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<DOC>
[June 28, 2004 (Volume 69, Number 123)]
[Unified Agenda]
 [frwais.access.gpo.gov]


[Page 37167-37171]
 
Regulatory Information Service Center


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Part II








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Introduction to the Unified Agenda of Federal Regulatory and 
Deregulatory Actions

Federal Register / Vol. 69, No. 123 / Monday, June 28, 2004 / Unified 
Agenda

Federal Register / Vol. 69, No. 123 / Monday, June 28, 2004 / Unified 
Agenda

[[Page 37167]]





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 describing regulatory actions they are 
developing (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 this publication.

     The following separate parts in this issue of the Federal Register 
are the agency agendas, followed by indexes to the entries. Together, 
these constitute the spring 2004 edition of the semiannual Unified 
Agenda. We welcome your comments on this publication and your 
suggestions for improving future editions.

ADDRESSES:  Regulatory Information Service Center (MI), General 
Services Administration, 1800 F Street NW., Suite 3033, 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: Ronald C. Kelly, Executive Director, Regulatory 
Information Service Center (MI), General Services Administration, 1800 
F Street NW., Suite 3033, 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?..................................   37168
II. Why Is the Unified Agenda Published?........................   37168
III. How Is the Unified Agenda Organized?.......................   37169
IV. What Information Appears for Each Entry?....................   37169
V. Abbreviations................................................   37170
VI. How Can Users Get Copies of the Plan and the Agenda.........   37171

                             AGENCY AGENDAS

                           Cabinet Departments

Department of Agriculture.......................................   37373
Department of Commerce..........................................   37263
Department of Defense...........................................   37357
Department of Education.........................................   37399
Department of Energy............................................   37409
Department of Health and Human Services.........................   37427
Department of Homeland Security.................................   37503
Department of Housing and Urban Development.....................   37623
Department of the Interior......................................   37657
Department of Justice...........................................   37733
Department of Labor.............................................   37787
Department of State.............................................   37835
Department of Transportation....................................   37843
Department of the Treasury......................................   37965
Department of Veterans Affairs..................................   38107

                        Other Executive Agencies

Advisory Council on Historic Preservation.......................   38133
Agency for International Development............................   38135
Architectural and Transportation Barriers Compliance Board......   38139
Commission on Civil Rights......................................   38143
Corporation for National and Community Service..................   38145
Court Services and Offender Supervision Agency for the District    38149
 of Columbia....................................................
Environmental Protection Agency.................................   38153
Equal Employment Opportunity Commission.........................   38323
Federal Mediation and Conciliation Service......................   38327
General Services Administration.................................   38331
National Aeronautics and Space Administration...................   38345
National Archives and Records Administration....................   38355
National Foundation on the Arts and the Humanities
  Institute of Museum and Library Services......................   38363
  National Endowment for the Arts...............................   38367
  National Endowment for the Humanities.........................   38369
National Science Foundation.....................................   38371
Office of Federal Housing Enterprise Oversight..................   38373
Office of Government Ethics.....................................   38377
Office of Management and Budget.................................   38385
Office of Personnel Management..................................   38389
Peace Corps.....................................................   38417
Pension Benefit Guaranty Corporation............................   38421
Presidio Trust..................................................   38425
Railroad Retirement Board.......................................   38427
Selective Service System........................................   38431
Small Business Administration...................................   38433
Social Security Administration..................................   38443

                             Joint Authority

Department of Defense/General Services Administration/National     38463
 Aeronautics and Space Administration (Federal Acquisition
 Regulation)....................................................

                     Independent Regulatory Agencies

Commodity Futures Trading Commission............................   38477
Consumer Product Safety Commission..............................   38483
Farm Credit Administration......................................   38493
Farm Credit System Insurance Corporation........................   38501
Federal Communications Commission...............................   38503
Federal Deposit Insurance Corporation...........................   38561
Federal Energy Regulatory Commission............................   38569
Federal Housing Finance Board...................................   38577
Federal Maritime Commission.....................................   38581
Federal Reserve System..........................................   38587
Federal Trade Commission........................................   38597
National Credit Union Administration............................   38611
National Indian Gaming Commission...............................   38621
Nuclear Regulatory Commission...................................   38627
Securities and Exchange Commission..............................   38643
Surface Transportation Board....................................   38673

                    INDEXES TO UNIFIED AGENDA ENTRIES

A. Regulatory Flexibility Act Section 610 Review Index..........   38677
B. Regulatory Flexibility Analysis Index........................   38679
C. Small Entities Index (Regulatory Flexibility Analysis Not       38689
 Required)......................................................
D. Government Levels Index......................................   38701
E. Federalism Index.............................................   38733
F. Subject Index................................................   38735



[[Page 37168]]


<HEAD>INTRODUCTION TO THE UNIFIED AGENDA OF FEDERAL REGULATORY AND 
DEREGULATORY ACTIONS


<HEAD>I. What Is the Unified Agenda?

     The Unified Agenda provides information, in a uniform format, 
about regulations that the Government is considering or reviewing. The 
Unified Agenda has appeared in the Federal Register twice each year 
since 1983. This edition includes regulatory agendas from 59 Federal 
departments and agencies. Agencies of the United States Congress are 
not included.

     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 
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. The agendas do not contain regulations 
that were excluded under Executive Order 12866, such as those 
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.


<HEAD>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 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 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, 

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