[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Proposed Rules]
[Pages 9292-9537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00476]
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Vol. 89
Friday,
No. 28
February 9, 2024
Part II
Regulatory Information Service Center
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Introduction to the Unified Agenda of Federal Regulatory and
Deregulatory Actions--Fall 2023
Federal Register / Vol. 89 , No. 28 / Friday, February 9, 2024 / UA:
Reg Flex Agenda
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REGULATORY INFORMATION SERVICE CENTER
Introduction to the Unified Agenda of Federal Regulatory and
Deregulatory Actions--Fall 2023
AGENCY: Regulatory Information Service Center.
ACTION: Introduction to the Unified Agenda of Federal Regulatory and
Deregulatory Actions.
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SUMMARY: Publication of the Fall 2023 Unified Agenda of Federal
Regulatory and Deregulatory Actions represents a key component of the
regulatory planning mechanism prescribed in Executive Order (``E.O.'')
12866, ``Regulatory Planning and Review,'' (58 FR 51735, as amended)
and reaffirmed in E.O. 13563, ``Improving Regulation and Regulatory
Review,'' (76 FR 3821) and E.O. 14094, ``Modernizing Regulatory
Review,'' (88 FR 21879). The Regulatory Flexibility Act requires that
agencies publish semiannual regulatory agendas in the Federal Register
describing regulatory actions they are developing that may have a
significant economic impact on a substantial number of small entities
(5 U.S.C. 602). The Unified Agenda of Federal Regulatory and
Deregulatory Actions (Unified Agenda), published in the fall and
spring, helps agencies fulfill all of these requirements. All Federal
regulatory agencies have chosen to publish their regulatory agendas as
part of this publication. The complete publication of the Fall 2023
Unified Agenda contains the Regulatory Plans of 29 Federal agencies and
69 Federal agency regulatory agendas available to the public at
www.reginfo.gov.
The Fall 2023 Unified Agenda publication appearing in the Federal
Register includes the Regulatory Plan and agency Regulatory Flexibility
Agendas, in accordance with the publication requirements of the
Regulatory Flexibility Act. Agency Regulatory Flexibility Agendas
contain only those Agenda entries for rules that are likely to have a
significant economic impact on a substantial number of small entities
and entries that have been selected for periodic review under section
610 of the Regulatory Flexibility Act.
ADDRESSES: Regulatory Information Service Center (MV), General Services
Administration, 1800 F Street NW, Washington, DC 20405.
FOR FURTHER INFORMATION CONTACT: For further information about specific
regulatory actions, please refer to the agency contact listed for each
entry. To provide comment on or to obtain further information about
this publication, contact: Boris Arratia, Director, Regulatory
Information Service Center (MV), General Services Administration, 1800
F Street NW, Washington, DC 20405, 703-795-0816. You may also send
comments to us by email at: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
Introduction to the Regulatory Plan and the Unified Agenda of Federal
Regulatory and Deregulatory Actions
I. What are the Regulatory Plan and the Unified Agenda?
II. Why are the Regulatory Plan and the Unified Agenda published?
III. How are the Regulatory Plan and the Unified Agenda organized?
IV. What information appears for each entry?
V. Abbreviations
VI. How can users get copies of the Plan and the Agenda?
Introduction to the Fall 2023 Regulatory Plan
Agency Regulatory Plans
Cabinet Departments
Department of Agriculture
Department of Commerce
Department of Defense
Department of Education
Department of Energy
Department of Health and Human Services
Department of Homeland Security
Department of Housing and Urban Development
Department of the Interior
Department of Justice
Department of Labor
Department of Transportation
Department of the Treasury
Department of Veterans Affairs
Other Executive Agencies
Corporation for National and Community Service
Environmental Protection Agency
Equal Employment Opportunity Commission
General Services Administration
National Archives and Records Administration
National Archives and Records Administration
National Science Foundation
Office of Personnel Management
Pension Benefit Guaranty Corporation
Small Business Administration
Social Security Administration
Joint Authority
Department of Defense/General Services Administration/National
Aeronautics and Space Administration (Federal Acquisition
Regulation)
Independent Regulatory Agencies
Consumer Product Safety Commission
Federal Trade Commission
Nuclear Regulatory Commission
Regulatory Flexibility Agendas
Cabinet Departments
Department of Agriculture
Department of Commerce
Department of Defense
Department of Education
Department of Energy
Department of Health and Human Services
Department of Homeland Security
Department of the Interior
Department of Justice
Department of Labor
Department of Transportation
Department of the Treasury
Other Executive Agencies
Architectural and Transportation Barriers Compliance Board
Environmental Protection Agency
General Services Administration
Small Business Administration
Joint Authority
Department of Defense/General Services Administration/National
Aeronautics and Space Administration (Federal Acquisition
Regulation)
Independent Regulatory Agencies
Consumer Financial Protection Bureau
Consumer Product Safety Commission
Federal Communications Commission
Federal Reserve System
National Labor Relations Board
Nuclear Regulatory Commission
Securities and Exchange Commission
Surface Transportation Board
Introduction to the Regulatory Plan and Unified Agenda of Federal
Regulatory and Deregulatory Actions
I. What are the Regulatory Plan and the Unified Agenda?
The Regulatory Plan serves as a defining statement of the
Administration's regulatory and deregulatory policies and priorities.
The Plan is part of the fall edition of the Unified Agenda. Each
participating agency's regulatory plan contains: (1) A narrative
statement of the agency's regulatory and deregulatory priorities, and,
for the most part; and (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. The complete Unified Agenda is available
to the public at www.reginfo.gov. The online Unified Agenda offers
flexible search tools and access to the historic Unified Agenda
database dating back to
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1995. The complete online edition of the Unified Agenda includes
regulatory agendas from 69 Federal agencies. Agencies of the United
States Congress are not included.
The Fall 2023 Unified Agenda publication appearing in the Federal
Register consists of the Regulatory Plan and Regulatory Flexibility
Agendas, in accordance with the publication requirements of the
Regulatory Flexibility Act. Agency Regulatory Flexibility Agendas
contain only those Agenda entries for rules that are likely to have a
significant economic impact on a substantial number of small entities
and entries that have been selected for periodic review under section
610 of the Regulatory Flexibility Act. Printed entries display only the
fields required by the Regulatory Flexibility Act. Complete Unified
Agenda information for those entries appears online in a uniform format
at www.reginfo.gov.
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 www.reginfo.gov.
Cabinet Departments
Department of Housing and Urban Development*
Department of State
Department of Veterans Affairs*
Other Executive Agencies
Agency for International Development
Committee for Purchase From People Who Are Blind or Severely
Disabled
Corporation for National and Community Service*
Council on Environmental Quality
Court Services and Offender Supervision Agency for the District of
Columbia
Equal Employment Opportunity Commission*
Federal Mediation Conciliation Service
Institute of Museum and Library Services
Inter-American Foundation
National Aeronautics and Space Administration*
National Archives and Records Administration*
National Endowment for the Arts
National Endowment for the Humanities
National Mediation Board
National Science Foundation*
Office of Government Ethics
Office of Management and Budget
Office of the National Cyber Director
Office of Personnel Management*
Office of the United States Trade Representative
Peace Corps
Pension Benefit Guaranty Corporation*
Railroad Retirement Board
Selective Service System
Social Security Administration*
U.S. Agency for Global Media
Independent Agencies
Commodity Futures Trading Commission
Defense Nuclear Facilities Safety Board
Farm Credit Administration
Federal Deposit Insurance Corporation
Federal Energy Regulatory Commission
Federal Housing Finance Agency
Federal Maritime Commission
Federal Mine Safety and Health Review Commission
Federal Permitting Improvement Steering Council
Federal Trade Commission*
National Credit Union Administration
National Indian Gaming Commission
National Transportation Safety Board
Postal Regulatory Commission
U.S. Chemical Safety and Hazard Investigation Board
The Regulatory Information Service Center compiles the Unified
Agenda for the Office of Information and Regulatory Affairs (OIRA),
part of the Office of Management and Budget. OIRA is responsible for
overseeing the Federal Government's regulatory, paperwork, and
information resource management activities, including implementation of
Executive Order 12866, as amended (incorporated in Executive Order
13563). The Center also provides information about Federal regulatory
activity to the President and his Executive Office, the Congress,
agency officials, and the public.
The activities included in the Agenda are, in general, those that
will have a regulatory action within the next 12 months. Agencies may
choose to include activities that will have a longer timeframe than 12
months. Agency agendas also show actions or reviews completed or
withdrawn since the last Unified Agenda. Executive Order 12866, as
amended, 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 Unified Agenda does not create a
legal obligation on agencies to adhere to schedules in this publication
or to confine their regulatory activities to those regulations that
appear within it.
II. Why are the Regulatory Plan and the Unified Agenda published?
The Regulatory Plan and the Unified Agenda helps agencies comply
with their obligations under the Regulatory Flexibility Act and various
Executive orders and other statutes.
Regulatory Flexibility Act
The Regulatory Flexibility Act requires agencies to identify those
rules that may have a significant economic impact on a substantial
number of small entities (5 U.S.C. 602). Agencies meet that requirement
by including the information in their submissions for the Unified
Agenda. Agencies may also indicate those regulations that they are
reviewing as part of their periodic review of existing rules under the
Regulatory Flexibility Act (5 U.S.C. 610). Executive Order 13272,
``Proper Consideration of Small Entities in Agency Rulemaking,'' signed
August 13, 2002 (67 FR 53461), provides additional guidance on
compliance with the Act.
Executive Order 12866
Executive Order 12866, ``Regulatory Planning and Review,''
September 30, 1993 (58 FR 51735), as amended, requires covered agencies
to prepare an agenda of all regulations under development or review.
The Order also requires that certain agencies prepare annually a
regulatory plan of their ``most important significant regulatory
actions,'' which appears as part of the fall Unified Agenda. Executive
Order 13497, signed January 30, 2009 (74 FR 6113), revoked the
amendments to Executive Order 12866 that were contained in Executive
Order 13258 and Executive Order 13422.
Executive Order 14094
Executive Order (E.O.) 14094, ``Modernizing Regulatory Review,''
April 6, 2023 (88 FR 21879) sets forth specific actions for Federal
agencies and OIRA designed to modernize the regulatory process in order
to advance policies that promote the public interest and address
national priorities. E.O. 14094, among other things, amends Section
3(f)(1) of E.O. 12866 (Regulatory Planning and Review) to increase the
monetary threshold for significance under that provision, amends
Section 3(f)(4) to clarify what is significant under that provision,
and encourages greater public participation during all stages of the
regulatory process.
Executive Order 13563
Executive Order 13563, ``Improving Regulation and Regulatory
Review,'' January 18, 2011 (76 FR 3821) supplements and reaffirms the
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principles, structures, and definitions governing contemporary
regulatory review that were established in Executive Order 12866, which
includes the general principles of regulation and public participation,
and orders integration and innovation in coordination across agencies;
flexible approaches where relevant, feasible, and consistent with
regulatory approaches; scientific integrity in any scientific or
technological information and processes used to support the agencies'
regulatory actions; and retrospective analysis of existing regulations.
Executive Order 13132
Executive Order 13132, ``Federalism,'' August 4, 1999 (64 FR
43255), directs agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have ``federalism
implications'' as defined in the Order. Under the Order, an agency that
is proposing a regulation with federalism implications, which either
preempt State law or impose non-statutory unfunded substantial direct
compliance costs on State and local governments, must consult with
State and local officials early in the process of developing the
regulation. In addition, the agency must provide to the Director of the
Office of Management and Budget a federalism summary impact statement
for such a regulation, which consists of a description of the extent of
the agency's prior consultation with State and local officials, a
summary of their concerns and the agency's position supporting the need
to issue the regulation, and a statement of the extent to which those
concerns have been met. As part of this effort, agencies include in
their submissions for the Unified Agenda information on whether their
regulatory actions may have an effect on the various levels of
government and whether those actions have federalism implications.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, title II)
requires agencies to prepare written assessments of the costs and
benefits of significant regulatory actions ``that may result in the
expenditure by State, local, and tribal governments, in the aggregate,
or by the private sector, of $100,000,000 or more in any 1 year.'' The
requirement does not apply to independent regulatory agencies, nor does
it apply to certain subject areas excluded by section 4 of the Act.
Affected agencies identify in the Unified Agenda those regulatory
actions they believe are subject to title II of the Act.
Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' May 18,
2001 (66 FR 28355), directs agencies to provide, to the extent
possible, information regarding the adverse effects that agency actions
may have on the supply, distribution, and use of energy. Under the
Order, the agency must prepare and submit a Statement of Energy Effects
to the Administrator of the Office of Information and Regulatory
Affairs, Office of Management and Budget, for ``those matters
identified as significant energy actions.'' As part of this effort,
agencies may optionally include in their submissions for the Unified
Agenda information on whether they have prepared or plan to prepare a
Statement of Energy Effects for their regulatory actions.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (Pub. L.
104-121, title II) established a procedure for congressional review of
rules (5 U.S.C. 801 et seq.), which defers, unless exempted, the
effective date of a ``major'' rule for at least 60 days from the
publication of the final rule in the Federal Register. The Act
specifies that a rule is ``major'' if it has resulted, or is likely to
result, in an annual effect on the economy of $100 million or more or
meets other criteria specified in that Act. The Act provides that the
Administrator of OIRA will make the final determination as to whether a
rule is major.
III. How are the Regulatory Plan and the Unified Agenda organized?
The Regulatory Plan appears in part II in a daily edition of the
Federal Register. The Plan is a single document beginning with an
introduction, followed by a table of contents, followed by each
agency's section of the Plan. Following the Plan in the Federal
Register, as separate parts, are the Regulatory Flexibility Agendas for
each agency whose agenda includes entries for rules which are likely to
have a significant economic impact on a substantial number of small
entities or rules that have been selected for periodic review under
section 610 of the Regulatory Flexibility Act. Each printed agenda
appears as a separate part. The sections of the Plan and the parts of
the Unified Agenda are organized alphabetically in four groups: Cabinet
departments; other executive agencies; the Federal Acquisition
Regulation, a joint authority (Agenda only); and independent regulatory
agencies. Agencies may in turn be divided into subagencies. Each
printed agency agenda has a table of contents listing the agency's
printed entries that follow. Each agency's part of the Agenda contains
a preamble providing information specific to that agency. Each printed
agency agenda has a table of contents listing the agency's printed
entries that follow.
Each agency's section of the Plan contains a narrative statement of
regulatory priorities and, for most agencies, a description of the
agency's most important significant regulatory and deregulatory
actions. Each agency's part of the Agenda contains a preamble providing
information specific to that agency plus descriptions of the agency's
regulatory and deregulatory actions.
Agency regulatory flexibility agendas are printed in a single daily
edition of the Federal Register. A regulatory flexibility agenda is
printed 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 parts are organized
alphabetically in four groups: Cabinet departments; other executive
agencies; the Federal Acquisition Regulation, a joint authority; and
independent regulatory agencies. Agencies may in turn be divided into
sub-agencies. Each agency's part of the Agenda contains a preamble
providing information specific to that agency. Each printed agency
agenda has a table of contents listing the agency's printed entries
that follow.
The online, complete Unified Agenda contains the preambles of all
participating agencies. Unlike the printed edition, the online Agenda
has no fixed ordering. In the online Agenda, users can select the
particular agencies' agendas they want to see. Users have broad
flexibility to specify the characteristics of the entries of interest
to them by choosing the desired responses to individual data fields. To
see a listing of all of an agency's entries, a user can select the
agency without specifying any particular characteristics of entries.
Each entry in the Agenda is associated with one of five rulemaking
stages. The rulemaking stages are:
1. Prerule Stage--actions agencies will undertake to determine
whether or how to initiate rulemaking. Such actions occur prior to a
Notice of Proposed Rulemaking (NPRM) and may include
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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.
Long-Term Actions are rulemakings reported during the publication
cycle that are outside of the required 12-month reporting period for
which the Agenda was intended. Completed Actions in the publication
cycle are rulemakings that are ending their lifecycle either by
Withdrawal or completion of the rulemaking process. Therefore, the
Long-Term and Completed RINs do not represent the ongoing, forward-
looking nature intended for reporting developing rulemakings in the
Agenda pursuant to Executive Order 12866, section 4(b) and 4(c). To
further differentiate these two stages of rulemaking in the Unified
Agenda from active rulemakings, Long-Term and Completed Actions are
reported separately from active rulemakings, which can be any of the
first three stages of rulemaking listed above. A separate search
function is provided on www.reginfo.gov to search for Completed and
Long-Term Actions apart from each other and active RINs.
A bullet () preceding the title of an entry indicates that
the entry is appearing in the Unified Agenda for the first time.
In the printed edition, all entries are numbered sequentially from
the beginning to the end of the publication. The sequence number
preceding the title of each entry identifies the location of the entry
in this edition. The sequence number is used as the reference in the
printed table of contents. Sequence numbers are not used in the online
Unified Agenda because the unique Regulation Identifier Number (RIN) is
able to provide this cross-reference capability.
Editions of the Unified Agenda prior to fall 2007 contained several
indexes, which identified entries with various characteristics. These
included regulatory actions for which agencies believe that the
Regulatory Flexibility Act may require a Regulatory Flexibility
Analysis, actions selected for periodic review under section 610(c) of
the Regulatory Flexibility Act, and actions that may have federalism
implications as defined in Executive Order 13132 or other effects on
levels of government. These indexes are no longer compiled, because
users of the online Unified Agenda have the flexibility to search for
entries with any combination of desired characteristics. The online
edition retains the Unified Agenda's subject index based on the Federal
Register Thesaurus of Indexing Terms. In addition, online users have
the option of searching Agenda text fields for words or phrases.
IV. What information appears for each entry?
All entries in the online Unified Agenda contain uniform data
elements including, at a minimum, the following information:
Title of the Regulation--a brief description of the subject of the
regulation. In the printed edition, the notation ``Section 610 Review''
following the title indicates that the agency has selected the rule for
its periodic review of existing rules under the Regulatory Flexibility
Act (5 U.S.C. 610(c)). Some agencies have indicated completions of
section 610 reviews or rulemaking actions resulting from completed
section 610 reviews. In the online edition, these notations appear in a
separate field.
Priority--an indication of the significance of the regulation.
Agencies assign each entry to one of the following five categories of
significance.
(1) Economically Significant and Section 3(f)(1) Significant
On April 6, 2023, the President issued E.O. 14904 entitled
``Modernizing Regulatory Review.'' E.O. 14904 amends Section 3(f)(1) of
E.O. 12866 to increase the monetary threshold for significance under
this provision from $100 million to $200 million in annual effects and
directs that it be adjusted for GDP growth every three years. For
rulemaking actions that were in development prior to the issuance of
E.O. 14904, the Agenda largely uses the previous nomenclature of
``economically significant'' to indicate rulemaking actions expected to
have an annual effect on the economy of $100 million or more, the
threshold in E.O. 12866 prior to April 6, 2023. For rulemaking actions
which were submitted for OIRA review after the issuance of the E.O.
14904 on April 6, 2023 and are expected to have an annual effect on the
economy of $200 million or more, the term ``Section 3(f)(1)
Significant'' is used and will continue to be used in future Unified
Agendas. The amended definition of ``Section 3(f)(1) Significant''
under Executive Order 12866 is a rulemaking action that will ``have an
annual effect on the economy of $200 million or more (adjusted every 3
years by the Administrator of OIRA for changes in gross domestic
product); 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.''
(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, as amended,
or rules that are a priority of the agency head. These rules may or may
not be included in the agency's regulatory plan.
(3) Substantive, Nonsignificant
A rulemaking that has substantive impacts, but is neither
Significant, nor Routine and Frequent, nor Informational/
Administrative/Other.
(4) Routine and Frequent
A rulemaking that is a specific case of a multiple recurring
application of a regulatory program in the Code of Federal Regulations
and that does not alter the body of the regulation.
(5) Informational/Administrative/Other
A rulemaking that is primarily informational or pertains to agency
matters not central to accomplishing the agency's regulatory mandate
but that the agency places in the Unified Agenda to inform the public
of the activity.
Major--whether the rule is ``major'' under 5 U.S.C. 801 (Pub. L.
104-121) because it has resulted or is likely to result in an annual
effect on the economy of $100 million or more or meets other criteria
specified in that Act. The Act provides that the Administrator of the
Office of Information and Regulatory Affairs will make the final
determination as to whether a rule is major.
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Unfunded Mandates--whether the rule is covered by section 202 of
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The Act
requires that, before issuing an NPRM likely to result in a mandate
that may result in expenditures by State, local, and tribal
governments, in the aggregate, or by the private sector of more than
$100 million in 1 year, agencies, other than independent regulatory
agencies, shall prepare a written statement containing an assessment of
the anticipated costs and benefits of the Federal mandate.
Legal Authority--the section(s) of the United States Code (U.S.C.)
or Public Law (Pub. L.) or the Executive order (E.O.) that authorize(s)
the regulatory action. Agencies may provide popular name references to
laws in addition to these citations.
CFR Citation--the section(s) of the Code of Federal Regulations
that will be affected by the action.
Legal Deadline--whether the action is subject to a statutory or
judicial deadline, the date of that deadline, and whether the deadline
pertains to an NPRM, a Final Action, or some other action.
Abstract--a brief description of the problem the regulation will
address; the need for a Federal solution; to the extent available,
alternatives that the agency is considering to address the problem; and
potential costs and benefits of the action.
Timetable--the dates and citations (if available) for all past
steps and a projected date for at least the next step for the
regulatory action. A date displayed in the form 12/00/19 means the
agency is predicting the month and year the action will take place but
not the day it will occur. In some instances, agencies may indicate
what the next action will be, but the date of that action is ``To Be
Determined.'' ``Next Action Undetermined'' indicates the agency does
not know what action it will take next.
Regulatory Flexibility Analysis Required--whether an analysis is
required by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
because the rulemaking action is likely to have a significant economic
impact on a substantial number of small entities as defined by the Act.
Small Entities Affected--the types of small entities (businesses,
governmental jurisdictions, or organizations) on which the rulemaking
action is likely to have an impact as defined by the Regulatory
Flexibility Act. Some agencies have chosen to indicate likely effects
on small entities even though they believe that a Regulatory
Flexibility Analysis will not be required.
Government Levels Affected--whether the action is expected to
affect levels of government and, if so, whether the governments are
State, local, tribal, or Federal.
International Impacts--whether the regulation is expected to have
international trade and investment effects, or otherwise may be of
interest to the Nation's international trading partners.
Federalism--whether the action has ``federalism implications'' as
defined in Executive Order 13132. This term refers to actions ``that
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.''
Independent regulatory agencies are not required to supply this
information.
Included in the Regulatory Plan--whether the rulemaking was
included in the agency's current regulatory plan published in the fall
2022.
Agency Contact--the name and phone number of at least one person in
the agency who is knowledgeable about the rulemaking action. The agency
may also provide the title, address, fax number, email address, and TDD
for each agency contact.
Some agencies have provided the following optional information:
RIN Information URL--the internet address of a site that provides
more information about the entry.
Public Comment URL--the internet address of a site that will accept
public comments on the entry.
Alternatively, timely public comments may be submitted at the
Governmentwide e-rulemaking site, www.regulations.gov.
Additional Information--any information an agency wishes to include
that does not have a specific corresponding data element.
Compliance Cost to the Public--the estimated gross compliance cost
of the action.
Affected Sectors--the industrial sectors that the action may most
affect, either directly or indirectly. Affected sectors are identified
by North American Industry Classification System (NAICS) codes.
Energy Effects--an indication of whether the agency has prepared or
plans to prepare a Statement of Energy Effects for the action, as
required by Executive Order 13211 ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' signed May
18, 2001 (66 FR 28355).
Related RINs--one or more past or current RIN(s) associated with
activity related to this action, such as merged RINs, split RINs, new
activity for previously completed RINs, or duplicate RINs.
Statement of Need--a description of the need for the regulatory
action.
Summary of the Legal Basis--a description of the legal basis for
the action, including whether any aspect of the action is required by
statute or court order.
Alternatives--a description of the alternatives the agency has
considered or will consider as required by section 4(c)(1)(B) of
Executive Order 12866.
Anticipated Costs and Benefits--a description of preliminary
estimates of the anticipated costs and benefits of the action.
Risks--a description of the magnitude of the risk the action
addresses, the amount by which the agency expects the action to reduce
this risk, and the relation of the risk and this risk reduction effort
to other risks and risk reduction efforts within the agency's
jurisdiction.
V. Abbreviations
The following abbreviations appear throughout this publication:
ANPRM--An Advance Notice of Proposed Rulemaking is a preliminary
notice, published in the Federal Register, announcing that an agency is
considering a regulatory action. An agency may issue an ANPRM before it
develops a detailed proposed rule. An ANPRM describes the general area
that may be subject to regulation and usually asks for public comment
on the issues and options being discussed. An ANPRM is issued only when
an agency believes it needs to gather more information before
proceeding to a notice of proposed rulemaking.
CFR--The Code of Federal Regulations is an annual codification of
the general and permanent regulations published in the Federal Register
by the agencies of the Federal Government. The Code is divided into 50
titles, each title covering a broad area subject to Federal regulation.
The CFR is keyed to and kept up to date by the daily issues of the
Federal Register.
E.O.--An Executive order is a directive from the President to
Executive agencies, issued under constitutional or statutory authority.
Executive orders are published in the Federal Register and in title 3
of the Code of Federal Regulations.
FR--The Federal Register is a daily Federal Government publication
that provides a uniform system for publishing Presidential documents,
all proposed and final regulations, notices
[[Page 9297]]
of meetings, and other official documents issued by Federal agencies.
FY--The Federal fiscal year runs from October 1 to September 30.
NPRM--A Notice of Proposed Rulemaking is the document an agency
issues and publishes in the Federal Register that describes and
solicits public comments on a proposed regulatory action. Under the
Administrative Procedure Act (5 U.S.C. 553), an NPRM must include, at a
minimum: A statement of the time, place, and nature of the public
rulemaking proceeding;
Legal Authority--A reference to the legal authority under which the
rule is proposed; and either the terms or substance of the proposed
rule or a description of the subjects and issues involved.
Public Law--A public law is a law passed by Congress and signed by
the President or enacted over his veto. It has general applicability,
unlike a private law that applies only to those persons or entities
specifically designated. Public laws are numbered in sequence
throughout the 2-year life of each Congress; for example, Public Law
112-4 is the fourth public law of the 112th Congress.
RFA--A Regulatory Flexibility Analysis is a description and
analysis of the impact of a rule on small entities, including small
businesses, small governmental jurisdictions, and certain small not-
for-profit organizations. The Regulatory Flexibility Act (5 U.S.C. 601
et seq.) requires each agency to prepare an initial RFA for public
comment when it is required to publish an NPRM and to make available a
final RFA when the final rule is published, unless the agency head
certifies that the rule would not have a significant economic impact on
a substantial number of small entities.
RIN--The Regulation Identifier Number is assigned by the Regulatory
Information Service Center to identify each regulatory action listed in
the Regulatory Plan and the Unified Agenda, as directed by Executive
Order 12866 (section 4(b)). Additionally, OMB has asked agencies to
include RINs in the headings of their Rule and Proposed Rule documents
when publishing them in the Federal Register, to make it easier for the
public and agency officials to track the publication history of
regulatory actions throughout their development.
Seq. No.--The sequence number identifies the location of an entry
in the printed edition of the Regulatory Plan and the Unified Agenda.
Note that a specific regulatory action will have the same RIN
throughout its development but will generally have different sequence
numbers if it appears in different printed editions of the Unified
Agenda. Sequence numbers are not used in the online Unified Agenda.
U.S.C.--The United States Code is a consolidation and codification
of all general and permanent laws of the United States. The U.S.C. is
divided into 50 titles, each title covering a broad area of Federal
law.
VI. How can users get copies of the Unified Agenda?
Copies of the Federal Register issue containing the printed edition
of the Unified Agenda (agency regulatory flexibility agendas) are
available from the Superintendent of Documents, U.S. Government
Publishing Office, P.O. Box 371954, Pittsburgh, PA 15250-7954.
Telephone: (202) 512-1800 or 1-866-512-1800 (toll-free). Copies of
individual agency materials may be available directly from the agency
or may be found on the agency's website. Please contact the particular
agency for further information. All editions of The Regulatory Plan and
the Unified Agenda of Federal Regulatory and Deregulatory Actions since
fall 1995 are available in electronic form at www.reginfo.gov, along
with flexible search tools. The Government Publishing Office's GPO
GovInfo website contains copies of the Agendas and Regulatory Plans
that have been printed in the Federal Register. These documents are
available at www.govinfo.gov.
Boris Arratia,
Director.
Department of Agriculture
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
1............................. Unfair Practices, Undue 0581-AE04 Proposed Rule Stage.
Preferences, and Harm to
Competition Under the
Packers and Stockyards
Act (AMS-FTPP-21-0046).
2............................. Inclusive Competition and 0581-AE05 Final Rule Stage.
Market Integrity Under
the Packers and
Stockyards Act (AMS-FTPP-
21-0045).
3............................. Special Supplemental 0584-AE82 Final Rule Stage.
Nutrition Program for
Women, Infants and
Children (WIC):
Revisions in the WIC
Food Packages.
4............................. Child Nutrition Programs: 0584-AE88 Final Rule Stage.
Revisions to Meal
Patterns Consistent With
the 2020 Dietary
Guidelines for Americans.
5............................. Special Supplemental 0584-AE94 Final Rule Stage.
Nutrition Program for
Women, Infants, and
Children (WIC):
Implementation of the
Access to Baby Formula
Act of 2022 and Related
Provisions.
6............................. Interim Final Rule-- 0584-AE96 Final Rule Stage.
Implementing Provisions
From the Consolidated
Appropriations Act,
2023: Establishing the
Summer EBT Program and
Non-Congregate Option in
the Summer Food Service
Program.
7............................. Labeling of Meat and 0583-AD89 Proposed Rule Stage.
Poultry Products Made
Using Animal Cell
Culture Technology.
8............................. Salmonella Framework..... 0583-AD96 Proposed Rule Stage.
9............................. Revision of the Nutrition 0583-AD56 Final Rule Stage.
Facts Labels for Meat
and Poultry Products and
Updating Certain
Reference Amounts
Customarily Consumed.
10............................ Voluntary Labeling of 0583-AD87 Final Rule Stage.
FSIS-Regulated Products
With U.S. Origin Claims.
11............................ Update and Clarification 0596-AD32 Proposed Rule Stage.
of the Locatable
Minerals Regulations.
12............................ Higher Blends 0570-AB11 Proposed Rule Stage.
Infrastructure Incentive
Program.
----------------------------------------------------------------------------------------------------------------
[[Page 9298]]
Department of Commerce
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
13............................ Illegal, Unreported, and 0648-BG11 Proposed Rule Stage.
Unregulated Fishing;
Fisheries Enforcement;
High Seas Driftnet
Fishing Moratorium
Protection Act.
14............................ Amendments to the North 0648-BI88 Final Rule Stage.
Atlantic Right Whale
Vessel Strike Reduction
Rule.
15............................ Endangered and Threatened 0648-BK47 Final Rule Stage.
Wildlife and Plants;
Regulations for Listing
Species and Designating
Critical Habitat.
16............................ Endangered and Threatened 0648-BK48 Final Rule Stage.
Wildlife and Plants;
Revision of Regulations
for Interagency
Cooperation.
17............................ Setting and Adjusting 0651-AD64 Proposed Rule Stage.
Patent Fees.
18............................ Setting and Adjusting 0651-AD65 Proposed Rule Stage.
Trademark Fees.
----------------------------------------------------------------------------------------------------------------
Department of Defense
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
19............................ Cybersecurity Maturity 0790-AL49 Proposed Rule Stage.
Model Certification
(CMMC) Program.
20............................ Department of Defense 0790-AK86 Final Rule Stage.
(DoD)-Defense Industrial
Base (DIB) Cybersecurity
(CS) Activities.
21............................ Definitions of Gold Star 0790-AL56 Final Rule Stage.
Family and Gold Star
Survivor.
22............................ Nondiscrimination on the 0790-AJ04 Long-Term Actions.
Basis of Disability in
Programs or Activities
Assisted or Conducted by
the DoD and in Equal
Access to Information
and Communication
Technology Used by DoD.
23............................ Assessing Contractor 0750-AK81 Proposed Rule Stage.
Implementation of
Cybersecurity
Requirements (DFARS Case
2019-D041).
24............................ Modification of Prize 0750-AL65 Proposed Rule Stage.
Authority For Advanced
Technology Achievements
(DFARS Case 2022-D014).
25............................ Past Performance of 0750-AK16 Final Rule Stage.
Subcontractors and Joint
Venture Partners (DFARS
Case 2018-D055).
26............................ Small Business Innovation 0750-AK84 Final Rule Stage.
Research Program Data
Rights (DFARS Case 2019-
D043).
27............................ DFARS Buy American Act 0750-AL74 Final Rule Stage.
Requirements (DFARS Case
2022-D019).
28............................ Policy and Procedures for 0710-AB22 Proposed Rule Stage.
Processing Requests to
Alter U.S. Army Corps of
Engineers Civil Works
Projects Pursuant to 33
U.S.C. 408.
29............................ Flood Control Cost- 0710-AB34 Proposed Rule Stage.
Sharing Requirements
Under the Ability to Pay
Provision.
30............................ USACE Implementing 0710-AB41 Proposed Rule Stage.
Procedures for
Principles,
Requirements, and
Guidelines Applicable to
Actions Involving
Investment in Water
Resources.
31............................ Appendix C Procedures for 0710-AB46 Proposed Rule Stage.
the Protection of
Historic Properties.
32............................ Natural Disaster 0710-AA78 Final Rule Stage.
Procedures:
Preparedness, Response,
and Recovery Activities
of the Corps of
Engineers.
33............................ Credit Assistance for 0710-AB31 Completed Actions.
Water Resources
Infrastructure Projects.
34............................ Revised Definition of 0710-AB55 Completed Actions.
``Waters of the United
States''; Conforming.
35............................ TRICARE Coverage of 0720-AB83 Final Rule Stage.
Clinical Trials and
Termination of Expanded
Access Treatments.
36............................ Expanding TRICARE Access 0720-AB85 Final Rule Stage.
to Care in Response to
the COVID-19 Pandemic.
37............................ Collection From Third 0720-AB87 Final Rule Stage.
Party Payers of
Reasonable Charges for
Healthcare Services;
Amendment.
----------------------------------------------------------------------------------------------------------------
Department of Education
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
38............................ Nondiscrimination on the 1870-AA16 Final Rule Stage.
Basis of Sex in
Education Programs or
Activities Receiving
Federal Financial
Assistance.
39............................ Nondiscrimination on the 1870-AA19 Final Rule Stage.
Basis of Sex in
Education Programs or
Activities Receiving
Federal Financial
Assistance: Sex-Related
Eligibility Criteria For
Male and Female Athletic
Teams.
40............................ EDGAR Revisions.......... 1875-AA14 Proposed Rule Stage.
41............................ Family Educational Rights 1875-AA15 Proposed Rule Stage.
and Privacy Act.
42............................ Student Loan Relief...... 1840-AD93 Proposed Rule Stage.
43............................ Gainful Employment....... 1840-AD57 Completed Actions.
44............................ Improving Income Driven 1840-AD81 Completed Actions.
Repayment.
----------------------------------------------------------------------------------------------------------------
[[Page 9299]]
Department of Energy
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
45............................ Clean Energy for New 1904-AB96 Final Rule Stage.
Federal Buildings and
Major Renovations of
Federal Buildings.
46............................ Energy Conservation 1904-AD91 Final Rule Stage.
Standards for Consumer
Water Heaters.
47............................ Coordination of Federal 1901-AB62 Final Rule Stage.
Authorizations for
Electric Transmission
Facilities.
----------------------------------------------------------------------------------------------------------------
Department of Health and Human Services
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
48............................ Rulemaking on 0945-AA15 Proposed Rule Stage.
Discrimination on the
Basis of Disability in
Health and Human
Services Programs or
Activities.
49............................ Proposed Modifications to 0945-AA22 Proposed Rule Stage.
the HIPAA Security Rule
to Strengthen the
Cybersecurity of
Electronic Protected
Health Information.
50............................ Confidentiality of 0945-AA16 Final Rule Stage.
Substance Use Disorder
Patient Records.
51............................ Nondiscrimination in 0945-AA17 Final Rule Stage.
Health Programs and
Activities.
52............................ Safeguarding the Rights 0945-AA18 Final Rule Stage.
of Conscience as
Protected by Federal
Statutes.
53............................ Health and Human Services 0945-AA19 Final Rule Stage.
Grants Regulation.
54............................ Proposed Modifications to 0945-AA20 Final Rule Stage.
the HIPAA Privacy Rule
to Support Reproductive
Health Care Privacy.
55............................ Establishment of 0955-AA05 Proposed Rule Stage.
Disincentives for Health
Care Providers Who Have
Committed Information
Blocking.
56............................ Control of Communicable 0920-AA75 Final Rule Stage.
Diseases; Foreign
Quarantine.
57............................ Tobacco Product Standard 0910-AI76 Proposed Rule Stage.
for Nicotine Level of
Certain Tobacco Products.
58............................ Front-of-Package 0910-AI80 Proposed Rule Stage.
Nutrition Labeling.
59............................ Medical Devices; 0910-AI85 Proposed Rule Stage.
Laboratory Developed
Tests.
60............................ Nonprescription Drug 0910-AH62 Final Rule Stage.
Product With an
Additional Condition for
Nonprescription Use.
61............................ Nutrient Content Claims, 0910-AI13 Final Rule Stage.
Definition of Term:
Healthy.
62............................ Tobacco Product Standard 0910-AI28 Final Rule Stage.
for Characterizing
Flavors in Cigars.
63............................ Standards for the 0910-AI49 Final Rule Stage.
Growing, Harvesting,
Packing, and Holding of
Produce for Human
Consumption Relating to
Agricultural Water.
64............................ Tobacco Product Standard 0910-AI60 Final Rule Stage.
for Menthol in
Cigarettes.
65............................ Countermeasures Injury 0906-AB31 Proposed Rule Stage.
Compensation Program:
COVID-19 Countermeasures
Injury Table.
66............................ 340B Drug Pricing 0906-AB28 Final Rule Stage.
Program; Administrative
Dispute Resolution.
67............................ Healthcare System 0938-AU91 Proposed Rule Stage.
Resiliency and
Modernization (CMS-3426).
68............................ Appeal Rights for Certain 0938-AV16 Proposed Rule Stage.
Changes in Patient
Status (CMS-4204).
69............................ Contract Year 2025 Policy 0938-AV24 Proposed Rule Stage.
and Technical Changes to
the Medicare Advantage,
Medicare Prescription
Drug Benefit, and
Medicare Cost Plan
Programs, and PACE (CMS-
4205).
70............................ Minimum Staffing 0938-AV25 Proposed Rule Stage.
Standards for Long-Term
Care Facilities and
Medicaid Institutional
Payment Transparency
Reporting (CMS-3442).
71............................ Streamlining the 0938-AU00 Final Rule Stage.
Medicaid, CHIP, and BHP
Application, Eligibility
Determination,
Enrollment, and Renewal
Processes (CMS-2421).
72............................ Short-Term, Limited- 0938-AU67 Final Rule Stage.
Duration Insurance;
Independent,
Noncoordinated Excepted
Benefits Coverage; Level-
Funded Plan
Arrangements; and Tax
Treatment of Certain
Accident and Health
Insurance (CMS-9904).
73............................ Ensuring Access to 0938-AU68 Final Rule Stage.
Medicaid Services (CMS-
2442).
74............................ Coverage of Certain 0938-AU94 Final Rule Stage.
Preventive Services
Under the Affordable
Care Act (CMS-9903).
75............................ Medicaid and Children's 0938-AU99 Final Rule Stage.
Health Insurance Program
(CHIP) Managed Care
Access, Finance, and
Quality (CMS-2439).
76............................ Disclosures of Ownership 0938-AU90 Long-Term Actions.
and Additional
Disclosable Parties
Information for Skilled
Nursing Facilities and
Nursing Facilities (CMS-
6084).
77............................ Hospital Outpatient 0938-AV18 Completed Actions.
Prospective Payment
System: Remedy for 340B-
Acquired Drugs Purchased
in Cost Years 2018-2022
(CMS-1793).
78............................ Strengthening Temporary 0970-AC97 Proposed Rule Stage.
Assistance for Needy
Families (TANF) as a
Safety Net Program.
79............................ Employment and Training 0970-AD00 Proposed Rule Stage.
Services for
Noncustodial Parents in
the Child Support
Services Program.
80............................ Supporting the Head Start 0970-AD01 Proposed Rule Stage.
Workforce and Other
Quality Improvements.
81............................ Safe and Appropriate 0970-AD03 Proposed Rule Stage.
Foster Care Placement
Requirements for Titles
IV-E and IV-B.
82............................ Improving Child Care 0970-AD02 Final Rule Stage.
Access, Affordability,
and Stability in the
Child Care and
Development Fund (CCDF).
83............................ Separate Licensing 0970-AC91 Completed Actions.
Standards for Relative
or Kinship Foster Family
Homes.
84............................ Adult Protective Services 0985-AA18 Proposed Rule Stage.
Functions and Grant
Programs.
----------------------------------------------------------------------------------------------------------------
[[Page 9300]]
Department of Homeland Security
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
85............................ Victims of Qualifying 1615-AA67 Proposed Rule Stage.
Criminal Activities;
Eligibility Requirements
for U Nonimmigrant
Status and Adjustment of
Status.
86............................ Improving the Regulations 1615-AC22 Proposed Rule Stage.
Governing the Adjustment
of Status to Lawful
Permanent Residence and
Related Immigration
Benefits.
87............................ Asylum Eligibility and 1615-AC57 Proposed Rule Stage.
Public Health.
88............................ Clarifying Definitions 1615-AC65 Proposed Rule Stage.
and Analyses for Fair
and Efficient Asylum and
Other Protection
Determinations.
89............................ Procedures for Asylum and 1615-AC69 Proposed Rule Stage.
Bars to Asylum
Eligibility.
90............................ Modernizing H-1B 1615-AC70 Proposed Rule Stage.
Requirements and
Oversight, Providing
Flexibility in the F-1
Program, and Program
Improvements Affecting
Other Nonimmigrant
Workers.
91............................ Modernizing H-2 Program 1615-AC76 Proposed Rule Stage.
Requirements, Oversight,
and Worker Protections.
92............................ Citizenship and 1615-AC80 Proposed Rule Stage.
Naturalization and Other
Related Flexibilities.
93............................ U.S. Citizenship and 1615-AC68 Final Rule Stage.
Immigration Services Fee
Schedule and Changes to
Certain Other
Immigration Benefit
Request Requirements.
94............................ Shipping Safety Fairways 1625-AC57 Proposed Rule Stage.
Along the Atlantic Coast.
95............................ Cybersecurity in the 1625-AC77 Proposed Rule Stage.
Marine Transportation
System.
96............................ MARPOL Annex VI; 1625-AC78 Proposed Rule Stage.
Prevention of Air
Pollution From Ships.
97............................ Advance Passenger 1651-AB43 Final Rule Stage.
Information System:
Electronic Validation of
Travel Documents.
98............................ Enhancing Surface Cyber 1652-AA74 Proposed Rule Stage.
Risk Management.
99............................ Flight Training Security 1652-AA35 Final Rule Stage.
Program.
100........................... Frequency of Renewal 1652-AA72 Final Rule Stage.
Cycle for Indirect Air
Carrier Security
Programs.
101........................... Minimum Standards for 1652-AA76 Final Rule Stage.
Driver's Licenses and
Identification Cards
Acceptable by Federal
Agencies for Official
Purposes; Waiver for
Mobile Driver's Licenses.
102........................... Clarifying and Revising 1653-AA92 Proposed Rule Stage.
Custody Determination
and Detention
Classification
Procedures.
103........................... National Flood Insurance 1660-AB06 Proposed Rule Stage.
Program: Standard Flood
Insurance Policy,
Homeowner Flood Form.
104........................... Update of FEMA's Public 1660-AB09 Proposed Rule Stage.
Assistance Regulations.
105........................... Updates to Floodplain 1660-AB12 Proposed Rule Stage.
Management and
Protection of Wetlands
Regulations to Implement
the Federal Flood Risk
Management Standard.
106........................... Individual Assistance 1660-AB07 Final Rule Stage.
Program Equity.
107........................... National Flood Insurance 1660-AB11 Long-Term Actions.
Program's Floodplain
Management Standards for
Land Management & Use, &
an Assessment of the
Program's Impact on
Threatened and
Endangered Species &
Their Habitats.
----------------------------------------------------------------------------------------------------------------
Department of the Interior
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
108........................... ONRR Designation Form for 1012-AA33 Proposed Rule Stage.
Payment Responsibility.
109........................... Oil-Spill Response 1014-AA44 Proposed Rule Stage.
Requirements for
Facilities Located
Seaward of the Coast
Line Proposed Rule.
110........................... Revisions to Subpart J-- 1014-AA45 Proposed Rule Stage.
Pipelines and Pipeline
Rights-of-Way Proposed
Rule.
111........................... Outer Continental Shelf 1014-AA49 Final Rule Stage.
Lands Act; Operating in
High-Pressure and/or
High-Temperature (HPHT)
Environments.
112........................... Carbon Sequestration..... 1082-AA04 Proposed Rule Stage.
113........................... Department of the 1090-AB25 Proposed Rule Stage.
Interior Acquisition
Regulation Governance
Titles.
114........................... Natural Resource Damages 1090-AB26 Proposed Rule Stage.
for Hazardous Substances.
115........................... Privacy Act Exemption for 1090-AB28 Proposed Rule Stage.
INTERIOR/DOI-10, DOI Law
Enforcement Records
Management System
(LERMS).
116........................... Privacy Act Exemption for 1090-AB27 Final Rule Stage.
INTERIOR/OIG-02
Investigative Records.
117........................... Office of Hearings and 1094-AA57 Proposed Rule Stage.
Appeals (OHA) Rule.
118........................... Wildlife and Fisheries; 1018-BF63 Proposed Rule Stage.
Compensatory Mitigation
Mechanisms.
119........................... Migratory Bird Permits; 1018-BF71 Proposed Rule Stage.
Authorizing the
Incidental Take of
Migratory Birds,
Proposed Rule.
120........................... Maintaining the 1018-BG78 Proposed Rule Stage.
Biological Integrity,
Diversity, and
Environmental Health of
the National Wildlife
Refuge System, Proposed
rule.
121........................... Permits for Incidental 1018-BE70 Final Rule Stage.
Take of Eagles and Eagle
Nests, Final Rule.
122........................... Regulations Pertaining to 1018-BF88 Final Rule Stage.
Endangered and
Threatened Wildlife and
Plants.
123........................... Regulations for Listing 1018-BF95 Final Rule Stage.
Endangered and
Threatened Species and
Designating Critical
Habitat, Final Rule.
124........................... Endangered and Threatened 1018-BF96 Final Rule Stage.
Wildlife and Plants;
Interagency Cooperation.
125........................... Endangered Species Act 1018-BF99 Final Rule Stage.
Section 10 Regulations;
Enhancement of Survival
and Incidental Take
Permits, Final rule.
126........................... Revision to the Section 1018-BG66 Final Rule Stage.
4(d) Rule for the
African Elephant, Final
rule.
127........................... Establishment of a 1018-BG79 Final Rule Stage.
Nonessential
Experimental Population
of the Gray Wolf in the
State of Colorado, Final
Rule.
[[Page 9301]]
128........................... National Wildlife Refuge 1018-BG71 Completed Actions.
System; Station-Specific
Hunting and Sport
Fishing Regulations,
2023-24, Final rule.
129........................... Native American Graves 1024-AE19 Final Rule Stage.
Protection and
Repatriation Act
Regulations.
130........................... Alaska; Hunting and 1024-AE70 Final Rule Stage.
Trapping in National
Preserves.
131........................... Agricultural Leasing of 1076-AF66 Proposed Rule Stage.
Indian Land.
132........................... Procedures for Federal 1076-AF67 Proposed Rule Stage.
Acknowledgment of Indian
Tribes.
133........................... Indian Arts and Crafts... 1076-AF69 Proposed Rule Stage.
134........................... Mining of the Osage 1076-AF59 Final Rule Stage.
Mineral Estate for Oil
and Gas.
135........................... Class III Tribal State 1076-AF68 Final Rule Stage.
Gaming Compact Process.
136........................... Land Acquisitions........ 1076-AF71 Final Rule Stage.
137........................... Fitness to Operate 1010-AE21 Proposed Rule Stage.
Standards for Oil and
Gas Operators and
Lessees on the Outer
Continental Shelf.
138........................... Renewable Energy 1010-AE04 Final Rule Stage.
Modernization Rule.
139........................... Protection of Marine 1010-AE11 Final Rule Stage.
Archaeological Resources.
140........................... Risk Management and 1010-AE14 Final Rule Stage.
Financial Assurance for
OCS Lease and Grant
Obligations.
141........................... Emergency Preparedness 1029-AC82 Proposed Rule Stage.
for Impoundments.
142........................... Ten-Day Notices.......... 1029-AC81 Final Rule Stage.
143........................... Public Conduct on Bureau 1006-AA58 Final Rule Stage.
of Reclamation
Facilities, Lands and
Waterbodies.
144........................... Closure and Restriction 1004-AE89 Proposed Rule Stage.
Orders.
145........................... Management and Protection 1004-AE95 Proposed Rule Stage.
of the National
Petroleum Reserve in
Alaska.
146........................... Update of the 1004-AE60 Final Rule Stage.
Communications Uses
Program, Right-of-Way
Cost Recovery Fee
Schedules and Section
512 of FLPMA for Rights-
of-Way.
147........................... Rights-of-Way, Leasing 1004-AE78 Final Rule Stage.
and Operations for
Renewable Energy.
148........................... Waste Prevention, 1004-AE79 Final Rule Stage.
Production Subject to
Royalties, and Resource
Conservation.
149........................... Fluid Mineral Leases and 1004-AE80 Final Rule Stage.
Leasing Process.
150........................... Conservation and 1004-AE92 Final Rule Stage.
Landscape Health.
----------------------------------------------------------------------------------------------------------------
Department of Justice
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
151........................... Implementation of the ADA 1190-AA73 Proposed Rule Stage.
Amendments Act of 2008:
Federally Conducted
(Section 504 of the
Rehabilitation Act of
1973).
152........................... Nondiscrimination on the 1190-AA77 Proposed Rule Stage.
Basis of Disability by
State and Local
Governments; Public
Right-of-Way.
153........................... Nondiscrimination on the 1190-AA78 Proposed Rule Stage.
Basis of Disability by
State and Local
Governments: Medical
Diagnostic Equipment.
154........................... Nondiscrimination on the 1190-AA79 Final Rule Stage.
Basis of Disability:
Accessibility of Web
Information and Services
of State and Local
Government Entities.
155........................... Telemedicine Prescribing 1117-AB40 Proposed Rule Stage.
of Controlled Substances
When the Practitioner
and the Patient Have not
had a Prior In-Person
Medical Evaluation.
156........................... Import/Export and 1117-AB80 Proposed Rule Stage.
Domestic Transactions of
Tableting and
Encapsulating Machines.
157........................... Clarifying Definitions 1125-AB13 Proposed Rule Stage.
and Analyses for Fair
and Efficient Asylum and
Other Protection
Determinations.
158........................... Appellate Procedures and 1125-AB18 Proposed Rule Stage.
Decisional Finality in
Immigration Proceedings;
Administrative Closure.
159........................... Hearing Requirements and 1125-AB22 Proposed Rule Stage.
Application Procedures
for Asylum and Related
Protection.
160........................... Clarifying and Revising 1125-AB27 Proposed Rule Stage.
Custody Determination
Procedures for
Noncitizens Subject to
Discretionary Detention
(INA 236(a)/8 U.S.C.
1226 detention).
----------------------------------------------------------------------------------------------------------------
Department of Labor
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
161........................... Defining and Delimiting 1235-AA39 Proposed Rule Stage.
the Exemptions for
Executive,
Administrative,
Professional, Outside
Sales, and Computer
Employees.
162........................... Nondisplacement of 1235-AA42 Final Rule Stage.
Qualified Workers Under
Service Contracts.
163........................... Employee or Independent 1235-AA43 Final Rule Stage.
Contractor
Classification Under the
Fair Labor Standards Act.
164........................... Improving Protections For 1205-AC12 Proposed Rule Stage.
Workers in Temporary
Agricultural Employment
in the United States.
165........................... National Apprenticeship 1205-AC13 Proposed Rule Stage.
System Enhancements.
166........................... Wagner-Peyser Act 1205-AC02 Final Rule Stage.
Staffing.
167........................... Retirement Security Rule: 1210-AC02 Proposed Rule Stage.
Definition of an
Investment Advice
Fiduciary.
[[Page 9302]]
168........................... Mental Health Parity and 1210-AC11 Proposed Rule Stage.
Addiction Equity Act and
the Consolidated
Appropriations Act, 2021.
169........................... Definition of 'Employer' 1210-AC16 Proposed Rule Stage.
Under Section 3(5) of
ERISA-Association Health
Plans.
170........................... Coverage of Certain 1210-AC13 Final Rule Stage.
Preventive Services
Under the Affordable
Care Act.
171........................... Respirable Crystalline 1219-AB36 Final Rule Stage.
Silica.
172........................... Safety Program for 1219-AB91 Final Rule Stage.
Surface Mobile Equipment.
173........................... Heat Illness Prevention 1218-AD39 Prerule Stage.
in Outdoor and Indoor
Work Settings.
174........................... Infectious Diseases...... 1218-AC46 Proposed Rule Stage.
175........................... Emergency Response....... 1218-AC91 Proposed Rule Stage.
----------------------------------------------------------------------------------------------------------------
Department of Transportation
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
176........................... Safety Management Systems 2120-AL60 Final Rule Stage.
----------------------------------------------------------------------------------------------------------------
Department of Veterans Affairs
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
177........................... Updating VA Adjudication 2900-AR10 Proposed Rule Stage.
Regulations for
Disability or Death
Benefit Claims Related
to Herbicide Exposure.
178........................... Expanding Veterans 2900-AR47 Proposed Rule Stage.
Cemetery Grant Program
(VCGP) Grants to Include
Training Costs.
179........................... Technical Revisions to 2900-AR73 Proposed Rule Stage.
Expand Health Care for
Certain Toxic Exposure
and Overseas Contingency
Service.
180........................... Updating VA Adjudication 2900-AR75 Proposed Rule Stage.
Regulations for
Disability or Death
Benefits Based on Toxic
Exposure.
181........................... Evidence Requirements for 2900-AR91 Proposed Rule Stage.
Direct Service
Connection of Covered
Mental Health Conditions
Based on In-Service
Personal Trauma.
182........................... Amendments to the 2900-AR96 Proposed Rule Stage.
Caregivers Program.
183........................... Revision of Veterans 2900-AS00 Proposed Rule Stage.
Community Care Program
(VCCP) Access Standards.
184........................... Modifying Copayments for 2900-AQ30 Final Rule Stage.
Veterans at High Risk
for Suicide.
185........................... Update and Clarify 2900-AQ95 Final Rule Stage.
Regulatory Bars to
Benefits Based on
Character of Discharge.
186........................... Veteran and Spouse 2900-AR68 Final Rule Stage.
Transitional Assistance
Grant Program.
187........................... Reevaluation of Claims 2900-AR76 Final Rule Stage.
for Dependency and
Indemnity Compensation
Based on Public Law 117-
168.
188........................... Presumptive Service 2900-AR25 Completed Actions.
Connection for
Respiratory Conditions
Due to Exposure to
Particulate Matter.
189........................... Presumptive Service 2900-AR44 Completed Actions.
Connection for Rare
Respiratory Cancers Due
to Exposure to Fine
Particulate Matter.
----------------------------------------------------------------------------------------------------------------
Environmental Protection Agency
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
190........................... Review of the Secondary 2060-AS35 Proposed Rule Stage.
National Ambient Air
Quality Standards for
Ecological Effects of
Oxides of Nitrogen,
Oxides of Sulfur and
Particulate Matter.
191........................... NSPS for GHG Emissions 2060-AV09 Proposed Rule Stage.
From New, Modified, and
Reconstructed Fossil
Fuel-Fired EGUs;
Emission Guidelines for
GHG Emissions From
Existing Fossil Fuel-
Fired EGUs; and Repeal
of the ACE Rule.
192........................... Review of Final Rule 2060-AV20 Proposed Rule Stage.
Reclassification of
Major Sources as Area
Sources Under Section
112 of the Clean Air Act.
193........................... Phasedown of 2060-AV84 Proposed Rule Stage.
Hydrofluorocarbons:
Management of Certain
Hydrofluorocarbons and
Substitutes Under
Subsection (h) of the
American Innovation and
Manufacturing Act of
2020.
194........................... Phasedown of 2060-AV98 Proposed Rule Stage.
Hydrofluorocarbons:
Review and Renewal of
Eligibility for
Application-specific
Allowances.
195........................... 1-Bromopropane (1-BP); 2070-AK73 Proposed Rule Stage.
Regulation Under the
Toxic Substances Control
Act (TSCA).
196........................... Trichloroethylene; 2070-AK83 Proposed Rule Stage.
Regulation Under the
Toxic Substances Control
Act (TSCA).
197........................... N-Methylpyrrolidone 2070-AK85 Proposed Rule Stage.
(NMP); Regulation Under
the Toxic Substances
Control Act (TSCA).
198........................... Procedures for Chemical 2070-AK90 Proposed Rule Stage.
Risk Evaluation Under
the Toxic Substances
Control Act (TSCA).
[[Page 9303]]
199........................... Revisions to Standards 2050-AH24 Proposed Rule Stage.
for the Open Burning/
Open Detonation of Waste
Explosives.
200........................... Listing of PFOA, PFOS, 2050-AH26 Proposed Rule Stage.
PFBS, and GenX as
Resource Conservation
and Recovery Act (RCRA)
Hazardous Constituents.
201........................... Definition of Hazardous 2050-AH27 Proposed Rule Stage.
Waste Applicable to
Corrective Action for
Solid Waste Management
Units.
202........................... National Primary Drinking 2040-AG16 Proposed Rule Stage.
Water Regulations for
Lead and Copper:
Improvements (LCRI).
203........................... National Emission 2060-AU37 Final Rule Stage.
Standards for Hazardous
Air Pollutants: Ethylene
Oxide Commercial
Sterilization and
Fumigation Operations.
204........................... New Source Performance 2060-AV16 Final Rule Stage.
Standards and Emission
Guidelines for Crude Oil
and Natural Gas
Facilities: Climate
Review.
205........................... Revisions to the Air 2060-AV41 Final Rule Stage.
Emission Reporting
Requirements (AERR).
206........................... Multi-Pollutant Emissions 2060-AV49 Final Rule Stage.
Standards for Model
Years 2027 and Later
Light-Duty and Medium-
Duty Vehicles.
207........................... Greenhouse Gas Emissions 2060-AV50 Final Rule Stage.
Standards for Heavy-Duty
Vehicles--Phase 3.
208........................... Reconsideration of the 2060-AV52 Final Rule Stage.
National Ambient Air
Quality Standards for
Particulate Matter.
209........................... NESHAP: Coal-and Oil- 2060-AV53 Final Rule Stage.
Fired Electric Utility
Steam Generating Units-
Review of the Residual
Risk and Technology
Review.
210........................... NSPS for the Synthetic 2060-AV71 Final Rule Stage.
Organic Chemical
Manufacturing Industry
and NESHAP for the
Synthetic Organic
Chemical Manufacturing
Industry and Group I &
II Polymers and Resins
Industry.
211........................... Methylene Chloride (MC); 2070-AK70 Final Rule Stage.
Regulation Under the
Toxic Substances Control
Act (TSCA).
212........................... Carbon Tetrachloride 2070-AK82 Final Rule Stage.
(CTC); Regulation Under
the Toxic Substances
Control Act (TSCA).
213........................... Perchloroethylene (PCE); 2070-AK84 Final Rule Stage.
Regulation Under the
Toxic Substances Control
Act (TSCA).
214........................... Asbestos Part 1 2070-AK86 Final Rule Stage.
(Chrysotile Asbestos);
Regulation of Certain
Conditions of Use Under
the Toxic Substances
Control Act (TSCA).
215........................... Reconsideration of the 2070-AK91 Final Rule Stage.
Dust-Lead Hazard
Standards and Dust-Lead
Post Abatement Clearance
Levels.
216........................... Designating PFOA and PFOS 2050-AH09 Final Rule Stage.
as CERCLA Hazardous
Substances.
217........................... Hazardous and Solid Waste 2050-AH14 Final Rule Stage.
Management System:
Disposal of Coal
Combustion Residuals
From Electric Utilities;
Legacy Surface
Impoundments.
218........................... Clean Water Act Hazardous 2050-AH17 Final Rule Stage.
Substance Facility
Response Plans.
219........................... Accidental Release 2050-AH22 Final Rule Stage.
Prevention Requirements:
Risk Management Program
Under the Clean Air Act;
Safer Communities by
Chemical Accident
Prevention.
220........................... Federal Baseline Water 2040-AF62 Final Rule Stage.
Quality Standards for
Indian Reservations.
221........................... Water Quality Standards 2040-AG17 Final Rule Stage.
Regulatory Revisions to
Protect Tribal Reserved
Rights.
222........................... PFAS National Primary 2040-AG18 Final Rule Stage.
Drinking Water
Regulation Rulemaking.
223........................... Supplemental Effluent 2040-AG23 Final Rule Stage.
Limitations Guidelines
and Standards for the
Steam Electric Power
Generating Point Source
Category.
----------------------------------------------------------------------------------------------------------------
Equal Employment Opportunity Commission
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
224........................... Regulations to Implement 3046-AB30 Final Rule Stage.
the Pregnant Workers
Fairness Act.
----------------------------------------------------------------------------------------------------------------
Pension Benefit Guaranty Corporation
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
225........................... Actuarial Assumptions for 1212-AB54 Final Rule Stage.
Determining an
Employer's Withdrawal
Liability.
----------------------------------------------------------------------------------------------------------------
Social Security Administration
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
226........................... Omitting Food From In- 0960-AI60 Final Rule Stage.
Kind Support and
Maintenance Calculations.
227........................... Expand the Definition of 0960-AI81 Final Rule Stage.
a Public Assistance (PA)
Household.
228........................... Nationwide Expansion of 0960-AI82 Final Rule Stage.
the Rental Subsidy
Policy for SSI
Recipients.
[[Page 9304]]
229........................... Intermediate Improvement 0960-AI83 Final Rule Stage.
to the Disability
Adjudication Process,
Including How we
Consider Past Work.
----------------------------------------------------------------------------------------------------------------
Consumer Product Safety Commission
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No. Rulemaking stage
----------------------------------------------------------------------------------------------------------------
230........................... Regulatory Options for 3041-AC31 Proposed Rule Stage.
Table Saws.
231........................... Safety Standard for 3041-AD70 Proposed Rule Stage.
Residential Gas Furnaces
and Boilers.
232........................... Portable Generators...... 3041-AC36 Final Rule Stage.
----------------------------------------------------------------------------------------------------------------
Introduction to the Fall 2023 Regulatory Plan
Executive Order 12866, issued in 1993, requires the annual
production of a Unified Regulatory Agenda and Regulatory Plan. It does
so in order to promote transparency--or in the words of the Executive
Order itself, ``to have an effective regulatory program, to provide for
coordination of regulations, to maximize consultation and the
resolution of potential conflicts at an early stage, to involve the
public and its State, local, and tribal officials in regulatory
planning, and to ensure that new or revised regulations promote the
President's priorities and the principles set forth in this Executive
order.'' Executive Order 13563, issued in 2011, and Executive Order
14094, issued in 2023, reaffirmed and amended the requirements of
Executive Order 12866.
We are now providing the Fall 2023 Regulatory Plan. The regulatory
plans and agendas submitted by agencies and included here offer a
window into how the Administration plans to continue delivering on the
President's agenda to advance economic prosperity and equity, tackle
the climate crisis, advance public health, and much more to improve the
lives of the American people. Agencies will be continuing their work to
implement landmark legislation passed during this Administration,
including the implementation of the PACT Act, (Pub. L. 117-168); the
Inflation Reduction Act, (Pub. L. 117-169); and the CHIPS and Science
Act, (Pub. L. 117-167); as well as ongoing efforts to implement the
Infrastructure Investment and Jobs Act (Bipartisan Infrastructure Law),
Public Law 117-58. Agencies have also highlighted in their plans and
agendas how they have engaged with the public in developing regulatory
priorities, as well as future opportunities for engagement.
DEPARTMENT OF AGRICULTURE
Statement of Regulatory Priorities
In 2024, the U.S. Department of Agriculture (USDA) plans to
prioritize initiatives that promote growth and new market opportunity
in Rural America for our farmers, ranchers, small businesses, and
communities, particularly among historically underserved communities,
while implementing an expected new 5 year Farm Bill reauthorization for
our major agricultural and food programs. USDA further anticipates a
Farm Bill reauthorization as an opportunity to strengthen and improve
our customer service and delivery combined with IT modernization that
fosters 21st century innovation. USDA will use available outreach and
communication tools to seek input and engagement from our traditional
stakeholders as well as those communities whom we may not have been
able to reach in the past but who, like our traditional stakeholders,
offer critical implementation input and feedback. In short, we want to
know what works, and what doesn't work, from everyone.
In 2024, USDA will seek and promote 21st century innovation
initiatives like carbon capture and storage, addressing the effects of
climate change such as drought and wildfire risks, and other climate-
smart agriculture initiatives. As in the past, USDA will continue to
tackle food and nutrition insecurity while maintaining a safe food
supply and responding to any disaster and emergency threats impacting
the American Farm economy, schools, individual households, and our
National Forests. Finally, all of USDA's programs, including the
priorities contained in this Regulatory Plan, will be structured to
advance the cause of equity by removing barriers and opening new
opportunities for our customers.
In 2023, the USDA:
Agricultural Marketing Service published the Strengthening Organic
Enforcement (SOE) final rule (January 19, 2023, 88 FR 3548) that became
effective on March 20, 2023. As required by the 2018 Farm Bill, SOE
protects organic integrity and bolsters farmer and consumer confidence
in the USDA organic seal by supporting strong organic control systems,
improving farm to market traceability, increasing import oversight
authority, and providing robust enforcement of the organic regulations.
Topics addressed in this rulemaking include: National Organic Program
Import Certificates; recordkeeping and product traceability; certifying
agent personnel qualifications and training; standardized certificates
of organic operation; unannounced on-site inspections of certified
operations; oversight of certification activities; foreign conformity
assessment systems; certification of producer group operations;
labeling of nonretail containers; and, calculating organic content of
multi-ingredient products.
Forest Service implemented a final rule on Special Areas; Roadless
Area Conservation; National Forest System Lands in Alaska (January 27,
2023, 88 FR 5252) that repealed a final rule promulgated in 2020
exempting the Tongass National Forest from the 2001 Roadless Area
Conservation Rule (2001 Roadless Rule). The 2001 Roadless Rule
prohibited timber harvest and road construction or reconstruction
within designated inventoried Roadless Areas, with limited exceptions.
The rule is consistent with President Biden's Executive Order 13990,
Protecting Public Health and the Environment and Restoring Science to
Tackle the Climate Crisis.
In late 2023, the Forest Service plans to publish a proposed rule
on Carbon Capture, Utilization, and Storage that would allow exclusive
or perpetual right of use or occupancy of National Forest System lands
that will allow for permanent carbon dioxide sequestration in order to
reduce the impacts of climate
[[Page 9305]]
change. Furthermore, the Forest Service plans to publish a Financial
Assurance for Locatable Minerals Interim Final rule that will allow
equities and private investment-rated securities within trust funds as
financial assurance for long-term post-closure obligations, which is
crucial for the stewardship and restoration of National Forest System
lands affected by mining. Finally, the Forest Service is making several
updates to its directives that will strengthen its ability to combat
climate change and improve access to, and delivery of, public programs
and services by reducing administrative burden--including equitable
access to recreation, mitigation of adverse impacts, climate
resilience, and its Tribal action plan.
In late 2023, Food and Nutrition Service (FNS) plans to publish an
interim final rule (December 2023) that codifies flexibility for rural
program operators to provide non-congregate meal service in the Summer
Food Service Program (SFSP) and establishes a permanent Summer
Electronic Benefits Transfer for Children Program (Summer EBT). To
gather information for this rulemaking, between April-August 2023, FNS
hosted more than 100 listening sessions and information meetings with
State agencies, advocacy groups, program operators, and industry
partners. For more information about this rule, see RIN 0584-AE96.
In December 2023, FNS also plans to publish a final rule codifying
the provisions of the Access to Baby Formula Act of 2022. Amongst other
things, the rule codifies requirements for State agencies to include
language in their Women, Infants and Children (WIC) infant formula
rebate contracts that describes remedies in the event of an infant
formula recall. This rule was informed by lessons learned and feedback
received from State and local agencies, advocacy organizations, and
Federal research on the response to recent disasters, the COVID-19
pandemic, and a major WIC product recall. For more information about
this rule, see RIN 0584-AE94.
Outlined below are some of USDA's most important upcoming
regulatory actions for 2024. These include efforts to restore and
expand economic opportunity; address the climate crisis; and support
agricultural markets that are free, open, and promote competition. This
Regulatory Plan also reflects USDA's continued commitments to ensuring
a safe and nutritious food supply and animal welfare protections. As
always, our Semiannual Regulatory Agenda contains information on a
broad-spectrum of USDA's initiatives and planned upcoming regulatory
actions.
Foster Sustainable Economic Growth by Promoting Innovation, Building
Resilience to Climate Change, and Expanding Renewable Energy
Higher Blends Infrastructure Incentive Program: Rural Business
Cooperative Service (RBCS) Higher Blends Infrastructure Incentive
Program (HBIIP): HBIIP is a program designed to increase the sales and
use of higher blends of ethanol and biodiesel by expanding the
infrastructure for renewable fuels derived from U.S. agricultural
products. The program is also intended to encourage a more
comprehensive approach to market higher blends by sharing the costs
related to building out biofuel-related infrastructure. The program
should increase availability of domestic biofuels and give Americans
additional cleaner fuel options at the pump. RBCS is proposing a rule
to codify the policies and procedures for the program in the Code of
Federal Regulations, as this program has a significant impact on
climate change which is an Administration priority. Public engagement
will occur in early fall of 2023. A virtual listening session will be
announced in the Federal Register. For more information about this
rule, see RIN 0570-AB11.
Foster an Equitable and Competitive Marketplace for All Agricultural
Producers
Inclusive Competition and Market Integrity Rules Under the Packers
and Stockyards Act: USDA plans to supplement a recent revision to
regulations under the Packers and Stockyards (P&S) Act to prohibit
certain prejudices and disadvantages and unjustly discriminatory
conduct against covered producers in the livestock, meat, and poultry
markets. The proposal (October 3, 2022, 87 FR 60010) set forth
prohibited discrimination on the bases of the producer's personal
characteristics and identified as prohibited certain retaliatory
practices that interfere with lawful communications, assertion of
rights, and participation in associations, among other protected
activities. The proposal also identified unlawfully deceptive practices
that violate the P&S Act with respect to contract formation, contract
performance, contract termination and contract refusal. The purpose of
the final rule is to promote inclusive competition and market integrity
in the livestock, meats, and poultry markets. For more information
about this rule, see RIN 0581-AE05.
Unfair Practices, Undue Preferences, and Harm to Competition under
the Packers and Stockyards Act: The proposal would revise regulations
under the Packers and Stockyards Act (Act), providing clarity regarding
conduct that may violate the Act, including addressing harm to
competition. This proposal reflects feedback received from public input
generated by previous proposed and interim final rules. On June 22,
2010, USDA published in the Federal Register (75 FR 35338-35354) a
proposed rule recommending several changes to the regulations issued
under the Packers and Stockyards Act, 1921, as amended (P&S Act). On
December 20, 2016, USDA published a new ``Scope'' paragraph in the
Federal Register as an Interim Final Rule ``IFR'' with a request for
comments (81 FR 92566-92594). On October 18, 2017, USDA withdrew the
IFR (82 FR 48594-01). Though neither of these proposed rules became a
final rule, USDA received, reviewed, and considered public comments.
For more information about this rule, see RIN 0581-AE04.
Provide All Americans Safe, Nutritious Food
USDA's Food Safety and Inspection Service (FSIS) continues to
ensure that meat, poultry, and egg products are safe, wholesome and
properly marked, labeled, and packaged, and prohibits the distribution
in-commerce of meat, poultry, and egg products that are adulterated or
misbranded.
Salmonella Framework: One of FSIS' top priorities is to develop a
more comprehensive and effective strategy to reduce Salmonella
illnesses associated with poultry products. The agency gathered data
and information and solicited stakeholder input on Salmonella in
poultry. FSIS proposed in 2023 to declare that not-ready-to- eat
breaded stuffed chicken products that contain Salmonella at levels of 1
colony forming unit per gram or higher in the chicken components are
adulterated within the meaning of the Poultry Products Inspection Act
(April 28, 2023, 82 FR 26249) and will finalize this determination in
2024. FSIS also plans to propose a new regulatory framework targeted at
reducing Salmonella illnesses associated with poultry products and
moving closer to the national target of a 25 percent reduction in
Salmonella illnesses. For more information about the proposed new
regulatory framework, see RIN 0583-AD96.
In addition, FSIS intends to publish several rules to improve
regulatory certainty, which assure consumers that
[[Page 9306]]
meat, poultry, and egg products are safe and truthfully labeled.
Voluntary Labeling of Meat Products With ``Product of USA'' and
Similar Statements: FSIS plans to publish a final rule to address
concerns that the voluntary ``Product of USA'' label claim may confuse
consumers about the origin of FSIS regulated products. FSIS received
3,364 comments on the proposed rule during a 60-day comment period that
FSIS extended to 90 days based on requests from stakeholders. In
response to the Agency's consumer research and comments received on the
proposed rule, FSIS will define voluntary U.S.-origin label claims so
that they are more meaningful to consumers. For more information about
this rule, see RIN 0583-AD87.
Labeling of Meat or Poultry Products Comprised of or Containing
Cultured Animal Cells; and Revision of the Nutrition Facts Panels for
Meat and Poultry Products and Updating Certain Reference Amounts
Customarily Consumed: FSIS will propose to establish new requirements
for the labeling of meat and poultry food products made using animal
cell culture technology (i.e., ``cell-cultured'' food products). In
advance of the proposed rule, FSIS and FDA held a joint public meeting
in October 2018 to discuss the potential hazards, oversight
considerations, and labeling of cell-cultured food products derived
from livestock and poultry tissue (September 13, 2018, 83 FR 46476). In
addition, FSIS published an advanced notice of proposed rulemaking in
the Federal Register, soliciting public input on the labeling of cell-
cultured seafood, meat, and poultry food products (September 3, 2021,
86 FR 49491). FSIS also plans to finalize a labeling rule to update
nutrition labeling for meat and poultry products. The two rules would
provide additional certainty about what is required for meat and
poultry labeling while ensuring that consumers have accurate
information about the food they buy. For more information about these
rules, see RINs 0583-AD56 and 0583-AD89.
FNS' Child Nutrition Programs: Revisions to Meal Patterns
Consistent with the 2020 Guidelines for Americans: The final rule would
revise meal patterns in the National School Lunch Program and School
Breakfast Program to make school meals healthier and more consistent
with the most recent Dietary Guidelines for Americans while reflecting
the nutrient needs of children at risk for food insecurity. Throughout
2022, USDA held over 50 listening sessions with State agencies, school
food authorities, advocacy organizations, Tribal dietitians and
schools, professional associations, food manufacturers, and other
Federal agencies to inform the proposed rule (February 7, 2023, 88 FR
8050). USDA also received extensive input through over 136,000 public
comments on the proposed rule during a 60-day comment period that USDA
extended to 90 days based on requests from stakeholders. Through this
stakeholder engagement, USDA gained valuable insights into the
successes and challenges that schools experience implementing the
school meal nutrition standards and will use this information to
develop a practical and durable final rule. For more information about
this rule, see RIN 0584-AE88.
FNS' Special Supplemental Nutrition Program for Women, Infants and
Children (WIC): Revisions in the WIC Food Packages: Consistent with
recommendations from the National Academies of Sciences, Engineering,
and Medicine and the latest Dietary Guidelines for Americans, the final
rule would provide participants with greater choices in variety and
food package sizes and align the WIC food packages with available
nutrition science. When developing the proposed rule (November 21,
2022, 87 FR 71090), FNS solicited feedback from WIC participants, state
and tribal partners, and other government agencies. FNSpublished the
proposed rule with a 90-day comment period and will consider comments
received in development of this final rule. For more information about
this rule, see RIN 0584-AE82.
National Organic Program; Organic Livestock and Poultry Standards:
The final rule would establish standards that support additional
practice standards for organic livestock and poultry production. This
final action would add provisions to the USDA organic regulations to
address and clarify livestock and poultry living conditions (for
example, outdoor access, housing environment and stocking densities),
health care practices (for example physical alterations, administering
medical treatment, euthanasia), and animal handling and transport to
and during slaughter. For more information about this rule, see RIN
0581-AE06.
Improve Access to, and Delivery of, Public Programs and Services by
Reducing Administrative Burden
Forest Service Amendment to Locatable Minerals: The locatable
minerals regulations have remained mostly unchanged since they were
first promulgated in 1974. Court cases, government audits, and
implementation experience have identified many shortcomings in the
current regulations that challenge the agency's ability to efficiently
and effectively administer locatable mineral activity on National
Forest System lands. The Forest Service is proposing to revise its
regulations for administering hard-rock mining activities on National
Forest System lands, providing permitting certainty; strong,
responsible mining standards; enhanced community and Tribal engagement;
and proactive environmental management. To gather public input into
this proposed rule, it was preceded by a Locatable Minerals advance
notice of proposed rulemaking (ANPR) (September 13, 2018, 83 FR 46451).
Following the completion of the comment period for the ANPR, the Forest
Service analyzed the comments received and used the information to
draft the proposed regulation. For more information about this rule,
see RIN: 0596-AD32.
USDA--AGRICULTURAL MARKETING SERVICE (AMS)
Proposed Rule Stage
1. Unfair Practices, Undue Preferences, and Harm to Competition Under
the Packers and Stockyards Act (AMS-FTPP-21-0046) [0581-AE04]
Priority: Other Significant.
Legal Authority: 7 U.S.C. 181 to 229c
CFR Citation: 9 CFR 201.
Legal Deadline: None.
Abstract: This action proposes to revise regulations issued under
the Packers and Stockyards Act (Act) (7 U.S.C. 181 229c), providing
clarity regarding conduct that may violate the Act. Revisions are
intended to support market growth, assure fair trade practices and
competition, and protect livestock and poultry growers and producers.
The action addresses long-standing issues related to competitiveness
and showings of harm or likely harm to competition.
Statement of Need: Revisions to regulations pertaining to the
Packers and Stockyards Act (Act) clarify the types of conduct by
packers, swine contractors, or live poultry dealers that the
Agricultural Marketing Service (AMS) considers unfair practices or
undue preferences and a violation of sections 202(a) or 202(b) of the
Act.
Sections 202(a) and 202(b) of the P&S Act are broadly written to
prohibit unjustly practices and undue preferences. Industry members
have complained that the regulations effectuating the Act are too vague
and do not provide adequate clarity about
[[Page 9307]]
the types of conduct or action that are likely to violate theAct. This
rule is needed to provide essential clarity about what would be
considered violations of the Act.
Revisions to regulations pertaining to the Packers and Stockyards
Act (Act) that would also clarify the scope of the Act are needed to
establish what conduct or action, depending on their nature and the
circumstances, violate the Act without a finding of harm or likely harm
to competition or as they may relate to harm or likely harm to
competition as such terms were contemplated under the Act. Such
revisions reflect the Department of Agriculture's (USDA) longstanding
position in this regard.
Summary of Legal Basis: The Packers and Stockyards Act (Act)
authorizes AMS to determine if conduct within the poultry and livestock
industries constitutes unfair practices or undue preferences and,
therefore a violation of the Act.
The Act provides USDA with the authority to assure fair competition
and trade practices and to safeguard farmers against receiving less
than the true market value of their livestock. Sections 202(c), (d),
and (e) of the Act limit the application of those sections to acts or
practices that have an adverse effect on competition, such as acts
restraining commerce, creating a monopoly, or producing another type of
antitrust injury. However, provisions in sections 202(a) and (b)
restrict practices that are deceptive, unfair, unjust, undue, and
unreasonable; terms that are understood to encompass more than
anticompetitive conduct. USDA's position is that Congress did not
intend application of sections 202(a) and (b) to be limited to
instances in which there is harm to competition.
Alternatives: USDA considered doing nothing. However, courts are
not unanimous in their findings. Further, several courts disagree with
USDA's position. Lack of clarity hinders the agency's ability to
consistently administer and enforce the Act.
Anticipated Cost and Benefits: USDA estimate annual costs related
to this rule of $9 million for the first five years, decreasing in
subsequent years, for total ten-year costs of $66 million. We believe
the primary benefit of the proposed regulation is the increased ability
to protect producers and growers through enforcement of the Act for
violations of section 202(a) and/or (b) that do not result in harm, or
a likelihood of harm, to competition.
Risks: Courts have recognized that the proper analysis of alleged
violations of these two sections depends on the facts of each case.
However, four courts of appeals have disagreed with USDA's
interpretation of the Act and have concluded that plaintiffs could not
prove their claims under those sections without proving harm to
competition or likely harm to competition. There is a risk if future
legal challenge of USDA interpretation of sections 202(c), (d), and (e)
of the Act.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Agency Contact: Michael V. Durando, Deputy Administrator, Fair
Trade Practices Program, Department of Agriculture, Agricultural
Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-
0237, Phone: 202 720-0219.
RIN: 0581-AE04
USDA--AMS
Final Rule Stage
2. Inclusive Competition and Market Integrity Under the Packers and
Stockyards Act (AMS-FTPP-21-0045) [0581-AE05]
Priority: Other Significant.
Legal Authority: 7 U.S.C. 181 to 229c
CFR Citation: 9 CFR 201.
Legal Deadline: None.
Abstract: This final rule would supplement a recent revision to
regulations issued under the Packers and Stockyards Act (Act) (7 U.S.C.
181 229c) that provided criteria for the Secretary to consider when
determining whether certain conduct or action by packers, swine
contractors, or live poultry dealers is unduly or unreasonably or
advantageous. Supplemental amendments clarify the conduct the
Department considers unfair, preferential, unjustly discriminatory, or
deceptive and a violation of sections 202(a) and (b) of the Act. The
rule would also clarify the criteria and types of conduct that would be
considered unduly or unreasonably preferential, advantageous,
prejudicial, or disadvantageous and violations of the Act, including
retaliatory practices that interfere with lawful communications,
assertion of rights, and associational participation.
Statement of Need: Revisions to regulations pertaining to the
Packers and Stockyards Act (Act) clarify the types of conduct by
packers, swine contractors, or live poultry dealers that the
Agricultural Marketing Service (AMS) considers unfair, unjustly
discriminatory, or deceptive and a violation of section 202(a) of the
Act, regardless of whether such action harms or is likely to harm
competition. The rule also clarifies the criteria and/or types of
conduct that would be considered unduly or unreasonably preferential,
advantageous, prejudicial, or disadvantageous and a violation of
section 202(b) of the Act.
Sections 202(a) and 202(b) of the P&S Act are broadly written to
prohibit unjustly discriminatory practices and undue preferences and
prejudices. Industry members have complained that the regulations
effectuating the Act are too vague and do not provide adequate clarity
about the types of conduct or action that are likely to violate the
Act. This rule is needed to provide essential clarity about what would
be considered violations of the Act, regardless of whether such
violations harm or are likely to harm competition.
Summary of Legal Basis: The Packers and Stockyards Act (Act)
authorizes AMS to determine if conduct within the poultry and livestock
industries are unfair, unjustly discriminatory, or deceptive and,
therefore a violation of the Act.
Alternatives: AMS considered taking no further action, allowing 100
years of case law to determine precedent in making determinations about
whether certain behaviors violate the Act. AMS also considered
revisiting the withdrawn 2016 rulemaking approach that would have
identified criteria with which to determine whether certain behaviors
violate the Act.
Anticipated Cost and Benefits: USDA estimates first-year costs
associated with this rule to be $517 thousand, with decreased costs
each year thereafter, resulting in a ten-year total cost of $2.88
million. AMS expects this rule to benefit all segments of the industry,
providing greater clarity about what would be considered violations of
the Act. AMS expects this rule, coupled with a concurrent rule on the
scope of the Act, to strengthen enforcement of the Act, resulting in
fairer and more competitive markets for producers and poultry growers.
Risks: Industry is divided about adding lists or examples of
specific prohibited conduct to the regulations. Some argue such lists
would inhibit freedom to forge contracts that fit individual
situations, while others contend greater specificity is required so
that affected parties can more readily identify violative behavior.
Industry is also split on the question of whether
[[Page 9308]]
identified prohibited behaviors must be found to harm or likely harm
competition to be considered violations of the Act. AMS expects to
resolve some of the controversy by being proactive and transparent with
the industry to allow for critical discussions and decisions on the
rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/03/22 87 FR 60010
NPRM Comment Period Extended........ 11/30/22 87 FR 73507
NPRM Comment Period End............. 12/02/22 .......................
NPRM Comment Period Extended End.... 01/17/23 .......................
Final Rule.......................... 12/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Michael V. Durando, Deputy Administrator, Fair
Trade Practices Program, Department of Agriculture, Agricultural
Marketing Service, 1400 Independence Avenue SW, Washington, DC 20250-
0237, Phone: 202 720-0219.
RIN: 0581-AE05
USDA--FOOD AND NUTRITION SERVICE (FNS)
Final Rule Stage
3. Special Supplemental Nutrition Program for Women, Infants and
Children (WIC): Revisions in the WIC Food Packages [0584-AE82]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 1786, sec. 17(f)(11)(C)
CFR Citation: 7 CFR 246.10.
Legal Deadline: None.
Abstract: This final rulemaking will amend regulations governing
the WIC food packages to: (1) incorporate recommendations of the
National Academies of Science, Engineering, and Medicine 2017
scientific report, Review of WIC Food Packages: Improving Balance and
Choice; (2) align with 2020 Dietary Guidelines for Americans; and (3)
make other administrative revisions or clarifications to food package
requirements. In the development of the proposed rule, FNS solicited
feedback from WIC participants, state and tribal partners, and other
government agencies. FNS published the proposed rule with a 90-day
comment period and will consider comments received in development of
this final rule.
Statement of Need: The National Academies of Sciences, Engineering,
and Medicine (NASEM) issued a 2017 report with recommendations to align
the WIC food packages with the available nutrition science and to
reflect the supplemental nature of the Program. In December 2020, the
USDA and the Department of Health and Human Services released the 2020-
2025 Dietary Guidelines for Americans (DGAs). USDA FNS will propose
rulemaking to incorporate NASEM recommendations and align the food
package with the latest DGAs.
Summary of Legal Basis: 42 U.S.C. 1786, sec. 17(f)(11)(C).
Alternatives: N/A.
Anticipated Cost and Benefits: This is discussed in the proposed
rulemaking's Regulatory Impact Analysis which was published on November
21, 2022 as an appendix to the rule, available at 87 FR 71090.
Risks: N/A.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/21/22 87 FR 71090
NPRM Comment Period End............. 02/21/23 .......................
Final Action........................ 04/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Federal, Local, State.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
Agency Contact: Michael DePiro, Specialist, Department of
Agriculture, Food and Nutrition Service, 1320 Braddock Place,
Alexandria, VA 22314, Phone: 703 305-2876, Email:
[email protected].
Maureen Lydon, Department of Agriculture, Food and Nutrition
Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 457-
7713, Email: [email protected].
RIN: 0584-AE82
USDA--FNS
4. Child Nutrition Programs: Revisions to Meal Patterns Consistent With
the 2020 Dietary Guidelines for Americans [0584-AE88]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 1758, sec. 9(f)(1)
CFR Citation: 7 CFR 210.10; 7 CFR 210.11; 7 CFR 215.7a; 7 CFR
220.8; 7 CFR 226.20; . . .
Legal Deadline: None.
Abstract: This rule would finalize long-term school nutrition
standards based on the Dietary Guidelines for Americans, 2020-2025, and
feedback that USDA received from child nutrition program stakeholders
through an extensive stakeholder engagement campaign. The revisions are
expected to make school meals more nutritious and more consistent with
the goals of the most recent Dietary Guidelines, as required by
statute. In addition, this rule would address the Buy American
provision, which requires school food authorities to purchase, to the
maximum extent practicable, domestic commodities or products for use in
the school meal programs. This rulemaking would impact schools that
participate in the school meal programs, and for certain rule
provisions, facilities and institutions that participate in the Child
and Adult Care Food Program and sponsors that participate in the Summer
Food Service Program. This rulemaking would also impact participants
who receive meals and snacks through the child nutrition programs. USDA
received stakeholder input on this rulemaking prior to publishing the
proposed rule. Throughout 2022, USDA held over 50 listening sessions
with State agencies, school food authorities, advocacy organizations,
Tribal stakeholders, professional associations, food manufacturers, and
other Federal agencies to inform the proposed rule. USDA also received
extensive input through public comments on the proposed rule. Through
this stakeholder engagement, USDA gained valuable insights into the
successes and challenges that schools experience implementing the
school meal nutrition standards and will use this information to
develop a practical and durable final rule.
Statement of Need: The revisions are needed to make school meals
more nutritious and more consistent with the goals of the most recent
Dietary Guidelines, as required by statute.
Summary of Legal Basis: 42 U.S.C. 1758, sec. 9(f)(1).
Alternatives: In the proposed rule, USDA considered two alternative
proposals for the milk requirements in school meals, one that would
maintain the current requirements and an alternative that would not
allow flavored milk for children in grades K-8. USDA also considered
two alternatives for the grain requirements in school meals, one that
would maintain the current requirements and an alternative that would
require all grains to be whole grain-rich, except that one day per
week, schools may offer enriched grains. In addition, USDA
[[Page 9309]]
considered proposing product-specific total sugars limits (to align
with existing CACFP requirements) rather than added sugars limits.
Anticipated Cost and Benefits: USDA estimated that the proposed
rule would cost schools between $0.03 and $0.04 per breakfast and lunch
served or between $220 and $274 million annually including both the
School Breakfast Program and National School Lunch Program starting in
School Year 2024-2025. The costs to schools would mainly be due to a
shift in purchasing patterns to products with reduced levels of added
sugars and sodium, administrative costs, and increased labor costs for
continued sodium reduction over time.
Risks: None known at this time.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/07/23 88 FR 8050
NPRM................................ 03/31/23 88 FR 19229
NPRM Comment Period End............. 04/10/23 .......................
NPRM Comment Period Extension....... 05/10/23 .......................
Final Rule.......................... 04/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: Local, State.
Federalism: Undetermined.
Agency Contact: Michael DePiro, Specialist, Department of
Agriculture, Food and Nutrition Service, 1320 Braddock Place,
Alexandria, VA 22314, Phone: 703 305-2876, Email:
[email protected].
Maureen Lydon, Department of Agriculture, Food and Nutrition
Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 457-
7713, Email: [email protected].
Related RIN: Merged with 0584-AE91
RIN: 0584-AE88
USDA--FNS
5. Special Supplemental Nutrition Program for Women, Infants, and
Children (WIC): Implementation of the Access to Baby Formula Act of
2022 and Related Provisions [0584-AE94]
Priority: Other Significant.
Legal Authority: Pub. L. 117-129
CFR Citation: 7 CFR 246.
Legal Deadline: None.
Abstract: This rule would amend 7 CFR 246 to codify the provisions
of the Access to Baby Formula Act of 2022 (ABFA). ABFA amends section
17 of the Child Nutrition Act of 1966 to (1) add requirements to State
agency infant formula cost containment contracts; (2) establish waiver
authority to the Secretary of Agriculture to address certain
emergencies, disasters, and supply chain disruptions impacting WIC; and
(3) require WIC State agencies to develop a plan of alternate operating
procedures, commonly referred to as a disaster plan. FNS would make
other related technical corrections and updates as necessary to
modernize applicable WIC Program regulations. This rule was informed by
lessons learned and feedback received from State and local agencies,
advocacy organizations, and Federal research on the response to recent
disasters, the COVID-19 pandemic, and a major WIC product recall.
Statement of Need: This rule would codify requirements for State
agencies to include language in their WIC infant formula rebate
contracts that describes remedies in the event of an infant formula
recall, including how an infant formula manufacturer would protect
against disruption to program participants in the State (i.e., ensure
that WIC participants can purchase formula using WIC benefits). The
rule would also codify permanent expanded waiver authority to aid
participants in obtaining and redeeming WIC benefits during certain
emergencies, disasters, and supply chain disruptions impacting WIC. The
required plan of alternate operating procedures would ensure WIC State
agencies have plans in place to support the critical need for
continuity of operations in the event of a disruption of WIC services,
including but not limited to emergency periods, supplemental food
recalls, and other supply chain disruptions. Finally, the rule would
make other miscellaneous technical corrections and updates as necessary
to update WIC regulations.
Summary of Legal Basis: The Access to Baby Formula Act of 2022
(ABFA, Pub. L. 117-129) amends section 17 of the Child Nutrition Act of
1966 (Pub. L. 89-642).
Alternatives: No alternatives have been identified at this time.
Anticipated Cost and Benefits: The costs associated with
implementing the rule's regulatory requirements are not expected to
significantly add to current program costs at the State and local
levels.
Risks: No risks have been identified at this time.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule With Comment............. 12/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: Local, State.
Agency Contact: Michael DePiro, Specialist, Department of
Agriculture, Food and Nutrition Service, 1320 Braddock Place,
Alexandria, VA 22314, Phone: 703 305-2876, Email:
[email protected].
Maureen Lydon, Department of Agriculture, Food and Nutrition
Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 457-
7713, Email: [email protected].
RIN: 0584-AE94
USDA--FNS
6. Interim Final Rule--Implementing Provisions From the Consolidated
Appropriations Act, 2023: Establishing the Summer EBT Program and Non-
Congregate Option in the Summer Food Service Program [0584-AE96]
Priority: Section 3(f)(1) Significant. Major status under 5 U.S.C.
801 is undetermined.
Legal Authority: Pub. L. 117-328
CFR Citation: 7 CFR 225.
Legal Deadline: Other, Statutory, December 29, 2023, Interim Final
Rule.
The Consolidated Appropriations Act, 2023 (Pub. L. 117-328)
requires FNS to promulgate regulations to carry out the provisions
under section 502 of the Act no later than 1 year after the date of
enactment. Public Law 117-328 was enacted on December 29, 2022;
therefore, FNS is required to publish an interim final rule by December
29, 2023. However, FNS is aiming for publication by December 15, 2023,
in order to ensure the statutory deadline is met.
Abstract: This interim final rule (IFR) will amend 7 CFR part 225
to codify the flexibility for rural program operators to provide non-
congregate meal service in the Summer Food Service program (SFSP). This
rule will also establish a new 7 CFR part and codify a new Summer
Electronic Benefits Transfer (EBT) for Children Program in this part.
The mandate for these changes is found in section 502 of the
Consolidated Appropriations Act, 2023 (Pub. L. 117-328), which added
new section 13a of the Richard B. Russell Nation School Lunch Act
(NSLA) to allow rural non-congregate meal service in the SFSP and NSLP
Seamless Summer Option (SSO) and created a new section 13a to
[[Page 9310]]
establish a permanent Summer EBT Program.
To gather information in support of this rulemaking, between April-
August 2023, FNS has hosted more than 100 listening sessions and
information meetings to date with State agencies, advocacy groups,
Program operators, and industry partners. These listening sessions
focused primarily, but not exclusively, on the rural non-congregate
meal service option. Additional listening sessions related to Summer
EBT are forthcoming. Since the enactment of The Consolidated
Appropriations Act, 2023, FNS published guidance that serves as the
instructions for state agencies and program operators on how to
implement SFSP and SSO rural non-congregate meal service during summer
2023, including guidance on oversight and monitoring pertaining to non-
congregate operations to assist program operators. In addition, FNS has
published early implementation guidance on Summer EBT for Indian Tribal
Organizations and State agencies.
Statement of Need: The Consolidated Appropriations Act, 2023 (Pub.
L. 117-328) established a permanent Summer EBT Program and authorized a
rural non-congregate meal service option in the Summer Food Service
Program (SFSP), to be promulgated through interim final regulations no
later than 1 year after the date of enactment. Accordingly, this
interim final rulemaking will amend the SFSP regulations in 7 CFR part
225 and create a new 7 CFR section to allow State agencies and program
operators to carry out the statutory provisions of Public Law 117-328.
Implementation of this legislation will expand the reach of FNS' summer
nutrition programs, providing greater access for communities and
families whom the traditional SFSP cannot reliably reach, which in turn
will have a lasting impact on how the nutritional needs of children are
met during the summer months.
Summary of Legal Basis: Richard B. Russell National School Lunch
Act (NSLA) at 42 U.S.C. 1761 and 1762a.
Alternatives: The Agency considered alternatives pertaining to the
non-congregate meal service provisions in the Summer Food Service
Program include the definition of rural, measures to ensure program
integrity, meal service models, and State discretion on implementation
approaches. For Summer EBT, in addition to the policies included in the
interim final rule, the Agency considered alternatives in the areas of
State administration, enrollment, EBT issuance and expungement, and
program operations for Indian Tribal Organizations.
Anticipated Cost and Benefits: Implementing the rule's regulatory
requirements is expected to add to current program costs at the
Federal, State, and local levels, with the majority of costs going
towards the establishment and implementation a permanent Summer EBT
program. The implementation of this legislation is anticipated to
benefit families with children by enabling more such families access to
critical nutrition assistance for their children. FNS anticipates that
29 million children currently receiving free or reduced price meals
will be eligible for Summer EBT annually. Participation in the SFSP
will increase over time by 4.4 million, lifting the number of meals
served to children in the summer by more than 380 million.
Risks: Summer EBT will be the first new FNS nutrition program in
decades and will reach millions of children each summer. Crafting
implementing regulations will be a complex process as FNS will need to
consider and make determinations with regards to a large number of
policy decisions. FNS will also need to engage a wide spectrum of
stakeholders early in this process to gather input on best practices
and effective approaches to implementation. Given the short timeframe
to promulgate this IFR, there is a risk that regulations will not
publish in time.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 12/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Local, State.
Agency Contact: Michael DePiro, Specialist, Department of
Agriculture, Food and Nutrition Service, 1320 Braddock Place,
Alexandria, VA 22314, Phone: 703 305-2876, Email:
[email protected].
Maureen Lydon, Department of Agriculture, Food and Nutrition
Service, 1320 Braddock Place, Alexandria, VA 22314, Phone: 703 457-
7713, Email: [email protected].
RIN: 0584-AE96
USDA--FOOD SAFETY AND INSPECTION SERVICE (FSIS)
Proposed Rule Stage
7. Labeling of Meat and Poultry Products Made Using Animal Cell Culture
Technology [0583-AD89]
Priority: Other Significant.
Legal Authority: 21 U.S.C. 451 et seq.
CFR Citation: 9 CFR ch. III.
Legal Deadline: None.
Abstract: The Food Safety and Inspection Service (FSIS) is
proposing to establish new requirements for the labeling of meat or
poultry products made using animal cell-culture technology.
Statement of Need: Many companies, both domestic and foreign, are
currently developing cultured products derived from the cells of food
animals amenable to the Federal Meat Inspection Act (FMIA; 21 U.S.C.
601 et seq.) (cattle, sheep, swine, goats, and fish of the order
Siluriformes, e.g., catfish) or the Poultry Products Inspection Act
(PPIA; 21 U.S.C. 451 et seq.) (chickens, turkeys, ducks, geese,
guineas, ratites, and squabs). Human food products derived from these
species fall under FSIS jurisdiction.
Based on FSIS' review of comments on the Advanced Notice of
Proposed Rulemaking, the available literature, and the Agency's ongoing
interactions with the U.S. Food and Drug Administration (FDA) and
industry, FSIS has determined that new regulatory requirements for
labeling are necessary to ensure that cell-cultured meat and poultry
products are truthfully and accurately labeled. Due to the novel method
of production utilized to produce these products, the biological,
chemical, nutritional, or organoleptic properties of some cell-cultured
products may substantively differ from conventionally produced meat and
poultry in a manner that is relevant to consumers. Moreover, these meat
and poultry products, unlike any others on the U.S. market, are not
derived from slaughter. It is imperative, therefore, that such products
display unique labeling terminology that enables consumers to
accurately identify the nature and source of such products.
Summary of Legal Basis: The Federal Meat Inspection Act (FMIA; 21
U.S.C. 601 et seq.) and the Poultry Products Inspection Act (PPIA; 21
U.S.C. 451 et seq.) require that meat and poultry products be
truthfully and accurately labeled and that their labels be pre-approved
by FSIS (21 U.S.C. 607(d) and 457(c), respectively), prior to movement
in commerce. FSIS issues labeling regulations and reviews and approves
[[Page 9311]]
meat and poultry product labels pursuant to these statutory labeling
requirements. Food products made using animal cell culture technology
and derived from the cells of livestock subject to the FMIA or the PPIA
are subject to the labeling (and other applicable) requirements of
these Acts and the regulations issued thereunder.
Alternatives: In addition to the option proposed, the Agency would
consider alternatives for the requirements for labeling of meat or
poultry products made using animal cell culture technology.
Anticipated Cost and Benefits: This proposed rule would benefit the
public by providing truthful and accurate labeling of meat and poultry
products produced using animal cell-culture technology. Consumers would
be able to clearly differentiate cell-cultured products from other meat
and poultry products to make better informed choices. The proposed rule
would benefit industry because all producers would have consistent
labels for their products made using animal cell-culture technology. It
would also allow producers to design their labels with more certainty
because producers would already be aware of FSIS labeling requirements
for these products, reducing potential label modification costs.
FSIS expects its costs to be minimal and that current FSIS staffing
would meet sketch approval needs.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 09/03/21 86 FR 49491
ANPRM Comment Period End............ 12/02/21 .......................
NPRM................................ 05/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Melissa Hammar, Director, Regulations Development
Staff, Department of Agriculture, Food Safety and Inspection Service,
1400 Independence Avenue SW, Washington, DC 20250-3700, Phone: 202 286-
2255, Email: [email protected].
RIN: 0583-AD89
USDA--FSIS
8. Salmonella Framework [0583-AD96]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: 21 U.S.C. 451 et seq.
CFR Citation: 9 CFR 381.65.
Legal Deadline: None.
Abstract: FSIS is proposing a new regulatory framework targeted at
reducing Salmonella illnesses associated with poultry products. First,
FSIS is proposing final product standards that would define whether
certain raw poultry products contaminated with certain Salmonella
levels and serotypes are adulterated and thus prohibited from entering
commerce. FSIS is also proposing to revise the regulations that require
that all poultry slaughter establishments develop, implement, and
maintain written procedures to prevent contamination by enteric
pathogens throughout the entire slaughter and dressing operation, by
establishing new requirements pertaining to how establishments monitor
and document whether their processes for preventing microbial
contamination are in control. The proposal also focuses on a non-
regulatory approach for controlling Salmonella on incoming flocks.
Statement of Need: While the results of FSIS' Salmonella
verification sampling show that the Agency's current prevalence-based
performance standards approach has been effective in reducing the
proportion of poultry products contaminated with Salmonella, these
measures have not had an observable impact on human illness rates,
estimated to be over 1 million annual Salmonella illnesses from all
sources. Poultry is the leading source of Salmonella foodborne illness
acquired domestically in the United States. Therefore, in October 2021,
FSIS announced that it was mobilizing a stronger, and more
comprehensive effort to reduce Salmonella illnesses associated with
poultry products. As part of this effort, FSIS initiated several
activities designed to gather data and information to inform and
support future actions related to this new effort. FSIS also held a
public meeting in November 2022 to solicit stakeholder input on a draft
regulatory framework that the Agency was considering for a new strategy
to control Salmonella in poultry products and provided an opportunity
for stakeholders to submit written comments. After carefully evaluating
the written comments and other stakeholder input, along with studies
and information that have become available after FSIS made the
framework under consideration available to the public, FSIS is
proposing a new regulatory framework targeted at reducing Salmonella
illnesses associated with poultry products.
Summary of Legal Basis: FSIS regulates the production of poultry
prepared for distribution in interstate commerce under the authority of
the Poultry Products Inspection Act (PPIA) (21 U.S.C. 451 et seq.). 21
U.S.C. 455(b) provides that the Secretary shall cause to be made by
inspector's post-mortem inspection of the carcass of each bird
processed, and at any time reinspection as he deems necessary of
poultry and poultry products capable of use as human food. 21 U.S.C.
455(c) requires that all poultry carcasses and other poultry products
found to be adulterated be condemned. Under the PPIA, a poultry product
is adulterated, among other circumstances, if it bears or contains any
poisonous or deleterious substance that may render it injurious to
health; it is unhealthful, unwholesome, or otherwise unfit for human
consumption; or it was prepared, packaged, or held under unsanitary
conditions whereby it may have been rendered injurious to health (21
U.S.C. 453(g)(1), (3), and (4)). Finally, 21 U.S.C. 463(b) provides
that the Secretary shall promulgate such other rules and regulations as
are necessary to carry out the provisions of the PPIA.
Alternatives: In addition to the proposed option, FSIS considered
an alternative that would keep the current Salmonella performance
standards. The Agency also considered alternatives for various
Salmonella levels and serotypes for the proposed final product
standards.
Anticipated Cost and Benefits: FSIS estimates this proposal would
benefit society by preventing Salmonella illnesses associated with
poultry products. The proposal is also estimated to benefit industry by
reducing the risk of illness outbreak-related recalls. The main cost
associated with this proposal is the cost to industry associated with
maintaining control of products sampled by FSIS for adulterants pending
test results.
Risks: FSIS estimates this proposal would benefit society by
preventing Salmonella illnesses associated with poultry products. The
proposal is also estimated to benefit industry by reducing the risk of
out-break- related recalls. The main cost associated with this proposal
is the cost to industry associated with maintaining control of products
sampled by FSIS for adulterants pending test results.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/00/24 .......................
------------------------------------------------------------------------
[[Page 9312]]
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Agency Contact: Melissa Hammar, Director, Regulations Development
Staff, Department of Agriculture, Food Safety and Inspection Service,
1400 Independence Avenue SW, Washington, DC 20250-3700, Phone: 202 286-
2255, Email: [email protected].
RIN: 0583-AD96
USDA--FSIS
Final Rule Stage
9. Revision of the Nutrition Facts Labels for Meat and Poultry Products
and Updating Certain Reference Amounts Customarily Consumed [0583-AD56]
Priority: Other Significant.
Legal Authority: 21 U.S.C. 601 et seq.; 21 U.S.C. 451 et seq.
CFR Citation: 9 CFR 317; 9 CFR 381; 9 CFR 413.
Legal Deadline: None.
Abstract: Consistent with the changes that the Food and Drug
Administration (FDA) finalized, the Food Safety and Inspection Service
(FSIS) is amending the Federal meat and poultry products inspection
regulations to update and revise the nutrition labeling requirements
for meat and poultry products to reflect recent scientific research and
dietary recommendations and to improve the presentation of nutrition
information to assist consumers in maintaining healthy dietary
practices.
Statement of Need: On May 27, 2016, the Food and Drug
Administration (FDA) published two final rules: (1) ``Food Labeling:
Revision of the Nutrition and Supplement Facts Labels'' (81 FR 33742);
and (2) ``Food Labeling: Serving Sizes of Foods that Can Reasonably be
Consumed at One Eating Occasion; Dual-Column Labeling; Updating,
Modifying, and Establishing Certain Reference Amounts Customarily
Consumed; Serving Size for Breath Mints; and Technical Amendments'' (81
FR 34000). FDA finalized these rules to update the Nutrition Facts
label to reflect new nutrition and public health research, to reflect
recent dietary recommendations from expert groups, and to improve the
presentation of nutrition information to help consumers make more
informed choices and maintain healthy dietary practices. FSIS has
reviewed FDA's analysis and, to ensure that nutrition information is
presented consistently across the food supply, FSIS is amending the
nutrition labeling regulations for meat and poultry products to
parallel, to the extent possible, FDA's regulations. This approach will
help increase clarity of information for consumers and will improve
efficiency in the marketplace.
Summary of Legal Basis: Under the Federal Meat Inspection Act
(FMIA) (21 U.S.C. 601-695, at 607), the Poultry Products Inspection Act
(PPIA) (21 U.S.C. 451-470, at 457), and the Egg Products Inspection Act
(21 U.S.C. 1031-1056, at 1036) (the Acts), the labels of meat, poultry,
and egg products must be approved by the Secretary of Agriculture, who
has delegated this authority to FSIS, before these products can enter
commerce. The Acts prohibit the sale or offer for sale by any person,
firm, or corporation of any article in commerce under any name or other
marking or labeling that is false or misleading or in any container of
a misleading form or size (21 U.S.C. 607(d); 21 U.S.C. 457(c)). The
Acts also prohibit the distribution in commerce of meat or poultry
products that are adulterated or misbranded. The FMIA and PPIA give
FSIS broad authority to promulgate such rules and regulations as are
necessary to carry out the provisions of the Acts (21 U.S.C. 621 and
463(b)).
To prevent meat and poultry products from being misbranded, the
meat and poultry product inspection regulations require that the labels
of meat and poultry products include specific information, such as
nutrition labels, and that such information be displayed as prescribed
in the regulations (9 CFR parts 317 and 381). The nutrition labeling
requirements for meat and meat food products are in 9 CFR 317.300-
317.400, and the nutrition labeling requirements for poultry products
are in 9 CFR 381.400-381.500.
Alternatives: FSIS considered three alternatives for the final
rule: (1) No action; (2) A 24-month compliance period for large
businesses and a 36-month compliance period for small businesses (as
proposed); or (3) A 12-month compliance period for large businesses and
a 24-month compliance period for small businesses for faster label
harmonization.
Anticipated Cost and Benefits: These regulations are expected to
benefit consumers by increasing and improving dietary information
available in the market. Firms will incur a one-time cost for
relabeling, recordkeeping costs, and costs associated with voluntary
reformulation. Many firms have voluntarily begun using the FDA format,
which will reduce costs.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/19/17 82 FR 6732
NPRM Comment Period End............. 04/19/17 .......................
Final Action........................ 04/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Melissa Hammar, Director, Regulations Development
Staff, Department of Agriculture, Food Safety and Inspection Service,
1400 Independence Avenue SW, Washington, DC 20250-3700, Phone: 202 286-
2255, Email: [email protected].
RIN: 0583-AD56
USDA--FSIS
10. Voluntary Labeling of FSIS-Regulated Products With U.S. Origin
Claims [0583-AD87]
Priority: Other Significant.
Legal Authority: 21 U.S.C. 601 et seq.; 21 U.S.C. 451 et seq.; 21
U.S.C. 1031 et seq.; 7 U.S.C. 1622 and 1624
CFR Citation: 9 CFR 412.3.
Legal Deadline: None.
Abstract: The Food Safety and Inspection Service (FSIS) is amending
its regulations to define the conditions under which the labeling of
meat, poultry, and egg products, as well as voluntarily-inspected
products, can bear voluntary statements indicating that the product is
of United States (U.S.) origin.
Statement of Need: FSIS conducted a comprehensive review of the
Agency's current voluntary Product of USA labeling policy to help
determine what the Product of USA label claim means to consumers of
FSIS-regulated products in the U.S. marketplace. FSIS started this
review after receiving several petitions stating that the voluntary
label claim Product of USA is confusing to consumers. FSIS' review of
the policy included a consumer survey on Product of USA labeling on
beef and pork products. Based on the consumer survey results, reviews
of consumer research, and comments received on the petitions, FSIS is
revising its regulations to reduce consumer confusion surrounding
current voluntary U.S.-origin labeling policy.
Summary of Legal Basis: Under the Federal Meat Inspection Act
(FMIA) (21 U.S.C. 601-695, at 607), the Poultry Products Inspection Act
(PPIA) (21 U.S.C. 451-470, at 457), and the Egg Products Inspection Act
(21 U.S.C. 1031-1056, at 1036), the labels of meat, poultry, and egg
products must be approved by the Secretary of
[[Page 9313]]
Agriculture, who has delegated this authority to FSIS, before these
products can enter commerce. FSIS also provides voluntary reimbursable
inspection services, including label approval, under the Agricultural
Marketing Act (AMA) (7 U.S.C. 1622 and 1624) for eligible products not
requiring mandatory inspection under the FMIA, PPIA, and EPIA. Under
the mandates of the FMIA, PPIA, and EPIA, any meat, poultry, or egg
product is misbranded if its labeling is false or misleading in any
particular (21 U.S.C. 601(n)(1); 21 U.S.C. 453(h)(1); 21 U.S.C.
1036(b)). FSIS has similar authority under the AMA concerning labels of
products receiving voluntary inspection services (7 U.S.C. 1622(h)(1)).
Alternatives: In addition to the option proposed, the Agency
considered the following alternatives: (1) Keeping the current
regulatory requirements for U.S.-origin product labeling and taking no
proposed regulatory action; and (2) Taking the proposed regulatory
action but extending the compliance period for the regulatory changes
after publication of the final rule.
Anticipated Cost and Benefits: Establishments may incur costs
associated with voluntarily changing their labels as a result of any
revised regulatory requirements. The finale rule is expected to result
in quantified industry relabeling, recordkeeping, and market testing
costs, which combined are estimated to cost approximately $3 million,
annualized at a 7 percent discount rate over 10 years. The changes will
benefit consumers by matching the voluntary Product of USA and Made in
the USA label claims with the definition that consumers' likely
expected, i.e., as product being derived from animals born, raised,
slaughtered, and processed in the United States. The final rule will
reduce false or misleading U.S. origin labeling and will reduce the
market failures associated with incorrect and imperfect information.
Risks: N/A.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/13/23 88 FR 15290
NPRM Comment Period End............. 06/11/23 .......................
Final Action........................ 03/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Melissa Hammar, Director, Regulations Development
Staff, Department of Agriculture, Food Safety and Inspection Service,
1400 Independence Avenue SW, Washington, DC 20250-3700, Phone: 202 286-
2255, Email: [email protected].
RIN: 0583-AD87
USDA--FOREST SERVICE (FS)
Proposed Rule Stage
11. Update and Clarification of the Locatable Minerals Regulations
[0596-AD32]
Priority: Other Significant.
Legal Authority: 30 U.S.C. 612
CFR Citation: 36 CFR 228 (A).
Legal Deadline: None.
Abstract: The Forest Service proposes the revision of its locatable
mineral regulations to better reflect the needs of our national
defense, economic prosperity, and environmental stewardship. The agency
has identified many challenges in the current regulations, and revising
the regulations to address these would allow the Forest Service to
better implement its mining regulations. Specifically, the Forest
Service is considering in this proposed rule to (1) better meet the
purpose of the rule, which is to minimize, to the fullest extent
practicable, adverse impacts to surface resources which may result from
locatable mineral operations; (2) increase efficiency and transparency
in the review process for proposed mineral operations; and (3) increase
consistency with the Department of the Interior, Bureau of Land
Management (BLM) surface management regulations. This rule will meet
the Administration's goals of improving environmental stewardship while
also providing more timely response, especially to proposed critical
minerals operations.
Statement of Need: The Forest Service proposes the amendment of its
locatable mineral regulations to better reflect the needs of both the
Forest Service and mining industry. Despite major changes in the mining
industry and many lessons learned through administering minerals
activity on National Forest System (NFS) lands, the Forest Service
locatable mineral regulations at 36 CFR 228 subpart A (228A) have
remained largely unchanged since first published in 1974. Moreover,
specific recommendations to revise and update the 228A regulations have
been made in two prominent external reports: the 1999 National Research
Council publication Hard Rock Mining on Federal Lands and the 2016
Government Accountability Office report Hardrock Mining: BLM and Forest
Service Have Taken Some Actions to Expedite the Mine Plan Review
Process but Could Do More (GAO-16-165). By addressing recent issues and
remedying existing weakness in current regulations that have been
identified, the Forest Service would be consistent with the Biden-
Harris Administration Fundamental Principles for Domestic Mining Reform
by establishing strong responsible mining standards, increasing
efficiency in permitting times, and improving environmental, social,
and economic outcomes.
Summary of Legal Basis: The Mining Law of 1872, as amended, confers
a statutory right to enter upon certain National Forest System lands to
search for locatable minerals. The Organic Act of 1897 authorized the
Forest Service to make rules to regulate occupancy and use of the land
and preserve the forests from destruction. The Forest Service's
existing regulations for administering locatable minerals activity on
National Forest System (NFS) lands are found at 36 CFR part 228 subpart
A. These rules govern prospecting, exploration, development, mining,
and processing operations conducted on National Forest System lands.
Under these rules, the Forest Service requires operators proposing to
conduct locatable mineral activity which would likely cause significant
disturbance of surface resources to obtain prior approval file a plan
of operations.
Alternatives: Proposed Action: Publish a proposed rule and seek
public comment on updates to 228A that will significantly improve and
clarify requirements related to processing plans of operation,
reclamation, and operator financial assurance in the event of default.
These changes would support the following Administration priorities:
Provide Permitting Certainty: The proposed rule will
modernize Forest Service administration of surface use and occupancy of
NFS lands for locatable mining operations, provide additional clarity
for operators subject to these regulations, continue to minimize
adverse impacts to surface resources on NFS lands, and increase
alignment with BLM's mining law regulations which will facilitate
coordination for projects that span both agency jurisdictions.
Increased detail and clarity in agency regulations will reduce the need
for time consuming, back-and-forth information requests to obtain a
complete operating plan from proponents.
Climate: The proposed rule requires more detail in
operating plan submittals to put greater emphasis on up-front planning
and subsequent operational monitoring of mining activity to address
potential environmental and public safety impacts of more frequent
extreme weather events, and decrease the
[[Page 9314]]
likelihood of catastrophic events, such as tailings impoundment
failures.
Critical Minerals and American Supply Chains: The demand
for minerals produced from federal lands is expected to increase to
address green energy and carbon-neutral goals. Many critical minerals
are only economic to recover when combined with the recovery of a host
mineral. The proposed rule clarifies many aspects of administering
locatable mining activity on NFS land which is expected to increase
agency efficiency, reduce processing time, and facilitate sustainable
exploration and development of all locatable mineral deposits,
including those containing critical minerals.
Meaningful Consultation with Tribal Nations: The proposed
rule's detailed requirements for operating plan submittals will enhance
consultation with Tribal Nations through the availability of more
information earlier in the process to better assess potential impacts
to sacred sites and treaty rights.
Conserving Lands and Waters (30 by 30): The proposed rule
expands surface resource protection requirements, agency enforcement
options, and financial guarantee provisions to minimize the impact of
hardrock mining activity to NFS land and water and will reduce the risk
and consequences of legacy pollution.
Economy: Hardrock exploration and mining activity
generates jobs in many rural communities adjacent to NFS lands. Mining
companies pay income and many other taxes to federal and state
governments. For every job at a mine, there's another job in the
regional economy that exists because of the mining operation. The
locatable mining industry in 2018 supported more than 7,800 direct and
indirect jobs. Through more efficient administration of hardrock
activity, the Forest Service can better implement federal policy to
foster and encourage private enterprise in the sustainable development
of domestic resources which would benefit local economies as well as
decrease vulnerability to national supply chains.
No Action: A no action alternative would leave the regulations
unchanged, thus maintaining the status-quo.
Anticipated Cost and Benefits: Anticipated costs include increased
costs to industry in providing more detail in submitting plans of
operation. However, a substantial cost savings for the Forest Service
is expected from more modern and efficient agency review and approval
of plans of operations.
Anticipated benefits of the updates to 228A would stem from more
modern and efficient agency review and approval of plans of operations.
The benefits to industry derive from timelier development of, access
to, and use of locatable minerals on National Forest System lands.
Expedited access and development of locatable mineral resources is
expected to result in an increase in the time value of revenues
generated by locatable operations. A potential benefit to the public of
facilitating access to National Forest System lands is the increased
opportunity to develop domestic sources of strategic and critical
minerals which would decrease vulnerability to American supply chains.
Most importantly, benefits to the public from the proposed rule are the
continued protection, and in some cases, increased assurance about
protection of ecosystems and corresponding goods and services from the
potential damages of locatable mining activities.
Risks: Not applicable.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 09/13/18 83 FR 46451
ANPRM Comment Period End............ 10/15/18 .......................
NPRM................................ 08/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Federal.
Agency Contact: Nathan Morris, Department of Agriculture, Forest
Service, 1400 Independence Avenue SW, Washington, DC 20250, Phone: 202
205-0833, Email: [email protected].
RIN: 0596-AD32
USDA--RURAL BUSINESS--COOPERATIVE SERVICE (RBS)
Proposed Rule Stage
12. Higher Blends Infrastructure Incentive Program [0570-AB11]
Priority: Section 3(f)(1) Significant. Major status under 5 U.S.C.
801 is undetermined.
Legal Authority: 5 U.S.C. 301; 7 U.S.C. 1989
CFR Citation: Not Yet Determined.
Legal Deadline: None.
Abstract: The Higher Blends Infrastructure Program (HBIIP) is a
program designed to increase the sales and use of higher blends of
ethanol and biodiesel by expanding the infrastructure for renewable
fuels derived from U.S. agricultural products. The program is also
intended to encourage a more comprehensive approach to market higher
blends by sharing the costs related to building out biofuel-related
infrastructure. The program should increase availability of domestic
biofuels and give Americans additional cleaner fuel options at the
pump.
RBCS is proposing a rule to codify the policies and procedures for
the program in the Code of Federal Regulations, as this program has a
significant impact on climate change which is an administration
priority. The proposed rule is intended to seek comment on codification
of existing authorities provided through statutory language on
eligibility requirements, types and terms of funding, program
requirements and processing procedures.
RBCS intends to conduct public engagement to hear from stakeholders
and potential applicants about what they would like to see in the
regulation as well as what has worked and what has not worked in the
past. This program has been implemented for multiple years, so the
public should have some input on what has worked and what has not in
the past. RBCS is looking for suggestions and input both from those who
have applied in the past and those that did not, why they opted not to
and if the program could do anything to encourage new applicants.
Targeted primary stakeholders include owners of fueling station
owners, convenience store, and fleets, including auto, truck, rail and
marine, and their industry associations. Secondary stakeholders include
equipment manufacturers, distributors, and installers; State Energy
Offices and State Departments of Agriculture; biofuel producers and
farmers/agricultural producers and their industry associations; EPA,
DOT, DOE, and other Federal agencies; and other stakeholders and groups
with related interests such as environmental and health.
Statement of Need: The purpose HBIIP is to increase significantly
the sales and use of higher blends of ethanol and bio diesel by
expanding the infrastructure for renewable fuels derived from U.S.
agricultural products. The program is also intended to encourage a more
comprehensive approach to market higher blends by sharing the costs
related to building out biofuel-related infrastructure. Currently, the
Rural Business-Cooperative Service (RBCS) implements the program
through a Notice of Funding Opportunity. This program was initially
implemented in fiscal year 2020 through a Notice of Funding Opportunity
and under the Commodity Credit Corporation (CCC) authority. In fiscal
[[Page 9315]]
year 2023 this was included in IRA and under RBCS authority and a
Notice of Funding Opportunity was yet again issued. RBCS is proposing a
rule to codify the policies and procedures for the program in the Code
of Federal Regulations as this program has a significant impact on
climate change which is an administration priority.
Summary of Legal Basis: This regulatory action is not required by
statute or court order; however, the underlying statutes authorizing
RBCS to create these regulations are 5 U.S.C. 301 and 7 U.S.C. 1989.
Alternatives: The alternative to rulemaking is to continue to
operate the program through issuance of a Notice of Funding Opportunity
to announce application windows and applicable requirements for the
program.
Anticipated Cost and Benefits: The Agency does not expect the new
regulation to result in additional costs to applicants or the
government.
Risks: At this time, the Agency has not completed risk analysis for
this action.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Proposed Rule....................... 06/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Agency Contact: Jeffrey Carpenter, HBIIP Program Manager,
Department of Agriculture, Rural Business-Cooperative Service, 1400
Independence Avenue SW, Washington, DC 20250, Phone: 402 437-5554,
Email: [email protected].
RIN: 0570-AB11
BILLING CODE 3410-90-P
DEPARTMENT OF COMMERCE
Statement of Regulatory Priorities
Established in 1903, the Department of Commerce (Commerce or
Department) is one of the oldest Cabinet-level agencies in the Federal
Government. Commerce's mission is to create the conditions for economic
growth and opportunity across all American communities by promoting
innovation, entrepreneurship, competitiveness, and environmental
stewardship. Commerce has 12 operating units, which manage a diverse
portfolio of programs and services ranging from trade promotion and
economic development assistance to improved broadband access and the
National Weather Service, and from standards development and
statistical data production, including the decennial census, to patents
and fisheries management. Across these varied activities, the
Department seeks to provide a foundation for a more equitable,
resilient, and globally competitive economy.
To fulfill its mission, Commerce works in partnership with
businesses, educational institutions, community organizations,
government agencies, and individuals to:
Innovate by supporting the creation of new ideas through
cutting-edge science and technology, from advances in nanotechnology to
ocean exploration to broadband deployment, and by protecting American
innovations through the patent and trademark system;
Support entrepreneurship and commercialization by enabling
community development and strengthening opportunities for minority and
other underserved businesses and small businesses;
Maintain U.S. economic competitiveness in the global
marketplace by promoting exports and foreign direct investment,
ensuring a level playing field for U.S. businesses, and ensuring that
technology transfer is consistent with our nation's economic and
security interests;
Provide effective management and stewardship of our
nation's resources and assets to ensure sustainable economic
opportunities; and
Make informed policy decisions and enable better
understanding of the economy and our communities by providing timely,
accessible, and accurate economic and demographic data.
Commerce's Regulatory Plan tracks the most important regulations
that the Department anticipates issuing to implement these policy and
program priorities and foster sustainable and equitable growth. Of
Commerce's 12 primary operating units, three bureaus--the National
Oceanic and Atmospheric Administration (NOAA), the United States Patent
and Trademark Office (USPTO), and the Bureau of Industry and Security
(BIS)--issue the vast majority of the Department's regulations, and
these three bureaus account for all the planned actions that are
considered the Department's highest priority pre-regulatory or
regulatory actions for FY 2024.
Consistent with Executive Order 14094, moreover, the Department and
its bureaus routinely seek to inform their rulemaking with meaningful
opportunities for public input. The efforts of NOAA, USPTO, and BIS to
promote public engagement are discussed in their respective sections,
below.
National Oceanic and Atmospheric Administration
NOAA's mission is built on three pillars: science, service, and
stewardship--to understand and predict changes in climate, weather,
oceans, and coasts; to share that knowledge and information with
others; and to conserve and manage coastal and marine ecosystems and
resources.
At its core, NOAA is a scientific agency. It observes, measures,
monitors, and collects data from the depths of the ocean to the surface
of the sun, and it does so following principles of scientific
integrity. These data are turned into weather and climate models and
forecasts that are then used for everything from local weather
forecasts to predicting the movement of wildfire smoke to identifying
the impacts of climate change on fisheries and living marine resources.
With respect to service, NOAA not only collects data but seeks to
make it operational. By providing Federal, State, local, Tribal
government partners, the private sector, and the public with actionable
environmental information, NOAA can facilitate decision-making in the
face of climate change. Such decisions can range from businesses
planning the location of offices; insurance companies trying to
incorporate climate risk into their insurance policies; and
municipalities looking to ensure that plans for construction of new
housing developments will be resilient to the effects of climate
change.
The final pillar of NOAA's mission is stewardship. NOAA seeks to
conserve our lands, waters, and natural resources, protecting people
and the environment now and for future generations. As part of
Commerce, moreover, NOAA recognizes that economic growth must go hand-
in-hand with environmental stewardship. For example, the nation's
fisheries enhance the nation's productivity and long-term economic
growth while ensuring sustainability. Similarly, national marine
sanctuaries both protect important natural resources and are
significant drivers of eco-tourism and local recreation.
Within NOAA, the National Marine Fisheries Services (NMFS) and the
National Ocean Service (NOS) are the components that most often
exercise regulatory authority to implement NOAA's mission. NMFS
oversees the management and conservation of the nation's marine
fisheries; protects marine mammals and Endangered
[[Page 9316]]
Species Act (ESA)-listed marine and anadromous species; and promotes
economic development of the U.S. fishing industry. NOS assists the
coastal states in their management of land and ocean resources in their
coastal zones, including estuarine research reserves; manages national
marine sanctuaries; monitors marine pollution; and directs the national
program for deep-seabed minerals and ocean thermal energy.
Many of NOAA's rulemakings are issued pursuant to the following key
statutes:
Magnuson-Stevens Fishery Conservation and Management Act
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) rulemakings concern the conservation and management of
fishery resources in the U.S. Exclusive Economic Zone (generally 3-200
nautical miles from shore). As itemized in the Unified Agenda, NOAA
plans to take several hundred actions in FY 2024 under Magnuson-Stevens
Act authority. With certain exceptions, rulemakings under the Magnuson-
Stevens Act are usually initiated by the actions of eight regional
Fishery Management Councils (Councils). The Magnuson-Stevens Act
provides a robust public process for managing our nation's fisheries
through the work of the Councils. Throughout the Council process, there
is significant opportunity for public engagement, including
participating on advisory panels, providing testimony at public
hearings, and commenting on Council actions. These Councils are
comprised of representatives from the commercial and recreational
fishing sectors, environmental groups, academia, and Federal and State
government, and they are responsible for preparing fishery management
plans (FMPs) and FMP amendments, and for recommending implementing
regulations for each managed fishery. This unique management system
gives fishery managers the flexibility to use local level input to
develop management strategies appropriate for each region's unique
fisheries, challenges, and opportunities. FMPs address a variety of
issues, including maximizing fishing opportunities on healthy stocks,
rebuilding overfished stocks, and addressing gear conflicts. After
considering the Councils' recommendations in light of the standards and
requirements set forth in the Magnuson-Stevens Act and in other
applicable laws, NOAA may issue regulations to implement the proposed
FMPs and FMP amendments.
Marine Mammal Protection Act
The Marine Mammal Protection Act of 1972 (MMPA) provides authority
for the conservation and management of marine mammals under U.S.
jurisdiction. It expressly prohibits, with certain exceptions, the
intentional take of marine mammals. The MMPA allows, upon request and
subsequent authorization, the incidental take of marine mammals by U.S.
citizens who engage in a specified activity (e.g., oil and gas
development, pile driving) within a specified geographic region. NMFS
authorizes incidental take under the MMPA if it finds that the taking
would be of small numbers, have no more than a ``negligible impact'' on
those marine mammal species or stock, and would not have an
``unmitigable adverse impact'' on the availability of the species or
stock for ``subsistence'' uses. NMFS also initiates rulemakings under
the MMPA to establish a management regime to reduce marine mammal
mortalities and injuries as a result of interactions with fisheries. In
addition, the MMPA allows NMFS to permit the take or import of wild
animals for scientific research or public display or to enhance the
survival of a species or stock.
Endangered Species Act
The Endangered Species Act of 1973 (ESA) provides for the
conservation of species that are determined to be ``endangered'' or
``threatened,'' and the conservation of the ecosystems on which these
species depend. NMFS and the Department of Interior's Fish and Wildlife
Service (FWS) jointly administer the provisions of the ESA: NMFS
manages marine and several anadromous species, and FWS manages land and
freshwater species. Together, NMFS and FWS work to protect critically
imperiled species from extinction. NMFS rulemaking actions under the
ESA are focused on determining whether any species under its
responsibility is an endangered or threatened species and whether those
species must be added to the list of protected species. NMFS is also
responsible for designating, reviewing and revising critical habitat
for any listed species. In addition, as indicated in the list of
highlighted actions below, NMFS and FWS may also issue rules clarifying
how particular provisions of the ESA will be implemented.
The National Marine Sanctuaries Act
The National Marine Sanctuaries Act (NMSA) authorizes the Secretary
of Commerce to designate and protect as national marine sanctuaries
areas of the marine environment with special national significance due
to their conservation, recreational, ecological, historical,
scientific, cultural, archeological, educational, or aesthetic
qualities. The primary objective of the NMSA is to protect marine
resources, such as coral reefs, sunken historical vessels, or unique
habitats.
NOAA's Office of National Marine Sanctuaries (ONMS), within NOS,
has responsibility for management of national marine sanctuaries. ONMS
regulations, issued pursuant to NMSA, prohibit specific kinds of
activities, describe and define the boundaries of the designated
national marine sanctuaries, and set up a system of permits to allow
the conduct of certain types of activities that would otherwise not be
allowed.
These regulations can, among other things, regulate and restrict
activities that may injure natural resources, including all extractive
and destructive activities, consistent with community-specific needs
and NMSA's purpose to ``facilitate to the extent compatible with the
primary objective of resource protection, all public and private uses
of the resources of these marine areas.'' In FY 2024, NOAA is expected
to have at least three regulatory actions under NMSA.
Coastal Zone Management Act
The Coastal Zone Management Act (CZMA) was passed in 1972 to
preserve, protect, and develop and, where possible, to restore and
enhance the resources of the nation's coastal zone. The CZMA creates a
voluntary state-federal partnership, where coastal states (States in,
or bordering on, the Atlantic, Pacific or Arctic Ocean, the Gulf of
Mexico, Long Island Sound, or one or more of the Great Lakes), may
elect to develop comprehensive programs that meet federal approval
standards. Currently, 34 of the 35 eligible entities are implementing a
federally approved coastal management plan approved by the Secretary of
Commerce.
NOAA's Regulatory Plan Actions
Of the numerous regulatory actions that NOAA is planning for this
year, of which approximately 21 are expected to be determined to be
significant rulemaking under E.O. 12866, there are four, described
below, that the Department considers to be of particular importance.
1. Illegal, Unreported, and Unregulated Fishing; Fisheries
Enforcement; High Seas Driftnet Fishing Moratorium Protection Act
(0648-BG11): This proposed rule makes conforming amendments to
regulations
[[Page 9317]]
implementing various statutes amended by the Illegal, Unreported and
Unregulated Fishing Enforcement Act of 2015. The Act provides the
authority to implement two new international agreements under the
Antigua Convention and the United Nations Food and Agriculture
Organization Agreement on Port State Measures to Prevent, Deter, and
Eliminate Illegal, Unreported and Unregulated Fishing (Port State
Measures Agreement, or PMSA) The PMSA is aimed at combating illegal,
unreported and unregulated (IUU) fishing activities through increased
port inspection of foreign fishing vessels and thereby closing seafood
markets to IUU fish and fish products. This proposed rule would require
the collection of certain information from foreign fishing vessels
requesting permission to use U.S. ports. It will also include
procedures to designate and publicize the ports to which foreign
fishing vessels may seek entry and procedures for conducting
inspections of these foreign vessels accessing U.S. ports. In addition,
this proposed rule will identify and certify nations for IUU fishing
and other adverse fishing activities, bycatch of protected living
marine resources, and shark catch under the authority of the High Seas
Driftnet Fishing Moratorium Protection Act that need to be updated in
light of amendments made by the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023.
2. Amendments to the North Atlantic Right Whale Vessel Strike
Reduction Rule (0648-BI88): This final rule makes changes to existing
vessel speed regulations in an effort to further reduce the likelihood
of mortalities and serious injuries to endangered North Atlantic right
whales from vessel collisions and prevent the species' extinction.
Vessel collisions are a leading cause of the species' decline and
contributor to the ongoing Unusual Mortality Event (2017-present). The
North Atlantic right whale (Eubalaena glacialis) was severely depleted
by commercial whaling and, despite protection from commercial harvest
since 1935, has not recovered. Following two decades of growth between
1990 and 2010, the species has been in decline over the past decade
with a best population estimate of fewer than 350 individuals.
3. Endangered and Threatened Wildlife and Plants; Regulations for
Listing Species and Designating Critical Habitat (0648-BK47): The
Secretaries of Interior and Commerce share responsibility for
implementing most of the provisions of the Endangered Species Act
(ESA). Together, the Department of Interior's Fish and Wildlife Service
and the Department of Commerce's National Marine Fisheries Services
(collectively, the Services) have promulgated regulations that
implement aspects of the listing and critical habitat designation
provisions of section 4 of the ESA. Pursuant to the January 20, 2021
Executive Order on Protecting Public Health and the Environment and
Restoring Science to Tackle the Climate Crisis (E.O. 13990), the
Services initiated a review of a 2019 rule that revised the regulations
for adding and removing species from the Lists of Endangered and
Threatened Wildlife and Plants and clarified procedures for designating
critical habitat. Following the review, the Services issued a proposed
rule and now seek to finalize a rule that revises the regulations to
clarify, interpret, and implement portions of the Act concerning the
procedures and criteria used for listing, reclassifying, and delisting
species on the Lists of Endangered and Threatened Wildlife and Plants
and designating critical habitat.
4. Endangered and Threatened Wildlife and Plants; Revision of
Regulations for Interagency Cooperation (0648-BK48): Pursuant to E.O.
13990, the Services also initiated a review of a 2019 rule that
implemented the interagency consultation provisions in section 7 of the
ESA. Following the review, the Services issued a proposed rule and now
seek to finalize a rule that revises the regulations to further clarify
and improve the interagency consultation process, while continuing to
provide for the conservation of listed species.
The United States Patent and Trademark Office
The USPTO's mission is to foster innovation, competitiveness, and
economic growth, domestically and abroad, by delivering high quality
and timely examination of patent and trademark applications, guiding
domestic and international intellectual property policy, and delivering
intellectual property information and education worldwide.
Major Programs and Activities
The USPTO is responsible for granting U.S. patents and registering
trademarks. This system of secured property rights, which has its
foundation in Article I, Section 8, Clause 8, of the Constitution
(providing that Congress shall have the power to ``promote the Progress
of Science and useful Arts, by securing for limited Times to Authors
and Inventors the exclusive Right to their respective Writings and
Discoveries'') has enabled American industry to flourish. New products
have been invented, new uses for old ones discovered, and employment
opportunities created for millions of Americans. The continued demand
for patents and trademarks underscores the importance to the U.S.
economy of effective mechanisms to protect new ideas and investments in
innovation, as well as the ingenuity of American inventors and
entrepreneurs.
In addition to granting patents and trademarks, the USPTO advises
the President of the United States, the Secretary of Commerce, and U.S.
government agencies on intellectual property (IP) policy, protection,
and enforcement; and promotes strong and effective IP protection around
the world. The USPTO furthers effective IP protection for U.S.
innovators and entrepreneurs worldwide by working with other agencies
to secure strong IP provisions in free trade and other international
agreements. It also provides training, education, and capacity building
programs designed to foster respect for IP and encourage the
development of strong IP enforcement regimes by U.S. trading partners.
As part of its work, the USPTO administers regulations located at
title 37 of the Code of Federal Regulations concerning its patent and
trademark services and the other functions it performs. In the
development of its regulations, the USPTO seeks to increase
participation and engagement from members of the public affected by our
regulations, including in the development of our regulatory priorities.
During the past year, we have increased our engagement efforts to help
inform our priorities to date, as well as future priorities. We have
held public hearings, as well as published requests for comments, on
several of our regulatory actions not only to better understand our
stakeholders' needs, but to ensure robust and transparent engagement
throughout the rulemaking process. For example, public hearings were
held in two rulemakings where the USPTO will be setting and adjusting
patent and trademark fees. See ``Setting and Adjusting Patent Fees''
(0651-AD64) and ``Setting and Adjusting Trademark Fees'' (0651-AD65).
In addition, the USPTO published notices requesting comments on several
rulemakings to inform the agency as it develops its proposals. See
``Changes Under Consideration to Discretionary Institution Practices,
Petition Word-count Limits, and Settlement Practices for America
Invents Act Trial Proceedings Before the Patent Trial and Appeal
Board'' (0651-AD47); ``Motion to Amend Practice and Procedures in
[[Page 9318]]
Trial Proceedings Under the America Invents Act Before the Patent Trial
and Appeal Board'' (0651-AD50); ``Changes to the Representation of
Others in Design Patent Matters Before the United States Patent and
Trademark Office'' (0651-AD67), and ``Rules Governing Pre-Issuance
Internal Circulation and Review of Decisions Within the Patent Trial
and Appeal Board'' (0651-AD68). More information about the specific
public engagement activity conducted by the USPTO for each of these
rulemakings is found in their respective abstract. The USPTO is
currently considering all public feedback as it develops its
rulemakings. Throughout our engagement, the USPTO is ensuring that in
the regulatory process, we hear from a wide array of members of the
public to help the USPTO shape the provisions proposed in its proposed
rule or ultimately implemented in the final rule.
Outlined below are the USPTO's most important upcoming regulatory
actions for this year.
The USPTO's Regulatory Plan Actions
1. Setting and Adjusting Patent Fees (0651-AD64): This proposed
rule would set and adjust Patent fee amounts to provide USPTO with
sufficient aggregate revenue to recover its aggregate cost of
operations thereby maintaining a sustainable funding model. The new fee
amounts would provide USPTO with additional resources to decrease
patent pendency and ensure robust and reliable patents are granted
while continuing to promote access to the patent system for
underresourced individuals. The proposed fee amounts reflect feedback
received from members of the Patent Public Advisory Committee and the
public, including organizations, practitioners, and independent
inventors, during a public hearing held on May 18, 2023.
2. Setting and Adjusting Trademark Fees (0651-AD65): This proposed
rule would set and adjust Trademark fee amounts to provide USPTO with
sufficient aggregate revenue to recover its aggregate cost of
operations thereby maintaining a sustainable funding model. The new fee
amounts would provide USPTO with additional resources to ensure the
integrity of the Trademark register and promote efficiency of processes
while continuing to offer affordable options to stakeholders. The
proposed fee amounts reflect feedback received from members of the
Trademark Public Advisory Committee and the public, including
organizations, practitioners, and small business owners, during a
public hearing held on June 5, 2023.
Bureau of Industry and Security
BIS advances U.S. national security, foreign policy, and economic
objectives by maintaining and strengthening adaptable, efficient, and
effective export control and treaty compliance systems as well as by
administering programs to prioritize certain contracts to promote the
national defense and to protect and enhance the defense industrial
base.
BIS Public Engagement
BIS seeks to increase participation and engagement from members of
the public affected by our regulations, including in the development of
our regulatory priorities. Within the regulatory process itself, BIS
often requests public comments even when not legally required to do so.
BIS's acceptance of comments submitted anonymously or accompanied by
requests for protection of business confidential information helps
bolster public trust. For nearly all rules, even those that do not
include requests for public comment, BIS obtains input from its
Technical Advisory Committees (TACs), constituted under the Federal
Advisory Committee Act. The TACs are composed of industry experts from
a variety of fields. In addition to providing technical and compliance
advice on draft rules, the TACs provide technical guidance on
developing proposals to multilateral export control regimes, thereby
supporting control policy development even prior to rulemaking.
BIS also engages with the public outside of the rulemaking process.
BIS has an Office of Exporter Services (OExS), with a Division of
Outreach and Educational Services and a Regulatory Policy Division,
which support public compliance with and understanding of BIS
regulations, including by interacting personally in meetings or on
phone calls and responding to written inquiries. BIS itself puts on
multiple training seminars per year, many of them outside of the
Washington, DC area or online. In addition to these smaller seminars,
BIS has a large annual conference (called ``Update''), at which it
provides an overview of changes to policies and regulations over the
past year. The Update Conference involves review and discussion of
large, complex regulatory concepts pertaining to BIS, inviting follow-
on discussion and interaction from participants, which in turn informs
BIS's deliberations. Many BIS staffers also participate in seminars and
conferences hosted by other government agencies or private partners.
Public engagement is a vital part of BIS's operations.
Major Programs and Activities
BIS administers four sets of regulations:
The Export Administration Regulations (EAR) regulate
exports and reexports to protect national security, foreign policy, and
short supply interests. The EAR includes the Commerce Control List,
which describes commodities, software, and technology that are subject
to licensing requirements for specific reasons for control. The EAR
also regulates U.S. persons' participation in certain boycotts
administered by foreign governments.
The National Security Industrial Base Regulations provide
for prioritization of certain contracts and allocations of resources to
promote the national defense, require reporting of foreign government-
imposed offsets in defense sales, provide for surveys to assess the
capabilities of the industrial base to support the national defense,
and address the effect of imports on the defense industrial base.
The Chemical Weapons Convention Regulations implement
declaration, reporting, and on-site inspection requirements in the
private sector necessary to meet United States treaty obligations under
the Chemical Weapons Convention treaty.
The Additional Protocol Regulations implement similar
requirements for certain civil nuclear and nuclear-related items with
respect to an agreement between the United States and the International
Atomic Energy Agency.
BIS also has an enforcement component with nine offices covering
the United States, as well as BIS export control officers stationed at
several U.S. embassies and consulates abroad. BIS works with other U.S.
Government agencies to promote coordinated U.S. Government efforts in
export controls and other programs. BIS participates in U.S. Government
efforts to strengthen multilateral export control regimes and promote
effective export controls through cooperation with other governments.
In FY 2024, BIS plans to publish a number of proposed and final
rules amending the EAR. These rules will cover a range of issues,
including countering Russia's ongoing aggression against Ukraine and
China's military modernization; imposing controls on military,
intelligence, and security end uses and end users that are contrary to
the national security or foreign policy interests of the United States,
including
[[Page 9319]]
human rights values; and increasing the effectiveness of U.S. actions
by substantially aligning controls with ally and partner countries. BIS
also continues to identify and propose controls for emerging and
foundational technologies.
Outlined below are BIS's most important upcoming regulatory actions
for this year.
BIS's Regulatory Plan Actions
1. Implementation of Additional Export Controls: Certain Advanced
Computing and Semiconductor Manufacturing Items; Supercomputer and
Semiconductor End Use (0694-AI94): The interim final rule (IFR),
Implementation of Additional Export Controls: Certain Advanced
Computing and Semiconductor End Use; Entity List Modification, which
went into effect on October 7, 2022, amended the EAR to implement
controls on advanced computing integrated circuits (ICs), computer
commodities that contain such ICs, and certain semiconductor
manufacturing items. This interim final rule addresses comments
received and makes changes to the original October 7 IFR in response to
those comments related to advanced computing integrated circuits and
computer commodities that contain such ICs.
2. Section 1758 Technology Export Controls on Instruments for the
Automated Chemical Synthesis of Peptides (0694-AI84): Section 1758 of
the Export Control Reform Act of 2018 authorizes BIS to establish
appropriate controls on the export, reexport or transfer (in-country)
of emerging and foundational technologies essential to the national
security of the United States. Certain instruments for the automated
synthesis of peptides (automated peptide synthesizers) have been
identified by BIS for evaluation as a Section 1758 emerging and
foundational technology. This final rule implements controls for these
automated peptide synthesizers.
3. Authorization of Certain ``Items'' to Entities on the Entity
List in the Context of Specific Standards Activities (0694-AI06): This
final rule amends the EAR to authorize the release of specified items
subject to the EAR without a license when that release occurs in the
context of a ``standards-related activity.'' BIS published an interim
final rule in September 2022 that revised the terms used in the EAR to
describe the actions permissible under the authorization rather than
defining the organizations to which it applies. This final rule
responds to comments received in response to the interim final rule.
DOC--NATIONAL OCEANIC AND ATMOSTPHERIC ADMINISTRATION (NOAA)
Proposed Rule Stage
13. Illegal, Unreported, and Unregulated Fishing; Fisheries
Enforcement; High Seas Driftnet Fishing Moratorium Protection Act
[0648-BG11]
Priority: Other Significant.
Legal Authority: Pub. L. 114-81
CFR Citation: 50 CFR 300.
Legal Deadline: Final, Statutory, December 31, 2023, National
Defense Authorization Act, 2023 amended the Moratorium Protection Act
and requires that not later than 1 year after the date of enactment of
this Act all other updates be enacted.
Abstract: This proposed rule would make conforming amendments to
regulations implementing the various statutes amended by the Illegal,
Unreported and Unregulated Fishing Enforcement Act of 2015 (Pub. L.
114-81). The Act amends several regional fishery management
organization implementing statutes as well as the High Seas Driftnet
Fishing Moratorium Protection Act. It also provides authority to
implement two new international agreements under the Antigua
Convention, which amends the Convention for the establishment of an
Inter-American Tropical Tuna Commission, and the United Nations Food
and Agriculture Organization Agreement on Port State Measures to
Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated
Fishing (Port State Measures Agreement), which restricts the entry into
U.S. ports by foreign fishing vessels that are known to be or are
suspected of engaging in illegal, unreported, and unregulated fishing.
This proposed rule would also implement the Port State Measures
Agreement. To that end, this proposed rule would require the collection
of certain information from foreign fishing vessels requesting
permission to use U.S. ports. It also includes procedures to designate
and publicize the ports to which foreign fishing vessels may seek entry
and procedures for conducting inspections of these foreign vessels
accessing U.S. ports. Further, the rule would establish procedures for
notification of: the denial of port entry or port services for a
foreign vessel, the withdrawal of the denial of port services if
applicable, the taking of enforcement action with respect to a foreign
vessel, or the results of any inspection of a foreign vessel to the
flag nation of the vessel and other competent authorities as
appropriate.
Statement of Need: The United States is a signatory to the Port
State Measures Agreement (PSMA). The agreement is aimed at combating
illegal, unreported and unregulated (IUU) fishing activities through
increased port inspection of foreign fishing vessels and thereby
closing seafood markets to IUU fish and fish products. In addition,
regulations to identify and certify nations for IUU fishing and other
adverse fishing activities, bycatch of protected living marine
resources, and shark catch under the authority of the High Seas
Driftnet Fishing Moratorium Protection Act must be updated in light of
amendments made by the James M. Inhofe National Defense Authorization
Act for Fiscal year 2023. NMFS proposes to streamline the Moratorium
Protection Act regulations by removing provisions that only repeat
statutory text, including those provisions regarding identification,
notification, and consultation with identified nations.
Summary of Legal Basis: This action is required under several
statutes: Illegal, Unreported, and Unregulated Fishing Enforcement Act
of 2015 (Pub. L. 114-81); Ensuring Access to Pacific Fisheries Act
(Pub. L. 114-327); High Seas Driftnet Fishing Moratorium Protection Act
(Pub. L. 104-43); and, the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Pub. L. 117-263). The Secretary
of Commerce is authorized to issue regulations to implement the
statutory obligations to counter IUU fishing by foreign fishing vessels
and to prevent the importation of illegally harvested seafood.
Alternatives: Alternatives to taking action at the port would
include taking action at sea against IUU fishing vessels and in the
supply chain against detected IUU fish or fish products. At-sea
monitoring and inspection is part of an overall strategy to combat IUU
fishing, but it is extremely expensive, resources are limited, and the
United States has limited jurisdiction to board foreign flag vessels at
sea. Likewise, tracing and removing illegal products already released
into the U.S. seafood market would be difficult and resource intensive.
Preventing entry of IUU fishing vessels into ports or investigating
fishing vessels at the port is an efficient and effective approach to
combat illegal activity and to prevent illegal products from entering
the supply chain. There are no alternatives to the conforming
amendments to the High Seas Driftnet Fishing Moratorium Protection Act.
Without these changes, the implementing regulations would not be
consistent with the revised statute.
[[Page 9320]]
Anticipated Cost and Benefits: The anticipated costs will be
minimal in that foreign vessels requesting permission to visit U.S.
ports are already required to report. Under this rule, fishing vessel
masters will have to include more information about the vessel and its
fishing activities directly to the National Marine Fisheries Service
(NMFS) Office of Law Enforcement after they submit an electronic notice
of arrival to the U.S. Coast Guard. Based on the information submitted,
NMFS may deny port privileges for vessels known to have engaged in IUU
fishing or may meet the vessel in port to conduct an inspection. The
minimal additional data elements required of foreign fishing vessels
will be collected through an email to the NMFS Office of Law
Enforcement. The additional reporting costs are not anticipated to
affect shipping patterns, port usage, or international commerce. In
addition, vessel inspections will be coordinated and planned based on
the advance notice of arrival information submitted to the U.S. Coast
Guard prior to entry into port, thus delays for inspection will be
minimal and not result in significant costs to legitimate vessels.
Benefits of the rule will accrue when IUU fishing vessels are denied
entry, and illegal seafood products are precluded from the U.S. supply
chain, thereby maintaining higher prices and market share for
legitimate producers of fishery products. In addition, benefits will
accrue from reduced costs of inspection and monitoring at ports of
entry due to the advance notice provided and the ability of NMFS and
Coast Guard to take a risk- management approach to vessel inspection.
Should the United States impose trade restrictions on foreign nations
due to the amendments to the High Seas Driftnet Fishing Moratorium
Protection Act, some costs would be borne by U.S. importers who would
have to adjust their supply chains. However, many U.S. importers and
seafood dealers are already adjusting supply chains to respond to
consumer demand for lawfully-acquired, sustainable and environmentally
responsible seafood. The benefits of additional steps to counter IUU
fishing will accrue to law-abiding harvesters, processors and traders
as fish stocks are recovered and they no longer must compete with
illegitimate products in the supply chain.
Risks: If the port entry reporting and inspection provisions of
this rule were not implemented, there is an increased risk of IUU
fishing vessels entering U.S. ports and/or the products of IUU fishing
infiltrating the U.S. supply chain. In addition, the United States
would be out of compliance with its international obligations under the
PSMA. If the revisions to the High Seas Driftnet Fishing Moratorium
Protection Act are not implemented through conforming amendments to the
regulations, nations might not be identified under the statute,
therefore diminishing the likelihood of corrective actions to counter
IUU fishing and to address the bycatch of protected living marine
resources and the catch of sharks.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/08/22 87 FR 40763
NPRM Comment Period End............. 09/06/22 .......................
Supplemental NPRM................... 11/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: Federal.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
Agency Contact: Alexa Cole, Director, Office of International
Affairs, Trade, and Commerce, Department of Commerce, National Oceanic
and Atmospheric Administration, 1315 East-West Highway, Silver Spring,
MD 20910, Phone: 301 427-8286, Email: [email protected].
RIN: 0648-BG11
DOC--NOAA
Final Rule Stage
14. Amendments to the North Atlantic Right Whale Vessel Strike
Reduction Rule [0648-BI88]
Priority: Other Significant.
Legal Authority: 16 U.S.C. 1361 et seq.; 16 U.S.C. 1531 et seq.
CFR Citation: 50 CFR 224.
Legal Deadline: None.
Abstract: NMFS published a proposed rule to amend the North
Atlantic Right Whale Vessel Strike Reduction Rule (per 50 CFR 224.105;
87 FR 46921, August 1, 2022). NMFS proposed this action to further
reduce the likelihood of mortalities and serious injuries to endangered
right whales from vessel collisions, which are a leading cause of the
species' decline and a primary factor in an ongoing Unusual Mortality
Event. The proposed rule would (1) modify the spatial and temporal
boundaries of current speed restriction areas, currently referred to as
Seasonal Management Areas (SMAs), (2) include most vessels greater than
or equal to 35 ft (10.7 m) and less than 65 ft (19.8 m) in length in
the vessel size class subject to speed restriction, (3) create a
Dynamic Speed Zone framework to implement mandatory speed restrictions
when whales are known to be present outside active SMAs, and (4) update
the speed rule's safety deviation provision. The proposed amendments to
current speed regulations reduce vessel strike risk based on a coast
wide collision mortality risk assessment and updated information on
right whale distribution, vessel traffic patterns, and vessel strike
mortality and serious injury events. NMFS solicited public comment on
the proposed action and received over 90,000 public comments. The
agency plans to take final action on the proposed rule in 2023.
Statement of Need: This action is needed to further reduce the
likelihood of mortalities and serious injuries to endangered North
Atlantic right whales from vessel collisions, which are a leading cause
of the species' decline and contributing to the ongoing Unusual
Mortality Event (2017-present). Following two decades of growth, the
species has been in decline over the past decade with a best population
estimate of fewer than 350 individuals. Entanglement in fishing gear
and vessel strikes are the two primary causes of North Atlantic right
whale mortality and serious injury across their range, and human-caused
mortality to adult females, in particular, is limiting recovery of the
species.
Summary of Legal Basis: NMFS is implementing this rule pursuant to
its rulemaking authority under MMPA section 112(a) (16 U.S.C. 1382(a)),
and ESA section 11(f) (16 U.S.C. 1540(f)).
Alternatives: In January 2021, NMFS released, and solicited public
comment on, an assessment of the current right whale vessel speed rule
(50 CFR 224.105). The assessment highlighted the need to address
collision risk from vessels less than 65 ft in length and modify the
boundaries and timing of Seasonal Management Areas (SMAs) to better
reflect current whale and vessel traffic distribution, along with other
recommendations to improve vessel strike mitigation efforts. In 2022,
NMFS completed a coastwide right whale vessel strike risk model
(Garrison et al. 2022), which informed development of proposed
modifications to the existing speed rule. The proposed rule considered
number of alternatives in the draft Regulatory Impact Review and
[[Page 9321]]
draft Environmental Assessment. The Preferred Alternative would modify
the spatial and temporal boundaries of the existing SMAs to create
newly proposed Seasonal Speed Zones (SSZs), add smaller vessels down to
35 ft in length, and establish a mandatory Dynamic Speed Zone program.
Anticipated Cost and Benefits: Under the Preferred Alternative,
NMFS estimated modifications to the speed rule would cost just over $46
million per year. Estimated costs would be borne primarily by the
owners and operators of vessels currently transiting within newly
expanded portions of SSZs along the U.S. East Coast. Owners and
operators of vessels of applicable size classes that regularly transit
within active SSZs at speeds in excess of 10 knots would be most
affected. Vessels operating in the Northeast and Mid-Atlantic regions
are expected to bear the majority of costs (89 percent) if the proposed
modifications are finalized. Potential benefits stemming from this
action include a reduction in North Atlantic right whale mortalities
and serious injuries resulting from collisions with vessels, with
potential reduction in vessel strike risk for other large whale
species.
Risks: This action is essential to ensure long-term recovery of
North Atlantic right whales. The proposed modifications to the current
speed rule are designed to: (1) address a misalignment between existing
Seasonal Management Areas and places/times with elevated strike risk,
and (2) mitigate currently unregulated lethal strike risk from vessels
35-65 ft in length. Given the endangered status of the North Atlantic
right whale, the large geographic area, and the number of stakeholders
and potentially regulated entities, final modifications to the current
speed rule is of high interest.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/01/22 87 FR 46921
NPRM Comment Period End............. 09/30/22 .......................
NPRM Comment Period Extension....... 09/16/22 87 FR 56925
NPRM Comment Period Extension End... 10/31/22 .......................
Final Action........................ 12/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone:
301 427-8400, Email: [email protected].
Related RIN: Related to 0648-AS36
RIN: 0648-BI88
DOC--NOAA
15. Endangered and Threatened Wildlife and Plants; Regulations for
Listing Species and Designating Critical Habitat [0648-BK47]
Priority: Other Significant.
Legal Authority: 16 U.S.C. 1531 et seq.
CFR Citation: 50 CFR 424.
Legal Deadline: None.
Abstract: Per section 2 of the Executive Order on Protecting Public
Health and the Environment and Restoring Science to Tackle the Climate
Crisis (E.O. 13990), and subsequent Fact Sheet: List of Agency Actions
for Review, the Departments of Commerce and the Interior (the
Departments) initiated a review of the previous rulemaking action with
the title, ``Endangered and Threatened Wildlife and Plants; Regulations
for Listing Species and Designating Critical Habitat'' (84 FR 45020;
August 27, 2019) that revised the regulations for adding and removing
species from the Lists of Endangered and Threatened Wildlife and Plants
and clarified procedures for designating critical habitat. As a result
of that review, the Departments proposed to revise those regulations
(88 FR 40764, June 22, 2023), and after publication of that proposal,
delivered a series of informational sessions to stakeholders including:
Federal agencies, State agencies, Federally recognized tribes, Native
Hawaiian community leaders, Non-governmental organizations,
conservation partners, Industry groups, and Pacific Islander community
leaders. FAQs and a recording of the presentation can be viewed on the
website https://fws.gov/project/endangered-species-act-regulation-revisions.
Statement of Need: This action responds to the Executive Order on
Protecting Public Health and the Environment and Restoring Science to
Tackle the Climate Crisis (E.O. 13990) and the associated Fact Sheet
(List of Agency Actions for Review).
Summary of Legal Basis: This action is authorized under 16 U.S.C.
1531 et seq.
Alternatives: This is a joint rulemaking by the National Marine
Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS;
the Services) to revise joint regulations implementing the Endangered
Species Act (ESA). Pursuant to E.O. 13990, the Services reviewed the
2019 final rule with the title, ``Endangered and Threatened Wildlife
and Plants; Regulations for Listing Species and Designating Critical
Habitat'' (84 FR 45020; August 27, 2019), which revised the regulations
for adding and removing species from the Lists of Endangered and
Threatened Wildlife and Plants and clarified procedures for designating
critical habitat. Following a review of the 2019 rule, the Services
proposed to revise portions of the regulations that the 2019 rule
addressed (see 88 FR 40764, June 22, 2023). The Services have since
held a series of seven informational webinars for stakeholders and are
seeking public comment on the proposed rule as well as all aspects of
the 2019 final rule.
Anticipated Cost and Benefits: Potential costs directly stemming
from this rule would be borne by the Services and would be non-
significant. Potential benefits stemming from this rule would be
improved clarity and effectiveness of the implementing regulations that
guide the Services when classifying species and designating critical
habitat under the ESA.
Risks: This action addresses several different provisions in the
Services' joint ESA-implementing regulations. Overall, the proposed
changes will reduce the risk associated with making listing, delisting,
and reclassification decisions; however, those actions will continue to
have independent levels of risk that vary depending on the particular
species. The proposed changes will also reduce risk associated with
some but not necessarily all, critical habitat determinations and
designations, which will continue to have independent risk levels that
vary based on the particular species and habitats involved.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/22/23 88 FR 40764
NPRM Comment Period End............. 08/21/23 .......................
Final Action........................ 04/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910,
[[Page 9322]]
Phone: 301 427-8400, Email: [email protected].
Related RIN: Related to 0648-BH42, Related to 1018-BC88
RIN: 0648-BK47
DOC--NOAA
16. Endangered and Threatened Wildlife and Plants; Revision of
Regulations for Interagency Cooperation [0648-BK48]
Priority: Other Significant.
Legal Authority: 16 U.S.C. 1531 et seq.
CFR Citation: 50 CFR 402.
Legal Deadline: None.
Abstract: Per section 2 of the Executive Order on Protecting Public
Health and the Environment and Restoring Science to Tackle the Climate
Crisis (E.O. 13990), and subsequent Fact Sheet: List of Agency Actions
for Review, the Departments of Commerce and the Interior (the
Departments) initiated a review of the previous rulemaking action with
the title, Endangered and Threatened Wildlife and Plants; Regulations
for Interagency Cooperation'' (84 FR 44976; August 27, 2019) that
revised portions of the regulations that implement section 7 of the
Endangered Species Act of 1973, as amended. As a result of that review,
the Departments proposed to revise those regulations (88 FR 40753; June
22, 2023), and after publication of that proposal, delivered a series
of informational sessions to stakeholders including: Federal agencies,
State agencies, Federally recognized tribes, Native Hawaiian community
leaders, Non-governmental organizations, conservation partners,
industry groups, and Pacific Islander community leaders. FAQs and a
recording of the presentation can be viewed on the website https://fws.gov/project/endangered-species-act-regulation-revisions.
Statement of Need: This action responds to the Executive Order on
Protecting Public Health and the Environment and Restoring Science to
Tackle the Climate Crisis (E.O. 13990) and the associated Fact Sheet
(List of Agency Actions for Review).
Summary of Legal Basis: This action is authorized under 16 U.S.C.
1531 et seq.
Alternatives: This is a joint rulemaking by the National Marine
Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS;
the Services) to revise joint regulations implementing the Endangered
Species Act (ESA). Pursuant to E.O. 13990, the Services reviewed the
2019 final rule with the title, Endangered and Threatened Wildlife and
Plants: Regulations for Interagency Cooperation (84 FR 44976; August
27, 2019), which revised portions of the regulations that implement
section 7 of the Endangered Species Act of 1973, as amended. Following
a review of the 2019 rule, the Services proposed to revise portions of
the regulations that the 2019 rule addressed (see 88 FR 40753; June 22,
2023). The Services have since held a series of seven informational
webinars for stakeholders and are seeking public comments on the
proposed rule as well as all aspects of the 2019 finale rule.
Anticipated Cost and Benefits: The rulemaking revises and clarifies
existing requirements for Federal agencies, including the Services,
under section 7 of the ESA. Federal agencies are the only entities
affected by this rule. We do not anticipate significant costs
associated with the rule. This rule is meant to provide clarity to the
standards with which we evaluate proposed Federal agency actions
pursuant to section 7 of the ESA, which will be a benefit to the
Services and Federal action agencies.
Risks: This action addresses the ESA Interagency Cooperation
provisions in the Services' joint ESA-implementing regulations.
Overall, the proposed changes will reduce the risk to ESA-listed
species and designated critical habitat associated with ensuring
Federal action agencies do not jeopardize the continued existence of
listed species or destroy or adversely modify designated critical
habitat by clarifying and improving the interagency consultation
process and continuing to provide for the conservation of ESA
resources.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/22/23 88 FR 40753
NPRM Comment Period End............. 08/21/23 .......................
Final Action........................ 04/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone:
301 427-8400, Email: [email protected].
Related RIN: Related to 0648-BH41, Related to 1018-BC87
RIN: 0648-BK48
DOC--PATENT AND TRADEMARK OFFICE (PTO)
Proposed Rule Stage
17. Setting and Adjusting Patent Fees [0651-AD64]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: Pub. L. 112-29
CFR Citation: 37 CFR 1; 37 CFR 41.
Legal Deadline: None.
Abstract: The United States Patent and Trademark Office (USPTO or
Office) takes this action to set and adjust Patent fee amounts to
provide the Office with a sufficient aggregate revenue to recover its
aggregate cost of operations thereby maintaining a sustainable funding
model. The new fee amounts will provide the Office with additional
resources to decrease patent pendency and ensure robust and reliable
patents are allowed while continuing to promote access to the patent
system for underresourced individuals. This proposal reflects feedback
we have received from members of the Patent Public Advisory Committee
and the public, including organizations, practitioners, and independent
inventors, during a public hearing held on May 18, 2023. As we develop
this regulation, we will be seeking additional public comment through
the rulemaking process.
Statement of Need: The purpose of this rule is to set and adjust
patent fee amounts to provide sufficient aggregate revenue to cover the
agency's aggregate cost of operations. To this end, this rule creates
new or changes existing fees for patent services, and does so without
imposing any new costs.
Summary of Legal Basis: The Leahy-Smith America Invents Act (AIA),
enacted in 2011, provided USPTO with the authority to set and adjust
its fees for patent and trademark services. Since then, USPTO has
conducted an internal biennial fee review, in which it undertook
internal consideration of the current fee structure, and considered
ways that the structure might be improved, including rulemaking
pursuant to the USPTO's fee setting authority. This fee review process
involves public outreach, including, as required by the Act, public
hearings held by the USPTO's Public Advisory Committees, as well as
public comment and other outreach to the user community and public in
general.
Alternatives: This rulemaking action is currently in development
and alternatives have not yet been determined.
Anticipated Cost and Benefits: This rulemaking action is currently
in
[[Page 9323]]
development and aggregate annual economic impacts have not yet been
determined. The user fees charged by the USPTO for its services are
considered transfer payments that do not affect the total resources
available to society, and therefore the changes to patent fees being
developed by this rulemaking are transfers, and are not costs of this
rulemaking. It is anticipated that the final rule would become
effective with the new fee schedule in 2024.
Risks: The USPTO will set and adjust Patent fee amounts to provide
the Office with a sufficient amount of aggregate revenue to recover its
aggregate cost of operations while helping the Office maintain a
sustainable funding model, reduce the current patent application
backlog, decrease patent pendency, and improve the reliability of
issued patents. Therefore, one risk of taking no action could be that
USPTO might not be able to recover its aggregate costs of operations in
the long run.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Public Hearing and Request 04/20/23 88 FR 24392
for Comments.
Comment Period End.................. 05/25/23 .......................
NPRM................................ 01/00/24 .......................
NPRM Comment Period End............. 04/00/24 .......................
Final Action........................ 10/00/24 .......................
Final Action Effective.............. 11/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses, Organizations.
Government Levels Affected: None.
Agency Contact: Brendan Hourigan, Director, Office of Planning and
Budget, Department of Commerce, Patent and Trademark Office, P.O. Box
1450, Alexandria, VA 22313-1450, Phone: 571 272-8966, Fax: 571 273-
8966, Email: [email protected].
RIN: 0651-AD64
DOC--PTO
18. Setting and Adjusting Trademark Fees [0651-AD65]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: Pub. L. 112-29
CFR Citation: 37 CFR 2.
Legal Deadline: None.
Abstract: The United States Patent and Trademark Office (USPTO or
Office) takes this action to set and adjust Trademark fee amounts to
provide the Office with a sufficient aggregate revenue to recover its
aggregate cost of operations thereby maintaining a sustainable funding
model. The new fee amounts will provide the Office with additional
resources to ensure the integrity of the Trademark register and promote
efficiency of processes while continuing to offer affordable options to
stakeholders. This proposal reflects feedback we have received from
members of the Trademark Public Advisory Committee and the public,
including organizations, practitioners, and small business owners,
during a public hearing held on June 5, 2023. As we develop this
regulation, we will be seeking additional public comment through the
rulemaking process.
Statement of Need: The purpose of this rule is to set and adjust
trademark fee amounts to provide sufficient aggregate revenue to cover
the agency's aggregate cost of operations. To this end, this rule
creates new or changes existing fees for trademark services.
Summary of Legal Basis: The Leahy-Smith America Invents Act (AIA),
enacted in 2011, provided USPTO with the authority to set and adjust
its fees for patent and trademark services. This authority was extended
by the Study of Underrepresented Classes Chasing Engineering and
Science Success (SUCCESS) Act of 2018. Since then, USPTO has conducted
an internal biennial fee review, in which it undertook internal
consideration of the current fee structure, and considered ways that
the structure might be improved, including rulemaking pursuant to the
USPTO's fee-setting authority. This fee review process involves public
outreach, including, as required by the Act, a public hearing held by
the USPTO's Trademark Public Advisory Committee, as well as public
comment and other outreach to the user community and public in general.
Alternatives: This rulemaking action is currently in development
and alternatives have not yet been determined.
Anticipated Cost and Benefits: This rulemaking action is currently
in development and aggregate annual economic impacts have not yet been
determined. The user fees charged by the USPTO for its services are
considered transfer payments that do not affect the total resources
available to society, and therefore the changes to trademark fees
proposed by this rulemaking are transfers, and are not costs of this
rulemaking.
Risks: The USPTO will set and adjust trademark fee amounts to
provide the Office with a sufficient amount of aggregate revenue to
recover its aggregate cost of operations while helping the Office
maintain a sustainable funding model, ensure the integrity of the
Trademark register, and promote efficiency of processes. Therefore, one
risk of taking no action could be that USPTO might not be able to
recover its aggregate costs of operations in the long run.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Public Hearing and Request 04/27/23 88 FR 25623
for Comments.
Comment Period End.................. 06/12/23 .......................
NPRM................................ 11/00/23 .......................
NPRM Comment Period End............. 01/00/24 .......................
Final Action........................ 07/00/24 .......................
Final Action Effective.............. 09/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses, Organizations.
Government Levels Affected: None.
Agency Contact: Brendan Hourigan, Director, Office of Planning and
Budget, Department of Commerce, Patent and Trademark Office, P.O. Box
1450, Alexandria, VA 22313-1450, Phone: 571 272-8966, Fax: 571 273-
8966, Email: [email protected].
RIN: 0651-AD65
BILLING CODE 3410-12-P
DEPARTMENT OF DEFENSE
Statement of Regulatory Priorities
Background
The Department of Defense (DoD) is the largest Federal department,
employing over 1.6 million military personnel and 750,000 civilians
with operations all over the world. DoD's enduring mission is to
provide combat-credible military forces needed to deter war and protect
the security of our nation. To guide this mission, the Secretary of
Defense has outlined three top priorities, which are to defend the
nation, take care of our people, and succeed through teamwork. In
addition, the National Defense Strategy sets out how DoD will
contribute to advancing and safeguarding vital U.S. national
interests--protecting the American people, expanding America's
prosperity, promoting global security, seizing new strategic
opportunities, and realizing and defending our democratic values.
[[Page 9324]]
Because of this expansive and diversified mission and reach, DoD
regulations can address a broad range of matters and have an impact on
varied members of the public, as well as other federal agencies.
Pursuant to Executive Order 12866, ``Regulatory Planning and
Review'' (September 30, 1993) and Executive Order 13563, ``Improving
Regulation and Regulatory Review'' (January 18, 2011), the DoD issues
this Regulatory Plan and Agenda to provide notice about the DoD's
regulatory and deregulatory actions.
Retrospective Review of Existing Regulations
Pursuant to section 6 of Executive Order 13563 ``Improving
Regulation and Regulatory Review'' (January 18, 2011), the Department
continues to review existing regulations with a goal to eliminate
outdated, unnecessary, or ineffective regulations; account for the
currency and legitimacy of each of the Department's regulations; and
ultimately reduce regulatory burden and costs.
Public Participation and Community Outreach
As the DoD develops our regulations, we seek to increase public
participation and community outreach to be better informed of and
address issues from members of the public affected by our regulations.
The following provides examples of our specific outreach and public
participation efforts.
The Office of the Assistant to the Secretary of Defense for Public
Affairs/Community Engagement Directorate, via its Opinion Leader
Engagement portfolio, provides public affairs support to leaders
throughout the Office of the Secretary of Defense (OSD) who are
responsible for regulatory activities. This support includes convening
roundtables and similar engagements for national stakeholder
organizations to meet with OSD leaders to discuss and share information
about DoD policies and programs that are governed by Federal
regulations. For example, regular engagements with leaders of national
military and veteran supporting organizations include topics such as
military benefits, housing, healthcare, compensation, and sexual
assault prevention and response, which are governed by law and Federal
regulation. These meetings allow the regulating authorities in OSD an
opportunity to dialogue with national organizations with a stakeholder
interest in the impact and effect of DoD regulations.
DoD engages with the public on procurement-related regulations that
will affect the Defense Federal Acquisition Regulation Supplement
(DFARS) in several ways. In addition to publishing abstracts of and
anticipated publication dates for upcoming rules in the biannual
Unified Agenda, members of the public can track the progress of any
open and pending DFARS regulation via the Open DFARS Cases Report,
which is publicly available at https://www.acq.osd.mil/dpap/dars/case_status.html. The report is updated on a weekly basis and includes
the following information: a case number, title, DFARS parts
anticipated to be impacted by the regulation, a summary of the basis
for the regulation, and the status of the regulation. Members of the
public who are interested in a particular DFARS case are encouraged to
monitor the Open DFARS Cases Report to track the progress of a
particular regulation through the rulemaking process.
DoD also meets with industry associations on a quarterly basis.
Industry associations that regularly participate in these quarterly
discussions include the Council of Defense and Space Industry
Associations, the Professional Services Council, the Aerospace
Industries Association, and the National Defense Industrial
Association. During these meetings, DoD often provides updates on open
DFARS cases.
While developing certain DFARS regulations, DoD may seek input from
the public by publishing in the Federal Register an early engagement
opportunity, an advance notice of proposed rulemaking (ANPR), or a
general request for information (RFI). Notices for early engagement
opportunities usually pertain to a recent law, such as the annual
National Defense Authorization Act, and request input on implementation
of the law in the DFARS. ANPRs and RFIs may include a summary of the
overarching policy objectives of the regulation and a list of questions
seeking input that will help DoD develop a proposed regulation.
Information on whether DoD plans to publish an ANPR or RFI is included
in both the Open DFARS Cases Report and the biannual Unified Agenda.
Occasionally, while an ANPR, proposed DFARS regulation, or interim
DFARS regulation is out for public comment, DoD may hold a public
meeting to allow the public to provide feedback to the Government in an
open forum. Information about whether DoD plans on holding a public
meeting for an ANPR or a regulation is normally included in the ANPR,
proposed regulation, or interim regulation when it is published for
public comment. Presentations made during the public meeting are made
publicly available.
The U.S. Army Corps of Engineers (USACE) often utilizes listening
sessions prior to proposing a rule to obtain public input that is then
used to inform the contents of the proposed rule. Additionally, Federal
Register notices, website postings, press releases, and social media
releases are used to notify the public of the dates and times for the
listening sessions. When a Federal Register notice is used to provide
notification of the listening sessions, the use of an open docket is
employed for the submission public comments in addition to receipt of
public comments during the listening sessions. Also, the USACE may
publish an advanced notice of proposed rulemaking to engage the public
on the development of a proposed rule. Federal Register notices,
website postings, press releases, and social media releases are used to
notify the public of the publication of the proposed rule and how they
can provide comments and engage in the rulemaking effort.
Finally, the USACE has meetings with industry associations, NGOs,
or similar stakeholders to provide updates on proposed policies or
actions to solicit informal feedback that is used to help inform the
path forward for the development of a proposed rule.
DOD Priority Regulatory Actions
The regulatory and deregulatory actions identified in this
Regulatory Plan embody the core of DoD's regulatory priorities for
Fiscal Year (FY) 2024 and help support President Biden's regulatory
priorities, the Secretary of Defense's top priorities, and those
priorities set out in the National Defense Strategy. The DoD regulatory
prioritization is focused on initiatives that:
Promote the country's economic resilience, including by
addressing COVID-related and other healthcare issues.
Support underserved communities and improve small business
opportunities.
Promote competition in the American economy.
Promote diversity, equity, inclusion, and accessibility in
the Federal workforce.
Support national security efforts, especially safeguarding
Federal Government information and information technology systems.
Tackle the climate crisis and protect the environment.
Address military family matters.
[[Page 9325]]
Rules That Promote the Country's Economic Resilience
Pandemic COVID-19 Rules
Pursuant to Executive Order 13987, ``Organizing and Mobilizing the
United States Government to Provide a Unified and Effective Response to
Combat COVID-19 and to Provide United States Leadership on Global
Health and Security,'' January 20, 2021; Executive Order 13995,
``Ensuring an Equitable Pandemic Response and Recovery,'' January 21,
2021; Executive Order 13997, ``Improving and Expanding Access to Care
and Treatments for COVID-19,'' January 21, 2021; and Executive Order
13999, ``Protecting Worker Health and Safety,'' January 21, 2021, the
Department temporarily modified its TRICARE regulation so TRICARE
beneficiaries have access to the most up-to-date care required for the
diagnosis and treatment of COVID-19. TRICARE continues to reimburse
like Medicare, to the extent practicable, as required by statute. The
Department is researching the impacts of making some of those
modifications permanent and may pursue such future action. These
modifications include:
TRICARE Coverage of National Institute of Allergy and Infectious
Disease--Coronavirus Disease 2019 Clinical Trials. RIN 0720-AB83
The Department of Defense is finalizing an interim final rule to
amend 32 CFR part 199 to include coverage that was temporarily added
for National Institute of Allergy and Infectious Disease-sponsored
clinical trials for the treatment or prevention of COVID-19. This rule
will also finalize the temporary addition of the treatment use of
investigation drugs under U.S. Food and Drug Administration-approved
expanded access programs for the treatment of coronavirus disease 2019
(COVID-19) from the interim final rule titled ``TRICARE Coverage of
Certain Medical Benefits in Response to the COVID-19 Pandemic'' (32 CFR
part 199, 0720-AB82), which published in the Federal Register on
September 3, 2020 (85 FR 54914-54924).
Expanding TRICARE Access to Care in Response to the COVID-19 Pandemic.
RIN 0720-AB85
This rule finalizes an interim final rule that amended 32 CFR part
199 by: (1) adding freestanding End Stage Renal Disease (ESRD)
facilities as a category of TRICARE-authorized institutional provider
and modifying the reimbursement for such facilities; and (2)
temporarily adopting Medicare's New COVID-19 Treatments Add-on Payment
(NCTAP). The ESRD provisions are permanent, and the temporary NCTAP
provisions expire at the end of the fiscal year in which the Secretary
of Health and Human Services' declared coronavirus disease 2019 (COVID-
19) public health emergency ends.
Medical Debt Relief
Medical Billing for Healthcare Services Provided by Department of
Defense Medical Treatment Facilities to Civilian Non-Beneficiaries. RIN
0720-AB87
This rule is aimed at preventing severe financial harm to civilians
who are not covered beneficiaries of the Military Health System, and
who receive healthcare services at military medical treatment
facilities. The rule implements the requirement to apply a sliding fee
and/or a catastrophic waiver to medical invoices of non-beneficiaries;
to accept payments from health insurers as full payment; to not balance
bill non-beneficiaries except for copays, coinsurance, deductibles,
nominal fees, and non-covered services; and grants the Director of
Defense Health Agency (DHA) discretionary authority to waive medical
debts of non-beneficiaries when the healthcare provided enhances the
knowledge, skills, and abilities of healthcare providers, as determined
by the Director of DHA.
Rules That Promote Diversity, Equity, Inclusion, and Accessibility in
the Federal Workforce
Nondiscrimination on the Basis of Disability in Program or Activities
Assisted or Conducted by the DoD and in Equal Access to Information and
Communication Technology Used by DoD, and Procedures for Resolving
Complaints. RIN: 0790-AJ04
Revisions to this regulation: (1) update and clarify the
obligations that Section 504 of the Rehabilitation Act of 1973 (section
504) imposes on recipients of Federal financial assistance and the
Military Departments and Components (DoD Components); (2) reflect the
most current Federal statutes and regulations, as well as developments
in Supreme Court jurisprudence, regarding unlawful discrimination on
the basis of disability and promotes consistency with comparable
provisions implementing title II of the Americans with Disabilities Act
(ADA); (3) implement section 508 of the Rehabilitation Act of 1973
(section 508), requiring DoD make its electronic and information
technology accessible to individuals with disabilities; (4) establish
and clarify obligations under the Architectural Barriers Act of 1968
(ABA), which requires that DoD make facilities accessible to
individuals with disabilities; and (5) Provide complaint resolution and
enforcement procedures pursuant to section 504 and the complaint
resolution and enforcement procedures pursuant to section 508. These
revisions incorporate the directive of Executive Order 14035,
``Diversity, Equity, Inclusion, and Accessibility in the Federal
Workforce'' by defining, clarifying, advancing accessibility throughout
DoD programs and activities.
Executive Order 13985, ``Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government' January 20,
2021
USACE Implementing Procedures for Principles, Requirements, and
Guidelines Applicable to Actions Involving Investment in Water
Resources. RIN 0710-AB41
Section 2031 of the Water Resources Development Act of 2007 (Pub.
L. 110-114) called for revisions to the 1983 Principles and Guidelines
for Water and Land Related Resources Implementation Studies, resulting
in the issuance of the Principles and Requirements (P&R) guidance
document in March 2013 and the Interagency Guidelines in December 2014,
which together comprise the Principles, Requirements, and Guidelines
(PR&G). The PR&G are intended to provide a common framework and
comprehensive policy and guidance for analyzing a diverse range of
water resources projects, programs, activities, and related actions
involving Federal investment in water resources. The U.S. Army Corps of
Engineers (Corps) proposes a regulation to show how it would apply the
PR&G to the Corps' mission and authorities. In this proposed
regulation, the Corps intends to increase consistency and compatibility
in Federal water resources investment decision making to include
considerations such as analyzing a broader range of long-term costs and
benefits, enhancing collaboration, including a more thorough and
transparent risk and uncertainty analyses, and improving resilience for
dealing with emerging challenges, including climate change.
Flood Control Cost-Sharing Requirements Under the Ability To Pay
Provision. RIN: 0710-AB34
Section 103(m) of the Water Resources Development Act (WRDA) of
1986, as amended (33 U.S.C. 2213(m)), authorizes the USACE to reduce
the non-Federal share of the cost of a study
[[Page 9326]]
or project for certain communities that are not able financially to
afford the standard cost-share. Part 241 of title 33 in the Code of
Federal Regulations provides the criteria that the USACE uses in making
these determinations where the primary purpose of the study or project
is flood damage reduction. The proposed rule would update this
regulation, by broadening its applicability to include projects with
other purposes (instead of just flood damage reduction) and the
feasibility study of a project (instead of just design and
construction). The WRDA 2000 modified section 103(m) to include
projects with the following purposes: environmental protection and
restoration, flood control, navigation, storm damage protection,
shoreline erosion, hurricane protection, and recreation or an
agricultural water supply project which have not yet been added to the
regulation. It also included the opportunity to cost share all phases
of a USACE project to also include feasibility studies in addition to
the already covered design and construction. This rule would update the
framework for determining whether a project is eligible for
consideration for a reduction in the non-Federal cost share based on
ability to pay.
Rules That Support Underserved Communities and Improve Small Business
Opportunities Rules of Particular Interest to Small Business
Small Business Innovation Research Program Data Rights (DFARS Case
2019-D043). RIN 0750-AK84
This rule implements changes made by the Small Business
Administration (SBA) related to data rights in the Small Business
Innovation Research (SBIR) Program and Small Business Technology
Transfer (STTR) Program Policy Directive, published in the Federal
Register on April 2, 2019 (84 FR 12794). The SBIR and STTR programs
fund a diverse portfolio of startups and small businesses across
technology areas and markets to stimulate technological innovation,
meet Federal research and development (R&D) needs, and increase
commercialization to transition R&D into impact. The final SBA Policy
Directive includes several revisions to clarify data rights, which
require corresponding revisions to the Defense Federal Acquisition
Regulation Supplement (DFARS). These changes include harmonizing
definitions, lengthening the SBIR/STTR protection period from 5 years
to 20 years, and providing for the granting of Government-purpose
rights license in place of an unlimited rights license upon expiration
of the SBIR/STTR protection period. DoD hosted public meetings to
obtain the views of interested parties regarding the advance notice of
proposed rulemaking and the proposed rule published in the Federal
Register on August 31, 2020 (85 FR 53758) and December 19, 2022 (87 FR
77680), respectively.
Executive Order 14036, ``Promoting Competition in the American
Economy'' July 9, 2021 Rule That Promotes Competition in the American
Economy
Past Performance of Subcontractors and Joint Venture Partners (DFARS
Case 2018-D055). RIN 0750-AK16
This rule implements section 823 of the National Defense
Authorization Act for Fiscal Year 2019, which establishes a requirement
for use of the best available information regarding past performance of
subcontractors and joint venture partners when awarding DoD
construction and architect-engineer contracts. Section 823 requires
annual performance evaluations for first-tier subcontractors and
individual parties to joint ventures performing construction and
architect-engineer contracts valued at either $750,000 or more, or 20
percent of the value of the prime contract (whichever is higher), in
accordance with specified conditions. In addition, processes for
exceptions from the annual evaluation requirement will be established
for construction and architect-engineer contracts where submission of
annual evaluations would not provide the best representation of the
performance of a contractor, including subcontractors and joint venture
partners under specified conditions. This rule will make it easier for
subcontractors and individual parties to joint ventures to establish a
record of their past performance. These entities will be able to take
credit for the work they performed on contracts and subcontracts, which
will help them be more competitive when bidding on future DoD
contracts. This will help increase competition for DoD contracts.
Modification of Prize Authority for Advanced Technology Achievements
(DFARS Case 2022-D014). RIN 0750-AL65
This rule implements section 822 of the National Defense
Authorization Act for Fiscal Year 2022 (Pub. L. 117-81). Section 822
revises 10 U.S.C. 2374a, redesignated as 10 U.S.C. 4025, regarding the
award of prizes for advanced technology achievement to: (1) authorize
the award of procurement contracts and other agreements ``as another
type of prize'' (as in other than cash prizes); (2) permit the award of
prizes, including procurement contracts and other agreements, in excess
of $10,000,000 with the approval of the Under Secretary of Defense for
Research and Engineering; and (3) require DoD provide Congress with
notice of an award of a procurement contract or other agreement under
this program that exceeds $10 million. This rule will help to expand
the Defense Industrial Base, thereby increasing competition for future
DoD contracts.
DFARS Buy American Act Requirements (DFARS Case 2022-D019). RIN 0750-
AL74
This rule implements the requirements of Executive Order 14005,
Ensuring the Future Is Made in All of America by All of America's
Workers. Changes to the Federal Acquisition Regulation (FAR) were made
via RIN 9000-AO22 (FAR Case 2021-008, Amendments to the FAR Buy
American Act Requirements). This rule makes conforming changes to the
DFARS.
Rules That Support National Security Efforts
Assessing Contractor Implementation of Cybersecurity Requirements
(DFARS Case 2019-D041). RIN 0750-AK81
The purpose of this rule is to ensure that Defense Industrial Base
(DIB) contractors will adequately protect sensitive unclassified
information at a level commensurate with the risk, accounting for
information flow down to its subcontractors in a multi-tier supply
chain.
Cybersecurity Maturity Model Certification (CMMC) Program. RIN 0790-
AL49
This rule establishes a requirement for Defense Industrial Base
(DIB) contractors to be assessed against the Cybersecurity Maturity
Model Certification (CMMC) requirements at Level 1, 2 or 3 to be
eligible for award of designated future DoD contracts. The CMMC Program
is designed to provide increased assurance to the DoD that defense
contractors and subcontractors are compliant with information
protection requirements for Federal Contract Information (FCI) and
Controlled Unclassified Information (CUI) and are protecting such
information at a level commensurate with risk from cybersecurity
threats.
Department of Defense (DoD)-Defense Industrial Base (DIB) Cybersecurity
(CS) Activities. RIN: 0790-AK86
This rule will allow a broader community of defense contractors to
access to relevant cyber threat
[[Page 9327]]
information the Department believes is critical in defending
unclassified networks and information systems and protecting DoD
warfighting capabilities. These revisions seek to address the
increasing cyber threat targeting all defense contractors by expanding
eligibility to defense contractors that process, store, develop, or
transmit DoD Controlled Unclassified Information (CUI). This rule is
part of DoD's approach to collaborate with industry to counter cyber
threats through information sharing.
Rules That Tackle the Climate Crisis and Protect the Environment
Policy and Procedures for Processing Requests To Alter U.S. Army Corps
of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408. RIN: 0710-
AB22
Where a party other than the USACE seeks to use or alter a Civil
Works project that USACE constructed, the proposed use or alteration is
subject to the prior approval of the USACE. Some examples of such
alterations include an improvement to the project; relocation of part
of the project; or installing utilities or other non-project features.
These alterations may be proposed by local or state governments, other
federal agencies, private corporations, or private citizens, for
example. This requirement was established in section 14 of the Rivers
and Harbors Act of 1899 and is codified at 33 U.S.C. 408 (section 408).
Section 408 provides that the USACE may grant permission for another
party to alter a Civil Works project, upon a determination that the
alteration proposed will not be injurious to the public interest and
will not impair the usefulness of the Civil Works project. The USACE is
proposing to convert its policy that governs the section 408 program to
a binding regulation. This policy, Engineer Circular 1165-2-220,
Policy, and Procedural Guidance for Processing Requests to Alter U.S.
Army Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408,
was issued in September 2018.
Natural Disaster Procedures: Preparedness, Response, and Recovery
Activities of the Corps of Engineers. RIN 0710-AA78
The U.S. Army Corps of Engineers (Corps) is proposing to update the
Federal regulation that covers the procedures that the Corps uses under
section 5 of the Flood Control Act of 1941, as amended (33 U.S.C.
701n), commonly referred to as Public Law 84-99. The Corps relies on
this program to prepare for, respond to, and help communities recover
from a flood, hurricane, or other natural disaster, including the
repair of damage to eligible flood risk reduction infrastructure. The
Corps initiated this rulemaking process through an advanced notice of
proposed rulemaking (ANPRM) on February 13, 2015. As a next step, the
Corps issued a notice of proposed rulemaking (NPRM) on November 11,
2022, which proposed to repeal the existing regulation and replace it
with a new regulation that addresses statutory changes under various
Water Resources Development Act provisions, reflects lessons learned
over the past 20 years, and incorporates agency policies now in
guidance relating to natural disaster procedures. Hurricane Katrina
(2005), Hurricane Sandy (2012), flooding on the Mississippi and
Missouri Rivers (2008, 2011, and 2013), and Hurricanes Harvey, Irma,
and Maria (2017) have provided a more detailed understanding of the
nature and severity of risk associated with flood control projects. In
addition, the maturation of risk-informed decision-making approaches
and technological advancements influenced the outlook on the
implementation of Public Law 84-99 activities, with a shift toward
better alignment with Corps Levee Safety and National Flood Risk
Management Programs, as well as the National Preparedness and Response
Frameworks. Through these programs, the Corps works with non-Federal
sponsors and stakeholders to assess, communicate, and manage the risks
to people, property, and the environment associated with levee systems
and flood risks.
Appendix C Procedures for the Protection of Historic Properties. RIN
0710-AB46
The U.S. Army Corps of Engineers (Corps) considers the effects of
its actions on historic properties pursuant to section 106 of the
National Historic Preservation Act (NHPA). The Corps' Regulatory
Program's regulations for complying with the NHPA are outlined at 33
CFR 325 Appendix C. Since these regulations were promulgated in 1990,
there have been amendments to the NHPA and revisions to the Advisory
Council on Historic Preservation's (ACHP) regulations at 36 CFR part
800. In response, the Corps issued interim guidance until rulemaking
could be completed in order to ensure full compliance with the NHPA and
ACHP's regulations. To demonstrate the greatest possible consistency
between the procedures used by the Corps Regulatory Program to comply
with NHPA when processing permit applications and the ACHP's NHPA
implementing regulations, the Corps is proposing to remove the
Regulatory Program's implementing regulations from its permitting
regulations. The Corps will instead follow the ACHP's NHPA implementing
regulations, relying on the flexibility in those regulations. The Corps
is also proposing to make conforming changes to its nationwide permit
program regulations.
Amendments to the Revised Definition of ``Waters of the United
States''. RIN: 0710-AB55
In April 2020, the EPA and the Department of the Army (``the
agencies'') published the Navigable Waters Protection Rule that revised
the previously codified definition of ``waters of the United States''
(85 FR 22250, April 21, 2020). The Navigable Waters Protection Rule was
vacated by courts. On January 18, 2023, the agencies issued a final
rule, ``Revised Definition of 'Waters of the United States''' (88 FR
3004) which became effective on March 20, 2023. On May 25, 2023, the
U.S. Supreme Court issued its decision in the case of Sackett v.
Environmental Protection Agency. In light of this decision, the
agencies are interpreting the phrase waters of the United States
consistent with the Supreme Court's decision in Sackett. The agencies
are developing a rule to amend the final ``Revised Definition of
'Waters of the United States''' rule, published in the Federal Register
on January 18, 2023, consistent with the U.S. Supreme Court's decision
in Sackett.
Rules That Address Military Family Matters
Definitions of Gold Star Family and Gold Star Survivor. RIN 0790-AL56
This rule implements section 626 of the FY 2022 NDAA to define the
terms ``gold star family'' and ``gold star survivor'' for consistent
use across all military departments. The Defense Department treats all
surviving family members equally and survivor benefits are the same
across the board unless their Service member is killed or dies from
causes under dishonorable conditions.
[[Page 9328]]
DOD--OFFICE OF THE SECRETARY (OS)
Proposed Rule Stage
19. Cybersecurity Maturity Model Certification (CMMC) Program [0790-
AL49]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 5 U.S.C. 301; Pub. L. 116-92, sec. 1648
CFR Citation: 32 CFR 170.
Legal Deadline: None.
Abstract: DoD is proposing to implement the Cybersecurity Maturity
Model Certification (CMMC) Framework, to help assess a Defense
Industrial Base (DIB) contractor's compliance with implementation of
cybersecurity requirements to safeguard Federal Contract Information
(FCI) and Controlled Unclassified Information (CUI) transiting non-
federal systems to help mitigate the treats posed by Advanced
Persistent Threats--adversaries with sophisticated levels of expertise
and significant resources.
Office of the DoD CIO/CMMC Program Management Office plans to host
a public meeting on the 32 CFR CMMC Program proposed rule after it is
published in the Federal Register for public review and comment.
Statement of Need: CMMC is designed to provide increased assurance
to the DoD that a DIB contractor can adequately protect sensitive
unclassified information (i.e., FCI and CUI) at a level commensurate
with the risk, and accounting for necessary information flow down to
its subcontractors in a multi-tier supply chain.
Summary of Legal Basis: 5 U.S.C. 301 authorizes the head of an
Executive department or military department to prescribe regulations
for the government of his or her department, the conduct of its
employees, the distribution and performance of its business, and the
custody, use, and preservation of its records, papers, and property.
41 U.S.C 1303; Public Law 116-92, sec. 1648 directs the Secretary
of Defense to develop a consistent, comprehensive framework to enhance
cybersecurity for the U.S. defense industrial base. Developing the CMMC
Program was as an important first step toward meeting these
requirements. *
Alternatives: DoD considered and adopted several alternatives
during the development of this rule that reduce the burden on the DIB
community and still meet the objectives of the rule. These alternatives
include: (1) maintaining status quo, leveraging only the current
requirements implemented in DFARS provision 252.204-7019 and DFARS
clause 252.204-7020 requiring DIB contractors and offerors to self-
assess utilizing the DoD Assessment Methodology and entering a Basic
Summary Score; (2) revising CMMC to reduce the burden for small
businesses and contractors who do not process, store or transmit
critical CUI by eliminating the requirement to hire a C3PAO and instead
allow self-assessment with affirmation to maintain compliance at CMMC
Level 1, and allowing triennial self-assessment with annual affirmation
to maintain compliance for some CMMC Level 2 programs; (3) exempting
contracts and orders exclusively for the acquisition of commercially
available off-the-shelf items; and, (4) implementing a phased
implementation for CMMC.
In addition, the Department took into consideration the timing of
the requirement to achieve a specified CMMC level: (1) at time of
proposal or offer submission, (2) after contract award, (3) at the time
of contract award, or (4) permitting government program managers to
seek approval to waive inclusion of a CMMC requirement in a
solicitation, subject to DoD internal policies, procedures, and waiver
approval requirements.
Anticipated Cost and Benefits: The theft of intellectual property
and sensitive information, including FCI and CUI, from all U.S.
industrial sectors due to malicious cyber activity threatens U.S.
economic and national security. The Council of Economic Advisors
estimates that malicious cyber activity cost the U.S. economy between
$57 billion and $109 billion in 2016. By incorporating heightened
cybersecurity standards into acquisition programs, the CMMC Program
provides the Department assurance that contractors and subcontractors
are meeting DoD's cybersecurity requirements and provides a key
mechanism to adapt to an evolving threat landscape.
Risks: The aggregate loss of intellectual property and certain
unclassified information from the DoD supply chain can undercut U.S.
technical advantages and innovation, as well as significantly increase
risk to national security.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: Federal.
Agency Contact: Diane L. Knight, Senior Management and Program
Analyst, Department of Defense, Office of the Secretary, 4800 Mark
Center Drive, Suite 12E08, Alexandria, VA 22350, Phone: 202 770-9100,
Email: [email protected].
RIN: 0790-AL49
DOD--OS
Final Rule Stage
20. Department of Defense (DOD)-Defense Industrial Base (DIB)
Cybersecurity (CS) Activities [0790-AK86]
Priority: Other Significant.
Legal Authority: 10 U.S.C. 391; 10 U.S.C. 2224; 44 U.S.C. 3541; 10
U.S.C. 393
CFR Citation: 32 CFR 236.
Legal Deadline: None.
Abstract: The DIB CS Program currently provides cyber threat
information to cleared defense contractors. Proposed revisions would
allow all defense contractors who process, store, develop, or transit
DoD controlled unclassified information to be eligible for the program
and to receive cyber threat information. Expanding participation will
allow a broader community of defense contractors to participate in the
DIB CS Program and is in alignment with the National Defense Strategy.
Statement of Need: The unauthorized access and compromise of DoD
unclassified information and operations poses an imminent threat to
U.S. national security and economic security interests and contractors
are being targeted on a daily basis. Many of these contractors are
small and medium size contractors that can benefit from partnering with
DoD to enhance and supplement their cybersecurity capabilities.
Summary of Legal Basis: This revised regulation supports the
Administration's effort to promote public-private cyber collaboration
by expanding eligibility for the DIB CS voluntary cyber threat
information sharing program to all defense contractors contractors who
process, store, develop, or transmit DoD controlled unclassified
information. This regulation aligns with DoD's statutory
responsibilities for cybersecurity engagement with those contractors
supporting the Department.
Alternatives: (1) No action alternative: Maintain status quo with
the ongoing voluntary cybersecurity program for cleared contractors.
(2) Next best alternative: DoD posts generic cyber threat information
and cybersecurity best practices on a public accessible
[[Page 9329]]
website without directly engaging participating companies.
Anticipated Cost and Benefits: Participation in the voluntary DIB
CS Program enables DoD contractors to access Government Furnished
Information and collaborate with the DoD Cyber Crime Center (DC3) to
better respond to and mitigate cyber threats. In order to join the DIB
CS Program, there is an initial labor burden to apply to the program
and provide point of contact information which is estimated to take 20
minutes per company. In addition, there is a cost for defense
contractors to voluntarily share cyber indicator information. DoD
estimates that each response will take a respondent two hours to
complete. The costs are under review as part of 0704-0489 and 0704-
0490. For DIB participants, this program provides cyber threat
information and technical assistance through analyst-to-analyst
exchanges, mitigation and remediation strategies, and cybersecurity
best practices in a collaborative environment for participating
companies.
Risks: Threats to unclassified information systems represent a risk
of compromise of DoD information and mission. This threat is
particularly acute for small and medium size companies with less mature
cybersecurity capabilities. Through collaboration with DoD and the
sharing with other contractors in the DIB CS Program, defense
contractors will be better prepared to mitigate the cyber risk they
face today and in the future.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/03/23 88 FR 27832
NPRM Comment Period End............. 06/20/23
Final Action........................ 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: Federal.
Agency Contact: Ms. Stacy Bostjanick, Director of CMMC, Department
of Defense, Office of the Secretary, 1550 Cystal Drive, Suite 1000-A,
Arlington, VA 22202, Phone: 703 604-3167, Email: [email protected].
RIN: 0790-AK86
DOD--08
21. Definitions of Gold Star Family and Gold Star Survivor [0790-AL56]
Priority: Other Significant.
Legal Authority: Pub. L. 117-81
CFR Citation: 32 CFR 46.
Legal Deadline: Final, Statutory, December 27, 2022, Sec. 626 of
the NDAA 2022 (Pub. L. 117-81). Section 626 of the NDAA 2022 (Pub, L.
117-81) requires publication of an interim final rule no later than one
year after the date of the enactment of this Act.
Abstract: This rule implements section 626 of the National Defense
Authorization Act for Fiscal Year 2022 (Pub. L. 117-81) to establish
standard definitions, for use across the military departments, of the
terms ``gold star family'' and ``gold star survivor.''
Statement of Need: The objective of the rule is to establish
standard definitions, for use across the military departments, of the
terms gold star family and gold star survivor.
Summary of Legal Basis: This rule is proposed under the authorities
of section 626(c) of Public Law 117-81, FY 2022 NDAA.
Alternatives: The alternative is to take no action.
Anticipated Cost and Benefits: The cost to publish this new rule
and update the Defense Department's policies is estimated at $900,000.
This includes the public's time to review the proposed rule and
resources needed to respond to any public comments, publish the interim
rule, revise policies, and possibly revamp the Navy and Coast Guard's
long-term case management programs.
Risks: This action does not reduce risks to public health, safety,
or the environment, or effect other risks within the jurisdiction of
the Defense Department.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 04/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Lisiane Valentine, Department of Defense, Office of
the Secretary, 4000 Defense Pentagon, Room 1C546, Washington, DC 20301,
Phone: 571 372-5319, Email: [email protected]
RIN: 0790-AL56
DOD--OS
Long-Term Actions
22. Nondiscrimination on the Basis of Disability in Programs or
Activities Assisted or Conducted by the DOD and in Equal Access to
Information and Communication Technology Used by DOD [0790-AJ04]
Priority: Other Significant.
CFR Citation: 32 CFR 56.
Abstract: The Department of Defense (DoD) is finalizing revisions
to implement Section 504 of the Rehabilitation Act of 1973, which
prohibits discrimination on the basis of disability in programs or
activities receiving Federal financial assistance from DoD and those
programs or activities conducted by DoD. The regulation also implements
section 508 of the Rehabilitation Act, which requires DoD make its
electronic and information technology accessible to individuals with
disabilities. Additionally, the regulation implements the Architectural
Barriers Act of 1968, which requires that DoD make facilities
accessible to individuals with disabilities. Finally, the regulation
updates the complaint resolution and enforcement procedures pursuant to
section 504 and the complaint resolution and enforcement procedures
pursuant to section 508.
Statement of Need: Finalization of this Department-wide rule will
clarify the longstanding policy of the Department. It will modernize
the Department's practices in addressing issues of discrimination. This
rule amends the Department's prior regulation to include updated
accessibility standards for recipients of Federal financial assistance
to be more user-friendly and to support individuals with disabilities.
This update incorporates the directive of Executive Order 14035,
Diversity, Equity, Inclusion, and Accessibility in the Federal
Workforce by defining, clarifying, advancing accessibility throughout
DoD programs and activities.
Summary of Legal Basis: Title 28, Code of Federal Regulations, part
41, implementing Executive Order 12250, assigns the DOJ responsibility
to coordinate implementation of section 504 of the Rehabilitation Act.
This rule is being finalized under the authorities of title 29,
U.S.C., chapter 16, subchapter V, sections 794 through 794d, codifying
legislation prohibiting discrimination on the basis of disability under
any program or activity receiving Federal financial assistance or under
any program or activity conducted by any Federal agency, including
[[Page 9330]]
provisions establishing the United States Access Board and requiring
Federal agencies to ensure that information and communication
technology is accessible to and usable by individuals with
disabilities.
Alternatives: The Department considered taking no new action and
continuing to rely on the existing regulation. The Department
considered issuing sub-regulatory guidance to clarify existing
regulation. Both options were rejected because of the need to update
and clarify the Department's obligations pursuant to section 504 and
section 508 of the Rehabilitation Act of 1973, as amended.
Anticipated Cost and Benefits: TBD.
Risks: Without this final rule, the Department's current regulation
is inconsistent with current Federal statutes and regulations, as well
as developments in Supreme Court jurisprudence, regarding unlawful
discrimination on the basis of disability. Consistent with
congressional intent, the provisions in the final rule are consistent
with the nondiscrimination provisions in DOJ regulations implementing
title II of the ADA Amendments Act (applicable to state and local
government entities).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/16/20 85 FR 43168
NPRM Comment Period End............. 09/14/20
Final Action........................ 11/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Dr. Lisa Arfaa, Department of Defense, Office of
the Secretary, 9999 Joint Staff Pentagon, Washington, DC 20318, Phone:
703 692-6878, Email: [email protected].
RIN: 0790-AJ04
DOD--DEFENSE ACQUISITION REGULATIONS COUNCIL (DARC)
Proposed Rule Stage
23. Assessing Contractor Implementation of Cybersecurity Requirements
(DFARS Case 2019-D041) [0750-AK81]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 41 U.S.C. 1303; Pub. L. 116-92, sec. 1648
CFR Citation: 48 CFR 204; 48 CFR 212; 48 CFR 217; 48 CFR 252.
Legal Deadline: None.
Abstract: DoD is amending an interim rule to implement the CMMC
framework 2.0 in order to protect against the theft of intellectual
property and sensitive information from the Defense Industrial Base
(DIB) sector. The CMMC framework, as defined in Title 32 of the Code of
Federal Regulations (CFR), assesses compliance with applicable
information security requirements. This rule provides the Department
with assurances that a DIB contractor can adequately protect sensitive
unclassified information at a level commensurate with the risk,
accounting for information flow down to its subcontractors in a multi-
tier supply chain.
Statement of Need: The purpose of this DFARS rule is to ensure that
Defense Industrial Base (DIB) contractors will adequately protect
sensitive unclassified information at a level commensurate with the
risk, accounting for information flow down to its subcontractors in a
multi-tier supply chain.
Summary of Legal Basis: This rule is being implemented under the
authority of 41 U.S.C. 1303 and section 1648 of the National Defense
Authorization Act for Fiscal Year (FY) 2020 (Pub. L. 116-92). The USD
(A&S) has the authority and responsibility for promulgating DoD
procurement rules under the OFPP statute, codified at title 41 of the
U.S. Code. Section 1648 of the National Defense Authorization Act for
Fiscal Year 2020 (Pub. L. 116-92) directs the Secretary of Defense to
develop a risk-based cybersecurity framework for the DIB sector, such
as CMMC, as the basis for a mandatory DoD standard.
Alternatives: DoD considered and adopted several alternatives
during the development of the interim rule that reduced the burden on
small entities and still meet the objectives of the rule. DoD will
consider similar alternatives for the amendment rule. One alternative
considered includes exempting contracts and orders exclusively for the
acquisition of commercially available off-the-shelf items.
Anticipated Cost and Benefits: The annualized value of costs
beginning in fiscal year 2021 (calculated in perpetuity in 2016 dollars
at a 7 percent discount rate) associated with implementing the CMMC
Framework in the published interim rule is $4 billion. The cost
analysis for CMMC 2.0 is being handled in the Title 32 CFR rule (RIN
0790-AL49). The primary benefit of this rule is improving the
protection of the Department's sensitive information and reducing the
threat to DIB sector intellectual property by:
Enabling assessments at the entity-level of contractor
implementation of cyber security processes and practices that should
already be in place;
Requiring comprehensive implementation of cybersecurity
requirements rather than plans of action to accomplish implementation;
Verifying DIB sector contractor and subcontractor
cybersecurity postures; and
Reducing duplicative or repetitive assessments of our
industry partners through standardization.
Risks: The theft of intellectual property and sensitive information
from all U.S. industrial sectors due to malicious cyber activity
threatens economic security and national security. Malicious cyber
actors have and continue to target the DIB sector and the supply chain
of the Department of Defense. These attacks not only focus on the large
prime contractors, but also target subcontractors that make up the
lower tiers of the DoD supply chain. Many of these subcontractors are
small entities that provide critical support and innovation. The
aggregate loss of intellectual property and certain unclassified
information from the DoD supply chain can undercut U.S. technical
advantages and innovation, as well as significantly increase risk to
national security.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule................... 09/29/20 85 FR 48513
Interim Final Rule Effective......... 11/30/20
NPRM................................. 03/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: Federal.
Public Compliance Cost: Base Year for Dollar Estimates: $2,021.
Agency Contact: Jennifer D. Johnson, Office of the Under Secretary
of Defense for Acquisition and Sustainment, Department of Defense,
Defense Acquisition Regulations Council, Defense Pricing and
Contracting, Defense Acquisition Regulations System, Room 3B938, 3060
Pentagon, Washington, DC 20301-3060, Phone: 703 717-8226, Email:
[email protected].
Related RIN: Split from 0750-AL68, Related to 0790-AL49
RIN: 0750-AK81
[[Page 9331]]
DOD--DARC
24. Modification of Prize Authority for Advanced Technology
Achievements (DFARS Case 2022-D014) [0750-AL65]
Priority: Other Significant.
Legal Authority: 41 U.S.C. 1303; 10 U.S.C. 4025; Pub. L. 117-81,
sec. 822
CFR Citation: 48 CFR 235.
Legal Deadline: None.
Abstract: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement to implement section 822 of the National Defense
Authorization Act for Fiscal Year 2022, which revises 10 U.S.C. 2374a,
redesignated as 10 U.S.C. 4025, regarding the award of prizes for
advanced technology achievement to: (1) authorize the award of
procurement contracts and other agreements ``as in other type of
prize'' (as in other than cash prizes); (2) permit the award of prizes,
including procurement contracts and other agreements, in excess of
$10,000,000 with the approval of the Under Secretary of Defense for
Research and Engineering; and (3) require DoD provide Congress with
notice of an award of a procurement contract or other agreement under
this program that exceeds $10 million.
Statement of Need: This rule is necessary to implement section 822
of the National Defense Authorization Act for Fiscal Year 2022 (Pub. L.
117-81). Section 822 revises 10 U.S.C. 2374a, redesignated as 10 U.S.C.
4025, regarding the award of prizes for advanced technology achievement
to: (1) authorize the award of procurement contracts and other
agreements as an other type of prize (as in other than cash prizes);
(2) permit the award of prizes, including procurement contracts and
other agreements, in excess of $10,000,000 with the approval of the
Under Secretary of Defense for Research and Engineering; and (3)
require DoD provide Congress with notice of an award of a procurement
contract or other agreement under this program that exceeds $10
million.
Summary of Legal Basis: The legal basis for this rule is 41 U.S.C.
1303 and section 822 of Public Law 117-81.
Alternatives: There are no alternatives that would meet the
requirements of section 822 of Public Law 117-81.
Anticipated Cost and Benefits: This rule will help to expand the
Defense Industrial Base, thereby increasing competition for future DoD
contracts.
Risks: The difficulty of accessing advanced technologies creates a
risk for DoD with regard to finding solutions and obtaining products
and services that meet the Department's needs.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Federal.
Agency Contact: Jennifer D. Johnson, Office of the Under Secretary
of Defense for Acquisition and Sustainment, Department of Defense,
Defense Acquisition Regulations Council, Defense Pricing and
Contracting, Defense Acquisition Regulations System, Room 3B938, 3060
Pentagon, Washington, DC 20301-3060, Phone: 703 717-8226, Email:
[email protected].
RIN: 0750-AL65
DOD--DARC
Final Rule Stage
25. Past Performance of Subcontractors and Joint Venture Partners
(DFARS Case 2018-D055) [0750-AK16]
Priority: Other Significant.
Legal Authority: 41 U.S.C. 1303; Pub. L. 115-232, sec. 823
CFR Citation: 48 CFR 215; 48 CFR 236; 48 CFR 242; 48 CFR 252.
Legal Deadline: Final, Statutory, February 9, 2019, 180 days after
enactment.
Abstract: DoD is issuing a final rule to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement section 823 of
the National Defense Authorization Act for Fiscal Year 2019, which
establishes a requirement for use of the best available information
regarding past performance of subcontractors and joint venture partners
when awarding DoD construction and architect-engineer (A&E) contracts.
Section 823 requires annual performance evaluations for first-tier
subcontractors and individual partners of joint venture construction
and A&E contracts valued at either $750,000 or more, or 20 percent of
the value of the prime contract (whichever is higher), in accordance
with specified conditions. In addition, processes for exceptions from
the annual evaluation requirement will be established for construction
and A&E contracts where submission of annual evaluations would not
provide the best representation of the performance of a contractor,
including subcontractors and joint venture partners under specified
conditions. This rule will amend DFARS part 242 to incorporate these
new requirements and processes.
Statement of Need: This rule is necessary to implement section 823
of the National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232), which establishes a requirement for use of the best available
information regarding past performance of subcontractors and joint
venture partners when awarding DoD construction and architect-engineer
contracts. Section 823 requires annual performance evaluations for
first-tier subcontractors and individual parties to joint ventures
performing construction and architect-engineer contracts valued at
either $750,000 or more, or 20 percent of the value of the prime
contract (whichever is higher), in accordance with specified
conditions. In addition, processes for exceptions from the annual
evaluation requirement will be established for construction and
architect-engineer contracts where submission of annual evaluations
would not provide the best representation of the performance of a
contractor, including subcontractors and joint venture partners under
specified conditions.
Summary of Legal Basis: The legal basis for this rule is 41 U.S.C.
1303 and section 823 of Public Law 115-232.
Alternatives: There are no alternatives that would meet the
requirements of section 823 of Public Law 115-232.
Anticipated Cost and Benefits: This rule will make it easier for
subcontractors and individual parties to joint ventures to establish a
record of their past performance. These entities will be able to take
credit for the work they performed on contracts and subcontracts, which
will help them be more competitive when bidding on future DoD
contracts. This will help increase competition for DoD contracts.
Risks: Due to the difficulty of establishing a record of past
performance on DoD contracts, there is a risk of reduced
competitiveness for subcontractors and individual parties to joint
ventures.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/20/21 86 FR 27358
NPRM Comment Period End............. 07/19/21
Final Action........................ 07/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses.
Government Levels Affected: Federal.
Agency Contact: Jennifer D. Johnson, Office of the Under Secretary
of Defense for Acquisition and Sustainment, Department of Defense,
Defense Acquisition Regulations Council, Defense Pricing and
Contracting,
[[Page 9332]]
Defense Acquisition Regulations System, Room 3B938, 3060 Pentagon,
Washington, DC 20301-3060, Phone: 703 717-8226, Email:
[email protected].
RIN: 0750-AK16
DOD--DARC
26. Small Business Innovation Research Program Data Rights (DFARS Case
2019-D043) [0750-AK84]
Priority: Other Significant.
Legal Authority: 41 U.S.C. 1303
CFR Citation: 48 CFR 227; 48 CFR 252.
Legal Deadline: None.
Abstract: DoD is issuing a final rule to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement changes related
to data rights in the Small Business Administration's Policy Directive
for the Small Business Innovation Research (SBIR) Program, published in
the Federal Register on April 2, 2019 (84 FR 12794). The final SBA
Policy Directive includes several revisions to clarify data rights,
which require corresponding revisions to the DFARS.
Statement of Need: This rule is necessary to implement the Small
Business Administration (SBA) policies related to data rights in the
Small Business Innovation Research (SBIR) Program and Small Business
Technology Transfer (STTR) Program Policy Directive, published in the
Federal Register on April 2, 2019 (84 FR 12794). The final SBA Policy
Directive includes several revisions to clarify data rights, which
require corresponding revisions to the DFARS.
Summary of Legal Basis: The legal basis for this rule is 15 U.S.C.
638, which provides the authorization, policy, and framework for SBIR/
STTR programs.
Alternatives: There are no alternatives that would meet the stated
objective of this rule.
Anticipated Cost and Benefits: While specific costs and savings
have not been quantified, this rule is expected to have significant
benefit for small businesses participating in the DoD SBIR and STTR
programs. SBIR and STTR enable small businesses to explore their
technological potential and provide the incentive to profit from its
commercialization. By including qualified small businesses in the
nation's research and development arena, high-tech innovation is
stimulated, and the United States gains entrepreneurial spirit as it
meets its specific research and development needs.
Risks: The continuous protection of a contractor's SBIR/STTR data
while actively pursuing or commercializing its technology with the
Federal Government, provides a significant incentive for innovative
small businesses to participate in these programs.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 08/31/20 85 FR 53758
Correction.......................... 09/21/20 85 FR 59258
ANPRM Comment Period End............ 10/30/20
Comment Period Extended............. 12/04/20 85 FR 78300
ANPRM Comment Period End............ 01/31/21
NPRM................................ 12/19/22 87 FR 77680
Correction.......................... 12/23/22 87 FR 78911
Comment Period Extended............. 02/14/23 88 FR 9420
NPRM Comment Period End............. 02/17/23
NPRM Comment Period End............. 03/20/23
Final Action........................ 02/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal.
Agency Contact: Jennifer D. Johnson, Office of the Under Secretary
of Defense for Acquisition and Sustainment, Department of Defense,
Defense Acquisition Regulations Council, Defense Pricing and
Contracting, Defense Acquisition Regulations System, Room 3B938, 3060
Pentagon, Washington, DC 20301-3060, Phone: 703 717-8226, Email:
[email protected].
RIN: 0750-AK84
DOD--DARC
27. DFARS Buy American Act Requirements (DFARS Case 2022-D019) [0750-
AL74]
Priority: Other Significant.
Legal Authority: 41 U.S.C. 1303
CFR Citation: 48 CFR 225; 48 CFR 252.
Legal Deadline: None.
Abstract: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement the requirements
of Executive Order 14005, Ensuring the Future Is Made in All of America
by All of America's Workers. Changes to the Federal Acquisition
Regulation (FAR) are being made via RIN 9000-AO22 (FAR Case 2021-008,
Amendments to the FAR Buy American Act Requirements). This rule makes
conforming changes to the DFARS.
Statement of Need: This rule is necessary to implement Executive
Order 14005, Ensuring the Future Is Made in All of America by All of
America's Workers, which increases the required percentage of domestic
content for end products and construction material. Changes to the
Federal Acquisition Regulation (FAR) are being made via RIN 9000-AO22
(FAR Case 2021-008, Amendments to the FAR Buy American Act
Requirements). This rule proposes conforming changes to the DFARS.
Summary of Legal Basis: The legal basis for this rule is 41 U.S.C.
1303 and Executive Order 14005, Ensuring the Future Is Made in All of
America by All of America's Workers.
Alternatives: There are no alternatives that would meet the
requirements of Executive Order 14005.
Anticipated Cost and Benefits: This rule increases the percentage
for use in the domestic content text applied to offers of end products
and construction materials to determine domestic or foreign origin. The
rule will strengthen domestic preferences under the Buy American
statute. It is expected that this rule will benefit large and small
U.S. manufacturers supplying domestic end products and materials.
Risks: There is a risk that U.S. manufacturers would experience a
competitive disadvantage without the increase in the required domestic
content.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/09/23 88 FR 37942
NPRM Comment Period End............. 08/08/23
Final Action........................ 12/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal.
Agency Contact: Jennifer D. Johnson, Office of the Under Secretary
of Defense for Acquisition and Sustainment, Department of Defense,
Defense Acquisition Regulations Council, Defense Pricing and
Contracting, Defense Acquisition Regulations System, Room 3B938, 3060
Pentagon, Washington, DC 20301-3060, Phone: 703 717-8226, Email:
[email protected].
RIN: 0750-AL74
[[Page 9333]]
DOD--U.S. ARMY CORPS OF ENGINEERS (COE)
Proposed Rule Stage
28. Policy and Procedures for Processing Requests To Alter U.S. Army
Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408
[0710-AB22]
Priority: Other Significant.
Legal Authority: 33 U.S.C. 408
CFR Citation: 33 CFR 350.
Legal Deadline: None.
Abstract: Where a party other than the U.S. Army Corps of Engineers
(Corps) seeks to use or alter a Civil Works project that the Corps
constructed, the proposed use or alteration is subject to the prior
approval of the Corps. Some examples of such alterations include an
improvement to the project; relocation of part of the project; or
installing utilities or other non-project features. This requirement
was established in section 14 of the Rivers and Harbors Act of 1899 and
is codified at 33 U.S.C. 408 (section 408). Section 408 provides that
the Corps may grant permission for another party to alter a Civil Works
project upon a determination that the alteration proposed will not be
injurious to the public interest and will not impair the usefulness of
the Civil Works project. The Corps is proposing to convert its policy
that governs the section 408 program to a binding regulation. This
policy, Engineer Circular 1165-2-220, Policy and Procedural Guidance
for Processing Requests to Alter U.S. Army Corps of Engineers Civil
Works Projects Pursuant to 33 U.S.C. 408, was issued in September 2018.
The Corps conducted six virtual listening sessions in the summer of
2022 to solicit feedback on the Section 408 program from Section 408
applicants and Non-federal partners. The feedback was helpful to
understanding the challenges, best practices, and future opportunities
with the Section 408 program and helped inform development of the
proposed rule. Additional sessions will be conducted once the draft
rule is published in the Federal Register. The Corps will widely
publicize the dates and times of the additional listening sessions to
Section 408 applicants, non-federal sponsors and partners by posting on
Corps websites (the Corps HQ website can be found here: https://www.usace.army.mil/Missions/Civil-Works/Section408/) and utilize
existing email distribution lists of interested parties.
Statement of Need: Through the Civil Works program, the U.S. Army
Corps of Engineers (Corps), in partnership with stakeholders, has
constructed many Civil Works projects across the Nation's landscape.
Given the widespread locations of these projects, others outside of the
Corps sometimes want to alter or occupy these projects or the
associated lands. Reasons for alterations could include activities such
as improvements to the project; relocation of part of the project; or
installing utilities or other non-project features. In order to ensure
that these projects continue to provide their intended benefits to the
public, Congress provided that any use or alteration of a Civil Works
project by another party is subject to the prior approval of the Corps.
This requirement was established in section 14 of the Rivers and
Harbors Act of 1899 and is codified at 33 U.S.C. 408 (section 408).
Specifically, section 408 provides that the Corps may grant permission
for another party to alter a Civil Works project upon a determination
that the alteration proposed will not be injurious to the public
interest and will not impair the usefulness of the Civil Works project.
The Corps is proposing to convert its policy that governs the section
408 program to a binding regulation. Engineer Circular 1165-2-220,
Policy and Procedural Guidance for Processing Requests to Alter U.S.
Army Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408
was issued in September 2018.
Summary of Legal Basis: The Corps operates the section 408 program
under 33 U.S.C. 408.
Alternatives: The preferred alternative is to conduct rulemaking to
issue the requirements governing the section 408 review process in the
form of a binding regulation. The current Corps policy appears in an
Engineer Circular that has expired. The next best alternative would
involve issuing these requirements in the form of an Engineer
Regulation. That alternative would not fulfill the intent of the law
because it would not be binding on the regulated public.
Anticipated Cost and Benefits: The proposed rule would reduce costs
to the regulated public by clarifying the applicable requirements and
providing consistent implementation of these requirements nationwide
across the Corps program. It is anticipated that a form would be
developed for submission of requests which could help to reduce the
cost to prepare a section 408 request.
Risks: The proposed action is not anticipated to affect the risk to
public health, safety, or the environment. It would outline the
procedures the Corps will follow when evaluating requests for section
408 permissions. The Corps will comply with all statutory requirements
when reviewing requests.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Virginia Rynk, Department of Defense, U.S. Army
Corps of Engineers, Attn: CECW-EC, 441 G Street NW, Washington, DC
20314, Phone: 202 761-4741.
RIN: 0710-AB22
DOD-COE
29. Flood Control Cost-Sharing Requirements Under the Ability To Pay
Provision [0710-AB34]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Unfunded Mandates: Undetermined.
Legal Authority: 33 U.S.C. 2213(m)
CFR Citation: 33 CFR 241.
Legal Deadline: None.
Abstract: Section 103(m) of the Water Resources Development Act
(WRDA) of 1986, as amended (33 U.S.C. 2213(m)), authorizes the U.S.
Army Corps of Engineers (Corps) to reduce the non-Federal share of the
cost of a study or project for certain communities that are not able
financially to afford the standard non-Federal cost-share. Part 241 of
Title 33 in the Code of Federal Regulations provides the criteria that
the Corps uses in making these determinations where the primary purpose
of the study or project is flood damage reduction. The proposed rule
would update this regulation, by broadening its applicability to
include projects with other purposes (instead of just flood damage
reduction) and the feasibility study of a project (instead of just
design and construction).
Statement of Need: The Corps will conduct rulemaking to propose
amendments to the Corps' regulations at 33 CFR part 241 for Corps
projects. The WRDA 2000 modified section 103(m) to include the projects
with the following purposes: environmental protection and restoration,
flood control, navigation, storm damage protection, shoreline erosion,
hurricane protection, and recreation or an agricultural water supply
project which have not yet been added to the regulation. It also
included the opportunity to cost share all phases of a USACE project to
also include feasibility studies in addition to the
[[Page 9334]]
already covered design and construction. This rule would update the
framework for determining whether a project is eligible for
consideration for a reduction in the non-Federal cost share based on
ability to pay.
Summary of Legal Basis: 33 U.S.C. 2213(m).
Alternatives: The preferred alternative is to conduct rulemaking to
amend 33 CFR 241 by broadening the project purposes for which the Corps
could reduce the non-Federal cost-share based on ability to pay and by
allowing such a reduction for feasibility studies. The next best
alternative would be to provide additional guidance instead of amending
the existing regulation. This alternative could lead to confusion for
the regulated public.
Anticipated Cost and Benefits: The proposed rule would add Corps
procedures on the ability to pay provision allowing for consistent
implementation across the Corps and clear understanding of the program
and its requirements by the regulated public.
Risks: The proposed action is not anticipated to affect risk to
public health, safety, or the environment. It would outline the
procedures the Corps will follow when evaluating the ability to pay
provision for cost-sharing with the non-Federal sponsor.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: None.
Agency Contact: Amy Frantz, Program Manager, Department of Defense,
U.S. Army Corps of Engineers, CECW-P, 441 G Street NW, Washington, DC
20314, Phone: 202 761-0106, Email: [email protected].
Related RIN: Previously reported as 0710-AA91
RIN: 0710-AB34
DOD--COE
30. USACE Implementing Procedures for Principles, Requirements, and
Guidelines Applicable to Actions Involving Investment in Water
Resources [0710-AB41]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Unfunded Mandates: Undetermined.
Legal Authority: sec. 2031 of Pub. L. 110-114
CFR Citation: Not Yet Determined.
Legal Deadline: None.
Abstract: Section 2031 of the Water Resources Development Act of
2007 (Pub. L. 110-114) called for revisions to the 1983 Principles and
Guidelines for Water and Land Related Resources Implementation Studies,
resulting in the issuance of the Principles and Requirements (P&R)
guidance document in March 2013 and the Interagency Guidelines in
December 2014, which together comprise the Principles, Requirements,
and Guidelines (PR&G). The PR&G are intended to provide a common
framework and policy guidance for analyzing a diverse range of water
resources projects, programs, activities, and related actions involving
Federal investment in water resources. The U.S. Army Corps of Engineers
(Corps) plans to propose a regulation to show how it would apply the
PR&G to the Corps' civil works program and authorities. In this
proposed regulation, the Corps intends to increase consistency and
compatibility in its Federal water resources investment decision making
to include considerations such as analyzing a broader range of long-
term costs and benefits, enhancing collaboration, including a more
thorough and transparent risk and uncertainty analyses, and improving
resilience for dealing with emerging challenges, including climate
change.
The Department of the Army completed an outreach strategy and
engagement effort through publication of a Federal Register notice in
June 2022 on the PR&G. This engagement effort included an open docket
for submission of comments, a series of virtual meetings with the
public, and a series of virtual meetings with Tribes to solicit early
input prior to embarking on a rulemaking action on agency specific
procedures outlining how the Corps can best meet the policy goals of
PR&G. The Corps will consider the input received during these
engagements to inform the development of the proposed rule.
Statement of Need: The Corps is developing implementing procedures
for the Principles, Requirements, and Guidelines (PR&G) under section
110 of the Water Resources Development Act of 2020.
Summary of Legal Basis: Section 110 of the Water Resources
Development Act of 2020 provided for the Secretary of the Army to issue
agency specific guidelines to implement the PR&G. Also see section 2031
of Public Law 110-114.
Alternatives: The Corps could implement PR&G with guidance rather
than through rulemaking; however, such procedures would not be binding.
As an alternative, the Corps could seek to rely solely on the PR&G
documents to implement PR&G in lieu of developing its own procedures.
This could result in confusion and a lack of consistency for the Corps
as to how and when it would apply the PR&G in the Civil Works program.
The Corps decided to conduct this rulemaking to ensure the PR&G
implementing procedures are clear for the Corps and the public as well
as binding.
Anticipated Cost and Benefits: As this rulemaking is developing
procedures for the Corps to implement to ensure compliance with the
PR&G, there may be some administrative costs incurred to the Corps for
implementation-related training. There also would be benefits that
accrue to the public in some cases in the form of improved outcomes in
Corps decisions related to proposed and ongoing water resource
development projects.
Risks: The proposed action is not anticipated to increase risk to
public health, safety, or the environment, but could potentially help
to reduce such risks in some cases.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Agency Contact: Stacey M. Jensen, Office of the Assistant Secretary
of the Army, Department of Defense, U.S. Army Corps of Engineers, 108
Army Pentagon, Washington, DC 22202, Phone: 703 695-6791, Email:
[email protected].
RIN: 0710-AB41
DOD--COE
31. Appendix C Procedures for the Protection of Historic Properties
[0710-AB46]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Unfunded Mandates: Undetermined.
Legal Authority: 33 U.S.C. 401; 33 U.S.C. 1344; 33 U.S.C. 1413
CFR Citation: 33 CFR 325.
Legal Deadline: None.
Abstract: The U.S. Army Corps of Engineers (Corps) considers the
effects of its actions on historic properties pursuant to section 106
of the National Historic Preservation Act (NHPA). The Corps' Regulatory
Program's regulations for complying with the NHPA are outlined at 33
CFR 325 appendix C. Since these regulations were promulgated in 1990,
there have been
[[Page 9335]]
amendments to the NHPA and revisions to the Advisory Council on
Historic Preservation's (ACHP) regulations at 36 CFR part 800. In
response, the Corps issued interim guidance until rulemaking could be
completed in order to ensure full compliance with the NHPA and ACHP's
regulations. The Corps proposes to revise its regulations to conform to
the ACHP regulations.
The Department of the Army completed an outreach strategy and
engagement effort through publication of a Federal Register notice in
June 2022 to solicit comment on the best approach to modernize Appendix
C. This engagement effort included an open docket for submission of
comments, a series of virtual meetings with the public, and a series of
virtual meetings with Tribes to solicit early input prior to embarking
on a rulemaking action on Appendix C. The input received from these
efforts will help inform this action.
Statement of Need: Appendix C provides the implementing procedures
for the Regulatory Program's compliance with section 106 of the
National Historic Preservation Act. Rulemaking is required to ensure
the Regulatory Program is compliant with the NHPA and ACHP's
implementing regulations at 36 CFR 800 for federal agency compliance
with Section 106. The NHPA and the ACHP regulations have been revised
since Appendix C was promulgated.
Summary of Legal Basis: Appendix C was promulgated through an APA
rulemaking process intended to provide compliance with section 106 of
the NHPA specific to the Regulatory Program.
Alternatives: The preferred alternative is to remove the Regulatory
Program's implementing regulations (i.e., appendix C) from its
permitting regulations and instead follow the ACHP's NHPA implementing
regulations. Other alternatives considered include retaining the
current appendix C, which does not reflect the current versions of the
NHPA or the ACHP implementing regulations for federal agencies or
current Federal policies regarding Tribal Nations. Another alternative
is to modify Appendix C by incorporating changes made since 1990 to the
NHPA and the ACHP implementing regulations.
Anticipated Cost and Benefits: As this rulemaking action is
implementing procedures for the Corps to ensure compliance with the
NHPA, there may be some administrative costs incurred to the Corps for
training. There would be benefits accrued to the public in the form of
reduced confusion and assurance of consideration of potential adverse
effects to historic properties and items and areas of cultural/
religious significance.
Risks: The proposed action is not anticipated to increase risk to
public health, safety, or the environment because it outlines the
procedures the Corps will follow for implementing a federal statutory
requirement. The Corps will comply with all statutory requirements when
reviewing permit applications.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: None.
Federalism: Undetermined.
Agency Contact: Margaret Gaffney-Smith, Regulatory Program Manager,
Department of Defense, U.S. Army Corps of Engineers, Attn: CECW-CO, 441
G Street NW, Washington, DC 20314, Phone: 202 761-4229.
RIN: 0710-AB46
DOD--COE
Final Rule Stage
32. Natural Disaster Procedures: Preparedness, Response, and Recovery
Activities of the Corps of Engineers [0710-AA78]
Priority: Other Significant.
Legal Authority: 33 U.S.C. 701n
CFR Citation: 33 CFR 203.
Legal Deadline: None.
Abstract: The U.S. Army Corps of Engineers (Corps) is finalizing an
update to the Federal regulation that covers the procedures that the
Corps uses under section 5 of the Flood Control Act of 1941, as amended
(33 U.S.C. 701n), commonly referred to as Public Law 84-99. The Corps
relies on this program to prepare for, respond to, and help communities
recover from a flood, hurricane, or other natural disaster, including
the repair of damage to eligible flood risk reduction infrastructure.
The Corps initiated this rulemaking process through an advanced notice
of proposed rulemaking (ANPRM) on February 13, 2015. The Corps
published a notice of proposed rulemaking (NPRM) on November 15, 2022.
The NPRM included a summary of the comments to the ANPRM. The NPRM
proposed to repeal the existing regulation and replace it with a new
regulation that addresses statutory changes under various Water
Resources Development Act provisions, reflects lessons learned over the
past 20 years, and incorporates agency policies now in guidance
relating to natural disaster procedures.
In 2015, the Corps published an Advance Notice of Proposed Rule
Making (ANPR) in the Federal Register for a 60 day public comment
period on policy revision concepts being considered for 33 CFR part
203. The Corps then published proposed revisions to 33 CFR part 203 in
the Federal Register with a public comment period from November 15,
2022 to January 17, 2023. The Corps hosted nine regional workshops in
Kansas City, MO; Fort Worth, TX; Seattle, WA; Sacramento, CA; Chicago,
IL; Rock Island, IL; New Orleans, LA; and Wilmington, NC; Concord, MA;
and two webinars to solicit input from interested parties. The Corps
also met with two Tribal Nations for direct consultation and input. The
final rule will address the input received by the Corps through the
comment and public engagement process.
Statement of Need: Since the last revision in 2003, significant
disasters, including Hurricane Katrina (2005), Hurricane Sandy (2012),
flooding on the Mississippi and Missouri Rivers (2008, 2011, and 2013),
and Hurricanes Harvey, Irma, and Maria (2017) led to a great
understanding of the nature and severity of risk associated with flood
and storm damage reduction projects. In addition, the maturation of
risk-informed decision making approaches and technological advancements
have influenced the outlook on the implementation of Public Law 84-99
activities, with a shift toward better alignment with Corps Levee
Safety and National Flood Risk Management Programs, as well as the
National Preparedness and Response Frameworks. Through these programs,
the Corps works with non-Federal sponsors and stakeholders to assess,
communicate, and manage the risks to people, property, and the
environment associated with levee systems and flood risks. Revisions to
part 203 also would implement certain statutes that amended or
otherwise affected Public Law 84-99, as explained in the next section.
Summary of Legal Basis: Public Law 84-99 authorizes an emergency
fund to be expended at the discretion of the Chief of Engineers for
preparation for natural disasters, flood fighting, rescue operations,
repairing or restoring flood control works, emergency protection of
federally authorized hurricane or shore protection projects, and the
repair and restoration of federally authorized
[[Page 9336]]
hurricane and shore protection projects damaged or destroyed by wind,
wave, or water of other than ordinary nature.
1. Subsection 3029(a) of the Water Resources Reform and Development
Act of 2014 (WRRDA 2014) (Pub. L. 113-121) authorized the Chief of
Engineers, under certain circumstances, to make modifications to flood
control and hurricane or shore protections works damaged during flood
or coastal storms events, as well as the authority to implement
nonstructural alternatives in the repair and restoration of hurricane
or shore protection works.
2. Subsection 3029(b) of WRRDA 2014 authorized the Secretary of the
Army to undertake a review of implementation of Public Law 84-99 to
improve the safety of affected communities to future flooding and storm
events; the resiliency of water resources development projects to
future flooding and storm events; the long-term cost-effectiveness of
water resources development projects that provide flood control and
hurricane and storm damage reduction benefits; and achieve certain
other policy goals and objectives.
3. Section 3011 of WRRDA 2014 states that a levee system shall
remain eligible for rehabilitation assistance under Public Law 84-99,
as long as the system sponsor continues to make satisfactory progress,
as determined by the Secretary of the Army, on an approved system wide
improvement framework or letter of intent.
4. Section 1176 of the Water Resources Development Act of 2016
(WRDA 2016) (Pub. L. 114-322, title I) provided an express definition
of nonstructural alternatives, as that term is used in Public Law 84-
99, and authorized the Chief of Engineers, under certain circumstances,
to increase the level of protection of flood control or hurricane or
shore protection works or increase the capacity of a pumping station
when conducting repair or restoration activities to such works under
Public Law 84-99.
Alternatives:
1. No rule update: Continue to implement all changes through agency
guidance documents and agency discretion.
2. Modify: Incorporate in the rule only those changes related to
changes in the program that the Congress has mandated in law.
3. Repeal and replace (Selected Alternative): Incorporate and
integrate the current state of practice for flood risk management
principles and concepts through the provision of agency policy codified
in a federal rule. The intended benefit is to encourage broader
community flood risk management activities, as undertaken by non-
Federal project sponsors. The rule alternative also consolidates recent
Public Law 84-99 amendments into one comprehensive rule, ensuring the
public understands how the Corps would implement them.
Anticipated Cost and Benefits: Overall, the purpose of the proposed
changes to this regulation is to improve the effectiveness of Federal
and local investments to reduce flood risks in both riverine and
coastal settings. These proposed changes take advantage of our
increased understanding of flood and storm risks, moving from an
assessment of how the project is expected to perform to a focus on a
broader set of actions to reduce risk to life, including operations,
maintenance, planning, and execution actions to improve emergency
warning and evacuation and other activities to improve the ability of
communities and individuals to understand and manage project-related
risks. Informed by more detailed understanding of risk for levee
systems, the Federal Government and non-Federal sponsors should be able
to apply the available resources to the risk management activities that
most effectively reduce riverine flood risk and avoid expenditures that
have little risk reduction benefit.
Risks: The rule would repeal and replace the current 33 CFR 203 in
order to reflect the current state of practice for flood risk
management principles and concepts. It would also amend and clarify the
current role of the Corps in preparing for, and responding a natural
disaster, and in helping in the recovery effort. The rule may also
encourage broader community flood risk management activities, as
undertaken by non-Federal project sponsors.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 02/13/15 80 FR 8014
ANPRM Comment Period End............ 04/14/15
NPRM................................ 11/15/22 87 FR 68386
NPRM Comment Period End............. 02/16/23
Final Action........................ 02/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Willem Helms, Department of Defense, U.S. Army
Corps of Engineers, CECW-HS, 441 G Street NW, Washington, DC 20314,
Phone: 202 761-5909, Email: [email protected].
RIN: 0710-AA78
DOD--COE
Completed Actions
33. Credit Assistance for Water Resources Infrastructure Projects
[0710-AB31]
Priority: Other Significant.
Legal Authority: Pub. L. 114-94; Pub. L. 114-322; Pub. L. 115-270;
33 U.S.C. 3901
CFR Citation: 33 CFR 386.
Legal Deadline: None.
Abstract: The U.S. Army Corps of Engineers (Corps) issued a final
rule to implement a new credit assistance program for dam safety work
at non-Federal dams. The program is authorized under the Water
Infrastructure Finance and Innovation Act of 2014 (WIFIA) and Division
D, title 1 of the Consolidated Appropriations Act of 2020. WIFIA
authorizes the Corps to provide secured (direct) loans and loan
guarantees (Federal Credit instruments) to eligible water resources
infrastructure projects and to charge fees to recover all or a portion
of the Corps' cost of providing credit assistance and the costs of
conducting engineering reviews and retaining expert firms, including
financial and legal services, to assist in the underwriting and
servicing of Federal credit instruments. Projects will be evaluated and
selected by the Secretary of the Army (the Secretary) based on the
requirements and the criteria described in this rule.
Statement of Need: The Corps' WIFIA program is focused on providing
Federal loans, and potentially to also include loan guarantees, to
projects for maintaining, upgrading, and repairing dams identified in
the National Inventory of Dams owned by non-federal entities. These
loans will be repaid with non-Federal funding.
Summary of Legal Basis: The Corps WIFIA program was authorized
under subtitle C of title V of the Water Resources Reform and
Development Act of 2014 (WRRDA 2014), which authorizes the Corps to
provide secured (direct) loans, and potentially to also include loan
guarantees, to eligible water resources infrastructure projects (needed
further authorization was provided by Division D, title 1 of the
Consolidated Appropriations Act of 2020). The statute also authorizes
the Corps to charge fees to recover all or a portion of the Corps' cost
of providing credit assistance and the costs of conducting engineering
reviews and retaining expert firms, including financial and legal
services, to assist in the underwriting and servicing of Federal credit
instruments.
[[Page 9337]]
The Fiscal 2021 Consolidated Appropriations Act, provided the Corps
WIFIA appropriations of $2.2M admin, and $12M credit subsidy and a loan
volume limit of $950M. These appropriated funds are limited to fund
projects focused on maintaining, upgrading, and repairing dams
identified in the National Inventory of Dams owned by non-federal
entities, essentially dams where the primary owner is a state, local
government, public utility, or private owner.
Alternatives: The preferred alternative would be to conduct
proposed rulemaking to implement a new credit program for dam safety
work at non-Federal dams in the form of a binding regulation in
compliance with the Water Infrastructure Finance and Innovation Act of
2014 (WIFIA) and Division D, title 1 of the Consolidated Appropriations
Act of 2020. The next best alternative would involve issuing these
implementing procedures in the form of an Engineer Regulation. That
alternative would not fulfill the intent of the law because it would
not be binding on the regulated public. The no action alternative would
be to not conduct rulemaking which would not fulfill the authorization
provided by Congress.
Anticipated Cost and Benefits: The rule adds Corps procedures to
the CFR on the implementation of a new credit program for dam safety
work at non-Federal dams to allow for consistent implementation across
the Corps and clear understanding of the program and its requirements
by the regulated public. The USACE will incur costs to administer the
loan program while benefits are expected for the public in the form of
benefits from projects enabled by WIFIA loans. WIFIA compliance costs
will likely include costs associated with application and transaction
processing fees, which are waived or reduced for small and
disadvantaged communities, obtaining a credit rating letter, any
consultant fees (not required), completing applications, reporting
requirements, and record keeping. These costs are not anticipated to
represent a significant economic impact, especially given that
participation in the program is voluntary.
Risks: The action is not anticipated to increase risk to public
health, safety, or the environment because it outlines the procedures
the Corps will follow for implementing a federal loan program. The
Corps will comply with all statutory requirements when reviewing
requests.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/10/22 87 FR 35473
NPRM Comment Period End............. 08/09/22
Final Action........................ 05/22/23 88 FR 32661
Final Action Effective.............. 06/21/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Aaron Snyder, Department of Defense, U.S. Army
Corps of Engineers, 441 G Street NW, Washington, DC 20314, Phone: 651
290-5489, Email: [email protected].
Related RIN: Merged with 0710-AB32
RIN: 0710-AB31
DOD--COE
34. Revised Definition of ``Waters of the United States'';
Conforming [0710-AB55]
Priority: Other Significant.
Legal Authority: 33 U.S.C. 1251 et seq.
CFR Citation: 40 CFR part 120; 33 CFR part 328.
Legal Deadline: None.
Abstract: On September 8, 2023, the Environmental Protection Agency
(EPA) and the Department of the Army (the agencies'') finalized a rule
to amend the Code of Federal Regulations (CFR) to conform the
definition of ``waters of the United States'' to a 2023 Supreme Court
decision. This conforming rule amends the provisions of the agencies'
definition of ``waters of the United States'' that are invalid under
the Supreme Court's interpretation of the Clean Water Act in the 2023
decision.
Statement of Need: In April 2020, the EPA and the Department of the
Army (``the agencies'') published the Navigable Waters Protection Rule
that revised the previously codified definition of ``waters of the
United States (85 FR 22250, April 21, 2020). The Navigable Waters
Protection Rule was vacated by courts. On January 18, 2023, the
agencies issued a final rule, ``Revised Definition of ``Waters of the
United States' '' (88 FR 3004) which became effective on March 20,
2023. On May 25, 2023, the U.S. Supreme Court issued its decision in
the case of Sackett v. Environmental Protection Agency. In light of
this decision, the agencies are interpreting the phrase waters of the
United States consistent with the Supreme Court's decision in Sackett.
The agencies are developing a rule to amend the final ``Revised
Definition of `Waters of the United States' '' rule, published in the
Federal Register on January 18, 2023, consistent with the U.S. Supreme
Court's decision in Sackett.
Summary of Legal Basis: The Clean Water Act (33 U.S.C. 1251 et
seq.).
Alternatives: Please see EPA's alternatives. EPA is the lead for
this rulemaking action.
Anticipated Cost and Benefits: Please see EPA's statement of
anticipated costs and benefits. EPA is the lead for this rulemaking
action.
Risks: Please see EPA's risks. EPA is the lead for this rulemaking
action.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Action........................ 09/08/23 88 FR 61964
Final Action Effective.............. 09/08/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Stacey M. Jensen, Office of the Assistant Secretary
of the Army, Department of Defense, U.S. Army Corps of Engineers, 108
Army Pentagon, Washington, DC 22202, Phone: 703 695-6791, Email:
[email protected].
Related RIN: Related to 2040-AG32
RIN: 0710-AB55
DOD--OFFICE OF ASSISTANT SECRETARY FOR HEALTH AFFAIRS (DODOASHA)
Final Rule Stage
35. TRICARE Coverage of Clinical Trials and Termination of Expanded
Access Treatments [0720-AB83]
Priority: Other Significant.
Legal Authority: 5 U.S.C. 301; 10 U.S.C. ch 55
CFR Citation: 32 CFR 199.
Legal Deadline: None.
Abstract: The Department of Defense is finalizing an interim final
rule to amend 32 CFR part 199 to include coverage that was temporarily
added for National Institute of Allergy and Infectious Disease-
sponsored clinical trials for the treatment or prevention of COVID-19.
This rule will also finalize the temporary addition of the treatment
use of investigation drugs under U.S. Food and Drug Administration-
approved expanded access programs for the treatment of coronavirus
disease 2019 (COVID-19) from the interim final rule titled ``TRICARE
Coverage of Certain Medical Benefits in Response to the COVID-19
Pandemic'' (32 CFR part
[[Page 9338]]
199, 0720-AB82), which published in the Federal Register on September
3, 2020 (85 FR 54914-54924).
Statement of Need: This final rule is required to finalize certain
temporary flexibilities enacted in interim final rules published in
2020 in response to the COVID-19 pandemic.
Pursuant to the President's national emergency declaration and as a
result of the worldwide COVID-19 pandemic, the Assistant Secretary of
Defense for Health Affairs hereby temporarily modified the regulation
at 32 CFR 199.4(e)(26) to permit TRICARE coverage for National
Institute of Allergy and Infectious Disease (NIAID)-sponsored COVID-19
phase I, II, III, and IV clinical trials for the treatment or
prevention of coronavirus disease 2019 (COVID-19). This provision
supports increased access to emerging therapies for TRICARE
beneficiaries.
Summary of Legal Basis: This rule is issued under 10 U.S.C.
1073(a)(2) giving authority and responsibility to the Secretary of
Defense to administer the TRICARE program.
Alternatives:
(1) No action.
(2) The second alternative the DoD considered was implementing a
more limited benefit change for COVID-19 patients by not covering phase
I clinical trials. Although this would have the benefit of reimbursing
only care that has more established evidence in its favor, this
alternative is not preferred because early access to treatments is
critical for TRICARE beneficiaries given the rapid progression of the
disease and the lack of available approved treatments.
Anticipated Cost and Benefits: Any cost to beneficiaries would be
consistent with existing costs under the TRICARE Program (such as cost-
shares and copayments). Finalizing TRICARE coverage of clinical trials
will benefit TRICARE beneficiaries by ensuring they continue to have
access to emerging therapies in the safest setting possible.
In the interim final rule, DoD estimated the total cost for TRICARE
participation in NIAID-sponsored COVID-19 clinical trials would be
$3.2M for the duration of the national emergency, with an additional
$4.0M for continued care for beneficiaries enrolled in clinical trials
prior to termination of the national emergency. There were several
assumptions we made in developing this estimate. The duration of the
COVID-19 national emergency is uncertain; however, for the purposes of
this estimate, we assumed the national emergency would expire on
September 30, 2021. As of the drafting of the IFR, there were 27 NIAID-
sponsored COVID-19 clinical trials begun since the start of the
national emergency. We assumed 6.2 new trials every 30 days, for a
total of 126 trials by September 2021. We assumed, based on average
trial enrollment and that TRICARE beneficiaries would participate in
trials at the same rate as the general population, that 4,549 TRICARE
beneficiaries would participate through September 2021. Each of the
assumptions in this estimate is highly uncertain, and our estimate
could be higher or lower depending on real world events (more or fewer
trials, a longer or shorter national emergency, and/or higher or lower
participation in clinical trials by TRICARE beneficiaries).
Benefits: These changes expand the therapies available to TRICARE
beneficiaries in settings that ensure informed consent of the
beneficiary, and where the benefits of treatment outweigh the potential
risks. Participation in clinical trials may provide beneficiaries with
benefits such as reduced hospitalizations and/or use of a mechanical
ventilator. Although we cannot estimate the value of avoiding these
outcomes quantitatively, the potential long-term consequences of
serious COVID-19 illness, including permanent cardiac or lung damage,
are not insignificant. Beneficiary access to emerging therapies that
reduce these long-term consequences or even death can be considered to
be high-value for those able to participate.
TRICARE providers will be positively affected by being able to
provide their patients with a broader range of treatment options. The
general public will benefit from an increased pool of available
participants for the development of treatments and vaccines for COVID-
19, as well as the evidence (favorable or otherwise) that results from
this participation.
Risks: None. This rule will not directly affect the efficient
functioning of the economy or private markets. However, increasing the
pool of available participants for clinical trials may help speed the
development of treatments or vaccines for COVID-19. Once effective
treatments or vaccines for COVID-19 exist, individuals are likely to be
more confident interacting in the public sphere, resulting in a
positive impact on the economy and private markets.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 10/30/20 85 FR 68753
Interim Final Rule Effective........ 10/30/20
Interim Final Rule Comment Period 11/30/20
End.
Final Action........................ 02/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Undetermined.
Additional Information: The interim final rule was titled ``TRICARE
Coverage of National Institute of Allergy and Infectious Disease
Coronavirus Disease 2019 Clinical Trials.'' The final rule will be
titled ``TRICARE Coverage of Clinical Trials and Termination of
Expanded Access Treatments.''
Agency Contact: Jennifer Stankovic, Department of Defense, Office
of Assistant Secretary for Health Affairs, 16401 E Centretech Parkway,
Aurora, CO 80011-9066, Phone: 303 676-3742, Email:
[email protected].
Related RIN: Related to 0720-AB81, Related to 0720-AB82
RIN: 0720-AB83
DOD--DODOASHA
36. Expanding TRICARE Access to Care in Response to the COVID-19
Pandemic [0720-AB85]
Priority: Other Significant.
Legal Authority: 5 U.S.C. 301; 10 U.S.C. ch. 55
CFR Citation: 32 CFR 199.
Legal Deadline: None.
Abstract: This rule finalizes an interim final rule that amended 32
CFR part 199 by: (1) adding freestanding End Stage Renal Disease (ESRD)
facilities as a category of TRICARE-authorized institutional provider
and modifying the reimbursement for such facilities; and (2)
temporarily adopting Medicare's New COVID-19 Treatments Add-on Payment
(NCTAP). The ESRD provisions are permanent, and the temporary NCTAP
provisions expire at the end of the fiscal year in which the Secretary
of Health and Human Services' declared coronavirus disease 2019 (COVID-
19) public health emergency ends.
Statement of Need: Pursuant to the President's emergency
declaration and as a result of the COVID-19 pandemic, the Assistant
Secretary of Defense for Health Affairs is temporarily modifying the
following regulations (except for the modifications to paragraphs
199.6(b)(4)(xxi) and 199.14(a)(1)(iii)(E)(7), which will not expire),
but, in each case, only to the extent necessary to ensure that
[[Page 9339]]
TRICARE beneficiaries have access to the most up-to-date care required
for the prevention, diagnosis, and treatment of COVID-19, and that
TRICARE continues to reimburse like Medicare, to the extent
practicable, as required by statute.
The modifications to paragraphs 199.6(b)(4)(xxi) and
199.14(a)(1)(iii)(E)(7) establish freestanding End Stage Renal Disease
(ESRD) facilities as a category of TRICARE-authorized institutional
provider and modify TRICARE reimbursement of freestanding ESRD
facilities. These provisions will improve TRICARE beneficiary access to
medically necessary dialysis and other ESRD services and supplies.
These provisions also support the requirement that TRICARE reimburse
like Medicare, and will help to alleviate regional health care
shortages due to the COVID-19 pandemic by ensuring access to dialysis
care in freestanding ESRD facilities rather than hospital outpatient
departments.
The modification to paragraph 199.14(a)(iii)(E) adopts Medicare's
New COVID-19 Treatments Add-on Payment (NCTAP) for COVID-19 cases that
meet Medicare's criteria. This provision increases access to emerging
COVID-19 treatments and supports the requirement that TRICARE reimburse
like Medicare.
Summary of Legal Basis: This rule is issued under 10 U.S.C. 1073
(a)(2) giving authority and responsibility to the Secretary of Defense
to administer the TRICARE program.
Alternatives: (1) No action.
(2) The second alternative the Department of Defense considered was
to adopt Medicare's ESRD reimbursement methodology, the ESRD
Prospective Payment System (PPS), in total. While this would have been
completely consistent with the statutory provision to pay institutional
providers using the same reimbursement methodology as Medicare, this
alternative is not preferred because there is still a relatively low
volume of TRICARE beneficiaries who receive dialysis services from
freestanding ESRDs and who are not enrolled to Medicare. The cost of
implementing the full ESRD PPS system is estimated to be at least
$600,000.00 in start-up costs, plus ongoing administrative costs, to
ensure all adjustments were made for each claim, plus additional
special pricing software or algorithms. In contrast, we estimate that
the option provided in this IFR can be implemented relatively quickly
(within six months of publication), and for approximately $300,000.00
in start-up costs with lower ongoing administrative costs. Further, the
flat rate will provide the ESRD facilities with predictability with
regard to TRICARE payments and will reduce uncertainty and specialized
coding or case-mix documentation requirements that may be required by
the ESRD PPS, reducing the administrative burden on the provider.
To summarize, adopting the ESRD PPS was considered, but was deemed
impracticable and overly burdensome to both the Government and
providers due to the relative low volume of claims that will be priced
and paid by TRICARE as primary under this system.
Anticipated Cost and Benefits: $8.08 million. Only the ESRD
provisions are expected to result in recurring incremental health care
costs; the remaining two provisions are expected to result in one-time
cost increases.
This estimate includes approximately $0.9M in administrative costs
and $5.9M in direct health care costs. $1.8M of the total cost impact
is expected to be a one-time start-up cost for both the temporary and
permanent provisions, while the permanent ESRD provisions are expected
to result in $5M in incremental annual costs.
Risks: None. This rule will promote the efficient functioning of
the economy and markets by modifying the regulations to better
reimburse health care providers for care provided during the COVID-19
pandemic, particularly as strain on the health care economy is being
felt due to reductions in higher cost elective procedures.
Additionally, this rule will increase the access of TRICARE
beneficiaries to more providers administering COVID-19 vaccinations,
which promotes the efficient functioning of the U.S. economy by
quickening the pace at which the public receives COVID-19 vaccinations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 01/12/23 88 FR 1992
Interim Final Rule Effective........ 01/12/23
Interim Final Rule Comment Period 03/13/23
End.
Final Action........................ 06/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Elan Green, Department of Defense, Office of
Assistant Secretary for Health Affairs, 16401 East Centretech Parkway,
Aurora, CO 80011, Phone: 303 676-3907, Email:
[email protected].
RIN: 0720-AB85
DOD--DODOASHA
37. Collection From Third Party Payers of Reasonable Charges for
Healthcare Services; Amendment [0720-AB87]
Priority: Other Significant.
Legal Authority: NDAA 2021, sec. 716
CFR Citation: 32 CFR 220.
Legal Deadline: NPRM, Statutory, June 21, 2023.
Abstract: The Department of Defense, Defense Health Agency (DHA),
is proposing a rule to implement Section 716 of the Fiscal Year 2023
National Defense Authorization Act (Pub. L. 117-263). Section 716,
which provides new statutory language that supersedes language
previously enacted in Section 702 of the Fiscal Year 2021 National
Defense Authorization Act (Pub. L. 116-283), directs the Director of
the DHA to implement a modified payment plan for certain civilians (who
are not covered beneficiaries). This Section also provides the Director
with the authority to waive fees for medical care provided to such
civilians, when the provision of care enhances the knowledge, skills
and abilities of health care providers.
Statement of Need: Due to the high cost of healthcare in the United
States and the mandate to aggressively pursue collection of debts, some
civilian non-beneficiaries who were provided emergency or trauma
healthcare services in DoD MTFs have incurred financial harm after
receiving MTF medical invoices. Other than the requirements of FCCS,
the DoD did not have authority to provide FAPs like those offered by
for-profit and non-profit hospitals which include elements such as
sliding fees and catastrophic waivers. In consequence, Congress wholly
amended 10 U.S.C. 1079b via section 716 of the FY 2023 NDAA. Section
716 directs DoD to apply a sliding fee and/or a catastrophic waiver to
medical invoices of non-beneficiaries. For non-beneficiaries who have
health insurance, section 716 directs DoD to accept payments from
health insurers as full payment and to not balance bill non-
beneficiaries except for copays, coinsurance, deductibles, nominal
fees, and non-covered services. It also grants the Director of DHA
discretionary authority, to waive medical debts of non-beneficiaries
when the healthcare provided enhances the knowledge, skills, and
abilities of healthcare providers, as determined by the Director of
DHA.
Summary of Legal Basis: DoD's authority to compute reasonable
charges for inpatient and ambulatory (outpatient) care provided by
MTFs, including charges for pharmaceuticals, durable medical equipment,
supplies,
[[Page 9340]]
immunizations, injections or other medications, is found at 32 CFR part
220, last updated on August 20, 2020 (55 FR 21742-21750). Medical
billing is structured under three existing healthcare cost recovery
programs: Third Party Collections (10 U.S.C. 1095); Medical Services
Account (10 U.S.C. 1079b, 1085, and 1104); and Medical Affirmative
Claims (42 U.S.C. 26512653). The rates used for billing are modeled
after the rates published by the Centers for Medicare and Medicaid
Services. The rates are approved annually by the Assistant Secretary of
Defense for Health Affairs (ASD(HA)) and published on the DoD
Comptroller's website at https://comptroller.defense.gov/Financial-Management/Reports/rates2023/. Funds collected through the healthcare
cost recovery programs are used to enhance healthcare delivery at MTFs.
In carrying out the DoD's healthcare cost recovery programs, DoD
abides by the Federal Claims Collection Standards (FCCS), under 31 CFR
parts 900-904, which are published jointly by the Department of the
Treasury and the Department of Justice. The FCCS require that Federal
agencies aggressively collect all debts arising out of activities of
that agency. Collection activities must be undertaken promptly with
follow-up action taken as necessary. Accordingly, DoD MTFs generate
medical claims and invoices for care rendered within MTFs and execute
the FCCS requirements.
Other Applicable Authority: In accordance with 26 CFR 1.6050P-
1(b)(2)(G), if DoD waives fees under 10 U.S.C. 1079b(b), then it would
trigger information reporting requirements to the Internal Revenue
Service (IRS) and the furnishing of Form 1099-C, Cancellation of Debt,
to the patient since the discharge of indebtedness under 10 U.S.C.
1079b(b) qualifies as an identifiable event. Consequently, the waived
medical fees could result in the debt being attributed to the patient
as taxable income; and have the effect of causing severe financial
harm. Therefore, DHA will consider a waiver of fees under 10 U.S.C.
1079b(b), only after any discounts according to the sliding scale and
catastrophic cap have been applied. Any fees waived will be from the
discounted amount, which will mitigate some of the financial impact of
attributing the waived amount as income. Additionally, the DoD will
seek to use that authority judiciously, on a case-by-case basis, and
when other efforts such as application of a sliding and catastrophic
waiver fail to mitigate the risk of severe financial harm to the
civilian non-beneficiary.
Alternatives: The amended 10 U.S.C. 1079b mandates that DoD
implement the amended statute within 180 days of the amendment being
enacted. With this constrained timeline, the Department launched
research efforts to discern whether private sector hospitals offered
programs similar to what the statute mandates and which could
potentially serve as a model for the Department. This research was
necessary because prior to enactment of the amended 10 U.S.C. 1079b,
the DoD did not have the authority to apply sliding scale or
catastrophic waiver discounts to medical bills generated by MTFs, nor
did the Director of DHA have discretionary authority to waive medical
bills. Market research on charity care and FAPs offered by both for-
profit and non-profit hospitals throughout the United States and
eligibility requirements for those programs were reviewed. Of note,
while for-profit and non-profit hospitals derive a tax benefit from the
provision of charity care and FAPs, the DoD's hospitals do not.
Research conducted yielded that while there are generally accepted
accounting standards applicable to the financial reporting of charity
and FAPs, there is no single standard, statute, or regulation that
outlines the content and structure of those programs. Programs vary
widely. The market research also included a review of the rules
pertaining to eligibility for Federal and State FAPs such as Medicaid.
The research provided a few alternatives for consideration in
establishing the MHS FAP, including:
Alternative #1: Generally, for-profit and non-profit
hospitals determine a patient's eligibility for FAPs by measuring the
applicant's annual household income against the Federal Poverty
Guidelines (FPGs). The FPGs are published annually by the Department of
Health and Human Services pursuant to 42 U.S.C. 9902(2). There is one
set of FPGs for the contiguous 48 states and Washington DC, one set for
Alaska, and another for Hawaii. The Census Bureau annually publishes
FPG thresholds. The threshold is a statistical calculation used to
identify the number of people living in poverty. There is no geographic
variation; the same figures are used for all 50 states and Washington,
DC. The Office of Management and Budget (OMB) designates the Census
Bureau poverty thresholds as the Federal Government's official
statistical definition of poverty. The FPGs are also used by State and
Federal agencies for determining an individual's eligibility for
Federal programs such as Medicaid.
Alternative #2: Both for-profit and non-profit hospitals
typically offer a sliding fee discount based upon the patient's
household income when compared to the FPGs. Predominantly, discounts
are offered to individuals whose household income falls within the
range of 125% to 400% of the FPGs, with most hospitals offering
discounts to patients whose income is at or below 200% of the FPGs.
Alternative #3: Most private sector hospitals do not offer
a catastrophic waiver policy, but a few will limit a patient's bill to
a maximum percentage of the patient's household income (range of 10 to
20 percent of monthly income). In addition, we examined the Department
of the Treasury's Administrative Wage Garnishment policy to determine
the maximum percentage that the Treasury garnishes from an individual's
monthly income (15 percent).
The three alternatives uncovered through market research represent
fair and reasonable approaches that could readily be adopted for use in
the administration of the MHS FAP, with some modifications, and without
incurring significant costs to implement. Specifically:
Alternative #1: Adopted. Since 10 U.S.C. 1079b mandates the
application of a sliding scale and catastrophic waivers, the FPGs will
be used as the measure to determine a patient's eligibility for these
discounts.
Alternative #2: Adopted. The FPG range for eligibility for the
sliding scale discount will be set annually by policy issued by the
ASD(HA). The range will be published on the DoD Comptroller's
Reimbursement Rates website. Reserving the ability to set the range via
policy gives DoD maximum flexibility to mitigate financial harm.
Alternative #3: Adopted. The catastrophic waiver will be limited to
a percentage of a patient's monthly household income. The percentage
will be established by policy issued annually by the ASD(HA). The
percentage will be published on the DoD Comptroller's Reimbursement
Rates website. Reserving the ability to set the percentage via policy
gives DoD maximum flexibility to mitigate financial harm.
Anticipated Cost and Benefits:
Benefit Cost Analysis: The anticipated costs for the MHS Financial
Assistance and Waiver Program include only the time required for a
patient's application to be reviewed. This includes time required for a
civilian non-beneficiary patient to complete the associated DD Form
3857, Application for Military Health System Financial Assistance
[[Page 9341]]
Program/Waiver Program, declaring their income, DHA UBO and associated
agencies to receive and assess the application, followed by the
determination of the eligibility for a sliding scale discount,
catastrophic waiver, or debt cancellation waiver, and the response time
for the decision. The total estimated time is less than 90 days.
Risks: Currently, Federal debt collection legislation and policies
can lead to serious financial harm to some civilian non-beneficiary
patients who receive treatment at MTFs. Delays in implementation of
this rule could potentially exacerbate these problems.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 03/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: DeLisa Prater, DHA Uniform Business Office Program
Manager, Department of Defense, Office of Assistant Secretary for
Health Affairs, 8111 Gatehouse Road, Suite #221, Falls Church, VA
22042-5101, Phone: 703 275-6380, Email: [email protected].
RIN: 0720-AB87
BILLING CODE 5001-06-P
DEPARTMENT OF EDUCATION
Statement of Regulatory Priorities
I. Introduction
The U.S. Department of Education (Department) supports States,
local communities, institutions of higher education, and families in
improving education and other services nationwide to ensure that all
Americans, including those with disabilities and who have been
underserved, receive a high-quality and safe education and are prepared
for employment that provides a livable wage. We provide leadership and
financial assistance pertaining to education and related services at
all levels to a wide range of stakeholders and individuals, including
State educational and other agencies, local school districts, providers
of early learning programs, elementary and secondary schools,
institutions of higher education, career and technical schools,
nonprofit organizations, students, members of the public, families, and
many others. These efforts are helping to advance equity, recover from
the COVID-19 pandemic, and ensure that all children and students from
pre-kindergarten through grade 12 will be ready for, and succeed in,
postsecondary education and employment, and that students attending
postsecondary institutions, or participating in other postsecondary
education options, are prepared for a profession or career.
We also vigorously monitor and enforce the implementation of
Federal civil rights laws in educational programs and activities that
receive Federal financial assistance from the Department, and support
innovative and promising programs, research and evaluation activities,
technical assistance, and the dissemination of data, research, and
evaluation findings to improve the quality of education.
In developing and implementing regulations, guidance, technical
assistance, evaluations, data gathering and reporting, and monitoring
related to our programs, we are committed to working closely with
affected persons and groups. Our core mission includes serving the most
vulnerable, and facilitating equal access for all, to ensure all
students receive a high-quality and safe education and complete it with
a well-considered and attainable path to a sustainable career. Toward
these ends, we work with a broad range of interested parties and the
general public, including families, students, and educators; State,
local, and Tribal governments; other Federal agencies; and neighborhood
groups, community-based early learning programs, elementary and
secondary schools, postsecondary institutions, rehabilitation service
providers, adult education providers, professional associations, civil
rights organizations, nonprofits, advocacy organizations, businesses,
and labor organizations.
If we determine that it is necessary to develop regulations, we can
seek public participation at the key stages in the rulemaking process.
We invite the public to submit comments on all proposed regulations
through the internet or by regular mail. We also continue to seek
greater public participation in our rulemaking activities through the
use of transparent and interactive rulemaking procedures and new
technologies. For example, on June 7-11, 2021, we sought public input
through a virtual public hearing on Title IX of the Education
Amendments of 1972. We hosted this hearing to provide a forum for all
of our stakeholders and other members of the public, including those
from underserved communities, to share their experiences, insights, and
expertise on Title IX. The information shared during this helped us
determine changes to propose to the regulations regarding Title IX.
Additionally, on January 11, 2023, we published a Request for
Information (RFI) on Regarding Public Transparency for Low-Financial-
Value Postsecondary Programs. For this RFI, we solicited public
comments from stakeholders and members of the public, including those
from underserved communities, on how to identify the best ways to
calculate the metrics that may be used to identify low-financial-value
programs and inform technical considerations. We also note that the
Higher Education Act of 1965 requires the Department to use the
negotiated rulemaking process for a majority of its higher education
rulemakings, which is a process that necessitates public participation
from a broad range of stakeholders. Additionally, at the end of each
day during the negotiated rulemaking sessions, the Department provides
an opportunity for members of the public who are not at the negotiating
table to speak and provide input. The Department has exclusively used
virtual negotiated rulemaking sessions for these higher education
regulations since 2021. Hosting virtual meetings instead of in-person
sessions has significantly expanded the ability to draw in robust
public comment from across the country, as the time commitment is more
manageable and does not require traveling in order to participate.
The Department has also taken steps to seek public input on the
development of guidance documents. On February 15, 2023, we announced
that we would conduct a review of existing guidance related to a
statutory provision about how institutions of higher education may
compensate recruiters. To engage public participation we held a virtual
public hearing on this topic on March 8 and 9, 2023. This gave dozens
of members of the public a chance to express their opinions before the
Department took any formal steps through guidance. We also sought
public comment on this topic, which yielded nearly 270 comments. This
approach allowed the Department to get thoughts from the public at the
pre-drafting stage and will assist in gauging what changes, if any, to
make to this guidance.
To facilitate the public's involvement, we participate in the
Federal Docket Management System (FDMS), an electronic single
Government-wide access point (www.regulations.gov) that enables the
public to submit comments on different types of Federal regulatory
documents and read and respond to comments submitted by other members
of the public during the public comment period. This system provides
the public
[[Page 9342]]
with the opportunity to submit comments electronically on any notice of
proposed rulemaking or interim final regulations open for comment as
well as read and print any supporting regulatory documents.
II. Regulatory Priorities
The following are the key rulemaking actions the Department is
planning for the coming year. These rulemaking actions advance the
Department's mission of ``promot[ing] student achievement and
preparation for global competitiveness by fostering educational
excellence and ensuring equal access.'' These rulemaking actions also
advance the President's priorities of ensuring that every American has
access to a high-quality education, regardless of background, and that
government should affirmatively work to expand educational
opportunities for underserved communities. During his time in office,
the President has repeatedly made clear the importance of advancing
equity and opportunity for those who have historically been
underserved, both as a general matter and with regard to the education
system in particular. See Executive Order 13985 (On Advancing Racial
Equity and Support for Underserved Communities Through the Federal
Government); Executive Order 14021 (Guaranteeing an Educational
Environment Free From Discrimination on the Basis of Sex, Including
Sexual Orientation or Gender Identity); Executive Order 14041 (White
House Initiative on Advancing Educational Equity, Excellence, and
Economic Opportunity Through Historically Black Colleges and
Universities); Executive Order 14045 (White House Initiative on
Advancing Educational Equity, Excellence, and Economic Opportunity for
Hispanics); Executive Order 14049 (White House Initiative on Advancing
Educational Equity, Excellence, and Economic Opportunity for Native
Americans and Strengthening Tribal Colleges and Universities); and
Executive Order 14050 (White House Initiative on Advancing Educational
Equity, Excellence, and Economic Opportunity for Black Americans). The
rulemaking actions on the Department's agenda seek to advance the
President's priorities, as set out in these executive orders and more
broadly. Our regulatory agenda covers a wide range of topics, and a
wide range of educational institutions--from those serving our youngest
children to colleges, universities, and adult education programs. In
each of these contexts, promoting equity and opportunity for students
who have been historically underserved is central to the Department's
regulatory plan.
Postsecondary Education/Federal Student Aid
The Department plans to propose regulations to provide debt relief
to student loan borrowers. Specifically, the Department is working on
regulations to better clarify the use of the Secretary's authority to
waive some or all of a borrower's outstanding balance on a Federal
student loan, pursuant to Section 432(a)(6) of the Higher Education Act
of 1965, as amended. Negotiation sessions are taking place during the
fall of 2023, with draft and final rules expected next year.
Civil Rights/Title IX
The Secretary proposed to amend its regulations implementing Title
IX of the Education Amendments of 1972, as amended, consistent with the
priorities of the Biden-Harris Administration. These priorities include
those set forth in Executive Order 13988 on Preventing and Combating
Discrimination on the Basis of Gender Identity or Sexual Orientation
and Executive Order 14021 on Guaranteeing an Educational Environment
Free from Discrimination on the Basis of Sex, Including Sexual
Orientation and Gender Identity.
Student Privacy
The Department is considering policy options to amend the Family
Educational Rights and Privacy Act (FERPA) regulations, to update,
clarify, and improve the current regulations. The proposed regulations
are also needed to implement statutory amendments to FERPA contained in
the Uninterrupted Scholars Act of 2013 and the Healthy, Hunger-Free
Kids Act of 2010, to reflect a change in the name of the office
designated to administer FERPA, and to make changes related to the
enforcement responsibilities of the office concerning FERPA.
Grants
The Department plans to propose revisions to the Education
Department General Administrative Regulations (EDGAR) to make a variety
of updates and revisions, including to update and clarify evidence-
related components, to clarify how the Department makes determinations
related to continuation awards under competitive grant programs, and to
expand flexibility for grantees by clarifying that, where not
prohibited by law or the terms and conditions of the grant award,
subgranting authority rests with States. These proposed changes would
ensure that the EDGAR regulations are consistent with current law and
would reduce or eliminate unnecessary burdens and restrictions.
Recently Completed Rulemakings
Additionally, the Department has recently concluded its Improving
Income Driven Repayment and Gainful Employment rulemakings. For
Improving Income Driven Repayment, the Department issued final
regulations governing income-contingent repayment plans by amending the
Revised Pay as You Earn repayment plan and restructuring and renaming
the repayment plan regulations under the William D. Ford Federal Direct
Loan Program, including combining the Income Contingent Repayment and
the Income-Based Repayment plans under the umbrella term of ``Income-
Driven Repayment'' plans, and providing conforming edits to the FFEL
Program. For Gainful Employment, the Department published final
regulations that determine whether postsecondary educational programs
prepare students for gainful employment in recognized occupations, and
the conditions under which programs remain eligible for student
financial assistance programs under Title IV of the HEA. The Department
also published final regulations on Financial Responsibility,
Administrative Capability, Certification, and Ability to Benefit.
III. Principles for Regulating
Over the next year, we may need to issue other regulations because
of new legislation or programmatic changes. In doing so, we will follow
the Principles for Regulating, which determine when and how we will
regulate. Through consistent application of those principles, we have
eliminated unnecessary regulations and identified situations in which
major programs could be implemented without regulations or with limited
regulatory action.
In deciding when to regulate, we consider the following:
Whether regulations are essential to promote quality and
equality of opportunity in education.
Whether a demonstrated problem cannot be resolved without
regulation.
Whether regulations are necessary to provide a legally
binding interpretation to resolve ambiguity.
Whether entities or situations subject to regulation are
similar enough that a uniform approach through regulation would be
meaningful and do more good than harm.
Whether regulations are needed to protect the Federal
interest, that is, to ensure that Federal funds are used for
[[Page 9343]]
their intended purpose and to eliminate fraud, waste, and abuse.
In deciding how to regulate, we are mindful of the following
principles:
Regulate no more than necessary.
Minimize burden to the extent possible and promote
multiple approaches to meeting statutory requirements if possible.
Encourage coordination of federally funded activities with
State and local reform activities.
Ensure that the benefits justify the costs of regulating.
To the extent possible, establish performance objectives
rather than specify the behavior or manner of compliance a regulated
entity must adopt.
Encourage flexibility, to the extent possible and as
needed to enable institutional forces to achieve desired results.
ED--OFFICE FOR CIVIL RIGHTS (OCR)
Final Rule Stage
38. Nondiscrimination on the Basis of Sex in Education Programs or
Activities Receiving Federal Financial Assistance [1870-AA16]
Priority: Other Significant.
Unfunded Mandates: Undetermined.
Legal Authority: 20 U.S.C. 1681 et seq.
CFR Citation: 34 CFR 106.
Legal Deadline: None.
Abstract: The Department plans to issue a final rule amending its
regulations implementing Title IX of the Education Amendments of 1972,
20 U.S.C. 1681 et seq., consistent with the priorities of the Biden-
Harris Administration. These priorities include those set forth in
Executive Order 13988 on Preventing and Combating Discrimination on the
Basis of Gender Identity or Sexual Orientation and Executive Order
14021 on Guaranteeing an Educational Environment Free from
Discrimination on the Basis of Sex, Including Sexual Orientation and
Gender Identity. The proposed amendments include, among others,
revisions to 34 CFR 106.2 (Definitions), 106.6 (Effect of other
requirements and preservation of rights), 106.8 (Designation of
coordinator, dissemination of policy, and adoption of grievance
procedures), 106.10 (Scope), 106.11 (Application), 106.30
(Definitions), 106.31 (Education programs or activities), 106.40
(Parental, family, or marital status; pregnancy or related conditions),
106.44 (Action by a recipient to operate its education program or
activity free from sex discrimination), 106.45 (Grievance procedures
for the prompt and equitable resolution of complaints of sex
discrimination), 106.46 (Grievance procedures for the prompt and
equitable resolution of complaints of sex-based harassment involving
student complainants or student respondents at postsecondary
institutions); 106.51 (Employment), 106.57 (Parental, family, or
marital status; pregnancy or related conditions), 106.60 (Pre-
employment inquiries), and 106.71 (Retaliation).
Statement of Need: This rulemaking is necessary to align the Title
IX regulations with the priorities of the Biden-Harris Administration,
including those set forth in the Executive Order on Preventing and
Combating Discrimination on the Basis of Gender Identity or Sexual
Orientation (E.O. 13988) and the Executive Order on Guaranteeing an
Educational Environment Free from Discrimination on the Basis of Sex,
Including Sexual Orientation and Gender Identity (E.O. 14021).
Summary of Legal Basis: We are conducting this rulemaking under 20
U.S.C. 1681 et seq.
Alternatives: This was discussed in the notice of proposed
rulemaking (NPRM) and will be discussed in the final regulations.
Anticipated Cost and Benefits: This was discussed in the notice of
proposed rulemaking (NPRM) and will be discussed in the final
regulations.
Risks: This was discussed in the notice of proposed rulemaking
(NPRM) and will be discussed in the final regulations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/12/22 87 FR 41390
NPRM Comment Period End............. 09/12/22
Final Action........................ 03/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: State.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
URL For Public Comments: www.regulations.gov.
Agency Contact: Alejandro Reyes, Department of Education, Office
for Civil Rights, 400 Maryland Avenue SW, 5A-137, Washington, DC 20202,
Phone: 202 245-7705, Email: [email protected].
RIN: 1870-AA16
ED--OCR
39. Nondiscrimination on the Basis of Sex in Education Programs or
Activities Receiving Federal Financial Assistance: Sex-Related
Eligibility Criteria for Male and Female Athletic Teams [1870-AA19]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: 20 U.S.C. 1681 et seq.
CFR Citation: 34 CFR 106.
Legal Deadline: None.
Abstract: The Department issued a proposed rule amending its
regulations implementing Title IX of the Education Amendments of 1972,
20 U.S.C. 1681 et seq., consistent with the priorities of the Biden-
Harris Administration. These priorities include those set forth in
Executive Order 13988 on Preventing and Combating Discrimination on the
Basis of Gender Identity or Sexual Orientation and Executive Order
14021 on Guaranteeing an Educational Environment Free from
Discrimination on the Basis of Sex, Including Sexual Orientation and
Gender Identity.
Statement of Need: This rulemaking is necessary to align the Title
IX regulations to fully implement the statute.
Summary of Legal Basis: We are conducting this rulemaking under 20
U.S.C. 1681 et seq.
Alternatives: We have limited information about the alternatives at
this time.
Anticipated Cost and Benefits: We have limited information about
the costs and benefits at this time.
Risks: We have limited information about the risks at this time.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/13/23 88 FR 22860
NPRM Comment Period End............. 05/15/23
Final Rule.......................... 03/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: State.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
URL For Public Comments: www.regulations.gov.
Agency Contact: Alejandro Reyes, Department of Education, Office
for Civil Rights, 400 Maryland Avenue SW, Room 5A-137, Washington, DC
20202, Phone: 202 245-7705, Email: [email protected].
RIN: 1870-AA19
[[Page 9344]]
ED--OFFICE OF PLANNING, EVALUATION AND POLICY DEVELOPMENT (OPEPD)
Proposed Rule Stage
40. EDGAR Revisions (Rulemaking Resulting From a Section 610 Review)
[1875-AA14]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 20 U.S.C. 1221e-3 and 3474, and 6511(a); E.O.
13559; 20 U.S.C. 1101 et seq.; 20 U.S.C. 1057 et seq.; 20 U.S.C. 1062;
20 U.S.C. 1063a; 20 U.S.C. 1065; 20 U.S.C. 1069c; 20 U.S.C. 1134 to
1134d
CFR Citation: 34 CFR 75; 34 CFR 76; 34 CFR 77; 34 CFR 299; and
other sections as applicable; 34 CFR 79; . . .
Legal Deadline: None.
Abstract: The Education Department General Administrative
Regulations (EDGAR) will be revised to make a variety of updates and
revisions, including to update and clarify evidence-related components,
to clarify how the Department makes determinations related to
continuation awards under competitive grant programs, and to expand
flexibility for grantees by clarifying that, where not prohibited by
law or the terms and conditions of the grant award, subgranting
authority rests with States. In addition, the Department plans to amend
these regulations where they are outdated in order to be consistent
with current law.
Statement of Need: It is necessary to review and revise these
regulations to ensure they are consistent with current law and to
reduce or eliminate unnecessary burdens and restrictions.
Summary of Legal Basis: We are conducting this rulemaking under the
following authorities: 20 U.S.C. 1221e-3 and 3474, and 6511(a); E.O.
13559; 20 U.S.C. 1101 et seq.; 20 U.S.C. 1057 et seq.; 20 U.S.C. 1062,
1063a, 1065, and 1069c; 20 U.S.C. 1134-1134d.
Alternatives: We have limited information about the alternatives at
this time.
Anticipated Cost and Benefits: We have limited information about
the potential cost and benefits and cannot estimate at this time.
Risks: We have limited information about the risks at this time.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: Undetermined.
URL For Public Comments: www.regulations.gov.
Agency Contact: Kelly Terpak, Department of Education, Office of
Planning, Evaluation and Policy Development, 400 Maryland Avenue SW,
Washington, DC 20202, Phone: 202 205-5321, Email: [email protected].
RIN: 1875-AA14
ED--OPEPD
41. Family Educational Rights and Privacy Act [1875-AA15]
Priority: Other Significant.
Legal Authority: 20 U.S.C. 1232g; 20 U.S.C. 1221e-3; 20 U.S.C. 3474
CFR Citation: 34 CFR 99.
Legal Deadline: None.
Abstract: The Department plans to propose to amend the Family
Educational Rights and Privacy Act (FERPA) regulations, 34 CFR part 99,
to update, clarify, and improve the current regulations by addressing
outstanding policy issues, such as clarifying the definition of
``education records'' and clarifying provisions regarding disclosures
to comply with a judicial order or subpoena. The proposed regulations
are also needed to implement statutory amendments to FERPA contained in
the Uninterrupted Scholars Act of 2013 and the Healthy, Hunger-Free
Kids Act of 2010, to reflect a change in the name of the office
designated to administer FERPA, and to make changes related to the
enforcement responsibilities of the office concerning FERPA.
Statement of Need: These regulations are needed to implement
amendments to FERPA contained in the Healthy, Hunger-Free Kids Act of
2010 (Pub. L. 111296) and the Uninterrupted Scholars Act (USA) of 2013
(Pub. L. 112278); to provide needed clarity regarding the definitions
of terms and other key provisions of FERPA; and to make necessary
changes identified as a result of the Department's experience
administering FERPA and the current regulations. A number of the
proposed changes reflect the Department's existing guidance and
interpretations of FERPA.
Summary of Legal Basis: These regulations are being issued under
the authority provided in 20 U.S.C. 1221e-3, 20 U.S.C. 3474, and 20
U.S.C. 1232g.
Alternatives: These are discussed in the preamble to the proposed
regulations.
Anticipated Cost and Benefits: These are discussed in the preamble
to the proposed regulations.
Risks: These are discussed in the preamble to the proposed
regulations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
URL For Public Comments: www.regulations.gov.
Agency Contact: Dale King, Department of Education, Office of
Planning, Evaluation and Policy Development, 400 Maryland Avenue SW,
Room 6C100, Washington, DC 20202, Phone: 202 453-5943, Email:
[email protected].
RIN: 1875-AA15
ED--OFFICE OF POSTSECONDARY EDUCATION (OPE)
Proposed Rule Stage
42. Student Loan Relief [1840-AD93]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Unfunded Mandates: Undetermined.
Legal Authority: 20 U.S.C. 1082(a)
CFR Citation: 34 CFR 30.1(c)(6); 34 CFR 30; 34 CFR 682; 34 CFR 685.
Legal Deadline: None.
Abstract: The Department intends to amend regulations related to
the authorities granted to the Secretary under 20 U.S.C. 1082(a) of the
Higher Education Act of 1965, as amended, to provide relief to Federal
student loan borrowers.
Statement of Need: This rulemaking is necessary to provide debt
relief to the numerous working and middle class student loan borrowers.
Summary of Legal Basis: We are conducting this rulemaking under the
authority in 20 U.S.C. 1082(a).
Alternatives: We have limited information about the alternatives at
this time.
Anticipated Cost and Benefits: We have limited information about
the anticipated costs and benefits at this time.
Risks: We have limited information about the risks at this time.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Intent to Commence 08/31/23 88 FR 60163
Negotiated Rulemaking.
NPRM................................ 05/00/24
------------------------------------------------------------------------
[[Page 9345]]
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Undetermined.
Federalism: Undetermined.
URL For Public Comments: www.regulations.gov.
Agency Contact: Tamy Abernathy, Department of Education, Office of
Postsecondary Education, 400 Maryland Avenue SW, 2C-232, Washington, DC
20202, Phone: 202 987-0385, Email: [email protected].
RIN: 1840-AD93
ED--OPE
Completed Actions
43. Gainful Employment [1840-AD57]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Unfunded Mandates: This action may affect the private sector under
Public Law 104-4.
Legal Authority: 20 U.S.C. 1001; 20 U.S.C. 1002; 20 U.S.C. 1003; 20
U.S.C. 1088; 20 U.S.C. 1091; 20 U.S.C. 1094; 20 U.S.C. 1099(b); 20
U.S.C. 1099(c); 20 U.S.C. 1082; . . .
CFR Citation: 34 CFR 668; 34 CFR 600.
Legal Deadline: None.
Abstract: The Secretary proposed regulations related to GE to
address ongoing concerns about educational programs designed to prepare
students for gainful employment in a recognized occupation, but that
instead leave them with unaffordable amounts of student loan debt in
relation to their earnings. We further seek to provide additional
transparency by providing information about all academic programs at
postsecondary institutions that are eligible under title IV of the
Higher Education Act of 1965, as amended (HEA).
Statement of Need: This rulemaking is necessary to determine
whether postsecondary educational programs prepare students for gainful
employment and the conditions under which institutions and programs
remain eligible for student financial assistance programs under Title
IV of the HEA.
Summary of Legal Basis: We are conducting this rulemaking under the
following authorities: 20 U.S.C. 1001; 20 U.S.C. 1002; 20 U.S.C. 1003;
20 U.S.C. 1088; 20 U.S.C. 1091; 20 U.S.C. 1094; 20 U.S.C. 1099(b); 20
U.S.C. 1099(c); and 20 U.S.C. 1082.
Alternatives: We have limited information about the alternatives at
this time.
Anticipated Cost and Benefits: We have limited information about
the anticipated costs and benefits at this time.
Risks: We have limited information about the risks at this time.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Intent to Commence 05/26/21 86 FR 28299
Negotiated Rulemaking.
NPRM................................ 05/19/23 88 FR 32300
NPRM Comment Period End............. 06/20/23
Final Action........................ 10/10/23 88 FR 70004
Final Action Effective.............. 07/01/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Organizations.
Government Levels Affected: None.
URL For Public Comments: www.regulations.gov.
Agency Contact: Joe Massman, Program Manager, Department of
Education, Office of Postsecondary Education, 400 Maryland Avenue,
Washington, DC 20202, Phone: 202 453-7771, Email: [email protected].
Gregory Martin, Department of Education, Office of Postsecondary
Education, 400 Maryland Avenue SW, Room 2C136, Washington, DC 20202,
Phone: 202 453-7535, Email: [email protected].
RIN: 1840-AD57
ED--OPE
44. Improving Income Driven Repayment [1840-AD81]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 20 U.S.C. 1070g; 20 U.S.C. 1087a et seq.
CFR Citation: 34 CFR 685.
Legal Deadline: None.
Abstract: The Secretary plans to propose amendments to the
regulations governing income-contingent repayment plans by amending the
Revised Pay as You Earn (REPAYE) repayment plan, and to restructure and
rename the repayment plan regulations under the William D. Ford Federal
Direct Loan (Direct Loan) Program, including combining the Income
Contingent Repayment (ICR) and the Income-Based Repayment (IBR) plans
under the umbrella term of Income-Driven Repayment (IDR) plans.
Statement of Need: This rulemaking is necessary to make
improvements to the income-driven repayment plans created under the ICR
authority in the Higher Education Act of 1965 that allows the Secretary
to cap payments at a set share of a borrower's income.
Summary of Legal Basis: 20 U.S.C. 1070g, 1087a et seq., unless
otherwise noted.
Alternatives: We have limited information about the alternatives at
this time.
Anticipated Cost and Benefits: We have limited information about
the anticipated costs and benefits at this time.
Risks: We have limited information about the risks at this time.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Intent to Commence 05/26/21 86 FR 28299
Negotiated Rulemaking.
NPRM................................ 01/11/23 88 FR 1894
NPRM Comment Period End............. 02/10/23
Final Action........................ 07/10/23 88 FR 43820
Final Action Effective.............. 07/01/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses.
Government Levels Affected: None.
URL For Public Comments: www.regulations.gov.
Agency Contact: Tamy Abernathy, Department of Education, Office of
Postsecondary Education, 400 Maryland Avenue SW, 2C-232, Washington, DC
20202, Phone: 202 987-0385, Email: [email protected].
RIN: 1840-AD81
BILLING CODE 4000-01-P
DEPARTMENT OF ENERGY
Statement of Regulatory and Deregulatory Priorities
The Department of Energy (Department or DOE) makes vital
contributions to the Nation's welfare through its activities focused on
improving national security, energy supply, energy efficiency,
environmental remediation, and energy research. The Department's
mission is to:
Promote dependable, affordable and environmentally sound
production and distribution of energy;
Advance energy efficiency and conservation;
Provide responsible stewardship of the Nation's nuclear
weapons;
Provide a responsible resolution to the environmental
legacy of nuclear weapons production; and
Strengthen U.S. scientific discovery, economic
competitiveness,
[[Page 9346]]
and improve quality of life through innovations in science and
technology.
The Department's regulatory activities are essential to achieving
its critical mission and to implementing the President's clean energy
and climate initiatives. Among other things, the Regulatory Plan and
the Unified Agenda contain the rulemakings the Department will be
engaged in during the coming year to fulfill the Department's
commitment to meeting deadlines for issuance of energy conservation
standards and related test procedures. The Regulatory Plan and Unified
Agenda also reflect the Department's continuing commitment to cut
costs, reduce regulatory burden, and increase responsiveness to the
public. Additionally, DOE recognizes that public participation and
community engagement are a crucial aspect of the Department's
rulemaking process, as well as an important vehicle to assist the
Department in streamlining its regulatory priorities. DOE's existing ex
parte communication process provides an avenue for stakeholders and
members of the public to meet with the Department to discuss regulatory
practices, either during or not during a rulemaking. This process is
intended to encourage the public to provide the Department with all
information necessary to develop rules that advance public interest.
The process serves to increase public participation in the Department's
rulemaking activities and adds transparency to the development of any
regulatory action.
Energy Efficiency Program for Consumer Products and Commercial
Equipment
The Energy Policy and Conservation Act (EPCA) requires DOE to set
appliance efficiency standards at levels that achieve the maximum
improvement in energy efficiency that is technologically feasible and
economically justified. The Department continues to follow its schedule
for setting new appliance efficiency standards by both tackling its
backlog of rulemakings with missed statutory deadlines and advancing
rulemakings with upcoming statutory deadlines. In 2023, DOE published
40 actions relating to energy conservation standards, including 11
final actions; and 25 actions relating to test procedures, including 19
final rules. DOE tentatively plans to publish 20 additional actions
relating to energy conservation standards and test procedures by the
end of the year. These rulemakings are expected to save American
consumers billions of dollars in energy costs over a 30-year timeframe.
Additionally, EPCA directs DOE to provide interested persons an
opportunity to present oral and written comments on matters related to
any energy conservation standard or test procedure proposed rule. DOE
fulfills this obligation by organizing public meetings, held as
webinars, as part of the rulemaking process. The meetings take place
during the comment period, which provides the public time to review the
proposed action prior to attending. During the meeting, a DOE
representative presents an overview of the proposed action that may
include a general discussion of the rulemaking background, legal
authority for the action being taken, and a robust discussion of the
proposed action. Participants are offered an opportunity to ask the DOE
representative questions about the proposal in real time and may
present a prepared statement during the meeting if requested. After the
meeting, DOE releases a meeting transcript and considers any question
or information presented by the public during the meeting in the next
stage of the rulemaking along with the written comments submitted
during the comment period. Interested members of the public may
participate in these meetings by registering online.
The Department is highlighting one important energy conservation
standard rule titled ``Energy Conservation Standards for Consumer Water
Heaters.'' For consumer water heaters, DOE estimates that energy
savings for active mode operation (in terms of uniform energy factor)
will be 27 quads over 30 years and that the cumulative net present
value to total consumer benefits of the proposed standards for consumer
water heaters will be between $56 billion at a 7-percent discount rate
and $161 billion at a 3-percent discount rate. Additionally, the
Department notes that two public meeting were held to satisfy EPCA's
requirements that interested persons are provided an opportunity to
present oral and written comments on matters related to this
rulemaking. In April 2022, DOE held a public meeting to discuss a
preliminary technical support document and participants included
members from relevant trade organizations, representatives of investor-
owned electric companies, energy efficiency organizations, and
advocates for appliance standards. DOE held a second public meeting to
discuss the proposed rule in September 2023. During both meetings, DOE
provided an overview of the published rulemaking materials and took
questions from attendees in real time. As part of the rulemaking
process, DOE intends to address any comment raised during the September
meeting in a subsequent rulemaking material, along with all written
comments submitted for the proposal.
Federal Agency Leadership in Climate Change
Beyond the appliance program, DOE is supporting Federal agency
leadership in climate change in various ways, including in its ``Clean
Energy Rule for New Federal Buildings and Major Renovations'' (Clean
Energy Rule), which implements a provision of the Energy Independence
and Security Act of 2007 (EISA) that requires the Department to
establish revised-performance standards for the construction of all new
Federal buildings, including commercial buildings, multi-family high-
rise residential buildings, and low-rise residential buildings. As
directed by EISA, this rule would require reductions in Federal
agencies' on-site use of fossil fuels, and provides processes by which
agencies can petition DOE for the downward adjustment of these targets
for their buildings. For covered buildings for which design for
construction or whole building renovation begins in fiscal year 2030 or
beyond, the onsite fossil fuel-generated energy consumption of the
building must be zero for all building types and climate zones, based
on the calculation established in the regulations, and consistent with
the requirements of EISA. DOE initiated this rulemaking in 2010, and
published its current proposal through a supplemental notice of
proposed rulemaking (SNOPR) published in the Federal Register in
December of 2022. DOE hosted a public stakeholder meeting (January
2022) to present its updated proposal and accept feedback from
stakeholders. DOE also solicited formal public comments from
stakeholders through March (2023), receiving 49 comment submissions,
which will be addressed in DOE's Final Rule (anticipated March 2024).
Federal Authorizations for Interstate Electric Transmission Facilities
This rulemaking proposes to provide an updated process for the
timely coordination of Federal authorizations for proposed interstate
electric transmission facilities pursuant to section 216(h) of the
Federal Power Act (FPA) (16 U.S.C. 824p(h)). The U.S. Department of
Energy (DOE) is proposing to establish an integrated and comprehensive
Coordinated Interagency Transmission Authorizations and Permits Program
(CITAP Program), to ensure electric transmission projects are
[[Page 9347]]
developed expeditiously and consistent with the nation's environmental
laws, including laws that protect endangered and threatened species,
critical habitats, and historic properties. The CITAP Program improves
the Integrated Interagency Pre-Application (IIP) Process by ensuring
timely submission of materials necessary for Federal authorizations and
related environmental reviews. Under the program, project proponents
develop resource reports and public engagement plans for communities
that would be affected by a proposed qualifying project through an
iterative and collaborative process with Federal agencies, while
providing that those Federal agencies would remain responsible for
completion of environmental review. DOE will coordinate submission of
the materials necessary for federal authorizations and related
environmental reviews required under Federal law to site the qualified
electric transmission facilities.
Throughout the rulemaking process, DOE has taken steps to encourage
public participation in the rulemaking. On August 23, 2023, DOE held a
public meeting for the proposed rulemaking in which DOE provided a
briefing of the proposed regulatory text and gave participants the
opportunity to provide comments on the proposed rule. Throughout the
comment period, DOE has also provided briefings to various stakeholder
groups and encouraged the submission of comments through the processes
outlined in the notice of proposed rulemaking. Likewise, after the
comment period closes on October 2, 2023, DOE intends to continue
providing stakeholder briefings to groups wishing to learn more about
the proposed rule.
DOE--ENERGY EFFICIENCY AND RENEWABLE ENERGY (EE)
Final Rule Stage
45. Clean Energy for New Federal Buildings and Major Renovations of
Federal Buildings [1904-AB96]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 6834(a)(3)(D)
CFR Citation: 10 CFR 433; 10 CFR 435.
Legal Deadline: Other, Statutory, Subject to the requirements in 42
U.S.C. 6834(a)(3)(D).
Abstract: This rulemaking implements provisions of the Energy
Independence and Security Act of 2007 (EISA) that require the U.S.
Department of Energy (DOE) to establish revised-performance standards
for the construction of all new Federal buildings, including
commercial, multi-family high-rise residential and low- rise
residential buildings. This rulemaking will specifically address the
reduction of fossil fuel-generated energy consumption in new buildings
and buildings undergoing major renovations, as well as how agencies may
petition DOE for a downward adjustment of the requirements if they
believe meeting required energy reduction levels would be technically
impracticable. DOE has published a supplemental proposal with a new
focus that accounts for the needs of Federal agencies and the goals of
President Biden's Administration and responds to comments received on
prior rulemaking documents. This document proposes standards that would
require reductions in Federal agencies' on-site use of fossil fuels
(which include coal, petroleum, natural gas, oil shales, bitumens, tar
sands, and heavy oils) consistent with the targets of ECPA and EISA and
provides processes by which agencies can petition DOE for the downward
adjustment of said targets for buildings. DOE issued this effort was
previously reported as the Fossil Fuel-Generated Energy Consumption
Reduction for New Federal Buildings and Major Renovations of Federal
Buildings rulemaking.
Statement of Need: The Energy Independence and Security Act of 2007
(EISA 2007) requires certain new Federal buildings and Federal
buildings undergoing major renovations to meet fossil fuel-generated
consumption reduction targets based on fiscal year.
Summary of Legal Basis: Section 433(a) of EISA 2007 2007 (Pub. L.
110-140) amended section 305 of the Energy Conservation and Production
Act (ECPA) and directed the DOE to establish regulations that require
fossil fuel-generated energy consumption reductions for certain new
Federal buildings and Federal buildings undergoing major renovations.
(42 U.S.C. 6834(a)(3)(D)(i)) For these buildings, section 305 of ECPA,
as amended by EISA 2007, mandates that the buildings be designed so
that a building's fossil fuel-generated energy consumption is reduced
as compared with such energy consumption by a similar building in
fiscal year (FY) 2003 (as measured by Commercial Buildings Energy
Consumption Survey (CBECS) or Residential Energy Consumption Survey
(RECS) data from the DOE's Energy Information Administration (EIA)) by
55 percent beginning in FY2010, 65 percent beginning in FY2015, 80
percent beginning in FY2020, 90 percent beginning in FY2025, and 100
percent beginning in FY2030. (42 U.S.C. 6834(a)(3)(D)(i)(I))
Alternatives: The statute requires DOE to establish regulations
implementing the specific fossil fuel-generated energy consumption
targets for certain new Federal buildings and Federal buildings
undergoing major renovations. The targets may be adjusted with respect
to a specific building upon petition from an agency, with agreement
from the DOE Secretary. In implementing these regulations, DOE
considers the technologies available to achieve the statutory targets
and those relevant for petitions submitted by agencies.
Anticipated Cost and Benefits: The cumulative net present value
(NPV) of the proposed Clean Energy Rule compliant buildings ranges from
-$16.0 million (at a 7-percent discount rate) to -$85.3 million (at a
3-percent discount rate). DOE also analyzed an additional case where
the future grid emission factors were assumed to follow a 95% reduction
by 2035 (95 by 2035) profile as defined in the National Renewable
Energy Laboratory's (NREL) 2021 Standard Scenarios Report: A U.S.
Electricity Sector Outlook. This case represents a change in national
electricity generation which assumes national power sector
CO2 emissions reach 95% below 2005 levels by 2035 and are
eliminated on a net basis by 2050. The cumulative NPV of the proposed
Clean Energy Rule compliant buildings in the 95 by 2035 case ranges
from $104.6 million (at a 7-percent discount rate) to $83.4 million (at
a 3-percent discount rate).
Risks: Optional field--no response.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/15/10 75 FR 63404
NPRM Comment Period End............. 12/14/10 .......................
Supplemental NPRM................... 10/14/14 79 FR 61693
Supplemental NPRM Comment Period End 12/15/14 .......................
Supplemental NPRM................... 12/21/22 87 FR 78382
Public Meeting (webinar) held 12/21/22 87 FR 78382
January 5, 2023.
Supplemental NPRM Comment Period End 02/21/23 .......................
Supplemental NPRM Comment Period 02/27/23 88 FR 12267
Reopened.
[[Page 9348]]
Supplemental NPRM Comment Period 03/23/23 .......................
Reopened End.
Final Action........................ 04/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal.
URL For More Information: www.energy.gov/eere/femp/notices-and-rules.
URL For Public Comments: www.regulations.gov.
Agency Contact: Laura Zuber, Attorney, Department of Energy, 1000
Independence Avenue SW, Washington, DC 20585, Phone: 240 306-7651,
Email: [email protected].
RIN: 1904-AB96
DOE--EE
46. Energy Conservation Standards for Consumer Water Heaters [1904-
AD91]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Unfunded Mandates: This action may affect the private sector under
Public Law 104-4.
Legal Authority: 42 U.S.C. 6295(m)(1)
CFR Citation: 10 CFR 430.
Legal Deadline: Other, Statutory, Subject to 6-year-look-back in 42
U.S.C. 6295(m)(1).
Abstract: Consistent with the requirements under the Energy Policy
and Conservation Act (EPCA), as amended, the U.S. Department of Energy
(DOE) is examining whether to amend the current energy conservation
standards for consumer water heaters found at 10 CFR 430.32(d). Once
completed, this rulemaking will fulfill DOE's statutory obligation to
either propose amended standards for this product or determine that the
standards do not need to be amended. In this rulemaking, DOE has
tentatively concluded that the proposed standards represent the maximum
improvement in energy efficiency that is technologically feasible and
economically justified, and would result in the significant
conservation of energy. Specifically, with regards to technological
feasibility, products achieving these proposed standard levels are
already commercially available for all product classes covered by the
proposal. As for economic justification, DOE's analysis shows that the
benefits of the proposed standards exceed the burdens of the proposed
standards.
Statement of Need: The Energy Policy and Conservation Act requires
minimum energy efficiency standards for certain appliances and
commercial equipment, including consumer water heaters. (42 U.S.C.
6292(a)(4))
Summary of Legal Basis: Title III of the Energy Policy and
Conservation Act (EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as
codified), established the Energy Conservation Program for Consumer
Products Other Than Automobiles. Pursuant to EPCA, any new or amended
energy conservation standard that the U.S. Department of Energy (DOE)
prescribes for certain products, such as consumer water heaters, shall
be designed to achieve the maximum improvement in energy efficiency
that is technologically feasible and economically justified (42 U.S.C.
6295(o)(2)(A)) and to result in a significant conservation of energy
(42 U.S.C. 6295(o)(3)(B)). EPCA provides that not later the six years
after the issuance of any final rule establishing or amending a
standard, DOE must publish either a notice of determination that
standards for the product do not need to be amended, or a notice of
proposed rulemaking including new proposed energy conservation
standards (proceeding to a final rule, as appropriate). (42 U.S.C.
6295(m)(1))
Alternatives: The statute requires DOE to conduct rulemakings to
review standards and to revise standards to achieve the maximum
improvement in energy efficiency that the Secretary determines is
technologically feasible and economically justified. In making this
determination, DOE conducts a thorough analysis of alternative standard
levels, including the existing standard, based on the criteria
specified in the statute.
Anticipated Cost and Benefits: DOE finds that the benefits to the
Nation of the proposed energy conservation standards for Consumer Water
Heaters (such as energy savings, consumer average life-cycle cost
savings, an increase in national net present value, and emissions
reductions) outweigh the burdens (such as loss of industry net present
value). For consumer water heaters, DOE estimates that energy savings
(in terms of uniform energy factor (UEF)) will be 27 quads over 30
years and that the cumulative net present value (NPV) of total consumer
benefits of the proposed standards for consumer water heaters will be
between $56 billion at a 7-percent discount rate and $161 billion at a
3-percent discount rate.
Risks: Optional field--no response.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information (RFI)....... 05/21/20 85 FR 30853
RFI Comment Period End.............. 07/06/20 .......................
Notice of Webinar and Availability 03/01/22 87 FR 11327
of Preliminary Technical Support
Document.
Public Meeting...................... 04/12/22 .......................
Preliminary Technical Support 05/02/22 .......................
Document Comment Period End.
RFI Comment Period Reopened......... 05/04/22 87 FR 26303
RFI Comment Period Reopened End..... 05/16/22 .......................
NPRM................................ 07/28/23 88 FR 49058
Public Meeting...................... 09/13/23 .......................
NPRM Comment Period End............. 09/26/23 .......................
Final Action........................ 04/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: Undetermined.
Agency Contact: Julia Hegarty, Department of Energy, 1000
Independence Avenue SW, Washington, DC 20585, Phone: 240 597-6737,
Email: [email protected].
RIN: 1904-AD91
DOE--DEPARTMENTAL AND OTHERS (ENDEP)
Final Rule Stage
47. Coordination of Federal Authorizations for Electric Transmission
Facilities [1901-AB62]
Priority: Other Significant.
Legal Authority: 16 U.S.C. 824p(h)
CFR Citation: 10 CFR part 900.
Legal Deadline: None.
Abstract: This rulemaking proposes to provide an updated process
for the timely submission of information needed for Federal
authorizations for proposed electric transmission facilities pursuant
to section 216(h) of the Federal Power Act (FPA) (16 U.S.C. 824p(h)).
It seeks to ensure electric transmission projects are developed
consistent with the nation's environmental laws, including laws that
protect endangered and threatened species, critical habitats, and
historic properties. It provides a framework, called the Integrated
Interagency Pre-Application (IIP) Process, by which the U.S. Department
of Energy (DOE) will coordinate submission of materials necessary for
[[Page 9349]]
federal authorizations and related environmental reviews required under
Federal law to site qualified electric transmission facilities, and
integrates that IIP Process into the Federal Electric Transmission
Authorization Coordination Program.
Statement of Need: To address capacity constraints and congestion
on the nation's electric transmission grid, DOE is amending 10 CFR part
900 to establish a Coordinated Interagency Transmission Authorizations
and Permits Program (CITAP Program) to reduce the time required for
transmission project developers to receive decisions on Federal
authorizations for interstate transmission projects.
Summary of Legal Basis: The Energy Policy Act of 2005 (Pub. L. 109-
58) (EPAct) established a national policy to enhance coordination and
communication among Federal agencies with authority to site electric
transmission facilities. Section 1221(a) of EPAct added a new section
216 to part II of the Federal Power Act (16 U.S.C. 824p) (FPA), which
sets forth provisions relevant to the siting of interstate electric
transmission facilities. Section 216(h) of the FPA (16 U.S.C. 824p(h)),
Coordination of Federal Authorizations for Transmission Facilities,
requires the DOE to coordinate all Federal authorizations and related
environmental reviews needed for siting interstate electric
transmission projects, including National Environmental Policy Act of
1969 (Pub. L. 91-190, as amended, 42 U.S.C. 4321 et seq.) (NEPA)
reviews. In response to the investments made in clean energy by the
infrastructure Investment and Jobs Act (IIJA) (Pub. L. 117-58) and the
Inflation Reduction Act (IRA) (Pub. L. 117-169), DOE is proposing to
amend its section 216(h) implementing regulations, found in 10 CFR part
900, to implement this authority and better coordinate review of
Federal authorizations to expediently increase interstate electric
transmission infrastructure.
Alternatives: The U.S. Department of Agriculture, Department of
Commerce, Department of Defense, Department of Energy, the
Environmental Protection Agency, the Council on Environmental Quality,
the Federal Permitting Improvement Steering Council, Department of the
Interior, and the Office of Management and Budget Regarding
Facilitating Federal Authorizations for Electric Transmission
Facilities entered into a Memorandum of Understanding, executed May
2023, to expedite the siting, permitting, and construction of electric
transmission infrastructure in the United States under section 216(h)
of the Federal Power Act (FPA), 16 U.S.C. 824p(h), as enacted by
section 1221(a) of the Energy Policy Act of 2005, as such, alternatives
were not considered.
Anticipated Cost and Benefits: The societal costs of the action are
the direct costs incurred by project proponents during the IIP Process.
Most of the information required to be submitted during the IIP Process
would likely be required absent this proposal and therefore the
investment of time and resources required by this proposed process are
unlikely to be an additional burden on respondents. However, the full
costs are considered for transparency. These costs of $399,083 per year
are detailed in the Paperwork Reduction Act burden analysis. The 10-
year and 20-year net present value of those annual costs, assuming 2%
annual inflation, are $3.8 million and 7.2 million under a 3% discount
rate, and $3.1 million and 5.0 million under a 7% discount rate.
The benefits of the CITAP Program, designed to reduce the Federal
authorization timelines for interstate electric transmission facilities
and enable more rapid deployment of transmission infrastructure,
include direct benefits to the project proponents in decreased time and
expenditure on authorizations and a series of indirect social benefits.
Increasing the current pace of transmission infrastructure deployment
will generate benefits to the public in multiple ways that can be
categorized into grid operations, system planning, and non-market
benefits. Grid operation benefits include a reduction in the congestion
costs for generating and delivering energy; mitigation of weather and
variable generation uncertainty enhanced diversity of supply, which
increases market competition and reduces the need for regional backup
power options; and increased market liquidity and competition. From a
system planning standpoint, accelerated transmission investments will
allow the development of new, low-cost power plants in areas of high
congestion which might not otherwise see investment due to capacity
constraints, and additional grid hardening or resilience. Finally, non-
market benefits to the public include reduced costs for meeting public
policy goals related to emissions and equitable energy access, as well
as emissions reductions system wide.
Risks: Optional field--no response.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/16/23 88 FR 55826
Notice of Public Meeting............ 08/22/23 88 FR 57011
Public Meeting...................... 08/23/23 .......................
NPRM Comment Period End............. 10/02/23 .......................
Final Action........................ 03/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Undetermined.
Agency Contact: Gabriel Daly, Department of Energy, 1000
Independence Avenue SW, Washington, DC 20585, Phone: 240 597-6973,
Email: [email protected].
RIN: 1901-AB62
BILLING CODE 6450-01-P
DEPARTMENT OF HEALTH & HUMAN SERVICES
Statement of Regulatory Priorities for Fiscal Year 2024
As the Federal agency with principal responsibility for protecting
the health of all Americans and providing essential human services, the
Department of Health and Human Services (HHS or the Department)
implements programs that strengthen the health care system; advance
scientific knowledge and innovation; and improve the health, safety,
and wellbeing of the American people.
The Department's Regulatory Plan for Fiscal Year (FY) 2024 focuses
on lowering costs and expanding coverage, reducing disparities and
advancing equity, increasing public health preparedness, and supporting
the wellbeing of families and communities. Highlights from the FY2024
Regulatory Plan include:
Policies to expand access to affordable care and protect
health coverage following the end of the COVID-19 public health
emergency.
Policies to strengthen Federal early care and education
programs that enhance quality of services to children and families,
lower child care costs for working families, and provide needed support
to early educators.
Advancing health and safety across the health care
delivery system through policies and programs that promote health
equity.
Expanding access to the full continuum of mental health
and substance use prevention, treatment, and recovery.
Bolstering the Department's ability to identify and
prevent future public health threats.
[[Page 9350]]
Improving the Department's ability to identify foodborne
illnesses and advancing work to improve consumers' ability to access
nutritious food to prevent disease and protect public health.
Strengthening services for older Americans to allow them
to remain in their communities.
Ensuring that children and youth receive safe and
appropriate care and support in order to thrive.
In short, the Department's Regulatory Plan reflects the Biden-
Harris Administration's commitment to continue building a better,
healthier America, through rules designed to protect and enhance the
lives of every person touched by HHS programs.
I. Lowering Health Care Costs and Expanding Access to Coverage
The Biden-Harris Administration has worked to expand and strengthen
coverage for millions of Americans enrolled in Medicare, Medicaid, or
ACA Marketplace plans. In implementing key provisions of the Inflation
Reduction Act, HHS rules will help lower the cost of prescription drugs
in Medicare. HHS has prioritized efforts to protect health coverage
following the end of the COVID-19 public health emergency, working with
State partners to make it easier for beneficiaries and consumers to
stay covered.
a. Enhancing Coverage and Access in the ACA Marketplaces, Medicaid,
CHIP, and Medicare
Rulemaking related to Medicare, Medicaid, and the ACA Marketplaces
will strengthen coverage under these programs and help make it easier
for Americans to stay covered. In response to the President's Executive
Orders to strengthen Medicaid and the ACA, HHS rules will simplify the
enrollment process to help maintain continuous coverage for vulnerable
populations and reduce administrative burdens for States, while
improving access to care, quality, and health outcomes across delivery
systems. HHS rules will set a minimum access standard in Medicaid and
CHIP programs, advancing access to care for adult and pediatric
populations in primary care, behavioral health, home and community-
based services and maternal health.
In collaboration with the Departments of Labor and Treasury, HHS
has issued proposed rules to improve the comprehensiveness of coverage
and protect consumers from low-quality coverage. These rules will help
to expand access to mental health and substance use care and preventive
services as well as ensure that consumers protected from buying
coverage through Short-Term, Limited-Duration Insurance (STLDI) that
provide little to no coverage and can discriminate against those with
pre-existing conditions.
In addition, CMS will issue annual payment rules and notices over
the next year that affect federal health programs, including Medicare
and the ACA Marketplace. Though they are not included in the HHS
Regulatory Plan, these rules will include policies that further the
Secretary's priority of expanding access to affordable, high-quality
health care.
b. Expanding the Accessibility and Affordability of Drugs and Medical
Products
Under the Inflation Reduction Act (IRA), HHS policy will allow
Medicare to negotiate the cost of some drugs and provide coverage
without cost sharing for recommended vaccines in the Medicare program.
The IRA will require rebates if the cost of some Medicare Part B
physician-administered drugs rise faster than the rate of inflation--
reducing costs and increasing peace of mind for millions of older
Americans and those with disabilities.
Consistent with the President's drug pricing priorities, revisions
to the 340B Drug Pricing Program's (340B Program) Administrative
Dispute Resolution (ADR) rule would establish new requirements and
procedures for the Program's ADR process, making the process more
equitable and accessible for participation, while supporting the
Program's mission to expand access to health care for underserved
communities.
c. Streamlining the Secure Exchange of Health Information
The secure exchange of health information and interoperability
among health care providers and other entities improves patient care,
promotes competition, reduces costs, and provides more accurate public
health data. Upcoming HHS rulemaking will implement provisions of the
21st Century Cures Act to set out disincentives for health care
providers who engage in information blocking, ensuring effective health
information exchange and patient access to quality care. HHS will also
issue proposed modifications to the HIPAA Security Rule to improve
cybersecurity in the health care sector by strengthening requirements
for HIPAA regulated entities to safeguard individuals' electronic
protected health information to prevent, detect, contain, mitigate, and
recover from cybersecurity threats.
II. Reducing Disparities and Advancing Equity
Equity is the focus of over a dozen Executive Orders issued by
President Biden, and it remains a cornerstone of the Biden-Harris
Administration's agenda. The Department recognizes that people of
color; people with disabilities; lesbian, gay, bisexual, transgender,
queer, and intersex (LGBTQI+) people; and other underserved groups in
the U.S. have been systematically denied a full and fair opportunity to
participate in economic, social, and civic life. Among its other
manifestations, this history of inequality shows up as persistent
disparities in health and social outcomes and in access to care.
As the Federal agency responsible for ensuring the health and
wellbeing of Americans, the Department, under Secretary Becerra's
leadership, is committed to tackling these entrenched inequities and
their root causes throughout its programs and policies. The
Department's regulatory priority of reducing disparities and advancing
equity includes rules aimed at preventing and remedying discrimination,
strengthening health and safety standards for consumer products that
impact underserved communities, and promoting equity in federally
supported health care services.
In addition to the specific rulemakings identified in this section,
HHS is committed to advancing equity in all aspects of the Department's
work. Consistent with President Biden's Executive Order on Advancing
Racial Equity and Support for Underserved Communities Through the
Federal Government (E.O. 13985), the Department's efforts in this area
include an ongoing assessment of whether underserved communities face
barriers in accessing benefits and opportunities in HHS programs and
whether policy changes are necessary to advance equity. This process
continues to inform the Department's broader regulatory agenda.
Further, HHS continues to seek out meaningful and equitable
opportunities for public input by a range of interested or affected
individuals and communities, including underserved communities, to
inform our regulatory actions consistent with Executive Order 14094,
Modernizing Regulatory Review.
a. Preventing and Remedying Discrimination
The HHS Regulatory Plan includes actions to eliminate
discrimination as a barrier for historically marginalized communities
seeking access to HHS programs and activities. For instance,
[[Page 9351]]
the Department plans to finalize its rule on nondiscrimination in
health programs and activities, which would amend the existing
regulations implementing Section 1557 of the ACA, ensuring that the
regulations reflect the proper scope of the statute's protections.
Because discrimination in the U.S. health care system is a driver of
health disparities, the Section 1557 regulations present a key
opportunity for the Department to promote equity and ensure protection
of health care as a right.
Additionally, the Department has issued a proposed rule addressing
discrimination on the basis of disability in health and human services
programs or activities. This rule would revise regulations under
section 504 of the Rehabilitation Act of 1973 to address unlawful
discrimination on the basis of disability in HHS-funded health and
human services programs. The proposed rule includes new requirements
prohibiting discrimination in the areas of medical treatment; the use
of value assessments; web, mobile, and kiosk accessibility; and
requirements for accessible medical equipment, so that persons with
disabilities have an opportunity to participate in or benefit from
health care programs and activities that is equal to the opportunity
afforded others. It also adds a section on child welfare to expand on
and clarify the obligation to provide nondiscriminatory child welfare
services. The proposed rule would also update the definition of
disability and other provisions to ensure consistency with statutory
amendments to the Rehabilitation Act, enactment of the Americans with
Disabilities Act and the Americans with Disabilities Amendments Act of
2008, the Affordable Care Act, as well as Supreme Court and other
significant court cases. It also further clarifies the obligation to
provide services in the most integrated setting.
b. Strengthening Health and Safety Standards for Consumer Products,
Including Those That Disproportionately Impact Underserved Communities
To protect the public health and advance equity, the Department
continues to pursue regulatory action with respect to consumer products
that harm the health of underserved groups.
Further, the Department plans to finalize two rules that prohibit
menthol as a characterizing flavor in cigarettes and prohibit all
characterizing flavors (other than tobacco) in cigars. These and other
potential future regulatory actions would significantly reduce disease
and death from combusted tobacco product use, the leading cause of
preventable death in the United States.
The regulations are also expected to promote better health outcomes
across population groups. Evidence shows that menthol cigarettes are
disproportionately marketed to specific communities--such as
disproportionate storefront and outdoor marketing, as well as point-of-
sale marketing, in Black, Hispanic, and low-income communities. The
disparities in tobacco marketing and use shape disparities in tobacco-
related disease and death. These planned regulatory actions on tobacco
are expected not only to benefit the population as a whole, but in
doing so, also substantially decrease tobacco-related health
disparities.
c. Promoting Equity in Federally Supported Health Care Services
The Department continues to seek out opportunities to embed equity
throughout HHS programs and policies, including in federally supported
health care services, and through upcoming rulemaking aimed at
identifying appropriate culturally competent and person-centered care
requirements for Medicare and Medicaid participating providers. The
Department will continue to provide comprehensive, culturally
appropriate and quality personal and public health services to American
Indian and Alaskan Native people through the Indian Health Service
(IHS).
III. Increasing Public Health Preparedness
Protecting the nation's public health is a primary responsibility
of the Department. This responsibility includes ensuring that the right
protections and infrastructure are in place to help the nation to
respond to public health threats and outbreaks quickly and effectively.
It also includes ensuring healthy and safe food for every American
through protections against foodborne illness in the food supply chain.
In service of this regulatory priority, over the next year, the
Department is pursuing rules that would bolster the nation's resilience
to better manage the long-term effects of COVID-19 and future public
health threats and improve Americans' access to safe and nutritious
food.
a. Bolstering the Nation's Resilience To Manage COVID-19 and Future
Public Health Threats
In the context of COVID-19 and other disease outbreaks, it is
crucial for public health authorities to be able to identify and
evaluate persons who may have been exposed to a communicable disease.
Currently, the Centers for Disease Control and Prevention (CDC) is
authorized to require airlines to collect certain data regarding
passengers and crew arriving from foreign countries for the purposes of
health education, treatment, prophylaxis, or other appropriate public
health interventions, including contact tracing and travel
restrictions. The Department intends to finalize a rulemaking in FY
2024 that allows the Department to continue to receive data in a timely
manner and more effectively provide critical public health services in
response to COVID-19 and other communicable diseases that may put
Americans' health at risk.
HHS will also propose rulemaking that incorporates learnings from
the public health emergency into updates to national emergency
preparedness requirements for participating Medicare and Medicaid
providers, to assure adequate planning for natural and man-made
disasters, including climate-related disasters, and coordination with
official emergency preparedness systems.
b. Improving Access to Safe and Nutritious Food
To help ensure healthy and safe food for every American, the HHS
Regulatory Plan includes rules that improve the Department's ability to
identify foodborne illnesses, prevent them from reoccurring, and remove
unsafe products from the market. For example, the Department intends to
finalize a rule intended to improve the safety of produce by requiring
farms to conduct comprehensive assessments of pre- harvest agricultural
water that would help farms identify and mitigate hazards in water used
to grow produce.
The HHS Regulatory Plan also supports the goals of the White House
Conference and Strategy on Hunger, Nutrition, and Health, by advancing
work to improve consumers' ability to access nutritious food to prevent
disease and protect public health. The Department seeks to improve
dietary patterns in the United States to help reduce the burden of
diet-related chronic diseases. Another way HHS is working towards
creating a healthier food supply is by proposing a rule that would
permit use of salt substitutes, rather than salt, to help reduce the
amount of sodium in standardized foods. Moreover, proposed rulemaking
that would standardize food package labeling and finalization of a rule
updating the definition of the term ``healthy'' would help consumers
more easily identify nutritious foods and maintain healthy diets.
[[Page 9352]]
IV. Supporting the Wellbeing of Families and Communities
The Department strives to support the wellbeing of Americans by
funding and providing access to a range of critical social services.
Millions of people benefit from HHS programs that help older adults and
people with disabilities participate fully in their communities,
promote opportunity and economic security for families, help refugees
and other eligible newcomers integrate and thrive, and provide care for
unaccompanied children. The Secretary recognizes that these programs
and forms of assistance are more important than ever due to ongoing
consequences of the pandemic, which have had an outsized impact on
people of color and other underserved communities.
To sustain and strengthen these essential benefits and services,
the Department is prioritizing regulations that would improve their
quality and accessibility while reducing burdens and increasing the
efficiency of service delivery. The Secretary's regulatory priority in
this area includes rules aimed at strengthening high-quality services
for older adults, expanding opportunities for children and youth to
thrive, and providing pathways to economic success.
a. Strengthening High-Quality Services for Older Adults
The HHS Regulatory Plan includes rules aimed at enhancing the
ability of Administration for Community Living (ACL) programs to
protect the rights and wellbeing of older adults. For instance, the
Department plans to finalize regulations for Adult Protective Services
(APS) programs that will strengthen services for older adults and
adults with disabilities that may experience elder abuse.
Furthermore, consistent with the Biden-Harris Administration's
Nursing Home Reform Action Plan, the Department's Regulatory Plan
includes efforts to improve the safety and quality of care in the
nation's nursing homes. For example, the Department plans to finalize
rules that institute minimum staffing standards in nursing homes,
protect residents, and prevent fraud, waste, and abuse, and mandate
transparency of ownership, management, and other information regarding
Medicare skilled nursing facilities (SNFs) and Medicaid nursing
facilities. These efforts complement the Department's ongoing efforts
to also strengthen long term services and supports delivered to older
adults and people with disabilities in their homes and communities.
Notably, consistent with the Administration's commitment to
maximize transparency and public engagement, and to allow communities
greater opportunities to provide input in the regulatory process, HHS
sought the expertise of colleagues in the Office of Management and
Budget, the General Services Administration, and the Consumer Financial
Protection Bureau to inform an alternative approach to public comments
for the proposed nursing home minimum staffing rule. The Department
ultimately established and disseminated in public materials a direct
web link to allow a more accessible comment submission path to the
public, lowering the barriers to participation for the nursing home
residents, families, and facility staff who will be directly impacted
by this regulation.
b. Expanding Opportunities for Children and Youth To Thrive
The Department's mission to provide effective human services
includes a focus on protecting the wellbeing of children and youth.
This focus has special significance given the ongoing consequences of
the pandemic, which have deeply affected the lives of children and
youth--particularly Black, Latino, Indigenous, Native American, and
other underserved youth with disproportionate involvement in the child
welfare system. Several rules planned for FY 2024 are aimed at
enhancing programs and protections for youth and families experiencing
foster care, unaccompanied children in the Department's care, and
individuals entitled to child support.
As part of its focus on the foster care and the child welfare
system, the Department plans to clarify requirements for title IV-E/IV-
B agencies to effectively serve LGBTQI+ children and families by
ensuring safe and appropriate foster care placements and ensure a
process that is responsive to children's concerns. The Department
recently issued a final rule allowing licensing standards for relative
or kinship foster family homes that are different from non-relative or
non-kinship homes. These changes reduce barriers to licensing for
relatives and kin who can provide continuity and a safe and loving home
for children when they cannot be with their parents. Additionally, the
Department recently issued a proposed rule to facilitate the provision
of independent legal representation to a child who is a candidate for
foster care, or in foster care, and to a parent preparing for
participation in foster care legal proceedings. Improving access to
independent legal representation may help prevent the removal of a
child from the home or, for a child in foster care, achieve permanence
faster.
The Department will also finalize a rule to amend the Child Care
and Development Fund (CCDF) regulations with changes that will lower
child care costs for families, increase parent's child care options,
reduce barriers to receiving child care assistance, increase payments
to providers, support higher program quality, and improve child care
stability.
Moreover, the Department will propose a rule that aims to improve
the quality, stability, and continuity of comprehensive Head Start
services for thousands of children and their families by adding
provisions to the Head Start Program Performance standards to better
support the Head Start workforce.
The Department also plans to finalize a rule to strengthen services
and protections for unaccompanied children in its care.
c. Providing Pathways to Economic Success
In administering the Temporary Assistance for Needy Families (TANF)
program, the Department works with States, territories, and tribes to
help children and families achieve economic success. The COVID-19
pandemic highlighted the importance of using Federal investments and
existing program flexibilities strategically to reduce family poverty
and alleviate economic crises, especially for families of color and
underserved communities. In the next year, the Department plans to
finalize a rule to reform the TANF program to strengthen its role as a
safety net and for families and individuals with the lowest incomes.
The proposed rule would strengthen TANF's role in supporting family
well-being and work, as well as creating additional accountability for
States to ensure TANF funds serve their intended purpose, while
maintaining State flexibility. These changes are intended to improve
the overall wellbeing of families while addressing inequities in
program services and policies.
Additionally, the Department is proposing Federal support for
employment and training services for non-custodial parents as a
supplement to traditional enforcement tools, to make the child support
program more effective and help noncustodial parents find and sustain
work to be able to support their children.
[[Page 9353]]
HHS--OFFICE FOR CIVIL RIGHTS (OCR)
Proposed Rule Stage
48. Rulemaking on Discrimination on the Basis of Disability in Health
and Human Services Programs or Activities [0945-AA15]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: sec. 504 of the Rehabilitation Act of 1973; 29
U.S.C. 794
CFR Citation: 45 CFR 84.
Legal Deadline: None.
Abstract: This proposed rule would revise regulations under section
504 of the Rehabilitation Act of 1973 to address discrimination on the
basis of disability in HHS-funded programs and activities. Covered
topics include nondiscrimination in medical treatment; child welfare
programs and activities; value assessment methods; accessible medical
equipment; accessible web content, mobile apps, and kiosks; and other
relevant health and human services activities.
Statement of Need: To robustly enforce the prohibition of
discrimination on the basis of disability, OCR will update the section
504 of the Rehabilitation Act regulations to clarify obligations and
address issues that have emerged in our enforcement experience
(including complaints OCR has received), case law, and statutory
changes under the Americans with Disabilities Act and other relevant
laws, in the forty-plus years since the regulation was promulgated. OCR
has heard from complainants and many other stakeholders, as well as
Federal partners, including the National Council on Disability, on the
need for updated regulations in a number of important areas.
Summary of Legal Basis: The current regulations have not been
updated to be consistent with the Americans with Disabilities Act, the
Americans with Disabilities Amendments Act, or the 1992 Amendments to
the Rehabilitation Act, all of which made changes that should be
reflected in the HHS section 504 regulations. Under Executive Order
12250, the Department of Justice has provided a template for HHS to
update this regulation.
Alternatives: OCR considered issuing guidance, and/or investigating
individual complaints and compliance reviews. However, we concluded
that not taking regulatory action could result in continued
discrimination, inequitable treatment and even untimely deaths of
people with disabilities. OCR continues to receive complaints alleging
serious acts of disability discrimination each year. While we continue
to engage in enforcement, we believe that our enforcement and
recipients' overall compliance with the law will be better supported by
the presence of a clearly articulated regulatory framework than
continuing the status quo. Continuing to conduct case-by-case
investigations without a broader framework risks lack of clarity on the
part of providers and violations of section 504 that could have been
avoided and may go unaddressed. By issuing a proposed rule, we are
undertaking the most efficient and effective means of promoting
compliance with section 504.
Anticipated Cost and Benefits: The Department anticipates that this
rulemaking will result in significant benefits, namely by providing
clear guidance to the covered entity community regarding requirements
to administer their health programs and activities in a non-
discriminatory manner. In turn, the Department anticipates cost savings
as individuals with disabilities can access a range of health care
services. The Department expects that the rule, when finalized, will
generate some changes in action and behavior that may generate some
costs. The rule will address a wide range of issues, with varying
impacts and a comprehensive analysis is underway. Total anticipated
costs are approximately $1,843.2 million (7% discount) or $1,782
million (3% discount) and total anticipated benefits are approximately
$1,864.3 million (7% discount) or 1,927.7 million (3% discount). There
are additional but necessary costs to make web content and mobile
applications accessible and to purchase accessible medical diagnostic
equipment (MDE). DOJ has issued/will issue substantially similar
rulemaking under Title II of the ADA, those costs are widely understood
to be necessary to ensure people with disabilities have equal or
comparable access to health and human services.
Risks: To be determined.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/14/23 88 FR 63392
NPRM Comment Period End............. 11/13/23 .......................
Final Action........................ 04/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: Local, State.
Agency Contact: Molly Burgdorf, Section Chief, Policy Division,
Department of Health and Human Services, Office for Civil Rights, 200
Independence Avenue SW, Washington, DC 20201, Phone: 800 368-1019, TDD
Phone: 800 537-7697, Email: [email protected].
RIN: 0945-AA15
HHS--OCR
49. Proposed Modifications to the HIPAA Security Rule To
Strengthen the Cybersecurity of Electronic Protected Health Information
[0945-AA22]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Unfunded Mandates: Undetermined.
Legal Authority: Health Insurance Portability and Accountability
Act of 1996 (HIPAA), sec. 262 (42 U.S.C. 1320d-2); Health Information
Technology for Economic and Clinical Health (HITECH) Act, sec. 13401
(42 U.S.C. 17931)
CFR Citation: 45 CFR 160; 45 CFR 164.
Legal Deadline: None.
Abstract: This rule will propose modifications to the Security
Standards for the Protection of Electronic Protected Health Information
(the Security Rule) under the Health Insurance Portability and
Accountability Act of 1996 (HIPAA) and the Health Information
Technology for Economic and Clinical Health Act of 2009 (HITECH Act).
These modifications will improve cybersecurity in the health care
sector by strengthening requirements for HIPAA regulated entities to
safeguard electronic protected health information to prevent, detect,
contain, mitigate, and recover from cybersecurity threats.
Statement of Need: In February 2003, the HIPAA Security Rule
established standards for the security of electronic protected health
information (ePHI) to be implemented by HIPAA covered entities and, by
amendment of the HITECH Act, their business associates (collectively,
``regulated entities''). Prior to the HIPAA Security Rule, standard
security measures did not exist in the health care industry to address
the security of ePHI while stored and exchanged between entities. Since
2003, the Department has received recommendations from the National
Committee on Vital and Health Statistics (NCVHS), an advisory committee
to the Secretary of HHS, and the public to update and strengthen
security standards to protect ePHI, especially in light of newer
threats not previously contemplated in 2003 such as ransomware.
Additionally, the
[[Page 9354]]
Department has reviewed media reports advocating the strengthening of
protections provided by the HIPAA Security Rule as well as a report
from a U.S. Senator advocating for modernizing HIPAA to increase
protections of ePHI in the face of current cyber threats.
Summary of Legal Basis: The current HIPAA Security Rule has not
been updated to address the recent dramatic increase in cyber-attacks
on the health care sector that are undermining the security of
individuals' ePHI. Section 1173(d) of the Social Security Act requires
the Secretary of HHS to adopt security standards that take into account
the technical capabilities of record systems used to maintain health
information, the costs of security measures, the need to train persons
who have access to health information, the value of audit trails in
computerized record systems, and the needs and capabilities of small
health care providers and rural health care providers. Since
publication of the HIPAA Security Rule in 2003, there has been an
evolution in technical capabilities of record systems used to maintain
health information and costs of security measures that support updating
the HIPAA Security Rule to help ensure that it can continue to provide
a baseline of security standards to meet current and emerging security
risks and threats to ePHI.
Alternatives: HHS considered whether these policy updates could be
implemented through guidance. However, the Department determined that
this would be insufficient to prevent and address cybersecurity threats
and vulnerabilities facing the U.S. health care system. Revisions to
the existing HIPAA Security Rule will help ensure the cybersecurity of
individuals' ePHI.
Anticipated Cost and Benefits: To be determined.
Risks: To be determined.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Small Entities Affected: Businesses, Governmental Jurisdictions,
Organizations.
Government Levels Affected: Undetermined.
Federalism: Undetermined.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
Agency Contact: Marissa Gordon-Nguyen, Senior Advisor for Health
Information Privacy, Data, and Cybersecurity Policy, Department of
Health and Human Services, Office for Civil Rights, 200 Independence
Avenue SW, Washington, DC 20201, Phone: 800 368-1019, TDD Phone: 800
537-7697, Email: [email protected].
RIN: 0945-AA22
HHS--OCR
Final Rule Stage
50. Confidentiality of Substance Use Disorder Patient Records [0945-
AA16]
Priority: Other Significant.
Legal Authority: 42 U.S.C. 290dd-2 amended by the Coronavirus Aid,
Relief, and Economic Security Act (the CARES Act), Pub. L. 116-136,
sec. 3221 (March 27, 2020); Health Information Technology for Economic
and Clinical Health (HITECH) Act, Pub. L. 111-5, sec. 13402 and 13405
(February 17, 2009); Health Insurance Portability and Accountability
Act of 1996 (HIPAA) Pub. L. 104-191, sec. 264 (August 21, 1996); Social
Security Act, Pub. L. 74-271 (August 14, 1935) (see secs. 1171 to 1179
of the Social Security Act, 42 U.S.C. 1320d to 1320d-8)
CFR Citation: 42 CFR 2; 45 CFR 160; 45 CFR 164.
Legal Deadline: NPRM, Statutory, March 27, 2021. The CARES Act
requires revisions to regulations with respect to uses and disclosures
of information occurring on or after the date that is 12 months after
the date of enactment of the Act (March 27, 2021); and not later than
one year after the date of enactment, an update to the Notice of
Privacy Practices (NPP) provisions of the HIPAA Privacy Rule at 45 CFR
164.520.
Abstract: This final rule, to be issued in coordination with the
Substance Abuse and Mental Health Services Administration (SAMHSA),
would implement provisions of section 3221 of the CARES Act. Section
3221 amended 42 U.S.C. 290dd-2 to better harmonize the 42 CFR part 2
(part 2) confidentiality requirements with certain permissions and
requirements of the HIPAA Rules and the HITECH Act.
Statement of Need: Rulemaking is needed to implement section 3221
of the CARES Act, which modified the statute that establishes
protections for the confidentiality of substance use disorder (SUD)
treatment records and authorizes the implementing regulations at 42 CFR
part 2 (part 2). As required by the CARES Act, this regulation will:
(1) Align certain provisions of part 2 with aspects of the HIPAA
Privacy, Breach Notification, and Enforcement Rules. (2) Strengthen
part 2 protections against uses and disclosures of patients' SUD
records for civil, criminal, administrative, and legislative
proceedings. (3) Require that a HIPAA Notice of Privacy Practices
address privacy practices with respect to part 2 records.
Summary of Legal Basis: Section 3221(i) of the CARES Act requires
rulemaking as may be necessary to implement and enforce section 3221.
Alternatives: HHS considered whether the CARES Act provisions could
be implemented through guidance. However, rulemaking is required
because the current part 2 regulations are inconsistent with the
authorizing statute, as amended by the CARES Act. HHS considered
whether to include the anti-discrimination provisions of section
3221(g) in this rulemaking. However, because implementation of the
anti-discrimination provisions implicates numerous civil rights
authorities, which require collaboration with the Department of
Justice, HHS will address the anti-discrimination provisions in a
separate rulemaking.
Anticipated Cost and Benefits: HHS estimates that the effects of
the requirements for regulated entities would result in new costs of
$64,299,891 within 12 months of implementing the final rule, followed
by $2,514,756 of recurring annual costs in years two through five. HHS
estimates these first-year costs would be partially offset by
$12,755,378 annual cost savings, resulting in overall net costs of
$10,582,027 over 5 years.
Risks: To be determined.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/02/22 87 FR 74216
NPRM Comment Period End............. 01/31/23 .......................
Final Action........................ 11/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses, Governmental Jurisdictions,
Organizations.
Government Levels Affected: Federal, Local, State, Tribal.
Agency Contact: Marissa Gordon-Nguyen, Senior Advisor for Health
Information Privacy, Data, and Cybersecurity Policy, Department of
Health and Human Services, Office for Civil Rights, 200 Independence
Avenue SW, Washington, DC 20201, Phone: 800
[[Page 9355]]
368-1019, TDD Phone: 800 537-7697, Email: [email protected].
RIN: 0945-AA16
HHS--OCR
51. Nondiscrimination in Health Programs and Activities [0945-AA17]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: sec. 1557 of the Patient Protection and Affordable
Care Act (42 U.S.C. 18116); 42 U.S.C. 1302; 42 U.S.C. 1395; 42 U.S.C.
1395eee(f); 42 U.S.C. 1396u-4(f); 42 U.S.C. 2000d-1; 20 U.S.C. 1405; 29
U.S.C. 794; 42 U.S.C. 290dd-2; 21 U.S.C. 1174; 42 U.S.C. 300gg to
300gg-63; 42 U.S.C. 300gg-91; 42 U.S.C. 300gg-92; 42 U.S.C. 300gg-111
to 300gg-139 as amended, sec. 3203; Pub. L. 116-136, 134 Stat. 281; 42
U.S.C. 18021 to 18024; 42 U.S.C. 18031 to 18033; 42 U.S.C. 18041 to
18042; 42 U.S.C. 18044; 42 U.S.C. 18051; 42 U.S.C. 18054; 42 U.S.C.
18061; 42 U.S.C. 18063; 42 U.S.C. 18071; 42 U.S.C. 18081 to 18083; 26
U.S.C. 36B
CFR Citation: 42 CFR 438; 42 CFR 440; 42 CFR 457; 42 CFR 460; 45
CFR 80; 45 CFR 84; 45 CFR 86; 45 CFR 91; 45 CFR 92; 45 CFR 147; 45 CFR
155; 45 CFR 156; . . .
Legal Deadline: None.
Abstract: This rule proposed to address changes to the 2020 Final
Rule implementing section 1557 of the Patient Protection and Affordable
Care Act (PPACA). Section 1557 of PPACA prohibits discrimination on the
basis of race, color, national origin, sex, age, or disability under
any health program or activity, any part of which is receiving Federal
financial assistance, including credits, subsidies, or contracts of
insurance, or under any program or activity that is administered by an
Executive Agency, or any entity established under title l of the PPACA.
Statement of Need: The Biden-Harris Administration has made
advancing health equity and nondiscrimination in health care a
cornerstone of its policy agenda. The current section 1557 implementing
regulation significantly curtails the scope of application of section
1557 protections and creates uncertainty and ambiguity as to what
constitutes prohibited discrimination in covered health programs and
activities. Issuance of a revised section 1557 implementing regulation
is important because it would provide clear and concise regulations
that are consistent with the statutory text and protect historically
marginalized communities as they seek access to health programs and
activities.
Summary of Legal Basis: The Secretary of the Department is
statutorily authorized to promulgate regulations to implement section
1557. 42 U.S.C. 18116(c). The current section 1557 Final Rule (issued
in 2020) is in litigation.
Alternatives: The Department has considered the alternative of
maintaining the section 1557 implementing regulation in its current
form; however, the Department believes it is appropriate to undertake
rulemaking given the Administration's commitment to advancing equity
and access to health care and in light of the issues raised in
litigation challenges to the current rule.
Anticipated Cost and Benefits: In enacting section 1557 of the ACA,
Congress recognized the benefits of equal access to health services and
health insurance that all individuals should have, regardless of their
race, color, national origin, sex, age, or disability. The Department
anticipates that this rulemaking will result in significant benefits
that are difficult to quantify, namely by providing clear guidance to
the covered entity community regarding requirements to administer their
health programs and activities in a non-discriminatory manner. In turn,
the Department anticipates cost savings as individuals are able to
access a range of health care services that will result in decreased
health disparities among historically marginalized groups and increased
health benefits. The Department estimates annualized costs over a 5-
year time horizon of about $551 million or $560 million; however, it is
important to recognize that this rule applies pre-existing
nondiscrimination requirements in Federal civil rights laws to various
entities, the great majority of which have been covered by these
requirements for years.
Risks: To be determined.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/04/22 87 FR 47751
NPRM Comment Period End............. 10/03/22 .......................
Final Action........................ 01/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal, Local, State.
URL For More Information: https://www.hhs.gov/civil-rights/for-individuals/section-1557/index.html.
URL For Public Comments: https://www.regulations.gov/document/HHS-OS-2022-0012-0001.
Agency Contact: Daniel Shieh, Associate Deputy Director, Policy
Division, Department of Health and Human Services, Office for Civil
Rights, 200 Independence Avenue SW, Washington, DC 20201, Phone: 800
368-1019, Email: [email protected].
Related RIN: Related to 0945-AA02, Related to 0945-AA11
RIN: 0945-AA17
HHS--OCR
52. Safeguarding the Rights of Conscience as Protected by Federal
Statutes [0945-AA18]
Priority: Section 3(f)(1) Significant. Major status under 5 U.S.C.
801 is undetermined.
Unfunded Mandates: Undetermined.
Legal Authority: 5 U.S.C. 301
CFR Citation: 44 CFR 88.
Legal Deadline: None.
Abstract: The Department proposed to partially rescind the May 21,
2019, final rule entitled, Protecting Statutory Conscience Rights in
Health Care; Delegations of Authority (2019 Final Rule), while leaving
in effect the framework created by the February 23, 2011, final rule,
entitled, Regulation for the Enforcement of Federal Health Care
Provider Conscience Protection Laws. The Department also proposed to
retain, with some modifications, certain provisions of the 2019 Final
Rule regarding federal conscience protections but eliminate others.
Statement of Need: The Biden-Harris Administration takes seriously
its obligations to comply with Federal conscience laws and the balance
that Congress struck through these statutes. This rule demonstrates the
Department's commitment to educating patients, providers, and other
covered entities about their rights and obligations under the
conscience statutes and to ensure compliance with those authorities.
Summary of Legal Basis: The Secretary of the Department of Health &
Human Services is statutorily authorized to promulgate regulations to
prescribe regulations for the government of his department, the conduct
of its employees, the distribution and performance of its business, and
the custody, use, and preservation of its records, papers, and
property. 5 U.S.C. 301. The current Conscience Final Rule (issued in
2019) is in pending litigation.
Alternatives: The Department has considered the alternative of
maintaining the current regulation in its current form; however, the
Department believes it is appropriate to undertake rulemaking in light
of the issues raised
[[Page 9356]]
in litigation challenges to the current rule.
Anticipated Cost and Benefits: The Department estimates that the
final rule would generate cost savings of $725.5 million using a 3-
percent discount rate and $586.4 million using a 7-percent discount
rate over the next five years.
Risks: To be determined.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/05/23 88 FR 820
NPRM Comment Period End............. 03/06/23 .......................
Final Action........................ 11/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Organizations.
Government Levels Affected: Federal, Local, State
Agency Contact: David Christensen, Section Chief, Policy Division,
Department of Health and Human Services, Office for Civil Rights, 200
Independence Avenue SW, Washington, DC 20201, Phone: 800 368-1019,
Email: [email protected].
Related RIN: Related to 0945-AA10
RIN: 0945-AA18
HHS--OCR
53. Health and Human Services Grants Regulation [0945-AA19]
Priority: Other Significant.
Legal Authority: 5 U.S.C. 301
CFR Citation: 45 CFR 75.
Legal Deadline: None.
Abstract: This final rule will repromulgate certain
nondiscrimination provisions of the Uniform Administrative
Requirements, 45 CFR part 75, under the Department's Housekeeping
Authority, 5 U.S.C. 301. The rule will clarify the Department's public
policy requirement that no person otherwise eligible will be
discriminated against in the administration of HHS grants, consistent
with applicable federal statute and applicable Supreme Court precedent.
It will also set forth a list of thirteen Federal statutes which
prohibit discrimination on the basis of sex to include on the basis of
sexual orientation and gender identity, consistent with the Supreme
Court's decision in Bostock v. Clayton County.
Statement of Need: This rule is needed to provide the Department
with uniform regulations governing HHS grants, put the Department in
the best position to defend HHS from ongoing litigation risk, and
provide certainty to participants in HHS grant programs.
Summary of Legal Basis: This rule is promulgated under 5 U.S.C. 301
and the December 26, 2013 OMB requirements, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
Awards, 79 FR 75867.
Alternatives: The Department published a final rule in 2021, 86 FR
2257. That rule was vacated by a federal district court because it had
not been promulgated in compliance with the Administrative Procedure
Act. Thus, HHS effectively reverts to the prior Final Rule (2016 Grants
Rule), 81 FR 89393, which is currently not being enforced due to a 2019
Notice of Nonenforcement, 84 FR 63809. Both the 2016 Grants Rule and
the 2019 Notice of Nonenforcement are subject to litigation risk. If
OCR did not promulgate this new Grants Rule, HHS could lift the 2019
Notice of Nonenforcement and defend the 2016 Grants Rule. However, we
believe that issuing the proposed rule is the most effective way to
provide the Department with uniform grants regulations in a manner that
avoids costly litigation.
Anticipated Cost and Benefits: The Department expects the benefits
of regulatory clarity will simplify compliance and ensure fair and
nondiscriminatory administration of covered programs under this rule.
Costs associated with implementing this administrative change include
costs for grantees to become familiar with the rule and for some
covered entities to seek an exemption from the rule.
Risks: To be determined.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/13/23 88 FR 44750
NPRM Comment Period End............. 09/11/23 .......................
Final Action........................ 03/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: David Hyams, Section Chief, Policy Division,
Department of Health and Human Services, Office for Civil Rights, 200
Independence Avenue SW, Washington, DC 20201, Phone: 800 368-1019,
Email: [email protected].
Related RIN: Related to 0991-AC06, Related to 0991-AC16
RIN: 0945-AA19
HHS--OCR
54. Proposed Modifications to the HIPAA Privacy Rule To Support
Reproductive Health Care Privacy [0945-AA20]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: Health Insurance Portability and Accountability
Act (PL 104-191); Executive Order 14076, Protecting Access to
Reproductive Healthcare Services
CFR Citation: 45 CFR 160; 45 CFR 164.
Legal Deadline: None.
Abstract: This final rule will modify the Standards for Privacy of
Individually Identifiable Health Information (Privacy Rule) under the
Health Insurance Portability and Accountability Act of 1996 (HIPAA) and
the Health Information Technology for Economic and Clinical Health Act
of 2009 (HITECH Act). These modifications will modify existing
standards permitting uses and disclosures of protected health
information (PHI) by limiting uses and disclosures of PHI for certain
purposes.
Statement of Need: HIPAA and the HIPAA Rules promote access to
health care by establishing standards for the privacy of PHI to protect
the confidentiality of individuals' health information. These
protections promote the development and maintenance of confidence and
trust between individuals and covered entities, and help to improve the
completeness and accuracy of individual medical records. The Privacy
Rule, as it has been amended over time, carefully balances the
interests of individuals and society in identifiable health information
by establishing when and how such information may be used and
disclosed, with and without the individual's permission. The Department
has received communications from members of Congress and the public and
reviewed media reports indicating concerns and confusion regarding the
role of the Privacy Rule in protecting the privacy of individual's
health information, given the evolution of state law in the area of
reproductive health care.
Summary of Legal Basis: The current HIPAA Privacy Rule has not been
updated to reflect the evolution in state law that undermines the
privacy of individuals' protected health information, particularly for
use in investigations into or legal proceedings against persons in
connection with reproductive health care. The final rule is consistent
with Executive Order 14076, which directed the Secretary of
[[Page 9357]]
Health and Human Services to consider actions to strengthen the
protection of sensitive information related to reproductive healthcare
services and bolster patient-provider confidentiality.
Alternatives: HHS considered whether these policy changes could be
implemented through guidance. However, the Department determined that
this would be insufficient to address the concerns that have arisen in
the wake of the recent evolution in state law pertaining to
reproductive health care that has jeopardize the privacy of
individuals' protected health information and affected individuals'
relationship with their health care providers and the U.S. health care
system. Revisions to the existing HIPAA Privacy Rule are necessary to
reestablish that trust and to ensure the privacy of individuals'
protected health information.
Anticipated Cost and Benefits: HHS estimates that the effects of
the requirements for regulated entities would result in new costs of
$611,831,396 within 12 months of implementing the final rule, followed
by approximately $67,831,396 of recurring annual costs in years two
through five. The Department anticipates that this rulemaking will
result in significant benefits that are difficult to quantify because
the area of health care the proposed rule addresses is among the most
sensitive for patients and providers if privacy is violated.
Additionally, the value of privacy, which cannot be recovered once
lost, and trust that privacy will be protected by others, is difficult
to quantify fully. The rule would prevent or reduce numerous harms,
resulting in non-quantifiable benefits to patient and providers.
Risks: To be determined.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/17/23 88 FR 23506
NPRM Comment Period End............. 06/16/23 .......................
Final Action........................ 03/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Small Entities Affected: Businesses, Governmental Jurisdictions,
Organizations.
Government Levels Affected: Federal, Local, State, Tribal.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
Agency Contact: Marissa Gordon-Nguyen, Senior Advisor for Health
Information Privacy, Data, and Cybersecurity Policy, Department of
Health and Human Services, Office for Civil Rights, 200 Independence
Avenue SW, Washington, DC 20201, Phone: 800 368-1019, TDD Phone: 800
537-7697, Email: [email protected].
RIN: 0945-AA20
HHS--OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION
TECHNOLOGY (ONC)
Proposed Rule Stage
55. Establishment of Disincentives for Health Care Providers Who Have
Committed Information Blocking [0955-AA05]
Priority: Substantive, Nonsignificant.
Legal Authority: 42 U.S.C. 300jj-52; 42 U.S.C. 1302; 42 U.S.C.
1306; 42 U.S.C. 1395hh; 42 U.S.C. 1395jjj; 42 U.S.C. 1395rr(1); 5
U.S.C. 552.2
CFR Citation: 45 CFR 171; 42 CFR 414; 42 CFR 425; 42 CFR 495.
Legal Deadline: None.
Abstract: The rulemaking implements certain provisions of the 21st
Century Cures Act (Cures Act) to establish appropriate disincentives
for health care providers determined by the HHS Inspector General to
have committed information blocking. Consistent with the Cures Act, the
rulemaking establishes a first set of disincentives using HHS
authorities under applicable Federal law, including authorities
delegated to the Centers for Medicare & Medicaid Services.
Statement of Need: The rulemaking would implement a provision of
the Cures Act which requires the HHS Office of the Inspector General
(OIG) to refer health care providers that OIG determines to have
committed information blocking to the appropriate agency to be subject
to appropriate disincentives using authorities under applicable Federal
law, as the Secretary sets forth through notice and comment rulemaking.
Release of the proposed rule is needed to implement this critical
component of the Cures Act and ensure effective enforcement of
information blocking rules.
Summary of Legal Basis: The provisions would be implemented under
the authority of the Public Health Service Act, as amended by the Cures
Act.
Alternatives: ONC will consider different available authorities
under which appropriate disincentives could be established deter
information blocking and still minimize regulatory burden for health
care providers.
Anticipated Cost and Benefits: The costs of this proposed rule
would be minimal. Investigated parties may incur some costs in response
to an OIG investigation or the application of a disincentive by an HHS
agency, however, this would depend on the frequency of prohibited
conduct. The expected benefits of the regulation are deterring
information and its negative impacts on many important aspects of
health care, including effective health information exchange, patient
access, duplicative testing and costs, and the availability and quality
of care.
Risks: We anticipate that health care providers will express
concern with the potential complexity of the approach (i.e., the
application of a range of disincentives based on available authorities)
as compared to a range of civil monetary penalties or fines. ONC will
continue to consider additional potential risks, identify them for
stakeholders, and seek comment from stakeholders during the comment
period for the proposed rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/01/23 88 FR 74947
NPRM Comment Period End............. 01/02/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Alex Baker, Federal Policy Branch Chief, Department
of Health and Human Services, Office of the National Coordinator for
Health Information Technology, 330 C Street SW, 7th Fl, Washington, DC
20201, Phone: 202 690-7151, Email: [email protected].
RIN: 0955-AA05
HHS--CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC)
Final Rule Stage
56. Control of Communicable Diseases; Foreign Quarantine [0920-AA75]
Priority: Other Significant.
Legal Authority: 42 U.S.C. 264; 42 U.S.C. 265
CFR Citation: 42 CFR 71.
Legal Deadline: None.
Abstract: This rulemaking amends current regulation to enable CDC
to require airlines to collect and provide to CDC certain data elements
regarding passengers and crew arriving from foreign countries under
certain circumstances.
Statement of Need: In order to control the introduction,
transmission, and
[[Page 9358]]
spread of communicable diseases such as COVID-19 into the United
States, the collection of traveler contact information helps ensure
that CDC and state and local health authorities are able to identify
and locate persons arriving in, or transiting through, the United
States from a foreign country who may have been exposed to a
communicable disease abroad.
Summary of Legal Basis: The Public Health Service Act (42 U.S.C.
264 and 268) authorizes the Secretary of the Department of Health and
Human Services to make and enforce regulations necessary to prevent the
introduction, transmission, or spread of communicable diseases from
foreign countries into the United States, or from one State or
possession into any other State or possession. Regulations that
implement federal quarantine authority are currently promulgated in 42
CFR parts 70 and 71. CDC's authority for collecting these data fields
is contained in 42 CFR 71.4.
Alternatives: The transmission of disease, as seen during the
COVID-19 pandemic, has the potential to lead to thousands or millions
of deaths in addition to the significant healthcare and economic costs.
Follow-up with passengers arriving from foreign countries who may be
infectious or exposed to a communicable disease is critical. The
alternative to collecting traveler contact information before their
flight is to collect the information from airlines following the
passenger's flight. When this was done in the past, some airlines took
several days to respond to a single request if the information was
available. In addition, there is significant time and labor required
for CDC to obtain additional information from federal databases and
process the received information into a format suitable for
distribution to state and local health authorities in the United
States. As a result, obtaining contact information after a flight,
assuming that information is available, can lead to a delay of several
days before health authorities can start contacting potentially exposed
travelers. This time delay allows for travelers to be lost to follow-up
or become symptomatic or infectious. The time required and costs
incurred under this alternative increase exponentially with multiple
post-flight manifest requests to airlines.
Anticipated Cost and Benefits: The annual, ongoing costs to collect
traveler contact information, in the form of airline and travel agency
staff time and passenger time, are estimated to be approximately $285
million. This does not include the initial costs for updating IT
systems and employee training, which have already been incurred. The
costs to the government are minimal, as the vast majority of passenger
information that is being collected is transmitted to the government
via established data systems that are already in use for other
purposes.
The benefits to this rulemaking include rapid follow-up by public
health authorities with passengers who may be infectious or exposed to
a communicable disease, resulting in less spread and transmission of
disease into and throughout the United States, helping to prevent
public health and economic costs. The availability of passenger contact
data may be used by public health authorities to slow the introduction
and transmission of novel infectious diseases, including new variants
of the SARS-CoV-2 virus, which causes COVID-19 disease.
Risks: The risk to not collecting this information is that CDC
would have to revert to previous ways of obtaining this information for
public health follow up. Some of those methods were time intensive and
resulted in delays in follow up.
The risk, although minimal, in collecting this information is that
airlines and international passengers often do not want to comply (or
may not want to comply) with the requirement. To date, however, CDC has
found instances of noncompliance have been very limited.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule Effective........ 02/07/20 .......................
Interim Final Rule.................. 02/12/20 85 FR 7874
Interim Final Rule Comment Period 03/13/20 .......................
End.
Final Action........................ 10/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: None.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
Agency Contact: Ashley C. Altenburger JD, Regulatory Analyst,
Department of Health and Human Services, Centers for Disease Control
and Prevention, 1600 Clifton Road NE, MS: H 16-4, Atlanta, GA 30307,
Phone: 800 232-4636, Email: [email protected].
RIN: 0920-AA75
HHS--FOOD AND DRUG ADMINISTRATION (FDA)
Proposed Rule Stage
57. Tobacco Product Standard for Nicotine Level of Certain Tobacco
Products [0910-AI76]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Unfunded Mandates: Undetermined.
Legal Authority: 21 U.S.C. 387g
CFR Citation: 21 CFR 1160.
Legal Deadline: None.
Abstract: The proposed rule is a tobacco product standard that
would establish a maximum nicotine level in cigarettes and certain
other finished tobacco products.
Statement of Need: Each year, 480,000 people die prematurely from a
smoking-attributed disease, making tobacco use the leading cause of
preventable disease and death in the United States. Nearly all these
adverse health effects are ultimately the result of addiction to the
nicotine in combusted tobacco products, leading to repeated exposure to
toxicants from those products. Nicotine is powerfully addictive. The
U.S. Surgeon General has reported that 87 percent of adult smokers
start smoking before age 18, and half of adult smokers become addicted
before age 18. This proposed rule is a tobacco product standard that
would establish a maximum nicotine level in cigarettes and certain
other finished tobacco products. Because tobacco-related harms
primarily result from addiction to products that repeatedly expose
users to toxins, FDA would take this action to reduce addictiveness of
certain tobacco products, thus giving addicted users a greater ability
to quit. This product standard would also help to prevent experimenters
(mainly youth) from initiating regular use, and, therefore, from
becoming regular smokers. The proposed product standard is anticipated
to benefit the population as a whole, while also advancing health
equity by addressing disparities associated with cigarette smoking,
dependence, and cessation.
Summary of Legal Basis: Section 907 of the FD&C Act authorizes the
adoption of tobacco product standards if the Secretary finds that a
tobacco product standard is appropriate for the protection of public
health, and includes authority related to provisions for nicotine
yields in tobacco product standards.
Alternatives: In addition to the costs and benefits of the product
standard as proposed, FDA plans to assess the costs and benefits of a
different effective date for the rule and the impact of including
[[Page 9359]]
additional tobacco products in the product standard.
Anticipated Cost and Benefits: The anticipated benefits of the
product standard include benefits from reduced death and disease
resulting from decreased tobacco use among adult consumers, reduced
death and disease from secondhand smoke, and reduced death and disease
among youth who are deterred from initiating under the product
standard. The qualitative benefits of the proposed rule include impacts
such as reduced illness and increased productivity for smokers and
nonsmokers, as well as reduced smoking-related fires, cigarette litter,
and other environmental impacts.
The proposed rule is expected to generate compliance costs on
affected entities, such as one-time costs to read and understand the
rule and alter manufacturing and importing practices; costs to some
consumers, such as search costs to research substitute products and
temporary withdrawal costs, and enforcement costs to the government.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: Federal, Local, State, Tribal.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
Agency Contact: Courtney Smith, Senior Regulatory Counsel,
Department of Health and Human Services, Food and Drug Administration,
Center for Tobacco Products, Document Control Center, Building 71, Room
G335, 10903 New Hampshire Avenue, Silver Spring, MD 20993 Phone: 877
287-1373, Fax: 877 287-1426, Email: [email protected].
RIN: 0910-AI76
HHS--FDA
58. Front-of-Package Nutrition Labeling [0910-AI80]
Priority: Section 3(f)(1) Significant. Major status under 5 U.S.C.
801 is undetermined.
Unfunded Mandates: Undetermined.
Legal Authority: Not Yet Determined
CFR Citation: 21 CFR 101.6 (new).
Legal Deadline: None.
Abstract: This proposed rule would require the front of food labels
to display certain nutrition information to help consumers, especially
those with lower nutrition knowledge, make more informed dietary
choices. Front-of-package (FOP) nutrition labeling is intended to
complement the Nutrition Facts label on packaged foods by giving
consumers additional context to help them quickly and easily identify
foods that can help them build a healthy eating pattern. A variety of
FOP labeling systems have been adopted in countries world-wide and the
experience in these countries suggests that FOP labeling may aid the
ability to make healthier choices. FDA plays a key role within a
broader, whole-of-government approach to help reduce the burden of
chronic diseases and advance health equity by helping to improve
dietary patterns in the U.S. This proposed rule is part of FDA's
nutrition efforts to empower consumers with nutrition information to
help them more easily identify healthier choices and may result in
industry innovation to produce healthier foods. FDA will conduct public
outreach on this project. FDA has held, and will continue to hold,
listening sessions with a wide range of stakeholders, including
consumer groups, public health organizations, academia, health care
groups, and industry. Additionally, the Reagan-Udall Foundation will
host a public meeting in November in collaboration with FDA to hear
input from a broad array of stakeholders, and we are launching a series
of Tribal Listening Sessions to begin a conversation with federally
recognized tribes on, among other things, our FOP initiative.
Statement of Need: HHS implemented its first mandatory nutrition
labeling 32 years ago. The resulting Nutrition Facts label is iconic
and 87% of American consumers report using the label. However, many
consumers, particularly those with lower nutrition literacy, may find
additional information on food packaging helpful in identifying foods
that are part of constructing a healthy diet. This proposed rule, if
finalized, could empower consumers with information to help them
quickly identify foods that can help them build a healthy eating
pattern.
Summary of Legal Basis: In general, our legal authority rests on
the 1990 Nutrition Labeling and Education Act, which gave the Secretary
the authority to require that certain nutrition information be conveyed
to allow the public to readily observe and comprehend such information
and to understand its relative significance in the context of a total
daily diet. (Nutrition Labeling and Education Act of 1990. Public Law
101-535, 104 Stat 2353, Sec. 2(b)(1)(A)). Authority for certain aspects
may also be found in section 403(q), 403(a)(1), and 201(n) of the
Federal Food, Drug, and Cosmetic Act (FD&C Act). In addition, section
701(a) of the FD&C Act authorizes the promulgation of regulations for
the efficient enforcement of the FD&C Act.
Alternatives: FDA will consider different options so that we
maximize benefits to consumers.
Anticipated Cost and Benefits: The proposed rule, if finalized, is
expected to generate compliance costs on affected entities, such as the
cost to label packaged foods and the one-time costs to read and
understand the rule. Estimated benefits to consumers TBD.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: Undetermined.
Federalism: Undetermined.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
Agency Contact: Mark Kantor Nutritionist, Department of Health and
Human Services Food and Drug Administration, CPK1 RM 3D034, HFS-830,
5001 Campus Drive, College Park, MD 20740, Phone: 240 402-2082, Email:
[email protected].
RIN: 0910-AI80
HHS--FDA
59. Medical Devices; Laboratory Developed Tests [0910-AI85]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Unfunded Mandates: This action may affect the private sector under
Public Law 104-4.
Legal Authority: 21 U.S.C. 321; 21 U.S.C. 331; 21 U.S.C. 351; 21
U.S.C. 352; 21 U.S.C. 360c; . . .
CFR Citation: 21 CFR 809.
Legal Deadline: None.
Abstract: This rule would amend the Food and Drug Administration's
regulations to make explicit that laboratory developed tests (LDTs) are
devices under the Federal Food, Drug, and Cosmetic Act (FD&C Act).
Statement of Need: In 1976, the Medical Device Amendments of 1976
(the MDA) amended the FD&C Act to create a comprehensive system for the
[[Page 9360]]
regulation of devices intended for human use. In implementing the MDA,
FDA has generally exercised enforcement discretion such that it
generally has not enforced applicable requirements with respect to most
LDTs. However, the risks associated with LDTs are much greater today
than they were at the time of enactment of the MDA, and today's LDTs
are more similar to other in vitro diagnostic products (IVDs) that have
not been under FDA's general enforcement discretion approach. This
rulemaking would amend FDA's regulations to reflect that the device
definition in the FD&C Act does not differentiate between entities
manufacturing the device. In conjunction with this amendment, FDA is
advancing a policy under which FDA intends to phase out its general
enforcement discretion approach for LDTs, so that IVDs manufactured by
a laboratory would generally fall under the same enforcement approach
as other IVDs. This action is necessary to redress the imbalance in
oversight of LDTs and other IVDs and to protect the public health by
helping to assure the safety and effectiveness of LDTs.
Summary of Legal Basis: FDA is issuing this rule under the Agency's
general rulemaking authorities and statutory authorities relating to
devices in the FD&C Act, including the definition of a device under
section 201(h)(1) of the FD&C Act and FDA's authority to issue
regulations for the efficient enforcement of the FD&C Act under section
701(a) of the FD&C Act.
Alternatives: The Agency has considered various options to protect
the public health by helping to assure the safety and effectiveness of
LDTs while avoiding undue disruption to the testing market.
Anticipated Cost and Benefits: This rule would result in compliance
costs for laboratories that are ensuring their IVDs are compliant with
applicable statutory and regulatory requirements. We anticipate that
the benefits would include a reduction in healthcare costs associated
with unsafe or ineffective tests, including tests promoted with false
or misleading claims, and from therapeutic decisions based on the
results of those tests.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/03/23 88 FR 68006
NPRM Comment Period End............. 12/04/23
Final Action........................ 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Eitan Bernstein, Regulatory Counsel, Department of
Health and Human Services, Food and Drug Administration, 10903 New
Hampshire Avenue, WO 66, Silver Spring, MD 20993, Phone: 240 402-9812,
Email: [email protected].
RIN: 0910-AI85
HHS--FDA
Final Rule Stage
60. Nonprescription Drug Product With an Additional Condition for
Nonprescription Use [0910-AH62]
Priority: Other Significant.
Legal Authority: 21 U.S.C. 321; 21 U.S.C. 352; 21 U.S.C. 355; 21
U.S.C. 371; 42 U.S.C. 262; 42 U.S.C. 264; . . .
CFR Citation: 21 CFR 201.67; 21 CFR 314.56; 21 CFR 314.81; 21 CFR
314.125; 21 CFR 314.127.
Legal Deadline: None.
Abstract: The final rule is intended to increase options for
applicants to develop and market safe and effective nonprescription
drug products, which could improve public health by broadening the
types of nonprescription drug products available to consumers. The
final rule would establish requirements for a drug product that could
be marketed as a nonprescription drug product with an additional
condition for nonprescription use (ACNU) that an applicant must
implement to ensure appropriate self-selection, appropriate actual use,
or both by consumers.
Statement of Need: Currently, nonprescription drug products are
limited to drugs that can be labeled with sufficient information for
consumers to appropriately self-select and use the drug product. For
certain drug products, limitations of labeling present challenges for
adequate communication of information needed for consumers to
appropriately self-select or use the drug product without the
supervision of a healthcare practitioner. FDA is finalizing regulations
that would establish the requirements for a drug product that could be
marketed as a nonprescription drug product with an ACNU that an
applicant must implement to ensure appropriate self-selection,
appropriate actual use or both by consumers.
Summary of Legal Basis: FDA's revisions to the regulations
regarding labeling and applications for nonprescription drug products
are authorized by the FD&C Act (21 U.S.C. 321 et seq.) and by the
Public Health Service Act (42 U.S.C. 262 and 264).
Alternatives: FDA evaluated various requirements for new drug
applications to assess flexibility of nonprescription drug product
design through drug labeling for appropriate self-selection and
appropriate use.
Anticipated Cost and Benefits: The benefits of the final rule would
include increased consumer access to drug products and reduced access
costs to these products as compared to their prescription alternatives.
Benefits to industry would arise from the flexibility in drug product
approval and the potential expansion of market revenue. Other benefits
would include a reduction in repetitive meetings with industry and the
Agency regarding this approval pathway. In addition, private and
government-sponsored drug coverage plans may experience cost savings.
Although applicants would incur the costs to develop and submit an
application for a nonprescription drug with an ACNU, they would likely
submit applications only when they expect that the profits from the
approval would exceed the costs of the application. Lastly, we
anticipate one-time costs of reading and understanding the rule that
potential applicants would incur.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/28/22 87 FR 38313
NPRM Comment Period End............. 10/26/22
NPRM Comment Period Extended........ 10/24/22 87 FR 64178
NPRM Comment Period Extended End.... 11/25/22
Final Rule.......................... 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Angela Mtungwa, Program Coordinator, Department of
Health and Human Services, Food and Drug Administration, 10903 New
Hampshire Avenue, Building 51, Room 4393, Silver Spring, MD 20993
Phone: 301 796-9329, Email: [email protected].
RIN: 0910-AH62
[[Page 9361]]
HHS--FDA
61. Nutrient Content Claims, Definition of Term: Healthy [0910-AI13]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Unfunded Mandates: This action may affect the private sector under
Public Law 104-4.
Legal Authority: 21 U.S.C. 321; 21 U.S.C. 331; 21 U.S.C. 343; 21
U.S.C. 371
CFR Citation: 10 CFR 101.65 (revision).
Legal Deadline: None.
Abstract: The rule would update the definition for the implied
nutrient content claim ``healthy'' to be consistent with current
nutrition science and federal dietary guidelines. The rule would revise
the requirements for when the claim ``healthy'' can be voluntarily used
in the labeling of human food products to indicate that a food, because
of its nutrient content, may be useful in achieving a total diet that
conforms to current dietary recommendations and helps consumers
maintain healthy dietary practices.
Statement of Need: This rule would update the ``healthy'' claim to
make it more consistent with advances in nutrition science and public
health recommendations, including those captured in recent changes to
the Nutrition Facts label. The existing definition of ``healthy'' is
based on nutrition recommendations regarding intake of fat, saturated
fat, and cholesterol, and specific nutrients Americans were not getting
enough of in the early 1990s. Nutrition recommendations have evolved
since that time and now emphasize healthy dietary patterns, which
include getting enough of certain foods from food groups such as
fruits, vegetables, low- fat dairy, and whole grains. Diet is a
contributing factor to chronic diseases, such as heart disease, cancer,
and stroke, which are the leading causes of death and disability in the
United States. Claims on food packages such as ``healthy'' can provide
quick signals to busy consumers about the healthfulness of a food or
beverage.
FDA is updating the existing definition of the ``healthy'' claim
based on the food groups recommended by the Dietary Guidelines for
Americans by requiring that food products bearing the claim contain a
certain amount of food from such food groups or subgroups. The rule
would also require a food product to be limited in saturated fat,
sodium, and added sugar. These updates would ensure that foods bearing
the claim are ones that are part of a healthy dietary pattern and are
recommended by current dietary guidelines. The rule is also part of
FDA's ongoing effort to empower consumers with information to help them
improve their nutrition and dietary patterns and reduce their risk of
diet-related chronic disease.
Summary of Legal Basis: FDA is issuing this rule under sections
201(n), 301(a), 403(a), 403(r), and 701(a) of the Federal Food, Drug,
and Cosmetic Act (FD&C Act) (21 U.S.C. 321(n), 331(a), 343(a), 343(r),
and 371(a)). These sections authorize the agency to adopt regulations
that prohibit labeling that bears claims that characterize the level of
a nutrient which is of a type required to be declared in nutrition
labeling unless the claim is made in accordance with a regulatory
definition established by FDA. Pursuant to this authority, FDA issued a
regulation defining the ``healthy'' implied nutrient content claim,
which is codified at 21 CFR 101.65. This rule would update the existing
definition to be consistent with current nutrition science and federal
dietary guidance.
Alternatives:
Alternative 1: Codify the alternative criteria in the current
enforcement discretion guidance.
In 2016, FDA published ``Use of the Term `Healthy' in the Labeling
of Human Food Products: Guidance for Industry.'' This guidance was
intended to advise food manufacturers of FDA's intent to exercise
enforcement discretion relative to foods that use the implied nutrient
content claim ``healthy'' on their labels which: (1) Are not low in
total fat, but have a fat profile makeup of predominantly mono and
polyunsaturated fats; or (2) contain at least 10 percent of the Daily
Value (DV) per reference amount customarily consumed (RACC) of
potassium or vitamin D.
One alternative is to codify the alternative criteria in this
guidance rather than the proposed update to the definition. Although
guidance is non-binding, we assume that most packaged food
manufacturers are aware of the guidance and, over the past 2 years,
have already made any adjustments to their products or product
packaging. Therefore, we assume that this alternative would have no
costs to industry and no benefits to consumers.
Alternative 2: Extend the compliance date by 1 year.
Extending the anticipated compliance date on the rule updating the
definition of healthy by 1 year would reduce costs to industry as they
would have more time to change products that may be affected by the
rule or potentially coordinate label changes with already scheduled
label changes. On the other hand, an extended compliance date runs the
risk of not being helpful to consumers because they may not know
whether a packaged food product labeled ``healthy'' follows the
existing definition or the updated one.
Anticipated Cost and Benefits: Food products bearing the
``healthy'' claim currently make up a small percentage (5%) of total
packaged foods. Quantified costs to manufacturers include labeling,
reformulating, and recordkeeping. Discounted at seven percent over 20
years, the mean present value of costs of the rule is $237 million,
with a lower bound of $110 million and an upper bound of $434 million.
Updating the definition of ``healthy'' to align with current
dietary recommendations can provide information to help consumers build
more healthful diets to help reduce their risk of diet-related chronic
diseases. Discounted at seven percent over 20 years, the mean present
value of benefits of the rule is $290 million, with a lower bound
estimate of $9 million and an upper bound estimate of $857 million.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/29/22 87 FR 59168
NPRM Comment Period End............. 12/28/22
NPRM Comment Period Extended........ 11/29/22 87 FR 73267
NPRM Comment Period Extended End.... 02/16/23
Final Action........................ 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: Undetermined.
Agency Contact: Vincent De Jesus, Nutritionist, Department of
Health and Human Services, Food and Drug Administration, Center for
Food Safety and Applied Nutrition (HFS-830), Room 3D-031, 5100 Paint
Branch Parkway, College Park, MD 20740, Phone: 240 402-1774, Fax: 301
436-1191, Email: [email protected].
RIN: 0910-AI13
HHS--FDA
62. Tobacco Product Standard for Characterizing Flavors in Cigars
[0910-AI28]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
[[Page 9362]]
Unfunded Mandates: This action may affect State, local or tribal
governments and the private sector.
Legal Authority: 21 U.S.C. 331; 21 U.S.C. 333; 21 U.S.C. 371(a); 21
U.S.C. 387b and 387c; 21 U.S.C. 387f(d) and 387g; . . .
CFR Citation: 21 CFR 1166.
Legal Deadline: None.
Abstract: This rule is a tobacco product standard that would
prohibit characterizing flavors (other than tobacco) in all cigars. We
are taking this action with the intention of reducing the tobacco-
related death and disease associated with cigar use. Evidence shows
that flavored tobacco products appeal to youth and also shows that
youth may be more likely to initiate tobacco use with such products.
Characterizing flavors in cigars, such as strawberry, grape, orange,
and cocoa, enhance taste and make these products easier to use. Over a
half million youth in the United States use flavored cigars, placing
these youth at risk for cigar-related death and disease.
Statement of Need: The Federal Food, Drug, and Cosmetic Act (FD&C
Act), as amended by the Family Smoking Prevention and Tobacco Control
Act (Tobacco Control Act), authorizes FDA to adopt tobacco product
standards under section 907 if the Secretary finds that a tobacco
product standard is appropriate for the protection of the public
health. This product standard will prohibit characterizing flavors
(other than tobacco) in all cigars. Characterizing flavors in cigars,
such as strawberry, grape, cocoa, and fruit punch, increase appeal and
make the cigars easier to use, particularly among youth and young
adults. This product standard will reduce the appeal of cigars,
particularly to youth and young adults, and thereby decrease the
likelihood of experimentation, development of nicotine dependence, and
progression to regular use. This product standard will improve public
health by increasing the likelihood of cessation among existing cigar
smokers; this product standard will also improve health outcomes within
groups that experience disproportionate levels of tobacco use,
including certain vulnerable populations.
Summary of Legal Basis: Section 907 of the FD&C Act authorizes the
adoption of tobacco product standards if the Secretary finds that a
tobacco product standard is appropriate for the protection of public
health. Section 907 also authorizes FDA to include in a product
standard a provision that restricts the sale and distribution of a
tobacco product to the extent that it may be restricted by a regulation
under section 906(d) of the FD&C Act. Section 906(d) of the FD&C Act
authorizes the Secretary to issue regulations requiring restrictions on
the sale and distribution of a tobacco product, including restrictions
on the access to, and the advertising and promotion of, the tobacco
product, if the Secretary determines that such regulation would be
appropriate for the protection of the public health. Section 701(a) of
the FD&C Act authorizes the promulgation of regulations for the
efficient enforcement of the FD&C Act.
Alternatives: In addition to the costs and benefits of the product
standard, FDA will assess the costs and benefits of, among other
things, a different effective date for the rule, and including pipe
tobacco in the product standard.
Anticipated Cost and Benefits: The anticipated benefits of the
product standard include those coming from reduced death and disease
that are the result of cigar use among adult cigar smokers, reduced
death and disease from secondhand smoke, and reduced death and disease
among youth who are deterred from initiating under the product
standard. The anticipated costs of the product standard are those to
firms to comply with the rule, to consumers impacted by the rule, and
to the government.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 03/21/18 83 FR 12294
ANPRM Comment Period End............ 07/19/18
NPRM................................ 05/04/22 87 FR 26396
NPRM Comment Period Extended........ 06/21/22 87 FR 36786
NPRM Comment Period End............. 07/05/22
NPRM Comment Period Extended End.... 08/02/22
Final Rule.......................... 03/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: Federal, Local, State, Tribal.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
Agency Contact: Nathan Mease, Regulatory Counsel, Department of
Health and Human Services, Food and Drug Administration, 10903 New
Hampshire Avenue, Center for Tobacco Products, Document Control Center,
Building 71, Room G335, Silver Spring, MD 20993, Phone: 877 287-1373,
Email: [email protected].
RIN: 0910-AI28
HHS--FDA
63. Standards for the Growing, Harvesting, Packing, and Holding of
Produce for Human Consumption Relating to Agricultural Water [0910-
AI49]
Priority: Other Significant.
Legal Authority: 21 U.S.C. 321; 21 U.S.C. 331; 21 U.S.C. 342; 21
U.S.C. 350h; 21 U.S.C. 371; 42 U.S.C. 243; 42 U.S.C. 264; 42 U.S.C.
271; . . .
CFR Citation: 21 CFR 112.
Legal Deadline: None.
Abstract: This rulemaking will revise certain requirements for
agricultural water for covered produce other than sprouts in the
Standards for the Growing, Harvesting, Packing, and Holding of Produce
for Human Consumption (produce safety) regulation for covered produce
other than sprouts.
Statement of Need: Agricultural water can be a major conduit of
pathogens that can contaminate produce. Recent produce outbreaks
potentially linked to agricultural water have emphasized the importance
of ensuring that FDA's agricultural water standards are workable across
the diversity of domestic and foreign farms and account for the variety
of factors that impact water sources and uses. FDA plans to amend its
produce safety regulation to address concerns about the practical
challenges of implementing certain agricultural water requirements for
covered produce other than sprouts, while protecting the public health.
Summary of Legal Basis: FDA's authority for issuing this rule is
provided by sections 402, 419, and 701(a) of the Federal Food, Drug,
and Cosmetic Act (FD&C Act) (21 U.S.C. 342, 350h, and 371(a)) and
sections 311, 361, and 368 of the Public Health Service Act (PHS Act)
(42 U.S.C. 243, 264, and 271).
Specifically, this rulemaking will amend certain agricultural water
requirements in the produce safety regulation, codified at 21 CFR part
112, and issued under the following authorities: Section 419(c)(1)(A)
of the FD&C Act (21 U.S.C. 350h(c)(1)(A)) authorizes FDA to establish
science-based minimum standards for the safe production and harvesting
of those types of fruits and vegetables that are raw agricultural
commodities for which such standards minimize the risk of serious
adverse health consequences or death. Section 419(c)(1)(B) of the FD&C
Act (21 U.S.C. 350h(c)(1)(B)) further
[[Page 9363]]
requires that these minimum standards provide sufficient flexibility to
be practicable for all sizes and types of businesses. Section 402(a)(3)
of the FD&C Act (21 U.S.C. 342(a)(3)) provides that a food is
adulterated if it consists in whole or in part of any filthy, putrid,
or decomposed substance, or if it is otherwise unfit for food. Section
402(a)(4) of the FD&C Act (21 U.S.C. 342(a)(4)) provides that a food is
adulterated if it has been prepared, packed, or held under insanitary
conditions whereby it may have become contaminated with filth, or
whereby it may have been rendered injurious to health. Additionally,
section 701(a) of the FD&C Act (21 U.S.C. 371(a)) grants the authority
to promulgate regulations for the efficient enforcement of the FD&C
Act. Sections 311, 361, and 368 of the PHS Act (21 U.S.C. 243, 264, and
271), provide authority for FDA to issue regulations to prevent the
spread of communicable diseases from one State to another.
Alternatives: None.
Anticipated Cost and Benefits: FDA anticipates costs associated
with complying with the water risk assessment provisions for non-sprout
covered produce.
This final rule will generate unquantified benefits stemming from
increasing flexibility and addressing practical implementation
challenges associated with certain agricultural water provisions for
covered produce other than sprouts in the produce safety regulation and
quantified benefits resulting from fewer illnesses caused by pre-
harvest agricultural water.
Risks: In a 2019 Report, the Interagency Food Safety Analytics
Collaboration (IFSAC) estimated that produce commodities cause 65
percent of foodborne E. coli O157 illnesses and over 40 percent of
foodborne Salmonella illnesses. Agricultural water can be a major
conduit for produce contamination. This rule is intended to address the
practical implementation challenges of certain agricultural water
requirements for covered produce other than sprouts, while protecting
public health by setting forth standards to minimize the risk of
serious adverse health consequences or death, including those
reasonably necessary to prevent the introduction of known or reasonably
foreseeable biological hazards into or onto produce, and provide
reasonable assurances that the produce is not adulterated on account of
those hazards.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/06/21 86 FR 69120
NPRM Comment Period End............. 04/05/22
Supplemental NPRM................... 07/19/22 87 FR 42973
Supplemental NPRM Comment Period End 09/19/22
Final Rule.......................... 02/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Undetermined.
Agency Contact: Samir Assar, Supervisory Consumer Safety Officer,
Department of Health and Human Services, Food and Drug Administration,
Center for Food Safety and Applied Nutrition, Office of Food Safety,
5001 Campus Drive, College Park, MD 20740, Phone: 240 402-1636, Email:
[email protected].
RIN: 0910-AI49
HHS--FDA
64. Tobacco Product Standard for Menthol in Cigarettes [0910-AI60]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Unfunded Mandates: This action may affect State, local or tribal
governments and the private sector.
Legal Authority: 21 U.S.C. 387g; 21 U.S.C. 371; 21 U.S.C. 387f
CFR Citation: Not Yet Determined.
Legal Deadline: None.
Abstract: This rule is a tobacco product standard to prohibit the
use of menthol as a characterizing flavor in cigarettes.
Statement of Need: The Federal Food, Drug, and Cosmetic Act (FD&C
Act), as amended by the Family Smoking Prevention and Tobacco Control
Act (Tobacco Control Act), authorizes FDA to adopt tobacco product
standards under section 907 if the Secretary finds that a tobacco
product standard is appropriate for the protection of the public
health. This product standard would prohibit menthol as a
characterizing flavor in cigarettes. The standard would reduce the
appeal of cigarettes, particularly to youth and young adults, and
thereby decrease the likelihood that nonusers who would otherwise
experiment with menthol cigarettes would progress to regular cigarette
smoking. In addition, the tobacco product standard would improve the
health and reduce the mortality risk of current menthol cigarette
smokers by decreasing cigarette consumption and increasing the
likelihood of cessation.
Summary of Legal Basis: Section 907 of the FD&C Act authorizes the
adoption of tobacco product standards if the Secretary finds that a
tobacco product standard is appropriate for the protection of public
health.
Alternatives: In addition to the costs and benefits of the rule,
FDA will assess the costs and benefits of extending the effective date
of the rule, creating a process by which some products may apply for an
exemption or variance from the product standard, and prohibiting
menthol as an intentional additive in cigarette products rather than
prohibiting menthol as a characterizing flavor.
Anticipated Cost and Benefits: The rule is expected to generate
compliance costs on affected entities, such as one-time costs to read
and understand the rule and alter manufacturing/importing practices.
The quantified benefits of the rule stem from improved health and
diminished exposure to tobacco smoke for users of cigarettes from
decreased experimentation, progression to regular use, and consumption
of menthol cigarettes. The qualitative benefits of the rule include
impacts such as reduced illness for smokers and non-smokers.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 07/24/13 78 FR 44484
ANPRM Comment Period End............ 09/23/13
NPRM................................ 05/04/22 87 FR 26454
NPRM Comment Period Extended........ 06/21/22 87 FR 36786
NPRM Comment Period End............. 07/05/22
NPRM Comment Period Extended End.... 08/02/22
Final Rule.......................... 03/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: Federal, Local, State, Tribal.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
Agency Contact: Beth Buckler, Senior Regulatory Counsel, Department
of Health and Human Services, Food and Drug Administration, Center for
Tobacco Products, 10903 New Hampshire Avenue, Document Control Center,
Building 71, Room G335, Silver Spring, MD 20993, Phone: 877 287-1373,
Email: [email protected].
RIN: 0910-AI60
[[Page 9364]]
HHS--HEALTH RESOURCES AND SERVICES ADMINISTRATION (HRSA)
Proposed Rule Stage
65. Countermeasures Injury Compensation Program: COVID-19
Countermeasures Injury Table [0906-AB31]
Priority: Other Significant.
Legal Authority: 42 U.S.C. 247d-6e
CFR Citation: 42 CFR 110.
Legal Deadline: None.
Abstract: This proposed rule would establish the COVID-19
Countermeasures Injury Table for the Countermeasures Injury
Compensation Program (CICP). The Public Readiness and Emergency
Preparedness Act (PREP Act) authorized the Secretary of HHS to
establish the CICP to provide benefits to certain persons who sustain
serious physical injury or death as a direct result of the
administration or use of covered countermeasures identified by the
Secretary in declarations issued under the PREP Act. In addition, the
Secretary may provide death benefits to certain survivors of
individuals who died as a direct result of covered injuries or their
health complications. One way that an individual who was administered
or used a covered countermeasure can show that they sustained a covered
injury is by demonstrating that they sustained an injury listed on a
Countermeasures Injury Table (Table) within the time interval set forth
on the Table. The Table will list and explain injuries that, based on
compelling, reliable, valid, medical, and scientific evidence, are
presumed to be caused by covered COVID-19 countermeasures, and set
forth the time periods in which the onset of these injuries must occur
after the administration or use of these covered COVID-19
countermeasures.
Statement of Need: The PREP Act directs the Secretary to establish,
through regulations, a Table identifying serious physical injuries that
are presumed to be directly caused by the administration or use of a
covered countermeasure. The Secretary may only identify such injuries
if it is determined based on compelling, reliable, valid, medical and
scientific evidence'' that the administration or use of the covered
countermeasure directly causes such covered injuries. A Table creates a
rebuttable presumption of causation, for compensation purposes, for
eligible individuals whose injuries are listed on and meet the
requirements of the Table.
Summary of Legal Basis: Section 319F-4 of the Public Health Service
Act, as amended, directs the Secretary, following issuance of a
declaration under Section 319F-3(b), to establish procedures for the
CICP to provide medical and lost employment benefits to certain
individuals who sustained a covered injury as the direct result of the
administration or use of a covered countermeasure consistent with a
declaration issued pursuant to section 319F-3(b), or in good faith
belief that administration or use of the covered countermeasure was
consistent with a declaration. The CICP's regulations are set forth in
42 CFR part 110. 42 CFR 110.20(a) states that individuals must
establish that a covered injury occurred to be eligible for benefits
under the Program. A covered injury is death or a serious injury
determined by the Secretary to be: (1) An injury meeting the
requirements of a Table, which is presumed to be the direct result of
the administration or use of a covered countermeasure unless the
Secretary determines there is another more likely cause; or (2) an
injury (or its health complications) that is the direct result of the
administration or use of a covered countermeasure. Through this NPRM,
the Secretary proposes to add the COVID-19 Countermeasures Injury Table
to subpart K of 42 CFR part 110, which lists Injury Tables for covered
countermeasures, by adding sections (e) and (f).
Alternatives: An alternative is to continue to review each claim
and the associated medical records individually to ensure the requester
has demonstrated that the injury occurred as the direct result of the
administration or use of a covered countermeasure. This approach would
be more time- and resource-intensive than providing an evidence-based
presumption of causation by publishing a COVID-19 Countermeasures
Injury Table for the CICP.
Anticipated Cost and Benefits: This NPRM will allow requesters who
were administered or used a covered COVID-19 countermeasure and whose
alleged injuries are listed on the Table, but who missed the one-year
filing deadline, to be able to file their claim within one year from
the publication of the Table. Also, future requesters, and previous
requesters who were denied compensation, will be able to benefit from
the presumption of causation afforded by their injuries being included
on the Table, rather than needing to prove causation on a case- by-case
basis. This will likely increase the number of claims filed and
compensated. However, in rare instances that a COVID-19 countermeasure
injury has occurred, this will decrease the burden on requesters
allowing them to more easily receive compensation that may include
reasonable unreimbursed medical expenses, lost employment income, and
survivor death benefit.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: CDR George Grimes, Director, Division of Injury
Compensation Programs, Department of Health and Human Services, Health
Resources and Services Administration, 5600 Fishers Lane, Room 08N146B,
Rockville, MD 20857, Phone: 855 266-2427, Email: [email protected].
RIN: 0906-AB31
HHS--HRSA
Final Rule Stage
66. 340B Drug Pricing Program; Administrative Dispute Resolution [0906-
AB28]
Priority: Other Significant.
Legal Authority: Not Yet Determined
CFR Citation: 42 CFR 10.
Legal Deadline: None.
Abstract: This final rule will revise the Administrative Dispute
Resolution (ADR) final rule currently in effect and apply to all drug
manufacturers and covered entities that participate in the 340B Drug
Pricing Program (340B Program). It will establish new requirements and
procedures for the 340B Program's ADR process. This administrative
process will allow covered entities and manufacturers to file claims
for specific compliance areas outlined in the statute after good faith
efforts have been exhausted by the parties.
Statement of Need: This final rule will revise the December 2020
340B Administrative Dispute Resolution (ADR) final rule, which became
effective January 13, 2021. The final rule will implement new
requirements and procedures for the 340B Program's ADR process. The
final rule applies to drug manufacturers and covered entities
participating in the 340B Drug Pricing Program (340B Program) by
allowing these entities to file claims for specific compliance areas
outlined in the 340B statute after good faith efforts have been
exhausted by the parties. It aligns with the President's priorities on
drug pricing, better reflects the current state
[[Page 9365]]
of the 340B Program, and seeks to correct procedural deficiencies in
the current 340B ADR process.
Summary of Legal Basis: Section 340B(d)(3) of the Public Health
Service Act (PHS Act) requires the Secretary to promulgate regulations
establishing and implementing an ADR process for certain disputes
arising under the 340B Program. Under the 340B statute, the purpose of
the ADR process is to resolve (1) claims by covered entities that they
have been overcharged for covered outpatient drugs by manufacturers and
(2) claims by manufacturers, after a manufacturer has conducted an
audit as authorized by section 340B(a)(5)(C) of the PHS Act, that a
covered entity has violated the prohibition on diversion or duplicate
discounts.
Alternatives: The 2020 340B ADR final rule would remain in effect.
This final rule is designed to be more accessible to stakeholders and
will use fewer stakeholder and government resources to resolve disputes
as opposed to the 2020 340B ADR final rule.
Anticipated Cost and Benefits: The ADR process will not have a
significant financial impact on stakeholders nor result in significant
costs. The final rule will enable stakeholders to resolve disputes in a
fair, efficient, and expeditious manner in accordance with section
340B(d)(3) of the Public Health Service Act.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/30/22 87 FR 73516
NPRM Comment Period End............. 01/30/23
Final Action........................ 12/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Michelle Herzog, Deputy Director, Office of
Pharmacy Affairs, Department of Health and Human Services, Health
Resources and Services Administration, 5600 Fishers Lane, 08W12,
Rockville, MD 20857, Phone: 301 443-4353, Email: [email protected].
RIN: 0906-AB28
HHS--CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS)
Proposed Rule Stage
67. Healthcare System Resiliency and Modernization (CMS-3426) [0938-
AU91]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Unfunded Mandates: This action may affect State, local or tribal
governments and the private sector.
Legal Authority: 42 U.S.C. 1395hh; 42 U.S.C 1302; 42 U.S.C. 1821;
42 U.S.C. 1832(a)(2)(F)(I); 42 U.S.C. 1861(dd)(1); 42 U.S.C. 1905(a)
CFR Citation: 42 CFR 403; 42 CFR 416; 42 CFR 418; 42 CFR 441; . . .
Legal Deadline: None.
Abstract: This rule proposes revisions to the regulations for all
Medicare- and Medicaid-participating providers and suppliers to ensure
continuous, ongoing access to safe and effective health care services.
Statement of Need: This proposed rule would revise and update
national emergency preparedness requirements for Medicare- and
Medicaid-participating providers and suppliers to plan adequately for
both natural and man-made disasters, including climate-related
disasters, and coordinate with federal, state, tribal, regional, and
local emergency preparedness systems based on lessons learned during
the COVID-19 public health emergency and other recent events. This rule
also proposes revisions that support health care system resiliency. The
need for this rule is based on feedback and public consultations with
healthcare providers, public health organizations and professionals,
and researchers, including multiple listening sessions. Participants
described how some organizations were unprepared for extended, wide-
spread, and concurrent emergencies. They expressed that improvements to
CMS requirements would support better care and outcomes for patients
during and after emergencies. In addition, this rule would advance
equity, increase access to culturally and linguistically appropriate
services, and address and improve outcomes and disparities in maternal
health care. Lastly, this rule would also advance equity and reduce
disparities across the continuum of care for patients by improving
transparency, patient education, and health literacy on the organ
donation and transplantation process. The proposals are in accordance
with Executive Orders 13985, 13988, 13995, and 14301 on Advancing
Racial Equity and Support for Underserved Communities through the
Federal Government, Preventing and Combating Discrimination on the
Basis of Gender Identity or Sexual Orientation, Ensuring an Equitable
Pandemic Response and Recovery, and on Advancing Equity, Justice, and
Opportunity for Asian Americans, Native Hawaiians, and Pacific
Islanders, respectively.
Summary of Legal Basis: There are various sections of the Social
Security Act (the Act) that define the types of providers and suppliers
that may participate in Medicare and Medicaid and list the requirements
that each provider and supplier must meet to be eligible for Medicare
and Medicaid participation. The Act also authorizes the Secretary to
establish other requirements as necessary to protect the health and
safety of patients, although the wording of such authority differs
slightly between provider and supplier types. Such requirements may
include the CoPs for providers, CfCs for suppliers, and requirements
for long term care facilities. The CoPs and CfCs are intended to
protect public health and safety and promote high quality care for all
persons. The Public Health Service (PHS) Act sets forth additional
regulatory requirements that certain Medicare providers and suppliers
are required to meet in order to participate. The statutory authority
to revise the health and safety standards for Medicare and Medicaid
participating providers and suppliers is contained within Section 1102
(42 U.S.C. 1302) of the Social Security Act. In addition, this rule
revises the health and safety regulations to advance health equity and
reduce disparities for all individuals in accordance with Executive
Orders 13985, 13988, 13995, and 14301 on Advancing Racial Equity and
Support for Underserved Communities through the Federal Government,
Preventing and Combating Discrimination on the Basis of Gender Identity
or Sexual Orientation, Ensuring an Equitable Pandemic Response and
Recovery, and on Advancing Equity, Justice, and Opportunity for Asian
Americans, Native Hawaiians, and Pacific Islanders, respectively.
Alternatives: In developing the policies contained in this rule, we
considered numerous alternatives, including maintaining existing
requirements. These alternatives will be described in the rule.
Anticipated Cost and Benefits: The provisions in this rule aim to
improve emergency preparedness, increase system resiliency, advance
health equity, improve maternal health care, increase access to care,
improve quality of care, and reduce health disparities for
[[Page 9366]]
all individuals. This regulation will ultimately remove barriers and
ensure continuous access to health care and improve quality of care for
all. As we move toward publication, estimates of the cost and benefits
of these provisions will be included in the rule.
Risks: This action furthers the goals of the Executive Orders on
Advancing Racial Equity and Support for Underserved Communities Through
the Federal Government (E.O. 13985), Executive Order on Preventing and
Combating Discrimination on the Basis of Gender Identity or Sexual
Orientation (E.O. 13988), Executive Order on Ensuring an Equitable
Pandemic Response and Recovery (E.O. 13995), and Executive Order on
Advancing Equity, Justice, and Opportunity for Asian Americans, Native
Hawaiians, and Pacific Islanders (E.O. 14301). While there may be some
risks associated with an increased burden on providers as a result of
these regulations, we believe benefits related to culturally and
linguistically appropriate services and improved maternal health care
would far outweigh any risks.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Federal, Local, State, Tribal.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
Agency Contact: Lauren Oviatt, Acting Director, Division of Non-
Institutional Standards and Quality, Department of Health and Human
Services, Centers for Medicare & Medicaid Services, Center for Clinical
Standards and Quality, MS: C2-21-16, 7500 Security Boulevard,
Baltimore, MD 21244-1850, Phone: 410 786-4683, Email:
[email protected]
Related RIN: Merged with 0938-AV21
RIN: 0938-AU91
HHS--CMS
68. Appeal Rights for Certain Changes in Patient Status (CMS-4204)
[0938-AV16]
Priority: Other Significant.
Legal Authority: 42 U.S.C. 1395ff
CFR Citation: 42 CFR 405; 42 CFR 476; 42 CFR 489.
Legal Deadline: None.
Abstract: Pursuant to a court order, this proposed rule would
establish new appeals processes for Medicare beneficiaries who have an
inpatient hospital admission changed to outpatient by a hospital, and
meet other conditions set forth in the order.
Statement of Need: This proposed rule sets forth new appeals
processes to implement a court order. In this order, the Department of
Health and Human Services (HHS) is directed to establish appeal process
for certain beneficiaries in Original Medicare who are initially
admitted to a hospital as an inpatient by a physician but whose status
during their stay is changed to outpatient receiving observation
services by the hospital, thereby effectively denying Part A coverage
for their hospital stay.
Summary of Legal Basis: This rule sets forth new appeals procedures
to implement the court order in Alexander v. Azar, 613 F. Supp. 3d 559
(D. Conn. 2020)), aff'd sub nom., Barrows v. Becerra, 24 F.4th 116 (2d
Cir. 2022). The authority for these changes is under various sections
of the Social Security Act (the Act).
Alternatives: None. This rule implements a court order.
Anticipated Cost and Benefits: This rule is not considered a
significant rule.
Risks: No risks are anticipated.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal.
Agency Contact: David Danek, Health Insurance Specialist,
Department of Health and Human Services, Centers for Medicare &
Medicaid Services, Center for Medicare, MS: 2325, 7500 Security
Boulevard, Baltimore, MD 21244, Phone: 410 786-8249, Email:
[email protected].
RIN: 0938-AV16
HHS--CMS
69. Contract Year 2025 Policy and Technical Changes to the Medicare
Advantage, Medicare Prescription Drug Benefit, and Medicare Cost Plan
Programs, and Pace (CMS-4205) [0938-AV24]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: Pub. L. 115-271
CFR Citation: 42 CFR 422; 42 CFR 423; 42 CFR 460.
Legal Deadline: None.
Abstract: This proposed rule would make changes to strengthen and
improve the Medicare Advantage (Part C) and prescription drug benefit
(Part D) programs, and Programs of All-Inclusive Care for the Elderly
(PACE), and implement any legislative changes that are required by
January 1, 2025.
Statement of Need: This proposed rule is necessary to amend the
regulations for the Medicare Advantage (Part C) program, Medicare
Prescription Drug Benefit (Part D) program, Medicare cost plan program,
and Program of All- Inclusive Care for the Elderly (PACE) to implement
certain statutory requirements, to codify existing subregulatory
guidance, and based on our continued experience in the administration
of the programs.
Summary of Legal Basis: This rule addresses multiple sections of
the Social Security Act and proposes to codify existing Part C and Part
D subregulatory guidance. It would also implement certain sections of
the Bipartisan Budget Act of 2018 and the Consolidated Appropriations
Act (CAA), 2023.
Alternatives: This rule would implement provisions that require
public notice and comment and are necessary for the upcoming contract
year. We will continue to explore additional alternatives as we develop
the rule.
Anticipated Cost and Benefits: Preliminary estimates of the
anticipated costs and benefits of this proposed rule indicate minor
costs (under $50 million) associated with increased paperwork as well
as some savings to the Medicare Trust Fund. Numerical estimates are
pending and as we move toward publication, estimates of costs and
benefits will be included in the proposed rule.
Risks: Risks associated with the impact of this rule are under
development and will be included in the published rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/15/23 88 FR 78476
NPRM Comment Period End............. 01/05/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: None.
Agency Contact: Heather Barkes, Director, Division of Policy,
Analysis, and Planning, Department of Health and Human Services,
Centers for Medicare & Medicaid Services, Center for Medicare, MS: C4-
21-26, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 410 786-
8615, Email: [email protected].
RIN: 0938-AV24
[[Page 9367]]
HHS--CMS
70. Minimum Staffing Standards for Long-Term Care Facilities and
Medicaid Institutional Payment Transparency Reporting (CMS-3442) [0938-
AV25]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Unfunded Mandates: This action may affect the private sector under
Public Law 104-4.
Legal Authority: 42 U.S.C. 181; 42 U.S.C. 1919; 42 U.S.C. 1902
CFR Citation: 42 CFR 483; 42 CFR 442; 42 CFR 438.
Legal Deadline: Final, Statutory, September 6, 2026, MMA sec. 902
requires Medicare final rules publish within 3 years of a proposed or
interim final rule.
Per the CMS notice published December 30, 2004 (69 FR 78442),
except for certain Medicare payment regulations and certain other
statutorily-mandated regulations, we schedule all Medicare final
regulations for publication within the 3-year standardized time limit
in the current Unified Agenda. We do not intend to delay publishing a
Medicare final regulation for 3 years if we are able to publish it
sooner.
Abstract: This rule establishes minimum staffing standards for
long-term care facilities, as part of the Biden-Harris Administration's
Nursing Home Reform initiative to ensure safe and quality care in long
term care facilities. In addition, this rule requires States to report
the percent of Medicaid payments for certain Medicaid-covered
institutional services that are spent on compensation for direct care
workers and support staff. Consistent with the Administration's
commitment to maximize transparency and public engagement, and to allow
communities greater opportunities to provide input in the regulatory
process, HHS sought the expertise of colleagues in the Office of
Management and Budget, the General Services Administration, and the
Consumer Financial Protection Bureau to inform an alternative approach
to public comments for the proposed nursing home minimum staffing rule.
The Department ultimately established and disseminated in public
materials a direct web link to allow a more accessible comment
submission path to the public, lowering the barriers to participation
for the nursing home residents, families, and facility staff who will
be directly impacted by this regulation.
Statement of Need: Ensuring that beneficiaries receive safe,
reliable, and quality nursing home care is a critical function of the
Medicare and Medicaid programs and a top priority of CMS. The COVID-19
Public Health Emergency (PHE) tragically caused unprecedented illness
and death among nursing home residents and workers. The PHE also
exacerbated staffing challenges experienced in many facilities and
further highlighted disparities in care and outcomes. Despite existing
requirements that facilities provide sufficient levels of staffing in
LTC facilities, chronic understaffing remains a significant concern.
This rule establishes minimum staffing standards for long-term care
facilities, as part of the Biden-Harris Administration's Nursing Home
Reform initiative to ensure safe and quality care in long-term care
facilities. In addition, this rule requires States to report the
percent of Medicaid payments for certain Medicaid-covered institutional
services that are spent on compensation for direct care workers and
support staff.
Summary of Legal Basis: Sections 1819 and 1919 of the Act authorize
the Secretary to issue requirements for participation in Medicare and
Medicaid, including such regulations as may be necessary to protect the
health and safety of residents (sections 1819(d)(4)(B) and
1919(d)(4)(B) of the Act).
Alternatives: In developing the policies contained in this rule, we
considered numerous alternatives. The proposed rule solicited comments
on alternative policy options that should be considered for
establishing minimum nurse staffing standards that would maintain
acceptable quality and safety within LTC facilities.
Anticipated Cost and Benefits: The proposed rule included an
estimated cost of $40.6 billion over 10 years for the 24/7 RN and the
0.55 RN and 2.45 NA hours per resident day (HPRD) requirements and $147
million for the Medicaid institutional payment transparency reporting
requirement. Quantified benefits include an estimated Medicare savings
of $2.5 billion over 10 years due to fewer hospitalizations and
emergency department visits, as well as increased resident discharges
to home or the community.
Risks: This action establishes minimum staffing standards that
nursing homes must meet in order to ensure that residents receive safe
and quality care in LTC facilities. The minimum staffing standards also
provide staff in LTC facilities with the support they need to safely
care for residents and reduce staff turnover and burnout, which can
lead to improved safety and quality for residents and staff. In
addition, the rule promotes public transparency related to the percent
of Medicaid payments for certain institutional services that are spent
on compensation to direct care workers and support staff. While there
may be additional costs to implement these requirements, the proposals
strike an appropriate balance between cost and benefit and are
necessary at this time to protect resident health and safety and ensure
their needs are met.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/06/23 88 FR 61352
NPRM Comment Period End............. 11/06/23
Final Action........................ 09/00/26
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: State.
Agency Contact: Ronisha Blackstone, Director, Division of
Institutional Quality Standards, Department of Health and Human
Services, Centers for Medicare & Medicaid Services, Center for Clinical
Standards and Quality, MS: S3-02-01, 7500 Security Boulevard,
Baltimore, MD 21244, Phone: 410 786-6882, Email:
[email protected].
RIN: 0938-AV25
HHS--CMS
Final Rule Stage
71. Streamlining the Medicaid, Chip, and BHP Application, Eligibility
Determination, Enrollment, and Renewal Processes (CMS-2421) [0938-AU00]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 1302
CFR Citation: 42 CFR 431; 42 CFR 435; 42 CFR 457; 42 CFR 600; . . .
Legal Deadline: None.
Abstract: This rule implements changes to simplify the processes
for eligible individuals to enroll and retain eligibility in Medicaid,
the Children's Health Insurance Program (CHIP), and the Basic Health
Program (BHP). The changes will be finalized in two rules. The first
final rule removes barriers and facilitates enrollment of new
applicants, particularly those dually eligible for Medicare and
Medicaid. The second final rule will follow in CY 2024 and implement
changes to align enrollment and renewal requirements for most
individuals in Medicaid; establish beneficiary protections related to
returned mail; create timeliness
[[Page 9368]]
requirements for redeterminations of eligibility in Medicaid and CHIP;
make transitions between programs easier; eliminate access barriers for
children enrolled in CHIP by prohibiting premium lock-out periods,
waiting periods, and benefit limitations; and modernize recordkeeping
requirements to ensure proper documentation of eligibility and
enrollment.
Statement of Need: Since the implementation of the Affordable Care
Act (ACA), CMS has made improvements in streamlining the Medicaid and
CHIP application, eligibility determination, enrollment, and renewal
processes. Simplifying enrollment in Medicaid and CHIP coverage is a
foundational step in efforts to address health disparities for low-
income individuals. However, gaps remain in States' ability to
seamlessly process beneficiaries' eligibility and enrollment in order
to maximize coverage. This rule will provide States with the tools they
need to reduce unnecessary barriers to enrollment in Medicaid and CHIP
and to keep eligible beneficiaries covered. CMS engaged in a series of
discussions with state Medicaid and CHIP agencies during development of
the proposed rule, to examine enrollment barriers and discuss potential
options for relief.
Summary of Legal Basis: This rule responds to the January 28, 2021,
Executive Order on Strengthening Medicaid and the Affordable Care Act.
It addresses components of title XIX and title XXI of the Social
Security Act and several sections of the Patient Protection and
Affordable Care Act (Pub. L. 111-148) and the Health Care and Education
Reconciliation Act of 2010 (Pub. L. 111-152), which amended and revised
several provisions of the Patient Protection and Affordable Care Act.
Alternatives: In developing the policies contained in this rule, we
considered numerous alternatives, including maintaining existing
requirements. These alternatives are described in the rule.
Anticipated Cost and Benefits: The provisions in this rule will
streamline Medicaid and CHIP enrollment processes and ensure that
eligible beneficiaries can maintain coverage. While states and the
Federal Government will incur initial costs to implement these changes,
this rule aims to reduce administrative barriers to enrollment, which
is expected to reduce administrative costs over time. The provisions in
this rule are designed to increase access to affordable health
coverage, and we believe that the benefits will justify the costs.
Additionally, through clear and consistent requirements for the timely
renewal of eligibility for all beneficiaries, this rule promotes
program integrity, thereby protecting taxpayer funds at both the state
and federal levels. As we move toward publication, estimates of the
cost and benefits of these provisions will be included in the rule.
Risks: We anticipate that the provisions of this rule will further
the administration's goal of strengthening Medicaid and making high-
quality health care accessible and affordable for every American. At
the same time, through clear and consistent requirements for conducting
regular renewals of eligibility, acting on changes reported by
beneficiaries and maintaining thorough recordkeeping on these
activities, this rule will reduce the risk of improper payments.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/07/22 87 FR 54760
NPRM Comment Period End............. 11/07/22
1st Final Action.................... 09/21/23 88 FR 65230
1st Final Action Effective.......... 11/17/23
2nd Final Action.................... 02/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal, Local, State.
Agency Contact: Sarah Delone, Deputy Director, Children and Adults
Health Programs Group, Department of Health and Human Services, Centers
for Medicare & Medicaid Services, Center for Medicaid and CHIP
Services, MS: S2-01-16, 7500 Security Boulevard, Baltimore, MD 21244,
Phone: 410 786-5647, Email: [email protected].
RIN: 0938-AU00
HHS--CMS
72. Short-Term, Limited-Duration Insurance; Independent, Noncoordinated
Excepted Benefits Coverage; Level-Funded Plan Arrangements; and Tax
Treatment of Certain Accident and Health Insurance (CMS-9904) [0938-
AU67]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: Pub. L. 111-148, title I
CFR Citation: 45 CFR 144; 45 CFR 146; 45 CFR 148.
Legal Deadline: None.
Abstract: This final rule amends the definition of short-term,
limited duration insurance, which is excluded from the definition of
individual health insurance coverage under the Public Health Service
Act. This document also sets forth amendments to the requirements for
hospital indemnity or other fixed indemnity insurance to be considered
an excepted benefit in the group and individual health insurance
markets. This document further sets forth amendments to clarify the tax
treatment of certain benefit payments in fixed amounts received under
employer-provided accident and health plans.
Statement of Need: These changes support the goals of the
Affordable Care Act (ACA) by increasing access to affordable and
comprehensive coverage, strengthening health insurance markets, and
promoting consumer understanding of coverage options. Consistent with
E.O. 14094, and accompanying OIRA guidance on Broadening Public
Participation and Community Engagement in the Regulatory Process, and
E.O. 12866, the Departments met with interested parties representing
consumer advocacy and supplemental benefits industry representatives at
the request of those parties.
Summary of Legal Basis: The Department of Health and Human Services
regulations are adopted pursuant to the authority contained in sections
2701 through 2763, 2791, 2792, 2794, 2799A-1 through 2799B-9 of the PHS
Act (42 U.S.C. 300gg-300gg-63, 300gg-91, 300gg-92, 300gg-94, 300gg-
300gg139), as amended.
Alternatives: In developing the rule, the Departments considered
different approaches, including alternative amendments to the
definition of short-term, limited-duration insurance, alternative
amendments to the consumer notices for short-term, limited-duration
insurance and fixed indemnity excepted benefits coverage, and
alternative applicability timelines.
Anticipated Cost and Benefits: These changes are expected to
increase consumer understanding of short-term, limited-duration
insurance and fixed indemnity excepted benefits coverage as compared to
comprehensive health insurance coverage and to strengthen markets for
comprehensive health insurance coverage. These changes are also
expected to reduce harm caused to consumers who enroll in short-term,
limited- duration insurance or fixed indemnity excepted benefits
coverage as an alternative to or replacement for comprehensive health
insurance coverage. The changes to the definition of short-term,
limited-duration insurance are expected to increase enrollment in
comprehensive coverage, reduce gross premiums for individuals
[[Page 9369]]
enrolled in individual health insurance coverage purchased on an
Exchange, and decrease Federal expenditures on the premium tax credit.
These changes may increase premium costs for individuals who switch
from short-term, limited-duration insurance to comprehensive health
insurance coverage and are not eligible for government subsidies. They
may also increase the number of uninsured individuals if some
individuals with short-term, limited-duration insurance do not switch
to comprehensive health insurance coverage or purchase short-term,
limited-duration insurance from another issuer.
Risks: Due to a lack of data and information, areas of uncertainty
include the forecasting of enrollment changes and the potential impacts
to risk pools, premiums, Federal expenditures, and compensation for
agents and brokers selling these products.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/12/23 88 FR 44596
NPRM Comment Period End............. 09/11/23
Final Action........................ 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Federal, State.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
Agency Contact: Lindsey Murtagh, Director, Market-Wide Regulation
Division, Department of Health and Human Services, Centers for Medicare
& Medicaid Services, Center for Consumer Information and Insurance
Oversight, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 301
492-4106, Email: [email protected].
RIN: 0938-AU67
HHS--CMS
73. Ensuring Access to Medicaid Services (CMS-2442) [0938-AU68]
Priority: Other Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 1302
CFR Citation: 42 CFR 431; 42 CFR 438; 42 CFR 441; 42 CFR 447.
Legal Deadline: None.
Abstract: This rule addresses elements related to assuring access
in Medicaid and/or the Children's Health Insurance Program (CHIP).
These elements include processes that support the implementation of a
comprehensive access strategy as well as payment processes, such as
those related to specific payment systems.
Statement of Need: In order to assure equitable access to health
care for all Medicaid and CHIP beneficiaries across all delivery
systems, access regulations need to be multi-factorial and focus beyond
payment rates. Barriers to accessing health care services can be as
heterogeneous as Medicaid and CHIP populations which can be measured
through provider availability and provider accessibility to realized or
perceived access barriers which can be measured through utilization and
satisfaction with services. The final rule takes a comprehensive
approach to improving access to care, quality and health outcomes, and
better addressing health equity issues in the Medicaid program across
fee-for-service (FFS), managed care delivery systems, and in home and
community-based services (HCBS) programs. These improvements seek to
increase transparency and accountability, standardize data and
monitoring, and create opportunities for States to promote active
beneficiary engagement in their Medicaid programs, with the goal of
improving access to care.
Summary of Legal Basis: Section 1902(a)(30)(A) of the Act requires
states to ``assure that payments are consistent with efficiency,
economy, and quality of care and are sufficient to enlist enough
providers so that care and services are available under the plan at
least to the extent that such care and services are available to the
general population in the geographic area.'' In addition, 2402(a) of
the Affordable Care Act directs the Secretary to promulgate regulations
ensuring that all states develop service systems that: (1) are
responsive to the needs of beneficiaries receiving HCBS and enable them
to maximize their independence; (2) provide necessary support and
coordination for beneficiaries in need of such services and their
caregivers; and (3) improve coordination and regulation of providers of
such services to oversee and monitor functions, including a complaint
system, and ensure that there are an adequate number of qualified
direct care workers to provide self-directed services. Further, Section
1902(a)(4) of the Act is a longstanding statutory provision that, as
implemented in part in regulations currently codified at 42 CFR 431.12,
requires States to have a Medical Care Advisory Committee (MCAC) in
place to advise the State Medicaid agency about health and medical care
services.
Alternatives: In developing the policies contained in this rule, we
considered numerous alternatives, including maintaining existing
requirements. These alternatives are described in the rule.
Anticipated Cost and Benefits: This rule is expected to result in
potential costs for states to come into and remain in compliance.
Estimates for associated costs are unknown at this time and may vary by
state. Information about anticipated costs will be included in the
rule.
Risks: Risks of this rule are still under development and will be
included in the final rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/03/23 88 FR 27960
NPRM Comment Period End............. 07/03/23
Final Action........................ 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: State.
Agency Contact: Karen Llanos, Director, Medicaid Innovation
Accelerator Program and Strategy Support, Department of Health and
Human Services, Centers for Medicare & Medicaid Services, Center for
Medicaid and CHIP Services, MS: S2-04-28, 7500 Security Boulevard,
Baltimore, MD 21244, Phone: 410 786-9071, Email:
[email protected].
RIN: 0938-AU68
HHS--CMS
74. Coverage of Certain Preventive Services Under the Affordable Care
Act (CMS-9903) [0938-AU94]
Priority: Other Significant.
Legal Authority: Pub. L. 111-148, sec. 1001
CFR Citation: 45 CFR 147; 45 CFR 156.
Legal Deadline: None.
Abstract: This rule amends the final rules regarding religious and
moral exemptions and accommodations regarding coverage of certain
preventive services under title I of the Patient Protection and
Affordable Care Act.
Statement of Need: Previous rules, regulations, and court decisions
have left many women without contraceptive coverage and access to
contraceptive services without cost sharing. This rule seeks to address
religious objections to providing contraceptive coverage by honoring
the entities' religious objections, while also ensuring that women
enrolled in a group health plan established or maintained, or in health
insurance coverage offered or arranged,
[[Page 9370]]
by an objecting entity described in 45 CFR 147.132(a), which does not
invoke the optional accommodation (if eligible), have the opportunity
to obtain contraceptive services at no cost. This rule would also
eliminate the exemption for entities and individuals that object to
contraceptive coverage based on non-religious moral beliefs, which
prevents access to contraceptive services without cost sharing.
Summary of Legal Basis: The Department of Health and Human Services
regulations are adopted pursuant to the authority contained in sections
2701 through 2763, 2791, 2792, 2794, 2799A-1 through 2799B-9 of the PHS
Act (42 U.S.C. 300gg-63, 300gg-91, 300gg-92, 300gg-94, 300gg-139), as
amended.
Alternatives: In developing this rule, the Departments considered
various alternative approaches. The Departments considered maintaining
the exemption (along with the existing accommodations and the proposed
individual contraceptive arrangement) with respect to group health
plans, health insurance issuers, and institutions of higher education
that have a non-religious, moral objection to contraceptive coverage.
With respect to individuals enrolled in coverage through entities that
have a religious objection to contraceptive coverage, the Departments
considered an approach under which contraceptive coverage would be
available through separate individual insurance policies that cover
only contraceptives and in which participants, beneficiaries, and
enrollees would have to separately enroll if they desired contraceptive
coverage. The Departments also considered an approach under which, if
an objecting entity designs or contracts for a health plan without
contraceptive coverage, the contraceptive coverage requirement would
apply directly to the issuer in the case of a fully insured plan, or
the third party administrator in the case of a self-insured plan. The
issuer or third party administrator would then be required to fulfill
its separate and independent obligation to provide contraceptive
coverage. With respect to the proposed changes to 45 CFR 156.50(d), in
addition to the proposed submission requirements on the part of the
participating issuer, HHS considered whether to condition a provider of
contraceptive services' participation in the individual contraceptive
arrangement on the submission to HHS of additional information. In
addition to an arrangement with a participating issuer on the
Federally-facilitated Exchange or a State-based Exchange on the Federal
Platform, HHS considered whether to allow a provider of contraceptive
services to arrange with a third party administrator to submit
documentation to HHS on their behalf under 45 CFR 156.50(d).
Anticipated Cost and Benefits: This rule is expected to increase
access to contraceptive services without cost sharing through the
individual contraceptive arrangement for eligible individuals and the
elimination of the exemption for entities and individuals that object
to contraceptive coverage based on non-religious moral beliefs. This
rule would increase health equity given the disproportionate burden of
out-of-pocket spending on contraceptive services currently faced by
low-income individuals (as those individuals with lower incomes must
spend a greater percentage of their incomes on contraceptive services).
This rule would also lead to better health outcomes for eligible
individuals by increasing access to contraceptive services and reducing
unintended pregnancies Participating providers of contraceptive
services (including clinicians, facilities, and pharmacies) and issuers
would incur costs associated with entering into signed agreements for
reimbursement of costs associated with the provision of contraceptive
services to eligible individuals, including costs of verifying consumer
eligibility and other associated administrative costs. Eligible
individuals would incur costs associated with participating in the
individual contraception arrangement, including confirming eligibility
to their provider of contraceptive services. HHS estimates the total
cost to providers of contraceptive services, issuers, and eligible
individuals to be approximately $30.2 million annually. The rule would
also lead to a reduction in health care costs for individuals, issuers,
group health plan sponsors, and states due to reductions in unintended
pregnancies.
Risks: The Departments do not have information on the number of
entities and individuals that have claimed a moral exemption to
providing contraceptive coverage and are therefore uncertain of the
amount of the potential transfer from plans and issuers to
participants, beneficiaries, and enrollees due to reduced out- of-
pocket spending on contraceptive services associated with the proposed
elimination of the exemption for entities and individuals that object
to contraceptive coverage based on nonreligious moral beliefs. The
Departments estimate that the provision of the individual contraceptive
arrangement could lead to a transfer from the Federal Government to
individuals (via issuers to providers of contraceptive services) of
approximately $49.9 million annually. This estimate is uncertain due to
the limited information available in the 2019 user fee adjustment data.
The Departments are uncertain as to how the number of participating
providers might vary (for example, across rural and urban areas) and
how this variation might affect access to services under the individual
contraceptive arrangement. Due to the lack of data, the Departments are
unable to develop a precise estimate of the number of eligible
individuals who might participate in the individual contraceptive
arrangement. This overall lack of data leads to uncertainty regarding
the magnitudes of the total cost savings to eligible individuals and
any resulting potential cost savings to states (associated with reduced
spending on State-funded programs that provide contraceptive services
or a potential reduction in the number of unintended pregnancies that
would otherwise impose costs to states).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/02/23 88 FR 7236
NPRM Comment Period End............. 04/03/23
Final Action........................ 08/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal, Local, State.
Agency Contact: Lindsey Murtagh, Director, Market-Wide Regulation
Division, Department of Health and Human Services, Centers for Medicare
& Medicaid Services, Center for Consumer Information and Insurance
Oversight, 7500 Security Boulevard, Baltimore, MD 21244, Phone: 301
492-4106, Email: [email protected].
RIN: 0938-AU94
HHS--CMS
75. Medicaid and Children's Health Insurance Program (CHIP) Managed
Care Access, Finance, and Quality (CMS-2439) [0938-AU99]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 1302
CFR Citation: 42 CFR 430; 42 CFR 438; 42 CFR 457.
Legal Deadline: None.
Abstract: This rule implements additional parameters under managed
care delivery systems related to access to care requirements, States'
use of In Lieu of Services or Settings (ILOS), State directed payments,
quality rating systems, and other policy and reporting
[[Page 9371]]
changes to ensure the efficient operation of State managed care
programs.
Statement of Need: This rule advances CMS' efforts to improve
access to care, quality and health outcomes, and better address health
equity issues for Medicaid and CHIP managed care enrollees. The rule
specifically addresses standards for timely access to care and States'
monitoring and enforcement efforts, clarifies standards State directed
payments and certain quality reporting requirements, adds new standards
that would apply when States use ILOSs to promote effective utilization
and identify the scope and nature of ILOS, specifies medical loss ratio
(MLR) requirements, and establishes a quality rating system (QRS) for
Medicaid and CHIP managed care plans.
Summary of Legal Basis: States may implement a Medicaid managed
care delivery system using four Federal authorities: sections 1915(a),
1915(b), 1932(a), and 1115(a) of the Social Security Act (the Act), and
a CHIP managed care delivery system using two Federal authorities
sections 2101(a) and 2107(e)(2)(A) of the Act.
Alternatives: In developing the policies contained in this rule, we
considered numerous alternatives, including maintaining existing
requirements. These alternatives are described in the rule.
Anticipated Cost and Benefits: We anticipate that most of the
provisions in this rule will minimally or moderately increase
administrative burden and associated costs. Certain provisions
including State directed payments, MLR reporting standards, and ILOS
could potentially have a significant impact on the associated and
corresponding managed care payments. Information about anticipated
costs will be included in the final rule.
Risks: Risks of this rule are still under development and will be
included in the published rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/03/23 88 FR 28092
NPRM Comment Period End............. 07/03/23
Final Action........................ 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: State.
Agency Contact: John Giles, Director, Division of Managed Care
Policy, Department of Health and Human Services, Centers for Medicare &
Medicaid Services, Center for Medicaid and CHIP Services, MS: S2-01-16,
7500 Security Boulevard, Baltimore, MD 21244, Phone: 410 786-1255,
Email: [email protected].
RIN: 0938-AU99
HHS--CMS
Long-Term Actions
76. Disclosures of Ownership and Additional Disclosable Parties
Information for Skilled Nursing Facilities and Nursing Facilities (CMS-
6084) [0938-AU90]
Priority: Other Significant.
Legal Authority: 42 U.S.C. 1302; 42 U.S.C. 1395hh
CFR Citation: 42 CFR 424; 42 CFR 455.
Legal Deadline: Final, Statutory, February 15, 2026, MMA sec. 902
requires Medicare final rules publish within 3 years of a proposed or
interim final rule.
Per the CMS notice published December 30, 2004 (69 FR 78442),
except for certain Medicare payment regulations and certain other
statutorily-mandated regulations, we schedule all Medicare final
regulations for publication within the 3-year standardized time limit
in the current Unified Agenda. We do not intend to delay publishing a
Medicare final regulation for 3 years if we are able to publish it
sooner.
Abstract: This rule implements portions of section 6101 of the
Patient Protection and Affordable Care Act (Affordable Care Act), which
requires the disclosure of certain ownership, managerial, and other
information regarding Medicare skilled nursing facilities (SNFs) and
Medicaid nursing facilities.
Statement of Need: This rule is necessary for CMS and states to
obtain important data about the owners and operators of nursing
facilities. This will better enable CMS and states to monitor the
ownership and management of these providers; this is an especially
critical consideration given documented quality issues and differences
in outcomes in nursing facilities with certain types of owners, such as
private equity firms. The rule would also serve as an important
component of this Administration's initiative to improve the safety,
quality, and accountability of nursing homes.
Summary of Legal Basis: Section 6101(a) of the Affordable Care Act
(Pub. L. 111-148) added a new section 1124(c) to the Social Security
Act (the Act). This provision established requirements for the
disclosure of information about the owners and operators of Medicare
SNFs and Medicaid nursing facilities.
Alternatives: None. This rule implements a statutory requirement.
Anticipated Cost and Benefits: We believe the data furnished under
this regulation will help CMS more closely monitor the ownership and
management of nursing facilities. This, in conjunction with the
Administration's other initiatives, could help improve beneficiary
care, although potential benefits cannot be monetarily quantified. As
discussed in the published proposed rule, the lone category of costs
associated with this rule involves nursing facilities' submission of
the required information. We do not anticipate any direct savings or
transfers principally because the rule merely involves the submission
of data for CMS or state review.
Risks: No risks are anticipated.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/15/23 88 FR 9820
NPRM Comment Period End............. 04/14/23
Final Action........................ 02/00/26
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal, State.
Agency Contact: Frank Whelan, Health Insurance Specialist,
Department of Health and Human Services, Centers for Medicare &
Medicaid Services, Center for Program Integrity, MS: AR-18-50, 7500
Security Boulevard, Baltimore, MD 21244, Phone: 410 786-1302, Email:
[email protected].
RIN: 0938-AU90
HHS--CMS
Completed Actions
77. Hospital Outpatient Prospective Payment System: Remedy for 340B-
Acquired Drugs Purchased in Cost Years 2018-2022 (CMS-1793) (Section
610 Review) [0938-AV18]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
CFR Citation: 42 CFR 419.
Abstract: This final rule describes the agency's actions to comply
with the remand from the district court to craft a remedy in light of
the United States Supreme Court's decision in American Hospital
Association v. Becerra, 142 S. Ct. 1896 (2022), relating to the
adjustment of Medicare payment rates for drugs acquired under the 340B
[[Page 9372]]
Program from calendar year (CY) 2018 through September 27th of CY 2022.
Statement of Need: From CY 2018 through September 27th of CY 2022,
CMS paid a lower rate (generally ASP minus 22.5 percent) to certain
hospitals for drugs acquired through the 340B discount program. The
purpose of this policy was to pay these hospitals for 340B drugs at a
rate that more accurately reflected the actual costs they incurred to
acquire them. This 340B policy was the subject of several years of
litigation, which culminated in a decision of the Supreme Court of the
United States in American Hospital Association v. Becerra, 142 S. Ct.
1896 (2022), which held that if CMS has not conducted a survey of
hospitals' acquisition costs, it may not vary the payment rates for
outpatient prescription drugs by hospital group. The Supreme Court
subsequently remanded the case, and the district court ultimately
ordered CMS to implement a remedy to address the reduced payment
amounts to the plaintiff hospitals from CY 2018 through September 27th
of CY 2022.
Summary of Legal Basis: Under the Hospital Outpatient Prospective
Payment System (OPPS), we generally set payment rates for separately
payable drugs and biologicals (hereinafter referred to collectively as
drugs) under section 1833(t)(14)(A) of the Social Security Act (the
Act). Section 1833(t)(14)(A)(iii)(II) of the Act provides that, if
hospital acquisition cost data are not available, the payment amount is
the average price for the drug in a year established under section
1842(o), section 1847A, or section 1847B of the Act, as the case may
be. Payment rates for drugs are usually established under section 1847A
of the Act, which generally sets a default rate of the average sales
price (ASP) plus 6 percent. Section 1833(t)(14)(A)(iii)(II) of the Act
also provides that the average price for the drug in the year as
established under section 1847A of the Act is calculated and adjusted
by the Secretary of the Department of Health and Human Services
(Secretary) as necessary for purposes of paragraph (14).
Alternatives: We evaluated several options to determine which
remedy would best achieve the objectives of unwinding the unlawful 340B
payment policy while making certain OPPS providers as close to whole as
is administratively feasible. A discussion of these options, including
our reasons for not moving forward with them, will be included in the
final rule.
Anticipated Cost and Benefits: To comply with statutory budget
neutrality requirements, we plan to annually reduce OPPS payments for
non-drug items and services beginning in CY 2025 by decreasing the OPPS
conversion factor by 0.5 percent each year, until a total offset of an
estimated $7.8 billion is reached.
Risks: Any risks regarding potential impacts will be included in
the final rule.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/11/23 88 FR 44078
Final Action........................ 11/08/23 88 FR 77150
Final Action Effective.............. 01/08/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses, Governmental Jurisdictions.
Government Levels Affected: Federal, Local, State.
Agency Contact: Elise Barringer, Health Insurance Specialist,
Department of Health and Human Services, Centers for Medicare &
Medicaid Services, Center for Medicare, MS: C4-03-06, 7500 Security
Boulevard, Baltimore, MD 21244, Phone: 410 786-9222, Email:
[email protected].
RIN: 0938-AV18
HHS--ADMINISTRATION FOR CHILDREN AND FAMILIES (ACF)
Proposed Rule Stage
78. Strengthening Temporary Assistance for Needy Families (TANF) as a
Safety Net Program [0970-AC97]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 609
CFR Citation: 45 CFR 260.
Legal Deadline: None.
Abstract: This rule would improve the effectiveness and integrity
of the Temporary Assistance for Needy Families (TANF) program as a
safety net program by clarifying allowable uses of TANF funds and
reducing administrative burden. The rule takes into account concerns
from Members of Congress from both parties who are focused on ensuring
TANF funds are serving their intended purpose, and advances the Biden-
Harris Administration's priority for economic growth through investment
in American families. The rule aims to ensure TANF funds are used in
accordance with the statute, focusing on services that support families
to meet their basic needs, get access to opportunities in the job
market, and remain together.
Statement of Need: In fiscal year (FY) 2020, combined federal TANF
and state maintenance-of-effort (MOE) expenditures and transfers
totaled $31.6 billion. Of that amount only 22 percent was spent on
basic assistance, compared to 71 percent in FY 1997. As a result, TANF
currently serves less than 25 percent of eligible families across the
country, as compared to 1997 when TANF served almost 70 percent of
eligible families. The rule aims to address these shortcomings and
would align with the Administration's efforts to increase opportunities
for economic mobility for low-income families. The NPRM may consider
changes around use of funds, eligible families, state MOE spending, and
work flexibilities.
Summary of Legal Basis: The proposed regulations will relate to
allowable spending, eligible work activities and penalties, and
administrative simplification. The NPRM would be issued under the
Secretary's authority to issue regulations where Congress has charged
the Department with enforcing penalties, 42 U.S.C. 609.
Alternatives: In the absence of these regulatory changes, states
will not experience any relief in their administrative burden to
operate the TANF program and these changes will improve program
integrity and access to services.
Anticipated Cost and Benefits: This NPRM imposes no costs on the
Federal government nor does it change overall funding amounts for
States, territories, and tribes, as TANF is a fixed block grant. We
anticipate a benefit in the transfer of funding toward critical
supports to families experiencing economic hardships.
Risks: While we expect more low-income families to receive TANF
benefits and receive more effective work-related services, this action
may result in states having to increase their own spending to fund
activities previously funded by federal TANF dollars or previously
counted as state MOE spending.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/02/23 88 FR 67697
NPRM Comment Period End............. 12/01/23
Final Action........................ 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Deborah List, Associate Deputy Director, Office of
Family Assistance, Department of Health and Human Services,
[[Page 9373]]
Administration for Children and Families, 330 C Street SW, Washington,
DC 20201, Phone: 202 401-5488, Email: [email protected].
RIN: 0970-AC97
HHS--ACF
79. Employment and Training Services for Noncustodial Parents in the
Child Support Services Program [0970-AD00]
Priority: Other Significant.
Legal Authority: 42 U.S.C. 1302
CFR Citation: 45 CFR part 302; 45 CFR part 303; 45 CFR part 304.
Legal Deadline: None.
Abstract: In an effort to make the child support program more
effective and to increase regular child support payments, the Office of
Child Support Services will propose to allow child support agencies to
strengthen supportive services for noncustodial parents.
Statement of Need: Currently, IV-D agencies have many enforcement
tools to collect child support from noncustodial parents who are able
to pay their child support, but these enforcement tools are less
effective in collecting support from unemployed noncustodial parents.
Many of these parents face significant barriers to employment and could
benefit from employment and training services, but rarely receive them.
This Notice of Proposed Rulemaking (NPRM) would explore options for
providing nonduplicative employment and training services to unemployed
noncustodial parents, which will help them become employed and pay
their child support.
Summary of Legal Basis: This NPRM is published under the authority
granted to the Secretary of Health and Human Services by section 1102
of the Social Security Act (Act), 42 U.S.C. 1302.
Alternatives: There are no satisfactory alternatives to publishing
this NPRM that provide improved child support program effectiveness.
Anticipated Cost and Benefits: To Be Determined.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Chad Edinger, Program Specialist, Department of
Health and Human Services, Administration for Children and Families,
330 C Street SW, Washington, DC 20201. Phone: 303 844-1213, Email:
[email protected].
RIN: 0970-AD00
HHS--ACF
80. Supporting the Head Start Workforce and Other Quality Improvements
[0970-AD01]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 9801; 42 U.S.C. 9836a; 42 U.S.C. 9839
CFR Citation: 45 CFR parts 1302 and 1305.
Legal Deadline: None.
Abstract: This NPRM will propose changes to the Head Start Program
Performance Standards to better support the Head Start workforce and to
maintain the quality of comprehensive Head Start services.
Statement of Need: This notice of proposed rulemaking (NPRM)
proposes to add new provisions to the Head Start Program Performance
Standards to increase pay and support the Head Start workforce, make
improvements to the overall quality of Head Start program services, and
strengthen mental health supports. Head Start programs serve hundreds
of thousands of children ages birth to five, pregnant women, and their
families each year. This NPRM is critical to improving the quality,
stability, and continuity of Head Start services for children and
families.
Summary of Legal Basis: ACF publishes this NPRM under the authority
granted to the Secretary of Health and Human Services by sections 641A,
645, 645A, 648A, and 653 of the Act (42 U.S.C. 9836a, 9840, 9840a,
9843a, and 9848), as amended by the Improving Head Start for School
Readiness Act of 2007 (Pub. L. 110-134).
Alternatives: One alternative is to keep the status quo and not put
forward this proposed rule. This would likely result in the workforce
crisis continuing, which ultimately has a negative impact on the
quality of services for the children and families Head Start aims to
serve and enrollment levels may continue to decline as programs have
difficulty filling vacancies.
Another alternative is to allow this NPRM to be published and move
forward to a final rule. This would stabilize the Head Start workforce
and enable Head Start programs to provide consistent, high-quality
services to children and families.
Anticipated Cost and Benefits: The costs associated with this
proposed rule include the funding required for implementing
compensation requirements proposed in the rule. Another potential cost
is that burden on programs may temporarily increase as they work to
implement the proposed requirements.
The benefits associated with the proposed rule include a more
stable Head Start workforce and high-quality services consistently
provided to all children and families served by Head Start. ACF
strongly believes the anticipated benefits of this proposed rule far
outweigh the potential costs.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses, Organizations.
Government Levels Affected: None.
Agency Contact: Lindsey A. Hutchison, Senior Policy Analyst,
Department of Health and Human Services, Administration for Children
and Families, 330 C Street SW, #4305B, Washington, DC 20201, Phone: 904
860-7032, Email: [email protected].
RIN: 0970-AD01
HHS--ACF
81. Safe and Appropriate Foster Care Placement Requirements
for Titles IV-E and IV-B (Section 610 Review) [0970-AD03]
Priority: Other Significant.
Legal Authority: 42 U.S.C. 671(a)(16); 42 U.S.C. 622(b)(8)(A)(ii);
42 U.S.C. 675(1)(B); 42 U.S.C. 675(5))
CFR Citation: CFR 1355.22; CFR 1355.34.
Legal Deadline: None.
Abstract: This rule will propose to clarify that title IV-E/IV-B
agencies are required to offer safe and appropriate foster care
placements, including processes to ensure children can request such
placements and agencies must respond to concerns about those
placements, for children in foster care who identify as lesbian, gay,
bisexual, transgender, queer or questioning, intersex (LGBTQI+). The
rule will not interfere with faith-based child welfare providers
continue to partner with title IV-E/IV-B agencies in a way that does
not interfere with those providers' sincerely held religious beliefs.
[[Page 9374]]
Statement of Need: To support States and tribes in complying with
Federal laws that require that all children in foster care receive safe
and proper care, the proposed rule would clarify the processes and
requirements to State child welfare agencies must follow to ensure
children in foster care who identity as LGBTQI+ are provided with
placements the agency designates as safe and appropriate for an LGBTQI+
child, and with services that are necessary to support their health and
wellbeing. These requirements clarify how title IV-E/IV-B agencies must
meet IV-E and IV-B statutory requirements, including for the case
review system and case plan, to appropriately serve children in foster
care who identify as LGBTQI+. While the general requirements for the
case review system are not new, ACF is proposing to prescribe how
agencies must implement the requirements to provide placements and
services to children in foster care who identity as LGBTQI+.
Summary of Legal Basis: Sections 471(a)(16), 422(b), and 475(1)(B)
of the Social Security Act.
Alternatives: As an alternative to this NPRM, ACF has already
provided sub-regulatory guidance requiring agencies to implement the
provisions of the NPRM for children who identify as LGBTQI+. However,
this guidance did not have the force of law and thus was not sufficient
to effectively ensure that LGBTQI+ children and youth in foster care
receive appropriate placements and services.
Anticipated Cost and Benefits: The benefits of this NPRM are that
placing children in foster care with providers the agencies designate
as safe and appropriate for LGBTQI+ children will reduce the negative
experiences of such children by allowing them to have access to needed
care and services and to be placed in nurturing placement settings with
caregivers who have received appropriate training. Ensuring such
placements may also reduce LGBTQI+ foster children's high rates of
homelessness, housing instability and food insecurity. ACF acknowledges
that there will be a cost to implement changes made by this proposed
rule as we anticipate that a majority of states would need to expand
their efforts to recruit and identify providers and foster families
that the state or tribe could designate as safe and appropriate
placements for a LGBTQI+ child. This cost would vary depending on an
agency's available resources to implement a final rule, though Federal
financial participation is available to agencies for eligible
administrative expenses, including expenses for recruiting and
identifying providers and foster families that could be designated as
safe and appropriate placements for an LGBTQI+ child.
Risks: TBD.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/28/23 88 FR 66752
NPRM Comment Period End............. 11/27/23 .......................
Final Action........................ 04/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal, Local, State, Tribal.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
Agency Contact: Kathleen McHugh, Director, Division of Policy,
Children's Bureau, ACYF/ACF/HHS, Department of Health and Human
Services, Administration for Children and Families, 330 C Street SW,
Room 3411, Washington, DC 20201, Phone: 202 401-5789, Fax: 202 205-
8221, Email: [email protected].
RIN: 0970-AD03
HHS--ACF
Final Rule Stage
82. Improving Child Care Access, Affordability, and Stability in the
Child Care and Development Fund (CCDF) [0970-AD02]
Priority: Section 3(f)(1) Significant. Major status under 5 U.S.C.
801 is undetermined.
Legal Authority: The Child Care and Development Block Grant (CCDBG)
Act of 1990, as amended (42 U.S.C. 9858 et seq.); sec.418 of the Social
Security Act (42 U.S.C. 618)
CFR Citation: 45 CFR part 98.
Legal Deadline: None.
Abstract: This final rule would update the Child Care and
Development Fund (CCDF) regulations to ease eligible families'
enrollment in the child care subsidy system and increase participating
families' access to a range of high-quality child care options for
which they may use child care subsidies. The changes would address: (1)
Family copayments; (2) provider payment rates and practices; (3) child
eligibility determination and re-determination; and (4) technical
changes.
Statement of Need: This final rule amends Child Care and
Development Fund (CCDF) regulations in four areas: (1) family co-
payments; (2) provider payment rates and practices; (3) child
enrollment and eligibility determination; and, (4) technical changes.
These changes will lower child care costs for families, increase
parent's child care options, reduce barriers to receiving child care
assistance, increase payments to providers, support higher program
quality, and improve child care stability.
The Child Care and Development Block Grant (CCDBG) Act, together
with Section 418 of the Social Security Act, authorize the CCDF, which
is the primary Federal funding source devoted to supporting families
with low incomes access child care and to increasing the quality of
child care for all children. Fiscal year (FY) 2023 funding was over $11
billion by formula to states, territories, and tribes. CCDF child care
subsidies support children's positive and healthy development and
family economic wellbeing, enabling parents to pursue employment,
education, and training opportunities. More than 900,000 families and
1.5 million children benefit from CCDF financial assistance each month.
Congress last authorized the CCDBG Act in 2014, and the Department
of Health and Human Services (HHS) published final regulations
clarifying the new provisions of the Act in September 2016. These
statutory and regulatory actions included significant changes to the
CCDF program. In the years since 2016 Final Rule, CCDF agencies have
taken significant steps to implement the requirements, but child care
remains a broken system in crisis due to chronic underinvestment.
Parents struggle to find affordable high-quality child care that meets
their needs, and the system relies on a poorly compensated workforce
and unaffordable parent fees.
This final rule builds on the 2016 final rule and to create a
stronger child care assistance program that will better meet the needs
of children, families, and child care providers. It provides additional
clarity around key policies that are needed to provide more help for
families so they can find child care that meets their families' needs
and for the continued stabilization of the child care sector.
Summary of Legal Basis: ACF publishes this final rule under the
authority granted to the Secretary of Health and Human Services (the
Secretary) by the Child Care and Development Block Grant (CCDBG) Act of
1990, as amended (42 U.S.C. 9857, et seq.) and section 418 of the
Social Security Act (42 U.S.C. 618).
Alternatives:
[[Page 9375]]
Alternative 1: One alternative is to publish this final rule, which
will lower family costs, increase parent's options for child care, help
families receive more timely assistance, increase payments to child
care providers, incentivize child care providers to accept CCDF
subsidies, help stabilize the child care sector, and improve child care
quality.
Alternative 2: Another alternative is to keep the status quo, which
will continue current fees and policies that limit a family's ability
to participate in the CCDF program and access child care, payment
practices that limit parent choices and undermine child care provider
stability, and eligibility processes that create barriers to the child
care subsidy.
Anticipated Cost and Benefits: Changes made by this final rule
would have the most direct benefit for the over 900,000 families and
1.5 million children who use CCDF assistance to help pay for child care
each month. Families who receive CCDF assistance will benefit from
lower parent co-payments, more parental options for child care
arrangements, expanded and easier access to child care which could
improve the ability of families to participate in the labor market, and
improved eligibility determination processes.
Providers will benefit from fairer payment practices that support
their financial stability, including payments that more accurately
reflect the cost of providing high quality care, which can lead to
higher wages for providers and their staff.
The cost of implementing these changes would vary based on a state,
territory, or Tribe's specific situation and implementation choices.
Some states may also need to invest in IT and systems changes.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/13/23 88 FR 45022
NPRM Comment Period End............. 08/28/23 .......................
Final Action........................ 04/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Local, State, Tribal.
Agency Contact: Megan Campbell, Child Care Policy Supervisor,
Department of Health and Human Services, Administration for Children
and Families, 330 C Street SW, Washington, DC 20201, Phone: 202 690-
6499, Fax: 202 690-5600, Email: [email protected].
RIN: 0970-AD02
HHS--ACF
Completed Actions
83. Separate Licensing Standards for Relative or Kinship Foster Family
Homes [0970-AC91]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
CFR Citation: 45 CFR 1355.20.
Abstract: This regulation allows title IV-E agencies to adopt
separate licensing standards for relative or kinship foster family
homes.
Statement of Need: Currently, the regulation provides that in order
to claim title IV-E, all foster family homes must meet the same
licensing standards, regardless of whether the foster family home is a
relative or non-relative placement. This Notice of Proposed Rulemaking
(NPRM) allows a title IV-E agency to adopt licensing or approval
standards for all relative foster family homes that are different from
the licensing standards used for non-related foster family homes.
Summary of Legal Basis: This NPRM is published under the authority
granted to the Secretary of Health and Human Services by section 1102
of the Social Security Act (Act), 42 U.S.C. 1302. Section 1102 of the
Act authorizes the Secretary to publish regulations, not inconsistent
with the Act, as may be necessary for the efficient administration of
the functions for which the Secretary is responsible pursuant to the
Act. Section 472 of the Act authorizes federal reimbursement for a FCMP
for an otherwise eligible child when the child is placed in a fully
licensed or approved foster family home.
Alternatives: There are no satisfactory alternatives to publishing
this NPRM. This change cannot be made in sub- regulatory guidance.
Anticipated Cost and Benefits: This NPRM impacts state and tribal
title IV-E agencies and does not impose a burden. The title IV-E agency
has discretion to develop separate licensing standards for relatives
and non-relatives and if they do so, they may claim title IV-E funding.
ACF estimates that the proposed regulatory change would cost the
Federal Government $3.085 billion in title IV-E foster care federal
financial participation over 10 years.
Risks: None.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Action........................ 09/28/23 88 FR 66700
Final Action Effective.............. 11/27/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Kathleen McHugh, Director, Division of Policy,
Children's Bureau, ACYF/ACF/HHS, Department of Health and Human
Services, Administration for Children and Families, 330 C Street SW,
Room 3411, Washington, DC 20201, Phone: 202 401-5789, Fax: 202 205-
8221, Email: [email protected].
RIN: 0970-AC91
HHS--ADMINISTRATION FOR COMMUNITY LIVING (ACL)
Proposed Rule Stage
84. Adult Protective Services Functions and Grant Programs [0985-AA18]
Priority: Other Significant.
Legal Authority: Elder Justice Act (SSA sec. 2042. [42 U.S.C.
1397m-1] (a) Secretarial Responsibilities)
CFR Citation: Not Yet Determined.
Legal Deadline: None.
Abstract: The final rule would create federal regulations for Adult
Protective Services (APS) programs as authorized by the Elder Justice
Act. APS programs were originally recognized by federal law in 1975
under title XX of the Social Security Act via the Social Services Block
Grant (SSBG). States have wide discretion whether to allocate any
funding to APS via the SSBG program, and there are no regulations
pertaining to APS under SSBG. Since 1975, all 50 states, the District
of Columbia, and four territories have developed APS programs in
accordance with local needs, structures, and laws. Historic investments
through the Coronavirus Relief and Response Supplemental Appropriations
Act (CRRSA) and the American Rescue Plan Act (ARPA) provided the very
first funding for APS program formula funding to states as authorized
by the Elder Justice Act (EJA). These regulations would promote an
effective APS response across the country so that all older adults and
adults with disabilities, regardless of the state or jurisdiction in
which they live, have similar protections and service delivery from APS
systems. Following release of the NPRM, ACL held a stakeholder call
open to all of the public on September 18, 2023, that provided a
walkthrough of the proposed rule and background resources and
information
[[Page 9376]]
on how to comment. ACL also held a separate stakeholder call with
Tribal grantees and leadership regarding the same. ACL has created a
specific stakeholder web page at https://acl.gov/APSrule, which
includes a summary of the rule and how to comment.
Statement of Need: The proposed rule would create federal
regulations for Adult Protective Services (APS) programs as authorized
by the Elder Justice Act (EJA). These regulations are critical in
establish consistent national requirements and standards for EJA APS
program formula funding to states.
Summary of Legal Basis: Development, promulgation and
implementation of this regulation will be carried out consistently with
the statute; however, this regulatory action is not required by the
statute or a court order.
Alternatives: ACL considers sub-regulatory guidance, information
and education outreach, and voluntary approaches as alternatives to
regulatory action. Prior to the availability of appropriations for
formula funding for this program ACL utilized guidance and voluntary
approach for the establishment of a national data system and in
supporting the establishment and dissemination of program best
practices. However, now that federal funding is available to all states
and territories, none of these alternatives are the appropriate option
for promulgating and administering the provisions that will be included
in the regulations consistent with statute. Economic incentives and
instruments are not an option.
Anticipated Cost and Benefits: The proposed rule will require the
revision of State policies and procedures, require training on new
rules for APS staff, require the submission of new State plans, require
data sharing agreements between APS systems and other State entities,
require APS systems create a feedback loop to provide information to
mandatory reporters, require data reporting to ACL, inform potential
APS clients of their rights under State law, and require new or updated
record retention systems for certain States. The rule will result in
improved consistency in implementation of APS systems within and across
States, clarity of obligations associated with Federal funding for
administrators of APS systems and will result in better and more
effective service delivery within and across States with better quality
investigations in turn leading to more person-directed outcomes. The
rule is anticipated to cost a total of $3,532,916.99 to fully
implement. This cost will be offset by improved investigations and
better outcomes for the victims of adult maltreatment. This represents
significant value, particularly given the widespread and egregious
nature of adult maltreatment in the United States.
Risks: These regulations would establish first ever regulations for
APS programs consistent with the Elder Justice Act passed in 2010.
Promulgating this NPRM and obtaining public feedback in order to issue
a new final rule will result in decreased risk for administering
agencies at the federal, state and local level in ensuring the
administration of appropriations for APS programs consistent with the
statute, and in also supporting the statute's programmatic purpose of
detecting, preventing and reducing the abuse, neglect and exploitation
of adults, including older adults.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/12/23 88 FR 62503
NPRM Comment Period End............. 11/13/23 .......................
Final Action........................ 05/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: State.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
Agency Contact: Richard Nicholls, Chief of Staff and Executive
Secretary, Department of Health and Human Services, Administration for
Community Living, 330 C Street SW, Room 1004B, Washington, DC 20201,
Phone: 202 795-7415, Fax: 202 205-0399, Email:
[email protected]
RIN: 0985-AA18
BILLING CODE 4150-03-P
DEPARTMENT OF HOMELAND SECURITY (DHS)
Fall 2023 Statement of Regulatory Priorities
The Department of Homeland Security (DHS or Department) was
established in 2003 pursuant to the Homeland Security Act of 2002,
Public Law 107-296. The DHS mission statement provides the following:
``With honor and integrity, we will safeguard the American people, our
homeland, and our values.''
DHS was created in the aftermath of the horrific attacks of 9/11,
and its distinctive mission is defined by those words. The phrase
``homeland security'' refers to the security of the American people,
the homeland (understood in the broadest sense), and the nation's
defining values. A central part of the mission of protecting ``our
values'' includes fidelity to law and the rule of law, reflected above
all in the Constitution of the United States, and also in statutes
enacted by Congress, including the Administrative Procedure Act. That
commitment is also associated with a commitment to individual dignity.
Among other things, the attacks of 9/11 were attacks on that value as
well.
The regulatory priorities of DHS are founded on an insistence on
the rule of law--and also on a belief that individual dignity,
symbolized and made real by the opening words of the Constitution (``We
the People''), the separation of powers, and the Bill of Rights
(including the Due Process Clause), helps to define our mission.
Fulfilling that mission requires the dedication of more than
240,000 employees in jobs that range from aviation and border security
to emergency response, from cybersecurity analyst to chemical facility
inspector, from the economist seeking to identify the consequences of
our actions to the scientist and policy analyst seeking to make the
nation more resilient against flooding, drought, extreme heat, and
wildfires. Our duties are wide-ranging, but our goal is clear: keep
America safe.
There are six overarching homeland security missions that make up
DHS's strategic plan: (1) Counter terrorism and homeland security
threats; (2) secure U.S. borders and approaches; (3) secure cyberspace
and critical infrastructure; (4) preserve and uphold the Nation's
prosperity and economic security; (5) strengthen preparedness and
resilience (including resilience from risks actually or potentially
aggravated by climate change); and (6) champion the DHS workforce and
strengthen the Department. See also 6 U.S.C. 111(b)(1) (identifying the
primary mission of the Department).
In promoting these goals, we attempt to evaluate our practices by
reference to evidence and data, and to improve them in real time. We
also attempt to deliver our multiple services in a way that, at once,
protects the American people and does not impose excessive or
unjustified barriers and burdens on those who use them.
In achieving those goals, we are committed to public participation
and to listening carefully to the American people (and to noncitizens
as well). We are continually strengthening our partnerships with
communities, first responders, law enforcement, and Government
agencies--at the Federal,
[[Page 9377]]
State, local, tribal, and international levels. We are accelerating the
deployment of science, technology, and innovation in order to make
America more secure against risks old and new--and to perform our
services better. We are becoming leaner, smarter, and more efficient,
ensuring that every security resource is used as effectively as
possible. We are reducing administrative burdens and simplifying our
processes. For a further discussion of our mission, see the DHS website
at https://www.dhs.gov/mission.
The regulations we have summarized below in the Department's Fall
2023 regulatory plan and agenda support the Department's mission. We
are committed to continuing evaluation of our regulations, consistent
with Executive Order 13563, and Executive Order 13707, and in a way
that improves them over time. These regulations will improve the
Department's ability to accomplish its mission. Also, these regulations
address legislative initiatives such as the ones found in the
Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11
Act) and the FAA Extension, Safety, and Security Act of 2016.
We emphasize here our commitments (1) To fidelity to law; (2) to
treating people with dignity and respect; (3) to increasing national
resilience against multiple risks and hazards, including those actually
or potentially associated with climate change; (4) to modernization of
existing requirements; and (5) to reducing unjustified barriers and
burdens, including administrative burdens.
DHS strives for organizational excellence and uses a centralized
and unified approach to managing its regulatory resources. The Office
of the General Counsel manages the Department's regulatory program,
including the agenda and regulatory plan. In addition, DHS senior
leadership reviews each significant regulatory project in order to
ensure that the project fosters and supports the Department's mission.
The Department is committed to ensuring that all of its regulatory
initiatives are aligned with its guiding principles to remain faithful
to law, protect civil rights and civil liberties, integrate our
actions, listen to those affected by our actions, build coalitions and
partnerships, develop human resources, innovate, and be accountable to
the American public.
DHS is strongly committed to the principles described in Executive
Orders 13563 and 12866 (as amended). Both Executive Orders direct
agencies to assess the costs and benefits of available regulatory
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits. Executive Order 13563 emphasizes
the importance of quantifying both costs and benefits, of reducing
costs, of harmonizing rules, and of promoting flexibility. Executive
Order 13563 explicitly draws attention to human dignity and to equity.
Finally, the Department values public involvement in the
development of its regulatory plan, agenda, and regulations. It is
particularly concerned with the impact its regulations have on small
businesses and startups, consistent with its commitment to promoting
economic growth. DHS is also concerned to ensure that its regulations
are equitable, and that they do not have unintended or adverse effects
on (for example) women, disabled people, people of color, or the
elderly. Its general effort to modernize regulations, and to remove
unjustified barriers and burdens, is meant in part to avoid harmful
effects on small businesses, startups, and disadvantaged groups of
multiple sorts. DHS and its components continue to emphasize the use of
plain language in our regulatory documents to promote a better
understanding of regulations and to promote increased public
participation in the Department's regulations. We want our regulations
to be transparent and ``navigable,'' so that people are aware of how to
comply with them (and in a position to suggest improvements). DHS and
its components regularly seek public input on regulatory plans,
including through Requests for Information and Advanced Notices of
Proposed Rulemaking, listening sessions, Federal Advisory Committees,
and more.
The Fall 2023 regulatory plan for DHS includes regulations from
multiple DHS components, including the Federal Emergency Management
Agency (FEMA), U.S. Citizenship and Immigration Services (USCIS), the
U.S. Coast Guard (the Coast Guard), U.S. Customs and Border Protection
(CBP), Transportation Security Administration (TSA), U.S. Immigration
and Customs Enforcement (ICE), and the Cybersecurity and Infrastructure
Security Agency (CISA). We next describe the regulations that comprise
the DHS fall 2023 regulatory plan.
Federal Emergency Management Agency
The Federal Emergency Management Agency (FEMA) is the government
agency responsible for helping people before, during, and after
disasters. FEMA supports the people and communities of our Nation by
providing experience, perspective, and resources in emergency
management. FEMA is particularly focused on national resilience in the
face of the risks of flooding, drought, extreme heat, and wildfire; it
is acutely aware that these risks, and others, are actually or
potentially aggravated by climate change. FEMA seeks to ensure, to the
extent possible, that changing weather conditions do not mean a more
vulnerable nation. FEMA is also focused on individual equity, and it is
aware that administrative burdens and undue complexity might produce
inequitable results in practice.
Consistent with President Biden's Executive Order on Climate
Related Financial Risk (Executive Order 14030), FEMA will propose a
regulation titled National Flood Insurance Program: Standard Flood
Insurance Policy, Homeowner Flood Form. The National Flood Insurance
Program (NFIP), established pursuant to the National Flood Insurance
Act of 1968, is a voluntary program in which participating communities
adopt and enforce a set of minimum floodplain management requirements
to reduce future flood damages. Property owners in participating
communities are eligible to purchase NFIP flood insurance. This
proposed rule would revise the Standard Flood Insurance Policy by
adding a new Homeowner Flood Form and five accompanying endorsements.
The new Homeowner Flood Form would replace the Dwelling Form as a
source of coverage for homeowners of one-to-four family residences.
Together, the new Form and endorsements would more closely align with
property and casualty homeowners' insurance and provide increased
options and coverage in a more user-friendly and comprehensible format.
FEMA will also publish an Interim Final Rule (IFR) titled
Individual Assistance Program Equity to further align with Executive
Order 13985, Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government and Executive Order 14091,
Further Advancing Racial Equity and Support for Underserved Communities
Through the Federal Government. FEMA will amend its Individual
Assistance (IA) program regulations to increase equity by simplifying
processes, removing barriers to entry, and increasing eligibility for
certain types of assistance under the program. Specifically, FEMA will
increase eligibility for home repair assistance by amending the
definitions
[[Page 9378]]
and application of the terms safe, sanitary, and functional, allowing
assistance for certain accessibility-related items, and amending its
approach to evaluating insurance proceeds; allow for the re-opening of
the applicant registration period when the President adds new counties
to the major disaster declaration; simplify the documentation
requirements for continued temporary housing assistance; simplify the
appeals process; simplify the process to request approval for a late
registration; remove the requirement to apply for a Small Business
Administration loan as a condition of eligibility for Other Needs
Assistance (ONA); and establish additional assistance under ONA for
serious needs, displacement, disaster-damaged computing devices, and
essential tools for self-employed individuals. FEMA also makes
revisions to reflect changes to statutory authority that have not yet
been implemented in regulation, to include provisions for utility and
security deposit payments, lease and repair of multi-family rental
housing, child care assistance, maximum assistance limits, and waiver
authority.
FEMA informed the development of this IFR by seeking input on
regulatory changes to the Individuals and Households Program (IHP)
through an Request for Information (RFI) published on April 22, 2021,
seeking public input on its programs, regulations, collections of
information, and policies to ensure they effectively achieve FEMA's
mission in a manner that furthers the goals of advancing equity for
all, including those in underserved communities; bolstering resilience
from the impacts of climate change, particularly for those
disproportionately impacted by climate change; and environmental
justice.\1\ FEMA held public meetings and extended the comment period
on the RFI to ensure all interested parties had sufficient opportunity
to provide comments.\2\ All relevant comments received in response to
the RFI, including those received during the public meetings, have been
posted to the public rulemaking docket on the Federal eRulemaking
portal at https://www.regulations.gov/document/FEMA-2021-0011-0001/comment. Commenters raised equitable concerns that FEMA will address in
this IFR, such as by removing the requirement to apply for the SBA for
a loan before receipt of ONA, amending FEMA's habitability standards,
increasing assistance for essential tools, simplifying its appeal
process, and removing documentation requirements for late
registrations. FEMA will seek public comment on this IFR and will
carefully consider each comment received to determine whether further
changes to FEMA's IHP regulations are needed.
---------------------------------------------------------------------------
\1\ 86 FR 21325, Apr. 22, 2021.
\2\ See ``Request for Information on FEMA Programs, Regulations,
and Policies; Public Meetings; Extension of Comment Period,'' 86 FR
30326, June 7, 2021.
---------------------------------------------------------------------------
In addition, FEMA will propose a regulation titled Update of FEMA's
Public Assistance Regulations. FEMA proposes to revise its Public
Assistance program regulations to reflect current statutory authorities
and implement program improvements. The proposed rule would incorporate
changes brought about by amendments to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act. FEMA is also proposing
clarifications and corrections to improve the efficiency and
consistency of the Public Assistance program.
Additionally, FEMA will propose a regulation titled Updates to
Floodplain Management and Protection of Wetlands Regulations to
Implement the Federal Flood Risk Management Standard consistent with
Executive Order 14030. FEMA proposes to amend its existing regulations
to incorporate amendments that have been made to Executive Order 11988
and the Federal Flood Risk Management Standard (FFRMS). FEMA has
engaged the public extensively on these matters. On February 5, 2015,
FEMA, acting on behalf of the Mitigation Framework Leadership Group,
posted a Federal Register notice seeking comments on a draft of the
Revised Guidelines for Implementing Executive Order 11988, Floodplain
Management.\3\ The 60-day comment period was extended an additional 30
days.\4\ During the public comment period for the Revised Guidelines,
FEMA sent advisories to representatives from Governors' offices
nationwide inviting comments on the draft Revised Guidelines. Over 25
meetings were held across the country with State, local, and Tribal
officials and interested stakeholders to discuss the draft Revised
Guidelines as well as 9 public listening sessions across the country
attended by over 700 participants to facilitate feedback. All relevant
comments received in response to these efforts have been posted to the
public rulemaking docket on the Federal eRulemaking portal at https://www.regulations.gov/document/FEMA-2015-0006-0001/comment. Comments from
meetings and listening sessions can be found at https://www.regulations.gov/docket/FEMA-2015-0006/document.
---------------------------------------------------------------------------
\3\ 80 FR 6530, Feb. 5, 2015.
\4\ 80 FR 16018, Mar. 26, 2015.
---------------------------------------------------------------------------
Additionally, FEMA published a Notice of Proposed Rulemaking (NPRM)
in 2016 \5\ seeking public comment on FEMA's proposed implementation of
the Revised Guidelines. All relevant comments received in response to
the 2016 NPRM have been posted to the public rulemaking docket on the
Federal eRulemaking portal at https://www.regulations.gov/document/FEMA-2015-0006-0373/comment. The FFRMS is a flexible framework allowing
agencies to choose among three approaches to define the floodplain and
corresponding flood elevation requirements for federally funded
projects. Existing regulations describe FEMA's process for determining
whether the proposed location for an action falls within a floodplain
and how to complete the action in the floodplain in light of the risk
of flooding. The proposed rule would change how FEMA defines a
floodplain with respect to certain actions. Additionally, under the
proposed rule, FEMA would use natural systems, ecosystem process, and
nature-based approaches, where practicable, when developing
alternatives to locating the proposed action in the floodplain.
---------------------------------------------------------------------------
\5\ 81 FR 57401, Aug. 22, 2016.
---------------------------------------------------------------------------
Finally, FEMA continues to engage with the public related to its
NFIP minimum floodplain management standards. On October 12, 2021, FEMA
issued an RFI to receive the public's input on revising the NFIP's
floodplain management standards for land management and use regulations
to better align with the current understanding of flood risk and flood
risk reduction approaches. FEMA's authority under the National Flood
Insurance Act requires the agency to, from time to time, develop
comprehensive criteria designed to encourage the adoption of adequate
State and local measures. During the RFI comment period, FEMA held
three public meetings and extended the comment period on the RFI to
ensure all interested parties had sufficient opportunity to provide
comments.\6\ All relevant comments received in response to the RFI have
been posted to the public rulemaking docket on the Federal eRulemaking
portal at https://www.regulations.gov/docket/FEMA-2021-0024/comments
and transcripts from the public meetings have also been posted at
https://www.regulations.gov/docket/FEMA-2021-0024/document. In April
2023, FEMA requested recommendations from the Technical
[[Page 9379]]
Mapping Advisory Council (TMAC) on modifying the definition of the
Special Flood Hazard Area or modifying how it is calculated. In
addition, FEMA requested a recommendation from TMAC on how FEMA might
consider changing mapping procedures related to when land is filled.
These recommendations will assist FEMA in exploring the feasibility of
public comments received from the 2021 RFI.
---------------------------------------------------------------------------
\6\ 86 FR 59745, Oct. 28, 2021 and 86 FR 66329, Nov. 22, 2021.
---------------------------------------------------------------------------
The agency will propose regulations to better align the NFIP
minimum floodplain management standards with FEMA's current
understanding of flood risk, flood insurance premium rates, and risk
reduction approaches to make communities safer, stronger, and more
resilient to increased flooding. As part of the proposed regulations,
FEMA is considering revisions to the NFIP minimum floodplain management
standards to better protect people and property in a nuanced manner
that balances community needs with the national scope of the NFIP. FEMA
will also propose opportunities to make these minimum floodplain
management standards improve resilience in historically underserved
communities. The proposed revisions to the NFIP floodplain management
minimum standards will consider how to advance the conservation of
threatened and endangered species and their habitat. FEMA is also
reviewing ways to further promote enhanced resilience efforts through
the Community Rating System.
United States Citizenship and Immigration Services
U.S. Citizenship and Immigration Services (USCIS) is the government
agency that administers and oversees lawful immigration to the United
States. USCIS is firmly committed to creating and strengthening an
accessible and humane immigration system. The USCIS mission statement
is: ``USCIS upholds America's promise as a nation of welcome and
possibility with fairness, integrity, and respect for all we serve.''
The American people, through Congress, have entrusted USCIS to
faithfully administer the legal immigration programs that allow foreign
nationals to visit, work, study, live, and seek refuge in the United
States. Every day, USCIS delivers immigration decisions to individuals,
families, businesses, workers, and those seeking a place of safety and
shelter in our country, whether they filed applications, petitions,
requests, or appeals. The work of USCIS employees makes the possibility
of America a reality for immigrants, for the communities and economies
they join, and for the nation as a whole. In achieving this mission,
partnership with our stakeholders and strong public engagement is a
strategic priority of USCIS to ensure we are crafting policies and
regulations to reduce unnecessary burdens or barriers to legal
immigration, meet the economic needs of U.S. employers, and
reinvigorate the size and scope of humanitarian relief. Over the coming
year, USCIS will pursue several regulatory actions in support of
furthering a strong legal immigration system that operates with
integrity, and that promotes integration, inclusion, and citizenship.
USCIS will issue regulations that restore and strengthen the family and
employment-based immigration systems, that improve the lives of
survivors of domestic and sexual violence and other serious crimes, and
that are nimble enough to address urgent humanitarian needs effectively
and quickly. We will publish regulations that are clear and easy to
understand, and include opportunities for public engagement and input.
Employment Issues, Economic Needs, and Lawful Pathways. USCIS is
focused on promulgating policies that are responsive to the needs of
the U.S. economy and U.S. employers, while providing lawful pathways to
work in the United States and also protecting the rights of both U.S.
and noncitizen workers. USCIS has recently proposed a rule to modernize
and reform the H-2A and H-2B programs. The proposed rule incorporates
necessary program efficiencies, aims to meet the needs of U.S.
employers, and include provisions designated to protect against the
exploitation or other abuse of H-2A and H-2B workers (Modernization and
Reform of the H-2 Programs). USCIS will also propose a rule to update
and streamline the H-1B program, with a goal of improving program
efficiency, integrity, and flexibility including proposed changes to
the registration system to reduce the possibility of misuse and fraud.
Many of these proposals will be informed by the public comments we
received in response to a Request for Public Input that USCIS published
on April 19, 2021, to solicit feedback from our stakeholders and
customers on identifying and reducing barriers to immigration (86 FR
20398). (Modernizing H-1B Requirements and Oversight and Providing
Flexibility in the F-1 Program.)
Improvements to the Overall Immigration System. On January 4, 2023,
USCIS published a proposal to adjust certain immigration and
naturalization benefit request fees (after performing the required
biennial fee review) to ensure that fees charged recover full costs
borne by USCIS. Following publication of the notice of proposed
rulemaking and during the official comment period, on January 11, 2023,
USCIS held a virtual listening session, ``National Listening Session on
the Proposed Rule to Adjust Certain Immigration Fees'' (attended by
1,671 people), for members of the public to provide their feedback and
thoughts. USCIS will consider all comments and input received from the
public in developing the final rule and set fees in a manner that
adheres to the ideals of removing unjustified barriers and promoting
access to the immigration system (to promote, among other things,
economic needs and economic growth); improving and expanding
naturalization processing; and meeting the administration's
humanitarian priorities. (USCIS Fee Schedule and Changes to Certain
Other Immigration Benefit Request Requirements.) In addition, USCIS
plans to take steps to reform the regulations governing the adjustment
of status to lawful permanent residence to improve the efficiency and
administration of that program. USCIS will propose a rule that updates
outdated regulations, reduces the potential for visa retrogression, and
promotes the efficient use of immediately available immigrant visas.
Many of the proposed policy and operational changes contained in this
rulemaking were informed by public comments USCIS received on its April
19, 2021 Request for Public Input and are crafted to reduce barriers to
lawful immigration as identified by our stakeholders. (Improving the
Regulations Governing the Adjustment of Status to Lawful Permanent
Residence and Related Immigration Benefits.) Lastly, USCIS is also
planning a proposed rule to clarify and update eligibility requirements
governing citizenship and naturalization. This project is also informed
by information submitted by our public stakeholders in response to the
2021 Request for Public Input, as well as a CIS Ombudsman's Webinar
Series: Naturalization and Immigrant Integration on May 23, 2021
(attended by 635 people and 118 people provided written questions/
comments) and a Citizenship and Naturalization Engagement on March 15,
2022 (attended by 463 people and 6 people submitted written questions/
comments by email) in which the public provided comments on regulations
and policies. USCIS reviewed all comments provided through the Request
for Public Input and the engagements, and incorporated edits into the
proposed rule as applicable. (Citizenship and
[[Page 9380]]
Naturalization and Other Related Flexibilities.)
Humanitarian Relief. USCIS will propose reforms to the U
nonimmigrant visa classification. The U nonimmigrant status is for
noncitizen victims of certain qualifying criminal activities, and their
eligible family members, who have been, are, or are likely to be
helpful in the investigation or persecution of those crimes. To
streamline the procedures and enhance operational efficiency, USCIS
will propose a rule to update eligibility, procedural and filing
requirements governing U nonimmigrant status, and adjustment of status
for those nonimmigrants. (Victims of Qualifying Criminal Activities;
Eligibility Requirements for U Nonimmigrant Status and Adjustment of
Status).
Asylum Reforms. USCIS is focused on pursuing regulations to
strengthen, rebuild, and (where appropriate) streamline the asylum
system, consistent with law and mission imperatives. For example, USCIS
and DOJ will take steps to remove regulatory provisions that are
currently enjoined (Procedures for Asylum and Bars to Asylum
Eligibility), propose updates to clarify eligibility for asylum and
withholding of removal (Clarifying Definitions and Analyses for Fair
and Efficient Asylum and Other Protection Determinations), and propose
modifications or withdrawal of other asylum-related regulatory
provisions (Asylum Eligibility and Public Health).
United States Coast Guard
The Coast Guard is a military, multi-mission, maritime service of
the United States and the only military organization within DHS. It is
the principal Federal agency responsible for maritime safety, security,
and stewardship in U.S. ports and waterways.
Effective governance in the maritime domain hinges upon an
integrated approach to safety, security, and stewardship. The Coast
Guard's policies and capabilities are integrated and interdependent,
delivering results through a network of enduring partnerships with
maritime stakeholders. Consistent standards of universal application
and enforcement, which encourage safe, efficient, and responsible
maritime commerce, are vital to the success of the maritime industry.
The Coast Guard's ability to field versatile capabilities and highly
trained personnel is one of the U.S. Government's most significant and
important strengths in the maritime environment.
America is a maritime nation, and our security, resilience, and
economic prosperity are intrinsically linked to the oceans. Safety,
efficient waterways, and freedom of transit on the high seas are
essential to our well-being. The Coast Guard is leaning forward, poised
to meet the demands of the modern maritime environment. The Coast Guard
creates value for the public through solid prevention and response
efforts. Activities involving oversight and regulation, enforcement,
maritime presence, and public and private partnership foster increased
maritime safety, security, and stewardship.
The statutory responsibilities of the Coast Guard include ensuring
marine safety and security, preserving maritime mobility, protecting
the marine environment, enforcing U.S. laws and international treaties,
and performing search and rescue. The Coast Guard supports the
Department's overarching goals of mobilizing and organizing our Nation
to secure the homeland from terrorist attacks, natural disasters, and
other emergencies. These goals include protection against the risks
associated with climate change, and the Coast Guard seeks to obtain
scientific information to assist in that task, while also acting to
promote resilience and adaptation.
In 33 CFR 1.05-15, each year since 1995 the Coast Guard has
confirmed that it considers public participation essential to effective
rulemaking. We encourage you to participate. It is Coast Guard policy
to provide opportunities for you to participate early in potential
rulemaking projects. Also, in our notices of proposed rulemaking, in
addition to soliciting your written comments, we solicit requests for
public meetings to provide you an opportunity for oral comment. We also
seek recommendations from our ten Federal advisory committees and
publish notices of those committee meetings should you want to attend.
And our regulatory advisory group composed of senior Coast Guard
officials, the Marine Safety and Security Council, has published the
Proceedings magazine since the 1940s. Available online, the magazine
informs the public about the subject matter of Coast Guard regulations,
as well as the rulemaking process itself.
The Coast Guard highlights the following regulatory actions, which
are in the proposed rule stage:
Cybersecurity in the Marine Transportation System. The Coast Guard
is proposing to update its maritime security regulations by adding
cybersecurity requirements to existing regulations. This proposed
rulemaking is part of an ongoing effort to address emerging
cybersecurity risks and threats to maritime security by including
additional security requirements to safeguard the marine transportation
system.
Shipping Safety Fairways Along the Atlantic Coast. The Coast Guard
published an Advance Notice of Proposed Rulemaking (ANPRM) on June 19,
2020. We have considered comments on the ANPRM to develop a proposed
rule that would establish shipping safety fairways along the Atlantic
Coast of the United States. Fairways are marked routes for vessel
traffic. They facilitate the direct and unobstructed transit of ships.
The proposed fairways will be based on studies about vessel traffic
along the Atlantic Coast for which we requested public comments.
MARPOL Annex VI; Prevention of Air Pollution from Ships. The Coast
Guard is proposing regulations to carry out the provisions of Annex VI
of the MARPOL Protocol, which is focused on the prevention of air
pollution from ships. The Act to Prevent Pollution from Ships has
already given direct effect to most provisions of Annex VI, and the
Coast Guard and the Environmental Protection Agency have carried out
some Annex VI provisions through previous rulemakings. This proposed
rulemaking would fill gaps in the existing framework for carrying out
the provisions of Annex VI. Chapter 4 of Annex VI contains shipboard
energy efficiency measures that include short-term measures reducing
carbon emissions linked to climate change. This proposed rulemaking
would apply to U.S.-flagged ships. It would also apply to foreign-
flagged ships operating either in U.S. navigable waters or in the U.S.
Exclusive Economic Zone.
Regarding outreach in the development of this proposed rulemaking,
in June 2018, the Coast Guard held a public workshop regarding
Implementation of Regulation 14.1.3 of MARPOL Annex VI (Global 0.50%
Sulfur Cap). In October 2011, we held a public meeting on the
International Maritime Organization guidelines for exhaust gas cleaning
systems for marine engines with respect to Regulations 4 and 14 of
MARPOL Annex VI. And in December 2010, we requested comments regarding
a study on Ship Emission Reduction Technology for cargo and passenger
vessels, including what methods or equipment were then under
development that might meet the MARPOL Annex VI requirements.
[[Page 9381]]
United States Customs and Border Protection
Customs and Border Protection (CBP) is the Federal agency
principally responsible for the security of our Nation's borders, both
at and between the ports of entry into the United States. CBP must
accomplish its border security and enforcement mission without stifling
the flow of legitimate trade and travel. The primary mission of CBP is
its homeland security mission, that is, to prevent terrorists and
terrorist weapons from entering the United States. An important aspect
of this mission involves improving security at our borders and ports of
entry, but it also means extending our zone of security beyond our
physical borders.
CBP is also responsible for administering laws concerning the
importation of goods into the United States and enforcing the laws
concerning the entry of persons into the United States. This includes
regulating and facilitating international trade; collecting import
duties; enforcing U.S. trade, immigration and other laws of the United
States at our borders; inspecting imports; overseeing the activities of
persons and businesses engaged in importing; enforcing the laws
concerning smuggling and trafficking in contraband; apprehending
individuals attempting to enter the United States illegally; protecting
our agriculture and economic interests from harmful pests and diseases;
servicing all people, vehicles, and cargo entering the United States;
maintaining export controls; and protecting U.S. businesses from theft
of their intellectual property.
In carrying out its mission, CBP's goal is to facilitate the
processing of legitimate trade and people efficiently without
compromising security, and public input is an important tool in meeting
this goal. CBP regularly seeks input from Federal Advisory Committees,
issues formal Requests for Information, and holds listening sessions
and symposia, including those on forced labor, green trade, and the
21st Century Customs Framework. However, some of CBP's rules further
law enforcement purposes and are therefore not ripe for robust public
outreach prior to their issuance. CBP's public Newsroom, with details
on upcoming public engagements, is available at: https://www.cbp.gov/newsroom.
Consistent with its primary mission of homeland security, CBP
intends to issue several regulations that are intended to improve
security at our borders and ports of entry. During the upcoming year,
CBP will also work on various projects to streamline CBP processing,
reduce duplicative processes, reduce various burdens on the public, and
automate various paper forms. CBP highlights one of those projects
below.
Advance Passenger Information System: Electronic Validation of
Travel Documents. CBP intends to amend current Advance Passenger
Information System (APIS) regulations to incorporate additional carrier
requirements that would further enable CBP to determine whether each
passenger is traveling with valid, authentic travel documents prior to
the passenger boarding the aircraft. The proposed regulation would
require commercial air carriers to receive a second message from CBP
that would state whether CBP matched the travel documents of each
passenger to a valid, authentic travel document recorded in CBP's
databases. The proposed regulation would also require air carriers to
transmit additional data elements regarding contact information through
APIS for all commercial aircraft passengers arriving in the United
States to support border operations and national security. CBP expects
that the collection of these elements would enable CBP to further
support the Center for Disease Control and Prevention's mission in
monitoring and tracing the contacts for persons involved in health
incidents. This action will result in time savings to passengers and
cost savings to CBP, carriers, and the public.
In addition to the regulations that CBP issues to promote DHS's
mission, CBP issues regulations related to the mission of the
Department of the Treasury. Under section 403(1) of the Homeland
Security Act of 2002, the former-U.S. Customs Service, including
functions of the Secretary of the Treasury relating thereto,
transferred to the Secretary of Homeland Security. As part of the
initial organization of DHS, the Customs Service inspection and trade
functions were combined with the immigration and agricultural
inspection functions and the Border Patrol and transferred into CBP.
The Department of the Treasury retained certain regulatory authority of
the U.S. Customs Service relating to customs revenue function. In the
coming year, CBP expects to continue to issue regulatory documents that
will facilitate legitimate trade and implement trade benefit programs.
For a discussion of CBP regulations regarding the customs revenue
function, see the regulatory plan of the Department of the Treasury.
Transportation Security Administration
The Transportation Security Administration (TSA) protects the
Nation's transportation systems to ensure freedom of movement for
people and commerce. TSA applies an intelligence-driven, risk-based
approach to all aspects of its mission. This approach results in layers
of security to mitigate risks effectively and efficiently. In fiscal
year 2024, TSA is prioritizing the following actions. In general, TSA
has prioritized actions that are required to meet statutory mandates
and, that are necessary for national security, and that are consistent
with the goals of Executive Order 14058, Transforming Federal Customer
Experience and Service Delivery to Rebuild Trust in Government.
Consistent with Executive Order 14094, Modernizing Regulatory
Review, TSA endeavors, as practicable and appropriate, to proactively
engage parties that are interested in or affected by TSA rulemaking.
With respect to the actions described below, TSA has used a range of
measures to engage the public, including advance notices of proposed
rulemakings, public meetings, and advisory committees.
Enhancing Surface Cyber Risk Management. On January 28, 2021, the
President issued the National Security Memorandum on Improving
Cybersecurity for Critical Infrastructure Controls Systems. Consistent
with this priority of the Administration and in response to the ongoing
cybersecurity threat to pipeline systems, TSA used its authority under
49 U.S.C. 114 to issue security directives to owners and operators of
TSA-designated critical pipelines that transport hazardous liquids and
natural gas to implement a number of urgently needed protections
against cyber intrusions. The first directive, issued in May 2021,
requires critical pipeline owner/operators to (a) report confirmed and
potential cybersecurity incidents to DHS's Department of Cybersecurity
and Infrastructure Security Agency (CISA); (b) designate a
Cybersecurity Coordinator to be available 24 hours a day, seven days a
week; (3) review current cybersecurity practices; and (4) identify any
gaps and related remediation measures to address cyber- related risks
and report the results to TSA and CISA within 30 days of issuance of
the SD. A second security directive, first issued in July 2021,
requires these owners and operators to (1) implement specific
mitigation measures to protect against ransomware attacks and other
known threats to information technology and operational technology
systems; (2) develop and implement a cybersecurity contingency and
recovery plan; and (3) conduct a cybersecurity architecture design
[[Page 9382]]
review. TSA updated the second directive to require owners/operators to
achieve critical security outcomes through performance-based measures.
In December 2021 and October 2022, TSA imposed similar requirements on
certain rail operations to address emerging threats. TSA is committed
to enhancing and sustaining cybersecurity for all modes of
transportation and intends to issue a rulemaking that may codify these
and other requirements following an opportunity for notice and comment.
TSA published an advance notice of proposed rulemaking on this topic in
November 2022.
Flight Training Security Program. Through an interim final rule,
TSA created a new part 1552, Flight Schools, in title 49 of the Code of
Federal Regulations (CFR). The IFR requires flight schools to notify
TSA when noncitizens, and other individuals designated by TSA, apply
for flight training or recurrent training. TSA subsequently issued
exemptions and interpretations in response to comments on the IFR,
questions raised during operation of the program since 2004, and a
notice extending the comment period on May 18, 2018. Based on the
comments and questions received, TSA is finalizing the rule with
modifications that may include changing the frequency of security
threat assessments from a high-frequency event-based interval to a
time-based interval, clarify the definitions and other provisions of
the rule, and enable industry to use TSA-provided electronic
recordkeeping systems for all documents required to demonstrate
compliance with the rule. These and other changes will provide
significant cost-savings to the industry and individuals seeking flight
training while also enhancing security.
REAL ID Applicability to Mobile Driver's Licenses. TSA will issue a
final rule to amend the REAL ID regulation to address mobile driver's
licenses (mDL). The REAL ID Act of 2005 and DHS implementing regulation
set minimum requirements for state-issued driver's licenses and
identification cards accepted by Federal agencies for official
purposes, which include accessing Federal facilities, boarding
federally regulated commercial aircraft, entering nuclear power plants,
and any other purposes that the Secretary shall determine. The REAL ID
Modernization Act (December 2020) clarifies that the REAL ID Act
applies to mobile or digital driver's licenses that have been issued in
accordance with regulations prescribed by DHS. This final rule will
amend 6 CFR part 37 to set the minimum technical requirements and
security standards for mDLs to enable Federal agencies to accept mDLs
for official purposes. to establish a process that states must follow
to apply for a mDL waiver from the REAL ID regulations. This rulemaking
would also enable federal agencies to accept state mDLs for official
purposes from states who are issued such a waiver under this final
rule.
Frequency of Renewal Cycle for Indirect Air Carrier Security
Programs. TSA's regulations for Indirect Air Carriers (IACs) in 49 CFR
part 1548 currently require annual renewal of an IAC's security program
and prompt notification to TSA of any changes to operations-related to
information previously provided to TSA. Through this rulemaking, TSA
will modify the regulation to allow for a three-year renewal schedule,
rather than annual renewal. This change will align the security program
renewal requirement with those applicable to other regulated entities
within the air cargo industry.
United States Immigration and Customs Enforcement
U.S. Immigration and Customs Enforcement (ICE) is the principal
criminal investigative arm of DHS and one of the three Department
components charged with the criminal and civil enforcement of the
Nation's immigration laws. Its primary mission is to protect national
security, public safety, and the integrity of our borders through the
criminal and civil enforcement of Federal law governing border control,
customs, trade, and immigration. In carrying out this mission and
consistent with Executive Order 14058 on Transforming Federal Customer
Experience And Service Delivery To Rebuild Trust In Government ICE is
committed to providing opportunities for the public to engage in the
improvement of our programs, processes, and services. For example, on
October 26, 2021, DHS published a notice in the Federal Register titled
Remote Document Examination for Form I-9, Employment Eligibility
Verification: Request for Public Input, (https://www.govinfo.gov/content/pkg/FR-2021-10-26/pdf/2021-23260.pdf) seeking comments from the
public regarding document examination practices associated with Form I-
9. ICE carefully considered this input resulting in a final rule and
procedure that incorporates commenters suggestions. During the coming
fiscal year, ICE will focus rulemaking efforts on regulations
pertaining to processing improvements, including the rules mentioned
below.
Clarifying and Revising Custody Determination Procedures for
Noncitizens Subject to Discretionary Detention (INA 236(a)/8 U.S.C.
1226 detention). The Department of Homeland Security (DHS), U.S.
Immigration and Customs Enforcement (ICE) and the Department of Justice
(DOJ) Executive Office for Immigration Review (EOIR) (collectively, the
Departments) are planning to amend the regulations that govern
detention and release determinations for noncitizens subject to the
custody provisions in section 236 of the Immigration and Nationality
Act (Act), 8 U.S.C. 1226(a). The goal of the proposed regulation would
be to clarify the scope and applicability of section 236(a) of the Act,
8 U.S.C. 1226(a), and the procedures that apply under that section,
including the burden and standard of proof for continued detention at
initial custody determinations and any custody redetermination
hearings, and related issues. This rulemaking is consistent with
Executive Order 14058, which directs agencies to take actions that
improve service delivery and customer experience by decreasing
administrative burdens, enhancing transparency, and improving the
efficiency and effectiveness of government.
Cybersecurity and Infrastructure Security Agency
The Cybersecurity and Infrastructure Security Agency (CISA) is
responsible for leading the national effort to develop cybersecurity
and critical infrastructure security programs, operations, and
associated policy to enhance the security and resilience of physical
and cyber infrastructure.
Ammonium Nitrate Security Program. This rule implements a 2007
amendment to the Homeland Security Act. The amendment requires DHS to
``regulate the sale and transfer of ammonium nitrate facility . . . to
prevent the misappropriation or use of ammonium nitrate in an act of
terrorism.'' CISA published a Notice of Proposed Rulemaking in 2011.
CISA is planning to issue a Supplemental Notice of Proposed Rulemaking.
Chemical Facility Anti-Terrorism Standards (CFATS). This rule would
update CFATS' Risk Based Performance Standards to enhance cybersecurity
requirements, modify the counting rules associated with release-
flammable chemicals, remove release-explosive chemicals, and adjust the
Screening Threshold Quantities of Appendix A to account for the updated
risk analysis methodology. CISA previously invited public comment on an
Advance Notice of Proposed Rulemaking (ANPRM) during August 2014 for
potential revisions to the CFATS regulations. The
[[Page 9383]]
ANPRM provided an opportunity for the public to provide recommendations
for possible program changes. In June 2020, CISA published for public
comment a retrospective analysis of the CFATS program. And in January
2021, CISA invited additional public comment through an ANPRM
concerning the removal of certain explosive chemicals from CFATS. CISA
intends to address many of the subjects raised in both ANPRMs and the
retrospective analysis in this regulatory action, including potential
updates to CFATS cybersecurity requirements and Appendix A to the CFATS
regulations. CISA is planning to issue a notice of proposed rulemaking.
Cybersecurity Incident Reporting for Critical Infrastructure Act
Regulations. CISA will propose regulations to implement certain aspects
of the Cybersecurity Incident Reporting for Critical Infrastructure Act
of 2022 (CIRCIA). Specifically, CIRCIA directs CISA to develop and
implement regulations requiring covered entities to submit reports to
CISA regarding covered cyber incidents and ransom payments. CIRCIA
requires CISA to publish a Notice of Proposed Rulemaking (NPRM) within
24 months of the date of enactment of CIRCIA as part of the process for
developing these regulations. CISA previously issued a Request for
Information on September 12, 2022, and held a series of listening
sessions seeking public input on potential aspects of the proposed
regulation prior to publication of the NPRM. CISA is planning to issue
a Notice of Proposed Rulemaking.
A more detailed description of the priority regulations that
comprise the DHS regulatory plan follows.
DHS--U.S. CITIZENSHIP AND IMMIGRATION SERVICES (USCIS)
Proposed Rule Stage
85. Victims of Qualifying Criminal Activities; Eligibility Requirements
for U Nonimmigrant Status and Adjustment of Status [1615-AA67]
Priority: Other Significant.
Legal Authority: 5 U.S.C. 552; 5 U.S.C. 552a; 8 U.S.C. 1101; 8
U.S.C. 1101 (note); 8 U.S.C. 1102; Pub. L. 113-4
CFR Citation: 8 CFR 214; 8 CFR 274a; 8 CFR 103; 8 CFR 299.
Legal Deadline: None.
Abstract: This proposed rule would clarify and update eligibility,
procedural, and filing requirements for U nonimmigrant status (commonly
known as the ``U'' visa) and adjustment of status for U nonimmigrants.
U nonimmigrant status is for noncitizen victims of certain qualifying
criminal activities who have been, are being, or are likely to be
helpful in the investigation or prosecution of those crimes and
eligible family members. There is a statutory limit of 10,000 U visas
per year for principal petitioners. DHS published an interim final rule
in 2007 (72 FR 53013) to establish the procedures to be followed in
order to petition for U nonimmigrant status and published an interim
final rule in 2008 (73 FR 75540) to establish the procedures for
applying for adjustment of status as a U nonimmigrant. This rule would
address relevant comments and feedback from stakeholders since
publication of those interim final rules, as well as update the
regulations for changes in legislation.
Statement of Need: This U classification allows noncitizen victims
of certain crimes to petition for U nonimmigrant status and to adjust
status to that of a lawful permanent resident. Noncitizen victims of
certain qualifying criminal activities who have been, are being, or are
likely to be helpful in the investigation or prosecution of those
crimes are eligible to petition for U nonimmigrant status. This rule
would address the eligibility requirements that must be met for
classification as a U nonimmigrant and implements statutory amendments
to these requirements, streamlines the procedures to petition for U
nonimmigrant status, provides evidentiary guidance to assist in the
petition process, and clarifies adjustment of status requirements.
Summary of Legal Basis: Section 101(a)(15) of the INA, 8 U.S.C.
1101(a)(15) establishes classifications for noncitizens who are coming
temporarily to the United States as nonimmigrants, including the U
nonimmigrant classification. Section 214(a)(1) of the INA, 8 U.S.C.
1184(a)(1), authorizes the Secretary to prescribe, by regulation, the
terms and conditions of the admission of nonimmigrants, including U
nonimmigrants. Section 214(p) of the INA, 8 U.S.C. 1184(p), sets forth
certain procedural and substantive requirements for the U nonimmigrant
classification, including employment authorization for U nonimmigrants
incident to status and discretionary employment authorization for those
with pending, bona fide U nonimmigrant visa petitions. Section 274A of
the INA, 8 U.S.C. 1324a, recognizes the Secretary's authority to extend
employment authorization to noncitizens in the United States.
Anticipated Cost and Benefits: DHS is currently considering the
specific impacts of the proposed provisions.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 09/17/07 72 FR 53013
Interim Final Rule Effective........ 10/17/07
Interim Final Rule Comment Period 11/17/07
End.
NPRM................................ 02/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: Federal, Local, State.
Additional Information: Transferred from RIN 1115-AG39.
URL For More Information: https://www.regulations.gov.
URL For Public Comments: https://www.regulations.gov.
Agency Contact: Rena Cutlip-Mason, Chief, Division of Humanitarian
Affairs, OP&S, Department of Homeland Security, U.S. Citizenship and
Immigration Services, 5900 Capital Gateway Drive, Camp Springs, MD
20746, Phone: 240 721-3000.
RIN: 1615-AA67
DHS--USCIS
86. Improving the Regulations Governing the Adjustment of Status to
Lawful Permanent Residence and Related Immigration Benefits [1615-AC22]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Unfunded Mandates: Undetermined.
Legal Authority: 8 U.S.C. 1101; 8 U.S.C. 1103(a); 8 U.S.C. 1153 to
1155; 8 U.S.C. 1159 and 1160; 8 U.S.C. 1254a; 8 U.S.C. 1255; 8 U.S.C.
1257; 8 U.S.C. 1324a; 8 U.S.C. 1184; . . .
CFR Citation: 8 CFR 204.5; 8 CFR 204.12; 8 CFR 205.1; 8 CFR 209.1;
8 CFR 209.2; 8 CFR 244.15; 8 CFR 245.1; 8 CFR 245.2; 8 CFR 245.5; 8 CFR
245.11; 8 CFR 245.15; 8 CFR 245.18; 8 CFR 249.2; 8 CFR 264.2; 8 CFR
274a.12; . . .
Legal Deadline: None.
Abstract: The Department of Homeland Security (DHS) proposes to
amend its regulations governing adjustment of status to lawful
permanent residence in the United States. The proposed changes include
permitting concurrent filing of a visa petition and the application for
adjustment of status for the employment-based 4th preference (certain
special immigrants) category, including religious workers; permitting
the transfer of underlying basis of a
[[Page 9384]]
pending adjustment of status application; amending the definition
relating to ineligibilities under section 245(c) of the INA; clarifying
when a visa becomes available for purposes of the age calculation under
the Child Status Protection Act; and authorizing compelling
circumstances employment authorization for certain derivative
beneficiaries waiting for immigrant visa availability. DHS also
proposes to amend the regulations relating to temporary protected
status and travel authorization and clarify the impact on the
adjustment of status eligibility. The intent of these proposed changes
is to reduce processing times, improve the quality of inventory data
provided to partner agencies, reduce the potential for visa
retrogression, and promote the efficient use of immediately available
immigrant visas.
Statement of Need: This rulemaking is necessary to address outdated
regulations to improve efficiency and the administration of the
adjustment of status of immigrants to lawful permanent residence in the
United States, improve the quality of inventory data that DHS provides
to agencies, reduce the potential for visa retrogression, and promote
the efficient use of immediately available immigrant visas. This rule
also changes eligibility requirements for certain classifications for
what constitutes compelling circumstances for employment authorization.
Summary of Legal Basis: The DHS's authority for the regulatory
amendments proposed are found in various sections of the Immigration
and Nationality Act (INA), codified at title 8 of the United States
Code, and the Homeland Security Act of 2002 (HSA), Public Law 107-296,
116 Stat. 2135 (Nov. 25, 2002), codified at 6 U.S.C. 101 et seq.
Specifically, 6 U.S.C. 112, and 8 U.S.C. 1103, charge DHS with the
administration and enforcement of the immigration laws of the United
States, and 8 U.S.C. 1103(a) authorizes DHS to establish such
regulations, prescribe such forms of bond, reports, entries, and other
papers; issue instructions; and perform such other acts deemed
necessary for carrying out the Secretary's authority under the
provisions of the INA, including for the provisions related to
immigrant visa petitions (8 U.S.C. 1153 to 1155); Adjustment of status
of refugees (8 U.S.C. 1159); Special Agricultural Workers (8 U.S.C.
1160); Admission of nonimmigrants (8 U.S.C. 1184); Temporary Protected
Status (8 U.S.C. 1254a); Adjustment of status of nonimmigrant to that
of person admitted for permanent residence (8 U.S.C. 1255); Adjustment
of status of certain resident aliens to nonimmigrant status; exceptions
(8 U.S.C. 1157); Work Authorization (8 U.S.C. 1324a).
Anticipated Cost and Benefits: DHS is currently considering the
specific impacts of the proposed provisions.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Undetermined.
Federalism: Undetermined.
Agency Contact: Mark Phillips, Residence and Naturalization
Division Chief, Department of Homeland Security, U.S. Citizenship and
Immigration Services, Office of Policy and Strategy, 5900 Capital
Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, Phone: 240
721-3000.
RIN: 1615-AC22
DHS--USCIS
87. Asylum Eligibility and Public Health [1615-AC57]
Priority: Other Significant.
Legal Authority: Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (``IIRIRA''), Pub. L. 104-208, 110 Stat.
3009, sec. 604(a) (codified at INA 208(b)(2)(C), 8 U.S.C.
1158(b)(2)(C)); INA 241(b)(3)(B), 8 U.S.C. 1231(b)(3)(B); Foreign
Affairs Reform and Restructuring Act (``FARRA''), Pub. L. 105-277, 112
Stat. 2681-822, sec. 2242 (1998); INA 235(b), 8 U.S.C. 1225(b)
CFR Citation: 8 CFR 208; 8 CFR 1208.
Legal Deadline: None.
Abstract: On December 23, 2020, DHS and the DOJ (collectively, the
Departments) published a final rule entitled Security Bars and
Processing to clarify that the danger to the security of the United
States statutory bar to eligibility for asylum and withholding of
removal encompasses certain emergency public health concerns and make
certain other changes. As of December 28, 2022, the rule's effective
date was delayed until December 31, 2024. The Departments plan to
propose modification or withdrawal of the December 23, 2020, rule.
Statement of Need: The Departments are reviewing and reconsidering
whether the Security Bars and Processing final rule is consistent with
the goals of ensuring the safe and orderly reception and processing of
asylum seekers consistent with public health and safety, with the
additional context of the complex relationship between the Procedures
for Asylum and Withholding of Removal; Credible Fear and Reasonable
Fear Review final rule (RINs 1125-AA94 and 1615-AC42) and the Security
Bars and Processing final rule. The Departments are reevaluating
whether the Security Bars and Processing rule provides the most
appropriate and effective framework for achieving its goals of
mitigating the spread of communicable diseases, including COVID-19,
among certain noncitizens in the credible fear screening process, as
well as DHS personnel and the public. Based on such reconsideration,
the Departments will propose to modify or withdraw the Security Bars
rule.
Anticipated Cost and Benefits: DHS is currently considering the
specific cost and benefit impacts of the proposed provisions.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/09/20 85 FR 41201
NPRM Comment Period End............. 08/10/20
Final Action........................ 12/23/20 85 FR 84160
Final Action Effective.............. 01/22/21
Final Rule; Delay of Effective Date. 01/25/21 86 FR 6847
Final Rule; Effective Date Delayed 03/22/21
Until.
Interim Final Rule; Delay of 03/22/21 86 FR 15069
Effective Date.
Interim Final Rule Comment Period 04/21/21
End.
Interim Final Rule Effective Date 12/31/21
Delayed Until.
Interim Final Rule; Delay of 12/28/21 86 FR 73615
Effective Date.
Interim Final Rule Comment Period 02/28/22
End.
Interim Final Rule Effective Date 12/31/22
Delayed Until.
Interim Final Rule; Delay of 12/28/22 87 FR 79789
Effective Date.
Interim Final Rule Comment Period 02/27/23
End.
Interim Final Rule Effective Date 12/31/24
Delayed Until.
NPRM................................ 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
URL For More Information: https://www.regulations.gov.
[[Page 9385]]
URL For Public Comments: https://www.regulations.gov.
Agency Contact: Ren[aacute] Cutlip-Mason, Chief, Division of
Humanitarian Affairs, Department of Homeland Security, U.S. Citizenship
and Immigration Services, 5900 Capital Gateway Drive, Camp Springs, MD
20746, Phone: 240 721-3000.
Related RIN: Related to 1125-AB08, Related to 1615-AC69
RIN: 1615-AC57
DHS--USCIS
88. Clarifying Definitions and Analyses for Fair and Efficient Asylum
and Other Protection Determinations [1615-AC65]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Unfunded Mandates: Undetermined.
Legal Authority: 8 U.S.C. 1101(a)(42); 8 U.S.C. 1158; 8 U.S.C.
1225; 8 U.S.C. 1231 and 1231 (note); E.O. 14010; 86 FR 8267 (Feb. 2,
2021)
CFR Citation: 8 CFR 207; 8 CFR 208; 8 CFR 235; 8 CFR 244; 8 CFR
1003; 8 CFR 1208; 8 CFR 1212; 8 CFR 1235; 8 CFR 1244.
Legal Deadline: None.
Abstract: This rule proposes to amend Department of Homeland
Security (DHS) and Department of Justice (DOJ) (collectively, ``the
Departments'') regulations that govern eligibility for asylum and
withholding of removal. The amendments focus on portions of the
regulations that deal with the definitions of membership in a
particular social group and the interpretation of various other
elements of eligibility for asylum, including some that are often
determinative in particular social group claims, such as the
requirements for failure of State protection, and determinations about
whether persecution is on account of a protected ground. The rule will
also propose to republish, modify, or rescind portions of the
Procedures for Asylum and Withholding of Removal; Credible Fear and
Reasonable Fear Review final rule (RINs 1125-AA94 and 1615-AC42). This
rule is consistent with Executive Order 14010 of February 2, 2021,
which directs the Departments to promulgate joint regulations,
consistent with applicable law, addressing the circumstances in which a
person should be considered a member of a particular social group.
Statement of Need: The Departments propose this rule to clarify
standards governing numerous elements of eligibility for asylum,
withholding of removal under section 241(b)(3) of the Immigration and
Nationality Act, and protection from removal under the regulations that
implement U.S. obligations in immigration cases under Article 3 of the
Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.
Anticipated Cost and Benefits: DHS is currently considering the
specific cost and benefit impacts of the proposed provisions.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: Undetermined.
Federalism: Undetermined.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
Agency Contact: Rena Cutlip-Mason, Chief, Division of Humanitarian
Affairs, OP&S, Department of Homeland Security, U.S. Citizenship and
Immigration Services, 5900 Capital Gateway Drive, Camp Springs, MD
20746, Phone: 240 721-3000.
Related RIN: Related to 1615-AC42, Related to 1125-AB13, Related to
1125-AA94
RIN: 1615-AC65
DHS--USCIS
89. Procedures for Asylum and Bars to Asylum Eligibility [1615-AC69]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: Homeland Security Act of 2002, Pub. L. 107-296,
116 Stat. 2135, sec. 1102, as amended; 8 U.S.C. 1103(a)(1); 8 U.S.C.
1103(a)(3); 8 U.S.C. 1103(g); 8 U.S.C. 1225(b); 8 U.S.C. 1231(b)(3) and
1231 (note); 8 U.S.C. 1158
CFR Citation: 8 CFR 208; 8 CFR 235; 8 CFR 1003; 8 CFR 1208; 8 CFR
1235.
Legal Deadline: None.
Abstract: In 2020, the Department of Homeland Security and
Department of Justice (collectively, the Departments) published a final
rule amending their respective regulations governing bars to asylum
eligibility and procedures: Procedures for Asylum and Bars to Asylum
Eligibility (RINs 1125-AA87 and 1615-AC41), 85 FR 67202 (Oct. 21,
2020). The Departments will propose to modify or rescind the regulatory
changes promulgated in this final rule consistent with Executive Order
14010 (Feb. 2, 2021).
Statement of Need: The Departments are reviewing this regulation in
light of the issuance of Executive Order 14010 and Executive Order
14012. This rule is needed to restore and strengthen the asylum system
and to address inconsistencies with the goals and principles outlined
in Executive Order 14010 and Executive Order 14012.
Anticipated Cost and Benefits: The Departments are currently
considering the specific cost and benefit impacts of the proposed
provisions.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Agency Contact: Rena Cutlip-Mason, Chief, Division of Humanitarian
Affairs, OP&S, Department of Homeland Security, U.S. Citizenship and
Immigration Services, 5900 Capital Gateway Drive, Camp Springs, MD
20746, Phone: 240 721-3000.
Related RIN: Related to 1125-AA87, Split from 1615-AC41, Related to
1125-AB12
RIN: 1615-AC69
DHS--USCIS
90. Modernizing H-1B Requirements and Oversight, Providing Flexibility
in the F-1 Program, and Program Improvements Affecting Other
Nonimmigrant Workers [1615-AC70]
Priority: Other Significant. Major under 5 U.S.C. 801.
Legal Authority: 6 U.S.C. 101, 112 and 202; 8 U.S.C. 1101(a)(15)(F)
and (H)(i)(b),1103(a), 1184(a), 1184(c), 1184(i) and 1357(b); . . .
CFR Citation: 8 CFR 214.2.
Legal Deadline: None.
Abstract: The Department of Homeland Security (DHS) is proposing to
amend its regulations governing H-1B specialty occupation workers and
F-1 students who are the beneficiaries of timely filed H-1B cap-subject
petitions. Specifically, DHS proposes to revise the regulations
relating to ``specialty occupation'' and the ``employer-employee
relationship''; provide flexibility for start-up entrepreneurs;
implement new requirements and guidelines for H-1B site visits; provide
flexibility on the employment start date listed on the petition (in
limited circumstances); address ``cap-gap''
[[Page 9386]]
issues; bolster the H-1B registration process to reduce the possibility
of misuse and fraud in the H-1B registration system; modernize cap
exemptions; clarify the requirement that an amended or new petition be
filed where there are material changes; and codify USCIS' deference
policy and requirement of maintenance of status for all employment-
based nonimmigrant classifications that use Form I-129, among other
provisions.
Statement of Need: These proposed changes are needed to modernize
and streamline the requirements of the H-1B program, improve program
efficiency and integrity measures, and provide greater benefits and
flexibilities for petitioners and beneficiaries.
Summary of Legal Basis: The Secretary of Homeland Security's
authority for these proposed regulatory amendments is found in various
sections of the Immigration and Nationality Act (INA or the Act), 8
U.S.C. 1101 et seq., and the Homeland Security Act of 2002 (HSA),
Public Law 107-296, 116 Stat. 2135, 6 U.S.C. 101 et seq. General
authority for issuing this rule is found in section 103(a) of the INA,
8 U.S.C. 1103(a), which authorizes the Secretary to administer and
enforce the immigration and nationality laws, as well as section 112 of
the HSA, 6 U.S.C. 112, which vests all of the functions of DHS in the
Secretary and authorizes the Secretary to issue regulations. Section
101(a)(15) of the INA, 8 U.S.C. 1101(a)(15) establishes classifications
for noncitizens who are coming temporarily to the United States as
nonimmigrants. Section 214(a)(1) of the INA, 8 U.S.C. 1184(a)(1),
authorizes the Secretary to prescribe, by regulation, the terms and
conditions of the admission of nonimmigrants. Section 214(c) of the
INA, 8 U.S.C. 1184(c) authorizes the Secretary to prescribe how an
importing employer may petition for nonimmigrant workers, the
information that an importing employer must provide in the petition;
and certain fees that are required for certain nonimmigrant petitions.
Section 214(g) of the INA, 8 U.S.C. 1184(g), prescribes the H-1B
numerical limitations, various exceptions to those limitations, and the
period of authorized admission for H-1B nonimmigrants. Section 214(i)
of the INA, 8 U.S.C. 1184(i), sets forth the definition and
requirements of a specialty occupation. Section 248 of the INA, 8
U.S.C. 1258, authorizes a noncitizen to change from any nonimmigrant
classification (subject to certain exceptions) to any other
nonimmigrant classification if the noncitizen was lawfully admitted to
the United States as a nonimmigrant and is continuing to maintain that
status and is not otherwise subject to the 3- or 10-year bar applicable
to certain noncitizens who were unlawfully present in the United
States. Section 274A of the INA, 8 U.S.C. 1324a, recognizes the
Secretary's authority to extend employment authorization to noncitizens
in the United States. Finally, section 287(b) of the INA, 8 U.S.C.
1357(b), authorizes the taking and consideration of evidence concerning
any matter that is material or relevant to the enforcement of the INA.
Anticipated Cost and Benefits: DHS is currently considering the
specific impacts of the proposed provisions.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Charles Nimick, Chief, Business and Foreign Workers
Division, Office of Policy and Strategy, Department of Homeland
Security, U.S. Citizenship and Immigration Services, 5900 Capital
Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, Phone: 240
721-3000.
RIN: 1615-AC70
DHS--USCIS
91. Modernizing H-2 Program Requirements, Oversight, and Worker
Protections [1615-AC76]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: 8 U.S.C. 1103(a)(3); 8 U.S.C.
1001(a)(15)(H)(ii)(a) and (b); 8 U.S.C. 1184(a), (c) and (g); 8 U.S.C.
1324a
CFR Citation: 8 CFR 214; 8 CFR 274a.
Legal Deadline: None.
Abstract: On September 20, 2023, DHS published a notice of proposed
rulemaking (NPRM) in which proposed several changes to modernize and
reform the H-2A and H-2B nonimmigrant worker programs. Specifically,
the NPRM incorporates new policies that if finalized would produce
program efficiencies, address current aspects of the program that may
have unintentionally resulted in exploitation or other abuse of persons
seeking to come to this country as H-2A and H-2B workers, builds upon
existing protections against prohibited payments or other assessment of
fees and/or salary deductions by H-2A and H-2B employers in connection
with recruitment and/or H-2 employment, and otherwise adds protections
for workers. DHS has not proposed any changes that would revise the
temporary labor certification process or the regulations contained in
20 CFR part 655 or 29 CFR part 501 and 503. The public comment period
closes November 20, 2023, and DHS will review the comments received
during the comment period and in accordance with the instructions
contained in the NPRM before issuing any future final rule.
Statement of Need: This rulemaking is needed to enhance protections
for workers and better ensure the integrity of the H-2A and H-2B
programs. In addition, this proposed rule is necessary to improve H-2
program efficiencies and remove certain barriers to program access.
Summary of Legal Basis: The Immigration and Nationality Act (INA)
charges the Secretary of Homeland Security with the administration and
enforcement of the immigration laws and provides that the Secretary
shall establish such regulations and perform such other acts as he
deems necessary for carrying out his authority under the INA. See INA
section 103(a)(1),(3), 8 U.S.C. 1103(a)(1), (3). In addition, the
Homeland Security Act of 2002 charges the Secretary with establishing
and administering rules governing the granting of visas or other forms
of permission to enter the United States to individuals who are not a
citizen, or an alien lawfully admitted for permanent residence in the
United States. See Public Law 107-296, 116 Stat. 2135, 6 U.S.C. 202(4).
Congress established the H-2A and H-2B nonimmigrant classifications in
INA section 101(a)(15)(H)(ii)(a) and (b), 8 U.S.C.
1101(a)(15)(H)(ii)(a) and (b). With respect to nonimmigrants in
particular, the INA provides that the admission to the United States of
any alien as a nonimmigrant shall be for such time and under such
conditions as the Secretary may by regulations prescribe. See INA
section 214(a)(1), 8 U.S.C. 1184(a)(1). The INA also tasks DHS with
approving petitions filed by the importing employers of nonimmigrants,
including those in the H nonimmigrant visa classification, before a
nonimmigrant visa may be granted. See INA section 214(c)(1), 8 U.S.C.
1184(c)(1).
Anticipated Cost and Benefits: In the published proposed rule, DHS
estimates annualized costs of rule range from $1,998,572 to $2,668,028
at a 3-percent discount rate and $2,186,033 to $2,915,885 at a 7-
percent discount rate.
[[Page 9387]]
In addition, the total annualized transfers (from consumers to a
limited number of H-2A and H-2B workers) amount to $2,918,958 in
additional earnings at the 3-percent and 7-percent discount rate and
related total tax transfers of $337,122. Fees paid for Form I-129 and
premium processing as a result of the proposed rule's portability
provision constitute a transfer of $636,760 from petitioners to USCIS
(3 and 7-percent annualized equivalent).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/20/23 88 FR 65040
NPRM Comment Period End............. 11/20/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: None.
URL For More Information: https://www.regulations.gov.
URL For Public Comments: https://www.regulations.gov.
Agency Contact: Charles Nimick, Chief, Business and Foreign Workers
Division, Office of Policy and Strategy, Department of Homeland
Security, U.S. Citizenship and Immigration Services, 5900 Capital
Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, Phone: 240
721-3000.
RIN: 1615-AC76
DHS--USCIS
92. Citizenship and Naturalization and Other Related Flexibilities
[1615-AC80]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: sec. 102 of the Homeland Security Act of 2002; 6
U.S.C. 112(a)(3); 8 U.S.C. 1101; 8 U.S.C. 1103; 8 U.S.C. 1151; 8 U.S.C.
1153; 8 U.S.C. 1154; 8 U.S.C. 1159; 8 U.S.C. 1182; 8 U.S.C. 1255; 8
U.S.C. 1401; 8 U.S.C. 1409; 8 U.S.C. 1421; 8 U.S.C. 1423; 8 U.S.C.
1427; 8 U.S.C. 1429 to 1431; 8 U.S.C. 1433; 8 U.S.C. 1435; 8 U.S.C.
1438 to 1440; 8 U.S.C. 1443; 8 U.S.C. 1445 to 1449; 8 U.S.C. 1452; 8
U.S.C. 1454; 8 U.S.C. 1481
CFR Citation: 8 CFR 1.2; 8 CFR 103; 8 CFR 106; 8 CFR 204; 8 CFR
209; 8 CFR 245; 8 CFR 300; 8 CFR 306; 8 CFR 312; 8 CFR 316; 8 CFR 318;
8 CFR 319; 8 CFR 320; 8 CFR 322; 8 CFR 324; 8 CFR 329; 8 CFR 333; 8 CFR
334; 8 CFR 335; 8 CFR 336; 8 CFR 337; 8 CFR 338; 8 CFR 339; 8 CFR 341;
8 CFR 343a; 8 CFR 349; 8 CFR 212; . . .
Legal Deadline: None.
Abstract: The Department of Homeland Security (DHS) will propose to
amend its regulations governing citizenship and naturalization. This
includes clarifying the testing requirements, updating eligibility
requirements, and proposing amendments to clarify definitions. DHS will
also propose to amend other immigration benefit provisions, such as
certain provisions related to adjustment of status and waivers of
inadmissibility that can affect naturalization and acquisition of
citizenship. In addition, DHS will propose removing certain outdated
provisions and amending other provisions to align with current
statutory framework, such as updating the adoption-related regulatory
provisions consistent with the Intercountry Adoption Universal
Accreditation Act of 2012.
Statement of Need: These proposed changes, some of which were
requested by the public, are needed to improve the efficiency,
effectiveness, accessibility, uniformity, and consistency of
adjudications.
Summary of Legal Basis: DHS's authority is found in several
statutory provisions. Section 102 of the Homeland Security Act of 2002
(Pub. L. 107296, 116 Stat. 2135), 6 U.S.C. 112, and section 103(a) of
the Immigration and Nationality Act (INA or the Act), 8 U.S.C. 1103(a),
charge the Secretary with the administration and enforcement of the
immigration and naturalization laws of the United States. In addition
to establishing the Secretary's general authority for the
administration and enforcement of immigration laws, section 103(a) of
the Act, 8 U.S.C. 1103(a), enumerates various related authorities that
include the Secretary's authority to establish such regulations as the
Secretary deems necessary for carrying out the Secretary's authority
under the Act.
Anticipated Cost and Benefits: DHS is currently considering the
specific impacts of the proposed provisions.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Undetermined.
Agency Contact: Mark Phillips, Residence and Naturalization
Division Chief, Department of Homeland Security, U.S. Citizenship and
Immigration Services, Office of Policy and Strategy, 5900 Capital
Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, Phone: 240
721-3000.
RIN: 1615-AC80
DHS--USCIS
Final Rule Stage
93. U.S. Citizenship and Immigration Services Fee Schedule and Changes
to Certain Other Immigration Benefit Request Requirements [1615-AC68]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 8 U.S.C. 1356(m), (n)
CFR Citation: 8 CFR 103; 8 CFR 106; 8 CFR 204; 8 CFR 212; 8 CFR
214; 8 CFR 240; 8 CFR 244; 8 CFR 245; 8 CFR 245a; 8 CFR 264; 8 CFR
274a.
Legal Deadline: None.
Abstract: On January 4, 2023, the Department of Homeland Security
(DHS) published a notice of proposed rulemaking (NPRM or proposed rule)
88 FR 402 that proposed to adjust the fees charged by U.S. Citizenship
and Immigration Services (USCIS) for immigration and naturalization
benefit requests. On August 3, 2020, DHS adjusted the fees USCIS
charges for immigration and naturalization benefit requests, imposed
new fees, revised certain fee waiver and exemption policies, and
changed certain application requirements via the rule ``USCIS Fee
Schedule & Changes to Certain Other Immigration Benefit Request
Requirements.'' DHS has been preliminarily enjoined from implementing
that rule by court order. This rule would rescind and replace the
changes made by the August 3, 2020, rule and establish new USCIS fees
to recover USCIS operating costs. DHS solicited public comment on the
NPRM, which DHS intends to consider and address in a final rule.
Statement of Need: USCIS projects that its costs of providing
immigration adjudication and naturalization services will exceed the
financial resources available to it under its existing fee structure.
DHS proposes to adjust the USCIS fee structure to ensure that USCIS
recovers the costs of meeting its operational requirements.
The CFO Act requires each agency's chief financial officer to
``review, on a biennial basis, the fees, royalties, rents, and other
charges imposed by the agency for services and things of value it
provides, and make recommendations on revising those charges to reflect
costs incurred by it in providing those services and things of value.''
Summary of Legal Basis: INA 286(m) and (n), 8 U.S.C. 1356(m) and
(n), authorize the Attorney General and
[[Page 9388]]
Secretary of Homeland Security to recover the full cost of providing
immigration adjudication and naturalization services by establishing
and collecting fees deposited into the Immigration Examinations Fee
Account.
Anticipated Cost and Benefits: In the published proposed rule, DHS
estimated the annualized net costs to the public would be $532,379,138
discounted at 3-and 7-percent. Fee increases and other changes in this
proposed rule would result in annualized transfer payments from
applicants/petitioners to USCIS of approximately $1,612,127,862
discounted at both 3-percent and 7-percent. Fee reductions and
exemptions in this proposed rule would result in annualized transfer
payments from USCIS to applicants/petitioners of approximately
$116,372,429 discounted at both 3-percent and 7-percent. The annualized
transfer payments from the Department of Defense (DoD) to USCIS would
be approximately $222,145 at both 3- and 7-percent discount rates. DHS
is currently considering the specific impacts of the final rule's
provisions.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/04/23 88 FR 402
NPRM Correction..................... 01/09/23 88 FR 1172
NPRM Comment Period End............. 03/06/23
NPRM Comment Period Extended........ 02/24/23 88 FR 11825
NPRM Comment Period Extended End.... 03/13/23
Final Action........................ 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses, Governmental Jurisdictions,
Organizations.
Government Levels Affected: None.
URL For More Information: https://www.regulations.gov.
URL For Public Comments: https://www.regulations.gov.
Agency Contact: Kika Scott, Chief Financial Officer, Department of
Homeland Security, U.S. Citizenship and Immigration Services, 5900
Capital Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009, Phone:
240 721-3000.
RIN: 1615-AC68
DHS--U.S. COAST GUARD (USCG)
Proposed Rule Stage
94. Shipping Safety Fairways Along the Atlantic Coast [1625-AC57]
Priority: Other Significant.
Legal Authority: 46 U.S.C. 70001; 46 U.S.C. 70003; 46 U.S.C. 70034
CFR Citation: 33 CFR 166; 33 CFR 167.
Legal Deadline: None.
Abstract: The Coast Guard seeks comments regarding the possible
establishment of shipping safety fairways (fairways) along the Atlantic
Coast of the United States. Fairways are marked routes for vessel
traffic in which any fixed obstructions are prohibited. The proposed
fairways are based on studies about vessel traffic along the Atlantic
Coast. The Coast Guard is coordinating this action with the Bureau of
Offshore Energy Management (BOEM) to minimize the impact on potential
offshore energy leases.
Statement of Need: This rulemaking would establish shipping safety
fairways along the Atlantic coast of the United States to facilitate
the direct and unobstructed transits of ships and facilitate
development on the outer continental shelf. The establishment of
fairways would ensure that obstruction-free routes are preserved to and
from US ports and along the Atlantic coast.
Summary of Legal Basis: Section 70003 of title 46 United States
Code (46 U.S.C. 70003) directs the Secretary of the department in which
the Coast Guard resides to designate necessary fairways that provide
safe access routes for vessels proceeding to and from U.S. ports.
Alternatives: The ANPRM outlined the Coast Guard's plans for
fairways along the Atlantic Coast and requested information and data
associated with the regulatory concepts. The Coast Guard will use this
information and data to shape regulatory language and alternatives and
assess the associated impacts in the NPRM. The Coast Guard is also
considering comments received on port access route studies notices in
development of the proposed rule.
Anticipated Cost and Benefits: The fairways are designed to keep
traditional vessel navigation routes free from fixed structures that
could impact navigation safety and impede other shared offshore
activities. Fairways are not mandatory; however, the Coast Guard
recognizes that there is increasing interest in offshore commercial
development, including offshore renewable energy installations, and
believes this development is best served by the establishment of
consistent and well-defined fairways. The proposed fairways would help
ensure that offshore developments remain viable by allowing developers
to construct and maintain installations without risk of impeding vessel
traffic.
Risks: The Bureau of Ocean Energy Management (BOEM) is leasing
offshore areas that could affect customary shipping routes. Expeditious
pursuit of this rulemaking is intended to prevent conflict between
customary shipping routes and areas that may be leased by BOEM.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 06/19/20 85 FR 37034
ANPRM Comment Period End............ 08/18/20
NPRM................................ 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: None.
Additional Information: Docket number USCG-2019-0279.
URL For More Information: https://www.regulations.gov.
URL For Public Comments: https://www.regulations.gov.
Agency Contact: Maureen Kallgren Program Manager, Department of
Homeland Security, U.S. Coast Guard, Office of Navigation Systems (CG-
NAV), 2703 Martin Luther King Jr. Avenue SE, STOP 7509, Washington, DC
20593-7509, Phone: 202 372-1561, Email: [email protected].
RIN: 1625-AC57
DHS--USCG
95. Cybersecurity in the Marine Transportation System [1625-AC77]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: 46 U.S.C. 70101; 46 U.S.C. 70102; 46 U.S.C. 70104;
46 U.S.C. 70124
CFR Citation: 33 CFR 101.
Legal Deadline: None.
Abstract: The Coast Guard proposes to update its maritime security
regulations by adding cybersecurity requirements to existing Maritime
Security regulations in 33 CFR part 101 et seq. This proposed
rulemaking is part of an ongoing effort to address emerging
cybersecurity risks and threats to maritime security by including
additional security requirements to safeguard the marine transportation
system.
Statement of Need: The purpose of this rulemaking is to set minimum
cybersecurity requirements for vessels
[[Page 9389]]
and facilities to safeguard the Marine Transportation System (MTS) from
cybersecurity vulnerabilities.
Summary of Legal Basis: The Coast Guard exercises the Maritime
Transportation Security Act of 2002 (MTSA) authorities of Chapter 701
of Title 46 of the U.S. Code. This includes the authority to promulgate
Chapter 701 regulations under 46 U.S.C. 70124. This statute provides
that the Secretary of Homeland Security may issue regulations necessary
to implement Chapter 701 of Title 46.
Anticipated Cost and Benefits: The regulatory analysis for the
proposed rule is still being developed.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: Undetermined.
Agency Contact: Frank Strom, Chief, Systems Engineering Division
(CG-ENG-3), Department of Homeland Security, U.S. Coast Guard, Office
of Design and Engineering Standards, 2703 Martin Luther King Jr. Avenue
SE, STOP 7509, Washington, DC 20593-7509, Phone: 202 372-1375, Email:
[email protected].
RIN: 1625-AC77
DHS--USCG
96. Marpol Annex VI; Prevention of Air Pollution From Ships [1625-AC78]
Priority: Other Significant.
Legal Authority: 33 U.S.C. 1903
CFR Citation: 33 CFR 151.
Legal Deadline: None.
Abstract: The Coast Guard is proposing regulations to carry out the
provisions of Annex VI of the MARPOL Protocol, which is focused on the
prevention of air pollution from ships. The Act to Prevent Pollution
from Ships has already given direct effect to most provisions of Annex
VI, and the Coast Guard and the Environmental Protection Agency have
carried out some Annex VI provisions through previous rulemakings. This
proposed rule would fill gaps in the existing framework for carrying
out the provisions of Annex VI. Chapter 4 of Annex VI contains
shipboard energy efficiency measures that include short-term measures
reducing carbon emissions linked to climate change and supports
Administration goals outlined in Executive Order 14008 titled Tackling
the Climate Crisis at Home and Abroad. This proposed rule would apply
to U.S.-flagged ships. It would also apply to foreign-flagged ships
operating either in U.S. navigable waters or in the U.S. Exclusive
Economic Zone.
Statement of Need: The Coast Guard is proposing regulations to
carry out the provisions of Annex VI of the MARPOL Protocol, which is
focused on the prevention of air pollution from ships. The Act to
Prevent Pollution from Ships has already given direct effect to most
provisions of Annex VI, and the Coast Guard and the Environmental
Protection Agency have carried out some Annex VI provisions through
previous rulemakings. This proposed rule would fill gaps in the
existing framework for carrying out the provisions of Annex VI and
explain how the United States has chosen to carry out certain
discretionary aspects of Annex VI.
Summary of Legal Basis: Section 4 of the Act to Prevent Pollution
from Ships (Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297), as reflected
in 33 U.S.C. 1903, directs the Secretary of Homeland Security to
prescribe any necessary or desired regulations to carry out the
provisions of the MARPOL Protocol. The ``MARPOL Protocol'' is defined
in 33 U.S.C. 1901 and includes Annex VI of the International Convention
for the Prevention of Pollution from Ships, 1973.
Anticipated Cost and Benefits: USCG anticipates the costs for the
proposed rule to come primarily from additional labor for 5
requirements including overseeing surveys; developing and maintaining a
fuel-switching procedure; recording various data during each fuel
switching; developing and managing a Volatile organic compounds (VOC)
management plan; crew member to calculate and report the attained
Energy Efficient Design Index (EEDI) of the vessel, and crew member to
develop and maintain the Ship Energy Efficiency Management Plan
(SEEMP). USCG expects the proposed rule to have benefits from avoided
engine emissions.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Federalism: Undetermined.
Agency Contact: Frank Strom, Chief, Systems Engineering Division
(CG-ENG-3), Department of Homeland Security, U.S. Coast Guard, Office
of Design and Engineering Standards, 2703 Martin Luther King Jr. Avenue
SE, STOP 7509, Washington, DC 20593-7509, Phone: 202 372-1375, Email:
[email protected].
RIN: 1625-AC78
DHS--U.S. CUSTOMS AND BORDER PROTECTION (USCBP)
Final Rule Stage
97. Advance Passenger Information System: Electronic Validation of
Travel Documents [1651-AB43]
Priority: Other Significant.
Legal Authority: 49 U.S.C. 44909; 8 U.S.C. 1221
CFR Citation: 19 CFR 122.
Legal Deadline: None.
Abstract: U.S. Customs and Border Protection (CBP) regulations
require commercial air carriers to electronically transmit passenger
information to CBP's Advance Passenger Information System (APIS) prior
to an aircraft's arrival in or departure from the United States. CBP
proposes to amend these regulations to incorporate additional carrier
requirements that will enable CBP to validate each passenger's travel
documents prior to the passenger boarding the aircraft. This proposed
rule would also require air carriers to transmit additional data
elements through APIS for all commercial aircraft passengers arriving
in the United States in order to support border operations and national
security. The collection of additional data elements will support the
efforts of the Centers for Disease Control, within the Department of
Health and Human Services, to monitor and contact-trace health
incidents. This rule is consistent with Executive Order 14058, which
directs agencies to take actions that improve service delivery and
customer experience by decreasing administrative burdens, enhancing
transparency, and improving the efficiency and effectiveness of
government.
Statement of Need: Current regulations require U.S. citizens and
foreign travelers entering and leaving the United States via air travel
to submit travel documents containing biographical information, such as
a passenger's name and date of birth. For security purposes, CBP
compares the information on passengers' documents to various databases
and the terrorist watch list through APIS. While in the case of
security threats CBP may require an air carrier to deny boarding to the
passenger. CBP recommends that air carriers deny boarding to those
likely to be deemed inadmissible upon arrival in the United States. To
further improve
[[Page 9390]]
CBP's vetting processes with respect to identifying and preventing
passengers with fraudulent or improper documents from traveling to or
leaving the United States, CBP proposes to require carriers to receive
from CBP a message that would state whether CBP matched the travel
documents of each passenger to a valid, authentic travel document prior
to departure to the United States from a foreign port or place or
departure from the United States. The proposed rule also would require
carriers to submit passenger contact information while in the United
States to CBP through APIS. Submission of such information would enable
CBP to identify and interdict individuals posing a risk to border,
national, and aviation safety and security more quickly. Collecting
these additional data elements would also enable CBP to further assist
CDC to monitor and trace the contacts of those involved in serious
public health incidents upon CDC request. Additionally, the proposed
rule would allow carriers to include the aircraft tail number in their
electronic messages to CBP and make technical changes to conform with
current practice.
Anticipated Cost and Benefits: The proposed rule would result in
costs to CBP, air carriers, and passengers for additional time spent
coordinating to resolve a passenger's status should there be a security
issue upon checking in for a flight. In addition, CBP will incur costs
for technological improvements to its systems. CBP, air carriers, and
passengers would benefit from reduced passenger processing times during
customs screening. Unquantified benefits would result from greater
efficiency in passenger processing pre-flight, improved national
security, and fewer penalties for air carriers following entry denial
of a passenger.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/02/23 88 FR 7016
NPRM Comment Period End............. 04/03/23
Final Action........................ 08/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
URL For More Information: https://www.regulations.gov.
URL For Public Comments: https://www.regulations.gov.
Agency Contact: Robert Neumann, Program Manager, Office of Field
Operations, Department of Homeland Security, U.S. Customs and Border
Protection, 1300 Pennsylvania Avenue NW, Washington, DC 20229, Phone:
202 412-2788, Email: [email protected].
RIN: 1651-AB43
DHS--TRANSPORTATION SECURITY ADMINISTRATION (TSA)
Proposed Rule Stage
98. Enhancing Surface Cyber Risk Management [1652-AA74]
Priority: Other Significant.
Legal Authority: 49 U.S.C. 114; Pub. L. 110-53, secs. 1405, 1512
and 1531
CFR Citation: 49 CFR 1520; 49 CFR 1570; 49 CFR 1580; 49 CFR 1582;
49 CFR 1584.
Legal Deadline: None.
Abstract: On July 28, 2021, the President issued the National
Security Memorandum on Improving Cybersecurity for Critical
Infrastructure Control Systems. In response to the ongoing threat to
pipeline systems, TSA used its authority under 49 U.S.C. 114 to issue
emergency security directives to owners and operators of TSA-designated
critical pipelines that transport hazardous liquids and natural gas to
implement a number of urgently needed protections against cyber
intrusions. TSA also issued security directives in the freight,
passenger, and transit-rail sectors under the same statutory authority.
TSA is committed to enhancing and sustaining industry's resilience to
cybersecurity attacks. TSA intends to issue a rulemaking that will
permanently codify critical cybersecurity requirements for pipeline and
rail modes. Through this rulemaking, TSA will also address certain
requirements in the Implementing Recommendations of the 9/11 Commission
Act of 2007 related to information and operational technology systems.
TSA is committed to enhancing and sustaining cybersecurity for all
modes of transportation and intends to issue a rulemaking that may
codify these and other requirements following an opportunity for notice
and comment. In addition to holding numerous technical roundtables with
the industry regarding cybersecurity requirements, TSA also solicited
public input in the development of this rulemaking through publication
of an advance notice of proposed rulemaking in November 2022.
Statement of Need: This rulemaking is necessary to address the
ongoing cybersecurity threat to U.S. transportation modes with
potential impacts on national security, including economic security.
Anticipated Cost and Benefits: TSA is in the process of determining
the costs and benefits of this rulemaking.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 11/30/22 87 FR 73527
ANPRM Comment Period End............ 01/17/23
ANPRM Comment Period Extended....... 12/23/22 87 FR 78911
ANPRM Comment Period Extended End... 02/01/23
NPRM................................ 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Undetermined.
URL For More Information: https://www.regulations.gov.
URL For Public Comments: https://www.regulations.gov.
Agency Contact: Victor Parker, Branch Manager, Policy Development
Branch, Surface Division, Department of Homeland Security,
Transportation Security Administration, Policy, Plans and Engagement,
6595 Springfield Center Drive, Springfield, VA 20598-6028, Phone: 571
227-3664, Email: [email protected].
James Ruger, Chief Economist, Economic Analysis Branch-Coordination
& Analysis Division, Department of Homeland Security, Transportation
Security Administration, Policy, Plans, and Engagement, 6595
Springfield Center Drive, Springfield, VA 20598-6028, Phone: 571 227-
5519, Email: [email protected].
David Kasminoff, Senior Counsel, Regulations and Security
Standards, Department of Homeland Security, Transportation Security
Administration, Chief Counsel's Office, 6595 Springfield Center Drive,
Springfield, VA 20598-6002, Phone: 571 227-3583, Email:
[email protected].
Related RIN: Related to 1652-AA56
RIN: 1652-AA74
DHS--TSA
Final Rule Stage
99. Flight Training Security Program [1652-AA35]
Priority: Other Significant.
Legal Authority: 6 U.S.C. 469(b); 49 U.S.C. 114; 49 U.S.C. 44939;
49 U.S.C. 46105
CFR Citation: 49 CFR part 1552.
Legal Deadline: Final, Statutory, February 10, 2004, interim final
rule required within 60 days of enactment of the Vision 100 Act.
[[Page 9391]]
Public Law 108-176, sec. 612(a) (Dec. 12, 2003) requires an interim
final rule to implement the requirements of 49 U.S.C. 44939, as further
amended by section 612(a), not later than 60 days after the date of
enactment of the act. Public Law 108-90, sec. 520 (Oct. 1, 2003),
codified at 6 U.S.C. 469(b), requires collection of fees authorized by
Public Law 108-176). Public Law 110-329, sec. 543 (Sept. 30, 2008)
further amends 6 U.S.C. 469 to include both initial and recurrent
training.
Abstract: As required by the Vision 100 Act, TSA issued an Interim
Final Rule (IFR) (effective September 20, 2004) that transferred
responsibility for the vetting of flight school candidates from the
Department of Justice to TSA, with certain modifications to the program
required by the act. TSA reopened the comment period for 30 days on May
18, 2018. This IFR applies to training providers and to individuals who
apply for or receive flight training. Flight schools are required to
notify TSA when non-U.S. citizens, non-U.S. nationals, and other
individuals designated by TSA, apply for flight training or recurrent
flight training. TSA issued exemptions and interpretations in response
to comments on the IFR and questions raised during operation of the
program since 2004, and a notice published in 2018 extending the
comment period on the IFR. Many of the changes made to the program
through this final rule are in direct responses to recommendations from
the Aviation Security Advisory Committee, a statutorily created
committee charged with providing input to TSA on regulatory
requirements. Based on the comments and questions received, TSA is
finalizing the rule and considering modifications that would change the
frequency of security threat assessments from a high-frequency, event-
based interval, to a time-based interval; clarify the definitions and
other provisions of the rule; and enable industry to use TSA-provided
electronic recordkeeping systems for all documents required to
demonstrate compliance with the rule. These and other changes will
provide significant cost-savings to the industry and individuals
seeking flight training while also enhancing security.
Statement of Need: In the years since TSA published the IFR,
members of the aviation industry, the public, and federal oversight
organizations have identified areas where the Flight Training Security
Program (formerly the Alien Flight Student Program) could be improved.
TSA's internal procedures and processes for vetting applicants also
have advanced through technology and other enhancements. Publishing a
final rule that addresses comments on the IFR and aligns with modern
TSA vetting practices would streamline and reduce burden for the Flight
Training Security Program application, vetting, and recordkeeping
process for all parties involved.
Anticipated Cost and Benefits: TSA is considering revising the
requirements of the Flight Training Security Program to reduce costs
and industry burden. One action TSA is considering is an electronic
recordkeeping platform where all flight training providers would upload
certain information to a TSA-managed website (https://fts.tsa.dhs.gov/
). Also at industry's request, TSA is considering changing the interval
for a Security Threat Assessment of each non-U.S. citizen and non-U.S.
national flight student, by eliminating the requirement for a Security
Threat Assessment for each separate training event. This change would
result in an annual savings, although there may be additional start-up
and record retention costs for the agency as a result of this revision.
The change in the interval of the Security Threat Assessment would
result in immediate cost savings to flight providers and students who
are neither U.S. citizens nor U.S. nationals without compromising the
security process.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule; Request for 09/20/04 69 FR 56324
Comments.
Interim Final Rule Effective........ 09/20/04
Interim Final Rule; Comment Period 10/20/04
End.
Notice-Information Collection; 60- 11/26/04 69 FR 68952
Day Renewal.
Notice-Information Collection; 30- 03/30/05 70 FR 16298
Day Renewal.
Notice-Information Collection; 60- 06/06/08 73 FR 32346
Day Renewal.
Notice-Information Collection; 30- 08/13/08 73 FR 47203
Day Renewal.
Notice-Alien Flight Student Program 04/13/09 74 FR 16880
Recurrent Training Fees.
Notice-Information Collection; 60- 09/21/11 76 FR 58531
Day Renewal.
Notice-Information Collection; 30- 01/31/12 77 FR 4822
Day Renewal.
Notice-Information Collection; 60- 03/10/15 80 FR 12647
Day Renewal.
Notice-Information Collection; 30- 06/18/15 80 FR 34927
Day Renewal.
IFR; Comment Period Reopened........ 05/18/18 83 FR 23238
IFR; Comment Period Reopened End.... 06/18/18
Notice-Information Collection; 60- 07/06/18 83 FR 31561
Day Renewal.
Notice-Information Collection; 30- 10/31/18 83 FR 54761
Day Renewal.
Notice-Information Collection; 60- 08/27/21 86 FR 48239
Day Renewal.
Notice-Information Collection; 30- 01/19/22 87 FR 2889
Day Renewal.
Final Rule.......................... 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
URL For More Information: https://www.regulations.gov.
URL For Public Comments: https://www.regulations.gov.
Agency Contact: Stephanie Hamilton, Manager, Vetting Programs
Branch, Department of Homeland Security, Transportation Security
Administration, Enrollment Services & Vetting Programs, 6595
Springfield Center Drive, Springfield, VA 20598-6010, Phone: 571 227-
2851, Email: [email protected].
James Ruger, Chief Economist, Economic Analysis Branch-Coordination
& Analysis Division, Department of Homeland Security, Transportation
Security Administration, Policy, Plans, and Engagement, 6595
Springfield Center Drive, Springfield, VA 20598-6028, Phone: 571 227-
5519, Email: [email protected].
David Ross, Attorney-Advisor, Regulations and Security Standards,
Department of Homeland Security, Transportation Security
Administration, Chief Counsel's Office, 6595 Springfield Center Drive,
Springfield, VA 20598-6002, Phone: 571 227-2465, Email:
[email protected].
Related RIN: Related to 1652-AA61
RIN: 1652-AA35
DHS--TSA
100. Frequency of Renewal Cycle for Indirect Air Carrier Security
Programs [1652-AA72]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
[[Page 9392]]
Legal Authority: 49 U.S.C. 114; 49 U.S.C. 5103; 49 U.S.C. 40113; 49
U.S.C. 44901 to 44905; 49 U.S.C. 4491 to 44914; 49 U.S.C. 44916 to
44917; 49 U.S.C. 44932; 49 U.S.C. 449354 to 44936; 49 U.S.C. 46105
CFR Citation: 49 CFR 1548.
Legal Deadline: None.
Abstract: The Transportation Security Administration (TSA) is
reducing the frequency of renewal applications for indirect air
carriers (IACs). Currently, these entities must submit an application
to renew their security program each year. Following a review of TSA's
regulatory requirements seeking to reduce the cost of compliance, TSA
determined that the duration of the security program for these entities
can be increased from 1 year to 3 years without having a negative
impact on transportation security. This change will align the security
program renewal requirement with the renewal cycle for Certified Cargo
Screening Facilities under 49 CFR part 1549. This rulemaking is in
response to a request from the industry subject to these requirements.
Statement of Need: Consistent with Executive Order 12866 and
Executive Order 13563, TSA identified portions of air cargo regulations
that may be tailored to impose a lesser burden on society and that may
improve government processes. Under 49 CFR part 1548 indirect air
carriers are required to renew their security programs each year. TSA's
robust inspection and compliance requirements make the annual renewal
requirement unnecessary.
Anticipated Cost and Benefits: This rule would reduce the frequency
of IAC security program certifications from annually to once every
three years. This rule does not impose any incremental costs because
regulated entities are already performing all actions required to
obtain the certification in question. The expected outcome will have a
minimal cost impact with positive net benefit due to time saved with a
lower frequency in the renewal cycle.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 09/16/09 74 FR 47705
Final Rule Effective................ 09/16/09
NPRM................................ 12/27/22 87 FR 79264
NPRM Comment Period End............. 02/27/23
Final Rule.......................... 03/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
URL For More Information: https://www.regulations.gov.
URL For Public Comments: https://www.regulations.gov.
Agency Contact: Angel Rodriguez, Acting Section Chief, Department
of Homeland Security, Transportation Security Administration, 6595
Springfield Center Drive, Springfield, VA 20598-6028, Phone: 571 227-
2108, Email: [email protected].
James Ruger, Chief Economist, Economic Analysis Branch-Coordination
& Analysis Division, Department of Homeland Security, Transportation
Security Administration, Policy, Plans, and Engagement, 6595
Springfield Center Drive, Springfield, VA 20598-6028, Phone: 571 227-
5519, Email: [email protected].
David Ross, Attorney-Advisor, Regulations and Security Standards,
Department of Homeland Security, Transportation Security
Administration, Chief Counsel's Office, 6595 Springfield Center Drive,
Springfield, VA 20598-6002, Phone: 571 227-2465, Email:
[email protected].
Related RIN: Related to 1652-AA23
RIN: 1652-AA72
DHS--TSA
101. Minimum Standards for Driver's Licenses and
Identification Cards Acceptable by Federal Agencies for Official
Purposes; Waiver for Mobile Driver's Licenses [1652-AA76]
Priority: Other Significant. Major under 5 U.S.C. 801.
Legal Authority: 49 U.S.C. 30301 note; 6 U.S.C. 111; 6 U.S.C. 112
CFR Citation: 6 CFR 37.
Legal Deadline: None.
Abstract: This proposal is the first rulemaking in a multi-phased
project to enable Federal agencies, at their discretion, to continue
accepting mobile driver's licenses and mobile identification cards
(collectively referred to as mDLs), while the Transportation Security
Administration (TSA) develops comprehensive regulatory requirements for
REAL ID-compliant mDLs. This rule is proposing to add new mDL
definitions to 6 CFR part 37 (REAL ID regulations), and to establish a
process that states must follow to apply for a mDL waiver from the REAL
ID regulations. This initial rulemaking would also enable federal
agencies to accept State mDLs for official purposes from States who are
issued such a waiver.
After multiple industry technical standards are finalized and
published, TSA would repeal the waiver provisions and issue regulations
setting the minimum technical requirements and security standards for
mDLs to enable Federal agencies to accept mDLs for official purposes.
The Department of Homeland Security (DHS) solicited public
participation in the development of requirements in this rulemaking
through a request for information published in April 2021, including
two extensions of the comment period. As part of this public
engagement, DHS also held a virtual public meeting on June 30, 2021, to
discuss the purposes of the rulemaking and provide an additional forum
of comments by stakeholders and other interested persons.
Effective May 22, 2023, authority to administer the REAL ID program
was delegated from the Secretary of Homeland Security to the
Administrator of TSA pursuant to DHS Delegation No. 7060.02.1.
Statement of Need: This rulemaking is necessary to implement
authority under the REAL ID Modernization Act, which clarified that
REAL ID requirements apply to mDLs issued in accordance with
regulations prescribed by the Secretary. The rule would enable
continued mDL acceptance when REAL ID enforcement begins in 2025.
Anticipated Cost and Benefits: TSA anticipates that States, TSA,
and some Federal agencies will incur costs associated with using mDLs.
States incur costs to submit waiver applications, TSA incurs costs to
administer the waiver program, and Federal agencies that choose to
accept mDLs for official purposes incur costs to implement mDL
acceptance. TSA anticipates benefits for all stakeholders, including
increased convenience, security, privacy, and health benefits from
contact-free identity verification.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/30/23 88 FR 60056
NPRM Comment Period End............. 10/16/23
Final Rule.......................... 05/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal, State.
URL For More Information: https://www.regulations.gov.
URL For Public Comments: https://www.regulations.gov.
Agency Contact: George Petersen, Senior Program Manager, REAL ID
Program, Department of Homeland Security, Transportation Security
Administration, Enrollment Services &
[[Page 9393]]
Vetting Programs, 6595 Springfield Center Drive, Springfield, VA 20598-
6010, Phone: 571 227-2215, Email: [email protected].
Related RIN: Previously reported as 1601-AB06, Related to 1601-
AA37, Related to 1601-AB01, Related to 1601-AB03
RIN: 1652-AA76
DHS--U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (USICE)
Proposed Rule Stage
102. Clarifying and Revising Custody Determination and Detention
Classification Procedures [1653-AA92]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: 8 U.S.C. 1103; 6 U.S.C. 251; 6 U.S.C. 111; 8
U.S.C. 1226
CFR Citation: 8 CFR 236.1.
Legal Deadline: None.
Abstract: The Department of Homeland Security (DHS), U.S.
Immigration and Customs Enforcement (ICE) and the Department of Justice
(DOJ) Executive Office for Immigration Review (EOIR) (collectively, the
Departments) are planning to amend the regulations that govern
detention and release determinations for noncitizens subject to the
custody provisions in section 236 of the Immigration and Nationality
Act (Act), 8 U.S.C. 1226(a). The goal of the proposed regulation would
be to clarify the scope and applicability of section 236(a) of the Act,
8 U.S.C. 1226(a), and the procedures that apply under that section,
including the burden and standard of proof for continued detention at
initial custody determinations and any custody redetermination
hearings, and related issues. This rulemaking is consistent with
Executive Order 14058, which directs agencies to take actions that
improve service delivery and customer experience by decreasing
administrative burdens, enhancing transparency, and improving the
efficiency and effectiveness of government.
Statement of Need: The proposed rule is needed to bring clarity and
uniformity to the procedures governing ICE initial custody decisions
and IJ bond hearings for noncitizens subject to discretionary detention
under INA 236(a). This rule will also revise the procedures for
determining whether a noncitizen is properly subject to INA 236(c)
detention. Additionally, this rule will clarify the detention authority
that applies during the petition for review process for certain
noncitizens seeking judicial review of their removal orders. Lastly,
the proposed rule will make organizational changes to the structure of
the EOIR regulations governing custody redetermination hearings and
address outdated provisions in the Departments' custody and bond
regulations. The Departments believe this rulemaking will help address
issues that frequently arise in litigation brought by noncitizens
challenging the Departments' existing custody and bond hearing
procedures and it may also help to resolve differing interpretations
among Federal circuit courts.
Anticipated Cost and Benefits: DOJ and DHS are currently
considering the specific cost and benefit impacts of the proposed
provisions.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Undetermined.
Federalism: Undetermined.
Agency Contact: Sharon Hageman, Deputy Assistant Director,
Department of Homeland Security, U.S. Immigration and Customs
Enforcement, 500 12th Street SW, Mail Stop 5006, Washington, DC 20536,
Phone: 202 732-6960, Email: [email protected].
Related RIN: Related to 1125-AB27
RIN: 1653-AA92
DHS--FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
Proposed Rule Stage
103. National Flood Insurance Program: Standard Flood Insurance Policy,
Homeowner Flood Form [1660-AB06]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 4001 et seq.
CFR Citation: 44 CFR 61.
Legal Deadline: None.
Abstract: The National Flood Insurance Program (NFIP), established
pursuant to the National Flood Insurance Act of 1968, is a voluntary
program in which participating communities adopt and enforce a set of
minimum floodplain management requirements to reduce future flood
damages. Property owners in participating communities are eligible to
purchase NFIP flood insurance. This proposed rule would revise the
Standard Flood Insurance Policy by adding a new Homeowner Flood Form
and five accompanying endorsements. The new Homeowner Flood Form would
replace the Dwelling Form as a source of coverage for homeowners of
one-to-four family residences. Together, the new Form and endorsements
would more closely align with property and casualty homeowners
insurance and provide increased options and coverage in a more user-
friendly and comprehensible format.
Statement of Need: The National Flood Insurance Act requires FEMA
to provide by regulation the general terms and conditions of
insurability applicable to properties eligible for flood insurance
coverage. 42 U.S.C. 4013(a). To comply with this requirement, FEMA
adopts the Standard Flood Insurance Policy (SFIP) in regulation, which
sets out the terms and conditions of insurance. See 44 CFR part 61,
Appendix A. FEMA must use the SFIP for all flood insurance policies
sold through the NFIP. See 44 CFR 61.13.
The SFIP is a single-peril (flood) policy that pays for direct
physical damage to insured property. There are currently three forms of
the SFIP: the Dwelling Form, the General Property Form, and the
Residential Condominium Building Association Policy (RCBAP) Form. The
Dwelling Form insures a one-to-four family residential building or a
single-family dwelling unit in a condominium building. See 44 CFR part
61, Appendix A(1). Policies under the Dwelling Form offer coverage for
building property, up to $250,000, and personal property up to
$100,000. The General Property Form ensures a five-or-more family
residential building or a non-residential building. See 44 CFR part 61,
Appendix A(2). The General Property Form offers coverage for building
and contents up to $500,000 each. The RCBAP Form insures residential
condominium association buildings and offers building coverage up to
$250,000 multiplied by the number of units and contents coverage up to
$100,000 per building. See 44 CFR part 61, appendix A(3). RCBAP
contents coverage insures property owned by the insured condominium
association. Individual unit owners must purchase their own Dwelling
Form policy in order to insure their own contents.
FEMA last substantively revised the SFIP in 2000. See 65 FR 60758
(Oct. 12, 2000). In 2020, FEMA published a final rule that made non-
substantive clarifying and plain language improvements to the SFIP. See
85 FR 43946 (July 20, 2020). However, many policyholders, agents, and
adjusters continue to find the SFIP difficult to
[[Page 9394]]
read and interpret compared to other, more modern, property and
casualty insurance products found in the private market. Accordingly,
FEMA proposes to adopt a new Homeowner Flood Form.
The new Homeowner Flood Form, which FEMA proposes to add to its
regulations at 44 CFR 61 appendix A(4), would protect property owners
in a one-to-four family residence. Upon adoption, the Homeowner Flood
Form would replace the Dwelling Form as a source of coverage for this
class of residential properties. FEMA would continue to use the
Dwelling Form to insure landlords, renters, and owners of mobile homes,
travel trailers, and condominium units. Compared to the current
Dwelling Form, the new Homeowner Flood Form would clarify coverage and
more clearly highlight conditions, limitations, and exclusions in
coverage as well as add and modify coverages and coverage options. FEMA
also proposes adding to its regulations five endorsements to accompany
the new Form: Increased Cost of Compliance Coverage, Actual Cash Value
Loss Settlement, Temporary Housing Expense, Basement Coverage, and
Builder's Risk. These endorsements, which FEMA proposes to codify at 44
CFR 61 appendices A(101)- (105), respectively, would give policyholders
the option of amending the Homeowner Flood Form to modify coverage with
a commensurate adjustment to premiums charged. Together, the Homeowner
Flood Form and accompanying endorsements would increase options and
coverage for owners of one-to-four family residences.
FEMA intends that this new Form will be more user-friendly and
comprehensible. As a result, the new Homeowner Flood Form and its
accompanying endorsements would provide a more personalized,
customizable product than the NFIP has offered during its 50 years. In
addition to aligning with property and casualty homeowners' insurance,
the result would increase consumer choice and simplify coverage.
Anticipated Cost and Benefits: FEMA estimates that this rulemaking
would result in an increase in transfer payments from policyholders to
FEMA and insurance providers in the form of flood insurance premiums,
and from FEMA to policyholders in the form of claims payments.
Additionally, this rulemaking would result in benefits to
policyholders, insurance providers, and FEMA, mostly through cost
savings due to increased clarity and fulfillment of customer
expectations through expanded coverage options. It would also help the
NFIP better signal risk through premiums, reduce the need for Federal
assistance, and increase resilience by enhancing mitigation efforts.
Lastly, FEMA, States, and insurance providers will incur costs for
implementation and familiarization of the rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal.
Agency Contact: Christine Merk, Lead Management and Program
Analyst, Department of Homeland Security, Federal Emergency Management
Agency, Insurance Analytics and Policy Branch, 400 C Street SW,
Washington, DC 20472, Phone: 202 735-6324, Email:
[email protected].
RIN: 1660-AB06
DHS--FEMA
104. Update of FEMA'S Public Assistance Regulations [1660-AB09]
Priority: Other Significant.
Legal Authority: 42 U.S.C. 5121 to 5207
CFR Citation: 44 CFR 206.
Legal Deadline: None.
Abstract: The Federal Emergency Management Agency (FEMA) proposes
to revise its Public Assistance (PA) program regulations to reflect
current statutory authorities and implement program improvements. The
proposed rule would incorporate changes brought about by amendments to
the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
FEMA is also proposing clarifications and corrections to improve the
efficiency and consistency of the Public Assistance program.
Statement of Need: The Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act), Pub. L. 100-707, 102 Stat.
4689, authorizes the President to provide Federal assistance when the
severity and magnitude of an incident or threatened incident, exceeds
the affected State, local, Indian Tribal, and Territorial government's
(SLTT's) capabilities to effectively respond or recover. 42 U.S.C. 5170
and 5191. If the President declares an emergency or major disaster
authorizing the Public Assistance program, FEMA may award Public
Assistance grants to assist SLTTs and certain private nonprofit (PNP)
organizations so communities can quickly respond to and recover from
the major disaster or emergency.
FEMA proposes to amend its Public Assistance and Community Disaster
Loan program regulations to incorporate statutory changes that have
amended sections of the Stafford Act relating to Public Assistance and
Community Disaster Loans and to improve program administration. These
include the Post-Katrina Emergency Management Reform Act of 2006
(PKEMRA), Public Law 109-295, 120 Stat. 1394, the Security and
Accountability for Every Port Act of 2006 (SAFE Port Act), Public Law
109-347, 120 Stat. 1884, the Pets Evacuation and Transportation
Standards Act of 2006 (PETS Act), Public Law 109-308, 120 Stat. 1725,
the Sandy Recovery Improvement Act of 2013 (SRIA), Public Law 113-2,
127 Stat. 39, the Emergency Information Improvement Act of 2015, Public
Law 114-111, 129 Stat. 2240, the Bipartisan Budget Act of 2018, Public
Law 115-123, 132 Stat. 64, and the FAA Reauthorization Act of 2018,
Division D, Disaster Recovery Reform Act of 2018 (DRRA), Public Law
115-254, 132 Stat. 3438. FEMA also proposes to implement program
improvements and make clarifications and corrections to existing
regulations.
Anticipated Cost and Benefits: FEMA estimates that this rulemaking
would result in benefits to SLTTs and FEMA from improving clarity and
aligning FEMA regulations with statutory changes and current practices.
Such increased clarity and understanding would improve the efficiency
and the consistency of FEMA's PA programs. Additionally, proposed
improvements to State/Tribal administrative plans would better position
SLTTs to respond to and to recover from emergencies and disasters.
Lastly, FEMA estimates increases in costs for SLTTs due to additional
paperwork burden and familiarization of the rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal, Local, State, Tribal.
Additional Information: Docket ID FEMA-2023-0005.
Agency Contact: Tod Wells, Deputy Director, Public Assistance
Division Recovery Directorate, Department of Homeland Security, Federal
Emergency Management Agency, 500 C Street SW, Washington, DC 20472-
3100, Phone: 202 646-3834, Email: [email protected].
RIN: 1660-AB09
[[Page 9395]]
DHS--FEMA
105. Updates to Floodplain Management and Protection of Wetlands
Regulations To Implement the Federal Flood Risk Management Standard
[1660-AB12]
Priority: Other Significant.
Legal Authority: 6 U.S.C. 101 et seq.; 42 U.S.C. 4001 et seq.; 42
U.S.C. 4321 et seq.; E.O. 11988 of May 24, 1977, 42 FR 26951, 3 CFR,
1977 Comp., p. 117; E.O. 11990 of May 24, 1977, 42 FR 26961, 3 CFR,
1977 Comp., p. 121; E.O. 13690, 80 FR 6425; E.O. 14030, 86 FR 27967
CFR Citation: 44 CFR 9.
Legal Deadline: None.
Abstract: Consistent with President Biden's Executive Order on
Climate Related Financial Risk (E.O. 14030), the Federal Emergency
Management Agency (FEMA) proposes to amend its regulations at 44 CFR
part 9, ``Floodplain Management and Protection of Wetlands,'' to
incorporate amendments to Executive Order 11988 and the Federal Flood
Risk Management Standard (FFRMS). The FFRMS is a flexible framework
allowing agencies to choose among three approaches to define the
floodplain and corresponding flood elevation requirements for federally
funded projects. 44 CFR part 9 describes FEMA's process under Executive
Order 11988 for determining whether the proposed location for an action
falls within a floodplain and how to complete the action in the
floodplain, in light of the risk of flooding. The proposed rule would
change how FEMA defines a floodplain with respect to certain actions.
Additionally, under the proposed rule, FEMA would use natural systems,
ecosystem process, and nature-based approaches, where practicable, when
developing alternatives to locating the proposed action in the
floodplain.
FEMA has engaged the public extensively on these matters. On
February 5, 2015, FEMA acting on behalf of the Mitigation Framework
Leadership Group, posted a Federal Register notice seeking comments on
a draft of the Revised Guidelines for Implementing Executive Order
11988, Floodplain Management. The 60-day comment period was extended an
additional 30 days. During the public comment period for the Revised
Guidelines, FEMA sent advisories to representatives from Governors'
offices nationwide inviting comments on the draft Revised Guidelines.
Over 25 meetings were held across the country with State, local, and
Tribal officials and interested stakeholders to discuss the draft
Revised Guidelines as well as 9 public listening sessions across the
country attended by over 700 participants to facilitate feedback. All
relevant comments received in response to these efforts have been
posted to the public rulemaking docket on the Federal eRulemaking
portal at https://www.regulations.gov/document/FEMA-2015-0006-0001/comment. Comments from meetings and listening sessions can be found at
https://www.regulations.gov/docket/FEMA-2015-0006/document.
Additionally, FEMA published a Notice of Proposed Rulemaking (NPRM) in
2016 seeking public comment on FEMA's proposed implementation of the
Revised Guidelines. All relevant comments received in response to the
2016 NPRM have been posted to the public rulemaking docket on the
Federal eRulemaking portal at https://www.regulations.gov/document/FEMA-2015-0006-0373/comment.
Statement of Need: The United States is experiencing increased
flooding and flood risk from changing conditions. FEMA has not made
significant updates to its regulations governing floodplain management
to reflect the challenges faced because of increased flooding and
changing conditions since initial publication in 1980. As a result,
FEMA is now proposing to amend 44 CFR part 9, ``Floodplain Management
and Protection of Wetlands,'' to implement the FFRMS and update the
agency's 8-step process. The FFRMS is a flood resilience standard that
is required for federally funded projects and provides a flexible
framework to increase resilience against flooding and help preserve the
natural values of floodplains and wetlands. A floodplain is any land
area that is subject to flooding and refers to geographic features with
undefined boundaries. 44 CFR part 9 describes the 8-step process FEMA
uses to determine whether a proposed action would be located within or
affect a floodplain, and if so, whether and how to continue with or
modify the proposed action. Executive Order 11988, as amended, and the
FFRMS changed the Executive Branch-wide guidance for defining the
floodplain with respect to federally funded projects (i.e., actions
involving the use of Federal funds for new construction, substantial
improvement, or to address substantial damage to a structure or
facility). This proposed rule would ensure that actions subject to the
FFRMS are designed to be resilient to both current and future flood
risks to minimize the impact of floods on human health, safety, and
welfare and to protect Federal investments by reducing the risk of
flood loss.
Anticipated Cost and Benefits: FEMA estimates that this rulemaking
would result in benefits to grant recipients (States, Local, Tribes,
Territories, and Individuals) and to FEMA, mostly through the reduction
in damage to properties and contents from future floods, potential
lives saved, public health and safety benefits, reduced recovery time
from floods, and increased community resilience to flooding. FEMA
estimates project cost increases for FEMA and grant recipients due to
increased elevation or floodproofing requirements of the proposed rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Proposed Policy: Request for 10/02/23 88 FR 67697
Comments.
Proposed Policy: Comment Period End. 12/01/23
NPRM................................ 10/02/23 88 FR 67869
NPRM Comment Period End............. 12/01/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Governmental Jurisdictions, Organizations.
Government Levels Affected: Federal, Local, State, Tribal.
Additional Information: Docket ID FEMA-2023-0026.
URL For More Information: https://www.regulations.gov.
URL For Public Comments: https://www.regulations.gov.
Agency Contact: Portia Ross, Office of Environmental and Historic
Preservation, Department of Homeland Security, Federal Emergency
Management Agency, 400 C Street SW, Washington, DC 20472, Phone: 202
709-0677, Email: [email protected].
RIN: 1660-AB12
DHS--FEMA
Final Rule Stage
106. Individual Assistance Program Equity [1660-AB07]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 5155; 42 U.S.C. 5174; 42 U.S.C. 5189a
CFR Citation: 44 CFR 206.101; 44 CFR 206.110 to 206.115; 44 CFR
206.117 to 206.119; 44 CFR 206.191.
Legal Deadline: None.
Abstract: The Federal Emergency Management Agency (FEMA) will
publish an interim final rule (IFR) amending its regulations governing
the Individual Assistance program to
[[Page 9396]]
increase equity by simplifying processes, removing barriers to entry,
and increasing eligibility for certain types of assistance under the
program. Specifically, the IFR will: Increase eligibility for home
repair assistance by amending the definitions and application of the
terms safe, sanitary, and functional, allowing assistance for certain
accessibility-related items, and amending its approach to evaluating
insurance proceeds; allow for the re-opening of the applicant
registration period when the President adds new counties to the major
disaster declaration; simplify the documentation requirements for
continued temporary housing assistance; simplify the appeals process;
simplify the process to request approval for a late registration;
remove the requirement to apply for a Small Business Administration
loan as a condition of eligibility for Other Needs Assistance (ONA);
and establish additional assistance under ONA for serious needs,
displacement, disaster- damaged computing devices, and essential tools
for self-employed individuals. FEMA also makes revisions to reflect
changes to statutory authority that have not yet been implemented in
regulation, to include provisions for utility and security deposit
payments, lease and repair of multi-family rental housing, child care
assistance, maximum assistance limits, and waiver authority.
FEMA sought input on regulatory changes to the Individuals and
Households Program (IHP) through a Request for Information (RFI),
published on April 22, 2021, seeking public input on its programs,
regulations, collections of information, and policies to ensure they
effectively achieve FEMA's mission in a manner that furthers the goals
of advancing equity for all, including those in underserved
communities; bolstering resilience from the impacts of climate change,
particularly for those disproportionately impacted by climate change;
and environmental justice. 86 FR 21325, Apr. 22, 2021.
FEMA held public meetings and extended the comment period on the
RFI to ensure all interested parties had sufficient opportunity to
provide comments. See ``Request for Information on FEMA Programs,
Regulations, and Policies; Public Meetings; Extension of Comment
Period,'' 86 FR 30326, June 7, 2021. All relevant comments received in
response to the RFI, including those received during the public
meetings, have been posted to the public rulemaking docket on the
Federal eRulemaking portal at https://www.regulations.gov/document/FEMA-2021-0011-0001/comment. Commenters raised equitable concerns that
FEMA will address in this IFR, such as by removing the requirement to
apply for the SBA for a loan before receipt of ONA, amending FEMA's
habitability standards, increasing assistance for essential tools,
simplifying its appeal process, and removing documentation requirements
for late registrations. FEMA will seek public comment on this IFR and
will carefully consider each comment received to determine whether
further changes to FEMA's IHP regulations are needed.
Statement of Need: FEMA's IHP regulations have not had a major
review and update since section 206 of the Disaster Mitigation Act of
2000 replaced the Individual and Family Grant Assistance Program with
the current IHP. Some minor changes to Repair Assistance were completed
in 2013, but Congress has passed multiple other laws that have
superseded portions of the regulations and created other programs or
forms of assistance with no supporting regulations. This IFR will
update the IHP regulations now to bring them up to date and address
other lessons learned through the course of implementing the IHP in
disasters much larger than any previously addressed at the time the
regulations were first developed.
Anticipated Cost and Benefits: FEMA estimates that this rulemaking
would result in an increase in transfer payments from FEMA and States
in the form of disaster assistance to individuals and households. It
would also result in additional costs to States for familiarization of
the rule and to FEMA and applicants for paperwork burden. The rule
would ensure disaster assistance is more equitably distributed and
assist applicants to more quickly and fully recover from disasters by
expanding eligibility for, and access to, certain types of assistance.
Lastly, the rulemaking would improve clarity and align FEMA regulations
with statutory changes improving the efficiency and the consistency of
IHP assistance.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 12/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal, Local, State.
Additional Information: Docket ID FEMA-2023-0003.
Agency Contact: Kristina McAlister, Supervisory Emergency
Management Specialist (Recovery), Department of Homeland Security,
Federal Emergency Management Agency, Individual Assistance Division
Recovery Directorate, 500 C Street SW, Washington, DC 20472, Phone: 866
826-8751, Email: [email protected].
RIN: 1660-AB07
DHS--FEMA
Long-Term Actions
107. National Flood Insurance Program's Floodplain Management Standards
for Land Management & Use, & an Assessment of the Program's Impact on
Threatened and Endangered Species & Their Habitats [1660-AB11]
Priority: Other Significant.
Legal Authority: 42 U.S.C. 4001 et seq.
CFR Citation: 44 CFR 59 to 60.
Legal Deadline: None.
Abstract: The Federal Emergency Management Agency (FEMA) issued a
Request for Information (RFI) to receive the public's input on
revisions to the National Flood Insurance Program's (NFIP) floodplain
management standards for land management and use regulations. FEMA's
authority under the National Flood Insurance Act requires the agency
to, from time to time, develop comprehensive criteria designed to
encourage the adoption of adequate State and local measures. The agency
will propose regulations to better align the NFIP minimum floodplain
management standards with our current understanding of flood risk,
flood insurance premium rates, and risk reduction approaches to make
communities safer, stronger, and more resilient to increased flooding.
As part of the proposed regulations, FEMA is considering revisions to
the NFIP minimum floodplain management standards to better protect
people and property in a nuanced manner that balances community needs
with the national scope of the NFIP. FEMA will also propose
opportunities to make these minimum floodplain management standards
improve resilience in communities that have been historically
underserved. The proposed revisions to the NFIP minimum floodplain
management standards will also consider how to advance the conservation
of threatened and endangered species and their habitat. The agency is
also reviewing ways to further promote enhanced resilience efforts
through the Community Rating System.
During the RFI comment period, FEMA held three public meetings and
extended the comment period on the RFI to ensure all interested parties
had
[[Page 9397]]
sufficient opportunity to provide comments. All relevant comments
received in response to the RFI have been posted to the public
rulemaking docket on the Federal eRulemaking portal at https://www.regulations.gov/docket/FEMA-2021-0024/comments and transcripts from
the public meetings have also been posted at https://www.regulations.gov/docket/FEMA-2021-0024/document. In April 2023, FEMA
requested recommendations from the Technical Mapping Advisory Council
(TMAC) on modifying the definition of the Special Flood Hazard Area or
modifying how it is calculated. In addition, FEMA requested a
recommendation from TMAC on how FEMA might consider changing mapping
procedures related to when land is filled. These recommendations will
assist FEMA in exploring the feasibility of public comments received
from the 2021 RFI.
Statement of Need: FEMA issued an RFI to seek information from the
public on the agency's current floodplain management standards to
ensure the agency receives public input to inform any action to revise
the NFIP minimum floodplain management standards.
FEMA is re-evaluating the implementation of the NFIP under the
Endangered Species Act at the national level. FEMA will propose
regulations based on the comments received on this RFI to better align
the NFIP minimum floodplain management standards with our current
understanding of flood risk, flood insurance premium rates, and risk
reduction approaches to make communities safer, stronger, and more
resilient to increased flooding.
Anticipated Cost and Benefits: FEMA is currently considering the
cost and benefit impacts of potential proposed actions.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information............. 10/12/21 86 FR 56713
Announcement of Public Meetings..... 10/28/21 86 FR 59745
Announcement of Additional Public 11/22/21 86 FR 66329
Meeting; Extension of Comment
Period.
Request for Information Comment 01/27/22
Period End.
-----------------------------------
NPRM................................ To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Additional Information: Docket ID FEMA-2021-0024.
URL For More Information: https://www.regulations.gov.
URL For Public Comments: https://www.regulations.gov.
Agency Contact: Rachel Sears, Resilience, Department of Homeland
Security, Federal Emergency Management Agency, 400 C Street SW,
Washington, DC 20472, Phone: 202 646-2977, Email: [email protected].
RIN: 1660-AB11
BILLING CODE 9110-9B-P
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Statement of Regulatory Priorities for Fiscal Year 2024
Introduction
The Regulatory Plan for the Department of Housing and Urban
Development (HUD) for Fiscal Year (FY) 2024 highlights two significant
regulations and policy initiatives that HUD seeks to complete during
the upcoming fiscal year. As the Federal agency that serves as the
nation's housing agency, HUD is committed to ensuring everyone has an
affordable, healthy place to live. As a result, HUD plays a significant
role in the lives of families and in communities throughout America.
HUD is currently working to meet the goals of its Strategic Plan
to: support underserved communities, ensure access to and increase the
production of affordable housing, promote homeownership, advance
sustainable communities, and strengthen HUD's internal capacity. Under
the leadership of Secretary Marcia L. Fudge, HUD is dedicated to
implementing the Administration's priorities by setting forth
initiatives related to increasing equity and improving customer
experience across all HUD programs.
The rules highlighted in HUD's regulatory plan for FY 2023 reflect
HUD's efforts to continue its work in building strong and sustainable
communities and addressing the housing needs of all Americans.
Additionally, HUD notes that the FY 2023 Semiannual Regulatory Agenda
includes additional rules that advance the Administration's priorities,
including rules to advance racial equity and civil rights and rules to
provide economic relief to homeowners and renters.
HOME Investment Partnerships Program: Program Updates and Streamlining
HUD's HOME Investment Partnerships Program (HOME) provides formula
grants to States and units of general local government to fund a wide
range of activities to produce and maintain affordable rental and
homeownership housing and provides tenant-based rental assistance for
low-income and very low-income households.
This rule proposes to revise the current HOME regulations at 24 CFR
part 92 to update, simplify, and streamline requirements, better align
the program with other Federal housing programs, and implement recent
amendments to the HOME statute. Specifically, the proposed changes to
the HOME program include significant revisions to the community housing
development organization requirements, a change in the approach to HOME
rents, simplified requirements for small-scale rental projects,
enhanced flexibility in tenant-based rental assistance (TBRA) programs,
and simplified provisions and new flexibilities for community land
trusts. The proposed rule would also strengthen and expand tenant
protections, and create incentives for meeting green building standards
in new construction, reconstruction, and rehabilitation of housing.
Aggregate Costs and Benefits
Executive Order 12866, as amended, requires the agency to provide
its best estimate of the combined aggregate costs and benefits of all
regulations included in the agency's Regulatory Plan that will be
pursued in fiscal year 2024. HUD expects that neither the total
economic costs nor the total efficiency gains will exceed $200 million
for this proposed rulemaking. In fact, the direct economic impact of
this rule would be almost entirely within the HOME program. In other
words, the proposed changes would affect what participating
jurisdictions do with the HOME funds they receive from HUD and how
projects that accept this funding source can operate. Many of the
policy adjustments proposed would only have a practical impact if
participating jurisdictions choose to participate in HOME-funded
activities that are affected by the updated policies.
Statement of Need
The HOME program is authorized by title II of the Cranston-Gonzalez
National Affordable Housing Act (``NAHA'') (42 U.S.C. 12721 et seq).
[[Page 9398]]
Title II of NAHA has not been significantly revised since the HOME
program was last reauthorized by Congress in 1992. The constraints of
the prescriptive statutory authority of title II of NAHA limit the
scope of changes that the Department can propose to the HOME program
regulations. Working within these limitations, the Department conducted
a comprehensive review of title II of NAHA and current HOME program
regulations to determine whether previously unrecognized opportunities
might exist to revise current regulatory provisions. In creating the
proposed rule, the Department focused on its commitment to equity and
wealth-building and considered input from stakeholders on the most
challenging aspects of administering and using HOME funds to provide
affordable housing. This proposed rule is necessary to reduce the
burden and increase flexibility for participating jurisdictions and
other program participants, while adhering to statutory intent and
requiring responsible management of State and local HOME programs.
This proposed rule also incorporates changes made by the Housing
Opportunity Through Modernization Act of 2016 (HOTMA) and recent
amendments to the HOME statute.
Alternatives: An alternative to promulgating this rule would be to
maintain HUD's existing regulations governing the HOME program.
However, doing so would mean failing to fully benefit from the
advantages of streamlining, updating, and simplifying our regulations.
It would also mean that HUD would fail to adjust its HOME regulations
to be fully consistent with HOTMA and recent amendments to the HOME
statute.
Risks: This proposed rule would impose tenant protections that may
not be currently applicable to other affordable housing funding sources
(e.g., the Low-Income Housing Tax Credit program). This could result in
some project owners and developers becoming hesitant to include HOME
funds in the capital funding stack of affordable housing projects.
Additionally, this proposed rule would make updates throughout the HOME
regulation, including significant updates to a number of sections
within the regulation. This could lead to a partially challenging
transitional period for participating jurisdictions and other
stakeholders as they learn and implement the new regulations into their
policies and procedures.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM............................... 12/00/2023
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: Local, State.
Federalism Affected: No.
Energy Affected: No.
International Impacts: No.
Section 184 Indian Home Loan Guarantee Program
Section 184 of the Housing and Community Development Act of 1992
(Pub. L. 102-550, approved October 28, 1992) (12 U.S.C. 1715z-13a), as
amended, authorizes the Section 184 Indian Home Loan Guarantee Program
(Section 184 Program) to improve access to private financing for Native
American families, Tribes, and Tribally Designated Housing Entities
(TDHEs) by providing a loan guarantee to financial organizations who
lend to them.
This rule would modernize and enhance the regulations governing the
Section 184 Program. Through the Section 184 Program, HUD guarantees
home mortgage loans made to Native American borrowers in certain areas.
The Section 184 Program facilitates homeownership and improves access
to capital in Native American communities.
Since its inception in 1994, the number of loans guaranteed under
the Section 184 Program has increased significantly but its regulations
have never been substantially revised.
In 2015, the HUD Office of Inspector General (OIG), audited the
Section 184 Program and recommended that HUD develop and implement
policies and procedures for monitoring and evaluating the Section 184
Program, standardize monthly delinquency reports, deny payments to
lenders for claims on loans that have material underwriting
deficiencies, take enforcement actions against certain lenders, and
ensure that only underwriters that are approved by HUD are underwriting
Section 184 loans. This rule is part of the improvements to the Section
184 Program that HUD is pursuing to address the findings in the audit.
In developing this rule, HUD engaged in robust consultation with
Tribes consistent with HUD's Tribal Consultation policy. As early as
2018, prior to drafting the proposed rule, HUD held eleven in-person
Tribal consultation sessions to outline HUD's vision for the rule and
obtain feedback from the tribes. As HUD completed drafts of various
subparts of the regulation, HUD shared these drafts with Tribes and
held three additional in-person consultations to solicit Tribal
feedback on each subpart of the proposed rule. During this time, HUD
also held two in-person Tribal consultations and two national
teleconferences to review the draft proposed rule. In addition to the
Tribal consultation sessions held prior and during the drafting of the
proposed rule, HUD conducted ten additional consultations during the
proposed rule public comment period. HUD held six regional consultation
sessions and four national consultation sessions between December 2022
and March 2023. During these consultation sessions, HUD continued to
solicit input and answered questions participants had about the
proposed rule.
The regulations proposed in this rule, drafted in consideration of
the public comments and tribal consultations, would strengthen and
comprehensively modernize the operation of the Section 184 Program.
Specifically, this rule would make the Section 184 Program sustainable,
protect Borrowers, address weaknesses identified by OIG, provide
clarity for new and existing Direct Guarantee and Non-Direct Guarantee
Lenders, and reduce unreasonable claim payment requests from Servicers
Many of the procedures and policy proposed by the proposed rule adopt
industry standards and best practices and do not differ from existing
HUD guidance or current practice within the Section 184 Program, which
are often documented in HUD guidance such as ``PIH Notices'' and ``Dear
Lender Letters''.
Aggregate Costs and Benefits
Executive Order 12866, as amended, requires the agency to provide
its best estimate of the combined aggregate costs and benefits of all
regulations included in the agency's Regulatory Plan that will be
pursued in FY 2022. HUD expects that neither the total economic costs
nor the total efficiency gains will exceed $100 million. Expanding
oversight, improving loan origination quality, enhancing loss
mitigation and foreclosure prevention, and implementing new claims
procedures will all help to ensure the fiscal stability of the Section
184 Loan Guarantee Fund. While most of the requirements and policies in
the proposed regulations mirror existing practices within the Program,
some are expected to have a marginal economic impact on mortgagees,
Tribes, and borrowers. These impacts could impose slightly greater
administrative costs on
[[Page 9399]]
participating lenders and shift some risk from the Fund to
participating lenders.
Statement of Need
Since its inception, the number of loans guaranteed under the
Section 184 Program has significantly increased. At the same time, the
program regulations have never been substantially revised. This rule
helps to address housing challenges that Native American households
continue to face, particularly: overcrowding and a lack of affordable
housing in tribal areas; and access to mortgage credit outside of
tribal area.
In 2015, the OIG recommended that HUD develop and implement
policies and procedures for monitoring and evaluating the Section 184
Program, standardize monthly delinquency reports, deny payments to
lenders for claims on loans that have material underwriting
deficiencies, take enforcement actions against certain lenders, and
ensure that only underwriters that are approved by HUD are underwriting
Section 184 loans. This rule provides additional structure to the
Section 184 Program and is part of the OIG's corrective action plan.
Alternatives: An alternative to promulgating this rule would be to
maintain HUD's existing regulations and practices concerning the
Program. However, doing so would ignore the OIG's recommendations and
pose a greater risk to the Section 184 Loan Guarantee Fund and the
Program, as demand for the Program has significantly increased since
its inception.
Risks: This rule could slightly increase the administrative costs
for lenders that participate in the Program and dissuade some lenders
from participating in the Program. However, in the long-term, enhanced
loan origination and loss mitigation and foreclosure prevention options
will help to strengthen the vitality of the Program; thus, making the
Program more attractive for lenders.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM............................... 12/21/2022 87 FR 78324
NPRM Comment Period End............ 3/17/2023
Final Rule......................... 03/00/2024
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: No.
Federalism Affected: No.
Energy Affected: No.
International Impacts: No.
BILLING CODE 4210-67-P
UNITED STATES DEPARTMENT OF THE INTERIOR
Fall 2023 Regulatory Plan
Introduction
The U.S. Department of the Interior (Department) is the principal
steward of our Nation's public lands and resources, including many of
our cultural treasures. The Department serves as trustee to Native
Americans, Alaska Natives, and Federally Recognized Tribes and is
responsible for our ongoing relationships with the Island Territories
under U.S. jurisdiction and the freely associated States. Among the
Department's many responsibilities is managing more than 500 million
surface acres of Federal land, which constitutes approximately 20
percent of the Nation's land area, as well as approximately 700 million
subsurface acres of Federal mineral estate, and more than 2.5 billion
acres of submerged lands on the Outer Continental Shelf (OCS).
In addition, the Department protects and recovers endangered
species; protects natural, historic, and cultural resources; provides
scientific and other information about those resources; and manages
water projects that are an essential lifeline and economic engine for
many communities.
Hundreds of millions of people visit Department-managed lands each
year to take advantage of a wide range of recreational pursuits--
including camping, hiking, hunting, fishing, and various other forms of
outdoor recreation--and to learn about our Nation's history. Each of
these activities supports local communities and their economies. The
Department also provides access to Federal lands and offshore areas for
the development of energy, minerals, and other natural resources that
generate billions of dollars in revenue.
In short, the Department plays a central role in how the United
States stewards its public lands, ensures environmental protections,
pursues environmental justice, honors the nation-to-nation relationship
with Tribes and the special relationships with other Indigenous people
and the insular areas.
Regulatory and Deregulatory Priorities
To help advance the Secretary of the Interior's (Secretary)
commitment to honoring the Nation's trust responsibilities and to
conserve and manage the Nation's natural resources and cultural
heritage, the Department's regulatory and deregulatory priorities in
the coming year will focus on:
Tackling the Climate Crisis, Strengthening Climate
Resiliency, and Facilitating the Transition to Renewable Energy;
Upholding Trust Responsibilities to Federally Recognized
American Indian and Alaska Native Tribes, Restoring Tribal Lands, and
Protecting Natural and Cultural Resources, Advancing Equity and
Supporting Underserved Communities; and
Investing in Healthy Lands, Waters, and Local Economies
and Strengthening Conservation of the Nation's Lands, Waters, and
Wildlife.
Promoting Equitable and Meaningful Participation in the
Regulatory Process
Tackling the Climate Crisis, Strengthening Climate Resiliency, and
Facilitating the Transition to Renewable Energy
The Biden-Harris administration remains committed to combatting
climate change and reducing greenhouse gas emissions while improving
public health, protecting the environment, and ensuring access to clean
air and water. Under this administration, the Department has been a key
leader in tackling the climate crises. Pursuant to Executive Order
(E.O.) 13990 ``Protecting Public Health and the Environment and
Restoring Science to Tackle the Climate Crisis,'' (signed on Jan. 20,
2021) and E.O. 14008, ``Tackling the Climate Crisis at Home and
Abroad,'' (signed January 27, 2021), the Department has advanced
multiple policy and regulatory efforts to reduce climate pollution;
improve and increase adaptation and resilience to the impacts of
drought, wildfire, and extreme weather; address current and historic
environmental injustice; protect public health; and conserve
Department-managed lands and waters.
The historic Infrastructure Investment and Jobs Act of 2021 (BIL)
and the Inflation Reduction Act (IRA), which President Biden signed
respectively on November 15, 2021, and August 16, 2022, will enable
transformational outcomes on these clean energy and resilience
priorities while driving the creation of good-paying union jobs. In
referring to the BIL, Secretary Haaland said, ``The Interior Department
is hard at work to deliver these critical investments from the
President's Investing in America agenda into the hands of American
communities as quick as we can, and we're making tremendous progress.''
[[Page 9400]]
In accordance with E.O.s 13990 and 14008, as well as E.O. 14052,
``Implementation of the Infrastructure Investment and Jobs Act,''
(signed on Nov. 15, 2021), several bureaus within the Department are
pursuing regulatory actions to implement these administration
priorities, including steps toincrease renewable energy production by
improving siting and permitting processes on public lands and in
offshore waters.
The Department is committed to fully facilitating the development
of renewable energy on public lands and waters, as well as supporting
tribal and territorial efforts to develop renewable energy, including
deploying 30 gigawatts (GW) of offshore wind by 2030 and 25GW of
onshore renewable energy by 2025. The Department will meet these
ambitious goals while also ensuring appropriate protection of public
lands, waters, and biodiversity and creating good jobs. As Secretary
Haaland has stated, ``The Department of the Interior continues to make
significant progress in our efforts to spur a clean energy revolution,
strengthen and decarbonize the nation's economy, and help communities
transition to a clean energy future.''
As part of these ongoing efforts, the Bureau of Ocean Energy
Management's (BOEM) most important regulatory initiative is focused on
expanding offshore wind energy's role in strengthening U.S. energy
security and independence, creating jobs, providing benefits to local
communities, and further developing the U.S. economy. The BOEM's
renewable energy program has matured over the past 10 years, a time in
which BOEM has conducted numerous auctions, and issued and managed
multiple commercial leases. Based on this experience, BOEM has
identified multiple opportunities to update its regulations to better
facilitate the development of renewable energy resources and to promote
U.S. energy independence. On January 30, 2023 (88 FR 5968), BOEM
proposed a rule, the ``Renewable Energy Modernization Rule'' (1010-
AE04). As proposed, the rule facilitates development of offshore
renewable energy and promotes U.S. energy independence in a safe and
environmentally sound manner that provides a fair return to U.S.
taxpayers.
Similarly, the Bureau of Land Management (BLM) plans to update its
regulations for onshore rights-of- way, leasing, and operations related
to all activities associated with renewable energy. On June 16, 2023
(88 FR 39726), the BLM proposed the rule, ``Rights-of-way, Leasing, and
Operations for Renewable Energy'' (1004-AE78). This rule aims to
improve permitting activities and processes to facilitate increased
renewable energy production on public lands.
To advance the deployment of clean energy infrastructure while also
meeting obligations to conserve habitats and wildlife, the Department
will improve permitting frameworks for bird conservation. On September
30, 2022 (87 FR 59598), the U.S. Fish and Wildlife Service (FWS)
proposed the ``Eagle Permits; Incidental Take'' rule (1018-BE70) to
revise the regulations authorizing eagle incidental take and eagle nest
take permits to increase the efficiency and effectiveness of
permitting, facilitate and improve compliance, and increase the
conservation benefit for eagles. The FWS plans to finalize this rule in
December 2023.
The FWS will also propose the ``Migratory Bird Permits; Authorizing
the Incidental Take of Migratory Birds'' rule (1018-BF71), to clarify
the MBTA's prohibitions on taking and killing migratory birds and
consider establishing a straightforward process to secure
authorizations for otherwise prohibited take of migratory birds.
The BIL enables the Department to establish important regulations
governing carbon transportation and storage on the OCS. The orderly
implementation of negative emissions technologies, such as carbon
capture, utilization, and storage, is necessary to reduce hard-to-abate
emissions from the industrial sector, which emits nearly 25 percent of
all carbon dioxide released into the atmosphere in the United States.
In accordance with the BIL, the Bureau of Safety and Environmental
Enforcement (BSEE) and BOEM are drafting a joint proposed rule that
would address the transportation and geologic sequestration aspects of
carbon storage development on the OCS, including leasing, geological,
and geophysical exploration for appropriate storage reservoirs;
environmental plans and mitigations; facility and infrastructure design
and installation; injection operations; long-term site stewardship
(i.e., monitoring and response); financial assurance; and safety. BSEE
and BOEM plan to publish this proposed rule in December 2023.
The Department is also committed to modernizing its oversight of
oil and gas leasing and development to help address the climate and
biodiversity crises and to advance environmental justice. In November
2021, the Department released its report on Federal oil and gas leasing
and permitting practices, following a review of onshore and offshore
oil and gas programs called for in E.O. 14008. The report identified
significant reforms needed to ensure the programs provide a fair return
to taxpayers, discourage speculation, hold operators responsible for
remediation, and create a more inclusive and just approach to managing
public lands and waters. The Department's ``Report on the Federal Oil
and Gas Leasing Program'' makes a number of specific recommendations to
restore balance to these programs, including adjusting royalty rates,
pursuing adequate financial assurance for decommissioning liabilities,
and prioritizing leasing in areas with known resource potential while
avoiding conflicts with other uses.
This past year, the Department proposed regulations to implement
important reforms, including the report's recommendations and reforms
included in the IRA regarding oil and gas resources on public lands. On
Nov. 30, 2022 (87 FR 73588), the BLM published the proposed rule
``Waste Prevention, Production Subject to Royalties, and Resource
Conservation 43 CFR parts 3160 and 3170'' (1004-AE79), known as the
Waste Prevention Rule. On July 24, 2023 (88 FR 47562), the BLM
published the proposed rule ``Fluid Mineral Leases and Leasing
Process'' (1004-AE80), known as the Fluid Minerals Rule. The Waste
Prevention Rule would prevent waste of Federal resources with an
additional benefit of reducing methane emissions in the oil and gas
sector. The Fluid Minerals Rule would incorporate many urgent fiscal
and programmatic reforms included in the report and IRA, such as
updating BLM's process for leasing to ensure the protection and proper
stewardship of the public lands, including potential climate and other
impacts associated with oil and gas leasing activities. BLM will
finalize these rules to ensure the responsible development of oil and
gas on public lands. The BLM also plans to finalize a rule (1004-AE95)
to govern the management of surface resources and Special Areas in the
National Petroleum Reserve in Alaska. On September 8, 2023, the BLM
published the proposed rule ``Management and Protection of the National
Petroleum Reserve in Alaska'' (88 FR 62025), which would improve upon
the existing regulations' procedures to balance oil and gas activities
with the protection of surface resources in the NPR-A; assure maximum
protection of Special Areas; and protect longstanding subsistence
activities.
On June 29, 2023, the BOEM published the proposed rule (1010-AE14)
``Risk Management and Financial
[[Page 9401]]
Assurance for OCS Lease and Grant Obligations'' (88 FR 42136), which
would better protect the American taxpayers from shouldering liability
for the decommissioning of offshore oil and gas facilities.
BSEE is furthering its mission to promote safety, protect the
environment, and conserve resources offshore through vigorous
regulatory oversight and enforcement in several rulemaking efforts.
Among others, BSEE is working to update its regulations governing oil
spills (1014-AA44), offshore pipelines (1014-AA45), and decommissioning
requirements on the OCS (1014-AA53).
Upholding Trust Responsibilities to Federally Recognized American
Indian and Alaska Native Tribes Restoring Tribal Lands, and Protecting
Natural and Cultural Resources
Among the Department's most important responsibilities is its
commitment to honor the nation-to-nation relationship between the
Federal Government and Tribes. Secretary Haaland is strongly committed
to strengthening how the Department carries out its trust
responsibilities and to increasing economic development opportunities
for Tribes and other historically underserved communities.
To advance the Department's trust responsibilities, the Bureau of
Indian Affairs (BIA) has identified opportunities, following
consultation and in close collaboration with Tribal governments, to
promote Tribal economic growth and development, and provide clearer and
more efficient processes for Tribes that are applying to place land
into trust or enter into gaming compacts. For example, BIA is working
to remove barriers to the development of renewable energy and other
resources in Indian country.
Deb Haaland stated, ``Through President Biden's Investing in
America agenda, we're launching a new program to electrify Indian
Country to provide reliable, resilient energy that Tribes can rely on,
and advance our work to tackle the climate crisis and build a clean
energy future.''
In consultation with Tribes, BIA engaged in efforts to update and
improve its regulations governing how it manages land held in trust or
in restricted status for Tribes and individual Indians. These efforts
included improving the consultation process, identifying best
practices, and strengthening relationships with Tribal governments. The
BIA also launched a broader review to determine whether any regulatory
reforms are needed to facilitate restoration of Tribal lands and
safeguard natural and cultural resources. As a result of these
consultations and this review, BIA is preparing a proposed rule,
``Agricultural Leasing of Indian Land,'' which would revise the
regulations governing leases of Indian land for agricultural purposes
found at 25 CFR part 162 (1076-AF66). This proposed rule would
streamline how leases are obtained and increase the agricultural usage
of Indian land.
In December of 2022, BIA published two proposed rules, one
regarding the fee-to-trust process and one regarding Class III gaming
compacts (87 FR 74334, 87 FR 74916). The updated regulations will
provide clearer and more efficient processes for Tribes that are
applying to place land into trust or enter into gaming compacts. The
land acquisitions rule (1076-AF71) will lead to a more efficient, less
cumbersome, and less expensive fee-to-trust process by clarifying the
Secretary of the Interior's authority to take land in trust for Tribes,
reducing processing time, and establishing clear decision-making
criteria. The rule also places an express focus on taking land into
trust for conservation purposes. The Class III gaming rule (1076-AF68)
will provide clarity on the criteria the Department would consider when
deciding whether to approve these compacts by clarifying boundaries as
to allowable topics of negotiation, better defining key terms, and
clearly outlining when the Department must review a gaming compact. BIA
plans to finalize these rules in February 2024.
The Department is also committed to improving regulations meant to
protect sacred and cultural resources. To this end, the Assistant
Secretary for Indian Affairs and the Assistant Secretary for Fish and
Wildlife and Parks are working with the National Park Service (NPS) to
incorporate recommendations from consultation with Tribes on updates to
regulations implementing the Native American Graves and Repatriation
Act (NAGPRA), 43 CFR part 10 (1024-AE19). This proposed rule, the
``Native American Graves Protection and Repatriation Act Systematic
Process for Disposition and Repatriation of Native American Human
Remains, Funerary Objects, Sacred Objects, and Objects of Cultural
Patrimony,'' which published on October 18, 2022 (87 FR 63202), would
provide for the disposition and repatriation of Native American human
remains, funerary objects, sacred objects, and objects of cultural
patrimony. The updates are intended to simplify and improve the
regulatory process for repatriation, rectify provisions in the current
regulations that inhibit and effectively prevent respectful
repatriation, and remove the burden on Indian Tribes and Native
Hawaiian organizations to initiate the process and add a requirement
for museums and Federal agencies to complete the process. The
Department expects to publish a final rule titled ``Native American
Graves Protection and Repatriation Act Systematic Process for
Disposition and Repatriation of Native American Human Remains, Funerary
Objects, Sacred Objects, and Objects of Cultural Patrimony,'' by the
end of 2023.
Advancing Equity and Supporting Underserved Communities
The Biden-Harris administration and Secretary Haaland recognize and
support the goals of advancing equity and addressing the needs of
underserved communities. In January 2021, the President signed E.O.
13985, ``Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government.'' Additionally, On February
17, 2022, Secretary Haaland issued S.O. 3406, ``Establishment of a
Diversity, Equity, Inclusion and Accessibility Council.'' In response
to E.O. 13985 and the S.O. 3406, the Department issued its Equity
Action Plan on April 14, 2022. The Equity Action Plan is a key part of
the Department's efforts to implement E.O. 13985, which calls on
Federal agencies to advance equity by identifying and addressing
barriers to equal opportunity that underserved communities may face as
a result of Government policies and programs.
On February 16, 2023, the President signed E.O. 14091, ``Further
Advancing Racial Equity and Support for Underserved Communities Through
the Federal Government.'' This order builds upon the previous equity-
related Executive orders by extending and strengthening equity-
advancing requirements for agencies, and it positions agencies to
deliver better outcomes for the American people.
On April 6, 2023, the President signed E.O. 14094, ``Modernizing
Regulatory Reform.'' Section 2 of this E.O. directs agencies to promote
equitable and meaningful opportunities for public participation in the
rulemaking process by a range of interested or affected parties,
including underserved communities.
In Fiscal Year (FY) 2024, the Department will undertake a number of
regulatory actions that will assist people who are members of
underserved communities by removing barriers, and strengthening equity-
advancing requirements.
[[Page 9402]]
The BLM (1004-AE60), FWS (1018-BD78), and NPS (1024-AE75) are
working on right-of-way (ROW) rules that would streamline and improve
efficiencies in the permitting process for electric transmission,
distribution facilities, and broadband facilities. The BLM published
their proposed rule ``Update of the Communications Uses Program, Cost
Recovery Fee Schedules, and Section 512 of FLPMA for Rights-of-Way,''
on November 7, 2022 (87 FR 67306). The FWS published their revised
proposed rule ``Streamlining U.S. Fish and Wildlife Service Permitting
of Rights-of-Way Across National Wildlife Refuges and Other U.S. Fish
and Wildlife Service-Administered Lands'' on July 24, 2023 (88 FR
47442). These rules should result in increased services such as
broadband connectivity with resulting benefits to underserved
communities and visitors to Departmental lands and promote good
governance. These proposed rules are expected to implement several
provisions of the BIL.
Investing in Healthy Lands, Waters, and Local Economies and
Strengthening Conservation of the Nation's Lands, Waters, and Wildlife
The Department's regulatory agenda will continue to advance the
goals of investing in healthy lands, waters, and local economies across
the country. These regulatory efforts, which are consistent with the
Biden-Harris administration's America the Beautiful initiative as well
as the BIL and IRA which provide the Department with historic
resilience and restoration investments, include expanding opportunities
for outdoor recreation, such as hunting and fishing, for all Americans;
enhancing conservation stewardship; and improving the management of
species and their habitat. In a priority effort to advance these goals,
the BLM published a proposed rule on April 3, 2023 (88 FR 19583),
``Conservation and Landscape Health (1004-AE92),'' to advance the
bureaus' mission to manage the public lands for multiple use and
sustained yield by prioritizing the health and resilience of ecosystems
across those lands. To ensure that health and resilience, the proposed
rule provides that the BLM will protect intact landscapes, restore
degraded habitat, and make informed management decisions based on
science and data.
Through this regulatory plan, the Department affirms the importance
of the ESA on the 50th anniversary of its passage in providing a broad
and flexible framework to facilitate conservation with a variety of
stakeholders. The Department, through FWS, is committed to working with
diverse Federal, Tribal, State, and industry partners not only to
protect and recover America's imperiled wildlife, but to ensure the ESA
is helping meet 21st century challenges.
In FY 2023, FWS published numerous proposed and final rules to
continue improving implementation of the ESA so that it is clearly and
consistently applied, helps recover listed species, and provides the
maximum degree of certainty possible to all parties.
Consistent with the steadfast commitment to allowing access to our
National Wildlife Refuges (NWRs) and continued efforts to provide
hunting and fishing opportunities, the FWS opened, for the first time,
two NWRs that had been closed to hunting and sport fishing. In
addition, FWS opened or expanded hunting or sport fishing at 16 NWRs
and added pertinent station-specific regulations for other NWRs that
pertain to migratory game bird hunting, upland game hunting, big game
hunting, or sport fishing for the 2022-2023 season. The FWS also
changed existing station-specific regulations to reduce regulatory
burden on the public and increase access for hunters and anglers on FWS
lands and waters. FWS published a proposed rule on June 23, 2023 (88 FR
41058), ``National Wildlife Refuge System; 2023-2024 Station-Specific
Hunting and Sport Fishing Regulations,'' that would expand hunting
opportunities on three NWRs.
Per section 2 of E.O. 13990 and the ``Fact Sheet: List of Agency
Actions for Review,'' the Departments of Commerce and the Interior
(Departments) initiated a review of the August 27, 2019, final rules,
``Endangered and Threatened Wildlife and Plants; Regulations for
Listing Endangered and Threatened Species and Designating Critical
Habitat,'' (1018-BF95) (84 FR 45020) that revised the regulations for
adding and removing species from the Lists of Endangered and Threatened
Wildlife and Plants and the procedures for designating critical habitat
as well as ``Endangered and Threatened Wildlife and Plants; Regulations
for Interagency Cooperation,'' (1018-BC87) (84 FR 44976) that revised
portions of the regulations that implement section 7 of the ESA, as
amended. In addition, the U.S. Fish and Wildlife Service initiated a
review of the August 27, 2019, final rule ``Endangered and Threatened
Wildlife and Plants; Regulations for Prohibition to Threatened Wildlife
and Plants,'' (1018-BC97) (84 FR 44753) that removed default
protections for threatened species under section 4 of the ESA. On July
5, 2022, the 2019 rules were vacated and remanded by the U.S. District
Court for the Northern District of California.
In response to the court order, the Departments proposed a new
rulemaking for FY 2023, ``Endangered and Threatened Wildlife and
Plants; Listing and Designating Critical Habitat,'' which published on
June 22, 2023 (88 FR, 40764); ``Endangered and Threatened Wildlife and
Plants; Revision of Regulations for Interagency Cooperation'' (1018-
BF96), which published on June 22, 2023 (88 FR 40753); and ``Endangered
and Threatened Wildlife and Plants; Regulations Pertaining to
Endangered and Threatened Wildlife and Plants'' (1018-BF88), which
published on June 22, 2023 (88 FR 40753). The Departments will work to
finalize these rules in 2024.
Under section 4(d) of the Endangered Species Act (ESA), FWS plans
to promulgate several species-specific rules to protect threatened
species. Of particular note, the FWS issued a proposed rule on November
17, 2022, (87 FR 68975) that would revise the rule for the African
elephant (Loxodonta africana) promulgated under section 4(d) of the ESA
(1018-BG66). The proposed rule intends to increase domestic protection
for African elephants in light of the recent rise in global trade of
live African elephants from range countries by establishing ESA permit
requirements and enhancement standards for trade in live African
elephants. This rulemaking action would also clarify the existing
enhancement requirement during our evaluation of the application for a
permit to import African elephant sport-hunted trophies and incorporate
a Party's designation under the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES) National Legislation
Project into the decision-making process for the import of live African
elephants, African elephant sport-hunted trophies, and African elephant
parts and products other than ivory. The Department expects to publish
a final rule titled ``Revision to the Section 4(d) Rule for the African
Elephant'' in January 2024.
The NPS is also pursuing several regulatory actions under the
Department's direction and in accordance with these goals. These
regulatory actions would authorize recreational activities, such as
off-road vehicle use, motorized vessels, and bicycling, within
appropriate, designated areas of certain National Park System units.
These regulations would promote appropriate visitor use while
supporting long-term preservation
[[Page 9403]]
of park resources and quality visitor experiences.
Promoting Equitable and Meaningful Participation in the Regulatory
Process
In accordance with E.O. 14094, ``Modernizing Regulatory Review,''
and the OMB Memorandum ``Broadening Public Participation and Community
Engagement in the Regulatory Process'' (July 19, 2023), the Department
is committed to informing their regulatory actions through meaningful
and equitable opportunities for public input by a range of interested
or affected parties, including underserved communities.
For example, to inform the development of and increase awareness of
the proposed rulemaking for Carbon Sequestration on the OCS (RIN 1082-
AA04), BOEM and BSEE coordinated an extensive outreach strategy to
facilitate discussions with representatives from the U.S. interagency,
foreign counterpart agencies, Tribal Nations, state agencies, industry,
academia, non-governmental organizations, environmental justice groups,
labor organizations, and international organizations.
The goals of the outreach strategy were to (1) Facilitate the
Bureaus' access to information and perspectives related to offshore
carbon sequestration in support of developing a robust and effective
rule in a timely manner, and (2) foster relationships with a range of
stakeholders that could provide value to the bureaus well beyond the
rulemaking effort. The bureaus began implementing the outreach strategy
in November 2021, that includes the identification of representatives
from each category listed above, introductory and follow-up written
exchanges, coordination of listening sessions and informational sharing
meetings, and initiation of government-to-government engagements with
Tribal Nations.
In another example, on June 22, 2023, the FWS and the National
Oceanic and Atmospheric Administration's National Marine Fisheries
Service (NMFS), together the ``Services,'' proposed two rules to
improve and strengthen implementation of the Endangered Species Act
(ESA) (RINs 1018-BF95 and 1018-BF96; 88 FR 40764 and 88 FR 40753), and
FWS published a separate but related action (RIN 1018-BF88; 88 FR
40742). In accordance with E.O. 13990 (Protecting Public Health and the
Environment and Restoring Science To Tackle the Climate Crisis), these
rules will ensure the ESA effectively addresses 21st century
conservation challenges, such as climate change.
The Services made a concerted effort to engage with the public to
inform these rules. With publication of the proposed rules, the
Services issued a news release with a link to a website with additional
information about the rules as well as a recording of an informational
webinar. Additionally, in coordination with Federal and State agency
association partners we reached out via direct email to hundreds of
stakeholders with specific registration instructions for virtual
information sessions. The Services subsequently delivered a series of
six live virtual informational sessions to Federal agencies, State
agencies, federally recognized Tribes, Native Hawaiian community
leaders, non-governmental organizations and conservation partners, and
industry groups. In total, more than 500 people attended the 6
information sessions. Frequently asked questions and a recording of the
presentation can be viewed on the website https://fws.gov/project/endangered-species-act-regulation-revisions.
The BLM published a proposed rule, ``Conservation and Landscape
Health,'' on April 3, 2023, (1004-AE92, 88 FR 19583) that provides
tools for the BLM to improve the resilience of public lands in the face
of a changing climate; conserve important wildlife habitat and intact
landscapes; plan for development; and better recognize unique cultural
and natural resources on public lands. The proposed rule directly
responds to the growing need to better manage public lands, waters, and
wildlife in the face of devastating wildfires, historic droughts, and
severe storms that communities are experiencing across the West, as
well as to deepen BLM's collaborative work with communities, States and
Tribes to support responsible development of critical minerals, energy
and other resources. The BLM held two virtual and three in-person
meetings to provide detailed information about the proposal. Members of
the public had an opportunity to ask questions that facilitate a deeper
understanding of the proposal. BLM also created a separate web page
detailing specific details on the rule: Public Lands Rule [verbar]
Bureau of Land Management (blm.gov).
Bureaus and Offices Within the Department of the Interior
The following is an overview of some of the major regulatory and
deregulatory priorities of the Department's Bureaus and Offices.
Bureau of Indian Affairs
The BIA enhances the quality of life, promotes economic
opportunity, and protects and improves the trust assets of
approximately 1.9 million American Indians, Indian Tribes, and Alaska
Natives. The BIA maintains a government-to-government relationship with
the 574 Federally Recognized Indian Tribes. The BIA also administers
and manages 55 million acres of surface land and 57 million acres of
subsurface minerals held in trust by the United States for American
Indians and Indian Tribes.
Regulatory and Deregulatory Actions
In the coming year, BIA will prioritize the following rulemakings:
Procedures for Federal Acknowledgment of Indian Tribes (1076-AF67)
This proposed rule would respond to recent Federal court decisions
holding that the Department did not adequately explain its regulations
prohibiting previously denied petitioners for Federal acknowledgment
from petitioning again. The Department sought Tribal government input
through communication under Executive Order 13175 criteria and the
Department's consultation policy on meaningful communication and
collaboration with tribal officials. The Department held Consultation
sessions with federally recognized Indian Tribes and a listening
session for present, former, and prospective petitioners.
Appeals From Administrative Actions (1076-AF64)
The proposed rule published on December 1, 2022 (87 FR 73688). This
final rule will clarify the processes for appeals of actions taken by
officials in the Office of the Assistant Secretary--Indian Affairs,
BIA, Bureau of Indian Education, and Office of the Special Trustee for
American Indians (collectively, Indian Affairs). The rule advances the
purposes of E.O. 14058 to effectively reduce administrative burdens,
simplify both public-facing and internal processes to improve
efficiency, and empower the Federal workforce to solve problems. The
rule streamlines the process for appeals of Tribal government
representative decisions, to ensure the continued government-to-
government relations with the appropriate Tribal leadership is not
unduly interrupted. The Department received Tribal government input
through two consultation sessions (February 17, 2022, and February 22,
2022) held under Executive Order 13175 criteria and the Department's
policy on meaningful communication and collaboration with Tribal
officials.
[[Page 9404]]
Mining of the Osage Mineral Estate for Oil and Gas (1076-AF59)
The proposed rule published on January 13, 2023 (88 FR 2430). This
final rule will revise the regulations in 25 CFR part 226 to strengthen
the BIA's management of the Osage Mineral Estate and improve accounting
and production measurement standards; offer consistency in production
valuation; address inadequate bonding; support the implementation of
electronic reporting systems; enhance accountability; clarify lessees'
obligations; prevent waste; promote safe and environmentally sound
operations; and protect resource values. The Department received Tribal
government input through consultation sessions held pursuant to
Executive Order 13175 criteria and the Department's policy on
meaningful communication and collaboration with Tribal officials.
Land Acquisitions (1076-AF71)
The proposed rule published on December 5, 2022 (87 FR 74334). This
final rule will advance the purposes of E.O. 13985 and address the
Department's jurisdiction to acquire land in trust for certain Tribes,
streamline acquisitions on existing reservations, clarify Tribal
jurisdiction, and promote Tribal conservation of lands. The Department
received Tribal government input through consultations and listening
sessions held under Executive Order 13175 criteria and the Department's
policy on meaningful communication and collaboration with Tribal
officials.
Class III Tribal State Gaming Compact Process (1076-AF68)
The proposed rule published on December 6, 2022 (87 FR 74916). This
final rule will provide States and Tribes with a better understanding
of how the Department reviews their compacts by codifying longstanding
Departmental policy and interpretations of existing case law. The
Department received Tribal government input through consultations and
listening sessions held under Executive Order 13175 criteria and the
Department's policy on meaningful communication and collaboration with
Tribal officials.
Agricultural Leasing of Indian Land (1076-AF66)
This proposed rule would update provisions addressing leasing of
trust or restricted land (Indian land) for agricultural purposes to
reflect updates that have been made to business and residential leasing
provisions and address outdated provisions. The Department received
Tribal government input through consultations and listening sessions
held under Executive Order 13175 criteria and the Department's policy
on meaningful communication and collaboration with Tribal officials.
Indian Arts and Crafts (1076-AF69)
This proposed rule would modernize the Indian Arts and Crafts Board
regulations to better meet the objectives of the Indian Arts and Crafts
Act to promote the economic welfare of the Indian Tribes and Indian
individuals through the development of Indian arts and crafts and the
expansion of the market for the products of Indian art and
craftsmanship. The Department is seeking Tribal government input
through communication under Executive Order 13175 criteria and the
Department's policy on meaningful collaboration with Tribal officials.
Bureau of Land Management
The BLM manages more than 245 million acres of public land, known
as the National System of Public Lands, primarily located in 12 Western
States, including Alaska. The BLM also administers 700 million acres of
sub-surface mineral estate throughout the Nation. The agency's mission
is to sustain the health, diversity, and productivity of America's
public lands for the use and enjoyment of present and future
generations.
Regulatory and Deregulatory Actions
In the coming year, the BLM will prioritize the following
rulemaking actions and highlight its efforts under E.O. 14094:
Update of the Communications Uses Program, Right-of-Way Cost Recovery
Fee Schedules and Section 512 of FLPMA for Rights-of-Way (1004-AE60)
The BLM published its proposed rule on November 7, 2022 (87 FR
67306). This final rule will streamline and improve efficiencies in the
communications uses program, update the cost recovery fee schedules for
ROW work activities, and include provisions governing the development
and approval of operating plans and agreements for ROWs for electric
transmission and distribution facilities. Communications uses, such as
broadband, are a subset of ROW activities authorized under FLPMA, as
amended. Cost recovery fees apply to most ROW activities authorized
under either FLPMA or the Mineral Leasing Act of 1920, as amended. This
proposed rule would also implement vegetation management requirements
included in the Consolidated Appropriations Act, 2018 (codified at 43
U.S.C. 1772) to address fire risk from and to powerline ROWs on public
lands and national forests. The regulatory amendments would also codify
statutory requirements regarding review and approval of utilities
maintenance plans, liability limitations, and definitions of hazard
trees and emergency conditions. The proposed rule was highlighted on
the BLM's website with links to comment options, FAQs, and direct links
to the rule. We plan to do the same for the final rule.
Rights-of-Way, Leasing and Operations for Renewable Energy (1004-AE78)
The BLM published this proposed rule on June 16, 2023 (88 FR
39726). This final rule will revise BLM's regulations for ROWs,
leasing, and operations related to all activities associated with
renewable energy. The Energy Act of 2020 and E.O. 14008 prioritize the
Department's need to improve permitting activities and processes to
facilitate increased renewable energy production on public lands. BLM
held three virtual informational meetings over the course of the
comment period. Additionally, the rule was highlighted on the BLM's
website with links to comment options, FAQs, and direct links to the
rule.
Waste Prevention, Production Subject to Royalties, and Resource
Conservation (1004-AE79)
This proposed rule published on November 30, 2022 (87 FR 73588).
The final rule will update BLM's regulations governing the waste of
natural gas through venting, flaring, and leaks on onshore Federal and
Indian oil and gas leases. The proposed rule would address the
priorities associated with E.O. 14008. The proposed rule was
highlighted on the BLM's website with links to comment options, FAQs,
and direct links to the rule. We plan to do the same for the final
rule.
Fluid Mineral Leases and Leasing Process (1004-AE80)
This proposed rule published on July 24, 2023 (88 FR 47562). This
final rule will revise BLM's oil and gas regulations to update the
fees, rents, royalties, and bonding requirements related to oil and gas
leasing, development, and production. The final rule will also update
BLM's process for leasing to ensure the protection and proper
stewardship of the public lands, including potential climate and other
impacts associated with oil and gas activities. This rule will
implement provisions of the IRA regarding oil and gas resources on
public lands. BLM will
[[Page 9405]]
hold five informational meetings (Two virtual, three in-person) over
the course of the comment period. Additionally, the rule was
highlighted on the BLM's website with links to comment options, FAQs,
and direct links to the rule. We plan to do the same for the final
rule.
Closure and Restriction Orders (1004-AE89)
This proposed rule would help BLM to better protect persons,
property, and public lands and resources by allowing the agency to
close or restrict the use of public lands in a timelier manner. The
rule would also make BLM's regulations more consistent with other
Federal land management agencies' closure and restriction authorities.
The proposed rule was highlighted on the BLM's website with links to
comment options, FAQs, and direct links to the rule. We plan to do the
same for the final rule.
Conservation and Landscape Health (1004-AE92)
On April 3, 2023, the BLM published a proposed rule (88 FR 19583)
to clarify and support the principles of multiple use and sustained
yield in the management of the public lands pursuant to FLPMA and other
relevant authorities. This final rule will provide an overarching
framework governing multiple resource areas to ensure land health and
sustained yield. This rule affirms the important role of restoration
and conservation actions in building and maintaining sustainable land
management practices to ensure healthy and productive ecosystems for
current and future generations. BLM held five informational meetings
(Two virtual, three in-person) over the course of the comment period.
Additionally, the rule was highlighted on the BLM's website with links
to comment options, FAQs, and direct links to the rule.
Management and Protection of the National Petroleum Reserve in Alaska
(1004-AE95)
This final rule will assure maximum protection of Special Areas in
the NPR-A pursuant to and consistent with the provisions of the Naval
Petroleum Reserves Production Act of 1976 (90 Stat. 303; 42 U.S.C. 6501
et seq.), Alaska National Interest Lands Conservation Act, and other
applicable authorities. On September 8, 2023, the BLM published the
proposed rule ``Management and Protection of the National Petroleum
Reserve in Alaska'' (88 FR 62025). The proposed rule was highlighted on
the BLM's website with links to comment options, FAQs, and direct links
to the rule. Additionally, a number of listening sessions will occur.
Bureau of Ocean Energy Management
The mission of BOEM is to manage development of U.S. OCS energy and
mineral resources in an environmentally and economically responsible
way. In accordance with its statutory mandate under Outer Continental
Shelf Lands Act (OCSLA), BOEM is committed to implementing its dual
mission of promoting the expeditious and orderly development of the
Nation's energy resources while simultaneously protecting the marine,
human, and coastal environment of the OCS State submerged lands and the
coastal communities. Consistent with the policy outlined by the Biden-
Harris administration in E.O. 14008, BOEM is reevaluating its programs
related to the offshore development of energy and mineral resources.
The BOEM is working with the Department to review options for expanding
renewable energy production while evaluating alternatives to better
protect the lands, waters, and biodiversity of species located within
the U.S. exclusive economic zone.
Regulatory and Deregulatory Actions
In the coming year, BOEM will prioritize the following rulemaking
actions:
Renewable Energy Modernization Rule (1010-AE04)
On January 30, 2023, the BOEM proposed the Renewable Energy
Modernization Rule (88 FR 5968). As proposed, the rule would facilitate
development of offshore renewable energy and promotes U.S. energy
independence in a safe and environmentally sound manner that provides a
fair return to U.S. taxpayers. This proposed rule contains reforms
identified by BOEM and recommended by industry, including proposals for
incremental funding of decommissioning accounts; more flexible
geophysical and geotechnical survey submission requirements;
streamlined approval of meteorological buoys; revised project
verification procedures; and greater clarity regarding safety
requirements.
Risk Management and Financial Assurance for OCS Lease and Grant
Obligations (1010-AE14)
The BOEM has reconsidered the financial assurance policies
expressed in the joint proposed rule (85 FR 65904) issued with BSEE
(1082-AA02) and has determined that it would be appropriate to issue a
new rule that will better protect the American taxpayers from
shouldering liability for the decommissioning of offshore oil and gas
facilities. On June 29, 2023, the BOEM published the Risk Management
and Financial Assurance for OCS Lease and Grant Obligations (88 FR
42136), which proposed provisions that would ensure that facilities no
longer needed for oil or gas exploration or development are shut down
in a safe and environmentally responsible manner. The rule will modify
the evaluation criteria for determining whether oil, gas and sulfur
lessees, right-of-use and easement grant holders, and pipeline ROW
grant holders may be required to provide bonds or other financial
assurance, above the regulatorily prescribed amounts for base bonds, to
ensure compliance with their OCS obligations.
Carbon Sequestration (1082-AA04)
In accordance with the BIL, BOEM and BSEE are working to jointly
propose regulations governing carbon transportation and geologic
sequestration aspects of a development, including leasing; siting of
storage reservoirs; environmental plans and mitigations; facility and
infrastructure design and installation; injection operations;
monitoring; incident response; financial assurance; and safety.
Protection of Marine Archaeological Resources (1010-AE11)
On February 15, 2023, BOEM published a proposed rule (88 FR 9797)
that would revise when lessees and operators would need to conduct
archaeological surveys. The proposal put forward provisions that
clarify when operators would submit an archaeological report with their
applications and clarify the source and extent of the data utilized.
Fitness To Operate Standards for Oil and Gas Operators and Lessees on
the Outer Continental Shelf (1010-AE21)
This proposed rule would enhance the Secretary's stewardship over
the OCS and offshore waters by providing regulations governing the
disqualification of operators that have poor environmental or safety
performance records. If not properly maintained and operated, oil and
gas operations can cause significant safety hazards and environmental
harm and prevent other beneficial uses of the OCS (such as fishing and
future resource development). Additionally, these safety and
environmental issues potentially place American taxpayers at risk to
cover future cleanup costs.
Bureau of Safety and Environmental Enforcement
The BSEE's mission is to promote safety, protect the environment,
and
[[Page 9406]]
conserve resources offshore through vigorous regulatory oversight and
enforcement. The BSEE is the lead Federal agency charged with improving
safety and ensuring environmental protection related to conventional
and renewable energy activities on the U.S. OCS.
Regulatory and Deregulatory Actions
In the coming year, BSEE will prioritize the following rulemaking
actions:
Oil-Spill Response Requirements for Facilities Located Seaward of the
Coast Line Proposed Rule (1014-AA44)
The oil spill response requirements regulations found in 30 CFR
part 254 were last updated over 20 years ago (62 FR 13996, Mar. 25,
1997). This proposed rule would update existing regulations to
incorporate the latest advancements in spill response and preparedness
policies and technologies, as well as lessons learned and
recommendations from reports related to the Deepwater Horizon explosion
and subsequent oil spill.
Revisions to Subpart J--Pipelines and Pipeline Rights-of-Way Proposed
Rule (1014-AA45)
This proposed rule would revise specific provisions of the current
pipelines and pipeline ROW regulations under 30 CFR 250 subpart J to
align with current technology and state-of-the-art safety equipment and
procedures, primarily through the incorporation of industry standards.
Outer Continental Shelf Lands Act; Operating in High-Pressure and/or
High-Temperature (HPHT) Environments (1014-AA49)
Currently, BSEE has no regulations specific to high pressure and/or
high temperature (HPHT) projects, requiring it to issue multiple
guidance documents clarifying the specific HPHT information prospective
operators should submit to BSEE to support the Bureau's programmatic
reviews and approvals of such projects. This final rule will formally
codify BSEE's existing process for reviewing and approving projects in
HPHT environments. BSEE published this proposed rule on May 16, 2022
(87 FR 29790).
Oil and Gas and Sulfur Operations in the Outer Continental Shelf-
Blowout Preventer Systems and Well Control Revisions (RIN 1014-AA52)
This final rule will revise BSEE regulations published in the 2019
final rule ``Oil and Gas and Sulfur Operations in the Outer Continental
Shelf Blowout Preventer Systems and Well Control Revisions,'' 84 FR
21908 (May 15, 2019), for drilling, workover, completion, and
decommissioning operations. BSEE published the proposed rule on
September 14, 2022 (87 FR 56354).
Revisions to Decommissioning Requirements on the OCS (1014-AA53)
This proposed rule would address issues relating to: (1) Idle iron
by adding a definition of this term to clarify that it applies to idle
wells and structures on active leases; (2) abandonment in place of
subsea infrastructure by adding regulations addressing when BSEE may
approve decommissioning-in-place instead of removal of certain subsea
equipment; and (3) other operational considerations.
Office of the Chief Information Officer
The Office of the Chief Information Officer (OCIO) provides
leadership to the Department and its Bureaus in all areas of
information management and technology (IT). To successfully serve the
Department's multiple missions, the OCIO applies modern IT tools,
approaches, systems, and products. Effective and innovative use of
technology and information resources enables transparency and
accessibility of information and services to the public.
In 2023, OCIO finalized the following rule:
Personnel Security Files System of Records (1090-AB16)
This final rule was published on February 21, 2023 (88 FR 10479)
and revised the Department's Privacy Act regulations at 43 CFR 2.254 to
claim exemptions for certain records in the INTERIOR/DOI-45, Personnel
Security Files, system of records from one or more provisions of the
Privacy Act of 1974 pursuant to 5 U.S.C. 552a(k), because of criminal,
civil, and administrative law enforcement requirements.
For the coming year, OCIO will prioritize the following rules:
Network Security System of Records (1090-AB14)
This proposed rule would revise the Department's Privacy Act
regulations at 43 CFR 2.254 to claim exemptions for certain records in
the INTERIOR DOI-49, Network Security, system of records from one or
more provisions of the Privacy Act of 1974 pursuant to 5 U.S.C 552a(j)
and (k), because of criminal, civil, and administrative law enforcement
requirements.
Investigative Records System of Records (1090-AB27)
A proposed rule was published on July 13, 2023 (88 FR 44748). The
final rule would revise the Department's Privacy Act regulations at 43
CFR 2.254 to claim exemptions for certain records in the INTERIOR/OIG-
02, Investigative Records, system of records from one or more
provisions of the Privacy Act of 1974 pursuant to 5 U.S.C. 552a(k),
because of criminal, civil or administrative law enforcement
requirements.
DOI Law Enforcement Records Management System (LERMS) System of Records
(1090-AB28)
This proposed rule would revise the Department's Privacy Act
regulations at 43 CFR 2.254 to claim exemptions for certain records in
the INTERIOR/DOI-10, DOI Law Enforcement Records Management System
(LERMS), system of records from one or more provisions of the Privacy
Act of 1974 pursuant to 5 U.S.C. 552a(k), because of criminal, civil or
administrative law enforcement requirements.
Office of Acquisition and Property Management
The Office of Acquisition and Property Management (PAM) coordinates
Department-wide implementation of Federal policy and regulations for
acquisition; and real, personal, and museum property. The PAM also
directs activities in other essential areas including motor vehicle
fleet management, space management, energy efficiency, water
conservation, renewable energy programs, and capital planning for real
and personal property assets.
For the coming year, PAM will prioritize the following rules:
Department of the Interior Acquisition Regulation, Governance Titles
(1090-AB25)
The PAM proposes changes to the Department of the Interior
Acquisition Regulation to update its nomenclature to align with recent
changes to agency procurement governance. The senior GS-1102
contracting subject matter expert in a Department Bureau or Office
would be designated as the Head of the Contracting Activity (formerly
designated as the Bureau Procurement Chief). The Senior Executive who
is accountable for the contracting activity would be designated as the
Bureau Procurement Executive (this position was formerly designated as
the Head of the Contracting Activity). These amendments would enable
acquisition programs to more efficiently meet the
[[Page 9407]]
Department's mission needs and comply with all applicable law and
regulations.
Office of Hearings and Appeals
The Office of Hearings and Appeals (OHA) exercises the delegated
authority of the Secretary to conduct hearings and decide appeals from
decisions made by the Bureaus and Offices of the Department. The OHA
provides an impartial forum for parties who are affected by the
decisions of the Department's Bureaus and Offices to obtain independent
review of those decisions. The OHA also handles the probating of Indian
trust estates, ensuring that individual Indian interests in allotted
lands, their proceeds, and other trust assets are conveyed to the
decedents' rightful heirs and beneficiaries.
For the coming year, OHA will prioritize the following rule:
Office of Hearings and Appeals (OHA) Rule (1094-AA57)
This proposed rule will update outdated provisions, make process
improvements, and provide a more modernized hearings and appeals
process for proceedings before OHA. This is a comprehensive proposal to
provide a more efficient process for OHA and the parties who appear
before it, including external stakeholders and Departmental bureaus.
The rule will build upon the Direct Final Rule to incorporate a new
electronic filing and docket management system into OHA's processes and
will update a number of other procedural rules. Included in this
proposed rule are comprehensive changes to special rules for the
Interior Board of Land Appeals, Departmental Cases Hearings Division,
and the Director's office. Other provisions address specific needs of
the Interior Board of Indian Appeals and the Probate Hearings Division.
OHA conducted informal outreach and plans to hold Tribal consultation
sessions.
In 2023, OHA finalized the following rules:
Practices Before the Department of Interior (1094-AA56)
On March 16, 2023, OHA's Final Rule became effective to amend
existing regulations to update office addresses for hearings and
appeals purposes, to allow the OHA Director to issue interim orders in
emergency circumstances, and to allow the OHA Director to issue
standing orders to improve OHA's service to the public and the parties
by modernizing its processes.
Technical Corrections to Updates to American Indian Probate Regulations
(1094-AA55)
On June 20, 2023 (88 FR 39768), OHA published correcting amendments
in a final rule to update the regulations governing probate of property
that the United States holds in trust or restricted status for American
Indians.
Office of Natural Resources Revenue
The Office of Natural Resources Revenue (ONRR) is responsible for
collecting, accounting for, and disbursing revenues from Federal and
Indian energy and mineral leases. The ONRR operates nationwide and is
primarily responsible for the timely and accurate collection,
distribution, and accounting of revenues associated with mineral and
energy production.
In 2023, ONRR completed the following rules:
Partial Repeal of Consolidated Federal Oil & Gas and Federal & Indian
Coal Reform Final Rule (1012-AA34)
On July 21, 2023, ONRR reissued certain regulations for the
valuation of Federal and Indian coal to implement a court order that
vacates the coal valuation portions of a 2016 rule. These republished
regulations implement the court's order by recodifying the regulations
that were in effect prior to the vacated 2016 rule.
In the coming year, ONRR will prioritize the following rulemaking
actions:
ONRR Designation Form for Payment Responsibility (1012-AA33)
This proposed rule would amend ONRR's regulations and revise its
form for designating a designee for a Federal oil and gas lease. This
action would open a 60-day comment period to allow interested parties
to comment on the proposed rule and its information collection
requirements.
Office of Restoration and Damage Assessment (ORDA)
ORDA oversees the Department's Natural Resource Damage Assessment
and Restoration (NRDAR) Program whose mission is to restore natural
resources injured as a result of oil spills or hazardous substance
releases into the environment. In partnership with affected state,
tribal and Federal trustee agencies, damage assessments are conducted
which are the first step toward resource restoration and used to
provide the basis for determining restoration needs that address the
public's loss and use of natural resources. Once the damages are
assessed, legal settlements are negotiated, or legal actions are taken
against the responsible parties for the spill or release. Funds from
these settlements are then used to restore the injured resources.
Natural Resource Damages for Hazardous Substances--RIN (1090-AB26)
In January 2023, ORDA issued an Advanced Notice of Proposed
Rulemaking (ANPRM) to revise part of the CERCLA NRDAR Regulations Type
A procedures. These procedures allow trustees to use a standardized and
simplified methodology for performing Injury Determination,
Quantification and Damage Determination that requires minimal field
observation. Current Type A procedures are limited to certain
environments when claims are less than $100,000 and are based on
outdated computer models and software with extremely limited current
utility. Revisions would account for modeling advances for different
environments and to provide methodologies that are not technology
specific and could be used into the future without additional
revisions. Public comments were received on this ANPRM in March 2023.
Based on the comments received, ORDA is proceeding to issue a Notice of
Proposed Rulemaking (NPRM) this fall.
In the upcoming year, ORDA will review the public comments received
on the NPRM and then utilizing those comments, will issue a final rule
revising the Type A procedures which are part of the CERCLA NRDAR
Regulations.
Office of Surface Mining Reclamation and Enforcement
The Office of Surface Mining Reclamation and Enforcement (OSMRE)
was created by the Surface Mining Control and Reclamation Act of 1977
(SMCRA). The OSMRE works with States and Tribes to ensure that citizens
and the environment are protected during coal mining and that the land
is restored to beneficial use when mining is finished. The OSMRE and
its partners are also responsible for reclaiming and restoring lands
and water degraded by mining operations before 1977. The OSMRE focuses
on overseeing the State programs and developing new tools to help the
States and Tribes get the job done.
The OSMRE also works with colleges and universities and other State
and Federal agencies to further the science of reclaiming mined lands
and protecting the environment, including initiatives to promote
planting more trees and restoring much-needed wildlife habitat.
[[Page 9408]]
Regulatory and Deregulatory Actions
For coming year, OSMRE will prioritize the following regulatory
actions:
Ten Day Notices (1029-AC81)
The proposed rule published on April 25, 2023 (88 FR 24944). The
rule will amend the existing regulations about when OSMRE sends ten-day
notices to State regulatory authorities regarding possible SMCRA
violations.
Emergency Preparedness for Impoundments (1029-AC82)
This rule would incorporate certain aspects of the Federal
Guidelines for Dam Safety (FGDS) into OSMRE's existing regulations.
These regulations relate to emergency preparedness for impoundments and
propose to incorporate the FGDS Emergency Action Plans (EAP) and After-
Action Reports (AAR). Also, OSMRE may add new provisions to the
regulations to align the classification of impoundments with industry
and other Government agency standards.
U.S. Fish and Wildlife Service
The mission of FWS is to work with others to conserve, protect, and
enhance fish, wildlife, and plants and their habitats for the
continuing benefit of the American people. FWS provides opportunities
for Americans to enjoy the outdoors and our shared natural heritage.
FWS also promotes and encourages the pursuit of recreational activities
such as hunting and fishing and wildlife observation.
FWS manages a network of 568 NWRs, with at least 1 refuge in each
U.S. State and Territory, and with more than 100 refuges close to major
urban centers. The Refuge System plays an essential role in providing
outdoor recreation opportunities to the American public with more than
67 million annual visits to refuges to hunt, fish, observe or
photograph wildlife, or participate in environmental education or
interpretation.
The FWS fulfills its responsibilities through a diverse array of
programs that:
Protect and recover endangered and threatened species;
Monitor and manage migratory birds;
Restore nationally significant fisheries;
Enforce Federal wildlife laws and regulate international
trade;
Conserve and restore wildlife habitat such as wetlands;
Manage and distribute over a billion dollars each year to
States, Territories, and Tribes for fish and wildlife conservation;
Help foreign governments conserve wildlife through
international conservation efforts; and
Fulfill our Federal Tribal trust responsibility.
Regulations Under the Endangered Species Act
FWS promulgated multiple regulatory actions under the ESA in FY
2023 to prevent the extinction of and facilitate the recovery of both
domestic and foreign animal and plant species. These rulemaking actions
added species to, removed species from, and reclassified species on the
Lists of Endangered and Threatened Wildlife and Plants and designated
critical habitat for certain listed species. FWS published these
rulemaking documents in accordance with the National Listing Workplan.
The Workplan enables FWS to prioritize workloads based on the needs of
species that are candidates for regulatory actions under the ESA or
those for which FWS has received a petition for rulemaking. The
Workplan represents the conservation priorities of FWS based on its
review of scientific information and provides greater clarity and
predictability about the timing of listing determinations to State
wildlife agencies, nonprofit organizations, and other stakeholders and
partners. The goal is to encourage proactive conservation so that
Federal protections are not needed in the first place.
In FY 2023, FWS published 23 proposed and 28 final rules to list
species, reclassify their status under the ESA, or designate critical
habitat; 3 proposed and 4 final rules to remove species from the Lists;
and 1 proposed and 1 final rule to establish nonessential experimental
populations of listed species under the ESA. FWS will publish many more
species-specific rulemaking actions under the ESA in FY2024, as
described in multiple entries in the Unified Agenda.
In addition, in FY 2023 FWS completed numerous other rulemaking
actions, including these:
Endangered and Threatened Wildlife and Plants; Designation of
Experimental Populations (1018-BF98)
On August 2, 2023, final rule (88 FR 42642, July 3, 2023) revised
the regulations concerning experimental populations of endangered
species and threatened species under the Endangered Species Act (ESA).
The rule removed language restricting the introduction of experimental
populations to only the species' ``historical range'' to allow for the
introduction of populations into habitat outside of their historical
range. To provide for the conservation of certain species, establishing
experimental populations outside of their historical range may be
increasingly necessary and appropriate if the habitat's ability to
support one or more life-history stages has been reduced due to threats
such as climate change or invasive species.
Regulations To Implement the Big Cat Public Safety Act (1018-BH23)
On June 12, 2023, FWS amended the implementing regulations for the
Captive Wildlife Safety Act by incorporating the requirements of the
Big Cat Public Safety Act (BCPSA; signed into law on December 20, 2022)
(88 FR 38358, June 12, 2023). To further the conservation of certain
wildlife species (lions, tigers, leopards, snow leopards, clouded
leopards, jaguars, cheetahs, and cougars, or any hybrids thereof), the
BCPSA made certain activities with these species unlawful. The BCPSA
also required certain entities or individuals to register each such
animal with the Service not later than June 18, 2023, to continue to
possess these animals.
Regulatory and Deregulatory Actions for FY 2024
In the coming year, FWS will prioritize the following rulemaking
actions:
Permits for Incidental Take of Eagles and Eagle Nests, Final Rule
(1018-BE70)
On September 30, 2022, FWS proposed revisions to regulations
authorizing the issuance of permits for eagle incidental take and eagle
nest take (87 FR 59598). The purpose of these revisions is to increase
the efficiency and effectiveness of permitting, facilitate and improve
compliance, and increase the conservation benefit for eagles. FWS
proposed continuing to authorize specific permits as well as creating
general permits for certain activities under prescribed conditions:
qualifying wind-energy generation projects, power line infrastructure,
activities that may disturb breeding bald eagles, and bald eagle nest
take.
During the public comment period, FWS held four information
sessions in webinar format: two for members of federally recognized
Native American Tribes and two for the general public. The purpose of
each of these sessions was to provide the public with a general
understanding of the background for this proposed rulemaking action,
activities it would cover, alternative proposals under consideration,
and the draft environmental documents for the proposed action.
[[Page 9409]]
Migratory Bird Permits; Authorizing the Incidental Take of Migratory
Birds, Proposed Rule (1018-BF71)
This proposed rulemaking action would amend FWS regulations by
providing definitions to terms used in the Migratory Bird Treaty Act,
as amended (MBTA). The proposed rule would clarify that the MBTA's
prohibitions on taking and killing migratory birds includes
foreseeable, direct taking and killing that is incidental to other
activities. The proposed rule would also establish authorizations for
otherwise prohibited take of migratory birds.
Regulations for Listing Endangered and Threatened Species and
Designating Critical Habitat, Final Rule (1018-BF95)
On June 22, 2023, FWS and the National Marine Fisheries Service
(NMFS) proposed to revise portions of our regulations that implement
section 4 of the ESA (88 FR 40764). The proposed revisions clarify,
interpret, and implement portions of the ESA concerning the procedures
and criteria used for listing, reclassifying, and delisting species on
the Lists of Endangered and Threatened Wildlife and Plants and
designating critical habitat.
After publication of this proposed rule and the two discussed next
(RINs 1018-BF96 and 1018-BF88), FWS delivered a series of informational
sessions to stakeholders including Federal agencies, State agencies,
federally recognized Tribes, Native Hawaiian community leaders, non-
governmental organizations, conservation partners, industry groups, and
Pacific Islander community leaders. Frequently asked questions and a
recording of the presentation can be viewed on the website https://fws.gov/project/endangered-species-act-regulation-revisions.
Endangered and Threatened Wildlife and Plants; Interagency Cooperation,
Final Rule (1018-BF96)
On June 22, 2023, FWS and NMFS proposed to amend portions of our
regulations that implement section 7 of the ESA (88 FR 40753). The
Services are proposing these changes to further clarify and improve the
interagency consultation processes, while continuing to provide for the
conservation of listed species. See description above under RIN 1018-
BF95 for public engagement efforts.
Regulations Pertaining to Endangered and Threatened Wildlife and
Plants, Final Rule (1018-BF88)
On June 22, 2023, FWS proposed to revise our regulations concerning
protections of endangered species and threatened species under the ESA
(88 FR 40742). We proposed to reinstate the general application of the
``blanket rule'' option for protecting newly listed threatened species
pursuant to section 4(d) of the Act, with the continued option to
promulgate species-specific rules. We also proposed to extend to
federally recognized Tribes certain regulatory exceptions currently
provided to the employees or agents of the Service and other Federal
and State agencies to aid, salvage, or dispose of threatened species.
We also requested comments on an additional provision that would extend
to federally recognized Tribes the exceptions to prohibitions for
threatened species that the regulations currently provide to employees
or agents of the Service, NMFS, and State agencies for take associated
with conservation-related activities. See description above under RIN
1018-BF95 for public engagement efforts.
Wildlife and Fisheries; Compensatory Mitigation Mechanisms, Proposed
Rule (1018-BF63)
FWS will propose to establish regulations covering objectives,
standards, and criteria for review and approval of compensatory
mitigation programs and projects intended to offset, or compensate for,
unavoidable impacts to federally listed, proposed, or at-risk species
and designated critical habitat pursuant to the ESA. The proposed rule
will advance the purposes of the ESA by promoting the effective,
consistent, transparent, and predictable delivery of compensatory
mitigation.
Endangered Species Act Section 10 Regulations; Enhancement of Survival
and Incidental Take Permits, Final Rule (1018-BF99)
On February 9, 2023, FWS proposed to revise the regulations
concerning the issuance of enhancement of survival and incidental take
permits under the ESA (88 FR 8380). The purposes were to clarify the
appropriate use of these permit types; clarify our authority to issue
these permits for non-listed species without also including a listed
species; simplify the requirements for enhancement of survival permits
by combining safe harbor agreements and candidate conservation
agreements with assurances into one agreement type; and include
portions of our policies for safe harbor agreements, candidate
conservation agreements with assurances, and habitat conservation plans
in the regulations to reduce uncertainty. The proposed regulatory
changes are intended to reduce costs and time associated with
developing the application materials. We anticipate that these
improvements will encourage more engagement in these voluntary
programs, thereby generating greater conservation results overall.
The final rule will incorporate and address public comments
received in response to the proposed rule and informational webinars
held with State agencies and Tribal nations.
Establishment of a Nonessential Experimental Population of Gray Wolf in
the State of Colorado, Final Rule (1018-BG79)
On February 17, 2023, FWS proposed to establish a nonessential
experimental population (NEP) of the gray wolf (Canis lupus) in
Colorado, under section 10(j) of the ESA (88 FR 10258). Establishment
of this NEP will facilitate the State of Colorado's reintroduction of
gray wolves and provide for allowable legal incidental taking of the
gray wolf within the NEP area. The best available data indicate that
reintroduction of the gray wolf into Colorado is biologically feasible
and will promote the conservation of the species.
FWS held four public information meetings during a 60-day public
comment period. The final determination will be based on consideration
of public comments and peer review received in response to the proposed
rule.
Revision to the Section 4(d) Rule for the African Elephant, Final Rule
(1018-BG66)
On November 17, 2022, FWS proposed to revise the current
regulations for the African elephant (Loxodonta africana) promulgated
under section 4(d) of the ESA (87 FR 68975). The purposes of this
rulemaking action are to: (1) Increase protection for African elephants
in response to the recent rise in international trade of live African
elephants from range countries by establishing ESA permit requirements
and enhancement standards for trade in live African elephants, (2)
clarify the existing enhancement requirement during our evaluation of
the application for a permit to import African elephant sport-hunted
trophies, and (3) incorporate a Party's designation under the
Convention on International Trade in Endangered Species of Wild Fauna
and
[[Page 9410]]
Flora (CITES) National Legislation Project into the decision-making
process for the import of live African elephants, African elephant
sport-hunted trophies, and African elephant parts and products.
FWS conducted a virtual public hearing on January 5, 2023. The
virtual public hearing was conducted in multiple languages, and several
foreign countries expressed comments. The comment period for the
proposed rule was extended due to comments expressed during the virtual
public hearing. In addition to the public hearing, the agency has
conducted several calls with foreign countries that have a stake in the
proposed rulemaking.
Maintaining the Biological Integrity, Diversity, and Environmental
Health of the National Wildlife Refuge System, Proposed Rule (1018-
BG78)
FWS will propose to promulgate regulations directing the management
of the National Wildlife Refuge System (NWRS) to promote the biological
integrity, diversity, and environmental health of all lands and waters
under the jurisdiction of the NWRS. These regulations would be based on
language in the National Wildlife Refuge System Administration Act of
1966, as amended by the National Wildlife Refuge System Improvement Act
of 1997, directing the Service to ensure that the biological integrity,
diversity, and environmental health of the System are maintained for
the benefit of present and future generations of Americans.
National Wildlife Refuge System; Station-Specific Hunting and Sport
Fishing Regulations, 2023-24, Final Rule (1018-BG71)
On June 23, 2023, FWS proposed to make additions and revisions to
station-specific regulations and expand hunting and sport fishing
opportunities for the 2023-24 hunting and sport fishing season (88 FR
41058). This action is part of an annual update for the national
wildlife refuge system and the national fish hatchery system that
ensures adequate public notice of openings and changes. These changes
and openings enhance conservation stewardship and outdoor recreation
and improve the management of game species and their habitat. FWS
operates hunting and sport fishing programs on refuges to implement
congressional directives to facilitate compatible priority wildlife-
dependent recreational opportunities. Although hatcheries are not part
of the national wildlife refuge system, by regulation, the
administrative provisions of refuge regulations are applied to national
fish hatchery areas.
FWS coordinated closely with the Association of Fish and Wildlife
Agencies when developing the proposed rule. FWS also engaged with
stakeholder groups through the Hunting and Wildlife Conservation
Council for input on hunting and fishing programs on FWS lands and
waters.
National Park Service
The NPS preserves the natural and cultural resources and values
within 425 units of the National Park System encompassing more than 85
million acres of lands and waters for the enjoyment, education, and
inspiration of this and future generations. The NPS also cooperates
with partners to extend the benefits of resource conservation and
outdoor recreation throughout the United States and the world.
Regulatory and Deregulatory Actions
In 2023, NPS completed the following rulemakings:
Mount Rainier National Park; Fishing (1024-AE66)
This final rule which published on January 20, 2023 (88 FR 3659),
removed from the Code of Federal Regulations special fishing
regulations for Mount Rainier National Park, including those that
restrict the take of nonnative species. Instead, the National Park
Service will publish closures and restrictions related to fishing in
the Superintendent's Compendium for the park. This action helps
implement a 2018 Fish Management Plan that aims to conserve native fish
populations and restore aquatic ecosystems by reducing or eliminating
nonnative fish.
In the coming year, NPS will prioritize the following rulemaking
actions:
Native American Graves Protection and Repatriation Act Systematic
Process for Disposition and Repatriation of Native American Human
Remains, Funerary Objects, Sacred Objects, and Objects of Cultural
Patrimony (1024-AE19)
This final rule will revise the NAGPRA implementing regulations. On
October 18, 2022, the NPS published the proposed rule ``Native American
Graves Protection and Repatriation Act Systematic Process for
Disposition and Repatriation of Native American Human Remains, Funerary
Objects, Sacred Objects, and Objects of Cultural Patrimony,'' (87 FR
63202). This rule eliminates ambiguities, corrects inaccuracies,
simplifies excessively burdensome and complicated requirements,
clarifies timelines, and removes offensive terminology in the existing
regulations that have inhibited the respectful repatriation of most
Native American human remains. This rule will simplify and improve the
regulatory process for repatriation and thereby advance the goals of
racial justice, equity, and inclusion. The Department received Tribal
government input through consultations and listening sessions held
under Executive Order 13175 criteria and the Department's policy on
meaningful communication and collaboration with Tribal officials.
Alaska; Hunting and Trapping in National Preserves (1024-AE70)
This rule would amend NPS regulations for sport hunting and
trapping in national preserves in Alaska. This rule would prohibit
certain harvest practices, including bear baiting; and prohibit
predator control or predator reduction on national preserves.
Bureau of Reclamation
The Bureau of Reclamation's (Reclamation) mission is to manage,
develop, and protect water and related resources in an environmentally
and economically sound manner in the interest of the American public.
To accomplish this mission, Reclamation employs management,
engineering, and science to achieve effective and environmentally
sensitive solutions.
Reclamation's projects provide irrigation water service; municipal
and industrial water supply; hydroelectric power generation; water
quality improvement; groundwater management; fish and wildlife
enhancement; outdoor recreation; flood control; navigation; river
regulation and control; system optimization; and related uses. In
addition, Reclamation continues to provide increased security at its
facilities.
Regulatory and Deregulatory Actions
In the coming year, Reclamation will prioritize the following
rulemaking action:
Public Conduct on Bureau of Reclamation Facilities, Lands and
Waterbodies (1006-AA58)
The proposed rule published on February 16, 2023 (88 FR 10070). The
final rule, targeted to publish on or before November 2023, will revise
existing definitions for the use of aircraft; the possession of
firearms, update regulations on camping, swimming, and winter
recreation for the wide range of circumstances found across
Reclamation; and would clarify the permitting of memorials and
[[Page 9411]]
reburials on Reclamation lands. During the proposed rule stage,
Reclamation held three tribal consultations in April and May 2022, with
invites to all 287 western state Tribes, and Tribal comments were
incorporated into this update.
DOI--OFFICE OF NATURAL RESOURCES REVENUE (ONRR)
Proposed Rule Stage
108. ONRR Designation Form for Payment Responsibility [1012-AA33]
Priority: Other Significant.
Legal Authority: 5 U.S.C. 301 et seq.; 30 U.S.C. 181 et seq.; 30
U.S.C. 351 et seq.; 30 U.S.C. 1001 et seq.; 30 U.S.C. 1701 et seq.; 31
U.S.C. 3335; 31 U.S.C. 3711; 31 U.S.C. 3716 to 3718; 31 U.S.C. 3720A;
31 U.S.C. 9701; 43 U.S.C. 1301 et seq.; 43 U.S.C. 1331 et seq.; 43
U.S.C. 1801 et seq.
CFR Citation: None.
Legal Deadline: None.
Abstract: ONRR proposes to amend its regulations and revise its
form for designating a designee for a Federal oil and gas lease. This
action opens a 60-day comment period to allow interested parties to
comment on the proposed rule and its information collection
requirements.
Statement of Need: ONRR proposes to amend its regulations and
revise its form for designating a designee for a Federal oil and gas
lease. This action opens a 60-day comment period to allow interested
parties to comment on the proposed rule and its information collection
requirements.
Summary of Legal Basis: 5 U.S.C. 301 et seq., 30 U.S.C. 181 et
seq., 30 U.S.C. 351 et seq., 30 U.S.C. 1001 et seq., 30 U.S.C. n1701 et
seq., 31 U.S.C. 3335, 31 U.S.C. 3711, 31 U.S.C. 3716 to 3718, 31 U.S.C.
3720A, 31 U.S.C. n9701, 43 U.S.C. 1301 et seq., 43 U.S.C. 1331 et seq.,
and 43 U.S.C. 1801 et seq.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/23
NPRM Comment Period End............. 01/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Luis Aguilar, Regulatory Specialist, Department of
the Interior, Office of Natural Resources Revenue, Denver Federal
Center West, 6th Avenue and Kipling Street, Building 85, MS 64400B,
Denver, CO 80225, Phone: 303 231-3418, Email: [email protected].
RIN: 1012-AA33
DOI--BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT (BSEE)
Proposed Rule Stage
109. Oil-Spill Response Requirements for Facilities Located Seaward of
the Coast Line Proposed Rule [1014-AA44]
Priority: Other Significant.
Legal Authority: Federal Water Pollution Control Act, 33 U.S.C.
1321; Oil Pollution Act of 1990, 33 U.S.C. 2701 et seq.; Outer
Continental Shelf Lands Act, 42 U.S.C. 1331 et seq.
CFR Citation: 30 CFR 254 (proposed rewrite of 254).
Legal Deadline: None.
Abstract: This proposed rule would identify opportunities for
updating Oil Spill Response Requirements regulations, in 30 CFR part
254, last updated 22 years ago (62 FR 13996, Mar. 25, 1997). This
proposed rule would codify industry best practices, BSEE policy, and
regulatory guidance for oil spill response planning and operations.
This proposed rule would also streamline the oil spill response
planning requirements, clarify equipment and operational capabilities,
and address requirements from other applicable laws and technological
advancements to reflect oil spill response best practices and advance
safety and protection of the environment.
Statement of Need: This proposed rule would identify opportunities
for updating Oil Spill Response Requirements regulations, in 30 CFR
part 254, last updated 22 years ago (62 FR 13996, Mar. 25, 1997). This
proposed rule would codify industry best practices, BSEE policy, and
regulatory guidance for oil spill response planning and operations.
Summary of Legal Basis: Federal Water Pollution Control Act, 33
U.S.C. 1321, Oil Pollution Act of 1990, 33 U.S.C. 2701 et seq., Outer
Continental Shelf Lands Act, 42 U.S.C. 1331 et seq.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/23
NPRM Comment Period End............. 03/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Kirk Malstrom, Chief, Regulations and Standards
Branch, Department of the Interior, Bureau of Safety and Environmental
Enforcement, 45600 Woodland Road, Sterling, VA 20166, Phone: 703 787-
1751, Fax: 703 787-1555, Email: [email protected].
RIN: 1014-AA44
DOI--BSEE
110. Revisions to Subpart J--Pipelines and Pipeline Rights-of-Way
Proposed Rule [1014-AA45]
Priority: Other Significant. Major under 5 U.S.C. 801.
Legal Authority: 43 U.S.C. 1331 to 1356a, Outer Continental Shelf
Lands Act
CFR Citation: Not Yet Determined.
Legal Deadline: None.
Abstract: This proposed rule would identify opportunities for
improving safety, environmental protections, and equipment reliability,
within the Pipelines and Pipeline Rights-of-Way regulations under 30
CFR 250 subpart J. This rule would incorporate several guidance
documents and conditions of approval and update industry standards
incorporated by reference into the regulations. This rulemaking rule
would result in an up-to-date set of pipeline regulations that reflect
current industry practices and BSEE policies that address topics such
as pipeline permitting, design, installation, maintenance, inspections,
and decommissioning.
Statement of Need: This proposed rule would identify opportunities
for improving safety, environmental protections, and equipment
reliability, within the Pipelines and Pipeline Rights-of-Way
regulations under 30 CFR 250 subpart J. This rule would incorporate
several guidance documents and conditions of approval and update
industry standards incorporated by reference into the regulations. This
rulemaking rule would result in an up-to-date set of pipeline
regulations that reflect current industry practices and BSEE policies
that address topics such as pipeline permitting, design, installation,
maintenance, inspections, and decommissioning.
Summary of Legal Basis: 43 U.S.C. 1331 to 1356a, Outer Continental
Shelf Lands Act.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/24
NPRM Comment Period End............. 03/00/24
------------------------------------------------------------------------
[[Page 9412]]
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Kirk Malstrom, Chief, Regulations and Standards
Branch, Department of the Interior, Bureau of Safety and Environmental
Enforcement, 45600 Woodland Road, Sterling, VA 20166, Phone: 703 787-
1751, Fax: 703 787-1555, Email: [email protected].
RIN: 1014-AA45
DOI--BSEE
Final Rule Stage
111. Outer Continental Shelf Lands Act; Operating in High-Pressure and/
or High-Temperature (HPHT) Environments [1014-AA49]
Priority: Other Significant.
Legal Authority: Outer Continental Shelf Lands Act (OCSLA), 43
U.S.C. 1331 to 1356a
CFR Citation: Not Yet Determined.
Legal Deadline: None.
Abstract: This rule will formally codify BSEE's existing process
for reviewing and approving projects in high pressure and/or high
temperature (HPHT) environments. Currently, BSEE reviews and approves
HPHT projects under its existing regulations. Based on these
regulations, BSEE issued multiple guidance documents clarifying the
specific HPHT information prospective operators should submit to BSEE
to support the bureau's programmatic reviews and approvals of such
projects.
Statement of Need: This rule will formally codify BSEE's existing
process for reviewing and approving projects in high pressure and/or
high temperature (HPHT) environments. Currently, BSEE reviews and
approves HPHT projects under its existing regulations. Based on these
regulations, BSEE issued multiple guidance documents clarifying the
specific HPHT information prospective operators should submit to BSEE
to support the bureau's programmatic reviews and approvals of such
projects.
Summary of Legal Basis: Outer Continental Shelf Lands Act (OCSLA),
43 U.S.C. 1331 to 1356a.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/16/22 87 FR 29790
NPRM Comment Period End............. 07/01/22
Final Action........................ 11/00/23
Final Action Effective.............. 01/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Kirk Malstrom, Chief, Regulations and Standards
Branch, Department of the Interior, Bureau of Safety and Environmental
Enforcement, 45600 Woodland Road, Sterling, VA 20166, Phone: 703 787-
1751, Fax: 703 787-1555, Email: [email protected].
RIN: 1014-AA49
DOI--ASSISTANT SECRETARY FOR LAND AND MINERALS MANAGEMENT (ASLM)
Proposed Rule Stage
112. Carbon Sequestration [1082-AA04]
Priority: Section 3(f)(1) Significant. Major status under 5 U.S.C.
801 is undetermined.
Legal Authority: Pub. L. 117-58
CFR Citation: Not Yet Determined.
Legal Deadline: Final, Statutory, November 15, 2022, Public Law
117-58.
The Infrastructure Investment and Jobs Act of 2021 (Pub. L. 117-58)
mandates that a new regulation be published within 12 months from
enactment of the legislation on November 15, 2021.
Abstract: The proposed rulemaking would address the transportation
and geologic sequestration aspects of a development, including leasing;
siting of storage reservoirs; environmental plans and mitigations;
facility and infrastructure design and installation; injection
operations; monitoring; incident response; financial assurance; and
safety. The Infrastructure Investment and Jobs Act of 2021 directed the
Department to establish regulations intended to initiate OCS activities
to accomplish carbon sequestration. This proposed joint rulemaking
between the Bureau of Ocean Energy management (BOEM) and the Bureau of
Safety and Environmental Enforcement (BSEE) would establish new
regulations to implement processes in support of safe and
environmentally responsible carbon sequestration activities on the OCS.
Statement of Need: The proposed rulemaking would address the
transportation and geologic sequestration aspects of a development,
including leasing; siting of storage reservoirs; environmental plans
and mitigations; facility and infrastructure design and installation;
injection operations; monitoring; incident response; financial
assurance; and safety. The Infrastructure Investment and Jobs Act of
2021 directed the Department to establish regulations intended to
initiate Outer Continental Shelf (OCS) activities to accomplish carbon
sequestration. This proposed joint rulemaking between the Bureau of
Ocean Energy management (BOEM) and the Bureau of Safety and
Environmental Enforcement (BSEE) would establish new regulations to
implement processes in support of safe and environmentally responsible
carbon sequestration activities on the OCS.
Summary of Legal Basis: Public Law 117-58.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Small Entities Affected: Businesses.
Government Levels Affected: Undetermined.
Federalism: Undetermined.
Agency Contact: Stacey Noem, Chief, Office of Offshore Regulatory
Programs, Department of the Interior, Assistant Secretary for Land and
Minerals Management, 456000 Woodland Road, Sterling, VA 20166, Phone:
703 787-1222, Email: [email protected].
Related RIN: Related to 1082-AA04
RIN: 1082-AA04
DOI--ASSISTANT SECRETARY FOR POLICY, MANAGEMENT AND BUDGET (ASPMB)
Proposed Rule Stage
113. Department of the Interior Acquisition Regulation Governance
Titles [1090-AB25]
Priority: Other Significant.
Legal Authority: 41 U.S.C. 1702
CFR Citation: 48 CFR 1.301; 48 CFR 1401.301.
Legal Deadline: None.
Abstract: The Office of Acquisition and Property Management would
propose changes to the Department of the Interior Acquisition
Regulation to update its nomenclature to align with recent changes to
agency procurement governance. This proposal would enable acquisition
programs to more efficiently meet the Department's mission needs and
comply with all applicable law and regulations.
Statement of Need: This proposed rule would change the Department
of the Interior Acquisition Regulations to update its nomenclature to
align with recent changes to agency procurement governance. This
proposal would enable
[[Page 9413]]
acquisition programs to more efficiently meet the Department's mission
needs and comply with all applicable law and regulations.
Summary of Legal Basis: 41 U.S.C. 1702.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/23
NPRM Comment Period End............. 01/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Antonia Giammo, Senior Procurement Analyst--Office
of Acquisition and Property Management, Department of the Interior,
Assistant Secretary for Policy, Management and Budget, 1849 C Street
NW, Washington, DC 20240, Phone: 202 208-5250, Email:
[email protected].
RIN: 1090-AB25
DOI--ASPMB
114. Natural Resource Damages for Hazardous Substances [1090-AB26]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: 42 U.S.C. secs. 9601 et seq. 104, 107, 111 (i),
122
CFR Citation: 40 CFR 300.600; 43 CFR 11.
Legal Deadline: None.
Abstract: This proposal would update the existing Type A Rule of
the CERCLA Natural Resource Damage Assessment and Restoration (NRDAR)
regulations so it could be used in different environments and include
methodologies which are not technology specific. Adjustments would also
be made to the rebuttable presumption for Type A procedures which is
currently limited to damages of $100,000 or less.
Statement of Need: This proposed rule would update the existing
Type A Rule of the CERCLA Natural Resource Damage Assessment and
Restoration (NRDAR) regulations so it could be used in different
environments and include methodologies which are not technology
specific. Adjustments would also be made to the rebuttable presumption
for Type A procedures which is currently limited to damages of $100,000
or less.
Summary of Legal Basis: 42 U.S.C. secs. 9601 et seq., 42 U.S.C.
104, 42 U.S.C. 107, 42 U.S.C. 111 (i), and 42 U.S.C. 122.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 01/19/23 88 FR 3373
ANPRM Comment Period End............ 03/20/23
NPRM................................ 11/00/23
NPRM Comment Period End............. 01/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: Federal, Local, State, Tribal.
Agency Contact: Emily Joseph, Director, Office of Restoration and
Damage Assessment, Department of the Interior, Assistant Secretary for
Policy, Management and Budget, 1849 C Street NW, Washington, DC 20240,
Phone: 202 208-4438, Email: [email protected].
Related RIN: Related to 1090-AB17
RIN: 1090-AB26
DOI--ASPMB
115. Privacy Act Exemption for Interior/DOI-10, DOI Law
Enforcement Records Management System (LERMS) [1090-AB28]
Priority: Other Significant.
Legal Authority: 5 U.S.C 552a(k)
CFR Citation: 43 CFR 2.254.
Legal Deadline: None.
Abstract: This proposed rule would revise the Department's Privacy
Act regulations at 43 CFR 2.254 to claim exemptions for certain records
in the INTERIOR/DOI-10, DOI Law Enforcement Records Management System
(LERMS), system of records from one or more provisions of the Privacy
Act of 1974 pursuant to 5 U.S.C. 552a(k), because of criminal, civil or
administrative law enforcement requirements.
Statement of Need: This proposed rule would revise the Department's
Privacy Act regulations at 43 CFR 2.254 to claim exemptions for certain
records in the INTERIOR/DOI-10, DOI Law Enforcement Records Management
System (LERMS), system of records from one or more provisions of the
Privacy Act of 1974 pursuant to 5 U.S.C. 552a(k), because of criminal,
civil or administrative law enforcement requirements.
Summary of Legal Basis: 5 U.S.C. 552a(k).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/23
NPRM Comment Period End............. 02/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Teri Barnett, Departmental Privacy Officer,
Cybersecurity Division, Department of the Interior, 1849 C Street NW,
Office of the Chief Information Officer, Room 7112, Washington, DC
20240, Phone: 202 208-1943, Email: [email protected].
Related RIN: Related to 1090-AB02
RIN: 1090-AB28
DOI--ASPMB
Final Rule Stage
116. Privacy Act Exemption for Interior/OIG-02 Investigative Records
[1090-AB27]
Priority: Other Significant.
Legal Authority: 5 U.S.C.552a(k)
CFR Citation: 43 CFR 2.254.
Legal Deadline: None.
Abstract: This proposed rule would amend the DOI Privacy Act
regulations at 43 CFR 2.254 to exempt certain records in the INTERIOR/
OIG-02, Investigative Records, system of records from one or more
provisions of the Privacy Act to protect investigatory records pursuant
to 5 U.S.C. 552a(k). In order to claim the exemptions and meet the
requirements of the Privacy Act, DOI will publish a Notice of Proposed
Rulemaking and a Final Rule in the Federal Register.
Statement of Need: This proposed rule would amend the DOI Privacy
Act regulations at 43 CFR 2.254 to exempt certain records in the
INTERIOR/OIG-02, Investigative Records, system of records from one or
more provisions of the Privacy Act to protect investigatory records
pursuant to 5 U.S.C. 552a(k). In order to claim the exemptions and meet
the requirements of the Privacy Act, DOI will publish a Notice of
Proposed Rulemaking and a Final Rule in the Federal Register.
Summary of Legal Basis: 5 U.S.C.552a(k).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/13/23 88 FR 44748
NPRM Comment Period End............. 09/11/23
Final Action........................ 11/00/23
Final Action Effective.............. 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
[[Page 9414]]
Agency Contact: Teri Barnett, Departmental Privacy Officer,
Cybersecurity Division, Department of the Interior, 1849 C Street NW,
Office of the Chief Information Officer, Room 7112, Washington, DC
20240, Phone: 202 208-1943, Email: [email protected].
RIN: 1090-AB27
DOI--OFFICE OF HEARINGS AND APPEALS (OHA)
Proposed Rule Stage
117. Office of Hearings And Appeals (OHA) Rule [1094-AA57]
Priority: Other Significant.
Legal Authority: 5 U.S.C. 301 (2018); 43 U.S.C. 1457c (2018)
CFR Citation: 43 CFR 4.
Legal Deadline: None.
Abstract: The Office of Hearings and Appeals (OHA) proposes a
Notice and Comment Rulemaking to modernize and clarify its regulations
governing hearings and appeals before the Interior Board of Land
Appeals (IBLA), the Interior Board of Indian Appeals (IBIA), the
Departmental Cases Hearings Division (DCHD), and the OHA Director. OHA
is proposes this regulatory action to update outdated provisions, make
process improvements, and provide a more modernized and logical
hearings and appeals process.
Statement of Need: The Office of Hearings and Appeals (OHA)
proposes a Notice and Comment Rulemaking to modernize and clarify its
regulations governing hearings and appeals before the Interior Board of
Land Appeals (IBLA), the Interior Board of Indian Appeals (IBIA), the
Departmental Cases Hearings Division (DCHD), and the OHA Director. OHA
proposes this regulatory action to update outdated provisions, make
process improvements, and provide a more modernized and logical
hearings and appeals process.
Summary of Legal Basis: 5 U.S.C. 301 (2018) and 43 U.S.C. 1457c
(2018).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/23
NPRM Comment Period End............. 01/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: Federal, Local, State.
Agency Contact: Rachel Lukens, Counsel to the Director, Department
of the Interior, Office of Hearings and Appeals, 801 N Quincy Street,
#300, Arlington, VA 22203, Phone: 703 223-9934, Email:
[email protected].
RIN: 1094-AA57
DOI--UNITED STATES FISH AND WILDLIFE SERVICE (FWS)
Proposed Rule Stage
118. Wildlife and Fisheries; Compensatory Mitigation Mechanisms [1018-
BF63]
Priority: Other Significant.
Legal Authority: 16 U.S.C. 1531 et seq.; Pub. L. 116-283
CFR Citation: 50 CFR 413.
Legal Deadline: None.
Abstract: This rulemaking action would address section 329 of the
National Defense Authorization Act for Fiscal Year 2021, Objectives,
Performance Standards, and Criteria for Use of Wildlife Conservation
Banking Programs (NDAA 2021), which states that, to the maximum extent
practicable, the regulatory standards and criteria shall maximize
available credits and opportunities for mitigation, provide flexibility
for characteristics of various species, and apply equivalent standards
and criteria to all mitigation banks.
Statement of Need: This rulemaking action will address section 329
of the National Defense Authorization Act for Fiscal Year 2021,
Objectives, Performance Standards, and Criteria for Use of Wildlife
Conservation Banking Programs (NDAA 2021), which states that, to the
maximum extent practicable, the regulatory standards and criteria shall
maximize available credits and opportunities for mitigation, provide
flexibility for characteristics of various species, and apply
equivalent standards and criteria to all mitigation banks.
Summary of Legal Basis: 16 U.S.C. 1531 et seq., Pub. L. 116-283.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 07/27/22 87 FR 45076
ANPRM Comment Period End............ 09/26/22
NPRM................................ 01/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal.
Agency Contact: Craig Aubrey, Chief, Division of Environmental
Review, Ecological Services Program, Department of the Interior, United
States Fish and Wildlife Service, 5275 Leesburg Pike, MS: ES, Falls
Church, VA 22041, Phone: 703 358-2442, Fax: 703 358-1800, Email:
[email protected].
RIN: 1018-BF63
DOI--FWS
119. Migratory Bird Permits; Authorizing the Incidental Take of
Migratory Birds, Proposed Rule [1018-BF71]
Priority: Section 3(f)(1) Significant.
Legal Authority: 16 U.S.C. 703 et seq.
CFR Citation: 50 CFR 21.
Legal Deadline: None.
Abstract: This proposed rulemaking action would amend FWS
regulations by providing definitions to terms used in the Migratory
Bird Treaty Act, as amended (MBTA). The proposed rule would clarify
that the MBTA's prohibitions on taking and killing migratory birds
includes foreseeable, direct taking and killing that is incidental to
other activities. The proposed rule would also establish authorizations
for otherwise prohibited take of migratory birds.
Statement of Need: This proposed rulemaking action would amend FWS
regulations by providing definitions to terms used in the Migratory
Bird Treaty Act, as amended (MBTA). The proposed rule would clarify
that the MBTA's prohibitions on taking and killing migratory birds
includes foreseeable, direct taking and killing that is incidental to
other activities. The proposed rule would also establish authorizations
for otherwise prohibited take of migratory birds.
Summary of Legal Basis: 16 U.S.C. 703 et seq.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 10/04/21 86 FR 54667
ANPRM Comment Period End............ 12/03/21
NPRM................................ 11/00/23
Final Action........................ 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Agency Contact: Jerome Ford, Assistant Director--Migratory Bird
Program, Department of the Interior, United States Fish and Wildlife
Service, 5275 Leesburg Pike, MS-MB, Falls Church, VA 22041-3803, Phone:
703 358-1050, Email: [email protected].
RIN: 1018-BF71
[[Page 9415]]
DOI--FWS
120. Maintaining the Biological Integrity, Diversity, and Environmental
Health of the National Wildlife Refuge System, Proposed Rule [1018-
BG78]
Priority: Other Significant.
Legal Authority: 5 U.S.C. 301; 16 U.S.C. 460k; 16 U.S.C. 664; 16
U.S.C. 668dd-668ee; 16 U.S.C. 715i; Pub. L. 115-20
CFR Citation: 50 CFR 29.
Legal Deadline: None.
Abstract: FWS proposes to promulgate regulations directing the
management of the National Wildlife Refuge System (NWRS) to promote the
biological integrity, diversity, and environmental health of all lands
and waters under the jurisdiction of the NWRS. These regulations would
be based on language in the National Wildlife Refuge System
Administration Act of 1966, as amended by the National Wildlife Refuge
System Improvement Act of 1997, directing the Service to ensure that
the biological integrity, diversity, and environmental health of the
System are maintained for the benefit of present and future generations
of Americans. FWS has intentionally coordinated with State and Tribal
partners to develop the proposed regulations. FWS solicited comments
from States through the Association of Fish and Wildlife Agencies
(AFWA) and held three meetings with AFWA and State leadership to
discuss the proposed regulations. FWS also held two public webinars for
Tribal partners across the country to discuss the proposed regulations
and to gain their feedback.
Statement of Need: FWS proposes to promulgate regulations directing
the management of the National Wildlife Refuge System (NWRS) to promote
the biological integrity, diversity, and environmental health of all
lands and waters under the jurisdiction of the NWRS. These regulations
would be based on language in the National Wildlife Refuge System
Administration Act of 1966, as amended by the National Wildlife Refuge
System Improvement Act of 1997, directing the Service to ensure that
the biological integrity, diversity, and environmental health of the
System are maintained for the benefit of present and future generations
of Americans.
Summary of Legal Basis: 5 U.S.C. 301, 16 U.S.C. 460k, 16 U.S.C.
664, 16 U.S.C. 668dd-668ee, 16 U.S.C. 715i, and Public Law 115-20.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Agency Contact: Katherine Harrigan, Sportsmen's Access Coordinator,
Department of the Interior, United States Fish and Wildlife Service,
Branch of Conservation Policy and Planning, National Wildlife Refuge
System, 5275 Leesburg Pike, Falls Church, VA 22041-3803, Phone: 703
358-2440, Email: [email protected].
RIN: 1018-BG78
DOI--FWS
Final Rule Stage
121. Permits for Incidental Take of Eagles and Eagle Nests, Final Rule
[1018-BE70]
Priority: Other Significant.
Legal Authority: 16 U.S.C. 668 to 668d
CFR Citation: 50 CFR 22.
Legal Deadline: Other, Judicial, September 15, 2021, For submission
of an advance notice of proposed rulemaking to OFR.
NPRM, Judicial, September 16, 2022.
Final, Judicial, January 31, 2024.
Abstract: FWS will finalize a proposed rule that set forth
potential approaches for expediting and simplifying the permit process
authorizing incidental take of eagles. The proposed rule would revise
the regulations authorizing eagle incidental take and eagle nest take
permits to increase the efficiency and effectiveness of permitting,
facilitate and improve compliance, and increase the conservation
benefit for eagles. The proposed rule would create general eagle
permits for certain activities under prescribed conditions in addition
to specific eagle permits authorized under current regulations.
Statement of Need: FWS will finalize a proposed rule that set forth
potential approaches for expediting and simplifying the permit process
authorizing incidental take of eagles. The rule will revise the
regulations authorizing eagle incidental take and eagle nest take
permits to increase the efficiency and effectiveness of permitting,
facilitate and improve compliance, and increase the conservation
benefit for eagles. The rule will create general eagle permits for
certain activities under prescribed conditions in addition to specific
eagle permits authorized under current regulations.
Summary of Legal Basis: 16 U.S.C. 668 to 668d.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 09/14/21 86 FR 51094
ANPRM Comment Period End............ 10/29/21
NPRM................................ 09/30/22 87 FR 59598
NPRM Comment Period Extended........ 11/28/22 87 FR 72957
NPRM Comment Period End............. 11/29/22
NPRM Comment Period Extended End.... 12/29/22
Final Action........................ 01/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Local, State, Tribal.
Agency Contact: Dr. Eric L. Kershner, Chief, Division of
Conservation, Permits, and Regulations, Department of the Interior,
United States Fish and Wildlife Service, 5275 Leesburg Pike, MS: MB,
Falls Church, VA 22041, Phone: 703 358-2376, Fax: 703 358-2217, Email:
[email protected].
RIN: 1018-BE70
DOI--FWS
122. Regulations Pertaining to Endangered and Threatened Wildlife and
Plants [1018-BF88]
Priority: Other Significant.
Legal Authority: 16 U.S.C. 1531 et seq.
CFR Citation: 50 CFR 17.
Legal Deadline: None.
Abstract: Per section 2 of the Executive Order on Protecting Public
Health and the Environment and Restoring Science to Tackle the Climate
Crisis (E.O.13990), the Department of the Interior (the Department)
initiated a review of the previous rulemaking action with the title,
``Endangered and Threatened Wildlife and Plants; Regulations for
Prohibitions to Threatened Wildlife and Plants'' (84 FR 44753; August
27, 2019) that revised portions of the regulations that address
prohibition and protective regulations regarding the conservation of
endangered and threatened species of fish, wildlife, and plants. As a
result of that review, the Department proposed to revise those
regulations (88 FR 40742, June 22, 2023) and after publication of that
proposal, delivered a series of informational sessions to stakeholders
including: Federal agencies, State agencies, federally recognized
Tribes, Native Hawaiian community leaders, non-governmental
organizations, conservation partners, industry groups, and Pacific
Islander community leaders. FAQs and a recording of the presentation
can be viewed on the
[[Page 9416]]
website https://fws.gov/project/endangered-species-act-regulation-revisions.
Statement of Need: Per section 2 of the Executive Order on
Protecting Public Health and the Environment and Restoring Science to
Tackle the Climate Crisis (E.O.13990), the Department of the Interior
(the Department) initiated a review of the previous rulemaking action
with the title, ``Endangered and Threatened Wildlife and Plants;
Regulations for Prohibitions to Threatened Wildlife and Plants (84 FR
44753; August 27, 2019) that revised portions of the regulations that
address prohibition and protective regulations regarding the
conservation of endangered and threatened species of fish, wildlife,
and plants. As a result of that review, the Department proposed a new
rulemaking.
Summary of Legal Basis: 16 U.S.C. 1531 et seq.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/22/23 88 FR 40742
NPRM Comment Period End............. 08/21/23
Final Action........................ 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal, State.
Agency Contact: Carey Galst, Chief, Branch of Listing Policy and
Support, Department of the Interior, United States Fish and Wildlife
Service, Ecological Services Program, 5275 Leesburg Pike, MS: ES, Falls
Church, VA 22041-3803, Phone: 703 358-1954, Fax: 703 358-1954, Email:
[email protected].
RIN: 1018-BF88
DDOI--FWS
123. Regulations for Listing Endangered and Threatened Species and
Designating Critical Habitat, Final Rule [1018-BF95]
Priority: Other Significant.
Legal Authority: 16 U.S.C. 1531 et seq.
CFR Citation: 50 CFR 424.
Legal Deadline: None.
Abstract: Per section 2 of the Executive Order on Protecting Public
Health and the Environment and Restoring Science to Tackle the Climate
Crisis (E.O. 13990), and subsequent Fact Sheet: List of Agency Actions
for Review, the Departments of Commerce and the Interior (the
Departments) initiated a review of the previous rulemaking action with
the title, ``Endangered and Threatened Wildlife and Plants; Regulations
for Listing Species and Designating Critical Habitat'' (84 FR 45020;
August 27, 2019) that revised the regulations for adding and removing
species from the Lists of Endangered and Threatened Wildlife and Plants
and clarified procedures for designating critical habitat. As a result
of that review, the Departments proposed to revise those regulations
(88 FR 40764, June 22, 2023), and after publication of that proposal,
delivered a series of informational sessions to stakeholders including:
Federal agencies, State agencies, federally recognized Tribes, Native
Hawaiian community leaders, non-governmental organizations,
conservation partners, industry groups, and Pacific Islander community
leaders. FAQs and a recording of the presentation can be viewed on the
website https://fws.gov/project/endangered-species-act-regulation-revisions.
Statement of Need: Per section 2 of the Executive Order on
Protecting Public Health and the Environment and Restoring Science to
Tackle the Climate Crisis (E.O. 13990), and subsequent Fact Sheet: List
of Agency Actions for Review, the Departments of Commerce and the
Interior (the Departments) initiated a review of the previous
rulemaking action with the title, ``Endangered and Threatened Wildlife
and Plants; Regulations for Listing Species and Designating Critical
Habitat'' (84 FR 45020; August 27, 2019), that revised the regulations
for adding and removing species from the Lists of Endangered and
Threatened Wildlife and Plants and clarified procedures for designating
critical habitat. As a result of that review, the Departments proposed
a new rulemaking.
Summary of Legal Basis: 16 U.S.C. 1531 et seq.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/22/23 88 FR 40764
NPRM Comment Period End............. 08/21/23
Final Action........................ 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: Federal, State.
Agency Contact: Carey Galst, Chief, Branch of Listing Policy and
Support, Department of the Interior, United States Fish and Wildlife
Service, Ecological Services Program, 5275 Leesburg Pike, MS: ES, Falls
Church, VA 22041-3803, Phone: 703 358-1954, Fax: 703 358-1954, Email:
[email protected].
Related RIN: Related to 0648-BK47
RIN: 1018-BF95
DOI--FWS
124. Endangered and Threatened Wildlife and Plants; Interagency
Cooperation [1018-BF96]
Priority: Other Significant.
Legal Authority: 16 U.S.C. 1531 et seq.
CFR Citation: 50 CFR 402.
Legal Deadline: None.
Abstract: Per section 2 of the Executive Order on Protecting Public
Health and the Environment and Restoring Science to Tackle the Climate
Crisis (E.O. 13990), and subsequent Fact Sheet: List of Agency Actions
for Review, the Departments of Commerce and the Interior (the
Departments) initiated a review of the previous rulemaking action with
the title, Endangered and Threatened Wildlife and Plants; Regulations
for Interagency Cooperation'' (84 FR 44976; August 27, 2019) that
revised portions of the regulations that implement section 7 of the
Endangered Species Act of 1973, as amended. As a result of that review,
the Departments proposed to revise those regulations (88 FR 40753; June
22, 2023), and after publication of that proposal, delivered a series
of informational sessions to stakeholders including: Federal agencies,
State agencies, federally recognized Tribes, Native Hawaiian community
leaders, non-governmental organizations, conservation partners,
industry groups, and Pacific Islander community leaders. FAQs and a
recording of the presentation can be viewed on the website https://fws.gov/project/endangered-species-act-regulation-revisions.
Statement of Need: Per section 2 of the Executive Order on
Protecting Public Health and the Environment and Restoring Science to
Tackle the Climate Crisis (E.O. 13990), and subsequent Fact Sheet: List
of Agency Actions for Review, the Departments of Commerce and the
Interior (the Departments) initiated a review of the August 27, 2019,
final rule (84 FR 44976) that revised portions of the regulations that
implement section 7 of the Endangered Species Act of 1973, as amended.
As a result of that review, the Departments proposed a new rulemaking.
Summary of Legal Basis: 16 U.S.C. 1531 et seq.
[[Page 9417]]
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/22/23 88 FR 40753
NPRM Comment Period End............. 08/21/23
Final Action........................ 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal.
Agency Contact: Craig Aubrey, Chief, Division of Environmental
Review, Ecological Services Program, Department of the Interior, United
States Fish and Wildlife Service, 5275 Leesburg Pike, MS: ES, Falls
Church, VA 22041, Phone: 703 358-2442, Fax: 703 358-1800, Email:
[email protected].
Related RIN: Related to 0648-BH41, Related to 1018-BC87
RIN: 1018-BF96
DOI--FWS
125. Endangered Species Act Section 10 Regulations; Enhancement of
Survival and Incidental Take Permits, Final Rule [1018-BF99]
Priority: Other Significant.
Legal Authority: 16 U.S.C. 1531 et seq.
CFR Citation: 50 CFR 17.
Legal Deadline: None.
Abstract: Pursuant to the Endangered Species Act of 1973 (ESA),
this final rule will revise the regulations at 50 CFR part 17 that
implement section 10(a)(1)(A) and 10(a)(1)(B) of the ESA. This section
pertains to, among other things, permit issuance for take of endangered
and threatened wildlife species. This final rule incorporates and
addresses public comments received in response to our proposed rule and
informational webinars held with State agencies and Tribal nations.
Statement of Need: Pursuant to the Endangered Species Act of 1973
(ESA), this final rule will revise the regulations at 50 CFR part 17
that implement section 10 of the ESA. This section pertains to, among
other things, permit issuance for take of endangered and threatened
wildlife species.
Summary of Legal Basis: 16 U.S.C. 1531 et seq.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/09/23 88 FR 8380
NPRM Comment Period End............. 04/10/23
Final Action........................ 02/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal.
Agency Contact: Elizabeth Maclin, Division of Restoration and
Recovery, Department of the Interior, United States Fish and Wildlife
Service, Ecological Services, 5275 Leesburg Pike, Falls Church, VA
22041-3803, Phone: 703 358-2646, Fax: 703 358-1735, Email:
[email protected].
RIN: 1018-BF99
DOI--FWS
126. Revision to the Section 4(d) Rule for the African Elephant, Final
Rule [1018-BG66]
Priority: Other Significant.
Legal Authority: 16 U.S.C. 1361 to 1407; 16 U.S.C. 1531 to 1544; 16
U.S.C. 4201 to 4245
CFR Citation: 50 CFR 17.40(e).
Legal Deadline: None.
Abstract: This rule will revise the current regulations for the
African elephant (Loxodonta africana) promulgated under section 4(d) of
the Endangered Species Act (ESA). The purposes are to: (1) Increase
protection for African elephants in response to the recent rise in
international trade of live African elephants from range countries by
establishing ESA permit requirements and enhancement standards for
trade in live African elephants, (2) clarify the existing enhancement
requirement during our evaluation of the application for a permit to
import African elephant sport-hunted trophies, and (3) incorporate a
Party's designation under the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES) National Legislation
Project into the decisionmaking process for the import of live African
elephants, African elephant sport-hunted trophies, and African elephant
parts and products. FWS conducted a virtual public hearing on January
5, 2023. The virtual public hearing was conducted in multiple
languages, and several foreign countries expressed comments. The
comment period for the proposed rule was extended due to comments
expressed during the virtual public hearing. In addition to the public
hearing, the agency has conducted several calls with foreign countries
that have a stake in the proposed rulemaking.
Statement of Need: This rule will revise the current regulations
for the African elephant (Loxodonta africana) promulgated under section
4(d) of the Endangered Species Act (ESA). The purpose is to: (1)
Increase protection for African elephants in response to the recent
rise in international trade of live African elephants from range
countries by establishing ESA permit requirements and enhancement
standards for trade in live African elephants, (2) clarify the existing
enhancement requirement during our evaluation of the application for a
permit to import African elephant sport-hunted trophies, and (3)
incorporate a Party's designation under the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES) National
Legislation Project into the decisionmaking process for the import of
live African elephants, African elephant sport-hunted trophies, and
African elephant parts and products other than ivory.
Summary of Legal Basis: 16 U.S.C. 1361 to 1407, 16 U.S.C. 1531 to
1544, and 16 U.S.C. 4201 to 4245.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/17/22 87 FR 68975
NPRM Comment Period End............. 01/23/23
NPRM Comment Period Extended........ 01/17/23 88 FR 2597
NPRM Comment Period Extended End.... 03/30/23
Final Action........................ 01/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
Agency Contact: Naimah Aziz, Manager, Division of Management
Authority, Department of the Interior United States Fish and Wildlife
Service, International Affairs, 5275 Leesburg Pike MS: IA, Falls
Church, VA 22041-3808, Phone: 571 218-5019, Email: [email protected].
RIN: 1018-BG66
DOI--FWS
127. Establishment of a Nonessential Experimental Population of the
Gray Wolf in the State of Colorado, Final Rule [1018-BG79]
Priority: Other Significant.
Legal Authority: 16 U.S.C. 1531 et seq.
CFR Citation: 50 CFR 17.
Legal Deadline: None.
Abstract: FWS will make a final determination on the proposal to
establish a nonessential experimental population (NEP) of the gray wolf
(Canis
[[Page 9418]]
lupus) in Colorado, under section 10(j) of the Endangered Species Act
of 1973, as amended (Act). Establishment of this NEP will facilitate
the State of Colorado's reintroduction of gray wolves and provide for
allowable legal incidental taking of the gray wolf within the NEP area.
The best available data indicate that reintroduction of the gray wolf
into Colorado is biologically feasible and will promote the
conservation of the species. We held four public information meetings
during a 60-day public comment period. This final determination is
based on consideration of public comments and peer review received in
response to our proposed rule.
Statement of Need: FWS will make a final determination on the
proposal to establish a nonessential experimental population (NEP) of
the gray wolf (Canis lupus) in Colorado, under section 10(j) of the
Endangered Species Act of 1973, as amended (Act). Establishment of this
NEP will facilitate the State of Colorado's reintroduction of gray
wolves and provide for allowable legal incidental taking of the gray
wolf within the NEP area. The best available data indicate that
reintroduction of the gray wolf into Colorado is biologically feasible
and will promote the conservation of the species.
Summary of Legal Basis: 16 U.S.C. 1531 et seq.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notification of Intent to Prepare an 07/21/22 87 FR 43489
EIS.
Comment Period End.................. 08/22/22 .......................
NPRM................................ 02/17/23 88 FR 10258
NPRM Comment Period End............. 04/18/23 .......................
Notification of Availability of FEIS 09/19/23 88 FR 64399
and ROD.
Final Action........................ 11/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal, State.
Agency Contact: Elizabeth Maclin, Division of Restoration and
Recovery, Department of the Interior, United States Fish and Wildlife
Service, Ecological Services, 5275 Leesburg Pike, Falls Church, VA
22041-3803, Phone: 703 358-2646, Fax: 703 358-1735, Email:
[email protected].
RIN: 1018-BG79
DOI--FWS
Completed Actions
128. National Wildlife Refuge System; Station-Specific Hunting and
Sport Fishing Regulations, 2023-24, Final Rule [1018-BG71]
Priority: Other Significant.
Legal Authority: 16 U.S.C. 460k to 460k-4; 16 U.S.C. 668dd to 668ee
CFR Citation: 50 CFR 32; 50 CFR 71.
Legal Deadline: None.
Abstract: This rule revises the FWS station-specific regulations
and expands hunting and sport fishing opportunities for the 2023-24
hunting and sport fishing season. This action is part of an annual
update for the national wildlife refuge system and the national fish
hatchery system that ensures adequate public notice of openings and
changes. These changes and openings enhance conservation stewardship
and outdoor recreation and improve the management of game species and
their habitat. The FWS operates hunting and sport fishing programs on
refuges to implement Congressional directives to facilitate compatible
priority wildlife-dependent recreational opportunities. Although
hatcheries are not part of the national wildlife refuge system, by
regulation, the administrative provisions of refuge regulations are
applied to national fish hatchery areas. The FWS coordinated closely
with the Association of Fish and Wildlife Agencies when developing the
rule. The FWS also engaged with stakeholder groups through the Hunting
and Wildlife Conservation Council for input on hunting and fishing
programs on FWS lands and waters.
Statement of Need: This proposed rule would make additions and
revisions to station-specific regulations and expand hunting and sport
fishing opportunities for the 2023-24 hunting and sport fishing season.
This action is part of an annual update for the national wildlife
refuge system and the national fish hatchery system that ensures
adequate public notice of openings and changes. These changes and
openings enhance conservation stewardship and outdoor recreation and
improve the management of game species and their habitat. The FWS
operates hunting and sport fishing programs on refuges to implement
congressional directives to facilitate compatible priority wildlife-
dependent recreational opportunities. Although hatcheries are not part
of the national wildlife refuge system, by regulation, the
administrative provisions of refuge regulations are applied to national
fish hatchery areas.
Summary of Legal Basis: 16 U.S.C. 460k to 460k-4 and 16 U.S.C.
668dd to 668ee.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/23/23 88 FR 41058
NPRM Comment Period End............. 08/22/23 .......................
Final Action Effective.............. 10/27/23 .......................
Final Action........................ 10/30/23 88 FR 74050
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal, Local, State, Tribal.
Agency Contact: Katherine Harrigan, Sportsmen's Access Coordinator,
Department of the Interior, United States Fish and Wildlife Service,
Branch of Conservation Policy and Planning, National Wildlife Refuge
System, 5275 Leesburg Pike, Falls Church, VA 22041-3803, Phone: 703
358-2440, Email: [email protected].
RIN: 1018-BG71
DOI--NATIONAL PARK SERVICE (NPS)
Final Rule Stage
129. Native American Graves Protection and Repatriation Act Regulations
[1024-AE19]
Priority: Other Significant.
Legal Authority: 25 U.S.C. 3001 et seq.
CFR Citation: 43 CFR 10.
Legal Deadline: None.
Abstract: This final rule revises the Native American Graves
Protection and Repatriation Act (NAGPRA) implementing regulations. The
rule eliminates ambiguities, correct inaccuracies, simplifies
excessively burdensome and complicated requirements, clarifies
timelines, and removes offensive terminology in the existing
regulations that have inhibited the respectful repatriation of most
Native American human remains. This rule simplifies and improves the
regulatory process for repatriation and thereby advances the goals of
racial justice, equity, and inclusion. The Department sought Tribal
government input through communication under Executive Order 13175
criteria and the Department's consultation policy on meaningful
communication and collaboration with tribal officials. The Department
held Consultation sessions with federally recognized Indian Tribes and
a listening session for present, former, and prospective petitioners.
Statement of Need: This rule will revise the Native American Graves
[[Page 9419]]
Protection and Repatriation Act (NAGPRA) implementing regulations. The
rule will eliminate ambiguities, correct inaccuracies, simplify
excessively burdensome and complicated requirements, clarify timelines,
and remove offensive terminology in the existing regulations that have
inhibited the respectful repatriation of most Native American human
remains. This rule will simplify and improve the regulatory process for
repatriation and thereby advance the goals of racial justice, equity,
and inclusion.
Summary of Legal Basis: 25 U.S.C. 3001 et seq.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/18/22 87 FR 63202
NPRM Comment Period Extended........ 01/10/23 88 FR 1344
NPRM Comment Period Extended End.... 01/31/23 .......................
Final Rule.......................... 12/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal.
Additional Information: Since the passage of NAGPRA in 1990, it has
been the policy of the United States that human remains of any ancestry
must always be treated with dignity and respect. Yet in the last 30
years, less than half of the Native American human remains in
collections have been repatriated to their traditional caretakers. The
revisions to the existing regulatory requirements will respect the
civil rights and sovereignty of Indian Tribes and Native Hawaiians to
repatriate their ancestors and cultural items. The rule responds to
regular and repeated requests for regulatory revisions and will reduce
the regulatory burden on all parties by streamlining requirements in
accessible language with clear timelines, removing ambiguity, and
improving efficiency. The rule will likely have a positive net benefit,
justifying any temporary cost increase.
URL For More Information: www.nps.gov/nagpra.
Agency Contact: Melanie O'Brien, National NAGPRA Program Manager,
Department of the Interior, National Park Service, National NAGPRA
Program, 1849 C Street NW, Washington, DC 20240, Phone: 202 354-2204,
Email: melanie_o'[email protected].
RIN: 1024-AE19
DOI--NPS
130. Alaska; Hunting and Trapping in National Preserves [1024-AE70]
Priority: Other Significant.
Legal Authority: 54 U.S.C. 100751
CFR Citation: 36 CFR 13.
Legal Deadline: None.
Abstract: This final rule will amend regulations for sport hunting
and trapping in national preserves in Alaska. This rule would prohibit
certain harvest practices, including bear baiting; and prohibit
predator control or predator reduction on national preserves.
Statement of Need: This final rule will amend regulations for sport
hunting and trapping in national preserves in Alaska. This rule would
prohibit certain harvest practices, including bear baiting; and
prohibit predator control or predator reduction on national preserves.
Summary of Legal Basis: 54 U.S.C. 100751.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/09/23 88 FR 1176
NPRM Comment Period End............. 03/10/23 .......................
NPRM Comment Period End Extended.... 03/10/23 88 FR 14963
NPRM Comment Period Extended End.... 03/27/23 .......................
Final Rule.......................... 05/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Undetermined.
Agency Contact: Sarah Creachbaum, Alaska Regional Director,
Department of the Interior, National Park Service, 240 W 5th Avenue,
Anchorage, AK 99501, Phone: 907 644-3510, Email:
[email protected].
RIN: 1024-AE70
DOI--BUREAU OF INDIAN AFFAIRS (BIA)
Proposed Rule Stage
131. Agricultural Leasing of Indian Land [1076-AF66]
Priority: Other Significant.
Legal Authority: 25 U.S.C. 380 to 635; 25 U.S.C. 2201 et seq.; 25
U.S.C. 3701 et seq.; 44 U.S.C. 3101 et seq.
CFR Citation: 25 CFR 162.
Legal Deadline: None.
Abstract: This rule would propose to update provisions addressing
leasing of trust or restricted land (Indian land) for agricultural
purposes to reflect updates that have been made to business and
residential leasing provisions and address outdated provisions.
Statement of Need: This rule would update provisions addressing
leasing of trust or restricted land (Indian land) for agricultural
purposes to reflect updates that have been made to business and
residential leasing provisions and address outdated provisions.
Summary of Legal Basis: 25 U.S.C. 380 to 635, 25 U.S.C. 2201 et
seq., 25 U.S.C. 3701 et seq., and 44 U.S.C. 3101 et seq.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Tribal.
Agency Contact: Oliver Whaley, Director, Office of Regulatory
Affairs and Collaborative Action--Indian Affairs, Department of the
Interior, Bureau of Indian Affairs, 1001 Indian School Road NW, Suite
229, Albuquerque, NM 87104, Phone: 202 738-6065, Email:
[email protected].
RIN: 1076-AF66
DOI--BIA
132. Procedures for Federal Acknowledgment of Indian Tribes [1076-AF67]
Priority: Other Significant.
Legal Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 479A-1
CFR Citation: 25 CFR 83.
Legal Deadline: None.
Abstract: This proposed rule would respond to recent Federal court
decisions holding that the Department did not adequately explain its
regulations prohibiting previously denied petitioners for Federal
acknowledgment from petitioning again. The Department sought Tribal
government input through communication under Executive Order 13175
criteria and the Department's consultation policy on meaningful
communication and collaboration with tribal officials. The Department
held Consultation sessions with federally recognized Indian Tribes and
a listening session for present, former, and prospective petitioners.
Statement of Need: This final rule will update the regulations in
response to recent Federal court decisions to address whether
previously denied petitioners for Federal acknowledgment may petition
again.
[[Page 9420]]
Summary of Legal Basis: 5 U.S.C. 301, 25 U.S.C. 2, 25 U.S.C. 9, and
25 U.S.C. 479A-1.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/27/22 87 FR 24908
NPRM Comment Period End............. 07/06/22 .......................
Second NPRM......................... 02/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Agency Contact: Oliver Whaley, Director, Office of Regulatory
Affairs and Collaborative Action--Indian Affairs, Department of the
Interior, Bureau of Indian Affairs, 1001 Indian School Road, NW, Suite
229, Albuquerque, NM 87104, Phone: 202 738-6065, Email:
[email protected].
George Patton, Department of the Interior, Bureau of Indian
Affairs, Indian Affairs--RACA, 1001 Indian School Road NW, Suite 312,
Albuquerque, NM 87104, Phone: 505 563-3805, Email:
[email protected].
RIN: 1076-AF67
DOI--BIA
133. Indian Arts and Crafts [1076-AF69]
Priority: Other Significant.
Legal Authority: 5 U.S.C. 301; 25 U.S.C. 2; 25 U.S.C. 9; 25 U.S.C.
305 et seq.
CFR Citation: 25 CFR 301; 25 CFR 304; 25 CFR 307 to 310.
Legal Deadline: None.
Abstract: This proposed rule would modernize the Indian Arts and
Crafts Board regulations to better meet the objectives of the Indian
Arts and Crafts Act to promote the economic welfare of the Indian
Tribes and Indian individuals through the development of Indian arts
and crafts and the expansion of the market for the products of Indian
art and craftsmanship. The Department is seeking Tribal government
input through communication under Executive Order 13175 criteria and
the Department's policy on meaningful collaboration with Tribal
officials.
Statement of Need: This proposed rule would modernize the Indian
Arts and Crafts Board regulations to better meet the objectives of the
Indian Arts and Crafts Act to promote the economic welfare of the
Indian Tribes and Indian individuals through the development of Indian
arts and crafts and the expansion of the market for the products of
Indian art and craftsmanship.
Summary of Legal Basis: 5 U.S.C. 301, 25 U.S.C. 2, 25 U.S.C. 9, and
25 U.S.C. 305 et seq.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Tribal.
Agency Contact: Oliver Whaley, Director, Office of Regulatory
Affairs and Collaborative Action--Indian Affairs, Department of the
Interior, Bureau of Indian Affairs, 1001 Indian School Road NW, Suite
229, Albuquerque, NM 87104, Phone: 202 738-6065, Email:
[email protected].
RIN: 1076-AF69
DOI--BIA
Final Rule Stage
134. Mining of the Osage Mineral Estate for Oil and Gas [1076-AF59]
Priority: Other Significant.
Legal Authority: Pub. L. 59-321; Pub. L. 66-360; Pub. L. 70-919;
Pub. L. 75-711
CFR Citation: 25 CFR 226.
Legal Deadline: None.
Abstract: This final rule revises the regulations in 25 CFR part
226 to strengthen the BIA's management of the Osage Mineral Estate and
improve accounting and production measurement standards; offer
consistency in production valuation; address inadequate bonding;
support the implementation of electronic reporting systems; enhance
accountability; clarify lessees' obligations; prevent waste; promote
safe and environmentally sound operations; and protect resource values.
The Department received Tribal government input through consultation
sessions held pursuant to Executive Order 13175 criteria and the
Department's policy on meaningful communication and collaboration with
Tribal officials.
Statement of Need: This final rule will revise the regulations in
25 CFR part 226 to advance the purposes of E.O. 14058; and provide for
the implementation of electronic royalty and production reporting
systems, reducing administrative burdens on operators, purchasers, and
the government, and streamlining accounting and reconciliation
processes.
Summary of Legal Basis: Public Law 59-321, Public Law 66-360,
Public Law 70-919, and Public Law 75-711.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/13/23 88 FR 2430
NPRM Comment Period End............. 03/17/23 .......................
Final Action........................ 03/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal, State, Tribal.
Agency Contact: Oliver Whaley, Director, Office of Regulatory
Affairs and Collaborative Action--Indian Affairs, Department of the
Interior, Bureau of Indian Affairs, 1001 Indian School Road NW, Suite
229, Albuquerque, NM 87104, Phone: 202 738-6065, Email:
[email protected].
RIN: 1076-AF59
DOI--BIA
135. Class III Tribal State Gaming Compact Process [1076-AF68]
Priority: Other Significant.
Legal Authority: 5 U.S.C. 301; 25 U.S.C. 2; 25 U.S.C. 9; 25 U.S.C.
479a-1
CFR Citation: 25 CFR 293.
Legal Deadline: None.
Abstract: This final rule will update procedures the Secretary of
the Interior (Secretary) uses for reviewing Class III Tribal State
Gaming compacts submitted for approval to clarify what law the
Secretary applies and make the process more transparent. The Department
received Tribal government input through consultations and listening
sessions held under Executive Order 13175 criteria and the Department's
policy on meaningful communication and collaboration with Tribal
officials.
Statement of Need: This final rule will improve the tranparency of
procedures taken by the Secretary of the Interior (Secretary) to review
Class III Tribal State Gaming compacts submitted for approval.
Summary of Legal Basis: 5 U.S.C. 301, 25 U.S.C. 2, 25 U.S.C. 9, and
25 U.S.C. 479a-1.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/06/22 87 FR 74916
NPRM Comment Period End............. 03/01/23 .......................
Final Action........................ 02/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: State, Tribal.
[[Page 9421]]
Agency Contact: Oliver Whaley, Director, Office of Regulatory
Affairs and Collaborative Action--Indian Affairs, Department of the
Interior, Bureau of Indian Affairs, 1001 Indian School Road NW, Suite
229, Albuquerque, NM 87104, Phone: 202 738-6065, Email:
[email protected].
George Patton, Department of the Interior, Bureau of Indian
Affairs, Indian Affairs--RACA, 1001 Indian School Road NW, Suite 312,
Albuquerque, NM 87104, Phone: 505 563-3805, Email:
[email protected].
RIN: 1076-AF68
DOI--BIA
136. Land Acquisitions [1076-AF71]
Priority: Other Significant.
Legal Authority: R.S. 161, 5 U.S.C. 301; 46 Stat. 1106, as amended;
46 Stat. 1471, as amended; . . .
CFR Citation: 25 CFR 151.
Legal Deadline: None.
Abstract: This rule will advance the purposes of E.O. 13985 and
address the Department's jurisdiction to acquire land in trust for
certain Tribes, streamline acquisitions on existing reservations,
clarify Tribal jurisdiction, and promote Tribal conservation of lands.
The Department received Tribal government input through consultations
and listening sessions held under Executive Order 13175 criteria and
the Department's policy on meaningful communication and collaboration
with Tribal officials.
Statement of Need: This rule will advance the purposes of E.O.
13985 and address the Department's jurisdiction to acquire land in
trust for certain Tribes, streamline acquisitions on existing
reservations, clarify Tribal jurisdiction, and promote Tribal
conservation of lands.
Summary of Legal Basis: R.S. 161, 5 U.S.C. 301, 46 Stat. 1106, as
amended, and 46 Stat. 1471, as amended.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/05/22 87 FR 74334
NPRM Comment Period End............. 03/01/23
Final Action........................ 02/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal, Tribal.
Agency Contact: Oliver Whaley, Director, Office of Regulatory
Affairs and Collaborative Action--Indian Affairs, Department of the
Interior, Bureau of Indian Affairs, 1001 Indian School Road NW, Suite
229, Albuquerque, NM 87104, Phone: 202 738-6065, Email:
[email protected].
George Patton, Department of the Interior, Bureau of Indian
Affairs, Indian Affairs--RACA, 1001 Indian School Road NW, Suite 312,
Albuquerque, NM 87104, Phone: 505 563-3805, Email:
[email protected].
RIN: 1076-AF71
DOI--BUREAU OF OCEAN ENERGY MANAGEMENT (BOEM)
Proposed Rule Stage
137. Fitness To Operate Standards for Oil and Gas Operators
and Lessees on the Outer Continental Shelf [1010-AE21]
Priority: Other Significant.
Unfunded Mandates: Undetermined.
Legal Authority: 43 U.S.C. 1331, OCS Lands Act
CFR Citation: 30 CFR 550; 30 CFR 556.
Legal Deadline: None.
Abstract: In response to Executive Order 14008, Tackling the
Climate Crisis at Home and Abroad, the Department of the Interior
prepared Report on the Federal Oil and Gas Leasing Program. The report
stated that the Bureau of Ocean Energy Management, through a new
``Fitness to Operate'' standard, would establish safety, environmental,
and financial responsibilities for companies to meet in order to
operate on the U.S. Outer Continental Shelf.
This rule would establish safety, environmental, and financial
responsibilities for oil and gas companies to meet in order to operate
on the U.S. Outer Continental Shelf.
Statement of Need: In response to Executive Order 14008, Tackling
the Climate Crisis at Home and Abroad, the Department of the Interior
prepared a report on the Federal Oil and Gas Leasing Program. The
report stated that the Bureau of Ocean Energy Management, through a new
``Fitness to Operate'' standard, would establish safety, environmental,
and financial responsibilities for companies to meet in order to
operate on the U.S. Outer Continental Shelf.
This rule would establish safety, environmental, and financial
responsibilities for oil and gas companies to meet in order to operate
on the U.S. Outer Continental Shelf.
Summary of Legal Basis: 43 U.S.C. 1331, OCS Lands Act.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Small Entities Affected: Businesses.
Government Levels Affected: Tribal.
Federalism: Undetermined.
Agency Contact: Kelley Spence, Department of the Interior, Bureau
of Ocean Energy Management, 1849 C Street NW, Washington, DC 20240,
Phone: 984 298-7345, Email: [email protected].
RIN: 1010-AE21
DOI--BOEM
Final Rule Stage
138. Renewable Energy Modernization Rule [1010-AE04]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 43 U.S.C. 1337(p)
CFR Citation: 30 CFR 585.
Legal Deadline: None.
Abstract: This final rule will clarify BOEM's renewable energy
regulations facilitating offshore renewable energy development in a
manner that is safe, environmentally sound, and provides fair return to
U.S. taxpayers. This action also helps meet commitments of Executive
Order 14008, Tackling the Climate Crisis at Home and Abroad, by
supporting renewable energy production and in offshore waters.
BOEM received a range of comments on the NPRM during the public
comment period. In addition, BOEM held multiple staff-level and
Government-to-Government Tribal Consultations. This final rule will
address feedback received from public comment and Tribal Consultations.
Statement of Need: This final rule will clarify BOEM's renewable
energy regulations facilitating offshore renewable energy development
in a manner that is safe, environmentally sound, and provides fair
return to U.S. taxpayers. This action also helps meet commitments of
Executive Order 14008, Tackling the Climate Crisis at Home and Abroad
by supporting renewable energy production and in offshore waters.
Summary of Legal Basis: 43 U.S.C. 1337(p).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/30/23 88 FR 5968
NPRM Comment Period End............. 03/31/23
[[Page 9422]]
NPRM Comment Period Extension....... 04/03/23 88 FR 19578
NPRM Comment Period Extension End... 05/01/23
Final Rule.......................... 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Tribal.
Agency Contact: Karen Thundiyil, Chief, Office of Regulations,
Department of the Interior, Bureau of Ocean Energy Management, 1849 C
Street NW, Washington, DC 20240, Phone: 202 742-0970, Email:
[email protected].
Related RIN: Merged with 1010-AD89, Merged with 1010-AD91
RIN: 1010-AE04
DOI--BOEM
139. Protection of Marine Archaeological Resources [1010-AE11]
Priority: Other Significant. Major under 5 U.S.C. 801.
Legal Authority: NHPA-54 U.S.C. 300101 et seq.
CFR Citation: 30 CFR 550.
Legal Deadline: None.
Abstract: This final rule will revise when lessees and operators
would need to conduct archaeological surveys. It would clarify when
operators would submit an archaeological report with their applications
and clarify the source and extent of the data utilized.
Statement of Need: This final rule will revise when lessees and
operators would need to conduct archaeological surveys. It would
clarify when operators would submit an archaeological report with their
applications and clarify the source and extent of the data utilized.
Summary of Legal Basis: 30 CFR 550.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/15/23 88 FR 9797
NPRM Comment Period End............. 04/17/23
Final Rule.......................... 05/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Peter Meffert, Regulatory Analyst, Department of
the Interior, Bureau of Ocean Energy Management, 45600 Woodland Road,
Sterling, VA 20166, Phone: 703 787-1610, Email: [email protected].
RIN: 1010-AE11
DOI--BOEM
140. Risk Management and Financial Assurance for OCS Lease and Grant
Obligations [1010-AE14]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: OCSLA-43 U.S.C. 1331 et seq.
CFR Citation: 30 CFR 550; 30 CFR 556.
Legal Deadline: None.
Abstract: This final rule will modify the evaluation criteria for
determining whether oil, gas and sulfur lessees, right-of-use and
easement grant holders, and pipeline right-of-way grant holders may be
required to provide bonds or other financial assurance, above the
regulatorily prescribed amounts for base bonds, to ensure compliance
with their Outer Continental Shelf obligations.
We held a Government-to-Government consultation with the Indian
Tribal Nation during the development of the NPRM and expect to have
another consultation on the final rule. This final rule will address
feedback received from public comment period and Tribal consultations.
Statement of Need: This rule will modify the evaluation criteria
for determining whether oil, gas and sulfur lessees, right-of-use and
easement grant holders, and pipeline right-of-way grant holders may be
required to provide bonds or other financial assurance, above the
regulatorily prescribed amounts for base bonds, to ensure compliance
with their Outer Continental Shelf obligations.
Summary of Legal Basis: OCSLA--43 U.S.C. 1331 et seq.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/29/23 88 FR 42136
NPRM Comment Period Extension....... 08/25/23 88 FR 58173
NPRM Comment Period End............. 08/28/23
NPRM Comment Period Extension End... 09/07/23
Final Rule.......................... 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Undetermined.
Agency Contact: Kelley Spence, Program Analyst, Department of the
Interior, Bureau of Ocean Energy Management, 1849 C Street NW,
Washington, DC 20240, Phone: 948 298-7345, Email:
[email protected].
Related RIN: Split from 1082-AA02
RIN: 1010-AE14
DOI--OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT (OSMRE)
Proposed Rule Stage
141. Emergency Preparedness for Impoundments [1029-AC82]
Priority: Other Significant.
Legal Authority: 30 U.S.C. 1201
CFR Citation: 30 CFR 780; 30 CFR 784; 30 CFR 816; 30 CFR 817.
Legal Deadline: None.
Abstract: This proposed rule would incorporate certain aspects of
the Federal Guidelines for Dam Safety (Federal Guidelines) into OSMRE's
existing regulations. This proposed rule would relate to emergency
preparedness for impounding structures and propose to include
provisions for Emergency Action Plans (EAPs) and After-Action Reports
(AARs) that are consistent with the Federal Guidelines. Also, OSMRE may
add new provisions to the regulations explaining the EAP and AAR
requirements and aligning the classification of impoundments with
industry and other government agency standards.
Statement of Need: This proposed rule would incorporate certain
aspects of the Federal Guidelines for Dam Safety (Federal Guidelines)
into OSMRE's existing regulations. This proposed rule would relate to
emergency preparedness for impounding structures and propose to include
provisions for Emergency Action Plans (EAPs) and After-Action Reports
(AARs) that are consistent with the Federal Guidelines. Also, OSMRE may
add new provisions to the regulations explaining the EAP and AAR
requirements and aligning the classification of impoundments with
industry and other government agency standards.
Summary of Legal Basis: 30 U.S.C. 1201.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/24
NPRM Comment Period End............. 02/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Undetermined.
Federalism: Undetermined.
Agency Contact: Khalia Boyd, Regulatory Analyst, Department of the
Interior, Office of Surface Mining Reclamation and Enforcement, 1951
Constitution Avenue NW, Washington, DC 20240, Phone: 202 208-2823,
Email: [email protected].
RIN: 1029-AC82
[[Page 9423]]
DOI--OSMRE
Final Rule Stage
142. Ten-Day Notices [1029-AC81]
Priority: Other Significant.
Legal Authority: Pub. L. 95-87; 30 U.S.C. 1211(c)(2)
CFR Citation: 30 CFR 733; 30 CFR 842.
Legal Deadline: None.
Abstract: The final rule would amend OSMRE's regulations on ten-day
notices that went into effect on December 24, 2020. The final rule
would amend the existing rules about when OSMRE sends ten-day notices
to State regulatory authorities regarding possible SMCRA violations.
Statement of Need: The final rule would amend OSMRE's regulations
on ten-day notices that went into effect on December 24, 2020. The
final rule would amend the existing rules about when OSMRE sends ten-
day notices to State regulatory authorities regarding possible Surface
Mining Control and Reclamation Act violations.
Summary of Legal Basis: Public Law 95-87 and 30 U.S.C. 1211(c)(2).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/25/23 88 FR 24944
NPRM Comment Period End............. 06/26/23
Final Action........................ 02/00/24
Final Action Effective.............. 03/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: State.
Agency Contact: Khalia Boyd, Regulatory Analyst, Department of the
Interior, Office of Surface Mining Reclamation and Enforcement, 1951
Constitution Avenue NW, Washington, DC 20240, Phone: 202 208-2823,
Email: [email protected].
RIN: 1029-AC81
DOI--BUREAU OF RECLAMATION (RB)
Final Rule Stage
143. Public Conduct on Bureau of Reclamation Facilities, Lands and
Waterbodies [1006-AA58]
Priority: Other Significant.
Legal Authority: 43 U.S.C. 373
CFR Citation: 43 CFR 423.
Legal Deadline: None.
Abstract: The revisions to this rule clarify regulations that
maintain law and order and protect persons and property on Bureau of
Reclamation facilities, lands, and waterbodies. The rule revises
existing definitions for the use of aircraft and the possession of
firearms; updates regulations on camping, swimming, and winter
recreation for the wide range of circumstances found across Bureau of
Reclamation facilities, lands, and waterbodies; and clarifies the
permitting of memorials and reburials on Bureau of Reclamation lands.
Statement of Need: This rule will revise existing definitions for
the use of aircraft and the possession of firearms; update regulations
on camping, swimming, and winter recreation for the wide range of
circumstances found across Bureau of Reclamation facilities, lands, and
waterbodies; and will clarify the permitting of memorials and reburials
on Bureau of Reclamation lands.
Summary of Legal Basis: 43 U.S.C. 373.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/16/23 88 FR 10070
NPRM Comment Period End............. 04/17/23
Final Action........................ 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Jill Nagode, Regulatory Contact, Department of the
Interior, Bureau of Reclamation, Denver Federal Center, P.O. Box 25007,
Building 67, Denver, CO 80225, Phone: 303 445-2055, Email:
[email protected]. RIN: 1006-AA58
DOI--BUREAU OF LAND MANAGEMENT (BLM)
Proposed Rule Stage
144. Closure and Restriction Orders [1004-AE89]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: 43 U.S.C. 1701 et seq.; 43 U.S.C. 315a; 16 U.S.C.
1281c; 16 U.S.C. 877 et seq.; 16 U.S.C. 4601-6a; 16 U.S.C. 1241 et
seq.; 16 U.S.C. 7913; 16 U.S.C. 1338; . . .
CFR Citation: None.
Legal Deadline: None.
Abstract: The proposed rule would revise the visitor services
regulations to enhance the BLM's ability to issue closure and
restriction orders. The proposed rule would also make BLM's regulations
more consistent with other Federal land management agencies' closure
and restriction authorities.
Statement of Need: This proposed rule would allow the Bureau of
Land Management (BLM) to better protect persons, property and public
lands and resources by allowing the agency to close or restrict the use
of public lands in a more timely manner. The rule would also make the
BLM's regulations more consistent with other Federal land management
agencies' closure and restriction authorities.
Summary of Legal Basis: 43 U.S.C. 1701 et seq., 43 U.S.C. 315a, 16
U.S.C. 1281c, 16 U.S.C. 877 et seq., 16 U.S.C. 4601-6a, 16 U.S.C. 1241
et seq., 16 U.S.C. 7913, and 16 U.S.C. 1338.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/23
Final Action........................ 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Tom Heinlein, Assistant Director, National
Landscape Conservation System, Department of the Interior, Bureau of
Land Management, 760 Horizon Drive, Grand Junction, CO 81506, Phone:
970 256-4954, Email: blm.gov">theinlein@blm.gov.
RIN: 1004-AE89
DOI--BLM
145. Management and Protection of the National Petroleum Reserve in
Alaska (Section 610 Review) [1004-AE95]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: Naval Petroleum Reserves Production Act of 1976
(42 U.S.C. 6501 to 6508)
CFR Citation: 43 CFR subpart 2361.
Legal Deadline: None.
Abstract: This proposed rule would assure maximum protection of
Special Areas in the NPR-A pursuant to and consistent with the
provisions of the Naval Petroleum Reserves Production Act of 1976 (90
Stat. 303; 42 U.S.C. 6501 et seq.), Alaska National Interest Lands
Conservation Act, and other applicable authorities.
Statement of Need: The final rule will assure maximum protection of
Special Areas in the NPR-A pursuant to and consistent with the
provisions of the Naval Petroleum Reserves Production Act of 1976 (90
Stat. 303; 42 U.S.C. 6501 et seq.), Alaska National Interest Lands
[[Page 9424]]
Conservation Act, and other applicable authorities.
Summary of Legal Basis: Naval Petroleum Reserves Production Act of
1976 (42 U.S.C. 6501 to 6508).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/08/23 88 FR 62025
NPRM Comment Period End............. 11/07/23
Final Action........................ 03/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Tribal.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
Agency Contact: Kyle W. Moorman, Division Chief for Regulatory
Affairs and Directives, Department of the Interior, Bureau of Land
Management, 1849 C Street NW, Washington, DC 20240, Phone: 202 527-
2433, Email: blm.gov">kmoorman@blm.gov.
RIN: 1004-AE95
DOI--BLM
Final Rule Stage
146. Update of the Communications Uses Program, Right-of-Way Cost
Recovery Fee Schedules and Section 512 of FLPMA for Rights-of-Way
[1004-AE60]
Priority: Other Significant.
Legal Authority: 30 U.S.C. 185 and 189; 43 U.S.C. 1733; 43 U.S.C.
1740; 43 U.S.C. 1763
CFR Citation: 43 CFR 2800; 43 CFR 2860; 43 CFR 2880; 43 CFR 2920.
Legal Deadline: None.
Abstract: The BLM is proposing to amend its right-of-way
regulations to improve access to broadband communications and update
the cost recovery fee schedules for ROW work activities. Additionally,
this rule will implement vegetation management requirements to address
fire risk from and to power line ROWs on public lands and national
forests.
Statement of Need: This proposed rule would address issues relating
to (1) Idle iron by adding a definition of this term to clarify that it
applies to idle wells and structures on active leases; (2) abandonment
in place of subsea infrastructure by adding regulations addressing when
BSEE may approve decommissioning-in-place instead of removal of certain
subsea equipment; and (3) other operational considerations.
Summary of Legal Basis: 30 U.S.C. 185 and 189, 43 U.S.C. 1733, 43
U.S.C. 1740, and 43 U.S.C. 1763.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/07/22 87 FR 67306
NPRM Comment Period End............. 01/06/23
Final Action........................ 12/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: Federal.
Agency Contact: Dominica VanKoten, Division Chief, Lands, HQ-35-
(Lands, Realty, and Cadastral), Department of the Interior, Bureau of
Land Management, 301 Dinosaur Trail, Santa Fe, NM 87508, Phone: 571
266-9585, Email: blm.gov">dvankote@blm.gov.
Related RIN: Merged with 1004-AE69
RIN: 1004-AE60
DOI--BLM
147. Rights-of-Way, Leasing and Operations for Renewable Energy [1004-
AE78]
Priority: Other Significant. Major under 5 U.S.C. 801.
Legal Authority: 30 U.S.C. ch. 23; 43 U.S.C. 1733; 43 U.S.C. 1740;
43 U.S.C. 1763; 30 U.S.C. 185 and 189; Pub. L. 109-58; Division Z, Pub.
L. 116-260; E.O. 14008; . . .
CFR Citation: None.
Legal Deadline: None.
Abstract: The proposed rule would revise the BLM's regulations for
rights-of-way, leasing, and operations related to activities associated
with solar and wind energy development. The Energy Act of 2020 and
section 207 of Executive Order 14008 prioritize the Department of the
Interior's need to improve permitting activities and processes to
facilitate increased renewable energy permitting and production on
public lands.
Statement of Need: The principal purpose of these amendments is to
facilitate responsible solar and wind energy development on public
lands managed by the BLM. The rule will adjust acreage rents and
capacity fees for solar and wind energy, provide the BLM with more
flexibility in how it processes applications for solar and wind energy
development inside designated leasing areas, and update agency criteria
on prioritizing solar and wind applications. The rule will also make
technical changes, corrections, and clarifications to the existing
right-of-way regulations.
Summary of Legal Basis: 30 U.S.C. ch. 23, 43 U.S.C. 1733, 43 U.S.C.
1740, 43 U.S.C. 1763, 30 U.S.C. 185 and 189, Public Law 109-58 Division
Z, Public Law 116-260, E.O. 14008.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/16/23 88 FR 39726
NPRM Comment Period End............. 08/15/23
Final Action........................ 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Undetermined.
Agency Contact: Ben Gruber, Deputy Assistant Director, Energy,
Minerals, and Realty Mgmt., Department of the Interior, Bureau of Land
Management, 1849 C Street NW, Washington, DC 20240, Phone: 951 269-
9548, Email: blm.gov">begruber@blm.gov.
RIN: 1004-AE78
DOI--BLM
148. Waste Prevention, Production Subject to Royalties, and Resource
Conservation [1004-AE79]
Priority: Other Significant. Major under 5 U.S.C. 801.
Legal Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. 1701 et seq.; 43
U.S.C. 1701 et seq.; 25 U.S.C. 396a et seq.; 25 U.S.C. 2101 et seq.; 25
U.S.C. 396; E.O. 13990; E.O. 14008; . . .
CFR Citation: None.
Legal Deadline: None.
Abstract: This rule proposes updates to the BLM's existing rules
governing the venting and flaring of natural gas (methane) from onshore
Federal and Indian oil and gas leases. The rulemaking will address the
priorities associated with Executive Order 14008 to address tackling
the climate crisis. Per Executive Order 13990, the rule will address
reducing methane emissions in the oil and gas sector.
Statement of Need: The final rule will ensure that companies do not
waste valuable Federal mineral resources in their extraction processes
and would further address the priorities associated with Executive
Order 14008, ``Tackling the Climate Crisis at Home and Abroad.''
Summary of Legal Basis: 30 U.S.C. 181 et seq., 30 U.S.C. 1701 et
seq., 43 U.S.C. 1701 et seq., 25 U.S.C. 396a et seq., 25 U.S.C. 2101 et
seq., 25 U.S.C. 396, E.O. 13990, and E.O. 14008.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/30/22 87 FR 73588
NPRM Comment Period End............. 01/30/23
[[Page 9425]]
Final Action........................ 01/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Ben Gruber, Deputy Assistant Director, Energy,
Minerals, and Realty Mgmt., Department of the Interior, Bureau of Land
Management, 1849 C Street NW, Washington, DC 20240, Phone: 951 269-
9548, Email: blm.gov">begruber@blm.gov.
RIN: 1004-AE79
DOI--BLM
149. Fluid Mineral Leases and Leasing Process [1004-AE80]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. 351 to 359 et
seq.; 43 U.S.C. 1701 et seq.; 30 U.S.C. 521 to 531 et seq.; 90 Stat.
1083 to 1092; 30 U.S.C. 1701 et seq.; 92 Stat. 2073 to 2075; Pub. L.
102-486; Pub. L. 109-58; 25 U.S.C. 396; 25 U.S.C. 396a-g; 25 U.S.C.
2101 to 2108; 30 U.S.C. 1201 et seq.; 42 U.S.C. 7101 et seq.; 42 U.S.C.
4321 et seq.; E.O. 14008; . . .
CFR Citation: None.
Legal Deadline: None.
Abstract: The proposed rule would revise the BLM's oil and gas
regulations to update fees, rents, royalties, and bonding requirements
related to oil and gas leasing, development, and production. The
proposed rule would also update the BLM's process for leasing to ensure
the protection and proper stewardship of the public lands, including
addressing impacts associated with fossil fuel activities and ensuring
a fair return to taxpayers.
Statement of Need: This rule will revise the BLM's oil and gas
regulations to update the fees, rents, royalties, and bonding
requirements related to oil and gas leasing, development, and
production pursuant to the Inflation Reduction Act (Pub. L. 117-169).
The rule will also update the BLM's process for leasing to ensure the
protection and proper stewardship of the public lands, including
addressing impacts associated with fossil fuel activities and ensuring
a fair return to taxpayers.
Summary of Legal Basis: 30 U.S.C. 181 et seq., 30 U.S.C. 351 to 359
et seq., 43 U.S.C. 1701 et seq., 30 U.S.C. 521 to 531 et seq., 90 Stat.
1083 to 1092, 30 U.S.C. 1701 et seq., 92 Stat. 2073 to 2075, Public Law
102-486, Public Law 109-58, 25 U.S.C. 396, 25 U.S.C. 396a-g, 25 U.S.C.
2101 to 2108, 30 U.S.C. 1201 et seq., 42 U.S.C. 7101 et seq., 42 U.S.C.
4321 et seq., and E.O. 14008.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/24/23 88 FR 47562
NPRM Comment Period End............. 09/22/23
Final Action........................ 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Agency Contact: Nick Douglas, Assistant Director, Energy, Minerals,
and Realty Management Department of the Interior, Bureau of Land
Management, 760 Horizon Drive, Grand Junction, CO 81506, Phone: 970
256-4918, Email: blm.gov">ndouglas@blm.gov.
Ben Gruber, Deputy Assistant Director, Energy, Minerals, and Realty
Mgmt., Department of the Interior Bureau of Land Management, 1849 C
Street NW, Washington, DC 20240, Phone: 951 269-9548, Email:
blm.gov">begruber@blm.gov.
RIN: 1004-AE80
DOI--BLM
150. Conservation and Landscape Health (Section 610 Review) [1004-AE92]
Priority: Other Significant.
Unfunded Mandates: Undetermined.
Legal Authority: 43 U.S.C. 1732(a)
CFR Citation: 43 CFR 6000; 43 CFR 1610.
Legal Deadline: None.
Abstract: The proposed rule would clarify and support the
principles of multiple use and sustained yield in the management of the
public lands, incorporating climate resiliency and restoration through
conservation and preservation in the management of the public lands
pursuant to the Federal Land Policy and Management Act and other
relevant authorities. The proposed rule is within 43 CFR 6000 and would
provide an overarching framework that would cover multiple resource
areas to ensure land health and sustained yield.
Statement of Need: The principles of multiple use and sustained
yield management govern the BLM's stewardship of America's public
lands. This proposed rule interprets and implements a vital component
of the BLM's multiple use and sustained yield mission: addressing
landscape resilience and using restoration and conservation as tools to
ensure sustainable and productive natural resources for future
generations. Identifying tools, standards, and procedures to
appropriately achieve sustained yield is particularly important to
ensure that the BLM can pursue is multiple use mission and maintain
sustained yield in the face of the challenges posed by climate change,
drought, fire, land use changes, and other factors impacting the health
of land, waters, and ecosystems. This proposed rule addresses those
concerns, defines conservation, and provides an operational definition
of sustained yield in the context of changing landscapes. This rule
also provides a framework for decision-making to appropriately
implement conservation, including by identifying best practices to
conserve and restore lands and waters to desired conditions based on
land health standards and best available science. These proposed
regulations will promote restoration opportunities with significant
public involvement, honor the Bureau's commitment to work closely with
Tribes and other governmental entities, and respond more effectively to
changing resource conditions and increasing demands on public lands and
waters. Further, this rule will expand Areas of Critical Environmental
Concern regulations to affirm statutory requirements.
Summary of Legal Basis: Federal Land Policy and Management Act
(FLPMA) provides BLM authority for the protection of ecological values
(section 102(8)), the preservation of certain lands in their natural
condition (section 102(8)), and the establishment of fish and wildlife
development and utilization as one of six principal or major uses of
public lands (section 103(l)). These mandates in FLPMA provide BLM with
general authority to conserve ecosystems across its 245 million acres
of public lands. FLPMA section 302(a), provides: The Secretary shall
manage the public lands under principles of multiple use and sustained
yield . . . except that where a tract of such public land has been
dedicated to specific uses according to any other provisions of law it
shall be managed in accordance with such law 43 U.S.C. 1732(a)
(emphasis added). The multiple use and sustained yield principles in
section 102(a)(8) authorizes the BLM to implement the policies set
forth in this rulemaking effort.
Alternatives: N/A.
Anticipated Cost and Benefits: TBD.
Risks: TBD.
[[Page 9426]]
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/03/23 88 FR 19583
NPRM Comment Period End............. 06/20/23
Final Action........................ 01/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: None.
Federalism: Undetermined.
Agency Contact: Brian St. George, Acting Assistant Director,
Directorate of Resources and Planning, Department of the Interior,
Bureau of Land Management, 1849 C Street NW, Washington, DC 20240,
Phone: 202 239-3741, Email: blm.gov">bstgeorge@blm.gov.
RIN: 1004-AE92
BILLING CODE 4334-63-P
DEPARTMENT OF JUSTICE (DOJ)--FALL 2023
Statement of Regulatory Priorities
The mission of the Department of Justice is to uphold the rule of
law, to keep our country safe, and to protect civil rights. In carrying
out this mission, the Department is guided by the core values of
integrity, fairness, and commitment to promoting the impartial
administration of justice--including for those in historically
underserved, vulnerable, or marginalized communities. Consistent with
its mission and values, the Department is prioritizing activities that
protect the public against foreign and domestic threats, strengthen
enforcement of civil rights laws, defend against domestic and
international terrorism, combat gun violence, prevent and control
crime, and reform criminal justice systems. Because the Department of
Justice is primarily a law enforcement agency, not a regulatory agency,
it carries out its principal investigative, prosecutorial, and other
enforcement activities through means other than the regulatory process.
Regulatory action is, however, a significant aspect of the law
enforcement mission of the Department. The regulatory priorities of the
Department include initiatives in the areas of criminal justice reform,
immigration, civil rights, and gun violence reduction, and are
effectuated through rulemaking by the various components of the
Department. These initiatives, as well as others important to
components' accomplishing key law enforcement priorities, are
summarized below.
In addition to the public participation and outreach efforts of the
Department described below in the Civil Rights Division section, the
Abstracts of various Justice rulemakings also include descriptions of
the Department's efforts in these areas including: 1105-AB69 ``OVW
Special Tribal Criminal Jurisdiction Reimbursement''; 1105-AB40
``Telemedicine Prescribing of Controlled Substances When the
Practitioner and the Patient Have not had a Prior In-Person Medical
Evaluation''; 1117-AB60 ``Providing Controlled Substances to Ocean
Vessels''; 1117-AB63 ``Termination of Registration Upon Discontinuation
of Business or Change of Ownership''; 1117-AB69 ``Operation of
Automated Dispensing Systems at Long Term Care Facilities by Hospital/
Clinic Pharmacies''; 1117-AB72 ``Changes to a Prescription''; 1120-AB05
``District of Columbia Educational Good Time Credit''; 1120-AB67 ``Use
of Chemical Agents or Other Less-Than-Lethal Force in Immediate Use of
Force Situations''; 1120-AB71 ``Inmate Discipline Program: Disciplinary
Segregation and Prohibited Act Code Changes''; and 1121-AA89 ``Updating
Office for Victims of Crime Programs Regulations.''
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
ATF issues regulations to enforce and implement federal laws
relating to the manufacture, importation, sale, and other commerce in
firearms and explosives. Such regulations are designed to promote the
ATF mission to curb illegal traffic in, and criminal use of, firearms
and explosives, and to assist state, local, Tribal, territorial, and
other federal law enforcement agencies in reducing violent crime.
ATF will continue, as a priority during fiscal year 2024, to seek
modifications to its regulations governing commerce in firearms and
explosives in furtherance of these important goals.
The Department is undertaking a rulemaking to amend ATF's
regulations to conform with the changes made by Congress in the
Bipartisan Safer Communities Act (Pub. L. 117-159) and parts of the
Consolidated Appropriations Act of 2022 (Pub. L. 117-109), which
included the NICS Denial Notification Act of 2022 (RIN 1140-AA57). The
Department has also proposed to amend ATF's regulations to further
clarify what it means for a person to be ``engaged in the business'' of
dealing in firearms, and to have the intent to ``predominantly earn a
profit'' from the sale or disposition of firearms (RIN 1140-AA58). ATF
is undertaking an amendment to 27 CFR part 555 to require that persons
who store explosive materials annually notify the local authority that
has jurisdiction for fire safety in the locality in which the explosive
materials are being stored of the type, quantity, and location of each
site where the explosive materials are being stored (RIN 1140-AA51).
Bureau of Prisons (BOP)
BOP issues regulations to enforce the Federal laws relating to its
mission: to protect public safety by ensuring that federal offenders
serve their sentences of imprisonment in facilities that are safe,
humane, cost-efficient, and appropriately secure, and to provide
reentry programming to ensure their successful return to the community.
The First Step Act (FSA) of 2018, Public Law 115-391, 132 Stat.
5194 (2018) has brought a host of regulatory changes for BOP. To date,
BOP has successfully enacted FSA-related regulations (1) to enable
eligible inmates to earn Time Credits towards prerelease custody or
early transfer to supervised release, and (2) to modify the amount of
Good Time Credit to which eligible inmates are entitled. BOP's next
FSA-related regulatory measure involves publishing a Notice of Proposed
Rulemaking (NPRM) titled the Reservation of Funds for Reentry Under the
First Step Act. This rule proposes to implement a specific FSA
provision requiring BOP to reserve a portion of the compensation
inmates would otherwise receive for working to assist these inmates
with costs associated with release from prison. BOP anticipates the
NPRM's publication in the Federal Register by the end of 2023.
Another important BOP regulatory measure involving management of
inmate funds is the Inmate Financial Responsibility Program (IFRP). On
January 10, 2023, BOP published an NPRM titled Inmate Financial
Responsibility Program: Procedures, which proposes to withhold a
portion of inmate work pay and money received by outside sources in
order to pay restitution obligations toward victims and satisfy other
lawful obligations. Specifically, the rule proposes withholding 75% of
all community-source deposits in inmates' commissary account;
withholding 50% of pay for inmates in grades 1 through 4 of UNICOR;
withholding 25% of pay for inmates in grade 5 of UNICOR and inmates
receiving performance pay for institution work; removing two penalties
for failure to participate in the program; and adding one penalty for
an inmate's refusal to participate. BOP
[[Page 9427]]
continues to carefully review and thoughtfully consider the 1,300
public comments received in response to the NPRM.
In addition, BOP continues to actively pursue several proposed
rules to update the inmate discipline program; revise technical
sections of the regulation regarding filing of tort claims; clarify use
of force policy for less-than-lethal munitions; and modify clinical
guidelines related to infectious disease testing for affected inmates.
Finally, BOP continues to explore procedural avenues to finalize
interim final rules related to, for example, (1) exceptions to the
filing requirements for certain administrative remedies, and (2)
calculation of educational good time credit for eligible District of
Columbia inmates.
Civil Rights Division (CRT)
CRT works to uphold the civil and constitutional rights of all
persons in the United States, particularly some of the most vulnerable
members of our society. Consistent with this mission, CRT plans to
engage in five separate rulemakings on disability rights.
First, CRT plans to adopt technical standards for public entities'
websites under title II of the Americans with Disabilities Act (ADA) to
help public entities meet their existing ADA obligations to ensure
their websites are accessible to people with disabilities (RIN 1190-
AA79). The Department issued a Notice of Proposed Rulemaking on this
topic in August 2023. To promote public engagement with the rulemaking,
the Department also made available a fact sheet providing a plain
language summary of the proposed rule. The fact sheet is intended to
help the public get acquainted with the proposal so that the proposed
rule feels more navigable and so that providing public comments feels
more approachable. These resources were posted on the Department's
www.ada.gov website with information about how to submit comments. They
were also posted on a web page created by HHS's Administration for
Community Living to track rulemakings implementing non-discrimination
requirements protecting people with disabilities. CRT also held a
number of listening sessions to provide an overview of the proposal and
hear the perspectives of a variety of stakeholders including disability
groups, State and local government groups, and others. Second, CRT
plans to amend the current DOJ regulation under section 504 of the
Rehabilitation Act of 1973, which prohibits discrimination based on
disability in programs and activities conducted by an executive agency,
to bring it up to date (RIN 1190-AA73). Third, CRT will propose
standards that address the accessibility of medical diagnostic
equipment under title II of the ADA (RIN 1190-AA78). Fourth, CRT
intends to propose requirements for pedestrian facilities in the public
right-of-way, such as sidewalks and crosswalks, covered by part A of
title II of the ADA that are consistent with the Access Board's minimum
Accessibility Guidelines for Pedestrian Facilities in the Public Right-
of-Way to help public entities meet their existing ADA obligations to
make those facilities accessible (RIN 1190-AA77). Last, CRT plans to
publish an advance notice of proposed rulemaking seeking public input
on possible revisions to its ADA regulations to ensure the
accessibility of equipment and furniture in public entities and public
accommodations' programs and services (RIN 1190-AA76).
Drug Enforcement Administration (DEA)
DEA is the agency primarily responsible for coordinating the drug
law enforcement activities of the United States and also assisting in
the implementation of the President's National Drug Control Strategy.
DEA implements and enforces titles II and III of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 and the Controlled Substances
Import and Export Act (21 U.S.C. 801-971), as amended, collectively
referred to as the Controlled Substances Act (CSA).
DEA's mission is to enforce the controlled substances laws and
regulations of the United States and bring to the criminal and civil
justice system those organizations and individuals involved in the
growing, manufacture, or distribution of controlled substances and
listed chemicals appearing in or destined for illicit traffic in the
United States. The CSA and its implementing regulations are designed to
prevent, detect, and eliminate the diversion of controlled substances
and listed chemicals into the illicit market while providing for the
legitimate medical, scientific, research, and industrial needs of the
United States.
Pursuant to its statutory authority, DEA intends to continue with
the following priority regulation that appeared on the Fall 2022
Unified Agenda:
DEA published a Notice of Purposed Rulemaking (NPRM) on
Telemedicine Prescribing of Controlled Substances when the Practitioner
and the Patient Have Not Had a Prior In-Person Medical Evaluation, in
March of 2023, and received a large volume of public comments. DEA then
published a Temporary Rule on May 10 to extend the pandemic-era
flexibilities through November 11, 2023. On October 10, 2023, DEA
published a second Temporary Rule to further extend the pandemic-era
flexibilities through December 31, 2024. DEA is considering a new NPRM
to promulgate effective regulations responsive to the general public
and industry concerns. DEA may propose a regulation that would
authorize the issuance of registrations for telemedicine, and to
prescribe the circumstances in which they may be obtained and used (RIN
1117-AB40).
DEA also intends to publish a proposed regulation to amend the
reporting requirements found at 21 CFR 1310.05(b)(2) mandating
notification to DEA of domestic transactions involving tableting and
encapsulating machines 15-days before the seller ships the machine. The
draft regulation also proposes to amend the definitions of a
``tableting machine'' and an ``encapsulating machine'' to include
``parts thereof.'' Finally, the draft regulation seeks to modernize
customer verification requirements for transactions and proposes
modifications to DEA Form 452 to improve tracking of transactions of
tableting and encapsulating machines (RIN 1117-AB80).
In support of its regulatory function, DEA regularly engages with
the registrant community, stakeholders, and the public at large. DEA
launched ``Operation Engage'' for its field offices to connect and
collaborate with the communities they serve through local partnerships
to implement strategies and activities regarding drug use prevention
and education as well as bridging public safety and public health
efforts to help lower drug overdose deaths. DEA also routinely
interacts and engages with registrants by developing programs and
presenting topics of interest in webinar sessions, industry meetings,
and conferences. These outreach events facilitate open dialogues with
stakeholders and allow DEA an opportunity to better understand new and
upcoming issues faced by the registrant community.
DEA also plans on improving and broadening community engagement and
advancing participation of underserved communities by partnering with
trusted members and leaders in the community, not-for-profit
organizations, and patient advocacy groups, and by developing in-
person and virtual listening sessions.
Based on the feedback, comments, and industry concerns received
from registrants, stakeholders, and the public
[[Page 9428]]
during presentations and routine engagement, DEA makes informed
decisions to evaluate the need to update existing regulations or
identify new ones that should be proposed. DEA will continue to broaden
its public engagement to support the development of future regulatory
actions.
Executive Office for Immigration Review (EOIR)
EOIR's primary mission is to adjudicate immigration cases by
fairly, expeditiously, and uniformly interpreting and administering the
nation's immigration laws. Under delegated authority from the Attorney
General, EOIR conducts immigration court proceedings and appellate
reviews. Immigration judges in EOIR's Office of the Chief Immigration
Judge adjudicate cases to determine whether noncitizens should be
removed from the United States or whether they are eligible for relief
from removal. The Board of Immigration Appeals (BIA) has nationwide
jurisdiction over appeals from decisions of immigration judges, as well
as other matters specified by regulation. In addition, EOIR also
conducts administrative hearings involving immigration-related
employment practices, discrimination claims, and document fraud cases.
Accordingly, the Department of Justice has a significant role in the
administration of the nation's immigration laws. The Attorney General
also is responsible for civil litigation and criminal prosecutions
relating to the immigration laws.
EOIR is working to revise and update the regulations to increase
administrative efficiency, while also safeguarding fairness interests.
Specifically, EOIR has issued a proposed rule that would restore
longstanding procedures in place before a prior rule (RIN 1125-AA96),
including administrative closure, and clarify and codify other
established practices. The rule will promote the efficient and
expeditious adjudication of cases, afford immigration judges and the
Board flexibility to efficiently allocate their limited resources, and
protect due process for parties before immigration judges and the
Board.
EOIR and the Department of Homeland Security (DHS) are also
drafting a joint proposed rule that would provide clarity and
uniformity to DHS custody procedures and EOIR bond hearing procedures
(RIN 1125-AB27). The Departments believe this rulemaking will help
address litigation issues and resolve varying judicial interpretations
of the existing custody and bond hearing procedures among Federal
circuit courts.
Additionally, EOIR is developing several regulations related to the
asylum system. For example, EOIR and DHS intend to propose joint rules
to withdraw prior rules that created obstacles to asylum, such as RIN
1125-AB08, which proposes to rescind a pandemic-era rule that
categorically barred asylum for individuals fleeing political,
religious, or other persecution solely based on their passage through a
country in which a communicable disease is prevalent, regardless of
whether an individual was exposed to the disease or was vaccinated, and
RIN 1125-AB22, which proposes to rescind or modify regulatory revisions
made by a prior rule to procedures for asylum and withholding of
removal.
Federal Bureau of Investigation (FBI)
The FBI is responsible for protecting and defending the United
States against terrorist and foreign intelligence threats, upholding
and enforcing the criminal laws of the United States, and providing
leadership and criminal justice services to federal, state, local,
tribal territorial, and international agencies and partners. Only in
limited contexts does the FBI rely on rulemaking.
For example, the FBI drafted a proposed rule to establish the
criteria for use by a designated entity in deciding fitness as
described under the Child Protection Improvements Act (CPIA), 34 U.S.C.
40102, Public Law 115-141, div. S. title I, section 101(a)(1), Mar. 23,
2018, 132 Stat. 1123.
The CPIA requires that the Attorney General, by rule, establish the
criteria for use by designated entities in making a determination of
fitness described in subsection (b)(4) of the Act concerning whether
the provider has been convicted of, or is under pending indictment for,
a crime that bears upon the provider's fitness to have responsibility
for the safety and wellbeing of children, the elderly, or individuals
with disabilities and shall convey that determination to the qualified
entity. Such criteria shall be based on the criteria established
pursuant to section 108(a)(3)(G)(i) of the Prosecutorial Remedies and
Other Tools to end the Exploitation of Children Today Act of 2003 (34
U.S.C. 40102 note) and section 658H of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858f).
The FBI is also drafting rules to implement the Bipartisan Safer
Communities Act of 2022 (BSCA), 28 U.S.C. 534, 34 U.S.C. 40901, and 34
U.S.C., Subt. IV, ch. 411, Refs. & Annos., Public Law 117-159, div A,
title II, sections 12001(a) and 12004(h), June 25, 2022, 136 Stat. 1313
and the National Instant Criminal Background Check System (NICS) Denial
Notification Act (NDNA) of 2022, 18 U.S.C. 921, 18 U.S.C. 925B through
925D, Public Law 117-103, div. W, title XI, sections 1101 through 1103,
March 15, 2022, 136 Stat. 919.
In accordance with the BSCA, the FBI will propose regulatory
amendments to include, but not be limited to: authorizing and
establishing the process for federal firearm licensees (FFLs) to
receive access to records of stolen firearms maintained in the FBI's
National Crime Information Center to verify if a firearm offered for
sale to the FFL has been reported stolen; authorizing, and establishing
the process for, FFLs to use NICS for the purpose of voluntary
background checks of certain current and/or prospective employees of
the FFL; and establishing the process when NICS has been contacted for
the prospective transfer of a firearm to a person under the age of 21.
For NICS transactions involving persons under the age of 21, proposed
regulation amendments will address, but may not be limited to, the BSCA
provisions regarding: (A) the application of a delay, up to the tenth
business day, if cause exists to further investigate a possibly
disqualifying juvenile record; (B) the required collection (and any
purge/retention) of residential address information submitted by an FFL
so the FBI may comply with the expanded background checks of such
persons; and (C) the process for conducting the expanded background
checks to determine if certain entities where such persons reside (the
state criminal history repository or juvenile justice information
system, the state custodian of mental health adjudication records; and
local law enforcement) have records establishing ``cause'' that such
persons have possibly disqualifying juvenile records under 18 U.S.C.,
section 922(d).
The NDNA mandates that, when the FBI denies a firearm transfer
during a NICS transaction, the Attorney General is to report various
information about that denial to local law enforcement authorities in
the state or tribe where a firearm was sought for transfer and, if
different, the local law enforcement authorities of the state or tribe
where the person resides. ``Local law enforcement authority'' is
defined by the NDNA at 18 U.S.C., section 921(a).
Regulatory amendments will be drafted outlining the process for
submitting, and the contents of, such denial notifications, including
language similar to the BSCA, addressing the required collection (and
purge/
[[Page 9429]]
retention) of a prospective transferee's residential address so the FBI
may contact the proper local law enforcement authorities should the
transaction be denied. Regulatory proposals based on the NDNA will also
address denial notifications being sent to prosecution authorities in
the jurisdiction where the firearm was sought and circumstances where
authorities need to be updated that a person who was the subject of a
denial notification has subsequently been determined to not be
prohibited. Regulation proposals from the NDNA will also address the
Attorney General's new, annual report to Congress concerning denial
notifications, and related statistics, from the previous year.
DOJ--CIVIL RIGHTS DIVISION (CRT)
Proposed Rule Stage
151. Implementation of the ADA Amendments Act of 2008: Federally
Conducted (Section 504 of the Rehabilitation Act of 1973) [1190-AA73]
Priority: Other Significant.
Legal Authority: Pub. L. 110-325; 29 U.S.C. 794 (sec. 504 of the
Rehab. Act of 1973); E.O. 12250 (45 FR 72855)
CFR Citation: 28 CFR 39.
Legal Deadline: None.
Abstract: Section 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. 794), prohibits discrimination on the basis of disability in
programs and activities conducted by an Executive agency. The
Department plans to revise its 504 Federally conducted regulation at 28
CFR part 39 to incorporate amendments to the statute, including the
changes in the meaning and interpretation of the applicable definition
of disability required by the ADA Amendments Act of 2008, Public Law
110-325, 122 Stat. 3553 (Sep. 25, 2008); incorporate requirements and
limitations stemming from judicial decisions; and make other non-
substantive clarifying edits, including updating outdated terminology
and references.
Statement of Need: This rule is necessary to bring the Department's
prior section 504 Federally conducted regulation, which has not been
updated in three decades, into compliance with judicial decisions
establishing rights and limitations under section 504, as well as
statutory amendments to the Rehabilitation Act, including the new
definition of disability provided by the ADA Amendments Act of 2008,
which became effective on January 1, 2009. Additionally, following the
passage of the Americans with Disabilities Act (ADA), amendments to the
Rehabilitation Act sought to ensure that the same precepts and values
embedded in the ADA were also reflected in the Rehabilitation Act. To
ensure the intended parity between the two laws, it is also necessary
to update the Federally conducted regulation to align it with the
relevant provisions of title II of the ADA. An updated Federally
conducted regulation would consolidate the existing section 504
requirements in one place for easy reference.
Summary of Legal Basis: The summary of the legal basis of authority
for this regulation is set forth above in the abstract.
Alternatives: There are no appropriate alternatives to issuing this
NPRM since it implements requirements and limitations arising from the
statute and judicial decisions.
Anticipated Cost and Benefits: Because the NPRM would incorporate
existing legal requirements and limitations in the Department's section
504 Federally conducted regulation, the Department does not anticipate
any costs from this rule.
Risks: Failure to update the Department's section 504 Federally
conducted regulation to conform to legal requirements and limitations
provided under the statute and judicial decisions will interfere with
the Department's ability to meet its non-discrimination requirements
under section 504.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/00/24
NPRM Comment Period End............. 01/00/25
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: Federal.
Additional Information: Transferred from RIN 1190-AA60.
Agency Contact: Rebecca Bond, Chief, Disability Rights Section,
Department of Justice, Civil Rights Division, 4 Constitution Square,
150 M Street NE, Washington, DC 20002, Phone: 202 307-0663.
RIN: 1190-AA73
DOJ--CRT
152. Nondiscrimination on the Basis of Disability by State and Local
Governments; Public Right-of-Way [1190-AA77]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: 42 U.S.C. 12134(a); 42 U.S.C. 12134(c)
CFR Citation: 28 CFR 35.
Legal Deadline: None.
Abstract: The Department of Justice anticipates issuing a Notice of
Proposed Rulemaking that would establish accessibility requirements to
help public entities meet their existing Americans with Disabilities
Act (ADA) obligations to ensure that sidewalks and other pedestrian
facilities in the public right-of-way are accessible to and usable by
individuals with disabilities. The Architectural and Transportation
Barriers Compliance Board (Access Board) has issued accessibility
guidelines for pedestrian facilities in the public right-of-way, and
the Department of Justice is required under the ADA to promulgate
regulations that include standards that are consistent with the Access
Board's minimum guidelines.
Statement of Need: This rule is necessary to help public entities
meet their existing ADA obligations to ensure that pedestrian
facilities in the public right-of-way are accessible to and usable by
individuals with disabilities. The Access Board intends to issue
minimum accessibility guidelines for pedestrian facilities in the
public right-of-way, and the ADA requires the Department of Justice to
include standards in its regulations implementing part A of title II of
the ADA that are consistent with the minimum ADA guidelines issued by
the Access Board. Accordingly, the Department of Justice intends to
propose requirements for pedestrian facilities covered by part A of
title II of the ADA that are consistent with the Access Board's minimum
Accessibility Guidelines for Pedestrian Facilities in the Public Right-
of-Way. These requirements would help ensure that people with
disabilities have access to sidewalks, curb ramps, pedestrian street
crossings, and other pedestrian facilities in the public right-of-way.
Summary of Legal Basis: The summary of the legal basis for this
regulation is set forth in the above abstract.
Alternatives: There are no appropriate alternatives to issuing this
NPRM because the ADA requires the Department of Justice to include
standards in its regulations implementing part A of title II of the
[[Page 9430]]
ADA that are consistent with the minimum ADA guidelines issued by the
Access Board. The Access Board's accessibility guidelines will only
become binding when the Department of Justice adopts them as legally
enforceable requirements through rulemaking.
Anticipated Cost and Benefits: The Department anticipates costs to
State and local governments given that this rule would require that
pedestrian facilities in the public right-of-way comply with the
Department's accessibility requirements under part A of title II of the
ADA. The Department also anticipates significant benefits to people
with disabilities, who would obtain greater access to sidewalks and
other pedestrian facilities in the public right-of-way.
Risks: Failure to adopt requirements for pedestrian facilities
covered by part A of title II of the ADA that are consistent with the
Access Board's minimum Accessibility Guidelines for Pedestrian
Facilities in the Public Right-of-Way would mean that such Access Board
guidelines would remain nonbinding and unenforceable. It would also
mean that the Department would not be complying with its obligation to
ensure that the standards in its regulations are consistent with the
minimum ADA guidelines issued by the Access Board.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Small Entities Affected: Governmental Jurisdictions.
Government Levels Affected: Local, State.
Federalism: Undetermined.
Agency Contact: Rebecca Bond, Chief, Disability Rights Section,
Department of Justice, Civil Rights Division, 4 Constitution Square,
150 M Street NE, Washington, DC 20002, Phone: 202 307-0663.
RIN: 1190-AA77
DOJ--CRT
153. Nondiscrimination on the Basis of Disability by State and Local
Governments: Medical Diagnostic Equipment [1190-AA78]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: 42 U.S.C. 12101 et seq.
CFR Citation: 28 CFR 35.
Legal Deadline: None.
Abstract: Title II of the Americans with Disabilities Act (ADA)
requires State and local governments to provide services, programs, and
activities in a manner that is accessible to people with disabilities.
The Department will seek public comment on proposed changes to its
regulations to adopt the U.S. Architectural and Transportation Barriers
Compliance Board's (Access Board) Standards for Medical Diagnostic
Equipment (MDE) to ensure that MDE is accessible to persons with
disabilities in their participation in or benefit of services,
programs, and activities provided by public entities. The Department
previously announced that it intended to issue an ANPRM, titled
Nondiscrimination on the Basis of Disability by State and Local
Governments and Places of Public Accommodation; Equipment and Furniture
(RIN 1190-AA76) addressing possible revisions to its ADA regulations to
ensure the accessibility of equipment and furniture generally. However,
given the specialized nature of MDE, the Department has decided to
publish a separate NPRM that addresses the accessibility of MDE.
Statement of Need: MDE that is accessible to individuals with
disabilities is often critical to a public entity's ability to provide
an individual with a disability with equal access to its health care
services, programs, and activities. The Department's ADA regulations
contain the ADA Standards for Accessible Design (the ADA Standards),
which include accessibility standards for some types of fixed or built-
in equipment and furniture. However, there are no specific provisions
in the ADA Standards or the ADA regulations explicitly addressing the
accessibility of MDE. While manufacturers have begun to offer MDE that
is more accessible to and usable by people with disabilities and the
Department has sought to ensure people with disabilities have equal
access to medical care under the ADA's general regulatory provisions
through enforcement and the issuance of technical assistance, the
Department recognizes that more specific standards are necessary to
guarantee full and equal access to health care services, programs, and
activities. This rule is necessary to ensure that inaccessible MDE does
not prevent people with disabilities from accessing title II entities'
services, programs, and activities.
Summary of Legal Basis: The summary of the legal basis for this
regulation is set forth in the above abstract.
Alternatives: There are no appropriate alternatives to issuing this
NPRM. The Access Board has issued standards on MDE, but these standards
only become legally enforceable under the ADA when the Department
adopts them through a rulemaking. Alternatively, the Department could
create its own technical standards for MDE for which the Access Board
does not adopt guidelines and implement them through a rulemaking.
Anticipated Cost and Benefits: The Department anticipates costs to
covered entities (i.e., State and local governments). Entities may need
to acquire new MDE to meet technical standards that the Department
includes in its regulations. The Department also anticipates
significant benefits to people with disabilities, who may obtain
greater access to public entities' services, programs, and activities,
which may improve their health or potentially save their lives.
Risks: Failure to adopt technical standards to ensure that people
with disabilities have access to MDE in public entities' programs,
services, and activities will prevent people with disabilities from
having the full and equal access to which they are entitled. The health
of people with disabilities may suffer as a result of unequal access to
medical care.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/23
NPRM Comment Period End............. 12/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Small Entities Affected: Governmental Jurisdictions.
Government Levels Affected: Local, State.
Federalism: Undetermined.
Agency Contact: Rebecca Bond, Chief, Disability Rights Section,
Department of Justice, Civil Rights Division, 4 Constitution Square,
150 M Street NE, Washington, DC 20002, Phone: 202 307-0663.
Related RIN: Split from 1190-AA76
RIN: 1190-AA78
[[Page 9431]]
DOJ--CRT
Final Rule Stage
154. Nondiscrimination on the Basis of Disability: Accessibility of Web
Information and Services of State and Local Government Entities [1190-
AA79]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 12101 et seq.
CFR Citation: 28 CFR 35.
Legal Deadline: None.
Abstract: The Americans with Disabilities Act (ADA) states that
``no qualified individual with a disability shall, by reason of such
disability, be excluded from participation in or be denied the benefits
of services, programs, or activities of a public entity, or be
subjected to discrimination by any such entity.'' 42 U.S.C. 12132.
However, many public entities' (i.e., State and local governments')
websites and mobile apps fail to incorporate or activate features that
enable users with disabilities to access the public entity's services,
programs, and activities. The Department published a Notice of Proposed
Rulemaking (NPRM) proposing to amend its title II ADA regulation to
provide technical standards to assist public entities in complying with
their existing obligations to make their websites and mobile apps
accessible to individuals with disabilities. The Department is working
to issue a final regulation on this topic.
Statement of Need: Just as steps exclude people who use wheelchairs
from a building, inaccessible websites or mobile apps can exclude
people with a range of disabilities from accessing critical State and
local government services, programs, and activities. The Department is
proposing technical requirements to provide concrete standards to
public entities on how to fulfill their obligations under title II to
provide access to all of their services, programs, and activities that
are offered via the web or mobile apps. The Department believes the
requirements described in this rule are necessary to ensure the
equality of opportunity, full participation, independent living, and
economic self-sufficiency for individuals with disabilities as set
forth in the ADA. 42 U.S.C. 12101(a)(7). This is particularly necessary
now that public entities increasingly rely on the web and mobile apps
to provide their services, programs, and activities.
Summary of Legal Basis: The summary of the legal basis for this
regulation is set forth in the above abstract.
Alternatives: There are no appropriate alternatives to issuing this
rule. In the NPRM, the Department discussed various regulatory
proposals that would ensure full access to websites and mobile apps of
State and local governments and solicited public comments on these
proposals. The Department will continue to evaluate these proposals as
it works to issue a final regulation.
Anticipated Cost and Benefits: The Department anticipates that this
rule will be economically significant (that is, that the rule will have
an annual effect on the economy of $200 million or more, or adversely
affect in a material way the economy, a sector of the economy, the
environment, public health or safety, or State, local or tribal
governments or communities). However, the Department believes that
revising its title II rule to clarify the obligations of State and
local governments to provide accessible websites and mobile apps will
significantly increase equal access by providing citizens with
disabilities the opportunity to participate in, and benefit from, State
and local government services, programs, and activities. It will also
ensure that individuals with disabilities have access to important
services and information that are provided over the web or through
mobile apps, such as benefits applications and emergency information.
In drafting its NPRM, the Department attempted to minimize the
compliance costs to State and local governments while maximizing the
benefits of compliance to persons with disabilities and the Department
will consider public comments it received on this issue when
promulgating its final rule.
Risks: If the Department does not revise its ADA title II
regulations to address website and mobile app accessibility, persons
with disabilities in many communities will continue to be unable to
access their State and local governments' services, programs, and
activities in the same manner as citizens without disabilities, and in
some cases persons with disabilities will not be able to access those
services at all. Furthermore, State and local governments will not have
specific information about how to meet their ADA obligations with
respect to website and mobile app accessibility.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/04/23 88 FR 51948
NPRM Comment Period End............. 10/03/23
Final Action........................ 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Governmental Jurisdictions.
Government Levels Affected: Local, State.
Agency Contact: Rebecca Bond, Chief, Disability Rights Section,
Department of Justice, Civil Rights Division, 4 Constitution Square,
150 M Street NE, Washington, DC 20002, Phone: 202 307-0663.
RIN: 1190-AA79
DOJ--DRUG ENFORCEMENT ADMINISTRATION (DEA)
Proposed Rule Stage
155. Telemedicine Prescribing of Controlled Substances When the
Practitioner and the Patient Have Not Had a Prior In-Person Medical
Evaluation [1117-AB40]
Priority: Other Significant.
Legal Authority: 21 U.S.C. 831(h); 21 U.S.C. 802(54); Pub. L. 115-
271, sec. 3232
CFR Citation: 21 CFR 1301.
Legal Deadline: Final, Statutory, October 24, 2019.
Abstract: The Ryan Haight Online Pharmacy Consumer Protection Act
of 2008 (the Act) (Pub. L. 110-425) was enacted on October 15, 2008,
and amended the Controlled Substances Act by adding various provisions
to prevent the illegal distribution and dispensing of controlled
substances by means of the internet. Among other things, the Act
required an in-person medical evaluation as a prerequisite to
prescribing or otherwise dispensing controlled substances by means of
the internet, except in the case of practitioners engaged in the
practice of telemedicine. The definition of the ``practice of
telemedicine'' includes seven distinct categories that involve
circumstances in which the prescribing practitioner might be unable to
satisfy the Act's in-person medical evaluation requirement yet
nonetheless has sufficient medical information to prescribe a
controlled substance for a legitimate medical purpose in the usual
course of professional practice. One specific category within the Act's
definition of the ``practice of telemedicine'' includes ``a
practitioner who has obtained from the [DEA Administrator] a special
registration
[[Page 9432]]
under [21 U.S.C. 831(h)].'' 21 U.S.C. 802(54)(E). The Act also
specifies certain criteria that the DEA must consider when evaluating
an application for such a registration. However, the Act contemplates
that the DEA must issue regulations to effectuate this special
registration provision.
After publishing an NPRM on March 1, 2023, and in response to the
large volume of comments received, DEA has since published a Notice of
Meeting to invite all interested persons, including medical
practitioners, patients, pharmacy professionals, industry members, law
enforcement, stakeholders, community leaders, and other third parties,
to participate in listening sessions held on September 12 and 13, 2023.
The additional feedback received will assist DEA in potential
rulemaking.
Statement of Need: In light of the information and feedback
received in public comments to the NPRM published on March 1, 2023, DEA
is considering a new NPRM on Telemedicine Prescribing of Controlled
Substances when the Practitioner and the Patient Have Not Had a Prior
In-Person Medical Evaluation in order to promulgate effective
regulations responsive to the general public and industry concerns.
Summary of Legal Basis: DEA implements and enforces the CSA and the
Controlled Substances Import and Export Act, (21 U.S.C. 801-971), as
amended. DEA publishes the implementing regulations for these statutes
in 21 CFR parts 1300 to end. These regulations are designed to ensure a
sufficient supply of controlled substances for medical, scientific, and
other legitimate purposes, and to deter the diversion of controlled
substances for illicit purposes.
As mandated by the CSA, DEA establishes and maintains a closed
system of control for manufacturing, distribution, and dispensing of
controlled substances, and requires any person who manufactures,
distributes, dispenses, imports, exports, or conducts research or
chemical analysis with controlled substances to register with DEA,
unless they meet an exemption, pursuant to 21 U.S.C. 822. The CSA
further authorizes the Administrator to promulgate regulations
necessary and appropriate to execute the functions of subchapter I
(Control and Enforcement) and subchapter II (Import and Export) of the
CSA. 21 U.S.C. 871(b), 958(f).
Alternatives: DEA is considering various alternatives, particularly
the proposed requirements outlined in the March 1, 2023 NPRM.
Anticipated Cost and Benefits: DEA anticipates this rule will not
be economically significant (that is, that the rule will not have an
annual effect on the economy of $200 million or more, or 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, territorial, or tribal governments or
communities). DEA believes the rule will reduce the cost of providing
and receiving medical care, increasing access, particularly for those
patients where an in- person medical evaluation is difficult, such as
patients in rural areas and with disabilities.
Risks: Failing to issue a rule on telemedicine would interfere with
DEA's mission to prevent, detect, and investigate the diversion of
controlled pharmaceuticals and listed chemicals from legitimate sources
while ensuring an adequate and uninterrupted supply for legitimate
medical, commercial, and scientific needs.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/01/23 88 FR 12875
NPRM Comment Period End............. 03/31/23
Temporary Rule...................... 05/10/23 88 FR 30037
Temporary Rule Effective............ 05/11/23
Second Temporary Rule............... 10/10/23 88 FR 69879
Second Temporary Rule Effective..... 11/11/23
NPRM................................ 12/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Additional Information: DEA Docket number 407.
URL For More Information: [email protected].
URL For Public Comments: www.regulations.gov.
Agency Contact: Scott A. Brinks, Section Chief, Regulatory Drafting
and Support Section, Diversion Control Division, Department of Justice,
Drug Enforcement Administration, 8701 Morrissette Drive, Springfield,
VA 22152, Phone: 571 362-8209, Email: [email protected].
RIN: 1117-AB40
DOJ--DEA
156. Import/Export and Domestic Transactions of Tableting and
Encapsulating Machines [1117-AB80]
Priority: Other Significant.
Legal Authority: 21 U.S.C. 802; 21 U.S.C. 821; 21 U.S.C. 822; 21
U.S.C. 827; 21 U.S.C. 830; 21 U.S.C. 871; 21 U.S.C. 951
CFR Citation: 21 CFR 1300.02; 21 CFR 1310.05(b)(2); 21 CFR 1310.07.
Legal Deadline: None.
Abstract: This regulation would amend the reporting requirements
found at 21 CFR 1310.05(b)(2) mandating notification to DEA of domestic
transactions involving tableting and encapsulating machines 15-days
before the seller ships the machine. The draft regulation also would
amend the definitions of a tableting machine and an encapsulating
machine to include parts thereof. Finally, the draft regulation seeks
to modernize customer verification requirements for transactions and
proposes modifications to DEA Form 452 to improve tracking of
transactions of tableting and encapsulating machines.
Statement of Need: In order to combat the opioid epidemic currently
fueled by counterfeit pills, it is necessary for DEA to amend the
reporting requirements for all imports, exports and domestic
transactions involving tableting and encapsulating machines and their
parts. The proposed amendments to Form 452 are intended to capture more
details about all transactions to allow DEA to closely monitor these
machines and parts as they move throughout the United States.
Additionally, this amended rule proposes to modify the verification
methods for regulated persons transacting tableting and encapsulating
machines, to reflect modern technological methods (e.g., internet
search). The proposed rule amendments will minimize the diversion of
tableting and encapsulating machines which will reduce the illegal
manufacturing of illicit drugs.
Summary of Legal Basis: DEA implements and enforces the CSA and the
Controlled Substances Import and Export Act, (21 U.S.C. 801-971), as
amended. DEA publishes the implementing regulations for these statutes
in 21 CFR parts 1300 to end. These regulations are designed to ensure a
sufficient supply of controlled substances for medical, scientific, and
other legitimate purposes, and to deter the diversion of controlled
substances for illicit purposes.
As mandated by the CSA, DEA establishes and maintains a closed
system of control for manufacturing, distribution, and dispensing of
controlled substances, and requires any person who manufactures,
distributes, dispenses, imports, exports, or conducts research or
chemical analysis with controlled substances to register with
[[Page 9433]]
DEA, unless they meet an exemption, pursuant to 21 U.S.C. 822. The CSA
further authorizes the Administrator to promulgate regulations
necessary and appropriate to execute the functions of subchapter I
(Control and Enforcement) and subchapter II (Import and Export) of the
CSA. 21 U.S.C. 871(b), 958(f).
Alternatives: There are no appropriate alternatives to issuing this
NPRM. This NPRM is being issued in accordance with statutory
requirements.
Anticipated Cost and Benefits: DEA anticipates this rule will not
be economically significant (that is, that the rule will not have an
annual effect on the economy of $200 million or more, or 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, territorial, or tribal governments or
communities). DEA believes the rule will reduce the time necessary to
properly complete and process the required forms for import and export
of tabulation and encapsulation machines, reducing delays, while
increasing the number of submissions. Any change to cost is expected to
be de minimis.
Risks: If this rule is not amended, tableting and encapsulating
machines that enter U.S. ports have a greater chance of being diverted
and used to illegally manufacture illicit drugs.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Additional Information: DEA Docket number 739.
URL For More Information: [email protected].
URL For Public Comments: http://www.regulations.gov.
Agency Contact: Scott A. Brinks, Section Chief, Regulatory Drafting
and Support Section, Diversion Control Division, Department of Justice,
Drug Enforcement Administration, 8701 Morrissette Drive, Springfield,
VA 22152, Phone: 571 362-8209, Email: [email protected].
RIN: 1117-AB80
DOJ--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW (EOIR)
Proposed Rule Stage
157. Clarifying Definitions and Analyses for Fair and Efficient Asylum
and Other Protection Determinations [1125-AB13]
Priority: Other Significant.
Legal Authority: 8 U.S.C. 1101(a)(42); 8 U.S.C. 1158; 8 U.S.C.
1225; 8 U.S.C. 1231 and 1231 note; Executive Order 14010, 86 FR 8267
(Feb. 2, 2021)
CFR Citation: 8 CFR 208; 8 CFR 235; 8 CFR 244; 8 CFR 1208; 8 CFR
1244.
Legal Deadline: None.
Abstract: This rule proposes to amend Department of Homeland
Security (DHS) and Department of Justice (DOJ) (collectively, ``the
Departments'') regulations that govern eligibility for asylum and
withholding of removal. The amendments focus on portions of the
regulations that address the definitions of membership in a particular
social group and the interpretation of several other elements of
eligibility for asylum that are often determinative in particular
social group claims, including the requirements of a failure of State
protection and determinations about whether persecution is on account
of a protected ground. The rule will also propose to republish, modify
or rescind portions of the Procedures for Asylum and Withholding of
Removal; Credible Fear and Reasonable Fear Review final rule (RINs
1125-AA94 and 1615-AC42).
This rule is consistent with Executive Order 14010 of February 2,
2021, which directs the Departments to promulgate joint regulations,
consistent with applicable law, addressing the circumstances in which a
person should be considered a member of a particular social group.
Statement of Need: This rule provides guidance on a number of key
interpretive issues of the refugee definition used by adjudicators
deciding asylum and withholding of removal (withholding) claims. The
interpretive issues include whether persecution is inflicted on account
of a protected ground, the requirements for establishing the failure of
State protection, and the parameters for defining membership in a
particular social group. This rule will aid in the adjudication of
claims made by applicants whose claims fall outside of the rubric of
the protected grounds of race, religion, nationality, or political
opinion. One example of such claims that often fall within the
particular social group ground concerns people who have suffered or
fear domestic violence. This rule is expected to consolidate issues
raised in a proposed rule in 2000 and to address issues that have
developed since the publication of the proposed rule. This rule should
provide greater stability and clarity in this important area of the
law. This rule will also provide guidance to the following
adjudicators: USCIS asylum officers, DOJ Executive Office for
Immigration Review (EOIR) immigration judges, and members of the EOIR
Board of Immigration Appeals.
Furthermore, on February 2, 2021, President Biden issued Executive
Order 14010 that directs DOJ and DHS [to] promulgate joint regulations,
consistent with applicable law, addressing the circumstances in which a
person should be considered a member of a ``particular social group,''
as that term is used in 8 U.S.C. 1101(a)(42)(A), as derived from the
1951 Convention relating to the Status of Refugees and its 1967
Protocol.
Summary of Legal Basis: The purpose of this rule is to provide
guidance on certain issues that have arisen in the context of asylum
and withholding adjudications. The 1951 Geneva Convention relating to
the Status of Refugees contains the internationally accepted definition
of a refugee. United States immigration law incorporates an almost
identical definition of a refugee as a person outside his or her
country of origin ``who is unable or unwilling to return to, and is
unable or unwilling to avail himself or herself of the protection of,
that country because of persecution or a well-founded fear of
persecution on account of race, religion, nationality, membership in a
particular social group, or political opinion.'' Section 101(a)(42) of
the Immigration and Nationality Act.
Alternatives: Because this rulemaking is mandated by executive
order, there are no feasible alternatives at this time.
Anticipated Cost and Benefits: DOJ and DHS are currently
considering the specific cost and benefit impacts of the proposed
provisions.
Risks: Without this rulemaking, the circumstances by which a person
is considered a member of a particular social group will continue to be
subject to judicial and agency interpretation, which may differ by
circuit.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Additional Information: RIN 1125-AB14 ``Procedures for Asylum and
[[Page 9434]]
Withholding of Removal, Credible Fear and Reasonable Fear Review'' has
been consolidated into this RIN.
URL For More Information: http://www.regulations.gov.
URL For Public Comments: http://www.regulations.gov.
Agency Contact: Raechel Horowitz, Chief, Immigration Law Division,
Office of Policy, Department of Justice, Executive Office for
Immigration Review, 5107 Leesburg Pike, Suite 1800, Falls Church, VA
22041, Phone: 703 305-0289, Email: [email protected].
Related RIN: Related to 1125-AA94, Related to 1615-AC65, Related to
1615-AC42
RIN: 1125-AB13
DOJ--EOIR
158. Appellate Procedures and Decisional Finality in Immigration
Proceedings; Administrative Closure [1125-AB18]
Priority: Other Significant.
Legal Authority: 5 U.S.C. 301; 6 U.S.C. 521; 8 U.S.C. 1101; 8
U.S.C. 1103; 8 U.S.C. 1154-1155; 8 U.S.C. 1158; 8 U.S.C. 1182; 8 U.S.C.
1226; 8 U.S.C. 1229; 8 U.S.C. 1229a; 8 U.S.C. 1229b; 8 U.S.C. 1229c; 8
U.S.C. 1231; 8 U.S.C. 1254a; 8 U.S.C. 1255; 8 U.S.C. 1324d; 8 U.S.C.
1330; 8 U.S.C. 1361-1362; 28 U.S.C. 509-510; 28 U.S.C. 1746; sec. 2
Reorg. Plan No. 2 of 1950, 3 CFR 1949-1953, Comp. p. 1002; sec. 203 of
Pub. L. 105-100, 111 Stat. 2196-200; secs. 1506 and 1510 of Pub. L.
106-386, 114 Stat. 1527-29, 1531-32; sec. 1505 of Pub. L. 106-554, 114
Stat. 2763A-326 to -328
CFR Citation: 8 CFR 1003; 8 CFR 1239; 8 CFR 1240; . . .
Legal Deadline: None.
Abstract: On December 16, 2020, by a rule titled Appellate
Procedures and Decisional Finality in Immigration Proceedings;
Administrative Closure (RIN 1125-AA96) the Department of Justice
(Department) amended its regulations regarding finality of case
disposition at both the immigration court and appellate levels. The
Department is planning to modify or rescind those regulations and to
clarify the authority of immigration judges and the Board of
Immigration Appeals (BIA) to administratively close, terminate,
dismiss, and sua sponte reopen and reconsider a case.
Statement of Need: On December 16, 2020, the Department amended the
regulations related to processing of appeals and EOIR adjudicator
authority to administratively close cases. Appellate Procedures and
Decisional Finality in Immigration Proceedings; Administrative Closure,
85 FR 81588 (RIN 1125-AA96). The Department has reconsidered its
position on those matters and proposed to revise the regulations
accordingly and make other related amendments. This proposed rule will
clarify immigration judge and the Board authority, including clarifying
general authority to administratively close, terminate, or dismiss a
case under certain circumstances and the authority to sua sponte reopen
and reconsider cases. The proposed rule also revises Board of
Immigration Appeals standards involving adjudication timelines,
briefing schedules, self-certification, remands, background checks,
administrative notice, and voluntary departure. Moreover, the proposed
rule rescinds the EOIR Director's authority to issue decisions in
certain cases, rescinds procedures for immigration judges to certify
cases for quality assurance, and revises procedures for background
checks, remand procedures for adjudication of voluntary departure, and
for the forwarding of the record on appeal, as well as other minor
revisions. The Department believes that this proposed rule is needed to
provide guidance to EOIR adjudicators about the necessary or
appropriate exercise of their general authorities to promote fairness
and efficiency in proceedings.
Summary of Legal Basis: The Attorney General has general authority
under 8 U.S.C. 1103(g) to establish regulations related to the
immigration and naturalization of noncitizens. Thus, this proposed rule
utilizes such authority to propose revisions to the regulations
regarding administrative determinations in immigration proceedings and
the authorities of EOIR adjudicators.
Alternatives: The December 2020 rule, 85 FR 81588 (Dec. 16, 2020),
was enjoined nationwide in March 2021. Nat'l Immigrant Just. Ctr. et
al., v. EOIR et al., 21-CV-0056 (D.D.C. Jan 14, 2021). Unless the
Department relies on litigation, there are no feasible alternatives to
revising the regulations. Relying on litigation could be extremely time
consuming and may introduce confusion as to whether the regulation is
in effect. Thus, the Department considers this alternative to be an
inadequate and inadvisable course of action.
Anticipated Cost and Benefits: The Department is largely
reinstating the briefing schedules and other appellate procedures that
the December 2020 rule revised. As stated in the December 2020 rule, 85
FR at 81650, the basic briefing procedures have remained across rules;
thus, the Department believes the costs to the public will be
negligible, if any, given that costs will revert back to those
established for decades prior to the December 2020 rule. The proposed
rule imposes no new additional costs, as much of the proposed rule
involves internal case processing. For those provisions that constitute
more than simple internal case processing measures, such as the
amendments to the EOIR adjudicator's administrative closure and
termination authority, they likewise would not impose significant costs
to the public. Indeed, such measures would generally reduce costs, as
they facilitate and reintroduce various mechanisms for fair, efficient
case processing.
Risks: Without this rulemaking, the regulations will remain
enjoined pending litigation (as described in the Alternatives section).
This is inadvisable, as litigation typically takes an inordinate time
to conclude. The Department strongly prefers proactively addressing the
regulations through this proposed rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/08/23 88 FR 62242
NPRM Comment Period End............. 11/07/23
Final Action........................ 03/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Additional Information: Related to EOIR Docket No. 19-0022.
URL For More Information: http://www.regulations.gov.
URL For Public Comments: http://www.regulations.gov.
Agency Contact: Raechel Horowitz, Chief, Immigration Law Division,
Office of Policy, Department of Justice, Executive Office for
Immigration Review, 5107 Leesburg Pike, Suite 1800, Falls Church, VA
22041, Phone: 703 305-0289, Email: [email protected].
Related RIN: Related to 1125-AA96
RIN: 1125-AB18
DOJ--EOIR
159. Hearing Requirements and Application Procedures for Asylum and
Related Protection [1125-AB22]
Priority: Other Significant.
Legal Authority: 8 U.S.C. 1103(g); 8 U.S.C. 1158; 8 U.S.C. 1229a
CFR Citation: 8 CFR 1208.13; 8 CFR 1208.14; 8 CFR 1240.11.
Legal Deadline: None.
Abstract: On December 16, 2020, by the rule titled Procedures for
Asylum and Withholding of Removal (RIN 1125-
[[Page 9435]]
AA93) the Department of Justice (Department) amended the regulations
governing the adjudication of applications for asylum and related
protection before EOIR, including requirements for filing a complete
application and consequences for filing an incomplete application,
filing and adjudication timelines for asylum and related protection in
certain proceedings before EOIR, and amendments related to the
information an immigration judge may consider when adjudicating
applications for asylum and related protection. To revise the
regulations related to EOIR adjudicatory procedures for asylum and
related protection, the Department initially considered two separate
rulemakings to generally require immigration judges to hold evidentiary
hearings for asylum and related protection before adjudicating such
applications (RIN 1125-AB22) and to reconsider the provisions that
focus on the filing and adjudication of such applications (RIN 1125-
AB15). After determining that these regulatory actions both relate to
the procedures for adjudicating applications for asylum and related
protection, the Department has decided to combine the two regulatory
actions into a single rulemaking under RIN 1125-AB22 to rescind or
modify the regulatory revisions made by Procedures for Asylum and
Withholding of Removal (RIN 1125-AA93) and clarify that immigration
judges must generally conduct an evidentiary hearing prior to
adjudicating an application for asylum or related protection,
consistent with Matter of E-F-H-L-, 26 I&N Dec. 319 (BIA 2014).
Statement of Need: This proposed rule will revise the regulations
related to adjudicatory procedures for asylum and withholding of
removal, including changes to asylum evidentiary hearings and
pretermission of such applications. On December 16, 2020, the
Department amended the regulations governing asylum and withholding of
removal, including changes to what must be included with an application
for it to be considered complete and the consequences of filing an
incomplete application, and changes related to the 180-day asylum
adjudications clock. Procedures for Asylum and Withholding of Removal,
85 FR 81698 (RIN 1125-AA93). In light of Executive Orders 14010 and
14012, 86 FR 8267 (Feb. 2, 2021) and 86 FR 8277 (Feb. 2, 2021), the
Department reconsidered its position on those matters and now issues
this proposed rule to revise the regulations accordingly.
Summary of Legal Basis: The Attorney General has general authority
under 8 U.S.C. 1103(g) to establish regulations related to the
immigration and naturalization of noncitizens. More specifically, under
8 U.S.C. 1158(d)(5)(B), the Attorney General has authority to provide
by regulation additional conditions and limitations consistent with the
INA for the consideration of asylum applications. Thus, this proposed
rule utilizes such authority to propose revisions to the regulations
related to EOIR adjudicatory procedures for asylum and withholding of
removal pursuant, in part, to 8 U.S.C. 1229a(c)(4)(B).
Alternatives: The December 2020 rule, 85 FR 81698 (Dec. 16, 2020),
was enjoined nationwide in January 2021. See Nat'l Immigrant Just. Ctr.
et al., v. EOIR et al., 21-CV-0056 (D.D.C. Jan 14, 2021). Unless the
Department relies on litigation, there are no feasible alternatives to
revising the regulations. Relying on litigation could be extremely time
consuming and may introduce confusion as to whether the regulation is
in effect. Additionally, without this proposed rule, the Department
would have to rely on an uncertain legal and procedural landscape
related to evidentiary hearings and pretermission. Thus, the Department
considers this alternative to be an inadequate and inadvisable course
of action.
Anticipated Cost and Benefits: The Department believes this
proposed rule will not be economically significant. This proposed rule
imposes no new additional costs to the Department or to respondents:
respondents have always been required to submit complete asylum
applications in order to have them adjudicated, and immigration judges
have always maintained the authority to set deadlines. In addition,
this proposed rule proposes no new fees. Additionally, evidentiary
hearings for asylum and related protection are generally standard
practice. Thus, the Department believes that the costs to the public
will be negligible. Any new minimal cost would be limited to the cost
of the public familiarizing itself with the proposed rule, although, as
previously stated, the proposed rule restores most of the regulatory
language to that which was in effect before the December 2020 rule.
Further, an immigration judge's ability to set filing deadlines is
already established by regulation, and filing deadlines for both
applications and supporting documents are already well-established
aspects of immigration court proceedings guided by regulations and the
Office of the Chief Immigration Judge Practice Manual. Thus, the
Department expects little in the proposed rule to require extensive
familiarization.
Risks: Without this rulemaking, the regulations will remain
enjoined pending litigation (as described in the Alternatives section).
This is inadvisable, as litigation is unpredictable and often takes a
long time to conclude. The Department strongly prefers proactively
addressing the regulations through this proposed rule. Additionally,
without this rulemaking, there will be a lack of clarity as to whether
asylum hearings on the merits are a general practice or whether asylum
applicants are generally entitled to such hearings.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Additional Information: Former RIN 1125-AB15 merged into this
rulemaking.
URL For More Information: http://regulations.gov.
URL For Public Comments: http://regulations.gov.
Agency Contact: Raechel Horowitz, Chief, Immigration Law Division,
Office of Policy, Department of Justice, Executive Office for
Immigration Review, 5107 Leesburg Pike, Suite 1800, Falls Church, VA
22041, Phone: 703 305-0289, Email: [email protected].
RIN: 1125-AB22
DOJ--EOIR
160. Clarifying and Revising Custody Determination Procedures for
Noncitizens Subject to Discretionary Detention (INA 236(a)/8 U.S.C.
1226 Detention) [1125-AB27]
Priority: Other Significant.
Legal Authority: 8 U.S.C. 1101; 8 U.S.C. 1103; 8 U.S.C. 1226; . . .
CFR Citation: 8 CFR 1003.19; 8 CFR 1236.1; 8 CFR 236.1; 8 CFR
236.7; 8 CFR 1236.7; 8 CFR 1240.10; 8 CFR 1003.8; . . .
Legal Deadline: None.
Abstract: The Department of Homeland Security (DHS), U.S.
Immigration and Customs Enforcement (ICE) and the Department of Justice
(DOJ) Executive Office for Immigration Review (EOIR) (collectively, the
Departments) are planning to amend the regulations that govern
detention and release determinations for noncitizens subject to the
custody provisions in section 236 of the Immigration and Nationality
Act (Act), 8 U.S.C. 1226(a). The goal of the proposed regulation
[[Page 9436]]
would be to clarify the scope and applicability of section 236(a) of
the Act, 8 U.S.C. 1226(a), and address the burden and standard of proof
for continued detention at initial custody determinations and any
custody redetermination hearings. This rulemaking is consistent with
Executive Order 14058, which directs agencies to take actions that
improve service delivery and customer experience by decreasing
administrative burdens, enhancing transparency, and improving the
efficiency and effectiveness of government.
Statement of Need: The proposed rule is needed to bring clarity and
uniformity to the procedures governing ICE initial custody decisions
and IJ bond hearings for noncitizens subject to discretionary detention
under INA 236(a). This rule will also revise the procedures for
determining whether a noncitizen is properly subject to INA 236(c)
detention. Additionally, this rule will clarify the detention authority
that applies during the petition for review process for certain
noncitizens seeking judicial review of their removal orders. Lastly,
the proposed rule will make organizational changes to the structure of
the EOIR regulations governing custody redetermination hearings and
address outdated provisions in the Departments' custody and bond
regulations. The Departments believe this rulemaking will help address
issues that frequently arise in litigation brought by noncitizens
challenging the Departments' existing custody and bond hearing
procedures and it may also help to resolve differing interpretations
among Federal circuit courts.
Summary of Legal Basis: The Attorney General has general authority
under 8 U.S.C. 1103(g) to establish regulations related to the
immigration and naturalization of noncitizens. More specifically, under
section 441 of the Homeland Security Act (HSA), the Attorney General
transferred the authority to oversee broad immigration enforcement
functions, including detention and removal, to DHS. Additionally,
pursuant to HSA 1101(a), the Attorney General retains and shares with
DHS the authority to detain or authorize bond for noncitizens under INA
236(a).
Alternatives: Unless the Departments rely on piecemeal litigation
to resolve the various issues that arise with respect to the existing
custody and bond hearing procedures, there are no feasible alternatives
to this rulemaking.
Anticipated Cost and Benefits: DOJ and DHS are currently
considering the specific cost and benefit impacts of the proposed
provisions.
Risks: Without this rulemaking, the procedures and standards
governing ICE custody procedures and IJ bond hearings will continue to
be subject to litigation and judicial interpretation which results in a
lack of nationwide uniformity. Moreover, the Departments are concerned
that the current regulatory framework risk allocating ICE's scarce
detention resources on noncitizens whose flight risk, if any, could be
managed effectively in the community, rather than on those whose
detention is necessary. The Departments strongly prefer proactively
addressing the regulations through this proposed rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: Federal.
Agency Contact: Raechel Horowitz, Chief, Immigration Law Division,
Office of Policy, Department of Justice, Executive Office for
Immigration Review, 5107 Leesburg Pike, Suite 1800, Falls Church, VA
22041, Phone: 703 305-0289, Email: [email protected].
RIN: 1125-AB27
BILLING CODE 4410-BP-P
U.S. DEPARTMENT OF LABOR
Fall 2023 Statement of Regulatory Priorities
Introduction
The Department's Fall 2023 Regulatory Agenda represents Acting
Secretary Su's commitment to build a worker-centric economy and good
jobs that change lives. These rules will advance the Department's
mission to foster, promote, and develop the welfare of the wage
earners, job seekers, and retirees of the United States; improve
working conditions; advance opportunities for profitable employment;
and assure work-related benefits and rights. Under Acting Secretary
Su's leadership, the Department's rulemaking is focused on centering
workers and improving job quality, empowering and protecting workers
and their families, and promoting equity in opportunity and pathways to
good jobs for all workers.
Since the start of the Biden Administration, the Department of
Labor has pursued rulemaking to advance the Administration's
priorities. To create and sustain good jobs, the Department has focused
rulemaking on worker health and safety, fair wages, and supporting
unions and workers who are organizing unions. The Department is
advancing equity and supporting marginalized communities through
rulemaking that bolsters protections for workers from discrimination.
To tackle the climate crisis, the Department is pursuing a rulemaking
on heat illness prevention in the workplace. Under the Administration's
priority to improve service delivery, customer experience and reduce
administrative burdens, the Department continues to regulate employer-
provided retirement security and health care. These include the
following rulemakings:
We issued a Final Rule to update the regulations
implementing Davis-Bacon and Related Acts--the most comprehensive
review of the regulation in 40 years--to ensure employers on federally
funded or assisted construction projects pay locally prevailing wages
to construction workers. The Final Rule will speed up prevailing wage
updates, creating efficiencies in the current system and ensuring that
prevailing wages keep up with actual wages. Over time, this would mean
higher wages for workers, which is especially important given the
administration's investments under the Investing in America Agenda.
We finalized the rescission of certain provisions related
to the religious exemption for federal contractors and subcontractors.
The rescission returned OFCCP to its longstanding approach of ensuring
that the religious exemption contained in Executive Order 11246 is
applied consistently with nondiscrimination principles of Title VII of
the Civil Rights Act of 1964, as amended. The rescission reaffirmed
nondiscrimination protections for employees of federal contractors.
We finalized the rulemaking to modify the agency's
procedures for using resources strategically to remove barriers to
equal employment opportunity. The rule strengthened OFCCP's ability to
resolve potential employment discrimination at federal contractor
workplaces, which created hurdles to effective enforcement.
We issued a Final Rule that requires employers to check a
box disclosing whether they are federal contractors or subcontractors
on their ``LM-10'' forms, which are filed if they hire a consultant to
persuade their workers about labor relations activities or to
``surveil'' employees or unions involved in a labor dispute.
We issued a proposed rule to amend the existing standards
to better
[[Page 9437]]
protect miners against occupational exposure to respirable crystalline
silica, a carcinogenic hazard, and to improve respiratory protection
for all airborne hazards.
We issued a proposed rule to provide guidance that would
help employers and workers determine whether a worker is an employee or
an independent contractor under the Fair Labor Standards Act. The
proposed rule would combat employee misclassification that leads to
workers being denied their rights and protections under federal labor
standards.
Along with the Departments of Treasury and Health and
Human Services, we issued a Final Rule implementing the No Surprises
Act, which aims to protect consumers against surprise medical bills.
The Final Rule makes certain medical claims payment processes more
transparent for providers and clarifies the process for providers and
health insurance companies to resolve their disputes.
Also, with the Departments of Treasury of Health and Human
Services, we issued proposed rules to better ensure that people seeking
coverage for mental health and substance use disorder care can access
treatment as easily as people seeking coverage for medical treatments.
The proposed rules aim to fully protect the rights of people seeking
mental health and substance use disorder benefits, under the Mental
Health Parity and Addition Equity Act, and to provide clear guidance to
plans and issuers on how to comply with the law's requirements.
The 2023 Regulatory Plan highlights the Labor Department's most
noteworthy and significant rulemaking efforts, with each addressing the
top priorities of its regulatory agencies: Employee Benefits Security
Administration (EBSA), Employment and Training Administration (ETA),
Mine Safety and Health Administration (MSHA), Office of Federal
Contract Compliance Programs (OFCCP), Occupational Safety and Health
Administration (OSHA), Office of Workers' Compensation Programs (OWCP),
and Wage and Hour Division (WHD). These regulatory priorities exemplify
the Acting Secretary's vision to center workers in the economy; protect
workers' rights, wages and safety on the job; and promote equity, job
quality, and pathways to good jobs for all workers, especially those
who have historically been left behind.
The Department's regulatory priorities also reflect our robust
engagement process with stakeholders and our strong culture of
evidence-based decision making. Through regular stakeholder meetings,
public hearings, Small Business Advocacy Review Panels, and public
comments on proposed regulations, the Department engages with diverse
stakeholders to seek input on our regulatory agenda overall or feedback
on proposed rules. We intentionally seek input from members of the
public who have not typically participated in the regulatory process,
including workers with disabilities, union members, small businesses,
low-paid workers, and immigrant workers, both as a Department and in
cooperation with federal partners like the SBA Office of Advocacy.
Among the specific rules described below, we include further details on
previous stakeholder engagement and future opportunities for
stakeholder engagement.
Centering Workers and Improving Job Quality
The Department's regulatory priorities reflect the Acting
Secretary's focus on centering workers in the economy and improving job
quality. This means protecting workers right to organize and form a
union and ensuring the creation of good jobs by upholding strong labor
and equity standards across every aspect of hiring and employment.
WHD will finalize updates to the executive,
administrative, and professional exemption for the Fair Labor Standards
Act. Updating the salary threshold would ensure that middle class jobs
pay middle class wages, extending important overtime pay protections to
millions of workers and raising their pay. Prior to issuing the
proposed rule, the Department conducted 27 virtual listening sessions
around the country with more than 2,000 participants to gather
information and input about possible changes to the overtime
regulations. In addition to reaching out to national stakeholders, the
Wage and Hour Division conducted 10 regional listening sessions for
workers and worker advocates as well as employers and business leaders.
This was an important and valuable step in the regulatory development
process.
WHD will finalize regulations that offer certain employees
employed under the federal service contracts a right of first refusal
of employment when contracts change over, thereby promoting the
retention of skilled workers in the federal services workforce.
Empowering and Protecting Workers and Their Families
The Department's regulatory priorities reflect the Acting
Secretary's focus on protecting workers' rights, wages and safety on
the job and fighting discrimination in the workplace. This means
leveling the playing field for America's workers by ensuring all
workers get the wages they've earned, especially those in low-wage and
historically underserved communities.
WHD will finalize regulations that address and clarify the
distinction between employees and independent contractors under the
Fair Labor Standards Act. This proposed rule also benefited from
extensive stakeholder engagement prior to its issuance.
ETA is proposing regulations that will ensure that H-2
visa programs promote worker voice and worker protections.
Under this priority, the Department is also focusing on
safeguarding workers' hard-earned benefits and pensions and ensuring
access to health benefits, including mental health and substance use
disorder benefits.
EBSA will finalize joint rulemaking with the Departments
of Health and Human Services and Treasury, implementing the Mental
Health Parity and Addiction Equity Act (MHPAEA) will promote compliance
and address amendments to the Act from the Consolidated Appropriations
Act of 2021 to ensure parity of mental health and substance abuse
disorder benefits so workers can access mental health care as easily as
other types of care.
EBSA, along with the Departments of Human and Human
Services and Treasury, will finalize joint rulemaking regarding
coverage of certain preventive services under the Affordable Care Act,
which would establish a new pathway for individuals to obtain
contraceptive services at no cost.
EBSA is proposing regulations to reevaluate the criteria
for a group or association of employers to be able to sponsor a
multiple employer group health plan.
EBSA is proposing to update the definition of the term
``fiduciary'' for a retirement plan to ensure retirement savers get
sound investment advice free from conflicts of interest.
The Department's health and safety regulatory proposals are aimed
at eliminating preventable workplace injuries, illnesses, and
fatalities. Workplace safety also protects workers' economic security,
ensuring that illness and injury do not force families into poverty.
Our efforts will prevent workers from having to choose between their
lives and their livelihood.
OSHA will propose an Infectious Diseases rulemaking to
protect employees in healthcare and other high-risk environments from
exposure to and
[[Page 9438]]
transmission of persistent and new infectious diseases, ranging from
ancient scourges such as tuberculosis to newer threats such as Severe
Acute Respiratory Syndrome (SARS), the 2019 Novel Coronavirus (COVID-
19), and other diseases.
OSHA will complete small business consultations as its
next step in advancing rulemaking on heat illness prevention to protect
workers from heat hazards in the workplace. Increased temperatures are
posing a serious threat to workers laboring outdoors and in non-climate
controlled indoor settings. Exposure to excessive heat is not only a
hazard in itself, causing heat illness and even death; it is also an
indirect hazard linked to the loss of cognitive skills which can also
lead to workplace injuries and worker deaths. Protecting workers will
help to save lives while we confront the growing threat of climate
change.
OSHA will propose regulations that update standards for
emergency response and preparedness to reflect the full range of
hazards or concerns currently facing emergency responders and other
workers providing skilled support and the major changes in performance
specifications for protective clothing and equipment.
MSHA will finalize a new silica standard to effectively
address health hazards and prevent irreversible diseases with a goal of
ensuring that all miners are safe at their workplaces.
MSHA will finalize a rule establishing that mine operators
must develop and implement a written safety program for mobile and
power haulage equipment used at surface mines and surface areas of
underground mines, in order to reduce accidents and provide safer
workplaces for miners.
Promoting Equity in Opportunity and Pathways to Good Jobs for All
Workers
The Department's regulatory priorities reflect the Acting
Secretary's focus on promoting access to good jobs free from
discrimination and harassment, especially for those who have
historically been left behind, and growing the workforce that brings in
all of America, with a focus on expanding opportunities for women and
people of color.
ETA will ensure job-seekers can more easily get the
support they need by issuing final rules updating the Wagner-Peyser
Employment Service regulations.
ETA is focused on apprenticeship and is proposing
regulations for a National Apprenticeship System that is more
responsive to worker and employer needs. This proposed rule was
extensively informed by the deliberations of the Department's
reconstituted Advisory Committee on Apprenticeships.
DOL--WAGE AND HOUR DIVISION (WHD)
Proposed Rule Stage
161. Defining and Delimiting the Exemptions for Executive,
Administrative, Professional, Outside Sales, and Computer Employees
[1235-AA39]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Unfunded Mandates: This action may affect the private sector under
Public Law 104-4.
Legal Authority: 29 U.S.C. 201 et seq.; 29 U.S.C. 213
CFR Citation: 29 CFR 541.
Legal Deadline: None.
Abstract: The Department of Labor (Department) proposes updating
and revising the regulations issued under the Fair Labor Standards Act
implementing the exemptions from minimum wage and overtime pay
requirements for executive, administrative, professional, outside
sales, and computer employees. Significant proposed revisions include
increasing the standard salary level to the 35th percentile of weekly
earnings of full-time salaried workers in the lowest-wage Census Region
(currently the South) $1,059 per week ($55,068 annually for a full-year
worker) and increasing the highly compensated employee total annual
compensation threshold to the annualized weekly earnings of the 85th
percentile of full-time salaried workers nationally ($143,988). The
Department is also proposing to add to the regulations an automatic
updating mechanism that would allow for the timely and efficient
updating of all the earnings thresholds. For additional information,
please see the Department's fall regulatory plan narrative statement.
Statement of Need: One of the primary goals of this rulemaking is
to update the salary level requirement of the section 13(a)(1)
exemption. A salary level test has been part of the regulations since
1938 and it has been long recognized that the best single test of the
employer's good faith in attributing importance to the employee's
services is the amount they pay for those services. In prior
rulemakings, the Department explained its commitment to update the
standard salary level and Highly Compensated Employees (HCE) total
compensation levels more frequently. Regular updates promote greater
stability, avoid disruptive salary level increases that can result from
lengthy gaps between updates and provide appropriate wage protection.
Summary of Legal Basis: Section 13(a)(1) of the FLSA, codified at
29 U.S.C. 213(a)(1), exempts any employee employed in a bona fide
executive, administrative, or professional capacity or in the capacity
of outside salesman (as such terms are defined and delimited from time
to time by regulations of the Secretary, subject to the provisions of
the [Administrative Procedure Act.]) The FLSA does not define the terms
executive, administrative, professional, or outside salesman. However,
Congress explicitly delegated to the Secretary of Labor the power to
define and delimit the specific terms of the exemptions through
regulations. Accordingly, the Department issues regulations at 29 CFR
part 541 defining the scope of the section 13(a)(1) exemptions.
Alternatives: The Department considered a range of alternatives
before selecting its proposed methods for updating the standard salary
level and the HCE compensation level. The Department proposes to update
the standard salary level using earnings for the 35th percentile of
full-time salaried workers in the lowest range Census Region (the
South), equivalent to $1,059 per week based on current data.
Alternatives considered for the standard salary level are: (1) 20th
percentile of earnings of nonhourly full-time workers in the South
Census region and the retail industry nationally equivalent to $822 per
week; (2) 10th percentile of earnings of likely exempt workers,
equivalent to $925 per week; (3) 40th percentile of earnings of
nonhourly full-time workers in the South Census region, equivalent to
$1,145 per week; and (4) a methodology based on the historical short
test salary level, equivalent to $1,378 per week.
The Department proposes to update the HCE compensation level using
earnings from the 85th percentile of all full-time salaried workers
nationally, equivalent to $143,988 per year. The Department also
considered the following alternative methods to set the HCE
compensation levels: (1) 80th percentile of nonhourly full-time workers
nationally, equivalent to $125,268 annually; and (2) 90th percentile of
nonhourly full-time workers nationally, equivalent to $172,796
annually.
The public is invited to provide comments on the proposed revisions
and possible alternatives.
Anticipated Cost and Benefits: The Department quantified three
direct costs
[[Page 9439]]
to employers in this analysis: (1) regulatory familiarization costs;
(2) adjustment costs; and (3) managerial costs. The Department
estimated in Year 1, regulatory familiarization costs would be $427.2
million, adjustment costs would be $240.8 million, and managerial costs
would be $534.9 million. Total direct employer costs in Year 1 would be
$1.2 billion. The Department additionally estimated that the proposed
rule over its first 10 years, would transfer approximately $1.3 billion
per year from employers to employees in the form of increased wages.
Risks: This action does not affect public health, safety, or the
environment.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/08/23 88 FR 62152
NPRM Comment Period End............. 11/07/23
Final Rule.......................... 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses, Governmental Jurisdictions,
Organizations.
Government Levels Affected: Federal, Local, State, Tribal.
Agency Contact: Amy DeBisschop, Director of the Division of
Regulations, Legislation, and Interpretation, Department of Labor, Wage
and Hour Division, 200 Constitution Avenue NW, FP Building, Room S-
3502, Washington, DC 20210, Phone: 202 693-0406.
RIN: 1235-AA39
DOL--WHD
Final Rule Stage
162. Nondisplacement of Qualified Workers Under Service Contracts
[1235-AA42]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: E.O. 14055
CFR Citation: 29 CFR 9.
Legal Deadline: None.
Abstract: On November 18, 2021, President Biden signed Executive
Order 14055 requiring the Secretary of Labor to issue final regulations
on the nondisplacement of qualified workers under service contracts.
Implementation of this Executive Order will promote retention of
experienced and skilled employees working on federal service contracts.
Service work supporting federal government functions occurs all over
the country, from federal building maintenance to services provided on
military bases to skilled technicians operating and maintaining federal
equipment. Under this Executive Order, when a federal service contract
transitions from one contractor to another, the new contractor will be
required to offer jobs to qualified employees who worked for the
previous contractor and performed their jobs well. This prevents
disruptions in federal services, makes it easier for employers to find
workers who are already trained for the job, and saves taxpayer
dollars.
Statement of Need: Executive Order 14055 requires the Secretary of
Labor to issue regulations on the nondisplacement of qualified workers
under service contracts.
Summary of Legal Basis: President Biden issued Executive Order
14055 pursuant to his authority under ``the Constitution and the laws
of the United States,'' expressly including the Procurement Act. 86 FR
66397. The Procurement Act authorizes the President to ``prescribe
policies and directives that the President considers necessary to carry
out'' the statutory purposes of ensuring ``economical and efficient''
government procurement and administration of government property. 40
U.S.C. 101.121(a). Executive Order 14055 directs the Secretary to issue
regulations to ``implement the requirements of this order.'' 86 FR
66399.
Alternatives: The Department has discussed a few specific
provisions in which limited alternatives are possible.
First, in cases where a prime contract is above the simplified
acquisition threshold, but their subcontract falls below this
threshold, the Department could potentially have discretion to exclude
these subcontracts from the requirements of this proposed rule.
However, the Department stated in the NPRM that, consistent with the
language in the Executive Order, where a prime contract is covered by
the rule, all subcontracts for services, regardless of size, would also
be covered. Second, the Department has some discretion in defining the
specific analysis that must be completed by contracting agencies
regarding location continuity. The Department is considering whether to
require contracting officers to analyze additional factors when
determining whether to decline to require location continuity. Any
requirement of a more in-depth analysis could potentially increase
costs for contracting agencies.
Anticipated Cost and Benefits: The rule could result in costs for
covered contractors and contracting agencies in the form of rule
familiarization costs, implementation costs, and recordkeeping costs.
The rule would increase the use of a carryover workforce which would
reduce disruption in the delivery of services during the period of
transition between contractors, maintains physical and information
security, and provides the Federal Government with the benefits of an
experienced and well-trained workforce that is familiar with the
Federal Government's personnel, facilities, and requirements.
The Department estimated both familiarization costs, implementation
costs and familiarization costs. Costs in Year 1 consists of
$11,124,370 in rule familiarization costs, $35,471,685 in
implementation costs ($7,518,342 for contractors and $27,953,342 for
contracting agencies), and $6,014,674 in recordkeeping costs.
Therefore, total Year 1 costs are $52,610,728. Costs in the following
years consist only of implementation and recordkeeping costs and amount
to $41,486,358. Average annualized costs over 10 years are $43 million
using a 7 percent discount rate, and $52 million using a 3 percent
discount rate.
Risks: This action does not affect the public health, safety, or
the environment.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/15/22 87 FR 42552
NPRM Comment Period End............. 08/15/22
Final Rule.......................... 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal.
Agency Contact: Amy DeBisschop, Director of the Division of
Regulations, Legislation, and Interpretation, Department of Labor, Wage
and Hour Division, 200 Constitution Avenue NW, FP Building, Room S-
3502, Washington, DC 20210, Phone: 202 693-0406.
RIN: 1235-AA42
DOL--WHD
163. Employee or Independent Contractor Classification Under the Fair
Labor Standards Act [1235-AA43]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Unfunded Mandates: This action may affect the private sector under
Public Law 104-4.
Legal Authority: 52 Stat. 1060, as amended; 29 U.S.C. 201-219
[[Page 9440]]
CFR Citation: 29 CFR 795; 29 CFR 780; 29 CFR 788.
Legal Deadline: None.
Abstract: On January 7, 2021, the Department of Labor (Department)
published a final rule on independent contractor status under the Fair
Labor Standards Act (FLSA). See 86 FR 1168 (2021 IC Rule). The
Department subsequently published final rules to delay and withdraw the
2021 IC Rule on March 4, 2021, and May 6, 2021, respectively. See 86 FR
12535 (Delay Rule); 86 FR 24303 (Withdrawal Rule). On March 14, 2022, a
district court in the Eastern District of Texas vacated the
Department's Delay and Withdrawal Rules, concluding that the 2021 IC
Rule became effective as of March 8, 2021. The Department has appealed
the district court's decision. The Department continues to believe that
the 2021 IC Rule does not fully comport with the FLSA's text and
purpose as interpreted by courts and has proposed to rescind the 2021
IC rule and set forth an analysis for determining employee or
independent contractor status under the Act that is more consistent
with existing judicial precedent and the Department's longstanding
guidance prior to the 2021 IC rule. The Department published an NPRM on
October 13, 2022. For additional information, please see the
Department's fall regulatory plan narrative statement.
Statement of Need: The Department believes it is appropriate to
consider rescinding the 2021 IC Rule and setting forth an analysis for
determining employee or independent contractor status under the Act
that is more consistent with existing judicial precedent and the
Department's longstanding guidance prior to the 2021 IC Rule.
Summary of Legal Basis: The Department's authority to interpret the
analysis for determining whether workers are employees or independent
contractors under the FLSA comes with its authority to administer and
enforce the Act. See 29 U.S.C. 201-219; see also Herman v. Fabri-
Centers of Am., Inc., 308 F.3rd 580, 592-93 & n.8 (6th Cir. 2002)
(noting that ``[t]he Wage and Hour Division of the Department of Labor
was created to administer the Act'' while agreeing with the
Department's interpretation of one of the Act's provisions); Dufrene v.
Browning-Ferris, Inc., 207 F.3rd 264, 267 (5th Cir. 2000) (``By
granting the Secretary of Labor the power to administer the FLSA,
Congress implicitly granted him the power to interpret.''); Condo v.
Sysco Corp., 1 F.3rd 599, 603 (7th Cir. 1993) (same).
Alternatives: The Department assessed four regulatory alternatives
in the proposed rule in addition to what it proposed. For the first
alternative, the Department considered codifying the common law control
test, which is used to distinguish between employees and independent
contractors under some other Federal laws, such as the Internal Revenue
Code. For the second alternative, the Department considered codifying
an ABC test to determine independent contractor status under the FLSA
similar to the ABC test recently adopted under California law. For the
third alternative, the Department considered a proposed rule that would
not fully rescind the 2021 IC Rule and instead retain some aspects of
that rule. For the fourth alternative, the Department considered
rescinding the 2021 IC Rule and providing guidance on employee or
independent contractor classification through subregulatory guidance
instead of through new regulations.
Anticipated Cost and Benefits: The total one-time regulatory
familiarization costs for establishments, governments, and independent
contractors are estimated to be $408 million. Regulatory
familiarization costs in future years were assumed to be de minimis.
Employers and independent contractors would continue to familiarize
themselves with the applicable legal framework in the absence of the
rule, so this rulemaking would not be expected to impose costs after
the first year. This would amount to a 10-year annualized cost of $56.4
million at a discount rate of 3 percent or $54.3 million at a discount
rate of 7 percent.
Benefits would include increased consistency with existing judicial
precedent and the Department's longstanding guidance, as well as
possibly reducing the occurrence of misclassification.
Risks: This action does not affect public health, safety, or the
environment.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/13/22 87 FR 62218
NPRM Comment Period Extended........ 10/26/22 87 FR 64749
NPRM Comment Period Extended End.... 12/13/22
Final Rule.......................... 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses, Governmental Jurisdictions,
Organizations.
Government Levels Affected: Undetermined.
Agency Contact: Amy DeBisschop, Director of the Division of
Regulations, Legislation, and Interpretation, Department of Labor, Wage
and Hour Division, 200 Constitution Avenue NW, FP Building, Room S-
3502, Washington, DC 20210, Phone: 202 693-0406.
RIN: 1235-AA43
DOL--EMPLOYMENT AND TRAINING ADMINISTRATION (ETA)
Proposed Rule Stage
164. Improving Protections for Workers in Temporary Agricultural
Employment in the United States [1205-AC12]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: 8 U.S.C. 1188; 29 U.S.C. 49 et seq.
CFR Citation: 29 CFR 501; 20 CFR 651; 20 CFR 653; 20 CFR 654; 20
CFR 655; 20 CFR 658.
Legal Deadline: None.
Abstract: The Department of Labor's (DOL) Employment and Training
Administration and Wage and Hour Division propose to amend regulations
to improve working conditions and protections for workers engaged in
temporary agricultural employment in the United States; and strengthen
protections in the recruitment, job order clearance, and oversight
processes. The proposed regulatory changes involve the Employment
Service and the H-2A non-immigrant visa program at 29 CFR part 501 and
20 CFR parts 651, 653, 654, 655, and 658.
The Department has identified a need to strengthen and clarify
protections for all temporary agricultural workers, including U.S.
workers and workers employed through the H-2A temporary agricultural
program. The H-2A temporary agricultural program allows agricultural
employers to perform agricultural labor or services of a temporary or
seasonal nature so long as there are not sufficient able, willing, and
qualified U.S. workers to perform the work and the employment of H-2A
workers does not adversely affect the wages and working conditions of
similarly employed workers in the United States. The use of the H-2A
program has grown substantially in recent years and the Department is
committed to protecting agricultural workers in light of their
significant vulnerabilities.
Statement of Need: The Department will propose revisions to the H-
2A regulations and the Employment Service regulations that will
strengthen
[[Page 9441]]
protections for agricultural workers and enhance the Department's
enforcement capabilities against fraud and program violations. The
Department has determined the proposed revisions will help prevent
exploitation and abuse of agricultural workers and ensure that
employers do not gain from their violations or contribute to economic
and workforce instability by circumventing the law.
Summary of Legal Basis: The Department's proposals to strengthen
protections and improve compliance are aimed at ensuring that the
Department can better fulfill its statutory responsibility at 8 U.S.C.
1188(a)(1) to certify that: (1) there are not sufficient workers who
are able, willing, and qualified, and who will be available at the time
and place needed, to perform the labor or services involved in the
petition; and (2) the employment of H-2A workers will not adversely
affect the wages and working conditions of workers in the United States
similarly employed, and its responsibility under the Wagner-Peyser Act
at 29 U.S.C. 49b to effectively assist in coordinating the State public
employment service offices throughout the country.
Alternatives: The Department has considered alternatives but
believes that rulemaking to update the H-2A regulations and the
Employment Service regulations is a reasonable approach to better
ensure the necessary worker protections are available and enforceable.
Anticipated Cost and Benefits: The Department estimates that the
proposed rule would result in costs and transfer payments. As shown in
Exhibit 1, the proposed rule is expected to have an annualized cost of
$2.03 million and a total 10-year quantifiable cost of $14.24 million,
each at a discount rate of 7 percent. The proposed rule is estimated to
result in annual transfer payments from H-2A employers to H-2A
employees of $12.81 million and total 10-year transfer payments of
$89.95 million at a discount rate of 7 percent.
The benefits are described above and include preventing
exploitation of vulnerable workers and ensuring that employers do not
benefit from exploitation.
Risks: To be determined.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/15/23 88 FR 63750
NPRM Comment Period End............. 11/14/23
Final Rule.......................... 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses, Governmental Jurisdictions.
Government Levels Affected: Local, Tribal.
Agency Contact: Brian Pasternak, Administrator, Department of
Labor, Employment and Training Administration, 200 Constitution Avenue
NW, Office of Foreign Labor Certification, Room N-5311, FP Building,
Washington, DC 20210, Phone: 202 693-8200, Email:
[email protected].
RIN: 1205-AC12
DOL--ETA
165. National Apprenticeship System Enhancements [1205-AC13]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: The National Apprenticeship Act, as amended (50
Stat. 664) 29 U.S.C. 50
CFR Citation: 29 CFR 29; 29 CFR 30.
Legal Deadline: None.
Abstract: The regulations at 29 CFR part 29 addressing labor
standards of apprenticeship and the governance of the National
Apprenticeship System were last updated in October 2008 to increase
administrative flexibility, ensure program quality, and promote
registered apprenticeship opportunity. The Department plans to revise
these regulations to strengthen, expand, modernize, and diversify the
National Apprenticeship System by enhancing worker protections and
equity, improving the quality of registered apprenticeships, revising
the state governance provisions, and more clearly establishing critical
pipelines to registered apprenticeships such as pre-apprenticeships so
that the National Apprenticeship System is more responsive to current
worker and employer needs. The Department will also make technical and
conforming adjustments to the current text of 29 CFR part 30 (governing
equal employment opportunity in apprenticeships) as appropriate. For
additional information, please see the Department's regulatory plan
narrative statement.
Statement of Need: The regulations governing the minimum labor
standards for the registration of apprenticeship programs at Title 29
of the Code of Federal Regulations (CFR) part 29 have not been updated
since 2008. With this action, the Department seeks to ensure that the
regulatory framework for the Registered Apprenticeship System remains
current with a range of emerging apprenticeship practices and program
structures that have developed since that time. The proposed revisions
will enable the Registered Apprenticeship System to continue its vital
role in developing a skilled, competitive American workforce.
Summary of Legal Basis: The National Apprenticeship Act of 1937
(also known as the Fitzgerald Act), 29 U.S.C. 50, gives the Secretary
broad power to promote, create, and set standards for apprenticeship
programs. The Act authorizes and directs the Secretary to formulate and
promote the furtherance of labor standards necessary to safeguard the
welfare of apprentices, to extend the application of such standards by
encouraging the inclusion thereof in contracts of apprenticeship, to
bring together employers and labor for the formulation of programs of
apprenticeship, to cooperate with State agencies engaged in the
formulation and promotion of standards of apprenticeship, and to
cooperate with the Secretary of Education in accordance with section 17
of title 20.
Alternatives: Alternatives are described in the text of the NPRM,
and the public will be provided an opportunity to comment upon them.
Anticipated Cost and Benefits: Registered apprenticeships provide
individuals with valuable training and skill development, and provide
businesses with a structure for developing a diverse pool of skilled
workers. Although the Department is unable to quantify the anticipated
benefits due to data limitations, the proposed rule is expected to
result in annualized costs of $152 million during the first 10 years
(2025-2034) at a discount rate of 7 percent based on preliminary
estimates.
Risks: This action does not affect public health, safety, or the
environment.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses, Governmental Jurisdictions,
Organizations.
Government Levels Affected: Federal, State.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
Agency Contact: John V. Ladd, Administrator, Office of
Apprenticeship, Department of Labor, Employment and Training
Administration, 200 Constitution
[[Page 9442]]
Avenue NW, FP Building, Room C-5311, Washington, DC 20210, Phone: 202
693-2796, Fax: 202 693-3799, Email: [email protected].
RIN: 1205-AC13
DOL--ETA
Final Rule Stage
166. Wagner-Peyser Act Staffing [1205-AC02]
Priority: Other Significant.
Legal Authority: Wagner-Peyser Act sec. 12 (29 U.S.C. 49k)
CFR Citation: 20 CFR 651; 20 CFR 652; 20 CFR 653; 20 CFR 658.
Legal Deadline: None.
Abstract: The Department proposed to revise the Wagner-Peyser Act
regulations regarding Employment Services (ES) staffing to require that
states use state merit staff to provide ES services, including Migrant
and Seasonal Farmworker (MSFW) services, and to improve service
delivery.
Statement of Need: The Department identified areas of the
regulation that changed to create a uniform standard of ES services
provision for States.
Summary of Legal Basis: The Department determined that it is vital
for the ES to be administered so that States deliver services
effectively and equitably to unemployment insurance beneficiaries and
other ES customers.
Alternatives: Two alternatives will be considered, and the public
had the opportunity to comment on these alternatives during the comment
period of the NPRM.
Anticipated Cost and Benefits: The proposed rule was estimated to
have one-time rule familiarization costs of $4,205 in 2020 dollars, as
well as unknown transition costs. The proposed rule also estimated the
rule to have annual transfer payments of $9.6 million for three of the
five States that currently have non-State merit staff providing some
labor exchange services; transfer payments are monetary payments from
one group to another, such as wages shifting from one employer to
another, that do not affect total resources available to society. The
transfer payments for this proposed rule were the estimated wage cost
increases to the States associated with employee wages and fringe
benefits. In the NPRM, the Department solicited comments from
stakeholders and the public on the unknown transition costs, plus
transfer payments that would be incurred by any States with some non-
State merit staff providing labor exchange services.
Risks: This action does not affect the public health, safety, or
the environment.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/20/22 87 FR 23700
NPRM Comment Period End............. 06/21/22
Final Rule.......................... 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: State.
Agency Contact: Kimberly Vitelli, Administrator, Office of
Workforce Investment, Department of Labor, Employment and Training
Administration, 200 Constitution Avenue NW, FP Building, Room C-4526,
Washington, DC 20210, Phone: 202 693-3980, Email:
[email protected].
RIN: 1205-AC02
DOL--EMPLOYEE BENEFITS SECURITY ADMINISTRATION (EBSA)
Proposed Rule Stage
167. Retirement Security Rule: Definition of an Investment Advice
Fiduciary [1210-AC02]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Unfunded Mandates: This action may affect the private sector under
Public Law 104-4.
Legal Authority: 29 U.S.C. 1002; 29 U.S.C. 1135; Reorganization
Plan No. 4 of 1978, 5 U.S.C. App. 252 (2020)
CFR Citation: 29 CFR 2510.3-21.
Legal Deadline: None.
Abstract: This rulemaking would amend the regulatory definition of
the term fiduciary set forth at 29 CFR 2510.3-21(c) to more
appropriately define when persons who render investment advice for a
fee to employee benefit plans and IRAs are fiduciaries within the
meaning of section 3(21) of ERISA and section 4975(e)(3) of the
Internal Revenue Code. The amendment would take into account practices
of investment advisers, and the expectations of plan officials and
participants, and IRA owners who receive investment advice, as well as
developments in the investment marketplace, including in the ways
advisers are compensated that can subject advisers to harmful conflicts
of interest. In conjunction with this rulemaking, EBSA also proposed
amendments to existing prohibited transaction exemptions to ensure
consistent protection of employee benefit plan and IRA investors.
Statement of Need: Many protections, duties, and liabilities in
ERISA hinge on fiduciary status; therefore, the determination of who is
a fiduciary is of central importance. The Department's existing
regulatory definition of an investment advice fiduciary, adopted in
1975, established a five-part test for status as a fiduciary. The 1975
regulation's five-part test is not founded in the statutory text of
ERISA, does not take into account the current nature and structure of
many individual account retirement plans and IRAs, is inconsistent with
the reasonable expectations of plan officials and participants, and IRA
owners who receive investment advice, and allows many investment advice
providers to avoid status as a fiduciary under federal pension laws.
Under ERISA, fiduciaries must avoid conflicts of interest or comply
with a prohibited transaction exemption with conditions designed to
protect retirement investors. A wide and compelling body of evidence
shows that conflicts of interest and forms of compensation that can
subject advisers to harmful conflicts of interest, if left unchecked,
too often result in biased investment advice and resulting harm to
retirement investors. In conjunction with this rulemaking, EBSA also
proposed amendments to existing prohibited transaction exemptions to
ensure consistent protection of employee benefit plan and IRA
investors.
Summary of Legal Basis: The Department is proposing the amendment
to its regulation defining a fiduciary pursuant to authority in ERISA
section 505 (29 U.S.C. 1135) and section 102 of Reorganization Plan No.
4 of 1978, 5 U.S.C. App. 252 (2020).
Alternatives: The Department considered as an alternative leaving
the 1975 regulation in place without change.
Anticipated Cost and Benefits: The proposed amendment to the 1975
regulation would extend the protections associated with fiduciary
status to more advice arrangements. The proposed regulation and
associated prohibited transaction exemptions are expected to require
providers of investment advice to adhere to a best interest standard,
charge no more than reasonable compensation, eliminate or mitigate
conflicts of interest, and make important disclosures to their
customers, among other things. These protections would deliver
substantial gains for retirement investors and economic benefits that
more than justify the costs. The costs of the regulation are largely
expected to stem from compliance with the associated prohibited
transaction
[[Page 9443]]
exemptions. Estimates of the cost of compliance are reflected in the
notice of proposed rulemaking.
Risks: The Department believes that the 1975 regulation must be
revised to align with retirement investors' reasonable expectations
regarding their relationships with investment advice providers and to
reflect developments in the investment advice marketplace since the
1975 regulation was adopted. Failure to appropriately define an
investment advice fiduciary under ERISA is likely to expose retirement
investors to conflicts of interest that will erode retirement savings.
The risks are especially great with respect to recommendations to roll
assets out of ERISA-covered plans to IRAs because of the central
importance of retirement plan savings to workers, the relative size of
rollover transactions, and the technical requirements of the current
fiduciary regulation, which have encouraged advisers to argue that
their advice falls outside the regulation's purview regardless of its
importance.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/03/23 88 FR 75890
NPRM Comment Period End............. 01/02/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: Undetermined.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
Agency Contact: Karen E. Lloyd, Office of Regulations and
Interpretations, Department of Labor, Employee Benefits Security
Administration, 200 Constitution Avenue NW, FP Building, Room N-5655,
Washington, DC 20210, Phone: 202 693-8510.
RIN: 1210-AC02
DOL--EBSA
168. Mental Health Parity and Addiction Equity Act and the Consolidated
Appropriations Act, 2021 [1210-AC11]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Unfunded Mandates: This action may affect the private sector under
Public Law 104-4.
Legal Authority: Pub. L. 116-260, Division BB, Title II; Pub. L.
110-343, secs. 511-512
CFR Citation: Not Yet Determined.
Legal Deadline: None.
Abstract: This rule would finalize proposed amendments to the final
rules implementing the Mental Health Parity and Addiction Equity Act
(MHPAEA). The amendments clarify plans' and issuers' obligations under
the law, promote compliance with MHPAEA, and update requirements to
take into account experience with MHPAEA in the years since the rules
were finalized. The rule would also finalize new regulations
implementing amendments to MHPAEA recently enacted as part of the
Consolidated Appropriations Act, 2021 (CAA, 2021).
Statement of Need: There have been a number of legislative
enactments related to MHPAEA since issuance of the 2014 final rules,
including the 21st Century Cures Act, the Support Act, and the CAA,
2021. This rule would propose amendments to the final rules and
incorporate examples and modifications to account for this legislation
and previously issued guidance and to take into account experience with
MHPAEA in the years since the rules were finalized. This rule would
also include new regulations implementing the nonquantitative treatment
limitation (NQTL) comparative analyses requirements set forth under the
CAA, 2021.
Summary of Legal Basis: The Department of Labor regulations would
be adopted pursuant to the authority contained in 29 U.S.C. 1002, 1135,
1182, 1185d, 1191a, 1191b, and 1191c; Secretary of Labor's Order 1-
2011, 77 FR 1088 (Jan. 9, 2012).
Alternatives: The Departments considered various approaches related
to NQTLs as well as comparative analysis requirements. These
alternatives included not expressly incorporating the statutory
requirements that NQTLs be no more restrictive for MH/SUD than M/S and
requiring plans to include specific data elements in their comparative
analysis These alternatives will be included in the published final
rule.
Anticipated Cost and Benefits: The Departments anticipate that the
MHPAEA final rules would improve the quality of the comparative
analyses conducted by plans and issuers, as required by the CAA, 2021,
help plans and issuers better understand and fulfill their obligations
under MHPAEA, and promote greater transparency regarding discrepancies
between mental health and substance use disorder benefits and medical/
surgical benefits. The Departments believe that the amendments could
cause plans and issuers to revise their policies and remove limitations
on treatments for mental health and substance use disorders. This will
provide improved access for participants and beneficiaries seeking MH/
SUD treatments which will result in better health outcomes. These
expanded protections and clarifications will greatly benefit plans,
participants and beneficiaries and more than justify the costs. The
costs of the proposed rule include costs to the plans and issuers
associated with expanded coverage and utilization, collecting,
analyzing and documenting data under the revised NQTL comparative
analyses requirements.
Risks: Risks and areas of uncertainty regarding potential impacts
will be included in the final rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/03/23 88 FR 51552
NPRM Comment Period Extended........ 09/28/23 88 FR 66728
NPRM Comment Period Extended End.... 10/17/23
NPRM Analyze Comments............... 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Federal, State.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
Agency Contact: Amber Rivers, Director, Office of Health Plan
Standards and Compliance Assistance, Department of Labor, Employee
Benefits Security Administration, 200 Constitution Avenue NW,
Washington, DC 20210, Phone: 202 693-8335, Email: [email protected].
RIN: 1210-AC11
DOL--EBSA
169. Definition of `Employer' Under Section 3(5) of ERISA-Association
Health Plans [1210-AC16]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Unfunded Mandates: Undetermined.
Legal Authority: 29 U.S.C. 1002; 29 U.S.C. 1135
CFR Citation: 29 CFR 2510.3-3, -5.
Legal Deadline: None.
Abstract: In this rulemaking, the Department of Labor's Employee
Benefits Security Administration (EBSA) will explore whether to
withdraw, or withdraw and replace, its regulation at 29 CFR 2510.3-5,
published as a final rule in 2018, which
[[Page 9444]]
established an alternative set of criteria for determining when an
employer association may act indirectly in the interest of an employer
under section 3(5) of the Employee Retirement Income Security Act
(ERISA) for purposes of establishing a multiple employer group health
plan. The United States District Court for the District of Columbia
vacated portions of the final rule in a 2019 decision in New York v.
United States Department of Labor, 363 F. Supp. 3d 109 (D.D.C. 2019).
EBSA will reevaluate the criteria for a group or association of
employers to be able to sponsor a multiple employer group health plan.
Statement of Need: To be determined.
Summary of Legal Basis: To be determined.
Alternatives: To be determined.
Anticipated Cost and Benefits: To be determined.
Risks: To be determined.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/23
Final Rule.......................... 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Undetermined.
Federalism: Undetermined.
Agency Contact: Jeffrey J. Turner, Deputy Director, Office of
Regulations and Interpretations, Department of Labor, Employee Benefits
Security Administration, 200 Constitution Avenue NW, FP Building, Room
N-5655, Washington, DC 20210, Phone: 202 693-8500.
RIN: 1210-AC16
DOL--EBSA
Final Rule Stage
170. Coverage of Certain Preventive Services Under the Affordable Care
Act [1210-AC13]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: Pub. L. 111-148, sec. 1001
CFR Citation: Not Yet Determined.
Legal Deadline: None.
Abstract: This rule would finalize proposed amendments to the final
rules regarding religious and moral exemptions and accommodations
regarding coverage of certain preventive services under Title I of the
Patient Protection and Affordable Care Act.
Statement of Need: Previous rules, regulations, and court decisions
have left many women without contraceptive coverage and access to
contraceptive services without cost sharing. These rules would seek to
resolve the long- running litigation with respect to religious
objections to providing contraceptive coverage by honoring the
objecting entities' religious objections while also ensuring that women
enrolled in a group health plan established or maintained, or in health
insurance covered offered or arranged, by an objecting entity have the
opportunity to obtain contraceptive services at no cost. These rules
would also eliminate the exemption for entities and individuals that
object to contraceptive coverage based on non-religious moral beliefs,
which prevents access to contraceptive services without cost sharing.
Summary of Legal Basis: The Department of Labor regulations would
be adopted pursuant to the authority contained in 29 U.S.C. 1002, 1135,
1182, 1185d, 1191a, 1191b, and 1191c; Secretary of Labor's Order 1-
2011, 77 FR 1088 (Jan. 9, 2012).
Alternatives: In developing this rule, the Departments considered
various alternative approaches. The Departments considered maintaining
the exemption (along with the existing accommodations and the proposed
individual contraceptive arrangement) with respect to group health
plans, health insurance issuers, and institutions of higher education
that have a non-religious, moral objection to contraceptive coverage.
With respect to individuals enrolled in coverage through entities that
have a religious objection to contraceptive coverage, the Departments
considered an approach under which contraceptive coverage would be
available through separate individual insurance policies that cover
only contraceptives and in which participants, beneficiaries, and
enrollees would have to separately enroll if they desired contraceptive
coverage. The Departments also considered an approach under which, if
an objecting entity contracts for a health plan without contraceptive
coverage, the contraceptive coverage requirement would apply directly
to the issuer in the case of a fully insured plan, or the third party
administrator in the case of a self-insured plan. The issuer or third
party administrator would then be required to fulfill its separate and
independent obligation to provide contraceptive coverage.
Anticipated Cost and Benefits: This rule is expected to increase
access to contraceptive services without cost sharing through the
individual contraceptive arrangement for eligible individuals and the
elimination of the exemption for entities and individuals that object
to contraceptive coverage based on non-religious moral beliefs. This
rule would increase health equity given the disproportionate burden of
out-of-pocket spending on contraceptive services currently faced by
low-income individuals (as those individuals with lower incomes must
spend a greater percentage of their incomes on contraceptive services).
This rule would also lead to better health outcomes for eligible
individuals by increasing access to contraceptive services and reducing
unintended pregnancies. Participating providers of contraceptive
services (including clinicians, facilities, and pharmacies) and issuers
would incur costs associated with entering into signed agreements for
reimbursement of costs associated with the provision of contraceptive
services to eligible individuals, including costs of verifying consumer
eligibility and other associated administrative costs. Eligible
individuals would incur costs associated with participating in the
individual contraception arrangement, including confirming eligibility
to their provider of contraceptive services. HHS estimates the total
cost to providers of contraceptive services, issuers, and eligible
individuals to be approximately $30.2 million annually. The rule would
also lead to a reduction in health care costs for individuals, issuers,
group health plan sponsors, and states due to reductions in unintended
pregnancies.
Risks: Departments do not have information on the number of
entities and individuals that have claimed a moral exemption to
providing contraceptive coverage and are therefore uncertain of the
amount of the potential transfer from plans and issuers to
participants, beneficiaries, and enrollees due to reduced out-of-pocket
spending on contraceptive services associated with the proposed
elimination of the exemption for entities and individuals that object
to contraceptive coverage based on nonreligious moral beliefs. The
Departments estimate that the provision of the individual contraceptive
arrangement could lead to a transfer from the Federal Government to
individuals (via issuers to providers of contraceptive services) of
approximately $49.9 million annually. This estimate is uncertain due to
the limited information available in the 2019 user fee adjustment data.
The Departments are uncertain as to how the number of participating
providers might vary (for example, across rural and urban areas) and
how this variation might affect access to services under the individual
[[Page 9445]]
contraceptive arrangement. Due to the lack of data, the Departments are
unable to develop a precise estimate of the number of eligible
individuals who might participate in the individual contraceptive
arrangement. This overall lack of data leads to uncertainty regarding
the magnitudes of the total cost savings to eligible individuals and
any resulting potential cost savings to states (associated with reduced
spending on State-funded programs that provide contraceptive services
or a potential reduction in the number of unintended pregnancies that
would otherwise impose costs to states).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/02/23 88 FR 7236
NPRM Comment Period End............. 04/03/23
Final Rule.......................... 08/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Federal, Local, State.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
Agency Contact: Amber Rivers, Director, Office of Health Plan
Standards and Compliance Assistance, Department of Labor, Employee
Benefits Security Administration, 200 Constitution Avenue NW,
Washington, DC 20210, Phone: 202 693-8335, Email: [email protected].
RIN: 1210-AC13
DOL--MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)
Final Rule Stage
171. Respirable Crystalline Silica [1219-AB36]
Priority: Section 3(f)(1) Significant. Major status under 5 U.S.C.
801 is undetermined.
Legal Authority: 30 U.S.C. 811; 30 U.S.C. 813(h); 30 U.S.C. 957
CFR Citation: 30 CFR 56; 30 CFR 57; 30 CFR 60; 30 CFR 70; 30 CFR
71; 30 CFR 72; 30 CFR 75; 30 CFR 90.
Legal Deadline: None.
Abstract: Many miners are exposed to respirable crystalline silica
(RCS) in respirable dust. These miners can develop lung diseases such
as chronic obstructive pulmonary disease, and various forms of
pneumoconiosis, such as silicosis, progressive massive fibrosis, and
rapidly progressive pneumoconiosis.
These diseases are irreversible and may ultimately be fatal. MSHA's
existing standards limit miners' exposures to RCS. MSHA will publish a
final rule to address the existing permissible exposure limit of RCS
for all miners and to update the existing respiratory protection
standards under 30 CFR 56, 57, and 72.
Statement of Need: Many miners are exposed to respirable
crystalline silica (RCS) in respirable dust, which can result in the
onset of diseases such as silicosis and rapidly progressive
pneumoconiosis. These lung diseases are irreversible and may ultimately
be fatal. MSHA is examining the existing limit on miners' exposures to
RCS to safeguard the health of America's miners. Based on MSHA's
experience with existing standards and regulations, as well as OSHA's
RCS standards and NIOSH research, MSHA will develop a rule applicable
to metal, nonmetal, and coal operations.
Summary of Legal Basis: Sections 101(a), 103(h), and 508 of the
Federal Mine Safety and Health Act of 1977 (Mine Act), as amended (30
U.S.C. 811(a), 813(h), and 957).
Alternatives: MSHA will examine one or two different levels of
miners' RCS exposure limit and assess the technological and economic
feasibility of such option(s).
Anticipated Cost and Benefits: To be determined.
Risks: Miners face impairment risk of health and functional
capacity due to RCS exposures. MSHA will examine the existing RCS
standard and determine ways to reduce the health risks associate with
RCS exposure.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information (RFI)....... 08/29/19 84 FR 45452
RFI Comment Period End.............. 10/28/19
NPRM................................ 07/13/23 88 FR 44852
NPRM Comment Period Extended........ 08/14/23 88 FR 54961
NPRM Comment Period Extended End.... 09/11/23
NPRM Notice of Public Hearings...... 07/26/23 88 FR 48146
NPRM Public Hearing in Arlington 08/03/23
Virginia.
NPRM Public Hearing in Beckley, West 08/10/23
Virginia.
NPRM Public Hearing in Denver, 08/21/23
Colorado.
Final Rule.......................... 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Small Entities Affected: Businesses, Governmental Jurisdictions.
Government Levels Affected: Local, State.
Agency Contact: S. Aromie Noe, Director, Office of Standards,
Regulations, and Variances, Department of Labor, Mine Safety and Health
Administration, 201 12th Street S, Suite 401, Arlington, VA 22202,
Phone: 202 693-9440, Fax: 202 693-9441.
RIN: 1219-AB36
DOL--MSHA
172. Safety Program for Surface Mobile Equipment [1219-AB91]
Priority: Other Significant.
Legal Authority: 30 U.S.C. 811; 30 U.S.C. 813(h); 30 U.S.C. 957
CFR Citation: 30 CFR 56; 30 CFR 57; 30 CFR 77.
Legal Deadline: None.
Abstract: MSHA would require mine operators to establish a written
safety program for mobile equipment and powered haulage equipment
(except belt conveyors) used at surface mines and surface areas of
underground mines. Under this proposal, mine operators would be
required to assess hazards and risks and identify actions to reduce
accidents related to surface mobile equipment. The operators would have
flexibility to develop and implement a safety program that would work
best for their mining conditions and operations. This proposed rule
would reduce fatal and nonfatal injuries involving surface mobile
equipment used at mines and improve miner safety and health.
Statement of Need: Although mine accidents are declining, accidents
involving mobile and powered haulage equipment are still a leading
cause of fatalities in mining. To reduce fatal and nonfatal injuries
involving surface mobile equipment used at mines, MSHA is proposing a
regulation that would require mine operators employing six or more
miners to develop a written safety program for mobile and powered
haulage equipment (excluding belt conveyors) at surface mines and
surface areas of underground mines. The written safety program would
include actions mine operators would take to identify hazards and risks
to reduce accidents, injuries, and fatalities related to surface mobile
equipment.
Summary of Legal Basis: Sections 101(a), 103(h), and 508 of the
Federal Mine Safety and Health Act of 1977 (Mine Act), as amended (30
U.S.C. 811(a), 813(h), and 957).
Alternatives: MSHA considered requiring all mines, regardless of
size, to
[[Page 9446]]
develop and implement a written safety program for surface mobile
equipment. Based on the Agency's experience, MSHA concluded that a mine
operator with five or fewer miners would generally have a limited
inventory of surface mobile equipment. These operators would also have
less complex mining operations, with fewer mobile equipment hazards
that would necessitate a written safety program. Thus, these mine
operators are not required to have a written safety program, although
MSHA would encourage operators with five or fewer miners to have safety
programs. MSHA will consider comments and suggestions received on
alternatives or best practices that all mines might use to develop
safety programs (whether written or not) for surface mobile equipment.
Anticipated Cost and Benefits: The proposed rule would not be
economically significant, and it would have some net benefits.
Risks: Miners operating mobile and powered haulage equipment or
working nearby face risks of workplace injuries, illnesses, or deaths.
The proposed rule would allow a flexible approach to reducing hazards
and risks specific to each mine so that mine operators would be able to
develop and implement safety programs that work for their operation,
mining conditions, and miners.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information (RFI)....... 06/26/18 83 FR 29716
Notice of Public Stakeholder 07/25/18 83 FR 35157
Meetings.
Stakeholder Meeting--Birmingham, AL. 08/07/18
Stakeholder Meeting--Dallas, TX..... 08/09/18
Stakeholder Meeting (Webinar)-- 08/16/18
Arlington, VA.
Stakeholder Meeting--Reno, NV....... 08/21/18
Stakeholder Meeting--Beckley, WV.... 09/11/18
Stakeholder Meeting--Albany, NY..... 09/20/18
Stakeholder Meeting--Arlington, VA.. 09/25/18
RFI Comment Period End.............. 12/24/18
NPRM................................ 09/09/21 86 FR 50496
NPRM Comment Period End............. 11/08/21
NPRM Reopening of the Rulemaking 12/20/21 86 FR 71860
Record for.
Public Comments.....................
Virtual Public Hearing.............. 01/11/22
NPRM Comment Period Reopened End.... 02/11/22
Final Rule.......................... 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: S. Aromie Noe, Director, Office of Standards,
Regulations, and Variances, Department of Labor, Mine Safety and Health
Administration, 201 12th Street S, Suite 401, Arlington, VA 22202,
Phone: 202 693-9440, Fax: 202 693-9441.
RIN: 1219-AB91
DOL--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)
Prerule Stage
173. Heat Illness Prevention in Outdoor and Indoor Work Settings [1218-
AD39]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: Not Yet Determined
CFR Citation: None.
Legal Deadline: None.
Abstract: Heat is the leading weather-related killer. Excessive
heat can cause heat stroke and even death if not treated properly. It
also exacerbates existing health problems like asthma, kidney failure,
and heart disease. Workers in agriculture and construction are at
highest risk, but the problem affects all workers exposed to heat,
including indoor workers without climate-controlled environments.
Essential jobs where employees are exposed to high levels of heat are
disproportionately held by Black and Brown workers.
Heat stress killed 815 U.S. workers and seriously injured more than
70,000 workers from 1992 through 2017, according to the Bureau of Labor
Statistics. However, this is likely a vast underestimate, given that
injuries and illnesses are under reported in the U.S., especially in
the sectors employing vulnerable and often undocumented workers.
Further, heat is not always recognized as a cause of heat-induced
injuries or deaths and can easily be misclassified, because many of the
symptoms overlap with other more common diagnoses.
To date, California, Oregon, Washington, Minnesota, and the US
military have issued heat protections. OSHA currently relies on the
general duty clause (OSH Act section 5(a)(1)) to protect workers from
this hazard. Notably, from 2013 through 2017, California used its heat
standard to conduct 50 times more inspections resulting in a heat-
related violation than OSHA did nationwide under its general duty
clause. It is likely to become even more difficult to protect workers
from heat stress under the general duty clause in light of the 2019
Occupational Safety and Health Review Commission's decision in
Secretary of Labor v. A.H. Sturgill Roofing, Inc.
OSHA was petitioned by Public Citizen for a heat stress standard in
2011. The Agency denied this petition in 2012, but was once again
petitioned by Public Citizen, on behalf of approximately 130
organizations, for a heat stress standard in 2018 and 2019. In 2019 and
2021, some members of the Senate also urged OSHA to initiate rulemaking
to address heat stress.
Given the potentially broad scope of regulatory efforts to protect
workers from heat hazards, as well as a number of technical issues and
considerations with regulating this hazard (e.g., heat stress
thresholds, heat acclimatization planning, exposure monitoring, medical
monitoring), OSHA published an ANPRM on Heat Injury and Illness
Prevention in Outdoor and Indoor Work Settings (October 27, 2021) to
begin a dialogue and engage with stakeholders to explore the potential
for rulemaking on this topic. For additional information, please see
the Department's fall regulatory plan narrative statement.
Statement of Need: Heat stress killed more than 900 US workers, and
caused serious heat illness in almost 100 times as many, from 1992
through 2017, according to the Bureau of Labor Statistics. However,
this is likely a vast underestimate, given that injuries and illnesses
are underreported in the US, especially in the sectors employing
vulnerable and often undocumented workers. Further, heat is not always
recognized as a cause of heat-induced illnesses or deaths, which are
often misclassified, because many of the symptoms overlap with other
more common diagnoses.
Summary of Legal Basis: The Occupational Safety and Health Act of
1970 authorizes the Secretary of Labor to set mandatory occupational
safety and health standards to assure safe and healthful working
conditions for working men and women (29 U.S.C. 651).
[[Page 9447]]
Alternatives: One alternative to proposed rulemaking would be to
take no regulatory action and instead rely upon the General Duty Clause
(OSH Act Section 5(a)(1) for select enforcement activity). As OSHA
develops more information, it will also make decisions relating to the
scope of the standard and the requirements it may impose.
Anticipated Cost and Benefits: The estimates of costs and benefits
are still under development.
Risks: Analysis of risks is still under development.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 10/27/21 86 FR 59309
ANPRM Comment Period Extended....... 12/02/21 86 FR 68594
ANPRM Comment Period Extended End... 01/26/22
Initiate SBREFA..................... 06/02/23
Complete SBREFA..................... 11/00/23
Analyze SBREFA Report............... 01/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Undetermined.
Agency Contact: Andrew Levinson, Director, Directorate of Standards
and Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue NW, FP Building, Room N-3718,
Washington, DC 20210, Phone: 202 693-1950, Email:
[email protected].
RIN: 1218-AD39
DOL--OSHA
Proposed Rule Stage
174. Infectious Diseases [1218-AC46]
Priority: Section 3(f)(1) Significant. Major status under 5 U.S.C.
801 is undetermined.
Unfunded Mandates: Undetermined.
Legal Authority: 5 U.S.C. 533; 29 U.S.C. 657 and 658; 29 U.S.C.
660; 29 U.S.C. 666; 29 U.S.C. 669; 29 U.S.C. 673
CFR Citation: 29 CFR 1910.
Legal Deadline: None.
Abstract: Employees in health care and other high-risk environments
face long-standing infectious disease hazards such as tuberculosis
(TB), varicella disease (chickenpox, shingles), and measles, as well as
new and emerging infectious disease threats, such as Severe Acute
Respiratory Syndrome (SARS), the 2019 Novel Coronavirus (COVID-19), and
pandemic influenza. Health care workers and workers in related
occupations, or who are exposed in other high-risk environments, are at
increased risk of contracting TB, SARS, Methicillin-Resistant
Staphylococcus Aureus (MRSA), COVID-19, and other infectious diseases
that can be transmitted through a variety of exposure routes. OSHA is
examining regulatory alternatives for control measures to protect
employees from infectious disease exposures to pathogens that can cause
significant disease. Workplaces where such control measures might be
necessary include: health care, emergency response, correctional
facilities, homeless shelters, drug treatment programs, and other
occupational settings where employees can be at increased risk of
exposure to potentially infectious people. A standard could also apply
to laboratories, which handle materials that may be a source of
pathogens, and to pathologists, coroners' offices, medical examiners,
and mortuaries.
Statement of Need: Employees in health care and other high-risk
environments face long-standing infectious disease hazards such as
tuberculosis (TB), varicella disease (chickenpox, shingles), and
measles, as well as new and emerging infectious disease threats, such
as Severe Acute Respiratory Syndrome (SARS), the 2019 Novel Coronavirus
(COVID-19), and pandemic influenza. Health care workers and workers in
related occupations, or who are exposed in other high-risk
environments, are at increased risk of contracting TB, SARS,
Methicillin-Resistant Staphylococcus Aureus (MRSA), COVID-19, and other
infectious diseases that can be transmitted through a variety of
exposure routes.
Summary of Legal Basis: The Occupational Safety and Health Act of
1970 authorizes the Secretary of Labor to set mandatory occupational
safety and health standards to assure safe and healthful working
conditions for working men and women (29 U.S.C. 651).
Alternatives: One alternative is to take no regulatory action. OSHA
is examining regulatory alternatives for control measures to protect
employees from infectious disease exposures to pathogens that can cause
significant disease. In addition to health care, workplaces where SERs
suggested such control measures might be necessary include: emergency
response, correctional facilities, homeless shelters, drug treatment
programs, and other occupational settings where employees can be at
increased risk of exposure to potentially infectious people.
A standard could also apply to laboratories, which handle materials
that may be a source of pathogens, and to pathologists, coroners'
offices, medical examiners, and mortuaries. OSHA offered several
alternatives to the SBREFA panel when presenting the proposed
Infectious Disease (ID) rule. OSHA considered a specification oriented
rule rather than a performance oriented rule, but has preliminarily
determined that this type of rule would provide less flexibility and
would likely fail to anticipate all of the potential hazards and
necessary controls for every type and every size of facility and would
under-protect workers. OSHA also considered changing the scope of the
rule by restricting the ID rule to workers who have occupational
exposure during the provision of direct patient care in institutional
settings but based on the evidence thus far analyzed, workers
performing other covered tasks in both institutional and non-
institutional settings also face a risk of infection because of their
occupational exposure.
Anticipated Cost and Benefits: The estimates of costs and benefits
are still under development.
Risks: Analysis of risks is still under development.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information (RFI)....... 05/06/10 75 FR 24835
RFI Comment Period End.............. 08/04/10
Analyze Comments.................... 12/30/10
Stakeholder Meetings................ 07/05/11 76 FR 39041
Initiate SBREFA..................... 06/04/14
Complete SBREFA..................... 12/22/14
NPRM................................ 06/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses, Governmental Jurisdictions.
Government Levels Affected: Local, State.
Federalism: Undetermined.
Agency Contact: Andrew Levinson, Director, Directorate of Standards
and Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue NW, FP Building, Room N-3718,
Washington, DC 20210, Phone: 202 693-1950, Email:
[email protected].
RIN: 1218-AC46
[[Page 9448]]
DOL--OSHA
175. Emergency Response [1218-AC91]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Unfunded Mandates: Undetermined.
Legal Authority: 29 U.S.C. 655(b); 29 U.S.C. 657; 5 U.S.C. 609
CFR Citation: 29 CFR 1910.
Legal Deadline: None.
Abstract: OSHA currently regulates aspects of emergency response
and preparedness; some of these standards were promulgated decades ago,
and none were designed as comprehensive emergency response standards.
Consequently, they do not address the full range of hazards or concerns
currently facing emergency responders, and other workers providing
skilled support, nor do they reflect major changes in performance
specifications for protective clothing and equipment. The agency
acknowledges that current OSHA standards also do not reflect all the
major developments in safety and health practices that have already
been accepted by the emergency response community and incorporated into
industry consensus standards. OSHA is considering updating these
standards with information gathered through an RFI and public meetings.
Statement of Need: Emergency response is a dangerous activity with
more than 100 responders killed, and hundreds of thousands injured each
year. OSHA currently regulates aspects of emergency response and
preparedness; some of these standards were promulgated decades ago, and
none were designed as comprehensive emergency response standards.
Consequently, they do not address the full range of hazards or concerns
currently facing emergency responders, nor do they reflect major
changes in performance specifications for protective clothing and
equipment. The agency acknowledges that current OSHA standards also do
not reflect all the major developments in safety and health practices
that have already been accepted by the emergency response community and
incorporated into industry consensus standards. OSHA is developing a
proposed rule that updates, by replacing, the existing outdated fire
brigade standard to reflect current consensus standards and industry
best practices. The agency anticipates that compliance with the updated
rule would significantly reduce injuries and fatalities.
Summary of Legal Basis: The Occupational Safety and Health Act of
1970 authorizes the Secretary of Labor to set mandatory occupational
safety and health standards to assure safe and healthful working
conditions for working men and women (29 U.S.C. 651).
Alternatives: One alternative to proposed rulemaking would be to
take no regulatory action. As a program standard that is primarily
performance based, alternatives would depend on each employer's
individual situation. There are no alternatives proposed in the NPRM
under development. OSHA intends to seek stakeholder input for
alternatives that could reduce the burden on small entities, and on
entities with volunteer emergency responders who are treated as
employees in some states with OSHA approved state OSH programs and
would be impacted by a proposed rule.
Anticipated Cost and Benefits: The estimates of costs and benefits
are still under development.
Risks: Analysis of risks is still under development.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Stakeholder Meetings................ 07/30/14
Convene NACOSH Workgroup............ 09/09/15
NACOSH Review of Workgroup Report... 12/14/16
Initiate SBREFA..................... 08/02/21
Finalize SBREFA..................... 12/02/21
NPRM................................ 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Governmental Jurisdictions.
Government Levels Affected: Local, State.
Federalism: Undetermined.
Agency Contact: Andrew Levinson, Director, Directorate of Standards
and Guidance, Department of Labor, Occupational Safety and Health
Administration, 200 Constitution Avenue NW, FP Building, Room N-3718,
Washington, DC 20210, Phone: 202 693-1950, Email:
[email protected].
RIN: 1218-AC91
BILLING CODE 4510-HL-P
DEPARTMENT OF TRANSPORTATION (DOT)
Introduction: Departmental Mission
The U.S. Department of Transportation (Department or DOT) has a
mission to deliver the world's leading transportation system, serving
the American people and economy through the safe, efficient,
sustainable, and equitable movement of people and goods.
The Department's Regulatory Philosophy, Initiatives, and Priorities
DOT issues regulations to make America's transportation the safest
in the world for the benefit of all who use it, grow an inclusive and
sustainable economy, reduce inequities across our transportation
systems and the communities they affect, and help tackle the climate
crisis. To accomplish this goal, DOT regulates safety in the aviation,
motor carrier, railroad, motor vehicle, commercial space, transit, and
pipeline transportation areas. The Department also regulates aviation
consumer and economic issues and provides financial assistance and
writes the necessary implementing rules for programs involving
highways, airports, mass transit, the maritime industry, railroads,
motor transportation and vehicle safety. DOT also has responsibility
for developing policies that implement a wide range of regulations that
govern Departmental programs such as acquisition and grants management,
access for people with disabilities, environmental protection, energy
conservation, information technology, occupational safety and health,
property asset management, seismic safety, security, emergency
response, and the use of aircraft and vehicles. In addition, DOT writes
regulations to carry out a variety of statutes ranging from the Air
Carrier Access Act and the Americans with Disabilities Act to Title VI
of the Civil Rights Act.
Safety is our North Star. The DOT Regulatory Plan reflects our
commitment through a balanced regulatory approach grounded in reducing
transportation-related fatalities and injuries. Our goals are to manage
safety risks, reverse recent trends negatively affecting safety, and
build on the successes that have already been achieved to make our
transportation system safer than it has ever been. The regulatory plan
laid out below also reflects a careful balance that emphasizes the
Department's priorities in responding to the urgent challenges facing
our nation.
The safe and efficient movement of goods and passengers requires us
not just to maintain, but to improve our national transportation
infrastructure. Accordingly, our Regulatory Plan incorporates
regulatory actions that increase competition and consumer protection,
as well as enable the next generation of automation technology for
commercial motor vehicles.
[[Page 9449]]
Climate change is one of the most urgent challenges facing our
Nation. As discussed in the next section, the Department has engaged in
significant regulatory activities to address this challenge.
Ensuring that the transportation system equitably benefits
underserved communities is a top priority. This work is guided by the
Departmental and interagency work being done pursuant to Executive
Order 13985, Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government. As discussed in the next
section, the Department is working on multiple regulatory changes to
ensure access to transportation for people with disabilities.
When developing regulations and establishing our regulatory
priorities, the Department fosters active participation and engagement
from members of the public and affected communities. In our Regulatory
Plan, we detail engagement efforts that have helped to inform our
priorities to date, as well as future engagement tools we plan to use.
The Department is ensuring that we hear from members of the public who
have not typically participated in the regulatory process. To that end,
in April 2022, the Department issued new ex parte guidance that
encourages DOT personnel to have meetings or other contacts with
outside parties during rulemaking and states that DOT personnel
``should ensure, through appropriate affirmative outreach where
necessary, that the opportunity to engage in ex parte communications is
equitable to all parties, including stakeholders who might otherwise be
less represented in that process.'' \1\
---------------------------------------------------------------------------
\1\ Guidance on Communication with Parties outside of the
Federal Executive Branch (Ex Parte Communications) at 5, available
at: https://www.transportation.gov/sites/dot.gov/files/2022-04/Guidance-on-Communication-with-Parties-outside-of-the-Federal-Executive-Branch-%28Ex-Parte-Communications%29.pdf. See also OIRA
Memorandum on Broadening Public Participation and Community
Engagement in the Regulatory Process, available at: https://www.whitehouse.gov/wp-content/uploads/2023/07/Broadening-Public-Participation-and-Community-Engagement-in-the-Regulatory-Process.pdf.
---------------------------------------------------------------------------
The Department carries out its responsibilities through the Office
of the Secretary (OST) and the following operating administrations
(OAs): Federal Aviation Administration (FAA); Federal Highway
Administration (FHWA); Federal Motor Carrier Safety Administration
(FMCSA); Federal Railroad Administration (FRA); Federal Transit
Administration (FTA); Maritime Administration (MARAD); National Highway
Traffic Safety Administration (NHTSA); Pipeline and Hazardous Materials
Safety Administration (PHMSA); and Great Lakes St. Lawrence Seaway
Development Corporation (GLS). Since each OA has its own area of focus,
we summarize the regulatory priorities of each below. More information
about each of the rules discussed below can be found in the DOT Unified
Agenda.
Office of the Secretary of Transportation
OST oversees the regulatory processes for the Department. OST
implements the Department's regulatory policies and procedures and is
responsible for ensuring the involvement of senior officials in
regulatory decision making. Through the Office of the General Counsel
(OGC), OST is also responsible for ensuring that the Department
complies with the Administrative Procedure Act, Executive Orders 12866,
13563 and 14094, DOT's Regulatory Policies and Procedures, and other
legal and policy requirements affecting the Department's rulemaking
activities. In addition, OST has the lead role in matters concerning
aviation consumer and economic rules, Title VI of the Civil Rights Act,
the Americans with Disabilities Act, and rules that affect multiple
elements of the Department.
OST provides guidance and training regarding compliance with
regulatory requirements and processes for personnel throughout the
Department. OST also plays an instrumental role in the Department's
efforts to improve our economic analyses; risk assessments; regulatory
flexibility analyses; other related analyses; retrospective reviews of
rules; and data quality, including peer reviews. OGC is the lead office
that works with the Office of Management and Budget's (OMB) Office of
Information and Regulatory Affairs (OIRA) to comply with Executive
Order 12866 for significant rules, coordinates the Department's
response to OMB's intergovernmental review of other agencies'
significant rulemaking documents, and other relevant Administration
rulemaking directives. OGC also works closely with representatives of
other agencies, the White House, and congressional staff to provide
information on how various proposals would affect the ability of the
Department to perform its safety, infrastructure, and other missions.
The Department has recently completed a rulemaking to ensure that
people with disabilities will be able to access lavatories on single-
aisle aircraft. This rule was heavily informed by feedback from persons
with disabilities, as it was developed as part of a negotiated
rulemaking. Stakeholders, including numerous disability advocacy
organizations, directly developed the features of the rule, which DOT
then implemented through a recently issued final rule. DOT also reached
out to the U.S. Access Board to develop new safety and accessibility
standards for on-board wheelchairs. The Department held a joint public
meeting with the Access Board to solicit further comment on the
provisions of the rule relating to on-board wheelchairs.
In addition, the Department is working on: (1) a rulemaking to
enhance the safety of air travel for individuals with disabilities who
use wheelchairs; and (2) a rulemaking to ensure that disabled persons
have equitable access to transit facilities. In the rulemaking to
enhance air travel safety for wheelchair users, the Department is
considering, among other things, options to ensure that assistance
provided to individuals with disabilities be provided in a safe manner
and that disabled individuals' assistive devices not be mishandled.
Executive Order 14036 directs the Department to take actions that
would promote competition and deliver benefits to America's consumers,
including initiating a rulemaking to ensure that air consumers have
ancillary fee information, including ``baggage fees,'' ``change fees,''
``cancellation fees,'' and fees for seating adjacent to young children
at the time of ticket purchase. Among a number of steps to further the
Administration's goals in this area, the Department has initiated a
rulemaking to enhance consumers' ability to determine the true cost of
travel, titled ``Enhancing Transparency of Airline Ancillary Service
Fees.'' This rulemaking is informed by feedback received at three
different public meetings: two meetings of the Aviation Consumer
Protection Advisory Committee on December 8, 2022, and January 12,
2023, and one public hearing on March 30, 2023. All meetings were open
to the public, and attendees had the option to provide live input at
the December 8 and March 30 meetings. The docket for this rule was also
open to public comment submission for approximately 120 days.
To further enhance consumer protection, the Department is also
working on a rulemaking that would clarify, under the Department's
rules requiring airlines to provide prompt refunds, when carriers and
ticket agents must provide prompt ticket refunds to passengers when a
carrier cancels or makes a significant change to a flight. This
rulemaking would also require airlines to refund checked baggage fees
when they fail to deliver the bags in a timely manner. This rulemaking
is
[[Page 9450]]
informed by feedback received at four public meetings: three meetings
of the Aviation Consumer Protection Advisory Committee on August 22,
2022, December 8, 2022, and January 12, 2023, and one public hearing on
March 21, 2023. The docket for this rule was also open to public
comment submission for approximately 130 days.
Federal Aviation Administration
FAA is charged with safely and efficiently operating and
maintaining the most complex aviation system in the world. To enhance
aviation safety, FAA is working on a rulemaking that would require a
safety management system for certain aircraft, engine, and propeller
manufacturers; certificate holders conducting common carriage
operations; and persons conducting certain, specific types of air tour
operations. This rulemaking is informed by feedback that FAA received
from an Aviation Rulemaking Committee comprised of members from across
the aviation industry. In addition, FAA will proceed with a rulemakings
to enable powered lift operations and to further advance the
integration of unmanned aircraft systems into the national airspace
system.
Federal Highway Administration
FHWA carries out the Federal highway program in partnership with
State and local agencies to meet the Nation's transportation needs.
FHWA's mission is to improve the quality and performance of our
Nation's highway system and its intermodal connectors.
Consistent with this mission, FHWA has finalized its National
Electric Vehicle Infrastructure (NEVI) Formula Program regulation as
required by the Bipartisan Infrastructure Law (enacted as the
Infrastructure Investment and Jobs Act) (Pub. L. 117-58) (Nov. 15,
2021). This regulation will enable States to implement federally-funded
charging station projects in a standardized fashion across a national
Electric Vehicle (EV) charging network that can be utilized by all EVs
regardless of vehicle brand. Such standards will provide consumers with
reliable expectations for travel in an EV across and throughout the
United States and support a national workforce skilled and trained in
EV supply equipment installation and maintenance. This rule was
informed by feedback provided through two webinars hosted by FHWA that
were advertised, in part, to communities interested in alternative
fuels and sustainable transportation. FHWA is also working on a
rulemaking that would establish a method for the measurement and
reporting of greenhouse gas emissions associated with transportation.
In addition, FHWA is working on a Buy America rulemaking to encourage
the use of American-manufactured products.
Federal Motor Carrier Safety Administration
The mission of FMCSA is to reduce crashes, injuries, and fatalities
involving commercial trucks and buses. FMCSA regulations establish
minimum safety standards for motor carriers, commercial drivers,
commercial motor vehicles, and State agencies receiving certain motor
carrier safety grants and issuing commercial drivers' licenses.
FMCSA will continue to coordinate efforts on the development of
autonomous vehicle technologies and is currently working on a
rulemaking to revise existing regulations to identify changes that
might be needed to ensure that DOT regulations ensure safety and keep
pace with innovations. This rulemaking is informed by feedback that
FMCSA received at two separate listening sessions held with
stakeholders and members of the public.
Additionally, in support of the NHTSA automatic emergency braking
(AEB) rulemaking for heavy trucks, FMCSA will seek information and
comment concerning the maintenance and operation of AEB by motor
carriers. FMCSA has also been engaged in activities to advance the
voluntary adoption of AEB for heavy vehicles, primarily through the
Tech-Celerate Now (TCN) program. This program focuses on accelerating
the adoption of Advanced Driver Assistance Systems (ADAS), such as AEB,
by the trucking industry to reduce fatalities and prevent injuries and
crashes, in addition to realizing substantial return-on-investment
through reducing costs associated with such crashes for the motor
carrier. Initiated in September 2019 and completed in February 2022,
the first phase of this program encompassed research into ADAS
technology adoption barriers; a national outreach, educational, and
awareness campaign; and data collection and analysis. Outreach
accomplishments included development of training materials for fleets,
drivers, and maintenance personnel related to AEB technology and
return-on-investment (ROI) guides; educational videos on ADAS braking,
steering, warning, and monitoring technologies; a web-based TCN ADAS-
specific ROI calculator; four articles on ADAS technologies; and a
program website to host the training materials. Planning is underway
for the second phase of the TCN program, which includes an expanded
national outreach and education campaign, additional research into the
barriers to ADAS adoption by motor carriers, and evaluation of the
outreach campaign. FMCSA is also working on a rulemaking that would set
a maximum speed for certain commercial motor vehicles.
National Highway Traffic Safety Administration
NHTSA pursues policies that enable safety; establish light-,
medium-, and heavy-duty vehicle fuel economy and fuel efficiency
standards; enhance equity; and improve mobility to save lives, prevent
injuries, and reduce economic and social costs due to roadway crashes.
The statutory responsibilities of NHTSA relating to motor vehicles
include reducing the number, and mitigating the effects, of motor
vehicle crashes and related fatalities and injuries; providing safety-
relevant information to aid prospective purchasers of vehicles, child
restraints, and tires; and improving fuel economy and fuel efficiency
standards requirements. NHTSA develops safety standards and other
regulations driven by data and research. NHTSA's regulatory priorities
focus on issues related to safety, climate, equity, and vulnerable road
users.
Relative to climate and equity, NHTSA plans to propose a rulemaking
to address the next phase of Fuel Efficiency and Greenhouse Gas
Standards for Medium- and Heavy-Duty Engines and Vehicles, pursuant to
Executive Order 14037. Also pursuant to Executive Order 14037, NHTSA
has proposed the next phase of NHTSA's corporate average fuel economy
(CAFE) standards for passenger cars and light trucks. To enhance the
safety of vulnerable road users and vehicle occupants, NHTSA has issued
a proposal to require automatic emergency braking (AEB) on light
vehicles, including Pedestrian AEB. For heavy trucks, NHTSA also
proposed a rulemaking, in coordination with FMCSA, to require AEB.
NHTSA's rulemakings are informed by the public outreach that it
regularly engaged in while a rule is in development, including with
Federal partners; State, local, and tribal governments; and a wide
range of interested stakeholders--some of whom represent underserved
communities.
Federal Railroad Administration
FRA exercises regulatory authority over all areas of railroad
safety and, where feasible, incorporates flexible performance
standards. The current FRA regulatory program continues to reflect a
number of pending proceedings
[[Page 9451]]
to satisfy mandates resulting from the Bipartisan Infrastructure Law
(2021). These actions support a safe, high-performing passenger rail
network, protect worker safety, and encourage innovation and the
adoption of new technology to improve rail safety.
To further enhance safety, FRA is working on a rulemaking that
would address the potential safety impact of one-person train
operations, including appropriate measures to mitigate an accident's
impact and severity. This rulemaking would address the issue of minimum
requirements for the size of train crews, depending on the type of
operations. To inform this rulemaking, FRA conducted outreach on its
proposed rule that resulted in about 99 percent of the written comments
submitted to the docket being from individual commenters who were not
filing their comment officially on behalf of an organization, group, or
business. FRA also held a public hearing that allowed more than 225
people to watch live testimony from labor organization leaders,
railroads, and rail associations, in addition to the approximately 60
speakers and other physically present attendees.
Federal Transit Administration
The mission of FTA is to improve public transportation for
America's communities. To further that end, FTA provides financial and
technical assistance to local public transit systems, including buses,
subways, light rail, commuter rail, trolleys, and ferries, oversees
safety measures, and helps develop next-generation technology research.
FTA's regulatory activities implement the laws that apply to
recipients' uses of Federal funding and the terms and conditions of FTA
grant awards.
Maritime Administration
MARAD administers Federal laws and programs to improve and
strengthen the maritime transportation system to meet the economic,
environmental, and security needs of the Nation. To that end, MARAD's
efforts are focused upon ensuring a strong American presence in the
domestic and international trades and to expanding maritime
opportunities for American businesses and workers.
MARAD's regulatory objectives and priorities reflect the Agency's
responsibility for ensuring the availability of water transportation
services for American shippers and consumers and, in times of war or
national emergency, for the U.S. armed forces. MARAD will continue its
work increasing the efficiency of program operations by updating and
clarifying implementing rules and program administrative procedures.
Pipeline and Hazardous Materials Safety Administration
PHMSA has responsibility for rulemaking focused on hazardous
materials transportation and pipeline safety. In addition, PHMSA
administers programs under the Federal Water Pollution Control Act, as
amended by the Oil Pollution Act of 1990.
PHMSA will continue working on the Gas Pipeline Leak Detection and
Repair rulemaking, which would amend the Pipeline Safety Regulations to
enhance requirements for detecting and repairing leaks on new and
existing natural gas distribution, gas transmission, and gas gathering
pipelines. PHMSA anticipates that the amendments proposed in this
rulemaking would reduce methane emissions arising from leaks and
incidents from natural gas pipelines and address environmental justice
concerns by improving the safety of natural gas pipelines near
environmental justice communities and mitigating the risks for those
communities arising from climate change. This rulemaking is informed by
feedback that PHMSA received at a virtual public meeting. PHMSA staff
also attended a Methane Detection Technology Workshop hosted by EPA in
August 2021. In addition, in November 2023, PHMSA intends to hold a Gas
Pipeline Advisory Committee meeting to discuss the leak detection
rulemaking, including the comments received on the NPRM.
DOT--FEDERAL AVIATION ADMINISTRATION (FAA)
Final Rule Stage
176. Safety Management Systems [2120-AL60]
Priority: Other Significant. Major under 5 U.S.C. 801.
Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 44701(a)(5)
CFR Citation: 14 CFR 135; 14 CFR 21; 14 CFR 91.
Legal Deadline: None.
Abstract: This rulemaking would apply the requirements of 14 CFR
part 5, with appropriate modifications. As a result, this rulemaking
would require persons engaged in the design and production of aircraft,
engines, or propellers; certificate holders that conduct common
carriage operations under part 135; and persons conducting certain,
specific types of air tour operations under part 91 to implement a
Safety Management System.
Statement of Need: Recent incidents and accidents have indicated
the need for action to improve safety in the National Airspace System
(NAS). In addition, recommendations from the National Transportation
Safety Board (NTSB), mandates in the Aircraft Certification Safety and
Accountability (ACSA) Act (Pub. L. 116-260, December 27, 2020),
agreements in International Civil Aviation Organization (ICAO) Annexes
and Standards and Recommended Practices (SARPs), and recommendations
from previous Aviation Rulemaking Committees (ARCs) indicate that
expanded application of SMS is needed. Further, the successful
implementation of Safety Management Systems (SMS) in part 121 suggests
the potential benefit to expansion of SMS into other sectors of the
aviation system. Therefore, the Federal Aviation Administration has
determined that expanding the application of part 5 is necessary.
Summary of Legal Basis: The FAA's authority to issue rules on
aviation safety is found in title 49 of the United States Code
(U.S.C.). Subtitle I, section 106 describes the authority of the FAA
Administrator. This rulemaking is promulgated under the authority
described in 49 U.S.C. 106(f), which establishes the authority of the
Administrator to promulgate regulations and rules. Subtitle VII,
Aviation Programs, describes in more detail the scope of the Agency's
authority. This rulemaking is also promulgated under 49 U.S.C.
44701(a)(5), 49 U.S.C. 44701(d)(1)(A), 49 U.S.C. 44701(a)(2), 49 U.S.C.
44707(2), 49 U.S.C. 44702 and 49 U.S.C 44704. In addition, the Airport
Certification, Safety, and Accountability Act, (the Act), Public Law
116-260, division V, title I, sec. 102 (December 27, 2020) requires the
FAA to initiate a rulemaking to require that manufacturers that hold
both a type certificate and a production certificate issued pursuant to
49 U.S.C. 44704 have a safety management system consistent with
standards and recommended practices established by ICAO. This
rulemaking is within the scope of the aforementioned authorities
because it requires certain entities to develop and maintain an SMS to
improve the safety of their operations. The development and
implementation of SMS ensures safety in air transportation,
manufacturing, and maintenance by helping certain entities proactively
identify and mitigate safety hazards, thereby reducing the possibility
or recurrence of accidents in air transportation.
Alternatives: The proposed expansion of the applicability of part 5
furthers the
[[Page 9452]]
Administrator's mission of promoting the safe flight of civil aircraft
in air commerce and reducing or eliminating the possibility or
recurrence of accidents in air transportation. The FAA is currently
exploring several alternatives to determine how the revised
applicability would extend SMS requirements to parts 21, 91, 135, and
145.
Summary of Legal Basis: The FAA is in the process of determining
the costs and benefits associated with the proposed rule.
Risks: An SMS is a formalized approach to managing safety by
developing an organization-wide safety policy, developing formal
methods of identifying hazards, analyzing and mitigating risk,
developing methods for ensuring continuous safety improvement, and
creating organization-wide safety promotion strategies. An SMS provides
an organization's management with a set of decision-making tools that
can be used to plan, organize, direct, and control its business
activities in a manner that enhances safety and ensures compliance with
regulatory standards. Adherence to standard operating procedures,
proactive identification and mitigation of hazards and risks, and
effective communications are crucial to continued operational safety.
The FAA envisions an SMS would provide those covered by the proposed
rule with an added layer of safety to help reduce the number of
incidents, and accidents.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/11/23 88 FR 1932
NPRM Comment Period Extended........ 01/30/23 88 FR 5812
NPRM Comment Period End............. 03/13/23
Second NPRM Comment Period End...... 04/11/23
Analyzing Comments.................. 06/30/23
Final Action........................ 07/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
URL For More Information: www.regulations.gov.
URL For Public Comments: www.regulations.gov.
Agency Contact: Scott VanBuren, Office of Accident Investigation
and Prevention, Department of Transportation, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591,
Phone: 202 494-8417, Email: [email protected].
RIN: 2120-AL60
BILLING CODE 4910-9X-P
DEPARTMENT OF THE TREASURY
Statement of Regulatory Priorities
The primary mission of the Department of the Treasury is to
maintain a strong economy and create economic and job opportunities by
promoting the conditions that enable economic growth and stability at
home and abroad, strengthen national security by combatting threats and
protecting the integrity of the financial system, and manage the U.S.
Government's finances and resources effectively.
Consistent with this mission, regulations of the Department and its
constituent bureaus are promulgated to interpret and implement the laws
as enacted by Congress and signed by the President. It is the policy of
the Department to comply with applicable requirements to issue a Notice
of Proposed Rulemaking and carefully consider public comments before
adopting a final rule. Also, the Department invites interested parties
to submit views on rulemaking projects while a proposed rule is being
developed.
To the extent permitted by law, it is the policy of the Department
to adhere to the regulatory philosophy and principles set forth in
Executive Orders 12866, 13563, and 13609 and to develop regulations
that maximize aggregate net benefits to society while minimizing the
economic and paperwork burdens imposed on persons and businesses
subject to those regulations.
Alcohol and Tobacco Tax and Trade Bureau
The Alcohol and Tobacco Tax and Trade Bureau (TTB) issues
regulations to implement and enforce Federal laws relating to alcohol,
tobacco, firearms, and ammunition excise taxes and certain non- tax
laws relating to alcohol. TTB's mission and regulations are designed
to:
(1) Collect the taxes on alcohol, tobacco products, firearms, and
ammunition;
(2) Protect the consumer by ensuring the integrity of alcohol
products;
(3) Ensure only qualified businesses enter the alcohol and tobacco
industries; and
(4) Prevent unfair and unlawful market activity for alcohol and
tobacco products.
In FY 2024, TTB will continue its multi-year Regulations
Modernization effort by prioritizing projects that reduce regulatory
burdens, streamline and simplify requirements, and improve service to
regulated businesses. These actions include rulemaking on streamlining
permit and qualification requirements for distilled spirits plants,
wineries, and breweries, and completing rulemaking to modernize the
regulations regarding wine labeling and to authorize additional wine
treating materials and processes.
In addition, TTB will also prioritize publishing rulemaking to
implement recommendations of the Department of the Treasury's February
2022 report on Competition in the Markets for Beer, Wine, and Spirits,
which was issued in response to Executive Order 14036, ``Promoting
Competition in the American Economy.'' These actions focus on
soliciting public comment on trade practice regulations that prevent
anticompetitive practices and maintain a ``level playing field'' across
the alcohol industry, and labeling and advertising regulations that
would require alcohol beverage labels to include specific, content-
related information on alcohol content, allergens, and other
ingredients. They also include finalizing rulemaking on proposed new
approved container sizes (``standards of fill'') for wine and distilled
spirits.
The specific projects TTB plans to prioritize in FY 2024 are
described below:
Streamlining and Modernizing the Permit Application
Process (RINs: 1513-AC46, 1513-AC47, and 1513-AC48, Modernization of
Permit and Registration Application Requirements for Distilled Spirits
Plants, Permit Applications for Wineries, and Qualification
Requirements for Brewers, respectively).
In FY 2022, TTB proposed regulatory changes to eliminate or
streamline application and qualification requirements for distilled
spirits plants and breweries. In FY 2024, TTB intends to publish a
similar proposal for wineries, and to publish final rules to implement
the changes for distilled spirits plants and breweries. These changes
are expected to reduce the amount of information industry members must
submit to TTB in connection with permit and similar applications to
engage in regulated businesses and reduce the types of operational
activities that require prior approval, and overall reduce the
regulatory burden on both new and existing businesses.
Modernizing the Alcohol Beverage Labeling and Advertising
Requirements (RIN: 1513-AC67, Modernization of
[[Page 9453]]
Wine Labeling and Advertising Regulations).
The Federal Alcohol Administration Act requires that alcohol
beverages introduced in interstate commerce have a label approved under
regulations prescribed by the Secretary of the Treasury. TTB conducted
an analysis of its alcohol beverage labeling regulations to identify
any that might be outmoded, ineffective, insufficient, or excessively
burdensome, and to modify, streamline, expand, or repeal them in
accordance with that analysis. These regulations were also reviewed to
assess their applicability to the modern alcohol beverage marketplace.
As a result of this review, in FY 2019, TTB proposed revisions to the
regulations concerning the labeling requirements for wine, distilled
spirits, and malt beverages. TTB anticipated that these regulatory
changes would assist industry in voluntary compliance, decrease
industry burden, and result in the regulated industries being able to
bring products to market without undue delay. TTB received over 1,100
comments in response to the notice, which included suggestions for
further revisions. In FY 2020, TTB published in the Federal Register
(85 FR 18704) a final rule amending its regulations to make permanent
certain of the proposed liberalizing and clarifying changes, and to
provide certainty with regard to certain other proposals that
commenters generally opposed and that TTB did not intend to adopt. In
FY 2022, TTB published in the Federal Register (87 FR 7526) a final
rule that addressed remaining issues related to the labeling of
distilled spirits and malt beverages and reorganized those regulations
to make them easier to read and understand, for which industry members
expressed support. In FY 2024, TTB intends to complete this
modernization initiative by publishing a final rule to similarly
reorganize the wine labeling regulations, address the remaining
labeling issues related to wine, and finalize the regulations related
to the advertising of wine, distilled spirits, and malt beverages.
Authorizing the Use of Additional Wine Treating Materials
and Soliciting Comments on Proposed Changes to the Limits on the Use of
Wine Treating Materials to Reflect ``Good Manufacturing Practice''
(1513-AC75).
TTB intends to propose to amend its regulations pertaining to the
production of wine to authorize additional treatments that may be
applied to wine and to juice from which wine is made. These proposed
amendments are in response to requests from wine industry members.
Although TTB may administratively approve such treatments without
amending the regulations, administrative approval does not guarantee
acceptance in foreign markets of any wine so treated. Under certain
international agreements, authorization of wine treatments through
public notice facilitates the acceptance of exported wine made using
those treatments in foreign markets. TTB also intends to propose for
public comment additional changes to the regulations in response to a
petition to allow more wine treating materials to be used within the
limitations of ``good manufacturing practice'' rather than within
specified numerical limits, thereby providing additional flexibility to
winemakers.
Consideration of Updates to Trade Practice Regulations
(RIN: 1513-AC92).
In FY 2023, TTB issued an advance notice of proposed rulemaking to
seek public comment on TTB's trade practice regulations related to the
Federal Alcohol Administration Act's exclusive outlet, tied house,
commercial bribery, and consignment sales prohibitions. Executive Order
14036 (``Promoting Competition in the American Economy''), the
Department of the Treasury's related February 2022 report
(``Competition in the Markets for Beer, Wine, and Spirits''), and
public comments related to that report have raised questions about
whether these regulations could be improved. In FY 2024, TTB intends to
review and consider the comments received in formulating potential
proposals to amend the regulations.
Labeling and Advertising of Alcohol Beverages with Alcohol
and Nutritional Content, Allergens, and Ingredients (RIN: 1513-AC93,
Labeling and Advertising of Distilled Spirits, Wines, and Malt
Beverages With Statements of Alcohol and Nutritional Content; RIN:
1513-AC94, Major Food Allergen Labeling for Wines, Distilled Spirits,
and Malt Beverages; and 1513-AC95, Ingredient Labeling of Distilled
Spirits, Wines, and Malt Beverages).
TTB intends to request public comment on possible changes to its
labeling and advertising regulations governing alcohol beverage
products related to statements of alcohol and nutritional content,
allergen labeling, and ingredient labeling. The February 2022 report
issued by the Department of the Treasury (``Competition in the Markets
for Beer, Wine, and Spirits'') discussed past and potential future
proposals related to the labeling of alcohol beverage products with
``serving facts'' information. The report stated that TTB should revive
or initiate rulemaking proposing mandatory information on alcohol
content, nutritional content, and appropriate serving sizes for alcohol
beverage products, as well as ingredient labeling. TTB intends to
publish two notices of proposed rulemaking (one on alcohol content and
nutrition facts, and another on allergens) and an advance notice of
proposed rulemaking on ingredient-labeling.
Standards of Fill for Wine and Distilled Spirits (RIN:
1513-AC86).
TTB plans to publish a final rule to address its proposal published
May 25, 2022 (87 FR 31787) to amend the regulations governing wine and
distilled spirits containers. TTB proposed to add 10 additional
authorized standards of fill for wine in response to requests it has
received for such standards, and to be consistent with a Side Letter
included as part of a U.S.-Japan Trade Agreement that addresses issues
related to market access and, specifically, to alcohol beverage
standards of fill. TTB also solicited comments on an alternative
proposal to eliminate all but a minimum standard of fill for wine
containers and all but a minimum and maximum for distilled spirits.
Office of the Comptroller of the Currency
The Office of the Comptroller of the Currency (OCC) charters,
regulates, and supervises all national banks and Federal savings
associations (FSAs). The agency also supervises the Federal branches
and agencies of foreign banks. The OCC's mission is to ensure that
national banks and FSAs operate in a safe and sound manner, provide
fair access to financial services, treat customers fairly, and comply
with applicable laws and regulations.
Regulatory priorities for fiscal year 2024 are described below.
Regulatory Capital Rule: Amendments Applicable to Large
Banking Organizations and to Banking Organizations with Significant
Trading Activity (12 CFR part 3).
The OCC, the Federal Reserve Board, and the FDIC issued a joint
notice of proposed rulemaking that would comprehensively revise the
agencies' risk-based capital rules, including revisions to the current
standardized and advanced approaches capital rules.
Capital Requirements for Market Risk; Fundamental Review
of the Trading Book (12 CFR part 3).
The OCC, the Federal Reserve Board, and the FDIC issued a joint
notice of proposed rulemaking to revise their respective capital
requirements for market risk, which are generally applied to banking
organizations with substantial trading activity. The OCC
[[Page 9454]]
expects the revisions to be generally consistent with the standards set
forth in the Fundamental Review of the Trading Book published by the
Basel Committee on Bank Supervision.
Long-term Debt Requirements for Large Bank Holding
Companies, Certain Intermediate Holding Companies of Foreign Banking
Organizations, and Large Insured Depository Institutions.
The OCC, the Federal Reserve Board, and the FDIC, plan to issue a
joint notice of proposed rulemaking that would require certain large
depository institution holding companies, U.S. intermediate holding
companies of foreign banking organizations, and certain insured
depository institutions, to issue and maintain outstanding a minimum
amount of long-term debt. The proposed rule would improve the
resolvability of these firms in case of failure, reduce costs to the
Depository Insurance Fund and mitigate financial stability and
contagion risks by reducing the risk of loss to uninsured depositors.
Customs Revenue Functions
The Homeland Security Act of 2002 (the Act) provides that, although
many functions of the former United States Customs Service were
transferred to the Department of Homeland Security, the Secretary of
the Treasury retains sole legal authority over customs revenue
functions. The Act also authorizes the Secretary of the Treasury to
delegate any of the retained authority over customs revenue functions
to the Secretary of Homeland Security. By Treasury Department Order No.
100-16, the Secretary of the Treasury delegated to the Secretary of
Homeland Security authority to prescribe regulations pertaining to the
customs revenue functions subject to certain exceptions, but further
provided that the Secretary of the Treasury retained the sole authority
to approve such regulations.
During fiscal year 2024, CBP and Treasury plan to give priority to
regulatory matters involving the customs revenue functions which
streamline CBP procedures, protect the public, or are required by
either statute or Executive Order. Examples of these efforts are
described below.
Investigation of Claims of Evasion of Antidumping and
Countervailing Duties.
Treasury and CBP plan to finalize interim regulations (81 FR 56477)
which amended CBP regulations implementing section 421 of the Trade
Facilitation and Trade Enforcement Act of 2015, which set forth
procedures to investigate claims of evasion of antidumping and
countervailing duty orders.
Enforcement of Copyrights and the Digital Millennium
Copyright Act.
Treasury and CBP plan to finalize proposed amendments to the CBP
regulations pertaining to importations of merchandise that violate or
are suspected of violating the copyright laws, including the Digital
Millennium Copyright Act (DMCA), in accordance with Title III of the
Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) and
Executive Order 13785, ``Establishing Enhanced Collection and
Enforcement of Anti-dumping and Countervailing Duties and Violations of
Trade and Customs Laws.''
The proposed amendments are intended to enhance CBP's enforcement
efforts against increasingly sophisticated piratical goods, clarify the
definition of piracy, simplify the detention process relative to goods
suspected of violating the copyright laws, and prescribe new
regulations enforcing the DMCA.
Merchandise Produced by Convict or Forced Labor or
Indentured Labor under Penal Sanctions.
Treasury and CBP plan to publish a proposed rule to update,
modernize, and streamline the process for enforcing the prohibition in
19 U.S.C. 1307 against the importation of merchandise that has been
mined, produced, or manufactured, wholly or in part, in any foreign
country by convict labor, forced labor, or indentured labor under penal
sanctions. The proposed rule would generally bring the forced labor
regulations and detention procedures into alignment with other
statutes, regulations, and procedures that apply to the enforcement of
restrictions against other types of prohibited merchandise.
Non-Preferential Origin Determinations for Merchandise
Imported From Canada or Mexico for Implementation of the Agreement
Between the United States of America, the United Mexican States, and
Canada (USMCA).
Treasury and CBP plan to finalize a proposed rule to harmonize non-
preferential origin determinations for merchandise imported from Canada
or Mexico. Such determinations would be made using certain tariff-based
rules of origin to determine when a good imported from Canada or Mexico
has been substantially transformed resulting in an article with a new
name, character, or use. Once finalized, the rule is intended to reduce
administrative burdens and inconsistency for non-preferential origin
determinations for merchandise imported from Canada or Mexico for
purposes of the implementation of the USMCA.
Automated Commercial Environment (ACE) Required for
Electronic Entry/Entry Summary (Cargo Release and Related Entry)
Filings.
Treasury and CBP plan to finalize interim regulations (80 FR 61278)
which amended CBP regulations to name the Automated Commercial
Environment (ACE) as a CBP-authorized electronic data interchange (EDI)
system for the processing of electronic entry and entry summary
filings.
Elimination of Paper-Based Bond Applications and the
Automated Processing of Bond Applications.
Treasury and CBP plan to publish a proposed rule to replace the
paper-based bond application and approval process with a streamlined
electronic process. The proposed rule would implement the successful
National Customs Automation Program (NCAP) test of the electronic bond
process.
Financial Crimes Enforcement Network
As administrator of the Bank Secrecy Act (BSA), the Financial
Crimes Enforcement Network (FinCEN) is responsible for developing and
implementing regulations that are the core of the Department's anti-
money laundering (AML) and countering the financing of terrorism (CFT)
efforts. FinCEN's responsibilities and objectives are linked to, and
flow from, that role. In fulfilling this role, FinCEN seeks to enhance
U.S. national security by making the financial system increasingly
resistant to abuse by money launderers, terrorists and their financial
supporters, and other perpetrators of crime.
The Secretary of the Treasury, through FinCEN, is authorized by the
BSA to issue regulations requiring financial institutions to file
reports and keep records that are highly useful in criminal, tax, or
regulatory investigations, risk assessments, or proceedings, or
intelligence or counter-intelligence activities, including analysis, to
protect against terrorism. The BSA also authorizes FinCEN to require
that designated financial institutions establish AML/CFT programs and
compliance procedures. Recent legislation has given FinCEN the added
authority and responsibility to develop a system for reporting the
beneficial owners of certain legal entities in the United States. To
implement and realize its mission, FinCEN has established regulatory
objectives and priorities to safeguard the financial system from the
abuses of financial crime, including terrorist financing, proliferation
financing, money laundering, and other illicit activity.
[[Page 9455]]
These objectives and priorities include: (1) issuing, interpreting,
and enforcing compliance with regulations implementing the BSA; (2)
supporting, working with, and as appropriate overseeing compliance
examination functions delegated by FinCEN to other Federal regulators;
(3) managing the collection, processing, storage, and dissemination of
data related to the BSA and beneficial ownership; (4) maintaining
government-wide access services to that same data for authorized users
with a range of interests; (5) conducting analysis in support of
policymakers, law enforcement, regulatory and intelligence agencies,
and (for compliance purposes) the financial sector; and (6)
coordinating with and collaborating on AML/CFT initiatives with
domestic law enforcement and intelligence agencies, as well as foreign
financial intelligence units.
FinCEN's regulatory priorities for fiscal year 2024 include:
Beneficial Ownership Information Reporting Deadline
Extension for Reporting Companies Created or Registered in 2024.
FinCEN intends to finalize an amendment, proposed on September 28,
2023, to the beneficial ownership information (BOI) reporting rule
(Reporting Rule) that FinCEN published on September 30, 2022. The
amendment will extend the BOI filing deadline for entities created or
registered on or after January 1, 2024, and before January 1, 2025,
from 30 days to 90 days. This reporting extension will provide those
entities with additional time to understand the new BOI reporting
obligation and collect the necessary information to complete their
filings. Entities created or registered on or after January 1, 2025,
will have 30 days to file their BOI reports with FinCEN, as required
under the original Reporting Rule.
Beneficial Ownership Information Access and Safeguards.
FinCEN intends to issue a final rule entitled ``Beneficial
Ownership Information Access and Safeguards.'' The final rule will
establish protocols to protect the security and confidentiality of the
beneficial ownership information (BOI) that will be reported to FinCEN
pursuant to the Bank Secrecy Act, as amended by Section 6403(a) of the
Corporate Transparency Act, and will establish the framework for
authorized recipients' access to the BOI reported.
Revisions to Customer Due Diligence Requirements for
Financial Institutions.
FinCEN intends to issue a notice of proposed rulemaking entitled
``Revisions to Customer Due Diligence Requirements for Financial
Institutions,'' relating to Section 6403(d) of the Corporate
Transparency Act (CTA). Section 6403(d) of the CTA requires FinCEN to
revise its customer due diligence requirements for financial
institutions to account for the changes created by the BOI reporting
and access requirements set out in the CTA.
Exempting a System of Records from Certain Provisions of
the Privacy Act of 1974.
FinCEN intends to issue a final rule amending 31 CFR 1.36 to exempt
a new system of records, entitled ``FinCEN .004--Beneficial Ownership
Information System,'' from certain provisions of the Privacy Act of
1974. The Beneficial Ownership Information (BOI) System is being
established to implement the BOI reporting and access requirements set
out in the Bank Secrecy Act (BSA), as amended by the Corporate
Transparency Act. The exemptions are intended to increase the value of
the system for law enforcement purposes and to comply with the BSA's
prohibitions against unauthorized disclosure of certain information.
Residential Real Estate Transaction Reports and Records.
FinCEN intends to issue a notice of proposed rulemaking to address
money laundering threats in the U.S. residential real estate sector.
Anti-Money Laundering Program and Suspicious Activity
Report Filing Requirement for Investment Advisers.
FinCEN intends to issue a notice of proposed rulemaking that would
prescribe minimum standards for anti-money laundering programs to be
established by certain investment advisers and to require such
investment advisers to report suspicious activity to FinCEN pursuant to
the Bank Secrecy Act.
Section 6101. Establishment of National Exam and
Supervision Priorities.
FinCEN intends to issue a notice of proposed rulemaking as part of
the establishment of national exam and supervision priorities. The
proposed rule implements Section 6101(b) of the Anti-Money Laundering
Act of 2020 that requires the Secretary of the Treasury to issue and
promulgate rules for financial institutions to carry out the
government-wide anti-money laundering and countering the financing of
terrorism priorities (AML/CFT Priorities). The proposed rule: (i)
incorporates a risk assessment requirement for financial institutions;
(ii) requires financial institutions to incorporate AML/CFT Priorities
into risk-based programs; and (iii) provides for certain technical
changes. Once finalized, this proposed rule will affect all financial
institutions subject to regulations under the Bank Secrecy Act that
have AML/CFT program obligations.
Section 6314. Updating Whistleblower Incentives and
Protection.
FinCEN intends to issue a notice of proposed rulemaking to
establish a whistleblower award program for eligible individuals that
provide information regarding certain violations of the Bank Secrecy
Act and U.S. economic sanctions. The proposed regulations would
implement section 6314 of the Anti- Money Laundering Act of 2020 and
the Anti-Money Laundering Whistleblower Improvement Act. Pursuant to
the proposed regulations, potential whistleblowers would voluntarily
provide information regarding relevant violations to FinCEN, the
Department of Justice, or a whistleblower's employer. The proposed
regulations would also govern the award phase of the whistleblower
program. Potential whistleblowers would apply for an award following
the successful enforcement of a covered judicial or administrative
action. FinCEN would adjudicate such award applications pursuant to the
proposed regulations and would pay awards to eligible whistleblowers
from the Financial Integrity Fund (Fund). As set forth in 31 U.S.C.
5323, the structure of the Fund is such that monetary sanctions
collected by the Secretary or Attorney General in any judicial or
administrative action under title 31, chapter 35 or section 4305 or
4312 of title 50, or the Foreign Narcotics Kingpin Designation Act will
be deposited into the Fund, (or an amount equal to those sanctions will
be credited to the Fund), unless the balance of the Fund at the time
the monetary sanction is collected exceeds $300,000,000.
Commercial Real Estate Transaction Reports and Records.
FinCEN intends to issue a notice of proposed rulemaking to address
money laundering threats in the U.S. commercial real estate sector.
Other Requirements.
FinCEN also will continue to issue proposed and final rules
pursuant to section 311 of the USA PATRIOT Act, as appropriate.
Finally, FinCEN expects that it may propose various technical and other
regulatory amendments in conjunction with ongoing efforts with respect
to a comprehensive review of existing regulations to enhance regulatory
efficiency required by Section 6216 of the Anti-Money Laundering Act of
2020.
[[Page 9456]]
Bureau of the Fiscal Service
The Bureau of the Fiscal Service (Fiscal Service) administers
regulations pertaining to the Government's financial activities,
including: (1) implementing Treasury's borrowing authority, including
regulating the sale and issue of Treasury securities; (2) administering
Government revenue and debt collection; (3) administering government-
wide accounting programs; (4) managing certain Federal investments; (5)
disbursing the majority of Government electronic and check payments;
(6) assisting Federal agencies in reducing the number of improper
payments; and (7) providing administrative and operational support to
Federal agencies through franchise shared services.
During fiscal year 2024, Fiscal Service will accord priority to the
following regulatory projects:
Revision of the Federal Claims Collection Standards
Fiscal Service is proposing to amend the Federal Claims Collections
Standards (FCCS), codified in 31 CFR parts 900-904, which is jointly
administered by Treasury and the Department of Justice. The FCCS set
standards for administrative collection, compromise, and suspension or
termination of collection activity for federal nontax debts. They also
set standards for referring federal nontax debts to DOJ for litigation.
The proposed amendments, which have been jointly prepared by Treasury
and DOJ, include revisions for equity and updates to conform to
developments since the last publication of the regulations in 2000.
Amendment of Electronic Payment Regulation
Fiscal Service will be publishing a final rule to amend 31 CFR part
208, Management of Federal Agency Disbursements--Fiscal Service's
regulation that implements a statutory mandate requiring the Federal
Government to deliver non-tax payments by electronic funds transfer
(EFT) unless a waiver is available. Among other things, the final rule
strengthens the EFT requirement by narrowing the scope of existing
waivers from the EFT mandate or requiring agencies to obtain Fiscal
Service's approval to invoke certain existing waivers. The use of
electronic payments has expanded significantly since the waivers from
the EFT mandate were first published in 1998 and the final rule
appropriately adjusts the waivers given the broad availability of safe
and secure electronic payment options currently available.
Internal Revenue Service
The Internal Revenue Service (IRS), working with Treasury's Office
of Tax Policy, promulgates regulations that interpret and implement the
Internal Revenue Code (Code), and other internal revenue laws of the
United States. The purpose of these regulations is to carry out the tax
policy determined by Congress in a fair, impartial, and reasonable
manner, taking into account the intent of Congress, the realities of
relevant transactions, the need for the Government to administer the
rules and monitor compliance, and the overall integrity of the Federal
tax system. The goal is to make the regulations practical and as clear
and simple as possible, which reduces the burdens on taxpayers and the
IRS.
During fiscal year 2024, the priority of the IRS and the Office of
Tax Policy is to provide guidance, including proposed and final rules
in certain cases, regarding implementation of key tax provisions of
several public laws, including Public Law 117-169, known as the
Inflation Reduction Act of 2022 (IRA), the CHIPS and Science Act of
2022, Public Law 117-167, the Infrastructure Investment and Jobs Act,
Public Law 117-58, the Setting Every Community Up for Retirement
Enhancement Act of 2019 (SECURE Act), enacted as Division O of the
Further Consolidated Appropriations Act, 2020, Public Law 116-94, and
the SECURE 2.0 Act of 2022 (SECURE 2.0 Act), enacted as Division T of
the Consolidated Appropriations Act, 2023, Public Law 117-328.
With regard to the following key provisions of the Code enacted by
the IRA, Treasury and the IRS intend to issue guidance, including
proposed and final rules in certain cases:
The credit for alternative fuel refueling property under
Sec. 30C of the Code.
The consumer vehicle credits under Sec. Sec. 25E and 30D
of the Code.
The credit for sustainable aviation fuel under Sec. 40B
of the Code.
The prevailing wage rate and apprenticeship requirements
in Sec. 45(b) as applicable for purposes of Sec. Sec. 30C, 45, 45L,
45Q, 45U, 45V, 45Y, 48, 48C, 48E, and 179D of the Code.
The domestic content enhancements for purposes of
Sec. Sec. 45, 45Y, 48, 48E.
The energy community enhancements for purposes of
Sec. Sec. 45, 45Y, 48, 48E.
The extension and modification of the credit for carbon
oxide sequestration under Sec. 45Q of the Code.
The zero-emission nuclear power PTC under Sec. 45U of the
Code.
The clean hydrogen PTC under Sec. 45V of the Code.
The credit for qualified commercial clean vehicles under
Sec. 45W of the Code.
The advanced manufacturing PTC under Sec. 45X of the
Code.
The clean electricity PTC under Sec. 45Y of the Code.
The clean fuels production credit under Sec. 45Z of the
Code.
The extension and modification of the investment tax
credit (ITC) for energy property under Sec. 48 of the Code.
The allocation of amounts of environmental justice solar
and wind capacity limitation to qualified solar and wind facilities
under Sec. 48(e) of the Code.
The qualifying advanced energy project credit under Sec.
48C of the Code.
The advanced manufacturing ITC under Sec. 48D of the Code
as enacted by the CHIPS Act of 2022.
The corporate alternative minimum tax under Sec. Sec. 53,
55, 56, and 56A of the Code.
The energy efficient commercial buildings deduction under
Sec. 179D of the Code.
The excise tax on the repurchase of corporate stock under
Sec. 4501 of the Code.
The elective payment and transfer of credits for energy
property & electricity produced from certain renewable resources under
Sec. Sec. 6417 and 6418 of the Code.
Consistent with the Administration's goals of equity and fairness
in tax administration, using new funding provided by the Inflation
Reduction Act, the IRS will continue to reduce burdens for taxpayers.
Underpayments by tax evaders shift burdens onto honest, hard-working
Americans who follow the law as well as onto future generations. The
funding is being used to help ensure that everyone pays their fair
share. Pursuant to the Inflation Reduction Act, billions of dollars
will go toward substantial service improvements for taxpayers as they
interact with the IRS. The IRS is improving customer service, answering
more calls, processing returns and refunds faster, updating computer
systems, and simplifying tax filing. The IRS is also expanding the
customer callback capability, which gives taxpayers an alternative to
waiting on hold. This reduces burden and frustration for taxpayers.
Although taxpayers can still choose to use paper-based processes to
file returns, the IRS is transitioning to digital platforms, with
better data tools to make more filings and processes available
electronically, reducing audits and retiring paper-based processes. IRS
employees still need to manually
[[Page 9457]]
transcribe millions of paper returns. However, the IRS is automating
the scanning of millions of individual paper returns into digital
copies. For taxpayers, this means faster processing and, ultimately,
faster refunds for paper filers.
The IRS is expanding the use of issue resolution tools so that
taxpayers can access their own online account and get the information
they need without the need of an IRS assistor. The new IRS Online
Account features make it easier to communicate with the IRS where most
issues can be resolved online.
Every year, Treasury and the IRS identify guidance projects that
are priorities for allocation of resources during the year in the
Priority Guidance Plan (PGP) (available on irs.gov and
regulations.gov). The plan represents projects that Treasury and the
IRS intend to actively work on during the plan year. See, for example,
the 2022-2023 Priority Guidance Plan (May 5, 2023). To facilitate and
encourage suggestions, Treasury and the IRS have developed an annual
process for soliciting public input for guidance projects. The annual
solicitation is done through the issuance of a notice inviting
recommendations from the public for items to be included on the PGP for
the upcoming plan year. See, for example, Notice 2023-36 (May 4, 2023).
We also invite the public to provide us with their comments and
suggestions for guidance projects throughout the year.
BILLING CODE 4810-AK-P
DEPARTMENT OF VETERANS AFFAIRS (VA)
Statement of Regulatory Priorities
The Department of Veterans Affairs (VA) administers services and
benefit programs that recognize the important federal obligations to
those who served this Nation. VA's regulatory responsibility is almost
solely confined to carrying out mandates of the laws enacted by
Congress relating to programs for veterans and their families. VA's
major regulatory objective is to implement these laws with fairness,
justice, and efficiency.
Most of the regulations issued by VA involve at least one of three
VA components: the Veterans Benefits Administration, the Veterans
Health Administration, and the National Cemetery Administration. The
primary mission of the Veterans Benefits Administration is to provide
high-quality and timely nonmedical benefits to eligible veterans and
their dependents. The primary mission of the Veterans Health
Administration is to provide high-quality health care on a timely basis
to eligible veterans through its system of medical centers, nursing
homes, domiciliaries, and outpatient medical and dental facilities. The
primary mission of the National Cemetery Administration is to
memorialize eligible veterans, members of the Reserve components, and
their dependents in VA National Cemeteries and to maintain those
cemeteries as national shrines in perpetuity as a final tribute of a
grateful Nation to commemorate their service and sacrifice to our
Nation.
VA's regulatory priorities also reflect our robust engagement
process with stakeholders and our strong culture of evidence-based
decision making. Through regular stakeholder meetings, public hearings,
Small Business Advocacy Review Panels, and public comments on proposed
regulations, the Department engages with diverse stakeholders to seek
input on our regulatory agenda overall or feedback on proposed rules.
When VA publishes a proposed rule, it is current practice to send a
Plain Language Summary Document (PLSD) to VSOs, Congress and
Intergovernmental Affairs offices notifying them that a proposed rule
is open for public comment. We also do this for Final rules and in some
instances, we send a Press Release document in lieu of the PLSD. A
Press Release and a PLSD is a summary of the published rule, its
impacts, why the rule is necessary and who the rule impacts. Among the
specific rules described below, we include further details on previous
stakeholder engagement and future opportunities for stakeholder
engagement. VA's regulatory priority plan consists of thirteen (13)
priority regulations. The regulations listed below are not in any
priority order.
BILLING CODE 8320-01-P
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BILLING CODE 8320-01-C
[[Page 9462]]
VA
Proposed Rule Stage
177. Updating VA Adjudication Regulations for Disability or Death
Benefit Claims Related to Herbicide Exposure [2900-AR10]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 38 U.S.C. 1116; 38 U.S.C. 1116A; 38 U.S.C. 1116B;
38 U.S.C. 1821; 38 U.S.C. 1822
CFR Citation: 38 CFR 3.30; 38 CFR 3.309; 38 CFR 3.105; 38 CFR
3.114; 38 CFR 3.313; 38 CFR 3.81.
Legal Deadline: None.
Abstract: The Department of Veterans Affairs (VA) proposes to amend
its adjudication regulations relating to exposure to herbicides, such
as Agent Orange, in order to incorporate the provisions of the Blue
Water Navy Vietnam Veterans Act of 2019 (the BWN Act). This proposed
rule would extend the presumed area of exposure to the offshore waters
of the Republic of Vietnam and expand the date ranges for presumption
of exposure in the Republic of Vietnam and Korea. This rule would also
clarify the definition of a Nehmer class member and establish
entitlement to spina bifida benefits for children of certain veterans
who served in Thailand. On the basis of VA's general rulemaking
authority, VA also proposes to establish a presumption of herbicide
exposure for certain veterans who served in Thailand and also proposes
to codify longstanding procedures for searching for payees entitled to
Nehmer class action settlement payments. This proposed rule
incorporates the provisions contained in VA's RIN 2900-AR45, titled,
``Diseases Associated with Exposure to Certain Herbicide Agents
(Bladder Cancer, Parkinsonism, and Hypothyroidism)'' as a result of VA
withdrawing RIN 2900-AR45 from the Fall 2022 Unified Agenda. A future
Interim Final Rule will be published to align all of VA's adjudication
regulations with controlling statute. This future regulation will also
ensure that eligible Veterans are not denied the benefits they are
entitled to and will allow VA to correct previous improper denials of
service connection.
Statement of Need: The Department of Veterans Affairs (VA) is
proposing to amend its regulations for the following purposes: (1)
extend the presumption of herbicide exposure to the offshore waters of
the Republic of Vietnam and to define those boundaries; (2) expand the
dates for presumption of herbicide exposure for service in the Korean
Demilitarized Zone; (3) establish entitlement to spina bifida benefits
for children of certain Veterans who served in Thailand; (4) codify the
presumption of herbicide exposure for certain locations identified
where herbicide agents were used, tested, or stored outside of Vietnam;
(5) codify longstanding procedures for searching for payees entitled to
class-action settlements under Nehmer v. Department of Veterans
Affairs; (6) apply the definition of Republic of Vietnam offshore
waters to presumptive service connection claims for non-Hodgkin's
lymphoma; (7) add bladder cancer, hypothyroidism, and Parkinsonism as
presumptive herbicide diseases; and (8) recognize hypertension and
monoclonal gammopathy of undetermined significant as presumptive
herbicide diseases.
Summary of Legal Basis: Promulgation of these regulations is
necessitated by the Blue Water Navy Vietnam Veterans Act of 2019,
Public Law 116-123; Fiscal Year 2021 National Defense Authorization
Act; and the Sergeant First Class Heath Robinson Honoring our Promise
to Address Comprehensive Toxics Act of 2022 (PACT Act), Public Law 117-
168. VA's general rulemaking authority under 38 U.S.C. 501(a) is also
utilized in effectuating these regulations.
Alternatives: The comprehensive framework of the enacted laws
requires VA to issue regulations to ensure that claims processors
accurately and consistently adjudicate claims pursuant to the intent
and text of the legislation. The absence of regulations would cause
confusion amongst adjudicators leading to benefit decision errors, as
well as incurring significant litigation risk if the only instruction
concerning application of the aforementioned laws is sub-regulatory
guidance that did not go through notice-and-comment as required by the
Administrative Procedures Act.
Anticipated Cost and Benefits: VA has estimated that there are both
transfers and costs associated with the provisions of this rulemaking.
The total transfers are estimated to be $59.9 billion over 10 years.
Actual transfers and costs will be determined and reflected in this
section of ROCIS once the Reg is formally sent to OMB for a formal
Executive Order 12866 review.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
URL For More Information: www.regulations.gov.
Agency Contact: Robert Parks, Department of Veterans Affairs, 1800
G Street NW, Washington, DC 20006, Phone: 202 461-9700, Email:
[email protected].
RIN: 2900-AR10
VA
178. Expanding Veterans Cemetery Grant Program (VCGP) Grants To Include
Training Costs [2900-AR47]
Priority: Other Significant.
Legal Authority: 5 U.S.C. 605(b); 2 U.S.C. 1532; 38 U.S.C. 101; 25
U.S.C. 450b(l)
CFR Citation: 38 CFR 39.34.
Legal Deadline: None.
Abstract: VA proposes to amend its regulations regarding aid for
the establishment, expansion, and improvement, or operation and
maintenance of Veterans cemeteries to implement new authorities
provided in section 2208 of The Veterans Health Care and Benefits
Improvement Act of 2020. The Act authorizes VA to expand the use of
Veterans Cemetery Grant Program (VCGP) funds to include training costs
for State and Tribal cemetery personnel to participate in training
provided by the National Cemetery Administration (NCA).
Statement of Need: This rulemaking is needed for the Department of
Veteran Affairs (VA) to amend its regulations, in accordance with 38
U.S.C. 501, to implement new authorities enacted in Section 2208 of
Public Law 116-315, The Veterans Health Care and Benefits Improvement
Act of 2020. That Public Law amended section 2408 of title 38, United
States Code (U.S.C.).
Summary of Legal Basis: VA proposes to amend its regulations
regarding aid for the establishment, expansion, and improvement, or
operation and maintenance of Veterans cemeteries to implement new
authorities provided in section 2208. The Act authorized VA to expand
the use of Veterans Cemetery Grant Program (VCGP) funds to include
training costs for State and Tribal cemetery personnel to participate
in training provided by the National Cemetery Administration (NCA).
Alternatives: Because VA must implement new grants authority in
regulation, there are no practical alternatives to rulemaking. Grantees
can choose to apply for training grant funds or expend their own
resources to send employees to attend NCA training.
[[Page 9463]]
However, as mentioned above, because many grantees lack sufficient
fiscal resources for their employees to attend NCA training, VA
anticipates increased participation from grantee-cemetery employees.
The proposed approach limits the number of employees the State or
Tribal Organizations can have attending training and those entities
will continue to have difficulty meeting the same national shrine
standards and measures as VA national cemeteries.
Anticipated Cost and Benefits: The primary benefit of this program
expansion will assist VA grant-funded State and Tribal Veterans'
cemeteries in meeting NCA operational standards and measures. This
includes the appearance in the key cemetery areas of cleanliness,
height and alignment of headstones and markers, leveling of gravesites,
and turf conditions. VA estimates transfers of $89,916 for Fiscal Year
(FY) 2023 and $458,661 for FY 2023-FY 2027.
Risks: TBD.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
URL For More Information: www.regulations.gov.
Agency Contact: George Eisenbach, Director, Veterans Cemetery
Grants Program, National Cemetery Administration, Department of
Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, Phone:
202 632-7369, Email: [email protected].
RIN: 2900-AR47
VA
179. Technical Revisions To Expand Health Care for Certain Toxic
Exposure and Overseas Contingency Service [2900-AR73]
Priority: Other Significant.
Legal Authority: 38 U.S.C. 1710; Pub. L. 117-168 sec. 103(a)
CFR Citation: 38 CFR 17.36; 38 CFR 17.108; 38 CFR 17.110; 38 CFR
17.111; 38 CFR 51.50.
Legal Deadline: None.
Abstract: The Department of Veterans Affairs (VA) proposes to amend
its medical regulations governing eligibility for VA health care and
copayment requirements to conform to recent statutory changes made by
section 103 of the Sergeant First Class Heath Robinson Honoring our
Promise to Address Comprehensive Toxics Act of 2022, Public Law 117-168
(PACT Act). VA is changing its medical benefits enrollment criteria to
include toxic-exposed veterans and veterans who supported certain
overseas contingency operations, to exempt such veterans from
copayments for certain care, and to provide per diem for nursing home
care for such veterans.
Statement of Need: This rulemaking is necessary to implement the
provisions of section 103(a) of the Honoring our Promise to Address
Comprehensive Toxics Act of 2022, Public Law 117-168 (PACT Act), which
expanded the provision of health care and nursing home care to new
groups of toxic-exposed veterans. This rule would also amend VA's
medical regulations to exempt such veterans from copayments for certain
care.
Summary of Legal Basis: Pursuant to 38 U.S.C. 1710, VA proposes to
amend its medical regulations and regulations on per diem for nursing
home care of veterans in State homes. This would conform with changes
made to 38 U.S.C. 1710 by section 103 of the PACT Act.
Alternatives: TBD.
Anticipated Cost and Benefits: TBD.
Risks: Delayed access to health care for these toxic-exposed
veterans that would be newly-eligible for VA health care. These
additional groups of toxic-exposed veterans who are already enrolled in
VA health care would continue to be charged copayments for care of
illness related to their toxic exposures until these changes are made.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
URL For More Information: www.regulations.gov.
Agency Contact: Ryan Heiman, Acting Deputy Director, VHA Member
Services, Department of Veterans Affairs, 3401 SW 21st Street, Building
9, Topeka, KS 66604, Phone: 785 817-2719, Email: [email protected].
RIN: 2900-AR73
VA
180. Updating VA Adjudication Regulations for Disability or Death
Benefits Based on Toxic Exposure [2900-AR75]
Priority: Other Significant.
Legal Authority: 38 U.S.C. 1117; 38 U.S.C. 1119; 38 U.S.C. 1120; 38
U.S.C. 501
CFR Citation: 38 CFR 3.159; 38 CFR 3.317; 38 CFR 3.320.
Legal Deadline: None.
Abstract: The Department of Veterans Affairs is proposing to amend
its adjudication regulations to implement provisions of the Sergeant
First Class Heath Robinson Honoring our Promise to Address
Comprehensive Toxics Act of 2022, Public Law 117-168 (PACT Act). The
statute amended procedures applicable to claims based on toxic exposure
and modified or established presumptions of service connection related
to toxic exposure. Pursuant to the Act, VA is proposing to remove the
manifestation period requirement and the minimum compensable evaluation
requirement from Gulf War claims based on undiagnosed illness and
medically unexplained chronic multi-symptom illnesses. VA is also
proposing to expand the definition of a Persian Gulf Veteran and update
the list of locations eligible for a presumption of exposure to toxic
substances, chemicals, or hazards based on Gulf War service. To
implement additional provisions of the Act, VA is also proposing to
codify the procedure for determining when examinations and medical
nexus opinions are required for claims based on toxic exposure.
Statement of Need: The Department of Veterans Affairs is proposing
to amend its adjudication regulations to implement provisions of the
Sergeant First Class Heath Robinson Honoring our Promise to Address
Comprehensive Toxics Act of 2022, Public Law 117-168 (PACT Act). The
statute amended procedures applicable to claims based on toxic exposure
and modifies or establishes presumptions of service connection related
to toxic exposure.
Summary of Legal Basis: The new provisions of regulation are
authorized by sections 302, 303, 405 and 406 of Public Law 117-168. VA
must publish regulations to carry out the laws administered by the
Department as required by 38 U.S.C. 501(a).
Alternatives: The comprehensive framework of the enacted law
requires VA to issue regulations to ensure that claims processors
accurately and consistently adjudicate claims pursuant to the intent
and text of the legislation. The absence of regulations would cause
confusion amongst adjudicators leading to benefit decision errors, as
well as incurring significant litigation risk if the only instruction
concerning application of the aforementioned law is sub-regulatory
guidance that did not go through notice-and-comment as
[[Page 9464]]
required by the Administrative Procedures Act.
Anticipated Cost and Benefits: Actual costs and transfers will be
determined and reflected in this section of ROCIS once the rule is
formally sent to OMB for a formal Executive Order 12866 review.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
URL For More Information: www.regulations.gov.
Agency Contact: Robert Parks, Department of Veterans Affairs, 1800
G Street NW, Washington, DC 20006, Phone: 202 461-9700, Email:
[email protected].
RIN: 2900-AR75
VA
181. Evidence Requirements for Direct Service Connection of Covered
Mental Health Conditions Based on In-Service Personal Trauma [2900-
AR91]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: 38 U.S.C. 501
CFR Citation: 38 CFR 3.304.
Legal Deadline: None.
Abstract: VA is proposing to amend regulations concerning the type
of evidence that may be used to support a veteran's statement regarding
the occurrence of an in-service personal trauma. VA is also proposing
to define key terms relevant to such claims. These amendments will
provide greater specificity and clarity to the regulatory text and aid
claims processors who develop and decide claims based on in-service
personal trauma. The intent of this change is to ease the evidentiary
requirements for veterans claiming a mental health condition based on
in-service personal trauma.
Statement of Need: TBD--The statement of need is still pending but
will be determined and reflected in this section of ROCIS once the Reg
is formally sent to OMB for a formal Executive Order 12866 review.
Summary of Legal Basis: TBD--The legal basis for this Reg is still
pending but will be determined and reflected in this section of ROCIS
before the Reg is formally sent to OMB for a formal Executive Order
12866 review.
Alternatives: TBD--Alternatives are still pending but will be
determined and reflected in this section of ROCIS before the Reg is
formally sent to OMB for a formal Executive Order 12866 review.
Anticipated Cost and Benefits: TBD--Actual costs and transfers are
still pending but will be determined and reflected in this section of
ROCIS before the Reg is formally sent to OMB for a formal Executive
Order 12866 review.
Risks: TBD--Risks are still pending but will be determined and
reflected in this section of ROCIS before the Reg is formally sent to
OMB for a formal Executive Order 12866 review.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Robert Parks, Department of Veterans Affairs, 1800
G Street NW, Washington, DC 20006, Phone: 202 461-9700, Email:
[email protected].
RIN: 2900-AR91
VA
182. Amendments to the Caregivers Program [2900-AR96]
Priority: Section 3(f)(1) Significant. Major status under 5 U.S.C.
801 is undetermined.
Legal Authority: 38 U.S.C. 1720G
CFR Citation: Not Yet Determined.
Legal Deadline: None.
Abstract: The rule will propose amendments to the eligibility
criteria, definitions used, and consider other changes to evaluation
processes for the Program of Comprehensive Assistance for Family
Caregivers, which provides services and benefits, including a monthly
stipend, for eligible caregivers of veterans who sustained a serious
injury or illness in the line of duty.
Statement of Need: This rulemaking is necessary to implement
several changes to VA's Program of Comprehensive Assistance for Family
Caregivers (PCAFC) and Program of General Caregiver Support Services
(PGCSS) to improve program operations, update eligibility criteria, and
expand access to the programs for eligible veterans and servicemembers
and their caregivers and comply with Executive Order 14095, Increasing
Access to High-Quality Care and Supporting Caregivers, issued April 18,
2023, that required the Secretary of Veterans Affairs consider issuing
a notice of proposed rulemaking by the end of this fiscal year that
would make any appropriate modifications to eligibility criteria for
PCAFC. In accordance with Executive Order 14094, VA briefed the
Veterans Service Organizations (VSO) on June 30th, 2023, during the
rulemaking process.
Summary of Legal Basis: Pursuant to its authority in 38 U.S.C.
1720G, VA proposes to amend its regulations under 38 CFR part 71, which
governs PCAFC, a program that provides Family Caregivers of eligible
veterans benefits, such as training, respite care, counseling,
technical support, beneficiary travel, and for Primary Family
Caregivers, provides a monthly stipend payment, and access to health
care; and PGCSS, which is available to caregivers of covered veterans
of all eras of military service. Proposed amendments would comply with
the U.S. Court of Appeals for the Federal Circuit decision in Veteran
Warriors, Inc. v. Sec'y of Veterans Affairs, 29 F.4th 1320 (Fed. Cir.
2022), which set aside a portion of VA's regulations concerning PCAFC
eligibility criteria, specifically VA's definition of need for
supervision, protection, and instruction as that term is used
throughout 38 CFR part 71. VA proposes to remove conflicting language
from its regulations.
Alternatives: There are no acceptable policy alternatives to
issuing this regulation.
Anticipated Cost and Benefits: VA is still determining costs but
anticipates costs to be over $200 million in any given year of the 10-
year estimate; VA anticipates this rule would be a section 3(f)(1)
significant rule under Executive Order 12866.
This rulemaking would expand access to caregiver benefits for
eligible veterans based on proposed changes in eligibility criteria.
Actual costs will be determined and reflected in this section of ROCIS
once the Reg is formally sent to OMB for a formal Executive Order 12866
review.
Risks: Delayed access to PCAFC for eligible veterans and their
Family Caregivers.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
URL For More Information: www.regulations.gov.
Agency Contact: Colleen Richardson PsyD, Executive Director,
Caregiver
[[Page 9465]]
Support Program, Patient Care Services, Veterans Health Administration,
Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC
20420, Phone: 202 461-7337, Email: [email protected].
RIN: 2900-AR96
VA
183. Revision of Veterans Community Care Program (VCCP) Access
Standards [2900-AS00]
Priority: Other Significant.
Legal Authority: 38 U.S.C. 1703; 38 U.S.C. 1703B
CFR Citation: 38 CFR 17.4040.
Legal Deadline: None.
Abstract: VA proposes to revise its designated access standards for
purposes of the Veterans Community Care Program to consider a veteran's
preference for telehealth when scheduling appointments. VA additionally
proposes to consider whether and how to address standards for when a VA
provider is not available within the existing average drive time
standards.
Statement of Need: This rulemaking is needed to implement certain
provisions of section 125 of Division U of the Consolidated
Appropriations Act, 2023, the Joseph Maxwell Cleland and Robert Joseph
Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022
(hereinafter referred to as the Act).
Summary of Legal Basis: Pursuant to 38 U.S.C. 1703 and 1703B and
subject to regulations at 38 CFR 17.4000-17.4040, VA administers the
Veterans Community Care Program (VCCP) to furnish care in the community
to covered Veterans at their election and subject to the availability
of appropriations. Consistent with 38 U.S.C. 1703(d)(1)(D) and 1703B,
current 38 CFR 17.4010(a)(4) establishes eligibility for the VCCP if a
covered veteran has contacted VA to request required care or services,
but VA has determined it is not able to furnish such care or services
in a manner that complies with VA's designated access standards in
17.4040. Section 125 of the Act amended section 1703B(f) to require VA
to meet the access standards established under section 1703B(a) when
furnishing care through VCCP and ensure that meeting such access
standards is reflected in the contractual requirements of third-party
administrators (TPA).
Alternatives: VA does not interpret that there is an alternative to
implementing certain provisions of section 125 of the Act. VA does not
interpret that there is an alternative to a two-stage rulemaking
because current VCCP regulations do not apply VA access standards to
eligible entities and providers (non-VA providers) under TPA
agreements, and to do so requires notice and comment prior to being
implemented.
Anticipated Cost and Benefits: VA does not anticipate this
rulemaking would result in $200 million or more in costs or savings. VA
anticipates benefits for Veterans as eligible entities and providers
participating in VCCP would also be subject to measurable access
standards designed to improve Veteran's access to care. Actual costs
will be determined and reflected in this section of ROCIS once the Reg
is formally sent to OMB for a formal Executive Order 12866 review.
Risks: None identified.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
URL For More Information: www.regulations.gov.
Agency Contact: Joseph Duran, Director of Policy and Planning
(10D1A1) Department of Veterans Affairs, 3773 Cherry Creek North Drive,
Denver, CO 80209, Phone: 303 370-1637, Email: [email protected].
RIN: 2900-AS00
VA
Final Rule Stage
184. Modifying Copayments for Veterans at High Risk for Suicide [2900-
AQ30]
Priority: Other Significant.
Legal Authority: 38 U.S.C. 1710(g); 38 U.S.C. 1722A
CFR Citation: 38 CFR 17.108; 38 CFR 17.110.
Legal Deadline: None.
Abstract: The Department of Veterans Affairs (VA) is finalizing a
proposed rule to amend its medical regulations governing copayments for
VA outpatient medical care and medications (to include outpatient
medical care and medications provided by VA directly or community care
obtained by VA through contracts, provider agreements or sharing
agreements) by eliminating the copayment for outpatient care and
reducing the copayment for medications dispensed to veterans identified
by VA as being at high risk for suicide. These copayment changes will
be applied until VA determines that the veteran is no longer at high
risk for suicide.
Statement of Need: This rulemaking is needed because a change in
the current regulation is called for by the policy outlined in
Executive Order 13822, which provides that our Government must improve
mental healthcare and access to suicide prevention resources available
to veterans. Healthcare research has provided extensive evidence that
copayments can be barriers to healthcare for vulnerable patients, which
places the change in line with the goals of the Executive order.
Summary of Legal Basis: Executive Order 13822.
Alternatives: The express intent of the rulemaking is to reduce
barriers to mental health care for Veterans at high risk for suicide.
To defer implementation of the regulation would be to undermine its
purpose. However, alternative regulatory approaches were considered. It
was considered whether VHA national or local policy changes could
effectively meet the intent of the regulation. It was found that policy
change is not a viable alternative due to regulatory constraints that
prevent changes to copayment requirements. The timing of rulemaking was
considered. There were no potential cost savings or other net benefits
identified that would lead to a more beneficial option. A phase-in
period for the regulation was considered. There were no burdens, likely
failures, or negative comments identified that a phase-in period would
help mitigate. There were no potential cost savings or other net
benefits identified that would make phasing in the regulation a more
beneficial option.
Anticipated Cost and Benefits: Outpatient medical care and
medication copayments will be reduced for Veterans determined to be at
high risk for suicide. VA strongly believes, based on extensive
empirical evidence, that the provisions of this rulemaking will
decrease the likelihood of fatal or medically serious overdoses from VA
prescribed medications among Veterans who are at a high risk of
suicide. VA also strongly believes, based on the evidence, that the
provisions of this rulemaking will significantly increase the
engagement of Veterans who are at a high risk of suicide in outpatient
health care, which is known to decrease the risk of suicide and other
adverse outcomes. Actual costs and/or transfers will be determined and
reflected in this section of ROCIS once the Reg is
[[Page 9466]]
formally sent to OMB for a formal Executive Order 12866 review.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/05/22 87 FR 418
NPRM Comment Period End............. 03/07/22
Final Action........................ 09/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
URL For More Information: www.regulations.gov.
Agency Contact: Julie Wildman, Informatics Educator, Department of
Veterans Affairs, 795 Willow Road, Building 321, Room A124, Menlo Park,
CA 94304, Phone: 650 493-5000, Email: [email protected].
RIN: 2900-AQ30
VA
185. Update and Clarify Regulatory Bars to Benefits Based on Character
of Discharge [2900-AQ95]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 38 U.S.C. 501
CFR Citation: 38 CFR 3.12.
Legal Deadline: None.
Abstract: The Department of Veterans Affairs (VA) is amending its
regulations regarding character of discharge determinations. The
amendments will modify the regulatory framework for discharges
considered ``dishonorable'' for VA benefit eligibility purposes, such
as discharges due to ``willful and persistent misconduct,'' an
``offense involving moral turpitude,'' and ``homosexual acts involving
aggravating circumstances or other factors affecting the performance of
duty.'' The amendments will also extend a ``compelling circumstances''
exception to certain regulatory bars to benefits in order to ensure
fair character of discharge determinations in light of all pertinent
factors. VA's amendments will take into consideration the public
comments received on the published proposed rule (85 FR 41471),
comments that VA receives from a published Request for Information (86
FR 50513) and comments received during two scheduled listening
sessions, which are described in aforementioned Request for
Information.
Statement of Need: TBD. In accordance with Executive Order 14094,
VA published a Request for Information (RFI) on September 9, 2021, 86
FR 50513 (2021) after the NPRM published. Specifically, the RFI asked
questions about compelling circumstances, willful and persistent
misconduct, moral turpitude, benefit eligibility and removing the
regulatory bars. In addition to and subsequent of the RFI, VA held a
two-day listening session in October 2021 to receive oral comments on
the RFI questions.
Summary of Legal Basis: TBD.
Alternatives: TBD.
Anticipated Cost and Benefits: TBD.
Risks: TBD.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/10/20 85 FR 41471
NPRM Comment Period End............. 09/08/20
Request For Information (RFI)....... 09/09/21 86 FR 50513
RFI Comment Period End.............. 10/12/21
Final Action........................ 01/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
URL For More Information: www.regulations.gov.
Agency Contact: Olumayowa Famakinwa, Department of Veterans
Affairs, 810 Vermont Avenue NW, Washington, DC 20420, Phone: 202 461-
9700, Email: [email protected].
RIN: 2900-AQ95
VA
186. Veteran and Spouse Transitional Assistance Grant Program [2900-
AR68]
Priority: Other Significant.
Legal Authority: 5 U.S.C. 601 to 612; 31 U.S.C. 302
CFR Citation: 38 CFR 63.6309.
Legal Deadline: None.
Abstract: VA, as authorized under the Johnny Isakson and David P.
Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020,
amends its regulations to establish the Veteran Transitional Assistance
Grant Program (VTAGP). VA will establish grant application procedures
and evaluative criteria for determining whether to issue funding to
eligible organizations providing transition services to members of the
Armed Forces who are separated, retired, or discharged, as well as
their spouses.
Statement of Need: The Department of Veterans Affairs (VA) has
determined this rulemaking is necessary, in accordance with authority
established by Public Law (Pub. L.) 116-315 4304 and 38 U.S.C. 501, 512
to implement Public Law 116315 4304, the Johnny Isakson and David P.
Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
(January 5, 2021). VA proposes to amend title 38 Pensions, Bonuses, and
Veterans' Relief by adding part 80 and new sections 80.1 through 80.17
to the Code of Federal Regulations (CFR) to implement this new grant
authority.
Summary of Legal Basis: VA proposes regulations to establish the
Veteran and Spouse Transitional Assistance Grant Program (VSTAGP). VA
will establish grant application procedures and evaluative criteria for
determining whether to issue funding to eligible organizations
providing transition services to members of the Armed Forces who are
separated, retired, or discharged, as well as their spouses.
Alternatives: VA discussed how to implement provisions of 4304 of
Public Law 116-315. A rulemaking is the preferred option as VA grant
programs have historically been established utilizing the rulemaking
process. If this regulation were not enacted, VA would struggle to
implement the mandates put forth in Public Law 116-315 with current
available resources and therefore, the agency would not be in
compliance with the law. Alternatively, participants would continue to
access existing transition services that may limit services to Veterans
as defined in 38 U.S.C. 101(2). VA also considered an alternative title
to this rulemaking, however after discussions with external partners it
was determined to include the term spouse in the title. VSTAGP intends
to provide transition services to members of the Armed Forces who are
separated, retired, or discharged from the Armed Forces, and spouses of
such members, by identifying employment barriers and developing
individualized employment plans to overcome barriers. The program will
also link participants to necessary support services. Also, a
rulemaking will notify the public and interested parties of VA's new
authority and allow for notice and comment. Public Law 116-315 requires
grant recipients to provide matching funding from non-Federal sources
that are at least equal to Federal grant funds awarded by VA.
Anticipated Cost and Benefits: Each year, approximately 200,000 men
and women leave the U.S. military service and return to their lives as
civilians, a process known as the military-to-civilian transition. This
rulemaking benefits former Service members who are discharged, retired,
or separated, and their spouses (referred to as
[[Page 9467]]
participants), by establishing a grants program focused on improving
transition services. Transition services would include resume
assistance, interview training, job recruitment training and related
services that would result in a successful transition as determined by
the Secretary. Related services would include, but are not limited to,
employment placement services, employment education and/or training and
employment referrals. VA has determined there are costs and transfers
associated with this rulemaking. The total regulatory budget impact
associated with this rulemaking is estimated to be $6.9 million in FY
2024 and $38.3 million over 5 years as reflected in Table 1 below.
Costs associated with this rulemaking are estimated at $1.9 million in
FY 2024 and $13.3 million over 5 years to include an information
technology (IT) solution to manage grants. The net transfers for the
creation of VSTAGP are $5 million for FY 2024 and $25 million over 5
years.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/05/23 88 FR 42891
NPRM Comment Period End............. 08/04/23
Final Action........................ 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
URL For More Information: www.regulations.gov.
Agency Contact: Kenneth Fenner, Program Analyst, Office of
Outreach, Transition and Economic Dev., Department of Veterans Affairs,
1800 G Street SW, Washington, DC 20420, Phone: 800 877-8339, Email:
[email protected].
RIN: 2900-AR68
VA
187. Reevaluation of Claims for Dependency and Indemnity Compensation
Based on Public Law 117-168 [2900-AR76]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 38 U.S.C. 501; 38 U.S.C. 1305
CFR Citation: 38 CFR 3.817.
Legal Deadline: None.
Abstract: The Department of Veterans Affairs (VA) amending its
adjudication regulations concerning certain awards of Dependency and
Indemnity Compensation (DIC). Relevant claimants will be eligible to
elect a reevaluation of certain previously denied DIC determinations
pursuant to changes that establish or modify a presumption of service-
connection. Any award following reevaluation may be made retroactive to
the date of a previously denied claim as if the establishment or
modification of the presumption of service- connection had been in
effect on the date of the submission of the original claim. With
respect to new or initial awards of DIC pending before VA on or after
August 10, 2022, VA will utilize the most advantageous effective date
amongst 38 CFR 3.114 and 3.400, to potentially grant an award earlier
than August 10, 2022, if applicable. Lastly, as the PACT Act is silent
with respect to changes in the accrued or substitution process as it
relates to the reevaluation of DIC claims, VA will be utilizing the
regular processes regarding accrued and substitution benefits contained
in 38 U.S.C. 5121 and 5121A. The amendments within this final
rulemaking incorporate legislative updates enacted by the Sergeant
First Class Heath Robinson Honoring our Promise to Address
Comprehensive Toxics Act of 2022, or the Honoring our PACT Act of 2022
(Pub. L. 117-168) (PACT Act) and will bring federal regulations into
conformance with the statutory changes. The amendments in this
regulation are in accordance with the President's priorities to address
toxic exposure. Also improve service delivery, customer experience, and
reduce administrative burdens for those accessing public benefits and
services.
Statement of Need: The Department of Veterans Affairs has
determined the need to amend its regulations, in accordance with 38
U.S.C. 501, to incorporate legislative updates enacted by Section 204
of the Sergeant First Class Heath Robinson Honoring our Promise to
Address Comprehensive Toxics Act of 2022 or the Honoring our PACT Act
of 2022 (Pub. L. 117-168).
Summary of Legal Basis: This amendment to the Dependency and
Indemnity Compensation benefit program is authorized by section 204 of
Public Law 117-168. VA must publish regulations for matters related to
benefits as required by 38 U.S.C. 501(d).
Alternatives: VBA has considered an alternative policy to this
final rule. VBA could choose not to act at this time and codify a new
regulation at a later date. However, this would have a negative effect
on VA's effectiveness in processing benefits claims as the current
regulations do not align with the updated statutes. This new
adjudication regulation is needed to appropriately determine
eligibility to certain VA benefits based on these statutory changes.
Therefore, the final rule of adding a new adjudication regulation which
will provide relevant claimants the ability to elect a reevaluation of
certain previously denied DIC determinations pursuant to changes that
establish or modify a presumption of service connection to conform with
the statutory changes within the PACT Act is VA's preferred policy
approach.
Anticipated Cost and Benefits: TBD.
Risks: None.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/22/23 88 FR 17166
NPRM Comment Period End............. 05/22/23
Final Action........................ 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
URL For More Information: www.regulations.gov.
Agency Contact: Eric Baltimore, Program Analyst, Pension and
Fiduciary Service, Veterans Benefits Administration, Department of
Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, Phone:
202 632-8863, Email: [email protected].
RIN: 2900-AR76
VA
Completed Actions
188. Presumptive Service Connection for Respiratory Conditions Due to
Exposure to Particulate Matter [2900-AR25]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
CFR Citation: 38 CFR 3.319 (new).
Abstract: This rulemaking adopts as final, with changes, an interim
final rule that amended the Department of Veterans Affairs (VA)
adjudication regulations governing presumptive service connection based
on presumed exposures to fine particulate matter. The amendment was
necessary to provide health care, services, and benefits to Gulf War
Veterans who were exposed to fine particulate matter associated with
deployment to the Southwest Asia theater of operations, as well as
Afghanistan, Syria, Djibouti, and Uzbekistan. The amendment eased the
evidentiary burden of Gulf War Veterans who file claims with VA for
asthma, rhinitis, and sinusitis, to include rhinosinusitis.
[[Page 9468]]
Statement of Need: The amendment is necessary, in accordance with
38 U.S.C. 501(a), to provide health care, services, and benefits to
Gulf War Veterans who were potentially exposed to fine particulate
matter associated with deployment to the Southwest Asia theater of
operations, as well as Afghanistan, Syria, Djibouti, and Uzbekistan.
Summary of Legal Basis: This rulemaking adopts as final, with
changes, an interim final rule that amended the Department of Veterans
Affairs (VA) adjudication regulations governing presumptive service
connection based on presumed exposures to fine particulate matter. The
amendment was necessary to provide health care, services, and benefits
to Gulf War Veterans who were exposed to fine particulate matter
associated with deployment to the Southwest Asia theater of operations,
as well as Afghanistan, Syria, Djibouti, and Uzbekistan. The amendment
eased the evidentiary burden of Gulf War Veterans who file claims with
VA for asthma, rhinitis, and sinusitis, to include rhinosinusitis.
Alternatives: None.
Anticipated Cost and Benefits: The intended effect of this
amendment is to address the needs and concerns of Gulf War Veterans and
service members who have served and continue to serve in these
locations as military operations in the Southwest Asia theater of
operations have been ongoing from August 1990 until the present time.
Neither Congress nor the President has established an end date for the
Gulf War. Therefore, to provide immediate health care, services, and
benefits to current and future Gulf War Veterans who may be affected by
particulate matter due to their military service, VA intends to provide
presumptive service connection for the chronic disabilities of asthma,
rhinitis, and sinusitis, to include rhinosinusitis, as well as a
presumption of exposure to fine, particulate matter. This will ease the
evidentiary burden of Gulf War Veterans who file claims with VA for
these three conditions, which are among the most commonly claimed
respiratory conditions. VA has determined that both transfers and costs
are associated with this final rulemaking. The total budgetary impact
is estimated to be $1.5 billion in FY 2023, $12.4 billion over five
years, and $30.4 billion over 10 years, as detailed in Table 1 below.
Transfers are estimated to be $1.3 billion in 2023, $11.2 billion over
five years, and $28.5 billion over 10 years.
Risks: TBD.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Action........................ 09/01/23 88 FR 60336
Final Action Effective.............. 10/31/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Jane Allen, Policy Analyst, Robert Parks, Chief,
Part 3 Regulations Staff (211), Department of Veterans Affairs,
Compensation Service (21C), 810 Vermont Avenue NW, Washington, DC
20420, Phone: 202 461-9700.
RIN: 2900-AR25
VA
189. Presumptive Service Connection for Rare Respiratory Cancers Due to
Exposure to Fine Particulate Matter [2900-AR44]
Priority: Other Significant.
CFR Citation: 38 CFR 3.317(e)(2); 38 CFR 3.
Abstract: This rulemaking adopts as final, without changes, an
interim final rule amending the Department of Veterans Affairs (VA)
adjudication regulations to establish presumptive service connection
for nine rare respiratory cancers in association with presumed exposure
to fine particulate matter. These presumptions apply to Veterans with a
qualifying period of service, i.e., who served on active military,
naval, or air service in the Southwest Asia theater of operations
during the Persian Gulf War (hereinafter Gulf War), from August 2,
1990, onward, as well as in Afghanistan, Syria, Djibouti, or
Uzbekistan, on or after September 19, 2001, during the Gulf War. This
rulemaking implements a decision by the Secretary of Veterans Affairs
that determined there is sufficient evidence to support these cancers
as presumptive based on exposure to fine particulate matter during
service in the Southwest Asia theater of operations, Afghanistan,
Syria, Djibouti, or Uzbekistan during certain periods and the
subsequent development of the following rare respiratory cancers:
squamous cell carcinoma (SCC) of the larynx, SCC of the trachea,
adenocarcinoma of the trachea, salivary gland-type tumors of the
trachea, adenosquamous carcinoma of the lung, large cell carcinoma of
the lung, salivary gland-type tumors of the lung, sarcomatoid carcinoma
of the lung, and typical and atypical carcinoid of the lung. The
intended effect of this rulemaking is to ease the evidentiary burden of
this population of Veterans who file claims with VA for these nine rare
respiratory cancers.
Statement of Need: The Department of Veterans Affairs (VA) is
issuing this final rule to amend its adjudication regulations to
establish presumptive service connection for nine rare respiratory
cancers in association with presumed exposures to fine particulate
matter. This amendment is necessary to implement a decision of the
Secretary of Veterans Affairs that there is a plausible relationship
between service in the Southwest theater of operations, Afghanistan,
Syria, Djibouti, or Uzbekistan during certain periods and the
subsequent development of the following rare respiratory cancers:
squamous cell carcinoma (SCC) of larynx, SCC of trachea, adenocarcinoma
of trachea, salivary gland-type tumors of trachea, adenosquamous
carcinoma of lung, large cell carcinoma of lung, salivary gland-type
tumors of lung, sarcomatoid carcinoma of lung, and typical and atypical
carcinoid of the lung. The intended effect of this amendment is to ease
the evidentiary burden of Gulf War Veterans who file claims with VA for
these nine rare respiratory cancers.
Summary of Legal Basis: VA amends its adjudication regulations to
establish presumptive service connection for nine rare respiratory
cancers in association with presumed exposures to PM2.5 for
certain Veterans. This amendment is necessary to implement a decision
of the Secretary of Veterans Affairs that there is a plausible
relationship between service in the Southwest Asia theater of
operations, Afghanistan, Syria, Djibouti, or Uzbekistan during certain
periods and the subsequent development of the following rare
respiratory cancers: squamous cell carcinoma (SCC) of the larynx, SCC
of the trachea, adenocarcinoma of the trachea, salivary gland-type
tumors of the trachea, adenosquamous carcinoma of the lung, large cell
carcinoma of the lung, salivary gland-type tumors of the lung,
sarcomatoid carcinoma of the lung, and typical and atypical carcinoid
of the lung. The intended effect of this rulemaking is to ease the
evidentiary burden of this population of Veterans who file claims with
VA for these nine rare respiratory cancers.
Alternatives: None.
Anticipated Cost and Benefits: This rulemaking allows VA to provide
access to immediate health care services and benefits such as
disability compensation and life insurance to current and future Gulf
War Veterans who may be affected by fine particulate matter due to
their military service, and to ease the
[[Page 9469]]
evidentiary burden of Gulf War Veterans who file claims with VA for
these nine rare respiratory cancers. This rulemaking will also provide
access to benefits such as health care, survivor compensation, and
burial benefits to eligible survivors.
VA has determined that both transfers and costs are associated with
this rulemaking. Transfers are estimated to be $54.2 million in 2023,
$301.1 million over five years, and $704.6 million over ten years.
Costs are estimated to be $3.9 million in 2023, $16.8 million over five
years, and $35.2 million over ten years. The total budgetary impact is
estimated to be $58.1 million in 2023, $317.9 million over five years,
and $739.9 million over ten years.
Risks: None.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 11/03/23 88 FR 75498
Final Rule Effective................ 11/03/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Robert Parks, Department of Veterans Affairs, 1800
G Street NW, Washington, DC 20006, Phone: 202 461-9700, Email:
[email protected].
RIN: 2900-AR44
BILLING CODE 8320-01-P
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE (AMERICORPS)
Fall 2023 Statement of Regulatory Priorities
Overview
The Corporation for National and Community Service, operating as
AmeriCorps, is the Federal agency for national service and
volunteerism. AmeriCorps provides opportunities for individuals to
address some the nation's most pressing challenges, improve lives and
communities, and strengthen civic engagement. AmeriCorps offers
individuals and organizations flexible ways to make a local and lasting
impact through its programs, such as AmeriCorps State and National,
AmeriCorps VISTA, AmeriCorps NCCC, the Volunteer Generation Fund, and
AmeriCorps Seniors RSVP, Foster Grandparents, Senior Companions and
Senior Demonstration programs. AmeriCorps also supports volunteerism
through the national 9/11 Day of Service and Martin Luther King, Jr.,
Day of Service. AmeriCorps' authorizing statutes and regulations
provide the necessary legal framework for its programs. AmeriCorps'
regulatory priorities are guided by its Strategic Plan (available at
americorps.gov/about/agency-overview/strategic-plan) and Administration
priorities.
Highlights of Americorps' Regulatory Plan
This Regulatory Plan provides highlights of AmeriCorps' upcoming
regulatory actions. Please refer to AmeriCorps' Semiannual Regulatory
Agenda for the full spectrum of AmeriCorps' upcoming regulatory
actions.
Among other objectives, AmeriCorps' Strategic Plan establishes a
goal of partnering with communities to alleviate poverty and advance
racial equity. This past year, AmeriCorps finalized updates to its
AmeriCorps VISTA regulations (3045-AA79) in support of this goal. The
AmeriCorps VISTA program promotes economic resilience and address
persistent poverty by encouraging and enabling persons from all walks
of life to perform volunteer service to assist in the solution of
poverty and poverty-related problems and secure and increase
opportunities for self-advancement by persons affected by such
problems. Recently finalized updates to VISTA's regulations add
programmatic and grantmaking flexibilities to better reach underserved
communities, reduce barriers to participation in national service, and
provide those communities with access to the benefits of service to
reduce poverty.
AmeriCorps is planning two proposed regulatory actions in further
support of partnering with communities to alleviate poverty and advance
racial equity:
First, AmeriCorps State and National Updates (3045-AA84) will
consider additional programmatic and grantmaking flexibilities,
including waivers and exceptions for individuals who may benefit from
additional education and training, such as those reentering society
after a period of incarceration, to participate in national service
while acquiring skills and knowledge to ease their transition into the
workplace.
And second, AmeriCorps Seniors Updates (3045-AA81) will consider
removing barriers to service for individuals, particularly for low-
income individuals, and increasing flexibility for sponsors to
determine the best mix of staffing and resources to accomplish project
goals.
BILLING CODE 6050-28-P
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Statement of Priorities
Overview
EPA works to ensure that all Americans are protected from
significant risks to human health and the environment, including
climate change, and that overburdened and underserved communities and
vulnerable individuals--in particular, communities with environmental
justice concerns--are meaningfully engaged and benefit from focused
efforts to protect their communities from pollution. EPA acts to ensure
that all efforts to reduce environmental harms are based on the best
available scientific information, that federal laws protecting human
health and the environment are enforced equitably and effectively, and
that the United States plays a leadership role in working with other
nations to protect the global environment. EPA is committed to
environmental protection that builds and supports more diverse,
equitable, sustainable, resilient, and productive communities and
ecosystems.
By taking advantage of the latest science, the newest technologies
and the most cost-effective and sustainable solutions, EPA and its
federal, tribal, state, local, and community partners have made
important progress in addressing pollution where people live, work,
play, and learn. By cleaning up contaminated waste sites, reducing
greenhouse gases, lowering emissions of mercury and other air
pollutants, and investing in water and wastewater treatment, EPA's
efforts have resulted in tangible benefits to the American public.
Efforts to reduce air pollution alone have produced hundreds of
billions of dollars in benefits in the United States, and tremendous
progress has been made in cleaning up our nation's land and waterways.
But much more needs to be done to implement the nation's environmental
statutes and ensure that all individuals and communities benefit from
EPA's efforts to protect human health and the environment and to
address the climate crisis.
EPA will use its regulatory authorities, along with grant- and
incentive-based programs, technical and compliance assistance, and
research and educational initiatives, to address the following
priorities set forth in EPA's Strategic Plan:
Tackle the Climate Crisis
Take Decisive Action to Advance Environmental Justice and
Civil Rights
[[Page 9470]]
Enforce Environmental Laws and Ensure Compliance
Ensure Clean and Healthy Air for All Communities
Ensure Clean and Healthy Water for All Communities
Safeguard and Revitalize Communities
Ensure Safety of Chemicals for People and the Environment
As EPA develops regulations, we seek to increase participation and
engagement of members of the public affected by our regulations,
including in the development of our regulatory priorities. In our
Regulatory Plan we detail engagement efforts that have helped to inform
our priorities to date, as well as future engagement efforts we have
planned. Throughout our engagement, EPA would particularly like to hear
from members of the public who have not typically participated in the
regulatory process, including families and communities affected by
climate change, rural workers, and others.
All this work will be undertaken with a strong commitment to
scientific integrity, the rule of law and transparency, the health of
children and other vulnerable populations, and with special focus on
supporting and achieving environmental justice at federal, tribal,
state, and local levels.
Highlights of EPA's Regulatory Plan
This Regulatory Plan highlights our most important upcoming
regulatory actions. As always, our Semiannual Regulatory Agenda
contains information on a broader spectrum of EPA's upcoming regulatory
actions.
Tackle the Climate Crisis
EPA is taking appropriate regulatory action under existing
statutory authorities to reduce emissions from our nation's largest
sources of greenhouse gases (GHG) to respond to the severe and urgent
threat of climate change. The impacts of climate change are affecting
people in every region of the country, threatening lives and
livelihoods and damaging infrastructure, ecosystems, and social
systems. Overburdened and underserved communities and individuals are
particularly vulnerable to these impacts, including low-income
communities and communities of color, children, the elderly, tribes,
and indigenous people.
Exercising its authority under the Clean Air Act (CAA), EPA will
address major sources of GHGs that are driving these impacts by taking
regulatory action to minimize emissions of methane from new and
existing sources in the oil and natural gas sector; reduce GHGs from
new and existing fossil fuel-fired power plants; and limit GHGs from
new light-duty vehicles and heavy-duty trucks. EPA will also carry out
the mandates of the American Innovation and Manufacturing (AIM) Act to
implement, and where appropriate accelerate, a national phasedown in
the production and consumption of hydrofluorocarbons (HFCs), which are
highly potent GHGs. Further, these regulatory priorities complement the
commitment to holistically and aggressively combat damaging climate
pollution while supporting the creation of good jobs and lowering
energy costs for families together with implementation of relevant
climate provisions of the Inflation Reduction Act.
New Source Performance Standards and Emission Guidelines
for Crude Oil and Natural Gas Facilities: Climate Review.
On November 15, 2021, the EPA proposed new source performance
standards and emission guidelines for crude oil and natural gas
facilities that would secure major climate and health benefits for all
Americans by reducing emissions of methane and other harmful air
pollution from both new and existing sources in the oil and natural gas
industry. (86 FR 63110). This action was in response to the January 20,
2021, Executive Order titled `Protecting Public Health and the
Environment and Restoring Science to Tackle the Climate Crisis.' The
2021 action proposed to update and strengthen methane and VOC standards
on the books for new sources, add standards for currently unregulated
new sources, and establish the first nationwide Emission Guidelines for
states to regulate existing sources. On December 6, 2022, EPA issued a
supplemental proposal to update, strengthen and expand its November
2021 proposal (87 FR 74702). The supplemental proposal would achieve
more comprehensive emissions reductions from oil and natural gas
operations by improving standards in the 2021 proposal and adding
proposed requirements for sources not previously covered. Specific
proposed requirements include fugitive emissions monitoring and repair
at well sites, stronger requirements for flares, zero emissions
standards for pneumatic pumps, new standards for dry seal compressors,
and a program to allow approved third parties to identify super-
emitting events for prompt mitigation. The supplemental proposal also
promotes innovation in methane detection technology by allowing for the
use of advanced methane detection systems. The proposal included
details for implementing the Emissions Guidelines. EPA received more
than 515,000 public comments on the 2022 supplemental proposal, in
addition to 470,000 comments received on the 2021 proposal. EPA held
multi-day virtual public hearings on both proposals and has conducted
numerous trainings and webinars for communities, members of Tribal
Nations, tribal environmental professionals and small businesses. The
Agency expects to issue a final rule later this year.
NSPS for GHG Emissions from New, Modified, and
Reconstructed Fossil Fuel-Fired EGUs; Emission Guidelines for GHG
Emissions from Existing Fossil Fuel-Fired EGUs; and Repeal of the ACE
Rule.
Fossil fuel-fired electric generating units (EGUs) are the nation's
second largest source of greenhouse gas (GHG) pollution. In May 2023,
EPA proposed to set limits for new gas-fired combustion turbines,
existing coal, oil and gas-fired steam generating units, and certain
existing gas-fired combustion turbines. Consistent with EPA's
traditional approach to establishing pollution standards for power
plants under section 111 of the Clean Air Act, the proposed standards
are based on technologies such as carbon capture and sequestration/
storage (CCS), low-GHG hydrogen co-firing, and natural gas co-firing,
which can be applied directly to power plants that use fossil fuels to
generate electricity. As laid out in section 111 of the Clean Air Act,
the proposed new source performance standards (NSPS) and emission
guidelines reflect the application of the best system of emission
reduction (BSER) that, taking into account costs, energy requirements,
and other statutory factors, is adequately demonstrated for the purpose
of improving the emissions performance of the covered electric
generating units. The comment period for the proposed rule concluded on
August 8, 2023. EPA intends to issue a final rule in spring 2024.
Management of Certain Hydrofluorocarbons and Substitutes
under Subsection (h) of the American Innovation and Manufacturing Act
of 2020.
This proposed rulemaking would establish requirements for the
management of certain HFCs and their substitutes under subsection (h)
of the AIM Act. Specifically, this proposal considers provisions to
control, where appropriate, practices, processes, or activities
regarding the servicing, repair, disposal, or installation of
equipment, for the purposes of maximizing the reclamation and
minimizing the release
[[Page 9471]]
of certain HFCs from equipment and ensuring the safety of technicians
and consumers. Among other provisions, EPA is proposing emissions
reduction requirements for certain equipment containing HFCs and their
substitutes as well as requirements to increase the reclaiming of HFCs.
Application-Specific Review and Renewal Rule.
The AIM Act identifies six applications that are to receive ``the
full quantity of [HFC] allowances necessary, based on projected,
current, and historical trends,'' under the allowance allocation
program through the end of 2025. The six applications are a propellant
in metered dose inhalers, defense sprays, structural composite
preformed polyurethane foam for marine use and trailer use, the etching
of semiconductor material or wafers and the cleaning of chemical vapor
deposition chambers within the semiconductor manufacturing sector,
mission-critical military end uses, and onboard aerospace fire
suppression. EPA can renew this status for up to five years at a time
based on statutory criteria outlined in the AIM Act. This proposed rule
will review and consider whether to renew eligibility for each of the
six applications, consistent with this statutory process under AIM
subsection (e)(4)(B). Additionally, EPA intends to establish how it
will review eligibility if petitioned for inclusion of additional
applications and to consider revisions to existing regulatory
requirements.
Greenhouse Gas Emissions Standards for Heavy-Duty Engines
and Vehicles--Phase 3.
Transportation is the largest source of GHG emissions in
the United States and heavy-duty (HD) vehicles are the second-largest
contributor in the sector. GHG emissions have significant impacts on
public health and welfare as evidenced by the well-documented
scientific record and as set forth in EPA's Endangerment and Cause or
Contribute Findings under section 202(a) of the CAA. GHG reductions
would benefit all U.S. residents, including populations such as people
of color, low-income populations, indigenous peoples, and/or children
that may be especially vulnerable to various forms of damages
associated with climate change. On April 12, 2023, EPA announced a
proposal for more stringent standards to reduce greenhouse gas
emissions from HD vehicles beginning in model year (MY) 2027. The new
standards would be applicable to HD vocational vehicles (such as
delivery trucks, refuse haulers, public utility trucks, transit,
shuttle, school buses, etc.) and tractors (such as day cabs and sleeper
cabs on tractor-trailer trucks). Specifically, EPA proposed stronger
CO2 standards for MY 2027 HD vehicles that go beyond the current
standards that apply under the HD Phase 2 Greenhouse Gas program. EPA
also proposed an additional set of CO2 standards for HD vehicles that
would begin to apply in MY 2028, with progressively more stringent
standards each model year through 2032. This proposed ``Phase 3''
greenhouse gas program maintains the flexible structure created in
EPA's Phase 2 greenhouse gas program, which is designed to reflect the
diverse nature of the heavy-duty industry. EPA has conducted outreach
with a wide range of interested stakeholders to gather input which we
have considered in developing this proposal, and we will continue to
engage with the public and all interested stakeholders as part of our
regulatory development process.
Multi-Pollutant Emissions Standards for Model Years 2027
and Later Light-Duty and Medium-Duty Vehicles.
On April 12, 2023, EPA announced a proposal for new, more ambitious
multipollutant emissions standards to further reduce harmful air
pollutant emissions from light-duty passenger cars and light trucks and
Class 2b and 3 vehicles (``medium-duty vehicles'' or MDVs) under its
authority in section 202(a) of the Clean Air Act (CAA), 42 U.S.C.
7521(a), starting with model year 2027. The proposal builds upon EPA's
final standards for federal greenhouse gas emissions standards for
passenger cars and light trucks for model years 2023 through 2026 and
leverages advances in clean car technology which would result in
significant benefits to Americans ranging from reducing climate
pollution, to improving public health, to saving drivers money through
reduced fuel and maintenance costs. The proposed standards phased in
over model years 2027 through 2032. EPA conducted outreach with a wide
range of interested stakeholders to gather input which was considered
in developing the proposal and will continue to engage with the public
and all interested stakeholders as part of our regulatory development
process as we develop the final rule.
Ensure Clean and Healthy Air for All Communities
All people regardless of race, ethnicity, national origin,
or income deserve to breathe clean air. EPA has the responsibility to
protect the health of vulnerable and sensitive populations, such as
children, the elderly, and persons overburdened by pollution or
adversely affected by persistent poverty or inequality. Since enactment
of the CAA, EPA has made significant progress in reducing harmful air
pollution even as the U.S. population and economy have grown. Between
1970 and 2022, the combined emissions of six key pollutants dropped by
78%, while the U.S. economy remained strong as GDP grew 304% over that
time period. As required by the CAA, EPA will continue to build on this
progress and work to ensure clean air for all Americans, including
those in underserved and overburdened communities. Among other things,
EPA will take regulatory action to review and implement health-based
air quality standards for criteria pollutants such as particulate
matter (PM); limit emissions of harmful air pollution from both
stationary and mobile sources; address sources of hazardous air
pollution (HAP), such as ethylene oxide, that disproportionately affect
communities with environmental justice concerns; and protect downwind
communities from linked sources of air pollution that cross state
lines. Along with the full set of CAA actions listed in the regulatory
agenda, the following high priority actions will allow EPA to continue
its progress in reducing harmful air pollution.
National Ambient Air Quality Standards for Particulate
Matter Reconsideration (PM NAAQS Reconsideration).
Under the Clean Air Act Amendments of 1977, EPA is required to
review and if appropriate revise the air quality criteria for the
primary (health-based) and secondary (welfare-based) national ambient
air quality standards (NAAQS) every 5 years. On December 18, 2020, the
EPA published a final decision retaining the NAAQS for particulate
matter (PM), which was the subject of several petitions for
reconsideration as well as petitions for judicial review. As directed
in Executive Order 13990, ``Protecting Public Health and the
Environment and Restoring Science to Tackle the Climate Crisis,''
signed by President Biden on January 20, 2021, EPA is undertaking a
reconsideration of the December 2020 decision to retain the PM NAAQS
because the available scientific evidence and technical information
indicate that the current standards may not be adequate to protect
public health and welfare, as required by the Clean Air Act. As part of
this reconsideration, EPA developed a Supplement to the 2019 PM
Integrated Science Assessment (ISA) and a Policy Assessment to take
into account the most up-to-date science on public health impacts of PM
and engaged with the chartered Clean Air Scientific
[[Page 9472]]
Advisory Committee (CASAC) and a newly constituted expert CASAC PM
panel. The notice of proposed rulemaking was signed on January 5, 2023.
The EPA proposed to revise the primary annual PM2.5 standard
from its current level of 12.0 [micro]g/m\3\ to within the range of 9.0
to 10.0 [micro]g/m\3\, while proposing to retain the primary 24-hour
PM2.5 standard, the primary 24-hour PM10
standard, and the secondary PM standards. The EPA also proposed
revisions to the Air Quality Index (AQI) and to the PM2.5
monitoring network. The EPA held a public hearing in February 2023,
where more than 300 individuals provided oral testimony. The EPA also
received more than 700,000 written public comments from individuals,
environmental and public health organizations, industries, federal,
state, and local representatives, and tribes and tribal groups. The EPA
has also provided other opportunities for public engagement throughout
the reconsideration, including public meetings of the CASAC, and tribal
consultation offers and informational meetings. EPA intends to issue a
final rule in fall 2023.
Review of the Secondary National Ambient Air Quality
Standards for Ecological Effects of Oxides of Nitrogen, Oxides of
Sulfur and Particulate Matter (Ecological Effects of NOX, SOX and PM
Secondary NAAQS Review).
Under the Clean Air Act, the EPA is required to review and, if
appropriate, revise the air quality criteria and national ambient air
quality standards (NAAQS) every 5 years. On April 3, 2012, the EPA
published a final rule in which the Agency determined to retain the
current secondary standards (welfare-based) for nitrogen oxides
(NOX) and for sulfur oxides (SOX). On January 15,
2013, the EPA published a final rule in which the Agency retained the
secondary standards for particulate matter. The current review of the
air quality criteria and secondary standards for ecological effects of
SOX, NOX and particulate matter includes the
preparation of an Integrated Science Assessment and a Policy Assessment
by the EPA, with opportunities for review by the EPA's Clean Air
Scientific Advisory Committee (CASAC) and the public. These documents
will inform the Administrator's proposed decision as to whether to
retain or revise the standards. The proposed decision would be
published in the Federal Register with opportunity provided for public
comment. The Administrator's final decisions would take into
consideration these documents, CASAC advice, and public comment on the
proposed decision. Opportunities for public engagement and sharing of
information concerning this NAAQS review will include public hearings,
tribal consultation, informational meetings, and through the CASAC
public meetings.
NESHAP: Coal-and Oil-Fired Electric Utility Steam
Generating Units-Review of the Residual Risk and Technology Review.
On February 16, 2012, EPA promulgated National Emission
Standards for Hazardous Air Pollutants for Coal- and Oil-fired Electric
Utility Steam Generating Units (77 FR 9304). The rule (40 CFR part 63,
subpart UUUUU), commonly referred to as the Mercury and Air Toxics
Standards (MATS), includes standards to control hazardous air pollutant
(HAP) emissions from new and existing coal- and oil-fired electric
utility steam generating units (EGUs) located at both major and area
sources of HAP emissions. There have been several regulatory actions
regarding MATS since February 2012, including a May 22, 2020, action
that withdrew EPA's threshold finding that it is appropriate and
necessary to regulate hazardous air pollution from power plants under
section 112 of the CAA, and finalized the residual risk and technology
review (RTR) conducted for the Coal- and Oil-Fired EGU source category
regulated under MATS (85 FR 31286). As directed by Executive Order
13990, EPA has reviewed the May 2020 final action. After this review,
based on the best available science, EPA issued a final action on
February 15, 2023, that reinstated the Agency's appropriate and
necessary finding for MATS. Following a review of the RTR portion of
the May 2020 final action, EPA also proposed to update and strengthen
the MATS on April 24, 2023 (88 FR 24854). (88 FR 13956). The proposal
reflects feedback EPA received from representatives from local and
state governments, industry groups, and environmental organizations.
Additional public input will inform EPA as the final regulation is
developed. For example, the Agency held a virtual public hearing on May
9, 2023, where 93 speakers provided oral testimony. EPA also
participated in a National Tribal Air Association/EPA Air Policy Update
Call on May 25, 2023, to inform attendees about the rule and how to
submit comments to the docket. Written comments were accepted during
the 60-day comment period until June 23, 2023. EPA intends to issue a
final rule addressing the RTR in 2024.
National Emission Standards for Hazardous Air Pollutants:
Ethylene Oxide Commercial Sterilization and Fumigation Operations.
In this action, EPA is conducting the second residual risk and
technology review for the National Emission Standards for Hazardous Air
Pollutants for ethylene oxide commercial sterilizers and considering
potential updates to the rule. The proposed rule was published in April
2023 (88 FR 22790). If finalized as proposed, the rule would reduce
ethylene oxide emissions by 80% and would reduce lifetime cancer risk
in all impacted communities to acceptable levels, many of which have
environmental justice concerns. Prior to proposal, EPA issued an
advance notice of proposed rulemaking that solicited comment from
stakeholders, undertook a Small Business Advocacy Review panel, which
is needed when there is the potential for significant economic impacts
to small businesses from any regulatory actions being considered, and
conducted outreach meetings within the communities affected by the
highest-risk facilities as well as engagement with state and local
governments. The comment period for this proposal concluded on June 27,
2023, and EPA intends to issue a final rule by March 2024.
Review of Final Rule Reclassification of Major Sources as
Area Sources Under Section 112 of the Clean Air Act.
In 2019, EPA issued a proposed rule that would allow major sources
of hazardous air pollutants (HAP) subject to National Emissions
Standards for Hazardous Air Pollutants (NESHAP) to reclassify to area
source status by taking limits on their potential to emit such that
they are no longer subject to major source NESHAP. The final rule,
Reclassification of Major Sources as Area Sources Under section 112 of
the Clean Air Act (Major MACT to Area- MM2A final rule), was
promulgated on November 19, 2020. (See 85 FR 73854) The MM2A final rule
became effective on January 19, 2021. As directed by Executive Order
13990, ``Protecting Public Health and the Environment and Restoring
Science to Tackle the Climate Crisis,'' EPA has reviewed the MM2A
action and published for comment a notice of proposed rulemaking to
determine whether changes are necessary for sources seeking to
reclassify from major source status to area source status. This
proposal reflects engagement with state and local agencies,
representatives of communities, and other stakeholders.
Revisions to the Air Emission Reporting Requirements
(AERR).
On August 8, 2023 (88 FR 54118), the EPA proposed revisions to the
Air Emissions Reporting Requirements in 40
[[Page 9473]]
CFR part 51, subpart A. The existing AERR rule was last revised on
February 19, 2015 (80 FR 8787). EPA is proposing new requirements to
improve the quality and completeness of HAP emissions data from
stationary sources and all pollutant emissions from prescribed fires.
Specifically, the EPA is proposing to require certain sources report
information regarding emission of hazardous air pollutants (HAP);
certain sources to report criteria air pollutants, their precursors and
HAP; and to require State, local, and certain tribal air agencies to
report prescribed fire data. Further, EPA is considering how best to
quantify emissions from intermittent sources such as backup generators;
how to obtain data from permitted facilities in Indian Country when a
Tribe is not required to report emissions data; and how to address
known data gaps, streamline processes, and improve data quality,
documentation, and transparency for nonpoint and mobile sources. The
proposed revisions also include changes for reporting data on airports,
rail yards, commercial marine vessels, locomotives, and nonpoint
sources. This proposed action would allow for EPA to annually collect
(starting in 2027), hazardous air pollutant (HAP) emissions data for
point sources in addition to continuing the criteria air pollutant and
precursor (CAP) collection in place under the existing AERR. The
proposed amendments would ensure that EPA has sufficient information to
identify and solve air quality and exposure problems and ensure that
communities have the data needed to understand significant
environmental risks that may be impacting them.
NSPS for the Synthetic Organic Chemical Manufacturing
Industry and NESHAP for the Synthetic Organic Chemical Manufacturing
Industry and Group I & II Polymers and Resins Industry.
This action will address the agency's technology review under Clean
Air Act (CAA) section 112(d)(6) of the National Emission Standards for
Hazardous Air Pollutants (NESHAP) for four subparts in 40 CFR part 63
(subparts F, G, H, and I) which are commonly referred to together as
the Hazardous Organic NESHAP (HON) and that apply to the Synthetic
Organic Chemical Manufacturing Industry (SOCMI) and to equipment leaks
from certain non-SOCMI processes. This action will also address the
agency's technology review of the NESHAP for two subparts in 40 CFR
part 63 (subparts U and W) that apply to the Group I and Group II
Polymers and Resins industries. The HON standards were most recently
updated when the agency conducted a residual risk and technology review
(RTR) on December 21, 2006. Similarly, the Group I and II Polymers and
Resins NESHAP were most recently updated when the agency conducted its
RTR on December 16, 2008, and April 21, 2011. The HON and Group I and
II Polymers and Resins NESHAP contain maximum achievable control
technology (MACT) standards for controlling emissions of hazardous air
pollutants (HAP) from process vents, storage vessels, transfer
operations, heat exchange systems, wastewater streams, and equipment
leaks. The HAP emitted from these emission sources include, but are not
limited to, ethylene oxide, benzene, 1,3-butadiene, vinyl chloride,
ethylene dichloride, methanol, hexane, toluene, xylenes, and
chloroprene.
The agency also plans to consider risks from the SOCMI source
category and from the Neoprene Production source category in the Group
I Polymers and Resins NESHAP during its technology review and to ensure
the standards continue to provide an ample margin of safety to protect
public health. Lastly, this action will also address the agency's
review, under CAA section 111(b)(1)(B), of four New Source Performance
Standards (NSPS) in 40 CFR part 60 (subparts III, NNN, RRR, and VVa)
for emissions of Volatile Organic Compound (VOC) from SOCMI air
oxidation unit processes, SOCMI distillation operations, SOCMI reactor
processes, and equipment leaks located at SOCMI sources. These subparts
were originally promulgated pursuant to section 111(b) of the CAA on
June 29,1990 (subparts III and NNN), August 31, 1993 (subpart RRR), and
November 16, 2007 (subpart VVa). On April 25, 2023, the EPA published a
proposed rulemaking in the Federal Register (see 88 FR 25080) for this
action. In addition, the EPA has conducted public outreach activities,
including hosting an informational webinar on April 13, 2023, and
holding a public hearing on the proposed rulemaking on May 16, 2023.
EPA intends to publish the final action by March 2024.
Ensure Clean and Healthy Water for All Communities
The Nation's water resources are the lifeblood of our communities,
supporting our health, economy, and way of life. Clean and safe water
is a vital resource that is essential to the protection of human
health. EPA is committed to ensuring clean and safe water for all,
including low-income communities and communities of color, children,
the elderly, tribes, and indigenous people. Since the enactment of the
Clean Water Act (CWA) and the Safe Drinking Water Act (SDWA), EPA and
its state and tribal partners have made significant progress toward
improving the quality of our waters and ensuring a safe drinking water
supply. Along with the full set of water actions listed in the
regulatory agenda, the regulatory initiatives listed below will help
ensure that this important progress continues.
Effluent Limitations Guidelines and Standards for the
Steam Electric Power Generating Point Source Category.
On March 29, 2023, EPA published a proposed rule to
potentially strengthen the Steam Electric Effluent Limitations
Guidelines and Standards (ELGs) (40 CFR 423). EPA previously revised
the Steam Electric ELGs in 2015 and 2020. The proposed rule would
establish more stringent ELGs for two wastestreams addressed in the
2020 ``Steam Electric Reconsideration Rule'' (flue gas desulfurization
wastewater and bottom ash transport water). In addition, the proposal
would establish more stringent effluent limitations and standards for
an additional wastestream (combustion residual leachate) and takes
comment on potential revisions to limitations and standards for a
fourth wastestream (legacy wastewater). The first two wastestreams
mentioned above are the subject of current litigation pending in the
U.S. Court of Appeals for the Fourth Circuit. Appalachian Voices, et
al. v. EPA, No. 20-2187 (4th Cir.). The 2015 limitations for combustion
residual leachate and legacy wastewater discharged by existing sources
were vacated by the U.S. Court of Appeals for the Fifth Circuit in
Southwestern Electric Power Co., et al. v. EPA, 920 F.3d 999 (5th Cir.
2019). EPA has conducted outreach with Tribal governments, state
governments and governmental organizations, and potential communities
with environmental justice concerns on this rulemaking.
Per- and polyfluoroalkyl substances (PFAS):
Perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)
National Primary Drinking Water Regulation Rulemaking.
On March 3, 2021, EPA published the Fourth Regulatory
Determinations (86 FR 12272), including a determination to regulate
perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)
in drinking water. EPA is finalizing a National Primary Drinking Water
Regulation (NPDWR) for PFOA, PFOS, and other PFAS as part of this
action. EPA proposed the NPDWR for public comment in March 2023. The
Agency anticipates issuing a final regulation in
[[Page 9474]]
late 2023 after considering public comments on the proposal.
National Primary Drinking Water Regulations for Lead and
Copper: Regulatory Revisions.
EPA promulgated the final Lead and Copper Rule Revision (LCRR) on
January 15, 2021, (86 FR 4198) and subsequently reviewed those
revisions to further evaluate whether the LCRR fully protected families
and communities (86 FR 71574; December 17, 2021) particularly those
that have been disproportionately impacted by lead in drinking water.
Through this review, the Agency concluded that there are significant
opportunities to improve the LCRR. EPA is developing a new proposed
NPDWR, the Lead and Copper Rule Improvements (LCRI), to strengthen the
regulatory framework and address lead in drinking water. EPA expects to
issue the proposed LCRI in Fall 2023. The Agency anticipates issuing a
final regulation prior to October 16, 2024, after considering public
comments on the proposal.
Federal Baseline Water Quality Standards for Indian
Reservations.
On April 27, 2023, the EPA Administrator signed a proposed rule to
establish federal baseline water quality standards (WQS) for waters on
Indian reservations that do not have WQS under the CWA. This proposed
rule would help advance President Biden's commitment to strengthening
the nation-to-nation relationships with Indian country. Fifty years
after enactment of the CWA, over 80% of Indian reservations do not have
this foundational protection expected by Congress as laid out in the
CWA for their waters. Addressing this lack of CWA-effective WQS for the
waters of more than 250 Indian reservations is a priority for EPA,
given that WQS are central to implementing the water quality framework
of the CWA. Promulgating baseline WQS would provide more scientific
rigor and regulatory certainty to National Pollutant Discharge
Elimination System (NPDES) permits for discharges to these waters.
Consistent with EPA's regulations, the baseline WQS include designated
uses, water quality criteria to protect those uses, and antidegradation
policies to protect high quality waters. EPA consulted with tribes in
the summer of 2021 during the pre-proposal phase and in the summer of
2023, concurrent with the public comment period associated with the
proposal.
Water Quality Standards Regulatory Revisions to Protect
Tribal Reserved Rights.
Many tribes hold reserved rights to resources on lands and
waters where states establish WQS, through treaties, statutes, or other
sources of federal law. The U.S. Constitution defines treaties as the
supreme law of the land. On November 28, 2022, the EPA Administrator
signed a proposed rule that would, if finalized, revise the federal WQS
regulation to ensure that WQS do not impair tribal reserved rights by
giving clear direction on how to develop WQS where tribes hold reserved
rights. This proposed rule would help EPA ensure protection of
resources reserved to tribes in treaties, statutes, or other sources of
federal law when establishing, revising, and reviewing WQS. The
development of this rule helps advance President Biden's commitment to
strengthening the nation-to-nation relationships with tribes. EPA
consulted with tribes in the summer of 2021 during the pre-proposal
phase and in the winter of 2023, concurrent with the public comment
period for the proposed rule. EPA is working to expeditiously finalize
the proposed rule, taking into account public comments.
Safeguard and Revitalize Communities
EPA works to improve the health and livelihood of all Americans by
cleaning up and returning land to productive use, preventing
contamination, and responding to emergencies. EPA collaborates with
other federal agencies, industry, states, tribes, and local communities
to enhance the livability and economic vitality 15 of neighborhoods.
Challenging and complex environmental problems persist at many
contaminated properties, including contaminated soil, sediment, surface
water, and groundwater that can cause human health concerns. EPA acts
under several different statutory authorities, including the Resource
Conservation and Recovery Act (RCRA), and the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA). EPA's
regulatory program works to incorporate new technologies and approaches
to cleaning up land to provide for an environmentally sustainable
future more efficiently and effectively, as well as to strengthen
climate resilience and to integrate environmental justice and equitable
development when returning sites to productive use. Along with the
other land and emergency management actions in the regulatory agenda,
EPA will take the following priority actions to address the
contamination of soil, sediment, surface water, and groundwater.
PFAS: RCRA Listing and CERCLA Designation.
Based on public health and environmental protection concerns and in
response to several petitions which requested EPA to take regulatory
action on PFAS under RCRA, EPA is evaluating the existing toxicity and
health effects data on four PFAS constituents to determine if they
should be listed as RCRA Hazardous Constituents. If the existing data
for the four PFAS constituents support listing any or all of these
constituents as RCRA hazardous constituents, EPA will propose to list
the constituents in a Federal Register notice for public comment. The
four PFAS chemicals EPA will evaluate are: perfluorooctanoic acid
(PFOA), perfluorooctane sulfonic acid (PFOS), perfluorobutane sulfonic
acid (PFBS), hexafluoropropylene oxide dimer acid (HFPO-DA or GenX).
EPA has communicated with interested stakeholders about this action and
will do conduct additional outreach with the public, organizations,
states, tribal groups, and affected parties following publication of a
proposed rule.
Under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (``CERCLA'' or ``Superfund''), the
Environmental Protection Agency (EPA or the Agency) is moving to
finalize the designation of perfluorooctanoic acid (PFOA) and perfluoro
octane sulfonic acid (PFOS), including their salts and structural
isomers, as hazardous substances. CERCLA authorizes the Administrator
to promulgate regulations designating as hazardous substances such
elements, compounds, mixtures, solutions, and substances which, when
released into the environment, may present substantial danger to the
public health or welfare or the environment. Such a designation would
ultimately facilitate cleanup of contaminated sites and reduce human
exposure to these ``forever'' chemicals.
Hazardous and Solid Waste Management System: Addressing
Coal Combustion Residues from Electric Utilities.
On April 17, 2015, the Environmental Protection Agency (EPA or the
Agency) promulgated national minimum criteria for existing and new coal
combustion residuals (CCR) landfills and existing and new CCR surface
impoundments. On August 21, 2018, the D.C. Circuit Court of Appeals
issued its opinion in the case of Utility Solid Waste Activities Group,
et al. v. EPA, which vacated and remanded the provision that exempted
inactive impoundments at inactive facilities from the CCR rule. In May
2023, EPA proposed regulations to implement this part of the court
[[Page 9475]]
decision for inactive CCR surface impoundments at inactive utilities,
or ``legacy CCR surface impoundments''. This proposal included adding a
new definition for legacy CCR surface impoundments. EPA also proposed
to require such legacy CCR surface impoundments to follow existing
regulatory requirements for fugitive dust, groundwater monitoring, and
closure, or other technical requirements. Finally, EPA proposed
requirements for CCR management units including a facility evaluation
and to follow existing regulatory requirements for groundwater
monitoring, corrective action, and closure for all CCR contamination
(regardless of how or when that CCR was placed) at a regulated
facility. After reviewing the public comments on the proposed rule, EPA
will take final action.
Accidental Release Prevention Requirements: Risk
Management Programs Under Clean Air Act, as amended; Safer Communities
by Chemical Accident Prevention.
On August 31, 2022, the Environmental Protection Agency
(EPA) published proposed amendments to its Risk Management Program
(RMP) regulations as a result of Agency review. The proposed revisions
included several changes and amplifications to the accident prevention
program requirements, enhancements to the emergency preparedness
requirements, increased public availability of chemical hazard
information, and several other changes to certain regulatory
definitions or points of clarification. Such amendments seek to improve
chemical process safety; assist in planning, preparedness, and
responding to RMP-reportable accidents; and improve public awareness of
chemical hazards at regulated sources. EPA aims to release the final
rule by the end of 2023.
Revisions to Standards for the Open Burning/Open
Detonation of Waste Explosives.
This rulemaking proposes to revise regulations will
consider revisions to the regulations that allow for the open burning
and detonation (OB/OD) of waste explosives. This allowance or
``variance'' to the prohibition on the open burning of hazardous waste
was established at a time when there were no alternatives to the safe
treatment of waste explosives. However, recent findings from the
National Academies of Sciences, Engineering, and Medicine and the EPA
have determined identified that safe alternatives that are potentially
applicable to many energetic/explosive waste streams. Because there are
potentially safe alternatives in use today that capture and treat
emissions prior to release, the EPA is considering revising regulations
to promote the broader use of these alternatives, where applicable. As
part of the rule development process, EPA has held two rounds of
engagement with states, territories, tribes, environmental and
community groups, and owners/operators of OB/OD units.
Definition of Hazardous Waste Applicable to Corrective
Action for Solid Waste Management Units EPA is considering a proposed
rule that would modify the regulations at 40 CFR part 264 to clarify
that the definition of hazardous waste found in RCRA section 1004(5) is
applicable to corrective action for releases from solid waste
management units. The proposed rule would codify in regulation EPA's
interpretation of its authority under RCRA section 3004(u) and (v).
Hazardous Substance Response Worst Case Discharge
Planning.
The Clean Water Act (CWA) provides that regulations shall be issued
``which require an owner or operator of a tank vessel or facility . . .
to prepare and submit . . . a plan for responding, to the maximum
extent practicable, to a worst case discharge, and to a substantial
threat of such a discharge, of . . . a hazardous substance.'' EPA was
sued for failure to fulfill this mandatory duty imposed by Congress.
This regulatory action is being conducted under the terms of a consent
decree entered into on March 12, 2020, which requires that a proposed
action is signed within 24 months of the final agreement and that a
final action follow within 30 months of the publication of the proposed
rule. Subsequently, the Environmental Protection Agency proposed a
regulatory action to require planning for worst case discharges of CWA
hazardous substances under section 311(j)(5)(A). EPA plans to
promulgate a final rule by Spring 2024 meet the terms of the Consent
Decree.
Ensure Safety of Chemicals for People and the Environment
EPA is responsible for ensuring the safety of chemicals and
pesticides for all people at all life stages. Chemicals and pesticides
released into the environment as a result their manufacture,
processing, distribution, use, or disposal can threaten human health
and the environment. EPA gathers and assesses information about the
risks associated with chemicals and pesticides and acts to minimize
risks and prevent unreasonable risks to individuals, families, and the
environment. EPA acts under several different statutory authorities,
including the Federal Insecticide, Fungicide and Rodenticide Act
(FIFRA), the Federal Food, Drug and Cosmetic Act (FFDCA), the Toxic
Substances Control Act (TSCA), the Emergency Planning and Community
Right-to-Know-Act (EPCRA), and the Pollution Prevention Act (PPA).
Using best available science, the Agency will continue to satisfy its
overall directives under these authorities and highlights the following
rulemakings intended for release in FY2024:
Collecting Data to Better Understand the Environmental and
Human Health Impacts of Per- and Polyfluoroalkyl Substances (PFAS).
Building on EPA's completion of actions identified in the PFAS
Strategic Roadmap that the EPA Administrator announced on October 18,
2021, the Agency is considering whether to add PFAS chemicals to the
list of chemicals required to report to the Toxics Release Inventory
(TRI) Program under EPCRA section 313 in furtherance of section 7321(d)
of the National Defense Authorization Act for Fiscal Year 2020 (NDAA),
which directs EPA to add any PFAS that EPA determines meet the listing
criteria by December 2023.
Improving Procedures for Assessing the Risks of New and
Existing Chemical Substances under TSCA.
As amended in 2016, TSCA requires EPA to assess the risks of each
new chemical substance for which a notice was received under TSCA
section 5(a)(1) of the law and make an affirmative determination on
whether such a new chemical substance presents an unreasonable risk to
human health or the environment under known, intended or reasonably
foreseen conditions of use before the submitter may commence
manufacturing or processing of the chemical substance that is the
subject of the submitted notice, and to take action as required in
association with the determination. On May 26, 2023, EPA proposed to
amend the new chemicals procedural regulations in 40 CFR parts 720,
721, 723, and 725 for the purpose of aligning EPA's processes and
procedures with the 2016 TSCA amendments and to clarify and improve the
efficiency of the Agency's review process (RIN 2070-AK65). One of the
major objectives of the rulemaking is to reduce the need to redo all or
part of the risk assessment for a new chemical by increasing the
quality of information initially submitted in new chemicals notices,
ensuring that the Agency's processes result in the timely, effective
completion of new chemical risk assessments. Another key objective of
the rulemaking is to improve the review process for low volume
exemptions (LVEs) and low release and exposure exemptions (LoREXs),
which include
[[Page 9476]]
requiring EPA approval of an exemption notice prior to commencement of
manufacture, making per- and polyfluoroalkyl substances (PFAS)
categorically ineligible for these exemptions, and providing that
persistent, bioaccumulative, toxic (PBT) chemical substances are also
ineligible for these exemptions, consistent with EPA's 1999 PBT policy.
EPA expects to promulgate final revisions to the new chemicals
procedural regulations in November 2024.
In addition, the 2016 TSCA amendments require EPA to evaluate the
safety of existing chemicals via a three-stage process: prioritization,
risk evaluation, and risk management. EPA first prioritizes chemicals
as either high- or low-priority for risk evaluation. EPA then evaluates
high-priority chemicals for unreasonable risk. As a result of
litigation challenging the 2017 final rule that established EPA's
procedural framework for conducting existing chemical risk evaluations
under TSCA, and in consideration of Executive Order 13990, the Agency
proposed to amend that framework in order to better align the Agency's
processes with the statutory text and structure and Congress' intent in
the 2016 amendments to TSCA (RIN 2070-AK90). Key provisions of the
proposed rule include clarifications regarding the required scope of
risk evaluations, considerations related to peer review, the process
for revisiting a completed risk evaluation, requirements for
manufacturer-requested risk evaluations and related information-
gathering provisions, provisions addressing violations and penalties,
and other aspects based on lessons learned in the process of carrying
out the first 10 TSCA risk evaluations. EPA expects to promulgate final
revisions in April 2024.
Addressing the Unreasonable Risk of Existing Chemical
Substances under TSCA.
Upon determining that an existing chemical presents an
unreasonable risk of injury to health or the environment, the Agency
must immediately initiate an action to apply, by rule, requirements
under TSCA to eliminate the unreasonable risk. EPA may consider a range
of risk management options under TSCA in such a rule, including
labeling, recordkeeping or notice requirements, actions to reduce human
exposure or environmental release, or a ban of the chemical or of
certain uses. After determining that the chemical substances present
unreasonable risk under their conditions of use, the Agency intends to
propose risk management regulations for addressing the unreasonable
risks of 1-bromopropane (RIN 2070-AK73) and n- methylpyrrolidone (RIN
2070-AK85) and promulgate final rules addressing the unreasonable risks
of chrysotile asbestos (RIN 2070-AK86), methylene chloride (RIN 2070-
AK70), and trichloroethylene (RIN 2070-AK83) by Spring 2024, and to
issue final risk management regulations addressing the unreasonable
risks of carbon tetrachloride (RIN 2070-AK82) and perchloroethylene
(RIN 2070-AK84) in Summer 2024. The Agency has undertaken extensive
outreach and consultation efforts throughout the development of these
actions. In addition to stakeholder outreach conducted throughout the
risk evaluation and risk management rulemaking processes for these
chemical substances, EPA also consulted with State, local, and Tribal
government officials, and held public environmental justice
consultations to further opportunities for underserved and overburdened
communities to share information and input with the Agency prior to
proposal. When applicable, EPA also convened Small Business Advocacy
Review Panels and consulted with small entity representatives as
required under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.)
to provide advice and recommendations to ensure that EPA carefully
considers small entity concerns. Further, the Agency has hosted public
webinars to brief stakeholders on proposed risk management regulations
that have published in the Federal Register and to receive additional
public input in addition to written public comments submitted to the
rulemaking dockets. EPA's chemical risk management efforts reflect the
feedback we have received from the various stakeholders and government
officials, and the Agency will continue these practices of sharing
information and seeking input. For more information about the Agency's
public involvement efforts, please visit https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-existing-chemicals-under-tsca#meetings and https://www.epa.gov/reg-flex/small-business-advocacy-review-sbar-panels.
Reevaluating Changes to the Dust-Lead Hazard Standards and
Dust-Lead Post-Abatement Clearance Levels under TSCA.
The Agency's dust-lead hazard standards (DLHS) provide the basis
for risk assessors to determine whether dust-lead hazards are present,
and apply to target housing (i.e., most pre-1978 housing) and child-
occupied facilities (pre-1978 non-residential properties where children
6 years of age or under spend a significant amount of time such as
daycare centers and kindergartens). EPA's dust-lead clearance levels
(DLCL) indicate the amount of lead in dust on a surface following the
completion of an abatement activity. On July 9, 2019, EPA promulgated a
final rule to lower the DLHS, and on January 6, 2021, EPA promulgated a
final rule to lower the DLCL. On May 14, 2021, the United States Court
of Appeals for the Ninth Circuit issued an opinion to remand without
vacatur the 2019 DLHS final rule and directed EPA to reconsider the
2019 DLHS rule in conjunction with a reconsideration of the DLCL.
Notably, the Court instructed EPA to consider only health factors when
setting the DLHS while affirming that the Agency is able to consider
reliability, effectiveness, and safety, including non-health factors
such as laboratory capabilities/capacity and achievability, when
setting the DLCL. As part of EPA's efforts to reduce childhood lead
exposure, and in accordance with the U.S. Court of Appeals for the
Ninth Circuit 2021 opinion, EPA proposed on August 1, 2023, to lower
the DLHS from 10 micrograms per square foot ([micro]g/ft\2\) and 100
[micro]g/ft\2\ for floors and window sills to any reportable level as
analyzed by a laboratory recognized by EPA's National Lead Laboratory
Accreditation Program. EPA also proposed to change the DLCL from 10
[micro]g/ft\2\, 100 [micro]g/ft\2\ and 400 [micro]g/ft\2\ for floors,
windowsills, and window troughs to 3 [micro]g/ft\2\, 20 [micro]g/ft\2\,
and 25 [micro]g/ft\2\, respectively. The Agency consulted with State,
local and Tribal government officials during the rulemaking. EPA
expects to promulgate final revisions to the DLHS and DLCL (RIN 2070-
AK91) in October 2024 and will continue its efforts to engage its
partners to ensure the successful implementation of the amended hazard
standards and clearance levels.
Rules Expected To Affect Small Entities
By better coordinating small business activities, EPA aims to
improve its technical assistance and outreach efforts, minimize burdens
to small businesses in its regulations, and simplify small businesses'
participation in its voluntary programs. Actions that may affect small
entities can be tracked on EPA's Regulatory Flexibility website
(https://www.epa.gov/reg-flex) at any time.
[[Page 9477]]
EPA--OFFICE OF AIR AND RADIATION (OAR)
Proposed Rule Stage
190. Review of the Secondary National Ambient Air Quality Standards for
Ecological Effects of Oxides of Nitrogen, Oxides of Sulfur and
Particulate Matter [2060-AS35]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act
CFR Citation: 40 CFR 50.
Legal Deadline: None.
Abstract: Under the Clean Air Act, the EPA is required to review
and, if appropriate, revise the air quality criteria and national
ambient air quality standards (NAAQS) every 5 years. On April 3, 2012,
the EPA published a final rule in which the Agency determined to retain
the current secondary standards (welfare-based) for nitrogen oxides
(NOX) and for sulfur oxides (SOX). On January 15,
2013, the EPA published a final rule in which the Agency retained the
secondary standards for particulate matter. The current review of the
air quality criteria and secondary standards for ecological effects of
SOX, NOX and particulate matter includes the
preparation of an Integrated Science Assessment and a Policy Assessment
by the EPA, with opportunities for review by the EPA's Clean Air
Scientific Advisory Committee (CASAC) and the public. These documents
will inform the Administrator's proposed decision as to whether to
retain or revise the standards. The proposed decision would be
published in the Federal Register with opportunity provided for public
comment. The Administrator's final decisions would take into
consideration these documents, CASAC advice, and public comment on the
proposed decision. Opportunities for public engagement and sharing of
information concerning this NAAQS review will include public hearings,
tribal consultation, informational meetings, and through the CASAC
public meetings.
Statement of Need: Under the Clean Air Act Amendments of 1977, EPA
is required to review and if appropriate revise the air quality
criteria and national ambient air quality standards (NAAQS) every 5
years. On April 3, 2012, EPA published a final rule retaining the
Secondary NAAQS for NO2 and SO2, without
revision. On August 29, 2013, EPA announced that it is reviewing the
April 2012 decision on the secondary air quality standards for
NO2 and SO2. On December 3, 2014, EPA announced
it is reviewing the secondary air quality standards for particulate
matter.
Summary of Legal Basis: Under the Clean Air Act Amendments of 1977,
EPA is required to review and if appropriate revise the air quality
criteria and the primary (health-based) and secondary (welfare-based)
national ambient air quality standards (NAAQS) every 5 years.
Alternatives: The main alternatives for the Administrator's
decision on the review of the secondary national ambient air quality
standards for NOX, SOX and PM include retaining
or revising the existing standards.
Anticipated Cost and Benefits: When the Agency proposes revisions
to the standards, the Agency prepares a Regulatory Impact Analysis
(RIA) to provide the public with illustrative estimates of the
potential costs and health and welfare benefits of attaining the
revised standards. However, the Clean Air Act makes clear that the
economic and technical feasibility of attaining standards are not to be
considered in setting or revising the NAAQS, although such factors may
be considered in the development of state plans to implement the
standards.
Risks: The review builds on the review of the NOX and
SOX NAAQS, completed in 2012, and includes preparation by
EPA of an Integrated Review Plan, an Integrated Science Assessment, and
a Policy Assessment, which includes a risk/exposure assessment, with
opportunities for review by the EPA's Clean Air Scientific Advisory
Committee (CASAC) and the public. The final versions of these documents
will inform the Administrator's proposed decisions on whether to revise
or retain the Secondary NOX SOX and PM NAAQS. The
Administrator's final decisions on whether to revise or retain the
Secondary NOX SOX and PM NAAQS will take into
consideration the scientific evidence and quantitative analyses
presented in these documents, CASAC advice, and public comment on the
proposed decision.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice.............................. 08/22/18 83 FR 42497
Notice.............................. 05/31/23 88 FR 34852
NPRM................................ 04/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: Undetermined.
Additional Information:
Agency Contact: Ginger Tennant, Environmental Protection Agency,
Office of Air and Radiation 109 T.W. Alexander Drive, Mail Code C504-
06, Research Triangle Park, NC 27711, Phone: 919 541-4072, Fax: 919
541-0237, Email: [email protected].
Karen Wesson, Environmental Protection Agency, Office of Air and
Radiation, 109 T.W. Alexander Drive, Mail Code C504-06, Research
Triangle Park, NC 27711, Phone: 919 541-3515, Email:
[email protected].
RIN: 2060-AS35
EPA-OAR
191. NSPS for GHG Emissions From New, Modified, and Reconstructed
Fossil Fuel--Fired EGUS; Emission Guidelines for GHG Emissions From
Existing Fossil Fuel--Fired EGUS; and Repeal of the ACE RULE [2060-
AV09]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 7411 Clean Air Act; 42 U.S.C. 7414 and
7601
CFR Citation: 40 CFR 60, subpart TTTT; 40 CFR 60 subpart UUUUa.
Legal Deadline: None.
Abstract: Fossil fuel-fired electric generating units (EGUs) are
the nation's second largest source of greenhouse gas (GHG) pollution.
In May 2023, EPA proposed to set limits for new gas-fired combustion
turbines, existing coal, oil and gas-fired steam generating units, and
certain existing gas-fired combustion turbines. Consistent with EPA's
traditional approach to establishing pollution standards for power
plants under section 111 of the Clean Air Act, the proposed standards
are based on technologies such as carbon capture and sequestration/
storage (CCS), low-GHG hydrogen co-firing, and natural gas co-firing,
which can be applied directly to power plants that use fossil fuels to
generate electricity. As laid out in section 111 of the Clean Air Act,
the proposed new source performance standards (NSPS) and emission
guidelines reflect the application of the best system of emission
reduction (BSER) that, taking into account costs, energy requirements,
and other statutory factors, is adequately demonstrated for the purpose
of improving the emissions performance of the covered electric
generating units.
EPA anticipates promulgating final rules by spring 2024.
Statement of Need: New EGUs are a significant source of GHG
emissions. This action will evaluate options to reduce those emissions.
Summary of Legal Basis: Clean Air Act section 111(b) provides the
legal
[[Page 9478]]
framework for establishing greenhouse gas emission standards for new
electric generating units.
Alternatives: EPA evaluated several options for reducing GHG
emissions from new EGUs including carbon capture and sequestration/
storage (CCS), low-GHG hydrogen co-firing, natural gas co-firing,
efficient generation, and use of clean fuels.
Anticipated Cost and Benefits: Undetermined.
Risks: Undetermined.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/23/23 88 FR 33240
NPRM Comment Period End............. 07/24/23 .......................
Supplemental NPRM................... 11/20/23 88 FR 80682
Supplemental Comment Period End..... 12/20/23 .......................
Final Rule.......................... 04/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Federal, State.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
Energy Effects: Statement of Energy Effects planned as required by
Executive Order 13211.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
Additional Information:
Sectors Affected: 22111 Electric Power Generation; 221112 Fossil
Fuel Electric Power Generation.
URL For More Information: https://www.federalregister.gov/d/2023-10141.
Agency Contact: Lisa Thompson, Environmental Protection Agency,
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243-
01, Research Triangle Park, NC 27711, Phone: 919 541-9775, Email:
[email protected].
Nick Hutson, Environmental Protection Agency, Office of Air and
Radiation, 109 T.W. Alexander Drive, Mail Code D243-01, Research
Triangle Park, NC 27711, Phone: 919 541-2968, Fax: 919 541-4991, Email:
[email protected].
Related RIN: Related to 2060-AT56
RIN: 2060-AV09
EPA--OAR
192. Review of Final Rule Reclassification of Major Sources as Area
Sources Under Section 112 of the Clean Air Act [2060-AV20]
Priority: Other Significant.
Legal Authority: 42 U.S.C. 7401 et seq. CAA; 42 U.S.C. 7414; 42
U.S.C. 7601
CFR Citation: 40 CFR 63.1.
Legal Deadline: None.
Abstract: The final rule, Reclassification of Major Sources as Area
Sources Under Section 112 of the Clean Air Act (Major MACT to Area-
MM2A final rule), was promulgated on November 19, 2020. (See 85 FR
73854) The MM2A final rule became effective on January 19, 2021. On
January 20, 2021, President Biden issued Executive Order 13990
Protecting Public Health and the Environment and Restoring Science to
Tackle the Climate Crisis. The EPA has identified the MM2A final rule
as an action being considered pursuant section (2)(a) of Executive
Order 13990. Under this review, EPA, as appropriate and consistent with
the Clean Air Act section 112, published for comment a notice of
proposed rulemaking reviewing the MM2A final rule. As the Agency
developed this proposal, we sought to increase participation and
engagement of members of the public affected by this action. The agency
held multiple pre-proposal outreach meetings with environmental non-
governmental organizations representing communities as well as
associations of state/local government agencies.
Statement of Need: The EPA issued a notice of proposed rulemaking
of EPA's review of the final rule Reclassification of Major Sources as
Area Sources Under section 112 of the Clean Air Act (Major MACT to
Area- MM2A final rule) pursuant Executive Order 13990. Pursuant section
(2)(a) of Executive Order 13990 Protecting Public Health and the
Environment and Restoring Science to Tackle the Climate Crisis, the EPA
is to review the MM2A final rule and as appropriate and consistent with
the Clean Air Act section 112, to publish for comment a notice of
proposed rulemaking either suspending, revising, or rescinding the MM2A
final rule.
Summary of Legal Basis: The EPA issued a final rulemaking on
November 19, 2020. The final MM2A rule provides that a major source can
be reclassified to area source status at any time upon reducing its
potential to emit (PTE) hazardous air pollutants (HAP) to below the
major source thresholds (MST) of 10 tons per year (tpy) of any single
HAP and 25 tpy of any combination of HAP. Pursuant section (2)(a) of
Executive Order 13990 Protecting Public Health and the Environment and
Restoring Science to Tackle the Climate Crisis, the EPA is to review
the MM2A final rule and as appropriate and consistent with the Clean
Air Act section 112, to publish for comment a notice of proposed
rulemaking either suspending, revising, or rescinding the MM2A final
rule.
Alternatives: The EPA will take comments on the review of the final
MM2A and EPA's proposed rulemaking either suspending, revising, or
rescinding the MM2A final rule.
Anticipated Cost and Benefits: The proposed action does not have
quantified costs or benefits.
Risks: The proposed action does not address public health risks.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/27/23 88 FR 66336
NPRM Comment Period End............. 11/13/23 .......................
Final Rule.......................... 05/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Federal, Local, State, Tribal.
Additional Information:
Agency Contact: Nathan Topham, Environmental Protection Agency,
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243-
02, Research Triangle Park, NC 27711, Phone: 919 541-0483, Fax: 919
541-4991, Email: [email protected].
Brian Shrager, Environmental Protection Agency, Office of Air and
Radiation, E143-01, Research Triangle Park, NC 27711, Phone: 919 541-
7689, Fax: 919 541-5450, Email: [email protected].
Related RIN: Related to 2060-AM75
RIN: 2060-AV20
EPA-OAR
193. Phasedown of Hydrofluorocarbons: Management of Certain
Hydrofluorocarbons and Substitutes Under Subsection (H) of the American
Innovation and Manufacturing Act of 2020 [2060-AV84]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Unfunded Mandates: This action may affect the private sector under
Public Law 104-4.
Legal Authority: 42 U.S.C. 7675
CFR Citation: 40 CFR 84.
Legal Deadline: None.
[[Page 9479]]
Abstract: This proposed rulemaking would establish requirements for
the management of certain HFCs and their substitutes under subsection
(h) of the AIM Act. Specifically, this proposal considers provisions to
control, where appropriate, practices, processes, or activities
regarding the servicing, repair, disposal, or installation of
equipment, for the purposes of maximizing the reclamation and
minimizing the release of certain HFCs from equipment and ensuring the
safety of technicians and consumers. Among other provisions, EPA is
proposing emissions reduction requirements for certain equipment
containing HFCs and their substitutes as well as requirements for the
reclaiming of HFCs.
Statement of Need: The EPA issued a notice of proposed rulemaking
to meet the statutory provisions of subsection (h) of the American
Innovation and Manufacturing (AIM) Act of 2020.
Summary of Legal Basis: The American Innovation and Manufacturing
(AIM) Act, enacted on December 27, 2020, provides EPA new authorities
to address hydrofluorocarbons (HFCs) in three main areas: phasing down
the production and consumption of listed HFCs, maximizing reclamation
and minimizing releases of these HFCs and their substitutes in
equipment (e.g., refrigerators and air conditioners), and facilitating
the transition to next-generation technologies by restricting the use
of HFCs in particular sectors or subsectors. Subsection (h) of the AIM
Act requires EPA to establish regulations to control, where
appropriate, practices, processes, or activities regarding the
servicing, repair, disposal, or installation of equipment, for the
purpose of maximizing the reclamation and minimizing the release of
certain HFCs from equipment and ensuring the safety of technicians and
consumers.
Alternatives: In the proposed rule, EPA requested comments on
alternative approaches and compliance dates for the various provisions.
For example, EPA requested comment on alternative compliance dates for
the proposed fire suppression requirements.
Anticipated Cost and Benefits: The Agency prepared a Regulatory
Impact Analysis (RIA) Addendum. Taking into account both benefits and
compliance costs over the 2025-2050 time period, it is estimated that
the proposed rule would result in present value net benefit (benefits
minus compliance costs), of $6.1 billion (with compliance costs
discounted at three percent).
Risks: EPA is still evaluating the scope and risks associated with
a prospective rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice.............................. 10/17/22 87 FR 62843
NPRM................................ 10/19/23 88 FR 72216
NPRM Comment Period End............. 12/18/23 .......................
-----------------------------------
Final Rule.......................... To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Federal.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
Agency Contact: Annie Kee, Environmental Protection Agency, Office
of Air and Radiation, 1200 Pennsylvania Avenue NW, Washington, DC
20460, Phone: 202 564-2056, Email: [email protected].
Christian Wisniewski, Environmental Protection Agency, Office of
Air and Radiation, 1200 Pennsylvania Avenue NW, Washington, DC 20460,
Phone: 202 564-0417, Email: [email protected].
RIN: 2060-AV84
EPA--OAR
194. Phasedown of Hydrofluorocarbons: Review and Renewal of Eligibility
for Application-Specific Allowances [2060-AV98]
Priority: Other Significant.
Legal Authority: American Innovation and Manufacturing (AIM) Act of
2020 (42 U.S.C. 7675)
CFR Citation: 40 CFR 84.
Legal Deadline: None.
Abstract: The AIM Act identifies six applications that are to
receive ``the full quantity of [HFC] allowances necessary, based on
projected, current, and historical trends,'' under the allowance
allocation program through the end of 2025. The six applications are a
propellant in metered dose inhalers, defense sprays, structural
composite preformed polyurethane foam for marine use and trailer use,
the etching of semiconductor material or wafers and the cleaning of
chemical vapor deposition chambers within the semiconductor
manufacturing sector, mission-critical military end uses, and onboard
aerospace fire suppression. EPA can renew this status for up to five
years at a time based on statutory criteria outlined in the AIM Act.
This proposed rule will review and consider whether to renew
eligibility for each of the six applications, consistent with this
statutory process under AIM subsection (e)(4)(B). Additionally, EPA
intends to establish how it will review eligibility if petitioned for
inclusion of additional applications and to consider revisions to
existing regulatory requirements.
Statement of Need: This rule is required to meet the statutory
provisions of subsection (e) of the AIM Act.
Summary of Legal Basis: The American Innovation and Manufacturing
(AIM) Act, enacted on December 27, 2020, provides EPA authority to
address hydrofluorocarbons (HFCs) in three main areas: phasing down the
production and consumption of listed HFCs, maximizing reclamation and
minimizing releases of these HFCs and their substitutes in equipment
(e.g., refrigerators and air conditioners), and facilitating the
transition to next- generation technologies by restricting the use of
HFCs in particular sectors or subsectors. Subsection (e)(iv)(B)
requires EPA to allocate the full quantity of allowances necessary for
6 applications. Five years after enactment of the AIM Act, the statute
requires that EPA review the 6 applications, and, if the statutory
criteria are met, authorize the production or consumption, as
applicable, of any regulated substance used in the application for
renewable periods of not more than 5 years for exclusive use in the
application.
Alternatives: The alternatives for establishing a subsection
(e)(4)(B) rule are, for each application, to either authorize the
production or consumption, as applicable, of any regulated substance
used in an application for a renewable period of not more than 5 years
for exclusive use in that application or to not extend the provisions
under (e)(4)(B)(iv).
Anticipated Cost and Benefits: EPA is still evaluating the
potential costs and benefits of this prospective action, but does not
expect that this rule will have a significant economic effect.
Risks: EPA is still evaluating the scope and risks associated with
a prospective rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal.
Agency Contact: Nikita Naik, Environmental Protection Agency,
Office of Air and Radiation,
[[Page 9480]]
Washington, DC 20460, Phone: 202 564-4957, Email: [email protected].
RIN: 2060-AV98
EAP--OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION (OCSPP)
Proposed Rule Stage
195. 1-Bromopropane (1-BP); Regulation Under the Toxic Substances
Control Act (TSCA) [2070-AK73]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Unfunded Mandates: Undetermined.
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
CFR Citation: 40 CFR 751.
Legal Deadline: NPRM, Statutory, August 12, 2021, TSCA section
6(c).
Final, Statutory, August 12, 2022, TSCA section 6(c).
Abstract: This proposed rulemaking will address the unreasonable
risk of injury to health presented by 1- bromopropane (1-BP). Section
6(a) of the Toxic Substances Control Act (TSCA) requires EPA address by
rule any unreasonable risk identified in a TSCA risk evaluation and
apply requirements to the extent necessary so the chemical no longer
presents unreasonable risk. The Agency's development of this rule
incorporates significant stakeholder outreach and public participation,
including over 40 external meetings as well as required Federalism,
Tribal, and Environmental Justice consultations and a Small Businesses
Advocacy Review Panel. EPA's risk evaluation for 1-BP, describing the
conditions of use, is in docket EPA-HQ-OPPT-2019-0235, with the 2022
unreasonable risk determination and additional materials in docket EPA-
HQ-OPPT-2016-0741.
Statement of Need: This rulemaking is needed to address the
unreasonable risk of 1-bromopropane that were identified following a
risk evaluation completed under TSCA section 6(b). EPA reviewed the
exposures and hazards of 1-bromopropane, the magnitude of risk, exposed
populations, severity of the hazard, uncertainties, and other factors.
EPA sought input from the public and peer reviewers as required by TSCA
and associated regulations.
Summary of Legal Basis: In accordance with TSCA section 6(a), if
EPA determines in a final risk evaluation completed under TSCA 6(b)
that the manufacture, processing, distribution in commerce, use, or
disposal of a chemical substance or mixture, or that any combination of
such activities, presents an unreasonable risk of injury to health or
the environment, the Agency must issue regulations requiring one or
more of the following actions to the extent necessary so that the
chemical substance no longer presents an unreasonable risk: (1)
Prohibit or otherwise restrict manufacture, processing, or distribution
in commerce of the substance, or limit the amount of the substance
which may be manufactured, processed, or distributed in commerce; (2)
Prohibit or otherwise restrict manufacture, processing, or distribution
in commerce of the substance for a particular use or for a particular
use above a set concentration, or limit the amount of the substance
which may be manufactured, processed, or distributed in commerce for a
particular use or for a particular use above a set concentration; (3)
Require minimum warnings and instructions with respect to use,
distribution in commerce, or disposal; (4) Require recordkeeping or
testing by manufacturers or processors; (5) Prohibit or regulate any
manner or method of commercial use; (6) Prohibit or regulate any manner
or method of disposal for commercial purposes; and/or (7) Direct
manufacturers or processors to give notice of the unreasonable risk to
distributors, other persons, and the public and replace or repurchase
the substance.
Alternatives: TSCA section 6(a) requires EPA to address by rule
chemical substances that the Agency determines present unreasonable
risk upon completion of a final risk evaluation. As required under TSCA
section 6(c), EPA will consider one or more primary alternative
regulatory actions as part of the development of a proposed rule.
Anticipated Cost and Benefits: EPA will prepare a regulatory impact
analysis as the Agency develops the proposed rule.
Risks: The 2020 Risk Evaluation for 1-BP identified potential
health effects from short- and long-term exposure to 1-BP including
non-cancer adverse health effects such as liver toxicity, kidney
toxicity, reproductive toxicity, developmental toxicity, and
neurotoxicity. Relative to cancer effects, the risk evaluation
identified cancers hazards from carcinogenicity as well as
genotoxicity, particularly for skin, intestinal, and lung tumors. For
acute inhalation and dermal exposure scenarios, EPA identified non-
cancer developmental effects (i.e., decreased live litter size, and
increases in post implantation loss) as the most sensitive endpoints.
In the final 2022 Unreasonable Risk Determination, EPA determined that
1-BP presents an unreasonable risk of injury to health. The
unreasonable risk determination, based on developmental toxicity and
cancer, is driven by risks to workers and occupational non-users
(workers who do not directly handle the chemical but perform work in an
area where the chemical is present) due to occupational exposures to 1-
BP (i.e., during manufacture, processing, industrial and commercial
uses, and disposal); and to consumers and bystanders associated with
consumer uses of 1-BP due to exposures from consumer use of 1-BP and 1-
BP-containing products. EPA must issue risk management requirements so
that this chemical substance no longer presents an unreasonable risk.
For more information, visit: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-existing-chemicals-under-tsca.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/24
Final Rule.......................... 05/00/25
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: Federal, State.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
Additional Information: EPA-HQ-OPPT-2020-0471.
Sectors Affected: 325 Chemical Manufacturing.
URL For More Information: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-evaluation-1-bromopropane-1-bp.
Agency Contact: Amy Shuman, Environmental Protection Agency, Office
of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue
NW, Mail Code 7404M, Washington, DC 20460, Phone: 202 564-2978, Email:
[email protected].
Joel Wolf, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7404M, Washington, DC 20460, Phone: 202 564-0432, Email:
[email protected].
RIN: 2070-AK73
[[Page 9481]]
EPA--OCSPP
196. Trichloroethylene; Regulation Under the Toxic Substances Control
Act (TSCA) [2070-AK83]
Priority: Other Significant.
Unfunded Mandates: Undetermined.
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
CFR Citation: 40 CFR 751.
Legal Deadline: NPRM, Statutory, November 30, 2021, TSCA section
6(c). Final, Statutory, November 30, 2022, TSCA section 6(c).
Abstract: On October 31, 2023, the Environmental Protection Agency
(EPA) proposed to address the unreasonable risk of injury to human
health presented by trichloroethylene (TCE) under its conditions of use
as documented in EPA's November 2020 Risk Evaluation for TCE and
January 2023 revised Unreasonable Risk Determination for TCE pursuant
to the Toxic Substances Control Act (TSCA). TCE is widely used as a
solvent in a variety of industrial, commercial and consumer
applications including for hydrofluorocarbon (HFC) production, vapor
and aerosol degreasing, and in lubricants, greases, adhesives, and
sealants. TSCA requires that when EPA determines a chemical substance
presents unreasonable risk that EPA address by rule the unreasonable
risk of injury to health or the environment and apply requirements to
the extent necessary so the chemical no longer presents unreasonable
risk. EPA determined that TCE presents an unreasonable risk of injury
to health due to the significant adverse health effects associated with
exposure to TCE, including non-cancer effects (liver toxicity, kidney
toxicity, neurotoxicity, immunotoxicity, reproductive toxicity, and
developmental toxicity) as well as cancer (liver, kidney, and non-
Hodgkin lymphoma) from chronic inhalation and dermal exposures to TCE.
TCE is a neurotoxicant and is carcinogenic to humans by all routes of
exposure. The most sensitive adverse effects of TCE exposure are non-
cancer effects (developmental toxicity and immunosuppression) for acute
exposures and developmental toxicity and autoimmunity for chronic
exposures. To address the identified unreasonable risk, EPA proposed
to: prohibit all manufacture (including import), processing, and
distribution in commerce of TCE and industrial and commercial use of
TCE for all uses, with longer compliance timeframes and workplace
controls for certain processing and industrial and commercial uses
(including proposed phaseouts and time-limited exemptions); prohibit
the disposal of TCE to industrial pre-treatment, industrial treatment,
or publicly owned treatment works, with a time-limited exemption for
cleanup projects; and establish recordkeeping and downstream
notification requirements. The Agency's development of this rule
incorporates significant stakeholder outreach and public participation,
including over 40 external meetings as well as required Federalism,
Tribal, and Environmental Justice consultations and a Small Businesses
Advocacy Review Panel. EPA's risk evaluation for TCE, describing TCE's
conditions of use is in docket EPA-HQ-OPPT-2019-0500, with the January
2023 unreasonable risk determination and additional materials in docket
EPA-HQ-OPPT-2016-0737.55
Statement of Need: This rulemaking is needed to address the
unreasonable risk from TCE that was identified following a risk
evaluation completed under TSCA section 6(b). EPA reviewed the
exposures and hazards of TCE, the magnitude of risk, exposed
populations, severity of the hazard, uncertainties, and other factors.
EPA sought input from the public and peer reviewers as required by TSCA
and associated regulations.
Summary of Legal Basis: In accordance with TSCA section 6(a), if
EPA determines in a final risk evaluation completed under TSCA 6(b)
that the manufacture, processing, distribution in commerce, use, or
disposal of a chemical substance or mixture, or that any combination of
such activities, presents an unreasonable risk of injury to health or
the environment, the Agency must issue regulations requiring one or
more of the following actions to the extent necessary so that the
chemical substance no longer presents an unreasonable risk: (1)
Prohibit or otherwise restrict manufacture, processing, or distribution
in commerce of the substance, or limit the amount of the substance
which may be manufactured, processed, or distributed in commerce; (2)
Prohibit or otherwise restrict manufacture, processing, or distribution
in commerce of the substance for a particular use or for a particular
use above a set concentration, or limit the amount of the substance
which may be manufactured, processed, or distributed in commerce for a
particular use or for a particular use above a set concentration; (3)
Require minimum warnings and instructions with respect to use,
distribution in commerce, or disposal; (4) Require recordkeeping or
testing by manufacturers or processors; (5) Prohibit or regulate any
manner or method of commercial use; (6) Prohibit or regulate any manner
or method of disposal for commercial purposes; and/or (7) Direct
manufacturers or processors to give notice of the unreasonable risk to
distributors, other persons, and the public and replace or repurchase
the substance if required.
Alternatives: TSCA section 6(a) requires EPA to address by rule
chemical substances that the Agency determines present unreasonable
risk upon completion of a final risk evaluation. TSCA section 6(c)
requires that EPA consider one or more primary alternative regulatory
actions as part of the development of a proposed rule under TSCA
section 6(a). The primary alternative regulatory action would prohibit
the manufacture (including import) and processing of TCE for all uses;
prohibit the distribution in commerce and industrial and commercial use
of TCE, as well as prohibitions on the disposal of TCE to industrial
pre-treatment, industrial treatment, or publicly owned treatment works.
The primary alternative regulatory action would involve longer
timeframes for the prohibition of some industrial and commercial uses
and for the associated manufacturing (including import) and processing.
For all manufacturing (including import), processing, and industrial
and commercial use of TCE that would continue more than one year after
the publication of the final rule, workplace chemical protection
program (WCPP) requirements, which would include a requirement to meet
inhalation exposure concentration limits and exposure monitoring as
well as requirements to reduce dermal exposures to TCE for certain
continued conditions of use of TCE would be in effect until the
respective prohibition compliance dates or, if applicable, expiration
of the TSCA section 6(g) exemptions. The inhalation exposure
concentration limits under the primary alternative regulatory action
would be based on the immunotoxicity endpoint instead of the
developmental toxicity endpoint as under the proposed regulatory
action. The primary alternative regulatory action provides certain
time-limited exemptions from requirements for uses of TCE that are
critical or essential.
Anticipated Cost and Benefits: The monetized costs for this
proposed rule are estimated to range from $33.1 million annualized over
20 years at a 3% discount rate and $40.5 million annualized over 20
years at a 7% discount rate. The monetized benefits are estimated to be
$18.0 to $21.5 million annualized over 20 years at a
[[Page 9482]]
3% discount rate and $8.2 million to $10.3 million annualized over 20
years at a 7% discount rate. EPA believes that the balance of costs and
benefits of this proposal cannot be fairly described without
considering the additional, non-monetized benefits of mitigating the
non-cancer adverse effects. These effects may include neurotoxicity,
kidney toxicity, liver toxicity, immunotoxicity effects, reproductive
effects, and developmental effects.
Risks: The 2020 Risk Evaluation for TCE identified significant
adverse health effects associated with short- and long-term exposure to
TCE, including non-cancer effects (immunosuppression and developmental
toxicity) from acute inhalation exposures and dermal exposures, and
non-cancer effects (liver toxicity, kidney toxicity, neurotoxicity,
autoimmunity, reproductive toxicity, and developmental toxicity) and
cancer (liver, kidney, and non-Hodgkin lymphoma) from chronic
inhalation exposures to TCE. In the 2023 Final Unreasonable Risk
Determination, EPA determined that TCE presents an unreasonable risk of
injury to health. The unreasonable risk determination, based on
immunotoxicity and cancer, is driven by risks to workers and ONUs
(workers who do not directly handle the chemical but perform work in an
area where the chemical is present) due to occupational exposures to
TCE (i.e., during manufacture, processing, industrial and commercial
uses, and disposal); and to consumers and bystanders associated with
consumer uses of TCE due to exposures from consumer use of TCE and TCE-
containing products. For more information, visit: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-existing-chemicals-under-tsca.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/31/23 88 FR 74712
NPRM Comment Period End............. 12/15/23
Final Rule.......................... 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: Federal, State.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
Additional Information: EPA-HQ-OPPT-2020-0642.
Sectors Affected: 325 Chemical Manufacturing.
URL For More Information: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-trichloroethylene-tce.
Agency Contact: Gabriela Rossner, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania
Avenue NW, Mail Code 7404M, Washington, DC 20460, Phone: 202 564-2426,
Email: [email protected].
Joel Wolf, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7404M, Washington, DC 20460, Phone: 202 564-0432, Email:
[email protected].
RIN: 2070-AK83
EPA--OCSPP
197. N-Methylpyrrolidone (NMP); Regulation Under the Toxic Substances
Control Act (TSCA) [2070-AK85]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Unfunded Mandates: Undetermined.
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
CFR Citation: 40 CFR 751.
Legal Deadline: NPRM, Statutory, December 23, 2021, TSCA sec. 6(c).
Final, Statutory, December 23, 2022, TSCA sec. 6(c).
Abstract: This proposed rulemaking will address the unreasonable
risk of injury to health presented by n- methylpyrrolidone (NMP).
Section 6(a) of the Toxic Substances Control Act (TSCA) requires EPA to
address by rule any unreasonable risk identified in a TSCA section 6(b)
risk evaluation by applying requirements to the extent necessary so the
chemical no longer presents unreasonable risk. The Agency's development
of this rule incorporates significant stakeholder outreach and public
participation, including over 40 external meetings as well as required
Federalism, Tribal, and Environmental Justice consultations and a Small
Businesses Advocacy Review Panel. EPA's 2020 risk evaluation for NMP,
describing its conditions of use is in docket EPA-HQ-OPPT-2019-0236,
with the 2022 revised unreasonable risk determination and additional
materials in docket EPA-HQ-OPPT-2016-0743.6
Statement of Need: This rulemaking is needed to address the
unreasonable risk from NMP that were identified following a risk
evaluation completed under TSCA section 6(b). EPA reviewed the
exposures and hazards of NMP, the magnitude of risk, exposed
populations, severity of the hazard, uncertainties, and other factors.
EPA sought input from the public and peer reviewers as required by TSCA
and associated regulations.
Summary of Legal Basis: In accordance with TSCA section 6(a), if
EPA determines in a final risk evaluation completed under TSCA 6(b)
that the manufacture, processing, distribution in commerce, use, or
disposal of a chemical substance or mixture, or that any combination of
such activities, presents an unreasonable risk of injury to health or
the environment, the Agency must issue regulations requiring one or
more of the following actions to the extent necessary so that the
chemical substance no longer presents an unreasonable risk: (1)
Prohibit or otherwise restrict manufacture, processing, or distribution
in commerce of the substance, or limit the amount of the substance
which may be manufactured, processed, or distributed in commerce; (2)
Prohibit or otherwise restrict manufacture, processing, or distribution
in commerce of the substance for a particular use or for a particular
use above a set concentration, or limit the amount of the substance
which may be manufactured, processed, or distributed in commerce for a
particular use or for a particular use above a set concentration; (3)
Require minimum warnings and instructions with respect to use,
distribution in commerce, or disposal; (4) Require recordkeeping or
testing by manufacturers or processors; (5) Prohibit or regulate any
manner or method of commercial use; (6) Prohibit or regulate any manner
or method of disposal for commercial purposes; and/or (7) Direct
manufacturers or processors to give notice of the unreasonable risk to
distributors, other persons, and the public and replace or repurchase
the substance if required.
Alternatives: TSCA section 6(a) requires EPA to address by rule
chemical substances that the Agency determines present unreasonable
risk upon completion of a final risk evaluation. As required under TSCA
section 6(c), EPA will consider one or more primary alternative
regulatory actions as part of the development of a proposed rule.
Anticipated Cost and Benefits: EPA will prepare an economic
analysis as the Agency develops the proposed rule.
Risks: The 2020 Risk Evaluation for NMP identified potential health
effects for NMP including non-cancer adverse health effects such as
liver toxicity,
[[Page 9483]]
kidney toxicity, immunotoxicity, reproductive toxicity, developmental
toxicity, neurotoxicity, and irritation and sensitization. In the 2022
Final Unreasonable Risk Determination, EPA determined that NMP presents
an unreasonable risk of injury to health. The unreasonable risk
determination is driven by risks to workers due to occupational
exposures to NMP (i.e., during manufacture, processing, industrial and
commercial uses, and disposal); and to consumers due to exposures from
consumer use of NMP and NMP-containing products. For more information,
visit: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-existing-chemicals-under-tsca.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/00/24
Final Rule.......................... 12/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: Federal, State, Tribal.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
Additional Information: EPA-HQ-OPPT-2020-0744.
Sectors Affected: 325 Chemical Manufacturing.
URL For More Information: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-n-methylpyrrolidone-nmp.
Agency Contact: Clara Hull, Environmental Protection Agency, Office
of Chemical Safety and Pollution Prevention, 1200 Pennsylvania Avenue
NW, Mail Code 7404M, Washington, DC 20460, Phone: 202 564-3954, Email:
[email protected].
Joel Wolf, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7404M, Washington, DC 20460, Phone: 202 564-0432, Email:
[email protected].
RIN: 2070-AK85
EPA--OCSPP
198. Procedures for Chemical Risk Evaluation Under the Toxic Substances
Control Act (TSCA) [2070-AK90]
Priority: Other Significant.
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
CFR Citation: 40 CFR 702.
Legal Deadline: None.
Abstract: As required under section 6(b)(4) of the Toxic Substances
Control Act (TSCA), EPA published a final rule in 2017 that established
a process for conducting risk evaluations to determine whether a
chemical substance presents an unreasonable risk of injury to health or
the environment, without consideration of costs or other non-risk
factors, including an unreasonable risk to a potentially exposed or
susceptible subpopulation, under the conditions of use. This process
incorporates the science requirements of the amended statute, including
best available science and weight of the scientific evidence. The final
rule established the steps of a risk evaluation process including:
scope, hazard assessment, exposure assessment, risk characterization,
and risk determination. The Agency has reconsidered the procedural
framework rule for conducting such risk evaluations and determined that
certain aspects of that framework should be revised to better align
with applicable court decisions and the statutory text, to reflect the
Agency's experience implementing the risk evaluation program following
enactment of the 2016 TSCA amendments, and to allow for consideration
of future scientific advances in the risk evaluation process without
need to further amend the Agency's procedural rule.
Statement of Need: EPA's 2017 final rule that established a process
for conducting risk evaluations under TSCA was challenged by several
non-governmental organizations. In November 2019, the court in Safer
Chemicals, Healthy Families v. U.S. EPA, 943 F.3d 397 (9th Cir. 2019)
remanded certain provisions of the rule to EPA. Additionally, the 2017
rule was identified for review in accordance with Executive Order
13990, Protecting Public Health and the Environment and Restoring
Science to Tackle the Climate Crisis (86 FR 7037, January 25, 2021).
Consistent with the Court's direction and opinion in Safer Chemicals,
Healthy Families v. U.S. EPA, and incorporating lessons learned in the
process carrying out the first ten TSCA risk evaluations, the Agency is
now considering revisions to the procedural framework and will solicit
public comment on those changes through a notice of proposed
rulemaking.
Summary of Legal Basis: TSCA section 6(b)(4) directed EPA to
establish the process for conducting risk evaluations on chemical
substances under TSCA to identify any unreasonable risk of injury to
health or the environment. Agencies have inherent authority to
reconsider past decisions and to revise, replace, or repeal a decision
to the extent permitted by law and supported by a reasoned explanation.
FCC v. Fox Television Stations, Inc., 556 U.S. 502, 515 (2009). EPA is
now exercising its inherent authority to reconsider past decisions and
as such is considering revisions to that final rule based on the
Court's opinion in Safer Chemicals, Healthy Families v. U.S. EPA to
ensure that TSCA risk evaluations are supported by the best available
science, aligned with the statutory requirements, and consistent with
Congress' intent in the 2016 TSCA amendments.
Alternatives: Alternatives will not be developed as part of the
development of a proposed rule.
Anticipated Cost and Benefits: EPA will analyze the incremental
impacts associated with proposed amendments to requirements for
manufacturer-requested risk evaluations as part of the development of a
proposed rule.
Risks: This is a procedural rule related to risk evaluations and is
not intended to directly address any particular risk. However, the rule
would establish procedures by which EPA will evaluate whether a
chemical substance presents an unreasonable risk of injury to health or
the environment, including unreasonable risk to a potentially exposed
or susceptible subpopulation. Rigorous procedures that support accurate
identification of unreasonable risk are necessary to inform subsequent
risk management action.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/30/23 88 FR 74292
NPRM Comment Period End............. 12/14/23
Final Rule.......................... 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Additional Information:
Sectors Affected: 325 Chemical Manufacturing; 324110 Petroleum
Refineries.
URL For More Information: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca.
Agency Contact: Susanna Blair, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania
Avenue NW, Mail Code 7401M, Washington, DC 20460, Phone: 202 564-4371,
Email: [email protected].
[[Page 9484]]
Ryan Schmit, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7101M, Washington, DC 20460, Phone: 202 564-0610, Fax: 202 566-0471,
Email: [email protected].
RIN: 2070-AK90
EPA--OFFICE OF LAND AND EMERGENCY MANAGEMENT (OLEM)
Proposed Rule Stage
199. Revisions to Standards for the Open Burning/Open Detonation of
Waste Explosives [2050-AH24]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Unfunded Mandates: Undetermined.
Legal Authority: 40 CFR 131; 42 U.S.C. 6924
CFR Citation: 40 CFR 264 and 265.
Legal Deadline: None.
Abstract: This rulemaking will consider revisions to the
regulations that allow for the open burning and detonation (OB/OD) of
waste explosives. The allowance or ``variance'' to the prohibition on
the open burning of hazardous waste was established at a time when
there were no alternatives to the safe treatment of waste explosives.
However, recent findings from the National Academies of Sciences,
Engineering, and Medicine and the EPA have identified safe alternatives
that are potentially available to many energetic/explosive waste
streams. Because there are potential safe alternatives in use today
that capture and treat emissions prior to release, the EPA is
considering revising regulations to promote the broader use of these
alternatives, where applicable. As part of the rule development
process, EPA has held two rounds of engagement with states,
territories, tribes, environmental and community groups, and owners/
operators of OB/OD units.
Statement of Need: Technological advances have been made since the
1980 Interim Status regulations were issued that banned the open
burning of hazardous wastes but created an exception to allow open
burning/open detonation (OB/OD) of waste explosives due to a lack of
other safe modes of treatment. In 2019, EPA and the National Academies
of Science, Engineering, and Medicine published reports documenting
safe and available alternative treatment technologies that could
potentially be used in lieu of OB/OD.
Summary of Legal Basis: The proposed rule would be established
under the authority of the Solid Waste Disposal Act of 1970, as amended
by the Resource Conservation and Recovery Act of 1976 (RCRA), as
amended by the Hazardous and Solid Waste Amendments of 1984 (HWSA).
Alternatives: Based on recent information regarding availability of
safe alternatives, we are revising the existing regulation to
explicitly state how a demonstration of eligibility must be made.
Anticipated Cost and Benefits: The Agency will evaluate anticipated
costs and benefits as part of the rule development process.
Risks: The Agency will evaluate risk reductions and impacts as part
of the rule development process. It is currently early in the process
to make such determinations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/23
Final Rule.......................... 09/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal, Local, State.
Federalism: Undetermined.
Additional Information:
Sectors Affected: 325920 Explosives Manufacturing; 562211 Hazardous
Waste Treatment and Disposal; 926150 Regulation, Licensing, and
Inspection of Miscellaneous Commercial Sectors; 56291 Remediation
Services; 562910 Remediation Services; 56221 Waste Treatment and
Disposal.
Agency Contact: Paul Diss, Environmental Protection Agency, Office
of Land and Emergency Management, 1200 Pennsylvania Avenue NW, Mail
Code 5303T, Washington, DC 20460, Phone: 202 566-0321, Email:
[email protected].
Sasha Gerhard, Environmental Protection Agency, Office of Land and
Emergency Management, 1200 Pennsylvania Avenue NW, Mail Code 5304T,
Washington, DC 20460, Phone: 202 566-0346, Fax: 703 308-8686, Email:
[email protected].
RIN: 2050-AH24
EPA--OLEM
200. Listing of PFOA, PFOS, PFBS, and GenX as Resource Conservation and
Recovery Act (RCRA) Hazardous Constituents [2050-AH26]
Priority: Other Significant. Major status under 5 U.S.C. 801 is
undetermined.
Legal Authority: 42 U.S.C. 6912 (a); 42 U.S.C. 6921; 42 U.S.C. 6924
CFR Citation: 40 CFR 261.
Legal Deadline: None.
Abstract: Based on public health and environmental protection
concerns and in response to several petitions which requested EPA to
take regulatory action on PFAS under RCRA, EPA is evaluating the
existing toxicity and health effects data on four PFAS constituents to
determine if they should be listed as RCRA Hazardous Constituents. If
the existing data for the four PFAS constituents support listing any or
all of these constituents as RCRA hazardous constituents, EPA will
propose to list the constituents in a Federal Register notice for
public comment. The four PFAS chemicals EPA will evaluate are:
perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS),
perfluorobutane sulfonic acid (PFBS), hexafluoropropylene oxide dimer
acid (HFPO-DA or GenX). EPA has communicated with interested
stakeholders about this action and will do conduct additional outreach
with the public, organizations, states, tribal groups, and affected
parties following publication of a proposed rule
Statement of Need: EPA has received three petitions recently
requesting regulatory action on PFAS under the Resource Conservation
and Recovery Act (RCRA), including a petition from the Governor of New
Mexico on June 23, 2021. The New Mexico petition incorporated by
reference the two other petitions received previously by EPA from
Public Employees for Environmental Responsibility (PEER) and the
Environmental Law Clinic at the University of California, Berkeley
School of Law (et al.). This proposed rulemaking is in response to the
three petitions and, if finalized, will list specific PFAS as RCRA
hazardous constituents subject to corrective action requirements at
hazardous waste treatment, storage, and disposal facilities (TSDFs).
Summary of Legal Basis: EPA has received three petitions recently
requesting regulatory action on PFAS under the Resource Conservation
and Recovery Act (RCRA), including a petition from the Governor of New
Mexico on June 23, 2021. The New Mexico petition incorporated by
reference the two other petitions received previously by EPA from
Public Employees for Environmental Responsibility (PEER) and the
Environmental Law Clinic at the University of California, Berkeley
School of Law (et al.). This proposed rulemaking is in response to the
three petitions and, if finalized, will list specific PFAS as RCRA
hazardous constituents subject to corrective action
[[Page 9485]]
requirements at hazardous waste treatment, storage, and disposal
facilities (TSDFs).
Alternatives: We have reviewed and evaluated the toxicity and
health effects information for specific PFAS to determine if they
should be proposed to be listed as RCRA hazardous constituents on
Appendix VIII, and there are no other alternatives.
Anticipated Cost and Benefits: The Agency will evaluate anticipated
costs and benefits as part of the rule development process.
Risks: The Agency will evaluate risk reductions and impacts as part
of the rule development process. It is currently too early in the
process to make such determinations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: State, Federal.
Agency Contact: Narendra Chaudhari, Environmental Protection
Agency, Office of Land and Emergency Management, 1200 Pennsylvania
Avenue NW, Mail Code 5304T, Washington, DC 20460, Phone: 202 566-0495,
Email: [email protected].
Daniel Lowrey, Environmental Protection Agency, Office of Land and
Emergency Management, 1200 Pennsylvania Avenue NW, Mail Code 5304T,
Washington, DC 20460, Phone: 202 566-1015, Email:
[email protected].
RIN: 2050-AH26
EPA--OLEM
201. Definition of Hazardous Waste Applicable to Corrective Action for
Solid Waste Management Units [2050-AH27]
Priority: Other Significant.
Unfunded Mandates: Undetermined.
Legal Authority: 42 U.S.C. 6921; 42 U.S.C. 6912 (a); 42 U.S.C.
6938; 42 U.S.C. 6934; 42 U.S.C. 6939g; 42 U.S.C. 6937; 42 U.S.C. 6939;
42 U.S.C. 6935; 42 U.S.C. 6974; 42 U.S.C. 6924; 42 U.S.C. 6925; 42
U.S.C. 6927
CFR Citation: 40 CFR 260; 40 CFR 261; 40 CFR 270.
Legal Deadline: None.
Abstract: EPA is considering a proposed rule that would modify the
regulations at 40 CFR part 260, 261 and 270 to clarify that the
definition of hazardous waste found in RCRA section 1004(5) is
applicable to corrective action for releases from solid waste
management units. The proposed rule would more clearly implement EPA's
longstanding interpretation of its authority under RCRA section 3004(u)
and (v).
Statement of Need: This regulatory modification is necessary so
that 40 CFR 264.101 appropriately reflects the scope of corrective
action cleanup requirements for hazardous waste treatment, storage, and
disposal facilities as required by RCRA section 3004(u) and (v). The
revision is expected to clarify that releases of hazardous wastes that
are not regulatory hazardous wastes but meet the definition of
hazardous waste in RCRA section 1004(5), must be addressed in the same
manner as regulatory hazardous wastes under the corrective action
program. This rulemaking is expected to impact the release of certain
PFAS substances and is included as part of EPA's broader PFAS Strategic
Roadmap.
Summary of Legal Basis: The proposed rule would be established
under the authority of sections 3004(u) and (v) of the Solid Waste
Disposal Act of 1965, as amended by subsequent enactments including the
Resource Conservation and Recovery Act of 1976 (RCRA), as amended by
the Hazardous and Solid Waste Amendments of 1984 (HWSA).
Alternatives: We have reviewed the applicable regulations and no
alternatives have been identified.
Anticipated Cost and Benefits: The Agency will evaluate anticipated
costs and benefits as part of the rule development process.
Risks: The Agency will evaluate risk reductions and impacts as part
of the rule development process. It is currently too early in the
process to make such determinations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Federal, State.
Agency Contact: Barbara Foster, Environmental Protection Agency,
Office of Land and Emergency Management, 1200 Pennsylvania Avenue NW,
Washington, DC 20460, Phone: 202 566-0382, Email:
[email protected].
RIN: 2050-AH27
EPA--OFFICE OF WATER (OW)
Proposed Rule Stage
202. National Primary Drinking Water Regulations for Lead and Copper:
Improvements (LCRI) [2040-AG16]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Unfunded Mandates: This action may affect State, local or tribal
governments and the private sector.
Legal Authority: 42 U.S.C. 300f et seq. Safe Drinking Water Act
CFR Citation: 40 CFR 141; 40 CFR 142.
Legal Deadline: None.
Abstract: The Environmental Protection Agency (EPA) published the
final Lead and Copper Rule Revision (LCRR) on January 15, 2021. EPA
reviewed the LCRR and decided to initiate a new rulemaking process to
improve the rule. This new National Primary Drinking Water Regulation
is called the Lead and Copper Rule Improvements (LCRI). EPA is
developing LCRI to strengthen the regulatory framework and address lead
in drinking water.
Statement of Need: The EPA promulgated the final Lead and Copper
Rule Revision (LCRR) on January 15, 2021 (86 FR 4198). Consistent with
the directives of Executive Order 13990, the EPA is currently
considering revising this rulemaking. The EPA will complete its review
of the rule in accordance with those directives and conduct important
consultations with affected parties. The EPA understands that the
benefits of clean water are not shared equally by all communities and
this review of the LCRR will be consistent with the policy aims set
forth in Executive Order 13985, ``Advancing Racial Equity and Support
for Underserved Communities through the Federal Government.''
Summary of Legal Basis: The Safe Drinking Water Act, section 1412,
National Primary Drinking Water Regulations, authorizes EPA to initiate
the development of a rulemaking if the agency has determined that the
action maintains or improves the public health.
Alternatives: To be determined.
Anticipated Cost and Benefits: To be determined.
Risks: To be determined.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/23 .......................
Final Rule.......................... 10/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
[[Page 9486]]
Government Levels Affected: Federal, Local, State, Tribal.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
Additional Information:
Sectors Affected: 23711 Water and Sewer Line and Related Structures
Construction; 2213 Water, Sewage and Other Systems.
Agency Contact: Michael Goldberg, Environmental Protection Agency,
Office of Water, 1200 Pennsylvania Avenue NW, 4601M, Washington, DC
20460, Phone: 202 564-1137, Email: [email protected].
Related RIN: Related to 2040-AF15
RIN: 2040-AG16
EPA--OFFICE OF AIR AND RADIATION (OAR)
Final Rule Stage
203. National Emission Standards for Hazardous Air Pollutants: Ethylene
Oxide Commercial Sterilization and Fumigation Operations [2060-AU37]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 7607(d); 42 U.S.C. 7414, 7601
CFR Citation: 40 CFR 63, subpart O.
Legal Deadline: None.
Abstract: In December 1994, pursuant to section 112(d) of the Clean
Air Act, EPA promulgated the National Emission Standards for Hazardous
Air Pollutants (NESHAP) for Ethylene Oxide (EtO) Commercial
Sterilization and Fumigation Operations (59 FR 62585). The NESHAP
established standards for both major and area sources. EPA completed a
residual risk and technology review for the NESHAP in 2006 and, at that
time, concluded that no revisions to the standards were necessary. In
this action, EPA will conduct the second technology review for the
NESHAP, as required by law, and consider potential updates to the rule.
To aid in this effort, EPA issued an advance notice of proposed
rulemaking that solicited comment from stakeholders, undertook a Small
Business Advocacy Review panel, which is needed when there is the
potential for significant economic impacts to small businesses from any
regulatory actions being considered, and has conducted outreach
meetings within the communities affected by the highest-risk facilities
as part of the development of this action. These meetings involved
informing community members of the risk from EtO emissions and
explaining how they can be involved in the rule writing process. EPA
also held a national webinar on this proposal. Accommodations were made
for Spanish-language speaking communities, which are disproportionately
affected by these EtO emissions. This proposal also reflects feedback
EPA has received from representatives from local and state governments.
For more information, please visit https://www.epa.gov/stationary-sources-air-pollution/ethylene-oxide-emissions-standards-sterilization-facilities.
Statement of Need: The National Air Toxics Assessment (NATA)
released in August 2018 identified ethylene oxide (EtO) emissions as a
potential concern in several areas across the country. The latest NATA
estimates that EtO significantly contributes to potential elevated
cancer risks in some census tracts. These elevated risks are largely
driven by an EPA risk value that was updated in December 2016. Further
investigation on NATA inputs and results led to the EPA identifying
commercial sterilization using EtO as a source category contributing to
some of these risks. Over the past two years, the EPA has been
gathering additional information to help evaluate opportunities to
reduce EtO emissions in this source category through potential NESHAP
revisions. In this rule, EPA will address EtO emissions from commercial
sterilizers.
Summary of Legal Basis: CAA section 112, 42 U.S.C. 7412, provides
the legal framework and basis for regulatory actions addressing
emissions of hazardous air pollutants from stationary sources. CAA
section 112(d)(6) requires EPA to review, and revise as necessary,
emission standards promulgated under CAA section 112(d) at least every
8 years, considering developments in practices, processes, and control
technologies.
Alternatives: EPA is evaluating various options for reducing EtO
emissions from commercial sterilizers under the NESHAP, such as
pollution control equipment, reducing fugitive emissions, or
monitoring.
Anticipated Cost and Benefits: Based on conversations with
regulated entities who have been working to reduce emissions, the
potential costs of controlling some emissions sources could be
substantial.
Risks: As part of this rulemaking, EPA has been updating
information regarding EtO emissions and the specific emission points
within the source category. Preliminary analyses suggest that fugitive
emissions from commercial sterilizers may substantially contribute to
health risks associated with exposure to EtO.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 12/12/19 84 FR 67889
NPRM................................ 04/13/23 88 FR 22790
NPRM Comment Period End............. 06/12/23 .......................
Final Rule.......................... 03/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: None.
Additional Information: EPA-HQ-OAR-2019-0178.
Sectors Affected: 311423 Dried and Dehydrated Food Manufacturing;
33911 Medical Equipment and Supplies Manufacturing; 561910 Packaging
and Labeling Services; 325412 Pharmaceutical Preparation Manufacturing;
311942 Spice and Extract Manufacturing.
Agency Contact: Jon Witt, Environmental Protection Agency, Office
of Air and Radiation, 109 T.W. Alexander Drive, Mail Code E143-05,
Research Triangle Park, NC 27709, Phone: 919 541-5645, Email:
[email protected].
Kusondra King, Environmental Protection Agency, Office of Air and
Radiation, Research Triangle Park, NC 27711, Phone: 919 541-4373,
Email: [email protected].
RIN: 2060-AU37
EPA--OAR
204. New Source Performance Standards and Emission Guidelines for Crude
Oil and Natural Gas Facilities: Climate Review [2060-AV16]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 7411
CFR Citation: 40 CFR 60; subpart OOOO, OOOOa, OOOOb, OOOOc, KKK;
app. K.
Legal Deadline: None.
Abstract: On November 15, 2021, the EPA published a proposed rule
to mitigate climate-destabilizing pollution and protect human health by
reducing greenhouse gas and VOC emissions from the Crude Oil and
Natural Gas source category (86 FR 63110). This action was in response
to the January 20, 2021, Executive Order titled ``Protecting Public
Health and the Environment and Restoring Science to Tackle the Climate
Crisis.'' In the November 2021 Proposal, pursuant to CAA section 111
the EPA proposed new standards of performance for greenhouse gases (in
the form of methane limitations) and volatile organic compounds
emissions and
[[Page 9487]]
Emission Guidelines for greenhouse gas emissions (in the form of
methane limitations) from existing sources. The EPA also proposed
several related actions stemming from the joint resolution of Congress,
adopted on June 30, 2021, under the Congressional Review Act
disapproving the EPA's final rule titled, Oil and Natural Gas Sector:
``Emission Standards for New, Reconstructed, and Modified Sources
Review,'' September 14, 2020 (2020 Policy Rule). Lastly, in the
November 2021 Proposal the EPA proposed a protocol under the general
provisions for OGI.
On December 6, 2022, the EPA published a supplemental proposed rule
that was composed of two main actions (87 FR 74702). First, the EPA
updated, strengthened, and expanded on the NSPS proposed in November
2021 under CAA section 111(b) for greenhouse gases (in the form of
methane limitations) and volatile organic compounds emissions from new,
modified, and reconstructed facilities. Second, the EPA updated,
strengthened, and expanded the presumptive standards proposed for the
Emission Guidelines in the November 2021 Proposal as part of the CAA
section 111(d) EG for greenhouse gas emissions (in the form of methane
limitations) from designated facilities. For purposes of the Emission
Guidelines, the EPA also proposed the implementation requirements for
states to limit greenhouse gas pollution (in the form of methane
limitations) from designated facilities in the Crude Oil and Natural
Gas source category under CAA section 111(d). The Agency expects to
issue a final rule later in 2023.
Statement of Need: The final actions stem from the EPA's authority
and obligation under CAA section 111 to directly regulate categories of
new stationary sources that cause or contribute to endangerment from
air pollution and promulgate EG for states to follow in regulating
existing sources (designated facilities) in the source category.
Summary of Legal Basis: Clean Air Act section 111(b) provides the
legal framework for establishing greenhouse gas emission standards (in
the form of limitations on methane) and volatile organic compounds for
new oil and natural gas sources. Clean Air Act section 111(d) provides
the legal framework for establishing greenhouse gas emission standards
(in the form of limitations on methane) for existing oil and natural
gas sources.
Alternatives: The EPA has evaluated several options for new and
existing sources and will propose and solicit comment on those options.
Anticipated Cost and Benefits: The EPA's regulatory impact analyses
for the December 2022 supplemental notice of proposed rulemaking can be
found at document number EPA-HQ-OAR-2021-0317-1566 of the public docket
(https://www.regulations.gov/document/EPA-HQ-OAR-2021-0317-1566).
Risks: The EPA's regulatory impact analyses for the December 2022
supplemental notice of proposed rulemaking can be found at document
number EPA-HQ-OAR-2021-0317-1566 of the public docket (https://www.regulations.gov/document/EPA-HQ-OAR-2021-0317-1566).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/15/21 86 FR 63110
Supplemental NPRM................... 12/06/22 87 FR 74702
Final Rule.......................... 12/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: Federal, Local, State, Tribal.
Energy Effects: Statement of Energy Effects planned as required by
Executive Order 13211.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
Additional Information: EPA-HQ-OAR-2021-0317. https://www.epa.gov/controlling-air-pollution-oil-and-natural-gas-industry.
Sectors Affected: 213111 Drilling Oil and Gas Wells; 2111 Oil and
Gas Extraction; 211 Oil and Gas Extraction; 237120 Oil and Gas Pipeline
and Related Structures Construction; 23712 Oil and Gas Pipeline and
Related Structures Construction; 213112 Support Activities for Oil and
Gas Operations.
Agency Contact: Amy Hambrick, Environmental Protection Agency,
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code E143-
05, Research Triangle Park, NC 27711, Phone: 919 541-0964, Fax: 919
541-0516, Email: [email protected].
RIN: 2060-AV16
EPA--OAR
205. Revisions to the Air Emission Reporting Requirements (AERR) [2060-
AV41]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act
CFR Citation: 40 CFR 51.
Legal Deadline: None.
Abstract: On August 8, 2023 (88 FR 54118), the EPA proposed new
requirements to improve the quality and completeness of HAP emissions
data from stationary sources and all pollutant emissions from
prescribed fires. Specifically, the EPA is proposing to require certain
sources report information regarding emission of hazardous air
pollutants (HAP); certain sources to report criteria air pollutants,
their precursors and HAP; and to require State, local, and certain
tribal air agencies to report prescribed fire data. Further, EPA is
considering how best to quantify emissions from intermittent sources
such as backup generators; how to obtain data from permitted facilities
in Indian Country when a Tribe is not required to report emissions
data; and how to address known data gaps, streamline processes, and
improve data quality, documentation, and transparency for nonpoint and
mobile sources. The proposed revisions also include changes for
reporting data on airports, rail yards, commercial marine vessels,
locomotives, and nonpoint sources. This proposed action would allow for
EPA to annually collect (starting in 2027), hazardous air pollutant
(HAP) emissions data for point sources in addition to continuing the
criteria air pollutant and precursor (CAP) collection in place under
the existing AERR. The proposed amendments would ensure that EPA has
sufficient information to identify and solve air quality and exposure
problems and ensure that communities have the data needed to understand
significant environmental risks that may be impacting them.
Statement of Need: Since 2015, many aspects of emissions data
collection and use have evolved. The EPA has continued to review
hazardous air pollutant (HAP) emissions levels and associated public
health risk through the Residual Risk and Technology (RTR) program,
which in many cases has required Information Collection Requests (ICRs)
under Section 114 of the Act. Such collection efforts have proven very
time consuming and limited EPA's ability to act quickly. Furthermore,
as the EPA gains insight into the risks posed by certain chemicals,
such as Ethylene Oxide, we have found ourselves limited by the data
available on emissions sources. New compounds continue to be identified
as public health threats, such as per- and polyfluoroalkyl substances
(PFAS), which may be listed as HAPs in the
[[Page 9488]]
future. Currently, States are required to report the emissions from
sources in their state to EPA. In practice, that has meant emissions
are reported only for facilities permitted at the state level.
Facilities permitted at the federal level technically do not fall under
the reporting requirements, and consequently, some never report
emissions to the EPA, which does not allow for proper EPA and state
program implementation. Requiring HAPs for point sources is essential
to addressing continued public health risks and environmental justice
issues.
Summary of Legal Basis: Section 114(a)(1) of the CAA authorizes the
Administrator to, among other things, require certain persons
(explained below) on a one-time, periodic, or continuous basis to keep
records, make reports, undertake monitoring, sample emissions, or
provide such other information as the Administrator may reasonably
require. The EPA may require this information of any person who (i)
owns or operates an emission source, (ii) manufactures control or
process equipment, (iii) the Administrator believes may have
information necessary for the purposes set forth in CAA section 114, or
(iv) is subject to any requirement of the Act (except for manufacturers
subject to certain Title II requirements). The information may be
required for the purposes of developing an implementation plan, an
emission standard under sections 111, 112, or 129, determining if any
person is in violation of any standard or requirement of an
implementation plan or emissions standard, or ``carrying out any
provision' of the Act (except for a provision of Title II with respect
to manufacturers of new motor vehicles or new motor vehicle engines).
Alternatives: The EPA is also proposing options and alternatives
for consideration that may allow the States to report for owners/
operators of regulated facilities.
Anticipated Cost and Benefits: This action has an associated
Regulatory Impact Analysis (RIA), which describes the anticipated costs
and benefits of this proposed action. The RIA is summarized in this
action and provided in the docket for this action. This action's total
cost impact is estimated at $117.4 million on average annually from
2024 to 2026, and then is estimated at $477.9 million in 2027. All of
these costs are in 2021 dollars. The increase in costs for owners and
operators of affected sources in 2027 reflects full implementation of
the proposed rule if finalized for the entire population of affected
sources.
Risks: No risks are associated with this action as these are
proposed reporting requirements.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/09/23 88 FR 54118
NPRM Comment Period Extended........ 09/14/23 88 FR 63046
NPRM Comment Period End............. 10/18/23 .......................
Final Rule.......................... 07/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses, Governmental Jurisdictions.
Government Levels Affected: Local, State, Tribal.
Additional Information: EPA-HQ-OAR-2004-0489.
Agency Contact: Marc Houyoux, Environmental Protection Agency,
Office of Air and Radiation, C339-02, Research Triangle Park, NC 27711,
Phone: 919 541-3649, Fax: 919 541-0684, Email: [email protected].
RIN: 2060-AV41
EPA--OAR
206. Multi-Pollutant Emissions Standards for Model Years 2027 and Later
Light-Duty and Medium-Duty Vehicles [2060-AV49]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 7401 to 7671q
CFR Citation: 40 CFR 86; 40 CFR 600.
Legal Deadline: None.
Abstract: On April 12, 2023, EPA announced a proposal for new
multipollutant emissions standards to further reduce harmful air
pollutant emissions from light-duty passenger cars and light trucks and
Class 2b and 3 vehicles (``medium-duty vehicles'' or MDVs) under its
authority in section 202(a) of the Clean Air Act (CAA), 42 U.S.C.
7521(a), starting with model year 2027. The proposal builds upon EPA's
final standards for federal greenhouse gas emissions standards for
passenger cars and light trucks for model years 2023 through 2026. The
proposed standards would result in significant reductions in emissions
of criteria pollutants, GHGs, and air toxics, resulting in significant
benefits for public health and welfare. EPA also estimates that the
proposal would result in reduced vehicle operating costs for consumers.
The proposed standards would be phased in over model years 2027 through
2032. EPA conducted outreach with a wide range of interested
stakeholders to gather input which was considered in developing the
proposal, and will continue to engage with the public and all
interested stakeholders as part of our regulatory development process
as we develop the final rule.
Statement of Need: This action is consistent with President Biden's
Executive Order, ``Strengthening American Leadership in Clean Cars and
Trucks.''
Summary of Legal Basis: CAA section 202(a).
Alternatives: EPA requested comment to address alternative options
in the proposed rule.
Anticipated Cost and Benefits: EPA analyzed costs and benefits in
the proposed rule.
Risks: EPA evaluated the risks of this rulemaking in the proposed
rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/05/23 88 FR 29184
NPRM Comment Period End............. 07/05/23 .......................
Final Rule.......................... 03/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal.
Additional Information:
Sectors Affected: 811198 All Other Automotive Repair and
Maintenance; 336111 Automobile Manufacturing; 423110 Automobile and
Other Motor Vehicle Merchant Wholesalers; 811112 Automotive Exhaust
System Repair; 81111 Automotive Mechanical and Electrical Repair and
Maintenance; 336112 Light Truck and Utility Vehicle Manufacturing;
335312 Motor and Generator Manufacturing.
Agency Contact: Elizabeth Miller, Environmental Protection Agency,
Office of Air and Radiation, 2565 Plymouth Road, Ann Arbor, MI 48105,
Phone: 734 214-4703, Email: [email protected].
Jessica Mroz, Environmental Protection Agency, Office of Air and
Radiation, 1200 Pennsylvania Avenue NW, Washington, DC 20460, Phone:
202 564-1094, Email: [email protected].
RIN: 2060-AV49
EPA--OAR
207. Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles--Phase
3 [2060-AV50]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 21 U.S.C. 346a; 33 U.S.C. 1318; 33 U.S.C. secs.
1311, 1314,
[[Page 9489]]
1316, 1317, 1318, 1361; 15 U.S.C. 2003; 33 U.S.C. 1326; 42 U.S.C. 300f;
42 U.S.C. 242b; 33 U.S.C. 1342; 33 U.S.C. 1345; 42 U.S.C. 1857; 42
U.S.C. 7542; 42 U.S.C. 6901; 42 U.S.C. 9601; 49 U.S.C. 32901 to 32919q,
Pub. L. 109-58; 33 U.S.C. 1901; 42 U.S.C. 11023; 15 U.S.C. 2601
CFR Citation: 40 CFR 1037.1.
Legal Deadline: None.
Abstract: On April 12, 2023, EPA announced a proposal for more
stringent standards to reduce greenhouse gas emissions from HD vehicles
beginning in model year (MY) 2027. The new standards would be
applicable to HD vocational vehicles (such as delivery trucks, refuse
haulers, public utility trucks, transit, shuttle, school buses, etc.)
and tractors (such as day cabs and sleeper cabs on tractor-trailer
trucks). Specifically, EPA proposed stronger CO2 standards
for MY 2027 HD vehicles that go beyond the current standards that apply
under the HD Phase 2 Greenhouse Gas program. EPA also proposed an
additional set of CO2 standards for HD vehicles that would
begin to apply in MY 2028, with progressively more stringent standards
each model year through 2032. This proposed Phase 3'' greenhouse gas
program maintains the flexible structure created in EPA's Phase 2
greenhouse gas program, which is designed to reflect the diverse nature
of the heavy-duty industry. EPA has conducted outreach with a wide
range of interested stakeholders to gather input which we have
considered in developing this proposal, and we will continue to engage
with the public and all interested stakeholders as part of our
regulatory development process.
Statement of Need: This action is consistent with President Biden's
Executive Order, ``Strengthening American Leadership in Clean Cars and
Trucks.''
Summary of Legal Basis: CAA section 202(a).
Alternatives: EPA requested comment to address alternative options
in the proposed rule.
Anticipated Cost and Benefits: EPA analyzed costs and benefits in
the proposed rule.
Risks: EPA evaluated the risks of this rulemaking in the proposed
rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/27/23 88 FR 25926
NPRM Comment Period End............. 06/16/23
Final Rule.......................... 03/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: None.
Additional Information:
Sectors Affected: 811198 All Other Automotive Repair and
Maintenance; 336111 Automobile Manufacturing; 811112 Automotive Exhaust
System Repair; 336120 Heavy Duty Truck Manufacturing; 336112 Light
Truck and Utility Vehicle Manufacturing; 333618 Other Engine Equipment
Manufacturing; 336212 Truck Trailer Manufacturing.
Agency Contact: Alex Wang, Environmental Protection Agency, Office
of Air and Radiation, 2000 Traverwood Dr., Ann Arbor, MI 48105, Phone:
248 462-3947, Email: [email protected].
Tuana Phillips, Environmental Protection Agency, Office of Air and
Radiation, 1200 Pennsylvania NW, Washington, DC 20460, Phone: 202 565-
0074, Email: [email protected].
RIN: 2060-AV50
EPA--OAR
208. Reconsideration of the National Ambient Air Quality Standards for
Particulate Matter [2060-AV52]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act
CFR Citation: 40 CFR 50.
Legal Deadline: None.
Abstract: Under the Clean Air Act Amendments of 1977, EPA is
required to review and if appropriate revise the air quality criteria
for the primary (health-based) and secondary (welfare-based) national
ambient air quality standards (NAAQS) every 5 years. On December 18,
2020, the EPA published a final decision retaining the NAAQS for
particulate matter (PM), which was the subject of several petitions for
reconsideration as well as petitions for judicial review. As directed
in Executive Order 13990, ``Protecting Public Health and the
Environment and Restoring Science to Tackle the Climate Crisis,''
signed by President Biden on January 20, 2021, EPA is undertaking a
reconsideration of the December 2020 decision to retain the PM NAAQS
because the available scientific evidence and technical information
indicate that the current standards may not be adequate to protect
public health and welfare, as required by the Clean Air Act. As part of
this reconsideration, EPA developed a Supplement to the 2019 PM
Integrated Science Assessment (ISA) and a Policy Assessment to take
into account the most up-to-date science on public health impacts of PM
and engaged with the chartered Clean Air Scientific Advisory Committee
(CASAC) and a newly-constituted expert CASAC PM panel. The notice of
proposed rulemaking was signed on January 5, 2023, and a final rule
will be issued in fall 2023. EPA proposed to revise the level of the
primary annual PM2.5 standard from its current level of 12
[mu]g/m3 to within the range of 9-10 [mu]g/m3. EPA proposed to retain
all other PM NAAQS, including the primary and secondary 24-hour
PM2.5 standards, the primary and secondary 24-hour
PM10 standards, and the secondary annual PM2.5
standard. EPA also proposed revisions to the Air Quality Index (AQI)
and monitoring network requirements.
Statement of Need: Under the Clean Air Act Amendments of 1977, EPA
is required to review and if appropriate revise the air quality
criteria and national ambient air quality standards (NAAQS) every 5
years. On December 18, 2020, EPA published a final rule retaining the
NAAQS for particulate matter, without revision. On June 10, 2021, EPA
announced that it is reconsidering the December 2020 decision on the
air quality standards for PM.
Summary of Legal Basis: Under the Clean Air Act Amendments of 1977,
EPA is required to review and if appropriate revise the air quality
criteria and the primary (health-based) and secondary (welfare-based)
national ambient air quality standards (NAAQS) every 5 years.
Alternatives: The main alternative for the Administrator's decision
on the review of the national ambient air quality standards for
particulate matter is whether to retain or revise the existing
standards.
Anticipated Cost and Benefits: When the Agency proposes revisions
to the standards, the Agency prepares a Regulatory Impact Analysis
(RIA) to provide the public with illustrative estimates of the
potential costs and health and welfare benefits of attaining the
revised standards. However, the Clean Air Act makes clear that the
economic and technical feasibility of attaining standards are not to be
considered in setting or revising the NAAQS, although such factors may
be considered in the development of state plans to implement the
standards.
Risks: The reconsideration builds on the review completed in 2020,
which included the preparation by EPA of an Integrated Review Plan, an
Integrated Science Assessment, and a Policy Assessment, which includes
a risk/exposure assessment, with opportunities for review by the EPA's
Clean Air Scientific Advisory
[[Page 9490]]
Committee (CASAC) and the public. These documents informed the
Administrator's final decision to retain the PM standards in 2020. As a
part of the reconsideration, EPA prepared a Supplement to the 2019 PM
Integrated Science Assessment and a Policy Assessment, which was
reviewed at a public meeting by the CASAC. These documents informed the
Administrator's proposed decisions on whether to revise the PM NAAQS,
and the Administrator's final decisions on whether to revise the PM
NAAQS will take into consideration these documents, CASAC advice, and
public comment on the proposed decision.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/27/23 88 FR 5558
NPRM Comment Period End............. 03/28/23 .......................
Final Rule.......................... 12/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Additional Information: EPA-HQ-OAR-2015-0072.
Agency Contact: Nicole Hagan, Environmental Protection Agency,
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code C504-
06, Research Triangle Park, NC 27709, Phone: 919 541-3153, Email:
[email protected].
Karen Wesson, Environmental Protection Agency, Office of Air and
Radiation, 109 T.W. Alexander Drive, Mail Code C504-06, Research
Triangle Park, NC 27711, Phone: 919 541-3515, Email:
[email protected].
RIN: 2060-AV52
EPA--OAR
209. NESHAP: Coal- and Oil-Fired Electric Utility Steam Generating
Units--Review of the Residual Risk and Technology Review [2060-AV53]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 7401 to 7671q
CFR Citation: 40 CFR 63, subpart UUUUU.
Legal Deadline: None.
Abstract: On February 16, 2012, EPA promulgated National Emission
Standards for Hazardous Air Pollutants for Coal- and Oil-fired Electric
Utility Steam Generating Units (77 FR 9304). The rule (40 CFR part 63,
subpart UUUUU), commonly referred to as the Mercury and Air Toxics
Standards (MATS), includes standards to control hazardous air pollutant
(HAP) emissions from new and existing coal- and oil-fired electric
utility steam generating units (EGUs) located at both major and area
sources of HAP emissions. There have been several regulatory actions
regarding MATS since February 2012, including a May 22, 2020, action
that completed a reconsideration of the appropriate and necessary
finding for MATS and finalized the residual risk and technology review
(RTR) conducted for the Coal- and Oil-Fired EGU source category
regulated under MATS (85 FR 31286). The Biden Administration's
Executive Order 13990, Protecting Public Health and the Environment and
Restoring Science To Tackle the Climate Crisis, ``directs all executive
departments and agencies (agencies) to immediately review and, as
appropriate and consistent with applicable law, take action to address
the promulgation of Federal regulations and other actions during the
last 4 years that conflict with these important national objectives,
and to immediately commence work to confront the climate crisis.''
Section 2(a)(iv) of the Executive Order specifically directs that the
Administrator consider publishing, as appropriate and consistent with
applicable law, a proposed rule suspending, revising, or rescinding the
``National Emission Standards for Hazardous Air Pollutants: Coal- and
Oil-Fired Electric Utility Steam Generating Units--Reconsideration of
Supplemental Finding and Residual Risk and Technology Review,'' 85 FR
31286 (May 22, 2020). As directed by Executive Order 13990, EPA
reviewed the RTR portion of the May 22, 2020 final action and, proposed
to update and strengthen the MATS on April 24, 2023 (88 FR 24854). EPA
finalized the Revocation of the 2020 Reconsideration and Affirmation of
the Appropriate and Necessary Supplemental Finding on February 15, 2023
(88 FR 13956).
Statement of Need: Executive Order 13990, ``Protecting Public
Health and the Environment and Restoring Science To Tackle the Climate
Crisis,'' directs EPA to review the May 2020 RTR. EPA will issue the
results of the review in a notice of proposed rulemaking and will
solicit comment on the review.
Summary of Legal Basis: CAA section 112, 42 U.S.C. 7412, provides
the legal framework and basis for regulatory actions addressing
emissions of hazardous air pollutants from stationary sources.
Alternatives: EPA has evaluated several options for reviewing the
RTR and will take comment on the review.
Anticipated Cost and Benefits: EPA projects the present value of
net benefits to be $2.4 billion to $3.0 billion. This includes $1.2
billion to $1.9 billion in health benefits, $1.4 billion in climate
benefits, and compliance costs of $230 million to $330 million. EPA
projects the estimated annualized value net benefits to be $300 million
to $350 million. This includes $170 million to $220 million in health
benefits, $170 million in climate benefits, and compliance costs of $33
million to $38 million. EPA projects that the proposed changes would
result in the following emission reductions in the year 2035:
82 pounds of mercury
800 tons of fine particulate matter (PM2.5)
8,800 tons of sulfur dioxide
8,700 tons of nitrogen oxides
5 million tons of carbon dioxide
Risks: The results of the 2020 RTR showed that emissions of HAP
from coal- and oil-fired power plants have been reduced such that
residual risk is at in acceptable level. EPA reviewed the 2020 residual
risk assessment and determined the risk review was conducted using
approaches and methodologies that are consistent with prior risk
analyses and reviews for other industrial sectors. Although EPA is not
reopening the 2020 risk review, the proposed standards under the
technology review would achieve reductions in HAP emissions from power
plants and likely to reduce HAP exposures to affected populations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/24/23 88 FR 24854
Final Rule.......................... 04/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Federal, Local, State.
Additional Information: EPA-HQ-OAR-2018-0794.
Sectors Affected: 221122 Electric Power Distribution; 221112 Fossil
Fuel Electric Power Generation.
URL For More Information: https://www.epa.gov/stationary-sources-air-pollution/mercury-and-air-toxics-standards.
Agency Contact: Sarah Benish, Environmental Protection Agency,
Office of Air and Radiation, 109 T.W. Alexander Drive, Triangle Park,
NC 27711, Phone: 909 541-5620, Email: [email protected].
Nick Hutson, Environmental Protection Agency, Office of Air and
Radiation, 109 T.W. Alexander Drive, Mail Code D243-01, Research
Triangle Park, NC 27711, Phone: 919 541-2968,
[[Page 9491]]
Fax: 919 541-4991, Email: [email protected].
RIN: 2060-AV53
EPA--OAR
210. NSPS for the Synthetic Organic Chemical Manufacturing Industry and
NESHAP for the Synthetic Organic Chemical Manufacturing Industry and
Group I & II Polymers and Resins Industry [2060-AV71]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 7401 to 7671q; 42 U.S.C. 7401
CFR Citation: 40 CFR 63, subpart F; 40 CFR 63, subpart G; 40 CFR
63, subpart H; 40 CFR 63, subpart I; 40 CFR 63, subpart U; 40 CFR 63,
subpart W; 40 CFR 60, subpart VVa; 40 CFR 60, subpart III; 40 CFR 60,
subpart NNN; 40 CFR 60, subpart RRR.
Legal Deadline: NPRM, Judicial, December 16, 2022, Texas
Environmental Justice Advocacy Services et al. v. EPA, 1:20-cv-03733-
RJL consent Decree.
Final, Judicial, March 29, 2024, Texas Environmental Justice
Advocacy Services et al. v. EPA, 1:20-cv-03733-RJL consent Decree.
United States District Court for the District of Columbia, Texas
Environmental Justice Advocacy Services, California Communities Against
Toxics Environmental Integrity Project, Louisiana Environmental Action
Network, Ohio Valley Environmental Council, Rise St. James, and Sierra
Club Plaintiffs, v. United States Environmental Protection Agency,
Defendant. Civil Action No. 1:20-cv-03733-RJL.
Abstract: This action will address the agency's technology review
under Clean Air Act (CAA) section 112(d)(6) of the National Emission
Standards for Hazardous Air Pollutants (NESHAP) for four subparts in 40
CFR part 63 (subparts F, G, H, and I) which are commonly referred to
together as the Hazardous Organic NESHAP (HON) and that apply to the
Synthetic Organic Chemical Manufacturing Industry (SOCMI) and to
equipment leaks from certain non-SOCMI processes. This action will also
address the agency's technology review of the NESHAP for two subparts
in 40 CFR part 63 (subparts U and W) that apply to the Group I and
Group II Polymers and Resins industries. The HON standards were most
recently updated when the agency conducted a residual risk and
technology review (RTR) on December 21, 2006. Similarly, the Group I
and II Polymers and Resins NESHAP were most recently updated when the
agency conducted its RTR on December 16, 2008, and April 21, 2011. The
HON and Group I and II Polymers and Resins NESHAP contain maximum
achievable control technology (MACT) standards for controlling
emissions of hazardous air pollutants (HAP) from process vents, storage
vessels, transfer operations, heat exchange systems, wastewater
streams, and equipment leaks. The HAP emitted from these emission
sources include, but are not limited to, ethylene oxide, benzene, 1,3-
butadiene, vinyl chloride, ethylene dichloride, methanol, hexane,
toluene, xylenes, and chloroprene. The agency also plans to consider
risks from the SOCMI source category and from the Neoprene Production
source category in the Group I Polymers and Resins NESHAP during its
technology review and to ensure the standards continue to provide an
ample margin of safety to protect public health. Lastly, this action
will also address the agency's review, under CAA section 111(b)(1)(B),
of four New Source Performance Standards (NSPS) in 40 CFR part 60
(subparts III, NNN, RRR, and VVa) for emissions of Volatile Organic
Compound (VOC) from SOCMI air oxidation unit processes, SOCMI
distillation operations, SOCMI reactor processes, and equipment leaks
located at SOCMI sources. These subparts were originally promulgated
pursuant to section 111(b) of the CAA on June 29,1990 (subparts III and
NNN), August 31, 1993 (subpart RRR), and November 16, 2007 (subpart
VVa). On April 25, 2023, the EPA published a proposed rulemaking in the
Federal Register (see 88 FR 25080) for this action. In addition, the
EPA has conducted public outreach activities, including hosting an
informational webinar on April 13, 2023, and holding a public hearing
on the proposed rulemaking on May 16, 2023.
Statement of Need: The EPA has a mandatory duty under CAA section
111 to at least every 8 years, review and, if appropriate, revise its
NSPS governed by this section of the CAA. Similarly, EPA has a
mandatory duty under CAA section 112 to at least every 8 years, review,
and revise as necessary (taking into account developments in practices,
processes, and control technologies), its NESHAP promulgated under this
section of the CAA. Thus, this action will address EPA's mandatory
obligations to conduct such reviews for various NSPS (40 CFR part 60,
subparts III, NNN, RRR, and VVb) and NESHAP (40 CFR part 63, subparts
F, G, H, I, U and W) that apply to the chemical industry, for which EPA
is under a consent decree deadline to finalize such actions. The
proposed rulemaking for this action was previously published in the
Federal Register on April 25, 2023 (see 88 FR 25080).
Summary of Legal Basis: EPA has a mandatory duty to conduct reviews
of its NSPS and NESHAP under CAA sections 111 and 112, respectively, at
least every 8 years. Pursuant to a consent deadline of March 29, 2024,
the Administrator of EPA must sign a final rule containing any
revisions of EPA's review of various chemical sector rules, including
various NSPS (40 CFR part 60, subpart III, NNN, RRR, and VVb) and
NESHAP (40 CFR part 63, subparts F, G, H, I, U, and W) that apply to
the chemical industry.
Alternatives: None, as EPA has a mandatory duty to conduct its
review of these rules and is under a consent decree deadline to do so.
Anticipated Cost and Benefits: The anticipated costs and benefits
of the final action are to be determined. For the proposed action that
published in the Federal Register on April 25, 2023 (see 88 FR 25080),
EPA estimated the costs of implementing the proposed rules at
approximately $501 million in total capital costs and approximately
$190 million a year in total annualized costs. For benefits in the
proposed action, EPA also estimated the value of the health benefits of
reducing ozone as result of reducing VOC emissions. EPA estimates that
the value of those benefits would be $6.3 million in 2024 and could be
as much as $62 million (2021 dollars, 3 percent discount rate).
Risks: The EPA is conducting a discretionary residual risk
assessment in this action under CAA section 112(f)(2) to address
unacceptable risks from ethylene oxide and chloroprene emissions coming
from HON and Neoprene Production sources covered under the Group I
Polymers and Resins NESHAP, respectively.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/25/23 88 FR 25080
NPRM Comment Period End............. 06/26/23 .......................
Final Rule.......................... 03/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Sectors Affected: 3251 Basic Chemical Manufacturing; 325 Chemical
Manufacturing.
Agency Contact: Andrew Bouchard, Environmental Protection Agency,
Office of Air and Radiation, 109 T.W.
[[Page 9492]]
Alexander Drive, Mail Code E143-01, Research Triangle Park, NC 27709,
Phone: 919 541-4036, Email: [email protected].
Njeri Moeller, Environmental Protection Agency, Office of Air and
Radiation, E143-01, 109 T.W. Alexander Drive, Research Triangle Park,
NC 27711, Phone: 919 541-1380, Email: [email protected].
RIN: 2060-AV71
EPA--OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION (OCSPP)
Final Rule Stage
211. Methylene Chloride (MC); Regulation Under the Toxic Substances
Control Act (TSCA) [2070-AK70]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Unfunded Mandates: This action may affect the private sector under
Public Law 104-4.
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
CFR Citation: 40 CFR 751.
Legal Deadline: NPRM, Statutory, June 24, 2021, TSCA section 6(c).
Final, Statutory, June 24, 2022, TSCA section 6(c).
Abstract: On May 5, 2023, EPA proposed a rule under the Toxic
Substances Control Act (TSCA) to address the unreasonable risk of
injury to human health from methylene chloride. TSCA requires that EPA
address by rule any unreasonable risk of injury to health or the
environment identified in a TSCA risk evaluation and apply requirements
to the extent necessary so that the chemical no longer presents
unreasonable risk. Methylene chloride, also known as dichloromethane,
is acutely lethal, a neurotoxicant, a likely human carcinogen, and
presents cancer and non-cancer risks following chronic exposures as
well as acute risks. Central nervous system depressant effects can
result in loss of consciousness and respiratory depression, resulting
in irreversible coma, hypoxia, and eventual death, including 85
documented fatalities from 1980 to 2018, a majority of which were
occupational fatalities. Nevertheless, methylene chloride is still a
widely used solvent in a variety of consumer and commercial
applications including adhesives and sealants, automotive products, and
paint and coating removers. To address the identified unreasonable
risk, EPA proposed to: prohibit the manufacture, processing, and
distribution in commerce of methylene chloride for consumer use;
prohibit most industrial and commercial uses of methylene chloride;
require a workplace chemical protection program (WCPP), which would
include a requirement to meet inhalation exposure concentration limits
and exposure monitoring for certain continued conditions of use of
methylene chloride; require recordkeeping and downstream notification
requirements for several conditions of use of methylene chloride; and
provide certain time-limited exemptions from requirements for uses of
methylene chloride that would otherwise significantly disrupt national
security and critical infrastructure. The Agency's development of this
rule incorporated significant stakeholder outreach and public
participation, including public webinars and over 40 external meetings
as well as required Federalism, Tribal, and Environmental Justice
consultations and a Small Businesses Advocacy Review Panel. EPA's risk
evaluation, describing the conditions of use is in docket EPA-HQ-OPPT-
2019-0437, with the 2022 unreasonable risk determination and additional
materials in docket EPA-HQ-OPPT-2016-0742.
Statement of Need: This rulemaking is needed to address the
unreasonable risk from methylene chloride that was identified in a risk
evaluation completed under TSCA section 6(b). EPA reviewed the
exposures and hazards of methylene chloride, the magnitude of risk,
exposed populations, severity of the hazard, uncertainties, and other
factors. EPA sought input from the public and peer reviewers as
required by TSCA and associated regulations.
Summary of Legal Basis: In accordance with TSCA section 6(a), if
EPA determines in a final risk evaluation completed under TSCA 6(b)
that the manufacture, processing, distribution in commerce, use, or
disposal of a chemical substance or mixture, or that any combination of
such activities, presents an unreasonable risk of injury to health or
the environment, the Agency must issue regulations requiring one or
more of the following actions to the extent necessary so that the
chemical substance no longer presents an unreasonable risk: (1)
Prohibit or otherwise restrict manufacture, processing, or distribution
in commerce of the substance, or limit the amount of the substance
which may be manufactured, processed, or distributed in commerce; (2)
Prohibit or otherwise restrict manufacture, processing, or distribution
in commerce of the substance for a particular use or for a particular
use above a set concentration, or limit the amount of the substance
which may be manufactured, processed, or distributed in commerce for a
particular use or for a particular use above a set concentration; (3)
Require minimum warnings and instructions with respect to use,
distribution in commerce, or disposal; (4) Require recordkeeping or
testing by manufacturers or processors; (5) Prohibit or regulate any
manner or method of commercial use; (6) Prohibit or regulate any manner
or method of disposal for commercial purposes; and/or (7) Direct
manufacturers or processors to give notice of the unreasonable risk to
distributors, other persons and the public and replace or repurchase
the substance.
Alternatives: TSCA section 6(a) requires EPA to address by rule
chemical substances that the Agency determines present unreasonable
risk upon completion of a final risk evaluation. TSCA section 6(c)
requires EPA to consider one or more primary alternative regulatory
actions as part of the development of a proposed rule under TSCA
section 6(a). The primary alternative regulatory action for this
rulemaking would, like the proposed action, prohibit the manufacture,
processing, and distribution in commerce of methylene chloride for
consumer use; prohibit most industrial and commercial uses of methylene
chloride; require a workplace chemical protection program (WCPP), which
would include a requirement to meet inhalation exposure concentration
limits and exposure monitoring for certain continued conditions of use
of methylene chloride; require recordkeeping and downstream
notification requirements for several conditions of use of methylene
chloride; and provide certain time-limited exemptions from requirements
for uses of methylene chloride that would otherwise significantly
disrupt national security and critical infrastructure. This primary
alternative regulatory action includes longer compliance timeframes and
additional uses under workplace chemical protection program, in
comparison to the proposed action.
Anticipated Cost and Benefits: EPA's analysis of the incremental,
non-closure-related costs of this proposed rule is estimated to be
$13.2 million annualized over 20 years at a 3% discount rate and $14.5
million annualized over 20 years at a 7% discount rate. The proposed
rule involves health benefits for the American public, some of which
can be monetized and others that, while tangible and significant,
cannot be
[[Page 9493]]
monetized. Although some benefits cannot be quantified, they are not
necessarily less important than the quantified benefits. The monetized
benefits of this rule are approximately $17.7 to $18.5 million
annualized over 20 years at a 3% discount rate and $13.4 to $13.9
million annualized over 20 years at a 7% discount rate.
Risks: EPA determined that methylene chloride presents an
unreasonable risk to human health. EPA must issue risk management
requirements so that this chemical substance no longer presents an
unreasonable risk. For more information, visit: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-existing-chemicals-under-tsca.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/03/23 88 FR 28284
NPRM Comment Period End............. 07/03/23 .......................
Final Rule.......................... 03/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: Federal, State, Tribal.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
Additional Information: EPA-HQ-OPPT-2020-0465.
Sectors Affected: 325 Chemical Manufacturing.
URL For More Information: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-methylene-chloride.
Agency Contact: Ingrid Feustel, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, Mail Code 7404M,
1200 Pennsylvania Avenue NW, Washington, DC 20460, Phone: 202 564-3199,
Email: [email protected].
Joel Wolf, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7404M, Washington, DC 20460, Phone: 202 564-0432, Email:
[email protected].
RIN: 2070-AK70
EPA--OCSPP
212. Carbon Tetrachloride (CTC); Regulation Under the Toxic Substances
Control Act (TSCA) [2070-AK82]
Priority: Other Significant.
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
CFR Citation: 40 CFR 751.
Legal Deadline: NPRM, Statutory, November 4, 2021, TSCA section
6(c). Final, Statutory, November 4, 2022, TSCA section 6(c).
Abstract: The Environmental Protection Agency (EPA) proposed to
address the unreasonable risks of injury to health presented by carbon
tetrachloride (CTC) under its conditions of use as documented in EPA's
2020 Risk Evaluation for Carbon Tetrachloride and 2022 Revised
Unreasonable Risk Determination for Carbon Tetrachloride pursuant to
the Toxic Substances Control Act (TSCA). CTC is a volatile, organic
compound that is primarily used as a feedstock (i.e., processed as a
reactant) in the making of products such as refrigerants, aerosol
propellants, and foam-blowing agents. TSCA requires that EPA address by
rule any unreasonable risk of injury to health or the environment
identified in a TSCA risk evaluation and apply requirements to the
extent necessary so that the chemical no longer presents unreasonable
risk. EPA determined that CTC presents an unreasonable risk of injury
to health due to cancer from chronic inhalation and dermal exposures
and liver toxicity from chronic inhalation, chronic dermal, and acute
dermal exposures in the workplace. To address the identified
unreasonable risk under TSCA, EPA proposed to establish workplace
safety requirements for most conditions of use, including the condition
of use related to the making of low Global Warming Potential (GWP)
hydrofluoroolefins (HFOs), prohibit the manufacture (including import),
processing, distribution in commerce, and industrial/commercial use of
CTC for conditions of use where information indicates use of CTC has
already been phased out, and establish recordkeeping and downstream
notification requirements. The use of CTC in low GWP HFOs is
particularly important in the Agency's efforts to support the American
Innovation and Manufacturing Act of 2020 (AIM Act) and the Kigali
Amendment to the Montreal Protocol on Substances that Deplete the Ozone
Layer, which was ratified on October 26, 2022. The Agency's development
of this rule incorporates significant stakeholder outreach and public
participation. EPA engaged in discussions with industry, non-
governmental organizations, other government agencies, technical
experts and users of CTC, and the general public to hear from users,
academics, manufacturers, and members of the public health community
about practices related to commercial uses of CTC; public health
impacts of CTC; the importance of CTC in the various uses subject to
this proposed rule; frequently-used substitute chemicals or alternative
methods or lack thereof; engineering controls, administrative controls,
and personal protective equipment currently in use or feasibly
adoptable; and other risk-reduction approaches that may have already
been adopted or considered for industrial and commercial uses. EPA
conducted Federalism, Tribal, and Environmental Justice consultations
and a Small Businesses Advocacy Review Panel. EPA's risk evaluation for
CTC, describing CTC's conditions of use, is in docket EPA-HQ-OPPT-2019-
0499, with the December 2022 unreasonable risk determination and
additional information in docket EPA-HQ-OPPT-2016-0733.
Statement of Need: This rulemaking is needed to address the
unreasonable risks of Carbon Tetrachloride (CTC) that were identified
in a risk evaluation completed under TSCA section 6(b). EPA reviewed
the exposures and hazards of Carbon Tetrachloride uses, the magnitude
of risk, exposed populations, severity of the hazard, uncertainties,
and other factors. EPA sought input from the public and peer reviewers
as required by TSCA and associated regulations.
Summary of Legal Basis: In accordance with TSCA section 6(a), if
EPA determines in a final risk evaluation completed under TSCA 6(b)
that the manufacture, processing, distribution in commerce, use, or
disposal of a chemical substance or mixture, or that any combination of
such activities, presents an unreasonable risk of injury to health or
the environment, the Agency must issue regulations requiring one or
more of the following actions to the extent necessary so that the
chemical substance no longer presents an unreasonable risk: (1)
Prohibit or otherwise restrict manufacture, processing, or distribution
in commerce of the substance, or limit the amount of the substance
which may be manufactured, processed, or distributed in commerce; (2)
Prohibit or otherwise restrict manufacture, processing, or distribution
in commerce for a particular use or for a particular use above a set
concentration, or limit the amount of the substance which may
[[Page 9494]]
be manufactured, processed, or distributed in commerce for a particular
use or for a particular use above a set concentration; (3) Require
minimum warnings and instructions with respect to use, distribution in
commerce, or disposal; (4) Require recordkeeping or testing by
manufacturers or processors; (5) Prohibit or regulate any manner or
method of commercial use; (6) Prohibit or regulate any manner or method
of disposal for commercial purposes; and/or (7) Direct manufacturers or
processors to give notice of the unreasonable risk to distributors,
other persons, and the public and replace or repurchase the substance.
Alternatives: TSCA section 6(a) requires EPA to address by rule
chemical substances that the Agency determines present unreasonable
risk upon completion of a final risk evaluation. TSCA section 6(c)
requires that EPA consider one or more primary alternative regulatory
actions as part of the development of a proposed rule under TSCA
section 6(a). The proposed primary alternative regulatory action would
implement workplace chemical protection program (WCPP) requirements,
including requirements to meet an existing chemical exposure limit
(ECEL) and Direct Dermal Contact Controls (DDCC) to prevent direct
dermal contact in the workplace by separating, distancing, physically
removing, or isolating all person(s) from direct handling of CTC or
from contact with surfaces that may be contaminated with CTC (i.e.,
equipment or materials on which CTC may be present) under routine
conditions in the workplace, for those conditions of use that would
otherwise be prohibited under the proposed rule. The primary
alternative regulatory action would also require compliance with
prescriptive controls--specifically requirements for respirators and
dermal PPE--for those conditions of use where an ECEL and DDCC are the
proposed regulatory action and where PPE may address the unreasonable
risk. This approach differs from the proposed regulatory action because
it would not require the use of elimination, substitution, engineering
controls, and administrative controls, in accordance with the hierarchy
of controls, to the extent feasible as a means of controlling
inhalation and dermal exposures. The primary alternative regulatory
action would apply the same recordkeeping requirements, downstream
notification requirements, and compliance timeframes as those specified
in the proposed rule.
Anticipated Cost and Benefits: EPA's estimate of the incremental
costs of the proposed rule is $18.8 million per year annualized over
20-years at a 3% discount rate and $18.5 million per year at a 7%
discount rate. The costs are estimated as incremental to baseline
conditions, including current use of personal protective equipment. The
costs represent a high-end cost estimate because the high estimates for
the number of entities and workers affected by the regulation were
used. To the extent that EPA's approach overestimates the number of
entities subject to the regulation, actual realized costs of this
action will be lower. The monetized benefits of the proposed rule are
from avoided cases of adrenal and liver cancers. The estimated
monetized benefit of the proposed regulatory action ranges from
approximately $0.09 to $0.1 million per year annualized over 20-years
at a 3% discount rate and from $0.04 to $0.07 million per year at a 7%
discount rate. There are also non-monetized benefits due to other
potential avoided adverse health effects associated with CTC exposure,
including liver, reproductive, renal, developmental, and central
nervous system (CNS) toxicity endpoints.
Risks: As EPA determined in the TSCA section 6(b) risk evaluation,
Carbon Tetrachloride presents unreasonable risks to human health. EPA
must issue risk management requirements so that this chemical substance
no longer presents an unreasonable risk. For more information, visit:
https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-existing-chemicals-under-tsca.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/28/23 88 FR 49180
Final Rule.......................... 08/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
Additional Information: EPA-HQ-OPPT-2020-0592.
Sectors Affected: 325199 All Other Basic Organic Chemical
Manufacturing; 325998 All Other Miscellaneous Chemical Product and
Preparation Manufacturing; 327310 Cement Manufacturing; 325 Chemical
Manufacturing; 325194 Cyclic Crude, Intermediate, and Gum and Wood
Chemical Manufacturing; 327992 Ground or Treated Mineral and Earth
Manufacturing; 562211 Hazardous Waste Treatment and Disposal; 325120
Industrial Gas Manufacturing; 331410 Nonferrous Metal (except Aluminum)
Smelting and Refining; 327 Nonmetallic Mineral Product Manufacturing;
325180 Other Basic Inorganic Chemical Manufacturing; 325320 Pesticide
and Other Agricultural Chemical Manufacturing; 325110 Petrochemical
Manufacturing; 325211 Plastics Material and Resin Manufacturing; 331
Primary Metal Manufacturing; 562213 Solid Waste Combustors and
Incinerators; 562 Waste Management and Remediation Services.
URL For More Information: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-carbon-tetrachloride.
Agency Contact: Claudia Menasche, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania
Avenue NW, Mail Code 7405M, Washington, DC 20460, Phone: 202 564-3391,
Email: [email protected].
Ana Corado, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7404M, Washington, DC 20460, Phone: 202 564-0140, Email:
[email protected].
RIN: 2070-AK82
EPA--OCSPP
213. Perchloroethylene (PCE); Regulation Under the Toxic Substances
Control Act (TSCA) [2070-AK84]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
CFR Citation: 40 CFR 751.
Legal Deadline: NPRM, Statutory, December 28, 2021, TSCA sec. 6(c).
Final, Statutory, December 28, 2021, TSCA sec. 6(c).
Abstract: On June 16, 2023, EPA proposed a rule under the Toxic
Substances Control Act (TSCA) to address the unreasonable risk of
injury to health from perchloroethylene (PCE). TSCA requires that EPA
address by rule any unreasonable risk identified in a TSCA risk
evaluation and apply requirements to the extent necessary so the
chemical no longer presents unreasonable risk. PCE is a widely used
solvent in a variety of occupational and consumer applications
including fluorinated compound production, petroleum manufacturing, dry
cleaning,
[[Page 9495]]
and aerosol degreasing. EPA determined that PCE presents an
unreasonable risk of injury to health due to the significant adverse
health effects associated with exposure to PCE, including neurotoxicity
effects from acute and chronic inhalation exposures and dermal
exposures, and cancer from chronic inhalation exposures to PCE. TSCA
requires that EPA address by rule any unreasonable risk of injury to
health or the environment identified in a TSCA risk evaluation and
apply requirements to the extent necessary so the chemical no longer
presents unreasonable risk. PCE, also known as perc and
tetrachloroethylene, is a neurotoxicant and a likely human carcinogen.
Neurotoxicity, in particular impaired visual and cognitive function and
diminished color discrimination, are the most sensitive adverse effects
driving the unreasonable risk of PCE, and other adverse effects
associated with exposure include central nervous system depression,
kidney and liver effects, immune system toxicity, developmental
toxicity, and cancer. To address the identified unreasonable risk, EPA
proposed to prohibit most industrial and commercial uses of PCE; the
manufacture (including import), processing, and distribution in
commerce of PCE for the prohibited industrial and commercial uses; the
manufacture (including import), processing, and distribution in
commerce of PCE for all consumer use; and, the manufacture (including
import), processing, distribution in commerce, and use of PCE in dry
cleaning and related spot cleaning through a 10-year phaseout. For
certain conditions of use that would not be subject to a prohibition,
EPA also proposed to require a PCE workplace chemical protection
program that includes requirements to meet an inhalation exposure
concentration limit and prevent direct dermal contact. EPA also
proposed to require prescriptive workplace controls for laboratory use,
and to establish recordkeeping and downstream notification
requirements. Additionally, EPA proposed to provide certain time-
limited exemptions from requirements for certain critical or essential
emergency uses of PCE for which no technically and economically
feasible safer alternative is available. The Agency's development of
this rule incorporated significant stakeholder outreach and public
participation, including public webinars and over 40 external meetings
as well as required Federalism, Tribal, and Environmental Justice
consultations and a Small Businesses Advocacy Review Panel. EPA's risk
evaluation for PCE, describing the conditions of use is in docket EPA-
HQ-OPPT-2019-0502, with the 2022 unreasonable risk determination and
additional materials in docket EPA-HQ-OPPT-2016-0732.
Statement of Need: This rulemaking is needed to address the
unreasonable risk from PCE that was identified in a risk evaluation
completed under TSCA section 6(b). EPA reviewed the exposures and
hazards of PCE, the magnitude of risk, exposed populations, severity of
the hazard, uncertainties, and other factors. EPA sought input from the
public and peer reviewers as required by TSCA and associated
regulations.
Summary of Legal Basis: In accordance with TSCA section 6(a), if
EPA determines in a final risk evaluation completed under TSCA 6(b)
that the manufacture, processing, distribution in commerce, use, or
disposal of a chemical substance or mixture, or that any combination of
such activities, presents an unreasonable risk of injury to health or
the environment, the Agency must issue regulations requiring one or
more of the following actions to the extent necessary so that the
chemical substance no longer presents an unreasonable risk: (1)
Prohibit or otherwise restrict manufacture, processing, or distribution
in commerce of the substance, or limit the amount of the substance
which may be manufactured, processed, or distributed in commerce; (2)
Prohibit or otherwise restrict manufacture, processing, or distribution
in commerce of the substance for a particular use or for a particular
use above a set concentration, or limit the amount of the substance
which may be manufactured, processed, or distributed in commerce for a
particular use or for a particular use above a set concentration; (3)
Require minimum warnings and instructions with respect to use,
distribution in commerce, or disposal; (4) Require recordkeeping or
testing by manufacturers or processors; (5) Prohibit or regulate any
manner or method of commercial use; (6) Prohibit or regulate any manner
or method of disposal for commercial purposes; and/or (7) Direct
manufacturers or processors to give notice of the unreasonable risk to
distributors, other persons and the public and replace or repurchase
the substance.
Alternatives: TSCA section 6(a) requires EPA to address by rule
chemical substances that the Agency determines present unreasonable
risk upon completion of a final risk evaluation. TSCA section 6(c)
requires EPA to consider one or more primary alternative regulatory
actions as part of the development of a proposed rule under TSCA
section 6(a). The primary alternative regulatory action for this
rulemaking includes longer compliance timeframes and prohibits fewer
uses than the proposed regulatory action. This primary alternative
regulatory action would prohibit most industrial and commercial uses of
PCE; prohibit the manufacture (including import), processing, and
distribution in commerce of PCE for the prohibited industrial and
commercial uses; prohibit the manufacture (including import),
processing, and distribution in commerce of PCE for all consumer use;
prohibit the manufacture (including import), processing, distribution
in commerce, and use of PCE in dry cleaning and related spot cleaning
through a 15-year phaseout; require prescriptive workplace controls for
certain conditions of use; and require a workplace chemical protection
program for certain conditions of use. The second alternative
regulatory action for this rulemaking includes shorter compliance
timeframes and prohibits more uses than the proposed regulatory action.
This second alternative regulatory action would prohibit most
industrial and commercial uses of PCE; prohibit the manufacture
(including import), processing, and distribution in commerce of PCE for
the prohibited industrial and commercial uses; prohibit the manufacture
(including import), processing, and distribution in commerce of PCE for
all consumer use; prohibit the manufacture (including import),
processing, distribution in commerce, and use of PCE in dry cleaning
and related spot cleaning through a 5-year phaseout; require a
workplace chemical protection program that includes requirements to
meet an inhalation exposure concentration limit and prevent direct
dermal contact for certain conditions of use; require prescriptive
workplace controls for laboratory use; and provide certain time-limited
exemptions from requirements for several conditions of use of PCE that
would otherwise significantly disrupt national security or critical
infrastructure.
Anticipated Cost and Benefits: The monetized costs for this
proposed rule are estimated to range from $14.0 million annualized over
20 years at a 3% discount rate and $14.3 million annualized over 20
years at a 7% discount rate. The monetized benefits are estimated to be
$10.2 to $46.3 million annualized over 20 years at a 3% discount rate
and $4.72 million to $29.4 million annualized over 20 years
[[Page 9496]]
at a 7% discount rate. EPA believes that the balance of costs and
benefits of this proposal cannot be fairly described without
considering the additional, non-monetized benefits of mitigating the
non-cancer adverse effects. These effects may include neurotoxicity,
kidney toxicity, liver toxicity, immunological and hematological
effects, reproductive effects, and developmental effects.
Risks: EPA determined that PCE presents an unreasonable risk to
human health. EPA must issue risk management requirements so that this
chemical substance no longer presents an unreasonable risk. For more
information, visit: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-existing-chemicals-under-tsca.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/16/23 88 FR 39652
NPRM Comment Period End............. 08/15/23 .......................
Final Rule.......................... 07/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Businesses.
Government Levels Affected: Federal, State.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
Additional Information: EPA-HQ-OPPT-2020-0720.
Sectors Affected: 325 Chemical Manufacturing.
URL For More Information: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-perchloroethylene.
Agency Contact: Kelly Summers, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania
Avenue NW, Mail Code 7405M, Washington, DC 20460, Phone: 202 564-2201,
Email: [email protected].
Joel Wolf, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7404M, Washington, DC 20460, Phone: 202 564-0432, Email:
[email protected].
RIN: 2070-AK84
EPA--OCSPP
214. Asbestos Part 1 (Chrysotile Asbestos); Regulation of Certain
Conditions of Use Under the Toxic Substances Control Act (TSCA) [2070-
AK86]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Unfunded Mandates: This action may affect the private sector under
Public Law 104-4.
Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
CFR Citation: 40 CFR 751.
Legal Deadline: NPRM, Statutory, December 28, 2021, TSCA sec. 6(c).
Final, Statutory, December 28, 2022, TSCA sec. 6(c).
Abstract: This action will address the unreasonable risk of injury
to health presented by conditions of use of chrysotile asbestos.
Section 6(a) of the Toxic Substances Control Act (TSCA) requires that
EPA address by rule any unreasonable risk identified in a TSCA risk
evaluation and apply requirements to the extent necessary so that the
relevant chemical substance no longer presents such risk. Therefore, to
address the unreasonable risk identified in the TSCA Risk Evaluation
for Asbestos, Part 1: Chrysotile Asbestos, EPA proposed on April 12,
2022, to prohibit manufacture (including import), processing,
distribution in commerce and commercial use of chrysotile asbestos for
chrysotile asbestos diaphragms for use in the chlor-alkali industry,
chrysotile asbestos-containing sheet gaskets used in chemical
production, chrysotile asbestos-containing brake blocks used in the oil
industry, aftermarket automotive chrysotile asbestos-containing brakes/
linings, other chrysotile asbestos-containing vehicle friction
products, and other chrysotile asbestos-containing gaskets. EPA also
proposed to prohibit manufacture (including import), processing, and
distribution in commerce of aftermarket automotive chrysotile asbestos-
containing brakes/linings for consumer use, and other chrysotile
asbestos-containing gaskets for consumer use. Finally, EPA also
proposed disposal and recordkeeping requirements for these conditions
of use. EPA is reviewing the comments received and intends to develop a
final rule.) EPA consulted with State, local and Tribal governments,
and conducted extensive public outreach during the development of this
rulemaking. EPA held discussions with industry, non-governmental
organizations, other national governments, asbestos experts, other
government agencies, users of chrysotile asbestos, and the general
public on how long industry would need to implement a prohibition.
These meetings helped to inform the timeline for implementation of a
prohibition, EPA's understanding of how companies currently protect
workers and the extent to which each industry uses asbestos-free
technology. EPA also held a public webinar to provide an overview of
the TSCA risk management process including the findings in the Part 1
risk evaluation. In addition, EPA published a notice of data
availability on March 17, 2023 to solicit public comments on additional
data received by EPA related to the proposed rule. The additional data
pertain to chrysotile asbestos diaphragms used in the chlor-alkali
industry and chrysotile asbestos-containing sheet gaskets used in
chemical production and may be used by EPA in the development of the
final rule, including EPA's determination of what constitutes as soon
as practicable'' with regard to the proposed chrysotile asbestos
prohibition compliance dates for these uses. EPA is reviewing the
comments received and intends to develop a final rule.
Statement of Need: This rulemaking is needed to address the
unreasonable risk of chrysotile asbestos identified in the Risk
Evaluation for Asbestos Part I: Chrysotile Asbestos completed under
TSCA section 6(b). EPA reviewed the exposures and hazards of the
chrysotile asbestos uses evaluated in the risk evaluation, the
magnitude of risk, exposed populations, severity of the hazard,
uncertainties, and other factors. EPA sought input from the public and
peer reviewers as required by TSCA and associated regulations.
Summary of Legal Basis: In accordance with TSCA section 6(a), if
EPA determines in a final risk evaluation completed under TSCA 6(b)
that the manufacture, processing, distribution in commerce, use, or
disposal of a chemical substance or mixture, or that any combination of
such activities, presents an unreasonable risk of injury to health or
the environment, the Agency must issue regulations requiring one or
more of the following actions to the extent necessary so that the
chemical substance no longer presents an unreasonable risk: (1)
Prohibit or otherwise restrict manufacture, processing, or distribution
in commerce; (2) Prohibit or otherwise restrict for a particular use or
above a set concentration; (3) Require minimum warnings and
instructions with respect to use, distribution in commerce, or
disposal; (4) Require recordkeeping or testing; (5) Prohibit or
regulate any manner or method of commercial use; (6) Prohibit or
regulate any manner or
[[Page 9497]]
method of disposal; and/or (7) Direct manufacturers or processors to
give notice of the unreasonable risk to distributors and replace or
repurchase products if required.
Alternatives: TSCA section 6(a) requires EPA to address by rule
chemical substances that the Agency determines present unreasonable
risk upon completion of a final risk evaluation. As required under TSCA
section 6(c), EPA considered one or more primary alternative regulatory
actions as part of the development of the proposed rule. The primary
alternative regulatory action considered by EPA in the proposed rule is
to: prohibit manufacture (including import), processing, distribution
in commerce and commercial use of chrysotile asbestos in bulk form or
as part of: Chrysotile asbestos diaphragms in the chlor-alkali industry
and for chrysotile asbestos-containing sheet gaskets in chemical
production (with prohibitions taking effect five years after the
effective date of the final rule) and require, prior to the prohibition
taking effect, compliance with an existing chemicals exposure limit
(ECEL) for the processing and commercial use of chrysotile asbestos for
these uses; and to prohibit manufacture (including import), processing,
distribution in commerce, and commercial use of chrysotile asbestos-
containing brake blocks in the oil industry; aftermarket automotive
chrysotile asbestos-containing brakes/linings; and other vehicle
friction products (with prohibitions taking effect two years after the
effective date of the final rule and with additional requirements for
disposal). The primary alternative regulatory action considered in the
proposed rule also included prohibitions on manufacture (including
import), processing, and distribution in commerce of aftermarket
automotive chrysotile asbestos-containing brakes/linings for consumer
use and other chrysotile asbestos-containing gaskets for consumer use
(with prohibitions taking effect two years after the effective date of
the final rule). The primary alternative regulatory action also would
require disposal of chrysotile asbestos-containing materials in a
manner identical to the proposed option, with additional provisions for
downstream notification and signage and labeling. EPA did not consider
additional alternative regulatory actions in the proposed rule.
Anticipated Cost and Benefits: As estimated in the proposed rule,
converting the asbestos diaphragm cells to membrane cells in response
to the proposed rule is predicted to require an incremental investment
of approximately $1.8 billion across all nine plants predicted to be
using asbestos diaphragms when the rule goes into effect. Compared to
this baseline trend, the incremental net effect of the proposed rule on
the chlor-alkali industry over a 20-year period using a 3 percent
discount rate is estimated to range from an annualized cost of about
$49 million per year to annualized savings of approximately $35 million
per year, depending on whether the higher grade of caustic soda
produced by membrane cells continues to command a premium price. Using
a 7 percent discount rate, the incremental annualized net effect ranges
from a cost of $87 million per year to savings of approximately $40,000
per year, again depending on whether there are revenue gains from the
caustic soda production. EPA also estimates that approximately 1,800
sets of automotive brakes or brake linings containing asbestos may be
imported into the U.S. each year, representing 0.002% of the total U.S.
market for aftermarket brakes. The cost of a prohibition would be
minimal due to the ready availability of alternative products that are
only slightly more expensive (an average cost increase of $4 per
brake). The proposed rule is estimated to result in total annualized
costs for aftermarket automotive brakes of approximately $25,000 per
year using a 3% discount rate and $18,000 per year using a 7% discount
rate. EPA did not have information to estimate the costs of prohibiting
asbestos for the remaining uses subject to the proposed rule (sheet
gaskets used in chemical production, brake blocks in the oil industry,
other vehicle friction products, or other gaskets), so there are
additional unquantified costs. EPA believes that the use of these
asbestos-containing products has declined over time, and that they are
now used in at most small segments of the industries. EPA's Economic
Analysis for the proposed rule quantified the benefits from avoided
cases of lung cancer, mesothelioma, ovarian cancer, and laryngeal
cancer due to reduced asbestos exposures to workers, occupational non-
users (ONUs), and DIYers related to the rule's requirements for chlor-
alkali diaphragms, sheet gaskets for chemical production, and
aftermarket brakes. The combined national quantified benefits of
avoided cancer cases associated with these products are approximately
$3,100 per year using a 3% discount rate and $1,200 per year using a 7%
discount rate, based on the cancer risk estimates from the Part 1 risk
evaluation. EPA did not estimate the aggregate benefits of the
requirements for oilfield brake blocks, other vehicle friction products
or other gaskets because the Agency did not have sufficient information
on the number of individuals likely to be affected by the proposed
rule. Thus, as proposed, the rule may yield additional unquantified
benefits from reducing exposures associated with these uses. There
would also be unquantified benefits due to other avoided adverse health
effects associated with asbestos exposure including respiratory effects
(e.g., asbestosis, non-malignant respiratory disease, deficits in
pulmonary function, diffuse pleural thickening and pleural plaques) and
immunological and lymphoreticular effects. In addition to the benefits
of avoided adverse health effects associated with chrysotile asbestos
exposure, the proposed rule is expected to generate significant
benefits from reduced air pollution associated with electricity
generation. Based on a sensitivity screening-level analysis that EPA
conducted, converting asbestos diaphragm cells to membrane cells could
yield tens of millions of dollars per year in environmental and health
benefits from reduced emissions of particulate matter, sulfur dioxide,
nitrogen oxides, and carbon dioxide.
Risks: In the TSCA Risk Evaluation for Asbestos, Part 1: Chrysotile
Asbestos, EPA determined there is unreasonable risk of injury to health
from conditions of use of chrysotile asbestos. The health endpoint
driving EPA's determination of unreasonable risk for chrysotile
asbestos under the conditions of use is cancer from inhalation
exposure. This unreasonable risk includes the risk of mesothelioma,
lung cancer, and other cancers from chronic inhalation.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/12/22 87 FR 21706
Notice of Data Availability......... 03/17/23 88 FR 16389
Final Rule.......................... 01/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses.
Government Levels Affected: Federal.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
International Impacts: This regulatory action will be likely to
have international trade and investment effects, or otherwise be of
international interest.
Additional Information: EPA-HQ-OPPT-2021-0057.
Sectors Affected: 8111 Automotive Repair and Maintenance; 325
Chemical
[[Page 9498]]
Manufacturing; 332 Fabricated Metal Product Manufacturing; 339991
Gasket, Packing, and Sealing Device Manufacturing; 4231 Motor Vehicle
and Motor Vehicle Parts and Supplies Merchant Wholesalers; 441 Motor
Vehicle and Parts Dealers; 211 Oil and Gas Extraction; 336
Transportation Equipment Manufacturing.
URL For More Information: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-asbestos-part-1-chrysotile-asbestos.
Agency Contact: Peter Gimlin, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania
Avenue NW, Mail Code 7404M, Washington, DC 20460, Phone: 202 566-0515,
Fax: 202 566-0473, Email: [email protected].
Ana Corado, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7404M, Washington, DC 20460, Phone: 202 564-0140, Email:
[email protected].
RIN: 2070-AK86
EPA--OCSPP
215. Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead
Post Abatement Clearance Levels [2070-AK91]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Unfunded Mandates: This action may affect State, local or tribal
governments and the private sector.
Legal Authority: 15 U.S.C. 2681; 15 U.S.C. 2682; 15 U.S.C. 2683; 15
U.S.C. 2684; 15 U.S.C. 2686; 42 U.S.C. 4851b; 42 U.S.C. 4852d
CFR Citation: 40 CFR 745.
Legal Deadline: None.
Abstract: Addressing childhood lead exposure is a priority for the
Environmental Protection Agency (EPA). This rule addresses health
concerns for all affected communities, including children living in
communities with environmental justice concerns, who have significantly
higher blood lead levels (BLLs) than other children. As part of EPA's
efforts to reduce childhood lead exposure, and in accordance with a
U.S. Court of Appeals for the Ninth Circuit 2021 opinion, EPA proposed
to lower the dust-lead hazard standards (DLHS) from 10 micrograms per
square foot ([mu]g/ft2) and 100 [mu]g/ft2 for floors and window sills
to any reportable level as analyzed by a laboratory recognized by EPA's
National Lead Laboratory Accreditation Program. This is a non-numeric
value that the Agency refers to as greater than zero [mu]g/ft2 and may
vary based on laboratory or test. While EPA's DLHS do not compel
property owners or occupants to evaluate their property for lead-based
paint (LBP) hazards nor take control actions (40 CFR 745.61(c)), if an
LBP activity such as an abatement is performed, then EPA's regulations
set requirements for doing so (40 CFR 745.220(d)). EPA also proposed to
change the dust-lead clearance levels (DLCL), which are the values used
to determine when abatement work can be considered complete, from 10
[mu]g/ft2, 100 [mu]g/ft2 and 400 [mu]g/ft2 for floors, window sills,
and window troughs to 3 [mu]g/ft2, 20 [mu]g/ft2, and 25 [mu]g/ft2,
respectively. Under this proposal, the DLHS for floors and window sills
would not be the same as the DLCL for floors and window sills (i.e.,
the DLHS and DLCL would be decoupled). Accordingly, dust-lead hazards
could remain after an abatement due to the different statutory
direction that Congress provided EPA with respect to the DLCL.
Additionally, EPA proposed to change the definition of abatement so
that the recommendation for action applies when dust-lead loadings are
at or above the DLCL, as well as several other amendments, including
revising the definition of target housing to conform with the statute.
The Agency consulted with State, local and Tribal government officials
during the rulemaking, and held a public webinar in summer of 2023.
Statement of Need: On July 9, 2019, EPA promulgated a final rule to
lower the DLHS from 40 micrograms of lead per square foot ([mu]g/ft2)
to 10 [mu]g/ft2 for floors, and from 250 [mu]g/ft2 to 100 [mu]g/ft2 for
window sills. EPA's dust-lead clearance levels (DLCL) indicate the
amount of lead in dust on a surface following the completion of an
abatement activity. On January 6, 2021, EPA promulgated a final rule to
lower the DLCL from 40 [mu]g/ft2 to 10 [mu]g/ft2 for floors, and from
250 [mu]g/ft2 to 100 [mu]g/ft2 for window sills. The Agency began a
reconsideration of the July 2019 and January 2021 final rules in
keeping with Executive Order 13990 (addressing the protection of public
health and the environment and restoring science to tackle the climate
crisis). In addition, on May 14, 2021, the United States Court of
Appeals for the Ninth Circuit issued an opinion to remand without
vacatur the 2019 DLHS final rule and directed EPA to reconsider the
2019 DLHS rule in conjunction with a reconsideration of the DLCL. EPA
proposed its reconsideration rule on August 1, 2023.
Summary of Legal Basis: EPA proposed this rule under the authority
of sections 401, 402, 403, 404, and 406 of the Toxic Substances Control
Act (TSCA), 15 U.S.C. 2601 et seq., as amended by Title X of the
Housing and Community Development Act of 1992 (also known as the
Residential Lead-Based Paint Hazard Reduction Act of 1992 or ``Title
X'') (Pub. L. 102-550), and section 237(c) of Title II of Division K of
the Consolidated Appropriations Act, 2017 (Pub. L. 115-31), as well as
sections 1004 and 1018 of Title X (42 U.S.C. 4851b, 4852d), as amended
by section 237(b) of Title II of Division K of the Consolidated
Appropriations Act, 2017.
Alternatives: EPA considered 2 alternative approaches for revising
the DLHS and 1 alternative approach for revising the DLCL. One of the
alternative approaches for revising the DLHS is a numeric standard
based on the probability of exceedance of one or more IQ or BLL metrics
as determined by the Agency. The other alternative approach for
revising the DLHS would use the background dust-lead levels of housing
built in 1978 and beyond as the DLHS (known as ``post-1977
background''). For the numeric standard approach, EPA evaluated several
numeric DLHS candidates that the Agency believed to be appropriate
given the health and exposure metrics of interest. The numeric DLHS
candidates were 1/10 [mu]g/ft2 (i.e., 1 [mu]g/ft2 for floors and 10
[mu]g/ft2 for sills), 2/20 [mu]g/ft2, 3/30 [mu]g/ft2, and 5/40 [mu]g/
ft2 and those values were compared to the specified BLL and IQ metrics
to estimate the probability of exceeding the BLL or IQ targets. The
post-1977 background approach would establish the DLHS for target
housing and COFs using post-1977 background dust-lead levels, and
address disparities in the dust-lead levels that children in target
housing may be exposed to and the corresponding disparate health risks.
This approach would also align with the focus of Title X on lead
hazards in housing constructed before 1978. Using this approach, DLHS
would be established at 0.2 [mu]g/ft2 for floors and 0.8 [mu]g/ft2 for
window sills as the dust-lead levels that would result in adverse human
health effects. The alternative approach EPA considered for revising
the DLCL would be to employ the current enforceable levels established
by the New York City Department of Health and Mental Hygiene of 5
[mu]g/ft2 for floors, 40 [mu]g/ft2 for window sills and 100 [mu]g/ft2
for window troughs.
Anticipated Cost and Benefits: EPA analyzed the potential
incremental impacts associated with this rulemaking. The analysis
focused specifically on the subset of target
[[Page 9499]]
housing and child-occupied facilities affected by this rulemaking.
Although the DLHS and DLCL do not compel specific actions under the LBP
Activities Rule to address identified LBP hazards, the DLHS and DLCL
are directly incorporated by reference into certain requirements
mandated by HUD in the housing subject to HUD's Lead Safe Housing Rule
(LSHR). As such, the analysis estimates incremental costs and benefits
for two categories of events: (1) where dust-wipe testing occurs to
comply with the LSHR and (2) where dust wipe testing occurs in response
to blood lead testing that detects a blood lead level (BLL) above state
or Federal action levels. This rule would result in reduced exposure to
lead, yielding benefits to residents of pre-1978 housing from avoided
adverse health effects. For the subset of adverse health effects that
were quantified (i.e., the effect of avoided IQ decreases on lifetime
earnings as an indicator of improved cognitive function), the estimated
monetized and annualized benefits are $1.069 billion to $4.684 billion
per year using a 3% discount rate, and $231 million to $1.013 billion
per year using a 7% discount rate. These benefits calculations are
sensitive to the discount rate used and the range in the estimated
number of lead hazard reduction events triggered by children with
tested BLLs above state or Federal action levels. With respect to the
latter, the wide range is driven largely by uncertainty about the BLLs
at which action might be taken, since in many states the action level
is currently higher than the Federal blood lead reference value.
Additionally, there are unquantified benefits. These additional
benefits include avoided adverse health effects in children, including
decreased attention-related behavioral problems, decreased cognitive
performance, reduced post-natal growth, delayed puberty, and decreased
kidney function. These additional unquantified benefits also include
avoided adverse health effects in adults, including cardiovascular
mortality and impacts on reproductive function and outcomes. This rule
is estimated to result in quantified costs of $536 million to $784
million per year using both a 3% and a 7% discount rate. These costs
are expected to accrue to landlords, owners and operators of child-
occupied facilities, residential remodelers, and abatement firms. Real
estate agents and brokers may incur negligible costs related to the
target housing definition amendment. The cost calculations are highly
sensitive to the range in the estimated number of lead hazard reduction
events triggered by children with elevated BLLs. In the events affected
by this rule, incremental costs can be incurred for specialized
cleaning used to reduce dust-lead loadings (i.e., quantity of lead per
unit of surface area) to below the clearance levels. In some instances,
floors will also be sealed, overlaid, or replaced, or window sills will
be sealed or repainted. Additional costs may result from the retesting
of lead dust levels. Because of the lower laboratory reporting limits
necessary for testing lead dust levels under this rule, incremental
laboratory test costs are likely to increase.
Risks: This rulemaking addresses the risk of adverse health effects
associated with dust-lead exposures in children living in pre-1978
housing and child-occupied facilities, as well as associated potential
health effects in this subpopulation.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/01/23 88 FR 50444
Final Rule.......................... 10/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Federal, Local, State, Tribal.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
Additional Information: Related to RIN 2070-AK66.
Sectors Affected: 92511 Administration of Housing Programs; 541350
Building Inspection Services; 624410 Child Day Care Services; 236
Construction of Buildings; 611110 Elementary and Secondary Schools;
541330 Engineering Services; 531110 Lessors of Residential Buildings
and Dwellings; 92811 National Security; 611519 Other Technical and
Trade Schools; 531 Real Estate; 562910 Remediation Services; 531311
Residential Property Managers; 238 Specialty Trade Contractors; 541380
Testing Laboratories.
URL For More Information: https://www.epa.gov/lead.
Agency Contact: Claire Brisse, Office of Chemical Safety and
Pollution Prevention, Environmental Protection Agency, 1200
Pennsylvania Avenue NW, Mail Code 7404M, Washington, DC 20460-0001,
Phone: 202 564-9004, Email: [email protected].
Marc Edmonds, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code
7404M, Washington, DC 20460, Phone: 202 566-0758, Email:
[email protected].
RIN: 2070-AK91
EPA--OFFICE OF LAND AND EMERGENCY MANAGEMENT (OLEM)
Final Rule Stage
216. Designating PFOA and PFOS as CERCLA Hazardous Substances [2050-
AH09]
Priority: Section 3(f)(1) Significant. Major status under 5 U.S.C.
801 is undetermined.
Legal Authority: 42 U.S.C. 9602
CFR Citation: 40 CFR 302.
Legal Deadline: None.
Abstract: Under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (``CERCLA'' or
``Superfund''), the Environmental Protection Agency (EPA or the Agency)
is moving to finalize the designation of perfluorooctanoic acid (PFOA)
and perfluoro octane sulfonic acid (PFOS), including their salts and
structural isomers, as hazardous substances. CERCLA authorizes the
Administrator to promulgate regulations designating as hazardous
substances such elements, compounds, mixtures, solutions, and
substances which, when released into the environment, may present
substantial danger to the public health or welfare or the environment.
Such a designation would ultimately facilitate cleanup of contaminated
sites and reduce human exposure to these ``forever'' chemicals.
Statement of Need: Designating PFOA and PFOS as CERCLA hazardous
substances will require reporting of releases of PFOA and PFOS that
meet or exceed the reportable quantity assigned to these substances.
This will enable Federal, State, Tribal and local authorities to
collect information regarding the location and extent of releases.
Summary of Legal Basis: No aspect of this action is required by
statute or court order.
Alternatives: The Agency identified through the 2019 PFAS Action
Plan that one of the goals was to designate PFOA and PFOS as hazardous
substances. EPA determined that we have enough information to propose
this designation.
Anticipated Cost and Benefits: The EPA is analyzing the potential
costs and benefits associated with this action with respect to the
reporting of any release of the subject hazardous substances to the
Federal, State, and local authorities. Currently EPA expects to
estimate lower and upper-bound reporting cost scenarios.
[[Page 9500]]
Risks: This is a reporting rule and will enable Federal, State,
Tribal and local authorities to collect information regarding the
location and extent of releases.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/06/22 87 FR 54415
NPRM Comment Period End............. 11/07/22 .......................
Final Rule.......................... 03/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: Businesses, Governmental Jurisdictions,
Organizations.
Government Levels Affected: Federal, Local, State, Tribal.
Additional Information:
Sectors Affected: 325998 All Other Miscellaneous Chemical Product
and Preparation Manufacturing; 811192 Car Washes; 314110 Carpet and Rug
Mills; 332813 Electroplating, Plating, Polishing, Anodizing, and
Coloring; 922160 Fire Protection; 488119 Other Airport Operations;
325510 Paint and Coating Manufacturing; 322121 Paper (except Newsprint)
Mills; 322130 Paperboard Mills; 424710 Petroleum Bulk Stations and
Terminals; 324110 Petroleum Refineries; 325992 Photographic Film,
Paper, Plate, and Chemical Manufacturing; 562212 Solid Waste Landfill.
Agency Contact: Linda Strauss, Environmental Protection Agency,
Office of Land and Emergency Management, 1301 Constitution Ave. NW,
Washington, DC 20460, Phone: 202 564-0797, Email:
[email protected].
Sicy Jacob, Environmental Protection Agency, Office of Land and
Emergency Management, 1200 Pennsylvania Avenue NW, Mail Code 5104A,
Washington, DC 20460, Phone: 202 564-8019, Fax: 202 564-2625, Email:
[email protected].
RIN: 2050-AH09
EPA--OLEM
217. Hazardous and Solid Waste Management System: Disposal of Coal
Combustion Residuals From Electric Utilities; Legacy Surface
Impoundments [2050-AH14]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 6907(a); 42 U.S.C. 6912(a); 42 U.S.C.
6944; 42 U.S.C. 6945(a)(d)
CFR Citation: 40 CFR 257.
Legal Deadline: None.
Abstract: On April 17, 2015, the Environmental Protection Agency
(EPA or the Agency) promulgated national minimum criteria for existing
and new coal combustion residuals (CCR) landfills and existing and new
CCR surface impoundments. On August 21, 2018, the D.C. Circuit Court of
Appeals issued its opinion in the case of Utility Solid Waste
Activities Group, et al v. EPA, which vacated and remanded the
provision that exempted inactive impoundments at inactive facilities
from the CCR rule. In May 2023, EPA proposed regulations to implement
this part of the court decision for inactive CCR surface impoundments
at inactive utilities, or ``legacy CCR surface impoundments''. This
proposal included adding a new definition for legacy CCR surface
impoundments. EPA also proposed to require such legacy CCR surface
impoundments to follow existing regulatory requirements for fugitive
dust, groundwater monitoring, and closure, or other technical
requirements. Finally, EPA proposed requirements for CCR management
units including a facility evaluation and to follow existing regulatory
requirements for groundwater monitoring, corrective action, and closure
for all CCR contamination (regardless of how or when that CCR was
placed) at a regulated facility. After reviewing the public comments on
the proposed rule, EPA will take final action.
Statement of Need: On April 17, 2015, the EPA finalized national
regulations to regulate the disposal of Coal Combustion Residuals (CCR)
as solid waste under subtitle D of the Resource Conservation and
Recovery Act (RCRA) (2015 CCR final rule). In response to the Utility
Solid Waste Activities Group v. EPA decision, this proposed rulemaking,
if finalized, would bring inactive surface impoundments at inactive
facilities (legacy surface impoundments) into the regulated universe.
Summary of Legal Basis: No statutory or judicial deadlines apply to
this rule. The EPA is taking this action in response to an August 21,
2018, court decision that vacated and remanded the provision that
exempted inactive impoundments at inactive electric utilities from the
2015 CCR final rule. The proposed rule would be established under the
authority of the Solid Waste Disposal Act of 1970, as amended by the
Resource Conservation and Recovery Act of 1976 (RCRA), as amended by
the Hazardous and Solid Waste Amendments of 1984 (HWSA) and the Water
Infrastructure Improvements for the Nation Act of 2016.
Alternatives: The Agency issued an advance notice of proposed
rulemaking (ANPRM) on October 14, 2020 (85 FR 65015), which included
public notice and opportunity for comment on this effort. We have not
identified at this time any significant alternatives for analysis.
Anticipated Cost and Benefits: The Agency will determine
anticipated costs and benefits later as it is currently too early in
the process.
Risks: The Agency will estimate the risk reductions and impacts
later as it is currently too early in the process.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 10/14/20 85 FR 65015
NPRM................................ 05/18/23 88 FR 31982
NPRM Comment Period End............. 07/17/23 .......................
Final Rule.......................... 04/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Federal, Local, State.
Additional Information: EPA-HQ-OLEM-2020-0107.
Sectors Affected: 221112 Fossil Fuel Electric Power Generation.
URL For More Information: https://www.epa.gov/coalash.
URL For Public Comments: https://www.regulations.gov/docket/EPA-HQ-OLEM-2020-0107.
Agency Contact: Michelle Lloyd, Environmental Protection Agency,
Office of Land and Emergency Management, Mail Code 5304T, 1200
Pennsylvania Avenue NW, Washington, DC 20460, Phone: 202 566-0560,
Email: [email protected].
Frank Behan, Environmental Protection Agency, Office of Land and
Emergency Management, Mail Code 5304T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460, Phone: 202 566-1730, Email: [email protected].
RIN: 2050-AH14
EPA--OLEM
218. Clean Water Act Hazardous Substance Facility Response Plans [2050-
AH17]
Priority: Other Significant.
Legal Authority: 33 U.S.C. 1321
CFR Citation: 40 CFR 142, subpart B.
Legal Deadline: NPRM, Judicial, March 12, 2022, 19-cv-02516-VM. A
March 12, 2020, consent decree requires EPA to sign a proposed rule
within 24 months (by 3/12/2022) and sign a final rule within 30 months
of publication of the proposed rule.
[[Page 9501]]
Final, Judicial, September 30, 2024, 19-cv-02516-VM. Requires EPA
to sign a proposed rule within 24 months (by 3/12/2022) and sign a
final rule within 30 months of publication of the proposed rule
(estimating by 9/30/2024).
Abstract: The Clean Water Act (CWA) provides that regulations shall
be issued ``which require an owner or operator of a tank vessel or
facility . . . to prepare and submit . . . a plan for responding, to
the maximum extent practicable, to a worst-case discharge, and to a
substantial threat of such a discharge, of . . . a hazardous
substance.'' EPA was sued for failure to fulfill this mandatory duty
imposed by Congress. This regulatory action is being conducted under
the terms of a consent decree entered into on March 12, 2020, which
requires that a proposed action is signed within 24 months of the final
agreement and that a final action follow within 30 months of the
publication of the proposed rule. Subsequently, the Environmental
Protection Agency proposed a regulatory action to require planning for
worst case discharges of CWA hazardous substances under section
311(j)(5)(A). EPA plans to promulgate a final rule by Spring 2024 meet
the terms of the Consent Decree.
Statement of Need: Worst case discharges of CWA hazardous
substances could result in impacts to drinking water; impacts to
industrial and agricultural water uses; commercial and recreational
waterway closures; impacts to fish and other aquatic life; impacts to
ecosystems and the environment; injuries, hospitalizations, and
fatalities; emergency response costs; transaction costs; direct
property impacts; property value impacts; costs from sheltering in
place and evacuations; impacts to sensitive or vulnerable populations;
and fiscal revenue impacts. The purpose of this regulation would be to
plan for and mitigate these damages.
Summary of Legal Basis: CWA Section 311(j)(5) directs the president
to issue regulations to ``require an owner or operator of a tank vessel
or facility . . . to prepare and submit . . . a plan for responding, to
the maximum extent practicable, to a worst case discharge, and to a
substantial threat of such a discharge, of . . . a hazardous
substance.'' The EPA was sued for not promulgating the hazardous
substance worst case planning regulations and entered into a consent
decree with the plaintiffs that requires the EPA to publish a proposed
rule by March 12, 2022 and take final action by September 12, 2024.
Alternatives: The EPA is considering a regulatory program modeled
on EPA's Facility Response Plan program for worst case discharges of
oil.
Anticipated Cost and Benefits: The Agency will determine
anticipated costs and benefits later as it is currently too early in
the process.
Risks: To help determine the risks to be addressed by this
rulemaking, EPA is reviewing historical data on discharges of CWA
hazardous substances.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/28/22 87 FR 17890
Final Rule.......................... 04/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Local, Tribal.
Additional Information:
Agency Contact: Rebecca Broussard, Environmental Protection Agency,
Office of Land and Emergency Management, 1200 Pennsylvania Avenue NW,
Mail Code 5104A, Washington, DC 20460, Phone: 202 564-6706, Email:
[email protected].
RIN: 2050-AH17
EPA--OLEM
219. Accidental Release Prevention Requirements: Risk Management
Program Under the Clean Air Act; Safer Communities by Chemical Accident
Prevention [2050-AH22]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Unfunded Mandates: Undetermined.
Legal Authority: 42 U.S.C. 7412
CFR Citation: 40 CFR 68.
Legal Deadline: None.
Abstract: On August 31, 2022, the Environmental Protection Agency
(EPA) published proposed amendments to its Risk Management Program
(RMP) regulations as a result of Agency review. The proposed revisions
included several changes and amplifications to the accident prevention
program requirements, enhancements to the emergency preparedness
requirements, increased public availability of chemical hazard
information, and several other changes to certain regulatory
definitions or points of clarification. Such amendments seek to improve
chemical process safety; assist in planning, preparedness, and
responding to RMP-reportable accidents; and improve public awareness of
chemical hazards at regulated sources. EPA plans to publish the final
rule in December 2023.
Statement of Need: On January 13, 2017, the EPA published a final
RMP rule (2017 Amendments) to prevent and mitigate the effect of
accidental releases of hazardous chemicals from facilities that use,
manufacture, and store them. The 2017 Amendments were a result of
Executive Order 13650, Improving Chemical Facility Safety and Security,
which directed EPA (and several other Federal agencies) to, among other
things, modernize policies, regulations, and standards to enhance
safety and security in chemical facilities. The 2017 Amendments rule
contained various new provisions applicable to RMP-regulated facilities
addressing prevention program elements, emergency coordination with
local responders, and information availability to the public. EPA
received three petitions for reconsideration of the 2017 Amendments
rule under CAA section 307(d)(7)(B). On December 19, 2019, EPA
promulgated a final RMP rule (2019 Revisions) that acts on the
reconsideration. The 2019 Revisions rule repealed several major
provisions of the 2017 Amendments and retained other provisions with
modifications. On January 20, 2021, Executive Order 13990, Protecting
Public Health and the Environment and Restoring Science To Tackle the
Climate Crisis (E.O. 13990), directed federal agencies to review
existing regulations and take action to address priorities established
by the new administration including bolstering resilience to the impact
of climate change and prioritizing environmental justice. The EPA is
considering developing a regulatory action to revise the current RMP
regulations. The proposed rule would address the administration's
priorities and focus on regulatory revisions completed since 2017. The
proposed rule would also expect to contain a number of proposed
modifications to the RMP regulations based in part on stakeholder
feedback received from RMP public listening sessions held on June 16
and July 8, 2021.
Summary of Legal Basis: The CAA section 112(r)(7)(A) authorizes the
EPA Administrator to promulgate accidental release prevention,
detection, and correction requirements, which may include monitoring,
record keeping, reporting, training, vapor recovery, secondary
containment, and other design, equipment, work practice, and
operational requirements. The CAA section 112(r)(7)(B) authorizes the
Administrator to promulgate reasonable regulations and appropriate
guidance to provide, to the greatest extent practicable, for the
prevention and detection of accidental releases of regulated substances
and for response to
[[Page 9502]]
such releases by the owners or operators of the sources of such
releases.
Alternatives: The EPA currently plans to prepare a notice of
proposed rulemaking that would provide the public an opportunity to
comment on the proposal, and any regulatory alternatives that may be
identified within the preamble to the proposed rulemaking.
Anticipated Cost and Benefits: Costs may include the burden on
regulated entities associated with implementing new or revised
requirements including program implementation, training, equipment
purchases, and recordkeeping, as applicable. Some costs could also
accrue to implementing agencies and local governments, due to new or
revised provisions associated with emergency response. Benefits will
result from avoiding the harmful accident consequences to communities
and the environment, such as deaths, injuries, and property damage,
environmental damage, and from mitigating the effects of releases that
may occur. Similar benefits will accrue to regulated entities and their
employees.
Risks: The proposed action would address the risks associated with
accidental releases of listed regulated toxic and flammable substances
to the air from stationary sources. Substances regulated under the RMP
program include highly toxic and flammable substances that can cause
deaths, injuries, property and environmental damage, and other on- and
off-site consequences if accidentally released. The proposed action
would reduce these risks by potentially making accidental releases less
likely, and by mitigating the severity of releases that may occur. The
proposed action would not address the risks of non-accidental chemical
releases, accidental releases of non-regulated substances, chemicals
released to other media, and air releases from mobile sources.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/31/22 87 FR 53556
NPRM Comment Period End............. 10/31/22 .......................
Final Rule.......................... 12/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Undetermined.
Sectors Affected: 325 Chemical Manufacturing; 49313 Farm Product
Warehousing and Storage; 42491 Farm Supplies Merchant Wholesalers;
311511 Fluid Milk Manufacturing; 311 Food Manufacturing; 221112 Fossil
Fuel Electric Power Generation; 311411 Frozen Fruit, Juice, and
Vegetable Manufacturing; 49311 General Warehousing and Storage; 31152
Ice Cream and Frozen Dessert Manufacturing; 311612 Meat Processed from
Carcasses; 211112 Natural Gas Liquid Extraction; 32519 Other Basic
Organic Chemical Manufacturing; 42469 Other Chemical and Allied
Products Merchant Wholesalers; 49319 Other Warehousing and Storage; 322
Paper Manufacturing; 42471 Petroleum Bulk Stations and Terminals; 32411
Petroleum Refineries; 311615 Poultry Processing; 49312 Refrigerated
Warehousing and Storage; 22132 Sewage Treatment Facilities; 11511
Support Activities for Crop Production; 22131 Water Supply and
Irrigation Systems.
Agency Contact: Deanne Grant, Environmental Protection Agency,
Office of Land and Emergency Management, 1200 Pennsylvania Avenue NW,
Washington, DC 20460, Phone: 202 564-1096, Email: [email protected].
RIN: 2050-AH22
EPA--OFFICE OF WATER (OW)
Final Rule Stage
220. Federal Baseline Water Quality Standards for Indian Reservations
[2040-AF62]
Priority: Other Significant.
Legal Authority: 33 U.S.C. 1313(c)(4)(B)
CFR Citation: 40 CFR 131.
Legal Deadline: None.
Abstract: On April 27, 2023, the Environmental Protection Agency
(EPA) Administrator signed a proposed rule to establish water quality
standards (WQS) for waters on Indian reservations that do not have WQS
under the Clean Water Act (CWA). This rule will help advance President
Biden's commitment to strengthening the nation-to-nation relationships
with Indian country. Fifty years after enactment of the CWA, over 80%
of Indian reservations do not have this foundational CWA protection for
their waters. Addressing this lack of CWA-effective WQS for the waters
of more than 250 Indian reservations is a priority for EPA, given that
WQS are central to implementing the water quality framework of the CWA.
Promulgating baseline WQS would provide more scientific rigor and
regulatory certainty to National Pollutant Discharge Elimination System
(NPDES) permits for discharges to these waters. Consistent with EPA's
regulations, the baseline WQS include designated uses, water quality
criteria to protect those uses, and antidegradation policies to protect
high quality waters. EPA consulted with tribes in the summer of 2021
during the pre-proposal phase and in the summer of 2023, concurrent
with the public comment period associated with the proposal.
Statement of Need: The Federal government has recognized 574
tribes. More than 300 of these tribes have reservation lands and are
eligible to apply for ``treatment in a similar manner as a state''
(TAS) to administer a WQS program. Only 84 tribes, out of over 300
tribes with reservations, currently have such TAS authorization to
administer a WQS program. Of these 84 tribes, only 47 tribes to date
have adopted WQS and submitted them to EPA for review and approval
under the Clean Water Act (CWA). As a result, 50 years after enactment
of the CWA, over 80% of Indian reservations do not have this
foundational protection expected by Congress as laid out in the CWA for
their waters. Addressing this lack of CWA-effective WQS for the waters
of more than 250 Indian reservations is a priority for EPA, given that
WQS are central to implementing the water quality framework of the CWA.
Although it is EPA's preference for tribes to obtain TAS and develop
WQS tailored to the tribes' individual environmental goals and
reservation waters, EPA's promulgation of baseline WQS would serve to
safeguard water quality until tribes obtain TAS and adopt and
administer CWA WQS themselves.
Summary of Legal Basis: While CWA section 303 clearly contemplates
WQS for all waters of the United States, it does not explicitly address
WQS for Indian country waters where tribes lack CWA-effective WQS.
Under CWA section 303(a) states were required to adopt WQS for all
interstate and intrastate waters. Where a state does not establish such
standards, Congress directed EPA to do so under the CWA section 303(b).
These provisions are consistent with Congress' design of the CWA as a
general statute applying to all waters of the United States, including
those within Indian country. Several provisions of the CWA provide EPA
with the authority to propose this rule. Section 501(a) of the CWA
provides that ``[t]he Administrator is authorized to prescribe such
regulations as are necessary to carry out his functions under this
chapter.'' Section 303(c)(4)(B) of the CWA provides that ``[t]he
Administrator shall promptly prepare and publish proposed regulations
setting forth a revised or new water
[[Page 9503]]
quality standard for the navigable waters involved . . . in any case
where the Administrator determines that a revised or new standard is
necessary to meet the requirements of [the Act].'' In 2001 the EPA
Administrator made an Administrator's Determination that new or revised
WQS are necessary for certain Indian country waters. Today's action is
the first step toward fulfilling that outstanding Determination.
Alternatives: No other alternatives considered.
Anticipated Cost and Benefits: Total cost estimates range from
$15.51 million in annualized costs over 20 years at a 3 percent
discount rate (with $6.1 million in one-time costs) to $30.54 in
annualized costs over 20 years at a 3 percent discount rate (with $1.23
million in one-time costs). Using a discount rate of 7 percent over 20
years, total annualized costs range from $18.94 million (also with $6.1
million in one-time costs) to $36.45 million (also with $1.23 million
in one-time costs). Total one-time costs are larger in the low estimate
than in the high estimate because one-time WQS variance costs are often
used in lieu of annualized effluent treatment costs for facility-
specific low estimates for certain pollutants.
Promulgating baseline WQS for Indian reservation waters would
promote the implementation of pollution control measures and best
practices to help improve water quality and prevent future degradation
of Indian reservation waters, as well as potentially providing positive
water quality benefits to waters in adjacent jurisdictions. Improved
water quality for Indian reservation waters will benefit Tribes as well
as anyone who recreates on Indian reservation waters or values
environmental quality regardless of their current or anticipated uses
of Indian reservation waters. Although implementation of baseline WQS
is likely to yield significant benefits, estimating the dollar value of
these improvements to Tribes may not be feasible. First, Tribes often
express the difficulty of placing a monetary value on ecosystem
services, given the belief that these resources are sacred and beyond
any earthly value. Second, estimating the value of water quality
improvements to visitors of Indian reservations is challenging due to
the lack of data on site-specific visitation, use (e.g., recreational
fishing) and valuation. Therefore, EPA provided a qualitative
description of benefits categories that may stem from baseline WQS.
These benefits include those related to human health, ceremonial and
subsistence harvests of fish and shellfish, recreation, and other
social welfare improvements. EPA anticipates, however, that the
abovementioned benefits will ultimately outweigh the potential
estimated incremental costs associated with promulgation of this rule
and that this rule will help address the environmental challenges
Tribes are currently facing.
Risks: EPA is continuing to evaluate potential risks.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 09/29/16 81 FR 66900
NPRM................................ 05/05/23 88 FR 29496
NPRM Comment Period End............. 08/03/23
Final Rule.......................... 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: State, Tribal, Federal.
Additional Information:
URL For More Information: https://www.epa.gov/wqs-tech/promulgation-tribal-baseline-water-quality-standards-under-clean-water-act.
Agency Contact: James Ray, Environmental Protection Agency Office
of Water, Mail Code 4305T, 200 Pennsylvania Avenue NW Washington, DC
20460, Phone: 202 566-1433, Email: [email protected].
Danielle Anderson, Environmental Protection Agency, Office of
Water, Mail Code 4305T, 1200 Pennsylvania Avenue NW, Washington, DC
20460, Phone: 202 564-1631, Email: [email protected].
RIN: 2040-AF62
EPA--OW
221. Water Quality Standards Regulatory Revisions to Protect Tribal
Reserved Rights [2040-AG17]
Priority: Other Significant.
Legal Authority: 33 U.S.C. 1371
CFR Citation: 40 CFR 131.
Legal Deadline: None.
Abstract: Many tribes hold reserved rights to resources on lands
and waters where states establish water quality standards, through
treaties, statutes, or other sources of federal law. The U.S.
Constitution defines treaties as the supreme law of the land. On
November 28, 2022, the EPA Administrator signed a proposed rule that
would revise the federal water quality standards regulation to ensure
that water quality standards do not impair tribal reserved rights by
giving clear direction on how to develop water quality standards where
tribes hold reserved rights. This proposed rule would help EPA ensure
protection of resources reserved to tribes in treaties, statutes, or
other sources of federal law when establishing, revising, and reviewing
water quality standards. The development of this rule helps advance
President Biden's commitment to strengthening nation-to-nation
relationships with tribes. EPA consulted with tribes in the summer of
2021 during the pre-proposal phase and in the winter of 2023,
concurrent with the public comment period for the proposed rule. EPA is
working to expeditiously finalize the proposed rule, taking into
account public comments.
Statement of Need: This rule would establish a durable and
transparent national framework outlining how tribal reserved rights to
aquatic-dependent resources must be protected in water quality
standards (WQS) for waters in which such rights apply. In 2016 EPA took
actions in Maine and Washington to protect tribal reserved rights,
requiring that human health criteria for waters in those states where
tribes reserved the rights to fish for subsistence be set at more
stringent levels to protect tribal fish consumers. In 2019 EPA
disavowed the approach it took to protecting tribal reserved rights in
the 2016 Maine and Washington actions and concluded that states and EPA
can always protect tribal reserved rights by simply applying EPA's
existing regulations and guidance, with no additional consideration of
such rights. EPA has now reconsidered its past assertions that tribal
reserved rights do not impose any additional requirements in the WQS
context. The changes in EPA's position regarding consideration of
reserved rights in the water quality standards context over the years
have resulted in confusion for tribes, states, stakeholders and the
public about how tribal reserved rights must be considered in
establishment of WQS. In addition, states and industry groups
criticized EPA for taking its actions in 2016 without first going
through a national notice and comment rulemaking on its approach.
Summary of Legal Basis: In exercising its CWA section 303(c)
authority, EPA has an obligation to ensure that its actions are
consistent with treaties, statutes, executive orders, and other sources
of Federal law reflecting tribal reserved rights. EPA's implementing
regulation at 40 CFR part 131 specifies requirements for states and
authorized tribes to develop WQS for EPA review that are consistent
with the Act. EPA is exercising its discretion in implementing CWA
section 303(c) to establish new regulatory requirements
[[Page 9504]]
to ensure that WQS give effect to rights to aquatic and aquatic-
dependent resources reserved in Federal laws.
Alternatives: No other options considered.
Anticipated Cost and Benefits: EPA estimated the potential
incremental administrative burdens and costs that may be associated
with the proposed rule, beyond the burden and costs associated with
implementation of the current WQS regulation. EPA estimated the total,
one-time costs for the proposed rule to range from $989,112 to
$4,945,562, with no recurring costs. This rule would not establish any
requirements directly applicable to regulated entities, such as
industrial dischargers or municipal wastewater treatment facilities,
but could ultimately lead to additional compliance costs to meet permit
limits put in place to comply with new WQS adopted by states. However,
because of the uncertainty in the specific outcome of application of
this rule, both in terms of location and pollutants involved, EPA is
unable to provide estimates of costs to those regulated entities. EPA
was likewise unable to quantify the estimated benefits of the proposed
rule. EPA anticipates that the rule would enhance the ability of states
and tribes to protect their water resources by clarifying and
prescribing how to protect waters with applicable tribal reserved
rights and improving coordination between Federal, state, and tribal
governments.
Risks: EPA is continuing to evaluate potential risks.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/05/22 87 FR 74361
NPRM Comment Period End............. 03/06/23
Final Rule.......................... 03/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: Federal, State, Tribal.
Additional Information: OW-2021-0791.
URL For More Information: https://www.epa.gov/wqs-tech/revising-federal-water-quality-standards-regulations-protect-tribal-reserved-rights.
URL For Public Comments: https://www.regulations.gov/docket/EPA-HQ-OW-2021-0791.
Agency Contact: Jennifer Brundage, Environmental Protection Agency,
Office of Water, 4305T, 1200 Pennsylvania Avenue NW, Washington, DC
20460, Phone: 202 566-1265, Email: [email protected].
Erica Fleisig, Environmental Protection Agency, Office of Water,
4305T, 1200 Pennsylvania Avenue NW, Washington, DC 20460, Phone: 202
566-1057, Email: [email protected].
RIN: 2040-AG17
EPA--OW
222. PFAS National Primary Drinking Water Regulation Rulemaking [2040-
AG18]
Priority: Section 3(f)(1) Significant. Major status under 5 U.S.C.
801 is undetermined.
Unfunded Mandates: Undetermined.
Legal Authority: 42 U.S.C. 300f et seq. Safe Drinking Water Act
CFR Citation: 40 CFR 141; 40 CFR 142.
Legal Deadline: NPRM, Statutory, March 3, 2023, Safe Drinking Water
Act.
Final, Statutory, September 3, 2024, Safe Drinking Water Act.
Abstract: On March 3, 2021, the Environmental Protection Agency
(EPA) published the Fourth Regulatory Determinations in the Federal
Register, including a determination to regulate perfluorooctanoic acid
(PFOA) and perfluorooctanesulfonic acid (PFOS) in drinking water. Per
the Safe Drinking Water Act, following publication of the Regulatory
Determination, the Administrator shall propose a maximum contaminant
level goal (MCLG) and a national primary drinking water regulation
(NPDWR) not later than 24 months after determination and promulgate a
NPDWR within 18 months after proposal (the statute authorizes a 9-month
extension of this promulgation date). EPA issued a proposed national
primary drinking water regulation for PFOA and PFOS as well as other
PFAS on March 29, 2023 as part of this action. This action provides a
key commitment in EPA's ``PFAS Strategic Roadmap: EPA's Commitments to
Action 2021-2024.''
Statement of Need: EPA has determined that PFOA and PFOS may have
adverse health effects; that PFOA and PFOS occur in public water
systems with a frequency and at levels of public health concern; and
that, in the sole judgment of the Administrator, regulation of PFOA and
PFOS presents a meaningful opportunity for health risk reduction for
persons served by public water systems.
Summary of Legal Basis: The EPA is developing a PFAS NPDWR under
the authority of the Safe Drinking Water Act (SDWA), including sections
1412, 1413, 1414, 1417, 1445, and 1450 of the SDWA. Section 1412
(b)(1)(A) of the SDWA requires that EPA shall publish a maximum
contaminant level goal and promulgate a NPDWR if the Administrator
determines that (1) the contaminant may have an adverse effect on the
health of persons, (2) is known to occur or there is a substantial
likelihood that the contaminant will occur in public water systems with
a frequency and at a level of public health concern, and (3) in the
sole judgment of the Administrator there is a meaningful opportunity
for health risk reduction for persons served by public water systems.
EPA published a final determination to regulate PFOA and PFOS on March
3, 2021 after considering public comment (86 FR 12272). Section 1412
(b)(1)(E) of the SDWA requires that EPA publish a proposed Maximum
Contaminant Level Goal and a NPDWR within 24 months of a final
regulatory determination and that the Agency promulgate a NPDWR within
18 months of proposal.
Alternatives: Undetermined.
Anticipated Cost and Benefits: Undetermined.
Risks: Studies indicate that exposure to PFOA and/or PFOS above
certain exposure levels may result in adverse health effects, including
developmental effects to fetuses during pregnancy or to breast-fed
infants (e.g., low birth weight, accelerated puberty, skeletal
variations), cancer (e.g., testicular, kidney), liver effects (e.g.,
tissue damage), immune effects (e.g., antibody production and
immunity), and other effects (e.g., cholesterol changes). Both PFOA and
PFOS are known to be transmitted to the fetus via the placenta and to
the newborn, infant, and child via breast milk. Both compounds were
also associated with tumors in long-term animal studies.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice.............................. 02/09/22 87 FR 7412
NPRM................................ 03/29/23 88 FR 18638
NPRM Comment Period End............. 05/30/23
Final Rule.......................... 01/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Small Entities Affected: Governmental Jurisdictions.
Government Levels Affected: Federal, Local, State, Tribal.
Federalism: This action may have federalism implications as defined
in E.O. 13132.
Additional Information:
Agency Contact: Alexis Lan, Environmental Protection Agency, Office
of Water, 1200 Pennsylvania Avenue NW, 4601M, Washington, DC
[[Page 9505]]
20460, Phone: 202 564-0841, Email: [email protected].
RIN: 2040-AG18
EPA--OW
223. Supplemental Effluent Limitations Guidelines and Standards for the
Steam Electric Power Generating Point Source Category [2040-AG23]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Unfunded Mandates: Undetermined.
Legal Authority: 33 U.S.C. 1361; 33 U.S.C. 1318; 33 U.S.C. 1317; 33
U.S.C. 1316; 33 U.S.C. 1311; 33 U.S.C. 1314
CFR Citation: 40 CFR 423.
Legal Deadline: None.
Abstract: On March 29, 2023, EPA published a proposed rule to
potentially strengthen the Steam Electric Effluent Limitations
Guidelines and Standards (ELGs) (40 CFR 423). EPA previously revised
the Steam Electric ELGs in 2015 and 2020. The proposed rule would
establish more stringent ELGs for two waste streams addressed in the
2020 ``Steam Electric Reconsideration Rule'' (flue gas desulfurization
wastewater and bottom ash transport water). In addition, the proposal
would establish more stringent effluent limitations and standards for
an additional waste stream (combustion residual leachate) and takes
comment on potential revisions to limitations and standards for a
fourth waste stream (legacy wastewater). The first two waste streams
mentioned above are the subject of current litigation pending in the
U.S. Court of Appeals for the Fourth Circuit. Appalachian Voices, et
al. v. EPA, No. 20-2187 (4th Cir.). The 2015 limitations for combustion
residual leachate and legacy wastewater discharged by existing sources
were vacated by the U.S. Court of Appeals for the Fifth Circuit in
Southwestern Electric Power Co., et al. v. EPA, 920 F.3d 999 (5th Cir.
2019).
Statement of Need: Under Executive Order 13990 on Protecting Public
Health and the Environment and Restoring Science to Tackle the Climate
Crisis (January 20, 2021), EPA was directed to review the 2020 Steam
Electric Reconsideration Rule.
Summary of Legal Basis: Sections 101; 301; 304(b), (c), (e), and
(g); 306; 307; 308 and 501, Clean Water Act (Federal Water Pollution
Control Act Amendments of 1972, as amended; 33 U.S.C. 1251; 1311;
1314(b), (c), (e), and (g); 1316; 1317; 1318 and 1361).
Alternatives: EPA considered four regulatory options at the
proposed rule stage. Three alternatives varied in the stringency of
limitations for flue gas desulfurization wastewater and bottom ash
transport water while subcategorizing early adopters while the fourth
option did not include this new subcategory. All four regulatory
options removed the existing high flow and low utilization
subcategories included in the 2020 final rule. For further information,
visit: https://www.federalregister.gov/documents/2023/03/29/2023-04984/supplemental-effluent-limitations-guidelines-and-standards-for-the-steam-electric-power-generating.
Anticipated Cost and Benefits: At proposal, EPA estimated that the
proposed rule will cost $200 million per year in social costs and
result in $1,557 million per year in monetized benefits using a three
percent discount rate and will cost $216 million per year in social
costs and result in $1,290 million per year in monetized benefits using
a seven percent discount rate.
Risks: At proposal, EPA estimated that the rule would reduce risks
to human health and ecological receptors via multiple pathways
including via air pollution, surface water contamination, and
disinfection byproduct formation in drinking water systems.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice.............................. 08/03/21 86 FR 41801
NPRM................................ 03/29/23 88 FR 18824
NPRM Comment Period End............. 05/30/23
Final Rule.......................... 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Government Levels Affected: Federal, Local, State.
Federalism: Undetermined.
Additional Information: EPA-HQ-OW-2009-0819.
Sectors Affected: 221112 Fossil Fuel Electric Power Generation.
Agency Contact: Jesse Pritts, Environmental Protection Agency,
Office of Water, Mail Code 4303T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460, Phone: 202 566-1038, Email: [email protected].
Related RIN: Split from 2040-AG28
RIN: 2040-AG23
BILLING CODE 6560-50-P
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)
Statement of Regulatory and Deregulatory Priorities
The mission of the Equal Employment Opportunity Commission (EEOC,
Commission, or Agency) is to ensure equality of opportunity in
employment by vigorously enforcing and educating the public about the
following Federal statues: title VII of the Civil Rights Act of 1964,
as amended (prohibits employment discrimination on the basis of race,
color, sex (including pregnancy, sexual orientation, and gender
identity), religion, or national origin); the Equal Pay Act of 1963, as
amended (makes it illegal to pay unequal wages to persons of different
sexes performing substantially equal work under similar working
conditions at the same establishment); the Age Discrimination in
Employment Act of 1967, as amended (prohibits employment discrimination
based on age of 40 or older); titles I and V of the Americans with
Disabilities Act, as amended, and sections 501 and 505 of the
Rehabilitation Act, as amended (prohibits employment discrimination
based on disability); title II of the Genetic Information
Nondiscrimination Act (prohibits employment discrimination based on
genetic information and limits acquisition and disclosure of genetic
information); section 304 of the Government Employee Rights Act of 1991
(protects certain previously exempt state and local government
employees from employment discrimination on the basis of race, color,
religion, sex, national origin, age, or disability); and the Pregnant
Workers Fairness Act (requires covered entities to provide reasonable
accommodation to qualified applicants' and employees' known limitations
related to, affected by, or arising out of pregnancy, childbirth or
related medical conditions, unless doing so would cause an undue
hardship).
The EEOC has authority to issue legislative regulations under the
Age Discrimination in Employment Act (ADEA), title I of the Americans
with Disabilities Act (ADA), title II of the Genetic Information
Nondiscrimination Act (GINA), and under the Pregnant Workers Fairness
Act (PWFA). Under title VII of the Civil Rights Act, the EEOC's
authority to issue legislative regulations is limited to procedural,
record keeping, and reporting matters.
Nine pending items are identified in the EEOC's Fall 2023
Regulatory Agenda, five at the proposed rule stage and four at the
final rule stage. One of those items is singled out as a key priority
in this Regulatory Plan: the recently published proposed rule
implementing the PWFA, for which a final rule will be drafted after
consideration of public comments received from the full range of EEOC
stakeholders.
The PWFA went into effect on June 27, 2023, and it requires
employers with
[[Page 9506]]
15 or more employees to provide reasonable accommodations to job
applicants and employees for known limitations related to, affected by,
or arising out of pregnancy, childbirth or related medical conditions,
unless doing so would cause an undue hardship for the employer. While
other laws enforced by the EEOC, including title VII and the ADA,
provide some protections and accommodations for pregnant workers, the
PWFA fills gaps in these federal legal protections. Under the ADA,
unless the individual's pregnancy, childbirth, or related medical
condition rose to the level of a disability as defined in that statute,
an employer would not be obligated to provide a reasonable
accommodation to do the job. Under title VII, the pregnant employee
would need to show that the employer provided the accommodation to a
similarly situated worker who was not pregnant in order to get the
accommodation. The PWFA requires covered entities to provide reasonable
accommodations to a qualified employee's or applicant's known
limitation related to, affected by, or arising out of pregnancy,
childbirth, or related medical conditions, unless the accommodation
will cause an undue hardship on the operation of the business of the
covered entity. The PWFA provides some examples of potential reasonable
accommodations for pregnant employees, such as: a change in the food or
drink policies to allow the pregnant worker to have a water bottle or
food; a reduction in lifting requirements; the ability to sit;
additional breaks to use the bathroom, eat, and rest; being excused
from activities that involve exposure to compounds unsafe for
pregnancy; and providing appropriately sized uniforms and safety
apparel.
On August 11, 2023, the EEOC issued proposed regulations soliciting
public input and comment before the PWFA regulations become final. See
Federal Register: Regulations To Implement the Pregnant Workers
Fairness Act. The EEOC announced a 60-day public comment period,
starting on August 11, 2023 and ending on October 10, 2023.
Additionally, through media exposure, including press interviews, the
Commission continues to inform the public of these new employee
protections. The EEOC also conducted trainings so that employers and
employees better understand their rights and responsibilities under the
PWFA, and it will continue to do so in the months and years ahead.
Consistent with Executive Order 12866, as reaffirmed and amended in
Executive Order 13563, and subsequently reaffirmed and supplemented by
Executive Order 14094, this statement was reviewed and approved by the
Chair of the Agency.
EEOC
Final Rule Stage
224. Regulations To Implement the Pregnant Workers Fairness Act [3046-
AB30]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: Pub. L. 117-328, 136 Stat. 4459, division II
CFR Citation: 29 CFR 1636.
Legal Deadline: Final, Statutory, December 29, 2023.
Abstract: The Equal Employment Opportunity Commission (EEOC) will
issue a rule to implement the Pregnant Workers Fairness Act, a new law
that requires covered entities to provide reasonable accommodations to
a qualified worker's known limitations related to, affected by, or
arising out of pregnancy, childbirth, or related medical conditions,
unless the accommodation will cause an undue hardship.
Statement of Need: The Pregnant Workers Fairness Act (PWFA) is a
new law. It requires a covered entity to provide reasonable
accommodations, absent undue hardship, to a qualified employee or
applicant with a known limitation related to, affected by, or arising
out of pregnancy, childbirth, or related medical conditions. The PWFA
requires the EEOC to issue regulations by December 29, 2023. 42 U.S.C.
2000gg-3(a).
Summary of Legal Basis: The PWFA requires the EEOC to issue
regulations by December 29, 2023. 42 U.S.C. 2000gg-3(a).
Alternatives: The EEOC will consider possible alternatives for its
regulation. However, the possible alternatives are limited by certain
provisions in the statute that set out what employers are covered, when
the statute goes into effect, the procedures for enforcement, and
require the EEOC to issue regulations.
Anticipated Cost and Benefits: The EEOC anticipates that the
regulation will have significant benefits for workers, including
benefits that are difficult to quantify such as a reduction in
discrimination and improvements in the economic security and health
outcomes for pregnant workers. The costs of the regulation and statute
will be for employers that have to provide reasonable accommodations
and one-time administrative costs for covered employers to come into
compliance with the statute and regulation. The EEOC anticipates that
both of these costs will be low for individual employers.
Risks: The rule imposes no new or additional risks to employers.
The rule does not address risks to public safety or the environment.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/11/23 88 FR 54714
NPRM Comment Period End............. 10/10/23
Final Action........................ 12/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Undetermined.
Small Entities Affected: Businesses, Governmental Jurisdictions,
Organizations.
Government Levels Affected: Federal, Local, State.
Federalism: Undetermined.
Agency Contact:
Sharyn A. Tejani, Associate Legal Counsel, Equal Employment
Opportunity Commission, 131 M Street NE, Washington, DC 20507, Phone:
202 921-3240, Email: [email protected].
RIN: 3046-AB30
BILLING CODE 6570-01-P
GENERAL SERVICES ADMINISTRATION (GSA)
Regulatory Plan--October 2023
The U.S. General Services Administration (GSA) delivers value and
savings in real estate, acquisition, technology, and other mission-
support services across the Federal Government. GSA's acquisition
solutions supply Federal purchasers with cost-effective, high-quality
products and services from commercial vendors. GSA provides workplaces
for Federal employees and oversees the preservation of historic Federal
properties. GSA helps keep the Nation safe and efficient by providing
tools, equipment, and non-tactical vehicles to the U.S. military, and
by providing State and local governments with law enforcement
equipment, firefighting and rescue equipment, and disaster recovery
products and services.
As GSA is developing its regulations, it seeks to increase
participation and engagement of members of the public affected by its
regulations, including in the development of its regulatory priorities.
In its Regulatory Plan, it details engagement efforts that have helped
to inform its priorities to date, as well as future engagement it has
[[Page 9507]]
planned. In support of Executive Order 14094, GSA is ensuring that it
hears from members of the public who have not typically participated in
the regulatory process, including families eligible for assistance,
communities affected by climate change, and rural workers, among
others.
GSA serves the public by delivering products and services directly
to its Federal customers through the Federal Acquisition Service (FAS),
the Public Buildings Service (PBS), and the Office of Government-wide
Policy (OGP). GSA has a continuing commitment to its Federal customers
and the U.S. taxpayers by providing those products and services in the
most cost-effective manner possible.
Federal Acquisition Service
FAS is the lead organization for procurement of products and
services (other than real property) for the Federal Government. The FAS
organization leverages the buying power of the Government by
consolidating Federal agencies' requirements for common goods and
services. FAS provides a range of high-quality and flexible acquisition
services to increase overall Government effectiveness and efficiency by
aligning resources around key functions.
Public Buildings Service
PBS is the largest public real estate organization in the United
States. As the landlord for the civilian Federal Government, PBS
acquires space on behalf of the Federal Government through new
construction and leasing and acts as a manager for Federal properties
across the country. PBS is responsible for over 370 million rentable
square feet of workspace for Federal employees; has jurisdiction,
custody, and control over more than 1,600 federally owned assets
totaling over 180 million rentable square feet; and contracts for more
than 7,000 leased assets, totaling over 180 million rentable square
feet.
In fiscal year (FY) 2023, GSA expects to update the existing
internal guidance and issue a new PBS Order following the release of
the Implementing Instructions for Executive Order 14057 on Catalyzing
Clean Energy Industries and Jobs Through Federal Sustainability that
was issued on December 8, 2021.
Office of Government-Wide Policy
OGP sets Government-wide policy in the areas of personal and real
property, mail, travel, motor vehicles, relocation, transportation,
information technology, regulatory information, and the use of Federal
advisory committees. OGP also helps direct how all Federal supplies and
services are acquired, as well as GSA's own acquisition programs.
Pursuant to Executive Order 12866, ``Regulatory Planning and Review''
(September 30, 1993), and Executive Order 13563, ``Improving Regulation
and Regulatory Review'' (January 18, 2011), the Regulatory Plan and
Unified Agenda provides notice regarding OGP's regulatory and
deregulatory actions within the Executive Branch.
GSA prepared a list of actions in the areas of Climate Risk
Management, Resilience, and Adaptation; Environmental Justice;
Greenhouse Gas Reduction; Clean Energy; Energy Reduction; Water
Reduction; Performance Contracting; Waste Reduction; Sustainable
Buildings; and Electronics Stewardship and Data Centers. Detailed
information on actions GSA is considering taking through December 31,
2025, to implement the Administration's policy set by Executive Orders
13990 and 14008 were provided in GSA's Executive Order 13990 90-day
response, the GSA Climate Change Risk Management Plan, and the GSA 2021
Sustainability Plan. More specifics will be known on the Sustainability
Plan when feedback is obtained from the Council on Environmental
Quality and the Office of Management and Budget.
Office of Asset and Transportation Management
The Office of Asset and Transportation Management and Office of
Acquisition Policy are prioritizing rulemaking focused on initiatives
that:
Promote the country's economic resilience and improve the
buying power of U.S. citizens;
Support underserved communities, promoting equity in the
Federal Government; and
Support national security efforts, especially safeguarding
Federal Government information and information technology systems.
The Fall 2023 Unified Agenda consists of 14 active Office of Asset
and Transportation Management (MA) agenda items, of which 6 active
actions are included in the Federal Travel Regulation (FTR) and 8
active actions are included in the Federal Management Regulation (FMR).
The FTR enumerates the travel and relocation policy for all title 5
Executive Agency civilian employees. The Code of Federal Regulations
(CFR) is available at https://ecfr.federalregister.gov/. The FTR is
contained in chapters 300 through 304 of title 41 of the CFR, which
implements statutory requirements and Executive branch policies for
travel by Federal civilian employees and others authorized to travel at
Government expense. The FMR is contained in chapter 102 of title 41 of
the CFR, and establishes policy for Federal aircraft management, mail
management, transportation, personal property, real property, motor
vehicles, and committee management.
Past or Ongoing Public or Community Engagement That Informed the
Development of GSA Rules
Although focused primarily on agency management and personnel, most
rules issued by the Office of Asset and Transportation Management are
preceded by proposed rules to encourage public participation. In FY
2022, two Federal Management Regulations (Real Estate Acquisition; and
Replacement of Personal Property Pursuant to the Exchange/Sale
Authority) and two Federal Travel Regulation proposed rules (Common
Carrier Transportation; and Constructive Cost) were published. One
final rule (Federal Management Regulation; Soliciting Union Memberships
Among Contractors in GSA-Controlled Buildings), was issued as a final
rule with a 60-day comment period for future rulemaking.
In FY 2023, two Federal Travel Regulation proposed rules
(Alternative Fuel Vehicle Usage During Relocations; and Relocation
Allowance--Temporary Quarters Subsistence Expenses (TQSE)) were
published. One GSA proposed rule (General Services Administration
Property Management Regulations (GSPMR) Social Security Number Fraud
Prevention) and one joint agency proposed rule (Use of Federal Real
Property To Assist the Homeless: Revisions to Regulations) were
published. Collectively, the public provided 11 comments on the FY 2023
proposed rules. This input was used in the formulation of the final
rules.
In FY 2024, the Office of Asset and Transportation Management will
continue to issue proposed rules with a 60-day comment period to obtain
public feedback. Four proposed rules are anticipated including: FMR
Case 2018-102-1, Safety and Environmental Management; FMR 2022-01,
Federal Advisory Committee Management; FTR Case 2022-04, Relocation
Allowance--Allowance for Miscellaneous Expenses; FTR Case 2020-301-1 E-
Gov Travel Services updates; and Federal Management Regulation;
Interagency Fleet Management Systems; FMR Case 2019-102-2.
[[Page 9508]]
Rulemaking That Tackles Climate Change
FTR Case 2022-03, Alternative Fuel Vehicle Usage During
Relocations, allows greater agency flexibility for authorizing shipment
of a relocating employee's alternative fuel-based privately owned
vehicle (POV), as some POVs, primarily electric vehicles, cannot be
driven more than a short distance without being recharged. Because of
the topic area being of great public interest in recent years, this
rule did attract a small number of comments from the public. The
comments reflected both support of the proposal and dislike of spending
funds on Federal employee relocation, and caused GSA to think more
about whether the ideas presented were workable and had merit. While
ultimately GSA decided some of the ideas had merit, but were not within
GSA's authority, it was helpful to see the public's perspective.
FMR Case 2023-102-1, Sustainable Siting, promotes economy and
efficiency in the planning, acquisition, utilization, and management of
Federal facilities. The rule will incorporate the concepts of several
Administration priorities, including sustainability, equity, and
environmental justice. This rule will help reduce emissions across
Federal workplaces by requiring that all new construction,
modernization projects, and leases implement a number of energy
efficient, sustainable, and climate-resilient building practices for
Federal facilities.
Rulemaking That Supports Equity and Underserved Communities
FTR Case 2022-05, Updating the FTR With Diversity, Equity,
Inclusion, and Accessibility Language, updates the entirety of the FTR
to ensure that its language reflects inclusivity by replacing gender-
specific pronouns (e.g., he, she, his, her) with non-gendered pronouns
and other language that reflects inclusivity and equity.
FMR Case 2022-01, Federal Advisory Committee Management, the
Federal Advisory Committee Act (FACA) is a transparency statute
designed to provide Congress, interested stakeholders, and the public
with information on, and access to, the activities, membership,
meetings, and costs, of Federal advisory committees established by the
Executive Branch. Under section 7 of FACA, GSA is responsible for
preparing regulations for implementing FACA. The proposed rule
revisions will provide updates and clarification to policies and
processes, and further incorporate diversity, equity, inclusion, and
accessibility policies into the Federal advisory committee program
government-wide, which is an Administration priority.
FMR Case 2021-01, Use of Federal Real Property to Assist the
Homeless, will streamline the process by which excess Federal real
property is screened for potential conveyance to homeless interests.
Rulemaking That Supports National Security
FMR Case 2021-102-1, ``Real Estate Acquisition,'' will clarify the
policies for entering into leasing agreements for high security space
(i.e., space with a Facility Security Level of III, IV, or V) in
accordance with the Secure Federal LEASEs Act (Pub. L. 116-276).
Office of Acquisition Policy
The Fall 2023 Unified Agenda consists of 17 active Office of
Acquisition Policy (MV) agenda items, all of which are for the General
Services Administration Acquisition Regulation (GSAR).
Office of Acquisition Policy--General Services Administration
Acquisition Regulation
GSA's rules and practices on how it buys goods and services from
its business partners are covered by the GSAR, which implements and
supplements the Federal Acquisition Regulation (FAR). The GSAR
establishes agency acquisition regulations that affect GSA's business
partners (e.g., prospective offerors and contractors) and acquisition
of leasehold interests in real property. The latter are established
under the authority of 40 U.S.C. 121(c) and 585. The GSAR implements
contract clauses, solicitation provisions, and standard forms that
control the relationship between GSA and its contractors and
prospective contractors.
Significant Determinations in Accordance With Executive Order 12866
Section (f)(1)
No GSAR rules in the previous Regulatory Plan or this Regulatory
Plan are anticipated to have a monetary annual effect of $200 million
or more.
Past or Ongoing Public or Community Engagement That Informed the
Development of GSAR Cases
For rules that GSA expects to have significant public
interest, GSA's Office of Acquisition Policy (OAP) may issue an
Advanced Notice of Proposed Rulemaking (ANPR) in order to involve the
public at the earliest stages. For example, an ANPR was issued to
assist in GSA's formulation of GSAR Case 2022-G517, Single-use Plastic
Packaging Reduction.
When issuing proposed rules, OAP regularly requests public
comment to help in the formulation of the final rule.
OAP regularly meets with the Council of Defense and Space
Industry Associations (CODSIA). CODSIA represents member associations
representing numerous small, medium, and large companies. Examples of
these member associations include the Professional Services Council
(PSC), Information Technology Industry Council (ITI), and the
Associated General Contractors (AGC) to name a few. OAP anticipates
continuing these meetings into the foreseeable future.
Future opportunities OAP intends to pursue to increase
public engagement in the development of regulatory acquisition rules
includes partnering with GSA's Office of Small and Disadvantaged
Business Utilization (OSDBU) in their industry outreach events. GSA's
OSDBU services small and disadvantaged businesses and works with
advocacy groups, chambers of commerce, and small business coalitions in
order to bring small businesses to the forefront of federal procurement
opportunities.
Rulemaking That Tackles the Climate Change Emergency
GSAR Case 2022-G517, Single-use Plastic Packaging Reduction,
explores regulation that will reduce single-use plastic consumption by
the agency. Single-use plastic poses an environmental risk that is
documented as having the potential to impact biodiversity. The case
focuses on packaging materials with the overall intent of addressing
not only the items that the Government intentionally consumes, but
those products that the Government unintentionally consumes (such as
packaging) that then have to be disposed of once the item is delivered.
Rulemaking That Advances Equity and Supports Underserved, Vulnerable
and Marginalized Communities
GSAR Case 2020-G511, Updated Guidance for Non-Federal Entities
Access to Federal Supply Schedules, will clarify the requirements for
use of the FSS by eligible non-Federal entities, such as State and
local governments. The regulatory changes are intended to increase
understanding of the existing guidance and expand access to GSA sources
of supply by eligible non-Federal entities, as authorized by historic
statutes, including the Federal Supply Schedules Usage Act of 2010.
[[Page 9509]]
Rulemaking That Reflects Actions That Create and Sustain Good Jobs With
a Free and Fair Choice To Join a Union and Promote Economic Resilience
in General
GSAR Case 2021-G530, Labor Requirements for Lease Acquisitions,
will increase efficiency and cost savings in the work performed for
leases with the Federal Government by increasing the hourly minimum
wage paid to those contractors in accordance with Executive Order
14026, ``Increasing the Minimum Wage for Federal Contractors,'' dated
April 27, 2021, and U.S. Department of Labor regulations at 29 CFR part
23.
GSAR Case 2020-G510, Federal Supply Schedule Economic Price
Adjustment (EPA), will clarify, update, and incorporate Federal Supply
Schedule (FSS) program policies and procedures regarding economic price
adjustment, including updating related prescriptions and clauses.
Ultimately, the case aims to streamline the EPA process for FSS
business partners and GSA's acquisition workforce.
GSAR Case 2021-G530, Extension of Federal Minimum Wage to Lease
Acquisitions, will increase efficiency and cost savings in the work
performed for leases with the Federal Government by increasing the
hourly minimum wage paid to those contractors in accordance with
Executive Order 14026, ``Increasing the Minimum Wage for Federal
Contractors,'' dated April 27, 2021, and U.S. Department of Labor
regulations at 29 CFR part 23.
Rulemaking Reflecting Actions That Improve Service Delivery, Customer
Experience, and Reduce Administrative Burdens
GSAR Case 2022-G506, Standardizing the Identification of Deviations
in the GSAR, standardizes the identification, including number, title,
date, and deviation label, of any provision or clause listed in the
General Services Administration Regulation (GSAR) that has an
authorized deviation. Standardizing this information will add clarity
and uniformity, therefore reducing burden, for both the GSA acquisition
workforce and GSA's industry partners.
Dated: August 15, 2023.
Krystal J. Brumfield,
Associate Administrator, Office of Government-wide Policy.
BILLING CODE 6820-14
BILLING CODE 6820-34-P
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA)
Statement of Regulatory Priorities
The National Aeronautics and Space Administration's (NASA) aim is
to increase human understanding of the solar system and the universe
that contains it and to improve American aeronautics ability. NASA's
basic organization consists of the Headquarters, nine field Centers,
the Jet Propulsion Laboratory (a federally funded research and
development center), and several component installations which report
to Center Directors. Responsibility for overall planning, coordination,
and control of NASA programs is vested in NASA Headquarters, located in
Washington, DC.
NASA continues to implement programs according to its 2022
Strategic Plan. The Agency's mission is to ``explore the unknown in air
and space, innovate for the benefit of humanity, and inspire the world
through discovery.'' The 2022 Strategic Plan (available at 2022 NASA
Strategic Plan) guides NASA's program activities through a framework of
the following four strategic goals:
Strategic Goal 1: Expand human knowledge through new
scientific discoveries.
Strategic Goal 2: Extend human presence deeper into space
and to the Moon for sustainable long-term exploration and utilization.
Strategic Goal 3: Catalyze economic growth and drive
innovations to address national challenges.
Strategic Goal 4: Enhance capabilities and operations to
catalyze current and future mission success.
NASA's Regulatory Philosophy and Principles
The Agency's rulemaking program strives to be responsive,
efficient, and transparent. NASA adheres to the general principles set
forth in Executive Order 12866, Regulatory Planning and Review. NASA is
a signatory to the Federal Acquisition Regulatory (FAR) Council. The
FAR at 48 Code of Federal Regulations (CFR), chapter 1, contains
procurement regulations that apply to NASA and other Federal agencies.
Pursuant to 41 United States Code (U.S.C.), section 1302, and FAR
1.103(b), the FAR is jointly prepared, issued, and maintained by the
Secretary of Defense, the Administrator of General Services, and the
Administrator of NASA, under several of their statutory authorities.
NASA is also mindful of the importance of international regulatory
cooperation, consistent with domestic law and the United States (U.S.)
trade policy, as noted in Executive Order 13609, Promoting
International Regulatory Cooperation. NASA, along with the Departments
of State, Commerce, and Defense, engage with other countries in the
Wassenaar Arrangement, Nuclear Suppliers Group, Australia Group, and
Missile Technology Control Regime through which the international
community develops a common list of items that should be subject to
export controls. NASA also has been a key participant in interagency
efforts to overhaul and streamline the U.S. Munitions List and the
Commerce Control List. These efforts help facilitate transfers of goods
and technologies to allies and partners while helping prevent transfers
to countries of national security and proliferation concerns.
NASA Priority Regulatory Actions
NASA is highlighting the priorities summarized below in this
agenda.
Procedures for Implementing the National Environmental Policy Act
(NEPA)
NASA is finalizing its regulations for implementing the National
Environmental Policy Act of 1969 and the Council on Environmental
Quality regulations. These amendments will update 14 CFR subpart
1216.3, Procedures for Implementing the NEPA, to incorporate the
Agency's review of its Categorical Exclusions and streamline the NEPA
process to better support NASA's evolving mission.
NASA Federal Acquisition Regulation (FAR) Supplement (NFS)
NASA is finalizing its regulations in the NFS at 48 CFR, chapter
18. These amendments will remove the Solicitation Provision and the
Determination of Compensation Reasonableness to align with FAR
requirements and changes made in 10 U.S.C. pursuant to a section of the
William M. (Mac) Thornberry National Defense Authorization Act (NDAA)
for Fiscal Year (FY) 2021 (Pub. L. 116-283). The Agency will also issue
a proposed rule to amend chapter 18 to align with changes made in the
FAR that reflects an updated ``commercial item'' definition pursuant to
a section of the John S. McCain NDAA for FY 2019 (Pub. L. 115-232).
Public Outreach and Engagement
As NASA develops regulations, we seek to increase public
participation and community outreach to be better informed of and
address issues from
[[Page 9510]]
members of the public affected by our regulations. For example, our
Office of Communications is currently beta testing a revised website to
enhance NASA's interactions with the public. The revised site will
include a ``Doing Business With NASA'' page; opportunities and advice
on providing public comment on NASA regulations, and information on
forming partnerships with the Agency using NASA's Other Transactional
Authorities, such as Space Act Agreements.
NASA uses Federal Register notices, website postings, press
releases, and social media releases to notify the public of the dates
and times for input on NASA programs. NASA offices also work to support
roundtables and similar engagements so stakeholder organizations can
meet with NASA leaders to discuss and share information about NASA
policies and programs. Currently, the Agency sponsors 12 Federal
advisory committee providing NASA the opportunity to engage with
external subject matter experts on key topics of Agency interest. All
advisory meetings are announced in the Federal Register, allowing an
opportunity for the public to obtain information on committee work
before it leads to recommendations for Agency consideration.
NASA engages with the public on procurement-related regulations in
several ways. In addition to publishing abstracts and anticipated
publication dates for upcoming rules in the biannual Unified Agenda,
members of the public can track the progress of any open and pending
NASA regulation upon publication of NASA Federal Acquisition
Regulations (FAR) Supplement (NFS) rules in the Federal Register (FR).
NASA also meets with industry associations on a quarterly basis
both for its own regulations and as a signatory to the FAR. Industry
associations that regularly participate in these discussions include
members of Council of Defense and Space Industry Associations (CODSIA).
CODSIA current member associations include:
Aerospace Industries Association
American Council of Engineering Companies
Associated General Contractors
Computing Technology Industry Association Federal Procurement
Council
Information Technology Industry Council
National Defense Industrial Association
Professional Services Council
During these meetings, NASA often provides information on open FAR
rules which is publicly accessible in the FAR Case Status Report at
https://www.acq.osd.mil/dpap/dars/far_case_status.html, and may provide
an update on companion NFS acquisition rules. Occasionally, while NFS
or FAR rules are out for public comment, NASA will hold a public
meeting to allow the public to provide feedback in an open forum.
Information regarding a public meeting is typically provided the rule
document upon publication for comment.
NASA's Acquisition also conveys policy changes through publications
the following websites:
Procurement Class Deviations at https://www.hq.nasa.gov/office/procurement/regs/pcd.pdf.
Procurement Notices (https://www.hq.nasa.gov/office/procurement/regs/pn.pdf).
Procurement Information Circulars at https://www.hq.nasa.gov/office/procurement/regs/pic.pdf.
NASA actively engages the public through Federal Register
publications. For example, two Requests for Information [86 FR 31735
and 88 FR 21725] were published to gather input on the obstacles and
difficulties hindering involvement of individuals from underserved
communities (as defined in Executive Order 13985, Advancing Racial
Equity and Support for Underserved Communities Through the Federal
Government, and Executive Order 14091 Further Advancing Racial Equity
and Support for Underserved Communities Through the Federal Government)
in NASA's procurement, grants, and cooperative agreements. Currently,
public responses are being reviewed by the Agency. In the interim, NASA
has taken action to increase its outreach efforts aimed at reaching
underserved communities; specifically providing additional virtual
training seminars and webinars to engage members of underserved
communities on understanding NASA programs and on how to do business
with NASA.
In addition to these program-specific efforts, NASA regularly seeks
feedback from customers in the form of information collections under
the Paperwork Reduction Act (PRA). The Agency maintains several generic
PRA clearances allowing the Agency to rapidly engage the public.
2700-0153, Generic Clearance for the Collection of Qualitative Feedback
on Agency Service Delivery
This collection of information allows the Agency to engage members
of the public and stakeholders through quick surveys, small discussion
or focus groups, and can highlight areas where communication, training,
or changes in operations which could improve delivery of products or
services. For example, the Artemis Student Challenges (ASC) provides
foundational learning opportunities to prepare students to learn and
engage in Artemis-focused challenges that align with the technological
needs of the Artemis missions and/or that will provide the Artemis
generation with new, authentic, high- quality student challenge
experiences. ASC provides students with the opportunity to design,
build, and test technologies.
2700-0159, Generic Clearance for the NASA Office of Education
Performance Measurement and Evaluation (Testing)
This collection supports NASA's Office of STEM Engagement which
administers the Agency's national education activities in support of
the Space Act. This collection allows the Agency to validate the forms
and instruments used by educators, students and NASA interns for
program application forms, customer satisfaction questionnaires, focus
group protocols, and project activity survey instruments.
2700-0181, Generic Clearance for Improving Customer Experience (OMB
Circular A-11, Section 280 Implementation)
This information collection is used to garner customer and
stakeholder feedback in accordance with the Administration's commitment
to improving customer service delivery as discussed in Section 280 of
OMB Circular A-11. The Circular established government-wide standards
for mature customer experience organizations in government to identify
their highest-impact customer journeys and select touchpoints or
transactions within those journeys to collect feedback. These results
will be used to improve the delivery of Federal services and programs
and will provide government-wide data on customer experience that can
be displayed on performance.gov to help build transparency and
accountability of Federal programs.
NASA's SBIR/STTR team is currently considering how to leverage this
collection to:
Develop a user-friendly interface for online applications
to make it easier for small businesses to navigate the submission
process.
Simplify the application process to reduces administrative
burden.
[[Page 9511]]
Seek feedback from applicants and stakeholders to identify
areas for improvement.
BILLING CODE 7510-13-P
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)
Statement of Regulatory Priorities
The National Archives and Records Administration (NARA) primarily
issues regulations directed to other federal agencies. These
regulations include records management, information services, and
information security. For example, records management regulations
directed to federal agencies concern the proper management and
disposition of federal records. Through the Information Security
Oversight Office (ISOO), NARA also issues Government-wide regulations
concerning information security classification, controlled unclassified
information (CUI), and declassification programs; through the Office of
Government Information Services, NARA issues Government-wide
regulations concerning the Freedom of Information Act (FOIA) dispute
resolution services and FOIA ombudsman functions; and through the
Office of the Federal Register, NARA issues regulations concerning
publishing federal documents in the Federal Register, Code of Federal
Regulations, and other publications.
NARA regulations directed to the public primarily address access to
and use of our historically valuable holdings, including archives,
donated historical materials, Nixon Presidential materials, and other
Presidential records. NARA also issues regulations relating to the
National Historical Publications and Records Commission (NHPRC) grant
programs.
Proposed Changes to Rescheduling Requirements
In the second quarter of FY 2024, NARA will issue a draft rule with
changes to 36 CFR 1225.22 regarding requirements for agencies to
reschedule their records. All rescheduling requirements will be in
section 1225.22. NARA will remove and reserve sections 1225.24 and
1225.26 to eliminate the media neutral notification requirement, which
is no longer relevant.
Enhancing Oversight Requirements for Records Management
We also propose to amend 36 CFR part 1239. We are removing subpart
B--Program Assistance, as it is out-of-date and informational, and
provides no agency requirements. We are proposing to update the
remaining subparts to provide clarity and specificity to our agency
oversight requirements. We propose to move unauthorized disposition
requirements from 36 CFR part 1230 to 36 CFR part 1239 and strengthen
them.
Streamlining Requirements for Agencies Dealing With General Records
Schedules and GAO
We propose updating 36 CFR 1225.20 and removing 1225.12(h) to make
it easier for agencies applying the General Records Schedules (GRS) by
minimizing the instances where the General Accounting Office (GAO) must
be consulted. Now, agencies will only need GAO approval for deviations
from GRS 1.1, item 010, which relates to accountable officer records.
They won't need GAO approval for deviations from other parts of the
GRS. Also, they won't need GAO approval for program records schedules
that are less than three years old.
New Digitization Standards for Permanent Still Image Film Records
The next step for digitization standards in NARA's Regulations will
include technical standards for digitizing various permanent still
image film records, such as transparencies, negatives, radiographic,
microfiche, and microfilm. These standards will be added to subpart E
of 36 CFR part 1236.
Revising Provisions for Digital Photographs
We propose revising the provisions stated in 36 CFR 1237.28(d),
which addresses special concerns for digital photographs. This revision
is essential because the recent publication of subpart E of 36 CFR part
1236 introduces new and more detailed requirements for digitizing
photographic prints.
Authorization for Disposing of Digitized Temporary Records
In June 2023, NARA released GRS Transmittal 34, introducing GRS 4.5
Digitizing Records. As a result, we propose updating the regulations in
36 CFR 1236.36 to ensure appropriate authorization for disposing of
temporary records after they have been digitized. Furthermore, we
propose aligning the language used throughout 36 CFR subpart D with the
newly published subpart E of 36 CFR part 1236.
Improving Regulations for Electronic Message Preservation
On January 1, 2021, the Federal Records Act was amended. The
updated law now requires the Archivist of the United States to create
regulations for federal agencies on preserving electronic messages that
are considered records. In response to this, we are proposing changes
to our regulations by revising section 1236.22, which covers the
additional requirements for managing electronic mail records. The aim
is to clearly outline the records management requirements for
electronic messages and systems.
These records management regulatory priorities align with the goals
and initiatives of our Strategic Plan 2022-2026.
BILLING CODE 7515-01-P
NATIONAL SCIENCE FOUNDATION
Overview
The National Science Foundation (NSF) is an independent federal
agency created by Congress in 1950 ``to promote the progress of
science; to advance the national health, prosperity, and welfare; to
secure the national defense . . .'' NSF is vital because we support
basic research and people to create knowledge that transforms the
future. This type of support:
Is a primary driver of the U.S. economy
Enhances the nation's security
Advances knowledge to sustain global leadership
With an annual budget of $9.5 billion (FY 2023), we are the funding
source for approximately 23% of the total federal budget for basic
research conducted at U.S. colleges and universities. In many fields
such as mathematics, computer science and the social sciences, NSF is
the major source of federal backing.
We fulfill our mission chiefly by issuing limited-term grants--
currently about 11,200 new awards per year, with an average duration of
three years--to fund specific research proposals that have been judged
the most promising by a rigorous and objective merit-review system.
Most of these awards go to individuals or small groups of
investigators. Others provide funding for research centers, instruments
and facilities that allow scientists, engineers, and students to work
at the outermost frontiers of knowledge.
NSF's goals--discovery, learning, research infrastructure and
stewardship--provide an integrated strategy to advance the frontiers of
knowledge, cultivate a world-class, broadly inclusive science and
engineering workforce and expand the scientific literacy of all
citizens, build the nation's research capability through
[[Page 9512]]
investments in advanced instrumentation and facilities, and support
excellence in science and engineering research and education through a
capable and responsive organization. We like to say that NSF is ``where
discoveries begin.''
NSF is committed to expanding the opportunities in STEM to people
of all racial, ethnic, geographic, and socioeconomic backgrounds,
sexual orientations, gender identities and to persons with
disabilities.
We value diversity and inclusion, demonstrate integrity and
excellence in our devotion to public service and prioritize innovation
and collaboration in our support of the work of the scientific
community and of each other.
While broadening participation in STEM is included in NSF's merit
review criteria, some programs go beyond the standard review criteria.
These investments--which make up NSF's Broadening Participation in STEM
Portfolio--use different approaches to build STEM education and
research capacity, catalyze new areas of STEM research, and develop
strategic partnerships and alliances.
Many of the discoveries and technological advances have been truly
revolutionary. In the past few decades, NSF-funded researchers have won
some 236 Nobel Prizes as well as other honors too numerous to list.
These pioneers have included the scientists or teams that discovered
many of the fundamental particles of matter, analyzed the cosmic
microwaves left over from the earliest epoch of the universe, developed
carbon-14 dating of ancient artifacts, decoded the genetics of viruses,
and created an entirely new state of matter called a Bose-Einstein
condensate.
NSF also funds equipment that is needed by scientists and engineers
but is often too expensive for any one group or researcher to afford.
Examples of such major research equipment include giant optical and
radio telescopes, Antarctic research sites, high-end computer
facilities and ultra-high-speed connections, ships for ocean research,
sensitive detectors of very subtle physical phenomena and gravitational
wave observatories.
Another essential element in NSF's mission is support for science
and engineering education, from pre-K through graduate school and
beyond. The research we fund is thoroughly integrated with education to
help ensure that there will always be plenty of skilled people
available to work in new and emerging scientific, engineering, and
technological fields, and plenty of capable teachers to educate the
next generation.
No single factor is more important to the intellectual and economic
progress of society, and to the enhanced well-being of its citizens,
than the continuous acquisition of new knowledge. NSF is proud to be a
major part of that process.
Specifically, the Foundation's organic legislation authorizes us to
engage in the following activities:
A. Initiate and support, through grants and contracts, scientific
and engineering research, and programs to strengthen scientific and
engineering research potential, and education programs at all levels,
and appraise the impact of research upon industrial development and the
general welfare.
B. Award graduate fellowships in the sciences and in engineering.
C. Foster the interchange of scientific information among
scientists and engineers in the United States and foreign countries.
D. Foster and support the development and use of computers and
other scientific methods and technologies, primarily for research and
education in the sciences.
E. Evaluate the status and needs of the various sciences and
engineering and take into consideration the results of this evaluation
in correlating our research and educational programs with other federal
and non-federal programs.
F. Provide a central clearinghouse for the collection,
interpretation, and analysis of data on scientific and technical
resources in the United States, and provide a source of information for
policy formulation by other federal agencies.
G. Determine the total amount of federal money received by
universities and appropriate organizations for the conduct of
scientific and engineering research, including both basic and applied,
and construction of facilities where such research is conducted, but
excluding development, and report annually thereon to the President and
the Congress.
H. Initiate and support specific scientific and engineering
activities in connection with matters relating to international
cooperation, national security, and the effects of scientific and
technological applications upon society.
I. Initiate and support scientific and engineering research,
including applied research, at academic and other nonprofit
institutions and, at the direction of the President, support applied
research at other organizations.
J. Recommend and encourage the pursuit of national policies for the
promotion of basic research and education in the sciences and
engineering. Strengthen research and education innovation in the
sciences and engineering, including independent research by
individuals, throughout the United States.
K. Support activities designed to increase the participation of
women and minorities and others underrepresented in science and
technology. The Louis Stokes Alliances for Minority Participation
(LSAMP) program is an alliance-based program. The program's theory is
based on the Tinto model for student retention referenced in the 2005
LSAMP program evaluation (cleared under 3145-0190 and now covered by
3145-0226). The overall goal of the program is to assist universities
and colleges in diversifying the nation's science, technology,
engineering, and mathematics (STEM) workforce by increasing the number
of STEM baccalaureate and graduate degrees awarded to populations
historically underrepresented in these disciplines: African Americans,
Hispanic Americans, American Indians, Alaska Natives, Native Hawaiians,
and Native Pacific Islanders. LSAMP's efforts to increase diversity in
STEM are aligned with the goals of the Federal Government's five-year
strategic plan for STEM education, Charting a Course for Success:
America's Strategy for STEM Education.
With this fall regulatory agenda, NSF highlights the Robert Noyce
Teacher Scholarship (Noyce) Program (RIN 3145-AA65). This program
provides funding to institutions of higher education for scholarships
to STEM major undergraduates and professionals to become effective
certified K-12 STEM teachers and experienced, exemplary K-12 teachers
to become master teacher leaders in high-need school districts.
Undergraduate and post-baccalaureate STEM professionals receiving
funding must teach two years in a high-need school district for each
year in which they have received financial support. Post-baccalaureate
STEM professionals must teach for four years in a high-need school
district during which time they receive annual salary supplements from
the grant funds. Experienced, exemplary K-12 teachers of mathematics or
science in high-need school districts receiving financial support may
be supported for one year in obtaining a master's degree and then
receive a salary supplement from grant funds for four years as they
continue to teach in a high-need school district. Individuals who
already possess a master's degree can be supported for five years with
salary supplements from grant funds as they continue to teach in a
high-need school
[[Page 9513]]
district. NSF, in consultation with the Secretary of Education, plans
to l propose regulations on the process of treating scholarships as
Federal unsubsidized student loans for repayment purposes when the
scholarship recipients fail to meet their required service obligations
under the Noyce Program.
Consistent with the President's Executive Order on Modernizing
Regulatory Review (Apr. 6, 2023), NSF intends to consider a variety of
methods, beyond publication of the proposed regulation for public
comment in the Federal Register, to encourage the participation and
input of potentially affected individuals and entities. These
additional efforts may include notices, bulletins, emails, phone calls,
meetings, surveys, ``office hours,'' or other means of communication,
information gathering, and dialogue with academic institutions that
receive or have received Noyce scholarship funding, as well as similar
outreach, by NSF or these institutions, to past and present individual
Noyce scholarship recipients, to obtain their views.
In addition, NSF regularly seeks feedback from customers in the
form of information collections under the Paperwork Reduction Act
(PRA). NSF maintains three generic PRA clearances allowing the Agency
to rapidly engage the public: two clearances allow NSF to collect
customer feedback on service delivery for NSF programs such as
principal investigator workshops and website redesigns (OMB Control
Number 3145-0215, Generic Clearance for the Collection of Qualitative
Feedback on Agency Service Delivery and OMB Control Number 3145-0254,
Generic Clearance for Improving Customer Experience (OMB Circular A-11,
Section 280 Implementation)), and a third to allow NSF to collect
information for evaluation, research, and evidence building in order to
improve surveys conducted by the National Center for Science,
Engineering and Statistics programs (OMB Control Number 3145-0174, SRS-
Generic Clearance of Survey Improvement Projects for the Division of
Science Resources Statistics). Additional information regarding these
collections--including all background materials--can be found at
https://www.reginfo.gov/public/do/PRAMain.
BILLING CODE 7555-01-P
U.S. OFFICE OF PERSONNEL MANAGEMENT
Statement of Regulatory and Deregulatory Priorities
Fall 2023 Unified Agenda
The Office of Personnel Management (OPM) serves as the chief human
resources agency and personnel policy manager for the Federal
Government. We are champions of talent for the Federal Government,
leading Federal agencies in workforce policies, programs, and benefits
in service to the American people. We seek to position the Federal
Government as a model employer through innovation, inclusivity, and
leadership, as we build a rewarding culture that empowers the Federal
workforce to tackle some of our nation's toughest challenges.
OPM's regulatory agenda is aligned with these core mission areas
and advances multiple Biden-Harris Administration priorities. Indeed,
each of OPM's regulations is focused on improving the efficiency and
effectiveness of government--a key Administration priority. In
addition, several of OPM's regulations are:
Actions that empower workers and increase their wages;
Actions that promote racial and gender equity and LGBTQI+
equality and address issues of disability, religious discrimination,
persistent poverty, and immigration;
Actions that address pandemic preparedness and access to
healthcare; and
Actions that improve access to and delivery of public
programs and services by reducing administrative burden.
While OPM is committed to promoting inclusiveness in the regulatory
process, most of our regulations are focused on organizational and
personnel matters and, therefore, agency engagement with the general
public is limited. In cases where OPM regulations do have public
impact, OPM actively engages with stakeholders who may be affected by
our regulations directly or indirectly through the social groups they
represent. Public participation through petitions, job fairs, webinars,
meetings, and the public comment process have informed the development
of a few of our rulemakings at the initiation phase of the process and
are summarized in this Statement, where applicable. Generally, however,
OPM's engagement in developing its regulatory program focuses on
engagement with agencies (such as through the Chief Human Capital
Officers Council) and employee representative groups (such as labor
unions).
We will continue to encourage and provide opportunities for
meaningful participation to inform regulatory planning in the future.
I. Actions That Empower Workers and Increase Their Wages
OPM is committed to recruiting, retaining, and supporting a world-
class Federal workforce. This means providing pathways to Federal
service, working to make every Federal job a good job, and
strengthening Federal labor unions. OPM's regulatory agenda advances
each of these goals and reflects the inputs received from members of
the public during different phases of the rulemaking process.
Pathways Programs (3206-AO25)
OPM is finalizing modifications to the Pathways Programs to align
the three constituent programs to better meet the Federal government's
needs for recruiting and hiring interns and recent graduates. OPM
proposes to update the regulations for the Pathways Programs to
facilitate a better applicant experience, to improve developmental
opportunities for Pathways Program participants, and to streamline
agencies' ability to hire participants in the Pathways Programs,
especially those who have successfully completed their Pathways
requirements and are eligible for conversion to a term or permanent
position in the competitive service. Robust Pathways Programs with
appropriate safeguards to promote its use as a supplement to, and not a
substitute for, the competitive hiring process is essential to boosting
the Federal government's ability to recruit and retain early career
talent.
This rule was informed by feedback from various stakeholders over
the past decade, including applicants, educational institutions,
Federal employees, and agencies. Major sources of this feedback include
outreach events like job fairs and presentations/webinars on the
Pathways Programs. Email inquiries from applicants and participants
about how the Programs work provided additional opportunities to
receive feedback. Based on these inputs, OPM is modifying current
regulations to allow Recent Graduate and Presidential Management
Fellows participants to be converted to term or permanent positions in
any agency, when appropriate. After publishing the proposed rule, OPM
further engaged stakeholders to ensure awareness and encourage the
submission of comments that may inform the development of the final
rule.
[[Page 9514]]
Time-Limited Promotions [3206-A052]
The Office of Personnel Management (OPM) is issuing a proposed rule
to clarify that bargaining- unit employees who are detailed or
temporarily promoted to higher grade duties of a higher- graded
position should be paid appropriately for performing these duties, when
ordered by an arbitrator, administrative body, or court, under a
collective bargaining agreement and the employees were assigned these
duties outside of competitive hiring procedures. Similarly, the
proposed rule clarifies that non-bargaining unit employees should also
be paid appropriately for performing these duties if ordered by an
administrative body or court. At present, non-competitive temporary
promotions and non-competitive details to duties of higher-graded
positions are limited to no more than 120 days under OPM regulations
regardless of the bargaining-unit status of the employee. Current
regulations prohibit employees from being appropriately paid for
higher- graded duties performed in excess of 120 days and assigned
without competition. As a result, the principle of equal pay for equal
work is absent and bargaining unit employees are unable to have
meaningful recourse through their negotiated collective bargaining
agreement.
OPM's decision to issue this proposed rule was informed by
engagement with the National Treasury Employees Union (NTEU) and the
National Federation of Federal Employees (NFFE). In 2022, NTEU
submitted a written petition to OPM seeking the issuance of a rule
under 5 U.S.C. 553(e). This petition outlined the problem to be
addressed with recommended changes. In addition, NFFE raised similar
suggestions in meetings with OPM in late 2022. When the proposed rule
is issued, OPM anticipates further engagement with national unions and
other Federal employee groups.
Upholding Civil Service Protections and Merit System
Principles [3206-A056]
OPM plans to finalize a rule to uphold civil service protections
and merit system principles after consideration of comments on OPM's
proposal. OPM proposed to clarify that employees who are moved
involuntarily from the competitive to the excepted service, or from one
excepted service schedule to another, retain the status and adverse
action rights they had at the time of movement. OPM's proposal also
required Federal agencies to follow specific procedures upon moving any
employees without their consent from the competitive service to the
excepted service or, if already in the excepted service, to a different
excepted service schedule. Finally, OPM proposed to define positions of
a ``confidential, policy-determining, policy-making, or policy-
advocating character,'' in accordance with legislative history and
Congressional intent, to mean political appointments.
In late 2022, the National Treasury Employees Union (NTEU)
submitted a written petition to OPM outlining their views on regulatory
changes that would reinform civil service protections and merit system
principles. Subsequently in early 2023, the Federal Workers Alliance
(FWA) sent a letter to OPM expressing support for the NTEU petition.
OPM anticipates engagement with national unions and other Federal
employee groups during the notice and comment period as part of the
standard regulatory process.
II. Actions That Promote Racial and Gender Equity and LGBTQI+ Equality
and Address Issues of Disability, Religious Discrimination, Persistent
Poverty, and Immigration
In fact, many of the regulations noted above--in particular, those
focused on providing pathways into the Federal Government--emphasize
equity. Additional work in this area focuses on promoting pay equity
and OPM has made efforts to encourage feedback on the proposals from
stakeholders.
Advancing Pay Equity in Governmentwide Pay Systems (3206-AO39)
OPM is issuing a final rule to advance pay equity in the General
Schedule (GS) pay system, Prevailing Rate Systems, Administrative
Appeals Judge (AAJ) pay system, and Administrative Law Judge (ALJ) pay
system by revising the criteria for making salary determinations based
on salary history. After the proposed rule was published, OPM shared it
with more than 990 stakeholders to ensure awareness and encourage the
submission of comments that may inform the development of the final
rule.
III. Actions That Address Pandemic Preparedness and Access to
Healthcare
OPM has helped to lead the Federal Government throughout the COVID-
19 pandemic--serving as a co-chair of the Safer Federal Workforce Task
Force, supporting agencies with implementation of a maximum telework
posture, and providing meaningful benefits to Federal employees. OPM
will continue this important work through its regulatory agenda.
Scheduling of Annual Leave for Employees Responding to COVID-
19 (3206-AO04)
OPM is finalizing regulations to assist agencies and employees
responding to the National Emergency Concerning the Novel Coronavirus
Disease (COVID-19) Outbreak and for future national emergencies. The
regulations provide that employees who would forfeit annual leave in
excess of the maximum annual leave allowable carryover because of their
work to support the nation during a national emergency will have their
excess annual leave deemed to have been scheduled in advance and
subject to leave restoration.
Evacuation During a Public Health Emergency (3206-AO34)
OPM is proposing a new subpart Q within 5 CFR part 550, which would
amend, expand, and reorganize regulations that currently provide
agencies with the authority to evacuate employees during a pandemic
health crisis. The revised regulations will provide agencies with the
authority to evacuate an employee or groups of employees during either
a public health emergency declaration or a pandemic health crisis. The
current authority to evacuate employees during a pandemic health crisis
is found at 5 CFR 550.409. This revision and reorganization of the
regulations will enable OPM to capitalize on lessons learned from the
COVID-19 pandemic.
Postal Service Health Benefits Program (3206-AO43)
OPM is finalizing an interim final rule that implemented the Postal
Service Health Benefits (PSHB) Program within the Federal Employees
Health Benefits (FEHB) Program pursuant to the Postal Service Reform
Act of 2022. This regulation will ensure continuity of health insurance
coverage for Postal Service employees, annuitants, and their family
members who will no longer be eligible for FEHB in January 2025; enable
enrollees access to more prescription drug coverage options and
potential reduction in prescription drug costs for Medicare Part D
eligible enrollees; reduce the Postal Service's premiums by
approximately $5.7 billion over 10 years (CBO Analysis) and reduce its
future liability for retiree health benefits; and enable use of a
central enrollment portal that will reduce administrative burden for
enrollment, which will ensure more accurate payment of plans, allow
more
[[Page 9515]]
frequent sharing of enrollment data with plans, and limit human error.
IV. Actions That Improve Access to and Delivery of Public Programs and
Services by Reducing Administrative Burden
OPM's work in this area focuses on improving efficiency and
providing agencies additional flexibilities in the hiring process.
Hiring Authority for Post-Secondary Students (3206-AN86)
OPM is finalizing regulations establishing hiring authorities for
post-secondary students to positions in the competitive service to
provide additional flexibility in hiring eligible and qualified
individuals. These revisions will implement section 1108 of Public Law
115-232, John S. McCain National Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2019.
Hiring Authority for College Graduates (3206-AN79)
OPM is finalizing regulations establishing hiring authorities for
certain college graduates to positions in the competitive service. This
rule will provide additional flexibility in hiring eligible and
qualified individuals by implementing section 1108 of Public Law 115-
232, the NDAA for FY 2019.
Rule of Many (3206-AN80)
OPM is finalizing regulations to implement changes--known as the
``rule of many''--authorized by the NDAA for FY 2019 governing the
selection of candidates from competitive lists of eligibles. The
statute eliminates the requirement that an agency select only from the
top three candidates at any given juncture (the rule of three) in
numerical rating and ranking and instead authorizes agencies to certify
and consider a sufficient number of candidates, no fewer than three,
using a cut-off score or other mechanism established through this
rulemaking. This change also affects how agencies may make selections
under 5 CFR part 302, titled ``Employment in the Excepted Service.''
These changes will provide expanded flexibility to agencies in the
selection of candidates.
Noncompetitive Appointment of Certain Military Spouses (3206-
AO57)
OPM is issuing interim final regulations to implement section 1111
of Public Law 117-263, the NDAA for FY 2023. These revisions extend the
eligibility criteria for any spouse married to an active-duty military
member through December 31, 2028, and remove the agency reporting
requirements established under section 573(d) of Public Law 115-232.
The intended effect of the Authority is to increase the hiring of
military spouses in the Federal Government.
Recruitment and Relocation Incentive Waivers (3206-AO36)
OPM is issuing a proposed rule to expand the authority to approve
waivers of the normal payment limitations on recruitment and relocation
incentives, so that agencies have access to higher payment limitations
based on a critical need without requesting approval from OPM.
Currently, agencies have the authority to approve a recruitment or
relocation incentive without OPM approval for payments of up to 25
percent of an employee's annual rate of basic pay times the number of
years in a service agreement (not to exceed 4 years or 100 percent of
annual basic pay). Under a waiver, agencies could approve a recruitment
or relocation incentive without OPM approval for payments of up to 50
percent of an employee's annual rate of basic pay times the number of
years in a service agreement (not to exceed 100 percent of annual basic
pay).
Recruitment and Selection Through Competitive Examination
(3206-AO24)
OPM is finalizing revisions implementing the Competitive Service
Act of 2015, Public Law 114-137, to allow an appointing authority
(i.e., the head of a federal agency or department) to share a
competitive certificate of eligibles with one or more appointing
authorities for the purpose of making selections of qualified
candidates.
Selective Service Registration (3206-AO37)
OPM is proposing regulations to enable executive agencies to make
initial determinations as to whether failure to register with the
Selective Service System was knowing and willful.
BILLING CODE 3280-F5-P
PENSION BENEFIT GUARANTY CORPORATION (PBGC)
Statement of Regulatory and Deregulatory Priorities
The Pension Benefit Guaranty Corporation (PBGC or Corporation) is a
federal corporation created under title IV of the Employee Retirement
Income Security Act of 1974 (ERISA) to protect the retirement security
of over 33 million American workers, retirees, and beneficiaries in
both single-employer and multiemployer private-sector pension plans.
PBGC administers two insurance programs--one for single-employer
defined benefit pension plans and a second for multiemployer defined
benefit pension plans. In addition, PBGC administers a special
financial assistance (SFA) program for eligible financially troubled
multiemployer plans.
Single-Employer Program. Under the single-employer
program, when a plan terminates with insufficient assets to cover all
plan benefits (distress and involuntary terminations), PBGC pays plan
benefits that are guaranteed under title IV. PBGC also pays
nonguaranteed plan benefits to the extent funded by plan assets or
recoveries from employers. In fiscal year (FY) 2022, PBGC paid over
$7.0 billion in benefits to more than 960,000 participants. Operations
under the single-employer program are financed by insurance premiums,
investment income, assets from pension plans trusteed by PBGC, and
recoveries from the companies formerly responsible for the trusteed
plans.
Multiemployer Program. The multiemployer program covers
collectively bargained plans involving more than one unrelated
employer. PBGC provides traditional financial assistance (technically
in the form of a loan, though almost never repaid) to the plan if the
plan is insolvent and thus unable to pay benefits at the guaranteed
level. The guarantee is structured differently from, and is generally
significantly lower than, the single-employer guarantee. In FY2022,
PBGC provided $217 million in traditional financial assistance to 115
insolvent multiemployer plans covering 93,525 participants receiving
guaranteed benefits. Those plans also cover an additional 46,480
participants entitled to receive benefits in the future. PBGC also
provided a final payment of $9 million in financial assistance to
facilitate the merger of two multiemployer plans. Operations under the
multiemployer program generally are financed by insurance premiums and
investment income.
Special Financial Assistance Program. The American Rescue
Plan (ARP) Act of 2021 added section 4262 of ERISA, which requires PBGC
to provide SFA to certain financially troubled multiemployer plans upon
application for assistance. PBGC's SFA Program requires plans to
demonstrate eligibility for SFA and to calculate the amount of
assistance pursuant to ARP and PBGC's regulations. This program is
funded by general tax revenues.
[[Page 9516]]
For the second year in a row, both PBGC's Multiemployer Program and
Single-Employer Program have a positive net position at fiscal year-
end. The financial status of the single-employer program improved from
a positive net financial position of $30.9 billion at the end of FY
2021 to $36.6 billion at the end of FY 2022. The net financial position
of the multiemployer program improved from a positive net position of
$481 million at the end of FY 2021 to $1.1 billion at the end of FY
2022.
ARP substantially improves the financial condition and the outlook
for PBGC's multiemployer program. By forestalling the near-term
insolvency of the most troubled multiemployer plans, the multiemployer
program is no longer expected to go insolvent in FY 2026 and can
accumulate a greater level of reserve assets in its insurance fund in
the near-term.
To carry out its statutory functions, PBGC issues regulations on
such matters as how to pay premiums, when reports are due, what
benefits are covered by the insurance programs, how to terminate a
plan, the liability for underfunding, and how withdrawal liability
works for multiemployer plans. PBGC follows a regulatory approach that
seeks to encourage the continuation and maintenance of securely-funded
defined benefit plans. In developing new regulations and reviewing
existing regulations, PBGC seeks to reduce burdens on plans, employers,
and participants, and to ease and simplify employer compliance wherever
possible. PBGC particularly strives to meet the needs of small
businesses that sponsor defined benefit plans. In all such efforts,
PBGC's mission is to protect the retirement incomes of plan
participants.
Regulatory/Deregulatory Objectives and Priorities
PBGC's regulatory/deregulatory objectives and priorities are
developed in the context of the Corporation's statutory purposes,
priorities, and strategic goals.
Pension plans and the statutory framework in which they are
maintained and terminated are complex. Despite this complexity, PBGC is
committed to issuing simple, understandable, flexible, and timely
regulations to help affected parties. PBGC's regulatory/deregulatory
objectives and priorities are:
To enhance the retirement security of workers and
retirees;
To implement regulatory actions that ease compliance
burdens and achieve maximum net benefits while protecting retirement
security; and
To simplify existing regulations and reduce burden.
PBGC endeavors in all its regulatory and deregulatory actions to
promote clarity and reduce burden on the public.
Small Businesses
PBGC considers very seriously the impact of its regulations and
policies on small entities. PBGC attempts to minimize administrative
burdens on plans and participants, improve transparency, simplify
filing, and assist plans to comply with applicable requirements. PBGC
particularly strives to meet the needs of small businesses that sponsor
defined benefit plans. In all such efforts, PBGC's mission is to
protect the retirement incomes of plan participants.
Open Government and Public Engagement
PBGC encourages public participation in the regulatory process. For
example, PBGC's ``Federal Register Notices Open for Comment'' web page
highlights when there are opportunities to comment on proposed rules,
information collections, and other Federal Register notices. PBGC
encourages comments on an ongoing basis as it continues to look for
ways to further improve the agency's regulations. PBGC staff also
actively participate in conferences focused on employee retirement
benefits and engage with plan participant advocacy groups to understand
where there may be concerns with PBGC regulations. Efforts to reduce
regulatory burden in the projects discussed below are in substantial
part a response to public comments and engagement.
American Rescue Plan
The American Rescue Plan (ARP) Act of 2021 added a new section 4262
of ERISA to create a program to provide funding to severely underfunded
multiemployer pension plans to ensure that millions of America's
workers, retirees, and their families receive the pension benefits they
earned through many years of hard work.
Under new section 4262 of ERISA, PBGC was required within 120 days
to prescribe in regulations or other guidance the requirements for SFA
applications. To implement the program, on July 9, 2021, PBGC released
an interim final rule (RIN 1212-AB53) adding a new part 4262 to its
regulations, ``Special Financial Assistance by PBGC,'' which was
published in the Federal Register on July 12, 2021. Part 4262 provides
guidance to multiemployer pension plan sponsors on eligibility,
determining the amount of SFA, content of an application for SFA, the
process of applying, PBGC's review of applications, and restrictions
and conditions on plans that receive SFA. PBGC received over 100 public
comments on many provisions of the interim rule including the
methodology plans must use to calculate the amount of SFA, permissible
investments of SFA funds, and the conditions imposed on plans that
receive SFA. PBGC published a final rule on July 8, 2022, that makes
various changes to part 4262 in response to public comments. The
provisions of the final rule became effective on August 8. PBGC
included a 30-day public comment period solely on the change to the
condition to require a phased recognition of SFA assets for purposes of
computing employer withdrawal liability. In response to comments
received, PBGC added an exception process for the withdrawal liability
conditions that apply to a plan that receives SFA, which was published
in a final rule that was effective on January 26, 2023.
Multiemployer Plans
PBGC published a proposed rule on October 14, 2022, that would
prescribe actuarial assumptions which may be used by a multiemployer
plan actuary in determining an employer's withdrawal liability (RIN
1212-AB54). Section 4213(a) of ERISA permits PBGC to prescribe by
regulation such assumptions.
Benefit levels in a multiemployer plan are typically set by
trustees representing contributing employers and unions. Withdrawal
liability generally represents an employer's share of the plan's
unfunded vested benefits (UVBs) that the plan may have at the end of
the plan year immediately preceding the plan year in which the employer
withdraws. Withdrawal liability is the portion of the UVBs allocable to
the withdrawing employer and represents a plan's only opportunity to
require a withdrawing employer to pay its allocated share of the
unfunded liabilities. When a plan does not collect an adequate amount
of withdrawal liability from a withdrawing employer or collects an
amount that is less than a withdrawing employer's allocated share of
the plan's UVBs, that burden is shifted to the remaining contributing
employers in the plan. There is a higher likelihood that the plan will
not be able to pay full accrued benefits, and ultimately, there is an
increased likelihood that it would not have resources to pay basic
(PBGC-
[[Page 9517]]
guaranteed) benefits. In that case, a plan may have to cut benefits to
the PBGC guarantee level and apply to PBGC for financial assistance,
which shifts costs to plan participants and to others in the
multiemployer insurance system who fund PBGC via annual premiums.
The rulemaking is needed to clarify that a plan actuary's use of
4044 rates represents a valid approach to selecting an interest rate
assumption to determine withdrawal liability. The rulemaking would
thereby reduce or eliminate the cost-shifting effects of impediments to
actuaries' use of 4044 rates. PBGC plans to publish a final rule that
responds to the public comments received on the proposed rule.
PBGC also plans to propose a rulemaking that would add a new part
4022A to PBGC's regulations to provide guidance on determining the
monthly amount of multiemployer plan benefits guaranteed by PBGC
(``Multiemployer Plan Guaranteed Benefits,'' RIN 1212-AB37). For
example, the proposed rule would explain what multiemployer plan
benefits are eligible for PBGC's guarantee, how to determine credited
service, how to determine a benefit's accrual rate, and how to
calculate the guaranteed monthly benefit amount.
Rethinking Existing Regulations
Most of PBGC's regulatory/deregulatory actions are the result of
its ongoing retrospective review to identify and correct unintended
effects, inconsistencies, inaccuracies, and requirements made
irrelevant over time. For example, PBGC is proposing miscellaneous
updates, clarifications, and improvements (RIN 1212-AB51) to its
regulations that are in part a response to frequently asked questions
and comments received from stakeholders, such as to annual financial
and actuarial information filings (part 4010) and filings for
termination of single-employer plans (part 4041). This action also
addresses SECURE Act changes affecting premium rates (part 4006),
benefits payable in terminated single-employer plans (part 4022), and
part 4044 (allocation of assets in single-employer plans). PBGC's
regulatory review also identified a need to improve PBGC's recoupment
of benefit overpayment rules (``Improvements to Rules on Recoupment of
Benefit Overpayments,'' RIN 1212-AB47). Other rulemakings would
modernize PBGC's regulations and policies by adopting up-to-date
assumptions and methods that are more consistent with best practices
within the pension community. For example, PBGC is considering
modernizing the interest, mortality, and expense load assumptions used
to determine the present value of benefits under the asset allocation
regulation (for single-employer plans) and for determining mass
withdrawal liability payments (for multiemployer plans) (RIN 1212-AA55)
among other purposes.
PBGC
Final Rule Stage
225. Actuarial Assumptions for Determining an Employer's Withdrawal
Liability [1212-AB54]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 29 U.S.C. 1393; 29 U.S.C. 1302(b)(3)
CFR Citation: 29 CFR 4213.
Legal Deadline: None.
Abstract: This final rule responds to public comments received on
the proposed rule. It would prescribe actuarial assumptions which may
be used by a multiemployer plan actuary in determining an employer's
withdrawal liability.
Statement of Need: Benefit levels in a multiemployer plan are
typically set by trustees representing contributing employers and
unions. Withdrawal liability generally represents an employer's share
of the plan's unfunded vested benefits (UVBs) that the plan may have at
the end of the plan year immediately preceding the plan year in which
the employer withdraws. Withdrawal liability is the portion of the UVBs
allocable to the withdrawing employer and represents a plan's only
opportunity to require a withdrawing employer to pay its allocated
share of the unfunded liabilities. When a plan does not collect an
adequate amount of withdrawal liability from a withdrawing employer or
collects an amount that is less than a withdrawing employer's allocated
share of the plan's UVBs, that burden is shifted to the remaining
contributing employers in the plan. There is a higher likelihood that
the plan will not be able to pay full accrued benefits, and ultimately,
there is an increased likelihood that it would not have resources to
pay basic (PBGC-guaranteed) benefits. In that case, a plan may have to
cut benefits to the PBGC guarantee level and apply to PBGC for
financial assistance, which shifts costs to plan participants and to
others in the multiemployer insurance system who fund PBGC via annual
premiums.
This rulemaking is needed to clarify that a plan actuary's use of
4044 rates represents a valid approach to selecting an interest rate
assumption to determine withdrawal liability in all circumstances. The
rulemaking would thereby reduce or eliminate the cost-shifting effects
of impediments to actuaries' use of 4044 rates.
Anticipated Cost and Benefits: PBGC estimates that, in the 20 years
following the final rule's effective date, there will be a nominal
increase in cumulative withdrawal liability payments ranging between
$804 million and $2.98 billion. While PBGC expects that the rulemaking
will deter employer withdrawals, it will do so only at the margin, and
this impact is difficult to estimate. Accordingly, this analysis does
not model any change to the rate of employer withdrawals or decrease in
contributions due to improved plan funding attributable to these
changes because doing so would be too speculative.
The major expenses associated with a withdrawal liability dispute
are attorney fees, arbitration fees (including fees to initiate
arbitration and fees charged by an arbitrator), and fees charged by
expert witnesses. Though costs will vary greatly from plan to plan
based on the plan's benefit formula, size of the plan, attorney and
expert witness rates, and other factors, PBGC estimates that a
withdrawal liability arbitration, measuring from a request for plan
sponsor review of a withdrawal liability determination through the end
of arbitration would range from $82,500 to $222,000. For lengthy
litigation, costs can be over $1 million. Assuming some arbitrations
and litigation would be avoided entirely, and others would be less
complex because they would not include disputes over interest
assumptions, PBGC estimates that this rulemaking would result in an
annual savings of $500,000 to $1 million, split evenly between plans
and employers.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/14/22 87 FR 62316
NPRM Comment Period End............. 11/14/22
NPRM Comment Period Extended........ 11/10/22 87 FR 67853
NPRM Comment Period End............. 12/13/22
Final Rule.......................... 11/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Government Levels Affected: None.
Agency Contact: Hilary Duke, Assistant General Counsel for
Regulatory Affairs, Pension Benefit
[[Page 9518]]
Guaranty Corporation, 445 12th Street SW, Washington, DC 20024, Phone:
202 229-3839, Email: [email protected].
RIN: 1212-AB54
BILLING CODE 7709-02-P
U.S. SMALL BUSINESS ADMINISTRATION
Statement of Regulatory Priorities
Overview
The mission of the U.S. Small Business Administration (SBA or
Agency) is to maintain and strengthen the nation's economy by helping
Americans start, grow, and build resilient businesses and recover after
disasters. In accomplishing this mission, SBA strives to improve the
economic environment for small businesses, including those in rural
areas, those in areas that have significantly higher unemployment and
lower income levels than the nation's averages, and those in
traditionally underserved markets.
SBA has several financial, procurement, and technical assistance
programs that provide a crucial foundation for Americans starting or
growing a small business. For example, the Agency serves as a guarantor
of SBA program loans to small businesses and licenses Small Business
Investment Companies that make equity and debt investments in
qualifying small businesses using a combination of privately raised
capital and SBA guaranteed leverage. SBA also helps small businesses,
including those owned by women, service-disabled veterans, minorities,
and other historically underrepresented groups, gain access to federal
government contracting opportunities. In addition, the Agency funds
various small business training and mentoring programs and provides
management and technical assistance to existing or potential small
business owners through grants, cooperative agreements, and contracts.
Finally, as an essential part of its purpose, SBA provides direct
financial assistance to homeowners, renters, and businesses to repair
or replace their property in the aftermath of a disaster. Beyond
providing a crucial foundation for business-owners, SBA's assistance to
small businesses, including access to capital, generates new jobs to
help create a strong, innovative, and sustainable American economy.
Reducing Burden on Small Businesses
SBA's regulatory policy reflects a commitment to developing
regulations that reduce or eliminate the burden on the public,
particularly the Agency's core constituents--small businesses. SBA's
regulatory process generally includes an assessment of the costs and
benefits of the regulations as required by Executive Order No. 12866,
1993, ``Regulatory Planning and Review''; Executive Order No. 13563,
2011, ``Improving Regulation and Regulatory Review''; and the
Regulatory Flexibility Act. SBA's program offices are particularly
invested in finding ways to reduce the burden imposed on the public by
the Agency's core activities in its loan, grant, innovation, and
procurement programs.
Openness and Transparency
SBA promotes transparency, collaboration, and public participation
in its rulemaking process. To that end, SBA makes a conscious effort to
engage those members of the public eligible for SBA programs or
affected by SBA regulations beyond the standard notice-and-comment
process. SBA engages in tribal consultations when proposing changes to
its government contracting regulations and often receives input on
access and burdens associated with SBA program regulations and
policies. For example, SBA conducted five tribal consultations or
listening sessions about a proposal contained within the 8(a) Ownership
and Control Rule (RIN 3245-AH70) mentioned below, leading to the
elimination of the proposal in the final rule. For SBA's Small Business
Innovation Research (SBIR) program, the Agency coordinates a road tour
around the country, on which SBA and other agencies engage small
businesses and provide them with information about the application
process and upcoming SBIR topics for grant or contract awards. The
Historically Underutilized Business Zones (HUBZones) program office
regularly provides webinars about the program to prospective and
current program participants, who are encouraged to provide feedback,
and holds ``office hours'' twice a week, during which firms are
encouraged to inquire about the certification process or provide
feedback. SBA's Office of Government Contracting & Business Development
(GCBD) and its attorneys routinely attend trade association conferences
concerning its programs, including the annual conferences hosted by the
National 8(a) Association and HUBZone Council. SBA's 8(a) Business
Development (BD) program office periodically uses its monthly Straight
Talk call to obtain input from external stakeholders. For example, in
fall 2022, the office invited stakeholders to provide feedback on ways
to improve the 8(a) application. SBA has also in the past entered
interagency agreements with the Department of the Interior to conduct
customer satisfaction surveys to gain a broad understanding of customer
experience and customer satisfaction with the availability of
information about SBA programs.
In addition to these program-specific efforts, SBA regularly seeks
feedback from customers in the form of information collections under
the Paperwork Reduction Act (PRA). SBA maintains two generic PRA
clearances that allow the Agency to rapidly engage the public: one
clearance allows SBA to collect customer feedback on service delivery
for SBA programs such as GCBD and Boots to Business, and the other
allows SBA to collect information for evaluation, research, and
evidence building in order to improve programs like GCBD, Community
Navigators, and SBA's capital programs.
Regulatory Framework
SBA's Strategic Plan for fiscal years 2022 through 2026 provides a
framework for strengthening, streamlining, and simplifying SBA programs
and leverages collaborative relationships with other agencies and the
private sector to provide small businesses with the tools they need to
drive innovation and strengthen the economy through business revenue
and job growth. The Strategic Plan serves as the foundation for the
regulations that the Agency will develop during the next twelve to
twenty-four months.
SBA developed the Strategic Plan in consultation with multiple
stakeholder groups through its Strategic Plan Working Group, which
comprised members at all levels of SBA and across numerous Agency
programs, allowing the themes revealed during the stakeholder
engagement process to be incorporated throughout the Agency. SBA also
partnered with the General Services Administration (GSA) to solicit
input and feedback from federal employees whose roles support the
implementation of SBA programs across the government or who work with
other small business development programs. In addition, the Agency
conducted community outreach across the country, including by
conducting listening sessions with community development organizations
in eight cities, from Portland, Maine, to Portland, Oregon, which
provided SBA with input from entrepreneurs of all kinds and highlighted
place-based and sector- specific issues. Finally, SBA solicited
feedback through the Federal Register, SBA.gov posting, an SBA daily
newsletter, a social media campaign,
[[Page 9519]]
and outreach to key stakeholder organizations.
Based on the input received during this stakeholder engagement
process, SBA identified the following imperatives and integrated them
into its Strategic Plan: increase collaboration with resource partners
and stakeholders to amplify SBA's reach and better communicate the
Agency's products and services, and improve SBA's data transparency so
that researchers, resource partners, community organizations, and the
public can better understand how the SBA supports the small business
and entrepreneurial ecosystem. The Strategic Plan, in turn, sets out
three strategic goals: (1) ensure equitable and customer-centric design
and delivery of programs to support small businesses and innovative
startups; (2) build resilient businesses and a sustainable economy; and
(3) implement strong stewardship of resources for greater impact.
The regulations reported in SBA's semi-annual Regulatory Agenda and
Plan are intended to facilitate achievement of these goals while
meeting the needs of the members of the public eligible for our
programs or affected by our regulations. Over the past twelve months,
SBA developed rulemakings designed to support the Administration's
Invest in America initiative and advance the country's economic growth
and resiliency.
SBA continues to take regulatory action as necessary to adjust and
adapt requirements for its programs to better support the country's
economy. In the upcoming twelve to twenty-four months, SBA will focus
on implementing recently finalized rules that increase competition in
the market for small business credit, incentivize patient investments
in innovative startups, and reduce barriers in access to capital for
underserved communities. The Agency will also focus on advancing
proposed rules that further remove barriers to credit across its loan
programs for justice-involved entrepreneurs and make SBA's contracting
and counseling programs accessible and impactful for a wider range of
small businesses.
Administration's Priorities
To the extent possible and consistent with the Agency's statutory
purpose, SBA will take action to support the Administration's
priorities highlighted in the Fall 2023 Data Call for the Unified
Agenda of Federal Regulatory and Deregulatory Actions (07/19/2023),
namely: (1) tackling the climate change emergency; (2) advancing equity
and supporting underserved, vulnerable, and marginalized communities;
(3) creating and sustaining good jobs with a free and fair choice to
join a union, and promoting economic resilience in general; and (4)
improving service delivery and customer experience and reducing
administrative burdens. In fact, many of the Agency's rulemakings cut
across multiple priorities. For example, SBA's amendments to Small
Business Investment Company (SBIC) program regulations (RIN 3245-AH90,
described below) not only support the Administration's priority to
advance equity and support underserved communities, but also aim to
improve SBA response times and enable SBA to focus on customer
relationships and monitoring funds, efforts that broadly advance the
Administration's fourth priority. Highlighted below are some of SBA's
most important regulatory actions arranged by Administration priority,
including actions SBA has completed since the spring 2023 Unified
Agenda and actions that SBA plans to take in the upcoming 12-24 months.
Priority (1)--Actions That Tackle the Climate Change Emergency
Over the past year, SBA has continued to make efforts toward its a
multi-year priority goal to help prepare and rebuild resilient
communities by enhancing communication efforts for disaster mitigation.
Under the Small Business Act, SBA is authorized to make disaster loans
for efforts to repair, rehabilitate, or replace property damaged or
destroyed as a result of a disaster. SBA's regulations in 13 CFR part
123 contain the legal framework for the SBA Disaster Loan program,
which delivers SBA financing specifically targeted for pre-disaster and
post-disaster mitigation projects. SBA can also tap into its other
financing programs for funding to put toward disaster mitigation
measures. No regulations are necessary to implement either of these
options. In addition to its regulatory actions, SBA will continue to
focus its efforts on educating the public on the benefits of investing
in mitigation and resilience projects and on increasing awareness of
SBA loan programs that small businesses can take advantage of to
purchase, renovate, or retrofit buildings and equipment in order to
reduce greenhouse gas emissions, improve energy efficiency, and enable
the development of innovative solutions that support the green economy.
i. Disaster Assistance Loan Program Changes to Maximum Loan Amounts and
Miscellaneous Updates (RIN 3245-AH91)
SBA continues to develop regulatory actions that enhance and
modernize its procurement and capital assistance programs in order to
combat the climate crisis. A direct final rule for the Disaster Loan
program, effective July 31, 2023, aimed to increase disaster survivors'
access to much needed funds to repair or replace damaged property by,
among other things, increasing home loan lending limits, extending the
deferment period, and expanding mitigation options.
Specifically, the final rule increased the lending limits on
amounts for repair and replacement of disaster damaged real and
personal property, for refinancing, for mitigation, and for contractor
malfeasance. These were necessary changes as current home loan lending
limits had not been adjusted since 1994, but inflation, housing prices,
and construction and labor costs have increased over time. From 2018
through 2022, approximately 8.5% of borrowers were unable to fully
restore their real estate and replace their personal property due to
the current home loan lending limits. In some cases, the numbers were
even higher; for example, 64.2% of recipients of home loans for damage
caused by the 2021 Colorado Wildfires and 17.6% of such borrowers from
Hurricanes Fiona and Ian were unable to fully restore their real estate
and replace personal property. Before this rule, this shortfall was
expected only to continue to increase and impact greater numbers of
disaster survivors in other regions as disasters and disaster recovery
becomes more frequent, widespread, and expensive. With respect to
deferment periods, the final rule increased the initial deferment
period from 5 months to 12 months, reducing the immediate financial
burden for disaster survivors, a crucial change as repair and
replacement timelines often extend beyond the prior 5-month deferment
period. Additionally, the final rule expanded the allowable use of
disaster loan funds used to protect damaged or destroyed real property
from possible future ``similar'' disasters to simply all possible
future disasters. By eliminating the word ``similar,'' SBA has provided
a disaster loan recipient the flexibility to use loan funds allocated
for mitigation to protect against any type of disaster and thus better
protect their property from future disasters. The amended regulations
also allow the Administrator to increase the maximum loan amounts
[[Page 9520]]
to homeowners and renters under a specific disaster declaration based
on appropriate economic indicators, such as current building costs,
regional median home prices, and the Consumer Price Index (CPI) and the
Producer Price Index (PPI) for the region(s).
As a direct final rule, the public was invited to comment until
July 17, 2023. SBA did not receive significant adverse comment, and the
rule became effective on July 31, 2023.
Priority (2)--Actions That Advance Equity and Support Underserved,
Vulnerable and Marginalized Communities
SBA continues to make efforts to improve access of underserved
communities to capital, federal government procurement and contracting
opportunities, disaster assistance, and small business services like
counseling and training. In addition to SBA's actions to promote access
to its programs--namely addressing language, cultural differences, and
socio-economic factors, expanding the lending network to groups that
work with underserved communities, leveraging technology, and
addressing the digital/technological divide--SBA continues to make
efforts to identify gaps and develop a more targeted outreach by
revising information collection instruments and commissioning federal
statistical agencies to gather demographic data on programs
participants and service recipients.
SBA also continues to explore regulatory actions that can
supplement its Equity Action Plan objectives and support underserved,
vulnerable, and marginalized communities. For example, SBA is
prioritizing development of a rulemaking to standardize the regulatory
requirements that govern its certification programs: the 8(a) BD
program, HUBZone, the Women-Owned Small Business (WOSB) program, and
the Veteran Small Business Certification program (VetCert). This is
consistent with SBA's ongoing efforts to support businesses in
underserved markets and remove barriers to entry in SBA's small
business contracting programs. In addition, the final rule for the SBIC
program (RIN 3245-AH90, discussed below) intends to implement Executive
Order 13985, Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government, by reducing financial and
administrative barriers to participation in the SBIC program and
modernizing the program's license offerings to align with a more
diversified set of new funds investing in underserved small businesses.
i. Ownership and Control and Contractual Assistance Requirements for
the 8(a) Business Development Program (RIN 3245-AH70)
The 8(a) BD program helps firms owned and controlled by socially
and economically disadvantaged individuals strengthen their ability to
compete effectively in the economy by providing training and various
forms of technical, financial, and procurement assistance. This final
rule, effective April 27, 2023, made several changes to the program,
including, among other things, recognizing a process for allowing a
change of ownership in a former participant that is still performing
one or more 8(a) contracts. Program regulations previously stated that
a program participant awarded one or more 8(a) contracts could
substitute one disadvantaged individual for another disadvantaged
individual without requiring the termination of those contracts or a
request for waiver. The rule clarified the regulation's language to
make clear that, just like current program participants, former
participants performing 8(a) contract(s) may change ownership, provided
the new ownership claims a socially and economically disadvantaged
status, without the requirement for contract termination or a waiver.
As a result, individual entrepreneurs and entities (i.e., tribes,
Alaska Native Corporations (ANCs), Native Hawaiian Organizations
(NHOs), and Community Development Corporations (CDCs)) can acquire an
existing platform of capabilities and past performance, as well as an
established contract revenue stream with fewer administrative burdens.
In addition, the rule clarified that an applicant or participant
firm that settles its debts with the federal government is not barred
from participating in the program. Specifically, where a firm or its
principals can demonstrate that any financial obligations owed have
been settled and discharged by the federal government, that firm will
be eligible for the 8(a) BD program. The rule also clarified that a
business concern can use its successful performance of state, local, or
federal government contracts to demonstrate its ``potential for
success,'' a requirement for program eligibility, and expanded the
means by which tribally-owned businesses can demonstrate potential for
success, by allowing such applicants to submit financial statements as
evidence of their potential in lieu of federal income tax returns,
which not all tribally-owned small businesses file. The rule also made
several changes relating to 8(a) contracts, including clarifying that a
contracting officer cannot limit an 8(a) competition to participants
having more than one certification (e.g., 8(a) and HUBZone), ensuring
that 8(a) competition remains available to all eligible program
participants. The rule clarified not only the prohibition against an
agency requiring one or more other certifications in addition to its
8(a) certification, but also makes similar clarifications to the
regulations for the SDVO, HUBZone, and WOSB programs.
The final rule reflects feedback SBA received during five tribal
consultations and listening sessions about a proposal to add certain
reporting and Community Benefits Plan requirements for entities having
one or more participants in the 8(a) BD program. Based on that
feedback, SBA eliminated the proposal in the final rule. In addition,
the rule reflects extensive feedback in the form of over 650 comments
received from 125 commenters, with most comments supporting the rule's
substantive changes. SBA adopted suggested changes, made clarifications
to the rule's language as appropriate, or explained its rationale for
rejecting suggestions. In addition to accepting feedback on the rule in
general, SBA sought comments on specific issues, including issues
relating to 8(a) and Timber Set-Aside program waivers, sole-source 8(a)
follow-on procurement, and Community Benefits Plans. SBA developed the
sections of the final rule that were focused on these issues based on
the feedback received.
ii. Criminal Justice Reviews for the SBA Business Loan Programs and
Surety Bond Guaranty Program (RIN 3245-AI03)
SBA is proposing to amend regulations governing SBA's business loan
programs (the 7(a) Loan program, 504 Loan program, Microloan program,
Intermediary Lending Pilot (ILP) program, and Surety Bond Guarantee
(SBG) program) and the Disaster Loan program (except for the COVID
Economic Injury Disaster Loan (EIDL) program) to modify how SBA
considers applicants with criminal history. The amendments are designed
to improve equitable access based on criminal background review of
applicants seeking to participate in one or more of these programs.
After conducting a comprehensive study of SBA capital programs' current
policies on individuals with criminal histories, SBA believes the
proposed changes honor and incorporate the statutory mandates of 15
U.S.C. 631 that emphasize both the importance of small business
development in general and SBA's responsibility to increase
opportunities
[[Page 9521]]
for certain groups that historically may not have had equitable
opportunities for small business ownership. Aside from these statutory
mandates, the rule is based on how state and local governments and the
private sector have broadened access to business capital and employment
opportunities and is supported by data and empirical research
demonstrating the public safety and economic benefits of such broadened
access. Federal laws have also evolved regarding recidivism and second
chances for formerly incarcerated individuals. SBA has determined that
there is a need to update regulations to reduce barriers to
participation in these programs for equitable support for small
business entrepreneurs with criminal history records.
Priority (3): Actions That Create and Sustain Good Jobs With a Free and
Fair Choice To Join a Union and Promote Economic Resilience in General
Small businesses form the foundation of the U.S. economy. They
create two-thirds of net new jobs and drive American innovation and
competitiveness. SBA continues to focus on helping small businesses
develop economic resilience. SBA's Office of Capital Access has two
goals: to increase the capital available to start and grow the small
businesses that would not otherwise be able to access capital through
conventional sources and to provide disaster assistance in the form of
home and business loans for disaster survivors. SBA's loan guaranty and
microloan programs provide credit-worthy small businesses with access
to capital they would otherwise not receive because they cannot qualify
for a loan under conventional credit standards. The Agency's disaster
assistance programs help small businesses prepare for disasters and
restore small businesses and their communities struck by disaster.
SBA aims to develop economic resilience not only in small
businesses, but broadly within the U.S. economy, by helping ensure
small businesses receive their fair share of federal contracting
dollars. This is a crucial aspect of the government-wide effort to
strengthen the federal supply chain. To that end, SBA continues to look
for regulatory avenues to enhance its contracting assistance programs,
which help small businesses win federal contracts. As noted, SBA is
prioritizing development of a rulemaking that will standardize the
certification requirements and process for SBA's contracting assistance
programs--the 8(a) BD program, HUBZone, WOSB, and VetCert. The
streamlined certification regulations and process will eliminate
unnecessary bureaucratic obstacles for eligible small businesses
seeking multiple certifications, which will allow federal contracting
dollars to flow more easily to eligible small businesses. The proposed
updates will also ensure regulatory consistency among the programs to
the extent possible. In streamlining the certification regulations and
process, SBA aims to facilitate federal contracting of eligible small
businesses, and thereby assist the federal government as a whole more
effectively diversify its supply chains and strengthen its economic
resilience. In addition, SBA continues to identify gaps in small
business investment and develop rules that aim to plug those gaps.
i. Small Business Investment Company Investment Diversification and
Growth (RIN 3245-AH90)
A final rule for the SBIC program, effective August 17, 2023, aims
to significantly reduce barriers to program participation of new SBIC
fund managers and funds investing in (i) underserved communities and
geographies, (ii) capital intensive investments, and (iii) technologies
critical to national security and economic development. SBA believes it
must reduce barriers to participation and diversify its patient capital
and long-term loan program to ensure long-term program stability and
mission effectiveness.
The rule introduces new types of SBICs, termed Accrual SBICs and
Reinvestor SBICs, through which SBA will increase program investment
diversification and patient capital financing for small businesses. It
also introduces a new Accrual Debenture for issuance by these Accrual
SBICs. This new structure is intended to attract new investors by
reducing perceived disadvantages of being an SBIC. The Accrual
Debenture aligns with cash flows of equity-focused strategies by
offering an alternative to a semi-annual interest payment Debenture
structure for all SBIC licensees either (1) not taking a control-
position in small businesses and or (2) with over 75% of capital
earmarked for long-term equity investment in small businesses to help
them grow and scale. This alternative structure accommodates a longer
horizon for investments in small businesses that might require more
patient capital. In introducing this new structure, SBA aims to
increase the equity funding available to underserved small business
owners and unlock equity as a source of funding for many small business
owners. Importantly, SBA believes it can offer this new structure while
maintaining a zero-subsidy cost in the program.
During the rulemaking process, SBA received comments on both the
rule and the SBIC program generally. SBA incorporated the
recommendations of many of the comments, even those that were not
directly within scope of the rulemaking. For example, in response to
comments urging an expedited SBIC licensing process, SBA elected to
introduce an expedited subsequent fund licensing process for eligible
applicants and modify its standard operating procedures to increase
transparency in the licensing process and decrease potential tail-end
delays. SBA is also making efforts to implement recommendations that
the Agency publish the names and dates of licensed SBICs in the Federal
Register, collect certain data and financial metrics, and modernize
certain aspects of the program, including the ``reinvestment''
restrictions which prohibit Section 301(c) Licensees from investing in
a fund-of-funds capacity in emerging managers and licensing fees.
Among changes to the rule itself, after consideration of all public
comments, SBA modified the final rule to make the Accrual Debenture
available only to Accrual SBICs and Reinvestor SBICs, to align with the
types of long-duration growth investing they primarily perform, and to
exclude Standard SBICs, which may issue only Standard Debentures and
Discount Debentures. This change limits the Accrual Debenture to SBICs
that focus on stimulating small businesses. In addition, based on
public comment, the final rule does not apply the new modified
distribution waterfall to Standard Debenture Licensees, but instead
applies it exclusively to the Accrual Debenture instrument. The final
rule thus separated distribution requirements based on three categories
of SBICs: (1) Non-leveraged Licensees; (2) Standard Debenture SBICs;
and (3) Accrual SBICs and Reinvestor SBICs. SBA also decided against
moving forward with modifications to Examination fees based on public
comment. In addition, SBA modified the final rule to modify an
exception to the restriction prohibiting licensees from making
investments into relenders or reinvestors to permit reinvestors which
are Accrual SBICs to make equity investments in certain underserved
reinvestors.
[[Page 9522]]
Priority (4): Actions That Improve Service Delivery, Customer
Experience, and Reduce Administrative Burdens
SBA continues to make efforts to improve service delivery and
customer experience and reduce administrative burdens wherever
possible. In fact, many of the rules already mentioned under other
priorities aim to support this priority. For example, SBA's amendments
to the Disaster Loan program (RIN 3245-AH91) removed a business loan
limit on amounts for landscaping or recreational facilities. Prior to
the removal, SBA would make exceptions to the limit based on documented
functional need on a case-by-case basis. The change provides
consistency with home loans, removes the need for administrative
exceptions, and reduces administrative burden on the disaster survivor
and SBA in securing resources to repair or replace damaged property.
SBA's amendments to the 8(a) BD program (RIN 3245-AH70) advance this
priority in several ways, including by making SBA's approval of a
participant's business plan part of that participant's eligibility
determination in certain situations, by streamlining the reapplication
process for small businesses whose application was denied solely due to
size that was later found to be small in connection with a formal size
determination, providing that such applicants shall be immediately
certified as eligible for the program, and by making it easier to meet
the bona fide place of business requirement for 8(a) construction
contracts (when imposed), which commenters noted would reduce overhead
costs and provide needed flexibility to meet client needs more
efficiently at a lower cost. And, as previously mentioned, SBA's
amendments to the SBIC program (RIN 3245-AH90) include streamlined
regulatory filing and reductions in duplicative data collections and
bureaucratic processes to improve its response times and enable a
greater focus on customer relationships and fund monitoring. For
example, the rule allows approval to be granted at licensing of an
SBIC's Total Intended Leverage Commitment, creates safe harbors for
certain conflicts of interest that eliminate the need for explicit SBA
approval, and allows automatic approval of GAAP-compliant valuations
for non-leveraged licensees, changes which SBA believes will decrease
the time and cost associated with applying for an SBIC license. In
addition, SBA is prioritizing a rulemaking designed to standardize the
regulatory requirements that govern its certification programs: the
8(a) BD program, HUBZone, the WOSB program, and VetCert.
Following revisions to the requirements in SBA's 8(a) BD program
and Service-Disabled Veteran-Owned Small Business (SDVOSB) programs,
SBA is issuing conforming revisions to its affiliation rules that
govern all small business procurement programs and to the WOSB
program. These revisions will ensure consistent requirements for
ownership and control across SBA's procurement programs.
i. Affiliation in Small Business Procurement Program (RIN 3245-AH97)
SBA is proposing to amend its regulations on affiliation to expand
access to credit and capital for small businesses, particularly those
involved in government contracting. The proposed rule will address an
inconsistency between SBA's affiliation rule and the rule on ownership
and control in the SDVOSB program. On November 29, 2022, SBA published
a final rule on procedures for certifying Veteran-Owned Small Business
(VOSB) concerns and SDVOSB concerns. 87 FR 73400 (Nov. 29, 2022). That
rule included changes to SBA's ownership and control rules for service-
disabled veteran-owned small business concerns. In particular, SBA's
rules allow a non-veteran to participate in certain extraordinary
corporate decisions without causing the business to lose its veteran-
owned status. SBA listed such extraordinary circumstances as: (1) the
company's addition of a new equity stakeholder; (2) the dissolution of
the company; (3) the sale of the company or all assets of the company;
(4) the merger of the company; and (5) the company's declaration of
bankruptcy. See also 83 FR 48908 (Sept. 28, 2018). Under that provision
in the SDVOSB program, a non-veteran could have authority to do any of
those five extraordinary actions, but SBA's affiliation rule still
could cause the non- veteran's authority to be deemed ineligible as a
small business concern under the negative control provision in 13 CFR
121.103(a)(3). Accordingly, this proposed rule makes the negative-
control rule in SBA's affiliation rule consistent with ownership-and-
control rules in the SDVOSB program. The proposal also would better
define what stock holdings and merger agreements lead to affiliation.
ii. WOSB Program Updates and Clarifications (RIN 3245-AI04)
The WOSB regulations were updated in 2020 to implement a
certification program as mandated by Congress. Certified WOSB program
participants are required to re-certify as to their eligibility every
three years, which means the first group of firms will begin the re-
certification process in October of 2023. In conjunction with this
anniversary, SBA is updating the regulations for clarity and ease of
use. After three years of feedback from applicants, program
participants, contracting officers, advocacy groups, Congressional
staffers, and the Small Business Procurement Advisory Council, among
others, SBA looks forward to refining the regulations to provide clear,
accessible guidance for all stakeholders.
SBA also plans to align WOSB regulations with SBA's other
government contracting programs, such as VetCert and 8(a), where
appropriate. Such changes are especially important because the WOSB
program has certification reciprocity with both programs. The 8(a)
regulations were significantly revised earlier this year, and the
VetCert regulations are also new as of January, so the WOSB proposed
updates will ensure regulatory consistency to the extent possible.
iii. Small Business Development Center Program Revisions (RIN 3245-
AE05)
SBA plans to issue a final rule to update its regulations for the
Small Business Development Centers (SBDC) program. The program links
the resources of federal, state and local governments with the
resources of the educational community and the private sector to
provide assistance to the small business community. In partnership with
SBA's Office of Small Business Development Centers (OSBDC) and District
Offices, SBDCs develop business counseling and training programs,
informational tools, and other services that enhance the economic
development goals and objectives of SBA in their respective service
areas and local funding partners. Although Congress has amended the
statute authorizing the SBDC program at least 17 times, SBDC
regulations have not been comprehensively updated since 1995. This
final rule will incorporate updates to the Uniform Guidance, i.e., the
administrative requirements, cost principles, and audit requirements
for federal awards. It will also align SBDC regulations with current
SBA policy and guidance as well as modernize and clarify the
regulations to be more efficient, effective, and transparent. Among
other changes, the rule clarifies the role of the District Office
regarding oversight activities, defines and clarifies the various
roles, procedures, documents, and categories of funding,
[[Page 9523]]
and codifies the current Lead Center Director selection process used by
SBDCs.
The intent of the changes is to make program operations less
onerous for recipient organizations. Current program policies and
requirements are set forth in the annual notice of funding opportunity
and the SBDC cooperative agreements, in addition to the agency- and
government-wide guidance, including the Uniform Guidance. The above
changes will simplify these governing documents by moving select policy
language to the regulations. In addition, by consolidating programmatic
guidance, the rule will ensure consistency in program administration
and enhance program oversight. The rule will also include policy and
procedural changes identified by the Agency as necessary to preserve
the integrity and legislative intent of the program.
Pursuant to the Small Business Act's requirement that SBA consult
with the recognized association of SBDCs in any SBDC rulemaking action,
SBA shared the draft proposed rule and subsequently met with America's
SBDC in March 2022 to incorporate the association's feedback as
appropriate and briefed the nationwide network during its Annual
Conference and Spring Leadership meeting. SBA also participated in
three tribal consultations that addressed the SBDC program, including
the regulations. In addition, SBA considered the more than 400 comments
on the proposed rule it received during the notice-and-comment process
and is incorporating many of the suggestions in its revisions to the
proposed rule. Nearly ten percent of the comments related to the
ability of the networks to partner with local organizations to deliver
services to small businesses. SBA intends to adopt the comments and
expand and allow the SBDC Lead Center to partner not only with the
institutions of higher education, but also with other community
organizations, such as Chambers of Commerce.
Conclusion
Through these and other regulatory actions, SBA aims to better help
Americans start, grow, and build resilient businesses and recover after
disasters and thereby strengthen the American economy. In developing
its rules, the Agency will continue to advance the Administration's
priorities to tackle the climate change emergency; advance equity and
support underserved, vulnerable, and marginalized communities; create
and sustain good jobs with a free and fair choice to join a union and
promote economic resilience in general; and improve service delivery
and customer experience while reducing administrative burdens.
BILLING CODE 8026-03-P
SOCIAL SECURITY ADMINISTRATION (SSA)
I. Statement of Regulatory Priorities
We administer the Retirement, Survivors, and Disability Insurance
programs under title II of the Social Security Act (Act), the
Supplemental Security Income (SSI) program under title XVI of the Act,
and the Special Veterans Benefits program under title VIII of the Act.
As directed by Congress, we also assist in administering portions of
the Medicare program under title XVIII of the Act. Our regulations
codify the requirements for eligibility and entitlement to benefits and
our procedures for administering these programs. Generally, our
regulations do not impose burdens on the private sector or on State or
local governments, except for the States' Disability Determination
Services. However, our regulations can impose burdens on the private
sector in the course of evaluating a claimant's initial or continued
eligibility. We fully fund the Disability Determination Services in
advance or via reimbursement for necessary costs in making disability
determinations.
As we are developing our regulations, we seek to increase
participation and engagement with members of the public affected by our
regulations, including in the development of our regulatory priorities.
In this Regulatory Plan, we note engagement efforts that have helped to
inform our priorities to date. We seek to hear from members of the
public who have not typically participated in the regulatory process.
The entries in our regulatory plan represent issues of major
importance to the Agency. Through our regulatory plan, we intend to:
A. Simplify a specific policy within the SSI program by no longer
considering food in In-Kind Support and Maintenance (ISM) calculations
(RIN 0960-AI60);
B. Expand the definition of a Public Assistance (PA) Household to
include an additional means- tested assistance program (RIN 0960-AI81);
C. Expand the rental subsidy exception beyond the seven states to
which it already applies so that it applies nationwide (RIN 0960-AI82);
and
D. Revise the disability adjudication process regarding how we
consider past work to reduce the application time burden on claimants
and expedite the disability application and determination process (RIN
0960-AI83).
II. Regulations in the Proposed Rule Stage
We are not including any of our regulations in the proposed rule
stage in this statement of regulatory priorities.
III. Regulations in the Final Rule Stage
Our final regulations would expand the definition of a PA household
for purposes of our programs to include the Supplemental Nutrition
Assistance Program (SNAP) as an additional means-tested public income
maintenance (PIM) program, decreasing the amount of income we would be
required to deem to SSI applicants. This proposal reflects feedback we
received from advocacy groups representing claimants and beneficiaries
during listening sessions conducted under the authority of Executive
Order (E.O.) 12866. These listening sessions took place in Fall 2022,
during the development of the omitting food from the ISM calculations
proposed rule. During the public comment period for the omitting food
ISM proposed rule, several of these advocacy groups also submitted
comments relating to the definition of PA household. Across both the
listening session and the public comment submission, these groups
expressed that the expansion of the definition of a PA household should
include additional means-tested programs to help underserved families
more easily access benefits. Advocates conveyed this was a top priority
for them. (RIN 0960-AI81).
Our final regulations would also apply nationwide the ISM rental
subsidy exception that is currently in place for SSI applicants and
recipients residing in seven States, by recognizing that a ``business
arrangement'' exists when the amount of required monthly rent equals or
exceeds the presumed maximum value. This proposal would bring
nationwide uniformity to our rules and improve equality in the
application of the rental subsidy policy. This proposed rule was also
informed by the Executive Order 12866 listening sessions conducted
during the development of the omitting food from the ISM calculations
regulation. (RIN 0960-AI82).
Our final regulations revise the period that we consider when
determining whether an individual's past work is relevant for purposes
of making disability determinations and decisions,
[[Page 9524]]
which would reduce the reporting burden for individuals seeking
disability benefits and decrease the time associated with the overall
disability application and decision process. The development of this
proposed rule was informed by a listening session conducted by our
Office of Communications with advocacy groups representing claimants
and beneficiaries. (RIN 0960-AI83).
Lastly, our final regulations target changes to the ISM policy in
our SSI program, including this regulation on food provided by others.
The changes would simplify a specific policy within the SSI program by
no longer considering food in the calculation of ISM. In Fall 2022, we
heard from advocacy groups representing claimants and beneficiaries
during two Executive Order 12866 listening sessions. We incorporated
our listening session notes in the rulemaking record via
www.regulations.gov, under docket SSA-2021-0014. (RIN 0960-AI60).
Retrospective Review of Existing Regulations
Pursuant to section 6 of Executive Order 13563, ``Improving
Regulation and Regulatory Review'' (January 18, 2011), SSA regularly
engages in retrospective review and analysis for multiple existing
regulatory initiatives. These initiatives may be proposed or completed
actions, and they do not necessarily appear in The Regulatory Plan. You
can find more information on these completed rulemakings in past
publications of the Unified Agenda at www.reginfo.gov in the
``Completed Actions'' section for the Social Security Administration.
SSA
Final Rule Stage
226. Omitting Food From In-Kind Support and Maintenance Calculations
[0960-AI60]
Priority: Other Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 902(a)(5); 42 U.S.C. 1381a; 42
U.S.C.1382; 42 U.S.C. 1382a; 42 U.S.C. 1382b; 42 U.S.C. 1382c(f); 42
U.S.C. 1382j; 42 U.S.C. 1383; 42 U.S.C. 1382 note; . . .
CFR Citation: 20 CFR 416.1102; 20 CFR 416.1130; 20 CFR 416.1131; 20
CFR 416.1103; 20 CFR 416.1104; 20 CFR 416.1121; 20 CFR 416.1124; 20 CFR
416.1132; 20 CFR 416.1133; 20 CFR 416.1140; 20 CFR 416.1147; 20 CFR
416.1148; 20 CFR 416.1149; 20 CFR 416.1157; . . .
Legal Deadline: None.
Abstract: This final rule removes food from the calculation of In-
Kind Support and Maintenance (ISM). Accordingly, we would calculate ISM
based only on shelter expenses (i.e., costs associated with room, rent,
mortgage payments, real property taxes, heating fuel, gas, electricity,
water, sewerage, and garbage collection services). The changes simplify
our policy and promote equity by not disadvantaging an already
vulnerable population when they receive food assistance.
In the Fall of 2022, we heard from advocacy groups representing
claimants and beneficiaries during two E.O. 12866 listening sessions.
We incorporated our notes in the rulemaking record via
www.regulations.gov, under docket SSA-2021-0014.
Statement of Need: This change would remove food costs when we
calculate ISM. By doing so, it streamlines the ISM policy and resulting
SSI program complexity.
Summary of Legal Basis: We are removing food from our ISM
calculations. This will streamline the policy and reduce the program
complexity of ISM.
Alternatives: The current proposal streamlines the SSI process.
Anticipated Cost and Benefits: We estimate that implementation of
this proposed rule for all eligibility and payment determinations
effective April 1, 2023 and later will result in an increase in Federal
SSI payments of a total of about $1.5 billion over the period of fiscal
years 2023 through 2032.
Risks: We do not anticipate risk to the integrity of our program.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/15/23 88 FR 9779
Final Action........................ 03/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Scott Logan, Social Insurance Specialist, Social
Security Administration, Office of Income Security Programs, 6401
Security Boulevard, Baltimore, MD 21235-6401, Phone: 410 966-5927,
Email: [email protected].
RIN: 0960-AI60
SSA
227. Expand the Definition of a Public Assistance (PA) Household [0960-
AI81]
Priority: Section 3(f)(1) Significant. Major under 5 U.S.C. 801.
Legal Authority: 42 U.S.C. 405(a)
CFR Citation: 20 CFR 416.1142; 416.1161; 416.1163; 416.1165.
Legal Deadline: None.
Abstract: We propose expanding the definition of a Public
Assistance (PA) Household to include additional means- tested
assistance programs. This will decrease the number of applicants and
recipients charged in-kind support and maintenance, which will simplify
living arrangement development within the Supplemental Security Income
(SSI) program.
This proposal reflects feedback we received from advocacy groups
representing claimants and beneficiaries during listening sessions
conducted under the authority of Executive Order (E.O.) 12866. These
listening sessions took place during the development of the omitting
food from the ISM calculations regulation in Fall 2022. We also
received public comments submitted by these advocacy groups during the
public comment period associated with the omitting food from ISM
calculations NPRM. The Agency heard from these advocacy groups that the
expansion of the definition of a PA household to include additional
means-tested programs could help underserved families more easily
access benefits and that this was a top priority.
Statement of Need: This change, adding SNAP to our regulatory
definition of a public assistance household, would decrease the number
of SSI applicants and recipients charged with in-kind support and
maintenance (ISM). By doing so, it streamlines the ISM policy and
resulting SSI program complexity, which supports the economic security
of households who receive nutrition assistance.
Summary of Legal Basis: We are adding SNAP as a means-tested public
income maintenance program to our regulatory definition of a public
assistance household. This will streamline the policy and reduce the
program complexity of ISM.
Alternatives: The current proposal streamlines the SSI process.
Anticipated Cost and Benefits: We estimate that implementation of
this proposed rule would result in a total increase in Federal SSI
payments of $14.8 billion over fiscal years 2024 through 2033, assuming
implementation of this rule on May 15, 2024.
Risks: We do not anticipate risk to the integrity of our program.
[[Page 9525]]
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/29/23 88 FR 67148
NPRM Comment Period End............. 11/28/23
Final Action........................ 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Tamara Levingston, Analyst, Social Security
Administration, 6401 Security Boulevard, Baltimore, MD 21235, Phone:
410 966-7384, Email: [email protected].
RIN: 0960-AI81
SSA
228. Nationwide Expansion of the Rental Subsidy Policy for SSI
Recipients [0960-AI82]
Priority: Other Significant.
Legal Authority: 42 U.S.C. 405(a)
CFR Citation: 20 CFR 416.1130(b).
Legal Deadline: None.
Abstract: We propose expanding the rental subsidy exception beyond
the 7 states to which it already applies so that it applies nationwide.
Accordingly, our nationwide policy would be that a business arrangement
exists when the amount of monthly rent required to be paid equals or
exceeds the presumed maximum value or the current market value,
whichever is less. We expect that the proposed change would improve
service delivery by making our policy uniform throughout the country
and reducing administrative burdens for individuals seeking access to
the Supplemental Security Income (SSI) program.
This was informed in part by the Executive Order 12866 listening
sessions conducted during the development of the omitting food from the
ISM calculations regulation.
Statement of Need: This proposal streamlines the agency's policy on
In-Kind Support and Maintenance (ISM) and reduces SSI program
complexity.
Summary of Legal Basis: Social Security Administration general
rulemaking authority 42 U.S.C. 405(a); 42 U.S.C. 1383(d)(1).
Alternatives: The current proposal streamlines the SSI process.
Anticipated Cost and Benefits: We estimate that implementation of
this proposed rule would result in a total increase in Federal SSI
payments of $971 million over fiscal years 2024 through 2033, assuming
implementation of this rule on April 29, 2024.
Risks: We do not anticipate risk to the integrity of our program.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/24/23 88 FR 57910
NPRM Comment Period End............. 10/23/23
Final Action........................ 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Tamara Levingston, Analyst, Social Security
Administration, 6401 Security Boulevard, Baltimore, MD 21235, Phone:
410 966-7384, Email: [email protected].
RIN: 0960-AI82
SSA
229. Intermediate Improvement to the Disability Adjudication Process,
Including How We Consider Past Work [0960-AI83]
Priority: Section 3(f)(1) Significant. Major status under 5 U.S.C.
801 is undetermined.
Legal Authority: 42 U.S.C. 405(a); 42 U.S.C. 1383(d)(1)
CFR Citation: 20 CFR 404 Subpart P; 20 CFR 416 Subpart I; 20 CFR
404.1560(b); 20 CFR 416.960(b).
Legal Deadline: None.
Abstract: We propose to develop intermediate improvements to reduce
the burden in our current disability adjudication process as a step
towards longer-term reforms to ensure our disability program remains
current and supports equitable outcomes. Actions could include
decreasing the years of past work we consider when making a disability
determination, as well as other potential regulatory changes.
The development of this regulation was informed by a listening
session conducted by our Office of Communications with advocacy groups
representing claimants and beneficiaries.
Statement of Need: Reducing the reporting requirements for prior
work to a 5-year period instead of 15 years will reduce the burden on
individuals seeking disability benefits while still providing us with
enough relevant information to make accurate disability determinations
and decisions.
Summary of Legal Basis: Social Security Administration general
rulemaking authority 42 U.S.C. 405(a); 42 U.S.C. 1383(d)(1).
Alternatives: We make disability determinations consistent with
statutes and our current regulations. Taking actions such as exploring
revising the definition of past relevant work would reduce the burden
on individuals and improve customer service.
Anticipated Cost and Benefits: We estimate that implementation of
the proposed rule would result in an increase in scheduled SSDI
benefits of $22.9 billion, a net reduction in scheduled old-age and
survivors insurance (OASI) benefits of $6.5 billion, and an increase in
Federal SSI payments of $3.9 billion in total over fiscal years 2024
through 2033, assuming implementation for all decisions made on or
after May 6, 2024.
Risks: Risks not yet identified.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/29/23 88 FR 67135
NPRM Comment Period End............. 11/28/23
Final Action........................ 04/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Small Entities Affected: No.
Government Levels Affected: None.
Agency Contact: Mary Quatroche, Director, Social Security
Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401,
Phone: 410 966-4794, Email: [email protected].
RIN: 0960-AI83
BILLING CODE 4191-02-P
FEDERAL ACQUISITION REGULATION (FAR)
The Secretary of Defense, the Administrator of General Services,
and the Administrator of National Aeronautics and Space are members of
the Federal Acquisition Regulatory Council (FAR Council), and jointly
issue and maintain a single Government-wide procurement regulation
known as the Federal Acquisition Regulation (FAR). The FAR provides
uniform policies and procedures for the acquisition of supplies and
services by executive agencies. The FAR Council, which is chaired by
the Administrator of Federal Procurement Policy, assists in the
direction and coordination of Government-wide procurement policies to
be implemented in the FAR.
Public Engagement
The FAR Council engages with the public on rules that will affect
the FAR in several ways. First, in addition to publishing abstracts of
and anticipated publication dates for upcoming
[[Page 9526]]
rulemakings in the Office of Information and Regulatory Affairs
biannual Unified Agenda, members of the public can track the progress
of any open and pending FAR rule via the ``Open FAR Cases'' report,
which is publicly available at https://www.acq.osd.mil/dpap/dars/far_case_status.html. The report is updated on a weekly basis and
includes the following information: a case number, title, FAR parts
anticipated to be impacted by the rule, a summary of the basis for the
rule, and the rule status. Members of the public who are interested in
a particular FAR case are encouraged to monitor the Open FAR Cases
Report to track where a particular rule is in the rulemaking process.
In addition to the Open FAR Cases report, the Department of Defense
(DoD), General Services Administration (GSA), and National Aeronautics
and Space Administration (NASA) independently engage with several
industry associations on a quarterly basis including, but not limited
to, the Aerospace Industries Association, the National Defense
Industrial Association, and the Professional Services Council. During
these meetings, DoD, GSA, and NASA often provide updates on open FAR
cases and association representatives are able to provide feedback from
their various members or member groups on upcoming rulemakings.
While developing certain FAR rules, DoD, GSA, and NASA may seek
input from the public by publishing in the Federal Register an advance
notice of proposed rulemaking (ANPR) or a general request for
information (RFI). Such notices normally include a summary of the
overarching policy objectives of the rule and a list of questions
seeking input that will help the Government develop a proposed rule.
Information on whether DoD, GSA, and NASA plan on publishing an ANPR or
RFI is included in both the Open FAR Cases Report and OIRA's biannual
Unified Agenda.
Occasionally, while a proposed or interim FAR rule is out for
public comment, DoD, GSA, and NASA may hold a public meeting to provide
an overview of the rule and allow the public to provide feedback to the
Government in an open forum. Information about whether DoD, GSA, and
NASA plan on holding a public meeting on a rule is normally included in
the proposed or interim rule when it is published for public comment.
Presentations made during the public meeting are included in the rule
docket and made publicly available. Information provided during the
public meeting is also considered during development of the final rule.
DoD, GSA, and NASA are also rethinking the types of supporting
documentation that should be published with proposed or interim rules
to facilitate public understanding of the rule. For example, for FAR
Case 2022-006, Sustainable Procurement (RIN: 9000-AO43), DoD, GSA, and
NASA included, as a supporting document in the rule docket at
www.regulations.gov, a slide show that illustrates the overarching
restructuring of existing content in FAR part 23, a visual aid intended
to make clear the extensive edits presented in the amendatory language
of the rule.
Finally, DoD, GSA, and NASA independently conduct outreach to
industry regarding upcoming rulemakings. For example, the GSA Federal
Acquisition Service (FAS) holds webinars with its industry partners to
provide an update on the current policy landscape, including summaries
of upcoming FAR rules expected to have a significant impact on
industry. As part of these webinars, which are available to the public
at https://buy.gsa.gov/interact/community/11/activity-feed, GSA FAS
includes information on the rulemaking process, how to monitor FAR and
GSA FAR supplement rules, and best practices for submitting public
comments.
Rulemaking Priorities
Pursuant to Executive Order 12866, ``Regulatory Planning and
Review'' (September 30, 1993), as reaffirmed and amended in Executive
Order 13563, ``Improving Regulation and Regulatory Review'' (January
18, 2011), and Executive Order 14094, ``Modernizing Regulatory Review''
(April 6, 2023), the Regulatory Plan and Unified Agenda provide public
notice about the FAR Council's proposed regulatory and deregulatory
actions within the Executive Branch. The Fall 2023 Unified Agenda
consists of 56 active agenda items.
The FAR Council is required to amend the Federal Acquisition
Regulation to implement statutory and policy initiatives. The FAR
Council prioritization is focused on initiatives that:
Tackle the climate change emergency,
Advance equity and support underserved, vulnerable and
marginalized communities,
Promote economic resilience,
Improve service delivery, customer experience, and reduce
administrative burdens, and
Support national security efforts, especially safeguarding
Federal Government information and information technology systems.
Rulemaking That Tackles Climate Change
FAR Case 2022-006, ``Sustainable Procurement,'' will implement
requirements for the procurement of sustainable products and services
per Executive Order 14057, Catalyzing Clean Energy Industries and Jobs
Through Federal Sustainability, and Office of Management and Budget
Memorandum M-22-06. The rule will also reorganize FAR part 23 for
consistency and clarity.
FAR Case 2021-015, ``Disclosure of Greenhouse Gas Emissions and
Climate-Related Financial Risk,'' will require major Federal suppliers
to publicly disclose greenhouse gas emissions and climate-related
financial risk, and to set science-based reductions targets per section
5(b)(i) of Executive Order 14030, ``Climate-Related Financial Risk.''
FAR Case 2021-016, ``Minimizing the Risk of Climate Change in
Federal Acquisitions,'' will ensure agencies minimize the risk of
climate change and consider the social cost of greenhouse gas emissions
in major procurements per section 5(b)(ii) of Executive Order 14030,
``Climate-Related Financial Risk.'' An advance notice of proposed
rulemaking was published in October of 2021 seeking input from the
public on ways in which the Government could consider greenhouse gas
emissions and climate risks in Federal procurement. The feedback is
being considered in the development of the proposed rule.
Rulemaking That Advances Equity and Supports Underserved Communities
FAR Case 2022-009, ``Certification of Service-Disabled Veteran-
Owned Small Businesses,'' will clarify the certification requirements
for service-disabled veteran-owned small businesses (SDVOSB) concerns
to be eligible for the award of a sole source or set-aside SDVOSB
contract.
FAR Case 2021-011, ``Past Performance Ratings for Small Business
Joint Venture Members and Small Business First-Tier Subcontractors,''
will permit small business first-tier subcontractors and joint venture
members, in certain situations, to submit the past performance and
experience they gained under these arrangements with their offers on
Federal contracts. Contracting officers will be required to consider
the capabilities and past performance provided by first-tier
subcontractors and
[[Page 9527]]
joint venture members in certain situations.
FAR Case 2023-011, ``Small Business Participation on Certain
Multiple Award Contract,'' will update and clarify market research,
acquisition planning, small business coordination, and the use of set-
asides during the placement of orders against certain multiple award
contracts to increase small business participation in certain multiple
award contracts.
Rulemaking That Promotes Economic Resilience
FAR Case 2022-004, ``Enhanced Price Preference for Critical
Items,'' will add a list of critical items, along with their associated
enhanced price preference, that will apply to acquisitions subject to
the Buy American statute. This rule completes the framework added to
the FAR as part of implementation of section 8 of Executive Order
14005, Ensuring the Future Is Made in All of America by All of
America's Workers.
FAR Case 2020-009, ``List of Domestically Nonavailable Articles,''
will amend the list of domestically nonavailable articles under the Buy
American Act and the protocols to update the list. An advance notice of
proposed rulemaking was published in May of 2020 seeking input from the
public to assist in identifying domestic capabilities and for
evaluating whether some articles on the list at FAR 25.104(a) should be
removed because they are now mined, produced, or manufactured in the
United States in sufficient and reasonably available commercial
quantities and of a satisfactory quality. The feedback is being
considered in the development of the proposed rule.
FAR Case 2022-011, ``Nondisplacement of Qualified Workers Under
Service Contracts,'' will require contractors and subcontractors to
offer qualified employees employed under predecessor contracts a right
of first refusal of employment under successor contracts in accordance
with Executive Order 14055, Nondisplacement of Qualified Workers Under
Service Contracts and the associated Department of Labor regulations at
29 CFR part 9.
FAR Case 2022-003, ``Use of Project Labor Agreement for Federal
Construction Projects,'' will require the use of project labor
agreements for large-scale construction projects with a total estimated
value of $35 million or more in accordance with Executive Order 14063,
Use of Project Labor Agreements for Federal Construction Projects.
Project labor agreements are often effective in preventing labor-
related disruptions on projects by using dispute-resolution processes
to resolve worksite disputes and by prohibiting work stoppages,
including strikes and lockouts.
Rulemakings That Improve Service Delivery and Customer Experience
FAR Case 2019-015, ``Improving Consistency Between Procurement &
Non-Procurement Procedures on Suspension and Debarment,'' will bring
the procedures on suspension and debarment in the FAR into closer
alignment with the Nonprocurement Common Rule (NCR) procedures,
creating a more consistent experience for industry.
FAR Case 2021-001, ``Increased Efficiencies with Regard to
Certified Mail, In-person Business, Mail, Notarization, Original
Documents, Seals, and Signatures,'' will streamline certain essential
contracting procedures by increasing flexibilities and efficiencies
with regards to certified mail, in-person business, mail, notarization,
original documents, seals, and signatures using digital and virtual
technology. This rule makes permanent policy flexibilities introduced
during the pandemic.
Rulemakings That Support National Security
FAR Case 2021-017, ``Cyber Threat and Incident Reporting and
Information Sharing,'' will increase the sharing of information about
cyber threats and incident information and require certain contractors
to report cyber incidents to the Federal Government to facilitate
effective cyber incident response and remediation pursuant to sections
2(b), (c), (g)(i) and 8(b) of Executive Order 14028, ``Improving the
Nation's Cybersecurity.''
FAR Case 2021-019, ``Standardizing Cybersecurity Requirements for
Unclassified Information Systems,'' will standardize cybersecurity
contractual requirements across Federal agencies for unclassified
information systems pursuant to sections 2(i) and 8(b) of Executive
Order 14028, Improving the Nation's Cybersecurity.
FAR Case 2023-002, ``Supply Chain Software Security,'' will require
suppliers of software available for purchase by Federal agencies to
comply with, and attest to complying with, applicable secure software
development practices pursuant to section 4(n) and 4(k) of Executive
Order 14028, Improving the Nation's Cybersecurity, and Office of
Management and Budget Memorandum 22-18 and 23-16.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
BILLING CODE 6820-EP-P
CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
Statement of Regulatory Priorities
The U.S. Consumer Product Safety Commission is charged with
protecting the public from unreasonable risks of death and injury
associated with consumer products. To achieve this goal, CPSC, among
other things: