Category Archives: regulation

While Congress was busy with the 1,603-page Cromnibus bill (full text), agencies added nearly that many pages to the Federal Register with new regulations for everything from dropped calls to migratory birds.

On to the data:

• Last week, 63 new final regulations were published in the Federal Register. There were 71 new final rules the previous week.
• That’s the equivalent of a new regulation every two hours and 40 minutes.
• So far in 2014, 3,377 final regulations have been published in the Federal Register. At that pace, there will be a total of 3,532 new regulations this year.
• Last week, 1,475 new pages were added to the Federal Register.
• Currently at 74,014 pages, the 2014 Federal Register is on pace for 77,421 pages. This would be the 6^th-largest page count since the Federal Register began publication in 1936.
• Rules are called “economically significant” if they have costs of $100 million or more in a given year. 43 such rules have been published so far this year, none in the past week.
• The total estimated compliance costs of 2014’s economically significant regulations currently ranges from $8.18 billion to $11.65 billion. They also affect several billion dollars of government spending.
• 272 final rules meeting the broader definition of “significant” have been published so far this year.
• So far in 2014, 640 new rules affect small businesses; 96 of them are classified as significant.

Highlights from selected final rules published last week:

• The USDA is no longer allowed to use age discrimination when handing out farm subsidies.
• Similarly, government contractors and subcontractors may no longer discriminate by sexual orientation or gender identity.
• Food producers have until January 1, 2018 to comply with new food labeling standards.
• The FCC passed a regulation that would punish phone companies if they have too many dropped calls in rural areas.
• Good news for date growers in Riverside County, California: the Agricultural Marketing Service is lowering its assessment rate.
• The FAA passed a rule to indicate that it will not change a previous rule on flight crew working hours and rest requirements.
• New rule for smoking areas in federal prisons.
• Five species of sawfish are now endangered.
• The rufa red knot, a migratory shorebird, is now a threatened species.

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

While the number of new regulations last week was normal, their cost was abnormal, totaling well over half a billion dollars just for the four rules meeting the “economically significant” threshold.

On to the data:

• Last week, 71 new final regulations were published in the Federal Register. There were 58 new final rules the previous week.
• That’s the equivalent of a new regulation every two hours and 22 minutes.
• So far in 2014, 3,325 final regulations have been published in the Federal Register. At that pace, there will be a total of 3,552 new regulations this year.
• Last week, 1,541 new pages were added to the Federal Register.
• Currently at 72,535 pages, the 2014 Federal Register is on pace for 77,495 pages. This would be the 6^th-largest page count since the Federal Register began publication in 1936.
• Rules are called “economically significant” if they have costs of $100 million or more in a given year. 43 such rules have been published so far this year, four in the past week.
• The total estimated compliance costs of 2014’s economically significant regulations currently ranges from $8.18 billion to $11.65 billion. They also affect several billion dollars of government spending.
• 270 final rules meeting the broader definition of “significant” have been published so far this year.
• So far in 2014, 632 new rules affect small businesses; 96 of them are classified as significant.

Highlights from selected final rules published last week:

• The FDA issued a pair of lengthy regulations for calorie labelling and other nutritional information for food from vending machines and restaurants. Their combined annual estimated cost ranges from $110.8 million to $117.6 million.
• A commitment to transparency is a hallmark of a just and efficient government. A new rule affecting the Medicaid program states, “[W]e are unable to predict and estimate the impacts of this final rule, including those of individual hospitals or groups of hospitals.” The impact analysis, such as it is, does estimate that the rule meets the Congressional Review Act’s definition of a “major rule,” costing $141 million or more annually. I am estimating this rule to cost the bare minimum to meet that threshold, even though that almost certainly underestimates the actual cost.
• A new Medicare rule is more transparent, and is also quite expensive. In the rule’s phrasing, it “will result in an annual transfer of more than $100 million from providers and suppliers to the federal government,” which it later on estimates will range from $327.4 million to $545.7 million.
• A technical amendment to the federal government’s National Poultry Improvement Plan.
• Energy efficiency tests for washing machines.
• The Copyright Royalty Board has adjusted the composers’ royalty rate for musical performances at colleges and universities.

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

Regulators had much to be thankful for during the short Thanksgiving work week, with new rules covering everything from grocery store ads to wireless signal boosters to greenhouse gas reporting requirements. The Federal Register also passed the 70,000-page mark on Monday.

On to the data:

• Last week, 58 new final regulations were published in the Federal Register. There were 59 new final rules the previous week.
• That’s the equivalent of a new regulation every two hours and 54 minutes.
• So far in 2014, 3,254 final regulations have been published in the Federal Register. At that pace, there will be a total of 3,551 new regulations this year.
• Last week, 1,236 new pages were added to the Federal Register.
• Currently at 70,994 pages, the 2014 Federal Register is on pace for 77,505 pages. This would be the 6^th-largest page count since the Federal Register began publication in 1936.
• Rules are called “economically significant” if they have costs of $100 million or more in a given year. 39 such rules have been published so far this year, none in the past week.
• The total estimated compliance costs of 2014’s economically significant regulations currently ranges from $7.60 billion to $10.85 billion. They also affect several billion dollars of government spending.
• 259 final rules meeting the broader definition of “significant” have been published so far this year.
• So far in 2014, 609 new rules affect small businesses; 89 of them are classified as significant.

Highlights from selected final rules published last week:

• The FCC is revising its rules for wireless signal boosters.
• Mental health care just got a little cheaper for veterans, thanks to a new co-pay rule from the Veterans Affairs Department.
• The federal government has decided to continue regulating grocery store advertisements.
• The National Highway Traffic Safety Administration has published car theft data for 2012. Take a look. Thefts are up from 2011, but the long-term trend is downward.
• In a bit of minor but necessary housekeeping, the Defense Department, General Services Administration, and NASA are removing obsolete Y2K compliance standards from their acquisition regulations.
• The EPA is revising its greenhouse gas reporting requirements for petroleum and natural gas systems.
• The FDIC is updating its stress testing regulations for financial institutions.

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

It was a bit of a slow week as these things go, but regulators still published new rules on everything from stress testing to sage grouses. The Federal Register also has a chance of topping the 70,000-page mark next week.

On to the data:

• Last week, 59 new final regulations were published in the Federal Register. There were 74 new final rules the previous week.
• That’s the equivalent of a new regulation every two hours and 51 minutes.
• So far in 2014, 3,196 final regulations have been published in the Federal Register. At that pace, there will be a total of 3,551 new regulations this year.
• Last week, 1,404 new pages were added to the Federal Register.
• Currently at 68,388 pages, the 2014 Federal Register is on pace for 75,987 pages. This would be the 6^th-largest page count since the Federal Register began publication in 1936.
• Rules are called “economically significant” if they have costs of $100 million or more in a given year. 39 such rules have been published so far this year, none in the past week.
• The total estimated compliance costs of 2014’s economically significant regulations currently ranges from $7.60 billion to $10.85 billion. They also affect several billion dollars of government spending.
• 258 final rules meeting the broader definition of “significant” have been published so far this year.
• So far in 2014, 598 new rules affect small businesses; 88 of them are classified as significant.

Highlights from selected final rules published last week:

• Imidazoline requirements for child-resistant packaging.
• The Gunnison sage-grouse is now a threatened species.
• It also has been given 1.4 million acres of critical habitat.
• The FDIC is revising its annual stress testing requirements for certain banks.
• 10 new regulations from the FAA. See them here.

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

The Federal Register took Tuesday off to observe Veterans’ Day. The short week was still a busy one, with Thursday’s edition alone totaling 783 pages.

On to the data:

• Last week, 74 new final regulations were published in the Federal Register. There were 59 new final rules the previous week.
• That’s the equivalent of a new regulation every two hours and 16 minutes.
• So far in 2014, 3,137 final regulations have been published in the Federal Register. At that pace, there will be a total of 3,565 new regulations this year.
• Last week, 1,755 new pages were added to the Federal Register.
• Currently at 66,984 pages, the 2014 Federal Register is on pace for 76,119 pages. This would be the 6^th-largest page count since the Federal Register began publication in 1936.
• Rules are called “economically significant” if they have costs of $100 million or more in a given year. 39 such rules have been published so far this year, two in the past week.
• The total estimated compliance costs of 2014’s economically significant regulations currently ranges from $7.60 billion to $10.85 billion. They also affect several billion dollars of government spending.
• 255 final rules meeting the broader definition of “significant” have been published so far this year.
• So far in 2014, 559 new rules affect small businesses; 88 of them are classified as significant.

Highlights from selected final rules published last week:

• An economically significant rule from the Centers for Medicare and Medicaid Services will increase spending by $5.1 billion next year. Since this is government spending and not compliance costs, I am scoring this rule as zero-cost on our running compliance cost tally.
• I challenge you to make sense of this 464-page rule, also from the Center for Medicare and Medicaid Services. It contains nearly a full page of just acronyms, and the linguistic opacity is truly something to behold. This approach to regulation contributes to the health care system’s dysfunctionality.
• If a pilot is between 60 and 65 years old, his co-pilot must be under 60.
• 20 species of coral are being added to the endangered species list.
• Critical habitat for rockfish.
• Clarification of grading standards for avocados.
• The federal government has a Mango Promotion, Research and Information Order. The Agricultural Marketing Service issued a rule to review it, and concluded there is a continued need for it.
• Thinking of trafficking arms to Vietnam? Make sure you read this new regulation first.
• Another regulation for preventing collisions at sea, the 483^rd since 1994. See them all here.

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

Election week was a busy one on the regulatory front, with new rules on everything from fuel taxes to wireless spectrum. With the Senate changing hands in January, we’ll soon find out if agencies will engage in a midnight rush of rulemaking before the Republicans take over. This phenomenon is most apparent when the White House changes parties, but can happen when Congress switches over, too.

On to the data:

• Last week, 59 new final regulations were published in the Federal Register. There were 60 new final rules the previous week.
• That’s the equivalent of a new regulation every two hours and 48 minutes.
• So far in 2014, 3,063 final regulations have been published in the Federal Register. At that pace, there will be a total of 3,545 new regulations this year.
• Last week, 1,450 new pages were added to the Federal Register.
• Currently at 65,229 pages, the 2014 Federal Register is on pace for 75,497 pages. This would be the 6^th-largest page count since the Federal Register began publication in 1936.
• Rules are called “economically significant” if they have costs of $100 million or more in a given year. 37 such rules have been published so far this year, two in the past week.
• The total estimated compliance costs of 2014’s economically significant regulations currently ranges from $7.60 billion to $10.85 billion. They also affect several billion dollars of government spending.
• 250 final rules meeting the broader definition of “significant” have been published so far this year.
• So far in 2014, 576 new rules affect small businesses; 85 of them are classified as significant.

Highlights from selected final rules published last week:

• Both economically significant rules this week come from the Center for Medicare and Medicaid Services. One rule, regarding end-stage renal disease, “would save over $4.4 billion in gross payments over FYs 2016-2020. The gross savings would be primarily achieved from the reduced payment amounts for items and services.” Because this is all spending and not compliance costs, I am scoring this rule as zero-cost in our running compliance cost tally.
• The second rule covers home health agencies. It estimates “a net reduction of $21.55 million in calendar year 2015 burden costs related to the certification requirements for home health agencies and associated physicians.” Since this involves compliance costs, we are scoring this rule as saving $21.55 million in our running compliance cost tally.
• The Personnel Management Office is revising its pension policies for the spouses of deceased separated employees.
• The FAA has new guidelines on how to spend revenues from fuel taxes.
• The Treasury Department is revising its in-house standards for ethical conduct.
• The FCC is preparing a spectrum auction to reallocate how different bandwidths of wireless signals may be used.
• The EPA is withdrawing an earlier rule on air quality in Indiana.

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

In the final week before the midterm election, agencies published new regulations ranging from dairy profits to Japanese oranges. Fittingly, the total number of new regulations on the year passed the 3,000 mark on Hallow’s Eve.

On to the data:

• Last week, 60 new final regulations were published in the Federal Register. There were 74 new final rules the previous week.
• That’s the equivalent of a new regulation every two hours and 48 minutes.
• So far in 2014, 3,004 final regulations have been published in the Federal Register. At that pace, there will be a total of 3,573 new regulations this year.
• Last week, 1,329 new pages were added to the Federal Register.
• Currently at 63,779 pages, the 2014 Federal Register is on pace for 77,143 pages. This would be the 6^th-largest page count since the Federal Register began publication in 1936.
• Rules are called “economically significant” if they have costs of $100 million or more in a given year. 35 such rules have been published so far this year, none in the past week.
• The total estimated compliance costs of 2014’s economically significant regulations currently ranges from $7.62 billion to $10.87 billion. They also affect several billion dollars of government spending.
• 245 final rules meeting the broader definition of “significant” have been published so far this year.
• So far in 2014, 564 new rules affect small businesses; 81 of them are classified as significant.

Highlights from selected final rules published last week:

• The Education Department estimates that its revised student aid lending policies will increase government spending by $4.2 billion over the period 2014-2024. This averages to $420 million per year, which is why it qualifies as economically significant. Since this affects government spending and not compliance costs, we are scoring this rule as zero-cost in our running compliance cost tally.
• Another spearmint oil regulation. This makes 141 spearmint oil regulations since 1994. See them all here.
• Intellectual property boffins will be interested in a new digital performance regulation for sound recordings.
• Unlike most other industries, much of the dairy industry has guaranteed profit margins enforced by the federal government. The comment period has been re-opened for the latest revision to this corporate welfare program. Weigh in before December 15 if you like.
• The federal government has a Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order, for some reason. A new rule for its late payment policies is here.
• The Animal and Plant Health Inspection Service is liberalizing its importation policies for fresh Unshu oranges from Japan.

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

It was business as usual, with new rules hitting the books on everything from political speech restrictions to butterflies to football broadcasts.

On to the data:

• Last week, 74 new final regulations were published in the Federal Register. There were 52 new final rules the previous week.
• That’s the equivalent of a new regulation every two hours and 16 minutes.
• So far in 2014, 2,944 final regulations have been published in the Federal Register. At that pace, there will be a total of 3,573 new regulations this year.
• Last week, 1,251 new pages were added to the Federal Register.
• Currently at 63,779 pages, the 2014 Federal Register is on pace for 77,402 pages. This would be the 6^th-largest page count since the Federal Register began publication in 1936.
• Rules are called “economically significant” if they have costs of $100 million or more in a given year. 34 such rules have been published so far this year, none in the past week.
• The total estimated compliance costs of 2014’s economically significant regulations currently ranges from $7.62 billion to $10.87 billion. They also affect several billion dollars of government spending.
• 242 final rules meeting the broader definition of “significant” have been published so far this year.
• So far in 2014, 552 new rules affect small businesses; 80 of them are classified as significant.

Highlights from selected final rules published last week:

• Revised onion grading standards, but not for Bermuda-Granex-Grano (BGG) and Creole Type onions.
• The FCC removed its local blackout requirements for television broadcasts of lightly-attended sports games. The NFL, however, is still free to black games out; the FCC will simply no longer back it up.
• Express Mail® shall henceforth be known as Priority Mail Express®
• The Federal Election Commission is revising its restrictions on political speech.
• The EPA issued a correction on its mandatory greenhouse gas reporting requirements.
• 18 new EPA regulations, all in all. See them all here.
• The Dakota skipper, a kind of butterfly, is now a threatened species. The Poweshiek skipperling, another butterfly, is now an endangered species.

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

The federal government took Monday off for Columbus Day, but still managed to pack more than 50 new regulations into a short week.

On to the data:

• Last week, 52 new final regulations were published in the Federal Register. There were 62 new final rules the previous week.
• That’s the equivalent of a new regulation every three hours and 14 minutes.
• So far in 2014, 2,870 final regulations have been published in the Federal Register. At that pace, there will be a total of 3,570 new regulations this year. This would be the lowest total in decades; this will likely change as the year goes on.
• Last week, 990 new pages were added to the Federal Register.
• Currently at 62,528 pages, the 2014 Federal Register is on pace for 77,772 pages. This would be the 6^th-largest page count since the Federal Register began publication in 1936.
• Rules are called “economically significant” if they have costs of $100 million or more in a given year. 34 such rules have been published so far this year, one in the past week.
• The total estimated compliance costs of 2014’s economically significant regulations currently ranges from $7.62 billion to $10.87 billion. They also affect several billion dollars of government spending.
• 237 final rules meeting the broader definition of “significant” have been published so far this year.
• So far in 2014, 546 new rules affect small businesses; 80 of them are classified as significant.

Highlights from selected final rules published last week:

• No Man’s Land Island, Massachusetts is no longer a restricted area, according to the FAA.
• The EPA is liberalizing its sulfur handling regulations for the state of Florida.
• The United States Postal Service has a legal monopoly on first class mail service. A new rule ”prohibits the Postal Service from taking certain actions that might provide it with unfair competitive advantages.” But the rule leaves most the obvious unfair advantage—monopoly—intact.
• New certifications for green federal buildings.
• The Coast Guard updated its policies for fireworks at Pittsburgh Steeler games.
• In light of the Supreme Court’s McCutcheon v. FEC decision, the Federal Election Commission is removing its aggregate campaign contribution limit for donors to federal candidates.

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