At the end of every recent presidential administration involving a change in the party controlling the White House, the level of rulemaking activity by federal agencies tends to increase. On May 9, 2008, White House Chief of Staff Joshua B. Bolten issued a memorandum to the heads of executive departments and agencies stating that “regulations to be finalized in this Administration should be proposed no later than June 1, 2008, and final regulations should be issued no later than November 1, 2008.” Despite this directive, federal agencies appear to be issuing an increasing number of “midnight rules” at the end of the Bush Administration, including a number of rules attracting controversy.”