Tag Archives: Regulation of the Day

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 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 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.

Regulation of the Day 135: Mustache Nets

CORRECTION: It appears that I’ve been had. Commenter Dietsch at Jacob Grier‘s blog points out that the article was probably an April Fool’s joke. There are such things as beard net regulations on the books in various cities. But this particularly amusing story appears not to be true; probably for the better.

Hair nets have been a staple of the food service industry for a long time. They are not the most dignified fashion accessory. But they serve a useful purpose. Just like church and state, hair and food are best kept separate. Hair nets are a much easier way to accomplish that goal than, say, mandatory baldness for all kitchen staffs.

Which brings us to the latest fad in Brooklyn’s trendy Cobble Hill neighborhood: mustache nets. For some reason,Victorian-themed restaurants and bars are all the rage right now. Bars are redecorating with old-fashioned furniture and artwork. Bartenders are redecorating themselves with outlandish 19th-century facial hair, from mutton chops to handlebar mustaches.

Unfortunately, a regulation from approximately the same time period is getting in the way of all this nostalgic fun. New York State law requires all persons with facial hair who are serving food or drink to wear a mustache net.

Regulators have been cracking down on un-netted mustaches. They have cited several establishments, as Chow reports:

The crackdown was a surprise to restaurant employees—one bartender apparently panicked and attempted to hide behind a taxidermied warthog. However, many of those cited have remained defiant.

“I’d be happy to have my staff wear mustache nets—if I could find a sustainable source,” said a representative of one of the establishments targeted in the raid. “And so far, I have not found a mustache net farm whose mustache netting practices I believe in.”

It’s pretty easy to see why the nets aren’t very popular. A Google image search for “moustache net” yields this picture:

Doesn’t exactly befit the image of a chic bartender. But in New York, that’s the law.

Regulation of the Day 134: Not Voting

The lede to this Denver Post article says it all:

RIDGWAY — Residents of this Old West- meets-New Age town can be fined if their fences are too high, they have too many chickens, their dogs aren’t on leashes or their weeds are out of control.

Tom Hennessy would like to add not voting to that list.

There are three things wrong with Mr. Hennessy’s proposed regulation. One is that mandatory voting is a violation of personal freedom. To vote or not is an important choice that people make for themselves. It is not Mr. Hennessy’s place to make that decision for others. Many countries have tried mandatory voting over the years, most notably the Soviet Union.

The second thing wrong with mandatory voting is that it violates freedom of speech. Mr. Hennessy is aware that compelled speech is just as unconstitutional as censored speech. That’s why he proposes a “none of the above” option on ballots. But some people are sending a deliberate message when they choose not to vote. Mr. Hennessy would fine them for sending that message.

The third point is that, maybe, some people shouldn’t vote. If I step into a voting booth not knowing a thing about the candidates or the issues, I am essentially choosing at random. And choosing wrong means voting against everything I stand for.

Even worse, human beings have built-in cognitive biases that affect their voting habits. Economist Bryan Caplan’s book The Myth of the Rational Voter identifies anti-foreign bias, anti-market bias, make-work bias, and pessimistic bias, for starters.

Even relatively informed voters fall prey to these biases. They vote accordingly. The difference of opinion between economists and the general public on economic issues is startling. Nobody argues relativity with a physicist thinking they’ll win. But voters from both parties argue against the laws of economics every election, often in error but never in doubt.

Despite its flaws, democracy has worked tolerably well in this country for a long time. Perhaps the best part of our particular democracy is that people are free to choose their level of engagement with it. That should be your choice. Not Tom Hennessy’s.

(Full disclosure: CEI takes no stance on whether to vote, or for whom. Neither do I. I personally have not voted since 2002, but seriously consider it every year.)

Regulation of the Day 133: Feeding Ducks

A new ordinance in San Luis Obispo, California makes it illegal to feed ducks. The solons of San Luis Obispo claim that feeding the animals increases pollution.

One wonders what political intrigues and backroom deal-making went into the duck feeding ban. It was not a stand-alone ordinance; it was tucked into a bill updating the city’s storm water management regulations.

Was the duck language tucked in to guarantee a wavering council member’s vote? If so, it was a lot cheaper than the “Lousiana Purchase” and “Cornhusker Kickback” that enabled the health care bill to pass.

Joking aside, one is still left wondering what would cause a politician to hold such a grudge against ducks. Of all the sources of pollution in San Luis Obispo, ducks would have to be pretty low on the list.

(Hat tip: Megan McLaughlin)

Regulation of the Day 131: Airport Vendors

A regulation passed in 2005 states that “at least 10 percent of all business at the airport selling consumer products or providing consumer services to the public are small business concerns (as defined by regulations of the Secretary) owned and controlled by a socially and economically disadvantaged individual (as defined in section 47113(a) of this title).

The requirement that the size of a business be taken into account is puzzling; a company’s size has little to do with whether it will do a good job or not.

I would also argue that airports are disadvantaged enough, having already to deal with the TSA, the FAA, the DOT, and others. Snark aside, airports are poorly run, almost without exception. Forcing them to hire vendors and contractors on factors other than price and performance is unlikely to improve matters.

Disadvantaged business quotas bring up a third issue: What happens if a disadvantaged business owner prospers through her hard work, and can no longer be considered disadvantaged? Does she get kicked out of the airport?

That thorny question would have been put to rest on April 21 of this year, when a built-in sunset provision would have made the regulation expire. Wayne Crews and I have written before favoring sunset rules for all new regulations. It’s a painless way to automatically get rid of rules when they become obsolete, or that turn out to be more trouble than they’re worth.

If a rule merits another five years on the books, Congress should be able to vote on it.

In this case, however, the Department of Transportation is getting set to renew the disadvantaged quota program all by itself. Permanently.

According to the DOT, leaving in the sunset provision “would simply cause confusion and disruption, making it more difficult for all parties concerned to carry out their responsibilities under the statute.”

Laws are supposed to be made by legislative branch, not the executive. What we have here is one more case of regulation without representation, out of thousands. You can read all about it in today’s Federal Register.