Federal Register/Vol. 80, No. 240/Tuesday, December 15, 2015

77710 Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Regulatory Plan

REGULATORY INFORMATION section 610 of the Regulatory Flexibility Office of Personnel Management SERVICE CENTER Act. Pension Benefit Guaranty Corporation The complete fall 2015 Unified Small Business Administration Introduction to the Unified Agenda of Agenda contains the Regulatory Plans of Social Security Administration Federal Acquisition Regulation Federal Regulatory and Deregulatory 30 Federal agencies and 59 Federal Actions agency regulatory agendas. Independent Regulatory Agencies Consumer Financial Protection Bureau AGENCY: Regulatory Information Service ADDRESSES: Regulatory Information Service Center (MVE), General Services Consumer Product Safety Commission Center. Federal Trade Commission Administration, 1800 F Street NW., ACTION: Introduction to the Regulatory National Indian Gaming Commission 2219F, Washington, DC 20405. Plan and the Unified Agenda of Federal Nuclear Regulatory Commission FOR FURTHER INFORMATION CONTACT: For Regulatory and Deregulatory Actions. AGENCY REGULATORY FLEXIBILITY further information about specific AGENDAS SUMMARY: Publication of the Unified regulatory actions, please refer to the Agenda of Regulatory and Deregulatory agency contact listed for each entry. Cabinet Departments Actions and the Regulatory Plan To provide comment on or to obtain Department of Agriculture represent key components of the further information about this Department of Commerce regulatory planning mechanism publication, contact: John C. Thomas, Department of Defense Department of Education prescribed in Executive Order 12866, Executive Director, Regulatory Department of Energy ‘‘Regulatory Planning and Review’’ (58 Information Service Center (MVE), U.S. Department of Health and Human Services FR 51735) and incorporated in General Services Administration, 1800 F Department of Homeland Security Executive Order 13563, ‘‘Improving Street NW., 2219F, Washington, DC Department of Housing and Urban Regulation and Regulatory Review’’ 20405, (202) 482–7340. You may also Development issued on January 18, 2011 (76 FR send comments to us by email at: risc@ Department of the Interior 3821). The fall editions of the Unified gsa.gov. Department of Justice Department of Labor Agenda include the agency regulatory SUPPLEMENTARY INFORMATION: plans required by E.O. 12866, which Department of Transportation Department of the Treasury identify regulatory priorities and TABLE OF CONTENTS provide additional detail about the most Introduction to The Regulatory Plan and Other Executive Agencies important significant regulatory actions the Unified Agenda of Federal Architectural and Transportation Barriers that agencies expect to take in the Regulatory and Deregulatory Actions Compliance Board coming year. Environmental Protection Agency In addition, the Regulatory Flexibility I. What are The Regulatory Plan and the General Services Administration Unified Agenda? National Aeronautics and Space Act requires that agencies publish II. Why are The Regulatory Plan and the Administration semiannual ‘‘regulatory flexibility Unified Agenda published? Small Business Administration agendas’’ describing regulatory actions III. How are The Regulatory Plan and the Federal Acquisition Regulation they are developing that will have Unified Agenda organized? Independent Agencies significant effects on small businesses IV. What information appears for each and other small entities (5 U.S.C. 602). entry? Consumer Financial Protection Bureau The Unified Agenda of Regulatory V. Abbreviations. Consumer Product Safety Commission Federal Communication Commission and Deregulatory Actions (Unified VI. How can users get copies of the Plan and the Agenda? Federal Reserve System Agenda), published in the fall and Nuclear Regulatory Commission spring, helps agencies fulfill all of these Introduction to the Fall 2015 Regulatory Plan Securities and Exchange Commission requirements. All federal regulatory AGENCY REGULATORY PLANS agencies have chosen to publish their INTRODUCTION TO THE REGULATORY Cabinet Departments PLAN AND THE UNIFIED AGENDA OF regulatory agendas as part of this FEDERAL REGULATORY AND Department of Agriculture publication. The complete Unified DEREGULATORY ACTIONS Agenda and Regulatory Plan can be Department of Commerce found online at http://www.reginfo.gov Department of Defense I. What are the Regulatory Plan and the Department of Education Unified Agenda? and a reduced print version can be Department of Energy found in the Federal Register. Department of Health and Human Services The Regulatory Plan serves as a Information regarding obtaining printed Department of Homeland Security defining statement of the copies can also be found on the Department of Housing and Urban Administration’s regulatory and Reginfo.gov Web site (or below, VI. How Development deregulatory policies and priorities. The Can Users Get Copies of the Plan and Department of the Interior Plan is part of the fall edition of the the Agenda?). Department of Justice Unified Agenda. Each participating The fall 2015 Unified Agenda Department of Labor agency’s regulatory plan contains: (1) A publication appearing in the Federal Department of Transportation Department of the Treasury narrative statement of the agency’s Register consists of The Regulatory Plan Department of Veterans Affairs regulatory and deregulatory priorities, and agency regulatory flexibility and, for the most part, (2) a description Other Executive Agencies agendas, in accordance with the of the most important significant publication requirements of the Architectural and Transportation Barriers regulatory and deregulatory actions that Regulatory Flexibility Act. Agency Compliance Board the agency reasonably expects to issue regulatory flexibility agendas contain Environmental Protection Agency Equal Employment Opportunity Commission in proposed or final form during the only those Agenda entries for rules that General Services Administration upcoming fiscal year. This edition are likely to have a significant economic National Aeronautics and Space includes the regulatory plans of 30 impact on a substantial number of small Administration agencies. entities and entries that have been National Archives and Records The Unified Agenda provides selected for periodic review under Administration information about regulations that the

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Government is considering or Railroad Retirement Board II. Why are the Regulatory Plan and the reviewing. The Unified Agenda has Social Security Administration* Unified Agenda published? appeared in the Federal Register twice Commodity Futures Trading The Regulatory Plan and the Unified each year since 1983 and has been Commission Agenda helps agencies comply with available online since 1995. The Consumer Product Safety Commission* their obligations under the Regulatory complete Unified Agenda is available to Farm Credit Administration Flexibility Act and various Executive the public at http://www.reginfo.gov. Federal Deposit Insurance Corporation orders and other statutes. The online Unified Agenda offers Federal Energy Regulatory Commission flexible search tools and access to the Federal Housing Finance Agency Regulatory Flexibility Act historic Unified Agenda database Federal Maritime Commission The Regulatory Flexibility Act to1995. The complete online edition of Federal Trade Commission* requires agencies to identify those rules the Unified Agenda includes regulatory Gulf Coast Ecosystem Restoration that may have a significant economic agendas from 61 Federal agencies. Council impact on a substantial number of small Agencies of the United States Congress National Council on Disability entities (5 U.S.C. 602). Agencies meet are not included. National Credit Union Administration that requirement by including the The fall 2015 Unified Agenda National Indian Gaming Commission* information in their submissions for the publication appearing in the Federal National Labor Relations Board Unified Agenda. Agencies may also Register consists of The Regulatory Plan National Transportation Safety Board indicate those regulations that they are and agency regulatory flexibility Surface Transportation Board reviewing as part of their periodic agendas, in accordance with the The Regulatory Information Service review of existing rules under the publication requirements of the Center compiles the Unified Agenda for Regulatory Flexibility Act (5 U.S.C. Regulatory Flexibility Act. Agency the Office of Information and Regulatory 610). Executive Order 13272, ‘‘Proper regulatory flexibility agendas contain Affairs (OIRA), part of the Office of Consideration of Small Entities in only those Agenda entries for rules that Management and Budget. OIRA is Agency Rulemaking,’’ signed August 13, are likely to have a significant economic responsible for overseeing the Federal 2002 (67 FR 53461), provides additional impact on a substantial number of small Government’s regulatory, paperwork, guidance on compliance with the Act. entities and entries that have been and information resource management Executive Order 12866 selected for periodic review under activities, including implementation of Executive Order 12866, ‘‘Regulatory section 610 of the Regulatory Flexibility Executive Order 12866 (incorporated in Planning and Review,’’ signed Act. Printed entries display only the Executive Order 13563). The Center also September 30, 1993 (58 FR 51735), fields required by the Regulatory provides information about Federal requires covered agencies to prepare an Flexibility Act. Complete agenda regulatory activity to the President and agenda of all regulations under information for those entries appears, in his Executive Office, the Congress, a uniform format, in the online Unified development or review. The Order also agency officials, and the public. requires that certain agencies prepare Agenda at http://www.reginfo.gov. The activities included in the Agenda The following agencies have no annually a regulatory plan of their are, in general, those that will have a ‘‘most important significant regulatory entries for inclusion in the printed regulatory action within the next 12 regulatory flexibility agenda. An asterisk actions,’’ which appears as part of the months. Agencies may choose to fall Unified Agenda. Executive Order (*) indicates agencies that appear in The include activities that will have a longer Regulatory Plan. The regulatory agendas 13497, signed January 30, 2009 (74 FR timeframe than 12 months. Agency 6113), revoked the amendments to of these agencies are available to the agendas also show actions or reviews public at http://reginfo.gov. Executive Order 12866 that were completed or withdrawn since the last contained in Executive Order 13258 and Department of State Unified Agenda. Executive Order 12866 Executive Order 13422. Department of Veterans Affairs * does not require agencies to include Agency for International Development regulations concerning military or Executive Order 13563 Commission on Civil Rights foreign affairs functions or regulations Executive Order 13563, ‘‘Improving Committee for Purchase From People related to agency organization, Regulation and Regulatory Review,’’ Who Are Blind or Severely Disabled management, or personnel matters. issued on January 18, 2011, Corporation for National and Agencies prepared entries for this supplements and reaffirms the Community Service publication to give the public notice of principles, structures, and definitions Court Services and Offender their plans to review, propose, and issue governing contemporary regulatory Supervision Agency for the District regulations. They have tried to predict review that were established in of Columbia their activities over the next 12 months Executive Order 12866, which includes Equal Employment Opportunity as accurately as possible, but dates and the general principles of regulation and Commission* schedules are subject to change. public participation, and orders Institute of Museum and Library Agencies may withdraw some of the integration and innovation in Services regulations now under development, coordination across agencies; flexible National Archives and Records and they may issue or propose other approaches where relevant, feasible, and Administration* regulations not included in their consistent with regulatory approaches; National Endowment for the Arts agendas. Agency actions in the scientific integrity in any scientific or National Endowment for the Humanities rulemaking process may occur before or technological information and processes National Science Foundation after the dates they have listed. The used to support the agencies’ regulatory Office of Government Ethics Regulatory Plan and Unified Agenda do actions; and retrospective analysis of Office of Management and Budget not create a legal obligation on agencies existing regulations. Office of National Drug Control Policy to adhere to schedules in this Office of Personnel Management* publication or to confine their Executive Order 13132 Peace Corps regulatory activities to those regulations Executive Order 13132, ‘‘Federalism,’’ Pension Benefit Guaranty Corporation* that appear within it. signed August 4, 1999 (64 FR 43255),

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directs agencies to have an accountable include in their submissions for the providing information specific to that process to ensure meaningful and timely Unified Agenda information on whether agency plus descriptions of the agency’s input by State and local officials in the they have prepared or plan to prepare a regulatory and deregulatory actions. development of regulatory policies that Statement of Energy Effects for their The online, complete Unified Agenda have ‘‘federalism implications’’ as regulatory actions. contains the preambles of all defined in the Order. Under the Order, participating agencies. Unlike the Small Business Regulatory Enforcement an agency that is proposing a regulation printed edition, the online Agenda has Fairness Act with federalism implications, which no fixed ordering. In the online Agenda, either preempt State law or impose non- The Small Business Regulatory users can select the particular agencies’ statutory unfunded substantial direct Enforcement Fairness Act (Pub. L. 104– agendas they want to see. Users have compliance costs on State and local 121, title II) established a procedure for broad flexibility to specify the governments, must consult with State congressional review of rules (5 U.S.C. characteristics of the entries of interest and local officials early in the process 801 et seq.), which defers, unless to them by choosing the desired of developing the regulation. In exempted, the effective date of a responses to individual data fields. To addition, the agency must provide to the ‘‘major’’ rule for at least 60 days from see a listing of all of an agency’s entries, Director of the Office of Management the publication of the final rule in the a user can select the agency without and Budget a federalism summary Federal Register. The Act specifies that specifying any particular characteristics impact statement for such a regulation, a rule is ‘‘major’’ if it has resulted, or is of entries. which consists of a description of the likely to result, in an annual effect on Each entry in the Agenda is associated extent of the agency’s prior consultation the economy of $100 million or more or with one of five rulemaking stages. The with State and local officials, a meets other criteria specified in that rulemaking stages are: summary of their concerns and the Act. The Act provides that the 1. Prerule Stage—actions agencies agency’s position supporting the need to Administrator of OIRA will make the will undertake to determine whether or issue the regulation, and a statement of final determination as to whether a rule how to initiate rulemaking. Such actions the extent to which those concerns have is major. occur prior to a Notice of Proposed Rulemaking (NPRM) and may include been met. As part of this effort, agencies III. How are the Regulatory Plan and Advance Notices of Proposed include in their submissions for the the Unified Agenda organized? Unified Agenda information on whether Rulemaking (ANPRMs) and reviews of their regulatory actions may have an The Regulatory Plan appears in part II existing regulations. effect on the various levels of in a daily edition of the Federal 2. Proposed Rule Stage—actions for government and whether those actions Register. The Plan is a single document which agencies plan to publish a Notice have federalism implications. beginning with an introduction, of Proposed Rulemaking as the next step followed by a table of contents, followed in their rulemaking process or for which Unfunded Mandates Reform Act of 1995 by each agency’s section of the Plan. the closing date of the NPRM Comment The Unfunded Mandates Reform Act Following the Plan in the Federal Period is the next step. of 1995 (Pub. L. 104–4, title II) requires Register, as separate parts, are the 3. Final Rule Stage—actions for which agencies to prepare written assessments regulatory flexibility agendas for each agencies plan to publish a final rule or of the costs and benefits of significant agency whose agenda includes entries an interim final rule or to take other regulatory actions ‘‘that may result in for rules which are likely to have a final action as the next step. the expenditure by State, local, and significant economic impact on a 4. Long-Term Actions—items under tribal governments, in the aggregate, or substantial number of small entities or development but for which the agency by the private sector, of $100,000,000 or rules that have been selected for does not expect to have a regulatory more . . . in any 1 year . . .’’ The periodic review under section 610 of the action within the 12 months after requirement does not apply to Regulatory Flexibility Act. Each printed publication of this edition of the Unified independent regulatory agencies, nor agenda appears as a separate part. The Agenda. Some of the entries in this does it apply to certain subject areas sections of the Plan and the parts of the section may contain abbreviated excluded by section 4 of the Act. Unified Agenda are organized information. Affected agencies identify in the Unified alphabetically in four groups: Cabinet 5. Completed Actions — actions or Agenda those regulatory actions they departments; other executive agencies; reviews the agency has completed or believe are subject to title II of the Act. the Federal Acquisition Regulation, a withdrawn since publishing its last joint authority (Agenda only); and agenda. This section also includes items Executive Order 13211 independent regulatory agencies. the agency began and completed Executive Order 13211, ‘‘Actions Agencies may in turn be divided into between issues of the Agenda. Concerning Regulations That subagencies. Each printed agency Long-Term Actions are rulemakings Significantly Affect Energy Supply, agenda has a table of contents listing the reported during the publication cycle Distribution, or Use,’’ signed May 18, agency’s printed entries that follow. that are outside of the required 12- 2001 (66 FR 28355), directs agencies to Each agency’s part of the Agenda month reporting period for which the provide, to the extent possible, contains a preamble providing Agenda was intended. Completed information regarding the adverse information specific to that agency. Actions in the publication cycle are effects that agency actions may have on Each printed agency agenda has a table rulemakings that are ending their the supply, distribution, and use of of contents listing the agency’s printed lifecycle either by Withdrawal or energy. Under the Order, the agency entries that follow. completion of the rulemaking process. must prepare and submit a Statement of Each agency’s section of the Plan Therefore, the Long-Term and Energy Effects to the Administrator of contains a narrative statement of Completed RINs do not represent the the Office of Information and Regulatory regulatory priorities and, for most ongoing, forward-looking nature Affairs, Office of Management and agencies, a description of the agency’s intended for reporting developing Budget, for ‘‘those matters identified as most important significant regulatory rulemakings in the Agenda pursuant to significant energy actions.’’ As part of and deregulatory actions. Each agency’s Executive Order 12866, section 4(b) and this effort, agencies may optionally part of the Agenda contains a preamble 4(c). To further differentiate these two

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stages of rulemaking in the Unified completed section 610 reviews. In the (Pub. L. 104–4). The Act requires that, Agenda from active rulemakings, Long- online edition, these notations appear in before issuing an NPRM likely to result Term and Completed Actions are a separate field. in a mandate that may result in reported separately from active Priority—an indication of the expenditures by State, local, and tribal rulemakings, which can be any of the significance of the regulation. Agencies governments, in the aggregate, or by the first three stages of rulemaking listed assign each entry to one of the following private sector of more than $100 million above. A separate search function is five categories of significance. in 1 year, agencies, other than provided on http://reginfo.gov to search independent regulatory agencies, shall (1) Economically Significant for Completed and Long-Term Actions prepare a written statement containing apart from each other and active RINs. As defined in Executive Order 12866, an assessment of the anticipated costs A bullet (•) preceding the title of an a rulemaking action that will have an and benefits of the Federal mandate. entry indicates that the entry is annual effect on the economy of $100 Legal Authority—the section(s) of the appearing in the Unified Agenda for the million or more or will adversely affect United States Code (U.S.C.) or Public first time. in a material way the economy, a sector Law (Pub. L.) or the Executive order In the printed edition, all entries are of the economy, productivity, (E.O.) that authorize(s) the regulatory numbered sequentially from the competition, jobs, the environment, action. Agencies may provide popular beginning to the end of the publication. public health or safety, or State, local, name references to laws in addition to The sequence number preceding the or tribal governments or communities. these citations. title of each entry identifies the location The definition of an ‘‘economically CFR Citation—the section(s) of the of the entry in this edition. The significant’’ rule is similar but not Code of Federal Regulations that will be sequence number is used as the identical to the definition of a ‘‘major’’ affected by the action. reference in the printed table of rule under 5 U.S.C. 801 (Pub. L. 104– Legal Deadline—whether the action is contents. Sequence numbers are not 121). (See below.) subject to a statutory or judicial used in the online Unified Agenda deadline, the date of that deadline, and because the unique Regulation Identifier (2) Other Significant whether the deadline pertains to an Number (RIN) is able to provide this A rulemaking that is not NPRM, a Final Action, or some other cross-reference capability. Economically Significant but is action. Editions of the Unified Agenda prior considered Significant by the agency. Abstract—a brief description of the to fall 2007 contained several indexes, This category includes rules that the problem the regulation will address; the which identified entries with various agency anticipates will be reviewed need for a Federal solution; to the extent characteristics. These included under Executive Order 12866 or rules available, alternatives that the agency is regulatory actions for which agencies that are a priority of the agency head. considering to address the problem; and believe that the Regulatory Flexibility These rules may or may not be included potential costs and benefits of the Act may require a Regulatory Flexibility in the agency’s regulatory plan. action. Analysis, actions selected for periodic Timetable—the dates and citations (if review under section 610(c) of the (3) Substantive, Nonsignificant available) for all past steps and a Regulatory Flexibility Act, and actions A rulemaking that has substantive projected date for at least the next step that may have federalism implications impacts, but is neither Significant, nor for the regulatory action. A date as defined in Executive Order 13132 or Routine and Frequent, nor displayed in the form 12/00/14 means other effects on levels of government. Informational/Administrative/Other. the agency is predicting the month and These indexes are no longer compiled, year the action will take place but not because users of the online Unified (4) Routine and Frequent the day it will occur. In some instances, Agenda have the flexibility to search for A rulemaking that is a specific case of agencies may indicate what the next entries with any combination of desired a multiple recurring application of a action will be, but the date of that action characteristics. The online edition regulatory program in the Code of is ‘‘To Be Determined.’’ ‘‘Next Action retains the Unified Agenda’s subject Federal Regulations and that does not Undetermined’’ indicates the agency index based on the Federal Register alter the body of the regulation. does not know what action it will take next. Thesaurus of Indexing Terms. In (5) Informational/Administrative/Other addition, online users have the option of Regulatory Flexibility Analysis searching Agenda text fields for words A rulemaking that is primarily Required—whether an analysis is or phrases. informational or pertains to agency required by the Regulatory Flexibility matters not central to accomplishing the Act (5 U.S.C. 601 et seq.) because the IV. What information appears for each agency’s regulatory mandate but that the rulemaking action is likely to have a entry? agency places in the Unified Agenda to significant economic impact on a All entries in the online Unified inform the public of the activity. substantial number of small entities as Agenda contain uniform data elements Major — whether the rule is ‘‘major’’ defined by the Act. including, at a minimum, the following under 5 U.S.C. 801 (Pub. L. 104–121) Small Entities Affected—the types of information: because it has resulted or is likely to small entities (businesses, governmental Title of the Regulation—a brief result in an annual effect on the jurisdictions, or organizations) on which description of the subject of the economy of $100 million or more or the rulemaking action is likely to have regulation. In the printed edition, the meets other criteria specified in that an impact as defined by the Regulatory notation ‘‘Section 610 Review’’ Act. The Act provides that the Flexibility Act. Some agencies have following the title indicates that the Administrator of the Office of chosen to indicate likely effects on agency has selected the rule for its Information and Regulatory Affairs will small entities even though they believe periodic review of existing rules under make the final determination as to that a Regulatory Flexibility Analysis the Regulatory Flexibility Act (5 U.S.C. whether a rule is major. will not be required. 610(c)). Some agencies have indicated Unfunded Mandates—whether the Government Levels Affected—whether completions of section 610 reviews or rule is covered by section 202 of the the action is expected to affect levels of rulemaking actions resulting from Unfunded Mandates Reform Act of 1995 government and, if so, whether the

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governments are State, local, tribal, or previously completed RINs, or duplicate FY—The Federal fiscal year runs from Federal. RINs. October 1 to September 30. International Impacts—whether the Statement of Need—a description of NPRM—A Notice of Proposed regulation is expected to have the need for the regulatory action. Rulemaking is the document an agency international trade and investment Summary of the Legal Basis—a issues and publishes in the Federal effects, or otherwise may be of interest description of the legal basis for the Register that describes and solicits to the Nation’s international trading action, including whether any aspect of public comments on a proposed partners. the action is required by statute or court regulatory action. Under the Federalism—whether the action has order. Administrative Procedure Act (5 U.S.C. ‘‘federalism implications’’ as defined in Alternatives—a description of the 553), an NPRM must include, at a Executive Order 13132. This term refers minimum: alternatives the agency has considered • to actions ‘‘that have substantial direct or will consider as required by section A statement of the time, place, and effects on the States, on the relationship 4(c)(1)(B) of Executive Order 12866. nature of the public rulemaking between the national government and Anticipated Costs and Benefits—a proceeding; • A reference to the legal authority the States, or on the distribution of description of preliminary estimates of power and responsibilities among the under which the rule is proposed; and the anticipated costs and benefits of the • Either the terms or substance of the various levels of government.’’ action. proposed rule or a description of the Independent regulatory agencies are not Risks—a description of the magnitude subjects and issues involved. required to supply this information. of the risk the action addresses, the Public Law (or Pub. L.)—A public law Included in the Regulatory Plan— amount by which the agency expects the is a law passed by Congress and signed whether the rulemaking was included in action to reduce this risk, and the by the President or enacted over his the agency’s current regulatory plan relation of the risk and this risk veto. It has general applicability, unlike published in fall 2014. reduction effort to other risks and risk a private law that applies only to those Agency Contact—the name and phone reduction efforts within the agency’s persons or entities specifically number of at least one person in the jurisdiction. designated. Public laws are numbered in agency who is knowledgeable about the V. Abbreviations sequence throughout the 2-year life of rulemaking action. The agency may also each Congress; for example, Pub. L. provide the title, address, fax number, The following abbreviations appear 112–4 is the fourth public law of the email address, and TDD for each agency throughout this publication: 112th Congress. contact. ANPRM—An Advance Notice of RFA—A Regulatory Flexibility Some agencies have provided the Proposed Rulemaking is a preliminary Analysis is a description and analysis of following optional information: notice, published in the Federal the impact of a rule on small entities, RIN Information URL—the Internet Register, announcing that an agency is including small businesses, small address of a site that provides more considering a regulatory action. An governmental jurisdictions, and certain information about the entry. agency may issue an ANPRM before it small not-for-profit organizations. The Public Comment URL—the Internet develops a detailed proposed rule. An Regulatory Flexibility Act (5 U.S.C. 601 address of a site that will accept public ANPRM describes the general area that et seq.) requires each agency to prepare comments on the entry. Alternatively, may be subject to regulation and usually an initial RFA for public comment when timely public comments may be asks for public comment on the issues it is required to publish an NPRM and submitted at the Governmentwide e- and options being discussed. An to make available a final RFA when the rulemaking site, http:// ANPRM is issued only when an agency final rule is published, unless the www.regulations.gov. believes it needs to gather more agency head certifies that the rule Additional Information—any information before proceeding to a would not have a significant economic information an agency wishes to include notice of proposed rulemaking. impact on a substantial number of small that does not have a specific CFR—The Code of Federal entities. corresponding data element. Regulations is an annual codification of RIN—The Regulation Identifier Compliance Cost to the Public—the the general and permanent regulations Number is assigned by the Regulatory estimated gross compliance cost of the published in the Federal Register by the Information Service Center to identify action. agencies of the Federal Government. each regulatory action listed in the Affected Sectors—the industrial The Code is divided into 50 titles, each Regulatory Plan and the Unified sectors that the action may most affect, title covering a broad area subject to Agenda, as directed by Executive Order either directly or indirectly. Affected Federal regulation. The CFR is keyed to 12866 (section 4(b)). Additionally, OMB sectors are identified by North and kept up to date by the daily issues has asked agencies to include RINs in American Industry Classification of the Federal Register. the headings of their Rule and Proposed System (NAICS) codes. E.O.—An Executive order is a Rule documents when publishing them Energy Effects—an indication of directive from the President to in the Federal Register, to make it easier whether the agency has prepared or Executive agencies, issued under for the public and agency officials to plans to prepare a Statement of Energy constitutional or statutory authority. track the publication history of Effects for the action, as required by Executive orders are published in the regulatory actions throughout their Executive Order 13211 ‘‘Actions Federal Register and in title 3 of the development. Concerning Regulations That Code of Federal Regulations. Seq. No.—The sequence number Significantly Affect Energy Supply, FR—The Federal Register is a daily identifies the location of an entry in the Distribution, or Use,’’ signed May 18, Federal Government publication that printed edition of the Regulatory Plan 2001 (66 FR 28355). provides a uniform system for and the Unified Agenda. Note that a Related RINs—one or more past or publishing Presidential documents, all specific regulatory action will have the current RIN(s) associated with activity proposed and final regulations, notices same RIN throughout its development related to this action, such as merged of meetings, and other official but will generally have different RINs, split RINs, new activity for documents issued by Federal agencies. sequence numbers if it appears in

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different printed editions of the Unified Regulatory Plan and the Unified Agenda Regulatory and Deregulatory Actions Agenda. Sequence numbers are not used (agency regulatory flexibility agendas) since fall 1995 are available in in the online Unified Agenda. are available from the Superintendent of electronic form at http://reginfo.gov, U.S.C.—The United States Code is a Documents, U.S. Government Printing along with flexible search tools. consolidation and codification of all Office, P.O. Box 371954, Pittsburgh, PA The Government Printing Office’s general and permanent laws of the 15250–7954. Telephone: (202) 512–1800 GPO FDsys Web site contains copies of United States. The U.S.C. is divided into or 1–866–512–1800 (toll-free). the Agendas and Regulatory Plans that 50 titles, each title covering a broad area Copies of individual agency materials have been printed in the Federal of Federal law. may be available directly from the Register. These documents are available agency or may be found on the agency’s at http://www.fdsys.gov. VI. How can users get copies of the Plan Web site. Please contact the particular and the Agenda? agency for further information. Dated: November 16, 2015. Copies of the Federal Register issue All editions of The Regulatory Plan John C. Thomas, containing the printed edition of The and the Unified Agenda of Federal Executive Director.

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INTRODUCTION TO THE 2015 several factors: Regulations may count agencies to reevaluate existing rules and REGULATORY PLAN as economically significant because they to streamline, modify, or eliminate those Executive Order 12866, issued in impose costs, confer large benefits, or regulations that do not make sense in 1993, requires the production of a remove significant burdens. their current form. The agencies’ lookback efforts so far during this Unified Regulatory Agenda and Executive Orders 13563 and 13610: Regulatory Plan. Executive Order 13563, Regulatory Development, and the Administration have yielded issued in 2011, reaffirms the Retrospective Review of Regulation approximately $22 billion in savings for requirements of Executive Order 12866. the American public over the next five Executive Order 13563 reaffirmed the years. Consistent with these Executive Orders, principles, structures, and definitions in the Office of Information and Regulatory The Administration is continuing to Executive Order 12866, which has long work with agencies to institutionalize Affairs (OIRA) is providing the 2015 governed regulatory review. Executive Unified Regulatory Agenda (Agenda) retrospective review so that agencies Order 13563 explicitly points to the regularly review existing rules on the and the Regulatory Plan (Plan) for need for predictability and certainty in public review. The Agenda and Plan are books to ensure they remain effective, the regulatory system, as well as for use cost-justified, and based on the best preliminary statements of regulatory of the least burdensome means to and deregulatory policies and priorities available science. The Administration achieving regulatory ends. These will continue to examine what is under consideration. The Agenda and Executive Orders include the Plan include ‘‘active rulemakings’’ that working and what is not, and eliminate requirement that, to the extent unjustified and outdated regulations. agencies could possibly conclude over permitted by law, agencies should not the next year. Regulatory lookback is an ongoing proceed with rulemaking in the absence exercise, and continues to be a high The Plan provides a list of important of a reasoned determination that the regulatory actions that agencies are priority for the Administration. In benefits justify the costs. They also accordance with Executive Orders considering for issuance in proposed or establish public participation, final form during the 2016 fiscal year. In 13610 and 13563, in July 2015, agencies integration and innovation, flexible submitted to OIRA the latest updates of contrast, the Agenda is a more inclusive approaches, scientific integrity, and list, including numerous ministerial their retrospective review plans, which retrospective review as areas of are publicly available at: https://www. actions and routine rulemakings, as well emphasis in regulation. In particular, as long-term initiatives that agencies do whitehouse.gov/omb/oira/regulation- Executive Order 13563 explicitly draws reform. Federal agencies will again not plan to complete in the coming year attention to the need to measure and update their retrospective review plans but on which they are actively working. improve ‘‘the actual results of regulatory in January 2016. OIRA has asked A central purpose of the Agenda is to requirements’’—a clear reference to the agencies to continue to emphasize involve the public, including State, importance of the retrospective review regulatory lookbacks in their latest local, and tribal officials, in Federal of regulations. regulatory planning. The public Executive Order 13563 addresses new Regulatory Plans. examination of the Agenda and Plan regulations that are under development, Reflecting that focus, the current will facilitate public participation in a as well as retrospective review of Agenda lists approximately seventy-five regulatory system that, in the words of existing regulations that are already in rules under active development that are Executive Order 13563, protects ‘‘public place. With respect to agencies’ review characterized as retroactively reviewing health, welfare, safety, and our of existing regulations, the Executive existing programs. Below are some environment while promoting economic Order calls for careful reassessment examples of agency plans to reevaluate growth, innovation, competitiveness, based on empirical analysis. The current practices in accordance with and job creation.’’ We emphasize that prospective analysis required by Executive Orders 13563 and 13610: rules listed on the Agenda must still Executive Order 13563 may depend on —After extensive public engagement undergo significant development and a degree of prediction and speculation and in response to a recent court review before they are issued. No about a rule’s likely impacts, and the decision, the Environmental regulatory action can become effective actual costs and benefits of a regulation Protection Agency (EPA) is proposing until it has gone through the legally may be lower or higher than what was revisions to the 2007 Exceptional required processes, which generally anticipated when the rule was originally Events rule. These revisions will include public notice and comment. developed. streamline the process that states Any proposed or final action must also Executive Order 13610, Identifying follow to decide whether air quality satisfy the requirements of relevant and Reducing Regulatory Burdens, monitoring data associated with an statutes, Executive Orders, and issued in 2012, institutionalizes the ‘‘exceptional event’’ should be Presidential Memoranda. Those retrospective—or ‘‘lookback’’— included when determining if an area requirements, public comments, and mechanism set out in Executive Order is meeting national air quality new information may or may not lead 13563 by requiring agencies to report to standards. Exceptional events include an agency to go forward with an action the Office of Management and Budget natural events such as wildfires, that is currently under contemplation. and to the public twice each year stratospheric ozone intrusions, and Among other information, the Agenda (January and July) on the status of their volcanic and seismic activities. Given also provides an initial classification of retrospective review efforts. In these the possible influence of wildfires on whether a rulemaking is ‘‘significant’’ or reports, agencies are to ‘‘describe ozone, EPA is also releasing draft ‘‘economically significant’’ under the progress, anticipated accomplishments, guidance that provides states with terms of Executive Orders 12866 and and proposed timelines for relevant additional information on preparing 13563. Whether a regulation is listed on actions.’’ exceptional events demonstrations for the Agenda as ‘‘economically Executive Orders 13563 and 13610 wildfires as they relate to the ozone significant’’ within the meaning of recognize that circumstances may standards. Executive Order 12866 (generally, change in a way that requires —The Department of Labor (DOL) has having an annual effect on the economy reconsideration of regulatory taken steps to include retrospective of $100 million or more) can depend on requirements. Lookback analysis allows analysis requirements in new

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regulations in order to facilitate for high loan-to-value FHA-insured the summer of 2014, the United States evaluation of their impacts. For mortgages. This change is based on and Canada released the U.S.-Canada example, DOL’s Mine Safety and the increased quality of construction Regulatory Cooperation Council (RCC) Health Administration announced in materials and the standardization of Joint Forward Plan.1 The Forward Plan its 2014 Respirable Dust final rule that building codes and building code identifies twenty-four areas of it will conduct a retrospective review enforcement. HUD expects the rule to cooperation where the United States in 2017 to evaluate the data collected increase flexibility for homeowners and Canada will work together over the using continuous personal dust and reduce the regulatory burden on next three to five years in order to monitors. Additionally, the lenders. modernize our thinking around Occupational Safety and Health Executive Order 13609: International international regulatory cooperation and Administration’s Recordkeeping and Regulatory Cooperation develop a toolbox of strategies to Reporting Requirements final rule— address international regulatory issues moving from the Standard Industrial In addition to using regulatory as they arise. Building on the Forward Classification System to the North lookback as a tool to make the Plan, in the Spring of 2015, agencies in American Industry Classification regulatory system more efficient, the the United States and Canada issued System for determining which Administration has focused on joint work plans to guide focused industries are low-hazard and promoting international regulatory international regulatory cooperation potentially exempt from cooperation. International regulatory efforts. The Forward Plan and related recordkeeping requirements— cooperation supports economic growth, work represent a significant turning includes a commitment to conduct a job creation, innovation, trade and point in the Administration’s regulatory retrospective review of the agency’s investment, while also protecting public cooperation relationship with Canada, recordkeeping regulations. Finally, in health, safety, and welfare. In May 2012, and outline new Federal agency-level DOL’s Wage and Hour Division’s President Obama issued Executive partnership arrangements to help recent Notice of Proposed Rulemaking Order 13609, Promoting International institutionalize the ways in which our to modernize the Fair Labor Standards Regulatory Cooperation, which regulators work together. The Forward Act’s Overtime Exemptions for emphasizes the importance of these Plan will help remove unnecessary Executive, Administrative, efforts as a key tool for eliminating requirements, develop common Professional, Outside Sales and unnecessary differences in regulation standards, and identify potential areas Computer Employees, the Division between the United States and its major where future regulation may proposed to consider a future trading partners. Additionally, as part of unnecessarily differ. This kind of retrospective review of the rule after the regulatory lookback initiative, international cooperation on regulations it is finalized and implemented. Executive Order 13609 requires agencies between the United States and Canada —The Department of Housing and to ‘‘consider reforms to existing will help eliminate barriers to doing Urban Development (HUD) is working significant regulations that address business in the United States or with on a final rule to streamline, in unnecessary differences in regulatory U.S. companies, grow the economy, and several ways, the inspection and requirements between the United States create jobs. The Administration also home warranty requirements for the and its major trading partners . . . when continues to work with other countries, Federal Housing Administration’s stakeholders provide adequate including Mexico and Brazil, to identify (FHA) single family mortgage information to the agency establishing opportunities for regulatory insurance. In doing so, FHA would that the differences are unnecessary.’’ cooperation. increase choice and lower the costs Executive Order 13609 also directed for FHA borrowers. First, HUD is each agency to submit a Regulatory Plan * * * * * considering the removal of regulations that includes ‘‘a summary of its The Administration continues to that require the use of an inspector international regulatory cooperation foster a regulatory system that from the FHA Inspector Roster as a activities that are reasonably anticipated emphasizes the careful consideration of condition for FHA mortgage to lead to significant regulations.’’ costs and benefits, public participation, insurance. This change is based on Further, Executive Order 13609 requires integration, regulatory innovation, the recognition of the sufficiency and each agency to ‘‘ensure that significant flexible regulatory approaches, and quality of inspections carried out by regulations that the agency identifies as science. These considerations are meant local jurisdictions. Second, this rule having significant international impacts to produce a regulatory system that would also remove the regulations are designated as such’’ in the draws on recent learning, that is driven requiring homeowners to purchase Regulatory Agenda. by evidence, and that is suited to the 10-year protection plans from FHA- In furtherance of this focus on distinctive circumstances of the 21st approved warranty issuers to qualify international regulatory cooperation, in Century.

DEPARTMENT OF AGRICULTURE