I guess they’re remark is about the process, not about the rule change itself. (FTA) “the U.S. Court of Appeals for the Eighth Circuit said this week that the FTC made a procedural error by failing to come up with a preliminary regulatory analysis, which is required for rules whose annual impact on the U.S. economy is more than $100 million.”

So, basically, for largish changes, the rules say you have to do some/lots of (I wouldn’t know which) extra work to check that a change will have the intended effect.