Department of Commerce, National Oceanic and Atmospheric Administration: Endangered Fish and Wildlife; Final Rule To Implement Speed Restrictions to Reduce the Threat of Ship Collisions With North Atlantic Right Whales, GAO-09-117R, October 27, 2008
The Honorable Daniel
K. Inouye
Chairman
The Honorable Kay Bailey Hutchison
Ranking Minority Member
Committee on Commerce, Science, and Transportation
The Honorable James L. Oberstar
Chairman
The Honorable John L. Mica
Ranking Minority Member
Committee on Transportation and Infrastructure
House of Representatives
Subject: Department of Commerce, National Oceanic and Atmospheric Administration:
Endangered Fish and Wildlife; Final Rule To Implement Speed Restrictions to
Reduce the Threat of Ship Collisions With
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), entitled “Endangered Fish and Wildlife; Final Rule To
Implement Speed Restrictions to Reduce the Threat of Ship Collisions With North
Atlantic Right Whales” (RIN: 0648-AS36).
We received the rule on
The final rule restricts the speed of vessels 65 or more
feet long in certain locations and at certain times along the east coast of the
U.S. Atlantic Seaboard. The purpose of
this final rule is to reduce the likelihood of collisions between these vessels
and
Enclosed is our assessment of NOAA’s compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review indicates that NOAA complied with the applicable requirements.
If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the subject matter of the rule, please contact Michael R. Volpe, Assistant General Counsel, at (202) 512-8236.
signed
Robert J. Cramer
Associate General Counsel
Enclosure
cc: Samuel D. Rauch III
Deputy Assistant Administrator
for Regulatory Programs
National Marine Fisheries Service
Department of Commerce
ENCLOSURE
REPORT UNDER 5 U.S.C. sect. 801(a)(2)(A) ON A MAJOR
RULE
ISSUED BY THE
DEPARTMENT OF COMMERCE,
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
ENTITLED
"ENDANGERED FISH AND WILDLIFE; FINAL RULE
TO IMPLEMENT SPEED RESTRICTIONS TO REDUCE
THE THREAT OF SHIP COLLISIONS WITH
NORTH ATLANTIC RIGHT WHALES"
(RIN: 0648-AS36)
(i) Cost-benefit analysis
NOAA analyzed the costs and benefits of this final rule. The cost of this final rule is $137.3 million, which is comprised of $87.6 million in direct economic impacts and $49.7 million in indirect economic impacts.
(ii) Agency actions relevant to the Regulatory
Flexibility Act, 5 U.S.C. sections 603-605, 607, and 609
NOAA prepared a Regulatory Flexibility Analysis for this final rule describing the impact the rule will have on small entities. NOAA estimates that this rule will have an economic impact on high-speed passenger ferries of $2.6 million, on regular-speed ferries of $6 million, on the whale watching industry of $1.3 million, on the charter fishing industry of $0.8 million, and on the commercial fishing industry of $1.3 million. NOAA’s estimates are for 2004.
(iii) Agency actions relevant to sections 202-205 of
the Unfunded Mandates Reform Act of 1995, 2 U.S.C. sections 1532-1535
NOAA did not discuss any agency actions relevant to the Act in its submission to the Comptroller General. NOAA indicated that preparing a written statement under the Act was not applicable to this final rule.
(iv) Other relevant information or requirements under
acts and executive orders
Administrative Procedure Act, 5 U.S.C. sections 551 et seq.
NOAA promulgated this final rule using the notice and
comment procedures found in the Administrative Procedure Act. 5 U.S.C. sect. 553. On
Paperwork Reduction Act, 44 U.S.C. sections 3501-3520
This final rule contains an information collection requirement which will be submitted to the Office of Management and Budget (OMB). NOAA also requests public comments on this information collection requirement. NOAA estimates that the information collection requirement in this final rule will impose no additional cost on the affected public.
Statutory authorization for the rule
NOAA promulgated this final rule under the authority of sections 1361 to 1423h and 1531 to 1543 of title 16, United States Code.
Executive Order No. 12,866
NOAA determined that this final rule is economically significant under the Order.
Executive Order No. 13,132 (Federalism)
NOAA determined that this final rule does not have federalism implications under the Order.