Category Archives: regulation

In a four-day week, the economy got mixed news on employment and inflation, a dubious new antitrust bill was announced, and William Shatner flew into space. Meanwhile, agencies issued new rules ranging from timber telecom products to tomato committees.

On to the data:

• Agencies issued 30 final regulations last week, after 77 the previous week.
• That is the equivalent of a new regulation every five hours and 36 minutes.
• With 2,576 final regulations so far in 2021, agencies are on pace to issue 3,269 final regulations this year. 2020’s total was 3,218 final regulations.
• Agencies issued 27 proposed regulations in the Federal Register last week, after 37 the previous week.
• With 1,646 proposed regulations so far in 2021, agencies are on pace to issue 2,088 proposed regulations this year. 2020’s total was 2,222 proposed regulations.
• Agencies published 379 notices last week, after 500 notices the previous week.
• With 17,155 notices so far in 2021, agencies are on pace to issue 22,251 notices this year. 2020’s total was 22,480.
• Last week, 859 new pages were added to the Federal Register, after 2,057 pages the previous week.
• The average Federal Register issue this year contains 292 pages.
• With 57,524 pages so far, the 2021 Federal Register is on pace for 73,000 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 335 final rules meeting the broader definition of “significant” in 2021, with six in the last week. This is on pace for 431 significant rules in 2021. 2020’s total was 79 significant final rules.
• In 2021, 703 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:

• Timber product specifications for us in rural telecommunications projects.
• Allowing larger-capacity physical media in patent applications.
• Yolo-Solano air quality.
• Parole for federal prisoners.
• Educational assistance for former military personnel.
• Energy conservation tests for refrigerators.
• Surveys of local wages.
• Membership changes for the Florida Tomato Committee.

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

Katherine Tai, the new U.S. Trade Representative, gave a major speech affirming President Biden’s commitment to former President Trump’s trade protectionism. Facebook’s website went down for more than five hours, prompting policy wonks from both parties to engage in a mass display of confirmation bias. Meanwhile, agencies issued new rules ranging from the integrity of horse racing to heraldic items.

On to the data:

• Agencies issued 77 final regulations last week, after 93 the previous week.
• That’s the equivalent of a new regulation every two hours and 11 minutes.
• With 2,546 final regulations so far in 2021, agencies are on pace to issue 3,298 final regulations this year. 2020’s total was 3,218 final regulations.
• Agencies issued 37 proposed regulations in the Federal Register last week, after 39 the previous week.
• With 1,619 proposed regulations so far in 2021, agencies are on pace to issue 2,097 proposed regulations this year. 2020’s total was 2,222 proposed regulations.
• Agencies published 500 notices last week, after 502 notices the previous week.
• With 17,155 notices so far in 2021, agencies are on pace to issue 22,148 notices this year. 2020’s total was 22,480.
• Last week, 2,057 new pages were added to the Federal Register, after 1,401 pages the previous week.
• The average Federal Register issue this year contains 294 pages.
• With 56,664 pages so far, the 2021 Federal Register is on pace for 73,399 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, 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 $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 333 final rules meeting the broader definition of “significant” in 2021, with six in the last week. That is on pace for 431 significant rules in 2021. 2020’s total was 79 significant final rules.
• In 2021, 695 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:

• Changes to visa paperwork.
• Notification of nonpayment of rent—from the Department of Housing and Urban Development, not the Centers for Disease Control.
• Federal rules for state driver’s licenses.
• Longline fishery entry in American Samoa.
• Surprise billing, Part II.
• Deuterium exports.
• Concrete masonry research, education, and promotion.
• Protecting against national security threats with Federal Communications Commission programs.
• Record keeping requirements for tobacco products that are not yet on the market.
• Horse racing integrity.
• A new classifying system for medical devices.
• King mackerel.
• Phasing down hydrofluorocarbons.
• Rural microentrepreneur assistance.
• Heraldic items.
• Travel and conference planning for federal employees.
• Minerals management.
• Reclassification of surgical staplers.
• Energy conservation standards for clothes dryers.

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

Congress averted a government shutdown and continued to negotiate over nearly $5 trillion in combined spending. Merck announced an antiviral pill for COVID-19 that could reduce the risk of hospitalization or death in half, which could potentially free up hospital beds if the FDA allows it to market. Meanwhile, agencies issued new rules ranging from perishable mail to heaters.

On to the data:

• Agencies issued 93 final regulations last week, after 59 the previous week.
• That’s the equivalent of a new regulation every two hours and 51 minutes.
• With 2,469 final regulations so far in 2021, agencies are on pace to issue 3,283 final regulations this year. 2020’s total was 3,218 final regulations.
• Agencies issued 39 proposed regulations in the Federal Register last week, after 39 the previous week.
• With 1,582 proposed regulations so far in 2021, agencies are on pace to issue 2,102 proposed regulations this year. 2020’s total was 2,021 proposed regulations.
• Agencies published 502 notices last week, after 492 notices the previous week.
• With 16,655 notices so far in 2021, agencies are on pace to issue 22,148 notices this year. 2020’s total was 22,480.
• Last week, 1,401 new pages were added to the Federal Register, after 1,113 pages the previous week.
• The average Federal Register issue this year contains 290 pages.
• With 54,585 pages so far, the 2021 Federal Register is on pace for 72,586 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 10 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 $1.42 billion to $4.81 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 318 final rules meeting the broader definition of “significant” in 2021, with six in the last week. This is on pace for 516 significant rules in 2021. 2020’s total was 79 significant final rules.
• In 2021, 679 new rules affect small businesses; 83 are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

• The Department of Education is making its guidance documents less transparent to the public.
• Croatian visa waivers.
• Flugzeugbau gliders.
• Arms trafficking to Cyprus.
• Particulate matter emissions from heaters.
• Antarctic animal and plant conservation.
• And a correction for the same rule, issued the next day.
• A six-month moratorium on California walnut inspections.
• Safety standards for gates.
• Personal radio services.
• Rules for swimming with Hawaiian spinner dolphins.
• Perishable mail.
• Affordable Care Act implementation.
• The Osage Mineral Council.
• Canada-specific hazardous waste import-export recovery and disposal operations.
• Flame retardant information reporting.
• A 2020 Executive Order on emergency medications is being rescinded.

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

CEI held its Julian Simon Award dinner, honoring the development economist William Easterly. We also paid remembrance to 2020’s winner, the late, great Steve Horwitz. Congress returned from recess and there is drama surrounding the debt limit and the proposed $3.5 trillion spending bill. Meanwhile, agencies issued new rules ranging from imported animal drugs to cotton.

On to the data:

• Agencies issued 59 final regulations last week, for the third straight week. Though not a meaningful coincidence, I do not believe this has happened before since I began tracking these numbers.
• That’s the equivalent of a new regulation every two hours and 51 minutes.
• With 2,376 final regulations so far in 2021, agencies are on pace to issue 3,246 final regulations this year. 2020’s total was 3,218 final regulations.
• Agencies issued 39 proposed regulations in the Federal Register last week, after 46 the previous week.
• With 1,543 proposed regulations so far in 2021, agencies are on pace to issue 2,108 proposed regulations this year. 2020’s total was 2,021 proposed regulations.
• Agencies published 492 notices last week, after 458 notices the previous week.
• With 16,153 notices so far in 2021, agencies are on pace to issue 22,067 notices this year. 2020’s total was 22,480.
• Last week, 1,113 new pages were added to the Federal Register, after 1,231 pages the previous week.
• The average Federal Register issue this year contains 291 pages.
• With 53,182 pages so far, the 2021 Federal Register is on pace for 72,656 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 10 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 $1.42 billion to $4.81 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 307 final rules meeting the broader definition of “significant” in 2021, with six in the last week. This is on pace for 502 significant rules in 2021. 2020’s total was 79 significant final rules.
• In 2021, 656 new rules affect small businesses; 82 are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

• Standards of conduct for signing up to the federal Cotton Research and Promotion Program.
• Fees for accessing data from the National Oceanic and Atmospheric Administration.
• Tolerances for imported animal drugs.
• A regulation on joint employer status has been delayed.
• Opioid antagonists.
• The Federal Communications Commission (FCC) is considering loosening some import restrictions for communications equipment.
• Orbital debris.
• The FCC is collecting information about potentially streamlining satellite regulations.
• Sea scallop access areas.
• Antidumping enforcement.
• Viticultural boundaries.
• Administrative procedures for administrative appeals to the Department of Education.
• Testing heavy-duty engines.
• Robocalls.
• Extended temporary travel restrictions against Mexico and Canada.
• Pension benefits for the spouses of deceased separated federal employees.
• The Voluntary Trichinae Certification Program.
• Inflation adjustments for Small Business Administration penalties.
• Section 232 investigations. This is the provision of the Trade Expansion Act the Trump administration used to enact steel and aluminum tariffs without congressional authorization.
• Tipping regulations are being partially withdrawn.
• Job title change at the Veterans Affairs Department: The title of “Director, Loan Guaranty Service” is now “Executive Director, Loan Guaranty Service.”

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

Inflation remains high at over 5 percent, California’s governor will finish out his term after a recall attempt failed, and culture warriors got outraged at each other over a gala in New York. Meanwhile, agencies issued new rules ranging from tobacco advertising to job titles.

On to the data:

• Agencies issued 59 final regulations last week, after 59 the previous week.
• That’s the equivalent of a new regulation every two hours and 51 minutes.
• With 2,309 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 46 proposed regulations in the Federal Register last week, after 29 the previous week.
• With 1,512 proposed regulations so far in 2021, agencies are on pace to issue 2,124 proposed regulations this year. 2020’s total was 2,021 proposed regulations.
• Agencies published 458 notices last week, after 354 notices the previous week.
• With 15,661 notices so far in 2021, agencies are on pace to issue 21,996 notices this year. 2020’s total was 22,480.
• Last week, 1,231 new pages were added to the Federal Register, after 931 pages the previous week.
• The average Federal Register issue this year contains 293 pages.
• With 52,069 pages so far, the 2021 Federal Register is on pace for 73,131 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 10 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 $1.42 billion to $4.81 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 301 final rules meeting the broader definition of “significant” in 2021, with three in the last week. This is on pace for 423 significant rules in 2021. 2020’s total was 79 significant final rules.
• In 2021, 643 new rules affect small businesses; 80 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 new lending review regulation from the Small Business Administration is economically significant, meaning it costs at least $100 million per year. But the agency provided no cost estimates beyond that, citing emergency powers.
• Asylum interpreters.
• A rick-based pricing rule from the Federal Trade Commission.
• Address discrepancies on consumer reports.
• The Space Force is now exempt from certain Drug Enforcement Administration regulations.
• Affiliate marketing.
• Paroling federal prisoners.
• Job titles at the Veterans Affairs Department.
• Promoting concrete masonry projects.
• Email policies for the State Department’s Exchange Visitor Program.
• Spinach protein tolerance in citrus plants.
• Closed captioned videos.
• Energy conservation tests for distribution transformers.
• Handling regulations for Irish potatoes.

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

The 2021 Federal Register surpassed 50,000 pages in a short Labor Day week. Fresh off a trillion-dollar infrastructure bill, Congress began work on a $3.5 trillion reconciliation bill, which will in turn be followed by a roughly $6 trillion budget bill. Meanwhile, agencies issued new rules ranging from floating cabins to shipping human blood.

On to the data:

• Agencies issued 59 final regulations last week, after 72 the previous week.
• That’s the equivalent of a new regulation every two hours and 51 minutes.
• With 2,250 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 39 the previous week.
• With 1,466 proposed regulations so far in 2021, agencies are on pace to issue 2,118 proposed regulations this year. 2020’s total was 2,021 proposed regulations.
• Agencies published 354 notices last week, after 467 notices the previous week.
• With 15,203 notices so far in 2021, agencies are on pace to issue 21,970 notices this year. 2020’s total was 22,480.
• Last week, 931 new pages were added to the Federal Register, after 1,604 pages the previous week.
• The average Federal Register issue this year contains 294 pages.
• With 50,833 pages so far, the 2021 Federal Register is on pace for 73,461 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 nine 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 $1.42 billion to $4.81 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 293 final rules meeting the broader definition of “significant” in 2021, with two in the last week. This is on pace for 423 significant rules in 2021. 2020’s total was 79 significant final rules.
• In 2021, 622 new rules affect small businesses. 78 are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

• The EPA published its National Priorities List.
• Preventing significant deterioration of Illinois air quality.
• Underground petroleum storage in Tennessee.
• The Indian Business Indicators Program.
• The slenderclaw crayfish is now a endangered species, and is receiving critical habitat.
• In light of Hurricane Ida, revised reporting requirements for affected commercial fishers in the Gulf Coast region.
• Restrictions on shipping human blood.
• Trusted traveler records.
• Use of NASA airfields by non-NASA aircraft.
• Floating cabins.

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

The United States officially ended its military occupation of Afghanistan. Hurricane Ida killed at least 40 people in the Northeastern U.S., while in the New Orleans area it caused six deaths and massive flooding and knocked out power to more than a million people. Meanwhile, agencies issued new rules ranging from regional haze to dairy donations.

On to the data:

• Agencies issued 72 final regulations last week, after 52 the previous week.
• That’s the equivalent of a new regulation every two hours and 20 minutes.
• With 2,190 final regulations so far in 2021, agencies are on pace to issue 3,241 final regulations this year. 2020’s total was 3,218 final regulations.
• Agencies issued 39 proposed regulations in the Federal Register last week, after 52 the previous week.
• With 1,437 proposed regulations so far in 2021, agencies are on pace to issue 2,127 proposed regulations this year. 2020’s total was 2,021 proposed regulations.
• Agencies published 467 notices last week, after 495 notices the previous week.
• With 14,849 notices so far in 2021, agencies are on pace to issue 21,966 notices this year. 2020’s total was 22,480.
• Last week, 1,604 new pages were added to the Federal Register, after 1,342 pages the previous week.
• The average Federal Register issue this year contains 295 pages.
• With 49,902 pages so far, the 2021 Federal Register is on pace for 78,399 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 nine 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$1.42 billion to $4.81 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 291 final rules meeting the broader definition of “significant” in 2021, with seven in the last week. This is on pace for 430 significant rules in 2021. 2020’s total was 79 significant final rules.
• In 2021, 592 new rules affect small businesses. 78 are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

• Hunting seasons for migratory birds.
• The STIR/SHAKEN Governance Authority.
• Specialty tires.
• Fees for weighing things.
• Digital broadcast satellite service applications.
• Bartram’s stonecrop, a type of succulent plant, is now a threatened species.
• Butterfly pea flower extract.
• Telemarketing sales rules fees.
• A new Dairy Donation Program.
• Vehicle theft prevention standards.
• Regional haze in the District of Columbia.

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

Congress seems to have reached a deal to combine the trillion-dollar infrastructure bill and the $3.5 trillion reconciliation bill. A $6 trillion budget bill remains on the agenda for later this year. The Supreme Court decided that the Centers for Disease Control and Prevention’s eviction moratorium exceeded its legal authority. And the Afghanistan evacuation turned violent with suicide bombing attacks on Kabul’s airport causing at least 170 deaths and 200 casualties. Meanwhile, agencies issued new rules ranging from duck stamps to bumble bees.

On to the data:

• Agencies issued 52 final regulations last week, after 58 the previous week.
• That’s the equivalent of a new regulation every three hours and 14 minutes.
• With 2,118 final regulations so far in 2021, agencies are on pace to issue 3,438 final regulations this year. 2020’s total was 3,218 final regulations.
• Agencies issued 52 proposed regulations in the Federal Register last week, after 28 the previous week.
• With 1,398 proposed regulations so far in 2021, agencies are on pace to issue 2,118 proposed regulations this year. 2020’s total was 2,021 proposed regulations.
• Agencies published 495 notices last week, after 426 notices the previous week.
• With 14,382 notices so far in 2021, agencies are on pace to issue 23,347 notices this year. 2020’s total was 22,480.
• Last week, 1,342 new pages were added to the Federal Register, after 1,328 pages the previous week.
• The average Federal Register issue this year contains 294 pages.
• With 48,294 pages so far, the 2021 Federal Register is on pace for 78,399 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 nine such rules so far in 2021, two 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$1.42 billion to $4.81 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 284 final rules meeting the broader definition of “significant” in 2021, with five in the last week. This is on pace for 461 significant rules in 2021. 2020’s total was 79 significant final rules.
• In 2021, 573 new rules affect small businesses. 76 are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

• Modified viticultural areas in California.
• A new viticultural area in Virginia.
• Government-furnished headstones.
• Flood insurance.
• Commercial aggregated large sharks.
• Franklin’s bumble bee is now an endangered species.
• Technical specifications for credit card agreements.
• Continued U.S.-Mexico and U.S.-Canada travel restrictions.
• COVID-19 assistance for military veterans.
• Federal Communications Commission programs for “protecting against national security threats to the communications supply chain.”
• Import assessments for cotton.
• The Securities and Exchange Commission is updating its Freedom of Information Act regulations.
• The Federal Energy Regulatory Commission is doing analytics.
• A duck stamp contest, perhaps inspired by the movie Fargo?
• Certification for conduction of inspection of vehicles.
• An economically significant regulation for coronavirus-related food assistance with estimated costs ranging from $251.8 million to “over $1 billion.”
• The Social Security Administration has eliminated a five-month waiting period for people with ALS.

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