For Use With Fall 2008 RID Form

**REGULATORY INFORMATION SERVICE CENTER**

**INSTRUCTIONS FOR REPORTING REGULATORY ACTIONS IN THE UNIFIED AGENDA**

**WHAT INFORMATION SHOULD AGENCIES INCLUDE IN THE UNIFIED AGENDA?**

Agency regulatory agendas should describe all regulations under
development or review during the 12 months following publication. This
includes, at a minimum, any plans to publish or otherwise implement an
Advance Notice of Proposed Rulemaking, a Notice of Proposed Rulemaking,
or a Final Rule. Agencies may include any plans to conduct a review
pursuant to 5 U.S.C. 610(c) or section 5 of E.O. 12866.

An agency need not include in its regulatory agenda those rulemaking
actions that are excluded by section 3(d) of E.O. 12866 or by the
Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget. In particular, agencies need not
include routine regulations and those that relate to internal agency
management.

If an agenda entry describes an amendment or a review of an existing
regulation, the information provided about the effects of the regulatory
action should apply to the current activity and not to the underlying
regulation.

**REGULATION IDENTIFIER NUMBER (RIN)**

For each of its regulations under development, an agency should obtain a
Regulation Identifier Number (RIN). This number will be used to track
regulations in the Unified Agenda. The same RIN is used at every stage
of the rulemaking proceeding. You will also need a RIN when you submit a
regulation to OMB for review. Do not request RINs for activities that
are not related to specific rulemaking proceedings such as advisory
committee meetings.

**TITLE OF REGULATION**

Use a brief description that will inform readers of the subject of the
regulation. Avoid titles like \"Revision of Section 286,\" which do not
communicate the subject matter. Also, avoid mentioning in the title
specific stages in the rulemaking process. For example, a title like
\"Hazard Communication\" is preferable to \"Proposed Rule on Hazard
Communication,\" because you can use the same title throughout the
entire rulemaking proceeding.

**[Regulatory Flexibility Act Section 610 Review]{.smallcaps}.** If the
regulatory action is a planned or current review of an existing
regulation under section 610(c) of the Regulatory Flexibility Act,
specify Section 610 Review, Completion of a Section 610 Review, or
Rulemaking Resulting From a Section 610 Review.

**REGULATORY PLAN**

If you are entering data for a fall edition, indicate whether each
action is a Regulatory Plan entry. For a spring edition, new entries
have the answer \"No\" and repeating entries have the same answer as in
the previous fall's edition.

**PRIORITY**

For each entry, select one of the five categories to indicate its
priority. The priority of each Regulatory Plan entry must be either
Economically Significant or Other Significant. Also, actions designated
as \"major\" should have a priority of Economically Significant or Other
Significant.

ECONOMICALLY SIGNIFICANT

> A rulemaking action that will have an annual effect on the economy of
> \$100 million or more or will adversely affect in a material way the
> economy; a sector of the economy; productivity; competition; jobs; the
> environment; public health or safety; or State, local, or tribal
> governments or communities. All Economically Significant rulemaking
> actions should appear in an agency\'s regulatory plan.

OTHER SIGNIFICANT

> A rulemaking action that is not Economically Significant that the
> agency anticipates will be reviewed under E.O. 12866. Also, a
> rulemaking that is not Economically Significant and will not be
> reviewed under E.O. 12866, but is considered important by the agency
> and a priority of the agency head. These rules may be included in the
> agency\'s regulatory plan.

SUBSTANTIVE, NONSIGNIFICANT

> A rulemaking action that has substantive impact but the magnitude of
> the impact is less than significant. These rulemaking actions are not
> Economically Significant, will not be reviewed under E.O. 12866, and
> are not, at present, an agency priority.

ROUTINE AND FREQUENT

> A rulemaking action that is a specific case of a multiple recurring
> application of a regulatory program in the Code of Federal Regulations
> and that does not alter the body of the regulation.

INFORMATIONAL/ADMINISTRATIVE/OTHER

> A rulemaking action that is primarily informational or pertains to
> agency matters not central to accomplishing the agency\'s regulatory
> mandate but that the agency places in the Agenda to inform the public
> of the activity.

**[Unfunded Mandates]{.smallcaps}.** Indicate whether this rule is
covered under section 202 of the Unfunded Mandates Reform Act (P.L.
104-4) because it includes a Federal mandate that may result in the
expenditure by State, local, and tribal governments, in the aggregate,
or by the private sector of \$100 million or more in any one year. If
you answer \"Yes\" to this question, you must indicate which category or
categories may be affected.

**[Major]{.smallcaps}.** Indicate whether this rule is considered
\"major\" and therefore subject to the 60-day deferral requirement under
5 U.S.C. 801, enacted by P.L. 104-121, because it has resulted or is
likely to result in an annual effect on the economy of \$100 million or
more, or meets other criteria specified in that Act.

**LEGAL AUTHORITY**

Provide the citation(s) of the legal authority for the regulatory
action. For statutes, cite the United States Code (USC) whenever
possible. If a law is not yet codified, cite the Public Law number and
section, not the Statutes at Large. You may enter the popular name of a
law after its USC or PL citation (for example: 29 USC 206(d), Equal Pay
Act of 1963). Enter citations using the following formats. You should
omit all periods from your citations.

**To cite: Write the following:**

42 U.S.C. 1302 and 1395 42 USC 1302

42 USC 1395

20 U.S.C. 1411-20 20 USC 1411 to 1420

15 U.S.C. 78(c)-(hh) 15 USC 78(c) to 78(hh)

12 U.S.C. 1701 et seq. 12 USC 1701 et seq

Public Law 91-190,section 203 PL 91-190, sec 203

Executive Order 12866 EO 12866

If the legal authority is \"not yet determined,\" check the appropriate
box. If you choose to list only some of the applicable citations, you
may check the box that indicates there are more citations. In this case,
the printed Agenda will contain an ellipsis (\...) at the end of the
list of citations.

**CFR CITATION**

Provide the citation(s) of the CFR section(s) that will be affected by
the regulatory action. Do not cite to the chapter or subchapter and do
not include the words \"part\" or \"section\" in your citation. Do not
combine citations to more than one part or section unless they are
numbered consecutively. If you wish to indicate \"New\" or \"Revision,\"
do so in parentheses after the citation.

**To cite: Write the following:**

42 CFR parts 121 and 123 42 CFR 121

42 CFR 123

13 CFR section 120.2(d)(4) 13 CFR 120.2(d)(4)

42 CFR parts 121-135 42 CFR 121 to 135

Revision to 42 CFR 121 42 CFR 121 (Revision)

If the CFR citation is \"not yet determined\" or if there will be no CFR
citation, check the appropriate box. If you choose to list only some of
the applicable citations, you may check the box that indicates there are
more citations. In this case, the printed Agenda will contain an
ellipsis (\...) at the end of the list of citations.

**LEGAL DEADLINE**

Indicate if your entry has any legal deadlines and, if so, whether they
pertain to an NPRM, Final Action, or some \"Other\" action. Also
indicate whether deadlines are statutory or judicial and give the date
of each. For \"Other\" deadlines and those without specified dates, you
must describe the nature of the deadline. You may include other
information about legal deadlines under \"Overall Description.\"

**ABSTRACT**

Briefly summarize the regulatory action. Provide enough information to
distinguish it from other similar regulatory actions.

**REGULATORY PLAN DESCRIPTIONS**

If you are submitting data for a Regulatory Plan entry in a fall
edition, you will have access to the following additional fields:
Statement of Need, Summary of the Legal Basis, Alternatives, Anticipated
Costs and Benefits, and Risks. See the attachments to the OMB guidance
memorandum for a discussion of the content of each of these topics. You
must enter text for at least the Statement of Need and the Anticipated
Costs and Benefits.

**TIMETABLE**

Give the history and future schedule for agency actions.

**[Next Action]{.smallcaps}.** For a spring agenda, the next action for
an entry is the first step the agency will take in April or later. For a
fall agenda, the next action for an entry is the first step in October
or later. The timetable of every entry, other than a completed action,
must include either a next action with a date or the designation \"Next
Action Undetermined.\"

**[Dates]{.smallcaps}.** For past steps in developing the regulation,
give the actual date of publication in the *Federal Register* and the
citation (FR volume and page number). You do not need to repeat an FR
citation for \"comment period end\" or \"final action effective\" unless
the citation is different from the associated rulemaking action\'s
citation. For future steps, give the anticipated month and year (for
example, 06/00/2009). If you know what the next action will be but have
no estimated future date for that action, record \"00/00/0000\" in the
date column. Record all dates using 8 digits separated by slashes. If
you enter a year, then you must indicate a month as well. Do not enter a
date like 00/00/2009.

**[Stage]{.smallcaps}.** Entries in an agency\'s agenda are arranged
according to the stage of the rulemaking proceeding: Prerule, Proposed
Rule, Final Rule, Long-Term, or Completed Action. The stage is
determined from the next action.

If the next action is undetermined, 00/00/0000, or will occur more than
12 months after publication of the Agenda, the entry will appear in the
Long-Term Actions section of the Agenda.

If the agency has completed its current work on the regulation, you
should indicate this in the Timetable by checking the completion box on
the line that shows what the agency did to complete its work (for
example, Final Action or Withdrawn). Enter the date of that action and
the *Federal Register* citation, if any. Note that completion means the
agency has terminated the rulemaking proceeding, not merely that it has
published a rulemaking document. Completed entries will not appear in
subsequent Agendas.

**REGULATORY FLEXIBILITY ANALYSIS AND EFFECTS ON SMALL ENTITIES**

Indicate if an analysis is required by the Regulatory Flexibility Act
because this rulemaking is likely to have a significant economic impact
on a substantial number of small entities as defined by the Act (5
U.S.C. 601(6)). \"Undetermined\" is a permissible response if the action
is at the prerule or proposed rule stage. By the final rule stage, the
agency should have made a determination. If you check \"Yes,\" also
identify the specific entities that may be affected. If the agency is
reporting that it has completed an entry by taking some regulatory
action (i.e., not withdrawing it), then you must indicate a
determination.

**[Optional Question]{.smallcaps}.** If your answer to the Regulatory
Flexibility Analysis question is \"No\" or \"Undetermined,\" you may
choose to indicate whether some impact on small entities is likely. To
do this, answer \"Yes\" or \"No\" under \"Small Entities Affected.\" If
you answer \"Yes,\" also identify the specific entities that may be
affected.

**EFFECTS ON LEVELS OF GOVERNMENT**

Indicate if this action is expected to affect levels of government. If
you check \"Yes,\" also identify the specific levels of government that
may be affected. \"Undetermined\" is permissible if the action is at an
early stage of the rulemaking process. If the agency is reporting that
it has completed the entry by taking some regulatory action (i.e., not
withdrawing it), then you must indicate a determination.

**FEDERALISM IMPLICATIONS**

Indicate if this action has "federalism implications" as defined in
Executive Order 13132. This term refers to actions "that have

substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government."
\"Undetermined\" is permissible if the action is at the prerule or
proposed rule stage. By the final rule stage, the agency should have
made a determination. If the agency is reporting that it has completed
an entry by taking some regulatory action (i.e., not withdrawing it),
then you must indicate a determination. (Independent regulatory agencies
are not required to answer this question.)

**ENERGY EFFECTS (Optional)**

Indicate whether the agency has prepared or plans to prepare a Statement
of Energy Effects as required by Executive Order 13211.

**INTERNATIONAL IMPACTS**

Indicate whether the regulatory action is expected to have international
trade and investment effects, or otherwise may be of interest to the
Nation's international trading partners.

**AGENCY CONTACT**

Provide the name, title, address, and telephone number of someone whom
the public may contact for further information about this action. You
may also enter a fax number, TDD telephone number, and e-mail address,
if they are available and you wish to provide them to the public. You
may provide information for more than one person.

**URLs (Optional)**

You may enter the URL of a Web site with more information about a
rulemaking. You may also enter the URL of a Web site for public comments
on a rulemaking.

**ADDITIONAL INFORMATION (Optional)**

You may provide additional information about the entry that the agency
wants to include in its agenda. Include in this field any information
about analyses or procurement that you wish to report.

**AGENCY SORT CODES (Optional)**

Agencies can assign codes (previously called subject codes) to establish
the order in which entries will appear within the five stages printed in
the Agenda (Prerule, Proposed Rule, Final Rule, Long-Term, and Completed
Actions). Contact RISC if you wish to create a new set of codes for your
agency.

**COMPLIANCE COST TO THE PUBLIC (Optional)**

Estimates should be gross compliance cost, not net cost that includes
benefits to the public.

1\. Estimate initial (administrative startup and/or capital) cost;

2\. Estimate the yearly recurring (annual operating) cost that your
regulation could impose; and

3\. Record the base year you used to calculate your dollar estimates.

Use only numerals for dollar figures; do not separate numbers by commas.
You may record a negative cost, a figure preceded by a minus sign (-),
to indicate a savings.

**AFFECTED SECTORS (Optional)**

You may enter codes from the North American Industry Classification
System (NAICS) to indicate the industrial sectors that may be most
affected, either directly or indirectly, by the action. You may indicate
both the sectors that could benefit from the regulation and those that
could bear a cost. Contact RISC for instructions if you wish to use
NAICS codes.

**RELATED RINS (Optional)**

You may enter one or more past or current RINs associated with a
rulemaking and specify how they are related, for example, merged RINs,
split RINs, new activity for previously completed RINs, or duplicate
RINs.

**RELATED AGENCIES (Optional)**

You may enter one or more other agencies participating in the
rulemaking. Indicate whether the rule is a joint or common rule.

**FOR ADDITIONAL INFORMATION CONTACT:**

**REGULATORY INFORMATION SERVICE CENTER**

**General Services Administration**

**1800 F Street NW., Suite 3039, Washington, DC 20405**

**Voice: (202) 482-7340 Fax: (202) 482-7360**

##  E-mail: RISC@gsa.gov