[December 10, 2007 (Volume 72, Number 236)] [Unified Agenda] From the Federal Register Online via GPO Access [frwais.access.gpo.gov] [DOCID: f:ua071001.wais] [Page 69737-69742] Regulatory Information Service Center ----------------------------------------------------------------------- Part II ----------------------------------------------------------------------- Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / The Regulatory Plan Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / The Regulatory Plan [[Page 69737]] REGULATORY INFORMATION SERVICE CENTER Introduction to The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions AGENCY: Regulatory Information Service Center. ACTION: Introduction to The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions. _______________________________________________________________________ SUMMARY: The Regulatory Flexibility Act requires that agencies publish semiannual regulatory agendas describing regulatory actions they are developing that may have a significant economic impact on a substantial number of small entities (5 U.S.C. 602). Executive Order 12866 ``Regulatory Planning and Review,'' signed September 30, 1993 (58 FR 51735), as amended, and Office of Management and Budget memoranda implementing section 4 of that Order establish minimum standards for agencies' agendas, including specific types of information for each entry. Section 4 of Executive Order 12866 also directs that each agency prepare, as part of its submission to the fall edition of the Unified Agenda, a regulatory plan of the most important significant regulatory actions that the agency reasonably expects to issue in proposed or final form during the upcoming fiscal year. The Regulatory Plan (Plan) and the Unified Agenda of Federal Regulatory and Deregulatory Actions (Unified Agenda) help agencies fulfill these requirements. Prior editions of the Unified Agenda have been printed in their entirety in the Federal Register. Beginning with the fall 2007 edition, the Internet is the basic means for conveying Regulatory Agenda information to the maximum extent legally permissible. The complete Unified Agenda, including The Regulatory Plan, is available to the public at http://reginfo.gov. The fall 2007 Unified Agenda publication appearing in the Federal Register consists of The Regulatory Plan and agency regulatory flexibility agendas, in accordance with the publication requirements of the Regulatory Flexibility Act. Agency regulatory flexibility agendas contain only those Agenda entries for rules which are likely to have a significant economic impact on a substantial number of small entities and entries that have been selected for periodic review under section 610 of the Regulatory Flexibility Act. The complete fall 2007 Unified Agenda contains the plans of 29 Federal agencies and the regulatory agendas for these and 29 other Federal agencies. ADDRESSES: Regulatory Information Service Center (MI), General Services Administration, 1800 F Street NW., Suite 3039, Washington, DC 20405. FOR FURTHER INFORMATION CONTACT: For further information about specific regulatory actions, please refer to the Agency Contact listed for each entry. To provide comment on or to obtain further information about this publication, contact: John C. Thomas, Executive Director, Regulatory Information Service Center (MI), General Services Administration, 1800 F Street NW., Suite 3039, Washington, DC 20405, (202) 482-7340. You may also send comments to us by e-mail at: RISC@gsa.gov SUPPLEMENTARY INFORMATION: TABLE OF CONTENTS Page Introduction to The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions I. What Are The Regulatory Plan and the Unified Agenda?......... 69738 II. Why Are The Regulatory Plan and the Unified Agenda 69739 Published?..................................................... III. How Are The Regulatory Plan and the Unified Agenda 69739 Organized?..................................................... IV. What Information Appears for Each Entry?.................... 69740 V. Abbreviations................................................ 69741 VI. How Can Users Get Copies of the Plan and the Agenda?........ 69742 Introduction to the Fall 2007 Regulatory Plan................... 69743 AGENCY REGULATORY PLANS Cabinet Departments Department of Agriculture....................................... 69755 Department of Commerce.......................................... 69785 Department of Defense........................................... 69793 Department of Education......................................... 69796 Department of Energy............................................ 69799 Department of Health and Human Services......................... 69802 Department of Homeland Security................................. 69819 Department of Housing and Urban Development..................... 69852 Department of the Interior...................................... 69856 Department of Justice........................................... 69866 Department of Labor............................................. 69871 Department of Transportation.................................... 69888 Department of the Treasury...................................... 69910 Department of Veterans Affairs.................................. 69921 Other Executive Agencies Environmental Protection Agency................................. 69922 Equal Employment Opportunity Commission......................... 69957 General Services Administration................................. 69959 National Aeronautics and Space Administration................... 69960 National Archives and Records Administration.................... 69961 Office of Personnel Management.................................. 69962 Pension Benefit Guaranty Corporation............................ 69964 Small Business Administration................................... 69965 Social Security Administration.................................. 69966 Independent Regulatory Agencies Consumer Product Safety Commission.............................. 69979 Federal Housing Finance Board................................... 69981 Federal Maritime Commission..................................... 69982 Federal Trade Commission........................................ 69983 National Indian Gaming Commission............................... 69994 Postal Regulatory Commission.................................... 69996 AGENCY AGENDAS Cabinet Departments Department of Agriculture....................................... 69999 Department of Commerce.......................................... 70013 Department of Defense........................................... 70037 Department of Energy............................................ 70041 Department of Health and Human Services......................... 70043 Department of Homeland Security................................. 70065 Department of Housing and Urban Development..................... 70075 Department of the Interior...................................... 70079 Department of Justice........................................... 70081 Department of Labor............................................. 70087 Department of Transportation.................................... 70095 Other Executive Agencies Environmental Protection Agency................................. 70117 [[Page 69738]] General Services Administration................................. 70125 National Foundation on the Arts and the Humanities Institute of Museum and Library Services...................... 70129 National Endowment for the Arts............................... 70131 Office of Personnel Management.................................. 70133 Small Business Administration................................... 70135 Social Security Administration.................................. 70141 Joint Authority Department of Defense/General Services Administration/National 70143 Aeronautics and Space Administration (Federal Acquisition Regulation).................................................... Independent Regulatory Agencies Federal Communications Commission............................... 70147 Federal Energy Regulatory Commission............................ 70193 Federal Reserve System.......................................... 70195 Federal Trade Commission........................................ 70199 Nuclear Regulatory Commission................................... 70203 Securities and Exchange Commission.............................. 70207 INTRODUCTION TO THE REGULATORY PLAN AND THE UNIFIED AGENDA OF FEDERAL REGULATORY AND DEREGULATORY ACTIONS I. What Are The Regulatory Plan and the Unified Agenda? The Regulatory Plan serves as a defining statement of the Administration's regulatory and deregulatory policies and priorities. The Plan is part of the fall edition of the Unified Agenda. Each participating agency's regulatory plan contains: (1) A narrative statement of the agency's regulatory priorities and, for most agencies, (2) a description of the most important significant regulatory and deregulatory actions that the agency reasonably expects to issue in proposed or final form during the upcoming fiscal year. This edition includes the regulatory plans of 29 agencies. The Unified Agenda provides information about regulations that the Government is considering or reviewing. The Unified Agenda has appeared in the Federal Register twice each year since 1983 and has been available online since 1995. In order to further the Administration's commitment to use modern technology to deliver better service to the American people for lower cost, beginning with the fall 2007 edition, the Internet is the basic means for conveying Regulatory Agenda information to the maximum extent legally permissible. The complete Unified Agenda, including The Regulatory Plan, is available to the public at http://reginfo.gov. The online Unified Agenda offers flexible search tools and, by early 2008, access to the entire historic Unified Agenda database. The fall 2007 Unified Agenda publication appearing in the Federal Register consists of The Regulatory Plan and agency regulatory flexibility agendas, in accordance with the publication requirements of the Regulatory Flexibility Act. Agency regulatory flexibility agendas contain only those Agenda entries for rules which are likely to have a significant economic impact on a substantial number of small entities and entries that have been selected for periodic review under section 610 of the Regulatory Flexibility Act. Printed entries display only the fields required by the Regulatory Flexibility Act. Complete agenda information for those entries appears, in a uniform format, in the online Unified Agenda at http://reginfo.gov. These changes meet the publication mandates of the Regulatory Flexibility Act and Executive Order 12866, as amended, as well as move the Agenda process toward the Administration's goal of e-Government, while providing a substantial reduction in printing costs. The changes do not reduce the amount of information available to the public, but they do limit most of the content of the Agenda to online access. The complete online edition of the Unified Agenda includes regulatory agendas from 58 Federal agencies. Agencies of the United States Congress are not included. The following agencies have no entries identified for inclusion in the printed regulatory flexibility agenda. An asterisk (*) indicates agencies that appear in the Regulatory Plan. The regulatory agendas of these agencies are available to the public at http://reginfo.gov. Department of Education * Department of State Department of the Treasury * Department of Veterans Affairs * Agency for International Development Architectural and Transportation Barriers Compliance Board Commission on Civil Rights Commodity Futures Trading Commission Committee for Purchase From People Who Are Blind or Severely Disabled Consumer Product Safety Commission * Corporation for National and Community Service Court Services and Offender Supervision Agency for the District of Columbia Equal Employment Opportunity Commission * Farm Credit Administration Federal Deposit Insurance Corporation Federal Housing Finance Board * Federal Maritime Commission * Federal Mediation and Conciliation Service National Aeronautics and Space Administration * National Archives and Records Administration * National Credit Union Administration National Endowment for the Humanities National Indian Gaming Commission * Office of Federal Housing Enterprise Oversight Office of Government Ethics Office of Management and Budget Peace Corps Pension Benefit Guaranty Corporation * Postal Regulatory Commission * Privacy and Civil Liberties Oversight Board Railroad Retirement Board Selective Service System Surface Transportation Board The Regulatory Information Service Center (the Center) compiles the Plan and the Unified Agenda for the Office of Information and Regulatory Affairs (OIRA), part of the Office of Management and Budget. OIRA is responsible for overseeing the Federal Government's regulatory, paperwork, and information resource management activities, including implementation of Executive Order 12866. The Center also provides information about Federal regulatory activity to the President and his Executive Office, the Congress, agency managers, and the public. [[Page 69739]] The activities included in the Agenda are, in general, those that will have a regulatory action within the next 12 months. Agencies may choose to include activities that will have a longer timeframe than 12 months. Agency agendas also show actions or reviews completed or withdrawn since the last Unified Agenda. Executive Order 12866 does not require agencies to include regulations concerning military or foreign affairs functions or regulations related to agency organization, management, or personnel matters. Agencies prepared entries for this publication to give the public notice of their plans to review, propose, and issue regulations. They have tried to predict their activities over the next 12 months as accurately as possible, but dates and schedules are subject to change. Agencies may withdraw some of the regulations now under development, and they may issue or propose other regulations not included in their agendas. Agency actions in the rulemaking process may occur before or after the dates they have listed. The Regulatory Plan and the Unified Agenda do not create a legal obligation on agencies to adhere to schedules in this publication or to confine their regulatory activities to those regulations that appear within it. II. Why Are The Regulatory Plan and the Unified Agenda Published? The Regulatory Plan and the Unified Agenda help agencies comply with their obligations under the Regulatory Flexibility Act and various Executive orders and other statutes. Regulatory Flexibility Act The Regulatory Flexibility Act requires agencies to identify those rules that may have a significant economic impact on a substantial number of small entities (5 U.S.C. 602). Agencies meet that requirement by including the information in their submissions for the Unified Agenda. Agencies may also indicate those regulations that they are reviewing as part of their periodic review of existing rules under the Regulatory Flexibility Act (5 U.S.C. 610). Executive Order 13272 entitled ``Proper Consideration of Small Entities in Agency Rulemaking,'' signed August 13, 2002 (67 FR 53461) provides additional guidance on compliance with the Act. Executive Order 12866 Executive Order 12866 entitled ``Regulatory Planning and Review,'' signed September 30, 1993 (58 FR 51735) requires covered agencies to prepare an agenda of all regulations under development or review. The Order also requires that certain agencies prepare annually a regulatory plan of their ``most important significant regulatory actions,'' which appears as part of the fall Unified Agenda. The requirements for regulatory plans were amended by Executive Order 13422 entitled ``Further Amendment to Executive Order 12866 on Regulatory Planning and Review,'' signed January 18, 2007 (72 FR 2763). Executive Order 13132 Executive Order 13132 entitled ``Federalism,'' signed August 4, 1999 (64 FR 43255) directs agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have ``federalism implications'' as defined in the Order. Under the Order, an agency that is proposing regulations with federalism implications, which either preempt State law or impose nonstatutory unfunded substantial direct compliance costs on State and local governments, must consult with State and local officials early in the process of developing the regulation. In addition, the agency must provide to the Director of the Office of Management and Budget a federalism summary impact statement for such regulations, which consists of a description of the extent of the agency's prior consultation with State and local officials, a summary of their concerns and the agency's position supporting the need to issue the regulation, and a statement of the extent to which those concerns have been met. As part of this effort, agencies include in their submissions for the Unified Agenda information on whether their regulatory actions may have an effect on the various levels of government and whether those actions have federalism implications. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, title II) requires agencies to prepare written assessments of the costs and benefits of significant regulatory actions ``that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more . . . in any 1 year . . . .'' The requirement does not apply to independent regulatory agencies, nor does it apply to certain subject areas excluded by section 4 of the Act. Affected agencies identify in the Unified Agenda those regulatory actions they believe are subject to title II of the Act. Executive Order 13211 Executive Order 13211 entitled ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,'' signed May 18, 2001 (66 FR 28355) directs agencies to provide, to the extent possible, information regarding the adverse effects that agency actions may have on the supply, distribution, and use of energy. Under the Order, the agency must prepare and submit a Statement of Energy Effects to the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, for ``those matters identified as significant energy actions.'' As part of this effort, agencies may optionally include in their submissions for the Unified Agenda information on whether they have prepared or plan to prepare a Statement of Energy Effects for their regulatory actions. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act (Pub. L. 104-121, title II) established a procedure for congressional review of rules (5 U.S.C. 801 et seq.), which defers, unless exempted, the effective date of a ``major'' rule for at least 60 days from the publication of the final rule in the Federal Register. The Act specifies that a rule is ``major'' if it has resulted or is likely to result in an annual effect on the economy of $100 million or more or meets other criteria specified in that Act. The Act provides that the Administrator of OIRA will make the final determination as to whether a rule is major. III. How Are The Regulatory Plan and the Unified Agenda Organized? The Regulatory Plan appears in part II of a daily edition of the Federal Register. The Plan is a single document beginning with an introduction, followed by a table of contents, followed by each agency's section of the Plan. Following the Plan in the Federal Register, as separate parts, are the regulatory flexibility agendas for each agency whose agenda includes entries for rules which are likely to have a significant economic impact on a substantial number of small entities or rules that have been selected for periodic review under section 610 of the Regulatory Flexibility Act. Each printed agenda appears as a separate part. The sections [[Page 69740]] of the Plan and the parts of the Unified Agenda are organized alphabetically in four groups: Cabinet departments; other executive agencies; the Federal Acquisition Regulation, a joint authority (Agenda only); and independent regulatory agencies. Agencies may in turn be divided into subagencies. Unlike the printed edition, the online, complete Unified Agenda has no fixed ordering. In the online Agenda, users can select the particular agencies whose agendas or plans they want to see. Users also have broad flexibility to specify the characteristics of the entries of interest to them. Each agency's section of the Plan contains a narrative statement of regulatory priorities and, for most agencies, a description of the agency's most important significant regulatory and deregulatory actions. Each agency's part of the Agenda contains a preamble providing information specific to that part. The printed agency agendas have a table of contents that lists their printed entries. Following the table of contents is a description of the agency's regulatory and deregulatory actions. In the online Agenda, users can see a listing of an agency's entries by selecting the agency. In the Agenda, each agency presents its entries under one of five rulemaking stages. In the Plan, only the first three stages are applicable. Some agencies use subheadings to identify regulations that are grouped according to particular topics. The rulemaking stages are: 1. Prerule Stage -- actions agencies will undertake to determine whether or how to initiate rulemaking. Such actions occur prior to a Notice of Proposed Rulemaking (NPRM) and may include Advance Notices of Proposed Rulemaking (ANPRMs) and reviews of existing regulations. 2. Proposed Rule Stage -- actions for which agencies plan to publish a Notice of Proposed Rulemaking as the next step in their rulemaking process or for which the closing date of the NPRM Comment Period is the next step. 3. Final Rule Stage -- actions for which agencies plan to publish a final rule or an interim final rule or to take other final action as the next step. 4. Long-Term Actions -- items under development but for which the agency does not expect to have a regulatory action within the 12 months after publication of this edition of the Unified Agenda. Some of the entries in this section may contain abbreviated information. 5. Completed Actions -- actions or reviews the agency has completed or withdrawn since publishing its last agenda. This section also includes items the agency began and completed between issues of the Agenda. A bullet () preceding the title of an entry indicates that the entry is appearing in the Unified Agenda for the first time. In the printed edition, all entries are numbered sequentially from the beginning to the end of the publication. The sequence number preceding the title of each entry identifies the location of the entry in this edition. This sequence number is used as the reference in the printed table of contents. Sequence numbers are not used in the online Unified Agenda because the unique Regulation Identifier Number (RIN) is able to provide this cross-reference capability. Previous editions of the Unified Agenda contained several indexes, which identified entries with various characteristics. These included regulatory actions for which agencies believe that the Regulatory Flexibility Act may require a Regulatory Flexibility Analysis, actions selected for periodic review under section 610(c) of the Regulatory Flexibility Act, and actions that may have federalism implications as defined in Executive Order 13132 or other effects on levels of government. These indexes are no longer compiled, because users of the online Unified Agenda have the flexibility to search for entries with any combination of desired characteristics. The online edition retains the Unified Agenda's subject index based on the Federal Register Thesaurus of Indexing Terms. In addition, online users have the option of searching Agenda text fields for words or phrases. IV. What Information Appears for Each Entry? All entries in the Unified Agenda contain uniform data elements including, at a minimum, the following information: Title of the Regulation -- a brief description of the subject of the regulation. In the printed edition, the notation ``Section 610 Review'' following the title indicates that the agency has selected the rule for its periodic review of existing rules under the Regulatory Flexibility Act (5 U.S.C. 610(c)). Some agencies have indicated completions of section 610 reviews or rulemaking actions resulting from completed section 610 reviews. In the online edition, these notations appear as separate fields. Priority -- an indication of the significance of the regulation. Agencies assign each entry to one of the following five categories of significance. (1) Economically Significant As defined in Executive Order 12866, a rulemaking action that will have an annual effect on the economy of $100 million or more or will adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. The definition of an ``economically significant'' rule is similar but not identical to the definition of a ``major'' rule under 5 U.S.C. 801 (Pub. L. 104-121). (See below.) (2) Other Significant A rulemaking that is not Economically Significant but is considered Significant by the agency. This category includes rules that the agency anticipates will be reviewed under Executive Order 12866 or rules that are a priority of the agency head. These rules may or may not be included in the agency's regulatory plan. (3) Substantive, Nonsignificant A rulemaking that has substantive impacts but is neither Significant, nor Routine and Frequent, nor Informational/Administrative/Other. (4) Routine and Frequent A rulemaking that is a specific case of a multiple recurring application of a regulatory program in the Code of Federal Regulations and that does not alter the body of the regulation. (5) Informational/Administrative/Other A rulemaking that is primarily informational or pertains to agency matters not central to accomplishing the agency's regulatory mandate but that the agency places in the Unified Agenda to inform the public of the activity. In addition, if a rule is ``major'' under 5 U.S.C. 801 (Pub. L. 104-121) because it has resulted or is likely to result in [[Page 69741]] an annual effect on the economy of $100 million or more or meets other criteria specified in that Act, this is indicated under the ``Priority'' heading. The Act provides that the Administrator of the Office of Information and Regulatory Affairs will make the final determination as to whether a rule is major. Unfunded Mandates -- whether the rule is covered by section 202 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The Act requires that, before issuing an NPRM likely to result in a mandate that may result in expenditures by State, local, and tribal governments, in the aggregate, or by the private sector of more than $100 million in 1 year, agencies, other than independent regulatory agencies, shall prepare a written statement containing an assessment of the anticipated costs and benefits of the Federal mandate. If the agency believes the entry is not subject to the Act, this data element will not be printed. Legal Authority -- the section(s) of the United States Code (U.S.C.) or Public Law (Pub. L.) or the Executive order (E.O.) that authorize(s) the regulatory action. Agencies may provide popular name references to laws in addition to these citations. CFR Citation -- the section(s) of the Code of Federal Regulations that will be affected by the action. Legal Deadline -- whether the action is subject to a statutory or judicial deadline, the date of that deadline, and whether the deadline pertains to an NPRM, a Final Action, or some other action. Abstract -- a brief description of the problem the regulation will address; the need for a Federal solution; to the extent available, alternatives that the agency is considering to address the problem; and potential costs and benefits of the action. Timetable -- the dates and citations (if available) for all past steps and a projected date for at least the next step for the regulatory action. A date printed in the form 02/00/08 means the agency is predicting the month and year the action will take place but not the day it will occur. In some instances, agencies may indicate what the next action will be, but the date of that action is ``To Be Determined.'' ``Next Action Undetermined'' indicates the agency does not know what action it will take next. Regulatory Flexibility Analysis Required -- whether an analysis is required by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because the rulemaking action is likely to have a significant economic impact on a substantial number of small entities as defined by the Act. Small Entities Affected -- the types of small entities (businesses, governmental jurisdictions, or organizations) on which the rulemaking action is likely to have an impact as defined by the Regulatory Flexibility Act. Some agencies have chosen to indicate likely effects on small entities even though they believe that a Regulatory Flexibility Analysis will not be required. Government Levels Affected -- whether the action is expected to affect levels of government and, if so, whether the governments are State, local, tribal, or Federal. Federalism -- whether the action has ``federalism implications'' as defined in Executive Order 13132. This term refers to actions ``that have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' If the action does not have federalism implications, this data element will not be printed. Independent regulatory agencies are not required to supply this information. Agency Contact -- the name and phone number of at least one person in the agency who is knowledgeable about the rulemaking action. The agency may also provide the title, address, fax number, e-mail address, and TDD for each agency contact. Some agencies have provided the following optional information: URL for More Information -- the Internet address of a site that provides more information about the entry. URL for Public Comments -- the Internet address of a site that will accept public comments on the entry. Alternatively, timely public comments may be submitted at the governmentwide e-rulemaking site, http://www.regulations.gov. Additional Information -- any information an agency wishes to include that does not have a specific data element. Compliance Cost to the Public -- the estimated gross compliance cost of the action. Affected Sectors -- the industrial sectors that the action may most affect, either directly or indirectly. Affected Sectors are identified by North American Industry Classification System (NAICS) codes. Energy Effects -- an indication of whether the agency has prepared or plans to prepare a Statement of Energy Effects for the action, as required by Executive Order 13211 ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,'' signed May 18, 2001 (66 FR 28355). Related RINs -- one or more past or current RINs associated with activity related to this action, such as merged RINs, split RINs, new activity for previously completed RINs, or duplicate RINs. Entries appearing in The Regulatory Plan include one or more of the following additional data elements, but will, at a minimum, include information in Statement of Need and in Anticipated Costs and Benefits: Statement of Need -- a description of the need for the regulatory action. Summary of the Legal Basis -- a description of the legal basis for the action, including whether any aspect of the action is required by statute or court order. Alternatives -- a description of the alternatives the agency has considered or will consider as required by section 4(c)(1)(B) of Executive Order 12866. Anticipated Costs and Benefits -- a description of preliminary estimates of the anticipated costs and benefits of the action. Risks -- a description of the magnitude of the risk the action addresses, the amount by which the agency expects the action to reduce this risk, and the relation of the risk and this risk reduction effort to other risks and risk reduction efforts within the agency's jurisdiction. V. Abbreviations The following abbreviations appear throughout this publication: ANPRM -- An Advance Notice of Proposed Rulemaking is a preliminary notice, published in the Federal Register, announcing that an agency is considering a regulatory action. An agency may issue an ANPRM before it develops [[Page 69742]] a detailed proposed rule. An ANPRM describes the general area that may be subject to regulation and usually asks for public comment on the issues and options being discussed. An ANPRM is issued only when an agency believes it needs to gather more information before proceeding to a notice of proposed rulemaking. CFR -- The Code of Federal Regulations is an annual codification of the general and permanent regulations published in the Federal Register by the agencies of the Federal Government. The Code is divided into 50 titles, each title covering a broad area subject to Federal regulation. The CFR is keyed to and kept up to date by the daily issues of the Federal Register. EO -- An Executive order is a directive from the President to Executive agencies, issued under constitutional or statutory authority. Executive orders are published in the Federal Register and in title 3 of the Code of Federal Regulations. FR -- The Federal Register is a daily Federal Government publication that provides a uniform system for publishing Presidential documents, all proposed and final regulations, notices of meetings, and other official documents issued by Federal agencies. FY -- The Federal fiscal year runs from October 1 to September 30. NPRM -- A Notice of Proposed Rulemaking is the document an agency issues and publishes in the Federal Register that describes and solicits public comments on a proposed regulatory action. Under the Administrative Procedure Act (5 U.S.C. 553), an NPRM must include, at a minimum: a statement of the time, place, and nature of the public rulemaking proceeding; a reference to the legal authority under which the rule is proposed; and either the terms or substance of the proposed rule or a description of the subjects and issues involved. PL (or Pub. L.) -- A Public Law is a law passed by Congress and signed by the President or enacted over his veto. It has general applicability, unlike a private law that applies only to those persons or entities specifically designated. Public laws are numbered in sequence throughout the 2-year life of each Congress; for example, PL 110-4 is the fourth public law of the 110th Congress. RFA -- A Regulatory Flexibility Analysis is a description and analysis of the impact of a rule on small entities, including small businesses, small governmental jurisdictions, and certain small not- for-profit organizations. The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires each agency to prepare an initial RFA for public comment when it is required to publish an NPRM and to make available a final RFA when the final rule is published, unless the agency head certifies that the rule would not have a significant economic impact on a substantial number of small entities. RIN -- The Regulation Identifier Number is assigned by the Regulatory Information Service Center to identify each regulatory action listed in The Regulatory Plan and the Unified Agenda, as directed by Executive Order 12866 (section 4(b)). Additionally, OMB has asked agencies to include RINs in the headings of their Rule and Proposed Rule documents when publishing them in the Federal Register, to make it easier for the public and agency officials to track the publication history of regulatory actions throughout their development. Seq. No. -- The Sequence Number identifies the location of an entry in the printed edition of the Agenda. Note that a specific regulatory action will have the same RIN throughout its development but will generally have different sequence numbers in different editions of The Regulatory Plan and the Agenda. USC -- The United States Code is a consolidation and codification of all general and permanent laws of the United States. The USC is divided into 50 titles, each title covering a broad area of Federal law. VI. How Can Users Get Copies of the Plan and the Agenda? Printed copies of this edition of the Federal Register are available from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-7954. Telephone: (202) 512-1800 or 1-866-512-1800 (toll-free). Copies of individual agency materials may be available directly from the agency or may be found on the agency's website. Please contact the particular agency for further information. All editions of The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions, since fall 1995, are currently available in electronic form in the format used previously. By early 2008, users of the online edition will have access to the entire historic Unified Agenda database. You can search the Agenda and the Plan at: http://reginfo.gov In accordance with regulations for the Federal Register, the Government Printing Office's GPO Access website contains copies of the Agendas and Regulatory Plans that have been printed in the Federal Register. These documents are available at: http://www.gpoaccess.gov/ua/index.html Dated: November 21, 2007. John C. Thomas, Executive Director. [Page 69743-69997] The Regulatory Plan ____________________________________________________________________ [[Page 69743]] INTRODUCTION TO THE FALL 2007 REGULATORY PLAN Federal regulation is a fundamental instrument of national policy. It is one of the three major tools -- in addition to spending and taxing -- used to implement policy. It is used to advance numerous public objectives, including homeland security, environmental protection, educational quality, food safety, transportation safety, health care quality, equal employment opportunity, energy security, immigration control, and consumer protection. The Office of Management and Budget's (OMB) Office of Information and Regulatory Affairs (OIRA) is responsible for overseeing and coordinating the Federal Government's regulatory policies. The Regulatory Plan is published as part of the fall edition of the Unified Agenda of Federal Regulatory and Deregulatory Actions, and serves as a statement of the Administration's regulatory and deregulatory policies and priorities. The purpose of the Plan is to make the regulatory process more accessible to the public and to ensure that the planning and coordination necessary for a well-functioning regulatory process occurs. The Plan identifies regulatory priorities and contains information about the most significant regulatory actions that agencies expect to undertake in the coming year. An accessible regulatory process enables citizen centered service, which is a vital part of the President's Management Agenda. Federal Regulatory Policy The Bush Administration supports Federal regulations that are sensible and based on sound science, economics, and the law. Accordingly, the Administration is striving for a regulatory process that adopts new rules when markets fail to serve the public interest, simplifies and modifies existing rules to make them more effective or less costly or less intrusive, and rescinds outmoded rules whose benefits do not justify their costs. In pursuing this agenda, OIRA has adopted an approach based on the principles of regulatory analysis and policy espoused in Executive Order 12866, signed by President Clinton in 1993. Effective regulatory policy is not uniformly pro- regulation or anti-regulation. It begins with the authority granted under the law. Within the discretion available to the regulating agency by its statutory authority, agencies apply a number of principles articulated in Executive Order 12866, as well as other applicable Executive Orders, in order to design regulations that achieve their ends in the most efficient way. This means bringing to bear on the policy problem sound economic principles, the highest quality information, and the best possible science. This is not always an easy task, as sometimes economic and scientific information may point in very different directions, and therefore designing regulations does not mean just the rote application of quantified data to reach policy decisions. In making regulatory decisions, we expect agencies to consider not only benefit and cost items that can be quantified and expressed in monetary units, but also other attributes and factors that cannot be integrated readily in a benefit-cost framework, such as fairness and privacy. However, effective regulation is the result of the careful use of all available high-quality data, and the application of broad principles established by the President. [[Page 69744]] In pursuing this goal of establishing an effective, results-oriented regulatory system, the Bush Administration has increased the level of public involvement and transparency in the development of regulations, including in OMB's review of new and existing regulations. The Administration's e-rulemaking initiative is designed to improve the public's ability to get involved in the rulemaking process. Visitors to the website, http://www.regulations.gov, can view and comment electronically on regulations proposed by Federal departments and agencies. Starting with this edition, the Regulatory Plan and Unified Agenda are available electronically in searchable database format at http://reginfo.gov. Additionally, beginning in early 2008, prior editions of the Regulatory Plan and Unified Agenda will also be made available in searchable format at http://reginfo.gov. For new rulemakings and programs, OIRA has enhanced the transparency of OMB's regulatory review process. OIRA's website now enables the public to find which rules are formally under review at OMB and which rules have recently been cleared or have been returned to agencies for reconsideration. OIRA has also increased the amount of information available on its website. In addition to information on meetings and correspondence, OIRA makes available communications from the OIRA Administrator to agencies, including ``prompt letters,'' ``return letters,'' and ``post clearance letters,'' as well as the Administrator's memorandum to the President's Management Council (September 20, 2001) on presidential review of agency rulemaking by OIRA. For existing rulemakings, OIRA has initiated a modest series of calls for reform nominations in 2001, 2002, and 2004. In the draft 2001 annual Report to Congress on the Costs and Benefits of Federal Regulation, OMB asked for suggestions from the public about specific regulations that should be modified in order to increase net benefits to the public. We received suggestions regarding 71 regulations, 23 of which OMB designated as high priorities. After a similar call for reforms in the 2002 draft Report, OMB received recommendations on 316 distinct rules, guidance documents, and paperwork requirements from over 1,700 commenters. Many of the nominations involved rules and guidance documents that were recently issued or already under review by the agencies, or involved independent agency rules or guidance documents. OMB determined that the remaining 122 rules and 34 guidance documents were not under active review, and referred them to the agencies for their evaluation as possible reforms. Finally, in the 2004 draft Report, OMB requested public nominations of promising regulatory reforms relevant to the manufacturing sector. In particular, commenters were asked to suggest specific reforms to rules, guidance documents, or paperwork requirements that would improve manufacturing regulation by reducing unnecessary costs, increasing effectiveness, enhancing competitiveness, reducing uncertainty, and increasing flexibility. In response to the solicitation, OMB received 189 distinct reform nominations from 41 commenters. Of these, Federal agencies and OMB have determined that 76 of the 189 nominations have potential merit and justify further action. For further information, all of these Reports are available on OIRA's website at http://www.whitehouse.gov/omb/ inforeg/regpol.html. The Bush Administration has also moved aggressively to establish basic quality performance goals for all information disseminated by Federal agencies, including information disseminated in support of proposed and final regulations. The Federal agencies issued guidelines on October 1, 2002 under the Information Quality Act to ensure the ``quality, objectivity, utility, and integrity'' of all information disseminated by Federal agencies. Under these guidelines, Federal agencies are taking appropriate steps to incorporate the information quality performance standards into agency information dissemination practices, and developing pre- dissemination review procedures to substantiate the quality of information before it is disseminated. Under the [[Page 69745]] agency information quality guidelines, ``affected persons'' can request that the agencies correct information if they believe that scientific, technical, economic, statistical or other information disseminated does not meet the agency and OMB standards. If the requestor is dissatisfied with the initial agency response to a correction request, an appeal opportunity is provided by the agencies. With the implementation of these guidelines, agencies are now aware that ensuring the high quality of government information disseminations is a high priority of the Administration. Further information on OIRA's activities implementing the Information Quality Act is available on OIRA's website at http:// www.whitehouse.gov/omb/inforeg/infopoltech.html. As part of its efforts to improve the quality, objectivity, utility, and integrity of information disseminated by the Federal agencies, on December 16, 2004, OMB issued a Final Information Quality Bulletin for Peer Review. This Bulletin establishes government- wide guidance aimed at enhancing the practice of peer review of government science documents. The Bulletin describes minimum standards for when peer review is required and how intensive the peer review should be for different information. The Bulletin requires the most rigorous form of peer review for highly influential scientific assessments. Further information on peer review is available on OIRA's website at http:/ /www.whitehouse.gov/omb/memoranda/fy2005/m05-03.pdf. Recognizing the importance of agency interpretations of existing regulations, OIRA recently changed its policies concerning the development and review of agency ``guidance documents.'' On January 18, 2007, the President issued Executive Order 13422, ``Amendment to Executive Order 12866 for Regulatory Planning and Review.'' On that same day, OMB issued its Bulletin on Agency Good Guidance Practices. The primary focus of the Executive Order and the Good Guidance Bulletin is to increase the quality, transparency, and accountability of guidance documents. The Good Guidance Bulletin, which OMB issued after seeking public comment on a proposed version, established policies and procedures for agencies to apply in their development and issuance of ``significant'' and ``economically significant'' guidance documents. This Bulletin will ensure that guidance documents are of high quality, developed with appropriate agency review and public participation, and readily accessible by the public. The principal change to E.O. 12866 is a new process that will provide an opportunity for interagency coordination and review of significant guidance documents prior to their issuance. E.O. 12866 was amended in several other ways. For example, to ensure appropriate accountability, the E.O. modifies the procedures for an agency's adoption of its annual Regulatory Plan and requires that an agency's Regulatory Policy Officer be a Presidential appointee. The E.O. also updates the Principles of Regulation in E.O. 12866 to reflect the guidance-coordination provisions in pre-existing OMB guidance. In addition to increasing the level of public involvement and transparency in its review of regulations, the Bush Administration has sought to enhance the role of analysis in the development of effective regulations. On September 17, 2003, OMB issued revised guidance to agencies on regulatory analysis.\1\ Key features of the revised guidance include more emphasis on cost-effectiveness, more careful evaluation of qualitative and intangible values, and a greater emphasis on considering the uncertainty inherent in estimates of impact. OIRA was very interested in updating the guidance in light of these and other innovations now commonplace in the research community. ------------ \1\ See Circular A-4, ``Regulatory Analysis,'' published as part of OMB's 2003 Report to Congress on the Costs and Benefits of Federal Regulations. The report is available on OMB's website at http:// www.whitehouse.gov/omb/inforeg/2003--cost-ben--final-- rpt.pdf [[Page 69746]] Further, in 2007 OMB and the Office of Science and Technology Policy (OSTP) issued an updated memorandum outlining principles for conducting analyses of health, safety, and environmental risk. The memorandum reaffirms risk analysis principles previously released by OMB in 1995 and reinforces them with more recent guidance from the scientific community, Congress, and the Executive Branch. The 2007 Regulatory Plan continues OIRA's effort to ensure coordination across Federal agencies in pursuing analytically sound regulatory policies. The Administration's 2007 Regulatory Priorities With regard to Federal regulation, the Bush Administration's objective is quality, not quantity. Those rules that are adopted promise to be more effective, less intrusive, and more cost-effective in achieving national objectives while demonstrating greater durability in the face of political and legal attack. The Regulatory Plan is integral to enhancing the quality of Federal regulations, and OMB seeks to ensure that the public is provided with the information needed to understand and comment on the Federal regulatory agenda. Accordingly, the 2007 Regulatory Plan highlights the following themes: Regulations that are particularly good examples of the Administration's ``smart'' regulation agenda to streamline regulations and reporting requirements, which is a key part of the President's economic plan. Regulations that are of particular concern to small businesses. Regulations that respond to public nominations submitted to OMB in 2001 or 2002. Regulations that address 2004 nominations for promising regulatory reforms in the manufacturing sector. Conclusion Smarter regulatory policies, created through public participation, transparency, and cooperation across Federal agencies, are a key Administration objective. The following department and agency plans provide further information on regulatory priorities. All agencies' plans are a reflection of the Administration's Federal Regulatory Policy objectives, which aim at implementing an effective and results- oriented regulatory system. [[Page 69747]] DEPARTMENT OF AGRICULTURE -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 1 National Organic Program: Add Standards for the Organic Certification of Wild Captured Aquatic 0581-AB97 Prerule Stage Animals (TM-01-08) 2 Mandatory Country of Origin Labeling of Beef, Pork, Lamb, Fish, Perishable Agricultural 0581-AC26 Final Rule Stage Commodities, and Peanuts (LS-03-04) 3 Mandatory Reporting for Dairy Programs (DA-06-07) 0581-AC66 Final Rule Stage 4 Livestock Mandatory Reporting: Revise Reporting Regulation for Swine, Cattle, Lamb, and Boxed Beef 0581-AC67 Final Rule Stage (LS-07-01) 5 Regulation of Genetically Engineered Animals 0579-AC37 Prerule Stage 6 Animal Welfare; Regulations and Standards for Birds 0579-AC02 Proposed Rule Stage 7 Importation of Plants for Planting; Establishing a New Category of Plants for Planting Not 0579-AC03 Proposed Rule Authorized for Importation Pending Risk Assessment Stage 8 Introduction of Organisms and Products Altered or Produced Through Genetic Engineering 0579-AC31 Proposed Rule Stage 9 Nutrition Standards in the National School Lunch and School Breakfast Programs 0584-AD59 Proposed Rule Stage 10 Child and Adult Care Food Program: Improving Management and Program Integrity 0584-AC24 Final Rule Stage 11 FSP: Eligibility and Certification Provisions of the Farm Security and Rural Investment Act of 2002 0584-AD30 Final Rule Stage 12 Quality Control Provisions of Title IV of Public Law 107-171 0584-AD31 Final Rule Stage 13 Special Nutrition Programs: Fluid Milk Substitutions 0584-AD58 Final Rule Stage 14 Direct Certification of Children in Food Stamp Households and Certification of Homeless, Migrant, 0584-AD60 Final Rule Stage and Runaway Children for Free Meals in the NSLP, SBP, and SMP 15 Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): WIC Vendor Cost 0584-AD71 Final Rule Stage Containment 16 Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Revisions in the WIC 0584-AD77 Final Rule Stage Food Packages 17 Egg Products Inspection Regulations 0583-AC58 Proposed Rule Stage 18 Changes to Regulatory Jurisdiction Over Certain Food Products Containing Meat and Poultry 0583-AD28 Proposed Rule Stage 19 Public Health-Based Poultry Slaughter Inspection 0583-AD32 Proposed Rule Stage 20 Performance Standards for the Production of Processed Meat and Poultry Products; Control of 0583-AC46 Final Rule Stage Listeria Monocytogenes in Ready-To-Eat Meat and Poultry Products 21 Nutrition Labeling of Single-Ingredient Products and Ground or Chopped Meat and Poultry Products 0583-AC60 Final Rule Stage 22 Availability of Lists of Retail Consignees During Meat or Poultry Product Recalls 0583-AD10 Final Rule Stage 23 Forest Service National Environmental Policy Act Procedures 0596-AC49 Proposed Rule Stage 24 Special Areas; State-Specific Inventoried Roadless Area Management: Idaho 0596-AC62 Proposed Rule Stage 25 Special Areas; State-Specific Inventoried Roadless Area Management: Colorado 0596-AC74 Proposed Rule Stage 26 Planning Subpart A - National Forest System Land Management Planning 0596-AC70 Final Rule Stage 27 Delivery Enhancement for Guaranteed Loans 0570-AA65 Final Rule Stage 28 Rural Broadband Access Loans and Loan Guarantees 0572-AC06 Final Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF COMMERCE -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 29 Provide Guidance for the Limited Access Privilege Program Provisions of the Magnuson-Stevens 0648-AV48 Proposed Rule Fishery Conservation Reauthorization Act of 2006 Stage 30 Certification of Nations Whose Fishing Vessels Are Engaged in IUU Fishing or Bycatch of Protected 0648-AV51 Proposed Rule Living Marine Resources Stage [[Page 69748]] 31 Guidance for Annual Catch Limits (ACLs) and Accountability Measures (AMs) To End Overfishing 0648-AV60 Proposed Rule Stage 32 Right Whale Ship Strike Reduction 0648-AS36 Final Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF EDUCATION -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 33 Title IV of the Higher Education Act of 1965, as Amended 1840-AC93 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF ENERGY -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 34 Energy Conservation Standards for Residential Electric and Gas Ranges and Ovens and Microwave 1904-AB49 Prerule Stage Ovens, Dishwashers, Dehumidifiers, and Commercial Clothes Washers 35 Energy Efficiency Standards for Packaged Terminal Air Conditioners and Packaged Terminal Heat Pumps 1904-AB44 Proposed Rule Stage 36 Energy Efficiency Standards for Commercial Refrigeration Equipment 1904-AB59 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 37 Control of Communicable Diseases, Interstate and Foreign Quarantine 0920-AA12 Final Rule Stage 38 Electronic Submission of Data From Studies Evaluating Human Drugs and Biologics 0910-AC52 Proposed Rule Stage 39 Content and Format of Labeling for Human Prescription Drugs and Biologics; Requirements for 0910-AF11 Proposed Rule Pregnancy and Lactation Labeling Stage 40 Label Requirement for Food That Has Been Refused Admission Into the United States 0910-AF61 Proposed Rule Stage 41 Medical Device Reporting; Electronic Submission Requirements 0910-AF86 Proposed Rule Stage 42 Electronic Registration and Listing for Devices 0910-AF88 Proposed Rule Stage 43 Current Good Manufacturing Practice in Manufacturing, Packing, or Holding Dietary Ingredients and 0910-AB88 Final Rule Stage Dietary Supplements 44 Prevention of Salmonella Enteritidis in Shell Eggs 0910-AC14 Final Rule Stage 45 Prior Notice of Imported Food Under the Public Health Security and Bioterrorism Preparedness and 0910-AC41 Final Rule Stage Response Act of 2002 46 Expanded Access to Investigational Drugs for Treatment Use 0910-AF14 Final Rule Stage 47 Standards for E-Prescribing Under Medicare Part D (CMS-0016-P) 0938-AO66 Proposed Rule Stage 48 Application of Certain Appeals Provisions to the Medicare Prescription Drug Appeals Process (CMS- 0938-AO87 Proposed Rule 4127-P) Stage 49 Medicare Supplemental Policies (CMS-4084-P) 0938-AP10 Proposed Rule Stage 50 Changes to the Hospital Outpatient Prospective Payment System and Ambulatory Surgical Center 0938-AP17 Proposed Rule Payment System for CY 2009 (CMS-1404-P) Stage [[Page 69749]] 51 Revisions to Payment Policies Under the Physician Fee Schedule and Ambulance Fee Schedule for CY 0938-AP18 Proposed Rule 2009 (CMS-1403-P) Stage 52 End Stage Renal Disease (ESRD) Conditions for Coverage (CMS-3818-F) 0938-AG82 Final Rule Stage 53 Hospice Care Conditions of Participation (CMS-3844-F) 0938-AH27 Final Rule Stage 54 Health Coverage Portability: Tolling Certain Time Periods and Interactions With Family and Medical 0938-AL88 Final Rule Stage Leave Act (CMS-2158-F) -------------------------------------------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 55 Implementation of the United States Visitor and Immigrant Status Indicator Technology Program (US- 1601-AA34 Proposed Rule VISIT); Biometric Requirements for Exit at Air and Sea Ports Stage 56 Minimum Standards for Driver's Licenses and Identification Cards Acceptable to Federal Agencies for 1601-AA37 Final Rule Stage Official Purposes 57 Reduction of the Number of Acceptable Documents and Other Changes to Employment Verification 1615-AA01 Proposed Rule Requirements Stage 58 Special Immigrant and Nonimmigrant Religious Workers 1615-AA16 Final Rule Stage 59 Adjustment of Status to Lawful Permanent Resident for Aliens in T and U Nonimmigrant Status 1615-AA60 Final Rule Stage 60 Changes to Requirements Affecting H-2A Nonimmigrants 1615-AB65 Final Rule Stage 61 Implementation of the 1995 Amendments to the International Convention on Standards of Training, 1625-AA16 Proposed Rule Certification, and Watchkeeping (STCW) for Seafarers, 1978 (USCG-2004-17914) Stage 62 Commercial Fishing Industry Vessels (USCG-2003-16158) 1625-AA77 Proposed Rule Stage 63 Navigation Equipment; SOLAS Chapter V Amendments and Electronic Chart System (USCG-2004-19588) 1625-AA91 Proposed Rule Stage 64 Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification System (USCG- 1625-AA99 Proposed Rule 2005-21869) Stage 65 Increasing Passenger Weight Standard for Passenger Vessels (USCG 2005-22732) 1625-AB20 Proposed Rule Stage 66 Transportation Worker Identification Credential (TWIC); Card Reader Requirements (USCG-2007-28915) 1625-AB21 Proposed Rule Stage 67 Outer Continental Shelf Activities (USCG-1998-3868) 1625-AA18 Final Rule Stage 68 Advance Information on Private Aircraft Arriving and Departing the United States 1651-AA41 Proposed Rule Stage 69 Importer Security Filing and Additional Carrier Requirements 1651-AA70 Proposed Rule Stage 70 Documents Required for Travelers Entering the United States at Sea and Land Ports-of-Entry From 1651-AA69 Final Rule Stage Within the Western Hemisphere 71 Aircraft Repair Station Security 1652-AA38 Proposed Rule Stage 72 Secure Flight Program 1652-AA45 Proposed Rule Stage 73 Large Aircraft Security Program, Other Aircraft Operator Security Program, and Airport Operator 1652-AA53 Proposed Rule Security Program Stage 74 Public Transportation--Security Plan 1652-AA56 Proposed Rule Stage 75 Railroads-Security Training of Employees 1652-AA57 Proposed Rule Stage [[Page 69750]] 76 Railroads--Vulnerability Assessment and Security Plan 1652-AA58 Proposed Rule Stage 77 Over-the-Road Buses--Security Training of Employees 1652-AA59 Proposed Rule Stage 78 Over-the-Road Buses--Vulnerability Assessment and Security Plan 1652-AA60 Proposed Rule Stage 79 Security Threat Assessments of Certain Transportation Personnel 1652-AA61 Proposed Rule Stage 80 Rail Transportation Security 1652-AA51 Final Rule Stage 81 Public Transportation-Security Training of Employees 1652-AA55 Final Rule Stage 82 Special Community Disaster Loans Program 1660-AA44 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 83 HUD's Regulation of Fannie Mae and Freddie Mac: Housing Goals (FR-4960) 2501-AD12 Proposed Rule Stage 84 Real Estate Settlement Procedures Act (RESPA); To Simplify and Improve the Process of Obtaining 2502-AI61 Proposed Rule Mortgages and Reduce Consumer Costs (FR-5180) Stage 85 Capital Fund Program (FR-4880) 2577-AC50 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 86 Placement of Excess Spoil 1029-AC04 Proposed Rule Stage 87 Oil Shale Leasing and Operations 1004-AD90 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF JUSTICE -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 88 Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities 1190-AA44 Proposed Rule Stage 89 Nondiscrimination on the Basis of Disability in State and Local Government Services 1190-AA46 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF LABOR -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 90 Family and Medical Leave Act of 1993; Conform to the Supreme Court's Ragsdale Decision 1215-AB35 Proposed Rule Stage 91 Senior Community Service Employment Program 1205-AB48 Proposed Rule Stage 92 YouthBuild Program 1205-AB49 Proposed Rule Stage [[Page 69751]] 93 Apprenticeship Programs, Labor Standards for Registration, Amendment of Regulations 1205-AB50 Proposed Rule Stage 94 Federal-State Unemployment Compensation Program; Interstate Arrangement for Combining Employment 1205-AB51 Proposed Rule and Wages Stage 95 Senior Community Service Employment Program; Performance Accountability 1205-AB47 Final Rule Stage 96 Fee and Expense Disclosures to Participants in Individual Account Plans 1210-AB07 Proposed Rule Stage 97 Amendment of Standards Applicable to General Statutory Exemption for Services 1210-AB08 Proposed Rule Stage 98 Prohibited Transaction Exemption for Provision of Investment Advice to Participants in Individual 1210-AB13 Proposed Rule Account Plans Stage 99 Periodic Pension Benefit Statements 1210-AB20 Proposed Rule Stage 100 Regulations Implementing the Health Care Access, Portability, and Renewability Provisions of the 1210-AA54 Final Rule Stage Health Insurance Portability and Accountability Act of 1996 101 Section 404 Regulation--Default Investment Alternatives Under Participant Directed Individual 1210-AB10 Final Rule Stage Account Plans 102 Continuous Personal Dust Monitors 1219-AB48 Prerule Stage 103 Diesel Particulate Matter: Conversion Factor From Total Carbon to Elemental Carbon 1219-AB55 Proposed Rule Stage 104 Asbestos Exposure Limit 1219-AB24 Final Rule Stage 105 Sealing of Abandoned Areas 1219-AB52 Final Rule Stage 106 Mine Rescue Teams 1219-AB53 Final Rule Stage 107 Occupational Exposure to Crystalline Silica 1218-AB70 Prerule Stage 108 Cranes and Derricks 1218-AC01 Proposed Rule Stage 109 Hazard Communication 1218-AC20 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 110 Nondiscrimination on the Basis of Disability in Air Travel 2105-AC97 Final Rule Stage 111 Automatic Dependent Surveillance--Broadcast (ADS-B) Equipage Mandate To Support Air Traffic Control 2120-AI92 Proposed Rule Service Stage 112 Pilot Age Limit 2120-AJ01 Proposed Rule Stage 113 Aging Aircraft Program (Widespread Fatigue Damage) 2120-AI05 Final Rule Stage 114 Transport Airplane Fuel Tank Flammability Reduction 2120-AI23 Final Rule Stage 115 National Registry of Certified Medical Examiners 2126-AA97 Proposed Rule Stage 116 Commercial Driver's License Testing and Commercial Learner's Permit Standards 2126-AB02 Proposed Rule Stage 117 Medical Certification Requirements as Part of the Commercial Driver's License 2126-AA10 Final Rule Stage 118 New Entrant Safety Assurance Process 2126-AA59 Final Rule Stage 119 Requirements for Intermodal Equipment Providers and Motor Carriers and Drivers Operating Intermodal 2126-AA86 Final Rule Stage Equipment 120 Electronic On-Board Recorders for Hours-of-Service Compliance 2126-AA89 Final Rule Stage 121 Roof Crush Resistance 2127-AG51 Proposed Rule Stage 122 Light Truck Corporate Average Fuel Economy Standards, Model Years 2012 and Beyond 2127-AK08 Proposed Rule Stage 123 Reduced Stopping Distance Requirements for Truck Tractors 2127-AJ37 Final Rule Stage 124 Regulatory Relief for Electronically Controlled Pneumatic Brake System Implementation 2130-AB84 Proposed Rule Stage [[Page 69752]] 125 Major Capital Investment Projects--New/Small Starts 2132-AA81 Proposed Rule Stage 126 Pipeline Safety: Distribution Integrity Management 2137-AE15 Proposed Rule Stage 127 Hazardous Materials: Enhancing Rail Transportation Safety and Security for Hazardous Materials 2137-AE02 Final Rule Stage Shipments -------------------------------------------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF THE TREASURY -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 128 Implementation of a Revised Basel Capital Accord (Basel II) 1557-AC91 Final Rule Stage 129 Implementation of a Revised Basel Capital Accord (Basel II) 1550-AB56 Final Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 130 Review of the National Ambient Air Quality Standards for Lead 2060-AN83 Prerule Stage 131 Endocrine Disruptor Screening Program (EDSP); Implementing the Screening and Testing Phase 2070-AD61 Prerule Stage 132 Nanoscale Materials Under TSCA 2070-AJ30 Prerule Stage 133 Implementing Periodic Monitoring in Federal and State Operating Permit Programs 2060-AN00 Proposed Rule Stage 134 Revisions to the Definition of Potential to Emit (PTE) 2060-AN65 Proposed Rule Stage 135 Risk and Technology Review Phase II Group 2 2060-AN85 Proposed Rule Stage 136 Rulemaking To Address Greenhouse Gas Emissions From Motor Vehicles 2060-AO56 Proposed Rule Stage 137 Test Rule; Testing of Certain High Production Volume (HPV) Chemicals 2070-AD16 Proposed Rule Stage 138 Pesticides; Data Requirements for Antimicrobials 2070-AD30 Proposed Rule Stage 139 Pesticides; Competency Standards for Occupational Users 2070-AJ20 Proposed Rule Stage 140 Pesticides; Agricultural Worker Protection Standard Revisions 2070-AJ22 Proposed Rule Stage 141 Pesticides; Data Requirements for Plant-Incorporated Protectants (PIPs) 2070-AJ27 Proposed Rule Stage 142 Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule 2050-AG16 Proposed Rule Stage 143 Revisions to Land Disposal Restrictions Treatment Standards and Amendments to Recycling 2050-AG34 Proposed Rule Requirements for Spent Petroleum Refining Hydrotreating and Hydrorefining Catalysts Stage 144 NPDES Vessel Vacatur 2040-AE93 Proposed Rule Stage 145 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): 2060-AL75 Final Rule Stage Debottlenecking, Aggregation and Project Netting 146 Control of Emissions from New Locomotives and New Marine Diesel Engines Less Than 30 Liters per 2060-AM06 Final Rule Stage Cylinder 147 Control of Emissions From Nonroad Spark-Ignition Engines and Equipment 2060-AM34 Final Rule Stage 148 Amendment of the Standards for Radioactive Waste Disposal in Yucca Mountain, Nevada 2060-AN15 Final Rule Stage 149 Review of the National Ambient Air Quality Standards for Ozone 2060-AN24 Final Rule Stage 150 Prevention of Significant Deterioration and Nonattainment New Source Review: Emission Increases for 2060-AN28 Final Rule Stage Electric Generating Units [[Page 69753]] 151 Final Rule for Implementation of the New Source Review (NSR) Program for PM2.5 2060-AN86 Final Rule Stage 152 Lead-Based Paint; Amendments for Renovation, Repair and Painting 2070-AC83 Final Rule Stage 153 Regulation of Oil-Bearing Hazardous Secondary Materials From the Petroleum Refining Industry 2050-AE78 Final Rule Stage Processed in a Gasification System to Produce Synthesis Gas 154 Expanding the Comparable Fuels Exclusion Under RCRA 2050-AG24 Final Rule Stage 155 Definition of Solid Wastes Revisions 2050-AG31 Final Rule Stage 156 NPDES Permit Requirements for Peak Wet Weather Discharges From Publicly Owned Treatment Work 2040-AD87 Final Rule Stage Treatment Plants Serving Sanitary Sewer Collection Systems Policy 157 Concentrated Animal Feeding Operation Rule 2040-AE80 Final Rule Stage 158 Water Transfers Rule 2040-AE86 Final Rule Stage 159 Implementation Guidance for Mercury Water Quality Criteria 2040-AE87 Final Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- EQUAL EMPLOYMENT OPPORTUNITY COMMISSION -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 160 Coordination of Retiree Health Benefits With Medicare and State Health Benefits 3046-AA72 Final Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- NATIONAL ARCHIVES AND RECORDS ADMINISTRATION -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 161 Federal Records Management 3095-AB16 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- SMALL BUSINESS ADMINISTRATION -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 162 Small Business Lending Company and Lender Oversight Regulations 3245-AE14 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- SOCIAL SECURITY ADMINISTRATION -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 163 Revised Medical Criteria for Evaluating Immune (HIV) System Disorders 0960-AG71 Prerule Stage 164 Revised Medical Criteria for Evaluating Mental Disorders (886P) 0960-AF69 Proposed Rule Stage 165 Revised Medical Criteria for Evaluating Hearing Loss (2862P) 0960-AG20 Proposed Rule Stage 166 Additional Insured Status Requirements for Certain Alien Workers (2882P) 0960-AG22 Proposed Rule Stage 167 Amendments to the Administrative Law Judge, Appeals Council, and Decision Review Board Appeals 0960-AG52 Proposed Rule Levels (3401P) Stage 168 Representation of Claimants (3396P) 0960-AG56 Proposed Rule Stage 169 Revised Medical Criteria for Malignant Neoplastic Diseases (3429P) 0960-AG57 Proposed Rule Stage 170 Amendments and Clarifications to the Adjudicatory Process (3431P) 0960-AG58 Proposed Rule Stage [[Page 69754]] 171 Requirement That Professional Representatives File Requests for Reconsideration and Administrative 0960-AG59 Proposed Rule Law Judge Hearings Via the Internet (3432P) Stage 172 Amendments to Hearings Level Adjudication (3434P) 0960-AG61 Proposed Rule Stage 173 Updates to Medical-Vocational Guidelines 0960-AG68 Proposed Rule Stage 174 Clarify Applicability of Res Judicata 0960-AG69 Proposed Rule Stage 175 Eliminate Re-interviewing of Representative Payees 0960-AG70 Proposed Rule Stage 176 Revised Medical Criteria for Evaluating Immune System Disorders (804F) 0960-AF33 Final Rule Stage 177 Amendments to the Ticket To Work and Self-Sufficiency Program (967F) 0960-AF89 Final Rule Stage 178 Privacy and Disclosure of Official Records and Information; Availability of Information and Records 0960-AG14 Final Rule Stage to the Public (2562F) 179 Consultative Examination--Annual Onsite Review of Medical Examiners (3338F) 0960-AG41 Final Rule Stage 180 Suspension of New Claims to the Federal Reviewing Official Review Level (3394F) 0960-AG53 Final Rule Stage 181 Nonpayment of Benefits to Fugitive Felons and Probation or Parole Violators (2222F) 0960-AG55 Final Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 182 Flammability Standard for Upholstered Furniture 3041-AB35 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- FEDERAL TRADE COMMISSION -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 183 Fair and Accurate Credit Transactions Act of 2003 3084-AA94 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- NATIONAL INDIAN GAMING COMMISSION -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 184 Technical Standards for Gaming Machines and Gaming Systems 3141-AA29 Proposed Rule Stage 185 Game Classification Standards 3141-AA31 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- POSTAL REGULATORY COMMISSION -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 186 System of Rate Regulation for Market Dominant Products 3211-AA02 Final Rule Stage 187 Competitive Products 3211-AA03 Final Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- [FR Doc. 07-05122 Filed 12-07-07; 8:45 am] BILLING CODE 6820-27-S [[Page 69755]] DEPARTMENT OF AGRICULTURE (USDA) Statement of Regulatory Priorities USDA's regulations cover a broad range of issues. Within the rulemaking process is the department-wide effort to reduce burden on participants and program administrators alike by focusing on improving program outcomes, and particularly on achieving the performance measures specified in the USDA and agency Strategic Plans. Significant focus is being placed on efficiencies that can be achieved through eGov activities, the migration to efficient electronic services and capabilities, and the implementation of focused, efficient information collections necessary to support effective program management. Important areas of activity include the following: Legislation covering major farm, trade, conservation, rural development, nutrition assistance and other programs (``Farm Bill'') expires at the end of fiscal year 2007. Regulations will need to be promulgated to implement any new or modified programs reauthorized included in the new Farm Bill that is now under development. It is anticipated that a number of high priority regulations will be developed during FY 2008 to implement the Farm Bill, but additional details are not available for inclusion in this plan. USDA will continue regulatory work to protect the health and value of U.S. agricultural and natural resources while facilitating trade flows. This includes amending regulations related to the importation of fruits and vegetables, nursery products, and animals and animal products, and continuing work related to regulation of plant and animal biotechnologies. In addition, USDA will propose specific standards for the humane handling, care, treatment, and transportation of birds under the Animal Welfare Act. In the area of food safety, USDA will continue to develop science-based regulations that improve the safety of meat, poultry, and egg products in the least burdensome and most cost-effective manner. Regulations will be revised to address emerging food safety challenges, streamlined to remove excessively prescriptive regulations, and updated to be made consistent with hazard analysis and critical control point principles. To assist small entities to comply with food safety requirements, the Food Safety and Inspection Service will continue to collaborate with other USDA agencies and State partners in the enhanced small business outreach program. As changes are made for the nutrition assistance programs, USDA will work to foster actions that will help improve diets, and particularly to prevent and reduce overweight and obesity. In 2008, FNS will continue to promote nutritional knowledge and education while minimizing participant and vendor fraud. USDA has priority projects in the Rural Development mission area to strengthen the regulations for its broadband access program to better focus on areas without such access, and to consolidate and streamline its regulations relating to the delivery of its guaranteed loan programs. USDA will continue to promote economic opportunities for agriculture and rural communities through its BioPreferred Program (formerly the Federal Biobased Product Preferred Procurement Program). USDA will continue to designate groups of biobased products to receive procurement preference from Federal agencies and contractors. In addition, USDA intends to publish rules establishing the Voluntary Labeling Program for biobased products. Reducing Paperwork Burden on Customers USDA has made substantial progress in implementing the goal of the Paperwork Reduction Act of 1995 to reduce