Category Archives: regulation

There are two questions about the coming year in regulation. The first is what will happen. The second is what should happen.

What will likely happen is… pretty much the status quo. Three thousand and some new final regulations and total compliance costs in the neighborhood of $2 trillion. An administration’s first year is typically its slowest, as far as rulemaking goes, and its final year is its most active, especially if there is a party change. Things will likely ramp up a bit in 2022, especially as agencies begin to implement rules related to the big spending bills, but not by that much—especially since the Build Back Better spending bill is likely now dead.

First-year presidents and their appointees are still installing their personnel, forming their agendas, and learning the ropes. And if there was a party change, they spend a fair amount of time reversing and undoing the pervious administration’s policies, rather than making new rules. This seems to have been the case here, with the Biden administration undoing nearly all of former President Trump’s regulatory executive orders and several agency-issued regulations—though Trump’s disastrous trade policies remain intact.

An administration’s final year is typically is its busiest for rulemaking, so 2024 could be a very busy year for both regulators and regulated—especially if there is a party change. Midnight rushes also happen even when the incumbent wins, because the rulemaking process takes several months at minimum. A smartly run administration will make sure that high-priority regulations make it through this process even if they are confident in victory, just in case. But when the other side is about to take over, an administration will cram as much of its remaining agenda as it can into its final days. Nobody knows what will happen in 2024, but some form of a regulatory midnight rush is almost a certainty.

This coming year, the Biden administration’s second, will likely be in between its first and fourth years. Rulemakings will increase as agencies’ political appointees find their footing. But the increase will be smaller than it could have been, since the only major legislation passed this year was in the form of spending bills. A 50-50 Senate means additional substantive legislation is unlikely in 2022. While the spending bills that did pass have regulatory components, their focus was on spending, in the misguided view that spending was necessary to revive the COVID economy.

It is a big deal that the Build Back Better spending bill is likely now dead. Some of its regulatory provisions, especially for energy and environment, will likely come back in some other form. And President Biden will likely enact several of its planks without congressional input, using the same “pen and phone” tactic the Obama and Trump administrations used. If Congress changes hands in the midterm elections, look for something of a midnight rush before Congress’ next session convenes. This could also become a major source of rulemaking in 2023 if Republicans have the numbers to block most new legislation.

That’s what likely will happen. What about the separate question of what should happen? There are two main things. One is to ease the ongoing supply network crisis by repealing #NeverNeeded regulations that are slowing down trade, maritime shipping, trucking, and other important industries. The continuing fight against COVID-19 would benefit from a more reasonable FDA approval process, and fewer rules blocking access to telemedicine and other modern health care methods.

The second thing that should happen is to clean up the regulatory code. This is a long-term process, but President Biden has the opportunity to create a lasting positive legacy if he begins it. The best option is an independent regulatory cleanup commission that combs through different parts of the 185,000-page Code of Federal Regulations on a 10-year cycle. I wrote a paper outlining how a cleanup commission would work here. New regulations should also have automatic 10-year sunsets, renewable by Congress, so when they become obsolete, they would not linger on for decades, as they do now.

For more reform ideas, see Wayne Crews’s Ten Thousand Commandments report and the regulatory reform chapter in CEI’s Agenda for Congress.

Two big pieces of good news last week were the Senate’s decision to shelve the $1.7 trillion Build Back Better spending bill and the Federal Reserve’s announcement that it will begin tapering back money supply growth, which should help tame inflation starting next year. In sadder news, COVID-19 claimed its 800,000^th death in the United States. It has killed more than 5.3 million people worldwide. Meanwhile, agencies issued new rules ranging from livestock herders to ulcer management.

On to the data:

• Agencies issued 74 final regulations last week, after 77 the previous week.
• That’s the equivalent of a new regulation every two hours and 16 minutes.
• With 3,142 final regulations so far in 2021, agencies are on pace to issue 3,260 final regulations this year. 2020’s total was 3,218 final regulations.
• Agencies issued 50 proposed regulations in the Federal Register last week, after 29 the previous week.
• With 2,026 proposed regulations so far in 2021, agencies are on pace to issue 2,102 proposed regulations this year. 2020’s total was 2,102 proposed regulations.
• Agencies published 422 notices last week, after 384 notices the previous week.
• With 21,287 notices so far in 2021, agencies are on pace to issue 22,174 notices this year. 2020’s total was 22,480.
• Last week, 1,101 new pages were added to the Federal Register, after 1,811 pages the previous week.
• The average Federal Register issue this year contains 299 pages.
• With 71,791 pages so far, the 2021 Federal Register is on pace for 74,483 pages in 2021. The 2020 total was 87,352 pages. The all-time record adjusted page count (subtracting 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. There are 25 such rules so far in 2021, one from the last week. Agencies published five economically significant rules in 2020, and four in 2019.
• The running cost tally for 2021’s economically significant rules ranges from $8.94 billion to $14.06 billion. The 2020 figure ranges from net savings of between $2.04 billion and $5.69 billion, mostly from estimated savings on federal spending. The exact numbers depend on discount rates and other assumptions.
• Agencies have published 356 final rules meeting the broader definition of “significant” in 2021, with four in the last week. This is on pace for 380 significant rules in 2021. 2020’s total was 79 significant final rules.
• In 2021, 879 new rules affect small businesses; 94 are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

• Flying drones near people.
• H-2A visas for seasonal livestock herders.
• Hawaiian lobster harvest.
• Marine mammal casualties due to naval construction.
• Energy testing requirements from the Energy Department.
• A temporary waiver process for energy testing requirements from the Department of Energy.
• Medicare payments for end-stage renal disease.
• Corporate welfare for dairy producers.
• Electronic access to case files for immigration cases.
• Four body systems.
• Wage requirements for certain immigrants and non-immigrants.
• Ulcer management.
• A COVID-related waiver for in-person hearing requirements for certain immigration oaths.
• Admissions policies for the Uniformed Services University of the Health Sciences.
• Closed captioning.

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

The number of new regulations this year topped 3,000, ending the week at 3,068, and the 2021 Federal Register topped 70,000 pages. Inflation went up to 6.8 percent, the highest since 1982, back when the 1970s stagflation was still winding down. Congress is working hard to avoid hitting the debt ceiling. While most people would do this by spending less, Congress is instead going to raise the ceiling. Meanwhile, agencies issued new rules ranging from wool trust funds to commuter airplanes.

On to the data:

• Agencies issued 77 final regulations last week, after 67 the previous week.
• That’s the equivalent of a new regulation every two hours and 11 minutes.
• With 3,068 final regulations so far in 2021, agencies are on pace to issue 3,264 final regulations this year. 2020’s total was 3,218 final regulations.
• Agencies issued 29 proposed regulations in the Federal Register last week, after 29 the previous week.
• With 1,976 proposed regulations so far in 2021, agencies are on pace to issue 2,095 proposed regulations this year. 2020’s total was 2,102 proposed regulations.
• Agencies published 384 notices last week, after 357 notices the previous week.
• With 20,865 notices so far in 2021, agencies are on pace to issue 22,197 notices this year. 2020’s total was 22,480.
• Last week, 1,811 new pages were added to the Federal Register, after 1,224 pages the previous week.
• The average Federal Register issue this year contains 301 pages.
• With 70,687 pages so far, the 2021 Federal Register is on pace for 75,199 pages in 2021. The 2020 total was 87,352 pages. The all-time record adjusted page count (subtracting 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. There are 24 such rules so far in 2021, none from the last week. Agencies published five economically significant rules in 2020, and four in 2019.
• The running cost tally for 2021’s economically significant rules ranges from $8.83 billion to $13.72 billion. The 2020 figure ranges from net savings of between $2.04 billion and $5.69 billion, mostly from estimated savings on federal spending. The exact numbers depend on discount rates and other assumptions.
• Agencies have published 344 final rules meeting the broader definition of “significant” in 2021, with four in the last week. This is on pace for 366 significant rules in 2021. 2020’s total was 79 significant final rules.
• In 2021, 859 new rules affect small businesses; 88 are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

• Fewer exemptions to the Trump-Biden steel tariffs.
• Sex offender registration requirements.
• Warnings on cigarette packages.
• Guaranteed loans for rural utilities. Also relevant: the concept of moral hazard.
• Postage for periodicals.
• Detaining immigrants.
• Commuter airplanes.
• Export restrictions to Cambodia as a China containment measure.
• Arms trafficking restrictions against Cambodia, which makes a little more sense.
• Special reporting requirements for foreign companies.
• USMCA implementation.
• New Federal Trade Commission standards for safeguarding customer information.
• Relevant for inflation: Reserve requirements for banks.
• Also relevant for inflation: Federal Reserve Bank capital stock.
• Temporary Occupational Safety and Health Administration rules for COVID-19 vaccination and testing.
• Turtle extruder devices.
• Tax increase on avocados grown in south Florida.
• Trust funds for cotton and wool producers.
• Regulations for exporting U.S agricultural products.
• Subsidies for exporting U.S. agricultural products.
• Temporary emergency trackage rights on railroads.

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

The number of new final regulations this year will pass 3,000 this week, with more than three weeks still to go. The Omicron variant gave the country an education in the Greek alphabet, though it is too early to tell if it will be particularly harmful. New job numbers provided further evidence that the big spending bills are unnecessary, and that it is well past time for policy makers to begin tamping down inflation. Meanwhile, agencies issued new rules ranging from Egyptian artifacts to imported goats.

On to the data:

• Agencies issued 67 final regulations last week, after 59 the previous week.
• That’s the equivalent of a new regulation every two hours and 31 minutes.
• With 2,991 final regulations so far in 2021, agencies are on pace to issue 3,251 final regulations this year. 2020’s total was 3,218 final regulations.
• Agencies issued 29 proposed regulations in the Federal Register last week, after 47 the previous week.
• With 1,927 proposed regulations so far in 2021, agencies are on pace to issue 2,095 proposed regulations this year. 2020’s total was 2,222 proposed regulations.
• Agencies published 357 notices last week, after 399 notices the previous week.
• With 20,481 notices so far in 2021, agencies are on pace to issue 22,262 notices this year. 2020’s total was 22,480.
• Last week, 1,224 new pages were added to the Federal Register, after 1,496 pages the previous week.
• The average Federal Register issue this year contains 299 pages.
• With 68,874 pages so far, the 2021 Federal Register is on pace for 74,863 pages in 2021. The 2020 total was 87,352 pages. The all-time record adjusted page count (subtracting 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. There are 24 such rules so far in 2021, none from the last week. Agencies published five economically significant rules in 2020, and four in 2019.
• The running cost tally for 2021’s economically significant rules ranges from $8.83 billion to $13.72 billion. The 2020 figure ranges from net savings of between $2.04 billion and $5.69 billion, mostly from estimated savings on federal spending. The exact numbers depend on discount rates and other assumptions.
• Agencies have published 340 final rules meeting the broader definition of “significant” in 2021, with five in the last week. This is on pace for 370 significant rules in 2021. 2020’s total was 79 significant final rules.
• In 2021, 823 new rules affect small businesses; 87 are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

• A correction to recent energy conservation testing rules for central air conditioners and heat pumps.
• Lawyers’ ears are surely perking up about a new rule for vaccine injury settlements for pregnant women.
• And another one regarding court orders for pesticide-caused deaths and disabilities.
• Five new rules for classifying medical devices.
• A universal proxy card for shareholder votes.
• Vaccine and mask requirements for Head Start programs.
• A 45-day extension of an emergency COVID-19 vaccination and testing standard.
• Uniform auditing requirements for agencies.
• Bolivian archaeological artifacts.
• Egyptian archaeological artifacts.
• Accrediting food analysis laboratories.
• Imported goats.
• Animal handling contingency plans. as Mike Chase explained in How to Become a Federal Criminal, this regulation has mired magicians with rabbits and other animal handlers in mountains of paperwork and even thrown some out of work. This rule was temporarily revoked, and is now restored.

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

It was a short work week because of Thanksgiving. Meanwhile, agencies issued new rules ranging from blood lancets to crash test dummies.

On to the data:

• Agencies issued 59 final regulations last week, after 63 the previous week.
• That’s the equivalent of a new regulation every two hours and 51 minutes.
• With 2,924 final regulations so far in 2021, agencies are on pace to issue 3,138 final regulations this year. 2020’s total was 3,218 final regulations.
• Agencies issued 47 proposed regulations in the Federal Register last week, after 41 the previous week.
• With 1,898 proposed regulations so far in 2021, agencies are on pace to issue 2,109 proposed regulations this year. 2020’s total was 2,222 proposed regulations.
• Agencies published 399 notices last week, after 391 notices the previous week.
• With 20,124 notices so far in 2021, agencies are on pace to issue 22,360 notices this year. 2020’s total was 22,480.
• Last week, 1,496 new pages were added to the Federal Register, after 3,225 pages the previous week.
• The average Federal Register issue this year contains 299 pages.
• With 67,647 pages so far, the 2021 Federal Register is on pace for 75,163 pages in 2021. The 2020 total was 87,352 pages. The all-time record adjusted page count (subtracting 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. There are 24 such rules so far in 2021, three from the last week. Agencies published five economically significant rules in 2020, and four in 2019.
• The running cost tally for 2021’s economically significant rules ranges from $8.83 billion to $13.72 billion. The 2020 figure ranges from net savings of between $2.04 billion and $5.69 billion, mostly from estimated savings on federal spending. The exact numbers depend on discount rates and other assumptions.
• Agencies have published 335 final rules meeting the broader definition of “significant” in 2021, with four in the last week. This is on pace for 372 significant rules in 2021. 2020’s total was 79 significant final rules.
• In 2021, 810 new rules affect small businesses; 85 are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

• A $15 hourly minimum wage for all federal contractors, at a cost of $1.75 billion per year.
• Energy conservation standards for direct heating equipment.
• Technical corrections to 18 endangered species designations.
• Notification requirements for banking incidents.
• Classification of the general laparoscopic power morcellation containment system.
• Royalty rates for public broadcasters.
• And for satellite broadcasters.
• Geometric altitude controls for drones.
• Archaeological artifacts from Greece.
• New premarket approval requirements for blood lancets.
• Specifications for crash test dummies intended to simulate three-year-olds.

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

The House passed a $1.85 trillion spending bill, which a 50-50 Senate will now consider. An Alzheimer’s vaccine began human trials. If it proves safe and effective, we will then find out how many years the Food and Drug Administration (FDA) will withhold it from patients. Hopefully the FDA learned the right lesson from its expedited approval of safe and effective COVID-19 vaccines. Meanwhile, agencies issued new rules ranging from date taxes to refractory products.

On to the data:

• Agencies issued 63 final regulations last week, after 52 the previous week.
• That’s the equivalent of a new regulation every two hours and 40 minutes.
• With 2,865 final regulations so far in 2021, agencies are on pace to issue 3,301 final regulations this year. 2020’s total was 3,218 final regulations.
• Agencies issued 41 proposed regulations in the Federal Register last week, after 34 the previous week.
• With 1,851 proposed regulations so far in 2021, agencies are on pace to issue 2,132 proposed regulations this year. 2020’s total was 2,222 proposed regulations.
• Agencies published 391 notices last week, after 343 notices the previous week.
• With 19,725 notices so far in 2021, agencies are on pace to issue 22,725 notices this year. 2020’s total was 22,480.
• Last week, 3,255 new pages were added to the Federal Register, after 1,225 pages the previous week.
• The average Federal Register issue this year contains 299 pages.
• With 66,150 pages so far, the 2021 Federal Register is on pace for 76,210 pages in 2021. The 2020 total was 87,352 pages. The all-time record adjusted page count (subtracting 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. There are 21 such rules so far in 2021, three from the last week. Agencies published five economically significant rules in 2020, and four in 2019.
• The running cost tally for 2021’s economically significant rules ranges from $6.72 billion to $11.61 billion. The 2020 figure ranges from net savings of between $2.04 billion and $5.69 billion, mostly from estimated savings on federal spending. The exact numbers depend on discount rates and other assumptions.
• Agencies have published 331 final rules meeting the broader definition of “significant” in 2021, with four in the last week. This is on pace for 381 significant rules in 2021. 2020’s total was 79 significant final rules.
• In 2021, 789 new rules affect small businesses; 84 are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

• Three body systems.
• Denying visas on public charge grounds.
• Executive branch ethics.
• A delay in new rules for concrete mason product research, education, and promotion.
• The Atlantic pigtoe is now a threatened species.
• Record keeping and reporting requirements for financial crimes.
• New pipeline regulations.
• Medicare coverage of innovative technology.
• A 508-page economically significant rule ($100 million impact or more annually) of changes to Medicare. Since finding out the cost of the rule is well-nigh impossible from what the rule provides, I am scoring it as zero-cost in our annual tally for now.
• Pacific mackerel specifications.
• Emissions rules for the outside coating of aluminum cans.
• And for refractory products.
• Tax increase for dates grown in California.
• Judgment officers at the Commodity Futures Trading Commission shall now be called administrative judges.
• Price changes from the Postal Service.
• The definition of “commercial item.”

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

Children can now receive COVID-19 vaccinations, which is good news all around. The economy gained 531,000 jobs in October, showing once again why Congress’ big spending bills are unnecessary. Meanwhile, pundits spent the week analyzing off-year election results. Agencies issued new rules ranging from rural innovation to seafood dealers.

On to the data:

• Agencies issued 63 final regulations last week, after 58 the previous week.
• That’s the equivalent of a new regulation every two hours and 40 minutes.
• With 2,750 final regulations so far in 2021, agencies are on pace to issue 3,243 final regulations this year. 2020’s total was 3,218 final regulations.
• Agencies issued 33 proposed regulations in the Federal Register last week, after 61 the previous week.
• With 1,776 proposed regulations so far in 2021, agencies are on pace to issue 2,094 proposed regulations this year. 2020’s total was 2,222 proposed regulations.
• Agencies published 495 notices last week, after 418 notices the previous week.
• With 18,911 notices so far in 2021, agencies are on pace to issue 22,301 notices this year. 2020’s total was 22,480.
• Last week, 1,505 new pages were added to the Federal Register, after 1,394 pages the previous week.
• The average Federal Register issue this year contains 291 pages.
• With 61,664 pages so far, the 2021 Federal Register is on pace for 72,717 pages in 2021. The 2020 total was 87,352 pages. The all-time record adjusted page count (subtracting 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. There are 16 such rules so far in 2021, none from the last week. Agencies published five economically significant rules in 2020, and four in 2019.
• The running cost tally for 2021’s economically significant rules ranges from $4.61 billion to $8.40 billion. The 2020 figure ranges from net savings of between $2.04 billion and $5.69 billion, mostly from estimated savings on federal spending. The exact numbers depend on discount rates and other assumptions.
• Agencies have published 348 final rules meeting the broader definition of “significant” in 2021, with four in the last week. This is on pace for 410 significant rules in 2021. 2020’s total was 79 significant final rules.
• In 2021, 761 new rules affect small businesses; 88 are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

• A grant program for rural innovation.
• Isotonitazene is now a Schedule I controlled substance, same as heroin.
• Barge-based fireworks.
• Hearing aid-compatible handsets.
• Small entity compliance guide for federal acquisitions.
• An egg inspection correction.
• Federal seafood dealers.
• Arms trafficking to Ethiopia and Eritrea.
• Hiring college graduates.
• Nonimmigrant visas.
• Two new rules for COVID-19 vaccinations.

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

Third quarter GDP growth was an estimated at 2 percent, down from about 6 percent the previous two quarters. The 2021 Federal Register topped 60,000 pages with two months left in the year. Meanwhile, agencies issued new rules ranging from fan efficiency to motherships.

On to the data:

• Agencies issued 58 final regulations last week, after 53 the previous week.
• That’s the equivalent of a new regulation every two hours and 54 minutes.
• With 2,687 final regulations so far in 2021, agencies are on pace to issue 3,245 final regulations this year. 2020’s total was 3,218 final regulations.
• Agencies issued 61 proposed regulations in the Federal Register last week, after 36 the previous week.
• With 1,743 proposed regulations so far in 2021, agencies are on pace to issue 2,105 proposed regulations this year. 2020’s total was 2,222 proposed regulations.
• Agencies published 418 notices last week, after 491 notices the previous week.
• With 18,416 notices so far in 2021, agencies are on pace to issue 22,242 notices this year. 2020’s total was 22,480.
• Last week, 1,394 new pages were added to the Federal Register, after 1,238 pages the previous week.
• The average Federal Register issue this year contains 291 pages.
• With 60,158 pages so far, the 2021 Federal Register is on pace for 72,655 pages in 2021. The 2020 total was 87,352 pages. The all-time record adjusted page count (subtracting 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. There are 16 such rules so far in 2021, three from the last week. Agencies published five economically significant rules in 2020, and four in 2019.
• The running cost tally for 2021’s economically significant rules ranges from $4.61 billion to $8.40 billion. The 2020 figure ranges from net savings of between $2.04 billion and $5.69 billion, mostly from estimated savings on federal spending. The exact numbers depend on discount rates and other assumptions.
• Agencies have published 344 final rules meeting the broader definition of “significant” in 2021, with four in the last week. That is on pace for 415 significant rules in 2021. 2020’s total was 79 significant final rules.
• In 2021, 734 new rules affect small businesses; 87 are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

• Energy conservation tests for clothes washers.
• And for fans and blowers.
• Just in time for fall sweater weather, heat injury and illness prevention rules from the Occupational Safety and Health Administration.
• Emissions from municipal solid waste landfills.
• New rule for designating critical habitat under the Endangered Species Act.
• Make that two new rules.
• Bigeye tuna catch limits.
• New safety standards for infant swings.
• Real estate lending standards.
• Another boat fire regulation, this time for recreational vessels.
• Best practices for communications equipment disposal.
• Digital performance of sound recordings.
• Energy conservation standards for metal halide lamp fixtures.
• The National Endowment for the Arts is making its guidance documents less transparent to the public.
• Pacific whiting motherships.
• The Federal Trade Commission is changing procedures for petitioning the agency.
• Drug and alcohol testing for truck drivers.
• The Department of Labor’s Wage and Hour Division is partially withdrawing some regulations for tipped workers.

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

The Centers for Disease Control and Prevention approved COVID-19 booster shots for adults over 65, or with certain medical conditions, or who have job-related COVID exposure. The Pfizer vaccine also has an estimated 90 percent effectiveness in preventing symptomatic COVID in children aged five to 11, which should encourage regulators to finally approve it. Meanwhile, agencies issued new rules ranging from boat fires to meal pattern revisions.

On to the data:

• Agencies issued 53 final regulations last week, after 30 the previous week.
• That is the equivalent of a new regulation every five hours and 36 minutes.
• With 2,629 final regulations so far in 2021, agencies are on pace to issue 3,254 final regulations this year. 2020’s total was 3,218 final regulations.
• Agencies issued 36 proposed regulations in the Federal Register last week, after 27 the previous week.
• With 1,682 proposed regulations so far in 2021, agencies are on pace to issue 2,082 proposed regulations this year. 2020’s total was 2,222 proposed regulations.
• Agencies published 491 notices last week, after 379 notices the previous week.
• With 17,988 notices so far in 2021, agencies are on pace to issue 22,262 notices this year. 2020’s total was 22,480.
• Last week, 1,238 new pages were added to the Federal Register, after 859 pages the previous week.
• The average Federal Register issue this year contains 291 pages.
• With 58,762 pages so far, the 2021 Federal Register is on pace for 72,725 pages in 2021. The 2020 total was 87,352 pages. The all-time record adjusted page count (subtracting 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. There are 13 such rules so far in 2021, none from the last week. Agencies published five economically significant rules in 2020, and four in 2019.
• The running cost tally for 2021’s economically significant rules ranges from $2.77 billion to $6.61 billion. The 2020 figure ranges from net savings of between $2.04 billion and $5.69 billion, mostly from estimated savings on federal spending. The exact numbers depend on discount rates and other assumptions.
• Agencies have published 340 final rules meeting the broader definition of “significant” in 2021, with five in the last week. This is on pace for 421 significant rules in 2021. 2020’s total was 79 significant final rules.
• In 2021, 719 new rules affect small businesses; 86 are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

• Travel limitations to Mexico and Canada.
• Critical habitat for the narrow-headed garter snake.
• E-cigarettes in the mail.
• The Federal Trade Commission has a new energy labeling rule.
• Venezuela Web General License 7.
• Authenticating calls.
• Government in the Sunshine Act.
• The humpback chub is being relisted from an endangered species to a threatened species.
• Standards of conduct for the Farm Credit Administration.
• Fire protection for recreational vessels.
• Meal pattern revisions for children.

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