Category Archives: Uncategorized

This Week in Ridiculous Regulations

The number of new final regulations for the year passed the 2,000 mark, with new rules ranging from cell walls to harpoon fishing.

On to the data:

  • Last week, 56 new final regulations were published in the Federal Register, after 60 the previous week.
  • That’s the equivalent of a new regulation every three hours.
  • Federal agencies have issued 2,015 final regulations in 2018. At that pace, there will be 3,244 new final regulations. Last year’s total was 3,236 regulations.
  • Last week, 1,622 new pages were added to the Federal Register, after 1,844 pages the previous week.
  • The 2018 Federal Register totals 39,801 pages. It is on pace for 64,196 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Three such rules have been published this year, none in the last week.
  • The running compliance cost tally for 2018’s economically significant regulations is $319.1 million.
  • Agencies have published 70 final rules meeting the broader definition of “significant” so far this year.
  • In 2018, 336 new rules affect small businesses; 16 of them are classified as significant.

Highlights from selected final rules published last week:

  • Some technical language in federal housing regulations is being repealed.
  • Some of the Environmental Protection Agency’s beryllium compliance dates are being extended until December.
  • Cell wall tolerance levels in food.
  • Tuna fishing—with harpoons.
  • If you export or import hazardous waste, you have to file paperwork with the Environmental Protection Agency. They have changed the address to which that paperwork must be sent.
  • The Federal Communications Commission continues to tweak its oft-ignored Emergency Alert System.

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

Quality Insults in History

Gibbon lobs a lot of quality insults in the Decline and Fall. Some of the best are hidden in his footnotes. Here is one from note 44 of Chapter XLVI, on p. 1534 of the edition I have:

[S]ee the Annals of Eutychius and the lamentations of the monk Antiochus, whose one hundred and twenty-nine homilies are still extant, if what no one reads may be said to be extant.

A Bit Drastic, But at Least They Correctly Identified the Problem

A barbarous solution to the barbarous problem of over-legislation:

A Locrian who proposed any new law stood forth in the assembly of the people with a cord round his neck, and, if the law was rejected, the innovator was instantly strangled.

-Edward Gibbon, Decline and Fall of the Roman Empire, p. 1435.

I personally prefer peaceful solutions that reform the institutional rules that make over-legislating and over-regulation possible in the first place. But before the days of Douglass North and James Buchanan, this was apparently what people had to work with.

How to Change Trump’s Mind on Tariffs

It turns out the word “tariff” is of Arabic origin, according to Henri Pirenne, Economic and Social History of Medieval Europe, p. 145.

This Week in Ridiculous Regulations

The big regulatory news is a proposed loosening of fuel economy standards for cars. This will likely improve safety; lighter cars don’t hold up as well in crashes, and the government has admitted in court that its CAFE standards kill people. Better for people to find their own preferred tradeoffs between safety and other car features. Meanwhile, the number of new final regulations in 2018 will likely pass the 2,000 mark this week, with the newest entrants ranging from giving to charity to Sri Lankan tarantulas.

On to the data:

  • Last week, 60 new final regulations were published in the Federal Register, after 55 the previous week.
  • That’s the equivalent of a new regulation every two hours and 48 minutes.
  • Federal agencies have issued 1,959 final regulations in 2018. At that pace, there will be 3,265 new final regulations. Last year’s total was 3,236 regulations.
  • Last week, 1,844 new pages were added to the Federal Register, after 1,643 pages the previous week.
  • The 2018 Federal Register totals 38,179 pages. It is on pace for 63,632 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Three such rules have been published this year, none in the last week.
  • The running compliance cost tally for 2018’s economically significant regulations is $319.1 million.
  • Agencies have published 69 final rules meeting the broader definition of “significant” so far this year.
  • In 2018, 323 new rules affect small businesses; 16 of them are classified as significant.

Highlights from selected final rules published last week:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

Congress Should Reclaim Delegated Trade Authority and End President Trump’s Harmful Trade War

This is a press release CEI issued in response to today’s tariff news. Note that my title is “Fellow,” unless I got promoted and nobody told me.

On Friday, China announced it would impose new tariffs on $60 billion worth of U.S. goods, further escalating trade tensions between the two countries.

CEI Senior Fellow Ryan Young said:

“Just as numerous analysts have predicted, China is responding in kind to President Trump’s trade policies, and the costs will be felt by American consumers. China announced plans to enact retaliatory tariffs ranging from 5 percent to 25 percent on 5,207 different U.S. goods worth a total of $60 billion. Trump has been mulling raising recent 10 percent duties on $200 billion of Chinese goods up to 25 percent, on top of an earlier levy on $34 billion of Chinese goods. He is reportedly also considering tariffs on all imports from China, which currently total more than $500 billion of goods.

“One does not lower trade barriers by raising them. Trump’s long history of protectionism mean he is almost certainly not telling the truth when he says his goal is zero tariffs and zero trading barriers. Tellingly, he already has the power to lower tariffs himself, and is not doing so. Proper authority to set tariff policy belongs with Congress, not the president. Congress needs to take back the authority it delegated away, and end President Trump’s harmful and unpopular trade war.”

Lawyers Have Been Unpopular for a Long Time

From p. 1064, footnote 19 of Edward Gibbon’s Decline and Fall of the Roman Empire, the first volume of which was published in 1776:

The Germans, who exterminated Varus and his legions, had been particularly offended with the Roman laws and lawyers. One of the barbarians, after the effectual precautions of cutting out the tongue of an advocate and sewing up his mouth, observed with much satisfaction that the viper could no longer hiss.

Tariffs and Vaping

Trade really does affect everything. Michael McGrady quotes me on tariffs and intellectual property reform in a piece on how the trade war is affecting the vaping industry.

Trump’s Trade Meeting with European Commissioner Juncker: Better than Nothing

Tariffs are the greatest!

-President Trump, July 24, 2018

I have an idea for them. Both the U.S. and the E.U. drop all Tariffs, Barriers and Subsidies!

-President Trump, also on July 24, 2018

Many trade-watchers are breathing a sigh of relief about President Trump’s meeting yesterday with European Commission President Jean-Claude Juncker. The result was essentially a cease-fire. Juncker agreed that the EU would not impose a retaliatory car tariff it has been considering. In return, Trump agreed not to further raise steel and aluminum tariffs. These are both good things. But neither side is lowering any barriers. And neither side’s promises involve making things better. They have agreed to not make things worse. But in a bizarre, only-in-this-administration kind of way, nothing is better than nothing.

President Juncker also promised that the EU would buy more U.S. soybeans and natural gas, as though he has control over EU consumers’ spending decisions. He also pledged to work toward a US-EU bilateral trade agreement. Negotiations for such a deal will almost certainly last longer than Trump’s presidency, even if he wins reelection. This could be precisely why Juncker made the promise—Trump saves face, which is important to him, while Juncker can kick that can down the road until the White House has a less mercurial occupant. So even the actionable takeaways from the meeting amount to essentially nothing.

What does the new EU ceasefire mean? It is probably more of a strategic shift than anything else. The president’s biggest target on trade issues is China. To get China to reform its bad-faith trade policies—here the president has a point—will require both internal reform in China and international pressure. The U.S. is hardly the only country upset with the Chinese government’s penchant for intellectual property theft, disdain for property rights, and need for state control. And that’s ignoring the Chinese government’s human rights record, which we shouldn’t.

Trump’s tariffs are alienating allies the U.S. needs to achieve its policy goals against China. So rather than shifting toward free trade, what Trump is likely doing with the EU meeting is simply prioritizing the Chinese theater as the most important front in his imagined war.

While I dislike the phrase “trade war,” it may be an apt description for the way the Trump administration views trade. The analogy is obviously incorrect; trade is based on mutual consent, while war is the opposite. But the president and several of his advisors don’t see the issue the same way most people do. To them, trade really is like a war with winners and losers, fought at the level of nation-states and regional alliances. For one side to win, another side must lose.

Trade doesn’t work that way, of course. People only agree to a trade in the first place unless everyone involved expects to benefit. And, as even the best analysts sometimes forget, countries do not trade with each other, people do. But, with apologies to Larry Kudlow and a few other sound thinkers, the president hasn’t exactly chosen the best advisers on trade issues. So here we are, in a self-created trade war.

I no longer believe the president when he says he wants free and open trade (there are many other skeptics). Trump’s nationalism and zero-sum, adversarial thinking won’t allow it. So while it’s good that his trade battle against the EU won’t be escalating any further for the time being, that doesn’t mean Trump is admitting that his protectionist policies aren’t working. He is sacrificing one battle to gear up for a larger trade war against China. After all, Trump has the power to lower tariffs right now with the stroke of a pen, but he is not doing so. The Juncker meeting is likely the first step in doubling down against China, and that could hurt the United States economy, and the world’s, for years to come.

This Week in Ridiculous Regulations

The European Union fined Google a record $5 billion for antitrust violations, and the president raised foreign policy kerfuffles with Britain and Russia on his European trip. Getting less coverage were more than 60 new final regulations ranging from gasoline vapors to payphones.

On to the data:

  • Last week, 62 new final regulations were published in the Federal Register, after 51 the previous week.
  • That’s the equivalent of a new regulation every three hours and 4 minutes.
  • Federal agencies have issued 1,844 final regulations in 2018. At that pace, there will be 3,293 new final regulations. Last year’s total was 3,236 regulations.
  • Last week, 1,993 new pages were added to the Federal Register, after 11,115 pages the previous week.
  • The 2018 Federal Register totals 34,690 pages. It is on pace for 61,947 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Three such rules have been published this year, none in the last week.
  • The running compliance cost tally for 2018’s economically significant regulations is $319.1 million.
  • Agencies have published 65 final rules meeting the broader definition of “significant” so far this year.
  • In 2018, 307 new rules affect small businesses; 16 of them are classified as significant.

Highlights from selected final rules published last week:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.