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  • The Death of RAWA: A Performance for an Audience of One

    October 7, 2015 1:29 PM

    RAWA (H.R. 707) is dying the slow death of bills that aren’t sexy enough to draw attention away from much sexier issues. With the House speakership up for grabs, a looming budget crisis (again), and presidential primaries heating up, folks on the Hill seem to care little about a long-shot proposal to ban Internet gambling. Perhaps this is why an event to discuss the measure—one which featured two former members of Congress and three respected political strategists—attracted just one attendee. That is, there was only one person in attendance 20 minutes into the hour-long event, after three other people (myself included), were asked to leave.

    The “Policy Forum” was hosted by The Keelen Group, one of the many lobbying firms hired by Sheldon Adelson to fight the legalization of Internet gambling. Slated to speak at the event was former Congressman Connie Mack, Capitol Counsel lobbyist Aaron Cohen, The Keelen Group’s president and founder Matt Keelen, and Darryl Nirenberg of Steptoe & Johnson, all of whom are registered to lobby for Adelson’s Las Vegas Sands Corp. Also listed as a speaker was former U.S. House Republican Conference Chairman J.C. Watts, who was hired by the Adelson-funded Coalition to Stop Internet Gambling in July.

    I heard about the event the morning of and I fully expected to be unwelcome, since I’ve been something of a thorn in their collective side for several years. However, after sending an email to the listed RSVP contact (from my CEI account), asking if I could attend, I was surprised to receive somewhat of an enthusiastic reply from a Keelen Group junior lobbyist saying that they’d “love” to have me. Pretty decent of them, I thought, to allow “the enemy” to hear out their arguments.

  • Agency Overload: Meet the Federal Bureaucracy One-Page Word Cloud

    October 6, 2015 4:04 PM

    There exist various counts of agencies in the federal bureaucracy, but no particular tally is regarded authoritative.

    The “Agency List” page maintained at probably owns the biggest claim to inclusiveness. Its count? A big 438 federal agencies as of now.  

    This is interesting for many reasons, one of which is that the tally of rules and regulations in the pipeline that I like to use each year in Ten Thousand Commandments in my survey of the Unified Agenda of regulations tops out at around 60.

    One of the things coming into more focus in recent months and years, as the current presidential administration’s “pen and phone” rose into prominence, is that there is more to agency and executive branch actions than just the standard “rule.”

  • Drone Policy Update: FAA Proposes $1.9m Fine, 3 More Bills Vetoed in California, and More

    October 6, 2015 2:01 PM

    FAA PROPOSES RECORD FINE FOR UNAUTHORIZED UAS OPERATIONS: On October 6, the Federal Aviation Administration (FAA) announced it was proposing a $1.9 million civil penalty against SkyPan International, a Chicago-based aerial photography company. FAA alleges that SkyPan conducted 65 unauthorized commercial UAS flights over Chicago and New York City between 2012 and 2014.

    Of these, 43 are alleged to have taken place in New York’s Class B airspace. Class B airspace is reserved for the areas around high-traffic airports, and is subject to the most onerous rules among all airspace classes. Basically, flying in Class B airspace without direct authorization from air traffic control is a big no-no.

    The SkyPan case is by far the largest civil penalty proposed by FAA for unauthorized commercial UAS flights, as has been reported. It is also the only civil penalty proposed so far for unauthorized commercial UAS operations. FAA previously proposed a modest $10,000 penalty for reckless operation in the famous Pirker case. FAA eventually settled with Pirker earlier this year for $1,100. Each violation can result in a civil penalty of up to $25,000 under 49 U.S.C. § 46301, but 65 times $25,000 does not add up to $1.9 million.

    FAA also notes that in all 65 cases, SkyPan operated without an airworthiness certificate or Certificate of Waiver or Authorization, so perhaps this explains the discrepancy. Further, as Brendan Shulman (who represented Pirker) has noted, FAA usually can only administratively assess civil penalties up to $50,000, with an enforcement action seeking anything greater needing to be filed in a federal district court (49 U.S.C. § 46301(d)(4)). It will be interesting to read the enforcement letter.

    3 MORE CALIFORNIA UAS BILLS VETOED: On October 3, California Gov. Jerry Brown vetoed three UAS bills, all from Sen. Ted Gaines. SB 168 would have explicitly outlawed UAS interfering with firefighting operations (scare story citation). SB 170 would have explicitly outlawed UAS flying over prisons and jails (scare story citation). SB 271 would have criminalized flying over public schools and taking pictures.

    These bills were all poor solutions in search of problems. But what makes Gov. Brown’s vetoes even stronger is his explanation, which should warm the hearts of opponents of overcriminalization and mass incarceration.

    Here is his full veto statement: “Each of these bills creates a new crime—usually by finding a novel way to characterize and criminalize conduct that is already proscribed. This multiplication and particularization of criminal behavior creates complexity without commensurate benefit. Over the last several decades, California's criminal code has grown to more than 5,000 separate provisions, covering almost every conceivable form of human misbehavior. During the same period, our jail and prison populations have exploded. Before we keep going down this road, I think we should pause and reflect on how our system of criminal justice could be made more human, more just and more cost-effective.”

    Gov. Brown has emerged as a leader on drone policy, rejecting the baseless fearmongering common among some legislators and members of the public. Earlier, Gov. Brown vetoed a deeply flawed bill that would have greatly restricted legitimate and safe UAS operations. Other governors would be wise to follow his lead.

  • Reasons for Global Warming Skepticism

    October 6, 2015 12:01 PM

    Democrats have developed a cottage industry in ridiculing and condemning Republicans as Luddites. How can any “reasonable” person deny that increased greenhouse gas concentrations in the atmosphere pose a global threat? Certainly dramatic shifts in average global temperatures will have dramatic consequences within a century for many nations?

    But, of course, few skeptics base their arguments on science alone. Critics oppose policies that would restrict current fossil fuel use on a global basis, noting the positive link between energy use and growth and the drastic consequences restricting supplies would pose, especially to already energy-starved regions of the world. Critics suggest a risk/risk approach to the climate change issue: consider the consequences of restricting fossil fuels today versus the consequences of continuing current energy use (with its attendant growth and innovation gains), while relying on those wealth and knowledge gains to make possible adaptations, if needed, at lower costs and pain.

    I outlined that approach long ago (see “The Role of Opportunity Costs in the Global Warming Debate” from the 1997 book Costs of Kyoto). Rational analysis always faces those three options: act now to minimize the threat, act now to reduce the impacts of the threat, and delay while knowledge and wealth increase. Note that most of us delay employment while we acquire greater life skills—do Democrats critique that choice for young people?

    Republicans, noting how past “crises” have been botched by a rush to act, rather than thinking, view the putative risks of climate change as but one of the many risks. The uncertainties of science, economics, and politics—all relevant if a rational, effective policy is to exist—should suggest to critics (some of them running for president), that rather than damaging our economy, as is happening in Germany and other European nations, we should aggressively seek to remove the regulatory and tax distortions that are slowing entrepreneurial growth.

  • No, Politicians Shouldn't Outlaw Driving to Usher in Self-Driving Cars

    October 5, 2015 2:16 PM

    Over at Fusion, Kevin Roose has what is perhaps the worst article on automated vehicles (AVs) I’ve ever seen. In it, he calls for a near-term phase-in of a blanket national driving ban—specifically, beginning it in 2017 and completing it in 2020. That’s quite an ambitious “phase-in,” given that the average age within the U.S. car and light-truck fleet is more than 11 years.

    This call to action isn’t based on facts about where the technology is today or what we can reasonably expect it to offer consumers over the next decade (or even that pesky thing called “the law”); rather, it assumes that fully automated, self-driving highway vehicles are essentially already here while providing no evidence that they’re near the deployment stage. That’s because they’re not.

    To be clear, automation is already here. But automation is a spectrum, with technologies such as adaptive cruise control on one end and autonomous taxis on the other. Here’s how the National Highway Traffic Safety Administration currently defines the various levels of automation:

    And here’s how SAE defines them:

    Note that these levels are not without criticism, but they’ll be useful in keeping our definitions straight. In his piece, Roose is referring solely to NHTSA Level 4 and SAE Level 5 vehicles. This is well beyond the NHTSA and SAE Level 1 vehicles you can purchase right now with features such as adaptive cruise control. So, when do people who spend their careers working on this technology and related issues believe that NHTSA Level 4/SAE Level 5 vehicles will be available to consumers?

  • Warren Bullies Not Just Litan But Consumers

    October 5, 2015 11:31 AM

    Elizabeth Warren “drew blood,” writes Washington Post reporter Tom Hamburger. “Elizabeth Warren Claims Another Scalp,” reads the headline of an excellent piece by John Fund at National Review Online.

    The “blood” and “scalp” are those of Robert Litan, distinguished center-left economist and former high-level official of the Clinton administration Justice Department and Office of Management and Budget, who until recently was non-resident senior fellow at the liberal Brookings Institution. Litan, a friend of mine with whom I have engaged in conversations and civil disagreements, committed the “sin” in Warren’s eyes of going against the gospel of never-ending regulation. He and coauthor Hal Singer, an economist and senior fellow at the Progressive Policy Institute, authored a report that questions whether the costs exceed the benefits of the Department of Labor’s proposed “fiduciary rule” for IRAs, a regulation that I and others have called “Obamacare for Your IRA.”

    Even though Litan disclosed on the front page of the paper and prominently in his testimony before Congress that the study was funded by the Capital Group, a provider of investment management services, Warren complained to Brookings that Litan wasn’t specific enough in his disclosures. Never mind that that, as Fund points out, “it was Senate candidate Elizabeth Warren who, in 2012, played hide-and-seek with reporters for months when they asked for the names of her corporate legal clients.” Brookings, home to many former Democratic officeholders, caved and, according to press accounts, sought Litan’s resignation and received it.

    Yet it’s not just Litan’s scalp that Warren and her allies are really going for. They want the scalps of the vast majority of American consumers and investors, because they’re afraid of letting Americans use the brains under their scalps to make financial decisions. Though much of the coverage of DOL’s rule has characterized it as more mandated disclosure, in fact it is Litan who makes the case for better disclosure to improve options for consumers. Warren and the DOL bureaucrats, by contrast, argue that disclosure has reached its limits due to what they regard as Americans’ inherent intellectual limitations.

    As Warren wrote in 2008 when she was a professor at Harvard Law School, “cognitive limitations of consumers … put consumers’ economic security at risk.” Warren and her co-author Oren Bar-Gill penned some other choice passages about consumers and their “cognitive limitations”—as apparently opposed to the lack of those limitations by Warren, Bar-Gill, and the bureaucrats they have anointed—in their 2008 University of Pennsylvania Law Review article “Making Credit Safer.” Warren and Bar-Gill proclaimed that not only are “many consumers [] uninformed and irrational,” they are also uneducable. The authors refer frequently to the “limits of learning” and “why getting smarter collectively does not work.”

    As described by journalist Michael Patrick Leahy, Warren and Bar-Gill “argued that American consumers are, in essence, too simple-minded to understand credit and therefore must be protected by the federal government.”

  • CEI's Battered Business Bureau: The Week in Regulation

    October 4, 2015 11:32 AM

    In another busy week, federal agencies issued new regulations for everything from tomato plants to airplane seats.

    On to the data:

    • Last week, 76 new final regulations were published in the Federal Register, after 84 the previous week.
    • That’s the equivalent of a new regulation every two hours and 13 minutes.
    • So far in 2015, 2,543 final regulations have been published in the Federal Register. At that pace, there will be a total of 3,329 new regulations this year, far fewer than the usual total of 3,500-plus.
    • Last week, 1,832 new pages were added to the Federal Register, after 1,301 pages the previous week.
    • Currently at 59,940 pages, the 2015 Federal Register is on pace for 78,456 pages.
    • Rules are called “economically significant” if they have costs of $100 million or more in a given year. 21 such rules have been published so far this year, none in the past week.
    • The total estimated compliance cost of 2015’s economically significant regulations ranges from $1.69 billion to $1.81 billion for the current year.
    • 213 final rules meeting the broader definition of “significant” have been published so far this year.
    • So far in 2015, 413 new rules affect small businesses; 57 of them are classified as significant. 
  • On Added Sugars, Canada Gets Right What the U.S. Got Wrong

    October 4, 2015 11:30 AM

    Last month, I wrote about how the new nutritional labels might end up making Americans fatter and sicker. Particularly dangerous, in my opinion, is the addition of the “added sugars” requirement. Having both total sugar and added sugars may confuse some consumers, some of whom might think that foods with no or low added sugars are okay to indulge in, without thinking about the total amount of sugar in the item. Canadian health officials seem to have worried about the same issues when they considered, and ultimately rejected, requiring added sugars be listed on nutritional facts panels.

    Back in June, Health Canada announced plans to revise nutritional labeling requirements for foods sold in the country. As with the FDA’s proposed label change, Health Canada’s changes are intended to make deciphering the nutritional value of foods easier for consumers and hopefully aid them in making healthier choices. “Our Government is breaking new ground with our proposal on the labelling of sugars on foods sold in Canada,” said Rona Ambrose, Minister of Health in the press release. “Nowhere else in the world will consumers have the kind of information Canadians will have about the sugars contained in the foods they eat. This information will help them understand how much sugar is in a product, whether it’s a little or a lot of sugar, and where the sugar comes from.” Yet, Canada, unlike the U.S., decided that putting “added sugars” on food labels would be less helpful and more harmful for consumers. 

  • Are Tropical Storms Becoming More Destructive? Will They?

    October 2, 2015 6:11 PM

    Lin & Chan, 2015, a study published in Nature Communications, finds that the destructive potential of tropical cyclones (“typhoons”) in the most active and hazardous tropical cyclone basin on Earth, the Western North Pacific Main Development Region, decreased by 35% over the past decade.

    Lin and Chan use a metric called the Power Dissipation Index (PDI) to measure the destructive potential of Asia-Pacific typhoons. The PDI is a product of three factors: storm frequency, duration, and intensity. In the past decade, typhoon intensity increased due to increases in ocean heat content. However, typhoon frequency and duration decreased due to stronger vertical wind shear and lower vorticity in the storm genesis region. The declines in frequency and duration overpowered the increase in intensity, producing a net decrease in PDI of approximately 35%.

    Based on climate modeling studies, Lin and Chan project that global warming will induce an additional 15% decrease in the Asia-Pacific PDI. In their words, “Although both the intensity and duration increased under global warming, there was an even larger typhoon frequency reduction of 25.7%. As a result, the typhoon PDI decreased by 15.2%.”

  • VW Diesel Scandal Exposes Conflicting Regulatory Mandates

    October 2, 2015 6:10 PM

    The Environmental Protection Agency on 18th September charged that Volkswagen had sold approximately 480,000 diesel cars in the U. S. that contained “defeat devices” that allowed them to pass EPA’s emissions tests, while pollution levels increased by up to forty times in normal driving. VW quickly admitted they had cheated and had sold 11 million vehicles worldwide with the devices.  The company set aside $7.6 billion to pay for penalties, recalls, and liability judgments, but many analysts thought that the total costs would eventually be much higher.

    VW cheated because they are caught between regulations to reduce pollution and regulations to increase fuel economy and reduce greenhouse gas emissions.  Meeting both these conflicting goals results in cars that few people want to buy.  Diesel engines are significantly more fuel efficient than gasoline engines, but they are also dirtier.  Making them cleaner results in lower performance and more fuel consumption. 

    Mercedes and other high-end diesel car producers have gotten around that by installing very expensive technology, which increases the costs of their vehicles.  Adding five or ten thousand dollars to the cost of a car can work for luxury cars that cost over $50,000 to begin with, but not for VWs and other cars in the $20-30,000 range.  It remains to be seen how the major automakers will continue to produce cars that people want to buy as the 54.5 miles per gallon CAFÉ standard begins to take effect.


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