Planet Moron

Our 21st-Century Regulatory System – Final Plans!

We continue to monitor the progress being made on President Obama’s “21^st-Century Regulatory System” initiative intended to not only promote “economic growth, innovation, competitiveness, and job creation," but also to “root out regulations that are not worth the cost, or that are just plain dumb.”

As part of the President’s plan for, “an unprecedentedly ambitious government-wide review of existing federal regulations," Cass Sunstein, Administrator for the Office of Management and Budget’s Office of Information and Regulatory Affairs was charged earlier this year with overseeing the streamlining of our federal regulatory structure, a task for which he is no doubt well suited given that his job title alone takes two business cards to complete.

However, after months of work, he is excited to announce that agencies are releasing their final plans to reduce regulatory costs by $4 billion over the next five years which, according to his op-ed in the Wall Street Journal (subscription required) include:

“The Department of Health and Human Services will soon propose to remove unnecessary regulatory reporting requirements.”

“The Environmental Protection Agency will soon propose a rule to reduce burdens on hazardous-waste generators.”

“By the end of this year, the Internal Revenue Service will eliminate 55 million hours of paperwork burdens.”

Okay, so “final” means something different to Mr. Sunstein than it does to the rest of us, but still, you can tell that he has made great progress in reducing burdensome regulations by reviewing the 132 new regulatory actions currently under review, which include:

Energy Efficiency Standards for Residential Refrigerators, Refrigerator-Freezers, and Freezers.

Revisions to Medicare Advantage and Part D Prescription Drug Programs; MIPPA-Related Marketing Revisions and Agent/Broker Compensation Plan.

Reconsideration of the 2008 Ozone Primary and Secondary National Ambient Air Quality Standards.

That last one is expected to help streamline regulations by an additional $90 billion a year in costs imposed on businesses and consumers.  All we need are another 23 “unprecedentedly ambitious government-wide reviews of existing federal regulations, " and we’ll have this covered, no problem.

But that should not be surprising, as the President made clear that any streamlining of federal regulations would naturally include adding additional regulations such as those on deck from the FAA, FDA, USDA, and EPA.

Which reminds us, we have a great dieting tip for those of you out there looking to slim down your figure.  All you have to do is cut out that morning bagel.

And add bacon, eggs, waffles, pancakes, ham, hash browns, home fries, biscuits…

J.

Our 21st-Century Regulatory System – Let There Be Light!

We continue to monitor the progress being made on President Obama’s “21^st-Century Regulatory System” initiative intended to not only promote “economic growth, innovation, competitiveness, and job creation," but also to “root out regulations that are not worth the cost, or that are just plain dumb.”

Regular readers might note that it’s been a while since we engaged in our weekly ritual of reading the Federal Register in search of progress towards streamlining federal regulations. We kind of felt we needed a break and it turns out we were right.  We’ve already found that the incapacitating migraines have largely subsided, the nightmares have become less frequent, and it’s fairly rare that we find ourselves contemplating the infinite peace and solitude death would bring.

So in furtherance of our goal to maintain some semblance of mental health, we instead explore one of the Obama Administration’s signature economic growth-inducing regulatory initiatives:

Bribing companies to make products no one wants, and then forcing you to buy them.

The old-fashioned engine of economic growth in America was to permit private companies to freely innovate and create new products and services, and then allow individual citizens to judge the merits of those offerings based on their own unique set of values, needs, and circumstances.

The problem with this model was that the decision-making process was left to people other than members of the Obama Administration, most of whom went to better schools than you did.

The result? Your refusal to desire products Obama Administration officials want you to, results in companies refusing to make them.

Today’s example is the LED light bulb.

For years, American citizens have demonstrated peculiarly little interest in purchasing extremely expensive light bulbs. That’s about to change:

We bring you, the “L-Prize.”

The L-Prize represents a whole new approach to free markets.  Rather than you using your money to reward companies, the government will use your money to reward companies.

This past week, Philips “won” $10 million of your money for developing a 60-watt equivalent LED light bulb that consumes only 10 watts of power and will likely cost at least $40 to start.

You wonder who in their right mind would purchase a $40 LED light bulb?

That would be you.

New energy efficiency standards passed by Congress several years ago essentially phase out old-style incandescent bulbs, all of which will be replaced by vastly more expensive options, from advanced incandescents to fluorescents, to LEDs.

While you may not want to spend $40 for a single 60-watt light bulb, you’ll save money in the long run.  The really long run:

Current 60-watt incandescent bulbs last about three years and cost around seventy-five cents. According to government statistics, they are used an average of 1.9 hours a day. That adds up to about 41.6 kilowatt hours a year. At 11.79 cents per kilowatt hour, it costs you about $4.90 to run the bulb for a year, or $5.15 if you include average replacement costs.

In contrast, the 60-watt equivalent LED should last about 25 years and use 1/6 the electricity, amounting to total annual costs of about 82 cents a year in electricity.

At $40 a bulb, you’ll break even within ten years!

Sure, you’re probably not accustomed to thinking of purchasing light bulbs the same way you’d think about purchasing a car or a house, but that’s probably because you’re not making enough money to be able to tie up large amounts of money in long-term lighting investments.

But that’s okay, members of the Obama Administration are.

Of course, as some point out, incandescent bulbs aren’t actually being banned, and you’re not going to be forced to purchase LED bulbs. What is being banned are incandescent bulbs that cost 55 cents a piece.  You can still buy incandescent bulbs, okay? So calm down.

But they’re going to cost closer to $3.00 each.

Hey, you know what, that migraine is starting to come back.  Maybe now we know why Michelle Bachman gets them…

J.

Our 21st-Century Regulatory System – The Event!

We continue to monitor the progress being made on President Obama’s “21^st-Century Regulatory System” initiative intended to not only promote “economic growth, innovation, competitiveness, and job creation," but also to “root out regulations that are not worth the cost, or that are just plain dumb.”

After spending the first two years of his administration adding thousands of regulations, from expensive health care mandates that dictate how, when, where, and what kind of health care businesses must provide to their employees to financial regulations that dictate how, when, where, and what kind of fees and services they may offer consumers, the President has come through on his promise to fundamentally transform the relationship between the people and their government.  And so we present you his 21^st-Century Regulatory Action Plan:

Reduce paperwork.

We know what you’re thinking, “Don’t think we didn’t notice you took four days off and didn’t even bother to let us know. It’s not that we’re angry. We’re just… disappointed.”

Also, “Oh. My. God. Will we even recognize the federal government once President Obama is done totally transforming it?”

Maybe, maybe not. While the President is preserving those core governmental functions that are essential to its principle function of preserving the liberty of Americans from foes both domestic and foreign, such as making sure that no American will ever be under the threat of purchasing an incandescent light bulb or inadvertently fall prey to a toilet that flushes water in excess of the amount federal regulators think it should.

But changes are on the way. In addition to reducing some paperwork, the Obama Administration is moving forward on a number of other initiatives (PDFs to follow).

For example, the folks at the Department of the Interior, after months of hard work scrutinizing their operations offered to:

“…explore a simplified market-based approach to arrive at the value of oil and gas for royalty purposes that could dramatically reduce accounting and paperwork requirements and costs on industry. “

Say, that could be great couldn’t it? You can tell how serious they are by the fact that they are exploring it. For example, I told Mrs. Moron that I was exploring the possibility of cutting back on our cable bill. That was 1994.

That’s not all, though:

“BOEMRE is now considering ways to apply 'safety case' type performance standards, such as those widely applied internationally, to the U.S. offshore drilling regulatory regime.”

Sometimes you have to create regulations in order to destroy them.

Health and Human Services took a similar approach to heeding the President’s call that his departments reduce regulatory burdens:

“While HHS’s systematic review of regulations will focus on the elimination of rules that are no longer justified or necessary, the review will also consider strengthening, complementing, or modernizing rules where necessary or appropriate—including, if relevant, undertaking new rulemaking.”

It’s like when you tell your husband to clean out the garage at the end of which he determines he needs a Jet Ski.

The dedicated employees of the Department of Transportation take a slightly different approach to meeting the President’s goal of reviewing regulations by patiently pointing out that they already do that:

“IV. Current agency efforts already underway independent of E.O. 13563 a. Summary of pre-existing agency retrospective analyses of existing rules.

i. Overview. For many years, the Department has been conducting two general categories of retrospective reviews of existing rules. The first is a regular review of all existing rules over a 10-year period. The second consists of special reviews conducted on either an ad hoc basis or as part of a plan.”

While we could just fold up shop and end our series on the President’s 21^st- Century Regulatory System right here, we have decided to stay on the job, excited at the progress we expect federal bureaucrats to make as they excitedly explore ways to reduce their own power and influence.

J.

Our 21st-Century Regulatory System – Wascally Wabbit Edition

We continue to monitor the progress being made on President Obama’s “21^st-Century Regulatory System” initiative intended to not only promote “economic growth, innovation, competitiveness, and job creation," but also to “root out regulations that are not worth the cost, or that are just plain dumb,” and yet at the same time “won't shy away from addressing obvious gaps.” 

The Dollarhite family of Nixa, Missouri was recently fined $90,643 for having run afoul of a law that designates anyone selling more than $500 worth of animals (in this case, rabbits) to a pet store, a “wholesale breeder of pet animals,” thus requiring a license from the US Department of Agriculture (USDA).

 If you are like most Planet Moron readers, you’re probably thinking, “That’s a coincidence. My bail just happens to be $90,643.”

Also, “Well of course selling more than $500 worth of animals to a pet store will designate you as a wholesale breeder of pet animals thus requiring a license from the USDA. That’s just common sense. They’re lucky they only got fined ninety grand.”

Actually, it could get up to $4 million.

The whole thing started when the Dollarhites wanted to teach their teenage son a thing or two about responsibility, apparently forgetting the part about how we all have a responsibility to ask permission from the government before we do anything that we had not already secured permission to do.  So they started raising rabbits and selling them to neighbors, friends, and eventually, a local pet sore and petting zoo.

It was then that a crack USDA inspector happened to be going through some invoices at a pet store and came across the criminal transactions.  Going on little more than their complete home address, the inspector tracked down the Dollarhites and what she found shocked her: A cage that was a quarter inch too narrow.  A finding made all the more stunning by the fact that no such law mandating the specific size of rabbit cages exists.  (Cage size is something each breeder works out with the USDA inspector on a case-by-case basis, because we are not a nation of men, we are not a nation of laws, we are a nation of men who make up laws.)

After another cryptic visit, and some months passed, the Dollarhites received a letter which cited their infractions and offered the opportunity to simply plead guilty and pay the $90,643 fine in any of a number of convenient ways:

It’s sort of like a speeding ticket, only the kind of speeding ticket you’d get if you were going 8,000 miles per hour in a school zone.

But, hey, the law is the law, by which we mean, “they got some heavyweights to apply political pressure,” and it appears the Dollarhites may be able to settle the matter for less.

In other rabbit news, the USDA is finally, finally cracking down on magicians’ rabbits.

Look, you want to pull a rabbit out of a hat, that hat better have proper ventilation, adequate sanitation, and a readily available source of hydration. 

Better yet, you want to entertain kids and pull something out of a hat?  How about you pull out a copy of the Code of Federal Regulations, TITLE 9 - ANIMALS AND ANIMAL PRODUCTS, CHAPTER I - ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE, SUBCHAPTER A - ANIMAL WELFARE, PART 2 – REGULATIONS, subpart a – LICENSING.

We need to start these kids young on the world they’ll be joining soon.

J.

Weeks 12 & 13 – Our 21st-Century Regulatory System

We continue to monitor the progress being made on President Obama’s “21^st-Century Regulatory System” initiative intended to not only promote “economic growth, innovation, competitiveness, and job creation," but also to “root out regulations that are not worth the cost, or that are just plain dumb,” and yet at the same time “won't shy away from addressing obvious gaps.” 

Friday, April 15

It’s all relativism, er, we mean relative.

It is wholly fitting that the President should on the same day recognize not only one of the single most defining events in our nation’s history, but also the Civil War.

Yes, but how do you feel?

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

Agency Information Collection Activities; Proposed Collection; Comment Request; Experiment To Evaluate Risk Perceptions of Produce Growers, Food Retailers, and Consumers After a Food Recall Resulting From a Foodborne Illness Outbreak.

…After reading the news article, participants will complete a questionnaire  assessing their emotional response, appraisals, attribution of responsibility, perceptions about the safety of the affected produce...

Monday, April 18

We’re from the government…

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

Grapes Grown in Designated Area of Southeastern California; Increased Assessment Rate

SUMMARY: This rule increases the assessment rate established for the California Desert Grape Administrative Committee.

Like all government-sponsored programs keeping a watchful eye on industry, the California Desert Grape Administrative Committee is intended to ensure the public has a voice and its interests are properly represented. You can tell this by the fact that the 12-member board of the California Desert Grape Administrative Committee consists of 11 representatives of the desert grape industry, and 1 representative of “the public:”

The California Desert Grape Administrative Committee is comprised of 12 members, with each member having one alternate. Five members and their alternates shall be producers or officers or employees of producers (producer members). Five members and their alternates shall be handlers or officers or employees of handlers (handler members). One member and alternate shall be either a producer or handler or officer or employee thereof, and one member and alternate shall represent the public.

Thursday, April 21

DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

Proposed Fort Ross-Seaview Viticultural Area; Comment Period Reopening

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Notice of proposed rulemaking; comment period reopening. Four commenters, all owners or operators of Sonoma County wineries and vineyards, opposed the establishment of the Fort Ross-Seaview viticultural area as outlined in Notice No. 34. Stating that their vineyards, all located to the north of the proposed Fort Ross-Seaview viticultural area, have the same viticultural characteristics as those found within the proposed area, these four commenters requested that TTB delay a final decision on the establishment of the Fort Ross-Seaview viticultural area so that they could gather additional evidence to support their contention that the proposed viticultural area should be expanded to include their properties.

Perhaps more than anything else, this makes clear why we have to raise taxes to address our budget deficit. There just isn’t any fat left to cut.

Friday, April 22

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order; Referendum Procedures

AGENCY: Agricultural Marketing Service, USDA.

SUMMARY: This rule establishes procedures for conducting a referendum to determine whether issuance of a proposed Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order (Order) is favored by domestic manufacturers and importers of softwood lumber.

See above.

J.

Week 11 – Our 21st-Century Regulatory System

We continue to monitor the progress being made on President Obama’s “21^st-Century Regulatory System” initiative intended to not only promote “economic growth, innovation, competitiveness, and job creation," but also to “root out regulations that are not worth the cost, or that are just plain dumb,” and yet at the same time “won't shy away from addressing obvious gaps.” 

This week we examine one small corner of what is perhaps the President’s signature attempt at streamlining federal regulations:

The 2000-plus pages of new federal regulations contained in the Patient Protection and Affordable Care Act of 2010, otherwise known as “Obamacare.”

Of course, those 2000 pages make up only a barebones outline, the actual regulations must be written by Executive Branch bureaucrats, those unsung heroes on whose shoulders rest the burden of determining whether or not vending machine labeling provisions apply to candy which can be picked up by maneuvering a large claw arm:

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

Food Labeling; Calorie Labeling of Articles of Food in Vending Machines

C. Who Is Not Required to Comply With This Rule

Further, FDA tentatively concludes that vending machines that may dispense food as part of a game or other non-food related activity are not covered by 403(q)(5)(H) of the FD&C Act. For example, a vending machine may contain a variety of items ranging from small toys, coins, or individually wrapped candies that can be picked up by maneuvering a large claw arm. In this instance, the vending machine does not sell articles of food, even though in the course of maneuvering the arm, candies could be dispensed. The vending machine is selling the opportunity to play the game. FDA seeks comment on this tentative conclusion.

All we can say is thank goodness Congress reached a budget agreement, otherwise the highly paid professionals of the FDA wouldn’t be able to conduct their critical investigatory work into Congress’ original intent regarding arcade games.

Which brings us to perhaps the greatest constitutional crisis since the Kansas-Nebraska Act of 1854:

Does a “crank” fall within the penumbra of “button” and if so, what are the ramifications as it applies to bulk vending machines?

It’s a little long, but be sure to read the whole thing because only then can you truly see the world as they see it:

Bulk vending machines dispense unpackaged articles of food in preselected amounts (e.g. gumball machines, mixed nut machines). FDA received a few comments suggesting that bulk vending machines are different from ``more modern types of vending machines,'' and therefore should be exempt from these disclosure requirements. The comments argued that bulk vending machines should be distinguished from other vending machines for three reasons. First, they noted that these machines do not have selection buttons, and as a result a vending machine operator could not place a sign ``in close proximity to * * * the selection button'' that includes the calorie information required by section 403(a)(5)(H)(viii)(I) of the FD&C Act. Second, they argued that food sold from bulk vending machines represents only a small fraction of overall market sales of the vending machine industry.

Finally, the comments stated that there is no reported association between foods sold from bulk vending machines and obesity.

FDA notes that section 403(q)(5)(H)(viii) of the FD&C Act does not limit its applicability to vending machines for which there has been a reported association between the food vended by the machine and obesity. However, section 403(q)(5)(H)(viii) provides that for covered vending machine food, the vending machine operator must provide a sign disclosing the number of calories contained in the food ``in close proximity to each article of food or the selection button.'' FDA tentatively concludes that the reference to ``selection button'' in the statute can be read to mean that the types of vending machines subject to requirements in section 403(q)(5)(H)(viii) are those with selection buttons. FDA is not aware of vending machines without selection buttons other than bulk vending machines that dispense, by use of a crank, single types of unpackaged articles of food in preselected amounts (e.g., a single piece of gum or a handful of candy or nuts). FDA tentatively concludes that vending machines, including bulk vending machines, without any type of selection button are not covered by section 403(q)(5)(H)(viii). However, FDA tentatively concludes that a bulk vending machine that has a selection button, regardless of the type of food it dispenses, e.g., unpackaged articles of food such as soup, popcorn, or hot or cold beverages, is covered under section 403(q)(5)(H)(viii), if it meets the other statutory criteria. FDA is proposing in Sec.  101.8(c)(1)(i)(C) that the nutrition labeling requirements of Sec.  101.8 apply to an article of food sold from a vending machine that, among other things, has a selection button. FDA seeks comment on these tentative conclusions. FDA is also interested in comments demonstrating any unintended adverse effect resulting from the exclusion of vending machines without selection buttons from the calorie labeling requirements.

Some people seek greatness while others have greatness thrust upon them.  The men and women of the FDA probably never anticipated that they would find themselves suddenly enmeshed in this unforeseen dilemma but did they shrink from the challenge?  No! They embraced it putting forth their conclusions, tentative though they may be.

J.

Week 10 – Our 21st-Century Regulatory System

We continue to monitor the progress being made on President Obama’s “21^st-Century Regulatory System” initiative intended to not only promote “economic growth, innovation, competitiveness, and job creation," but also to “root out regulations that are not worth the cost, or that are just plain dumb,” and yet at the same time “won't shy away from addressing obvious gaps.” 

As the nightmarish specter of a government shutdown looms ever closer, we decided to read this past week’s Federal Register with an eye towards the great hazards that await us should we permit such an unspeakable event to occur.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

Title: Personal Responsibility Education Program (PREP) Multi Component Evaluation--Design Survey

If the federal government isn’t there to teach our kids about personal responsibility, who will we ask you?  Who will?

DEPARTMENT OF AGRICULTURE

Forest Service

National Tree-Marking Paint Committee Meeting

AGENCY: Forest Service, USDA.

SUMMARY: The purpose of the meeting is to discuss activities related to improvements in, concerns about, and the handling and use of tree-marking paint by personnel of the Forest Service and the Department of the Interior's Bureau of Land Management.

What, really, do we know about paint?  Where does it come from?  What is its purpose?  These and other questions will go unanswered if this meeting is cancelled placing in unknown danger, the well being of not only our forests, but of the men and women who every day pick up that brush, and go to work.

DEPARTMENT OF COMMERCE

International Trade Administration

Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Review

SUMMARY: The Department of Commerce has determined that a request for a new shipper review of the antidumping duty order on certain frozen fish fillets meets the statutory and regulatory requirements for initiation.

Do you really want to be responsible for people paying too little for frozen fish filets? Are you going to be the one to look into your child’s eyes and admit that, yes, I was there when we allowed our country to be overrun by batter dipped communist seafood?

DEPARTMENT OF STATE

Bureau of Educational and Cultural Affairs (ECA) Request for Grant Proposals: Timor-Leste and South Pacific Scholarship Programs

The goal of the USTL Scholarship Program is to identify and support undergraduate level study at accredited higher education institutions in the United States for a select cadre of academically talented Timorese who are expected to assume future leadership roles in Timor-Leste's development.

So, what’s your excuse going to be here?  We’re running unsustainable levels of deficit spending that imperils the financial stability of our nation?  Really?  What’s that against the legitimate needs of Timor-Leste and the leadership posts that might remain vacant of students educated in proper beer pong etiquette and the essential role the “wing man” plays in any social setting?

DEPARTMENT OF ENERGY

Energy Conservation Standards for Metal Halide Lamp Fixtures: Public Meeting and Availability of the Preliminary Technical Support Document

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy.

Absent the important work of the Office of Energy Efficiency and Renewable Energy this nation will be facing a calamity: The complete absence of conservation standards for metal halide lamp fixtures. This is totally unacceptable and would allow what can only be described as metal halide lamp bedlam to continue in which manufacturers produce metal halide lamps with conservation standards based on little more than their own whims. And customer needs.

Hopefully this has been a sobering lesson for you all. We must not allow the federal government to shut down. Not for one second.

Not unless you think it’s perfectly okay for Irish Potatoes Grown in Washington State to have the status of their Assessment Rate left woefully unaddressed.

J.

Weeks 8 & 9 – Our 21st-Century Regulatory System

We continue to monitor the progress being made on President Obama’s “21^st-Century Regulatory System” initiative intended to not only promote “economic growth, innovation, competitiveness, and job creation," but also to “root out regulations that are not worth the cost, or that are just plain dumb,” and yet at the same time “won't shy away from addressing obvious gaps.” 

Monday, March 14

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

SUMMARY: Notice is hereby given of a public hearing to receive evidence on proposed amendments to Marketing Agreement and Order No. 930 (order), which regulate the handling of tart cherries grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. Three amendments are proposed by the Cherry Industry Administrative Board (Board), which is responsible for local administration of the order.

The only reason the government is involved with micromanaging the production, distribution, and selling of tart cherries is because of the vital strategic role tart cherries play in our national security infrastructure, falling somewhere in between rare earth elements and Limoncello. 

Tuesday, March 15

DEPARTMENT OF JUSTICE

National Institute of Justice

Office of Justice Programs

ACTION: 60-Day Notice of Information Collection Under Review: Teen Dating Relationships: Opportunities for Youth To Define What's Healthy and Unhealthy.

We believe the only reason the Department of Justice is involved in examining teen dating relationships is because the Department of Oprah Winfrey moved to a different cable channel.

Wednesday, March 16

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

Regulations Issued Under the Export Grape and Plum Act; Revision to the Minimum Requirements.

SUMMARY: This rule revises the requirements under the Export Grape and Plum Act. This rule changes the minimum bunch weight requirement for grapes exported to Japan, Europe, and Greenland from one-half pound to one-quarter pound.

Why does the government mandate how big a “bunch” must be for exported grapes and plums?  Because if you left something like that up to the people who are selling and buying the grapes and plums you know what you’d have?

Odd-sized bunches of grapes and plums being sold to Japan, Europe, and Greenland. In other words:

Chaos.

Monday, March 21

DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

Incorporating the 2010 Dietary Guidelines for Americans Into the Proposed School Meal Patterns

The 2010 DGAs include a new Red-Orange vegetable subgroup, while the proposed meal patterns include an Orange vegetable subgroup and group the Red vegetables under the category of Other vegetables (consistent with the 2005 DGAs). The 2010 DGAs also advise consuming protein from a variety of sources, and recommend weekly amounts from three Protein foods (formerly Lean meat and beans) subgroups.

Back when we here at Planet Moron were still children, school lunch programs included the Tan-Beige Chicken Croquette group, the Gray-Light Gray Gravy subgroup, and the Unidentified Bits of Yellow Fruit Floating in Lime Jell-O group.  This was back before there was an “obesity epidemic” strongly suggesting that the best way to get kids to lose weight is to serve them food that sucks.

Wednesday, March 23

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

Irish Potatoes Grown in Washington; Continuance Referendum

SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 946 (7 CFR part 946),… it is hereby directed that a referendum be conducted to ascertain whether continuance of the order is favored by growers.

Is continuance of the order favored by the consumers?  That never really came up.

Thursday, March 23

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Petition for Exemption From the Vehicle Theft Prevention Standard; Ford Motor Company.

Can you imagine if we lived in a world where consumers could decide what kind of vehicle theft prevention they preferred and automakers tried to innovate and compete to meet that demand?  Why, then you wouldn’t have people employed by the government whose job it is to decided whether a company can sell a vehicle to willing buyers absent a theft prevention standard they may not desire.

We’re talking jobs here people!

J.

Week 7 – Our 21st-Century Regulatory System

We continue to monitor the progress being made on President Obama’s “21^st-Century Regulatory System” initiative intended to not only promote “economic growth, innovation, competitiveness, and job creation," but also to “root out regulations that are not worth the cost, or that are just plain dumb,” and yet at the same time “won't shy away from addressing obvious gaps.” 

Last Monday’s Federal Register had this entry:

SUMMARY: Notice is hereby given of public meetings of five committees of the Assembly of the Administrative Conference of the United States (ACUS). Each committee will consider a research report and will prepare recommendations on the subject of the report for consideration by the full Conference.

Fascinated as we are with the kinds of efficiencies inherent whenever you employ multiple layers of committees reporting to other committees, we decided to look into the inner workings of the “The Administrative Conference of the United States.”

We know what you’re thinking,

"Don’t you think it’s highly inappropriate to discuss something so pedestrian in light of the catastrophe in Japan and the desperate attempts by Celebrity-Americans to do all they can to co-brand the disaster?”

Also,

“The administrative what of the what now?”

The Administrative Conference of the United States, revived by President Obama after a 15-year hiatus, is an independent federal agency dedicated to

“…improving the administrative process through consensus-driven applied research, providing nonpartisan expert advice and recommendations for improvement of federal agency procedures.”

“In addition the Administrative Conference’s mandate includes fostering improvements to the regulatory process.”

In order to fulfill its mission to improve processes through recommendations for improvement including fostering improvements, the Conference is made up of a number of elements including:

The Assembly
The Council
The Committees
The Chairman

The Assembly is the same thing as the Conference:

“The membership of the Conference, also known as the Assembly,… “

“The Assembly is the name given to the full Conference membership.”

The Council suggests things to the Assembly which is the same thing as the Conference:

“Among the Council’s functions are to call plenary sessions of the Conference, propose by-laws and regulations for adoption by the Assembly, review budgetary proposals…”

The Committees are made up of Conference members named by the Chairman under authority of the Council to make recommendations to the Assembly which is the same thing as the Conference:

“The Council delegated to the Chairman the authority to appoint Conference members to the Committees.

 “…the Committees ultimately develop the recommendations that are considered by the Assembly.“

Now, before you pass judgment on the ACUS, you have to remember this:

It has absolutely no real power beyond issuing reports and suggesting things.

So at least there's that.

J.

Week 6 – Our 21st-Century Regulatory System

We continue to monitor the progress being made on President Obama’s “21^st-Century Regulatory System” initiative intended to not only promote “economic growth, innovation, competitiveness, and job creation," but also to “root out regulations that are not worth the cost, or that are just plain dumb,” and yet at the same time “won't shy away from addressing obvious gaps.” 

Another week, another five days of the Federal Register:

Monday, February 28

Mamma Mia!

On August 31, 2010, the U.S. Department of Commerce (``Department'') published a notice of initiation of the administrative review of the antidumping duty order on certain pasta from Italy

Extension of Time Limit of Preliminary Results

We determine that completion of the preliminary results of this review within the 245 day period is not practicable for the following reasons. This review requires the Department to gather and analyze a significant amount of information pertaining to the company's sales practices, manufacturing costs, corporate relationships and an examination of a particular market situation allegation filed by petitioners.

Keeping straight which was the spaghetti and which was the spaghettini cost them six months right off the top and don’t get them started on vermicelli/vermicelloni.

Tuesday, March 1

The downside of innovation.

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy.

ACTION: Notice of petition for waiver

LG's current petition seeks a waiver from the DOE test procedure  because the mass of the test load used in the procedure, which is based  on the basket volume of the test unit, is currently not defined for  basket sizes greater than 3.8 cubic feet. LG manufactures basic models  with capacities greater than 3.8 cubic feet.

“Please allow us to sell a washer that holds more than the government-approved 3.8 cubic feet!  Pleeeeaase…"

Wednesday, March 2

Snow?  In the winter?  We totally did not see that one coming.

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration 12479 and 12480]

SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of New York (FEMA-1957-DR), dated 02/18/2011.

Incident: Severe Winter Storm and Snowstorm.

Remember back when disaster declarations were limited primarily to disasters?  Good times.

Thursday, March 4

The essential role of government, part 123,455:

AGENCY: Food and Drug Administration, HHS.

FDA is planning to conduct an experimental study about certain types of label statements on infant formula, such as those that are either structure function claims or similar to such claims. An example of the type of statements that are of interest is: ``Supports brain and eye development.''... The purpose of the study is to assess women's understanding of and response to various statements on infant formula labels.

Friday, March 5

The essential responsibilities of government, Part 123,456:

Blueberry Promotion, Research, and Information Order; Section 610 Review

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Confirmation of regulations.

SUPPLEMENTARY INFORMATION: The Blueberry Promotion, Research and Information Order (7 CFR part 1218) is authorized under the Commodity Promotion, Research, and Information Act of 1996 (Act) [7 U.S.C. 7411-7425].

…The purpose of the Order is to finance a coordinated program of promotion, research, and information to maintain and expand the market for fresh and processed cultivated blueberries in the United States and abroad.

J.