[December 10, 2007 (Volume 72, Number 236)] [Unified Agenda] From the Federal Register Online via GPO Access [frwais.access.gpo.gov] [DOCID: f:ua071002.wais] [Page 69743-69997] The Regulatory Plan ____________________________________________________________________ [[Page 69743]] INTRODUCTION TO THE FALL 2007 REGULATORY PLAN Federal regulation is a fundamental instrument of national policy. It is one of the three major tools -- in addition to spending and taxing -- used to implement policy. It is used to advance numerous public objectives, including homeland security, environmental protection, educational quality, food safety, transportation safety, health care quality, equal employment opportunity, energy security, immigration control, and consumer protection. The Office of Management and Budget's (OMB) Office of Information and Regulatory Affairs (OIRA) is responsible for overseeing and coordinating the Federal Government's regulatory policies. The Regulatory Plan is published as part of the fall edition of the Unified Agenda of Federal Regulatory and Deregulatory Actions, and serves as a statement of the Administration's regulatory and deregulatory policies and priorities. The purpose of the Plan is to make the regulatory process more accessible to the public and to ensure that the planning and coordination necessary for a well-functioning regulatory process occurs. The Plan identifies regulatory priorities and contains information about the most significant regulatory actions that agencies expect to undertake in the coming year. An accessible regulatory process enables citizen centered service, which is a vital part of the President's Management Agenda. Federal Regulatory Policy The Bush Administration supports Federal regulations that are sensible and based on sound science, economics, and the law. Accordingly, the Administration is striving for a regulatory process that adopts new rules when markets fail to serve the public interest, simplifies and modifies existing rules to make them more effective or less costly or less intrusive, and rescinds outmoded rules whose benefits do not justify their costs. In pursuing this agenda, OIRA has adopted an approach based on the principles of regulatory analysis and policy espoused in Executive Order 12866, signed by President Clinton in 1993. Effective regulatory policy is not uniformly pro- regulation or anti-regulation. It begins with the authority granted under the law. Within the discretion available to the regulating agency by its statutory authority, agencies apply a number of principles articulated in Executive Order 12866, as well as other applicable Executive Orders, in order to design regulations that achieve their ends in the most efficient way. This means bringing to bear on the policy problem sound economic principles, the highest quality information, and the best possible science. This is not always an easy task, as sometimes economic and scientific information may point in very different directions, and therefore designing regulations does not mean just the rote application of quantified data to reach policy decisions. In making regulatory decisions, we expect agencies to consider not only benefit and cost items that can be quantified and expressed in monetary units, but also other attributes and factors that cannot be integrated readily in a benefit-cost framework, such as fairness and privacy. However, effective regulation is the result of the careful use of all available high-quality data, and the application of broad principles established by the President. [[Page 69744]] In pursuing this goal of establishing an effective, results-oriented regulatory system, the Bush Administration has increased the level of public involvement and transparency in the development of regulations, including in OMB's review of new and existing regulations. The Administration's e-rulemaking initiative is designed to improve the public's ability to get involved in the rulemaking process. Visitors to the website, http://www.regulations.gov, can view and comment electronically on regulations proposed by Federal departments and agencies. Starting with this edition, the Regulatory Plan and Unified Agenda are available electronically in searchable database format at http://reginfo.gov. Additionally, beginning in early 2008, prior editions of the Regulatory Plan and Unified Agenda will also be made available in searchable format at http://reginfo.gov. For new rulemakings and programs, OIRA has enhanced the transparency of OMB's regulatory review process. OIRA's website now enables the public to find which rules are formally under review at OMB and which rules have recently been cleared or have been returned to agencies for reconsideration. OIRA has also increased the amount of information available on its website. In addition to information on meetings and correspondence, OIRA makes available communications from the OIRA Administrator to agencies, including ``prompt letters,'' ``return letters,'' and ``post clearance letters,'' as well as the Administrator's memorandum to the President's Management Council (September 20, 2001) on presidential review of agency rulemaking by OIRA. For existing rulemakings, OIRA has initiated a modest series of calls for reform nominations in 2001, 2002, and 2004. In the draft 2001 annual Report to Congress on the Costs and Benefits of Federal Regulation, OMB asked for suggestions from the public about specific regulations that should be modified in order to increase net benefits to the public. We received suggestions regarding 71 regulations, 23 of which OMB designated as high priorities. After a similar call for reforms in the 2002 draft Report, OMB received recommendations on 316 distinct rules, guidance documents, and paperwork requirements from over 1,700 commenters. Many of the nominations involved rules and guidance documents that were recently issued or already under review by the agencies, or involved independent agency rules or guidance documents. OMB determined that the remaining 122 rules and 34 guidance documents were not under active review, and referred them to the agencies for their evaluation as possible reforms. Finally, in the 2004 draft Report, OMB requested public nominations of promising regulatory reforms relevant to the manufacturing sector. In particular, commenters were asked to suggest specific reforms to rules, guidance documents, or paperwork requirements that would improve manufacturing regulation by reducing unnecessary costs, increasing effectiveness, enhancing competitiveness, reducing uncertainty, and increasing flexibility. In response to the solicitation, OMB received 189 distinct reform nominations from 41 commenters. Of these, Federal agencies and OMB have determined that 76 of the 189 nominations have potential merit and justify further action. For further information, all of these Reports are available on OIRA's website at http://www.whitehouse.gov/omb/ inforeg/regpol.html. The Bush Administration has also moved aggressively to establish basic quality performance goals for all information disseminated by Federal agencies, including information disseminated in support of proposed and final regulations. The Federal agencies issued guidelines on October 1, 2002 under the Information Quality Act to ensure the ``quality, objectivity, utility, and integrity'' of all information disseminated by Federal agencies. Under these guidelines, Federal agencies are taking appropriate steps to incorporate the information quality performance standards into agency information dissemination practices, and developing pre- dissemination review procedures to substantiate the quality of information before it is disseminated. Under the [[Page 69745]] agency information quality guidelines, ``affected persons'' can request that the agencies correct information if they believe that scientific, technical, economic, statistical or other information disseminated does not meet the agency and OMB standards. If the requestor is dissatisfied with the initial agency response to a correction request, an appeal opportunity is provided by the agencies. With the implementation of these guidelines, agencies are now aware that ensuring the high quality of government information disseminations is a high priority of the Administration. Further information on OIRA's activities implementing the Information Quality Act is available on OIRA's website at http:// www.whitehouse.gov/omb/inforeg/infopoltech.html. As part of its efforts to improve the quality, objectivity, utility, and integrity of information disseminated by the Federal agencies, on December 16, 2004, OMB issued a Final Information Quality Bulletin for Peer Review. This Bulletin establishes government- wide guidance aimed at enhancing the practice of peer review of government science documents. The Bulletin describes minimum standards for when peer review is required and how intensive the peer review should be for different information. The Bulletin requires the most rigorous form of peer review for highly influential scientific assessments. Further information on peer review is available on OIRA's website at http:/ /www.whitehouse.gov/omb/memoranda/fy2005/m05-03.pdf. Recognizing the importance of agency interpretations of existing regulations, OIRA recently changed its policies concerning the development and review of agency ``guidance documents.'' On January 18, 2007, the President issued Executive Order 13422, ``Amendment to Executive Order 12866 for Regulatory Planning and Review.'' On that same day, OMB issued its Bulletin on Agency Good Guidance Practices. The primary focus of the Executive Order and the Good Guidance Bulletin is to increase the quality, transparency, and accountability of guidance documents. The Good Guidance Bulletin, which OMB issued after seeking public comment on a proposed version, established policies and procedures for agencies to apply in their development and issuance of ``significant'' and ``economically significant'' guidance documents. This Bulletin will ensure that guidance documents are of high quality, developed with appropriate agency review and public participation, and readily accessible by the public. The principal change to E.O. 12866 is a new process that will provide an opportunity for interagency coordination and review of significant guidance documents prior to their issuance. E.O. 12866 was amended in several other ways. For example, to ensure appropriate accountability, the E.O. modifies the procedures for an agency's adoption of its annual Regulatory Plan and requires that an agency's Regulatory Policy Officer be a Presidential appointee. The E.O. also updates the Principles of Regulation in E.O. 12866 to reflect the guidance-coordination provisions in pre-existing OMB guidance. In addition to increasing the level of public involvement and transparency in its review of regulations, the Bush Administration has sought to enhance the role of analysis in the development of effective regulations. On September 17, 2003, OMB issued revised guidance to agencies on regulatory analysis.\1\ Key features of the revised guidance include more emphasis on cost-effectiveness, more careful evaluation of qualitative and intangible values, and a greater emphasis on considering the uncertainty inherent in estimates of impact. OIRA was very interested in updating the guidance in light of these and other innovations now commonplace in the research community. ------------ \1\ See Circular A-4, ``Regulatory Analysis,'' published as part of OMB's 2003 Report to Congress on the Costs and Benefits of Federal Regulations. The report is available on OMB's website at http:// www.whitehouse.gov/omb/inforeg/2003--cost-ben--final-- rpt.pdf [[Page 69746]] Further, in 2007 OMB and the Office of Science and Technology Policy (OSTP) issued an updated memorandum outlining principles for conducting analyses of health, safety, and environmental risk. The memorandum reaffirms risk analysis principles previously released by OMB in 1995 and reinforces them with more recent guidance from the scientific community, Congress, and the Executive Branch. The 2007 Regulatory Plan continues OIRA's effort to ensure coordination across Federal agencies in pursuing analytically sound regulatory policies. The Administration's 2007 Regulatory Priorities With regard to Federal regulation, the Bush Administration's objective is quality, not quantity. Those rules that are adopted promise to be more effective, less intrusive, and more cost-effective in achieving national objectives while demonstrating greater durability in the face of political and legal attack. The Regulatory Plan is integral to enhancing the quality of Federal regulations, and OMB seeks to ensure that the public is provided with the information needed to understand and comment on the Federal regulatory agenda. Accordingly, the 2007 Regulatory Plan highlights the following themes: Regulations that are particularly good examples of the Administration's ``smart'' regulation agenda to streamline regulations and reporting requirements, which is a key part of the President's economic plan. Regulations that are of particular concern to small businesses. Regulations that respond to public nominations submitted to OMB in 2001 or 2002. Regulations that address 2004 nominations for promising regulatory reforms in the manufacturing sector. Conclusion Smarter regulatory policies, created through public participation, transparency, and cooperation across Federal agencies, are a key Administration objective. The following department and agency plans provide further information on regulatory priorities. All agencies' plans are a reflection of the Administration's Federal Regulatory Policy objectives, which aim at implementing an effective and results- oriented regulatory system. [[Page 69747]] DEPARTMENT OF AGRICULTURE -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 1 National Organic Program: Add Standards for the Organic Certification of Wild Captured Aquatic 0581-AB97 Prerule Stage Animals (TM-01-08) 2 Mandatory Country of Origin Labeling of Beef, Pork, Lamb, Fish, Perishable Agricultural 0581-AC26 Final Rule Stage Commodities, and Peanuts (LS-03-04) 3 Mandatory Reporting for Dairy Programs (DA-06-07) 0581-AC66 Final Rule Stage 4 Livestock Mandatory Reporting: Revise Reporting Regulation for Swine, Cattle, Lamb, and Boxed Beef 0581-AC67 Final Rule Stage (LS-07-01) 5 Regulation of Genetically Engineered Animals 0579-AC37 Prerule Stage 6 Animal Welfare; Regulations and Standards for Birds 0579-AC02 Proposed Rule Stage 7 Importation of Plants for Planting; Establishing a New Category of Plants for Planting Not 0579-AC03 Proposed Rule Authorized for Importation Pending Risk Assessment Stage 8 Introduction of Organisms and Products Altered or Produced Through Genetic Engineering 0579-AC31 Proposed Rule Stage 9 Nutrition Standards in the National School Lunch and School Breakfast Programs 0584-AD59 Proposed Rule Stage 10 Child and Adult Care Food Program: Improving Management and Program Integrity 0584-AC24 Final Rule Stage 11 FSP: Eligibility and Certification Provisions of the Farm Security and Rural Investment Act of 2002 0584-AD30 Final Rule Stage 12 Quality Control Provisions of Title IV of Public Law 107-171 0584-AD31 Final Rule Stage 13 Special Nutrition Programs: Fluid Milk Substitutions 0584-AD58 Final Rule Stage 14 Direct Certification of Children in Food Stamp Households and Certification of Homeless, Migrant, 0584-AD60 Final Rule Stage and Runaway Children for Free Meals in the NSLP, SBP, and SMP 15 Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): WIC Vendor Cost 0584-AD71 Final Rule Stage Containment 16 Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Revisions in the WIC 0584-AD77 Final Rule Stage Food Packages 17 Egg Products Inspection Regulations 0583-AC58 Proposed Rule Stage 18 Changes to Regulatory Jurisdiction Over Certain Food Products Containing Meat and Poultry 0583-AD28 Proposed Rule Stage 19 Public Health-Based Poultry Slaughter Inspection 0583-AD32 Proposed Rule Stage 20 Performance Standards for the Production of Processed Meat and Poultry Products; Control of 0583-AC46 Final Rule Stage Listeria Monocytogenes in Ready-To-Eat Meat and Poultry Products 21 Nutrition Labeling of Single-Ingredient Products and Ground or Chopped Meat and Poultry Products 0583-AC60 Final Rule Stage 22 Availability of Lists of Retail Consignees During Meat or Poultry Product Recalls 0583-AD10 Final Rule Stage 23 Forest Service National Environmental Policy Act Procedures 0596-AC49 Proposed Rule Stage 24 Special Areas; State-Specific Inventoried Roadless Area Management: Idaho 0596-AC62 Proposed Rule Stage 25 Special Areas; State-Specific Inventoried Roadless Area Management: Colorado 0596-AC74 Proposed Rule Stage 26 Planning Subpart A - National Forest System Land Management Planning 0596-AC70 Final Rule Stage 27 Delivery Enhancement for Guaranteed Loans 0570-AA65 Final Rule Stage 28 Rural Broadband Access Loans and Loan Guarantees 0572-AC06 Final Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF COMMERCE -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 29 Provide Guidance for the Limited Access Privilege Program Provisions of the Magnuson-Stevens 0648-AV48 Proposed Rule Fishery Conservation Reauthorization Act of 2006 Stage 30 Certification of Nations Whose Fishing Vessels Are Engaged in IUU Fishing or Bycatch of Protected 0648-AV51 Proposed Rule Living Marine Resources Stage [[Page 69748]] 31 Guidance for Annual Catch Limits (ACLs) and Accountability Measures (AMs) To End Overfishing 0648-AV60 Proposed Rule Stage 32 Right Whale Ship Strike Reduction 0648-AS36 Final Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF EDUCATION -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 33 Title IV of the Higher Education Act of 1965, as Amended 1840-AC93 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF ENERGY -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 34 Energy Conservation Standards for Residential Electric and Gas Ranges and Ovens and Microwave 1904-AB49 Prerule Stage Ovens, Dishwashers, Dehumidifiers, and Commercial Clothes Washers 35 Energy Efficiency Standards for Packaged Terminal Air Conditioners and Packaged Terminal Heat Pumps 1904-AB44 Proposed Rule Stage 36 Energy Efficiency Standards for Commercial Refrigeration Equipment 1904-AB59 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 37 Control of Communicable Diseases, Interstate and Foreign Quarantine 0920-AA12 Final Rule Stage 38 Electronic Submission of Data From Studies Evaluating Human Drugs and Biologics 0910-AC52 Proposed Rule Stage 39 Content and Format of Labeling for Human Prescription Drugs and Biologics; Requirements for 0910-AF11 Proposed Rule Pregnancy and Lactation Labeling Stage 40 Label Requirement for Food That Has Been Refused Admission Into the United States 0910-AF61 Proposed Rule Stage 41 Medical Device Reporting; Electronic Submission Requirements 0910-AF86 Proposed Rule Stage 42 Electronic Registration and Listing for Devices 0910-AF88 Proposed Rule Stage 43 Current Good Manufacturing Practice in Manufacturing, Packing, or Holding Dietary Ingredients and 0910-AB88 Final Rule Stage Dietary Supplements 44 Prevention of Salmonella Enteritidis in Shell Eggs 0910-AC14 Final Rule Stage 45 Prior Notice of Imported Food Under the Public Health Security and Bioterrorism Preparedness and 0910-AC41 Final Rule Stage Response Act of 2002 46 Expanded Access to Investigational Drugs for Treatment Use 0910-AF14 Final Rule Stage 47 Standards for E-Prescribing Under Medicare Part D (CMS-0016-P) 0938-AO66 Proposed Rule Stage 48 Application of Certain Appeals Provisions to the Medicare Prescription Drug Appeals Process (CMS- 0938-AO87 Proposed Rule 4127-P) Stage 49 Medicare Supplemental Policies (CMS-4084-P) 0938-AP10 Proposed Rule Stage 50 Changes to the Hospital Outpatient Prospective Payment System and Ambulatory Surgical Center 0938-AP17 Proposed Rule Payment System for CY 2009 (CMS-1404-P) Stage [[Page 69749]] 51 Revisions to Payment Policies Under the Physician Fee Schedule and Ambulance Fee Schedule for CY 0938-AP18 Proposed Rule 2009 (CMS-1403-P) Stage 52 End Stage Renal Disease (ESRD) Conditions for Coverage (CMS-3818-F) 0938-AG82 Final Rule Stage 53 Hospice Care Conditions of Participation (CMS-3844-F) 0938-AH27 Final Rule Stage 54 Health Coverage Portability: Tolling Certain Time Periods and Interactions With Family and Medical 0938-AL88 Final Rule Stage Leave Act (CMS-2158-F) -------------------------------------------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 55 Implementation of the United States Visitor and Immigrant Status Indicator Technology Program (US- 1601-AA34 Proposed Rule VISIT); Biometric Requirements for Exit at Air and Sea Ports Stage 56 Minimum Standards for Driver's Licenses and Identification Cards Acceptable to Federal Agencies for 1601-AA37 Final Rule Stage Official Purposes 57 Reduction of the Number of Acceptable Documents and Other Changes to Employment Verification 1615-AA01 Proposed Rule Requirements Stage 58 Special Immigrant and Nonimmigrant Religious Workers 1615-AA16 Final Rule Stage 59 Adjustment of Status to Lawful Permanent Resident for Aliens in T and U Nonimmigrant Status 1615-AA60 Final Rule Stage 60 Changes to Requirements Affecting H-2A Nonimmigrants 1615-AB65 Final Rule Stage 61 Implementation of the 1995 Amendments to the International Convention on Standards of Training, 1625-AA16 Proposed Rule Certification, and Watchkeeping (STCW) for Seafarers, 1978 (USCG-2004-17914) Stage 62 Commercial Fishing Industry Vessels (USCG-2003-16158) 1625-AA77 Proposed Rule Stage 63 Navigation Equipment; SOLAS Chapter V Amendments and Electronic Chart System (USCG-2004-19588) 1625-AA91 Proposed Rule Stage 64 Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification System (USCG- 1625-AA99 Proposed Rule 2005-21869) Stage 65 Increasing Passenger Weight Standard for Passenger Vessels (USCG 2005-22732) 1625-AB20 Proposed Rule Stage 66 Transportation Worker Identification Credential (TWIC); Card Reader Requirements (USCG-2007-28915) 1625-AB21 Proposed Rule Stage 67 Outer Continental Shelf Activities (USCG-1998-3868) 1625-AA18 Final Rule Stage 68 Advance Information on Private Aircraft Arriving and Departing the United States 1651-AA41 Proposed Rule Stage 69 Importer Security Filing and Additional Carrier Requirements 1651-AA70 Proposed Rule Stage 70 Documents Required for Travelers Entering the United States at Sea and Land Ports-of-Entry From 1651-AA69 Final Rule Stage Within the Western Hemisphere 71 Aircraft Repair Station Security 1652-AA38 Proposed Rule Stage 72 Secure Flight Program 1652-AA45 Proposed Rule Stage 73 Large Aircraft Security Program, Other Aircraft Operator Security Program, and Airport Operator 1652-AA53 Proposed Rule Security Program Stage 74 Public Transportation--Security Plan 1652-AA56 Proposed Rule Stage 75 Railroads-Security Training of Employees 1652-AA57 Proposed Rule Stage [[Page 69750]] 76 Railroads--Vulnerability Assessment and Security Plan 1652-AA58 Proposed Rule Stage 77 Over-the-Road Buses--Security Training of Employees 1652-AA59 Proposed Rule Stage 78 Over-the-Road Buses--Vulnerability Assessment and Security Plan 1652-AA60 Proposed Rule Stage 79 Security Threat Assessments of Certain Transportation Personnel 1652-AA61 Proposed Rule Stage 80 Rail Transportation Security 1652-AA51 Final Rule Stage 81 Public Transportation-Security Training of Employees 1652-AA55 Final Rule Stage 82 Special Community Disaster Loans Program 1660-AA44 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 83 HUD's Regulation of Fannie Mae and Freddie Mac: Housing Goals (FR-4960) 2501-AD12 Proposed Rule Stage 84 Real Estate Settlement Procedures Act (RESPA); To Simplify and Improve the Process of Obtaining 2502-AI61 Proposed Rule Mortgages and Reduce Consumer Costs (FR-5180) Stage 85 Capital Fund Program (FR-4880) 2577-AC50 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 86 Placement of Excess Spoil 1029-AC04 Proposed Rule Stage 87 Oil Shale Leasing and Operations 1004-AD90 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF JUSTICE -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 88 Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities 1190-AA44 Proposed Rule Stage 89 Nondiscrimination on the Basis of Disability in State and Local Government Services 1190-AA46 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF LABOR -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 90 Family and Medical Leave Act of 1993; Conform to the Supreme Court's Ragsdale Decision 1215-AB35 Proposed Rule Stage 91 Senior Community Service Employment Program 1205-AB48 Proposed Rule Stage 92 YouthBuild Program 1205-AB49 Proposed Rule Stage [[Page 69751]] 93 Apprenticeship Programs, Labor Standards for Registration, Amendment of Regulations 1205-AB50 Proposed Rule Stage 94 Federal-State Unemployment Compensation Program; Interstate Arrangement for Combining Employment 1205-AB51 Proposed Rule and Wages Stage 95 Senior Community Service Employment Program; Performance Accountability 1205-AB47 Final Rule Stage 96 Fee and Expense Disclosures to Participants in Individual Account Plans 1210-AB07 Proposed Rule Stage 97 Amendment of Standards Applicable to General Statutory Exemption for Services 1210-AB08 Proposed Rule Stage 98 Prohibited Transaction Exemption for Provision of Investment Advice to Participants in Individual 1210-AB13 Proposed Rule Account Plans Stage 99 Periodic Pension Benefit Statements 1210-AB20 Proposed Rule Stage 100 Regulations Implementing the Health Care Access, Portability, and Renewability Provisions of the 1210-AA54 Final Rule Stage Health Insurance Portability and Accountability Act of 1996 101 Section 404 Regulation--Default Investment Alternatives Under Participant Directed Individual 1210-AB10 Final Rule Stage Account Plans 102 Continuous Personal Dust Monitors 1219-AB48 Prerule Stage 103 Diesel Particulate Matter: Conversion Factor From Total Carbon to Elemental Carbon 1219-AB55 Proposed Rule Stage 104 Asbestos Exposure Limit 1219-AB24 Final Rule Stage 105 Sealing of Abandoned Areas 1219-AB52 Final Rule Stage 106 Mine Rescue Teams 1219-AB53 Final Rule Stage 107 Occupational Exposure to Crystalline Silica 1218-AB70 Prerule Stage 108 Cranes and Derricks 1218-AC01 Proposed Rule Stage 109 Hazard Communication 1218-AC20 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 110 Nondiscrimination on the Basis of Disability in Air Travel 2105-AC97 Final Rule Stage 111 Automatic Dependent Surveillance--Broadcast (ADS-B) Equipage Mandate To Support Air Traffic Control 2120-AI92 Proposed Rule Service Stage 112 Pilot Age Limit 2120-AJ01 Proposed Rule Stage 113 Aging Aircraft Program (Widespread Fatigue Damage) 2120-AI05 Final Rule Stage 114 Transport Airplane Fuel Tank Flammability Reduction 2120-AI23 Final Rule Stage 115 National Registry of Certified Medical Examiners 2126-AA97 Proposed Rule Stage 116 Commercial Driver's License Testing and Commercial Learner's Permit Standards 2126-AB02 Proposed Rule Stage 117 Medical Certification Requirements as Part of the Commercial Driver's License 2126-AA10 Final Rule Stage 118 New Entrant Safety Assurance Process 2126-AA59 Final Rule Stage 119 Requirements for Intermodal Equipment Providers and Motor Carriers and Drivers Operating Intermodal 2126-AA86 Final Rule Stage Equipment 120 Electronic On-Board Recorders for Hours-of-Service Compliance 2126-AA89 Final Rule Stage 121 Roof Crush Resistance 2127-AG51 Proposed Rule Stage 122 Light Truck Corporate Average Fuel Economy Standards, Model Years 2012 and Beyond 2127-AK08 Proposed Rule Stage 123 Reduced Stopping Distance Requirements for Truck Tractors 2127-AJ37 Final Rule Stage 124 Regulatory Relief for Electronically Controlled Pneumatic Brake System Implementation 2130-AB84 Proposed Rule Stage [[Page 69752]] 125 Major Capital Investment Projects--New/Small Starts 2132-AA81 Proposed Rule Stage 126 Pipeline Safety: Distribution Integrity Management 2137-AE15 Proposed Rule Stage 127 Hazardous Materials: Enhancing Rail Transportation Safety and Security for Hazardous Materials 2137-AE02 Final Rule Stage Shipments -------------------------------------------------------------------------------------------------------------------------------------------------------- DEPARTMENT OF THE TREASURY -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 128 Implementation of a Revised Basel Capital Accord (Basel II) 1557-AC91 Final Rule Stage 129 Implementation of a Revised Basel Capital Accord (Basel II) 1550-AB56 Final Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 130 Review of the National Ambient Air Quality Standards for Lead 2060-AN83 Prerule Stage 131 Endocrine Disruptor Screening Program (EDSP); Implementing the Screening and Testing Phase 2070-AD61 Prerule Stage 132 Nanoscale Materials Under TSCA 2070-AJ30 Prerule Stage 133 Implementing Periodic Monitoring in Federal and State Operating Permit Programs 2060-AN00 Proposed Rule Stage 134 Revisions to the Definition of Potential to Emit (PTE) 2060-AN65 Proposed Rule Stage 135 Risk and Technology Review Phase II Group 2 2060-AN85 Proposed Rule Stage 136 Rulemaking To Address Greenhouse Gas Emissions From Motor Vehicles 2060-AO56 Proposed Rule Stage 137 Test Rule; Testing of Certain High Production Volume (HPV) Chemicals 2070-AD16 Proposed Rule Stage 138 Pesticides; Data Requirements for Antimicrobials 2070-AD30 Proposed Rule Stage 139 Pesticides; Competency Standards for Occupational Users 2070-AJ20 Proposed Rule Stage 140 Pesticides; Agricultural Worker Protection Standard Revisions 2070-AJ22 Proposed Rule Stage 141 Pesticides; Data Requirements for Plant-Incorporated Protectants (PIPs) 2070-AJ27 Proposed Rule Stage 142 Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule 2050-AG16 Proposed Rule Stage 143 Revisions to Land Disposal Restrictions Treatment Standards and Amendments to Recycling 2050-AG34 Proposed Rule Requirements for Spent Petroleum Refining Hydrotreating and Hydrorefining Catalysts Stage 144 NPDES Vessel Vacatur 2040-AE93 Proposed Rule Stage 145 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): 2060-AL75 Final Rule Stage Debottlenecking, Aggregation and Project Netting 146 Control of Emissions from New Locomotives and New Marine Diesel Engines Less Than 30 Liters per 2060-AM06 Final Rule Stage Cylinder 147 Control of Emissions From Nonroad Spark-Ignition Engines and Equipment 2060-AM34 Final Rule Stage 148 Amendment of the Standards for Radioactive Waste Disposal in Yucca Mountain, Nevada 2060-AN15 Final Rule Stage 149 Review of the National Ambient Air Quality Standards for Ozone 2060-AN24 Final Rule Stage 150 Prevention of Significant Deterioration and Nonattainment New Source Review: Emission Increases for 2060-AN28 Final Rule Stage Electric Generating Units [[Page 69753]] 151 Final Rule for Implementation of the New Source Review (NSR) Program for PM2.5 2060-AN86 Final Rule Stage 152 Lead-Based Paint; Amendments for Renovation, Repair and Painting 2070-AC83 Final Rule Stage 153 Regulation of Oil-Bearing Hazardous Secondary Materials From the Petroleum Refining Industry 2050-AE78 Final Rule Stage Processed in a Gasification System to Produce Synthesis Gas 154 Expanding the Comparable Fuels Exclusion Under RCRA 2050-AG24 Final Rule Stage 155 Definition of Solid Wastes Revisions 2050-AG31 Final Rule Stage 156 NPDES Permit Requirements for Peak Wet Weather Discharges From Publicly Owned Treatment Work 2040-AD87 Final Rule Stage Treatment Plants Serving Sanitary Sewer Collection Systems Policy 157 Concentrated Animal Feeding Operation Rule 2040-AE80 Final Rule Stage 158 Water Transfers Rule 2040-AE86 Final Rule Stage 159 Implementation Guidance for Mercury Water Quality Criteria 2040-AE87 Final Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- EQUAL EMPLOYMENT OPPORTUNITY COMMISSION -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 160 Coordination of Retiree Health Benefits With Medicare and State Health Benefits 3046-AA72 Final Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- NATIONAL ARCHIVES AND RECORDS ADMINISTRATION -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 161 Federal Records Management 3095-AB16 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- SMALL BUSINESS ADMINISTRATION -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 162 Small Business Lending Company and Lender Oversight Regulations 3245-AE14 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- SOCIAL SECURITY ADMINISTRATION -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 163 Revised Medical Criteria for Evaluating Immune (HIV) System Disorders 0960-AG71 Prerule Stage 164 Revised Medical Criteria for Evaluating Mental Disorders (886P) 0960-AF69 Proposed Rule Stage 165 Revised Medical Criteria for Evaluating Hearing Loss (2862P) 0960-AG20 Proposed Rule Stage 166 Additional Insured Status Requirements for Certain Alien Workers (2882P) 0960-AG22 Proposed Rule Stage 167 Amendments to the Administrative Law Judge, Appeals Council, and Decision Review Board Appeals 0960-AG52 Proposed Rule Levels (3401P) Stage 168 Representation of Claimants (3396P) 0960-AG56 Proposed Rule Stage 169 Revised Medical Criteria for Malignant Neoplastic Diseases (3429P) 0960-AG57 Proposed Rule Stage 170 Amendments and Clarifications to the Adjudicatory Process (3431P) 0960-AG58 Proposed Rule Stage [[Page 69754]] 171 Requirement That Professional Representatives File Requests for Reconsideration and Administrative 0960-AG59 Proposed Rule Law Judge Hearings Via the Internet (3432P) Stage 172 Amendments to Hearings Level Adjudication (3434P) 0960-AG61 Proposed Rule Stage 173 Updates to Medical-Vocational Guidelines 0960-AG68 Proposed Rule Stage 174 Clarify Applicability of Res Judicata 0960-AG69 Proposed Rule Stage 175 Eliminate Re-interviewing of Representative Payees 0960-AG70 Proposed Rule Stage 176 Revised Medical Criteria for Evaluating Immune System Disorders (804F) 0960-AF33 Final Rule Stage 177 Amendments to the Ticket To Work and Self-Sufficiency Program (967F) 0960-AF89 Final Rule Stage 178 Privacy and Disclosure of Official Records and Information; Availability of Information and Records 0960-AG14 Final Rule Stage to the Public (2562F) 179 Consultative Examination--Annual Onsite Review of Medical Examiners (3338F) 0960-AG41 Final Rule Stage 180 Suspension of New Claims to the Federal Reviewing Official Review Level (3394F) 0960-AG53 Final Rule Stage 181 Nonpayment of Benefits to Fugitive Felons and Probation or Parole Violators (2222F) 0960-AG55 Final Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 182 Flammability Standard for Upholstered Furniture 3041-AB35 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- FEDERAL TRADE COMMISSION -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 183 Fair and Accurate Credit Transactions Act of 2003 3084-AA94 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- NATIONAL INDIAN GAMING COMMISSION -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 184 Technical Standards for Gaming Machines and Gaming Systems 3141-AA29 Proposed Rule Stage 185 Game Classification Standards 3141-AA31 Proposed Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- POSTAL REGULATORY COMMISSION -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Rulemaking Stage Number Number -------------------------------------------------------------------------------------------------------------------------------------------------------- 186 System of Rate Regulation for Market Dominant Products 3211-AA02 Final Rule Stage 187 Competitive Products 3211-AA03 Final Rule Stage -------------------------------------------------------------------------------------------------------------------------------------------------------- [FR Doc. 07-05122 Filed 12-07-07; 8:45 am] BILLING CODE 6820-27-S [[Page 69755]] DEPARTMENT OF AGRICULTURE (USDA) Statement of Regulatory Priorities USDA's regulations cover a broad range of issues. Within the rulemaking process is the department-wide effort to reduce burden on participants and program administrators alike by focusing on improving program outcomes, and particularly on achieving the performance measures specified in the USDA and agency Strategic Plans. Significant focus is being placed on efficiencies that can be achieved through eGov activities, the migration to efficient electronic services and capabilities, and the implementation of focused, efficient information collections necessary to support effective program management. Important areas of activity include the following: Legislation covering major farm, trade, conservation, rural development, nutrition assistance and other programs (``Farm Bill'') expires at the end of fiscal year 2007. Regulations will need to be promulgated to implement any new or modified programs reauthorized included in the new Farm Bill that is now under development. It is anticipated that a number of high priority regulations will be developed during FY 2008 to implement the Farm Bill, but additional details are not available for inclusion in this plan. USDA will continue regulatory work to protect the health and value of U.S. agricultural and natural resources while facilitating trade flows. This includes amending regulations related to the importation of fruits and vegetables, nursery products, and animals and animal products, and continuing work related to regulation of plant and animal biotechnologies. In addition, USDA will propose specific standards for the humane handling, care, treatment, and transportation of birds under the Animal Welfare Act. In the area of food safety, USDA will continue to develop science-based regulations that improve the safety of meat, poultry, and egg products in the least burdensome and most cost-effective manner. Regulations will be revised to address emerging food safety challenges, streamlined to remove excessively prescriptive regulations, and updated to be made consistent with hazard analysis and critical control point principles. To assist small entities to comply with food safety requirements, the Food Safety and Inspection Service will continue to collaborate with other USDA agencies and State partners in the enhanced small business outreach program. As changes are made for the nutrition assistance programs, USDA will work to foster actions that will help improve diets, and particularly to prevent and reduce overweight and obesity. In 2008, FNS will continue to promote nutritional knowledge and education while minimizing participant and vendor fraud. USDA has priority projects in the Rural Development mission area to strengthen the regulations for its broadband access program to better focus on areas without such access, and to consolidate and streamline its regulations relating to the delivery of its guaranteed loan programs. USDA will continue to promote economic opportunities for agriculture and rural communities through its BioPreferred Program (formerly the Federal Biobased Product Preferred Procurement Program). USDA will continue to designate groups of biobased products to receive procurement preference from Federal agencies and contractors. In addition, USDA intends to publish rules establishing the Voluntary Labeling Program for biobased products. Reducing Paperwork Burden on Customers USDA has made substantial progress in implementing the goal of the Paperwork Reduction Act of 1995 to reduce the burden of information collection on the public. To meet the requirements of the Government Paperwork Elimination Act (GPEA) and the E-Government Act, agencies across USDA are providing electronic alternatives to their traditionally paper-based customer transactions. As a result, producers increasingly have the option to electronically file forms and all other documentation online. To facilitate the expansion of electronic government, USDA implemented an electronic authentication capability that allows customers to ``sign-on'' once and conduct business with all USDA agencies. Supporting these efforts are ongoing analyses to identify and eliminate redundant data collections and streamline collection instructions. The end result of implementing these initiatives is better service to our customers enabling them to choose when and where to conduct business with USDA. The Role of Regulations The programs of USDA are diverse and far reaching, as are the regulations that attend their delivery. Regulations codify how USDA will conduct its business, including the specifics of access to, and eligibility for, USDA programs. Regulations also specify the responsibilities of State and local governments, private industry, businesses, and individuals that are necessary to comply with their provisions. The diversity in purpose and outreach of USDA programs contributes significantly to USDA being near the top of the list of departments that produce the largest number of regulations annually. These regulations range from nutrition standards for the school lunch program, to natural resource and environmental measures governing national forest usage and soil conservation, to emergency producer assistance as a result of natural disasters, to regulations protecting American agribusiness (a major dollar value contributor to exports) from the ravages of domestic or foreign plant or animal pestilence, and they extend from farm to supermarket to ensure the safety, quality, and availability of the Nation's food supply. Many regulations function in a dynamic environment, which requires their periodic modification. The factors determining various entitlement, eligibility, and administrative criteria often change from year to year. Therefore, many significant regulations must be revised annually to reflect changes in economic and market benchmarks. Almost all legislation that affects USDA programs has accompanying regulatory needs, often with a significant impact resulting in the modification, addition, or deletion of many programs. In 2008, USDA anticipates implementing a new Farm Bill through regulations on major programs covering domestic commodity support, crop insurance, conservation, export and foreign food assistance, bioenergy, rural development, agricultural research, and food and nutrition programs. Major Regulatory Priorities This document represents summary information on prospective significant regulations as called for in Executive Order 12866. The following agencies are represented in this regulatory plan, [[Page 69756]] along with a summary of their mission and key regulatory priorities for 2008: Food and Nutrition Service Mission: The Food and Nutrition Service (FNS) increases food security and reduces hunger in partnership with cooperating organizations by providing children and low-income people access to food, a healthful diet, and nutrition education in a manner that supports American agriculture and inspires public confidence. Priorities: In addition to responding to provisions of legislation authorizing and modifying Federal nutrition assistance programs, FNS's 2007 regulatory plan supports USDA's Strategic Goal 5, ``Improve the Nation's Nutrition and Health,'' and its three related objectives: Improve Access to Nutritious Food. This objective represents FNS's efforts to improve nutrition by providing access to program benefits (Food Stamps, WIC food vouchers and nutrition services, school meals, commodities) and distributing State administrative funds to support program operations. To advance this objective, FNS plans to finalize rules implementing provisions of the Farm Security and Rural Investment Act of 2002 (P.L. 107-171) to simplify program administration, support work, and improve access to benefits in the Food Stamp Program (FSP). The Agency will also issue rules implementing provisions of the Child Nutrition and WIC Reauthorization Act of 2004 (P.L. 108-265) to establish automatic eligibility for homeless children for school meals. Promote Healthier Eating Habits and Lifestyles. This objective represents FNS's efforts to improve nutrition knowledge and behavior through nutrition education and breastfeeding promotion, and to ensure that program benefits meet the appropriate nutrition standards to effectively improve nutrition for program participants. In support of this objective, FNS plans to propose regulations updating nutrition standards in the school meals programs, and finalize a rule revising requirements that allow schools to substitute nutritionally-equivalent non-dairy beverages for fluid milk at the request of a recipient's parent in addition to medical care providers. FNS will also publish an interim final rule making improvements in food packages in the WIC program to reflect current dietary guidance, based on recommendations made by an Institute of Medicine expert panel. Improve Nutrition Assistance Program Management and Customer Service. This objective represents FNS's ongoing commitment to maximize the accuracy of benefits issued, maximize the efficiency and effectiveness of program operations, and minimize participant and vendor fraud. In support of this objective, FNS plans to finalize rules in the Child and Adult Care Food Program (CACFP) and the Special Supplemental Nutrition Program for Women, Infants and Children Program (WIC) to improve program management and prevent vendor fraud, as well as finalize rules in the FSP to improve the Quality Control process. Food Safety and Inspection Service Mission: The Food Safety and Inspection Service (FSIS) is responsible for ensuring that meat, poultry, and egg products in commerce are wholesome, not adulterated, and properly marked, labeled, and packaged. Priorities: FSIS is committed to developing and issuing science-based regulations intended to ensure that meat, poultry, and egg products are wholesome and not adulterated or misbranded. FSIS continues to review its existing authorities and regulations to streamline excessively prescriptive regulations, to revise or remove regulations that are inconsistent with the Agency's hazard analysis and critical control point regulations, and to ensure that it can address emerging food safety challenges. FSIS is also working with the Food and Drug Administration (FDA) to better delineate the two agencies' jurisdictions over various food products. In February 2001, FSIS proposed a rule to establish food safety performance standards for all processed ready-to-eat (RTE) meat and poultry products and for partially heat-treated meat and poultry products that are not ready-to-eat. The proposal also contained provisions addressing post-lethality contamination of RTE products with Listeria monocytogenes. In June 2003, FSIS published an interim final rule requiring establishments to prevent Listeria monocytogenes contamination of RTE products. The Agency is evaluating the effectiveness of this interim final rule, which in 2004 was the subject of a regulatory reform nomination to OMB. FSIS has carefully reviewed its economic analysis of the interim final rule in response to this recommendation and is planning to adjust provisions of the rule to reduce the information collection burden on small businesses. FSIS also is planning further action with respect to other elements of the 2001 proposal, based on quantitative risk assessments of target pathogens in processed products. FSIS plans to amend the poultry products inspection regulations to provide for a new inspection system for young poultry slaughter establishments that would facilitate public health-based inspection. Although this new system would be available initially only to young chicken slaughter, FSIS anticipates that this proposed rule would provide the framework for action to provide public health-based inspection in all establishments that slaughter amenable poultry species. This proposed rule will be designed based on some data from the HACCP-based Inspection Models (HIMP) pilot and will reflect FSIS' and establishments' experience under HIMP, which began in 1997. The proposed rule will also reflect information FSIS has gathered at public meetings on risk-based inspection for processing and slaughter this past year. In the same regulations that propose to establish a public-health based poultry products inspection system, FSIS intends to replace, with a performance standard, the requirement for ready-to-cook poultry products to be chilled to 40 [deg]F or below within certain time limits according to the weight of the dressed carcasses. Under the performance standard, poultry establishments would have to carry out slaughtering, dressing, and chilling operations in a manner that ensures no significant growth of pathogens, as demonstrated by control of the pathogens or indicator organisms. The existing time/temperature chilling regulations would remain available for use by establishments as a ``safe harbor'' for compliance with the new standard. FSIS proposed on March 7, 2006, to amend the Federal meat and poultry product inspection regulations to provide that the Agency would make available to individual consumers lists of the retail consignees of meat and poultry products that a federally inspected meat or poultry products establishment has voluntarily recalled. FSIS believes this action will improve public health by making available more information on where recalled products were sold. With this information, consumers will be more likely to identify and dispose of the products or return them to the stores that sold them. FSIS is collaborating with the FDA in an effort to rationalize the division of food protection responsibilities between the two agencies and eliminate [[Page 69757]] confusion over which agency has jurisdiction over which kinds of products. The agencies are taking an approach that involves considering how the meat or poultry ingredients contribute to the characteristics and basic identity of food products. Thus, FSIS plans to propose amending its regulations to exclude from its jurisdiction cheese and cheese products prepared with less than 50 percent meat or poultry; breads, rolls, and buns prepared with less than 50 percent meat or poultry; dried poultry soup mixes; flavor bases and reaction/process flavors; pizza with meat or poultry; and salad dressings prepared with less than 50 percent meat or poultry from the requirements. FSIS also plans to clarify that bagel dogs, natural casings, and close-faced meat or poultry sandwiches are subject to the requirements of the Federal Meat Inspection Act and the Poultry Products Inspection Act. FSIS also is planning to propose requirements for federally inspected egg product plants to develop and implement HACCP systems and sanitation standard operating procedures. The Agency will be proposing pathogen reduction performance standards for egg products. Further, the Agency will be proposing to remove requirements for FSIS approval of egg-product plant drawings, specifications, and equipment before their use, and to end the system for pre-marketing approval of labeling for egg products. Small business implications. The great majority of businesses regulated by FSIS are small businesses. With the possible exception of the planned poultry inspection system regulations, the regulations listed above substantially affect small businesses. FSIS recognizes the difficulties faced by many small and very small establishments in complying with necessary, science-based food-safety or other consumer protection requirements and in assuming the associated technical and financial burdens. FSIS attempts to reduce the burdens of its regulations on small business by providing alternative dates of compliance, furnishing detailed compliance guidance material, and conducting outreach programs to small and very small establishments. FSIS conducts a small business outreach program that provides critical training, access to food safety experts, and information resources (such as compliance guidance and questions and answers on various topics) in forms that are uniform, easily comprehended, and consistent. The Agency collaborates in this effort with other USDA agencies and cooperating State partners. For example, FSIS makes plant owners and operators aware of loan programs, available through USDA's Rural Business and Cooperative programs, to help them in upgrading their facilities. FSIS employees meet proactively with small and very small plant operators to learn more about their specific needs and provide joint training sessions for small and very small plants and FSIS employees. Animal and Plant Health Inspection Service Mission: A major part of the mission of the Animal and Plant Health Inspection Service (APHIS) is to protect the health and value of American agricultural and natural resources. APHIS conducts programs to prevent the introduction of exotic pests and diseases into the United States and conducts surveillance, monitoring, control, and eradication programs for pests and diseases in this country. These activities enhance agricultural productivity and competitiveness and contribute to the national economy and the public health. APHIS also conducts programs to ensure the humane handling, care, treatment, and transportation of animals under the Animal Welfare Act. Priorities: APHIS is continuing work that will result in a revision of its regulations concerning the introduction of organisms and products altered or produced through genetic engineering. This work consists of two parts. The first is to amend the existing plant-related regulations to reflect new consolidated authorities under the Plant Protection Act. The second is to begin with an advance notice of proposed rulemaking to consider regulatory approaches for transgenic animals. These regulatory changes are needed to ensure that USDA regulations for plant and animal health keep pace with advances in technology. APHIS also plans to propose changes to the regulations for importing nursery stock that will enhance our ability to protect plant health. The Agency also plans to propose changes to its regulations concerning bovine spongiform encephalopathy (BSE) to provide a more comprehensive framework for the importation of certain animals and products. With regard to animal welfare, APHIS plans to propose standards for the humane handling, care, treatment, and transportation of birds covered under the Animal Welfare Act. Additional information about APHIS and its programs is available on the Internet at http://www.aphis.usda.gov. Agricultural Marketing Service Mission: The Agricultural Marketing Service (AMS) provides marketing services to producers, manufacturers, distributors, importers, exporters, and consumers of food products. The AMS also manages the Government's food purchases, supervises food quality grading, maintains food quality standards, and supervises the Federal research and promotion programs. Priorities: AMS would continue work in several areas. The July 3, 2007, interim final rule establishing a Dairy Product Mandatory Reporting Program requires dairy product manufacturers to report to the National Agricultural Statistics Service (NASS) information on price, quantity, and moisture content of products sold. Information must also be reported about the amount of dairy product stored, per statute. AMS has implemented a program to audit information reported to NASS. Provisions of the interim final rule will expire 12 months from the date of publication unless further regulatory action is taken; AMS intends to finalize the rule. Under the August 8, 2007, proposed rule to implement the Livestock Mandatory Reporting Act, AMS would collect information about the marketing of cattle, swine, lambs, and related products. AMS intends to finalize the rule. By statute, country of origin labeling requirements will apply to all covered commodities on September 30, 2008. Covered commodities include beef, lamb and pork, fish and shellfish, perishable agricultural commodities, and peanuts. The intent of this law is to provide consumers with additional information on which to base their purchasing decisions. AMS intends to finalize rulemaking to meet the statutory deadline. AMS Program Rulemaking Pages: All of AMS's rules, published in the Federal Register, are available on the Internet at http:// www.regulations.gov. This site also includes commenting instructions and addresses, links to news releases and background material, and comments received on various rules. Rural Development Mission: Rural Development's mission is to support increased economic opportunities and improved quality of life in rural America. This support is provided through loan, grant and technical assistance for rural housing, [[Page 69758]] community facilities, business and industry, and electric and telecommunication facilities. Priorities: Current priorities include strengthening the regulations for the rural broadband access program to address infrastructure and services deployment issues. Another priority is to consolidate and streamline regulations relating to enhancing delivery of loan guarantees through a unified regulation on common provisions. Forest Service Mission: The mission of the Forest Service is to sustain the health, productivity, and diversity of the Nation's forests and rangelands to meet the needs of present and future generations. This includes protecting and managing National Forest System lands; providing technical and financial assistance to States, communities, and private forest landowners; and developing and providing scientific and technical assistance and scientific exchanges in support of international forest and range conservation. Priorities: The Forest Service's priorities for fall 2007 are to publish a proposed regulation to a proposed rule for National Forest System land management planning, and then adopting a final rule at 36 CFR 219, subpart A. This rulemaking is the result of a U.S. district court order dated March 30, 2007, which enjoined the United States Department of Agriculture from implementation and utilization of the land management planning rule published in 2005 (70 FR1023) until it complies with the court's order regarding the National Environmental Policy Act, the Endangered Species Act, and the Administrative Procedure Act (Citizens for Better Forestry et al. v. USDA, C.A. C05- 1144 (N. D. Cal.)). On January 12, 2001, the Department of Agriculture promulgated the Roadless Area Conservation Rule (RACR) to provide for the conservation and management of approximately 58.5 million acres of inventoried roadless areas within the National Forest System under the principles of the Multiple-Use Sustained-Yield Act of 1960. On July 14, 2003, the U.S. District Court for the District of Wyoming found the 2001 roadless rule to be unlawful and ordered that the rule be permanently enjoined. The State of Idaho and the State of Colorado have petitioned the Secretary pursuant to 5 U.S.C. -553(e) and 7 C.F.R. -1.28 for state- specific rules to replace this national rule in their respective States. The Forest Service is proposing to move existing agency NEPA procedures, required by the Council on Environmental Quality (CEQ) and codified at 40 CFR 1507.3, from the internal Forest Service Environmental Policy and Procedures Handbook (FSH) 1909.15 to the Code of Federal Regulations (CFR) at 36 CFR part 220. New procedures would be added and existing procedures would be revised where clarity is needed to incorporate CEQ guidance and align agency NEPA procedures with agency decision processes. Office of the Chief Economist Mission: The mission of the Office of the Chief Economist (OCE) is to advise the Secretary of Agriculture on the economic implications of USDA policies, programs, and proposed legislation; to ensure the public has consistent, objective, and reliable agricultural forecasts; and to promote effective and efficient rules governing USDA programs. Priorities: The regulatory priority for OCE is to continue implementing the BioPreferred Program (formerly the Federal Biobased Product Preferred Procurement Program) authorized under section 9002 of the 2002 Farm Bill (Public Law 107-171). Included in this priority are proposed and final regulations designating items for preferred Federal procurement. These regulations will assist in the expansion of market opportunities for manufacturers of biobased products, resulting in economic opportunities for American agricultural producers and rural communities. These efforts support USDA's strategic goal ``To enhance the competitiveness and sustainability of rural and farm economies.'' In addition, OCE will look to begin implementation of the BioPreferred labeling program. Once implemented, this program will allow biobased manufacturers to receive a label to be used in the commercial market to distinguish their products as biobased. Aggregate Costs and Benefits Per the amendments to E.O. 12866, we are providing an aggregate estimate of costs and benefits of final regulations included in the Regulatory Plan that will be made effective in calendar year 2008. However, any aggregate estimate of total costs and benefits must be highly qualified. Problems with aggregation arise due to differing baselines, data gaps, and inconsistencies in methodology and the type of regulatory costs and benefits considered. In addition, aggregation omits benefits and costs that cannot be reliably quantified, such as improved health resulting from increased access to more nutritious foods and higher levels of food safety and increased quality of life derived from investments in rural infrastructure. Some benefits and costs associated with rules listed in the Regulatory Plan cannot currently be quantified as the rules are still being formulated. With these caveats noted, USDA anticipates aggregate annual monetized benefits to range from $1.1 billion to $1.5 billion. Aggregate annual monetized costs are anticipated to be approximately $0.5 billion. _______________________________________________________________________ USDA--Agricultural Marketing Service (AMS) ----------- PRERULE STAGE ----------- 1. NATIONAL ORGANIC PROGRAM: ADD STANDARDS FOR THE ORGANIC CERTIFICATION OF WILD CAPTURED AQUATIC ANIMALS (TM-01-08) Priority: Other Significant Legal Authority: 7 USC 6501 through 6522 CFR Citation: 7 CFR 205 Legal Deadline: None Abstract: The Agricultural Marketing Service (AMS) is revising regulations pertaining to labeling of agricultural products as organically produced and handled (7 CFR part 205). The term ``aquatic animal'' will be incorporated in the definition of livestock to establish production and handling standards for operations that capture aquatic animals from the wild. Production standards for operations producing aquatic animals will incorporate requirements for livestock origin, feed ration, health care, living conditions, and recordkeeping. Handling standards for such operations will address prevention of commingling of organically produced commodities and prevention of contact between organically produced and prohibited substances. Statement of Need: This amendment to the National Organic Program is intended to [[Page 69759]] facilitate interstate commerce and marketing of fresh and processed aquatic animals that are organically produced and to assure consumers that such products meet consistent, uniform standards. Also, this amendment will establish national standards for the production and handling of organically produced aquatic animals and products, including a national list of substances approved and prohibited for use in organic production and handling. Summary of Legal Basis: This amendment is proposed under the Organic Foods Production Act of 1990 (OFPA). OFPA includes fish for food in its definition of livestock. Additionally, on April 12, 2003, Congress amended OFPA section 2107 (7 U.S.C. 6506) to authorize certification of wild seafood. Alternatives: AMS is fulfilling a congressional mandate to proceed with rulemaking for the establishment of national standards for the organic production and handling of aquatic animals. Other options are to do nothing or to propose regulations prohibiting the labeling of aquatic animals as organically produced. Neither alternative is viable inasmuch as Congress has amended OFPA to authorize certification of wild seafood. Anticipated Costs and Benefits: Potential benefits to consumers include more information on organic aquatic animals and protection from false and misleading organic claims. This proposal will address the problem of existing certifying agents using different standards. This proposal will also resolve the issue of whether aquatic animals can be labeled as organically produced. The costs of this proposed regulation are the direct costs to comply with the specific standards. USDA-accredited certifying agents potentially will incur additional costs of accreditation should they opt to certify producers and handlers of aquatic animals. New applicants for accreditation to certify producers and handlers of aquatic animals under the National Organic Program will incur fees for accreditation. Producers and handlers of organically produced and handled aquatic animals will incur costs for certification levied by USDA-accredited certifying agents. USDA would not levy any fees on the certified operations. Producers and handlers will face numerous provisions that will regulate their production and handling methods. Retailers would not be directly regulated but would be subject to the same requirements for organic animals and products as they are currently for other foods under the NOP. AMS believes this action will have a minimal impact on retailers. Certified handlers will have to comply with requirements regarding the approved use of labels. The USDA, States operating State programs, and certifying agents will incur costs for enforcement of these new organic standards. Certifying agents, producers, and handlers would incur costs for reporting and recordkeeping. Certifying agents will be required to file reports and documents with the USDA and to maintain records regarding their accreditation and the certification of their clients. Certified operations will be required to develop and annually update an organic system plan and to maintain records regarding their certification and the administration of their operation. Risks: None. Timetable: _______________________________________________________________________ Action Date FR Cite _______________________________________________________________________ ANPRM 08/00/08 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Governmental Jurisdictions Government Levels Affected: Federal, Local, State, Tribal Agency Contact: Mark A. Bradley Associate Deputy Administrator, National Organic Program Department of Agriculture Agricultural Marketing Service Room 4008, South Building 1400 Independence Avenue SW Washington, DC 20250 Phone: 202 720-3252 Fax: 202 205-7808 Email: mark.bradley@usda.gov RIN: 0581-AB97 _______________________________________________________________________ USDA--AMS ----------- FINAL RULE STAGE ----------- 2. MANDATORY COUNTRY OF ORIGIN LABELING OF BEEF, PORK, LAMB, FISH, PERISHABLE AGRICULTURAL COMMODITIES, AND PEANUTS (LS-03-04) Priority: Economically Significant. Major under 5 USC 801. Legal Authority: 7 USC 1621 through 1627, Agricultural Marketing Act of 1946 CFR Citation: 7 CFR 60 Legal Deadline: Final, Statutory, September 30, 2008. Abstract: The Farm Security and Rural Investment Act of 2002 (Farm Bill) (Pub. L. 107-171) and the 2002 Supplemental Appropriations Act (2002 Appropriations) (Pub. L. 107-206) amended the Agricultural Marketing Act of 1946 (Act) (7 U.S.C. 1621 et seq.) to require retailers to notify their customers of the country of origin of covered commodities beginning September 30, 2004. Covered commodities include muscle cuts of beef (including veal), lamb, and pork; ground beef, ground lamb, and ground pork; farm-raised fish and shellfish; wild fish and shellfish; perishable agricultural commodities; and peanuts. The FY 2004 Consolidated Appropriations bill (2004 Appropriations) (Pub. L. 108- 199) delayed implementation of mandatory Country of Origin Labeling (COOL) for all covered commodities except wild and farm-raised fish and shellfish until September 30, 2006. The FY 2006 Agriculture Appropriations Bill further delayed the implementation date for other covered commodities until September 30, 2008. Statement of Need: Under current Federal laws and regulations, country of origin labeling is not universally required for the covered commodities. In particular, labeling of U.S. origin is not mandatory, and labeling of imported products at the consumer level is required only in certain circumstances. This intent of the law is to provide consumers with additional information [[Page 69760]] on which to base their purchasing decisions. Summary of Legal Basis: Section 10816 of Public Law 107-171 amended the Agricultural Marketing Act of 1946 to require retailers to inform consumers of the country of origin for covered commodities beginning September 30, 2004. The 2004 Appropriations delayed the implementation of mandatory COOL for all covered commodities except wild and farm-raised fish and shellfish until September 30, 2006. The FY 2006 Agriculture Appropriations Bill further delayed the implementation date for the other covered commodities until September 30, 2008. Alternatives: The October 30, 2004, proposed rule specifically invited comment on several alternatives including alternative definitions for ``processed food item,'' alternative labeling of mixed origin, and alternatives to using ``slaughtered'' on the label. In addition, the October 5, 2004, interim final rule contained an impact analysis which included an analysis of alternative approaches. The interim final rule also invited comment on several key issues including the definition of a processed food item. Anticipated Costs and Benefits: USDA has examined the economic impact of the rule as required by Executive Order 12866. The estimated benefits associated with this rule are likely to be small. The estimated 1st-year incremental cost for directly affected firms are estimated at $89 million for fish and shellfish only. The estimated cost to the U.S. economy in terms of reduced purchasing power resulting from a loss in productivity after a 10-year period of adjustment are estimated at $6.2 million. A final cost benefit assessment for the other covered commodities will be completed in the final rule. Risks: AMS has not identified any risks at this time. Timetable: _______________________________________________________________________ Action Date FR Cite _______________________________________________________________________ NPRM 10/30/03 68 FR 61944 NPRM Comment Period End 12/29/03 Interim Final Rule 10/05/04 69 FR 59708 Interim Final Rule Comment Period End 01/03/05 Interim Final Rule Effective 04/04/05 Comment Period Extended 11/27/06 71 FR 68431 Comment Period End 02/26/07 Comment Period Extended 06/20/07 72 FR 33851 Comment Period End 08/20/07 Final Action 09/00/08 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: State Federalism: This action may have federalism implications as defined in EO 13132. Additional Information: The U.S. Department of Agriculture issued an interim final rule with request for comments for the labeling of fish and shellfish covered commodities that became effective on April 4, 2005. A final regulatory action for all covered commodities will be issued by September 30, 2008. Agency Contact: Martin O'Connor Chief Department of Agriculture Agricultural Marketing Service 14th & Independence Avenue, SW Washington, DC 20250-6456 Phone: 202 720-4486 Fax: 202 690-4119 Email: cool@usda.gov RIN: 0581-AC26 _______________________________________________________________________ USDA--AMS 3. MANDATORY REPORTING FOR DAIRY PROGRAMS (DA-06-07) Priority: Other Significant Legal Authority: PL 106-532 CFR Citation: 7 USC 1621 through 1677 Legal Deadline: None Abstract: The Agricultural Marketing Service is proposing to establish a Dairy Product Mandatory Reporting Program. The program would: (1) Require persons engaged in manufacturing dairy products to provide the Department of Agriculture certain information including price, quantity, and moisture content of dairy products sold by the manufacturer and (2) require manufacturers and other persons storing dairy products to report to USDA information on the quantity of dairy products stored. Statement of Need: The Department and industry must be confident in the accuracy of dairy product prices and inventories that are reported to the Department. This is especially so, given that the information collected on manufactured dairy products is used by the Secretary to establish minimum prices for Class III and Class IV milk under Federal milk marketing orders. As mandated by the Dairy Market Enhancement Act of 2000 and the Farm Security and Rural Investment Act of 2002, this rule establishes the Dairy Product Mandatory Reporting Program (DMRP). Implementation of this program will result in timely, accurate, and reliable market information to facilitate more informed marketing decisions. Summary of Legal Basis: This program is mandated by the Agricultural Marketing Act of 1946 as amended by the Dairy Market Enhancement Act of 2000 and the Farm Security and Rural Investment Act of 2002. Alternatives: The Agricultural Marketing Service is fulfilling a congressional mandate to proceed with rulemaking to establish the DMRP and to implement a plan to verify the price information submitted by various dairy product manufacturing plants. Several alternatives to this program were initially identified, but were not considered due to the specific language contained in the Dairy Market Enhancement Act of 2000. These alternatives included: (1) the use of non-mandatory surveys, (2) the use of alternative data sources such as the Chicago Mercantile Exchange, and (3) collecting data less frequently. Anticipated Costs and Benefits: Impact on Dairy Farmers It is in the industry's best interest that NASS-reported prices be as accurate as possible for calculating milk prices. Although dairy farmers under the Federal milk marketing order program account for 61 percent (approximately 103 billion pounds of milk in 2004) of U.S. milk production, all U.S. dairy [[Page 69761]] farmers are affected to some degree by the Federal order pricing. Imprecise price information can be costly. For example, a 1 cent per pound error in the May 2005 cheese price would cause a 9.65 cent per hundredweight error in the Class III price and a 3.76 cent per hundredweight error in the all market uniform or blend price (price paid to dairy farmers). Multiplying the price error (3.76 cents) times the quantity of milk marketed in Federal milk marketing order system indicates that either producers would have received $4 million less for their milk in the month of May 2005, than they did, or that manufacturers would have paid $4 million more for milk in May 2005, than they did. Impact on Dairy Manufacturers The cost to the dairy manufacturers and cold storage facilities of completing the survey is assumed to be comparable to the hourly rate of those collecting the data. Manufacturers must submit products prices 52 times a year and it is estimated that each report takes 20 minutes to complete. Cold storage facilities must report their inventories 12 times a year and it is estimated that each report takes 30 minutes to complete. The salary for employees completing the survey is estimated at $22 per hour. Therefore, the annual cost to a manufacturer reporting product prices is estimated at $381.26 and the annual cost to cold storage facilities completing reports is $132. Most manufacturers subject to reporting under the Dairy Product Mandatory Reporting Program already report this information to NASS. Therefore, the incremental cost of implementing the program will be for those manufacturers who do not already report to NASS. When the mandatory reporting program is implemented an additional 25 manufacturing plants will be required to submit product price reports. Therefore, the incremental cost to the industry of implementing the mandatory pricing program is estimated to be $9,531.50. It is estimated that 110 cold storage facilities meet the mandatory reporting requirements. Thus, the annual total incremental cost to cold storage facilities is estimated to be $14,520. The total incremental cost borne by dairy manufacturers and warehouses is approximately $24,000. With respect to total annual costs, the costs to cold storage facilities completing reports is $132 per facility for a total annual cost of $14,520. The cost to manufacturers reporting product prices is estimated at $381.26 per plant for a total annual cost of $37,363. Thus, the total annual cost for submitting information under the mandatory program is $51,883.48. Impact on Government Costs Background: In 2005, NASS collected prices information from 98 plants that were submitted on 71 reports from 60 unique locations. Reports generally are filed via fax with the appropriate State NASS office. Some reports are sent via fax directly to the NASS headquarters office in Washington, DC. Some reports are filed via NASS' electronic data reporting (EDR) system. In all cases, the reports are keyed into NASS' Dairy Product Prices (DPP) system (a SAS) database. The headquarters NASS staffer who is responsible for the published report, queries the DPP to generate various reports. Among these reports is the data listing which has individual report information. For the AMS prices verification program, NASS will generate a report from the data listing matching AMS' requirements. Assumptions for Incremental Cost Estimates: As stated in the preliminary cost-benefit analysis, for the first year of all of the 60 reporting entities will be visited and the information contained in each of the 71 reports will be verified for a specific review period. Sales transaction records for all of the 98 pl