UNCTAD), and Asia- Funeral Rule, 16 CFR 453, so that they FTC also continues to advance Pacific Economic Cooperation (APEC). can meet the rule’s disclosure enforcement cooperation through In addition to promoting convergence requirements. Four hundred and ninety- networks such as the International toward sound competition policy and nine funeral homes have participated in Consumer Protection and Enforcement enforcement, the FTC advocates fair and the program since its inception in 1996. Network (ICPEN), the Global Privacy transparent enforcement procedures. In addition, the Commission Enforcement Network (GPEN), the anti- Through its leadership of the ICN’s established the Franchise Rule spam Unsolicited Communications implementation efforts, the FTC Alternative Law Enforcement Program Enforcement Network (UCENet, continues to play a key role in in partnership with the International formerly known as the London Action promoting implementation of the ICN’s Franchise Association (IFA), a nonprofit Plan) and the International Mass Guidance on Investigative Process, the organization that represents both Marketing Fraud Working Group. most comprehensive agency-led effort to franchisors and franchisees. This In the policy arena, the FTC played a articulate principles and practices of program assists franchisors found to leading role in revising the Organization procedural fairness in antitrust have a minor or technical violation of for Economic Co-operation and investigations, as well as the ICN’s work the Franchise Rule, 16 CFR 436, in Development (OECD)’s Guidelines on on merger notification and review complying with the rule. Violations Consumer Protection in Electronic procedures. In the OECD, the FTC involving fraud or other FTC Act Commerce, which were adopted by the played a key role in the Competition violations are not candidates for referral OECD Council in early 2016 to address Committee’s project on international to the program. The IFA teaches the new developments in e-commerce cooperation and evaluating the impact franchisor how to comply with the rule including mobile applications, digital of competition enforcement. The FTC is and monitors its business for a period of content, and peer platform marketplaces also playing an active role in developing as well as the revised United Nations the competition chapters of the 15 See Press Release, Federal Trade Commission renegotiated North American Free Trade and Department of Justice Announce Updated 14 See Press Release, Ashley Madison settles with International Antitrust Guidelines (Jan. 13, 2017), FTC over data security (Dec. 14, 2014), https:// Agreement. https://www.ftc.gov/news-events/blogs/business- www.ftc.gov/news-events/blogs/business-blog/2016/ On January 13, 2017, the Federal blog/2016/12/ashley-madison-settles-ftc-over-data- 12/ashley-madison-settles-ftc-over-data-security. Trade Commission and Department of security.

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years. Where appropriate, the program economic impact upon a substantial gives recipients the right to have offers franchisees the opportunity to number of small entities.’’ 5 U.S.C. 610. senders of commercial email stop mediate claims arising from the law In each rule review, the Commission emailing them, and provides for violations. Since December 1998, 21 requests public comments on, among penalties for violations. The FTC issued companies have agreed to participate in other things, the economic impact and the CAN–SPAM Rule to implement the the program. benefits of the rule; possible conflict Act, as authorized by the statute. (8) Second Chance and Leniency between the rule and state, local, or Care Labeling Rule, 16 CFR 423. Policies. The Commission complements other federal laws or regulations; and Promulgated in 1971, the Rule on Care its compliance assistance efforts by the effect on the rule of any Labeling of Textile Apparel and Certain considering the particular circumstance technological, economic, or other Piece Goods as Amended (the Care when enforcing business obligations. industry changes. Labeling Rule) makes it an unfair or For example, the Commission has a As part of its continuing 10-year deceptive act or practice for small business leniency policy review plan, the Commission examines manufacturers and importers of textile statement that analyzes various factors the effect of rules and guides on small wearing apparel and certain piece goods that may result in reduction or waiver businesses and on the marketplace in to sell these items without attaching of penalties. See 62 FR 16809 (Apr. 8, general. These reviews may lead to the care labels stating ‘‘what regular care is 1997) (issuing policy), 62 FR 46363 revision or rescission of rules and needed for the ordinary use of the (Sept. 2, 1997) (responding to comment guides to ensure that the Commission’s product.’’ The Rule also requires that received). As such cases arise; the consumer protection and competition the manufacturer or importer possess, Commission considers these leniency goals are achieved efficiently and at the prior to sale, a reasonable basis for the factors whenever a civil penalty may be least cost to business. Pursuant to this care instructions and allows the use of assessed against a small business. program, the Commission has rescinded approved care symbols in lieu of words The Commission continued its 37 rules and guides promulgated under to disclose care instructions. After ‘‘second chance’’ policy for certain the FTC’s general authority and updated reviewing the comments from a periodic minor and inadvertent violations of the dozens of others since the early 1990s. rule review (76 FR 41148, July 13, textile and wool labeling rules, which The FTC continues to take a fresh 2011), the Commission concluded on can apply to small businesses. The look at its long-standing regulatory September 20, 2012, that the Rule Textile Corporate Leniency Policy helps review process. In June 2017, the continued to benefit consumers and increase overall compliance with the Commission issued a revised 10-year would be retained, and sought rules while minimizing the burden on review schedule. The Commission is comments on potential updates to the business of correcting inadvertent currently reviewing 16 of the 65 rules Rule, including changes that would labeling errors that are not likely to and guides within its jurisdiction. The allow garment manufacturers and injure consumers. Since the Policy was FTC maintains a web page at http:// marketers to include instructions for announced (2002), 242 companies have www.ftc.gov/regreview that serves as a professional wetcleaning on labels; been granted ‘‘leniency’’ for self- one-stop shop for the public to obtain permit the use of ASTM Standard reported minor violations of the FTC information and provide comments on D5489–07, ‘‘Standard Guide for Care textile regulations. individual rules and guides under Symbols for Care Instructions on Textile Regulatory and Deregulatory Measures review as well as the Commission’s Products,’’ or ISO 3758:2005(E), regulatory review program generally. ‘‘Textiles—Care labeling code using In 1992, the Commission In 2018, the Commission proposes symbols,’’ in lieu of terms; clarify what implemented a program to review its initiating reviews of four of its rules or can constitute a reasonable basis for care rules and guides regularly. The guides: (1) Test Procedures and Labeling instructions; and update the definition Commission’s review program is Standards for Recycled Oil, 16 CFR 311; of ‘‘dryclean.’’ 77 FR 58338. On March patterned after provisions in the (2) Disclosure Requirements and 28, 2014, the Commission hosted a Regulatory Flexibility Act, 5 U.S.C. 601– Prohibitions Concerning Franchising, 16 public roundtable in Washington, DC, 612 and complies with the Small CFR 436; and (3) Identity Theft [Red that analyzed proposed changes to the Business Regulatory Enforcement Flags] Rules, 16 CFR 681, and (4) The Rule. Staff anticipates Commission Fairness Act of 1996. The Commission’s Nursery Guides, 16 CFR 18. action by January 2018. 10-year program also is consistent with Contact Lens Rule, 16 CFR 315. As section 5(a) of Executive Order 12866, Ongoing Rule and Guide Reviews part of the systematic rule review which directs executive branch agencies The Commission is continuing review process, on September 3, 2015, the to develop a plan to reevaluate of a number of rules and guides, which Commission issued a Federal Register periodically all of their significant are discussed below. notice seeking public comments about existing regulations. 58 FR 51735 (Sept. the Contact Lens Rule. 80 FR 53272. The 30, 1993). Under the Commission’s (a) Rules comment period closed on October 26, program, rules are reviewed on a 10- CAN–SPAM Rule, 16 CFR 316. As part 2015. After Commission staff completed year schedule that results in more of its ongoing systematic review of its review of the 660 comments received frequent reviews than are generally rules and guides, the Commission from consumers, eye care professionals, required by Section 610 of the initiated a periodic review of the Rule industry members, trade associations, Regulatory Flexibility Act. This program on June 28, 2017 82 FR 29254. The and consumer advocacy groups, the is also broader than the review public comment period closed on Commission published a notice of contemplated under the Regulatory August 31, 2017. Commission staff proposed rulemaking on December 7, Flexibility Act, in that it provides the anticipates sending a recommendation 2016, seeking comment on its proposal Commission with an ongoing systematic to the Commission by January 2018. The to amend the Rule to require contact approach for seeking information about Controlling the Assault of Non-Solicited lens prescribers to obtain a signed the costs and benefits of its rules and Pornography and Marketing Act of 2003 acknowledgement after releasing a guides and whether there are changes (‘‘CAN–SPAM Rule’’) sets rules for contact lens prescription to a patient, that could minimize any adverse commercial email, establishes and to maintain it for at least three economic effects, not just a ‘‘significant requirements for commercial messages, years. In addition, to conform language

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of the Rule to the language of the Franchise Rule, 16 CFR 436. During officially the Rule on Deceptive FCLCA, the Commission proposed to 2018, the Commission plans to initiate Advertising as to Sizes of Viewable amend section 315.5(e) of the Rule to periodic review of the Franchise Rule Pictures Shown by Television Receiving remove the words ‘‘private label.’’ The (officially titled Disclosure Sets, became effective in 1967 and sets Commission also sought comment on Requirements and Prohibitions forth appropriate methods for measuring this proposal. The comment period Concerning Franchising). The Rule gives television screens when that measure is closed on January 30, 2017, and staff is prospective purchasers of franchises the included in any advertisement or reviewing more than 4000 comments material information they need in order promotional material for the television that were received, and anticipates the to weigh the risks and benefits of such set. If the measurement of the screen Commission taking next action by early an investment. The Rule requires size is based on a measurement other 2018. The Contact Lens Rule requires franchisors to provide all potential than the horizontal dimension of the contact lens prescribers to provide franchisees with a disclosure document actual viewable picture area, the method prescriptions to their patients upon the containing 23 specific items of of measurement must be clearly and completion of a contact lens fitting, and information about the offered franchise, conspicuously disclosed in close to verify contact lens prescriptions to its officers, and other franchisees. proximity to the size designation. contact lens sellers authorized by Required disclosure topics include, for Premerger Notification Rules and consumers to seek such verification. example: The franchise’s litigation Report Form (or HSR Rules), 16 CFR Sellers may provide contact lenses only history, past and current franchisees 801–803. The HSR Rules and the in accordance with a valid prescription and their contact information, any Antitrust Improvements Act that is directly presented to the seller or exclusive territory that comes with the Notification and Report Form (HSR verified with the prescriber. franchise, assistance the franchisor Form) were adopted pursuant to section provides franchisees, and the cost of 7(A) of the Clayton Act which requires Energy Labeling Rule, 16 CFR 305. purchasing and starting up a franchise. firms of a certain size contemplating The Energy Labeling Rule is officially Holder in Due Course Rule, 16 CFR mergers, acquisitions or other known as the Rule concerning Energy 433. On December 1, 2015, the transactions of a specified size to file and Water Use Labeling for Consumer Commission initiated a periodic review notification with the Federal Trade Products Under the Energy Policy and of this Rule, officially the Preservation Commission (FTC) and the U.S. Conservation Act. On November 9, of Consumers’ Claims and Defenses Department of Justice (DOJ) and to wait 2017, the Commission issued proposed Rule. 80 FR 75018. The comment period a designated period of time before rule changes containing scheduled, closed on February 12, 2016. Staff is consummating the transaction. These routine updates to the comparability reviewing the comments and anticipates Rules are continually reviewed in order ranges and unit energy cost figures on sending a recommendation to the to improve the program’s effectiveness EnergyGuide labels for dishwashers, Commission by June 2018. The Holder and to reduce the paperwork burden on furnaces, room air conditioners, and in Due Course Rule requires sellers to the business community. pool heaters. The Commission also include language in consumer credit Staff anticipates sending a proposed to set a compliance date for contracts that preserves consumers’ recommendation to the Commission by EnergyGuide labels on room air claims and defenses against the seller. early 2018 that would clarify the conditioner boxes. The comment period This rule eliminated the holder in due definition of foreign issuer in the HSR 16 will close on December 4, 2017. course doctrine as a legal defense for Rules. The definition in the HSR Rules Eyeglass Rule, 16 CFR 456. As part of separating a consumer’s obligation to for U.S. and Foreign persons and issuers the systematic rule review process, on pay from the seller’s duty to perform by focuses on three tests: (1) Location of September 3, 2015, the Commission requiring that consumer credit and loan incorporation, (2) country whose laws issued a Federal Register notice seeking contracts contain one of two clauses to organized under and (3) principal public comments about the Eyeglass preserve the buyer’s right to assert sales- offices. The term ‘‘principal offices’’ is Rule (or Trade Regulation Rule on related claims and defenses against any not defined in the rules and is often a Ophthalmic Practice Rules). 80 FR ‘‘holder’’ of the contracts. source of confusion for parties. This 53274. The comment period closed on Identity Theft [Red Flags] Rules, 16 rulemaking would provide a definition. October 26, 2015. Commission staff has CFR 681. During 2018, the Commission Privacy Rule, 16 CFR 313. The Privacy completed the review of 831 comments expects to initiate periodic review of the Rule or Privacy of Consumer Financial on the Eyeglass Rule and is formulating Identity Theft Rules. The Rules require Information Rule requires, among other next steps. Commission staff anticipates financial institutions and creditors to things, that certain motor vehicle Commission action on the Eyeglass Rule develop and implement a written dealers provide an annual disclosure of by early 2018. The Eyeglass Rule identity theft prevention program (a Red their privacy policies to their customers requires that an optometrist or Flags Program). By identifying red flags by hand delivery, mail, electronic ophthalmologist must give the patient, for identity theft in advance, businesses delivery, or through a website, but only at no extra cost, a copy of the eyeglass can be better equipped to spot with the consent of the consumer. On prescription immediately after the suspicious patterns that may arise—and June 24, 2015, the Commission examination is completed. The Rule take steps to prevent potential problems proposed amending the Rule to allow also prohibits optometrists and from escalating into a costly episode of motor vehicle dealers instead to notify ophthalmologists from conditioning the identity theft. their customers that a privacy policy is availability of an eye examination, as Picture Tube Rule, 16 CFR 410. As available on their website, under certain defined by the Rule, on a requirement part of the systematic review of its rules circumstances. 80 FR 36267. The that the patient agree to purchase and guides, the Commission initiated a proposed amendment would also revise ophthalmic goods from the optometrist periodic review of this rule on June 28, the scope and definitions in the Rule in or ophthalmologist. 2017. 82 FR 29256. The comment period light of the transfer of part of the closed on August 31, 2017. Commission Commission’s rulemaking authority to 16 See Final Actions below for information about staff anticipates sending a the Consumer Financial Protection a separate completed rulemaking proceeding for the recommendation to the Commission by Bureau in the Dodd-Frank Wall Street Energy Labeling Rule. June 2018. The Picture Tube Rule, Reform and Consumer Protection Act.

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The comment period closed on August 2018. The FTC’s Safeguards Rule, as (‘‘EPA’’) and National Highway Traffic 31, 2015. Since the Commission directed by the Gramm-Leach-Bliley Act Safety Administration (‘‘NHTSA’’) fuel proposed amending the Rule, Congress (GLB), requires each financial economy labeling rules. 82 FR 43682. enacted the Fixing America’s Surface institution subject to the FTC’s [81 FR 36216, June 6, 2016 (proposed Transportation Act (FAST Act) which jurisdiction to develop a written amendments) (extended comment included a provision amending the information security program that is period closed on September 8, 2016)]. Gramm-Leach-Bliley Act to create a new appropriate to its size and complexity, The Fuel Economy Guide was adopted exception to the annual notice the nature and scope of its activities, in 1975 to prevent deceptive fuel requirement. Staff anticipates that the and the sensitivity of the customer economy advertising and to facilitate Commission will issue a final rule, to information at issue. the use of fuel economy information in include changes reflecting the FAST Act Telemarketing Sales Rule (TSR), 16 advertising. amendment, by January 2018. CFR 308. On August 11, 2014, the Jewelry Guides, 16 CFR 23. On July 2, Recycled Oil Rule, 16 CFR 311. Commission initiated a periodic review 2012, the Commission sought public During 2018, the Commission of the TSR as set out on the 10-year comments on its Guides for the Jewelry, anticipates initiating its periodic review review schedule.17 79 FR 46732. The Precious Metals, and Pewter Industries, of the Rule (officially the Rule on Test comment period as extended closed on which are commonly known as the Procedures and Labeling Standards for November 13, 2014. 79 FR 61267 (Oct. Jewelry Guides. 77 FR 39202. The Recycled Oil) by publishing a notice 10, 2014). Staff anticipates making a Guides explain to businesses how to seeking public comments on the recommendation to the Commission by avoid making deceptive claims about effectiveness and impact of the Rule. June 2018. precious metal, pewter, diamond, This Rule governs labeling of containers Textile Rules, 16 CFR 303. On June gemstone, and pearl products and when for recycled or ‘‘re-refined’’ oil intended 28, 2017, the Commission proposed they should make disclosures to avoid for use as engine oil. The Rule, which amending the Textile Rules (or Rules unfair or deceptive trade practices. implemented statutory requirements and Regulations Under the Textile Fiber Based on comments received, and on designed to encourage the use of Identification Act) to delete the information obtained during a public recycled oil, permits manufacturers and requirement that an owner of a roundtable in June 2013, the FTC other sellers to represent on a recycled registered word trademark furnish the proposed revisions to the Guides on engine-oil container label that the oil is FTC with a copy of the mark’s January 12, 2016, regarding below- substantially equivalent to new engine registration with the United States threshold alloys, precious metal content oil, as long as the determination of Patent and Trademark Office (USPTO) of products containing more than one equivalency is based on National before using the mark on labels, and to precious metal, surface application of Institute of Standards and Technology no longer restrict the use of such precious metals, lead-glass filled stones, test procedures prescribed by the Rule. trademarks to only those also employed ‘‘cultured’’ diamonds, pearl treatments, R-value Rule, 16 CFR 460. On April 6, as house marks. 82 FR 29251. The varietals, and misuse of the word 2016, the Commission initiated a comment period closed on July 31, ‘‘gem.’’ 81 FR 1349. The extended periodic review of the R-value Rule, 2017. Staff anticipates submitting a comment period closed on June 3, 2016, officially the Trade Regulation Rule recommendation to the Commission by and Commission staff anticipates Concerning the Labeling and early 2018. forwarding a recommendation to the Advertising of Home Insulation, as part The Textile Fiber Products Commission before the end of 2017. of its ongoing systematic review of all Identification Act requires wearing Nursery Guides, 16 CFR 18. The rules and guides. 81 FR 19936. The apparel and other covered household Commission plans to initiate periodic comment period was later extended to textile articles to be marked with (1) the review of the Guides for the Nursery September 6, 2016. 81 FR 35661 (June generic names and percentages by Industry during 2018. Adopted in 1979 3, 2016). Staff anticipates the next weight of the constituent fibers present and last reviewed in 2007, the Guides Commission action before the end of in the textile fiber product; (2) the name address a number of sales practices for 2017. The R-value Rule is designed to under which the manufacturer or outdoor plants, trees and flowers and assist consumers in evaluating and another responsible USA company does prohibit deception as to such things as comparing the thermal performance business, or in lieu thereof, the size, grade, age, condition, price, origin characteristics of competing home registered identification number (RN) of or the place where the products were insulation products by specifically such a company; and (3) the name of the grown. requiring manufacturers of home country where the textile product was insulation products to provide Final Actions processed or manufactured. The information about the product’s degree Since the publication of the 2016 implementing rules are set forth at 16 of resistance to the flow of heat (R- Regulatory Plan, the Commission has CFR 303. value). The Rule also establishes issued the following final rules or taken uniform standards for testing, (b) Guides other actions to close other rulemaking information disclosure, and Fuel Economy Guide, 16 CFR 259. On proceedings. These final rules continue substantiation of product performance September 19, 2017, the Commission to be consistent with the President’s claims. published final amendments to the Statement of Regulatory Philosophy and Safeguards Rule (or Standards for Guide Concerning Fuel Economy Principles contained in Executive Order Safeguarding Customer Information), 16 Advertising for New Automobiles 12866 and Executive Order 13771. Disposal Rule, 16 CFR 682. On CFR 314. On September 7, 2016, the (‘‘Fuel Economy Guide’’ or ‘‘Guide’’) to September 15, 2016, the Commission Commission initiated a periodic review address advertising claims prevalent in initiated a periodic review of the of the Safeguards Rule as part of its the market and harmonize with current Disposal Rule (formally the Disposal of ongoing systematic review of all rules Environmental Protection Agency and guides. 81 FR 61632. The comment Consumer Report Information and period closed on November 7, 2016, and 17 See Final Actions below for information about Records) as part of its ongoing staff anticipates that the Commission a separate completed rulemaking proceeding for the systematic review of all rules and will take its next action by January Telemarketing Sales Rule. guides. 81 FR 63435. The comment

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period closed on November 21, 2016. 801–803. On July 12, 2017, the sum, the Commission’s regulatory During November 2017, the Commission Commission issued a final rule making actions are aimed at efficiently and announced the completion of the review ministerial changes to the HSR Form. fairly promoting the ability of ‘‘private of the Disposal Rule and that the rule is Among other things, the changes markets to protect or improve the health being retained in its current form. eliminated certain language about the and safety of the public, the The Disposal Rule requires any filing fee to conform to previously environment, or the well-being of the person or entity that maintains or published amendments to the associated American people.’’ Executive Order otherwise possesses consumer Instructions, changed the Form version 12866, section 1. information for a business purpose to dates from 2011/2012 to 2017, updated II. Regulatory and Deregulatory Actions properly dispose of the information to the minimum penalty for failure to file, protect against unauthorized access to and updated the Premerger Notification The Commission has no proposed or use of the information. Consumer Office’s Constitution Center address.21 rules that would be a ‘‘significant information means any record about an 82 FR 32123. regulatory action’’ under the definition individual that is a consumer report or Used Car Rule (or Used Motor Vehicle in Executive Order 12866.22 The is derived from a consumer report, or a Trade Regulation Rule), 16 CFR 455. On Commission also has no proposed rules compilation of such records. This Rule November 18, 2016, the Commission that would have significant implements section 216 of the Fair and issued a final rule that added a Buyer’s international impacts or any Accurate Credit Transactions Act of Guide statement recommending that international regulatory cooperation 2003, which is designed to reduce the consumers obtain a vehicle history activities that are reasonably anticipated risk of consumer fraud and related report (‘‘VHR’’), and directing them to to lead to significant regulations as harms, including identity theft, created an FTC website for more information defined in Executive Order 13609. by improper disposal of consumer about VHRs and safety recalls; revised BILLING CODE 6750–01–P information. the Buyers Guide statement describing Energy Labeling Rule, 16 CFR 305. On the meaning of an ‘‘As Is’’ sale in which June 28, 2017, the Commission issued a a dealer offers a vehicle for sale without final rule amending the Energy Labeling a warranty; added boxes to the front of NATIONAL INDIAN GAMING Rule to eliminate certain marking the Buyers Guide where dealers can COMMISSION (NIGC) requirements for plumbing products and indicate additional warranty and service Statement of Regulatory Priorities to exempt certain ceiling fans from contract coverage; added a Spanish In 1988, Congress adopted the Indian labeling requirements. 82 FR 29230. statement to the English Buyers Guide Additionally, the amendments updated Gaming Regulatory Act (IGRA) (Pub L. advising consumers to ask for a copy of 100–497, 102 Stat. 2475) with a primary the Rule to include labeling the Buyers Guide in Spanish if the requirements for electric instantaneous purpose of providing ‘‘a statutory basis dealer is conducting the sale in Spanish for the operation of gaming by Indian water heaters. The Commission also (and providing a Spanish translation of made non-substantive, conforming tribes as a means of promoting tribal the optional consumer acknowledgment economic development, self-sufficiency, changes to the testing provisions for of receipt of the Buyers Guide); and LED (or light-emitting diode) covered and strong tribal governments.’’ IGRA added air bags and catalytic converters established the National Indian Gaming lamps and minor corrections to other to the list of major defects on the back provisions.18 Commission (NIGC or the Commission) of the Buyers Guide. 81 FR 81664. The to protect such gaming, amongst other Fur Rules, 16 CFR 301, Textile Rules, final rule was effective on January 27, 16 CFR 303, and Wool Rules, 16 CFR things, as a means of generating tribal 2017. revenue. 300. On September 15, 2017, the This Rule sets out the general duties Commission announced the At its core, Indian gaming is a of a used vehicle dealer and requires function of sovereignty exercised by streamlining of requirements under the that a completed Buyers Guide be Fur,19 Textile and Wool Labeling 20 tribal governments. In addition, the posted at all times on the side window Federal government maintains a Rules as part of the regulatory reform of each used car a dealer offers for sale. agenda. 83 FR 43690 (Sept. 19, 2017). government-to-government relationship Dealers must disclose on the Buyers with the tribes—a responsibility of the Effective October 19, 2017, these three Guide whether the vehicle is covered by rules were updated to require the public NIGC. Thus, while the Agency is a warranty, and if so, the type and committed to strong regulation of Indian in most instances to submit via the duration of the warranty coverage, or FTC’s website any requests to obtain, gaming, the Commission is equally whether the vehicle is being sold ‘‘as is committed to strengthening update, or cancel registered no warranty.’’ identification numbers (RN) used on fur, government-to-government relations by textile and wool product labels. Use of Summary the web-based RN system streamlines 22 Section 3(f) of Executive Order 12866 defines The actions under consideration a regulatory action to be ‘‘significant’’ if it is likely the application process for participating inform and protect consumers, while to result in a rule that may: businesses and greatly increases the minimizing the regulatory burdens on (1) Have an annual effect on the economy of $100 agency’s efficiency in delivering RN legitimate businesses. The Commission million or more or adversely affect in a material services to the public. continues to identify and weigh the way the economy; a sector of the economy; Premerger Notification Rules and productivity; competition; jobs; the environment; costs and benefits of proposed public health or safety; or State, local, or tribal Report Form (or HSR Rules), 16 CFR regulatory actions and possible governments or communities; alternative actions and to seek and (2) Create a serious inconsistency or otherwise 18 Please see Ongoing Rule and Guide Reviews (a) consider the broadest practicable array interfere with an action taken or planned by another Rules above for information about a separate and of comment from affected consumers, agency; ongoing rulemaking under the Energy Labeling (3) Materially alter the budgetary impact of Rule. businesses, and the public at large. In entitlements, grants, user fees, or loan programs, or 19 This is officially the Rules and Regulations the rights and obligations of recipients thereof; or Under the Fur Products Labeling Act. 21 Please see Ongoing Rule and Guide Reviews (a) (4) Raise novel legal or policy issues arising out 20 This is officially the Rules and Regulations Rules above for information about a separate and of legal mandates, the President’s priorities, or the Under the Wool Products Labeling Act of 1939. ongoing rulemaking under the HSR Rules. principles set forth in this Executive order.

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engaging in meaningful consultation More specifically, the NIGC is overwritten when kiosk standards were with tribes to fulfill IGRA’s intent. The currently considering promulgating new added. NIGC’s vision is to adhere to principles regulations in the following areas: (i) Summary of Legal Basis: The NIGC is of good government, including Amendments to its regulatory charged with monitoring class II gaming transparency to promote agency definitions to conform to the newly conducted on Indian lands 25 U.S.C. accountability and fiscal responsibility, promulgated rules; (ii) the suspension of 2706(b)(1). With regard to Class II to operate consistently to ensure the existing minimum internal control gaming, NIGC’s responsibility includes fairness and clarity in the standards (MICS) in part 542; (iii) inspecting and examining the premises administration of IGRA, and to respect updates or revisions to its management located on Indian lands on which Class the responsibilities of each sovereign in contract regulations to address the II gaming is conducted and auditing all order to fully promote tribal economic current state of the industry; (iv) the papers, books, and records respecting development, self-sufficiency, and review and revision of the minimum gross revenues of Class II gaming strong tribal governments. The NIGC is internal control standards for Class II conducted on Indian lands, and any fully committed to working with tribes gaming updates; (v) regulation that other matters necessary to carry out the to ensure the integrity of the industry by would provide a preference to qualified duties of the NIGC pursuant to the exercising its regulatory responsibilities Indian-owned businesses when Indian Gaming Regulatory Act of 1988 through technical assistance, purchasing goods or services for the (IGRA). 25 U.S.C. 2706(b)(2), (4). compliance, and enforcement activities. Commission at a fair market price; (vi) Alternatives: Maintain the current revisions to the minimum technical regulations. Retrospective Review of Existing standards for gaming equipment used Anticipated Cost and Benefits: There Regulations with the play of Class II games; (vii) are no anticipated cost increases to the As an independent regulatory agency, revisions to the existing Freedom of Federal Government or to tribal the NIGC has been performing a Information Act procedures in part 517 governments as a result of this retrospective review of its existing as a means to bring them into full regulatory action. regulations well before Executive Order compliance with the Freedom of Risks: There are no known risks to 13771 was issued on January 30, 2017. Information Act; and (viii) revisions to this regulatory action. The NIGC, however, recognizes the the NIGC’s fee publication schedule to Timetable: importance of Executive Order 13771 provide for one, yearly publication no Action Date FR Cite and its regulatory review is being later than November 1st each year. conducted in the spirit of Executive The NIGC anticipates that the ongoing NPRM ...... 12/00/17 Order 13771, to identify those consultations with tribes will continue regulations that may be outmoded, to play an important role in the Regulatory Flexibility Analysis ineffective, insufficient, or excessively development of the NIGC’s rulemaking Required: No. burdensome and to modify, streamline, efforts. Small Entities Affected: No. expand, or repeal them in accordance Government Levels Affected: Federal, with input from the public. In addition, Tribal. as required by Executive Order 13175, NIGC Sectors Affected: 92115 American issued on November 6, 2000, the Indian and Alaska Native Tribal Commission has been conducting Proposed Rule Stage Governments; 72112 Casino Hotels; government-to-government 137. Class II Minimum Internal Control 71321 Casinos (except Casino Hotels). Agency Contact: Michael Hoenig, consultations with tribes regarding each Standards regulation’s relevancy, consistency in General Counsel, National Indian application, and limitations or barriers Priority: Other Significant. Gaming Commission, 1849 C Street NW, to implementation, based on the tribes’ E.O. 13771 Designation: Fully or Mailstop #1621, Washington, DC 20240, experiences. The consultation process is Partially Exempt. Phone: 202 632–7003. Legal Authority: 25 U.S.C. 2706(b)(1) also intended to result in the Related RIN: Split from 3141–AA56 to (4); 25 U.S.C. 2706(b)(10); 25 U.S.C. identification of areas for improvement RIN: 3141–AA60 2710(d)(7)(B)(vii) and needed amendments, if any, new CFR Citation: 25 CFR 543. regulations, and the possible repeal of Legal Deadline: None. outdated regulations. Abstract: The NIGC continues to NIGC The following Regulatory Identifier review and revise the minimum internal Final Rule Stage Numbers (RINs) have been identified as control standards (MICS) for Class II associated with the review: gaming. The NIGC anticipates proposing 138. Minimum Internal Control minor but substantive corrections to the Standards RIN Title Class II MICS, including adding Priority: Other Significant. clarifying language and reinserting 3141–AA32 Definitions. E.O. 13771 Designation: Deregulatory. 3141–AA55 Minimum Internal Control critical key controls that were Legal Authority: 25 U.S.C. 2706(b)(1) Standards. inadvertently removed by the last to (4); 25 U.S.C. 2706(b)(10); 25 U.S.C. 3141–AA58 Management Contracts. revisions. 2710(d)(7)(B)(vii) 3141–AA60 Class II Minimum Internal Statement of Need: Periodic review CFR Citation: 25 CFR 542. Control Standards. and revision of existing standards based Legal Deadline: None. 3141–AA62 Buy Indian Goods and Serv- on input by a wide array of tribal Abstract: The NIGC is considering ices (BIGS) Rule. entities ensures that the MICS remain suspending the existing Class III 3141–AA64 Class II Minimum Technical relevant and appropriate. Recent review minimum internal control standards Standards. has uncovered a need for correction and (MICS) in part 542 and issuing 3141–AA66 Freedom of Information Act clarification to specific provisions of the guidance. Procedures. 3141–AA67 Fees. MICS, as well as a need to re-insert Statement of Need: The NIGC cannot standards that were accidentally enforce Class III MICS.

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Summary of Legal Basis: The D.C. Related RIN: Split from 3141–AA27 and on a broader spectrum of our Circuit Court’s decision in Colorado RIN: 3141–AA55 upcoming regulatory actions, see our River Indian Tribes v. National Indian BILLING CODE 7565–01–P portion of the Unified Agenda of Gaming Commission 383 F.Supp.2d 123 Regulatory and Deregulatory Actions. (D.D.C. 2005), affd., 466 F.3d 134 (D.C. We also provide additional information Cir. 2006), held that the NIGC cannot on planned rulemaking and petition for enforce Class III control standards. NUCLEAR REGULATORY rulemaking activities, including priority Alternatives: The NIGC has a number COMMISSION and schedule, on our website at https:// of options: (1) Retain the status quo; (2) Statement of Regulatory Priorities for www.nrc.gov/about-nrc/regulatory/ remove the standards; or (3) remove the Fiscal Year 2018 rulemaking/rules-petitions.html. standards and publish updated I. Introduction standards as guidance documents. At A. Proposed Rules this time, the NIGC has decided to Under the authority of the Atomic Cyber Security for Fuel Facilities (RIN suspend the standards provided in the Energy Act of 1954, as amended, and 3150–AJ64): This proposed rule would regulations and publish updated the Energy Reorganization Act of 1974, assure that NRC-licensed fuel cycle standards as guidance documents. as amended, the U.S. Nuclear facilities provide reasonable assurance Anticipated Cost and Benefits: There Regulatory Commission (NRC) regulates that digital assets associated with safety, are no anticipated cost increases to the the possession and use of source, security, emergency preparedness, and Federal Government or to tribal byproduct, and special nuclear material. safeguards are adequately protected governments as a result of this Our regulatory mission is to license and from cyber-attacks. regulatory action. regulate the Nation’s civilian use of Regulatory Guide (RG) 1.84, Rev. 38; Risks: There are no known risks to byproduct, source, and special nuclear RG 1.147, Rev. 19; and RG 1.192, Rev. this regulatory action. materials to ensure adequate protection 3; Approval of American Society of Timetable: of public health and safety, and promote Mechanical Engineers Code Cases (RIN the common defense and security. As 3150–AJ93; NRC–2017–0024): This Action Date FR Cite part of our mission, we regulate the proposed rule would incorporate by operation of nuclear power plants and First NPRM ...... 12/01/04 69 FR 69847 reference the American Society of fuel-cycle plants; the safeguarding of Mechanical Engineers Code Cases that First NPRM Com- 01/18/05 nuclear materials from theft and the NRC finds to be acceptable or ment Period sabotage; the safe transport, storage, and End. conditionally acceptable in the Code of disposal of radioactive materials and Second NPRM .... 03/10/05 70 FR 11893 Federal Regulations (CFR). wastes; the decommissioning and safe Second NPRM 04/25/05 U.S. Advanced Boiling Water Reactor release for other uses of licensed Comment Pe- (US–ABWR) Design Certification facilities that are no longer in operation; riod End. Renewal (RIN 3150–AK04; NRC–2017– Final Action on 05/04/05 70 FR 23011 and the medical, industrial, and 0090): This rule would amend the First NPRM. research applications of nuclear NRC’s regulations in Appendix A to 10 Final Action on 08/12/05 70 FR 47097 material. In addition, we license the CFR part 52 to renew the certification of Second NPRM. import and export of radioactive the US–ABWR design. Third NPRM ...... 11/15/05 70 FR 69293 materials. Third NPRM 12/30/05 As part of our regulatory process, we Enhanced Security for Special Comment Pe- Nuclear Material (formerly Physical riod End. routinely conduct comprehensive regulatory analyses that examine the Protection for Category I, II, and III Final Action on 05/11/06 71 FR 27385 Special Nuclear Material) (RIN 3150– Third NPRM. costs and benefits of contemplated Final Rule; Delay 08/30/12 77 FR 53817 regulations. We have developed internal AJ41; NRC–2014–0018): This proposed of Effective procedures and programs to ensure that rule would update fuel cycle and Date and Re- we impose only necessary requirements special nuclear material security quest for Com- on our licensees and to review existing regulations to make generically ments. regulations to determine whether the applicable security requirements Final Rule; Delay 10/04/12 77 FR 60625 requirements imposed are still imposed in post-September 11, 2001, of Effective security orders, and enhance existing Date and Re- necessary. Our regulatory priorities for fiscal security requirements through quest for Com- continued monitoring of threat ments. year (FY) 2018 reflect our complex Effective Date De- 04/22/14 mission and will enable us to achieve information and updated technical layed. our two strategic goals described in analyses. This rulemaking is on hold Final Action ...... 01/00/18 NUREG–1614, Volume 6, ‘‘Strategic pending completion of interagency Plan: Fiscal Years 2014–2018’’ (http:// interactions. Regulatory Flexibility Analysis www.nrc.gov/reading-rm/doc- B. Final Rules Required: No. collections/nuregs/staff/sr1614/v6/): (1) Government Levels Affected: Federal, To ensure the safe use of radioactive The following rulemaking activities Tribal. materials, and (2) to ensure the secure meet the requirements of a significant Sectors Affected: 92115 American use of radioactive materials. regulatory action in Executive Order Indian and Alaska Native Tribal 12866, ‘‘Regulatory Planning and Governments; 72112 Casino Hotels; II. Regulatory Priorities Review,’’ because they are likely to have 71321 Casinos (except Casino Hotels). This section contains information on an annual effect on the economy of $100 Agency Contact: Michael Hoenig, some of our most important and million or more. General Counsel, National Indian significant regulatory actions that we are Mitigation of Beyond Design Basis Gaming Commission, 1849 C Street NW, considering issuing in proposed or final Events (RIN 3150–AJ49; NRC–2011– Mailstop #1621, Washington, DC 20240, form during FY 2018. For additional 0189, NRC–2014–0240): This final rule Phone: 202 632–7003. information on these regulatory actions would enhance mitigation strategies for

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nuclear power reactors for beyond- NRC–2017–0026): This final rule would licensing, inspection, and annual fees design-basis external events. amend the NRC’s fee schedules for charged to its applicants and licensees. Revision of Fee Schedules: Fee [FR Doc. 2017–28207 Filed 1–11–18; 8:45 am] Recovery for FY 2018 (RIN 3150–AJ95; BILLING CODE 7590–01–P

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