Inertia Wins!

The big news of the week was the guilty verdicts in the Derek Chauvin murder trial. Senate Republicans continued their longtime strategy of bargaining with themselves by proposing $568 billion in infrastructure spending. This would leave Democrats free to use the reconciliation process on the remaining $1.4 trillion or so from their spending proposal without worrying about sacrificing any of the GOP bill’s projects in negotiations. Meanwhile, agencies issued new rules ranging from parachutes to halibut sharing.

On to the data:

• Agencies issued 65 final regulations last week, after 22 the previous week.
• That is the equivalent of a new regulation every two hours and 35 minutes.
• With 970 final regulations so far in 2021, agencies are on pace to issue 3,142 final regulations this year. 2020’s total was 3,149 final regulations.
• Agencies issued 47 proposed regulations in the Federal Register last week, after 39 the previous week.
• With 687 proposed regulations so far in 2021, agencies are on pace to issue 2,231 proposed regulations this year. 2020’s total was 2,021 proposed regulations.
• Agencies published 507 notices last week, after 350 notices the previous week.
• With 6,752 notices so far in 2021, agencies are on pace to issue 21,922 notices this year. 2020’s total was 22,480.
• Last week, 1,664 new pages were added to the Federal Register, after 1,122 pages the previous week.
• The average Federal Register issue this year contains 285 pages.
• With 21,915 pages so far, the 2021 Federal Register is on pace for 71,153 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 two 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 net savings of $100.7 million to net costs of $362.5 million. 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 15 final rules meeting the broader definition of “significant” in 2020, with one in the last week. This is on pace for 48 significant rules in 2021. 2020’s total was 79 significant final rules.
• In 2021, 190 new rules affect small businesses. Four are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

• COVID-related debt collection.
• Airworthiness requirements for Uninsured United Parachute Technologies.
• Continuing travel restrictions for ferries going to and from Mexico and Canada.
• Emergency waivers for midshipmen’s academic requirements.
• 5G-related spending in rural areas.
• Next Generation broadcast television.
• Project review fees for fracking projects.
• The Social Security Administration and USAID are making their guidance documents less transparent.
• Blessing of the Fleet in Tiburon, CA.
• Halibut sharing.
• 298,845 acres of critical habitat for a population segment of yellow-billed cuckoos.
• 59,411 square nautical miles of critical habitat for population segments of humpback whales.
• Exposure to radio frequency electromagnetic fields.
• Standards of conduct for applying to the Cotton Research and Promotion Program.
• Medical device classification.
• Samidorphan, a type of opioid antagonist, is no longer a controlled substance.
• A correction to the tax treatment of commuting expenses.
• Fire detection system enforcement.
• Alien physicians.
• Mailing e-cigarettes.

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

Congress played a round of good idea-bad idea last week. Rep. Bob Good (R-VA) introduced a bill for a regulatory budget, similar to the spending budget Congress is supposed to authorize each year, while Sen. Josh Hawley (R-MO) introduced antitrust legislation to overturn the notion of innocent until proven guilty for companies he doesn’t like. The 2021 Federal Register surpassed 20,000 pages, and is on pace for just more than 70,000 pages. Meanwhile, agencies issued new rules ranging from helicopters to bankruptcy.

On to the data:

• Agencies issued 22 final regulations last week, after 52 the previous week.
• That is the equivalent of a new regulation every seven hours and 38 minutes.
• With 905 final regulations so far in 2021, agencies are on pace to issue 3,142 final regulations this year. 2020’s total was 3,327 final regulations.
• Agencies issued 39 proposed regulations in the Federal Register last week, after 29 the previous week.
• With 640 proposed regulations so far in 2021, agencies are on pace to issue 2,222 proposed regulations this year. 2020’s total was 2,021 proposed regulations.
• Agencies published 350 notices last week, after 309 notices the previous week.
• With 6,245 notices so far in 2021, agencies are on pace to issue 21,684 notices this year. 2020’s total was 22,480.
• Last week, 1,122 new pages were added to the Federal Register in a three-day week, after 1,205 pages the previous week.
• The average Federal Register issue this year contains 281 pages.
• With 20,248 pages so far, the 2021 Federal Register is on pace for 70,306 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 two such rules so far in 2021, none from 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 net savings of $100.7 million to net costs of $362.5 million. 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 14 final rules meeting the broader definition of “significant” in 2020, with one in the past week. This is on pace for 49 significant rules in 2021. 2020’s total was 79 significant final rules.
• In 2021, 173 new rules affect small businesses. Four 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 implementation rules for the United States-Mexico-Canada trade agreement.
• The Interior Department is making its guidance document policies less transparent to the public.
• So is the Council on Environmental Quality, which is not exactly a bastion of transparency to begin with.
• Sikorsky helicopters.
• Bankruptcy regulations.
• COVID-19 telehealth regulations from the Federal Communications Commission.

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

Treasury Secretary Janet Yellen floated the idea of a global minimum corporate tax and Amazon workers in Alabama voted against unionizing. The Biden administration on Friday released a $1.52 trillion spending proposal, separate from the $2 trillion infrastructure bill that is still under construction. Meanwhile, agencies issued new rules ranging from subsistence fishing to robocalls.

On to the data:

• Agencies issued 52 final regulations last week, after 48 the previous week.
• That’s the equivalent of a new regulation every three hours and 14 minutes.
• With 876 final regulations so far in 2021, agencies are on pace to issue 3,269 final regulations this year. 2020’s total was 3,327 final regulations.
• Agencies issued 29 proposed regulations in the Federal Register last week, after 62 the previous week.
• With 591 proposed regulations so far in 2021, agencies are on pace to issue 2,205 proposed regulations this year. 2020’s total was 2,021 proposed regulations.
• Agencies published 309 notices last week, after 422 notices the previous week.
• With 5,738 notices so far in 2021, agencies are on pace to issue 21,657 notices this year. 2020’s total was 22,480.
• Last week, 1,205 new pages were added to the Federal Register in a three-day week, after 984 pages the previous week.
• The average Federal Register issue this year contains 282 pages.
• With 18,881 pages so far, the 2021 Federal Register is on pace for 70,451 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 two 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 net savings of $100.7 million to net costs of $362.5 million. 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 14 final rules meeting the broader definition of “significant” in 2020, with one in the last week. This is on pace for 52 significant rules in 2021. 2020’s total was 79 significant final rules.
• In 2021, 163 new rules affect small businesses. Four are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

• Supervisory guidance from the Federal Reserve.
• Securitization safe harbor.
• Implementation rules for the USMCA trade agreement.
• The yellow lance, a freshwater mussel species, is receiving 319 river miles of critical habitat.
• 368 stream miles of critical habitat for the candy darter, a fish species in Virginia and West Virginia that typically grows to three inches in size.
• The Consumer Financial Protection Bureau (CFPB) is rescinding some of its mortgage reporting requirements.
• And some land sales.
• And some accounting rules under the Fair Credit Reporting Act.
• And three more CFPB rules, here, here, and here.
• Employment and training opportunities in the SNAP program.
• Corrections to Burma sanctions.
• Upholstered furniture flammability.
• The Postal Service’s Competitive Product List.
• Promoting telehealth for low-income patients.
• Subsistence fishing.
• Robocalls.

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

Washington’s attention flitted back and forth between beginning work on a multi-trillion-dollar infrastructure bill and a brewing sex scandal allegedly involving Rep. Matt Gaetz and a 17-year-old girl. Meanwhile, agencies issued new rules ranging from shrimp trawlers to the Community Forest Program.

On to the data:

• Agencies issued 48 final regulations last week, after 49 the previous week.
• That’s the equivalent of a new regulation every three hours and 30 minutes.
• With 808 final regulations so far in 2021, agencies are on pace to issue 3,258 final regulations this year. 2020’s total was 3,327 final regulations.
• Agencies issued 62 proposed regulations in the Federal Register last week, after 50 the previous week.
• With 553 proposed regulations so far in 2021, agencies are on pace to issue 2,230 proposed regulations this year. 2020’s total was 2,021 proposed regulations.
• Agencies published 422 notices last week, after 328 notices the previous week.
• With 5,429 notices so far in 2021, agencies are on pace to issue 21,891 notices this year. 2020’s total was 22,480.
• Last week, 984 new pages were added to the Federal Register in a three-day week, after 883 pages the previous week.
• The average Federal Register issue this year contains 282 pages.
• With 17,492 pages so far, the 2021 Federal Register is on pace for 70,532 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 two 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 net savings of $100.7 million to net costs of $362.5 million. 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 13 final rules meeting the broader definition of “significant” in 2020, with one in the last week. This is on pace for 52 significant rules in 2021. 2020’s total was 79 significant final rules.
• In 2021, 142 new rules affect small businesses. Three are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

• Aluminum import monitoring—another indication that Congress should repeal Section 232 of the Trade Expansion Act of 1962.
• The Food and Drug Administration issued new rules for electronic import entries.
• A correction to human drug registration.
• Animal drug applications.
• Medical devices.
• The Pension Benefit Guaranty Corporation is getting rid of its reducing the transparency of its guidance documents.
• Renewable fuel standard compliance.
• The Drug Enforcement Administration issued a correction to its listing of five types of fentanyl as Schedule I controlled substances.
• It also extended the temporary listing of five substances to the Schedule I controlled substances list.
• Shrimp trawling and sea turtle conservation.
• The Internal Revenue Service issued a rule involving carbon dioxide sequestration.
• Marketing Order No. 984 for walnuts.
• Fishery observer coverage during the pandemic.
• Energy conservation tests for room air conditioners.
• A new safety standard for high chairs.
• The Community Forest Program.

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