CEI’s Battered Business Bureau: The Week in Regulation


Just another week in the world of regulation:

  • 58 new final rules were published during the short work week last week, down from 95 the previous week. That’s the equivalent of a new regulation every 2 hours and 54 minutes — 24 hours a day, 7 days a week. All in all, 1,564 final rules have been published in the Federal Register this year. If this keeps up, the total tally for 2012 will be 3,741 new rules.
  • 1,347 new pages were added to the 2012 Federal Register last week, for a total of 32,829 pages. At this pace, the 2012 Federal Register will run 77,427 pages.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. The 24 such rules published so far in 2012 have compliance costs of at least $14.5 billion. Two of the rules do not have cost estimates, and a third cost estimate does not give a total annual cost. We assume that rules lacking this basic transparency measure cost the bare minimum of $100 million per year. The true cost is almost certainly higher.
  • Two economically significant rules were published last week. So far, 180 significant final rules have been published in 2012.
  • So far this year, exactly 300 final rules affect small businesses. 48 of them are significant rules.

Highlights from final rules published last week:

  • The two new economically significant rules come from the Energy Department. One rule sets new energy efficiency standards for dishwashers, the other for washing machines.
  • If you’re a lobster fisherman in Maine, you should be aware of some new regulations from the National Oceanic and Atmospheric Administration.
  • HHS issued a correction to its health care bill-related rules for creating health insurance exchanges. If states continue to refuse to create the exchanges, and depending on how the Supreme Court case goes, it may end up a moot point.

For more data, updated daily, go to TenThousandCommandments.com

Fun Fact of the Day: The Origins of Rent-Seeking

The concept of “rent-seeking” was developed by Gordon Tullock in his 1967 paper, “The Welfare Costs of Tariffs, Monopolies, and Theft.” But he never actually uses the phrase in the paper.

Rent-seeking remained an idea without a name until 1974, when Anne Krueger published “The Political Economy of the Rent-Seeking Society” in the American Economic Review.

This and other fun facts are in Charles Rowley’s introduction to The Rent-Seeking Society, which is volume 5 of the Collected Works of Gordon Tullock.

Politics 101

When votes are at stake, truth takes a distant second to electoral success. This was just as true in Benjamin Constant’s 1815 as it is in our 2012:

“Everyone is more concerned to hit hard than accurately.”

-Benjamin Constant, Principles of Politics Applicable to All Governments, p. 4.

Test

This is a test post from my iPad.

CEI Podcast for May 31, 2012: Ten Thousand Commandments


Have a listen here.

Congress passed 81 bills last year, while agencies passed 3,807 regulations. This, according to Vice President for Policy Wayne Crews, is regulation without representation. Crews discusses this and other findings from the just-released 2012 edition of his annual report, “Ten Thousand Commandments: An Annual Snapshot of the Regulatory State.”

Small Mercies: At Least He’s an Ex-Congressman

The Hill: GOP ex-Rep. Hoekstra: FBI, CIA should vet candidates’ citizenship

This birther nonsense just refuses to die. Also notice that, at least to my knowledge, every single birther opposes President Obama. Not a single one says, “I agree with him, though I think he was born in Kenya.” Weird, huh?

It’s not enough to simply disagree with his policies. They have a need to make it personal. “I disagree with him, therefore he must be ineligible for office.” This is not a healthy mindset.

If anything, I think the U.S. citizenship requirement should be abolished. In 1812, it might have mattered quite a bit if a foreigner — a British citizen, perhaps? — became President. Here in 2012, that once-wise policy is no longer needed.

“Because That’s Where the Money Is.”

In one of those too-good-to-be-true urban legends, a man once asked the famous criminal Willie Sutton why he robbed banks. “Because that’s where the money is,” he replied. Fast forward eighty years or so, and one sees that the business world has learned from Sutton’s wisdom.

LightSquared is a technology company that is going through chapter 11 bankruptcy despite receiving a $267 million government loan. Its satellite-based high speed wireless network has a fatal flaw: it interferes with GPS devices, making it useless. The FCC is blocking it, leaving the company with essentially zero business until they can solve the problem.

The company has laid off about half of its workforce so far. But The Hill’s Brendan Sasso and Kevin Bogardus found out that LightSquared is making sure to retain its most lucrative employees. Those would be its lobbyists, not its engineers:

Despite the financial troubles and staff cutbacks, LightSquared has yet to disband its lobbying army — an implicit acknowledgment that the company’s future is contingent upon what happens in Washington.

In other words LightSquared, just like Willie Sutton, knows where the money is. And it isn’t in the marketplace.

Businesses fail all the time. If they don’t create value for their customers, they don’t deserve to stay in business. Capital that is being wasted by these companies is then freed up for more valuable uses. Schumpeterian creative destruction doesn’t work without that destructive part. When Washington puts its thumbs on the competitive scales as it has with the LightSquared loan, it should surprise no one that companies suddenly swarm Capitol Hill for a piece of the action.

The result is less destruction, but also less creation. Corporate welfare means less innovation and less economic growth. It creates plenty of jobs for lobbyists and lawyers, but at the expense of other jobs that create actual value for consumers – such as many of LightSquared’s layoffs, who could be finding a technical solution for its GPS interference problem.

CEI’s Battered Business Bureau: The Week in Regulation


Just another week in the world of regulation:

  • 95 new final rules were published last week, up from 84 the previous week. That’s the equivalent of a new regulation every hour and 46 minutes — 24 hours a day, 7 days a week. All in all, 1,583 final rules have been published in the Federal Register this year. If this keeps up, the total tally for 2012 will be 3,968 new rules.
  • 1,628 new pages were added to the 2012 Federal Register last week, for a total of 31,432 pages. At this pace, the 2012 Federal Register will run 77,040 pages.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. The 22 such rules published so far in 2012 have compliance costs of at least $14.3 billion. Two of the rules do not have cost estimates, and a third cost estimate does not give a total annual cost. We assume that rules lacking this basic transparency measure cost the bare minimum of $100 million per year. The true cost is almost certainly higher.
  • No economically significant rules were published last week. So far, 172 significant final rules have been published in 2012.
  • So far this year, 292 final rules affect small businesses. 40 of them are significant rules.

Highlights from final rules published last week:

  • Good news on the international trade front: the International Trade Administration published a rule withdrawing a tariff quota on imported fabric that expired in 2009 (timely!). The rule also repeals rules for short supply procedures. “Short supply procedures” means that when domestic supply falls short of demand, the government blocks fewer imports than usual to ease the shortage. Now the ITA will stay out of the way entirely, as far as cotton is concerned. This bit of housecleaning came about through President Obama’s January 2011 Executive Order, “Improving Regulation and Regulatory Review.”
  • The official legal meaning of the term “unblockable drain” has been revised, thanks to the Consumer Product Safety Commission.
  • It is against federal rules for a commercial driver to make entries to an automatic on-board recording device while his vehicle is in motion. A new Federal Motor Carrier Safety Administration rule specifies that it’s ok for anyone else in the vehicle to do so.
  • Morelet’s crocodile is no longer an endangered species, though the crocs “will remain protected under the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.”

For more data, updated daily, go to TenThousandCommandments.com.

Gone Fishin’

I’ll be out of town over the long weekend, and mostly off-grid.

Regular blogging will resume on Tuesday.

CEI Podcast for May 24, 2012: Driverless Cars


Have a listen here.

Driverless cars are a new technology that could revolutionize the way we think about transportation. A prototype driverless car made by Google recently made the rounds in Washington, DC, and Land-use and Transportation Policy Analyst Marc Scribner got to take a ride. He shares his experience, talks about the potential benefits for road safety and congestion, and the regulatory hurdles that driverless cars must clear before they can enter the marketplace.