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GAO-14-250R 1 (2013-12-20)

handle is hein.gao/gaobadpyt0001 and id is 1 raw text is: cAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-325383 December 20, 2013 The Honorable Jay Rockefeller Chairman The Honorable John Thune Ranking Member Committee on Commerce, Science, and Transportation United States Senate The Honorable Doc Hastings Chairman The Honorable Peter A. DeFazio Ranking Member Committee on Natural Resources House of Representatives Subject: Department of Commerce, National Oceanic and Atmospheric Administration: Endangered Fish and Wildlife; Final Rule To Remove the Sunset Provision of the Final Rule Implementing Vessel Speed Restrictions To Reduce the Threat of Ship Collisions With North Atlantic Right Whales Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Services (NMFS) entitled Endangered Fish and Wildlife; Final Rule To Remove the Sunset Provision of the Final Rule Implementing Vessel Speed Restrictions To Reduce the Threat of Ship Collisions With North Atlantic Right Whales (RIN: 0648-BB20). We received the rule on December 9, 2013. It was published in the Federal Register as a final rule on December 9, 2013, with a stated effective date of December 6, 2013. 78 Fed. Reg. 73,726. The final rule eliminates the expiration date or sunset clause contained in regulations restricting vessel speeds in order to reduce the likelihood of collisions with North Atlantic right whales causing death or serious injury. The regulations restrict vessel speeds to no more than 10 knots for vessels 65 feet (19.8 meters) or greater in overall length in certain locations and at certain times of the year along the east coast of the U.S. Atlantic seaboard. The speed regulations were set to expire December 9, 2013, unless the sunset clause is removed. With this final rule, NMFS is removing the rule's sunset provision. All other aspects of the rule remain in place until circumstances warrant further changes to the rule. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). This final rule was both received and published on December 9, 2013. The rule has a stated effective date of December 6, 2013. Therefore, it does not have the required 60-day delay before the stated effective date as required by CRA. GAO-14-250R

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