Regulatory Review: Delay of Effective Dates of Final Rules	 
Subject to Administration's January 20, 2001, Memorandum	 
(15-FEB-02, GAO-02-370R).					 
								 
Citing the desire to "ensure that the President's appointees have
the opportunity to review any new or pending regulations,"	 
Assistant to the President and 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 (OFR),	 
(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's found	 
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 GAO could find no indication in the Federal Register  
of a delay.							 
-------------------------Indexing Terms------------------------- 
REPORTNUM:   GAO-02-370R					        
    ACCNO:   A02774						        
  TITLE:     Regulatory Review: Delay of Effective Dates of Final     
Rules Subject to Administration's January 20, 2001, Memorandum	 
     DATE:   02/15/2002 
  SUBJECT:   Federal regulations				 
	     Presidential transition				 

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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

At the start of the Bush administration, as in other recent new
administrations, there

1

were hundreds of federal regulations at various stages of the rulemaking
process. 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

1See Jay Cochran, III, The Cinderella Constraint: Why Regulations Increase
Significantly During Post -Election Quarters, Mercatus Center (Oct. 5,
2000).

                 GAO-02-370R Delay of Rule Effective Dates

agencies, it said that those agencies were "encouraged to participate
voluntarily in this review."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.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 (HHS),
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).

2Independent regulatory agencies include among others, the Federal
Communications Commission, the Nuclear Regulatory Commission, and the
Securities and Exchange Commission. 3The 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.

              Page 2 GAO-02-370R Delay of Rule Effective Dates

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."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

4For a discussion of this issue, see U.S. General Accounting Office, Federal
Rulemaking: Agencies Often Published Final Actions Without Proposed Rules,
GAO/GGD-98-126 (Washington, D.C.: 1998).

              Page 3 GAO-02-370R Delay of Rule Effective Dates

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 HHS (29 rules).

Table 1: About Three-Quarters of Final Rules Subject to the Card Memorandum
Were Not Delayed

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).

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

              Page 4 GAO-02-370R Delay of Rule Effective Dates

5

dates. 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.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,
2001.7

* 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, 2001.8

* 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, 2001.9

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

HHS, 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

10

they considered 12 of those rules "major" under the Congressional Review
Act.

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.

5See 66 Fed. Reg. 9673 (Feb. 9, 2001).
6Making 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).
7See 66 Fed. Reg. 5001.
8See 66 Fed. Reg. 5327.
9See 66 Fed. Reg. 5447.
10The Congressional Review Act defines a "major" rule as, among other
things, having at least a $100
million impact on the economy.

              Page 5 GAO-02-370R Delay of Rule Effective Dates

* The agencies issuing two of these rules indicated that they were being
delayed because of requirements in the Congressional Review Act.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

12

program requirements and objectives would be met.

* 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.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.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.15 The effective dates for
four other rules were initially delayed for between 6 and 8 months.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.

11These 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.
12See 66 Fed. Reg. 8151 (Jan. 30, 2001).
13See 66 Fed. Reg. 37137 (July 17, 2001).
14The NHTSA rule was delayed at 66 Fed. Reg. 20199 (Apr. 20, 2001).
15The FDA rule was delayed at 66 Fed. Reg. 7864 (Jan. 26, 2001).
16These 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).

              Page 6 GAO-02-370R Delay of Rule Effective Dates

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, 2002.17 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

Source:
GAO
analysis
of
Federal
Register
publications.

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.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

17In 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.
18See 66 Fed. Reg. 28341.

              Page 7 GAO-02-370R Delay of Rule Effective Dates

19

conservation" rule. 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.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.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, 2003.22 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, 2003.23 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."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.

19Kootenai Tribe of Idaho v. Veneman, 142 F.Supp. 2d 1231 (D. Idaho 2001).
20See 66 Fed. Reg. 2091.
21See 66 Fed. Reg. 35518.
22See 66 Fed. Reg. 58912.
23See 66 Fed. Reg. 63294.
24See 66 Fed. Reg. 56608.

              Page 8 GAO-02-370R Delay of Rule Effective Dates

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."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.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.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 21.28 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."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

25See 66 Fed. Reg. 56775. 26See 66 Fed. Reg. 56762. 27See 66 Fed. Reg.
28602. 28See 66 Fed. Reg. 28110. 29See 66 Fed. Reg. 29501.

              Page 9 GAO-02-370R Delay of Rule Effective Dates

clarified and amended the maintenance and testing requirements in the
rule.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, 2002.31 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.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

33

strength. 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

34

conservation standards. 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."

30See 66 Fed. Reg. 39683. 31See 66 Fed. Reg. 52849. 32See 66 Fed. Reg.
60157. 33See 66 Fed. Reg. 64358. 34See 66 Fed. Reg. 38822.

             Page 10 GAO-02-370R Delay of Rule Effective Dates

* 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."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."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."37

35See 66 Fed. Reg. 43614.
36See 66 Fed. Reg. 56616.
37According 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.

             Page 11 GAO-02-370R Delay of Rule Effective Dates

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 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.

Victor S. Rezendes Managing Director Strategic Issues

             Page 12 GAO-02-370R Delay of Rule Effective Dates

                                                                 Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                                                                             On January
                                 effective            action                                                                              30, 2001, the
                                 date as of           extending                                                                           Agricultural
                                 Card Memo            effective                                                                           Marketing
                                                      date                                                                                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.         
                                                                                                 Livestock and                            In its                
                                                                                                 Grain Market                             December 2001         
                                                                                                 News Branch:                             report on the         
                                                                                                 Livestock                                costs and             
                                                                                                 Mandatory                                benefits of           Specifically 
                                                                                                 Reporting                                federal               Approved 
                                                                                                 (Establishes                             regulations,          States 
                                                                                                 a mandatory                              the Office of         Authorized 
                                                                                                 program of                               Information           to Receive 
                                                                                                 reporting                                and                   Mares and 
                                                                                                 information                              Regulatory            Stallions 
Date                                                                                             regarding the                            Affairs               Imported 
final                                                                                            marketing of                             (OIRA) said           from Regions 
rule                                                                                             cattle,                                  that this             Where 
appeared             Significant                                 Summary of  Department          swine, lambs,                            rule went             [Contagious 
in the               or                     Extended             rulemaking      of              and products                             into effect           Equine 
Federal        Major substantive            effective            and other   Agriculture         of such                                  on April 2,           Metritis] 
Register  Titlerule  rule                   date                 actions 1      (10)     12/01/00livestock.)   X 01/30/0104/02/01 01/30/012001. 2       12/18/00CEM Exists  

1The 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.
2 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)
3 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.

          Page 13 GAO-02-370R Delay of Regulatory Effective Dates

                                                                     Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                                                                                   On March 20,
                                 effective            action                                                                                    2001, AMS
                                 date as of           extending                                                                                 published a
                                 Card Memo            effective                                                                                 final rule
                                                      date                                                                                      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  
                                                                                                       National                                 rule to take    
                                                                                                       Organic                                  effect until    
                                                                                                       Program (The                             60 days after   bruary Nutrition he Food and Nutrition Service
                                                                                                       National                                 it has been     2001. TProgram for  effect on that date. On Augueffective date
                                                                                                       Organic                                  submitted to    egulatiWomen, Infants y 27, 2002, until October of the
                                                                                                       Program                                  Congress and    
                                                                                                       establishes                              the             
                                                                                                       national                                 Comptroller     
                                                                                                       standards                                General. AMS    
                                                                                                       for the                                  did not submit  
                                                                                                       production                               the rule to     
                                                                                                       and handling                             Congress and    
                                                                                                       of                                       the             
                                                                                                       organically                              Comptroller     
                                                                                                       produced                                 General until   
                                                                                                       products,                                February 20,    
                                                                                                       including a                              2001. In its    
                                                                                                       list of                                  December 2001   
                                                                                                       those                                    report on the   
                                                                                                       substances                               costs and       
                                                                                                       approved                                 benefits of     
Date                                                                            APHIS                  for, or                                  federal         
final                                                                           reestablished          prohibited                               regulations,    
rule                                                                            and confirmed          from, use in                             OIRA said that  
appeared             Significant                                 Summary of     the original           organic                                  this rule went  
in the               or                     Extended             rulemaking     effective date         production                               into effect on  
Federal        Major substantive            effective            and other      of February            and                                      April 21,       
Register  Titlerule  rule                   date                 actions 1      16, 2001.     12/21/00 handling.)  X X02/20/01 04/21/0103/20/01 2001.         12/29/00 including  

          Page 14 GAO-02-370R Delay of Regulatory Effective Dates

                                                                                                                                        Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                                                                                                   
                                 effective            action                                                                                                    
                                 date as of           extending                                                                                                 
                                 Card Memo            effective                                                                                                 
                                                      date                                                                                                      
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                 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                                                      
Date                                                                                             published a                                                    
final                                                                                            final rule                                                     
rule                                                                                             delaying the                                                   
appeared             Significant                                 Summary of                      implementation             Animal                              
in the               or                     Extended             rulemaking                      date until                Welfare;                             
Federal        Major substantive            effective            and other   compliance          October 1,              Confiscation                           
Register  Titlerule  rule                   date                 actions 1   investigations.)    2002.          01/03/01  of Animals   02/02/01 04/03/0102/02/01 

          Page 15 GAO-02-370R Delay of Regulatory Effective Dates

     Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                   May 12, 2001,
                                 effective            action                    and that
                                 date as of           extending                 amendments
                                 Card Memo            effective                 would be
                                                      date                      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
Date                                                                            give the public
final                                                                           an opportunity
rule                                                                            to comment on a
appeared             Significant                                 Summary of     number of key
in the               or                     Extended             rulemaking     issues that
Federal        Major substantive            effective            and other      have been
Register  Titlerule  rule                   date                 actions 1      raised

          Page 16 GAO-02-370R Delay of Regulatory Effective Dates

                                                                       Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                                                                                   Pursuant to
                                 effective            action                                                                                    the Card memo,
                                 date as of           extending                                                                                 on February 5,
                                 Card Memo            effective                                                                                 2001, FNS
                                                      date                                                                                      published a
                                                                                                                                                final rule
                                                                                                                                                delaying the
                                                                                                                                                effective date
                                                                                                                                                of the
                                                                                                                                                regulation
                                                                                                                                                from February
                                                                                                                                                12, 2001, to
                                                                                                                                                April 13,
                                                                                                                                                2001.
                                                                                                                                                Subsequently,
                                                                                                                                                on April 12,
                                                                                regarding the                                                   2001, FNS       NS published a final rule that extended the
                                                                                protection of                                                   published a      the Food, Nutrition, and Consumer Service an
                                                                                roadless                                                        final rule      
                                                                                areas. In                                                       that further    
                                                                                January 2002,                                                   delayed the     
                                                                                an FS                                                           rule by 120     
                                                                                official was                                                    days to August  
                                                                                quoted in the                                                   13, 2001. FNS   
                                                                                press as                                                        said it did so  
                                                                                saying that                                                     to give         
                                                                                the agency                                                      Department      
                                                                                may                                                             officials the   
                                                                                participate                                                     opportunity     
                                                                                in a dialogue                                                   for further     
                                                                                with other                                                      review of the   
                                                                                interested                                                      rule and for    
                                                                                parties in                                                      consideration   
                                                                                early 2002,                                                     of new          
                                                                                and may                                                         regulations.    
                                                                                propose new                                                     The rule took   
                                                                                roadless area                                                   effect on       
                                                                                regulations                                                     August 13,      
                                                                                later in the                                                    2001.           
                                                                                year. In its                                                                    
                                                                                December 2001                                                                   
                                                                                report on the                                                                   
                                                                                cost and                                                                        
                                                                                benefits of            Food Stamp                                               
                                                                                federal                 Program:                                                
Date                                                                            regulations,          Revisions to                                              
final                                                                           OIRA                   the Retail                                               
rule                                                                            identified             Food Store                                               
appeared             Significant                                 Summary of     this rule for          Definition                                               
in the               or                     Extended             rulemaking     "high                  and Program                                              
Federal        Major substantive            effective            and other      priority"             Authorization          04/13/01  02/05/01                 
Register  Titlerule  rule                   date                 actions 1      review.      01/12/01   Guidance    02/12/01 08/13/01 04/12/01                01/17/01 Act of 1996  

          Page 17 GAO-02-370R Delay of Regulatory Effective Dates

                                                                                                                                                                
                                 Rule's               Date of                                                                                         Pursuant to the 
                                 effective            action                                                                                          Card memo, on 
                                 date as of           extending                                                                                       February 27, 
                                 Card Memo            effective                                                                                       2001, the 
                                                      date                                                                                            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.     

                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                          Magnuson-Stevens                                      
                                                                                                          Fishery                                               
                                                                                                          Conservation and                                      
                                                                                                          Management Act                                        
                                                                                                          Provisions;                                           
                                                                                                          Fisheries of the                                      
Date                                                                                                      Northeastern                                          
final                                                                            rule                     United States;                                        
rule                                                                             took                     Atlantic Herring                                      
appeared             Significant                                 Summary of     effect Department         Fishery;                                              
in the               or                     Extended             rulemaking     on July    of             Atlantic Herring                                      
Federal        Major substantive            effective            and other        31,   Commerce          Fishery                                               
Register  Titlerule  rule                   date                 actions 1      2001.     (2)     12/11/00Management Plan  X 03/12/0105/11/01 02/27/01          

          Page 18 GAO-02-370R Delay of Regulatory Effective Dates

                                                                                                    Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                                                                                     Pursuant to   
                                 effective            action                                                                                      the Card memo, 
                                 date as of           extending                                                                                   on February 2, 
                                 Card Memo            effective                                                                                   2001, DOE     
                                                      date                                                                                        published a   
                                                                                                                                                  final rule    
                                                                                                                                                  delaying the  
                                                                                                                                                  effective date 
                                                                                                                                                  of the        
                                                                                                                                                  regulation    
                                                                                                                                                  from February 001. 
                                                                                                                                                  12, 2001, to  
                                                                                                                                                  April 13,     
                                                                                                                                                  2001.         
                                                                                                                                                  Subsequently, 
                                                                                                                                                  on May 2,     
                                                                                                                                                  2001, DOE     
                                                                                                                                                  published a   
                                                                                                                                                  final rule    
                                                                                                                                                  stating that  L
                                                                                                                                                  the Department 
                                                                                                                                                  had completed 
                                                                                                                                                  its review and 
                                                                                                                                                  that it was   
                                                                                                                                                  not modifying 
                                                                                                                                                  the rule. DOE 
                                                                                                                                                  also confirmed 
                                                                                                                                                  the April 13, 
                                                                                                                                                  2001,         
                                                                                                                                                  effective     
                                                                                                                                                  date.         
                                                                                                                                                                
                                                                                                                                                                
                                                                                April 10,                                                                       
                                                                                2001.                                                                           
                                                                                Subsequently,                                                                   
                                                                                on April 17,                                                                    
                                                                                2001, DOE                                                                       
                                                                                published a                                                                     
                                                                                final rule                                                                      
                                                                                stating that                                                                    
                                                                                the Department                                                                  01. 
                                                                                had completed                                                                   
                                                                                its review and                                                                  
                                                                                that it was                                                                     
Date                                                                            not modifying                                                                   
final                                                                           the rule. DOE                                                                   
rule                                                                            also confirmed         Alternate Fuel                                           y 9, 2001Heating, Air 
appeared             Significant                                 Summary of     the April 10,          Transportation                                           
in the               or                     Extended             rulemaking     2001,                     Program;                                              
Federal        Major substantive            effective            and other      effective              Biodiesel Fuel                                           
Register  Titlerule  rule                   date                 actions 1      date.         01/11/01   Use Credit    X02/12/01 04/13/0102/02/01               01/12/01 Equipment   

          Page 19 GAO-02-370R Delay of Regulatory Effective Dates

                                                                                                         Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                                                                                         Pursuant to 
                                 effective            action                                                                                          the Card memo, 
                                 date as of           extending                                                                                       on February 2, 
                                 Card Memo            effective                                                                                       2001, DOE 
                                                      date                                                                                            published a 
                                                                                                                                                      final rule 
                                                                                                                                                      delaying the 
                                                                                                                                                      effective date 
                                                                                                                                                      of the    
                                                                                                                                                      regulation 
                                                                                                                                                      from February 
                                                                                                                                                      20, 2001, to , 2001Heating, Air 
                                                                                                                                                      April 23, 
                                                                                                                                                      2001.     
                                                                                                                                                      Subsequently, 
                                                                                                                                                      on April 11, 12/01 Equipment   
                                                                                                                                                      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.     
                                                                                                                                                                a 
                                                                                                                                                                a 
                                                                                                                                                                a 
                                                                                                                                                                a 
                                                                                                                                                                a 
                                                                                                                                                                a 
                                                                                                                                                                a 
                                                                                                                                                                a 
                                                                                                                                                                a 
                                                                                                                                                                a 
                                                                                                                                                                a 
                                                                                                                                                                a 
                                                                                final rule               Nondiscrimination                                      
Date                                                                            denying a                 on the Basis of                                       
final                                                                           petition for             Sex in Education                                       
rule                                                                            reconsideration             Programs or                                         
appeared             Significant                                 Summary of     of the rule, and            Activities                                          
in the               or                     Extended             rulemaking     confirming its           Receiving Federal                                      
Federal        Major substantive            effective            and other      April 13, 2001,              Financial                                          
Register  Titlerule  rule                   date                 actions 1      effective date. 01/18/01    Assistance     X02/20/01 04/23/0102/02/01           

          Page 20 GAO-02-370R Delay of Regulatory Effective Dates

                                               Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                                 final rule,                                                       
                                 effective            action                                  effective                                                         01Card memo, on
                                 date as of           extending                               November 29,                                                      
                                 Card Memo            effective                               2001,                                                             
                                                      date                                    amending one                                                      
                                                                                              section of                                                        
                                                                                              the rule to                                                       a effective date of
                                                                                              address the                                                        
                                                                                              scope of the                                                      atfrom February 21,
                                                                                              whistle                                                           
                                                                                              blower                                                            it23, 2001.
                                                                                              protection                                                         
                                                                                              program. The                                                      s not change the
                                                                                              change was                                                        indate when the
                                                                                              made pursuant                                                     DOrule would be
                                                                                              to a comment                                                      rmenforceable
                                                                                              from the                                                          s against
                                                                                              Special                                                           
                                                                                              Counsel of                                                        
                                                                                              the U.S.                                                          
                                                                                              Office of the                                                     
                                                                                              Special                                                           
                                                                                              Counsel                                                           01petition from the
                                                                                              clarifying                                                        
                                                                                              that                                                              
                                                                                              disclosure of                                                     
                                                                                              information                                                       
                                                                                              is also                                                           
                                                                                              protected                                                         
                                                                                              under the                                                         
                                                                                              Whistleblower                                                     
                                                                                              Protection                                                        
                                                                                              Act of 1989.                                                      
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                    Energy                                      
                                                                                                                    Conservation                                
                                                                                                                    Program for                                 
                                                                                                                    Consumer                                    
Date                                                                                                                Products;                                   
final                                                                                                               Central Air                                 
rule                                                                                                                Conditioners                                
appeared             Significant                                 Summary of                                         and Heat Pump                               
in the               or                     Extended             rulemaking      other                              Energy                                      
Federal        Major substantive            effective            and other     controlled                           Conservation              04/23/01   02/02/01 rulemaking that
Register  Titlerule  rule                   date                 actions 1   information.)                 01/22/01 Standards    X X02/21/01 indefinite 04/20/01  would

          Page 21 GAO-02-370R Delay of Regulatory Effective Dates

      Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                   be forthcoming.
                                 effective            action                    On July 25, 2001,
                                 date as of           extending                 DOE published a
                                 Card Memo            effective                 supplemental
                                                      date                      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
Date                                                                            in 2001." On
final                                                                           September 27,
rule                                                                            2001, DOE
appeared             Significant                                 Summary of     published a
in the               or                     Extended             rulemaking     proposed rule
Federal        Major substantive            effective            and other      that extended the
Register  Titlerule  rule                   date                 actions 1      comment period to

          Page 22 GAO-02-370R Delay of Regulatory Effective Dates

                                                                          Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                                                                                             Prior to the
                                 effective            action                                                                                              publication of
                                 date as of           extending                                                                                           the Card memo,
                                 Card Memo            effective                                                                                           on May 3,
                                                      date                                                                                                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 
                                                                                October 19,                                                               address 
                                                                                2001. In its                                                              concerns 
                                                                                  December                                                                raised by 
                                                                                2001 report                    Prescription                               affected 
                                                                                on the cost                    Drug Marketing                             parties about 
                                                                                and benefits                   Act of 1987:                               the   
                                                                                 of federal                    Prescription                               requirements. 
Date                                                                            regulations,                   Drug Amendments                            However, FDA 
final                                                                               OIRA                       of 1992;                                   noted that the 
rule                                                                             identified Department         Policies,                                  extension 
appeared             Significant                                 Summary of      this rule   of Health         Requirements                               satisfied the 
in the               or                     Extended             rulemaking      for "high   and Human         and                                        60 days 
Federal        Major substantive            effective            and other       priority"   Services          Administrative                             required by 
Register  Titlerule  rule                   date                 actions 1        review.      (16)    12/03/99Procedures      X 10/01/0104/01/02 03/01/01the Card memo. 01/26/00products.)  

          Page 23 GAO-02-370R Delay of Regulatory Effective Dates

                                                                                       Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                                                                 Pursuant to                       
                                 effective            action                                                                  the Card                          
                                 date as of           extending                                                               memo, on                          
                                 Card Memo            effective                                                               February                          
                                                      date                                                                    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.                             
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                     Postmarketing                                                              
                                                                                     Studies for                                                                
Date                                                                                 Approved                                                                   
final                                                                                Human Drug                                                                 
rule                                                                                 and Licensed                                                               
appeared             Significant                                 Summary of          Biological                                                   National      
in the               or                     Extended             rulemaking          Products;                                                    Medical       
Federal        Major substantive            effective            and other           Status                                                       Support       
Register  Titlerule  rule                   date                 actions 1  10/30/00 Reports       X02/27/01 04/30/0102/20/01            12/27/00 Notice   X01/26/01 03/27/0101/26/01 

          Page 24 GAO-02-370R Delay of Regulatory Effective Dates

                                                                       Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                                                                                     Section
                                 effective            action                                                                                      424.22(d) of
                                 date as of           extending                                                                                   the rule was
                                 Card Memo            effective                                                                                   originally
                                                      date                                                                                        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)4
                                                                                                                                                  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    
                                                                                   In its                                                         411.354(d)(1) 
                                                                                December 2001                                                     of the rule   
                                                                                report on the                                                     until January 
                                                                                  cost and             Medicare and                               6, 2003. CMS  
                                                                                 benefits of             Medicaid                                 said this     
                                                                                   federal              Programs;                                 extension     
Date                                                                            regulations,           Physicians'                                would give    
final                                                                               OIRA               Referrals to                               officials the 
rule                                                                             identified            Health Care                                opportunity to 
appeared             Significant                                 Summary of     this rule for         Entities With                               reconsider a  
in the               or                     Extended             rulemaking         "high               Which They                                key definition 
Federal        Major substantive            effective            and other        priority"           Have Financial  02/05/01 04/06/01  02/02/01 of the        
Register  Titlerule  rule                   date                 actions 1        review.    01/04/01 Relationships  01/04/02  01/06/03 12/03/01  regulation.   01/11/01 Program  

4 Prior to July 1, 2001, CMS was known as the Health Care Financing
Administration. Page 25 GAO-02-370R Delay of Regulatory Effective Dates

                                                                                                                                                                
                                 Rule's               Date of                   required to                                                      Pursuant to    
                                 effective            action                    properly                                                         the Card       
                                 date as of           extending                 consider and                                                     memo, on       
                                 Card Memo            effective                 promulgate                                                       March 12,      
                                                      date                      necessary                                                        2001, CMS      
                                                                                revisions."                                                      published a    
                                                                                On June 25,                                                      final rule     
                                                                                2001, CMS                                                        delaying       
                                                                                published an                                                     the            
                                                                                interim final                                                    effective      
                                                                                rule that                                                        date of the    
                                                                                revised                                                          regulation     
                                                                                certain                                                          from March     
                                                                                provisions                                                       12, 2001,      
                                                                                and solicited                                                    to May 11,     
                                                                                public                                                           2001. The      
                                                                                comment, made                                                    rule took      
                                                                                technical                                                        effect on      
                                                                                corrections,                                                     that date.     
                                                                                and delayed
                                                                                the effective
                                                                                date until
                                                                                August 24,
                                                                                2001. The
                                                                                amended rule
                                                                                took effect
                                                                                on that date.

                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
Date                                                                                                                                                            
final                                                                                                                                                           
rule                                                                                                  Medicaid:                                                 
appeared             Significant                                 Summary of                           Federal                                                   
in the               or                     Extended             rulemaking                           Financial                                                 
Federal        Major substantive            effective            and other                            Participation                                             
Register  Titlerule  rule                   date                 actions 1                   01/11/01 Limits        X X03/12/01 05/11/0103/12/01            04/07/00 of Abuse Testing  

          Page 26 GAO-02-370R Delay of Regulatory Effective Dates

                                             Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                                  of the
                                 effective            action                                   regulation
                                 date as of           extending                                from March
                                 Card Memo            effective                                19, 2001, to
                                                      date                                     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           Medicare and                               
Date                                                                         women and human   newborns of           Medicaid                                   
final                                                                        fetuses           uncertain             Programs:                                  
rule                                                                         involved in       viability.            Hospital                                   oto amend the
appeared             Significant                                 Summary of  research and      The rule took         Conditions of                              
in the               or                     Extended             rulemaking  pertains to       effect on             Participation:                             
Federal        Major substantive            effective            and other   human in vitro    December 13,          Anesthesia               05/18/01  03/19/01 requirement,
Register  Titlerule  rule                   date                 actions 1   fertilization.)   2001.        01/18/01 Services        03/19/01 11/14/01 05/18/01  permitting

          Page 27 GAO-02-370R Delay of Regulatory Effective Dates

                                       Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                   states to                                                         Pursuant to the
                                 effective            action                    exempt                                                            Card memo, on
                                 date as of           extending                 themselves                                                        February 26,
                                 Card Memo            effective                 from the                                                          2001, CMS
                                                      date                      requirement.                                                      published a final
                                                                                CMS said that                                                     rule delaying the
                                                                                the change                                                        effective and
                                                                                would give                                                        implementation
                                                                                states the                                                        dates of the
                                                                                flexibility                                                       regulation from
                                                                                to improve                                                        April 19, 2001,
                                                                                access and                                                        to June 18, 2001.
                                                                                address                                                           Subsequently, on
                                                                                safety                                                            June 18, 2001,
                                                                                issues.                                                           CMS published a
                                                                                Comments on                                                       final rule that
                                                                                the proposed                                                      again extended
                                                                                rule were due                                                     the effective and
                                                                                by September                                                      implementation
                                                                                4, 2001. On                                                       dates until
                                                                                November 13,                                                      August 17, 2001.
                                                                                2001, CMS                                                         The agency
                                                                                published a                                                       stated, "a short
                                                                                final rule                                                        additional period
                                                                                making final                                                      is required [to
                                                                                the proposed                                                      properly address
                                                                                changes and                                                       concerns raised
                                                                                withdrawing           Medicaid                                    by key
                                                                                the original          Program:                                    stakeholders.]."
                                                                                rule. The             Medicaid                                    On August 17,
                                                                                amendments            Managed Care                                2001, CMS
                                                                                took effect           (Among other                                published a final
                                                                                on that date.         things,                                     rule that further
                                                                                                      allows states                               extended the
                                                                                                      greater                                     effective and
                                                                                                      flexibility                                 implementation
                                                                                                      to amend                                    dates until
                                                                                                      their state                                 August 16, 2002.
                                                                                                      plans to                                    According to CMS,
                                                                                                      require                                     the previous
                                                                                                      certain                                     delays were
                                                                                                      categories of                               necessary to give
                                                                                                      Medicaid                                    newly appointed
                                                                                                      beneficiaries                               department
                                                                                                      to enroll in                                officials the
                                                                                                      managed care                                opportunity to
                                                                                                      without                                     review and
                                                                                                      obtaining                                   consider the new
                                                                                                      waivers;                                    regulations. CMS
                                                                                                      establishes                                 said that during
                                                                                                      new                                         the previous
                                                                                                      beneficiary                                 review periods,
                                                                                                      protections                                 key stakeholders
Date                                                                                                  and                                         expressed "strong
final                                                                                                 eliminates                                  (sometimes
rule                                                                                                  impediments                                 opposing) views
appeared             Significant                                 Summary of                           to the growth                               about the
in the               or                     Extended             rulemaking                           of managed               06/18/01  02/26/01 regulation."
Federal        Major substantive            effective            and other                            care                     08/17/01  06/18/01 Therefore, the
Register  Titlerule  rule                   date                 actions 1                   01/19/01 programs.)   X X04/19/01 08/16/02 08/17/01  agency

          Page 28 GAO-02-370R Delay of Regulatory Effective Dates

                                    Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                   said that this
                                 effective            action                    further delay
                                 date as of           extending                 was necessary
                                 Card Memo            effective                 to give the
                                                      date                      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                                                             Pursuant to
                                                                                administering                                                  the Card memo,
                                                                                the Medicaid                                                   on March 21,
                                                                                program. The                                                   2001, CMS
                                                                                agency also                                                    published an
                                                                                proposed to                                                    interim final
                                                                                expand on              Medicare                                rule delaying
                                                                                "existing              Program; Use                            the effective
                                                                                regulatory             of Restraint                            date of the
                                                                                beneficiary            and Seclusion                           regulation
                                                                                protection             in                                      from March 23,
                                                                                provided to            Residential                             2001, to May
                                                                                enrollees of           Treatment                               22, 2001. The
                                                                                prepaid health         Facilities                              rule took
                                                                                plans" by              Providing                               effect on that
                                                                                requiring              Inpatient                               date. On May
                                                                                these plans to         Psychiatric                             22, 2001, CMS
                                                                                provide                Services to                             published an
                                                                                services on an         Individuals                             interim final
                                                                                inpatient              Under Age 21                            rule
                                                                                basis to meet          (Establishes                            clarifying
                                                                                requirements           a definition                            what
                                                                                under the              of a                                    facilities
                                                                                Balanced               "psychiatric                            were subject
                                                                                Budget Act of          residential                             to the
                                                                                1997 that              treatment                               requirements,
                                                                                would not              facility"                               modifying
                                                                                otherwise              that is not a                           reporting
                                                                                apply to these         hospital and                            requirements,
                                                                                entities. In           that may                                and amending
                                                                                addition, CMS          furnish                                 staffing
                                                                                said that this         covered                                 requirements.
Date                                                                            proposed would         Medicaid                                CMS said it
final                                                                           allow the              inpatient                               did so because
rule                                                                            public                 psychiatric                             of concerns
appeared             Significant                                 Summary of     additional             services for                            raised in
in the               or                     Extended             rulemaking     opportunity to         individuals                             comments on
Federal        Major substantive            effective            and other      comment on the         under age 21;                           the January
Register  Titlerule  rule                   date                 actions 1      rule.         01/22/01 establishes   03/23/01 05/22/0103/21/01 22, 2001,

          Page 29 GAO-02-370R Delay of Regulatory Effective Dates

                                                                                                                                                                ually Identifiable Health Information 
                                 Rule's               Date of                               interim                                                       Pursuant to 
                                 effective            action                                final                                                         the Card 
                                 date as of           extending                             rule. CMS                                                     memo, on 
                                 Card Memo            effective                             also                                                          March 1, 
                                                      date                                  extended                                                      2001, FDA 
                                                                                            the                                                           published a 
                                                                                            comment                                                       final rule 
                                                                                            period on                                                     delaying 
                                                                                            this rule                                                     the   
                                                                                            to July                                                       effective 
                                                                                            23, 2001.                                                     date of the 
                                                                                            However,                                                      regulation 
                                                                                            it did not                                                    from  
                                                                                            extend the                                                    January 22, 
                                                                                            rule's                                                        2001, to 
                                                                                            effective                                                     April 23, 
                                                                                            date.                                                         2001. The 
                                                                                                                                                          rule took 
                                                                                                                                                          effect on 
                                                                                                                                                          that date.  
                                                                                                                                                                
                                                                                                                                                                

                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
Date                                                                                                           Revision of                                      ually Identifiable Health Development 
final                                                                         standards                        Administrative                                   
rule                                                                         for the use                       Practices and                                    
appeared             Significant                                 Summary of       of                           Procedures;                                      
in the               or                     Extended             rulemaking   restraints                       Meetings and                                     
Federal        Major substantive            effective            and other        or                           Correspondence;                                  
Register  Titlerule  rule                   date                 actions 1   seclusion.)              01/22/01 Public Calendars 01/22/01 04/23/0103/01/01       

          Page 30 GAO-02-370R Delay of Regulatory Effective Dates

                                              Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                                   rule delaying the
                                 effective            action                                    effective date of
                                 date as of           extending                                 the regulation from
                                 Card Memo            effective                                 February 9, 2001,
                                                      date                                      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             Acquisition                        
Date                                                                                            alternative                  of Title to                        f the 
final                                                                                           approaches...either          Land in                            tion 
rule                                                                                            separately or in             Trust                              
appeared             Significant                                 Summary of                     connection with              (procedures                        y 22, 
in the               or                     Extended             rulemaking                     broader revisions of         used by                            to 
Federal        Major substantive            effective            and other                      its oil and gas              Indian                 04/16/01  02/05/01 a final
Register  Titlerule  rule                   date                 actions 1     11/06/0108/07/01 regulations."       01/16/01 tribes and   X02/15/01 08/13/01 04/16/01  rule

          Page 31 GAO-02-370R Delay of Regulatory Effective Dates

                                                 Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                                              delaying the                                         
                                 effective            action                                               effective date                                       
                                 date as of           extending                                            of the                                               
                                 Card Memo            effective                                            regulation                                           
                                                      date                                                 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              Policy on
                                                                                                           address                 Maintaining
                                                                                                           "specific              the Biological
Date                                                                                                       areas of                 Integrity,
final                                                                                                      concern in a           Diversity, and
rule                                                                                                       new rule." The         Environmental
appeared             Significant                                 Summary of  individuals                   agency said            Health of the
in the               or                     Extended             rulemaking  to acquire                    the withdrawal            National
Federal        Major substantive            effective            and other   title land                    was effective             Wildlife
Register  Titlerule  rule                   date                 actions 1   in trust.)   11/10/0108/13/01 immediately.  01/16/01 Refuge System  02/15/01 04/16/0102/08/01

          Page 32 GAO-02-370R Delay of Regulatory Effective Dates

                                                                                          Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                                                               Pursuant to                         
                                 effective            action                                                                the Card                            
                                 date as of           extending                                                             memo, on                            
                                 Card Memo            effective                                                             February 5,                         
                                                      date                                                                  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                                                                                Loan                                                                       
rule                                                                                 Guaranty,                                                                  
appeared             Significant                                 Summary of          Insurance,                                                                 
in the               or                     Extended             rulemaking          and                                                            Boating     
Federal        Major substantive            effective            and other           Interest                                                   Infrastructure  
Register  Titlerule  rule                   date                 actions 1  01/17/01 Subsidy     X02/16/01 04/17/0102/05/01            01/18/01 Grant Program   X02/20/01 04/21/0102/08/01 

          Page 33 GAO-02-370R Delay of Regulatory Effective Dates

                                                                                                                                      Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                                                                                                   
                                 effective            action                                                                                                    
                                 date as of           extending                                                                                                 
                                 Card Memo            effective                                                                                                 
                                                      date                                                                                                      
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                

                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                quoted in the                                                                   
                                                                                press saying                                                                    
                                                                                that the                                                                        
                                                                                settlement of                                                                   
                                                                                the lawsuit                                                                     
                                                                                could result                                                                    
                                                                                in the                                                                          
                                                                                lifting of                                                               Pursuant to the 
                                                                                the                                                                      Card memo, on 
                                                                                snowmobile                                                               January 26, 
                                                                                ban. In its                                                              2001, the 
                                                                                December 2001                                                            Immigration and 
                                                                                report on the                                                            Naturalization 
                                                                                cost and                                                                 Service (INS) 
                                                                                benefits of                                                              published a 
                                                                                federal                                                                  final rule 
Date                                                                            regulations,                                                             delaying the 
final                                                                           OIRA                                                                     effective date 
rule                                                                            identified                                                               of the 
appeared             Significant                                 Summary of     this rule for                                                            regulation from 
in the               or                     Extended             rulemaking     "high        Department         Clarification                            January 29, 
Federal        Major substantive            effective            and other      priority"    of Justice           of Parole                              2001, to March 
Register  Titlerule  rule                   date                 actions 1      review.         (4)     12/28/00  Authority   X 01/29/0103/30/01 01/26/0130, 2001.  

          Page 34 GAO-02-370R Delay of Regulatory Effective Dates

                                                                                                           Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of
                                 effective            action
                                 date as of           extending
                                 Card Memo            effective
                                                      date

                                                                                                                                                                
                                                                                                                                                                ion from 
                                                                                                                                                                 29, 
                                                                                                                                                                o March 
                                                                                                                                                                1.  
                                                                                                                                                                ization 
                                                                                                                                                                 (INS) 
                                                                                                                                                                ed a 
                                                                                                                                                                ule 
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                        Pursuant to 
                                                                                                                                                      the Card memo, and 
                                                                                                                                                      on January 26, 
                                                                                                                                                         2001, the 
                                                                                                                                                        Pension and 
                                                                                                                                                          Welfare 
                                                                                                                                                         Benefits 
                                                                                                                                                      Administration 
                                                                                                                                                        published a 
                                                                                                                                                        final rule he 
                                                                                                                                                       delaying the ate 
Date                                                                            interests, and                                                        effective date , 2001. On February 28, 2001, OCR published a
final                                                                                other                                                                of the arch 30, 2001. According to OCR, this action did
rule                                                                            considerations                                                          regulation 
appeared             Significant                                 Summary of       identified                      National                             from January 
in the               or                     Extended             rulemaking       during the   Department          Medical                             26, 2001, to 
Federal        Major substantive            effective            and other       recent 60-day  of Labor           Support                               March 27, 
Register  Titlerule  rule                   date                 actions 1      review period."   (5)     12/27/00 Notice  X 01/26/0103/27/01 01/26/01    2001.  

          Page 35 GAO-02-370R Delay of Regulatory Effective Dates

                                                                       Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                   effective
                                 effective            action                    date.
                                 date as of           extending                 According to
                                 Card Memo            effective                 press
                                                      date                      accounts, on
                                                                                August 27,
                                                                                2001, the                                                                       e 
                                                                                Associated                                                                      s 
                                                                                General                                                                         tion 
                                                                                Contractors of                                                                  d a 
                                                                                America sent a                                                                  le he 
                                                                                letter to the                                                                   the ate 
                                                                                Administrator                                                                   on 
                                                                                of OSHA                                                                         ary 
                                                                                objecting to                                                                     to 
                                                                                parts of the                                                                    7, 
                                                                                rule and                                                                         
                                                                                asking the                                                                       to 
                                                                                agency to                                                        Pursuant to    emo, and 
                                                                                delay its                                                        the Card memo, 
                                                                                January 18,                                                      on March 15,   
                                                                                2002,                                                            2001, the Mine 
                                                                                effective                                                        Safety and     
                                                                                date. On                                                         Health         
                                                                                November 21,                                                     Administration 
                                                                                2001, OSHA                                                       (MSHA)         
                                                                                posted a draft                                                   published a    
                                                                                compliance                                                       final rule     
                                                                                directive for                                                    that delayed   
                                                                                the steel                                                        the effective  
                                                                                erection                                                         date of part   
                                                                                standard on                                                      of this        
                                                                                its website.                                                     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,  
Date                                                                                                                                             MSHA published 
final                                                                                                                                            a final rule   m 
rule                                                                                                       Diesel                                containing     
appeared             Significant                                 Summary of                             Particulate                              corrections    
in the               or                     Extended             rulemaking                                Matter                                that were      
Federal        Major substantive            effective            and other                             Exposure-Coal                             effective on   
Register  Titlerule  rule                   date                 actions 1                    01/19/01    Miners      X03/20/01 05/21/0103/15/01 May 21, 2001. 01/19/01 engines.)  

          Page 36 GAO-02-370R Delay of Regulatory Effective Dates

     Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                   the rule in the
                                 effective            action                    District of
                                 date as of           extending                 Columbia
                                 Card Memo            effective                 Circuit. The
                                                      date                      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
                                                                                sect.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
Date                                                                            standard. The
final                                                                           bulletin stated
rule                                                                            that some
appeared             Significant                                 Summary of     provisions of
in the               or                     Extended             rulemaking     the rule became
Federal        Major substantive            effective            and other      effective July
Register  Titlerule  rule                   date                 actions 1      5, 2001, but

          Page 37 GAO-02-370R Delay of Regulatory Effective Dates

                                                                               Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                   other                                                                        The National
                                 effective            action                    provisions                                                                   Highway Traffic
                                 date as of           extending                 do not go                                                                    Safety
                                 Card Memo            effective                 into effect                                                                  Administration
                                                      date                      until after                                                                  (NHTSA) received
                                                                                July 19,                                                                     petitions for
                                                                                2002, or                                                                     reconsideration
                                                                                January 19,                                                                  of the final rule
                                                                                2006.                                                                        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 
                                                                                                                   Federal                                   review of the 
                                                                                                                   Motor                                     petitions for 
                                                                                                                   Vehicle                                   reconsideration. 
                                                                                                                   Safety                                    On December 13, 
                                                                                                                   Standards;                                2001, NHTSA 
                                                                                                                   School Bus                                published a final 
                                                                                                                   Body Joint                                rule that 
                                                                                                                   Strength                                  clarified that 
                                                                                                                   (Extends the                              applicability of 
                                                                                                                   application                               the standard and 
                                                                                                                   of standard                               made various 
                                                                                                                   on school                                 other changes. 
                                                                                                                   bus body                                  The agency said 
                                                                                                                   joint                                     that it did so in 
                                                                                                                   strength to                               response to 
                                                                                                                   lighter                                   petitions for 
Date                                                                                                               school buses                              reconsideration 
final                                                                                                              and narrows                               of the rule. 
rule                                                                                                               exclusions                                NHTSA said the 
appeared             Significant                                 Summary of                                        for                                       amended rule 
in the               or                     Extended             rulemaking                 Department of          maintenance                               would take effect 
Federal        Major substantive            effective            and other                  Transportation         access                  06/01/02 04/20/01 on January 1, 
Register  Titlerule  rule                   date                 actions 1                      (15)       11/05/98panels.)     X 05/05/0101/01/03  12/13/01 2003.  

          Page 38 GAO-02-370R Delay of Regulatory Effective Dates

                                       Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                              number of                                                         On
                                 effective            action                               safety                                                         December
                                 date as of           extending                            concerns. On                                                  22, 2000,
                                 Card Memo            effective                            November 20,                                                     FAA
                                                      date                                 2000, FAA                                                      delayed
                                                                                           published a                                                      the
                                                                                           final rule                                                    effective
                                                                                           that delayed                                                   date of
                                                                                           the effective                                                 this rule
                                                                                           date of this                                                    from
                                                                                           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
                                                                             regarding     proposed
                                                                             aircraft      changes to the
                                                                             flight        route
                                                                             operations    structure and
                                                                             over the      airspace
                                                                             Grand         modification.
                                                                             Canyon        The process
                                                                             National      includes an
                                                                             Park          environmental
                                                                             (GCNP). The   assessment of
                                                                             first rule,   the proposed
                                                                             which went    route and
                                                                             into effect   publishing a
                                                                             on May 4,     proposal and
                                                                             2000,         notice of
                                                                             limits the    availability
                                                                             number of     of the new map
                                                                             commercial    in the Federal
                                                                             air tour      Register.
                                                                             operations    Since the
                                                                             in the        process had
                                                                             GCNP. This    not been
                                                                             final rule    completed, it
                                                                             modifies      was necessary
Date                                                                         the           to extend the
final                                                                        airspace in   effective
rule                                                                         the GCNP      date. None of            Service
appeared             Significant                                 Summary of  special       these delaying         Difficulty
in the               or                     Extended             rulemaking  flight        actions                  Reports
Federal        Major substantive            effective            and other   rules         mentioned the            (Amends
Register  Titlerule  rule                   date                 actions 1   area.)        Card memo.    09/15/00 reporting   X07/16/01 01/16/0204/30/01

          Page 39 GAO-02-370R Delay of Regulatory Effective Dates

                                                       Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                                                January 16,
                                 effective            action                                                 2001, until
                                 date as of           extending                                              July 16, 2001,
                                 Card Memo            effective                                              because of
                                                      date                                                   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                                           
                                                                             requirements                    aviation                                           
                                                                             for air                         industry and                                       
                                                                             carriers and                    the general                                        
                                                                             repair                          public the                                         
                                                                             station                         opportunity to                                     
                                                                             operators                       comment on the          Federal Motor              
                                                                             concerning                      agency's                Vehicle Safety             
Date                                                                         failures,                       proposed                Standards;                 
final                                                                        malfunctions,                   revisions. None         Electric-Powered           
rule                                                                         and defects                     of these                Vehicles;                  
appeared             Significant                                 Summary of  of aircraft                     delaying                Electrolyte                
in the               or                     Extended             rulemaking  engines,                        actions                 Spillage and               
Federal        Major substantive            effective            and other   systems, and                    mentioned the           Electrical Shock           
Register  Titlerule  rule                   date                 actions 1   components.)   01/16/0311/23/01 Card memo.     09/27/00 Protection        X10/01/01 12/01/0102/08/01 Corporations.

          Page 40 GAO-02-370R Delay of Regulatory Effective Dates

                                                                                                                                                        Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                                                                Pursuant to                        
                                 effective            action                                                                 the Card memo,                     
                                 date as of           extending                                                              on February 8,                     
                                 Card Memo            effective                                                              2001, the                          
                                                      date                                                                   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.                              
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                       Pipeline                                                                 
                                                                                       Safety:                                                                  
                                                                                       Pipeline                                                                 
                                                                                      Integrity                                                                 
                                                                                      Management                                                                
                                                                                       in High                                                                  
                                                                                     Consequence                                                                
                                                                                        Areas                                                                   
Date                                                                                  (Hazardous                                                                
final                                                                                   Liquid                                                                  
rule                                                                                  Operators                                                                 
appeared             Significant                                 Summary of          With 500 or                                                       Major    
in the               or                     Extended             rulemaking           More Miles                                                      Capital   
Federal        Major substantive            effective            and other                of                                                        Investment  
Register  Titlerule  rule                   date                 actions 1  12/01/00 Pipelines)   X03/31/01 05/29/0102/08/01               12/07/00  Projects   X02/05/01 04/06/0102/09/01 changed.  

          Page 41 GAO-02-370R Delay of Regulatory Effective Dates

                                                                                                                                                            Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                            final rule                                                 Pursuant to 
                                 effective            action                             delaying the                                               the Card    
                                 date as of           extending                          effective date                                             memo, on    
                                 Card Memo            effective                          of the                                                     February 9, 
                                                      date                               regulation                                                 2001, the   
                                                                                         from February                                              Coast Guard 
                                                                                         7, 2001, until                                             (CG)        
                                                                                         April 8, 2001.                                             published a 
                                                                                         The rule took                                              final rule  
                                                                                         effect on that                                             delaying    
                                                                                         date.                                                      the         
                                                                                         Subsequently,                                              effective   
                                                                                         on April 18,                                               date of the 
                                                                                         2001, FHWA                                                 regulation  
                                                                                         published a                                                from March  
                                                                                         final rule                                                 12, 2001,   
                                                                                         making                                                     to May 11,  
                                                                                         technical                                                  2001. The   
                                                                                         corrections to                                             rule took   
                                                                                         the                                                        effect on   
                                                                                         regulation.                                                that date.
                                                                                         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             Significant                                 Summary of                                     Regattas                                        
in the               or                     Extended             rulemaking                                       and                                           
Federal        Major substantive            effective            and other                                       Marine                                         
Register  Titlerule  rule                   date                 actions 1   Standards                 01/09/01 Parades  X03/12/01 05/11/0102/09/01            01/10/01 

          Page 42 GAO-02-370R Delay of Regulatory Effective Dates

                                                                                      Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                                        February 9,                                                
                                 effective            action                                          2001, the                                                 
                                 date as of           extending                                     Federal Motor                                               
                                 Card Memo            effective                                    Carrier Safety                                               
                                                      date                                         Administration                                               
                                                                                                     published a                                                
                                                                                                     final rule                                                 
                                                                                                    delaying the                                                
                                                                                                   effective date                                               1/10/2001, until May 
                                                                                                       of the                                                   
                                                                                                   regulation from                                              
                                                                                                    February 12,                                                
                                                                                                   2001, to April                                               
                                                                                                    13, 2001. The                                               
                                                                                                      rule took                                                 
                                                                                                   effect on that                                               
                                                                                                       date.                                                    
                                                                                                                                                                bruaramend or clarify vironmental Protection
                                                                                                                                                                9, 20the rule. On May  effect on that date. 
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                1. Thdelayed the
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                001. rule's
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                rom Ain response to a
                                                                                                                                                                er" vpetition from the
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                           Brake System                         
                                                                                                                           Safety                               
                                                                             Safety Regulations;                           Standards for                        
Date                                                                            Definition of                              Freight and                          
final                                                                         Commercial Motor                             Other                                
rule                                                                           Vehicles (CMV);                             Non-Passenger                        
appeared             Significant                                 Summary of   Requirements for                             Trains and                           
in the               or                     Extended             rulemaking  Operators of Small                            Equipment: End                       
Federal        Major substantive            effective            and other   Passenger-Carrying                            of Train                             er"
"in the near 
Register  Titlerule  rule                   date                 actions 1          CMVs                          01/17/01 Devices        X04/01/01 05/31/0102/12/01 future."  

          Page 43 GAO-02-370R Delay of Regulatory Effective Dates

                                                                                                                                                                bruary 15, 2001, toAppendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                                                                 Pursuant to                       
                                 effective            action                                                                   the Card                         
                                 date as of           extending                                                                memo, on                         
                                 Card Memo            effective                                                               January 29,                       
                                                      date                                                                     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.                        
                                                                                                                                                                

                                                                                                                                                                bruary 15, 2001, to April 16, 2001. The rule took effect on that date. 
                                                                                                                                                                bruary 15, 2001, to April 16, 2001. The rule took effect on that date. 
                                                                                                                                                                bruary 15, 2001, to April 16, 2001. The rule took effect on that date. 
                                                                                                                                                                bruary 15, 2001, to April 16, 2001. The rule took effect on that date. 
                                                                                                                                                                bruary 15, 2001, to April 16, 2001. The rule took effect on that date. 
                                                                                                                                                                bruary 15, 2001, to April 16, 2001. The rule took effect on that date. 
                                                                                                                                                                bruary 15, 2001, to April 16, 2001. The rule took effect on that date. 
                                                                                                                                                                bruary 15, 2001, to April 16, 2001. The rule took effect on that date. 
                                                                                                                                                                bruary 15, 2001, to April 16, 2001. The rule took effect on that date. 
                                                                                                                                                                bruary 15, 2001, to April 16, 2001. The rule took effect on that date. 
                                                                                                                                                                bruary 15, 2001, to April 16, 2001. The rule took effect on that date. 
                                                                                                                                                                bruary 15, 2001, to April 16, 2001. The rule took effect on that date. 
                                                                                                                                                                bruary 15, 2001, to April 16, 2001. The rule took effect on that date. 
                                                                                                                                                                bruary 15, 2001, to April 16, 2001. The rule took effect on that date. 
                                                                                                                                                                bruary 15, 2001, to April 16, 2001. The rule took effect on that date. 
                                                                                                                                                                bruary 15, 2001, to April 16, 2001. The rule took effect on that date. 
                                                                                                                                                   Petition by  
                                                                                                                                                    American    
                                                                                     Georgia: Final                                                 Samoa for   
Date                                                                                 Authorization                                                  Exemption   bruary 15, 2001, to April 16, 2001. The rule took effect on that date. 
final                                                                                   of State                                                      From      
rule                                                                                   Hazardous                                                  Anti-Dumping  
appeared             Significant                                 Summary of              Waste                                                    Requirements  
in the               or                     Extended             rulemaking            Management                                                      for      
Federal        Major substantive            effective            and other              Program                                                   Conventional  
Register  Titlerule  rule                   date                 actions 1  11/28/00   Revision     01/29/01 03/30/0101/29/01            11/29/00   Gasoline    01/29/01 03/30/0101/29/01 

          Page 44 GAO-02-370R Delay of Regulatory Effective Dates

                                      Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                   2001, rule,
                                 effective            action                    and did not
                                 date as of           extending                 properly
                                 Card Memo            effective                 certify the
                                                      date                      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.                                                       Pursuant to
                                                                                EPA, D.D.C.,                                                       the Card memo,
                                                                                No.                                                                on March 23,
                                                                                01CV00766)                                                         2001, EPA
                                                                                Another                                                            published a
                                                                                lawsuit was                                                        final rule
                                                                                filed by the                                                       delaying the
                                                                                National                                                           effective date
                                                                                Federation                                                         from March 23,
                                                                                of                                                                 2001, until
                                                                                Independent                                                        May 22, 2001.
                                                                                Businesses                                                         Subsequently,
                                                                                (NFIB) on                                                          on April 23,
                                                                                April 26,                                                          2001, EPA
                                                                                2001 (NFIB                                                         published a
                                                                                vs. EPA,                                                           notice of
                                                                                D.D.C., No.                                                        proposed
                                                                                01CV900) On                                                        rulemaking to
                                                                                April 17,                                                          extend the
                                                                                2001, EPA                                                          effective date
                                                                                announced                                                          for 9 months
                                                                                that it                                                            to February
                                                                                would not                                                          22, 2002. EPA
                                                                                change the                                                         said it took
                                                                                final rule,                                                        this action to
                                                                                and the rule                                                       "reassess the
                                                                                became               National                                      scientific and
                                                                                effective on         Primary                                       cost issues
                                                                                that date.           Drinking Water                                associated
                                                                                On September         Regulations;                                  with this rule
                                                                                10, 2001,            Arsenic and                                   and seek
                                                                                EPA posted           Clarifications                                further public
                                                                                on its web           to Compliance                                 input on each
                                                                                site draft           and New Source                                of these
                                                                                guidance on          Contaminants                                  issues." EPA
                                                                                how to               Monitoring                                    also said that
                                                                                report               (Sets goals and                               it would
                                                                                releases             maximum                                       request the
                                                                                under the            contaminant                                   National
Date                                                                            new rule.            levels for                                    Academy of
final                                                                           Reporting            arsenic in                                    Sciences to
rule                                                                            for 2001             community water                               convene a
appeared             Significant                                 Summary of     must be              systems and                                   panel of
in the               or                     Extended             rulemaking     submitted to         nontransient                                  scientific
Federal        Major substantive            effective            and other      EPA by July          noncommunity               05/22/01  03/23/01 experts to (1)
Register  Titlerule  rule                   date                 actions 1      2002.       01/22/01 water systems.)X X03/23/01 02/22/02 04/23/01  review EPA's

          Page 45 GAO-02-370R Delay of Regulatory Effective Dates

      Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                   interpretation
                                 effective            action                    and application
                                 date as of           extending                 of arsenic
                                 Card Memo            effective                 research and (2)
                                                      date                      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
Date                                                                            commenters to
final                                                                           consider this
rule                                                                            information in
appeared             Significant                                 Summary of     preparing their
in the               or                     Extended             rulemaking     comments on the
Federal        Major substantive            effective            and other      July 19, 2001,
Register  Titlerule  rule                   date                 actions 1      proposal.

          Page 46 GAO-02-370R Delay of Regulatory Effective Dates

                                                                                 Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                   On November 26,                                                             Pursuant to
                                 effective            action                    2001, Congress                                                              the Card
                                 date as of           extending                 enacted the                                                                 memo, on
                                 Card Memo            effective                 Departments of                                                              February
                                                      date                      Veterans                                                                    15, 2001,
                                                                                Affairs and                                                                 the
                                                                                Housing and                                                                 Department
                                                                                Urban                                                                       of Defense
                                                                                Development,                                                                (DOD) and
                                                                                and Independent                                                             EPA
                                                                                Agencies                                                                    published a
                                                                                Appropriations                                                              final rule
                                                                                Act, 2002, that                                                             delaying
                                                                                included                                                                    the
                                                                                language that                                                               effective
                                                                                prohibited EPA                                                              date of the
                                                                                from using the                                                              regulation
                                                                                funds to delay                                                              from
                                                                                the January 22,                                                             February
                                                                                2001, rule.                                                                 16, 2001,
                                                                                According to                                                                to April
                                                                                the December                                                                17, 2001.
                                                                                2001 OIRA                                                                   The rule
                                                                                report on the                                                               took effect
                                                                                costs and                                                                   on that
                                                                                benefits of                                                                 date.
                                                                                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                              Further                                   
                                                                                protection                            Revisions                                 
                                                                                reflected in                          to the                                    
                                                                                the January 22,                       Clean Water                               
Date                                                                            2001, rule.                           Act                                       
final                                                                           Also in this    Department of         Regulatory                                
rule                                                                            report, OIRA     Defense and          Definition                                
appeared             Significant                                 Summary of     identified this      the              of                                        
in the               or                     Extended             rulemaking     rule for "high  Environmental         "Discharge                                
Federal        Major substantive            effective            and other      priority"        Protection           of Dredged                                
Register  Titlerule  rule                   date                 actions 1      review.          Agency (1)   01/17/01Material"    02/16/0104/17/01 02/15/01    

          Page 47 GAO-02-370R Delay of Regulatory Effective Dates

                                                                                                                                                     Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                                                                                                   
                                 effective            action                                                                                                    
                                 date as of           extending                                                                                                 
                                 Card Memo            effective                                                                                                 
                                                      date                                                                                                      
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                                
                                                                                                                                                              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 
                                                                                Acquisition                                                                   institutions 
                                                                             Regulations rules    Department                                                  would be 
                                                                             on clarification       of the                                                    unable to 
                                                                              of definitions,      Treasury,                                                  comply with 
                                                                              advance payment       Federal                                                   the 
Date                                                                         for noncommercial      Reserve             Consumer                              regulations 
final                                                                        items, assignment    System, and          Protections                            by the 
rule                                                                          of claims, and      the Federal              for                                original 
appeared             Significant                                 Summary of     flowdown of         Deposit            Depository                             April 1, 
in the               or                     Extended             rulemaking    clauses from        Insurance           Institution                            2001, 
Federal        Major substantive            effective            and other    contractors to      Corporation           Sales of                              effective 
Register  Titlerule  rule                   date                 actions 1   subcontractors.)        (1)      12/04/00 Insurance   X 04/01/0110/01/01 03/19/01date.  

          Page 48 GAO-02-370R Delay of Regulatory Effective Dates

                                          Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of                                                                                             Pursuant to the
                                 effective            action                                                                                              Card memo, on
                                 date as of           extending                                                                                           February 20,
                                 Card Memo            effective                                                                                           2001, the Small
                                                      date                                                                                                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
                                                                                                              New Markets                                 changes based
                                                                                                              Venture                                     on the agency's
                                                                                                              Capital                                     consideration
                                                                                                              Program                                     of specific
                                                                                                              (Establishes                                comments on the
                                                                                                              the                                         original
                                                                                                              requirements                                interim final
                                                                                                              for newly                                   rule. On May
                                                                                                              formed venture                              23, 2001, SBA
                                                                                                              capital                                     published a
                                                                                                              companies to                                final rule
                                                                                                              make                                        withdrawing the
                                                                                                              developmental                               original rule
                                                                                                              investments in                              and making
                                                                                                              smaller                                     final the new
                                                                                                              enterprises                                 regulations.
                                                                                                              located in                                  SBA said it
                                                                                                              low-income                                  received no
                                                                                                              geographic                                  comments on the
                                                                                                              areas, provide                              proposed
                                                                                                              operational                                 withdrawal of
                                                                                                              assistance to                               the January 22,
                                                                                                              enterprises                                 2001, rule. On
                                                                                                              receiving such                              June 19, 2001,
                                                                                                              investments,                                SBA published a
                                                                                                              and allow                                   final rule
Date                                                                                                          existing                                    making
final                                                                                                         companies to                                technical
rule                                                                            2001,                         qualify for                                 corrections to
appeared             Significant                                 Summary of       to                          grants to                                   the May 23,
in the               or                     Extended             rulemaking     April  Small Business         provide                                     2001,
Federal        Major substantive            effective            and other       12,   Administration         operational               04/23/01 02/20/01 withdrawal
Register  Titlerule  rule                   date                 actions 1      2001.       (1)       01/22/01assistance.)   X 02/21/0106/22/01  04/23/01 action.

          Page 49 GAO-02-370R Delay of Regulatory Effective Dates

                                                                     Appendix I: Rules Subject to the January 20, 2001, Card Memorandum That Were Delayed
                                 Rule's               Date of
                                 effective            action
                                 date as of           extending
                                 Card Memo            effective
                                                      date

                                                                                                                                           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          
                                                                                                    Testimony by                           13, 2001.            
                                                                                                    Employees                              Subsequently,        
Date                                                                                                and the                                on March 12,         
final                                                                                               Production                             2001, the      Corporation 
rule                                                                                                of Records                             agency             for 
appeared             Significant                                 Summary of                         and                                    published a     National 
in the               or                     Extended             rulemaking Social Security         Information                            correction to      and 
Federal        Major substantive            effective            and other   Administration         in Legal                               the final       Community 
Register  Titlerule  rule                   date                 actions 1        (1)       01/12/01Proceedings   02/12/0104/13/01 02/12/01regulations.   Service (1)12/13/00 

          Sources: GAO analysis of Federal Register publications.

(450091)EUR

          Page 50 GAO-02-370R Delay of Regulatory Effective Dates
*** End of document. ***