This week in ridiculous regulations: Oxides of nitrogen and approaching of whales

Congress has adjourned until January, so the Republic is safe until then. The Fourteenth Amendment suddenly became a factor in the presidential race. Meanwhile, agencies issued new regulations ranging from drug trials to Indiana cold cleaner degreasing.

 On to the data:

• Agencies issued 78 final regulations last week, after 51 the previous five-day week.
• That’s the equivalent of a new regulation every three hours and 18 minutes.
• With 2,958 final regulations so far in 2023, agencies are on pace to issue 3,006 final regulations this year.
• For comparison, there were 3,168 new final regulations in 2022, and 3,257 new final regulations in 2021.
• Agencies issued 44 proposed regulations in the Federal Register last week, after 31 the previous week.
• With 2,068 proposed regulations so far in 2023, agencies are on pace to issue 2,102 proposed regulations this year.
• For comparison, there were 2,044 new proposed regulations in 2022, and 2,094 in 2021.
• Agencies published 495 notices last week, after 499 notices the previous week.
• With 22,521 notices so far in 2023, agencies are on pace to issue 22,889 notices this year.
• For comparison, there were 22,505 notices in 2022, and 20,018 in 2021.
• Last week, 1,481 new pages were added to the Federal Register, after 1,510 pages the previous week.
• The average Federal Register issue in 2023 contains 363 pages.
• With 88,813 pages so far, the 2023 Federal Register is on pace for 90,263 pages.
• For comparison, the 2022 Federal Register totals 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 are called “economically significant” if they have costs of $100 million or more in a given year. This recently changed to $200 million. There are 28 such rules so far in 2023, none in the last week.
• This is on pace for 29 economically significant regulations in 2023.
• For comparison, there were 43 economically significant rules in 2022, and 26 in 2021. The higher threshold will likely lower this year’s number.
• The total estimated cost of 2023’s economically significant regulations so far ranges from $90.48 billion to $62.60 billion, according to numbers self-reported by agencies.
• For comparison, the running cost tally for 2022’s economically significant rules ranges from net costs of $45.28 billion to $78.05 billion. In 2021, net costs ranged from $13.54 billion to $1992 billion. The exact numbers depend on discount rates and other assumptions.
• There were six regulations meeting the broader definition of “significant” last week, after eight the previous week.
• So far this year, there are 284 new regulations meeting the broader definition of “significant.” This is on pace for 289 significant regulations in 2023.
• For comparison, there were 255 such new regulations in 2022, and 387 in 2021.
• So far in 2023, 769 new regulations affect small businesses, on pace for 782. Seventy-six of them are significant, on pace for 77.
• For comparison, in 2022 there were 912 rules affecting small businesses, 70 of them significant. 2021’s totals were 912 rules affecting small businesses, 101 of them significant.

Highlights from last week’s new final regulations:

• Two new CFPB rules for mortgages.
• Sector name conforming amendment for Sault Sainte Marie.
• Consent for minimal-risk clinical drug trials.
• Oxides of nitrogen in San Diego.
• Modernized communications services for domestic abuse victims.
• How to approach humpback whales.
• Asset-size thresholds for the Community Reinvestment Act.
• Surface mobile equipment safety.
• Disaster relief for Native American families in areas covered by Presidentially Declared Disasters.
• Marine mammal casualties from Coast Guard activities in Alaska.
• Calcium formate in poultry and swine drinking water.
• National standards for traffic control devices.
• Burma sanctions.
• Syria sanctions.
• IRS rules for treating de minimis errors.
• Sustainable transportation regulations for certain federal employee travel.
• Price changes for international mail.
• Cold cleaner degreasing in Indiana.
• Greater amberjack emergency measures.
• Energy conservation standards for consumer furnaces.
• Project labor agreements to raise the cost of federal construction projects.
• Summer flounder quota transfers.
• Small entity compliance guide for federal acquisitions.

And from last week’s proposed regulations:

• Labor certification for permanent employment for foreign workers in the STEM fields.
• Delaware River water quality standards.
• Federal oversight of state-level transit safety.
• Threatened species status for the coal darter.
• Ten species that will not be added to the Endangered Species List.
• The definition of “employer” for purposes of multi-employer group health insurance plans.
• Vehicle inspection and maintenance in California.
• Endangered species status and critical habit for the West Virginia spring salamander.
• Quality control for the Supplemental Nutrition Assistance Program.
• New Energy Department rules under the Social Security Number Fraud Prevention Act.
• Extended comment period for new rubber tire manufacturing emission rules.
• Data requirements for commercial products used in major weapons systems.

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