Category Archives: regulation

This Week in Ridiculous Regulations

Retail sales declined 16.4 percent in April, setting a new record low for the second month in a row. Congress returned to Washington, putting the economy in further danger. Meanwhile, regulatory agencies issued new final regulations ranging from foreign journalists to dog licenses.

On to the data:

  • Last week, 47 new final regulations were published in the Federal Register, after 69 the previous week.
  • That’s the equivalent of a new regulation every three hours and 34 minutes.
  • Federal agencies have issued 1,155 final regulations in 2020. At that pace, there will be 3,039 new final regulations. Last year’s total was 2,964 regulations.
  • There were also 53 proposed regulations in the Federal Register last week, for a total of 841 on the year. At that pace, there will be 2,213 new proposed regulations in 2020. Last year’s total was 2,184 proposed regulations.
  • Last week, agencies published 450 notices, for a total of 8,278 in 2020. At that pace, there will be 21,784 new notices this year. Last year’s total was 21,804.
  • Last week, 2,036 new pages were added to the Federal Register, after 1,323 pages the previous week.
  • The 2020 Federal Register totals 29,589 pages. It is on pace for 77,866 pages. The 2019 total was 76,288 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Three such rules have been published this year. Four such rules were published in 2019.
  • The running cost tally for 2020’s economically significant regulations ranges from net savings of between $1.38 billion and $4.19 billion. 2019’s total ranges from net savings of $350 million to $650 million, mostly from estimated savings on federal spending. The exact number depends on discount rates and other assumptions.
  • Agencies have published 26 final rules meeting the broader definition of “significant” so far this year. 2019’s total was 66 significant final rules.
  • So far in 2020, 232 new rules affect small businesses; 10 of them are classified as significant. 2019’s totals were 501 rules affecting small businesses, with 22 of them significant.

Highlights from last week’s new final regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

This Week in Ridiculous Regulations

The first full week of May featured a continuing pandemic with a death toll that now exceeds the Vietnam War, the biggest unemployment increase in U.S. history, a hailstorm in the D.C. area, freezing temperatures in parts of Midwest, and murder hornets. Meanwhile, regulatory agencies issued new final regulations ranging from walnut reserves to organic regulations.

On to the data:

  • Last week, 69 new final regulations were published in the Federal Register, after 48 the previous week.
  • That’s the equivalent of a new regulation every two hours and 26 minutes.
  • Federal agencies have issued 1,105 final regulations in 2020. At that pace, there will be 3,070 new final regulations. Last year’s total was 2,964 regulations.
  • There were also 57 proposed regulations in the Federal Register last week, for a total of 733 on the year. At that pace, there will be 2,156 new proposed regulations in 2020. Last year’s total was 2,184 proposed regulations.
  • Last week, agencies published 428 notices, for a total of 7,842 in 2020. At that pace, there will be 21,784 new notices this year. Last year’s total was 21,804.
  • Last week, 1,323 new pages were added to the Federal Register, after 3,112 pages the previous week.
  • The 2020 Federal Register totals 27,643 pages. It is on pace for 76,787 pages. The 2019 total was 76,288 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Three such rules have been published this year. Four such rules were published in 2019.
  • The running cost tally for 2020’s economically significant regulations ranges from net savings of between $1.38 billion and $4.19 billion. 2019’s total ranges from net savings of $350 million to $650 million, mostly from estimated savings on federal spending. The exact number depends on discount rates and other assumptions.
  • Agencies have published 24 final rules meeting the broader definition of “significant” so far this year. 2019’s total was 66 significant final rules.
  • So far in 2020, 220 new rules affect small businesses; nine of them are classified as significant. 2019’s totals were 501 rules affecting small businesses, with 22 of them significant.

Highlights from last week’s new final regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

April Pandemic-Caused Unemployment Rate Underscores Urgency of Getting Rid of #Neverneeded Regulations

The following is a press release originally posted at cei.org:

CEI senior fellow Ryan Young indicated that April’s 14.7 percent unemployment rate was unsurprising and will probably continue in May. He called on policymakers to keep deregulating as a prime way of helping people.

“The best thing policy makers can do is to waive regulations that prevent people from picking up the pieces. Businesses will need easier access to loans, crowdfunding, and other financing than they have now. Occupational licenses that keep out new workers in order to protect existing businesses are, in many cases, more harmful now than ever. Months-long permit processes that prevent businesses from adapting to the new conditions must be eased and sped up. A great deal of economic pain is inevitable right now. Congress, the President, and the states should act immediately to minimize the unnecessary self-inflicted pain that regulations are causing right now.”

For a list and discussion on #neverneeded regulations, visit neverneeded.cei.org/.

 

This Week in Ridiculous Regulations

Thursday’s Federal Register was not published online until late in the evening due to a technical error. Friday’s edition did not appear until the afternoon. Both editions are more than 1,000 pages each; an average day is under 300 pages. The 2020 Federal Register passed 25,000 pages, and is poised to surpass last year’s page count by more than 1,000 pages. The number of final regulations in 2020 also passed the 1,000 barrier. Meanwhile, regulatory agencies issued new final regulations ranging from fuel economy to seasonal workers.

On to the data:

  • Last week, 48 new final regulations were published in the Federal Register, after 55 the previous week.
  • That’s the equivalent of a new regulation every three hours and 30 minutes.
  • Federal agencies have issued 1,036 final regulations in 2020. At that pace, there will be 3,048 new final regulations. Last year’s total was 3,150 regulations.
  • There were also 49 proposed regulations in the Federal Register last week, for a total of 733 on the year. At that pace, there will be 2,156 new proposed regulations in 2020. Last year’s total was 2,184 proposed regulations.
  • Last week, agencies published 425 notices, for a total of 7,414 in 2020. At that pace, there will be 21,806 new notices this year. Last year’s total was 21,804.
  • Last week, 3,112 new pages were added to the Federal Register, after 1,464 pages the previous week.
  • The 2020 Federal Register totals 26,318 pages. It is on pace for 77,405 pages. The 2019 total was 76,288 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Three such rules have been published this year. Four such rules were published in 2019.
  • The running cost tally for 2020’s economically significant regulations ranges from net savings of between $1.38 billion and $4.19 billion. 2019’s total ranges from net savings of $350 million to $650 million, mostly from estimated savings on federal spending. The exact number depends on discount rates and other assumptions.
  • Agencies have published 24 final rules meeting the broader definition of “significant” so far this year. 2019’s total was 66 significant final rules.
  • So far in 2020, 202 new rules affect small businesses; nine of them are classified as significant. 2019’s totals were 501 rules affecting small businesses, with 22 of them significant.

Highlights from last week’s new final regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

This Week in Ridiculous Regulations

New unemployment applications were down to 4.4 million last week. This is still more than an order of magnitude greater than the pre-coronavirus record. With roughly 26 million people now claiming benefits, the unemployment rate is likely now at Great Depression-era levels. Meanwhile, regulatory agencies issued new final regulations ranging light-duty vehicles to golden parakeets.

On to the data:

  • Last week, 55 new final regulations were published in the Federal Register, after 49 the previous week.
  • That’s the equivalent of a new regulation every three hours and three minutes.
  • Federal agencies have issued 988 final regulations in 2020. At that pace, there will be 3,088 new final regulations. Last year’s total was 3,150 regulations.
  • There were also 39 proposed regulations in the Federal Register last week, for a total of 684 on the year. At that pace, there will be 2,138 new proposed regulations in 2020. Last year’s total was 2,184 proposed regulations.
  • Last week, agencies published 462 notices, for a total of 6,989 in 2020. At that pace, there will be 21,841 new notices this year. Last year’s total was 21,804.
  • Last week, 1,464 new pages were added to the Federal Register, after 1,352 pages the previous week.
  • The 2020 Federal Register totals 23,204 pages. It is on pace for 72,513 pages. The 2019 total was 76,288 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Two such rules have been published this year. Four such rules were published in 2019.
  • The running cost tally for 2020’s economically significant regulations ranges from net savings of between $180 million and $4.69 billion. 2019’s total ranges from net savings of $350 million to $650 million, mostly from estimated savings on federal spending. The exact number depends on discount rates and other assumptions.
  • Agencies have published 20 final rules meeting the broader definition of “significant” so far this year. 2019’s total was 66 significant final rules.
  • So far in 2020, 195 new rules affect small businesses; eight of them are classified as significant. 2019’s totals were 501 rules affecting small businesses, with 22 of them significant.

Highlights from last week’s new final regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

On the Radio: #NeverNeeded Regulations

At 7:15 ET today, I’ll appear on the Lars Larson Show to talk about #NeverNeeded regulations.

Congress Has Already Introduced Bills to Reform #NeverNeeded Regulations

Policy makers have already waived more than 350 regulations and counting that were slowing the pandemic response and harming economic recovery. But with a 185,000-page Code of Federal Regulations and plenty more rules at the state and local levels, there is more to do. Fortunately, a number of bills have already been introduced in Congress that could help get rid of more #NeverNeeded regulations.

CEI’s Agenda for Congress has more reform ideas, though not all of them are applicable to the #NeverNeeded effort. For a guide on identifying #NeverNeeded regulations, see our handy infographic. We also a have a short paper full of reform ideas and the neverneeded.cei.org website. And of course, the #NeverNeeded social media hashtag is a continuing source of new ideas.

Fixing the Regulatory Process

Regulations from the Executive in Need of Scrutiny (REINS) Act (S. 92) 

This bill would require Congress to vote on new regulations costing more than $100 million per year. The Senate version is sponsored by Rand Paul (R-KY), Chuck Grassley (R-IA), Joni Ernst (R-IA), Todd Young (R-IN), and Ted Cruz (R-TX). Rep. Jim Sensenbrenner (R-WI) sponsors the House version. The REINS Act is a separation of powers bill intended to make sure agencies don’t go rogue and pass major rules Congress never authorized through legislation.

While the REINS Act would affect fewer than 50 rules in an average year out of more than 3,000, it would add stability to an uncertain regulatory climate. Agencies would have to stay within the bounds Congress has legislated for them, and would not be able to pass hasty “flash policy” that could hurt the virus response and economic recovery. For more, see my paper on the REINS Act.

Guidance Out Of Darkness (GOOD) Act (S.380)

Agencies are required to put new regulations through a notice-and-comment rulemaking process. This allows the public to see and contribute to draft versions of regulations before they become final. But agencies routinely avoid this transparency and accountability by enacting regulation through other means such as guidance documents, memoranda, or even press releases and blog posts. CEI’s Wayne Crews calls these extralegal rules “regulatory dark matter.” Courts routinely defer to dark matter in cases, meaning it has de facto force of law.

President Trump issued an Executive Order last year requiring agencies to make all of their guidance documents public. This is an excellent start, but the problem with Executive Orders is that the next president can undo them on a whim. Dark matter reform needs the permanence that comes with congressional legislation. The GOOD Act, sponsored by Sen. Ron Johnson (R-WI) and Rep. Mark Walker (R-NC), would increase agency transparency and accountability. It would also add stability to the regulatory environment that recovering businesses can plan around during a chaotic time. Wayne Crews has more on regulatory dark matter here.

Jones Act Repeal

Open America’s Waters Act of 2019 (S. 694) 

The Jones Act costs the economy somewhere between $656 million to $9.8 billion per year. The Open America’s Waters Act, sponsored by Sen. Mike Lee (R-UT), would repeal it entirely. The Jones Act is a shipping law from 1920 that is essentially a Buy American law for moving goods between U.S. ports. Incumbent shipping companies love the Jones Act for obvious reasons—it keeps competition out. But because of the Jones Act, shipping between U.S. ports is slow and expensive.

There is little incentive to innovate or save costs, and the ships are aged and small, since there is little need to invest in fleet improvements in a government-protected cartel. This contrasts sharply with international shipping, where the Jones Act does not apply. When competition is allowed, shipping is cheaper, faster, more reliable, and more competitive.

An effective coronavirus response needs medical supply networks to be fast, flexible, and affordable. Improved shipping will also aid in the coming economic recovery. The Jones Act has long been obsolete. Now is the ideal time to finally get rid of it, and the Open America’s Waters Act would do just that. CEI’s Mario Loyola’s forthcoming Jones Act paper has more.

Protecting Access to American Products Act (S. `1873)

If outright repeal of the Jones Act proves not possible politically, then this bill, also sponsored by Sen. Lee, is a second-best backup plan. It would streamline the Jones Act waiver process

National Environmental Policy Aact Reform

Federal Permitting Reform and Jobs Act (S. 1976)

This bill would ease environmental permitting and other obstructions that delay infrastructure projects. It builds on previous reforms in the Fix America’s Surface Transportation Act of 2015. The Senate version is sponsored by Sen. Rob Portman (R-OH) and the House version’s bipartisan sponsors include Reps. Kelly Armstrong (R-ND), Rob Bishop (R-UT), and Collin Peterson (D-MN). Congress is clearly committed to trillions of dollars of “flash policy” such as stimulus and bailouts. Much of it will be wasteful, but reforms such as this bill will help at least a little more of that money spent on projects instead of on red tape.

This list is only a beginning. Adding to it would help public health during the COVID-19 response and with economic recovery when it is safe again. Policy makers can find plenty of ideas in CEI’s new #NeverNeeded paper, as well as our Agenda for Congress.

CEI #NeverNeeded Panel Event Now on YouTube

The link is here. The speakers include my colleagues Kent Lassman, Iain Murray, and me.

For the next several weeks, there will be new online events each Tuesday featuring CEI experts on a variety of reform areas. More information is at cei.org.

This Week in Ridiculous Regulations

Congress is back in session this week, but that’s almost certainly not the only bad news the coming days will bring. Please do all you can to keep yourself and your loved ones safe. Hopefully Congress will also act on some of the #NeverNeeded regulations that are hindering the pandemic response. Meanwhile, regulatory agencies issued new final regulations ranging from telehealth corrections to red crab specifications.

On to the data:

  • Last week, 49 new final regulations were published in the Federal Register, after 66 the previous week.
  • That’s the equivalent of a new regulation every three hours and 26 minutes.
  • Federal agencies have issued 933 final regulations in 2020. At that pace, there will be 3,110 new final regulations. Last year’s total was 3,150 regulations.
  • There were also 61 proposed regulations in the Federal Register last week, for a total of 645 on the year. At that pace, there will be 2,150 new proposed regulations in 2020. Last year’s total was 2,184 proposed regulations.
  • Last week, agencies published 419 notices, for a total of 6,527 in 2020. At that pace, there will be 21,757 new notices this year. Last year’s total was 21,804.
  • Last week, 1,352 new pages were added to the Federal Register, after 1,306 pages the previous week.
  • The 2020 Federal Register totals 21,738 pages. It is on pace for 72,460 pages. The 2019 total was 76,288 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Two such rules have been published this year. Four such rules were published in 2019.
  • The running cost tally for 2020’s economically significant regulations ranges from net savings of between $180 million and $4.69 billion. 2019’s total ranges from net savings of $350 million to $650 million, mostly from estimated savings on federal spending. The exact number depends on discount rates and other assumptions.
  • Agencies have published 19 final rules meeting the broader definition of “significant” so far this year. 2019’s total was 66 significant final rules.
  • So far in 2020, 184 new rules affect small businesses; seven of them are classified as significant. 2019’s totals were 501 rules affecting small businesses, with 22 of them significant.

Highlights from last week’s new final regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

Repeal for Resilience: CEI #NeverNeeded Online Event on April 21

This coming Wednesday, April 21 at 11:30 ET, I’ll be speaking in an online event with my colleagues Iain Murray and Kent Lassman. We’ll be discussing how regulatory reform can help keep people safe during the pandemic while helping minimize the economic damage.

The event will be held using the Zoom video conferencing program. If you would like to attend, the link to signup is here.

CEI NeverNeeded Event 200421