Category Archives: regulation

President Trump threatened a new tariff on all Mexican goods, potentially scuttling the NAFTA/USMCA agreement. My colleague Wayne Crews went through the new Spring 2019 Unified Agenda and found 3,791 new regulations in the pipeline, and the 2019 Federal Register surpassed 25,000 pages. Meanwhile, during a four-day week due to Memorial Day, rulemaking agencies published new regulations ranging from anchovies to inertia locking devices.

On to the data:

• Last week, 41 new final regulations were published in the Federal Register, after 77 the previous week.
• That’s the equivalent of a new regulation every 4 hours and 6 minutes.
• Federal agencies have issued 1,098 final regulations in 2019. At that pace, there will be 2,615 new final regulations. Last year’s total was 3,367 regulations.
• Last week, agencies published 347 notices, for a total of 8,962 in 2019. At that pace, there will be 21,339 new notices this year. Last year’s total was 22,205.
• Last week, 1,128 new pages were added to the Federal Register, after 1,668 pages the previous week.
• The 2019 Federal Register totals 25,492 pages. It is on pace for 60,696 pages. The 2018 total was 68,082 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. One such rule has been published this year. Six such rules were published in 2018.
• The running compliance cost tally for 2019’s economically significant regulations currently ranges from $139.1 million to $175.8 million. The 2018 total ranges from $220.1 million to $2.54 billion, depending on discount rates and other assumptions.
• Agencies have published 29 final rules meeting the broader definition of “significant” so far this year. 2018’s total was 108 significant final rules.
• So far in 2019, 195 new rules affect small businesses; 11 of them are classified as significant. 2018’s totals were 660 rules affecting small businesses, with 29 of them significant.

Highlights from last week’s new final regulations:

• Critical habitat for the spring pygmy sunfish.
• Air quality in New Jersey. Readers can make their own snarky jokes for this one.
• Anchovy fishing. May none of them end up anywhere near a pizza.
• Ethical conduct standards for the National Mediation Board.
• Inertia locking devices for seats on Airbus A330 planes.
• Financial privacy regulations for when the Defense Department seeks access to banks’ customer records.
• Brand name vs. generic product requirements for Defense Department acquisitions.

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

The number of new final regulations this year topped 1,000 last Tuesday, and President Trump and Congress entered Memorial Day weekend at odds on issues ranging from infrastructure to the renegotiated NAFTA/USMCA trade agreement. Meanwhile, rulemaking agencies marked the unofficial start of summer with new regulations ranging from temporary safety zones to potato handling.

On to the data:

• Last week, 77 new final regulations were published in the Federal Register, after 55 the previous week.
• That’s the equivalent of a new regulation every two hours and 11 minutes.
• Federal agencies have issued 1,057 final regulations in 2019. At that pace, there will be 2,616 new final regulations. Last year’s total was 3,367 regulations.
• Last week, agencies published 503 notices, for a total of 8,615 in 2019. At that pace, there will be 21,325 new notices this year. Last year’s total was 22,205.
• Last week, 1,668 new pages were added to the Federal Register, after 1,925 pages the previous week.
• The 2019 Federal Register totals 24,362 pages. It is on pace for 60,302 pages. The 2018 total was 68,082 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. One such rule has been published this year. Six such rules were published in 2018.
• The running compliance cost tally for 2019’s economically significant regulations currently ranges from $139.1 million to $175.8 million. The 2018 total ranges from $220.1 million to $2.54 billion, depending on discount rates and other assumptions.
• Agencies have published 29 final rules meeting the broader definition of “significant” so far this year. 2018’s total was 108 significant final rules.
• So far in 2019, 191 new rules affect small businesses; 11 of them are classified as significant. 2018’s totals were 660 rules affecting small businesses, with 29 of them significant.

Highlights from last week’s new final regulations:

• With lots of summer fireworks shows and swimming and boating events coming up, the Coast Guard issued 21 regulations for various stretches of river throughout the country, mostly to establish temporary safety zones.
• Potato handling.
• New Medicare Part D regulations with dual goals of lower drug prices and lower out-of-pocket costs. Many economists argue that these goals often work against each other; this rule will likely not work as intended.
• Again with the entities: Addition of Entities to the Entity List, and Addition of Certain Entities to the Entity List, Revision of an Entry on the Entity List, and Removal of an Entity from the Entity List.
• The Office of Management and Budget is implementing new Freedom of Information Act compliance regulations.
• The Federal Communications Commission is expanding the flexible use of the 3.7-4.2GHz band of wireless spectrum.

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

The Game of Thrones finale aired last night, though the show’s less-plausible Washington spinoff appears set to continue indefinitely, and with a rather larger budget. In related trivia, dragons appear in twenty-five Federal Register documents so far this year, or more than one per week. The number of new regulations this year will also likely top one thousand next week. Meanwhile, rulemaking agencies issued new regulations ranging from nursery industry guides to package delivery signatures.

On to the data:

• Last week, 55 new final regulations were published in the Federal Register, after 58 the previous week.
• That’s the equivalent of a new regulation every three hours and three minutes.
• Federal agencies have issued 980 final regulations in 2019. At that pace, there will be 2,553 new final regulations. Last year’s total was 3,367 regulations.
• Last week, agencies published 494 notices, for a total of 8,112 in 2019. At that pace, there will be 21,125 new notices this year. Last year’s total was 22,205.
• Last week, 1,925 new pages were added to the Federal Register, after 1,081 pages the previous week.
• The 2019 Federal Register totals 22,692 pages. It is on pace for 59,094 pages. The 2018 total was 68,082 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. One such rule has been published this year. Six such rules were published in 2018.
• The running compliance cost tally for 2019’s economically significant regulations currently ranges from $139.1 million to $175.8 million. The 2018 total ranges from $220.1 million to $2.54 billion, depending on discount rates and other assumptions.
• Agencies have published 28 final rules meeting the broader definition of “significant” so far this year. 2018’s total was 108 significant final rules.
• So far in 2019, 177 new rules affect small businesses; 11 of them are classified as significant. 2018’s totals were 660 rules affecting small businesses, with 29 of them significant.

Highlights from last week’s new final regulations:

• Gulf of Mexico greater amberjack.
• A statement on regulatory impacts from the Farm Credit Administration. This isn’t quite a regulatory report card along the lines of what Wayne Crews proposes in “Ten Thousand Commandments,” but this is more transparency than most agencies offer.
• The Environmental Protection Agency has updated its National Priorities List.
• Say this one three times fast: Addition of Certain Entities to the Entity List, Revision of an Entry on the Entity List, and Removal of an Entity From the Entity List.
• The U.S. Postal Service now has an electronic signature option for package deliveries.
• The Occupational Safety and Health Administration is implementing Phase IV of its Standards Improvement Project.
• Labeling and advertising home insulation. Much home insulation comes from China, and this regulation has language specifying that it applies to imports; this rule is in part a non-tariff trade barrier against China. Before the May 10th tariff increase, the China tariffs were already a “$1 billion tax increase on the housing industry.” Regulations such as this one add paperwork and compliance burdens to the mix, and are more difficult to detect than tariffs.
• The Federal Trade Commission is scrapping its Guides to the Nursery Industry.

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

Facebook co-founder Chris Hughes called for breaking up the company; CEI’s Iain Murray and Kent Lassman explain why that’s a bad idea. CEI also released the 2019 edition of “Ten Thousand Commandments.” On Friday, President Trump enacted a new 25 percent tariff on $200 billion of Chinese goods. Meanwhile, rulemaking agencies issued new regulations ranging from tariff applications to habitat descriptions.

On to the data:

• Last week, 58 new final regulations were published in the Federal Register, after 53 the previous week.
• That’s the equivalent of a new regulation every two hours and 54 minutes.
• Federal agencies have issued 925 final regulations in 2019. At that pace, there will be 2,542 new final regulations. Last year’s total was 3,367 regulations.
• Last week, agencies published 434 notices, for a total of 7,618 in 2019. At that pace, there will be 20,929 new notices this year. Last year’s total was 22,205.
• Last week, 1,081 new pages were added to the Federal Register, after 1,746 pages the previous week.
• The 2019 Federal Register totals 20,764 pages. It is on pace for 57,044 pages. The 2018 total was 68,082 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. One such rule has been published this year. Six such rules were published in 2018.
• The running compliance cost tally for 2019’s economically significant regulations currently ranges from $139.1 million to $175.8 million. The 2018 total ranges from $220.1 million to $2.54 billion, depending on discount rates and other assumptions.
• Agencies have published 27 final rules meeting the broader definition of “significant” so far this year. 2018’s total was 108 significant final rules.
• So far in 2019, 167 new rules affect small businesses; 11 of them are classified as significant. 2018’s totals were 660 rules affecting small businesses, with 29 of them significant.

Highlights from last week’s new final regulations:

• Commercials for Medicare of Medicaid-eligible drugs will now be required to include a list price. Possible unintended consequence: drug companies might decline to ask for Medicare or Medicaid coverage for certain drugs.
• Reserve requirements for banks.
• Water carrier tariff filing procedures.
• A fentanyl-based drug is being placed in schedule I, the Drug Enforcement Administration’s most severe controlled substance category.
• An increase in H-2B visas for non-immigrants.
• The Fish and Wildlife Service is revising its definitions of species’ protected habitat. Basically, they’re going for less text description and relying more on maps.
• Another spearmint oil regulation. That’s 162 since 1994.

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

Not one, but two potential Federal Reserve Board nominees withdrew from consideration last week and economic growth and unemployment remained in excellent health. Meanwhile, with the 2019 Federal Register poised to exceed 20,000 pages this week, rulemaking agencies issued new regulations covering TV channel lineups to postal products.

On to the data:

• Last week, 53 new final regulations were published in the Federal Register, after 45 the previous week.
• That’s the equivalent of a new regulation every three hours and 10 minutes.
• Federal agencies have issued 867 final regulations in 2019. At that pace, there will be 2,521 new final regulations. Last year’s total was 3,367 regulations.
• Last week, agencies published 528 notices, for a total of 7,184 in 2019. At that pace, there will be 20,884 new notices this year. Last year’s total was 22,205.
• Last week, 1,746 new pages were added to the Federal Register, after 1,330 pages the previous week.
• The 2019 Federal Register totals 19,681 pages. It is on pace for 57,213                                                         pages. The 2018 total was 68,082 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. One such rule has been published this year. Six such rules were published in 2018.
• The running compliance cost tally for 2019’s economically significant regulations currently ranges from $139.1 million to $175.8 million. The 2018 total ranges from $220.1 million to $2.54 billion, depending on discount rates and other assumptions.
• Agencies have published 27 final rules meeting the broader definition of “significant” so far this year. 2018’s total was 108 significant final rules.
• So far in 2019, 156 new rules affect small businesses; 11 of them are classified as significant. 2018’s totals were 660 rules affecting small businesses, with 29 of them significant.

Highlights from last week’s new final regulations:

• The FCC is dropping two old-timey rules for television channel lineup requirements.
• Corrections to a recent rule for radio frequency spectrum above 24 GHz.
• A drawbridge regulation for the Lewis and Clark River in Astoria, Oregon.
• The Health and Human Services Department has new discretion guidelinesfor enforcing monetary penalties for HIPAA (medical record privacy) violations.
• Updates to allowed and prohibited substances under the National Organic Program.
• Airworthiness directives for Yamaha Fazer drones.
• Pittsburgh Pirates fireworks.
• Job description changes for the Executive Office of United States Attorneys.
• Point of entry for all campaign finance reports.
• An updated product list for the Postal Service.
• The U.S. Army Corps of Engineers has inflation-adjusted its civil penalties.

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