Tag: regulation

Trump scraps academic EPA air pollution panel

9:39 am

The head of EPA in the Trump administration has scrapped the academic EPA air pollution panel that has dominated the agency’s air quality control standards for decades.

Andrew Wheeler, the acting chief of the U.S. Environmental Protection Agency (EPA), yesterday fired a panel of scientific experts charged with assisting the agency’s latest review of air quality standards for particulate matter. He also scrapped plans to form a similar advisory panel to aid in a recently launched assessment of the ground-level ozone limits.

Those steps, coupled with Wheeler’s previously announced decision to concentrate authority in a seven-member committee made up mostly of his appointees, quickly sparked objections that the agency is intent on skewing the outcome of those reviews in favor of industry.

…Under the Clean Air Act, EPA is supposed to review the adequacy of the standards for particulate matter, ozone and four other common pollutants every 5 years with help from outside experts. While the seven-member committee, officially known as the Clean Air Scientific Advisory Committee (CASAC), has the lead in the process, the [scrapped] review panels are supposed to provide additional know-how in assessing the relevant scientific literature, which can span a variety of academic disciplines.

Essentially the acting administrator is continuing the effort of the former EPA head, Scott Pruitt, to de-emphasize the domination of the leftist academic community in these matters. Naturally, the academics are screaming, but then, screaming has recently become the left’s only debating point in all matters of national discussion.

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UAE passes a space law

7:28 am

The new colonial movement: The United Arab Emuirates Cabinet has passed a space law, supposedly designed to encourage the development of their space sector.

I say “supposedly” because of this:

“Although the details of the new law are not yet publicly available, I believe it has tremendous potential and am excited by the UAE’s incorporation of educational guidelines into the legal framework,” said Sunil Thacker, senior partner at the STA law firm.

It is even unclear whether this lawyer has seen the language. He is quoted extensively, raving about the wonders this new law will bring, but states no specifics. In the top-down sheik-run UAE, he has no other choice.

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Bill increases funding to FAA space office, adds other provisions

7:27 am

A bill about to be approved by Congress increases funding to the FAA Office of Commercial Transportation while also requiring that office to create several new regulatory positions.

The bill authorizes a significant increase in spending for the FAA’s Office of Commercial Space Transportation, or AST, from the $22.6 million it received in fiscal year 2018 to a little more than $33 million in 2019, growing to nearly $76 million in 2023. Appropriators, though, have not matched that authorized increase for 2019, with House and Senate versions of spending bills funding the FAA offering just under $25 million for AST.

The reauthorization bill includes several policy provisions associated with commercial spaceflight as well. One would require the FAA to designate an official within its air traffic organization to serve as the single point of contact for working with the head of AST on airspace issues associated with commercial launch activity.

Another provision establishes an “Office of Spaceports” within AST intended to support commercial licensing of launch sites and develop policies to promote infrastructure improvements at such facilities. It also requires AST to develop a report within one year of the bill’s enactment on spaceport policies, including recommendations on government actions to “support, encourage, promote, and facilitate greater investments in infrastructure at spaceports.” It directs the Government Accountability Office to prepare a separate report on ways to provide federal support for spaceports.

The bill creates a category of commercial spaceflight vehicles known as “space support vehicles” that cover parts of launch vehicles systems flying for other purposes, such as training or testing. Such vehicles would include the aircraft used by air-launch systems. The bill allows commercial flights of space support vehicles without the need for a full-fledged airworthiness certificate from the FAA.

It is hard to say if these provisions will help or hurt the growth of commercial space. It does appear that Congress’s goal was to help, but their methods always include more spending and greater bureaucracy.

The article also reviews a number of bills not yet agreed to by Congress that would address the regulation of Earth observation satellites as well as satellite servicing. It quotes a number of industry experts supporting the laws being proposed, but once again, it is unclear if those laws would help or hurt. My previous review of one of these laws presently working its way through the House was decidedly mixed. It will clarify and simplify many of the regulatory problems that presently exist, while creating more bureaucracy.

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3D gun files still available to public despite judge’s ruling

4:36 pm

Pushback: Despite a judge’s apparently unconstitutional ruling that banned the free give-away of the plans for printing 3D guns, the company that is producing them has instead made them available for purchase, at any price the buyer designates.

The ruling was intensely shaky and a jab to both the First and Second Amendment, so naturally Democrats were aroused.

But their celebration was premature.

Defense Distributed founder Cody Wilson crushed their short-lived happiness during a Tuesday press conference where he revealed that he actually won’t be stopped from sharing technical data; he will simply sell the files via his website, defcad.com. (Yes, he can do this.) “This judge’s order, stopping us from simply giving things away, was only an authorization that we could sell it, that we could mail it, that we could email it, that we could provide it by secure transfer. I will be doing all of those things, now,” announced Wilson.

“A lot of this to me was about principle,” he continued. “For many years, I just chose not to sell these files, because I’m an open-source activist. I believed in demonstrating that there was a right to commit this information to the public domain.”

“But, this is my opportunity to correct the media all in one place. To read headline after headline about how you can no longer 3D-print a gun, you can no longer have these files, this is not true. This has never been true. I now have to demonstrate this to you, forcefully, to deliver the point.”

There is no set price for the material; patrons are asked to give whatever they’d like in exchange. Wilson said the money would be used for further legal fees.

The judge’s ruling was completely bogus, especially since the Trump Justice Department had already settled the suit that the Obama Justice Department had brought. Moreover, since when can a judge ban the publication of any information the U.S.? His ruling appears to violate the First Amendment, and possibly the Second Amendment as well.

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Trump EPA proposes new power plant climate rules

10:23 am

The Trump administration has now proposed a revision to the climate rules established by the Obama administration to limit carbon dioxide releases at power plants.

President Donald Trump’s administration released a plan today to regulate carbon dioxide emissions at power plants, undercutting a much broader effort by former President Barack Obama to slash planet-warming gases.

The U.S. Environmental Protection Agency (EPA) proposal would give states wide latitude for determining how to cut greenhouse gases from the power sector, a key contributor in the U.S. to climate change. The proposed rule is far narrower than the Obama plan, which sought to cut emissions across the power sector rather than only at individual plants.

On the campaign trail in 2016, Trump promised to repeal Obama’s rule, called the Clean Power Plan. His administration stopped short of that today and is instead offering a weakened alternative to avoid a potentially damaging defeat in court.

Based on the article and the actual proposal [pdf], I am far from convinced this change reduces regulation that much. It appears to shift the regulation to the states, but whether this simplifies things for power plant operators is very doubtful.

Not surprisingly, the Democrats and various leftist environmental groups oppose the change. Expect lawsuits, since it is absolutely forbidden for any subsequent president to ever change policies set by past Democratic presidents.

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Researchers say cubesats with propulsion systems must have encrypted software

9:01 am

Capitalism in space: Researchers from Yale University are recommending that the smallsat industry establish rules requiring all future cubesats that carry their own propulsion systems be encrypted to prevent them from being hacked.

That research by a team of graduate students, presented at the AIAA/Utah State University Conference on Small Satellites here Aug. 9, recommended the space industry take steps to prevent the launch of such satellites to avoid an incident that could lead to a “regulatory overreaction” by government agencies. “We would propose as a policy that, for those cubesats and smallsats that have propulsion, that the industry adopt a ‘no encryption, no fly’ rule,” said Andrew Kurzrok of Yale University.

That recommendation comes as cubesat developers, who once had few, if any, options for onboard propulsion, are now looking to make use of more advanced chemical and electric propulsion systems. Some of those technologies can provide smallsats with large changes in velocity, which can enable major orbital changes.

Kurzrok and colleagues at Stanford University and the University of Colorado modeled several different propulsion systems on a notional 10-kilogram nanosatellite, assuming the spacecraft was in a 300-kilometer orbit and that the propulsion systems accounted for half the spacecraft’s mass. The results ranged from the satellite reaching medium Earth orbit altitudes within two hours when using chemical propulsion to passing geostationary orbit in about a year with an electric propulsion system.

The scenario involving the nanosatellite with chemical propulsion is particularly troubling, he said. “What are the abilities within two hours to track that something isn’t where it’s supposed to be and then warn or take some sort of secondary action?” he said, concluding that the satellite reaching GEO in a year is a much less plausible threat.

The concern, then is a scenario where hackers are able to take control of a satellite and redirect it quickly.

Getting encryption for their software would raise costs, but it really is the cost of doing business. Better for the industry to create these rules than wait for the federal government to step in, as the government regulation will certainly end up being more odious and difficult to change.

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New York shuts down 7-year-old’s lemonade stand

9:58 am

Fascist New York: Because of complaints by commercial vendors, New York bureaucrats moved to shut down a 7-year-old’s lemonade stand.

Soon-to-be second-grader Brendan Mulvaney ran afoul of government regulators last Friday when vendors at the Saratoga County Fair in upstate Ballston Spa whined to a state health inspector that he had no permit to sell refreshments from his family’s front deck just outside the fairgrounds.

Being just a kid, he was also undercutting their pricey drinks by nearly 90 percent, selling lemonade for just 75 cents — a significant discount from the $7 cups inside the fair. He also peddled $1 snow cones and bottled waters. The vendors griped to a state health inspector doing a routine inspection of the fair, and his next visit was to the Mulvaneys’ home. He promptly ordered the stand shut down, leaving the family shocked.

Note that the stand is on the family’s porch, on private property. The boy has has also been operating it for three years, with no problems.

Essentially, the local vendors used the government as a hammer to smash the competition, even if it was something as innocuous as a child’s lemonade stand. And New York, being a fascist state run by fascist Democrats, immediately moved to do the bidding of those vendors.

The government, embarrassed by this, is now trying to fix it, but they still claim that a permit is required for the stand. How nice of them! In modern New York, no one is allowed to start a business without government permission!

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San Francisco legislators propose banning company cafeterias

4:02 pm

Fascist California: Two San Francisco supervisors plan to introduce local legislation that will ban companies from having their own cafeterias for employees.

The measure, proposed by Supervisor Ahsha Safai and co-sponsored by Supervisor Aaron Peskin, would adjust zoning laws to ban workplace cafeterias moving forward, but would not be retroactive.

Peskin said the measure, was inspired by tech companies like Twitter and Airbnb, which are widely known to have access to dining in their own buildings, depriving nearby restaurants of the dollars usually spent by nearby workers. The measure has the support of Gwyneth Borden, executive director of the Golden Gate Restaurant Association and other local merchants.

Under the legislation which is expected to be introduced Tuesday, “you can’t have an industrial kitchen in your office building,” Peskin said. Peskin said the legislation sought to avoid the “Amazon effect that impacts retail and restaurants across the county,” he said. “This is forward thinking legislation.”

Isn’t it amazing how these leftists think that they not only have the right to dictate how everyone else lives their lives, they are also arrogantly convinced that they are anointed with the perfect wisdom necessary to impose their will.

As I have said, California is not a place you should consider moving to, at this time. It is heading for Venezuela, and should get there in about a decade.

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House committee approves new space weather bill

9:25 am

The House Science Committee yesterday approved new space weather bill that would shift responsibility for coordinating the government’s space weather observation capabilities to the National Space Council, while also creating a pilot commercial program for launch weather satellites.

It appears there was some heavy political maneuvering involved with this bill, as there was a late switch of language that changed its focus.

The new text has a strong focus on the private sector. In the policy section, for example, it explicitly states that “space weather observation and forecasting are not exclusive functions of the Federal Government” and the government “should, as practicable, obtain space weather data and services through contracts with the commercial sector, when the data and services are available, cost-effective, and add value.” The bill requires the Secretary of Commerce to establish a pilot program for obtaining space weather data from the private sector that appears analogous to NOAA’s commercial weather data pilot program.

The Senate will still have to review and approve this new bill.

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Changes to big August 3 commercial crew announcement do not bode well

8:58 am

On August 3 NASA is planning on making a big announcement concerning its commercial crew program. Yesterday the agency revealed that the NASA administrator, Jim Bridenstine, will reveal the names of the crew for the first commercial crew flight.

The changes in how that announcement will be made however suggest that they had hoped to make a bigger announcement and have been forced to back off. Initially, vice president Mike Pence was to have made the announcement. He has now canceled his participation. Also, there had previously been rumors that the announcement would have included the launch dates for both SpaceX’s and Boeing’s first flights. That the new press release makes no mention of dates suggests the dates have been delayed.

I hope I am wrong.

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Santa Barbara requires jail time for giving out plastic straws

6:09 pm

Fascist California: The city of Santa Barbara has now passed a law that will impose jail time to any restaurant employee who hands out plastic straws.

The city of Santa Barbara has passed an ordinance that will allow restaurant employees to be punished with up to six months of jail time or a $1,000 fine for giving plastic straws to their customers.

The bill was passed unanimously last Tuesday, and covers bars, restaurants, and other food-service businesses. Establishments will still be allowed to hand out plastic stirrers, but only if customers request them.

This is always how fascist states begin, by passing what seems to be very innocuous laws that have golden and pure good intentions. They they pass more laws, and more laws, and impose stricter rules, and demand more and more from everyone, until the only individuals who are free are those in charge, since none of these rules are ever applied to them.

California has been traveling this road already for many years. They are right now about a decade behind Venezuela. I would not move there, at this time, if I were you. You will regret it.

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Trump administration proposes revisions to Endangered Species Act

8:58 am

The Trump administration has proposed some regulatory revisions to Endangered Species Act that would scale back somewhat its sometime draconian powers.

The proposed regulatory changes are both technical and consequential. One, for instance, bears the deceptively dull title of “elimination of blanket 4(d) rule” (E&E News PM, 4 April). The ESA prohibits the “take” of species designated as endangered, while Section 4(d) of the law allows the agency to establish special regulations for threatened species. In 1978, FWS used this authority to extend the prohibition of take to all threatened species. This is known as the “blanket 4(d) rule.”

Take covers a wide range of actions, including those that “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect” a threatened or endangered species. This blanket 4(d) rule for threatened species can be modified by a species-specific 4(d) rule.

Conservatives and private-property advocates have previously sought to scale back the blanket 4(d) rule, which they say erases what should be a meaningful distinction between threatened and endangered species. The proposal would cover only future listings. “Some of our regulations were promulgated back in 1986, and frankly, a great deal has been learned by the agencies administering the act and by the public,” Deputy Interior Secretary David Bernhardt told reporters today.

Another change would establish that the “foreseeable future” definition used in making ESA listing decisions extends only so far as officials “can reasonably determine that the conditions posing the potential danger of extinction are probable.”

A potentially key change involves critical habitats, which are areas important for recovery of a species. Sometimes an area can be considered important for recovery even when it is not currently occupied by the species in question. Under the new proposal, FWS and NOAA Fisheries will designate unoccupied critical habitat only when the occupied areas are inadequate to ensure the conservation of the species or if inclusion of unoccupied areas would yield certain other specified benefits.

In some “rare” cases, officials say, there may be no critical habitat designated.

The article above, from the journal Science, shocked me by its reasonable discussion of these proposed changes. I had expected an anti-Trump screed, similar to the original version of this Daily Mail article from yesterday. Today it reads more reasonably, but yesterday the article was far more devoted to airing opposition to the Trump proposals.

No matter. There is madness out there, it has taken possession of the entire anti-Trump community. It won’t make a difference how reasonable the administration’s proposals might be, there will be over-the-top declarations about the evils of these proposals and how they will destroy everything.

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