Category Archives: Regulation of the Day

Regulation of the Day 15: The Color of Stitches

The fifteenth in an occasional series that shines a bit of light on the regulatory state.

Today’s Regulation of the Day comes to us from the Food and Drug Administration ($2.3 billion 2008 budget, 9,300 employees).

In §70.5(c) of Title 21 of the Code of Federal Regulations, the federal government reserves the right to regulate which colors may be used in surgical stitches.

Regulation of the Day 14: Asphalt Emissions

The fourteenth in an occasional series that shines a bit of light on the regulatory state.

Today’s Regulation of the Day comes to us from the Environmental Protection Agency ($7.3 billion 2007 budget, 17,964 employees).

EPA is proposing national emission standards for asphalt processing and asphalt roofing manufacturing.

Read all about it on pages 32,822–32,838 of the 2009 Federal Register.

Regulation of the Day 13: The Size of Your Carry-On Bags

The thirteenth in an occasional series that shines a bit of light on the regulatory state.

Today’s Regulation of the Day comes to us from Rep. Dan Lipinski (D-IL, 3rd term).

Rep. Lipinski has introduced the Securing Cabin Baggage Act, which would set a maximum size for carry-on bags.

In today’s American Spectator Online, I explain why the bill wouldn’t add to security, wouldn’t make flying more convenient, and may well be the result of rent-seeking.

Regulation of the Day 12: The Price of Shrimp

The twelfth in an occasional series that shines a bit of light on the regulatory state.

Today’s Regulation of the Day comes to us from the International Trade Administration ($420 million 2009 budget, 1,433 employees).

The ITA has been upset for some time that a Thai shrimp exporter is selling shrimp cheaply; hungry consumers have had no complaints.

Using sophisticated formulae, the Department of Commerce has determined that the minimum allowable profit margin for shrimp exporters is 1.88 percent. Anything less than that constitutes “dumping,” which is selling goods on the cheap in order to harm your competitors. Anti-dumping regulations are in place to make sure that companies don’t save their customers too much money.

This kerfuffle is a perfect example of how regulators view prices and profits. If you charge more than your competitors, then you are abusing your market power. If you charge the same as everyone else, that is evidence of collusion. If, like our Thai friends, you charge low prices, then you are unfairly undercutting the competition.

Whatever you charge, and whatever your profit margin, there is a rationale for regulating you.

Read more on pages 31,911-31-912 of the 2009 Federal Register.

Regulation of the Day 11: Saving the Children from Durable Products

The eleventh in an occasional series that shines a bit of light on the regulatory state.

Today’s Regulation of the Day comes to us from the Consumer Product Safety Commission ($63.25 million 2008 budget, 401 employees).

CPSC’s latest rule latest proposal would require:

each manufacturer of a durable infant or toddler product to: Provide with each product a postage-paid consumer registration form; keep records of consumers who register such products with the manufacturer; and permanently place the manufacturer name and contact information, model name and number, and the date of manufacture on each such product.

Quickly, ask yourself: how much safer will this make our children? How much more expensive will the affected goods be? How many people actually bother to send in those registration cards, anyway? CPSC isn’t saying.

The proposed rule is open to comment until September 14. You can weigh in at regulations.gov if you like.

Details on pages 30,983-30,990 of the 2009 Federal Register.

Regulation of the Day 10: Cap and Trade

The tenth in an occasional series that shines a bit of light on the regulatory state.

Today’s Regulation of the Day comes to us from the U.S. House of Representatives (435 employees, $4 trillion budget).

The Waxman-Markey cap and trade bill that passed the House last week contains 397 new regulations, according to CEI Energy Policy Analyst William Yeatman and former CEI Warren Brookes Fellow Jeremy Lott. The legislation now heads off to the Senate.

It is worth noting that just minutes after the final vote came in, Washington was hit by a fierce hail storm; not that Congress’ doings have any cause-and-effect relationship with the weather (ahem).

You can read the bill — Congress didn’t — by clicking here.

Regulation of the Day 9: School Buses

The ninth in an occasional series that shines a bit of light on the regulatory state.

Today’s Regulation of the Day comes to us from the Department of Transportation ($70.3 billion 2009 budget, 58,622 employees).

Before any regulation goes into effect, the proposal is released to the public for a comment period. Anyone who is interested can write the agency and say why they think the new rule is a good or a bad idea. My employer, CEI, does this regularly, by the way (see here and here).

Agencies are legally obliged to take all comments into account before going forward with the rule. And sometimes, they really do listen.

Because of overwhelmingly negative comments, DOT has decided not to go forward with a proposed change to federal school bus policy (isn’t education supposed to be a local issue?).

Read all about it on page 30,499 of the 2009 Federal Register.

Regulation of the Day 8: Solid Waste

The eighth in an occasional series that shines a bit of light on the regulatory state.

Today’s Regulation of the Day comes to us from the Environmental Protection Agency ($7.3 billion 2007 budget, 17,964 employees).

When an agency screws up really badly, political leaders will usually step in and pass some reforms. For example, the Immigration and Naturalization Service sent visa approval letters to two 9/11 hijackers – six months after the attacks. Congress responded by changing the agency’s name.

I haven’t heard of any outrageous bungling at the EPA’s Office of Solid Waste. But I’m wondering; OSW is also changing its name. It is now ORCR – the Office of Resource Conservation and Recovery.

Read all about it on pages 30,228-30,235 of the 2009 Federal Register.

Regulation of the Day 7: Rice Inspection Certificates

The seventh in an occasional series that shines a bit of light on the regulatory state.

Today’s Regulation of the Day comes to us from the Department of Agriculture ($95 billion 2008 budget, 105,778 employees).

Our rice is in crisis. Inspection certificates currently contain some data in the grade line section that better belongs in the results section. Fortunately, the USDA is stepping in to right this horrible wrong.

Read all about it in pages 30,015-30-017 of the 2009 Federal Register.

Regulation of the Day 6: The Inter-American Tropical Tuna Commission

The sixth in an occasional series that shines a bit of light on the regulatory state.

Today’s Regulation of the Day comes to us from the Department of State ($35 billion 2007 budget, 30,266 employees).

The United States is fighting two wars and a recession. A multi-trillion dollar unfunded Medicare/Social Security liability looms over our heads like the sword of Damocles. This year alone will see a budget deficit of at least $1.8 trillion.

In related news, the State Department has renewed its membership in the Inter-American Tropical Tuna Commission for the next two years. This story broke on page 29,013 of the 2009 Federal Register.

The folks at the IATTC are the people behind the dolphin-safe emblems emblazoned on canned tuna. Not sure what else they do, besides costing taxpayers more than $2 million in annual membership dues (see table in Appendix 5).