OIRA Issues RFI for Maritime Regulatory Reform Activities


The Office of Information and Regulatory Affairs (OIRA) is seeking public comment on how existing agency requirements affecting the maritime sector can be modified or repealed to increase efficiency, reduce or eliminate unnecessary or unjustified regulatory burdens, or simplify regulatory compliance while continuing to meet statutory missions. To accomplish this, OIRA, which is part of the White House Office of Management and Budget (OMB), issued a public request for information (RFI) on May 17 to solicit public input on how the federal government “may prudently manage regulatory costs imposed on the maritime sector.”

ACA is interested in submitting industry comments in support of regulatory reform of the maritime sector, and is requesting member input on any rules that might fall under this regulatory reform effort. ACA is asking member companies to identify areas where regulatory reform would be most beneficial, along with suggested comments, by June 22. Comments are due to OIRA by July 16, 2018.

OIRA’s RFI is tied to last year’s Executive Order 13771, which established the Trump Administration’s Regulatory Reform Activities via various agency task forces. The object of the Executive Order and each task force is to promote economic activity by eliminating outdated, unnecessary or ineffective regulations or regulations that impose costs exceeding benefits.

OIRA is seeking views on specific rules or information requirements that should be altered, streamlined or eliminated. To evaluate these suggestions, it is requesting that the comments include the following:

  • Supporting data or other information such as cost information;
  • Specific suggestions regarding repeal, replacement, or modification, including, if possible, citations to the relevant sections of the Code of Federal Regulations;
  • Insight into the experiences of the regulated public regarding regulatory redundancy, compliance inefficiencies, outdated requirements, etc.;
  • Information regarding difficulties for small- and medium-sized enterprises that may not have been initially taken into consideration when the regulatory program was promulgated; or
  • Information regarding the possibility of increased regulatory cooperation between the United States and foreign partners, especially Canada and Mexico, to relieve burden on the industry.

OIRA is also requesting that commenters provide, in as much detail as possible, why the regulatory requirement should be modified, streamlined or repealed, as well as specific suggestions of ways agencies can do so while achieving their regulatory objectives. Some examples provided in the RFI include the following:

  • Regulations that have become unnecessary, ineffective or are no longer justified (perhaps due to technology changes);
  • Duplicative rules between agencies;
  • Any cumbersome reporting rules requirements;
  • Anything that is inconsistent with other countries (especially Canada and Mexico) to the point where it has become a barrier to commerce; or
  • Rules that have not achieved their intended purpose or otherwise not operating as well as expected.

The federal agencies that are highlighted in the RFI include, but are not limited to, the Federal Maritime Commission, the U.S. Department of Transportation, the U.S. Department of Homeland Security (which oversees the U.S. Coast Guard), the U.S. Department of Defense, the U.S. Department of Labor, the U.S. Department of Commerce, the U.S. Environmental Protection Agency, the Council on Environmental Quality, and the U.S. Department of the Interior.

The full text of the RFI can be found here.

Contact ACA’s Allen Irish or Raleigh Davis for more information.