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Under Trump, Federal Register pages devoted to proposed rules in 2017 were 10,892, half the level of Obama’s concluding years, and the lowest since 1981. These peaked at 23,193 in 2011, and Obama’s final page count of proposed rules was 21,457 in 2016. Relevant to the discussion about controlling future regulatory costs are pages of proposed rules, those under production in the regulatory pipeline. While there are more relevant measures than pages to account for actual burdens, for page counts to drop so steeply between administrations is significant. Trump’s 2017 count, by contrast, was the lowest seen since 1995. Obama’s high was a record that shattered 2013’s then-peak of 26,417 by 46.3 percent. Nonetheless, two things stand out in Figure 10: (a) the jump from 2015 to 2016 under Obama, when the number of pages devoted to final rules jumped by 56 percent, from 24,694 to 38,652 and (b) the drop of 51 percent from there to 18,727 pages of rules under Trump in 2017. The final rule page count of 2018 stood at 18,182, the lowest count since 1992 the tally for 2019 rose to 20,986. Isolating the pages devoted to final rules might be more informative than gross page counts, because it omits pages devoted to proposed rules, agency notices, corrections, and presidential documents (although those categories can have regulatory effects, too). (For a history of Federal Register page totals since 1936, see Appendix: Historical Tables, Part A.)įederal Register Pages Devoted to Final Rules Of the 10 all-time high Federal Register page counts, seven occurred during the Obama administration. In 2018, the Federal Register reached 67,225 pages, a 10 percent increase over Trump’s first year.429 The new 2019 count of 70,938 is 16 percent above Trump’s first year.430Īs Figure 9 also captures, 20 had been the prior all-time record years, at 81,405 and 81,247, respectively. The 2017 count also contains three weeks of Obama administration output, however, and by the time Trump was inaugurated on January 20, 2017, the Obama administration had already added 7,630 pages to the Federal Register, making Trump’s “net” page count 53,678.428 The last time annual page count had been that low was in 1993, at 61,166 pages under President Bill Clinton. The first calendar year of the Trump administration finished with 61,308 pages in the Federal Register (see Figure 9). Preliminary data available at the time of publication will be updated in the next edition of Ten Thousand Commandments.įederal Register Pages up 16 Percent between Trump Years One and Three Shortcomings notwithstanding, it is worthwhile to track the Federal Register’s page counts. While the Register has always been treated as a document cataloging regulations, it recently has chronicled their reduction, although a look at the daily Federal Register may not give that impression. Reducing regulations could make the Federal Register grow rather than shrink. Moreover, a rule that some see as deregulatory, others may see as regulatory. In terms of Trump’s one-in, two-out agenda, one cannot easily look at the Federal Register and get a sense of what rules are being cut. In previous decades, blank pages numbered into the thousands owing to the Government Publishing Office’s imperfect estimation of the number of pages that agencies would require. Blank pages, skips, and corrections also affect page counts. They all contribute bulk and bear some relation to the flow of regulation, but they are not strictly regulations. The Federal Register also contains many administrative notices, corrections, rules relating to the governance of federal programs and budgets, presidential statements, and other material. A short rule may be costly and a lengthy one may be relatively cheap. The Federal Register is the daily repository of all proposed and final federal rules and regulations.427 Although its number of pages is often cited as a measure of regulation’s scope, there are problems with relying on page counts.
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