Overnight Regulation: Agencies rush to publish rules before Trump | Uber reaches $20M settlement with FTC

Welcome to Overnight Regulation, your daily rundown of news from the federal agencies, Capitol Hill, the courts and beyond. It’s Thursday evening here in Washington where the final full day of the Obama administration is coming to a close. 

Here’s the latest. 

 

THE BIG STORIES

On the eve of Donald Trump’s inauguration on Friday, federal agencies are racing to publish midnight rules before the president-elect institutes a regulatory moratorium.

The Federal Register was overwhelmed Thursday with nearly 1,500 pages worth of rules from federal agencies. Miriam Kleiman, a spokesperson for the Federal Register, described it as “one of the largest ever” editions of the government’s rulebook.

“It certainly is a busy time for the Federal Register,” Kleiman told The Hill.

“There is a huge increase in the volume [of rules we receive] toward the end of an administration,” she added.

The rules are known as midnight regulations, and represent a final attempt by the Obama administration to leave a mark on Washington’s rulebooks before Trump takes over at the White House.

Trump has called for a freeze on all new regulations, and the president-elect and congressional Republicans are expected to try to roll back rules they disagree with.

That’s also created a deadline for agencies that want to complete work before Trump takes office, and many appear to be working overtime.

Susan Dudley, a former administrator for Office of Information and Regulatory Affairs who now heads George Washington University’s Regulatory Studies Center, estimates that on an average day, the Federal Register publishes 300 pages of proposed and final rules, public notices and documents.

On Thursday, the Federal Register published 1,464 pages of rules. That’s the second-highest total since the 2016 election, following the 1,465 pages published on Nov. 18. Another 1,017 pages of rules were published on Dec. 20.

In fact, there have been 13 days since the 2016 election in which the number of pages published in the Federal Register was more than double the average capacity from 2015.

On average, the Federal Register has been publishing about 550 pages of rules each day during that time period. While much of the work is on rules that may be non-controversial, a few rules are likely to come under scrutiny from Republicans.

Click here for the rest of the story.

 

Also on Thursday, Uber agreed to pay the Federal Trade Commission $20 million to settle charges it exaggerated how much its drivers can earn. The Hill’s Max Greenwood has the story:

The commission alleged that Uber claimed its drivers’ median annual income in New York City, for example, was upwards of $90,000. In San Francisco, meanwhile, the FTC said that Uber claimed it was more than $74,000. But less than 10 percent of drivers in those cities made that much, the commission said.

“Many consumers sign up to drive for Uber, but they shouldn’t be taken for a ride about their earnings potential or the cost of financing a car through Uber,” Jessica Rich, the head of the FTC’s consumer protection division, said in a statement. “This settlement will put millions of dollars back in Uber drivers’ pockets.”

Uber confirmed the settlement, saying that the company has “made many improvements to the driver experience.”

“We’re pleased to have reached an agreement with the FTC,” an Uber spokeswoman said in a statement. “We’ve made many improvements to the driver experience over the last year and will continue to focus on ensuring that Uber is the best option for anyone looking to earn money on their own schedule.”

Click here for more.

 

The Obama administration is pushing ahead with a new tobacco regulation in its final hours.

The Food and Drug Administration (FDA) is proposing a rule to require lower levels of a well-known carcinogen in chewing tobacco and other finished smokeless products that use cut, ground, powdered or leaf tobacco. 

Under the proposed rule, the average amount of N-nitrosonornicotine in a product batch can’t exceed 1.0 microgram per gram of tobacco before the product expires.

The rule would require all products to have an expiration date, and manufacturers would have to prove that the product’s level of N-nitrosonornicotine meets the new standard up to that date when kept at room temperature or in the refrigerator.

Industry is expected to spend anywhere from $17.91 million to $42.72 million a year over the next 20 years complying with the rule.

The FDA, meanwhile, expects the rule to generate anywhere from $228.6 million to $2.46 billion in benefits by preventing an estimated 12,700 new cases of oral cancer and approximately 2,200 oral cancer deaths.

Public comments will be accepted for 75 days after the proposed rule is published in the Federal Register, which is scheduled for Monday.

Click here for more.

 

TOMORROW’S REGS TODAY

Here’s a sneak peek at Friday’s edition of the Federal Register.

–The Department of the Treasury will issue new hard cider labeling requirements.

The Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau announced Thursday it is expanding the “definition of ‘hard cider'” to include more wines.

These products will be subject to new labeling requirements and the hard cider tax rate.

The temporary rule goes into effect immediately.

–The U.S. Department of Agriculture (USDA) will back down from issuing new catfish standards.

The USDA’s Agricultural Marketing Service announced last July it was considering new grading standards for catfish, but said Thursday the agency “will not proceed with the development” of the standards after receiving complaints.

The grading standards would have been voluntary.

The decision goes into effect immediately. 

–The Environmental Protection Agency (EPA) will issue rules for dentists.

Dentists will be required to “reduce discharges of mercury from dental offices into municipal sewage treatment plants,” the agency said Thursday.

The EPA estimates this could reduce discharge of more than 10,000 pounds of mercury each year.

The rule goes into effect in 30 days.

 

NEWS RIGHT NOW 

FDA moves to limit cancer-causing chemical in chewing tobacco

Obama issues final round of sentence commutations 

Federal regulators find no defect in Tesla Autopilot probe 

HHS rules aim to protect clinical trial participants 

Mnuchin weathers stormy Treasury confirmation hearing

What we learned from Rick Perry’s Energy confirmation hearing

Patent Office head to keep spot in Trump administration

Education Department drops fight over school Monday – NPR

 

TODAY’S REG COUNT

13: Proposed rules

21: Final rules

(Source: Federal Register)

 

QUOTE OF THE DAY

“It certainly is a busy time for the Federal Register,” said Miriam Kleiman, a spokeswoman for the government rulebook, as agencies rush to publish new rules before Donald Trump is sworn in.

 

We’ll work to stay on top of these and other stories throughout the week, so check The Hill’s Regulation page (http://digital-staging.thehill.com/regulation) early and often for the latest. And send any comments, complaints or regulatory news tips our way, tdevaney@digital-staging.thehill.com or lwheeler@digital-staging.thehill.com. And follow us at @timdevaney and @wheelerlydia.

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