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GAO-02-370R: 

United States General Accounting Office: 
Washington, DC 20548: 

February 15, 2002: 

The Honorable Henry A. Waxman: 
Ranking Minority Member:
Committee on Government Reform: 
House of Representatives: 

The Honorable Joseph I. Lieberman: Chairman:
Committee on Governmental Affairs: 
United States Senate: 

Subject: Regulatory Review: Delay of Effective Dates of Final Rules 
Subject to the Administration's January 20, 2001, Memorandum: 

At the start of the Bush administration, as in other recent new 
administrations, there were hundreds of federal regulations at various 
stages of the rulemaking process.[Footnote 1] Some were about to be 
sent to the Office of the Federal Register (OFR) for publication in 
the Federal Register, some had been sent to OFR but had not been 
published, and others had been published in the Federal Register but 
had not taken effect. Citing the desire to "ensure that the 
President's appointees have the opportunity to review any new or 
pending regulations," on January 20, 2001, Assistant to the President 
and Chief of Staff Andrew H. Card, Jr. sent a memorandum (Card 
memorandum) to the heads and acting heads of all executive departments 
and agencies generally directing them to (1) not send proposed or 
final regulations to OFR, (2) withdraw from OFR regulations that had 
been sent to the Office but not yet published in the Federal Register, 
and (3) postpone for 60 days the effective date of regulations that 
had been published in the Federal Register but had not yet taken 
effect. The Card memorandum instructed the officials to exclude any 
regulations that were promulgated pursuant to statutory or judicial 
deadlines, and to identify any such exclusions to the Director of the 
Office of Management Budget (OMB). It also said that agencies should 
notify the OMB Director of any regulations that should be excluded 
because they "impact critical health and safety functions of the 
agency," and that the Director would determine whether the exception 
was appropriate. Although the Card memorandum did not expressly cover 
independent regulatory agencies, it said that those agencies were 
"encouraged to participate voluntarily in this review."[Footnote 2] 
You asked that we examine the implementation of the part of the Card 
memorandum that directed agencies to delay the effective dates of 
published regulations. Our specific objectives were to (1) identify 
and characterize the rules subject to the memorandum whose effective 
dates were delayed, and (2) determine what had happened to each of 
those delayed rules as of the 1-year anniversary of the Card 
memorandum and identify any anticipated future actions regarding these 
rules. You also asked us to identify which rules the agencies 
indicated should not be delayed because they "impact critical health 
and safety functions of the agency," and which of those rules OMB 
considered appropriate to exclude from the Card memorandum's 
requirements. However, officials in OMB's Office of Information and 
Regulatory Affairs (OIRA) told us that the agencies' requests for 
exemptions were made informally, and OMB's responses to those requests 
were also informal. Because of this lack of documentation, and because 
of the amount of time required to interview officials in each of the 
agencies that published regulations during this period, this objective 
was agreed with your offices to be beyond the scope of our review. 

We primarily used a database that GAO developed pursuant to the 
Congressional Review Act portion of the Small Business Regulatory 
Enforcement Fairness Act (5 U.S.C. 801 et seq.) to identify the rules 
that were subject to the memorandum's requirements.[Footnote 3] We 
reviewed the Federal Register and other publications to identify the 
covered rules that were delayed and what eventually happened to each 
of those rules. However, we cannot be sure that we identified all 
subsequent rulemaking activity for all of the rules because agencies 
sometimes use different identifiers for related rules in their Federal 
Register documents. We sent a draft of this report to the Director of 
OMB for review and comment. OMB officials said they had no comment on 
the report. We did our work from December 2001 through January 2002 in 
accordance with generally accepted government auditing standards. 

Results in Brief: 

Our review of readily available documentation indicated that federal 
agencies delayed the effective dates for 90 of the 371 final rules 
that were subject to the Card memorandum. The effective dates for the 
remaining 281 rules were either not delayed or we could find no 
indication in the Federal Register of a delay. The Departments of 
Health and Human Services (MIS), Transportation (DOT), and Agriculture 
(USDA), and the Environmental Protection Agency (EPA) delayed more 
than half of the 90 rules. The agencies considered 65 of the 90 
delayed rules to be substantive in nature, and considered 12 to be 
"major" rules (e.g., rules with at least a $100 million impact on the 
economy). 

As of the 1-year anniversary of the Card memorandum, 67 of the 90 
delayed rules were postponed for one 60-day period and then appeared 
to have taken effect. Eight other rules were delayed for more than 60 
days but appeared to have taken effect. The 15 remaining delayed rules 
had not taken effect by January 20, 2002. 

Although most of the delayed rules had not been changed by the 1-year 
anniversary of the Card memorandum, one had been withdrawn, three had 
been withdrawn and replaced by new rules, and nine others had been 
altered in some way (e.g., changing the implementation date or 
modifying a reporting requirement). The agencies indicated that other 
rules might be changed in the future, and OIRA has placed five of the 
delayed rules on a list for "high priority" review. The agencies 
generally did not provide the public with a prior opportunity to 
comment on the delays in effective dates or rule changes, frequently 
indicating that notice and comment procedures were either not 
applicable, impracticable, or were contrary to the public interest. 

Background: 

The basic process by which federal agencies develop and issue 
regulations is delineated in the Administrative Procedure Act (APA), 5 
U.S.C. 553. The APA generally requires agencies to (1) publish a 
notice of proposed rulemaking in the Federal Register; (2) allow 
interested parties an opportunity to participate in the rulemaking 
process by providing "written data, views, or arguments;" and (3) 
publish a final rule 30 days before it becomes effective. However, the 
APA allows agencies to issue rules without a proposed rule in certain 
cases, such as when the agency is issuing a rule of agency 
organization, procedure, or practice, or when the agency determines 
for "good cause" that notice and comment procedures are 
"impracticable, unnecessary, or contrary to the public interest." 
[Footnote 4] The effective date of a final rule is a substantive 
provision of a rule and any change or suspension of the effective date 
may only be accomplished through additional rulemaking; this action 
can follow either the three-step notice and comment process or, if 
appropriate, the more abbreviated process without a proposed rule. 

Ninety of the 371 Rules Subject to the Card Memorandum Were Delayed: 

The Card memorandum was issued on the afternoon of Saturday, January 
20, 2001, and instructed agencies to delay the effective dates for 
rules "that have been published" but had not taken effect. According 
to an OFR official, the rules published in the Federal Register on 
Monday, January 22, 2001, were printed on the evening of Friday, 
January 19, 2001, and the morning of January 20, 2001. Therefore, she 
said, rules published on January 22, 2001, should be counted as 
"published" by the time the Card memorandum was issued. As a result, 
for purposes of the coverage of this portion of the Card memorandum, 
we include any final rule that was published on or before January 22, 
2001, and that was scheduled to take effect after January 20, 2001. 

According to the GAO rules database, 371 final rules met those 
criteria and were potentially subject to the Card memorandum. (This 
total includes rules published by independent regulatory agencies that 
were invited, but not required, to postpone the effective dates of 
their rules.) As table 1 shows, DOT published the largest number of 
these rules (132 rules), followed by EPA (60 rules) and III-IS (29 
rules). 

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

Department/agency: Agriculture; 
Number of rules subject to the Card memo that were delayed: 10; 
Number of rules subject to the Card that memo were not delayed: 6; 
Total: 16. 

Department/agency: Commerce; 
Number of rules subject to the Card memo that were delayed: 2; 
Number of rules subject to the Card that memo were not delayed: 12; 
Total: 14. 

Department/agency: Education; 
Number of rules subject to the Card memo that were delayed: 3; 
Number of rules subject to the Card that memo were not delayed: 10; 
Total: 13. 

Department/agency: Energy; 
Number of rules subject to the Card memo that were delayed: 8; 
Number of rules subject to the Card that memo were not delayed: 6; 
Total: 14. 

Department/agency: Health and Human Services; 
Number of rules subject to the Card memo that were delayed: 16; 
Number of rules subject to the Card that memo were not delayed: 13; 
Total: 29. 

Department/agency: Housing and Urban Development; 
Number of rules subject to the Card memo that were delayed: 4; 
Number of rules subject to the Card that memo were not delayed: 1; 
Total: 5. 

Department/agency: Interior; 
Number of rules subject to the Card memo that were delayed: 6; 
Number of rules subject to the Card that memo were not delayed: 2; 
Total: 8. 

Department/agency: Justice; 
Number of rules subject to the Card memo that were delayed: 4; 
Number of rules subject to the Card that memo were not delayed: 4; 
Total: 8. 

Department/agency: Labor; 
Number of rules subject to the Card memo that were delayed: 5; 
Number of rules subject to the Card that memo were not delayed: 3; 
Total: 8. 

Department/agency: Transportation; 
Number of rules subject to the Card memo that were delayed: 15; 
Number of rules subject to the Card that memo were not delayed: 117; 
Total: 132. 

Department/agency: Treasury; 
Number of rules subject to the Card memo that were delayed: 0; 
Number of rules subject to the Card that memo were not delayed: 12; 
Total: 12. 

Department/agency: Environmental Protection Agency; 
Number of rules subject to the Card memo that were delayed: 8; 
Number of rules subject to the Card that memo were not delayed: 52; 
Total: 60. 

Department/agency: Federal Communications Commission; 
Number of rules subject to the Card memo that were delayed: 0; 
Number of rules subject to the Card that memo were not delayed: 17; 
Total: 17. 

Department/agency: Nuclear Regulatory Commission; 
Number of rules subject to the Card memo that were delayed: 0; 
Number of rules subject to the Card that memo were not delayed: 8; 
Total: 8. 

Department/agency: Securities and Exchange Commission; 
Number of rules subject to the Card memo that were delayed: 0; 
Number of rules subject to the Card that memo were not delayed: 5; 
Total: 5. 

Department/agency: Other; 
Number of rules subject to the Card memo that were delayed: 9; 
Number of rules subject to the Card that memo were not delayed: 13; 
Total: 22. 

Department/agency: Total; 
Number of rules subject to the Card memo that were delayed: 90; 
Number of rules subject to the Card that memo were not delayed: 281; 
Total: 371. 

Source: GAO rules database and GAO analysis of Federal Register 
publications. 

Note: The "not delayed" column includes final rules for which there 
was no evidence of their effective dates having been delayed. The 
"other" agencies that published rules that were delayed were the 
Office of Personnel Management (two rules), the Small Business 
Administration (one rule), the Social Security Administration (one 
rule), and the Corporation for National and Community Service (one 
rule). Four delayed rules were jointly issued (e.g., the Department of 
Defense and EPA). 

[End of table] 

As table 1 also shows, federal agencies did not delay the effective 
dates for 281 (about 75 percent) of the 371 rules. The agencies 
published documents in the Federal Register that explained why some of 
the rules' effective dates were not being changed. For example, DOT 
published a notice in the Federal Register explaining that four of its 
rules had effective dates far enough in advance (one not until May 
2003) that the intent of the Card memorandum could be met without 
extending those dates[Footnote 5] Also, 30 of the 281 rules that were 
not delayed were issued by independent regulatory agencies (the 
Federal Communications Commission, the Nuclear Regulatory Commission, 
and the Securities and Exchange Commission) that were not required to 
extend the effective dates of their rules. 

OIRA officials told us that they, the agencies, and the White House 
agreed shortly after the Card memorandum was issued that certain types 
of numerous and noncontroversial rules (e.g., air worthiness 
directives issued by the Federal Aviation Administration and bridge 
opening schedules published by the Coast Guard) should be allowed to 
take effect as scheduled. Therefore, for the bulk of the rules that 
were not delayed, there were no subsequent Federal Register 
publications or other apparent explanations of why the rules were 
unaffected by the Card memorandum. In addition, OMB's 2001 report on 
the costs and benefits of regulations provides several examples of 
specific rules subject to the Card memorandum that appointees of the 
Bush administration reviewed and that were not delayed.[Footnote 6] 
Those rules included the following: 

* EPA's January 18, 2001, final rule on diesel fuel sulfur control, 
which went into effect on its originally scheduled effective date of 
March 19, 2001.[Footnote 7] 

* The Department of Labor's January 18, 2001, final rule on the 
Service Contract Act, which went into effect on its originally 
scheduled effective date of March 19, 2001.[Footnote 8] 

* HHS's January 19, 2001, final rule on registration and listing of 
human cellular and tissue-based products, which went into effect as 
scheduled on April 4, 2001.[Footnote 9] 

OIRA officials said that because appointees from the Bush 
administration were consulted with regard to both these specific rules 
and the previously mentioned categories of rules, the intent of the 
Card memorandum was satisfied. 

Characteristics of Delayed Rules: 

MIS, DOT, USDA, and EPA published more than half of the 90 rules 
covered by the Card memorandum that were delayed. (See app. I for 
details on each of these 90 rules.) The agencies identified 65 of the 
90 delayed rules as "significant or substantive" in nature (i.e., more 
than just routine or administrative actions), and they considered 12 
of those rules "major" under the Congressional Review Act.[Footnote 10] 

The issuing agencies specifically cited the Card memorandum as the 
reason for the delays in most of the 90 rules. In the remaining rules, 
the agencies cited other reasons for delaying the effective dates, as 
the following examples illustrate. 

* The agencies issuing two of these rules indicated that they were 
being delayed because of requirements in the Congressional Review Act. 
[Footnote 11] The agencies did not submit the rules to Congress until 
weeks after they were published in the Federal Register, thereby 
necessitating a 60-day delay from when the rules were finally 
submitted. 

* The Agricultural Marketing Service within USDA said that its rule on 
"livestock mandatory reporting" was delayed because the agency needed 
additional time to test an electronic system used to collect required 
reports and to ensure that all program requirements and objectives 
would be met.[Footnote 12] 

* The Occupational Safety and Health Administration (OSHA) within the 
Department of Labor said that its rule on "safety standards for steel 
erection" was delayed because employers had questions about the 
standard and their ability to comply with it by the original effective 
date.[Footnote 13] 

* The National Highway Traffic Safety Administration (NHTSA) within 
DOT said that a delay of its rule on "school bus body joint strength" 
was necessary because the agency was in the process of completing the 
review of petitions for reconsideration of the rule.[Footnote 14] 

All of the initial delays in which the agencies cited the Card 
memorandum as the reason for the delay were for the prescribed 60-day 
period. However, the initial delays that were unrelated to the Card 
memorandum were sometimes for much longer periods. For example, NHTSA 
initially delayed the effective date for its rule on school bus body 
joint strength for 1 year. The Food and Drug Administration (FDA) 
within HHS initially delayed its rule on "aluminum in large and small 
volume parenterals" for 2 years.[Footnote 15] The effective dates for 
four other rules were initially delayed for between 6 and 8 months. 
[Footnote 16] 

The agencies did not provide the public with a prior opportunity to 
comment on any of these initial delays. The agencies generally cited 
two statutory exceptions for why notice and comment procedures were 
not followed: (1) the actions constituted a rule of procedure under 
the APA (and were therefore exempt from the APA's requirements) and; 
(2) there was "good cause" to avoid notice and comment requirements 
because seeking public comments on the 60-day delays was impractical, 
unnecessary, and/or contrary to the public interest. 

Most Delayed Rules Became Effective Within 60 Days, But Some Were 
Modified or Withdrawn: 

As table 2 shows, of the 90 rules subject to the Card memorandum whose 
effective dates were delayed, 75 appeared to have gone into effect by 
January 20, 2002.[Footnote 17] Of these, 67 rules were delayed for a 
single 60-day period or less while 8 were delayed more than 60 days (3 
were delayed once and 5 were delayed more than once). 

Table 2: Most Delayed Rules Appeared to Have Taken Effect by January 
20, 2002: 
      
Disposition of rules as of January 20, 2002: Went into effect; 
One-time delay of 60 days or less: 67; 
One-time delay of more than 60 days: 3; 
Multiple delays totaling more than 60 days: 5; 
Total number of rules: 75. 

Disposition of rules as of January 20, 2002: Did not go into effect; 
One-time delay of 60 days or less: 1; 
One-time delay of more than 60 days: 3; 
Multiple delays totaling more than 60 days: 11; 
Total number of rules: 15. 
       
Disposition of rules as of January 20, 2002: Total number of rules; 
One-time delay of 60 days or less: 68; 
One-time delay of more than 60 days: 6; 
Multiple delays totaling more than 60 days: 16; 
Total number of rules: 90. 

Source: GAO analysis of Federal Register publications. 

[End of table] 

Table 2 also shows that 15 of the rules subject to the Card memorandum 
whose effective dates were delayed had not taken effect by January 20, 
2002, as explained in the following examples. 

* Pursuant to the Card memorandum, EPA initially delayed the effective 
date of the agency's January 22, 2001, rule on arsenic in drinking 
water from March 23, 2001, until May 22, 2001. On April 23, 2001, EPA 
proposed extending the effective date until February 22, 2002, "to 
reassess the scientific and cost issues associated with this rule and 
to seek further public input on each of these issues." On May 22, 
2001, EPA published a final rule that confirmed the delay in the 
effective date.[Footnote 18] 

* On May 10, 2001, (2 days before the end of its Card-related delay) 
the Idaho District Court granted a preliminary injunction enjoining 
the Forest Service from implementing all aspects of the agency's 
January 12, 2001, "roadless area conservation" rule.[Footnote 19] 
Since then, the agency has taken several related administrative 
actions but has otherwise not implemented the rule. 

* On April 20, 2001, the Department of Energy (DOE) delayed the 
effective date of its January 22, 2001, rule on energy conservation 
standards for consumer central air conditioners and heat pumps 
indefinitely pending a court decision regarding a petition for 
judicial review.[Footnote 20] On July 25, 2001, DOE published a 
supplemental proposed rule and a proposed withdrawal of the original 
rule. The department said it was reopening the rulemaking record 
because litigation seemed inevitable. On September 27, 2001, DOE 
published a proposed rule that extended the comment period to October 
19, 2001. 

* On July 5, 2001, the Mine Safety and Health Administration (MSHA) 
announced that one part of its rule on "diesel particulate matter 
exposure for metal and nonmetal miners" would not take effect until 
disposition of litigation challenging the rule.[Footnote 21] On the 
same day, MSHA published a proposed rule that gave notice of the 
agency's intent to revise two provisions in the rule and requested 
comments from the mining industry. 

* On November 23, 2001, the Federal Aviation Administration (FAA) 
within DOT delayed the effective date of its "service difficulty 
reports" rule until January 16, 2003.[Footnote 22] FAA said the action 
was "prompted by concerns the aviation industry raised about the 
reporting requirements in the final rule and the FAA's decision to 
issue a notice of proposed rulemaking (NPRM) to address these 
concerns." 

* On December 5, 2001, FAA extended the effective date for portions of 
its rule on the Grand Canyon National Park "special flight rules area" 
until February 20, 2003.[Footnote 23] FAA said it did so because it 
was working on proposed changes to the rule. 

Table 2 also shows that 16 of the rules were delayed more than once-5 
that had gone into effect as of January 20, 2002, and 11 that had not 
gone into effect. For all but two of these rules, the agencies 
announced the additional delays without providing the public with a 
prior opportunity to comment, again generally citing the APA's rule of 
procedure and/or good cause exceptions. 

Delayed Rules That Were Modified or Withdrawn: 

As of January 20, 2002, most of the 90 delayed rules had not been 
changed since their publication as a final rule. However, one of the 
rules had been withdrawn by the issuing agency and had not been 
replaced. On November 9, 2001, the Bureau of Indian Affairs within the 
Department of the Interior published a "withdrawal of final rule" 
action in the Federal Register that withdrew the agency's January 16, 
2001, rule on "procedures used by Indian tribes and individuals to 
acquire title to land in trust."[Footnote 24] The agency said it 
withdrew the rule to address "specific areas of concern in a new 
rule," and said the withdrawal was effective immediately. 

Three other delayed rules were withdrawn by the agency but were 
replaced with new rules. A description of those rules and the post-
Card memorandum actions withdrawing and replacing them follows. 

* On July 6, 2001, HHS published a notice of proposed rulemaking 
seeking comments on three changes to its January 17, 2001, rule on 
"protection of human research subjects." On November 13, 2001, HHS 
published a final rule that withdrew and replaced the original 
rule."[Footnote 25] The Department said the new rule, among other 
things, clarified provisions for paternal consent when research is 
conducted involving fetuses and clarifies language that applies to 
research on newborns of uncertain viability. The new rule took effect 
on December 13, 2001. 

* On July 5, 2001, CMS proposed an amendment to its January 18, 2001, 
rule on "anesthesia services," allowing states to opt out of the 
physician supervision requirement. On November 13, 2001, CMS withdrew 
the original rule and made the proposed amendment final, effective on 
that date.[Footnote 26] The agency said the change in the rule would 
give states the flexibility to improve access and address safety 
issues. 

* On April 23, 2001, the Small Business Administration (SBA) published 
a proposed withdrawal of its January 22, 2001, rule on the "new 
markets venture capital program" and proposed new regulations to 
implement the program. On May 23, 2001, SBA published a final rule 
that withdrew and made the new regulations final.[Footnote 27] The 
agency said it was implementing the new regulations instead of the 
original rule because there were substantive changes made to the 
program based on the administration's review. 

In all four of the actions withdrawing the rules, the agencies first 
published a proposed rule and invited the public to comment on the 
withdrawal before taking final action. The four rules in existence at 
the time of the Card memorandum did not go into effect, but all three 
of the replacement rules had become effective by January 20, 2002. 
Nine other delayed rules had been changed in some way but not 
withdrawn by January 20, 2002, as the following examples illustrate. 

* On May 22, 2001, CMS published an interim final rule that clarified 
what facilities were subject to the requirements in the agency's rule 
on the use of restraint and seclusion in residential treatment 
facilities providing inpatient psychiatric services to individuals 
under the age of 21.[Footnote 28] The action also modified the rule's 
reporting requirements and amended staffing requirements. 

* On May 31, 2001, the Federal Railroad Administration (FRA) within 
DOT published a final rule that delayed the compliance date for one of 
the requirements in its January 17, 2001, "end of train devices" rule 
until "a future date to be specified."[Footnote 29] FRA said it did so 
in response to a petition from the Association of American Railroads. 
Later, on August 1, 2001, FRA published a final rule that 
clarified and amended the maintenance and testing requirements in the 
rule.[Footnote 30] FRA said it did so in response to another petition 
for reconsideration, and that it would respond to other petitions in 
the near future. 

* On October 18, 2001, the Food and Nutrition Service within the 
Department of Agriculture published a final rule delaying the 
implementation date of its December 29, 2000, "supplemental nutrition 
program for women, infants and children" from February 27, 2002, until 
October 1, 2002.[Footnote 31] In an earlier rule proposing this delay, 
the agency said the action was "necessary to provide State agencies 
additional time to implement the rule, to promote more effective and 
efficient implementation of the new requirements, and because the new 
implementation date corresponds with the beginning of the Federal 
fiscal year." 

* On December 3, 2001, NHTSA published a final rule that made 
clarifying amendments regarding the application of its rule on 
electrolyte spillage and electrical shock protection.[Footnote 32] 
NHTSA said it did so in response to petitions for reconsideration of 
the rule. 

* On December 13, 2001, NHTSA published a final rule that made various 
changes and clarifications to the agency's November 5, 1998, rule on 
school bus body joint strength.[Footnote 33] NHTSA said that it did so 
in response to petitions for reconsideration of the rule. 

All but one of the modified rules had gone into effect by January 20, 
2002. Most of the nine rules were changed without giving the public a 
prior opportunity for comment. 

Delayed Rules That May Be Changed or Withdrawn: 

Other delayed rules had not been withdrawn or changed by the 1-year 
anniversary of the Card memorandum, but the agencies indicated they 
might be changed or withdrawn in the future, as the following examples 
illustrate. 

* On June 29, 2001, the National Park Service within DOI settled a 
lawsuit in relation to its January 22, 2001, rule that placed 
restrictions on snowmobiles and other winter activities in Yellowstone 
and Grand Teton National Parks. As a result of the agreement, the 
National Park Service will develop a new environmental impact 
statement by March 15, 2002, and issue a new final rule by November 
15, 2002. A spokesperson for the National Park Service was quoted in 
the press as saying that the settlement of the lawsuit could result in 
a removal of restrictions on snowmobiles in the parks. 

* As noted previously, on July 25, 2001, DOE proposed the withdrawal 
of its January 22, 2001, rule on central air conditioner and heat pump 
energy conservation standards.[Footnote 34] DOE said it had made 
several errors during the promulgation of the rule and concluded that 
since litigation appeared inevitable, "the better course is to reopen 
the rulemaking record on issues regarding economic justification with 
the objective of publishing, after considering public comments, a 
final rule as soon as possible." 

* On August 17, 2001, CMS delayed the effective date of its rule on 
"Medicaid managed care" until August 16, 2002. Three days later, CMS 
published a proposed rule "to address some of the concerns that were 
expressed to the Department during our review."[Footnote 35] As of 
January 20, 2002, the proposed rule had not been made final. 

* A BLM rule on "onshore oil and gas operations" took effect on 
November 6, 2001, but on November 9, 2001, the agency said that it 
"may give further consideration to alternative approaches...either 
separately or in connection with broader revisions of its oil and gas 
regulations."[Footnote 36] 

* As noted previously, 

- MSHA has proposed revising two provisions of its rule on diesel 
particulate matter exposure for metal and nonmetal miners. 

- FAA indicated that it intends to issue a proposed rule addressing 
concerns raised by the aviation industry about its service difficulty 
reports rule. 

- FAA also indicated that it was working on changes to its rule on the 
Grand Canyon National Park special flight rules area. 

OIRA's recent report on the costs and benefits of federal regulations 
also suggested that some of the delayed rules might be in flux. In a 
May 2001 draft of the report, OIRA asked for suggestions from the 
public on specific regulations that could be rescinded or changed. 
OIRA received 71 suggestions from the public and, in its December 2001 
final report, the agency placed those suggestions into one of three 
categories: (1) "high priority"(those with which OIRA said it was 
"inclined to agree and look into the suggestion"), (2) "medium 
priority" (those on which OIRA said it needed more information), and 
(3) "low priority" (those on which OIRA said it was not convinced of 
the merits of the suggestion). OIRA put 23 of the 71 suggestions in 
the "high priority" category. Five of these 23 high priority 
suggestions involved rules that had been subject to the Card 
memorandum and had been delayed. Those rules were: 

* The Forest Service rule on roadless area conservation, 

* The DOE rule on air conditioner and heat pump energy conservation 
standards, 

* The HHS rule on standards for privacy of individually identifiable 
health information, 

* The National Park Service's rule on snowmobiles, and, 

* EPA's January 22, 2001, rule on arsenic in drinking water. 

OIRA's report said that it might send a "prompt" letter to the 
responsible agency in relation to each of the 23 high-priority 
suggestions for its "deliberation and response."[Footnote 37] 

Agency Comments and Our Evaluation: 

On February 6, 2002, we provided a draft of this report to the 
Director of the Office of Management and Budget for his review and 
comment. OIRA officials told us that they had no comments on the 
report. 

As we agreed with your office, unless you publicly announce the 
contents of this report earlier, we plan no further distribution of it 
until 30 days from the date of this letter. At that time, we will send 
copies of this letter to the Director of OMB, and the Chairman of the 
House Committee on Government Reform, the Ranking Minority Member of 
the Senate Committee on Governmental Affairs. The letter will also be 
available on GAO's home page at [hyperlink, http://www.gao.gov]. 

If you have any questions, you may contact Curtis Copeland or me at 
(202) 512-6806. Key contributors to this assignment include Joseph 
Santiago and Elizabeth Powell. 

Signed by: 
Victor S. Rezendes: 
Managing Director: 
Strategic Issues: 

[End of section] 

Appendix I: Rules Subject to the January 20, 2001, Card Memorandum 
That Were Delayed: 

Department of Agriculture (10): 

Date final rule appeared in the Federal Register: 12/01/00; 
Title: Livestock and Grain Market News Branch: Livestock Mandatory 
Reporting (Establishes a mandatory program of reporting information 
regarding the marketing of cattle, swine, lambs, and products of such 
livestock.)
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 01/30/01; 
Extended effective date: 04/02/01; 
Date of action extending effective date: 01/30/01; 
Summary of rulemaking and other actions[A]: On January 30, 2001, the 
Agricultural Marketing Service (AMS) published a final rule that 
postponed the effective date of the regulation from January 30, 2001, 
until April 2, 2001, but AMS did not mention the Card memo. AMS 
determined that additional time was required to adequately test the 
electronic system used to collect the required livestock reports and 
ensure that all program requirements and objectives would be met. In 
its December 2001 report on the costs and benefits of federal 
regulations, the Office of Information and Regulatory Affairs (OIRA) 
said that this rule went into effect on April 2, 2001.[B] 

Date final rule appeared in the Federal Register: 12/18/00
Title: Specifically Approved States Authorized to Receive Mares and 
Stallions Imported from Regions Where [Contagious Equine Metritis] CEM 
Exists; 
Major rule: [Empty]; 
Significant or substantive rule: [Empty]; 
Rule's effective date as of Card Memo: 02/16/01; 
Extended effective date: 04/17/01; 02/16/01; 
Date of action extending effective date: 02/05/01; 02/22/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 5, 2001, the Animal and Plant Health Inspection Service 
(APHIS) published a final rule delaying the effective date of the 
regulation from February 16, 2001, to April 17, 2001.[C] Subsequently, 
on February 22, 2001, APHIS published a direct final rule stating that 
it had finished its review and determined that "the rule may be made 
effective without further delay." In that rule, APHIS reestablished 
and confirmed the original effective date of February 16, 2001. 

Date final rule appeared in the Federal Register: 12/21/00; 
Title: National Organic Program (The National Organic Program 
establishes national standards for the production and handling of 
organically produced products, including a list of those substances 
approved for, or prohibited from, use in organic production and 
handling.)
Major rule: [Check]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/20/01; 
Extended effective date: 04/21/01; 
Date of action extending effective date: 03/20/01; 
Summary of rulemaking and other actions[A]: On March 20, 2001, AMS 
published a final rule that delayed the effective date of this rule 
for 60 days from February 20, 2001, until April 21, 2001, but AMS did 
not mention the Card memo. According to the agency, the rule’s 
effective date was delayed to meet the requirements of the 
Congressional Review Act portion of the Small Business Regulatory 
Enforcement Fairness Act (5 U.S.C. 801 et seq.), which does not permit 
a major rule to take effect until 60 days after it has been submitted 
to Congress and the Comptroller General. AMS did not submit the rule 
to Congress and the Comptroller General until February 20, 2001. In 
its December 2001 report on the costs and benefits of federal 
regulations, OIRA said that this rule went into effect on April 21, 
2001. 

Date final rule appeared in the Federal Register: 12/29/00; 
Title: Special Supplemental Nutrition Program for Women, Infants and 
Children (WIC); Food Delivery Systems (Strengthens vendor management 
in retail food delivery systems by establishing mandatory selection 
criteria, training requirements, criteria to identify high-risk 
vendors, and monitoring requirements, including compliance 
investigations.) 
Major rule: [Empty]; 
Significant or substantive rule: [Empty]; 
Rule's effective date as of Card Memo: 02/27/01; 
Extended effective date: 04/28/01; 
Date of action extending effective date: 02/05/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 5, 2001, the Food and Nutrition Service (FNS) published a 
final rule delaying the effective date of the regulation from February 
27, 2001, to April 28, 2001. The rule took effect on that date. On 
August 2, 2001, FNS published a related proposed rule that would, if 
made final, extend the implementation date of the regulation from 
February 27, 2002, until October 1, 2002. FNS said that the extension of
the implementation date was "necessary to provide State agencies 
additional time to implement the rule, to promote more effective and 
efficient implementation of the new requirements, and because the new 
implementation date corresponds with the beginning of the Federal 
fiscal year." On October 18, 2001, FNS published a final rule delaying 
the implementation date until October 1, 2002. 

Date final rule appeared in the Federal Register: 01/03/01; 
Title: Animal Welfare; Confiscation of Animals; 
Major rule: [Empty]; 
Significant or substantive rule: [Empty]; 
Rule's effective date as of Card Memo: 02/02/01; 
Extended effective date: 04/03/01; 
Summary of rulemaking and other actions[A]: Date of action extending 
effective date: 02/02/01; 
Pursuant to the Card memo, on February 2, 2001, APHIS published a 
final rule delaying the effective date of the regulation from February 
2, 2001, to April 3, 2001. The rule took effect on that date. 

Date final rule appeared in the Federal Register: 01/03/01; 
Title: Animal Welfare; Marine Mammals; 
Major rule: [Empty]; 
Significant or substantive rule: [Empty]; 
Rule's effective date as of Card Memo: 02/02/01; 
Extended effective date: 04/03/01; 
Summary of rulemaking and other actions[A]: Date of action extending 
effective date: 02/02/01; 
Pursuant to the Card memo, on February 2, 2001, APHIS published a 
final rule delaying the effective date of the regulation from February 
2, 2001, to April 3, 2001. The rule took effect on that date. 

Date final rule appeared in the Federal Register: 01/09/01; 
Title: Loans to Indian Tribes and Tribal Corporations; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/08/01; 
Extended effective date: 04/09/01; 
Summary of rulemaking and other actions[A]: Date of action extending 
effective date: 02/05/01; 
Pursuant to the Card memo, on February 5, 2001, the Farm Service 
Agency published a final rule delaying the effective date of the 
regulation from February 8, 2001, to April 9, 2001. The rule took 
effect on that date. 

Date final rule appeared in the Federal Register: 01/12/01; 
Title: Special Areas; Roadless Area Conservation (Prohibits road 
construction, road reconstruction, and timber harvesting in 
inventoried roadless areas on National Forest Service land.)
Major rule: [Check]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 03/13/01; 
Extended effective date: 05/12/01; 
Date of action extending effective date: 02/05/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 5, 2001, the Forest Service (FS) published a final rule 
delaying the effective date of the regulation from March 13, 2001, to 
May 12, 2001. Subsequently, on May 4, 2001, the Secretary of 
Agriculture, in a statement to the press, announced that the rule 
would become effective May 12, 2001, and that amendments would be 
proposed in June. On May 10, 2001, the Idaho District Court granted a 
preliminary injunction (see Kootenai Tribe of Idaho v. Veneman, 142 
F.Supp. 2d 1231 (D. Idaho 2001)) enjoining FS from implementing "all 
aspects of the Roadless Area Conservation Rule." The Court concluded 
that the comment period was "grossly inadequate and thus deprived the 
public of any meaningful dialogue or input in to the process." The 
injunction has been appealed and, as of January 20, 2002, was pending 
before the Ninth Circuit Court of Appeals. On June 7, 2001, the Chief 
of the Forest Service issued a letter that (1) reserved to himself the 
decision authority for timber harvest and road construction in 
inventoried roadless areas, (2) instructed agency officials and staff 
to complete the identification and mapping of existing classified 
roads, (3) instructed agency officials and staff to ensure that forest 
plan amendments and revisions consider the long-term protection and 
management of unroaded portions of inventoried roadless areas. On July 
10, 2001, FS published an advanced notice of proposed rulemaking to 
give the public an opportunity to comment on a number of key issues 
that have been raised regarding the protection of roadless areas. In 
January 2002, an FS official was quoted in the press as saying that 
the agency may participate in a dialogue with other interested parties 
in early 2002, and may propose new roadless area regulations later in 
the year. In its December 2001 report on the cost and benefits of 
federal regulations, OIRA identified this rule for “high priority” 
review. 

Date final rule appeared in the Federal Register: 01/12/01; 
Title: Food Stamp Program: Revisions to the Retail Food Store 
Definition and Program Authorization Guidance; 
Major rule: [Empty]; 
Significant or substantive rule: [Empty]; 
Rule's effective date as of Card Memo: 02/12/01; 
Extended effective date: 04/13/01; 08/13/01; 
Date of action extending effective date: 02/05/01; 04/12/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 5, 2001, FNS published a final rule delaying the effective 
date of the regulation from February 12, 2001, to April 13, 2001. 
Subsequently, on April 12, 2001, FNS published a final rule that 
further delayed the rule by 120 days to August 13, 2001. FNS said it 
did so to give Department officials the opportunity for further review 
of the rule and for consideration of new regulations. The rule took 
effect on August 13, 2001. 

Date final rule appeared in the Federal Register: 01/17/01; 
Title: Food Stamp Program: Personal Responsibility of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996; 
Major rule: [Check]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 04/02/01; 
Extended effective date: 06/01/01; 07/31/01; 
Date of action extending effective date: 02/05/01; 06/01/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 5, 2001, FNS published a final rule delaying the effective 
date of the regulation from April 2, 2001, to June 1, 2001. 
Subsequently, on June 1, 2001, FNS published a final rule that 
extended the effective date for an additional 60 days to July 31, 
2001. FNS said this would allow the new Under Secretary of the Food, 
Nutrition, and Consumer Service an opportunity to review the rule. The 
rule took effect on July 31, 2001. 

Department of Commerce (2): 

Date final rule appeared in the Federal Register: 12/11/00; 
Title: Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic 
Herring Fishery; Atlantic Herring Fishery Management Plan; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 03/12/01; 
Extended effective date: 05/11/01; 
Date of action extending effective date: 02/27/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 27, 2001, the National Oceanic and Atmospheric 
Administration (NOAA) published a final rule delaying the effective 
date of certain portions of this regulation from March 12, 2001, to 
May 11, 2001. The rule took effect on that date. 

Date final rule appeared in the Federal Register: 12/29/00; 
Title: Fisheries of the Northeastern United States; Dealer Reporting 
Requirements; 
Major rule: [Empty]; 
Significant or substantive rule: [Empty]; 
Rule's effective date as of Card Memo: 01/28/01; 
Extended effective date: 04/01/01; 
Date of action extending effective date: 02/12/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 12, 2001, NOAA published a notification staying the 
effective date of the notification published on December 29, 2000, 
from January 28, 2001, to April 1, 2001. Those parts of the rule took 
effect on that date. 

Department of Education (3): 

Date final rule appeared in the Federal Register: 01/08/01; 
Title: Developing Hispanic-Serving Institutions Program; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/07/01; 
Extended effective date: 04/08/01; 
Date of action extending effective date: 02/01/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 1, 2001, the Department of Education (DOEd) published a 
final rule delaying the effective date of the regulation from February 
7, 2001, to April 8, 2001. 

Date final rule appeared in the Federal Register: 01/08/01; 
Title: Assistance to States for the Education of Children with 
Disabilities; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/09/01; 
Extended effective date: 04/10/01; 
Date of action extending effective date: 02/02/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 2, 2001, DOEd published a final rule delaying the 
effective date of the regulation from February 9, 2001, to April 10, 
2001. 

Date final rule appeared in the Federal Register: 01/17/01; 
Title: State Vocational Rehabilitation Services Program
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/16/01; 
Extended effective date: 04/17/01; 
Date of action extending effective date: 02/02/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 2, 2001, DOEd published a final rule delaying the 
effective date of the regulation from February 16, 2001, to April 17, 
2001. 

Department of Energy (8): 

Date final rule appeared in the Federal Register: 01/10/01; 
Title: Nuclear Safety Management; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/09/01; 
Extended effective date: 04/10/01; 
Date of action extending effective date: 02/02/01; 
Summary of rulemaking and other actions[A]: 
Pursuant to the Card memo, on February 2, 2001, the Department of 
Energy (DOE) published a final rule delaying the effective date of the 
regulation from February 9, 2001, to April 10, 2001. Subsequently, on 
April 17, 2001, DOE published a final rule stating that the Department 
had completed its review and that it was not modifying the rule. DOE 
also confirmed the April 10, 2001, effective date. 

Date final rule appeared in the Federal Register: 01/11/01; 
Title: Alternate Fuel Transportation Program; Biodiesel Fuel Use 
Credit; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/12/01; 
Extended effective date: 04/13/01; 
Date of action extending effective date: 02/02/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 2, 2001, DOE published a final rule delaying the effective 
date of the regulation from February 12, 2001, to April 13, 2001. 
Subsequently, on May 2, 2001, DOE published a final rule stating that 
the Department had completed its review and that it was not modifying 
the rule. DOE also confirmed the April 13, 2001, effective date. 

Date final rule appeared in the Federal Register: 01/12/01; 
Title: Energy Efficiency Program for Commercial and Industrial 
Equipment; Efficiency Standards for Commercial Heating, Air 
Conditioning and Water Heating Equipment; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/12/01; 
Extended effective date: 04/13/01; 
Date of action extending effective date: 02/02/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 2, 2001, DOE published a final rule delaying the effective 
date of the regulation from February 12, 2001, to April 13, 2001. 
Subsequently, on May 21, 2001, DOE published a final rule stating that 
the Department had completed its review and that it was not modifying 
the rule. DOE also confirmed the April 13, 2001, effective date. 

Date final rule appeared in the Federal Register: 01/12/01' 
Title: Office of Energy Efficiency and Renewable Energy; Energy 
Conservation Program for Consumer Products: Clothes Washer Energy 
Conservation Standards; 
Major rule: [Check]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/12/01; 
Extended effective date: 04/13/01; 
Date of action extending effective date: 02/02/01; 
Summary of rulemaking and other actions[A]: Although the effective 
date of most of the rule is January 1, 2004, the effective date for 
one part of the rule was February 12, 2001. On February 2, 2001, 
pursuant to the Card memo, DOE published a final rule that delayed the 
effective date for this section of the rule until April 13, 2001. On 
April 17, 2001, DOE published a final rule denying a petition for 
reconsideration of the rule, and confirming its April 13, 2001, 
effective date. 

Date final rule appeared in the Federal Register: 01/18/01; 
Title: Nondiscrimination on the Basis of Sex in Education Programs or 
Activities Receiving Federal Financial Assistance; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/20/01; 
Extended effective date: 04/23/01; 
Date of action extending effective date: 02/02/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 2, 2001, DOE published a final rule delaying the effective 
date of the regulation from February 20, 2001, to April 23, 2001. 
Subsequently, on April 11, 2001, DOE published a final rule stating 
that it had completed its review and that it was not modifying the 
rule. DOE also confirmed this rule’s April 23, 2001, effective date. 

Date final rule appeared in the Federal Register: 01/18/01; 
Title: Contractor Legal Management Requirements; Department of Energy 
Acquisition Regulation; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/20/01; 
Extended effective date: 04/23/01; 
Date of action extending effective date: 02/02/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 2, 2001, DOE published a final rule delaying the effective 
date of the regulation from February 20, 2001, to April 23, 2001. 
Subsequently, on April 17 2001, DOE published a final rule stating 
that it had completed its review and that it was not modifying the 
rule. DOE also confirmed this rule’s April 23, 2001, effective date. 

Date final rule appeared in the Federal Register: 01/18/01; 
Title: Office of Security and Emergency Operations; Security 
Requirements for Protected Disclosures Under Section 3164 of the 
National Defense Authorization Act for Fiscal Year 2000 (Prescribes 
the security procedures that a DOE employee or contractor must follow 
to make a protected disclosure of classified or other controlled 
information); 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/20/01; 
Extended effective date: 04/23/01; 
Date of action extending effective date: 02/02/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 2, 2001, DOE published a final rule delaying the effective 
date of the regulation from February 20, 2001, to April 23, 2001. 
Subsequently, on May 10, 2001, DOE published a final rule stating that 
DOE had completed its review and that it was not modifying the rule. 
DOE also confirmed this rule’s April 23, 2001, effective date. On 
October 30, 2001, DOE published a final rule, effective November 29, 
2001, amending one section of the rule to address the scope of the 
whistle blower protection program. The change was made pursuant to a 
comment from the Special Counsel of the U.S. Office of the Special 
Counsel clarifying that disclosure of information is also protected 
under the Whistleblower Protection Act of 1989. 

Date final rule appeared in the Federal Register: 01/22/01; 
Title: Energy Conservation Program for Consumer Products; Central Air 
Conditioners and Heat Pump Energy Conservation Standards; 
Major rule: [Check]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/21/01; 
Extended effective date: 04/23/01; indefinite; 
Date of action extending effective date: 02/02/01; 04/20/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 2, 2001, DOE published an interim final rule delaying the 
effective date of the regulation from February 21, 2001, to April 23, 
2001. However, DOE did not change the date when the rule would be 
enforceable against manufacturers– January 23, 2006. During the 60-day 
review period, DOE received a petition from the Air-Conditioning and 
Refrigeration Institution (ARI) contending that the new rule “unfairly 
and erroneously raised the standards level…” On March 19, 2001, DOE 
was notified that ARI had filed a petition for review in the United 
States Court of Appeals for the Fourth Circuit. On April 20, 2001, DOE 
published a final rule that delayed this rule’s effective date 
indefinitely pending a decision by the United States Court of Appeals 
for the Fourth Circuit regarding ARI's petition for judicial review of 
the final rule. The agency indicated that it would likely resolve the 
issues raised by ARI through supplemental rulemaking that would be 
forthcoming. On July 25, 2001, DOE published a supplemental proposed 
rule and a proposed withdrawal of the final rule. In its proposed 
withdrawal of the final rule, the agency stated that it had concluded 
that the January 22, 2001, rule should be reconsidered and therefore 
granted ARI's petition. DOE said that it granted the petition because 
"(1) [it] should have invited the Department of Justice to submit a 
supplemental determination on the potential anti-competitive impact, 
(2) the statement of basis for the final rule did not sufficiently 
explain DOE's consideration of cumulative burden attributable to other 
Federal agencies' and State regulatory actions, which was necessary to 
DOE's conclusion regarding the potential impact of the final rule on 
manufacturers, and (3) [it] gave inadequate weight to the potential 
impact of higher installation and equipment costs on some types of 
consumers and to potential burdens on manufacturers." DOE also 
concluded that since litigation appeared inevitable, "the better 
course is to reopen the rulemaking record on issues regarding economic 
justification with the objective of publishing, after considering 
public comments, a final rule, as soon as possible in 2001." On 
September 27, 2001, DOE published a proposed rule that extended the 
comment period to October 19, 2001. In its December 2001 report on the 
cost and benefits of federal regulations, OIRA identified this rule 
for “high priority” review. 

Department of Health and Human Services (16): 

Date final rule appeared in the Federal Register: 12/03/99; 
Title: Prescription Drug Marketing Act of 1987: Prescription Drug 
Amendments of 1992; Policies, Requirements and Administrative 
Procedures; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 10/01/01; 
Extended effective date: 04/01/02; 
Date of action extending effective date: 03/01/01; 
Summary of rulemaking and other actions[A]: Prior to the publication 
of the Card memo, on May 3, 2000, the Food and Drug Administration 
(FDA) delayed the effective date of certain requirements in the rule 
to October 1, 2001. The delayed requirements relate to wholesale 
distribution of prescription drugs by distributors of record and 
distribution of blood derivatives by entities that meet the definition 
of a "health care entity." On March 1, 2001, FDA published a final 
rule that further delayed the effective date of the pending provisions 
to April 1, 2002, and said that the delay was needed in order to 
address concerns raised by affected parties about the requirements. 
However, FDA noted that the extension satisfied the 60 days required 
by the Card memo. 

Date final rule appeared in the Federal Register: 01/26/00; 
Title: Aluminum in Large and Small Volume Parenterals Used in Total 
Parenteral Nutrition (Adds certain labeling requirements, specifies 
upper limit, and requires applicant to submit validated assay methods 
for detecting aluminum content in parenteral drug products); 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 01/26/01; 
Extended effective date: 01/26/03; 
Date of action extending effective date: 01/26/01; 
Summary of rulemaking and other actions[A]: On January 26, 2001, FDA 
published a final rule that extended this rule's effective date until 
January 26, 2003, but did not mention the Card memo. The agency stated 
that some of the affected products were medically necessary and 
without alternatives, and could not be reformulated by the existing 
effective date. This inability to reformulate the products raised 
several safety concerns, including the potential risk to certain 
patients. 

Date final rule appeared in the Federal Register: 10/30/00; 
Title: Postmarketing Studies for Approved Human Drug and Licensed 
Biological Products; Status Reports; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/27/01; 
Extended effective date: 04/30/01; 
Date of action extending effective date: 02/20/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 20, 2001, FDA published a final rule delaying the 
effective date of the regulation from February 27, 2001, to April 30, 
2001. The rule took effect on that date. 

Date final rule appeared in the Federal Register: 12/27/00; 
Title: National Medical Support Notice; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 01/26/01; 
Extended effective date: 03/27/01; 
Date of action extending effective date: 01/26/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on January 26, 2001, the Office of Child Support Enforcement published 
a final rule delaying the effective date of the regulation from 
January 26, 2001, to March 27, 2001. The rule took effect on that date. 

Date final rule appeared in the Federal Register: 12/28/00; 
Title: Standards for Privacy of Individually Identifiable Health 
Information; 
Major rule: [Check]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/26/01; 
Extended effective date: 04/14/01; 
Date of action extending effective date: 02/26/01; 
Summary of rulemaking and other actions[A]: On February 26, 2001, the 
Office for Civil Rights (OCR) within the Office of the Secretary 
published a final rule that delayed the effective date of this rule 
from February 26, 2001, to April 14, 2001, but OCR did not mention the 
Card memo. According to OCR, the rule’s effective and compliance dates 
were delayed to meet the requirements of the Congressional Review Act, 
which does not permit a major rule to take effect until 60 days after 
it has been submitted to Congress and the Comptroller General. OCR did 
not submit the final rule to Congress and the Comptroller General 
until February 13, 2001. On February 28, 2001, OCR published a final 
rule to solicit comments on a technical amendment to the rule. These 
comments were due no later than March 30, 2001. According to OCR, this 
action did not affect the newly established effective date of April 
14, 2001. In its December 2001 report on the cost and benefits of 
federal regulations, OIRA identified this rule for “high priority” 
review. 

Date final rule appeared in the Federal Register: 01/04/01; 
Title: Medicare and Medicaid Programs; Physicians' Referrals to Health 
Care Entities With Which They Have Financial Relationships; 
Major rule: [Empty]; 
Significant or substantive rule: [Empty]; 
Rule's effective date as of Card Memo: 02/05/01; 01/04/02; 
Extended effective date: 04/06/01; 01/06/03; 
Date of action extending effective date: 02/02/01; 12/03/01; 
Summary of rulemaking and other actions[A]: Section 424.22(d) of the 
rule was originally scheduled to take effect on February 5, 2001. The 
remainder of the rule was originally scheduled to take effect on 
January 4, 2002. Pursuant to the Card memo, on February 2, 2001, the 
Centers for Medicare and Medicaid Service (CMS)[D] published a final 
rule delaying the effective date of section 424.22(d) until April 6, 
2001. That portion of the rule took effect on that date. On December 
3, 2001, CMS published a final rule that delayed the effective date of 
the last sentence of section 411.354(d)(1) of the rule until January 
6, 2003. CMS said this extension would give officials the opportunity 
to reconsider a key definition of the regulation. 

Date final rule appeared in the Federal Register: 01/11/01; 
Title: State Child's Health; Implementing Regulations for the State 
Children's Health Insurance Program; 
Major rule: [Check]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 04/11/01; 
Extended effective date: 06/11/01; 06/25/01; 
Date of action extending effective date: 02/26/01; 06/11/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 26, 2001, CMS published a final rule delaying the 
effective date of the regulation from April 11, 2001, to June 11, 
2001. Subsequently, on June 11, 2001, CMS published a final rule that 
further extended the effective date until June 25, 2001. The agency 
stated that it delayed the rule again "because we have determined that 
a short additional period is required to properly consider and 
promulgate necessary revisions." On June 25, 2001, CMS published an 
interim final rule that revised certain provisions and solicited 
public comment, made technical corrections, and delayed the effective 
date until August 24, 2001. The amended rule took effect on that date. 

Date final rule appeared in the Federal Register: 01/11/01; 
Title: Medicaid: Federal Financial Participation Limits; 
Major rule: [Check]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 03/12/01; 
Extended effective date: 05/11/01; 
Date of action extending effective date: 03/12/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on March 12, 2001, CMS published a final rule delaying the effective 
date of the regulation from March 12, 2001, to May 11, 2001. The rule 
took effect on that date. 

Date final rule appeared in the Federal Register: 04/07/00; 
Title: Hematology and Pathology Devices; Reclassification; Restricted 
Devices; OTC Test Sample Collection Systems for Drugs of Abuse Testing; 
Major rule: [Empty]; 
Significant or substantive rule: [Empty]; 
Rule's effective date as of Card Memo: 04/09/01; 
Extended effective date: 06/08/01; 
Date of action extending effective date: 03/30/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on March 30, 2001, CMS published a final rule delaying the effective 
date of the regulation from April 9, 2001, to June 8, 2001. The rule 
took effect on that date. 

Date final rule appeared in the Federal Register: 01/12/01; 
Title: Medicare Program; Payment for Nursing and Allied Health 
Education; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 03/13/01; 
Extended effective date: 05/14/01; 
Date of action extending effective date: 03/12/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on March 12, 2001, CMS published a final rule delaying the effective 
date of the regulation from March 13, 2001, to May 14, 2001. The rule 
took effect on that date. 

Date final rule appeared in the Federal Register: 01/17/01; 
Title: Opioid Drugs in Maintenance and Detoxification Treatment of 
Opiate Addiction; Repeal of Current Regulations and Issuance of New 
Regulations; 
Major rule: [Empty]; 
Significant or substantive rule: [Empty]; 
Rule's effective date as of Card Memo: 03/19/01; 
Extended effective date: 05/18/01; 
Date of action extending effective date: 03/19/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on March 19, 2001, the Substance Abuse and Mental Health Services 
Administration published a final rule delaying the effective date of 
the regulation from March 19, 2001, to May 18, 2001. The rule took 
effect on that date. 

Date final rule appeared in the Federal Register: 01/17/01; 
Title: Protection of Human Research Subjects (Provides additional 
protections for pregnant women and human fetuses involved in research 
and pertains to human in vitro fertilization); 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 03/19/01; 
Extended effective date: 05/18/01; 11/14/01; 
Date of action extending effective date: 03/19/01; 05/18/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on March 19, 2001, the Department of Health and Human Services (HHS) 
published a final rule delaying the effective date of the regulation 
from March 19, 2001, to May 18, 2001. On May 18, 2001, HHS published a 
final rule delaying the effective date until November 14, 2001. The 
Department said it was doing so “pending the Department’s action on 
forthcoming (sic) notice of proposed rulemaking.” On July 6, 2001, HHS 
published a notice of proposed rulemaking seeking comments on three 
proposed changes in the original rule. On November 13, 2001, HHS 
published a final rule that withdrew and replaced the January 17, 
2001, rule. The Department said the new rule, among other things, 
clarified provisions for paternal consent when research is conducted 
involving fetuses and clarifies language that applies to research on 
newborns of uncertain viability. The rule took effect on December 13, 
2001. 

Date final rule appeared in the Federal Register: 01/18/01; 
Title: Medicare and Medicaid Programs: Hospital Conditions of 
Participation: Anesthesia Services; 
Major rule: [Empty]; 
Significant or substantive rule: [Empty]; 
Rule's effective date as of Card Memo: 03/19/01; 
Extended effective date: 05/18/01; 11/14/01; 
Date of action extending effective date: 03/19/01; 05/18/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on March 19, 2001, CMS published a final rule delaying the effective 
date from March 19, 2001, until May 18, 2001. Subsequently, CMS 
published a final rule on May 18, 2001, delaying the effective date 
until November 14, 2001. CMS said this delay was needed to provide an 
opportunity to obtain comments on modifications to the rule. On July 
5, 2001, CMS published a proposed rule to amend the physician 
supervision requirement, permitting states to exempt themselves from 
the requirement. CMS said that the change would give states the 
flexibility to improve access and address safety issues. Comments on 
the proposed rule were due by September 4, 2001. On November 13, 2001, 
CMS published a final rule making final the proposed changes and 
withdrawing the original rule. The amendments took effect on that date. 

Date final rule appeared in the Federal Register: 01/19/01; 
Title: Medicaid Program: Medicaid Managed Care (Among other things, 
allows states greater flexibility to amend their state plans to 
require certain categories of Medicaid beneficiaries to enroll in 
managed care without obtaining waivers; establishes new beneficiary 
protections and eliminates impediments to the growth of managed care 
programs); 
Major rule: [Check]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 04/19/01; 
Extended effective date: 06/18/01 08/17/01; 08/16/02; 
Date of action extending effective date: 02/26/01; 06/18/01; 08/17/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 26, 2001, CMS published a final rule delaying the 
effective and implementation dates of the regulation from April 19, 
2001, to June 18, 2001. Subsequently, on June 18, 2001, CMS published 
a final rule that again extended the effective and implementation 
dates until August 17, 2001. The agency stated, "a short additional 
period is required [to properly address concerns raised by key 
stakeholders]." On August 17, 2001, CMS published a final rule that 
further extended the effective and implementation dates until August 
16, 2002. According to CMS, the previous delays were necessary to give 
newly appointed department officials the opportunity to review and 
consider the new regulations. CMS said that during the previous review 
periods, key stakeholders expressed "strong (sometimes opposing) views 
about the regulation." Therefore, the agency said that this further 
delay was necessary to give the public an opportunity to comment on 
the length of the delay of the effective date. On August 20, 2001, CMS 
published a proposed rule that would address some of the concerns that 
“were expressed to the Department during our review.” CMS proposed to 
amend the rule by providing states with greater flexibilities in 
administering the Medicaid program. The agency also proposed to expand 
on “existing regulatory beneficiary protection provided to enrollees 
of prepaid health plans” by requiring these plans to provide services 
on an inpatient basis to meet requirements under the Balanced Budget 
Act of 1997 that would not otherwise apply to these entities. In 
addition, CMS said that this proposed would allow the public 
additional opportunity to comment on the rule. 

Date final rule appeared in the Federal Register: 01/22/01; 
Title: Medicare Program; Use of Restraint and Seclusion in Residential 
Treatment Facilities Providing Inpatient Psychiatric Services to 
Individuals Under Age 21 (Establishes a definition of a “psychiatric 
residential treatment facility” that is not a hospital and that may 
furnish covered Medicaid inpatient psychiatric services for 
individuals under age 21; establishes standards for the use of 
restraints or seclusion); 
Major rule: [Empty]; 
Significant or substantive rule: [Empty]; 
Rule's effective date as of Card Memo: 03/23/01; 
Extended effective date: 05/22/01; 
Date of action extending effective date: 03/21/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on March 21, 2001, CMS published an interim final rule delaying the 
effective date of the regulation from March 23, 2001, to May 22, 2001. 
The rule took effect on that date. On May 22, 2001, CMS published an 
interim final rule clarifying what facilities were subject to the 
requirements, modifying reporting requirements, and amending staffing 
requirements. CMS said it did so because of concerns raised in 
comments on the January 22, 2001, interim final rule. CMS also 
extended the comment period on this rule to July 23, 2001. However, it 
did not extend the rule’s effective date. 

Date final rule appeared in the Federal Register: 01/22/01; 
Title: Revision of Administrative Practices and Procedures; Meetings 
and Correspondence; Public Calendars; 
Major rule: [Empty]; 
Significant or substantive rule: [Empty]; 
Rule's effective date as of Card Memo: 01/22/01; 
Extended effective date: 04/23/01; 
Date of action extending effective date: 03/01/01; 
Summary of rulemaking and other actions[A]: 
Pursuant to the Card memo, on March 1, 2001, FDA published a final 
rule delaying the effective date of the regulation from January 22, 
2001, to April 23, 2001. The rule took effect on that date. 

Department of Housing and Urban Development (4): 

Date final rule appeared in the Federal Register: 01/17/01; 
Title: Revision to the Application Process for Community Development 
Block Grants for Indian Tribes and Alaska Native Villages; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/16/01; 
Extended effective date: 04/16/01; 
Date of action extending effective date: 01/30/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on January 30, 2001, the Department of Housing and Urban Development 
(HUD) published a final rule delaying the effective date of the 
regulation from February 16, 2001, to April16, 2001. 

Date final rule appeared in the Federal Register: 01/19/01; 
Title: Discontinuation of the Section 221(d)(2) Mortgage Insurance 
Program; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/20/01; 
Extended effective date: 04/20/01; 
Date of action extending effective date: 01/30/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on January 30, 2001, HUD published a final rule delaying the effective 
date of the regulation from February 20, 2001, to April 20, 2001. 

Date final rule appeared in the Federal Register: 01/19/01; 
Title: Determining Adjusted Income in HUD Programs Serving Persons 
with Disabilities: Requiring Mandatory Deductions for Certain 
Expenses; and Disallowance for Earned Income; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/20/01; 
Extended effective date: 04/20/01; 
Date of action extending effective date: 01/30/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on January 30, 2001, HUD published a final rule delaying the effective 
date of the regulation from February 20, 2001, to April 20, 2001. 

Date final rule appeared in the Federal Register: 01/22/01; 
Title: Revision of Freedom of Information Act Regulations; 
Major rule: [Empty]; 
Significant or substantive rule: [Empty]; 
Rule's effective date as of Card Memo: 02/21/01
Extended effective date: 04/23/01
Date of action extending effective date: 01/30/01
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on January 30, 2001, HUD published a final rule delaying the effective 
date of the regulation from February 21, 2001, to April 23, 2001. 

Department of the Interior (6): 

Date final rule appeared in the Federal Register: 01/10/01; 
Title: Oil and Gas Leasing: Onshore Oil and Gas Operations; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/09/01; 
Extended effective date: 04/10/01; 08/08/01; 11/06/01; 
Date of action extending effective date: 02/08/01; 04/10/01; 08/07/01; 
Summary of rulemaking and other actions[A]: 
Pursuant to the Card memo, on February 8, 2001, the Bureau of Land 
Management (BLM) published a final rule delaying the effective date of 
the regulation from February 9, 2001, until April 10, 2001. 
Subsequently, on April 10, 2001, BLM published a final rule that 
delayed certain parts of the rule for 120 additional days until August 
8, 2001, “in order to seek further public comments.” On May 11, 2001, 
BLM published a correcting amendment to the rule removing in one 
paragraph the phrase “the operating rights owner” and adding the 
phrase “the lessee(s) and operating rights owner(s).” BLM said this 
change was effective on April 10, 2001. On August 7, 2001, BLM 
published a final rule that further extended the effective date of the 
previously delayed provisions until November 6, 2001. The agency said 
that it had received several highly technical comments and could not 
complete its review before August 8, 2001. Therefore, it was necessary 
to extend the effective date by 90 days. On November 9, 2001, BLM 
published a final rule confirming the effective date as November 6, 
2001. However, BLM said that it “may give further consideration to 
alternative approaches…either separately or in connection with broader 
revisions of its oil and gas regulations.” 

Date final rule appeared in the Federal Register: 01/16/01; 
Title: Acquisition of Title to Land in Trust (procedures used by 
Indian tribes and individuals to acquire title land in trust); 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/15/01; 
Extended effective date: 04/16/01; 08/13/01; 11/10/01; 
Date of action extending effective date: 02/05/01; 04/16/01; 08/13/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 5, 2001, the Bureau of Indian Affairs (BIA) published a 
final rule delaying the effective date of the regulation from February 
15, 2001, until April 16, 2001. Subsequently, on April 16, 2001, BIA 
published a proposed rule that extended the effective date for an 
additional 120 days to August 13, 2001. BIA said it was doing so “in 
order to seek comments on whether the final rule should be amended in 
whole or in part or withdrawn in whole or in part.” Comments on the 
extension were due by June 15, 2001. On August 13, 2001, BIA published 
a final rule extending the effective date to November 10, 2001, “in 
order to continue to review comments that were received from the prior 
extension.” On the same day, BIA published a notice seeking public 
comment on whether the original rule should be withdrawn and a “
further rule proposed to better address the public’s continued concerns.
” On November 9, 2001, BIA published a “withdrawal of final rule” 
action in the Federal Register. The agency said it was withdrawing the 
rule to address “specific areas of concern in a new rule.” The agency 
said the withdrawal was effective immediately. 

Date final rule appeared in the Federal Register: 01/16/01; 
Title: Policy on Maintaining the Biological Integrity, Diversity, and 
Environmental Health of the National Wildlife Refuge System; 
Major rule: [Empty]; 
Significant or substantive rule: [Empty]; 
Rule's effective date as of Card Memo: 02/15/01; 
Extended effective date: 04/16/01; 
Date of action extending effective date: 02/08/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 8, 2001, the Fish and Wildlife Service (FWS) published a 
final rule delaying the effective date of the regulation from February 
15, 2001, to April 16, 2001. The rule took effect on that date. 

Date final rule appeared in the Federal Register: 01/17/01; 
Title: Loan Guaranty, Insurance, and Interest Subsidy; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/16/01; 
Extended effective date: 04/17/01; 
Date of action extending effective date: 02/05/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 5, 2001, BIA published a final rule delaying the effective 
date of the regulation from February 16, 2001, to April 17, 2001. The 
rule took effect on that date. 

Date final rule appeared in the Federal Register: 01/18/01; 
Title: Boating Infrastructure Grant Program; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/20/01
Extended effective date: 04/21/01
Date of action extending effective date: 02/08/01
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 8, 2001, FWS published a final rule delaying the effective 
date of the regulation from February 20, 2001, to April 21, 2001. The 
rule took effect on that date. 

Date final rule appeared in the Federal Register: 01/22/01; 
Title: Special Regulations: Areas of the National Park System 
(restrictions on snowmobiles and other winter activities in 
Yellowstone and Grand Teton National Parks as well as the John D. 
Rockefeller, Jr. Memorial Parkway); 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/21/01; 
Extended effective date: 04/22/01; 
Date of action extending effective date: 01/31/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on January 31, 2001, the National Park Service (NPS) published a final 
rule delaying the effective date from February 21, 2001, until April 
22, 2001. The rule took effect on that date. In December 2000, in 
anticipation of the final rule, the International Snowmobile 
Manufacturers Association, the State of Wyoming, and recreational 
groups filed suit in federal district court against NPS (International 
Snowmobile Manufacturers Association v. National Park Service, D.Wyo., 
No. 2000-CV-0229). According to press accounts, the parties settled 
the lawsuit on June 29, 2001, and, as a result of the agreement, NPS 
will conduct a new environmental impact statement by March 15, 2002, 
and issue a final rule on the proposed ban by November 15, 2002—a 
month before the official snowmobile season begins and the first phase 
outs were to begin under the final rule. On June 29, 2001, an NPS 
spokesperson was quoted in the press saying that the settlement of the 
lawsuit could result in the lifting of the snowmobile ban. In its 
December 2001 report on the cost and benefits of federal regulations, 
OIRA identified this rule for “high priority” review. 

Department of Justice (4): 

Date final rule appeared in the Federal Register: 12/28/00; 
Title: Clarification of Parole Authority; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 01/29/01; 
Extended effective date: 03/30/01; 
Date of action extending effective date: 01/26/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on January 26, 2001, the Immigration and Naturalization Service (INS) 
published a final rule delaying the effective date of the regulation 
from January 29, 2001, to March 30, 2001. 

Date final rule appeared in the Federal Register: 12/28/00; 
Title: Temporary Protected Status: Amendments to the Requirements for 
Employment Authorization Fee, and Other Technical Amendments; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 01/29/01; 
Extended effective date: 03/30/01; 
Date of action extending effective date: 01/26/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on January 26, 2001, INS published a final rule delaying the effective 
date of the regulation from January 29, 2001, to March 30, 2001. 

Date final rule appeared in the Federal Register: 01/05/01; 
Title: Update of the List of Countries Whose Citizens or Nationals Are 
Ineligible for Transit Without Visa (TWOV) Privileges to the United 
States Under the TWOV Program; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/05/01; 
Extended effective date: 04/06/01; 
Date of action extending effective date: 02/02/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 2, 2001, INS published a final rule delaying the effective 
date of the regulation from February 5, 2001, to April 6, 2001. 

Date final rule appeared in the Federal Register: 01/22/01; 
Title: National Instant Criminal Background Check System Regulation; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 03/05/01; 
Extended effective date: 05/04/01; 07/03/01; 
Date of action extending effective date: 03/01/01; 05/04/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on March 1, 2001, the Federal Bureau of Investigation (FBI) published 
a final rule delaying the effective date of the regulation from March 
5, 2001, to May 4, 2001. Subsequently, on May 4, 2001, the FBI 
published a final rule delaying the effective date for another 60 days 
“with the goal of adopting a regulation that will resolve issues 
regarding audit requirements, privacy interests, and other 
considerations identified during the recent 60-day review period.” 

Department of Labor (5): 

Date final rule appeared in the Federal Register: 12/27/00; 
Title: National Medical Support Notice; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 01/26/01; 
Extended effective date: 03/27/01; 
Date of action extending effective date: 01/26/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on January 26, 2001, the Pension and Welfare Benefits Administration 
published a final rule delaying the effective date of the regulation 
from January 26, 2001, to March 27, 2001. 

Date final rule appeared in the Federal Register: 01/11/01; 
Title: Welfare-to-Work Grants; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/12/01; 
Extended effective date: 04/13/01; 
Date of action extending effective date: 02/12/01; 
Summary of rulemaking and other actions[A]: On January 11, 2001, the 
Employment and Training Administration (ETA) published a final rule 
implementing Welfare-to-Work Grants and, in the same publication, 
published an interim final rule implementing the Welfare-to-Work and 
Child Support Amendments of 1999. On February 12, 2001, ETA published 
a final rule that delayed the effective date of both the grants and 
the amendments pursuant to the Card memo from February 12, 2001, until 
April 13, 2001. It also extended the date for receipt of comments on 
the child support amendments for 30 days from March 12, 2001, to April 
11, 2001. 

Date final rule appeared in the Federal Register: 01/18/01; 
Title: Safety Standards for Steel Erection (Revises construction 
industry standards that regulate steel erection and enhances 
protections of workers); 
Major rule: [Check]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 07/18/01; 
Extended effective date: 01/18/02; 
Date of action extending effective date: 07/17/01; 
Summary of rulemaking and other actions[A]: On July 17, 2001, the 
Occupational Safety and Health Administration (OSHA) published a final 
rule delaying the effective date of the regulation from July 18, 2001, 
to January 18, 2002. Although OSHA cited the Card memo, the agency 
indicated that it was delaying the effective date because employers 
had a wide range of questions related to the standard and their 
ability to comply with it by the original effective date. According to 
press accounts, on August 27, 2001, the Associated General Contractors 
of America sent a letter to the Administrator of OSHA objecting to 
parts of the rule and asking the agency to delay its January 18, 2002, 
effective date. On November 21, 2001, OSHA posted a draft compliance 
directive for the steel erection standard on its website. 

Date final rule appeared in the Federal Register: 01/19/01; 
Title: Diesel Particulate Matter Exposure–Coal Miners; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 03/20/01; 
Extended effective date: 05/21/01; 
Date of action extending effective date: 03/15/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on March 15, 2001, the Mine Safety and Health Administration (MSHA) 
published a final rule that delayed the effective date of part of this 
regulation from March 20, 2001, to May 21, 2001. The other parts of 
the rule had effective dates in 2002, 2003, and 2005, and, were not 
delayed. On May 21, 2001, MSHA published a final rule containing 
corrections that were effective on May 21, 2001. 

Date final rule appeared in the Federal Register: 01/19/01; 
Title: Diesel Particulate Matter Exposure of Metal and Nonmetal Miners 
(Establishes new health standards for underground metal and nonmetal 
miners working at mines that use equipment powered by diesel engines); 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 03/20/01; 
Extended effective date: 05/21/01; 07/05/01; indefinite; 
Date of action extending effective date: 03/15/01; 05/21/01; 07/05/01; 
Summary of rulemaking and other actions[A]: On January 29, 2001, 
Anglogold (Jerritt Canyon) Corp. and Kennecott Greens Creek Mining 
Company filed a petition for review of the rule in the District of 
Columbia Circuit. The United Steelworkers of America has intervened in 
the Anglogold case. On February 7, 2001, the Georgia Mining 
Association, the National Mining Association, the Salt Institute, and 
MARG Diesel Coalition filed a similar petition in the Eleventh 
Circuit. On March 14, 2001, Getchell Gold Corporation petitioned for 
review of the rule in the District of Columbia Circuit. The three 
petitions were consolidated in the District of Columbia Circuit. 
Pursuant to the Card memo, on March 15, 2001, MSHA published a final 
rule delaying the effective date of the regulation from March 20, 
2001, until May 21, 2001. On May 21, 2001, MSHA published a final rule 
that further extended the effective date to July 5, 2001. MSHA said 
this delay “will allow the Department an opportunity to engage in 
further negotiations to settle the legal challenges to this rule.” On 
July 5, 2001, MSHA published another final rule stating that, with the 
exception of §57.5066 (b), the rule would become effective July 5, 
2001. MSHA said that section 57.5066 (b) was delayed “pending 
disposition of litigation challenging the rule.” Also on July 5, 2001, 
MSHA published a proposed rule addressing two provisions in sections 
57.5066(b) and 57.5067(b)(3). It also announced a public hearing to be 
held on August 16, 2001. On August 28, 2001, MSHA issued a program 
information bulletin informing the mining community of its plan for 
enforcing the diesel particulate standard. The bulletin stated that 
some provisions of the rule became effective July 5, 2001, but other 
provisions do not go into effect until after July 19, 2002, or January 
19, 2006. 

Department of Transportation (15): 

Date final rule appeared in the Federal Register: 11/05/98; 
Title: Federal Motor Vehicle Safety Standards; School Bus Body Joint 
Strength (Extends the application of standard on school bus body joint 
strength to lighter school buses and narrows exclusions for 
maintenance access panels); 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 05/05/01; 
Extended effective date: 06/01/0; 01/01/03; 
Date of action extending effective date: 04/20/01; 12/13/01; 
Summary of rulemaking and other actions[A]: The National Highway 
Traffic Safety Administration (NHTSA) received petitions for 
reconsideration of the final rule from AmTran Corporation, Blue Bird 
Body Company, and Thomas Built Buses. On March 6, 2000, NHTSA delayed 
the effective date until May 5, 2001. On April 20, 2001, NHTSA 
published a final rule that further extended the effective date until 
June 1, 2002, but the agency did not mention the Card memo. NHTSA said 
the delay in the effective date was necessary because the agency was 
in the process of completing the review of the petitions for 
reconsideration. On December 13, 2001, NHTSA published a final rule 
that clarified that applicability of the standard and made various 
other changes. The agency said that it did so in response to petitions 
for reconsideration of the rule. NHTSA said the amended rule would 
take effect on January 1, 2003. 

Date final rule appeared in the Federal Register: 04/04/00; 
Title: Modification of the Dimensions of the Grand Canyon National 
Park Special Flight Rules Area and Flight Free Zones (One of two final 
rules that the Federal Aviation Administration (FAA) published on 
April 4, 2000, regarding aircraft flight operations over the Grand 
Canyon National Park (GCNP). The first rule, which went into effect on 
May 4, 2000, limits the number of commercial air tour operations in 
the GCNP. This final rule modifies the airspace in the GCNP special 
flight rules area); 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 04/01/01
Extended effective date: 12/01/01 02/20/03
Date of action extending effective date: 03/26/01 12/05/01
Summary of rulemaking and other actions[A]: On May 9, 2000, The United 
States Air Tour Association (USATA) and seven air tour operators 
petitioned the United States District Court of Appeals for the 
District of Columbia to review this Federal Aviation Administration 
(FAA) rule. (USATA v. FAA, et al. (Docket No. 001201) During the 
litigation, USATA raised a November 20, 2000, FAA published a final 
rule that delayed the effective date of this regulation from December 
1, 2000, to December 28, 2000. FAA said it did so to “adequately 
evaluate new safety issues raised by the air tour operators.” FAA said 
that it further extended the effective date for the rule to April 1, 
2001, on December 28, 2000. (However, we could find no related Federal 
Register actions were recorded on that date.) On March 26, 2001, the 
agency published a final rule that further extended the effective date 
of certain parts of the rule to December 1, 2001. FAA said the delay 
was necessary “pending resolution of the safety issues.” On December 
5, 2001, FAA published another final rule that extended the effective 
date for portions of the rule to February 20, 2003. The agency stated 
that the delay was necessary because it was working on the proposed 
changes to the route structure and airspace modification. The process 
includes an environmental assessment of the proposed route and 
publishing a proposal and notice of availability of the new map in the 
Federal Register. Since the process had not been completed, it was 
necessary to extend the effective date. None of these delaying actions 
mentioned the Card memo. 

Date final rule appeared in the Federal Register: 09/15/00; 
Title: Service Difficulty Reports (Amends reporting requirements for 
air carriers and repair station operators concerning failures, 
malfunctions, and defects of aircraft engines, systems, and 
components); 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 07/16/01; 
Extended effective date: 01/16/02; 01/16/03; 
Date of action extending effective date: 04/30/01; 11/23/01; 
Summary of rulemaking and other actions[A]: On December 22, 2000, FAA 
delayed the effective date of this rule from January 16, 2001, until 
July 16, 2001, because of questions raised by the aviation industry on 
the implementation of the new requirements. On April 30, 2001, FAA 
said it needed more time to evaluate the comments and published a 
final rule that further extended the effective date to January 16, 
2002. On November 23, 2001, FAA published a final rule that delayed 
the effective date until January 16, 2003. According to FAA, this 
action was “prompted by concerns the aviation industry raised about 
reporting requirements.” The agency also said that it expected to 
issue a notice of proposed rulemaking to address the issues raised by 
commentators, and to give both the aviation industry and the general 
public the opportunity to comment on the agency's proposed revisions. 
None of these delaying actions mentioned the Card memo. 

Date final rule appeared in the Federal Register: 09/27/00; 
Title: Federal Motor Vehicle Safety Standards; Electric-Powered 
Vehicles; Electrolyte Spillage and Electrical Shock Protection; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 10/01/01; 
Extended effective date: 12/01/01; 
Date of action extending effective date: 02/08/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 8, 2001, NHTSA published a final rule delaying the 
effective date from October 1, 2001, until December 1, 2001. 
Subsequently, on December 3, 2001, NHTSA published a final rule that 
made clarifying amendments regarding the application of the standard 
and other issues. However, the December 1, 2001, effective date was 
unchanged. NHTSA said that it made the changes in response to 
petitions for reconsideration of the rule filed by the General Motors 
and DaimlerChrysler Corporations. 

Date final rule appeared in the Federal Register: 12/01/00; 
Title: Pipeline Safety: Pipeline Integrity Management in High 
Consequence Areas (Hazardous Liquid Operators With 500 or More Miles 
of Pipelines); 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 03/31/01; 
Extended effective date: 05/29/01; 
Date of action extending effective date: 02/08/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 8, 2001, the Research and Special Programs Administration 
(RSPA) published a final rule delaying the effective date from March 
31, 2001, until May 29, 2001. The rule took effect on that date. 

Date final rule appeared in the Federal Register: 12/07/00; 
Title: Major Capital Investment Projects; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/05/01; 
Extended effective date: 04/06/01; 
Date of action extending effective date: 02/09/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 9, 2001, the Federal Transit Administration (FTA) 
published a final rule that delayed the effective date of the part of 
the regulation that describes the procedures that FTA will use to 
evaluate and rate New Starts projects. This part of the regulation was 
originally scheduled to become effective on February 5, 2001, until 
April 6, 2001. That part of the rule became effective on that date. 
The effective date for the part of the regulation that was originally 
scheduled to become effective September 1, 2001, was not changed. 

Date final rule appeared in the Federal Register: 12/21/00; 
Title: Pipeline Safety: Areas Unusually Sensitive to Environmental 
Damage; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/20/01; 
Extended effective date: 04/21/01; 
Date of action extending effective date: 02/08/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 8, 2001, RSPA published a final rule delaying the 
effective date of the regulation from February 20, 2001, to April 21, 
2001. The rule took effect on that date. 

Date final rule appeared in the Federal Register: 12/29/00; 
Title: Mitigation of Impacts to Wetlands and Natural Habitats; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 01/29/01; 
Extended effective date: 03/30/01; 
Date of action extending effective date: 01/29/01; 
Summary of rulemaking and other actions[A]: On January 29, 2001, the 
Federal Highway Administration (FHWA) published a final rule delaying 
the effective date of the regulation, but FHWA did not specifically 
mention the Card memo. The agency said the delayed effective date “
will provide the Administration an opportunity to review this final 
rule.” 

Date final rule appeared in the Federal Register: 01/08/01; 
Title: Intelligent Transportation System Architecture and Standards; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/07/01
Extended effective date: 04/08/01
Date of action extending effective date: 02/07/01
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 7, 2001, FHWA published a final rule delaying the 
effective date of the regulation from February 7, 2001, until April 8, 
2001. The rule took effect on that date. Subsequently, on April 18, 
2001, FHWA published a final rule making technical corrections to the 
regulation. FHWA said these corrections were needed because the 
effective date had been extended without any changes to two dates 
cited in the regulation that were intended to be based on the 
effective date. 

Date final rule appeared in the Federal Register: 01/09/01; 
Title: Regattas and Marine Parades; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 03/12/01; 
Extended effective date: 05/11/01; 
Date of action extending effective date: 02/09/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 9, 2001, the Coast Guard (CG) published a final rule 
delaying the effective date of the regulation from March 12, 2001, to 
May 11, 2001. The rule took effect on that date. 

Date final rule appeared in the Federal Register: 01/10/01; 
Title: Revision to Federal Blood Alcohol Concentration (BAC) Standard 
for Recreational Vessel Operators; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 03/12/01; 
Extended effective date: 05/11/01; 
Date of action extending effective date: 02/09/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 9, 2001, CG published a final rule delaying the effective 
date of the regulation from March 12, 2001, to May 11, 2001. The rule 
took effect on that date. 

Date final rule appeared in the Federal Register: 1/10/01; 
Title: Civil Penalty Actions in Commercial Space Transportation; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/09/01
Extended effective date: 04/10/01
Date of action extending effective date: 02/08/01
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 8, 2001, FAA published a final rule delaying the effective 
date of the regulation from February 9, 2001, to April 10, 2001. The 
rule took effect on that date. 

Date final rule appeared in the Federal Register: 01/10/01; 
Title: Track Safety Standard; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 04/10/01; 
Extended effective date: 06/09/01; 
Date of action extending effective date: 02/09/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 9, 2001, the Federal Railroad Administration (FRA) 
published a final rule delaying the effective date of the regulation 
from April 10, 2001, to June 9, 2001. The rule took effect on that 
date. 

Date final rule appeared in the Federal Register: 01/11/01; 
Title: Federal Motor Carrier Safety Regulations; Definition of 
Commercial Motor Vehicles (CMV); Requirements for Operators of Small 
Passenger-Carrying CMVs; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/12/01; 
Extended effective date: 04/13/01; 
Date of action extending effective date: 02/09/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 9, 2001, the Federal Motor Carrier Safety Administration 
published a final rule delaying the effective date of the regulation 
from February 12, 2001, to April 13, 2001. The rule took effect on 
that date. 

Date final rule appeared in the Federal Register: 01/17/01; 
Title: Brake System Safety Standards for Freight and Other Non-
Passenger Trains and Equipment: End of Train Devices; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 04/01/01; 
Extended effective date: 05/31/01; 
Date of action extending effective date: 02/12/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 12, 2001, FRA published a final rule delaying the 
effective date from April 1, 2001, until May 31, 2001. The rule took 
effect on that date. FRA received several petitions for 
reconsideration requesting that the agency either amend or clarify the 
rule. On May 31, 2001, FRA published a final rule, effective 
immediately, that delayed the compliance date for one of the rule’s 
requirements to a “future date to be specified.” FRA said that it took 
this action in response to a petition from the Association of American 
Railroads. On August 1, 2001, FRA published a final rule, effective 
immediately, which clarified and amended the January 17, 2001, rule. 
FRA said it did so in response to another petition for 
reconsideration, and that it would respond to other petitions for 
reconsideration “in the near future.” 

Environmental Protection Agency (8): 

Date final rule appeared in the Federal Register: 08/10/00; 
Title: Amendments to Standards of Performance for New Stationary 
Sources; Monitoring Requirements; 
Major rule: [Empty]; 
Significant or substantive rule: [Empty]; 
Rule's effective date as of Card Memo: 02/06/01; 
Extended effective date: 04/09/01; 
Date of action extending effective date: 02/06/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 6, 2001, the Environmental Protection Agency (EPA) 
published a final rule delaying the effective date of the regulation 
from February 6, 2001, to April 9, 2001. The rule took effect on that 
date. 

Date final rule appeared in the Federal Register: 11/28/00; 
Title: Georgia: Final Authorization of State Hazardous Waste 
Management Program Revision; 
Major rule: [Empty]; 
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 01/29/01; 
Extended effective date: 03/30/01; 
Date of action extending effective date: 01/29/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on January 29, 2001, EPA published a final rule delaying the effective 
date of the regulation from January 29, 2001, to March 30, 2001. The 
rule took effect on that date. 

Date final rule appeared in the Federal Register: 11/29/00; 
Title: Petition by American Samoa for Exemption From Anti-Dumping 
Requirements for Conventional Gasoline; 
Major rule: [Empty]; 
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 01/29/01; 
Extended effective date: 03/30/01; 
Date of action extending effective date: 01/29/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on January 29, 2001, EPA published a final rule delaying the effective 
date of the regulation from January 29, 2001, to March 30, 2001. The 
rule took effect on that date. 

Date final rule appeared in the Federal Register: 12/26/00; 
Title: Significant New Uses of Certain Chemical Substances; 
Major rule: [Empty]; 
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 02/26/01; 
Extended effective date: 04/27/01; 
Date of action extending effective date: 02/07/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 7, 2001, EPA published a final rule delaying the effective 
date of the regulation from February 26, 2001, until April 27, 2001. 
The rule took effect on that date. 

Date final rule appeared in the Federal Register: 01/09/01; 
Title: Environmental Program Grants–State, Interstate, and Local 
Government Agencies; 
Major rule: [Empty]; 
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 02/08/01; 
Extended effective date: 04/09/01; 
Date of action extending effective date: 02/07/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 7, 2001, EPA published a final rule delaying the effective 
date of the regulation from February 8, 2001, to April 9, 2001. The 
rule took effect on that date. 

Date final rule appeared in the Federal Register: 01/16/01; 
Title: Environmental Program Grants for Tribes; 
Major rule: [Empty]; 
Significant or substantive rule: [Empty]; 
Rule's effective date as of Card Memo: 02/15/01; 
Extended effective date: 04/17/01; 
Date of action extending effective date: 02/09/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 9, 2001, EPA published a final rule delaying the effective 
date of the regulation from February 15, 2001, to April 17, 2001. The 
rule took effect on that date. 

Date final rule appeared in the Federal Register: 01/17/01; 
Title: Lead and Lead Compounds; Lowering of Reporting Thresholds; 
Community Right-to-Know Toxic Chemical Release Reporting; 
Major rule: [Empty]; 
Significant or substantive rule: [Empty];
Rule's effective date as of Card Memo: 02/16/01; 
Extended effective date: 04/17/01; 
Date of action extending effective date: 02/16/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 16, 2001, EPA published a final rule delaying the 
effective date of the regulation from February 16, 2001, until April 
17, 2001. Subsequently, in an April 9, 2001, letter to EPA, the Small 
Business Administration’s Office of Advocacy said the agency did not 
use sound science as the basis of its January 17, 2001, rule, and did 
not properly certify the rule under the Regulatory Flexibility Act. On 
April 10, 2001, a coalition of metal industry groups filed a lawsuit 
seeking withdrawal of the rule. (Ad Hoc Metals Coalition v. EPA, 
D.D.C., No. 01CV00766) Another lawsuit was filed by the National 
Federation of Independent Businesses (NFIB) on April 26, 2001 (NFIB 
vs. EPA, D.D.C., No. 01CV900) On April 17, 2001, EPA announced that it 
would not change the final rule, and the rule became effective on that 
date. On September 10, 2001, EPA posted on its web site draft guidance 
on how to report releases under the new rule. Reporting for 2001 must 
be submitted to EPA by July 2002. 

Date final rule appeared in the Federal Register: 01/22/01; 
Title: National Primary Drinking Water Regulations; Arsenic and 
Clarifications to Compliance and New Source Contaminants Monitoring 
(Sets goals and maximum contaminant levels for arsenic in community 
water systems and nontransient noncommunity water systems); 
Major rule: [Check]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 03/23/01; 
Extended effective date: 05/22/01; 02/22/02; 
Date of action extending effective date: 03/23/01; 04/23/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on March 23, 2001, EPA published a final rule delaying the effective 
date from March 23, 2001, until May 22, 2001. Subsequently, on April 
23, 2001, EPA published a notice of proposed rulemaking to extend the 
effective date for 9 months to February 22, 2002. EPA said it took 
this action to "reassess the scientific and cost issues associated 
with this rule and seek further public input on each of these issues." 
EPA also said that it would request the National Academy of Sciences 
to convene a panel of scientific experts to (1) review EPA's 
interpretation and application of arsenic research and (2) review and 
evaluate any new arsenic research. At the same time, EPA said that it 
would work with the National Drinking Water Advisory Council to review 
the assumptions and methodologies underlying the estimate of arsenic 
compliance costs. On May 22, 2001, EPA published a final rule that 
confirmed the 9-month delay in effective date proposed by the agency 
on April 23, 2001. On June 15, 2001, EPA published a notice announcing 
three meetings of the Arsenic Cost Working Group of the National 
Drinking Water Advisory Council. On July 19, 2001, the agency 
published a proposed rule that requested comments on a range of 
maximum contaminant level (MCL) options for the arsenic in drinking 
water rule. Comments were due by October 31, 2001. On October 5, 2001, 
EPA published a notice announcing the availability of three reports 
and recommendations on the science, cost of compliance, and benefits 
analyses in support of its rule on arsenic in drinking water. These 
reports were made available to allow commenters to consider this 
information in preparing their comments on the July 19, 2001, 
proposal. On November 26, 2001, Congress enacted the Departments of 
Veterans Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 2002, that included language that 
prohibited EPA from using the funds to delay the January 22, 2001, 
rule. According to the December 2001 OIRA report on the costs and 
benefits of federal regulations, EPA has concluded all expert reviews 
and is in the process of completing a final arsenic in drinking water 
rule to be published by February 22, 2002. EPA Administrator Whitman 
has indicated that the final rule will effectively reinstate the level 
of protection reflected in the January 22, 2001, rule. Also in this 
report, OIRA identified this rule for “high priority” review. 

Department of Defense and the Environmental Protection Agency (1): 

Date final rule appeared in the Federal Register: 01/17/01; 
Title: Further Revisions to the Clean Water Act Regulatory Definition 
of "Discharge of Dredged Material"; 
Major rule: [Empty]; 
Significant or substantive rule: [Empty]; 
Rule's effective date as of Card Memo: 02/16/01; 
Extended effective date: 04/17/01; 
Date of action extending effective date: 02/15/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 15, 2001, the Department of Defense (DOD) and EPA 
published a final rule delaying the effective date of the regulation 
from February 16, 2001, to April 17, 2001. The rule took effect on 
that date. 

Department of Defense, General Services Administration and National 
Aeronautics and Space Administration (1): 

Date final rule appeared in the Federal Register: 01/10/01; 
Title: Federal Acquisition Circular 97-22 (Summarizes the agreements 
reached between the Civilian Agency Acquisition Council and the 
Defense Acquisition Council regarding Federal Acquisition Regulations 
rules on clarification of definitions, advance payment for 
noncommercial items, assignment of claims, and flowdown of clauses 
from contractors to subcontractors); 
Major rule: [Empty]; 
Significant or substantive rule: [Empty]; 
Rule's effective date as of Card Memo: 03/12/01; 
Extended effective date: 05/11/01; 
Date of action extending effective date: 03/09/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on March 9, 2001, DOD, the General Services Administration (GSA) and 
the National Aeronautics and Space Administration (NASA) published a 
final rule delaying the effective date of parts of the regulation from 
March 12, 2001, to May 11, 2001. 

Department of the Treasury, Federal Reserve System, and the Federal 
Deposit Insurance Corporation (1): 

Date final rule appeared in the Federal Register: 12/04/00; 
Title: Consumer Protections for Depository Institution Sales of 
Insurance; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 04/01/01; 
Extended effective date: 10/01/01; 
Date of action extending effective date: 03/19/01; 
Summary of rulemaking and other actions[A]: On March 19, 2001, the 
promulgating agencies published a final rule that delayed the 
effective date of this rule until October 1, 2001, but the agencies 
did not mention the Card memo. The agencies said that they were 
delaying the effective date because they had received a number of 
comments indicating that many depository institutions would be unable 
to comply with the regulations by the original April 1, 2001, 
effective date. 

Departments of the Treasury, Labor, and Health and Human Services (1): 

Date final rule appeared in the Federal Register: 01/08/01; 
Title: Interim Final Rule for Nondiscrimination in Health Coverage in 
the Group Market; 
Major rule: [Check]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 03/09/01; 
Extended effective date: 05/08/01; 
Date of action extending effective date: 03/09/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on March 9, 2001, the promulgating agencies published a final rule 
delaying the effective date of the regulation from March 9, 2001, to 
May 8, 2001. The rule took effect on that date. 

Office of Personnel Management (2): 

Date final rule appeared in the Federal Register: 12/28/00; 
Title: Suitability (Suitability for employment in competitive service 
positions and Senior Executive Service career appointments); 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 01/29/01; 
Extended effective date: 03/30/01; 
Date of action extending effective date: 01/26/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on January 26, 2001, the Office of Personnel Management (OPM) 
published a final rule delaying the effective date of the regulation 
from January 29, 2001, to March 30, 2001. 

Date final rule appeared in the Federal Register: 01/11/01; 
Title: Repayment of Student Loans; 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/12/01; 
Extended effective date: 04/12/01; 
Date of action extending effective date: 02/07/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 7, 2001, OPM published a final rule delaying the effective 
date of the regulation from February 12, 2001, to April 12, 2001. 

Small Business Administration (1): 

Date final rule appeared in the Federal Register: 01/22/01; 
Title: New Markets Venture Capital Program (Establishes the 
requirements for newly formed venture capital companies to make 
developmental investments in smaller enterprises located in low-income 
geographic areas, provide operational assistance to enterprises 
receiving such investments, and allow existing companies to qualify 
for grants to provide operational assistance); 
Major rule: [Empty]; 
Significant or substantive rule: [Check]; 
Rule's effective date as of Card Memo: 02/21/01; 
Extended effective date: 04/23/01; 06/22/01; 
Date of action extending effective date: 02/20/01; 04/23/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 20, 2001, the Small Business Administration (SBA) 
published a final rule delaying the effective date of the regulation 
from February 21, 2001, until April 23, 2001. Subsequently, on April 
23, 2001, SBA published a final rule that further extended the 
effective date to June 22, 2001, “in order to give the Administration 
further opportunities to consider new regulations and to conduct a 
rulemaking.” On the same day, SBA proposed withdrawal of the January 
22, 2001, rule, and proposed new regulations to implement the program. 
SBA said it intended to implement the proposed rule, which reflects 
technical changes based on the agency’s consideration of specific 
comments on the original interim final rule. On May 23, 2001, SBA 
published a final rule withdrawing the original rule and making final 
the new regulations. SBA said it received no comments on the proposed 
withdrawal of the January 22, 2001, rule. On June 19, 2001, SBA 
published a final rule making technical corrections to the May 23, 
2001, withdrawal action. 

Social Security Administration (1): 

Date final rule appeared in the Federal Register: 01/12/01; 
Title: Testimony by Employees and the Production of Records and 
Information in Legal Proceedings; 
Major rule: [Empty]; 
Significant or substantive rule: [Empty]; 
Rule's effective date as of Card Memo: 02/12/01; 
Extended effective date: 04/13/01; 
Date of action extending effective date: 02/12/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 12, 2001, the Social Security Administration published a 
final rule delaying the effective date from February 12, 2001, until 
April 13, 2001. Subsequently, on March 12, 2001, the agency published 
a correction to the final regulations. 

Corporation for National and Community Service (1): 

Date final rule appeared in the Federal Register: 12/13/00; 
Title: AmeriCorps Education Awards; 
Major rule: [Empty]; 
Significant or substantive rule: [Empty]; 
Rule's effective date as of Card Memo: 02/12/01; 
Extended effective date: 04/13/01; 
Date of action extending effective date: 02/12/01; 
Summary of rulemaking and other actions[A]: Pursuant to the Card memo, 
on February 12, 2001, the Corporation for National and Community 
Service published a final rule delaying the effective date of the 
regulation February 12, 2001, to April 13, 2001. 

Sources: GAO analysis of Federal Register publications. 
          
[A] The Federal Register indicated that some of the rules' effective 
dates had been delayed, but no subsequent rulemaking action was 
indicated. Because further delays in the effective dates would have 
required new rulemaking, we concluded that the rules appeared to have 
taken effect. 

[B] Making Sense of Regulation: 2001 Report to Congress on the Costs 
and Benefits of Regulations and Unfunded Mandates on State, Local, and 
Tribal Entities (Dec. 21, 2001) 

[C] In this appendix, the phrase "pursuant to the Card memo" indicates 
that the agency specifically cited the Card memorandum as the reason 
for the delay in the effective date. 

[D] Prior to July 1, 2001, CMS was known as the Health Care Financing 
Administration. 

[End of table] 

[End of section] 

Footnotes: 

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

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

[3] The Congressional Review Act provides that before a rule becomes 
effective, the agency promulgating the rule must submit to each House 
of Congress and the Comptroller General a report containing (1) a copy 
of the rule, (2) a concise general statement relating to the rule, and 
(3) the proposed effective date of the rule. 

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

[5] See 66 Fed. Reg. 9673 (Feb. 9, 2001). 

[6] Making Sense of Regulation: 2001 Report to Congress on the Costs 
and Benefits of Regulations and Unfunded Mandates on State, Local, and 
Tribal Entities (Dec. 21, 2001). 

[7] See 66 Fed. Reg. 5001. 

[8] See 66 Fed. Reg. 5327. 

[9] See 66 Fed. Reg. 5447. 

[10] The Congressional Review Act defines a "major" rule as, among 
other things, having at least a $100 million impact on the economy. 

[11] These rules were the USDA "national organic program" rule 
(delayed at 66 Fed. Reg. 15619, Mar. 20, 2001) and the HHS rule on 
"standards for privacy of individually identifiable health 
information" (delayed at 66 Fed. Reg. 12434, Feb. 26, 2001). Under the 
Congressional Review Act, a major rule cannot become effective until 
60 days after it is submitted to Congress or published in the Federal 
Register, whichever is later. 

[12] See 66 Fed. Reg. 8151 (Jan. 30, 2001). 

[13] See 66 Fed. Reg. 37137 (July 17, 2001). 

[14] The NHTSA rule was delayed at 66 Fed. Reg. 20199 (Apr. 20, 2001). 

[15] The FDA rule was delayed at 66 Fed. Reg. 7864 (Jan. 26, 2001). 

[16] These rules were the OSHA rule on safety standards for steel 
erection; DOT's Federal Aviation Administration rules on "special 
flight rules" for the Grand Canyon National Park (delayed at 66 Fed. 
Reg. 16582, Mar. 26, 2001) and "service difficulty reports" (delayed 
at 66 Fed. Reg. 21625, Apr. 30, 2001); and a rule issued jointly by 
the Department of the Treasury, Federal Reserve System, and the 
Federal Deposit Insurance Corporation on "consumer protections for 
depository institution sales of insurance" (delayed at 66 Fed. Reg. 
15345, Mar. 19, 2001). 

[17] In a few cases the agencies published documents in the Federal 
Register indicating that the delayed rules were taking effect either 
on the amended effective date or earlier. However, we could find no 
subsequent rulemaking in the Federal Register for most of these 75 
rules. Because further delays or amendments to the rule would have 
required subsequent rulemaking, we believe that they became effective 
on or before their amended effective dates. 

[18] See 66 Fed. Reg. 28341. 

[19] Kootenai Tribe of Idaho v. Veneman, 142 F.Supp. 2d 1231 (D. Idaho 
2001). 

[20] See 66 Fed. Reg. 2091. 

[21] See 66 Fed. Reg. 35518. 

[22] See 66 Fed. Reg. 58912. 

[23] See 66 Fed. Reg. 63294. 

[24] See 66 Fed. Reg. 56608. 

[25] See 66 Fed. Reg. 56775. 

[26] See 66 Fed. Reg. 56762. 

[27] See 66 Fed. Reg. 28602. 

[28] See 66 Fed. Reg. 28110. 

[29] See 66 Fed. Reg. 29501. 

[30] See 66 Fed. Reg. 39683. 

[31] See 66 Fed. Reg. 52849. 

[32] See 66 Fed. Reg. 60157. 

[33] See 66 Fed. Reg. 64358. 

[34] See 66 Fed. Reg. 38822. 

[35] See 66 Fed. Reg. 43614. 

[36] See 66 Fed. Reg. 56616. 

[37] According to OMB, a prompt letter is sent on OMB's initiative, 
suggests an issue that OMB believes is worthy of agency priority, and 
contains a suggestion for how the agency can improve its regulations. 

[End of section]