Category Archives: Regulation of the Day

Regulation of the Day 145: Unregistered Chariots

When King Tutankhamen’s tomb was discovered in 1922, six chariots were among the artifacts found inside. One of them even had some wear and tear; maybe Pharaoh had personally used it for hunting.

It is even possible that falling off that very chariot caused the broken leg that is believed to have ultimately killed him at the age of 18 or so. That chariot is now on display in New York as part of a traveling exhibition of Tutenkhamen’s artifacts.

Getting the chariot from Egypt to New York was quite an ordeal. At roughly 3,300 years of age, the wood is fragile. First it was carefully packed into a truck and driven to Cairo from the Luxor museum. Then it was loaded onto a New York-bound cargo jet. A curator was by its side at all times.

Once it arrived stateside, the New York Times tells of an unexpected regulatory hurdle through which the chariot had to pass before leaving JFK International Airport for its Times Square destination and painstaking reassembly:

When New York traffic officials reviewed the papers required for the oversize truck that would transport the chariot into Manhattan, they saw that the cargo inside was classified as a vehicle, and demanded its Vehicle Identification Number.

“I’m totally serious,” said Mr. Lach, the exhibition’s designer. “But we got it cleared up.”

Good for them. The exhibit is on until January 2 if you care to look for the chariot’s VIN yourself.

Regulation of the Day 144: Underage Senior Citizens

Bob Russ is 66 years old. Last weekend, he and his wife went to the Oregon Brewer’s Festival in Portland. Or rather, they tried to. He was denied entry. The reason? He was unable to prove that he was over 21 years old. At 66, Mr. Russ is Medicare-eligible.

In a letter to the Oregonian, he writes that “At two entry gates, staff told us the OLCC [Oregon Liquor Control Commission] requires a current photo ID for large alcoholic events, period.”

In addition to an apology, Mr. Russ asks for “the use of common sense by the OLCC and the city of Portland that will prevent entering into festival permit agreements that deny entry to unsuspecting “underage” senior citizens.”

The goal of photo ID laws is to prevent underage drinking. Keeping 66-year old men out of festivals for lack of valid photo ID does not prevent underage drinking. If anything, it wastes resources that could otherwise be spent stopping underage drinking.

This is one regulation where the OLCC should allow for some discretion. Doing so might prevent a lot of bad PR.

(Hat tip to Jacob Grier)

Regulation of the Day 143: Your Bedtime

Japan’s Environment Ministry is encouraging its citizens to go to bed an hour earlier at night, and get up an hour earlier in the morning.

There is much wisdom in the old “early to bed, early to rise” adage. But that’s not what the Environment Ministry has in mind. They see going to bed early as a way to fight global warming.

By saving an hour’s worth of lighting and other electricity use every day, the Morning Challenge campaign says the average household can emit 85 fewer kilograms of carbon per year. Staying up late ensures mankind’s doom.

It is astounding that the Japanese regulators think that your bedtime is government business. Then again, this is the same country that has a legally allowable maximum waistline.

Regulation of the Day 142: Ladies’ Night

Ladies’ night bar specials are illegal in Minnesota. They are unfair gender discrimination, according to the Minnesota Department of Human Rights.

Of course, few of the people actually affected by this blatant discrimination have a problem with it. Women save money on drinks. Men who buy women drinks save money. And by increasing the female-to-male ratio, ladies’ nights make men happy for other reasons.

If anything, enforcing the ladies’ night ban is a waste of state resources at a time when Minnesota is facing a severe budget crunch.

So why are regulators bothering? Blame lawyers. A separate case in New York has brought publicity to this divisive issue:

New York attorney Roy Den Hollander has for years made his living filing gender discrimination complaints for men, including himself.

Who cares? He does.

“[Men] have to pay more for the services [clubs] offer just because an accident of nature made them one sex or another?” he said. “That’s the basis of discrimination, and it shouldn’t be allowed.”

Or Mr. Hollander could simply choose to patronize bars that don’t do ladies’ nights. Other people seem to enjoy that particular form of gender discrimination. Let them.

Regulation of the Day 141: Mandatory Fire Sprinklers

Politicians love it when housing prices go up. They think it’s a sign of a vibrant and growing economy. That high-price fetish is partially to blame for the housing crisis of 2008.

Officials in Cumberland, Maryland have not learned their lesson. They are doing all they can to boost local housing prices. For example, the city council is currently mulling requiring all new homes to install fire sprinkler systems. For a 2,000 square foot home, that would add $3,000 to $9,000 to the price of the home.

Potential homebuyers are questioning the wisdom of the idea; high and rising prices reduce demand for housing. It’s basic economics. If this mandate passes, fewer Cumberlanders will be able to afford a new home. For a city complaining about its aging housing stock, this is not wise policy.

But this isn’t just an economic issue. It’s a personal freedom issue. As one man told the Cumberland Times-News,

Cumberland resident Don Bohrer suggested that more — and louder — smoke detectors, and not sprinklers, are a reasonable solution. Bohrer cautioned against “Big Brother” government infiltrating private homes any more than already is done.

“We’re losing more of our freedoms every time you pass one of these silly things,” Bohrer said.

He’s right. One mandate isn’t that big of a deal, though this one is rather expensive. But when you add them all up – federal regulations alone add up to 157,000 pages – you see that regulators have created a monster.

(Hat tip to Megan McLaughlin)

Regulation of the Day 140: Plastic

“Plastics are the future,” a pushy relative told a young Dustin Hoffman in The Graduate. Was he giving career advice — or a warning? After all, some environmental activists think that plastics are responsible for diseases ranging from attention deficit disorder to cancer.

The specific culprit of mankind’s impending doom is Bisphenol A. Called BPA for short, it is a chemical added to plastics to make them harder. BPA is a very common chemical. It’s in everything from laptop computers to CDs to pens.

Activists say that BPA “disrupts hormones and alters genes, programming a fetus or child for breast or prostate cancer, premature female puberty, attention deficit disorders and other reproductive or neurological disorders.”

They are calling for bans and other regulations to limit peoples’ BPA exposure.

Scary stuff. But there is a problem with this bed-wetting level of hysteria; there hasn’t exactly been a rash of death and disease attributable to BPA. In fact, breast cancer rates have actually been declining by 2 percent per year since 1999. The FDA notes that “current levels of exposure to BPA through food packaging do not pose an immediate health risk.”

Still, people do scare easily. The very word “chemical” sends chills down the spines of otherwise rational people. Activists can take advantage of these hot buttons to draw attention to their issues and increase their budgets. Scaring people is good for business.

There are ways to fight back. One is by reading my CEI colleague Angela Logomasini’s excellent work debunking the BPA scare. Another is to join a new Facebook group called “Hands Off My Plastic Stuff!!

Regulation of the Day 139: Mailing Fake Grenades

According to a new United States Postal Service regulation, all fake grenades and other “replica or inert explosive devices,” must be sent via Registered Mail.

You must also write ‘‘REPLICA EXPLOSIVE’’ on the package “using at least 20 point type or letters at least 1⁄4-inch high.”

Unlike most Regulations of the Day, this makes some sense. Many a post office has shut down because of false bomb scares. An uncle sending his nephew a birthday present could theoretically grind a major city’s mail service to a halt.

That isn’t the uncle’s fault; it’s the hyper-sensitive post-9/11 security mindset’s fault. Sadly, that mindset won’t be going away any time soon. This rule will hopefully prevent some false positives . Labeling the package lets postal workers know that they need not freak out. The Registered Mail requirement allows postal workers to verify that the grenades are, indeed, harmless.

Of course, the new rule treats the symptom, not the disease. It should hopefully reduce the amount of unnecessary bomb scares. But the real problem is the ingrained human habit of over-reacting to terrorism.

Terrorist attacks are extraordinarily rare, and need to be treated that way. Until common sense awakens from its post-9/11 slumber, this regulation may actually do some good.

Or terrorists could start shipping grenades via UPS.

Regulation of the Day 138: Dwile Flonking

Britons sure do seem to have a lot of time on their hands. Take, for example, the colorfully-named pastime of dwile flonking. Players soak a rag in beer and put it on top of a pole. Then they use the pole to hurl the rag at other players.

A player who misses twice in a row is called a “flonker.” Flonkers are required to drink a beer before the opposing team can pass the errant rag all the way around him in a circle.

This year’s dwile flonking world championship was to be held in Norfolk. Then regulators got involved. As one can tell by the rules, dwile flonking is a drinking game. And drinking games are forbidden now. Legislation passed earlier this year banning them.

The American journalist H.L. Mencken defined Puritanism as “The haunting fear that someone, somewhere, may be happy.” He may as well have been talking about regulators.

And thanks to the new Puritanism, we may never know who the world’s top dwile flonkers are.

Regulation of the Day 137: Brownie Recipes

The Pentagon’s official brownie recipe is 26 pages long. If you don’t care to read document MIL-C-44072C in its entirety, here are some highlights:

-The water used in this recipe must adhere to EPA drinking water regulations.

-The eggs must comply with USDA “Regulations Governing the Inspection of Eggs and Egg Products (7 CFR Part 59).”

-The brownies must also comply with rules and standards from HHS, The American Association of Cereal Chemists (AACC), the American Oil Chemists Society (AOCS), the American Society for Testing and Materials (ASTM), the Association of Official Analytical Chemists (AOAC), and the National Academy of Sciences’ Food Chemicals Codex.

-The coating must be exactly right:

3.3.5 Brownie coating. The brownies shall be completely enrobed with a continuous uniform chocolate coating (see 3.2.14) in an amount which shall be not less than 29 percent by weight of the finished product.

-Like pecans on your brownies?

3.2.5.2 Nuts, pecans, shelled. Shelled pecan pieces shall be of the small piece size classification, shall be of a light color, and shall be U.S. Grade No. 1 Pieces of the U.S. Standards for Grades of Shelled Pecans. A minimum of 90 percent, by weight, of the pieces shall pass through a 4/16-inch diameter round hole screen and not more than 2 percent, by weight, shall pass through a 2/16-inch diameter round hole screen. The shelled pecans shall be coated with an approved food grade antioxidant and shall be of the latest season’s crop.

And so on.

By contrast, delicious recipes from allrecipes.com and cooking.com are less than a page each.

UPDATE: Reason’s Katherine Mangu-Ward has more; her post was picked up by Fark, too. The comment thread is pretty entertaining.

Regulation of the Day 136: Off the Record

If you work for the Department of Energy’s Federal Energy Regulatory Commission, a regulation requires you to keep records of your off-the-record communications.

Which means off-the-record communications aren’t really off the record.

In fact, 18 CFR 385.2201(b) requires FERC to post a notice in the Federal Register whenever this happens. There was one today, for example. It’s public!

Which brings up the following conundrum: if FERC policy is that off-the-record communications are actually on the record, then there are no off-the-record communications. Therefore, regulations applying to off-the-record communications are at best redundant , because there are no off-the-record comments.

Oh, never mind.