A Galling Example of White House Regulatory Delay - Industry Influence - RegWatch

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Tuesday, July 17, 2007

A Galling Example of White House Regulatory Delay

The White House Office of Information and Regulatory Affairs (OIRA) is sitting on a rule which would set speed limits for large shipping vessels traveling along the eastern seaboard during the migration season of the North Atlantic right whale. The standard would reduce the number of whales killed in collisions with ships.

Because the rule is considered "major," the National Oceanic and Atmospheric Administration (NOAA) submitted the rule to OIRA for the standard review period prescribed by Executive Order 12866.

OIRA received the rule on February 20, 2007. Under the E.O., OIRA is required to complete its review within 90 calendar days. In consultation with the issuing agency, OIRA may extend the review period once by up to 30 calendar days.

RegInfo.gov, the federal government's regulatory review database, acknowledges the review period for this rule has been extended. However, even with an extension, the review of the rule should have been completed by June 20.

In 2006, OIRA performed a similar review before NOAA published its proposal. This begs the question: If OIRA has already reviewed and edited this rule, why is it continuing to delay finalization? The answer: Delaying the publication of this rule benefits industry.

As the public interest group Public Employees for Environmental Responsibility points out, the shipping industry has been lobbying vigorously against this rule. Unfortunately for industry lobbyists, NOAA has been working on the rule for years and has built a rock solid case in support of it. Since this White House has such a penchant for catering to big business, the only option for OIRA and its new administrator, Susan Dudley, is to endlessly delay finalization of the rule — even if it is in violation of White House policy (the executive order).