Tradition points to “10+2” going through

Tradition points to “10+2” going through

Tradition points to “10+2” going through

Related News •   Regulatory review may apply to “10+2

   The White House order to temporarily freeze regulations from the Bush administration that have not gone into effect is not likely to significantly impact the rollout of the Importer Security Filing, according to an expert on the federal government.
   The ISF, commonly referred to as “10+2,” requires importers to electronically file 10 sets of cargo-centric data 24-hours prior to vessel loading overseas and carriers to subsequently file information on the status of containers in their custody. The interim final rule is scheduled to go into effect on Jan. 26, with a one-year grace period for enforcement.
   Customs and Border Protection officials were waiting official word on Thursday about whether the program would be delayed. ISF program manager Richard DiNucci said at a “10+2” seminar in Baltimore that the agency is proceeding as planned until notified otherwise.
      The regulatory freeze is a common practice for incoming administrations. The White House will quickly review the rules and determine which ones are worth expending senior level staff resources on to change when there are so many other priorities for standing up the administration, said John F. Cooney, a partner at the Venable law firm, in an interview.
   “So in the end, the memorandum turns out to identify a very small number of rules that the administration will actually pay attention to,” he said. The rules that tend to make the cut are ones that have a large economic impact, such as environmental regulations, or are politically controversial.
   Cooney was deputy general counsel at the Office of Management and Budget, where he ran the executive order process for the White House during the Reagan administration.
   As an interim final rule, “10+2” is less likely to be held up by OMB, he said.
   “For an interim final rule it’s easier for the White House process to decide it’s not worth investing time and energy now because they know a rulemaking going and they’ll get a second bite at the apple when the permanent rule gets reviewed,” Cooney said. “Whereas, for other rules, it might be their only chance to effect the policy before it becomes effective,” because then the executive branch has to go through a separate, lengthy rulemaking process and potentially undergo congressional review.
   “Most White Houses have a preference for allowing the issues in an interim final rule to be addressed in an upcoming rulemaking,” he added. ' Eric Kulisch