E9-10283. [No title available]  

  • [Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
    [Unknown Section]
    [Pages 21859-21864]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: E9-10283]
    
    
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    Introduction to the Unified Agenda of Federal Regulatory and 
    Deregulatory Actions
    
    Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified 
    Agenda
    
    Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified 
    Agenda
    
    [[Page 21859]]
    
    
    
    
    
    REGULATORY INFORMATION SERVICE CENTER
    
    
    
    Introduction to the Unified Agenda of Federal Regulatory and 
    Deregulatory Actions
    
    
    
    AGENCY: Regulatory Information Service Center.
    
    ACTION: Introduction to the Unified Agenda of Federal Regulatory and 
    Deregulatory Actions.
    
    _______________________________________________________________________
    
    SUMMARY: 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). Executive Order 12866 ``Regulatory Planning and Review,'' signed 
    September 30, 1993 (58 FR 51735) and Office of Management and Budget 
    memoranda implementing section 4 of that Order establish minimum 
    standards for agencies' agendas, including specific types of 
    information for each entry.
    
         The Unified Agenda of Federal Regulatory and Deregulatory Actions 
    (Unified Agenda) helps agencies fulfill these requirements. All Federal 
    regulatory agencies have chosen to publish their regulatory agendas as 
    part of the Unified Agenda.
    
         Editions of the Unified Agenda prior to fall 2007 were printed in 
    their entirety in the Federal Register. Beginning with the fall 2007 
    edition, the Internet is the basic means for conveying Regulatory 
    Agenda information to the maximum extent legally permissible. The 
    complete Unified Agenda for spring 2009, which contains the regulatory 
    agendas for 56 Federal agencies, is available to the public at http://
    reginfo.gov.
    
         The spring 2009 Unified Agenda publication appearing in the 
    Federal Register consists of agency regulatory flexibility agendas, in 
    accordance with the publication requirements of the Regulatory 
    Flexibility Act. Agency regulatory flexibility agendas contain only 
    those Agenda entries for rules which are likely to have a significant 
    economic impact on a substantial number of small entities and entries 
    that have been selected for periodic review under section 610 of the 
    Regulatory Flexibility Act.
    
    ADDRESSES: Regulatory Information Service Center (MI), General Services 
    Administration, 1800 F Street NW., Suite 3039, Washington, DC 20405.
    
    FOR FURTHER INFORMATION CONTACT: For further information about specific 
    regulatory actions, please refer to the agency contact listed for each 
    entry.
    
         To provide comment on or to obtain further information about this 
    publication, contact: John C. Thomas, Executive Director, Regulatory 
    Information Service Center (MI), General Services Administration, 1800 
    F Street NW., Suite 3039, Washington, DC 20405, (202) 482-7340. You may 
    also send comments to us by e-mail at:
    
    RISC@gsa.gov
    
    SUPPLEMENTARY INFORMATION: 
    
                                TABLE OF CONTENTS
     
                                                                       Page
     
          Introduction to the Unified Agenda of Federal Regulatory and
                              Deregulatory Actions
     
    I. What Is the Unified Agenda?..................................   21859
    II. Why Is the Unified Agenda Published?........................   21860
    III. How Is the Unified Agenda Organized?.......................   21861
    IV. What Information Appears for Each Entry?....................   21862
    V. Abbreviations................................................   21863
    VI. How Can Users Get Copies of the Plan and the Agenda?........   21864
     
                                 AGENCY AGENDAS
     
                               Cabinet Departments
     
    Department of Agriculture.......................................   21865
    Department of Commerce..........................................   21887
    Department of Energy............................................   21915
    Department of Health and Human Services.........................   21919
    Department of Homeland Security.................................   21943
    Department of Housing and Urban Development.....................   21953
    Department of Justice...........................................   21957
    Department of Labor.............................................   21961
    Department of Transportation....................................   21969
     
                            Other Executive Agencies
     
    Environmental Protection Agency.................................   21991
    General Services Administration.................................   22001
    National Foundation on the Arts and the Humanities
      National Endowment for the Arts...............................   22005
    Small Business Administration...................................   22007
     
                                 Joint Authority
     
    Department of Defense/General Services Administration/National     22013
     Aeronautics and Space Administration (Federal Acquisition
     Regulation)....................................................
     
                         Independent Regulatory Agencies
     
    Federal Communications Commission...............................   22017
    Federal Reserve System..........................................   22063
    National Credit Union Administration............................   22067
    Nuclear Regulatory Commission...................................   22069
    Securities and Exchange Commission..............................   22073
     
    
    
    
    INTRODUCTION TO THE UNIFIED AGENDA OF FEDERAL REGULATORY AND 
    DEREGULATORY ACTIONS
    
    
    
    I. What Is the Unified Agenda?
    
         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. To further the objective of using modern 
    technology to deliver better service to the American people for lower 
    cost, beginning with the fall 2007 edition, the Internet is the basic 
    means for conveying Regulatory Agenda information to the maximum extent 
    legally permissible. The complete Unified Agenda is available to the 
    public at http://reginfo.gov. The online Unified Agenda offers flexible 
    search tools and will soon offer access to the entire historic Unified 
    Agenda database.
    
         The spring 2009 Unified Agenda publication appearing in the 
    Federal Register consists of agency regulatory flexibility agendas, in 
    accordance with the publication requirements of the Regulatory 
    Flexibility Act. Agency regulatory flexibility agendas contain only 
    those Agenda entries for rules which are likely to have a significant 
    economic impact on a substantial number of small entities and entries 
    that have been selected for periodic review under section 610 of the 
    Regulatory Flexibility Act. Printed entries display only the fields 
    required by the Regulatory Flexibility Act. Complete agenda information 
    for those entries appears, in a uniform format, in the online Unified 
    Agenda at http://reginfo.gov.
    
         These publication formats meet the publication mandates of the 
    Regulatory Flexibility Act and Executive Order 12866,
    
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    as well as move the Agenda process toward the goal of e-Government, at 
    a substantially reduced printing cost compared with prior editions. The 
    current format does not reduce the amount of information available to 
    the public, but it does limit most of the content of the Agenda to 
    online access. The complete online edition of the Unified Agenda 
    includes regulatory agendas from 56 Federal agencies. Agencies of the 
    United States Congress are not included.
    
         The following agencies have no entries identified for inclusion in 
    the printed regulatory flexibility agenda. The regulatory agendas of 
    these agencies are available to the public at http://reginfo.gov.
    
        Department of Defense
    
        Department of Education
    
        Department of the Interior
    
        Department of State
    
        Department of the Treasury
    
        Department of Veterans Affairs
    
        Agency for International Development
    
        Architectural and Transportation Barriers Compliance Board
    
        Commission on Civil Rights
    
        Commodity Futures Trading Commission
    
        Committee for Purchase From People Who Are Blind or Severely 
    Disabled
    
        Consumer Product Safety Commission
    
        Corporation for National and Community Service
    
        Court Services and Offender Supervision Agency for the District of 
    Columbia
    
        Equal Employment Opportunity Commission
    
        Farm Credit Administration
    
        Farm Credit System Insurance Corporation
    
        Federal Deposit Insurance Corporation
    
        Federal Energy Regulatory Commission
    
        Federal Housing Finance Agency
    
        Federal Maritime Commission
    
        Federal Mediation and Conciliation Service
    
        Federal Trade Commission
    
        National Aeronautics and Space Administration
    
        National Archives and Records Administration
    
        National Endowment for the Humanities
    
        National Indian Gaming Commission
    
        National Science Foundation
    
        Office of Government Ethics
    
        Office of Management and Budget
    
        Office of Personnel Management
    
        Pension Benefit Guaranty Corporation
    
        Postal Regulatory Commission
    
        Railroad Retirement Board
    
        Selective Service System
    
        Social Security Administration
    
        Surface Transportation Board
    
         The Regulatory Information Service Center (the 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. The Center also provides 
    information about Federal regulatory activity to the President and his 
    Executive Office, the Congress, agency managers, 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 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 Is the Unified Agenda Published?
    
         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 
    entitled ``Proper Consideration of Small Entities in Agency 
    Rulemaking,'' signed August 13, 2002 (67 FR 53461), provides additional 
    guidance on compliance with the Act.
    
    
    
    Executive Order 12866
    
         Executive Order 12866 entitled ``Regulatory Planning and Review,'' 
    signed September 30, 1993 (58 FR 51735), requires covered agencies to 
    prepare an agenda of all regulations under development or review. The 
    Order also requires that certain agencies prepare annually a regulatory 
    plan of their ``most important significant regulatory actions,'' which 
    appears as part of the fall Unified Agenda. 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 13132
    
         Executive Order 13132 entitled ``Federalism,'' signed August 4, 
    1999 (64 FR 43255), directs agencies to have an accountable process to 
    ensure meaningful and timely input by State and local officials in the 
    development of regulatory policies that have ``federalism 
    implications'' as defined in the Order. Under the Order, an agency that 
    is proposing a
    
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    regulation with federalism implications, which either preempt State law 
    or impose nonstatutory unfunded substantial direct compliance costs on 
    State and local governments, must consult with State and local 
    officials early in the process of developing the regulation. In 
    addition, the agency must provide to the Director of the Office of 
    Management and Budget a federalism summary impact statement for such 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 entitled ``Actions Concerning Regulations 
    That Significantly Affect Energy Supply, Distribution, or Use,'' signed 
    May 18, 2001 (66 FR 28355), directs agencies to provide, to the extent 
    possible, information regarding the adverse effects that agency actions 
    may have on the supply, distribution, and use of energy. Under the 
    Order, the agency must prepare and submit a Statement of Energy Effects 
    to the Administrator of the Office of Information and Regulatory 
    Affairs, Office of Management and Budget, for ``those matters 
    identified as significant energy actions.'' As part of this effort, 
    agencies may optionally include in their submissions for the Unified 
    Agenda information on whether they have prepared or plan to prepare a 
    Statement of Energy Effects for their regulatory actions.
    
    
    
    Small Business Regulatory Enforcement Fairness Act
    
         The Small Business Regulatory Enforcement Fairness Act (Pub. L. 
    104-121, title II) established a procedure for congressional review of 
    rules (5 U.S.C. 801 et seq.), which defers, unless exempted, the 
    effective date of a ``major'' rule for at least 60 days from the 
    publication of the final rule in the Federal Register. The Act 
    specifies that a rule is ``major'' if it has resulted or is likely to 
    result in an annual effect on the economy of $100 million or more or 
    meets other criteria specified in that Act. The Act provides that the 
    Administrator of OIRA will make the final determination as to whether a 
    rule is major.
    
    
    
    III. How Is the Unified Agenda Organized?
    
         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 
    subagencies. 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 whose 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 Advance 
        Notices of Proposed Rulemaking (ANPRMs) and reviews of existing 
        regulations.
    2.Proposed Rule Stage -- actions for which agencies plan to publish a 
        Notice of Proposed Rulemaking as the next step in their rulemaking 
        process or for which the closing date of the NPRM Comment Period is 
        the next step.
    3. Final Rule Stage -- actions for which agencies plan to publish a 
        final rule or an interim final rule or to take other final action 
        as the next step.
    4. Long-Term Actions -- items under development but for which the 
        agency does not expect to have a regulatory action within the 12 
        months after publication of this edition of the Unified Agenda. 
        Some of the entries in this section may contain abbreviated 
        information.
    5. Completed Actions -- actions or reviews the agency has completed or 
        withdrawn since publishing its last agenda. This section also 
        includes items the agency began and completed between issues of the 
        Agenda.
    
         A bullet () preceding the title of an entry indicates that 
    the entry is appearing in the Unified Agenda for the first time.
    
         In the printed edition, all entries are numbered sequentially from 
    the beginning to the end of the publication. The sequence number 
    preceding the title of each entry identifies the location of the entry 
    in this edition. 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
    
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    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
    
     As defined in Executive Order 12866, a rulemaking action that will 
        have an annual effect on the economy of $100 million or more or 
        will adversely affect in a material way the economy, a sector of 
        the economy, productivity, competition, jobs, the environment, 
        public health or safety, or State, local, or tribal governments or 
        communities. The definition of an ``economically significant'' rule 
        is similar but not identical to the definition of a ``major'' rule 
        under 5 U.S.C. 801 (Pub. L. 104-121). (See below.)
    
    (2) Other Significant
    
     A rulemaking that is not Economically Significant but is considered 
        Significant by the agency. This category includes rules that the 
        agency anticipates will be reviewed under Executive Order 12866 or 
        rules that are a priority of the agency head. These rules may or 
        may not be included in the agency's regulatory plan.
    
    (3) Substantive, Nonsignificant
    
     A rulemaking that has substantive impacts but is neither Significant, 
        nor Routine and Frequent, nor Informational/Administrative/Other.
    
    (4) Routine and Frequent
    
     A rulemaking that is a specific case of a multiple recurring 
        application of a regulatory program in the Code of Federal 
        Regulations and that does not alter the body of the regulation.
    
    (5) Informational/Administrative/Other
    
     A rulemaking that is primarily informational or pertains to agency 
        matters not central to accomplishing the agency's regulatory 
        mandate but that the agency places in the Unified Agenda to inform 
        the public of the activity.
    
         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.
    
         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 03/00/10 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 fall 
    2008.
    
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         Agency Contact -- the name and phone number of at least one person 
    in the agency who is knowledgeable about the rulemaking action. The 
    agency may also provide the title, address, fax number, e-mail address, 
    and TDD for each agency contact.
    
         Some agencies have provided the following optional information:
    
         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, 
    http://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.
    
         Some agencies that participated in the fall 2008 edition of The 
    Regulatory Plan have chosen to include the following information for 
    those entries that appeared in the Plan:
    
         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.
    
         EO -- An Executive order is a directive from the President to 
    Executive agencies, issued under constitutional or statutory authority. 
    Executive orders are published in the Federal Register and in title 3 
    of the Code of Federal Regulations.
    
         FR -- The Federal Register is a daily Federal Government 
    publication that provides a uniform system for publishing Presidential 
    documents, all proposed and final regulations, notices of meetings, and 
    other official documents issued by Federal agencies.
    
         FY -- The Federal fiscal year runs from October 1 to September 30.
    
         NPRM -- A Notice of Proposed Rulemaking is the document an agency 
    issues and publishes in the Federal Register that describes and 
    solicits public comments on a proposed regulatory action. Under the 
    Administrative Procedure Act (5 U.S.C. 553), an NPRM must include, at a 
    minimum:
    
     a statement of the time, place, and nature of the public 
        rulemaking proceeding;
     a reference to the legal authority under which the rule is 
        proposed; and
     either the terms or substance of the proposed rule or a 
        description of the subjects and issues involved.
    
         PL (or Pub. L.) -- A public law is a law passed by Congress and 
    signed by the President or enacted over his veto. It has general 
    applicability, unlike a private law that applies only to those persons 
    or entities specifically designated. Public laws are numbered in 
    sequence throughout the 2-year life of each Congress; for example, PL 
    110-4 is the fourth public law of the 110th Congress.
    
         RFA -- A Regulatory Flexibility Analysis is a description and 
    analysis of the impact of a rule on small entities, including small 
    businesses, small governmental jurisdictions, and certain small not-
    for-profit organizations. The Regulatory Flexibility Act (5 U.S.C. 601 
    et seq.) requires each agency to prepare an initial RFA for public 
    comment when it is required to publish an NPRM and to make available a 
    final RFA when the final rule is published, unless the agency head 
    certifies that the rule would not have a significant economic impact on 
    a substantial number of small entities.
    
         RIN -- The Regulation Identifier Number is assigned by the 
    Regulatory Information Service Center to identify each regulatory 
    action listed in the 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 Unified Agenda. Note that a 
    specific regulatory action will have the same RIN throughout its 
    development but will generally have different
    
    [[Page 21864]]
    
    sequence numbers if it appears in different printed editions of the 
    Unified Agenda. Sequence numbers are not used in the online Unified 
    Agenda
    
         USC -- The United States Code is a consolidation and codification 
    of all general and permanent laws of the United States. The USC is 
    divided into 50 titles, each title covering a broad area of Federal 
    law.
    
    
    
    VI. How Can Users Get Copies of the 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 
    Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-7954. Telephone: 
    (202) 512-1800 or 1-866-512-1800 (toll-free).
    
         Copies of individual agency materials may be available directly 
    from the agency or may be found on the agency's website. Please contact 
    the particular agency for further information.
    
         All editions of The Regulatory Plan and the Unified Agenda of 
    Federal Regulatory and Deregulatory Actions since fall 1995 are 
    available in electronic form at http://reginfo.gov, along withflexible 
    search tools. During 2009, searchable access to the entire historic 
    Unified Agenda database back to 1983 will be added to the site.
    
         In accordance with regulations for the Federal Register, the 
    Government Printing Office's GPO Access website contains copies of the 
    Agendas and Regulatory Plans that have been printed in the Federal 
    Register. These documents are available at http://www.gpoaccess.gov/ua/
    index.html.
    
    Dated: April 22 , 2009.
    
     John C. Thomas,
    Executive Director.
    
    [FR Doc. E9-10283 Filed 05-08-09;8:45 am]
    BILLING CODE 6820-27-S
    
    

Document Information

Published:
05/11/2009
Department:
National Foundation on the Arts and the Humanities
Entry Type:
Uncategorized Document
Action:
Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions.
Document Number:
E9-10283
Pages:
21859-21864 (6 pages)
PDF File:
e9-10283.pdf