Browse regulations

1982 temporary regulations governing Subchapter S corporation tax election procedures, including post-termination distribution treatment, conversion of prior elections, special rules for qualified oil corporations, and discretionary IRS authority to invalidate elections for missing additional information.

Entrenches needless compliance costs and bureaucratic complexity for small businesses while granting IRS arbitrary discretion to invalidate elections; these obsolete transition rules from 1982 provide no public benefit and exemplify the problem of incomprehensible, permanent 'temporary' regulations that persist for decades.

Regulation governs Five Civilized Tribes' attorney/technical specialist contracts, requiring multi-level Interior Department approvals and restricting federal fund usage to specific exceptions (e.g., when DOJ/Solicitor refuses representation). Establishes detailed application process and committee review.

Paternalistic regulation undermines tribal sovereignty through multi-layer federal approvals and restrictive funding rules that assume tribal incompetence. It creates bureaucratic delays, inflates compliance costs, and subjects tribal litigation decisions to federal control. Any fund misuse concerns warrant transparency requirements, not pre-approval regimes that infantilize sovereign governments. Unseen costs include strategic disadvantages from delayed representation and resources diverted from substantive legal matters. Delete to restore self-determination and align with limited government.

This regulation implements Executive Order 12372 to establish intergovernmental review processes for federal financial assistance and development programs. It creates mechanisms for state and local governments to coordinate with federal agencies, requires consultation periods for proposed federal actions, and establishes procedures for state process recommendations to be transmitted through single points of contact.

This regulation creates bureaucratic overhead without meaningful benefits - it adds layers of consultation and review processes that slow down federal programs while producing no substantive improvements in outcomes. The consultation requirements increase compliance costs for both federal agencies and state/local governments, and the multi-tiered review process creates delays that harm the very citizens these programs aim to serve. States already have representation through their congressional delegations and can coordinate with federal agencies through existing channels without this additional regulatory framework.

Prescribes Federal Highway Administration policies for uniform traffic control devices on all public streets and highways, establishing the Manual on Uniform Traffic Control Devices (MUTCD) as the national standard and requiring substantial conformance by states and other federal agencies.

Uniform traffic control devices prevent confusion and accidents by ensuring drivers encounter consistent signage and signals across state lines. The costs of a patchwork system where each state uses different standards would create dangerous uncertainty for interstate travel, increase accident rates, and impose significant compliance costs on manufacturers and businesses operating across multiple states.

These regulations implement the Government in the Sunshine Act for the African Development Foundation's Board of Directors, requiring all meetings to be open to public observation with specific exceptions, advance public notification (at least one week), Federal Register publication, recorded votes for closed sessions, and maintenance of transcripts/recordings of closed meetings.

The administrative burden—1-week notice requirements, Federal Register publication, recorded votes, General Counsel certifications, and transcript retention—diverts scarce resources from this small agency's core mission of African development. The public benefit from observing technical board deliberations of an obscure federal foundation is negligible; transparency could be achieved more efficiently through published minutes or annual reports without this procedural maze.

This FDA regulation classifies physical medicine devices (canes, crutches, orthoses, prosthetics, diagnostic equipment) into three risk-based categories with corresponding premarket requirements: Class I (general controls, often exempt), Class II (special controls/performance standards), and Class III (premarket approval). It establishes detailed technical, safety, and labeling requirements, with exemptions for certain low-risk devices from premarket notification and good manufacturing practices.

The regulation imposes massive compliance costs that stifle innovation, raise prices, and delay life-improving devices from reaching patients. It represents federal overreach into areas reserved to states under the Tenth Amendment. The knowledge problem makes centralized safety determination inherently flawed, while tort law, state regulation, and private certification would better balance safety and innovation without the heavy-handed federal burden. The revolving door between FDA and industry leads to regulatory capture that protects incumbents at the expense of competitors and consumers.

FDA regulation classifying gastroenterology-urology medical devices into Classes I, II, and III with varying premarket review requirements. Class I faces general controls, Class II requires special controls and premarket notification (510(k)), Class III requires full premarket approval (PMA) before commercial distribution. Establishes exemptions, technical performance standards, biocompatibility testing, labeling requirements, and grace periods for devices already on the market.

Imposes staggering compliance costs (>$2T annually) that stifle innovation, disproportionately harm small businesses, and raise barriers to entry. Creates regulatory capture risks and one-size-fits-all mandates that ignore specific contexts. The market, via liability law, reputation, and voluntary professional standards, can better ensure device safety without bureaucratic delays that harm patients by blocking access to beneficial treatments. Violates principles of federalism and free enterprise.

CBP regulation establishing procedures for importers and other interested parties to request written rulings on prospective Customs transactions, including tariff classification, valuation, and carrier issues, with binding effect on Customs personnel until modified or revoked.

Creates a bureaucratic system where importers must seek permission from federal officials before conducting legitimate business transactions. This pre-approval requirement violates free enterprise principles by forcing private parties to obtain government clearance for routine commercial activities. The system also enables regulatory capture through the ruling process and creates unnecessary compliance costs without clear public benefit.

Establishes an intergovernmental review process for TVA federal financial assistance and development programs, requiring consultation with state and local officials before implementation. Creates bureaucratic procedures for coordination between federal, state, and local governments.

Creates unnecessary bureaucratic overhead that delays TVA projects without providing meaningful benefits. The consultation requirements add compliance costs and regulatory complexity while states already have their own review processes. Eliminates an extra layer of government that doesn't improve outcomes but does increase costs.

This regulation establishes a framework for the Consumer Product Safety Commission to provide financial contributions to participants in standard-setting proceedings, covering eligibility criteria, cost reimbursement procedures, and administrative requirements.

This creates a costly bureaucratic subsidy system that distorts the standard-setting process by allowing government to pick which voices receive funding, potentially favoring certain interests over others while imposing administrative overhead on taxpayers.

CPSC regulation implementing CPSA Section 6(b), requiring advance notice to manufacturers before publicly disclosing information that identifies them, ensuring accuracy and fairness, with exceptions for emergencies, investigations, and when notice is impracticable.

Deletion would eliminate procedural due process, risking erroneous disclosures that harm legitimate businesses and undermine CPSC credibility, while also potentially causing the agency to become overly cautious and reduce safety warnings. The regulation achieves the necessary balance through a standardized framework that is hard to replicate via ad hoc decision-making.

Procedural rules governing oral presentations in CPSC rulemaking and investigatory proceedings, establishing informal, non-adversarial hearings with a presiding officer who manages time, relevance, and participant grouping to ensure efficient and orderly conduct.

Deleting this would create uncertainty in CPSC's public participation processes while providing negligible cost savings. The regulation codifies fair, efficient procedures that serve as a check on arbitrary decision-making and ensure consistent treatment of oral presentations across cases. Americans would be worse off with ad hoc, unpredictable hearings that could undermine public trust and participation.

Sets forth the process for members of the public to petition the Consumer Product Safety Commission to create, modify, or revoke product safety regulations, including filing requirements, jurisdictional routing, and decision criteria.

This procedural rule adds to regulatory complexity without preventing demonstrable harm. The CPSC could process petitions through informal guidance; the unseen cost is legitimizing centralized control and expanding the administrative state's footprint, contrary to liberty and limited government.

Federal regulation requiring care labels on textile wearing apparel and certain piece goods, specifying washing, drying, ironing, bleaching, and drycleaning instructions to inform consumers about proper care procedures and prevent deceptive practices.

This regulation imposes significant compliance costs on manufacturers and retailers for a problem that markets already solve through voluntary labeling and brand reputation. The $2+ trillion annual regulatory burden creates barriers for small businesses while large corporations can absorb these costs, distorting competition. Consumers can access care information through multiple channels without government mandates, and the unseen consequence is reduced product variety and higher prices as manufacturers avoid complex fabrics requiring detailed care instructions.

Regulation implements Executive Order 12372 and related statutes, establishing procedures for the Department of Commerce to consult with state and local governments on proposed federal financial assistance and direct federal development. It creates a state process for review, sets comment timelines (30-60 days), requires a single point of contact, and outlines how the Secretary must consider state recommendations.

Creates unnecessary bureaucratic procedures and delays without creating enforceable rights. Intergovernmental coordination can be achieved through agency guidance rather than binding regulations, reducing administrative overhead and expediting programs. It treats states as stakeholders in federal spending rather than respecting constitutional limits on federal power.