Regulatory Review
Delay of Effective Dates of Final Rules Subject to Administration's January 20, 2001, Memorandum Gao ID: GAO-02-370R February 15, 2002Citing the desire to "ensure that the President's appointees have the opportunity to review any new or pending regulations," the White House Chief of Staff Andrew H. Card, Jr. sent a memorandum to the heads of all executive agencies on January 20, 2001, directing them to (1) not send proposed or final regulations to the Office of the Federal Register, (2) withdraw regulations that had been sent to the Office but not yet published in the Federal Register, and (3) postpone for 60 days the effective date of regulations that had been published in the Federal Register but had not yet taken effect. GAO found that federal agencies delayed the effective dates for 90 of the 371 final rules that were subject to the memorandum. The effective dates for the remaining 281 rules were either not delayed or GAO could find no indication in the Federal Register of a delay.
GAO-02-370R, Regulatory Review: Delay of Effective Dates of Final Rules Subject to Administration's January 20, 2001, Memorandum
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GAO-02-370R:
United States General Accounting Office:
Washington, DC 20548:
February 15, 2002:
The Honorable Henry A. Waxman:
Ranking Minority Member:
Committee on Government Reform:
House of Representatives:
The Honorable Joseph I. Lieberman: Chairman:
Committee on Governmental Affairs:
United States Senate:
Subject: Regulatory Review: Delay of Effective Dates of Final Rules
Subject to the Administration's January 20, 2001, Memorandum:
At the start of the Bush administration, as in other recent new
administrations, there were hundreds of federal regulations at various
stages of the rulemaking process.[Footnote 1] Some were about to be
sent to the Office of the Federal Register (OFR) for publication in
the Federal Register, some had been sent to OFR but had not been
published, and others had been published in the Federal Register but
had not taken effect. Citing the desire to "ensure that the
President's appointees have the opportunity to review any new or
pending regulations," on January 20, 2001, Assistant to the President
and Chief of Staff Andrew H. Card, Jr. sent a memorandum (Card
memorandum) to the heads and acting heads of all executive departments
and agencies generally directing them to (1) not send proposed or
final regulations to OFR, (2) withdraw from OFR regulations that had
been sent to the Office but not yet published in the Federal Register,
and (3) postpone for 60 days the effective date of regulations that
had been published in the Federal Register but had not yet taken
effect. The Card memorandum instructed the officials to exclude any
regulations that were promulgated pursuant to statutory or judicial
deadlines, and to identify any such exclusions to the Director of the
Office of Management Budget (OMB). It also said that agencies should
notify the OMB Director of any regulations that should be excluded
because they "impact critical health and safety functions of the
agency," and that the Director would determine whether the exception
was appropriate. Although the Card memorandum did not expressly cover
independent regulatory agencies, it said that those agencies were
"encouraged to participate voluntarily in this review."[Footnote 2]
You asked that we examine the implementation of the part of the Card
memorandum that directed agencies to delay the effective dates of
published regulations. Our specific objectives were to (1) identify
and characterize the rules subject to the memorandum whose effective
dates were delayed, and (2) determine what had happened to each of
those delayed rules as of the 1-year anniversary of the Card
memorandum and identify any anticipated future actions regarding these
rules. You also asked us to identify which rules the agencies
indicated should not be delayed because they "impact critical health
and safety functions of the agency," and which of those rules OMB
considered appropriate to exclude from the Card memorandum's
requirements. However, officials in OMB's Office of Information and
Regulatory Affairs (OIRA) told us that the agencies' requests for
exemptions were made informally, and OMB's responses to those requests
were also informal. Because of this lack of documentation, and because
of the amount of time required to interview officials in each of the
agencies that published regulations during this period, this objective
was agreed with your offices to be beyond the scope of our review.
We primarily used a database that GAO developed pursuant to the
Congressional Review Act portion of the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 801 et seq.) to identify the rules
that were subject to the memorandum's requirements.[Footnote 3] We
reviewed the Federal Register and other publications to identify the
covered rules that were delayed and what eventually happened to each
of those rules. However, we cannot be sure that we identified all
subsequent rulemaking activity for all of the rules because agencies
sometimes use different identifiers for related rules in their Federal
Register documents. We sent a draft of this report to the Director of
OMB for review and comment. OMB officials said they had no comment on
the report. We did our work from December 2001 through January 2002 in
accordance with generally accepted government auditing standards.
Results in Brief:
Our review of readily available documentation indicated that federal
agencies delayed the effective dates for 90 of the 371 final rules
that were subject to the Card memorandum. The effective dates for the
remaining 281 rules were either not delayed or we could find no
indication in the Federal Register of a delay. The Departments of
Health and Human Services (MIS), Transportation (DOT), and Agriculture
(USDA), and the Environmental Protection Agency (EPA) delayed more
than half of the 90 rules. The agencies considered 65 of the 90
delayed rules to be substantive in nature, and considered 12 to be
"major" rules (e.g., rules with at least a $100 million impact on the
economy).
As of the 1-year anniversary of the Card memorandum, 67 of the 90
delayed rules were postponed for one 60-day period and then appeared
to have taken effect. Eight other rules were delayed for more than 60
days but appeared to have taken effect. The 15 remaining delayed rules
had not taken effect by January 20, 2002.
Although most of the delayed rules had not been changed by the 1-year
anniversary of the Card memorandum, one had been withdrawn, three had
been withdrawn and replaced by new rules, and nine others had been
altered in some way (e.g., changing the implementation date or
modifying a reporting requirement). The agencies indicated that other
rules might be changed in the future, and OIRA has placed five of the
delayed rules on a list for "high priority" review. The agencies
generally did not provide the public with a prior opportunity to
comment on the delays in effective dates or rule changes, frequently
indicating that notice and comment procedures were either not
applicable, impracticable, or were contrary to the public interest.
Background:
The basic process by which federal agencies develop and issue
regulations is delineated in the Administrative Procedure Act (APA), 5
U.S.C. 553. The APA generally requires agencies to (1) publish a
notice of proposed rulemaking in the Federal Register; (2) allow
interested parties an opportunity to participate in the rulemaking
process by providing "written data, views, or arguments;" and (3)
publish a final rule 30 days before it becomes effective. However, the
APA allows agencies to issue rules without a proposed rule in certain
cases, such as when the agency is issuing a rule of agency
organization, procedure, or practice, or when the agency determines
for "good cause" that notice and comment procedures are
"impracticable, unnecessary, or contrary to the public interest."
[Footnote 4] The effective date of a final rule is a substantive
provision of a rule and any change or suspension of the effective date
may only be accomplished through additional rulemaking; this action
can follow either the three-step notice and comment process or, if
appropriate, the more abbreviated process without a proposed rule.
Ninety of the 371 Rules Subject to the Card Memorandum Were Delayed:
The Card memorandum was issued on the afternoon of Saturday, January
20, 2001, and instructed agencies to delay the effective dates for
rules "that have been published" but had not taken effect. According
to an OFR official, the rules published in the Federal Register on
Monday, January 22, 2001, were printed on the evening of Friday,
January 19, 2001, and the morning of January 20, 2001. Therefore, she
said, rules published on January 22, 2001, should be counted as
"published" by the time the Card memorandum was issued. As a result,
for purposes of the coverage of this portion of the Card memorandum,
we include any final rule that was published on or before January 22,
2001, and that was scheduled to take effect after January 20, 2001.
According to the GAO rules database, 371 final rules met those
criteria and were potentially subject to the Card memorandum. (This
total includes rules published by independent regulatory agencies that
were invited, but not required, to postpone the effective dates of
their rules.) As table 1 shows, DOT published the largest number of
these rules (132 rules), followed by EPA (60 rules) and III-IS (29
rules).
Table 1: About Three-Quarters of Final Rules Subject to the Card
Memorandum Were Not Delayed:
Department/agency: Agriculture;
Number of rules subject to the Card memo that were delayed: 10;
Number of rules subject to the Card that memo were not delayed: 6;
Total: 16.
Department/agency: Commerce;
Number of rules subject to the Card memo that were delayed: 2;
Number of rules subject to the Card that memo were not delayed: 12;
Total: 14.
Department/agency: Education;
Number of rules subject to the Card memo that were delayed: 3;
Number of rules subject to the Card that memo were not delayed: 10;
Total: 13.
Department/agency: Energy;
Number of rules subject to the Card memo that were delayed: 8;
Number of rules subject to the Card that memo were not delayed: 6;
Total: 14.
Department/agency: Health and Human Services;
Number of rules subject to the Card memo that were delayed: 16;
Number of rules subject to the Card that memo were not delayed: 13;
Total: 29.
Department/agency: Housing and Urban Development;
Number of rules subject to the Card memo that were delayed: 4;
Number of rules subject to the Card that memo were not delayed: 1;
Total: 5.
Department/agency: Interior;
Number of rules subject to the Card memo that were delayed: 6;
Number of rules subject to the Card that memo were not delayed: 2;
Total: 8.
Department/agency: Justice;
Number of rules subject to the Card memo that were delayed: 4;
Number of rules subject to the Card that memo were not delayed: 4;
Total: 8.
Department/agency: Labor;
Number of rules subject to the Card memo that were delayed: 5;
Number of rules subject to the Card that memo were not delayed: 3;
Total: 8.
Department/agency: Transportation;
Number of rules subject to the Card memo that were delayed: 15;
Number of rules subject to the Card that memo were not delayed: 117;
Total: 132.
Department/agency: Treasury;
Number of rules subject to the Card memo that were delayed: 0;
Number of rules subject to the Card that memo were not delayed: 12;
Total: 12.
Department/agency: Environmental Protection Agency;
Number of rules subject to the Card memo that were delayed: 8;
Number of rules subject to the Card that memo were not delayed: 52;
Total: 60.
Department/agency: Federal Communications Commission;
Number of rules subject to the Card memo that were delayed: 0;
Number of rules subject to the Card that memo were not delayed: 17;
Total: 17.
Department/agency: Nuclear Regulatory Commission;
Number of rules subject to the Card memo that were delayed: 0;
Number of rules subject to the Card that memo were not delayed: 8;
Total: 8.
Department/agency: Securities and Exchange Commission;
Number of rules subject to the Card memo that were delayed: 0;
Number of rules subject to the Card that memo were not delayed: 5;
Total: 5.
Department/agency: Other;
Number of rules subject to the Card memo that were delayed: 9;
Number of rules subject to the Card that memo were not delayed: 13;
Total: 22.
Department/agency: Total;
Number of rules subject to the Card memo that were delayed: 90;
Number of rules subject to the Card that memo were not delayed: 281;
Total: 371.
Source: GAO rules database and GAO analysis of Federal Register
publications.
Note: The "not delayed" column includes final rules for which there
was no evidence of their effective dates having been delayed. The
"other" agencies that published rules that were delayed were the
Office of Personnel Management (two rules), the Small Business
Administration (one rule), the Social Security Administration (one
rule), and the Corporation for National and Community Service (one
rule). Four delayed rules were jointly issued (e.g., the Department of
Defense and EPA).
[End of table]
As table 1 also shows, federal agencies did not delay the effective
dates for 281 (about 75 percent) of the 371 rules. The agencies
published documents in the Federal Register that explained why some of
the rules' effective dates were not being changed. For example, DOT
published a notice in the Federal Register explaining that four of its
rules had effective dates far enough in advance (one not until May
2003) that the intent of the Card memorandum could be met without
extending those dates[Footnote 5] Also, 30 of the 281 rules that were
not delayed were issued by independent regulatory agencies (the
Federal Communications Commission, the Nuclear Regulatory Commission,
and the Securities and Exchange Commission) that were not required to
extend the effective dates of their rules.
OIRA officials told us that they, the agencies, and the White House
agreed shortly after the Card memorandum was issued that certain types
of numerous and noncontroversial rules (e.g., air worthiness
directives issued by the Federal Aviation Administration and bridge
opening schedules published by the Coast Guard) should be allowed to
take effect as scheduled. Therefore, for the bulk of the rules that
were not delayed, there were no subsequent Federal Register
publications or other apparent explanations of why the rules were
unaffected by the Card memorandum. In addition, OMB's 2001 report on
the costs and benefits of regulations provides several examples of
specific rules subject to the Card memorandum that appointees of the
Bush administration reviewed and that were not delayed.[Footnote 6]
Those rules included the following:
* EPA's January 18, 2001, final rule on diesel fuel sulfur control,
which went into effect on its originally scheduled effective date of
March 19, 2001.[Footnote 7]
* The Department of Labor's January 18, 2001, final rule on the
Service Contract Act, which went into effect on its originally
scheduled effective date of March 19, 2001.[Footnote 8]
* HHS's January 19, 2001, final rule on registration and listing of
human cellular and tissue-based products, which went into effect as
scheduled on April 4, 2001.[Footnote 9]
OIRA officials said that because appointees from the Bush
administration were consulted with regard to both these specific rules
and the previously mentioned categories of rules, the intent of the
Card memorandum was satisfied.
Characteristics of Delayed Rules:
MIS, DOT, USDA, and EPA published more than half of the 90 rules
covered by the Card memorandum that were delayed. (See app. I for
details on each of these 90 rules.) The agencies identified 65 of the
90 delayed rules as "significant or substantive" in nature (i.e., more
than just routine or administrative actions), and they considered 12
of those rules "major" under the Congressional Review Act.[Footnote 10]
The issuing agencies specifically cited the Card memorandum as the
reason for the delays in most of the 90 rules. In the remaining rules,
the agencies cited other reasons for delaying the effective dates, as
the following examples illustrate.
* The agencies issuing two of these rules indicated that they were
being delayed because of requirements in the Congressional Review Act.
[Footnote 11] The agencies did not submit the rules to Congress until
weeks after they were published in the Federal Register, thereby
necessitating a 60-day delay from when the rules were finally
submitted.
* The Agricultural Marketing Service within USDA said that its rule on
"livestock mandatory reporting" was delayed because the agency needed
additional time to test an electronic system used to collect required
reports and to ensure that all program requirements and objectives
would be met.[Footnote 12]
* The Occupational Safety and Health Administration (OSHA) within the
Department of Labor said that its rule on "safety standards for steel
erection" was delayed because employers had questions about the
standard and their ability to comply with it by the original effective
date.[Footnote 13]
* The National Highway Traffic Safety Administration (NHTSA) within
DOT said that a delay of its rule on "school bus body joint strength"
was necessary because the agency was in the process of completing the
review of petitions for reconsideration of the rule.[Footnote 14]
All of the initial delays in which the agencies cited the Card
memorandum as the reason for the delay were for the prescribed 60-day
period. However, the initial delays that were unrelated to the Card
memorandum were sometimes for much longer periods. For example, NHTSA
initially delayed the effective date for its rule on school bus body
joint strength for 1 year. The Food and Drug Administration (FDA)
within HHS initially delayed its rule on "aluminum in large and small
volume parenterals" for 2 years.[Footnote 15] The effective dates for
four other rules were initially delayed for between 6 and 8 months.
[Footnote 16]
The agencies did not provide the public with a prior opportunity to
comment on any of these initial delays. The agencies generally cited
two statutory exceptions for why notice and comment procedures were
not followed: (1) the actions constituted a rule of procedure under
the APA (and were therefore exempt from the APA's requirements) and;
(2) there was "good cause" to avoid notice and comment requirements
because seeking public comments on the 60-day delays was impractical,
unnecessary, and/or contrary to the public interest.
Most Delayed Rules Became Effective Within 60 Days, But Some Were
Modified or Withdrawn:
As table 2 shows, of the 90 rules subject to the Card memorandum whose
effective dates were delayed, 75 appeared to have gone into effect by
January 20, 2002.[Footnote 17] Of these, 67 rules were delayed for a
single 60-day period or less while 8 were delayed more than 60 days (3
were delayed once and 5 were delayed more than once).
Table 2: Most Delayed Rules Appeared to Have Taken Effect by January
20, 2002:
Disposition of rules as of January 20, 2002: Went into effect;
One-time delay of 60 days or less: 67;
One-time delay of more than 60 days: 3;
Multiple delays totaling more than 60 days: 5;
Total number of rules: 75.
Disposition of rules as of January 20, 2002: Did not go into effect;
One-time delay of 60 days or less: 1;
One-time delay of more than 60 days: 3;
Multiple delays totaling more than 60 days: 11;
Total number of rules: 15.
Disposition of rules as of January 20, 2002: Total number of rules;
One-time delay of 60 days or less: 68;
One-time delay of more than 60 days: 6;
Multiple delays totaling more than 60 days: 16;
Total number of rules: 90.
Source: GAO analysis of Federal Register publications.
[End of table]
Table 2 also shows that 15 of the rules subject to the Card memorandum
whose effective dates were delayed had not taken effect by January 20,
2002, as explained in the following examples.
* Pursuant to the Card memorandum, EPA initially delayed the effective
date of the agency's January 22, 2001, rule on arsenic in drinking
water from March 23, 2001, until May 22, 2001. On April 23, 2001, EPA
proposed extending the effective date until February 22, 2002, "to
reassess the scientific and cost issues associated with this rule and
to seek further public input on each of these issues." On May 22,
2001, EPA published a final rule that confirmed the delay in the
effective date.[Footnote 18]
* On May 10, 2001, (2 days before the end of its Card-related delay)
the Idaho District Court granted a preliminary injunction enjoining
the Forest Service from implementing all aspects of the agency's
January 12, 2001, "roadless area conservation" rule.[Footnote 19]
Since then, the agency has taken several related administrative
actions but has otherwise not implemented the rule.
* On April 20, 2001, the Department of Energy (DOE) delayed the
effective date of its January 22, 2001, rule on energy conservation
standards for consumer central air conditioners and heat pumps
indefinitely pending a court decision regarding a petition for
judicial review.[Footnote 20] On July 25, 2001, DOE published a
supplemental proposed rule and a proposed withdrawal of the original
rule. The department said it was reopening the rulemaking record
because litigation seemed inevitable. On September 27, 2001, DOE
published a proposed rule that extended the comment period to October
19, 2001.
* On July 5, 2001, the Mine Safety and Health Administration (MSHA)
announced that one part of its rule on "diesel particulate matter
exposure for metal and nonmetal miners" would not take effect until
disposition of litigation challenging the rule.[Footnote 21] On the
same day, MSHA published a proposed rule that gave notice of the
agency's intent to revise two provisions in the rule and requested
comments from the mining industry.
* On November 23, 2001, the Federal Aviation Administration (FAA)
within DOT delayed the effective date of its "service difficulty
reports" rule until January 16, 2003.[Footnote 22] FAA said the action
was "prompted by concerns the aviation industry raised about the
reporting requirements in the final rule and the FAA's decision to
issue a notice of proposed rulemaking (NPRM) to address these
concerns."
* On December 5, 2001, FAA extended the effective date for portions of
its rule on the Grand Canyon National Park "special flight rules area"
until February 20, 2003.[Footnote 23] FAA said it did so because it
was working on proposed changes to the rule.
Table 2 also shows that 16 of the rules were delayed more than once-5
that had gone into effect as of January 20, 2002, and 11 that had not
gone into effect. For all but two of these rules, the agencies
announced the additional delays without providing the public with a
prior opportunity to comment, again generally citing the APA's rule of
procedure and/or good cause exceptions.
Delayed Rules That Were Modified or Withdrawn:
As of January 20, 2002, most of the 90 delayed rules had not been
changed since their publication as a final rule. However, one of the
rules had been withdrawn by the issuing agency and had not been
replaced. On November 9, 2001, the Bureau of Indian Affairs within the
Department of the Interior published a "withdrawal of final rule"
action in the Federal Register that withdrew the agency's January 16,
2001, rule on "procedures used by Indian tribes and individuals to
acquire title to land in trust."[Footnote 24] The agency said it
withdrew the rule to address "specific areas of concern in a new
rule," and said the withdrawal was effective immediately.
Three other delayed rules were withdrawn by the agency but were
replaced with new rules. A description of those rules and the post-
Card memorandum actions withdrawing and replacing them follows.
* On July 6, 2001, HHS published a notice of proposed rulemaking
seeking comments on three changes to its January 17, 2001, rule on
"protection of human research subjects." On November 13, 2001, HHS
published a final rule that withdrew and replaced the original
rule."[Footnote 25] The Department said the new rule, among other
things, clarified provisions for paternal consent when research is
conducted involving fetuses and clarifies language that applies to
research on newborns of uncertain viability. The new rule took effect
on December 13, 2001.
* On July 5, 2001, CMS proposed an amendment to its January 18, 2001,
rule on "anesthesia services," allowing states to opt out of the
physician supervision requirement. On November 13, 2001, CMS withdrew
the original rule and made the proposed amendment final, effective on
that date.[Footnote 26] The agency said the change in the rule would
give states the flexibility to improve access and address safety
issues.
* On April 23, 2001, the Small Business Administration (SBA) published
a proposed withdrawal of its January 22, 2001, rule on the "new
markets venture capital program" and proposed new regulations to
implement the program. On May 23, 2001, SBA published a final rule
that withdrew and made the new regulations final.[Footnote 27] The
agency said it was implementing the new regulations instead of the
original rule because there were substantive changes made to the
program based on the administration's review.
In all four of the actions withdrawing the rules, the agencies first
published a proposed rule and invited the public to comment on the
withdrawal before taking final action. The four rules in existence at
the time of the Card memorandum did not go into effect, but all three
of the replacement rules had become effective by January 20, 2002.
Nine other delayed rules had been changed in some way but not
withdrawn by January 20, 2002, as the following examples illustrate.
* On May 22, 2001, CMS published an interim final rule that clarified
what facilities were subject to the requirements in the agency's rule
on the use of restraint and seclusion in residential treatment
facilities providing inpatient psychiatric services to individuals
under the age of 21.[Footnote 28] The action also modified the rule's
reporting requirements and amended staffing requirements.
* On May 31, 2001, the Federal Railroad Administration (FRA) within
DOT published a final rule that delayed the compliance date for one of
the requirements in its January 17, 2001, "end of train devices" rule
until "a future date to be specified."[Footnote 29] FRA said it did so
in response to a petition from the Association of American Railroads.
Later, on August 1, 2001, FRA published a final rule that
clarified and amended the maintenance and testing requirements in the
rule.[Footnote 30] FRA said it did so in response to another petition
for reconsideration, and that it would respond to other petitions in
the near future.
* On October 18, 2001, the Food and Nutrition Service within the
Department of Agriculture published a final rule delaying the
implementation date of its December 29, 2000, "supplemental nutrition
program for women, infants and children" from February 27, 2002, until
October 1, 2002.[Footnote 31] In an earlier rule proposing this delay,
the agency said the action was "necessary to provide State agencies
additional time to implement the rule, to promote more effective and
efficient implementation of the new requirements, and because the new
implementation date corresponds with the beginning of the Federal
fiscal year."
* On December 3, 2001, NHTSA published a final rule that made
clarifying amendments regarding the application of its rule on
electrolyte spillage and electrical shock protection.[Footnote 32]
NHTSA said it did so in response to petitions for reconsideration of
the rule.
* On December 13, 2001, NHTSA published a final rule that made various
changes and clarifications to the agency's November 5, 1998, rule on
school bus body joint strength.[Footnote 33] NHTSA said that it did so
in response to petitions for reconsideration of the rule.
All but one of the modified rules had gone into effect by January 20,
2002. Most of the nine rules were changed without giving the public a
prior opportunity for comment.
Delayed Rules That May Be Changed or Withdrawn:
Other delayed rules had not been withdrawn or changed by the 1-year
anniversary of the Card memorandum, but the agencies indicated they
might be changed or withdrawn in the future, as the following examples
illustrate.
* On June 29, 2001, the National Park Service within DOI settled a
lawsuit in relation to its January 22, 2001, rule that placed
restrictions on snowmobiles and other winter activities in Yellowstone
and Grand Teton National Parks. As a result of the agreement, the
National Park Service will develop a new environmental impact
statement by March 15, 2002, and issue a new final rule by November
15, 2002. A spokesperson for the National Park Service was quoted in
the press as saying that the settlement of the lawsuit could result in
a removal of restrictions on snowmobiles in the parks.
* As noted previously, on July 25, 2001, DOE proposed the withdrawal
of its January 22, 2001, rule on central air conditioner and heat pump
energy conservation standards.[Footnote 34] DOE said it had made
several errors during the promulgation of the rule and concluded that
since litigation appeared inevitable, "the better course is to reopen
the rulemaking record on issues regarding economic justification with
the objective of publishing, after considering public comments, a
final rule as soon as possible."
* On August 17, 2001, CMS delayed the effective date of its rule on
"Medicaid managed care" until August 16, 2002. Three days later, CMS
published a proposed rule "to address some of the concerns that were
expressed to the Department during our review."[Footnote 35] As of
January 20, 2002, the proposed rule had not been made final.
* A BLM rule on "onshore oil and gas operations" took effect on
November 6, 2001, but on November 9, 2001, the agency said that it
"may give further consideration to alternative approaches...either
separately or in connection with broader revisions of its oil and gas
regulations."[Footnote 36]
* As noted previously,
- MSHA has proposed revising two provisions of its rule on diesel
particulate matter exposure for metal and nonmetal miners.
- FAA indicated that it intends to issue a proposed rule addressing
concerns raised by the aviation industry about its service difficulty
reports rule.
- FAA also indicated that it was working on changes to its rule on the
Grand Canyon National Park special flight rules area.
OIRA's recent report on the costs and benefits of federal regulations
also suggested that some of the delayed rules might be in flux. In a
May 2001 draft of the report, OIRA asked for suggestions from the
public on specific regulations that could be rescinded or changed.
OIRA received 71 suggestions from the public and, in its December 2001
final report, the agency placed those suggestions into one of three
categories: (1) "high priority"(those with which OIRA said it was
"inclined to agree and look into the suggestion"), (2) "medium
priority" (those on which OIRA said it needed more information), and
(3) "low priority" (those on which OIRA said it was not convinced of
the merits of the suggestion). OIRA put 23 of the 71 suggestions in
the "high priority" category. Five of these 23 high priority
suggestions involved rules that had been subject to the Card
memorandum and had been delayed. Those rules were:
* The Forest Service rule on roadless area conservation,
* The DOE rule on air conditioner and heat pump energy conservation
standards,
* The HHS rule on standards for privacy of individually identifiable
health information,
* The National Park Service's rule on snowmobiles, and,
* EPA's January 22, 2001, rule on arsenic in drinking water.
OIRA's report said that it might send a "prompt" letter to the
responsible agency in relation to each of the 23 high-priority
suggestions for its "deliberation and response."[Footnote 37]
Agency Comments and Our Evaluation:
On February 6, 2002, we provided a draft of this report to the
Director of the Office of Management and Budget for his review and
comment. OIRA officials told us that they had no comments on the
report.
As we agreed with your office, unless you publicly announce the
contents of this report earlier, we plan no further distribution of it
until 30 days from the date of this letter. At that time, we will send
copies of this letter to the Director of OMB, and the Chairman of the
House Committee on Government Reform, the Ranking Minority Member of
the Senate Committee on Governmental Affairs. The letter will also be
available on GAO's home page at [hyperlink, http://www.gao.gov].
If you have any questions, you may contact Curtis Copeland or me at
(202) 512-6806. Key contributors to this assignment include Joseph
Santiago and Elizabeth Powell.
Signed by:
Victor S. Rezendes:
Managing Director:
Strategic Issues:
[End of section]
Appendix I: Rules Subject to the January 20, 2001, Card Memorandum
That Were Delayed:
Department of Agriculture (10):
Date final rule appeared in the Federal Register: 12/01/00;
Title: Livestock and Grain Market News Branch: Livestock Mandatory
Reporting (Establishes a mandatory program of reporting information
regarding the marketing of cattle, swine, lambs, and products of such
livestock.)
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 01/30/01;
Extended effective date: 04/02/01;
Date of action extending effective date: 01/30/01;
Summary of rulemaking and other actions[A]: On January 30, 2001, the
Agricultural Marketing Service (AMS) published a final rule that
postponed the effective date of the regulation from January 30, 2001,
until April 2, 2001, but AMS did not mention the Card memo. AMS
determined that additional time was required to adequately test the
electronic system used to collect the required livestock reports and
ensure that all program requirements and objectives would be met. In
its December 2001 report on the costs and benefits of federal
regulations, the Office of Information and Regulatory Affairs (OIRA)
said that this rule went into effect on April 2, 2001.[B]
Date final rule appeared in the Federal Register: 12/18/00
Title: Specifically Approved States Authorized to Receive Mares and
Stallions Imported from Regions Where [Contagious Equine Metritis] CEM
Exists;
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 02/16/01;
Extended effective date: 04/17/01; 02/16/01;
Date of action extending effective date: 02/05/01; 02/22/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 5, 2001, the Animal and Plant Health Inspection Service
(APHIS) published a final rule delaying the effective date of the
regulation from February 16, 2001, to April 17, 2001.[C] Subsequently,
on February 22, 2001, APHIS published a direct final rule stating that
it had finished its review and determined that "the rule may be made
effective without further delay." In that rule, APHIS reestablished
and confirmed the original effective date of February 16, 2001.
Date final rule appeared in the Federal Register: 12/21/00;
Title: National Organic Program (The National Organic Program
establishes national standards for the production and handling of
organically produced products, including a list of those substances
approved for, or prohibited from, use in organic production and
handling.)
Major rule: [Check];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/20/01;
Extended effective date: 04/21/01;
Date of action extending effective date: 03/20/01;
Summary of rulemaking and other actions[A]: On March 20, 2001, AMS
published a final rule that delayed the effective date of this rule
for 60 days from February 20, 2001, until April 21, 2001, but AMS did
not mention the Card memo. According to the agency, the rule‘s
effective date was delayed to meet the requirements of the
Congressional Review Act portion of the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 801 et seq.), which does not permit
a major rule to take effect until 60 days after it has been submitted
to Congress and the Comptroller General. AMS did not submit the rule
to Congress and the Comptroller General until February 20, 2001. In
its December 2001 report on the costs and benefits of federal
regulations, OIRA said that this rule went into effect on April 21,
2001.
Date final rule appeared in the Federal Register: 12/29/00;
Title: Special Supplemental Nutrition Program for Women, Infants and
Children (WIC); Food Delivery Systems (Strengthens vendor management
in retail food delivery systems by establishing mandatory selection
criteria, training requirements, criteria to identify high-risk
vendors, and monitoring requirements, including compliance
investigations.)
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 02/27/01;
Extended effective date: 04/28/01;
Date of action extending effective date: 02/05/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 5, 2001, the Food and Nutrition Service (FNS) published a
final rule delaying the effective date of the regulation from February
27, 2001, to April 28, 2001. The rule took effect on that date. On
August 2, 2001, FNS published a related proposed rule that would, if
made final, extend the implementation date of the regulation from
February 27, 2002, until October 1, 2002. FNS said that the extension of
the implementation date was "necessary to provide State agencies
additional time to implement the rule, to promote more effective and
efficient implementation of the new requirements, and because the new
implementation date corresponds with the beginning of the Federal
fiscal year." On October 18, 2001, FNS published a final rule delaying
the implementation date until October 1, 2002.
Date final rule appeared in the Federal Register: 01/03/01;
Title: Animal Welfare; Confiscation of Animals;
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 02/02/01;
Extended effective date: 04/03/01;
Summary of rulemaking and other actions[A]: Date of action extending
effective date: 02/02/01;
Pursuant to the Card memo, on February 2, 2001, APHIS published a
final rule delaying the effective date of the regulation from February
2, 2001, to April 3, 2001. The rule took effect on that date.
Date final rule appeared in the Federal Register: 01/03/01;
Title: Animal Welfare; Marine Mammals;
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 02/02/01;
Extended effective date: 04/03/01;
Summary of rulemaking and other actions[A]: Date of action extending
effective date: 02/02/01;
Pursuant to the Card memo, on February 2, 2001, APHIS published a
final rule delaying the effective date of the regulation from February
2, 2001, to April 3, 2001. The rule took effect on that date.
Date final rule appeared in the Federal Register: 01/09/01;
Title: Loans to Indian Tribes and Tribal Corporations;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/08/01;
Extended effective date: 04/09/01;
Summary of rulemaking and other actions[A]: Date of action extending
effective date: 02/05/01;
Pursuant to the Card memo, on February 5, 2001, the Farm Service
Agency published a final rule delaying the effective date of the
regulation from February 8, 2001, to April 9, 2001. The rule took
effect on that date.
Date final rule appeared in the Federal Register: 01/12/01;
Title: Special Areas; Roadless Area Conservation (Prohibits road
construction, road reconstruction, and timber harvesting in
inventoried roadless areas on National Forest Service land.)
Major rule: [Check];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 03/13/01;
Extended effective date: 05/12/01;
Date of action extending effective date: 02/05/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 5, 2001, the Forest Service (FS) published a final rule
delaying the effective date of the regulation from March 13, 2001, to
May 12, 2001. Subsequently, on May 4, 2001, the Secretary of
Agriculture, in a statement to the press, announced that the rule
would become effective May 12, 2001, and that amendments would be
proposed in June. On May 10, 2001, the Idaho District Court granted a
preliminary injunction (see Kootenai Tribe of Idaho v. Veneman, 142
F.Supp. 2d 1231 (D. Idaho 2001)) enjoining FS from implementing "all
aspects of the Roadless Area Conservation Rule." The Court concluded
that the comment period was "grossly inadequate and thus deprived the
public of any meaningful dialogue or input in to the process." The
injunction has been appealed and, as of January 20, 2002, was pending
before the Ninth Circuit Court of Appeals. On June 7, 2001, the Chief
of the Forest Service issued a letter that (1) reserved to himself the
decision authority for timber harvest and road construction in
inventoried roadless areas, (2) instructed agency officials and staff
to complete the identification and mapping of existing classified
roads, (3) instructed agency officials and staff to ensure that forest
plan amendments and revisions consider the long-term protection and
management of unroaded portions of inventoried roadless areas. On July
10, 2001, FS published an advanced notice of proposed rulemaking to
give the public an opportunity to comment on a number of key issues
that have been raised regarding the protection of roadless areas. In
January 2002, an FS official was quoted in the press as saying that
the agency may participate in a dialogue with other interested parties
in early 2002, and may propose new roadless area regulations later in
the year. In its December 2001 report on the cost and benefits of
federal regulations, OIRA identified this rule for ’high priority“
review.
Date final rule appeared in the Federal Register: 01/12/01;
Title: Food Stamp Program: Revisions to the Retail Food Store
Definition and Program Authorization Guidance;
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 02/12/01;
Extended effective date: 04/13/01; 08/13/01;
Date of action extending effective date: 02/05/01; 04/12/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 5, 2001, FNS published a final rule delaying the effective
date of the regulation from February 12, 2001, to April 13, 2001.
Subsequently, on April 12, 2001, FNS published a final rule that
further delayed the rule by 120 days to August 13, 2001. FNS said it
did so to give Department officials the opportunity for further review
of the rule and for consideration of new regulations. The rule took
effect on August 13, 2001.
Date final rule appeared in the Federal Register: 01/17/01;
Title: Food Stamp Program: Personal Responsibility of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996;
Major rule: [Check];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 04/02/01;
Extended effective date: 06/01/01; 07/31/01;
Date of action extending effective date: 02/05/01; 06/01/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 5, 2001, FNS published a final rule delaying the effective
date of the regulation from April 2, 2001, to June 1, 2001.
Subsequently, on June 1, 2001, FNS published a final rule that
extended the effective date for an additional 60 days to July 31,
2001. FNS said this would allow the new Under Secretary of the Food,
Nutrition, and Consumer Service an opportunity to review the rule. The
rule took effect on July 31, 2001.
Department of Commerce (2):
Date final rule appeared in the Federal Register: 12/11/00;
Title: Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Atlantic
Herring Fishery; Atlantic Herring Fishery Management Plan;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 03/12/01;
Extended effective date: 05/11/01;
Date of action extending effective date: 02/27/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 27, 2001, the National Oceanic and Atmospheric
Administration (NOAA) published a final rule delaying the effective
date of certain portions of this regulation from March 12, 2001, to
May 11, 2001. The rule took effect on that date.
Date final rule appeared in the Federal Register: 12/29/00;
Title: Fisheries of the Northeastern United States; Dealer Reporting
Requirements;
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 01/28/01;
Extended effective date: 04/01/01;
Date of action extending effective date: 02/12/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 12, 2001, NOAA published a notification staying the
effective date of the notification published on December 29, 2000,
from January 28, 2001, to April 1, 2001. Those parts of the rule took
effect on that date.
Department of Education (3):
Date final rule appeared in the Federal Register: 01/08/01;
Title: Developing Hispanic-Serving Institutions Program;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/07/01;
Extended effective date: 04/08/01;
Date of action extending effective date: 02/01/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 1, 2001, the Department of Education (DOEd) published a
final rule delaying the effective date of the regulation from February
7, 2001, to April 8, 2001.
Date final rule appeared in the Federal Register: 01/08/01;
Title: Assistance to States for the Education of Children with
Disabilities;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/09/01;
Extended effective date: 04/10/01;
Date of action extending effective date: 02/02/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 2, 2001, DOEd published a final rule delaying the
effective date of the regulation from February 9, 2001, to April 10,
2001.
Date final rule appeared in the Federal Register: 01/17/01;
Title: State Vocational Rehabilitation Services Program
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/16/01;
Extended effective date: 04/17/01;
Date of action extending effective date: 02/02/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 2, 2001, DOEd published a final rule delaying the
effective date of the regulation from February 16, 2001, to April 17,
2001.
Department of Energy (8):
Date final rule appeared in the Federal Register: 01/10/01;
Title: Nuclear Safety Management;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/09/01;
Extended effective date: 04/10/01;
Date of action extending effective date: 02/02/01;
Summary of rulemaking and other actions[A]:
Pursuant to the Card memo, on February 2, 2001, the Department of
Energy (DOE) published a final rule delaying the effective date of the
regulation from February 9, 2001, to April 10, 2001. Subsequently, on
April 17, 2001, DOE published a final rule stating that the Department
had completed its review and that it was not modifying the rule. DOE
also confirmed the April 10, 2001, effective date.
Date final rule appeared in the Federal Register: 01/11/01;
Title: Alternate Fuel Transportation Program; Biodiesel Fuel Use
Credit;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/12/01;
Extended effective date: 04/13/01;
Date of action extending effective date: 02/02/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 2, 2001, DOE published a final rule delaying the effective
date of the regulation from February 12, 2001, to April 13, 2001.
Subsequently, on May 2, 2001, DOE published a final rule stating that
the Department had completed its review and that it was not modifying
the rule. DOE also confirmed the April 13, 2001, effective date.
Date final rule appeared in the Federal Register: 01/12/01;
Title: Energy Efficiency Program for Commercial and Industrial
Equipment; Efficiency Standards for Commercial Heating, Air
Conditioning and Water Heating Equipment;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/12/01;
Extended effective date: 04/13/01;
Date of action extending effective date: 02/02/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 2, 2001, DOE published a final rule delaying the effective
date of the regulation from February 12, 2001, to April 13, 2001.
Subsequently, on May 21, 2001, DOE published a final rule stating that
the Department had completed its review and that it was not modifying
the rule. DOE also confirmed the April 13, 2001, effective date.
Date final rule appeared in the Federal Register: 01/12/01'
Title: Office of Energy Efficiency and Renewable Energy; Energy
Conservation Program for Consumer Products: Clothes Washer Energy
Conservation Standards;
Major rule: [Check];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/12/01;
Extended effective date: 04/13/01;
Date of action extending effective date: 02/02/01;
Summary of rulemaking and other actions[A]: Although the effective
date of most of the rule is January 1, 2004, the effective date for
one part of the rule was February 12, 2001. On February 2, 2001,
pursuant to the Card memo, DOE published a final rule that delayed the
effective date for this section of the rule until April 13, 2001. On
April 17, 2001, DOE published a final rule denying a petition for
reconsideration of the rule, and confirming its April 13, 2001,
effective date.
Date final rule appeared in the Federal Register: 01/18/01;
Title: Nondiscrimination on the Basis of Sex in Education Programs or
Activities Receiving Federal Financial Assistance;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/20/01;
Extended effective date: 04/23/01;
Date of action extending effective date: 02/02/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 2, 2001, DOE published a final rule delaying the effective
date of the regulation from February 20, 2001, to April 23, 2001.
Subsequently, on April 11, 2001, DOE published a final rule stating
that it had completed its review and that it was not modifying the
rule. DOE also confirmed this rule‘s April 23, 2001, effective date.
Date final rule appeared in the Federal Register: 01/18/01;
Title: Contractor Legal Management Requirements; Department of Energy
Acquisition Regulation;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/20/01;
Extended effective date: 04/23/01;
Date of action extending effective date: 02/02/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 2, 2001, DOE published a final rule delaying the effective
date of the regulation from February 20, 2001, to April 23, 2001.
Subsequently, on April 17 2001, DOE published a final rule stating
that it had completed its review and that it was not modifying the
rule. DOE also confirmed this rule‘s April 23, 2001, effective date.
Date final rule appeared in the Federal Register: 01/18/01;
Title: Office of Security and Emergency Operations; Security
Requirements for Protected Disclosures Under Section 3164 of the
National Defense Authorization Act for Fiscal Year 2000 (Prescribes
the security procedures that a DOE employee or contractor must follow
to make a protected disclosure of classified or other controlled
information);
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/20/01;
Extended effective date: 04/23/01;
Date of action extending effective date: 02/02/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 2, 2001, DOE published a final rule delaying the effective
date of the regulation from February 20, 2001, to April 23, 2001.
Subsequently, on May 10, 2001, DOE published a final rule stating that
DOE had completed its review and that it was not modifying the rule.
DOE also confirmed this rule‘s April 23, 2001, effective date. On
October 30, 2001, DOE published a final rule, effective November 29,
2001, amending one section of the rule to address the scope of the
whistle blower protection program. The change was made pursuant to a
comment from the Special Counsel of the U.S. Office of the Special
Counsel clarifying that disclosure of information is also protected
under the Whistleblower Protection Act of 1989.
Date final rule appeared in the Federal Register: 01/22/01;
Title: Energy Conservation Program for Consumer Products; Central Air
Conditioners and Heat Pump Energy Conservation Standards;
Major rule: [Check];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/21/01;
Extended effective date: 04/23/01; indefinite;
Date of action extending effective date: 02/02/01; 04/20/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 2, 2001, DOE published an interim final rule delaying the
effective date of the regulation from February 21, 2001, to April 23,
2001. However, DOE did not change the date when the rule would be
enforceable against manufacturers– January 23, 2006. During the 60-day
review period, DOE received a petition from the Air-Conditioning and
Refrigeration Institution (ARI) contending that the new rule ’unfairly
and erroneously raised the standards level—“ On March 19, 2001, DOE
was notified that ARI had filed a petition for review in the United
States Court of Appeals for the Fourth Circuit. On April 20, 2001, DOE
published a final rule that delayed this rule‘s effective date
indefinitely pending a decision by the United States Court of Appeals
for the Fourth Circuit regarding ARI's petition for judicial review of
the final rule. The agency indicated that it would likely resolve the
issues raised by ARI through supplemental rulemaking that would be
forthcoming. On July 25, 2001, DOE published a supplemental proposed
rule and a proposed withdrawal of the final rule. In its proposed
withdrawal of the final rule, the agency stated that it had concluded
that the January 22, 2001, rule should be reconsidered and therefore
granted ARI's petition. DOE said that it granted the petition because
"(1) [it] should have invited the Department of Justice to submit a
supplemental determination on the potential anti-competitive impact,
(2) the statement of basis for the final rule did not sufficiently
explain DOE's consideration of cumulative burden attributable to other
Federal agencies' and State regulatory actions, which was necessary to
DOE's conclusion regarding the potential impact of the final rule on
manufacturers, and (3) [it] gave inadequate weight to the potential
impact of higher installation and equipment costs on some types of
consumers and to potential burdens on manufacturers." DOE also
concluded that since litigation appeared inevitable, "the better
course is to reopen the rulemaking record on issues regarding economic
justification with the objective of publishing, after considering
public comments, a final rule, as soon as possible in 2001." On
September 27, 2001, DOE published a proposed rule that extended the
comment period to October 19, 2001. In its December 2001 report on the
cost and benefits of federal regulations, OIRA identified this rule
for ’high priority“ review.
Department of Health and Human Services (16):
Date final rule appeared in the Federal Register: 12/03/99;
Title: Prescription Drug Marketing Act of 1987: Prescription Drug
Amendments of 1992; Policies, Requirements and Administrative
Procedures;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 10/01/01;
Extended effective date: 04/01/02;
Date of action extending effective date: 03/01/01;
Summary of rulemaking and other actions[A]: Prior to the publication
of the Card memo, on May 3, 2000, the Food and Drug Administration
(FDA) delayed the effective date of certain requirements in the rule
to October 1, 2001. The delayed requirements relate to wholesale
distribution of prescription drugs by distributors of record and
distribution of blood derivatives by entities that meet the definition
of a "health care entity." On March 1, 2001, FDA published a final
rule that further delayed the effective date of the pending provisions
to April 1, 2002, and said that the delay was needed in order to
address concerns raised by affected parties about the requirements.
However, FDA noted that the extension satisfied the 60 days required
by the Card memo.
Date final rule appeared in the Federal Register: 01/26/00;
Title: Aluminum in Large and Small Volume Parenterals Used in Total
Parenteral Nutrition (Adds certain labeling requirements, specifies
upper limit, and requires applicant to submit validated assay methods
for detecting aluminum content in parenteral drug products);
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 01/26/01;
Extended effective date: 01/26/03;
Date of action extending effective date: 01/26/01;
Summary of rulemaking and other actions[A]: On January 26, 2001, FDA
published a final rule that extended this rule's effective date until
January 26, 2003, but did not mention the Card memo. The agency stated
that some of the affected products were medically necessary and
without alternatives, and could not be reformulated by the existing
effective date. This inability to reformulate the products raised
several safety concerns, including the potential risk to certain
patients.
Date final rule appeared in the Federal Register: 10/30/00;
Title: Postmarketing Studies for Approved Human Drug and Licensed
Biological Products; Status Reports;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/27/01;
Extended effective date: 04/30/01;
Date of action extending effective date: 02/20/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 20, 2001, FDA published a final rule delaying the
effective date of the regulation from February 27, 2001, to April 30,
2001. The rule took effect on that date.
Date final rule appeared in the Federal Register: 12/27/00;
Title: National Medical Support Notice;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 01/26/01;
Extended effective date: 03/27/01;
Date of action extending effective date: 01/26/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on January 26, 2001, the Office of Child Support Enforcement published
a final rule delaying the effective date of the regulation from
January 26, 2001, to March 27, 2001. The rule took effect on that date.
Date final rule appeared in the Federal Register: 12/28/00;
Title: Standards for Privacy of Individually Identifiable Health
Information;
Major rule: [Check];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/26/01;
Extended effective date: 04/14/01;
Date of action extending effective date: 02/26/01;
Summary of rulemaking and other actions[A]: On February 26, 2001, the
Office for Civil Rights (OCR) within the Office of the Secretary
published a final rule that delayed the effective date of this rule
from February 26, 2001, to April 14, 2001, but OCR did not mention the
Card memo. According to OCR, the rule‘s effective and compliance dates
were delayed to meet the requirements of the Congressional Review Act,
which does not permit a major rule to take effect until 60 days after
it has been submitted to Congress and the Comptroller General. OCR did
not submit the final rule to Congress and the Comptroller General
until February 13, 2001. On February 28, 2001, OCR published a final
rule to solicit comments on a technical amendment to the rule. These
comments were due no later than March 30, 2001. According to OCR, this
action did not affect the newly established effective date of April
14, 2001. In its December 2001 report on the cost and benefits of
federal regulations, OIRA identified this rule for ’high priority“
review.
Date final rule appeared in the Federal Register: 01/04/01;
Title: Medicare and Medicaid Programs; Physicians' Referrals to Health
Care Entities With Which They Have Financial Relationships;
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 02/05/01; 01/04/02;
Extended effective date: 04/06/01; 01/06/03;
Date of action extending effective date: 02/02/01; 12/03/01;
Summary of rulemaking and other actions[A]: Section 424.22(d) of the
rule was originally scheduled to take effect on February 5, 2001. The
remainder of the rule was originally scheduled to take effect on
January 4, 2002. Pursuant to the Card memo, on February 2, 2001, the
Centers for Medicare and Medicaid Service (CMS)[D] published a final
rule delaying the effective date of section 424.22(d) until April 6,
2001. That portion of the rule took effect on that date. On December
3, 2001, CMS published a final rule that delayed the effective date of
the last sentence of section 411.354(d)(1) of the rule until January
6, 2003. CMS said this extension would give officials the opportunity
to reconsider a key definition of the regulation.
Date final rule appeared in the Federal Register: 01/11/01;
Title: State Child's Health; Implementing Regulations for the State
Children's Health Insurance Program;
Major rule: [Check];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 04/11/01;
Extended effective date: 06/11/01; 06/25/01;
Date of action extending effective date: 02/26/01; 06/11/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 26, 2001, CMS published a final rule delaying the
effective date of the regulation from April 11, 2001, to June 11,
2001. Subsequently, on June 11, 2001, CMS published a final rule that
further extended the effective date until June 25, 2001. The agency
stated that it delayed the rule again "because we have determined that
a short additional period is required to properly consider and
promulgate necessary revisions." On June 25, 2001, CMS published an
interim final rule that revised certain provisions and solicited
public comment, made technical corrections, and delayed the effective
date until August 24, 2001. The amended rule took effect on that date.
Date final rule appeared in the Federal Register: 01/11/01;
Title: Medicaid: Federal Financial Participation Limits;
Major rule: [Check];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 03/12/01;
Extended effective date: 05/11/01;
Date of action extending effective date: 03/12/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on March 12, 2001, CMS published a final rule delaying the effective
date of the regulation from March 12, 2001, to May 11, 2001. The rule
took effect on that date.
Date final rule appeared in the Federal Register: 04/07/00;
Title: Hematology and Pathology Devices; Reclassification; Restricted
Devices; OTC Test Sample Collection Systems for Drugs of Abuse Testing;
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 04/09/01;
Extended effective date: 06/08/01;
Date of action extending effective date: 03/30/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on March 30, 2001, CMS published a final rule delaying the effective
date of the regulation from April 9, 2001, to June 8, 2001. The rule
took effect on that date.
Date final rule appeared in the Federal Register: 01/12/01;
Title: Medicare Program; Payment for Nursing and Allied Health
Education;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 03/13/01;
Extended effective date: 05/14/01;
Date of action extending effective date: 03/12/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on March 12, 2001, CMS published a final rule delaying the effective
date of the regulation from March 13, 2001, to May 14, 2001. The rule
took effect on that date.
Date final rule appeared in the Federal Register: 01/17/01;
Title: Opioid Drugs in Maintenance and Detoxification Treatment of
Opiate Addiction; Repeal of Current Regulations and Issuance of New
Regulations;
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 03/19/01;
Extended effective date: 05/18/01;
Date of action extending effective date: 03/19/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on March 19, 2001, the Substance Abuse and Mental Health Services
Administration published a final rule delaying the effective date of
the regulation from March 19, 2001, to May 18, 2001. The rule took
effect on that date.
Date final rule appeared in the Federal Register: 01/17/01;
Title: Protection of Human Research Subjects (Provides additional
protections for pregnant women and human fetuses involved in research
and pertains to human in vitro fertilization);
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 03/19/01;
Extended effective date: 05/18/01; 11/14/01;
Date of action extending effective date: 03/19/01; 05/18/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on March 19, 2001, the Department of Health and Human Services (HHS)
published a final rule delaying the effective date of the regulation
from March 19, 2001, to May 18, 2001. On May 18, 2001, HHS published a
final rule delaying the effective date until November 14, 2001. The
Department said it was doing so ’pending the Department‘s action on
forthcoming (sic) notice of proposed rulemaking.“ On July 6, 2001, HHS
published a notice of proposed rulemaking seeking comments on three
proposed changes in the original rule. On November 13, 2001, HHS
published a final rule that withdrew and replaced the January 17,
2001, rule. The Department said the new rule, among other things,
clarified provisions for paternal consent when research is conducted
involving fetuses and clarifies language that applies to research on
newborns of uncertain viability. The rule took effect on December 13,
2001.
Date final rule appeared in the Federal Register: 01/18/01;
Title: Medicare and Medicaid Programs: Hospital Conditions of
Participation: Anesthesia Services;
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 03/19/01;
Extended effective date: 05/18/01; 11/14/01;
Date of action extending effective date: 03/19/01; 05/18/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on March 19, 2001, CMS published a final rule delaying the effective
date from March 19, 2001, until May 18, 2001. Subsequently, CMS
published a final rule on May 18, 2001, delaying the effective date
until November 14, 2001. CMS said this delay was needed to provide an
opportunity to obtain comments on modifications to the rule. On July
5, 2001, CMS published a proposed rule to amend the physician
supervision requirement, permitting states to exempt themselves from
the requirement. CMS said that the change would give states the
flexibility to improve access and address safety issues. Comments on
the proposed rule were due by September 4, 2001. On November 13, 2001,
CMS published a final rule making final the proposed changes and
withdrawing the original rule. The amendments took effect on that date.
Date final rule appeared in the Federal Register: 01/19/01;
Title: Medicaid Program: Medicaid Managed Care (Among other things,
allows states greater flexibility to amend their state plans to
require certain categories of Medicaid beneficiaries to enroll in
managed care without obtaining waivers; establishes new beneficiary
protections and eliminates impediments to the growth of managed care
programs);
Major rule: [Check];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 04/19/01;
Extended effective date: 06/18/01 08/17/01; 08/16/02;
Date of action extending effective date: 02/26/01; 06/18/01; 08/17/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 26, 2001, CMS published a final rule delaying the
effective and implementation dates of the regulation from April 19,
2001, to June 18, 2001. Subsequently, on June 18, 2001, CMS published
a final rule that again extended the effective and implementation
dates until August 17, 2001. The agency stated, "a short additional
period is required [to properly address concerns raised by key
stakeholders]." On August 17, 2001, CMS published a final rule that
further extended the effective and implementation dates until August
16, 2002. According to CMS, the previous delays were necessary to give
newly appointed department officials the opportunity to review and
consider the new regulations. CMS said that during the previous review
periods, key stakeholders expressed "strong (sometimes opposing) views
about the regulation." Therefore, the agency said that this further
delay was necessary to give the public an opportunity to comment on
the length of the delay of the effective date. On August 20, 2001, CMS
published a proposed rule that would address some of the concerns that
’were expressed to the Department during our review.“ CMS proposed to
amend the rule by providing states with greater flexibilities in
administering the Medicaid program. The agency also proposed to expand
on ’existing regulatory beneficiary protection provided to enrollees
of prepaid health plans“ by requiring these plans to provide services
on an inpatient basis to meet requirements under the Balanced Budget
Act of 1997 that would not otherwise apply to these entities. In
addition, CMS said that this proposed would allow the public
additional opportunity to comment on the rule.
Date final rule appeared in the Federal Register: 01/22/01;
Title: Medicare Program; Use of Restraint and Seclusion in Residential
Treatment Facilities Providing Inpatient Psychiatric Services to
Individuals Under Age 21 (Establishes a definition of a ’psychiatric
residential treatment facility“ that is not a hospital and that may
furnish covered Medicaid inpatient psychiatric services for
individuals under age 21; establishes standards for the use of
restraints or seclusion);
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 03/23/01;
Extended effective date: 05/22/01;
Date of action extending effective date: 03/21/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on March 21, 2001, CMS published an interim final rule delaying the
effective date of the regulation from March 23, 2001, to May 22, 2001.
The rule took effect on that date. On May 22, 2001, CMS published an
interim final rule clarifying what facilities were subject to the
requirements, modifying reporting requirements, and amending staffing
requirements. CMS said it did so because of concerns raised in
comments on the January 22, 2001, interim final rule. CMS also
extended the comment period on this rule to July 23, 2001. However, it
did not extend the rule‘s effective date.
Date final rule appeared in the Federal Register: 01/22/01;
Title: Revision of Administrative Practices and Procedures; Meetings
and Correspondence; Public Calendars;
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 01/22/01;
Extended effective date: 04/23/01;
Date of action extending effective date: 03/01/01;
Summary of rulemaking and other actions[A]:
Pursuant to the Card memo, on March 1, 2001, FDA published a final
rule delaying the effective date of the regulation from January 22,
2001, to April 23, 2001. The rule took effect on that date.
Department of Housing and Urban Development (4):
Date final rule appeared in the Federal Register: 01/17/01;
Title: Revision to the Application Process for Community Development
Block Grants for Indian Tribes and Alaska Native Villages;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/16/01;
Extended effective date: 04/16/01;
Date of action extending effective date: 01/30/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on January 30, 2001, the Department of Housing and Urban Development
(HUD) published a final rule delaying the effective date of the
regulation from February 16, 2001, to April16, 2001.
Date final rule appeared in the Federal Register: 01/19/01;
Title: Discontinuation of the Section 221(d)(2) Mortgage Insurance
Program;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/20/01;
Extended effective date: 04/20/01;
Date of action extending effective date: 01/30/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on January 30, 2001, HUD published a final rule delaying the effective
date of the regulation from February 20, 2001, to April 20, 2001.
Date final rule appeared in the Federal Register: 01/19/01;
Title: Determining Adjusted Income in HUD Programs Serving Persons
with Disabilities: Requiring Mandatory Deductions for Certain
Expenses; and Disallowance for Earned Income;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/20/01;
Extended effective date: 04/20/01;
Date of action extending effective date: 01/30/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on January 30, 2001, HUD published a final rule delaying the effective
date of the regulation from February 20, 2001, to April 20, 2001.
Date final rule appeared in the Federal Register: 01/22/01;
Title: Revision of Freedom of Information Act Regulations;
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 02/21/01
Extended effective date: 04/23/01
Date of action extending effective date: 01/30/01
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on January 30, 2001, HUD published a final rule delaying the effective
date of the regulation from February 21, 2001, to April 23, 2001.
Department of the Interior (6):
Date final rule appeared in the Federal Register: 01/10/01;
Title: Oil and Gas Leasing: Onshore Oil and Gas Operations;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/09/01;
Extended effective date: 04/10/01; 08/08/01; 11/06/01;
Date of action extending effective date: 02/08/01; 04/10/01; 08/07/01;
Summary of rulemaking and other actions[A]:
Pursuant to the Card memo, on February 8, 2001, the Bureau of Land
Management (BLM) published a final rule delaying the effective date of
the regulation from February 9, 2001, until April 10, 2001.
Subsequently, on April 10, 2001, BLM published a final rule that
delayed certain parts of the rule for 120 additional days until August
8, 2001, ’in order to seek further public comments.“ On May 11, 2001,
BLM published a correcting amendment to the rule removing in one
paragraph the phrase ’the operating rights owner“ and adding the
phrase ’the lessee(s) and operating rights owner(s).“ BLM said this
change was effective on April 10, 2001. On August 7, 2001, BLM
published a final rule that further extended the effective date of the
previously delayed provisions until November 6, 2001. The agency said
that it had received several highly technical comments and could not
complete its review before August 8, 2001. Therefore, it was necessary
to extend the effective date by 90 days. On November 9, 2001, BLM
published a final rule confirming the effective date as November 6,
2001. However, BLM said that it ’may give further consideration to
alternative approaches—either separately or in connection with broader
revisions of its oil and gas regulations.“
Date final rule appeared in the Federal Register: 01/16/01;
Title: Acquisition of Title to Land in Trust (procedures used by
Indian tribes and individuals to acquire title land in trust);
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/15/01;
Extended effective date: 04/16/01; 08/13/01; 11/10/01;
Date of action extending effective date: 02/05/01; 04/16/01; 08/13/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 5, 2001, the Bureau of Indian Affairs (BIA) published a
final rule delaying the effective date of the regulation from February
15, 2001, until April 16, 2001. Subsequently, on April 16, 2001, BIA
published a proposed rule that extended the effective date for an
additional 120 days to August 13, 2001. BIA said it was doing so ’in
order to seek comments on whether the final rule should be amended in
whole or in part or withdrawn in whole or in part.“ Comments on the
extension were due by June 15, 2001. On August 13, 2001, BIA published
a final rule extending the effective date to November 10, 2001, ’in
order to continue to review comments that were received from the prior
extension.“ On the same day, BIA published a notice seeking public
comment on whether the original rule should be withdrawn and a ’
further rule proposed to better address the public‘s continued concerns.
“ On November 9, 2001, BIA published a ’withdrawal of final rule“
action in the Federal Register. The agency said it was withdrawing the
rule to address ’specific areas of concern in a new rule.“ The agency
said the withdrawal was effective immediately.
Date final rule appeared in the Federal Register: 01/16/01;
Title: Policy on Maintaining the Biological Integrity, Diversity, and
Environmental Health of the National Wildlife Refuge System;
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 02/15/01;
Extended effective date: 04/16/01;
Date of action extending effective date: 02/08/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 8, 2001, the Fish and Wildlife Service (FWS) published a
final rule delaying the effective date of the regulation from February
15, 2001, to April 16, 2001. The rule took effect on that date.
Date final rule appeared in the Federal Register: 01/17/01;
Title: Loan Guaranty, Insurance, and Interest Subsidy;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/16/01;
Extended effective date: 04/17/01;
Date of action extending effective date: 02/05/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 5, 2001, BIA published a final rule delaying the effective
date of the regulation from February 16, 2001, to April 17, 2001. The
rule took effect on that date.
Date final rule appeared in the Federal Register: 01/18/01;
Title: Boating Infrastructure Grant Program;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/20/01
Extended effective date: 04/21/01
Date of action extending effective date: 02/08/01
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 8, 2001, FWS published a final rule delaying the effective
date of the regulation from February 20, 2001, to April 21, 2001. The
rule took effect on that date.
Date final rule appeared in the Federal Register: 01/22/01;
Title: Special Regulations: Areas of the National Park System
(restrictions on snowmobiles and other winter activities in
Yellowstone and Grand Teton National Parks as well as the John D.
Rockefeller, Jr. Memorial Parkway);
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/21/01;
Extended effective date: 04/22/01;
Date of action extending effective date: 01/31/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on January 31, 2001, the National Park Service (NPS) published a final
rule delaying the effective date from February 21, 2001, until April
22, 2001. The rule took effect on that date. In December 2000, in
anticipation of the final rule, the International Snowmobile
Manufacturers Association, the State of Wyoming, and recreational
groups filed suit in federal district court against NPS (International
Snowmobile Manufacturers Association v. National Park Service, D.Wyo.,
No. 2000-CV-0229). According to press accounts, the parties settled
the lawsuit on June 29, 2001, and, as a result of the agreement, NPS
will conduct a new environmental impact statement by March 15, 2002,
and issue a final rule on the proposed ban by November 15, 2002”a
month before the official snowmobile season begins and the first phase
outs were to begin under the final rule. On June 29, 2001, an NPS
spokesperson was quoted in the press saying that the settlement of the
lawsuit could result in the lifting of the snowmobile ban. In its
December 2001 report on the cost and benefits of federal regulations,
OIRA identified this rule for ’high priority“ review.
Department of Justice (4):
Date final rule appeared in the Federal Register: 12/28/00;
Title: Clarification of Parole Authority;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 01/29/01;
Extended effective date: 03/30/01;
Date of action extending effective date: 01/26/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on January 26, 2001, the Immigration and Naturalization Service (INS)
published a final rule delaying the effective date of the regulation
from January 29, 2001, to March 30, 2001.
Date final rule appeared in the Federal Register: 12/28/00;
Title: Temporary Protected Status: Amendments to the Requirements for
Employment Authorization Fee, and Other Technical Amendments;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 01/29/01;
Extended effective date: 03/30/01;
Date of action extending effective date: 01/26/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on January 26, 2001, INS published a final rule delaying the effective
date of the regulation from January 29, 2001, to March 30, 2001.
Date final rule appeared in the Federal Register: 01/05/01;
Title: Update of the List of Countries Whose Citizens or Nationals Are
Ineligible for Transit Without Visa (TWOV) Privileges to the United
States Under the TWOV Program;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/05/01;
Extended effective date: 04/06/01;
Date of action extending effective date: 02/02/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 2, 2001, INS published a final rule delaying the effective
date of the regulation from February 5, 2001, to April 6, 2001.
Date final rule appeared in the Federal Register: 01/22/01;
Title: National Instant Criminal Background Check System Regulation;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 03/05/01;
Extended effective date: 05/04/01; 07/03/01;
Date of action extending effective date: 03/01/01; 05/04/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on March 1, 2001, the Federal Bureau of Investigation (FBI) published
a final rule delaying the effective date of the regulation from March
5, 2001, to May 4, 2001. Subsequently, on May 4, 2001, the FBI
published a final rule delaying the effective date for another 60 days
’with the goal of adopting a regulation that will resolve issues
regarding audit requirements, privacy interests, and other
considerations identified during the recent 60-day review period.“
Department of Labor (5):
Date final rule appeared in the Federal Register: 12/27/00;
Title: National Medical Support Notice;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 01/26/01;
Extended effective date: 03/27/01;
Date of action extending effective date: 01/26/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on January 26, 2001, the Pension and Welfare Benefits Administration
published a final rule delaying the effective date of the regulation
from January 26, 2001, to March 27, 2001.
Date final rule appeared in the Federal Register: 01/11/01;
Title: Welfare-to-Work Grants;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/12/01;
Extended effective date: 04/13/01;
Date of action extending effective date: 02/12/01;
Summary of rulemaking and other actions[A]: On January 11, 2001, the
Employment and Training Administration (ETA) published a final rule
implementing Welfare-to-Work Grants and, in the same publication,
published an interim final rule implementing the Welfare-to-Work and
Child Support Amendments of 1999. On February 12, 2001, ETA published
a final rule that delayed the effective date of both the grants and
the amendments pursuant to the Card memo from February 12, 2001, until
April 13, 2001. It also extended the date for receipt of comments on
the child support amendments for 30 days from March 12, 2001, to April
11, 2001.
Date final rule appeared in the Federal Register: 01/18/01;
Title: Safety Standards for Steel Erection (Revises construction
industry standards that regulate steel erection and enhances
protections of workers);
Major rule: [Check];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 07/18/01;
Extended effective date: 01/18/02;
Date of action extending effective date: 07/17/01;
Summary of rulemaking and other actions[A]: On July 17, 2001, the
Occupational Safety and Health Administration (OSHA) published a final
rule delaying the effective date of the regulation from July 18, 2001,
to January 18, 2002. Although OSHA cited the Card memo, the agency
indicated that it was delaying the effective date because employers
had a wide range of questions related to the standard and their
ability to comply with it by the original effective date. According to
press accounts, on August 27, 2001, the Associated General Contractors
of America sent a letter to the Administrator of OSHA objecting to
parts of the rule and asking the agency to delay its January 18, 2002,
effective date. On November 21, 2001, OSHA posted a draft compliance
directive for the steel erection standard on its website.
Date final rule appeared in the Federal Register: 01/19/01;
Title: Diesel Particulate Matter Exposure–Coal Miners;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 03/20/01;
Extended effective date: 05/21/01;
Date of action extending effective date: 03/15/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on March 15, 2001, the Mine Safety and Health Administration (MSHA)
published a final rule that delayed the effective date of part of this
regulation from March 20, 2001, to May 21, 2001. The other parts of
the rule had effective dates in 2002, 2003, and 2005, and, were not
delayed. On May 21, 2001, MSHA published a final rule containing
corrections that were effective on May 21, 2001.
Date final rule appeared in the Federal Register: 01/19/01;
Title: Diesel Particulate Matter Exposure of Metal and Nonmetal Miners
(Establishes new health standards for underground metal and nonmetal
miners working at mines that use equipment powered by diesel engines);
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 03/20/01;
Extended effective date: 05/21/01; 07/05/01; indefinite;
Date of action extending effective date: 03/15/01; 05/21/01; 07/05/01;
Summary of rulemaking and other actions[A]: On January 29, 2001,
Anglogold (Jerritt Canyon) Corp. and Kennecott Greens Creek Mining
Company filed a petition for review of the rule in the District of
Columbia Circuit. The United Steelworkers of America has intervened in
the Anglogold case. On February 7, 2001, the Georgia Mining
Association, the National Mining Association, the Salt Institute, and
MARG Diesel Coalition filed a similar petition in the Eleventh
Circuit. On March 14, 2001, Getchell Gold Corporation petitioned for
review of the rule in the District of Columbia Circuit. The three
petitions were consolidated in the District of Columbia Circuit.
Pursuant to the Card memo, on March 15, 2001, MSHA published a final
rule delaying the effective date of the regulation from March 20,
2001, until May 21, 2001. On May 21, 2001, MSHA published a final rule
that further extended the effective date to July 5, 2001. MSHA said
this delay ’will allow the Department an opportunity to engage in
further negotiations to settle the legal challenges to this rule.“ On
July 5, 2001, MSHA published another final rule stating that, with the
exception of §57.5066 (b), the rule would become effective July 5,
2001. MSHA said that section 57.5066 (b) was delayed ’pending
disposition of litigation challenging the rule.“ Also on July 5, 2001,
MSHA published a proposed rule addressing two provisions in sections
57.5066(b) and 57.5067(b)(3). It also announced a public hearing to be
held on August 16, 2001. On August 28, 2001, MSHA issued a program
information bulletin informing the mining community of its plan for
enforcing the diesel particulate standard. The bulletin stated that
some provisions of the rule became effective July 5, 2001, but other
provisions do not go into effect until after July 19, 2002, or January
19, 2006.
Department of Transportation (15):
Date final rule appeared in the Federal Register: 11/05/98;
Title: Federal Motor Vehicle Safety Standards; School Bus Body Joint
Strength (Extends the application of standard on school bus body joint
strength to lighter school buses and narrows exclusions for
maintenance access panels);
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 05/05/01;
Extended effective date: 06/01/0; 01/01/03;
Date of action extending effective date: 04/20/01; 12/13/01;
Summary of rulemaking and other actions[A]: The National Highway
Traffic Safety Administration (NHTSA) received petitions for
reconsideration of the final rule from AmTran Corporation, Blue Bird
Body Company, and Thomas Built Buses. On March 6, 2000, NHTSA delayed
the effective date until May 5, 2001. On April 20, 2001, NHTSA
published a final rule that further extended the effective date until
June 1, 2002, but the agency did not mention the Card memo. NHTSA said
the delay in the effective date was necessary because the agency was
in the process of completing the review of the petitions for
reconsideration. On December 13, 2001, NHTSA published a final rule
that clarified that applicability of the standard and made various
other changes. The agency said that it did so in response to petitions
for reconsideration of the rule. NHTSA said the amended rule would
take effect on January 1, 2003.
Date final rule appeared in the Federal Register: 04/04/00;
Title: Modification of the Dimensions of the Grand Canyon National
Park Special Flight Rules Area and Flight Free Zones (One of two final
rules that the Federal Aviation Administration (FAA) published on
April 4, 2000, regarding aircraft flight operations over the Grand
Canyon National Park (GCNP). The first rule, which went into effect on
May 4, 2000, limits the number of commercial air tour operations in
the GCNP. This final rule modifies the airspace in the GCNP special
flight rules area);
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 04/01/01
Extended effective date: 12/01/01 02/20/03
Date of action extending effective date: 03/26/01 12/05/01
Summary of rulemaking and other actions[A]: On May 9, 2000, The United
States Air Tour Association (USATA) and seven air tour operators
petitioned the United States District Court of Appeals for the
District of Columbia to review this Federal Aviation Administration
(FAA) rule. (USATA v. FAA, et al. (Docket No. 001201) During the
litigation, USATA raised a November 20, 2000, FAA published a final
rule that delayed the effective date of this regulation from December
1, 2000, to December 28, 2000. FAA said it did so to ’adequately
evaluate new safety issues raised by the air tour operators.“ FAA said
that it further extended the effective date for the rule to April 1,
2001, on December 28, 2000. (However, we could find no related Federal
Register actions were recorded on that date.) On March 26, 2001, the
agency published a final rule that further extended the effective date
of certain parts of the rule to December 1, 2001. FAA said the delay
was necessary ’pending resolution of the safety issues.“ On December
5, 2001, FAA published another final rule that extended the effective
date for portions of the rule to February 20, 2003. The agency stated
that the delay was necessary because it was working on the proposed
changes to the route structure and airspace modification. The process
includes an environmental assessment of the proposed route and
publishing a proposal and notice of availability of the new map in the
Federal Register. Since the process had not been completed, it was
necessary to extend the effective date. None of these delaying actions
mentioned the Card memo.
Date final rule appeared in the Federal Register: 09/15/00;
Title: Service Difficulty Reports (Amends reporting requirements for
air carriers and repair station operators concerning failures,
malfunctions, and defects of aircraft engines, systems, and
components);
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 07/16/01;
Extended effective date: 01/16/02; 01/16/03;
Date of action extending effective date: 04/30/01; 11/23/01;
Summary of rulemaking and other actions[A]: On December 22, 2000, FAA
delayed the effective date of this rule from January 16, 2001, until
July 16, 2001, because of questions raised by the aviation industry on
the implementation of the new requirements. On April 30, 2001, FAA
said it needed more time to evaluate the comments and published a
final rule that further extended the effective date to January 16,
2002. On November 23, 2001, FAA published a final rule that delayed
the effective date until January 16, 2003. According to FAA, this
action was ’prompted by concerns the aviation industry raised about
reporting requirements.“ The agency also said that it expected to
issue a notice of proposed rulemaking to address the issues raised by
commentators, and to give both the aviation industry and the general
public the opportunity to comment on the agency's proposed revisions.
None of these delaying actions mentioned the Card memo.
Date final rule appeared in the Federal Register: 09/27/00;
Title: Federal Motor Vehicle Safety Standards; Electric-Powered
Vehicles; Electrolyte Spillage and Electrical Shock Protection;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 10/01/01;
Extended effective date: 12/01/01;
Date of action extending effective date: 02/08/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 8, 2001, NHTSA published a final rule delaying the
effective date from October 1, 2001, until December 1, 2001.
Subsequently, on December 3, 2001, NHTSA published a final rule that
made clarifying amendments regarding the application of the standard
and other issues. However, the December 1, 2001, effective date was
unchanged. NHTSA said that it made the changes in response to
petitions for reconsideration of the rule filed by the General Motors
and DaimlerChrysler Corporations.
Date final rule appeared in the Federal Register: 12/01/00;
Title: Pipeline Safety: Pipeline Integrity Management in High
Consequence Areas (Hazardous Liquid Operators With 500 or More Miles
of Pipelines);
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 03/31/01;
Extended effective date: 05/29/01;
Date of action extending effective date: 02/08/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 8, 2001, the Research and Special Programs Administration
(RSPA) published a final rule delaying the effective date from March
31, 2001, until May 29, 2001. The rule took effect on that date.
Date final rule appeared in the Federal Register: 12/07/00;
Title: Major Capital Investment Projects;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/05/01;
Extended effective date: 04/06/01;
Date of action extending effective date: 02/09/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 9, 2001, the Federal Transit Administration (FTA)
published a final rule that delayed the effective date of the part of
the regulation that describes the procedures that FTA will use to
evaluate and rate New Starts projects. This part of the regulation was
originally scheduled to become effective on February 5, 2001, until
April 6, 2001. That part of the rule became effective on that date.
The effective date for the part of the regulation that was originally
scheduled to become effective September 1, 2001, was not changed.
Date final rule appeared in the Federal Register: 12/21/00;
Title: Pipeline Safety: Areas Unusually Sensitive to Environmental
Damage;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/20/01;
Extended effective date: 04/21/01;
Date of action extending effective date: 02/08/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 8, 2001, RSPA published a final rule delaying the
effective date of the regulation from February 20, 2001, to April 21,
2001. The rule took effect on that date.
Date final rule appeared in the Federal Register: 12/29/00;
Title: Mitigation of Impacts to Wetlands and Natural Habitats;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 01/29/01;
Extended effective date: 03/30/01;
Date of action extending effective date: 01/29/01;
Summary of rulemaking and other actions[A]: On January 29, 2001, the
Federal Highway Administration (FHWA) published a final rule delaying
the effective date of the regulation, but FHWA did not specifically
mention the Card memo. The agency said the delayed effective date ’
will provide the Administration an opportunity to review this final
rule.“
Date final rule appeared in the Federal Register: 01/08/01;
Title: Intelligent Transportation System Architecture and Standards;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/07/01
Extended effective date: 04/08/01
Date of action extending effective date: 02/07/01
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 7, 2001, FHWA published a final rule delaying the
effective date of the regulation from February 7, 2001, until April 8,
2001. The rule took effect on that date. Subsequently, on April 18,
2001, FHWA published a final rule making technical corrections to the
regulation. FHWA said these corrections were needed because the
effective date had been extended without any changes to two dates
cited in the regulation that were intended to be based on the
effective date.
Date final rule appeared in the Federal Register: 01/09/01;
Title: Regattas and Marine Parades;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 03/12/01;
Extended effective date: 05/11/01;
Date of action extending effective date: 02/09/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 9, 2001, the Coast Guard (CG) published a final rule
delaying the effective date of the regulation from March 12, 2001, to
May 11, 2001. The rule took effect on that date.
Date final rule appeared in the Federal Register: 01/10/01;
Title: Revision to Federal Blood Alcohol Concentration (BAC) Standard
for Recreational Vessel Operators;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 03/12/01;
Extended effective date: 05/11/01;
Date of action extending effective date: 02/09/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 9, 2001, CG published a final rule delaying the effective
date of the regulation from March 12, 2001, to May 11, 2001. The rule
took effect on that date.
Date final rule appeared in the Federal Register: 1/10/01;
Title: Civil Penalty Actions in Commercial Space Transportation;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/09/01
Extended effective date: 04/10/01
Date of action extending effective date: 02/08/01
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 8, 2001, FAA published a final rule delaying the effective
date of the regulation from February 9, 2001, to April 10, 2001. The
rule took effect on that date.
Date final rule appeared in the Federal Register: 01/10/01;
Title: Track Safety Standard;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 04/10/01;
Extended effective date: 06/09/01;
Date of action extending effective date: 02/09/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 9, 2001, the Federal Railroad Administration (FRA)
published a final rule delaying the effective date of the regulation
from April 10, 2001, to June 9, 2001. The rule took effect on that
date.
Date final rule appeared in the Federal Register: 01/11/01;
Title: Federal Motor Carrier Safety Regulations; Definition of
Commercial Motor Vehicles (CMV); Requirements for Operators of Small
Passenger-Carrying CMVs;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/12/01;
Extended effective date: 04/13/01;
Date of action extending effective date: 02/09/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 9, 2001, the Federal Motor Carrier Safety Administration
published a final rule delaying the effective date of the regulation
from February 12, 2001, to April 13, 2001. The rule took effect on
that date.
Date final rule appeared in the Federal Register: 01/17/01;
Title: Brake System Safety Standards for Freight and Other Non-
Passenger Trains and Equipment: End of Train Devices;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 04/01/01;
Extended effective date: 05/31/01;
Date of action extending effective date: 02/12/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 12, 2001, FRA published a final rule delaying the
effective date from April 1, 2001, until May 31, 2001. The rule took
effect on that date. FRA received several petitions for
reconsideration requesting that the agency either amend or clarify the
rule. On May 31, 2001, FRA published a final rule, effective
immediately, that delayed the compliance date for one of the rule‘s
requirements to a ’future date to be specified.“ FRA said that it took
this action in response to a petition from the Association of American
Railroads. On August 1, 2001, FRA published a final rule, effective
immediately, which clarified and amended the January 17, 2001, rule.
FRA said it did so in response to another petition for
reconsideration, and that it would respond to other petitions for
reconsideration ’in the near future.“
Environmental Protection Agency (8):
Date final rule appeared in the Federal Register: 08/10/00;
Title: Amendments to Standards of Performance for New Stationary
Sources; Monitoring Requirements;
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 02/06/01;
Extended effective date: 04/09/01;
Date of action extending effective date: 02/06/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 6, 2001, the Environmental Protection Agency (EPA)
published a final rule delaying the effective date of the regulation
from February 6, 2001, to April 9, 2001. The rule took effect on that
date.
Date final rule appeared in the Federal Register: 11/28/00;
Title: Georgia: Final Authorization of State Hazardous Waste
Management Program Revision;
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 01/29/01;
Extended effective date: 03/30/01;
Date of action extending effective date: 01/29/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on January 29, 2001, EPA published a final rule delaying the effective
date of the regulation from January 29, 2001, to March 30, 2001. The
rule took effect on that date.
Date final rule appeared in the Federal Register: 11/29/00;
Title: Petition by American Samoa for Exemption From Anti-Dumping
Requirements for Conventional Gasoline;
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 01/29/01;
Extended effective date: 03/30/01;
Date of action extending effective date: 01/29/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on January 29, 2001, EPA published a final rule delaying the effective
date of the regulation from January 29, 2001, to March 30, 2001. The
rule took effect on that date.
Date final rule appeared in the Federal Register: 12/26/00;
Title: Significant New Uses of Certain Chemical Substances;
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 02/26/01;
Extended effective date: 04/27/01;
Date of action extending effective date: 02/07/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 7, 2001, EPA published a final rule delaying the effective
date of the regulation from February 26, 2001, until April 27, 2001.
The rule took effect on that date.
Date final rule appeared in the Federal Register: 01/09/01;
Title: Environmental Program Grants–State, Interstate, and Local
Government Agencies;
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 02/08/01;
Extended effective date: 04/09/01;
Date of action extending effective date: 02/07/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 7, 2001, EPA published a final rule delaying the effective
date of the regulation from February 8, 2001, to April 9, 2001. The
rule took effect on that date.
Date final rule appeared in the Federal Register: 01/16/01;
Title: Environmental Program Grants for Tribes;
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 02/15/01;
Extended effective date: 04/17/01;
Date of action extending effective date: 02/09/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 9, 2001, EPA published a final rule delaying the effective
date of the regulation from February 15, 2001, to April 17, 2001. The
rule took effect on that date.
Date final rule appeared in the Federal Register: 01/17/01;
Title: Lead and Lead Compounds; Lowering of Reporting Thresholds;
Community Right-to-Know Toxic Chemical Release Reporting;
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 02/16/01;
Extended effective date: 04/17/01;
Date of action extending effective date: 02/16/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 16, 2001, EPA published a final rule delaying the
effective date of the regulation from February 16, 2001, until April
17, 2001. Subsequently, in an April 9, 2001, letter to EPA, the Small
Business Administration‘s Office of Advocacy said the agency did not
use sound science as the basis of its January 17, 2001, rule, and did
not properly certify the rule under the Regulatory Flexibility Act. On
April 10, 2001, a coalition of metal industry groups filed a lawsuit
seeking withdrawal of the rule. (Ad Hoc Metals Coalition v. EPA,
D.D.C., No. 01CV00766) Another lawsuit was filed by the National
Federation of Independent Businesses (NFIB) on April 26, 2001 (NFIB
vs. EPA, D.D.C., No. 01CV900) On April 17, 2001, EPA announced that it
would not change the final rule, and the rule became effective on that
date. On September 10, 2001, EPA posted on its web site draft guidance
on how to report releases under the new rule. Reporting for 2001 must
be submitted to EPA by July 2002.
Date final rule appeared in the Federal Register: 01/22/01;
Title: National Primary Drinking Water Regulations; Arsenic and
Clarifications to Compliance and New Source Contaminants Monitoring
(Sets goals and maximum contaminant levels for arsenic in community
water systems and nontransient noncommunity water systems);
Major rule: [Check];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 03/23/01;
Extended effective date: 05/22/01; 02/22/02;
Date of action extending effective date: 03/23/01; 04/23/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on March 23, 2001, EPA published a final rule delaying the effective
date from March 23, 2001, until May 22, 2001. Subsequently, on April
23, 2001, EPA published a notice of proposed rulemaking to extend the
effective date for 9 months to February 22, 2002. EPA said it took
this action to "reassess the scientific and cost issues associated
with this rule and seek further public input on each of these issues."
EPA also said that it would request the National Academy of Sciences
to convene a panel of scientific experts to (1) review EPA's
interpretation and application of arsenic research and (2) review and
evaluate any new arsenic research. At the same time, EPA said that it
would work with the National Drinking Water Advisory Council to review
the assumptions and methodologies underlying the estimate of arsenic
compliance costs. On May 22, 2001, EPA published a final rule that
confirmed the 9-month delay in effective date proposed by the agency
on April 23, 2001. On June 15, 2001, EPA published a notice announcing
three meetings of the Arsenic Cost Working Group of the National
Drinking Water Advisory Council. On July 19, 2001, the agency
published a proposed rule that requested comments on a range of
maximum contaminant level (MCL) options for the arsenic in drinking
water rule. Comments were due by October 31, 2001. On October 5, 2001,
EPA published a notice announcing the availability of three reports
and recommendations on the science, cost of compliance, and benefits
analyses in support of its rule on arsenic in drinking water. These
reports were made available to allow commenters to consider this
information in preparing their comments on the July 19, 2001,
proposal. On November 26, 2001, Congress enacted the Departments of
Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2002, that included language that
prohibited EPA from using the funds to delay the January 22, 2001,
rule. According to the December 2001 OIRA report on the costs and
benefits of federal regulations, EPA has concluded all expert reviews
and is in the process of completing a final arsenic in drinking water
rule to be published by February 22, 2002. EPA Administrator Whitman
has indicated that the final rule will effectively reinstate the level
of protection reflected in the January 22, 2001, rule. Also in this
report, OIRA identified this rule for ’high priority“ review.
Department of Defense and the Environmental Protection Agency (1):
Date final rule appeared in the Federal Register: 01/17/01;
Title: Further Revisions to the Clean Water Act Regulatory Definition
of "Discharge of Dredged Material";
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 02/16/01;
Extended effective date: 04/17/01;
Date of action extending effective date: 02/15/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 15, 2001, the Department of Defense (DOD) and EPA
published a final rule delaying the effective date of the regulation
from February 16, 2001, to April 17, 2001. The rule took effect on
that date.
Department of Defense, General Services Administration and National
Aeronautics and Space Administration (1):
Date final rule appeared in the Federal Register: 01/10/01;
Title: Federal Acquisition Circular 97-22 (Summarizes the agreements
reached between the Civilian Agency Acquisition Council and the
Defense Acquisition Council regarding Federal Acquisition Regulations
rules on clarification of definitions, advance payment for
noncommercial items, assignment of claims, and flowdown of clauses
from contractors to subcontractors);
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 03/12/01;
Extended effective date: 05/11/01;
Date of action extending effective date: 03/09/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on March 9, 2001, DOD, the General Services Administration (GSA) and
the National Aeronautics and Space Administration (NASA) published a
final rule delaying the effective date of parts of the regulation from
March 12, 2001, to May 11, 2001.
Department of the Treasury, Federal Reserve System, and the Federal
Deposit Insurance Corporation (1):
Date final rule appeared in the Federal Register: 12/04/00;
Title: Consumer Protections for Depository Institution Sales of
Insurance;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 04/01/01;
Extended effective date: 10/01/01;
Date of action extending effective date: 03/19/01;
Summary of rulemaking and other actions[A]: On March 19, 2001, the
promulgating agencies published a final rule that delayed the
effective date of this rule until October 1, 2001, but the agencies
did not mention the Card memo. The agencies said that they were
delaying the effective date because they had received a number of
comments indicating that many depository institutions would be unable
to comply with the regulations by the original April 1, 2001,
effective date.
Departments of the Treasury, Labor, and Health and Human Services (1):
Date final rule appeared in the Federal Register: 01/08/01;
Title: Interim Final Rule for Nondiscrimination in Health Coverage in
the Group Market;
Major rule: [Check];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 03/09/01;
Extended effective date: 05/08/01;
Date of action extending effective date: 03/09/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on March 9, 2001, the promulgating agencies published a final rule
delaying the effective date of the regulation from March 9, 2001, to
May 8, 2001. The rule took effect on that date.
Office of Personnel Management (2):
Date final rule appeared in the Federal Register: 12/28/00;
Title: Suitability (Suitability for employment in competitive service
positions and Senior Executive Service career appointments);
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 01/29/01;
Extended effective date: 03/30/01;
Date of action extending effective date: 01/26/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on January 26, 2001, the Office of Personnel Management (OPM)
published a final rule delaying the effective date of the regulation
from January 29, 2001, to March 30, 2001.
Date final rule appeared in the Federal Register: 01/11/01;
Title: Repayment of Student Loans;
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/12/01;
Extended effective date: 04/12/01;
Date of action extending effective date: 02/07/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 7, 2001, OPM published a final rule delaying the effective
date of the regulation from February 12, 2001, to April 12, 2001.
Small Business Administration (1):
Date final rule appeared in the Federal Register: 01/22/01;
Title: New Markets Venture Capital Program (Establishes the
requirements for newly formed venture capital companies to make
developmental investments in smaller enterprises located in low-income
geographic areas, provide operational assistance to enterprises
receiving such investments, and allow existing companies to qualify
for grants to provide operational assistance);
Major rule: [Empty];
Significant or substantive rule: [Check];
Rule's effective date as of Card Memo: 02/21/01;
Extended effective date: 04/23/01; 06/22/01;
Date of action extending effective date: 02/20/01; 04/23/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 20, 2001, the Small Business Administration (SBA)
published a final rule delaying the effective date of the regulation
from February 21, 2001, until April 23, 2001. Subsequently, on April
23, 2001, SBA published a final rule that further extended the
effective date to June 22, 2001, ’in order to give the Administration
further opportunities to consider new regulations and to conduct a
rulemaking.“ On the same day, SBA proposed withdrawal of the January
22, 2001, rule, and proposed new regulations to implement the program.
SBA said it intended to implement the proposed rule, which reflects
technical changes based on the agency‘s consideration of specific
comments on the original interim final rule. On May 23, 2001, SBA
published a final rule withdrawing the original rule and making final
the new regulations. SBA said it received no comments on the proposed
withdrawal of the January 22, 2001, rule. On June 19, 2001, SBA
published a final rule making technical corrections to the May 23,
2001, withdrawal action.
Social Security Administration (1):
Date final rule appeared in the Federal Register: 01/12/01;
Title: Testimony by Employees and the Production of Records and
Information in Legal Proceedings;
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 02/12/01;
Extended effective date: 04/13/01;
Date of action extending effective date: 02/12/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 12, 2001, the Social Security Administration published a
final rule delaying the effective date from February 12, 2001, until
April 13, 2001. Subsequently, on March 12, 2001, the agency published
a correction to the final regulations.
Corporation for National and Community Service (1):
Date final rule appeared in the Federal Register: 12/13/00;
Title: AmeriCorps Education Awards;
Major rule: [Empty];
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 02/12/01;
Extended effective date: 04/13/01;
Date of action extending effective date: 02/12/01;
Summary of rulemaking and other actions[A]: Pursuant to the Card memo,
on February 12, 2001, the Corporation for National and Community
Service published a final rule delaying the effective date of the
regulation February 12, 2001, to April 13, 2001.
Sources: GAO analysis of Federal Register publications.
[A] The Federal Register indicated that some of the rules' effective
dates had been delayed, but no subsequent rulemaking action was
indicated. Because further delays in the effective dates would have
required new rulemaking, we concluded that the rules appeared to have
taken effect.
[B] Making Sense of Regulation: 2001 Report to Congress on the Costs
and Benefits of Regulations and Unfunded Mandates on State, Local, and
Tribal Entities (Dec. 21, 2001)
[C] In this appendix, the phrase "pursuant to the Card memo" indicates
that the agency specifically cited the Card memorandum as the reason
for the delay in the effective date.
[D] Prior to July 1, 2001, CMS was known as the Health Care Financing
Administration.
[End of table]
[End of section]
Footnotes:
[1] See Jay Cochran, III, The Cinderella Constraint: Why Regulations
Increase Significantly During Post -Election Quarters, Mercatus Center
(Oct. 5, 2000).
[2] Independent regulatory agencies include among others, the Federal
Communications Commission, the Nuclear Regulatory Commission, and the
Securities and Exchange Commission.
[3] The Congressional Review Act provides that before a rule becomes
effective, the agency promulgating the rule must submit to each House
of Congress and the Comptroller General a report containing (1) a copy
of the rule, (2) a concise general statement relating to the rule, and
(3) the proposed effective date of the rule.
[4] For a discussion of this issue, see U.S. General Accounting
Office, Federal Rulemaking: Agencies Often Published Final Actions
Without Proposed Rules, [hyperlink,
http://www.gao.gov/products/GAO/GGD-98-126] (Washington, D.C.: 1998).
[5] See 66 Fed. Reg. 9673 (Feb. 9, 2001).
[6] Making Sense of Regulation: 2001 Report to Congress on the Costs
and Benefits of Regulations and Unfunded Mandates on State, Local, and
Tribal Entities (Dec. 21, 2001).
[7] See 66 Fed. Reg. 5001.
[8] See 66 Fed. Reg. 5327.
[9] See 66 Fed. Reg. 5447.
[10] The Congressional Review Act defines a "major" rule as, among
other things, having at least a $100 million impact on the economy.
[11] These rules were the USDA "national organic program" rule
(delayed at 66 Fed. Reg. 15619, Mar. 20, 2001) and the HHS rule on
"standards for privacy of individually identifiable health
information" (delayed at 66 Fed. Reg. 12434, Feb. 26, 2001). Under the
Congressional Review Act, a major rule cannot become effective until
60 days after it is submitted to Congress or published in the Federal
Register, whichever is later.
[12] See 66 Fed. Reg. 8151 (Jan. 30, 2001).
[13] See 66 Fed. Reg. 37137 (July 17, 2001).
[14] The NHTSA rule was delayed at 66 Fed. Reg. 20199 (Apr. 20, 2001).
[15] The FDA rule was delayed at 66 Fed. Reg. 7864 (Jan. 26, 2001).
[16] These rules were the OSHA rule on safety standards for steel
erection; DOT's Federal Aviation Administration rules on "special
flight rules" for the Grand Canyon National Park (delayed at 66 Fed.
Reg. 16582, Mar. 26, 2001) and "service difficulty reports" (delayed
at 66 Fed. Reg. 21625, Apr. 30, 2001); and a rule issued jointly by
the Department of the Treasury, Federal Reserve System, and the
Federal Deposit Insurance Corporation on "consumer protections for
depository institution sales of insurance" (delayed at 66 Fed. Reg.
15345, Mar. 19, 2001).
[17] In a few cases the agencies published documents in the Federal
Register indicating that the delayed rules were taking effect either
on the amended effective date or earlier. However, we could find no
subsequent rulemaking in the Federal Register for most of these 75
rules. Because further delays or amendments to the rule would have
required subsequent rulemaking, we believe that they became effective
on or before their amended effective dates.
[18] See 66 Fed. Reg. 28341.
[19] Kootenai Tribe of Idaho v. Veneman, 142 F.Supp. 2d 1231 (D. Idaho
2001).
[20] See 66 Fed. Reg. 2091.
[21] See 66 Fed. Reg. 35518.
[22] See 66 Fed. Reg. 58912.
[23] See 66 Fed. Reg. 63294.
[24] See 66 Fed. Reg. 56608.
[25] See 66 Fed. Reg. 56775.
[26] See 66 Fed. Reg. 56762.
[27] See 66 Fed. Reg. 28602.
[28] See 66 Fed. Reg. 28110.
[29] See 66 Fed. Reg. 29501.
[30] See 66 Fed. Reg. 39683.
[31] See 66 Fed. Reg. 52849.
[32] See 66 Fed. Reg. 60157.
[33] See 66 Fed. Reg. 64358.
[34] See 66 Fed. Reg. 38822.
[35] See 66 Fed. Reg. 43614.
[36] See 66 Fed. Reg. 56616.
[37] According to OMB, a prompt letter is sent on OMB's initiative,
suggests an issue that OMB believes is worthy of agency priority, and
contains a suggestion for how the agency can improve its regulations.
[End of section]
