This week in ridiculous regulations: Nuclear casks and radiofrequency toothbrushes

It was a four-day week due to Labor Day. The unemployment rate declined from 4.3 percent to 4.2 percent. The Biden administration signaled it would likely block Nippon Steel’s acquisition of U.S. Steel. Donald Trump proposed an Elon Musk-headed government efficiency commission. Agencies issued new regulations ranging from dried yeast additives to EV charging stations.

 On to the data:

• Agencies issued 47 final regulations last week, after 68 the previous week.
• That’s the equivalent of a new regulation every three hours and 34 minutes.
• With 2,152 final regulations so far in 2024, agencies are on pace to issue 3,110 final regulations this year.
• For comparison, there were 3,018 new final regulations in 2023, 3,168 in 2022, and 3,257 in 2021.
• Agencies issued 32 proposed regulations in the Federal Register last week, after 30 the previous week.
• With 1,240 proposed regulations so far in 2024, agencies are on pace to issue 1,792 proposed regulations this year.
• For comparison, there were 2,102 proposed regulations in 2023, 2,044 in 2022, and 2,094 in 2021.
• Agencies published 458 notices last week, after 488 notices the previous week.
• With 16,320 notices so far in 2024, agencies are on pace to issue 23,584 notices this year.
• For comparison, there were 22,902 notices in 2023, 22,505 in 2022, and 20,018 in 2021.
• Last week, 1,804 new pages were added to the Federal Register, after 2,105 pages the previous week.
• The average Federal Register issue in 2024 contains 422 pages.
• With 72,956 pages so far, the 2024 Federal Register is on pace for 105,428 pages.
• For comparison, the 2023 Federal Register totals 90,402 pages, the 2022 Federal Register has 80,756 pages, and 2021’s is 74,352 pages. The all-time record adjusted page count (subtracting skips, jumps, and blank pages) is 96,994, set in 2016.
• Rules with $200 million or more of economic effects in at least one year qualify as major under Section 3(f)(1). This replaces the former economically significant tag for $100 million-plus regulations. There are 14 such rules so far in 2024, with none in the last week.
• This is on pace for 20 3(f)(1) regulations in 2024.
• For comparison, there were 28 3(f)(1) and/or economically significant regulations in 2023, 43 economically significant rules in 2022, and 26 in 2021. Note that these are not apples-to-apples comparisons, since 3(f)(1) and economically significant rules have different thresholds.
• The total estimated cost of 2024’s 3(f)(1) major regulations ranges from net savings of $17.58 billion to net savings of $22.18 billion, per the Office of Management and Budget’s Office of Information and Regulatory Affairs.
• For comparison, the cost tally for 2023’s 3(f)(1) major and economically significant regulations ranges from $62.60 billion to 90.48 billion. Cost estimates for 2022’s economically significant rules range $45.28 billion to $78.05 billion. In 2021, net costs ranged from $13.54 billion to $19.92 billion. The exact numbers depend on discount rates and other assumptions.
• There were two new final regulations meeting the broader definition of “significant” last week, after six the previous week.
• So far this year, there are 240 new regulations meeting the broader definition of “significant.” This is on pace for 354 significant regulations in 2024.
• For comparison, there were 290 such regulations in 2023, 255 in 2022, and 387 in 2021.
• So far in 2024, 515 new regulations affect small businesses, on pace for 744. Fifty-three of them are significant, on pace for 77.
• For comparison, in 2023 there were 789 regulations affecting small businesses, 79 of them significant. In 2022 there were 912 regulations affecting small businesses, 70 of them significant. 2021’s totals were 912 regulations affecting small businesses, 101 of them significant.

Highlights from last week’s new final regulations:

• Medical device classification for intervertebral body graft containment devices.
• Medical device classification for tongue muscle stimulator devices for treating sleep apnea.
• Medical device classification for external compression devices for internal jugular vein compression.
• Medical device classification of digital therapy devices for ADHD treatment.
• Medical device classification for hydrophilic re-coating solutions.
• Medical device classification for radiofrequency toothbrushes.
• Medical device classification for heparin and direct oral factor Xa inhibitor drug test systems.
• Medical device classification for adjunctive open loop fluid therapy recommenders.
• Medical device classification for hemodialyzers with expanded solute removal profile.
• Protecting marine archaeological resources.
• A new regulation for storage casks for spent nuclear fuel.
• Make that two.
• Animal feed dried yeast additives.
• The EPA’s National Priorities List.
• Russia and Belarus sanctions.
• Russia sanctions.
• More Russia sanctions.
• More Russia and Belarus sanctions.
• The EPA issued a correction to its greenhouse gas reporting rule.
• The CFTC is changing its administrative structure, removing superfluous verbiage, and correcting inaccurate text.
• Flounder quotas for Massachusetts.
• The Apache trout is no longer an endangered species.

And from last week’s proposed regulations:

• Guidance for subsidizing clean electricity companies.
• Visible air pollution in Texas.
• ADA regulations for EV charging stations.
• FEC requirements for exchanging email lists.
• A proposed nuclear fuel storage cask regulation.
• Make that two.
• IRS proposal for accepting debit and credit card payments with an in-house payment system.
• Reporting requirements for hazardous waste combustor emissions.
• Endangered species status and critical habitat for the West Virginia spring salamander.
• The EPA’s National Priorities List.
• Corrected Great Lakes pilotage rates.
• Electronic reporting requirements for migratory fish.
• Loans to similar farm entities.

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