The SBA’s Office of Advocacy has formally called for a revised small business impact analysis, a request that was rejected. The rule has also not complied with the Paperwork Reduction Act and the Executive Order 12866's requirements for "economically significant" regulatory actions. Also ignored is the White House’s Bolten memo prohibiting Midnight Regulation in all but exceptional circumstances.

The Washington Post reports that a recent NFL lobbyist "who now works at the White House is playing a controversial role in the Bush administration's last-minute effort to implement a ban on many forms of Internet gambling before the end of the president's term...." The article quotes industry officials who state that "the NFL's real motivation is to block any competition for lucrative ‘fantasy football’ gambling via the Internet, which was explicitly exempted from the 2006 ban." The House is seeking additional information on the White House’s role in bypassing regulatory review processes.