Eleven Hoops for Regulations

Back in the day I once had responsibility for processing ASCS regulations to the Office of the Federal Register.  My memory fades, but I believe in the Nixon administration the text of a regulation moved directly from the preamble to the table of contents or other text.  Beginning perhaps with Ford's requirements on clearing big regs for their inflation impact, successive Presidents have added more and more hoops for the poor reg writer to jump through.

A recent FSA rule caught my eye.  There are eleven different sections citing requirements (EO 13771 is the Trump one.) 

 

Executive Orders 12866, 13563, and 13771

Executive Order 12866, “Regulatory Planning and Review,” and Executive Order 13563, “Improving Regulation and Regulatory Review,” direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasized the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Office of Management and Budget (OMB) designated this rule as not significant under Executive Order 12866, “Regulatory Planning and Review,” and therefore, OMB has not reviewed this rule. The rule is not subject to Executive Order 13771, “Reducing Regulation and Controlling Regulatory Costs.”

Paperwork Reduction Act of 1995

Pursuant to the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35, subchapter I), the collections of information in this rule have been approved by OMB under control number 0563-0053.

E-Government Act Compliance

USDA is committed to complying with the E-Government Act of 2002, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes.

Unfunded Mandates Reform Act of 1995

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. This rule contains no Federal mandates (under the regulatory provisions of title II of the UMRA) for State, local, and tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA.

Executive Order 13132

It has been determined under section 1(a) of Executive Order 13132, Federalism, that this rule does not have sufficient implications to warrant consultation with the States. The provisions contained in this rule will not have a substantial direct effect on States, or on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

Executive Order 13175

This rule has been reviewed in accordance with the requirements of Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments.” Executive Order 13175 requires Federal agencies to consult and coordinate with tribes on a government-to-government basis on policies that have tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
USDA has assessed the impact of this rule on Indian tribes and determined that this rule does not, to our knowledge, have tribal implications that require tribal consultation under E.O. 13175. If a Tribe requests consultation, USDA will work with the Office of Tribal Relations to ensure meaningful consultation is provided where changes, additions and modifications identified herein are not expressly mandated by Congress.

Regulatory Flexibility Act

USDA certifies that this regulation will not have a significant economic impact on a substantial number of small entities. This regulation is a conforming amendment to a final rule published by FCIC that states the Federal crop insurance program is the same for all producers regardless of the size of their farming operation. For instance, all producers are required to file an AD-1026 with FSA to be eligible for premium subsidy. Whether a producer has 10 acres or 1,000 acres, there is no difference in the kind of information collected. To ensure crop insurance is available to small entities, the Federal Crop Insurance Act (FCIA) authorizes FCIC to waive collection of administrative fees from limited resource farmers. FCIC believes this waiver helps to ensure that small entities are given the same opportunities as large entities to manage their risks through the use of crop insurance. A Regulatory Flexibility Analysis has not been prepared since this regulation does not have a significant impact on a substantial number of small entities, and, therefore, this regulation is exempt from the provisions of the Regulatory Flexibility Act (5 U.S.C. 605).

Federal Assistance Program

This program is listed in the Catalog of Federal Domestic Assistance under No. 10.450.

Executive Order 12372

This program is not subject to the provisions of Executive Order 12372, which require intergovernmental consultation with State and local officials. See 2 CFR part 415, subpart C.

Executive Order 12988

This rule has been reviewed in accordance with Executive Order 12988 on civil justice reform. The provisions of this rule will not have a retroactive effect. The provisions of this rule will preempt State and local laws to the extent such State and local laws are inconsistent herewith.

Environmental Evaluation

This action is not expected to have a significant economic impact on the quality of the human environment, health, or safety. Therefore, neither an Environmental Assessment nor an Environmental Impact Statement is needed.

Morell on Many Things

I recommend the Politco interview by Susan Glasser of Michael Morell, former CIA big shot.  What especially struck me was his ability and instinct to try to understand and present things from the other's point of view: as in how Trump viewed/s the intelligence community as affected by people from the community, like Morell, opposing his election, as in how Putin views America, as in how world leaders view Trump.

Changing My Mind on AI

This report by kottke on the advances in AI, particularly the advances in learning, makes me change my mind.  I've been relatively conservative on my expectations for AI.  I remember back in the late 80's getting excited by the possibility of using AI to make "person " determinations for payment limitation purposes.  That evaporated under the pressure of other demands on time and resources and the wide gap between us program specialists and the private consultant types we were talking to.

Over the years I've followed with some interest the progress of chess playing software, which finally beat the best human player a few years ago.  But the slowest of the progress and the narrow limits of the field meant to me I should take the dramatic predictions of the future of AI with a big dose of salt.

But now I've changed.  Why?  Because of the advance in AI in learning how to do AI. If I understand it, the key is setting a desired criteria--what it means to "win" a chess game--provide starting conditions and letting the computer teach itself, by playing itself repeatedly and changing the program used based on the outcome--if a difference in the program brings the outcome closer to the desired criteria, incorporate it.

So the important thing is the improved strategy for AI, and presumably a strategy which can be applied to any situation where you can identify a desired criteria, a definite outcome.  It's "learning how to learn" applied to software. 

[Update: a piece in Technology Review on the subject. Perhaps a bit more balanced than the Kottke piece.]

How Times Have Changed: Test Data

The Times had an article on the theft by three Homeland Security employees of a set of personal data of DHS employees.

What were they going to do with the data?

Well, they were going to write software, or rather copy  and modify the IG's software for managing IG cases and sell it to other IG's.  And the stolen data was going to be used to test the software as they developed it.

What a change in 30 years.  Back in the 1980's and early 90's I very casually moved around sets of live data saved from county office systems to serve as the basis for testing new software.  While we had the Privacy Act requirements, we weren't really conscious of privacy restrictions and security.  Consequently I, and others, could do then what would be firing offenses today.

USDA Attorneys

Politico reports on a problem with USDA attorneys: conflict between the union and their new leader.  (I didn't realize the attorneys had a union.  I wonder if it's a heritage from New Deal days.  Some of the attorneys then were notably left-wing, even communist, so likely they'd be activists on their own behalf as well as the rural poor.)

Looking on the Bright Side

I've the Pollyana gene, no doubt inherited from my mother.  In that spirit I'd like to remind people that things have been bad before.  Erik Loomis at Lawyers, Guns and Money reposts a Kansas City Star reprint of a 1973 Art Buchwald column, providing a list of canned excuses to be used by defenders of Richard Nixon.  The content and logic apply as well for today's defenders of our President. 

Bottomline, we survived Tricky Dick regardless of the damage he did to our institutions; we'll survive Don the Despicable.

Trump Stumps Computers?

From the ever-reliable Kevin Drum, as the end to a post on AI advances:

"Alternatively, this merely represents the Donald Trump effect. News articles in 2017 are stuffed with bizarre Trump quotes, and even the best machine translation software probably chokes when it tries to make sense of them. When it comes to bafflegab, humans are still the world champs."

Republicans Favor Drunks?

Vox notes that the Senate tax bill cuts taxes on alcohol by 16 percent.

IMHO that's the wrong way to go.  Taxes should be raised, simply because alcohol is dangerous to society.  That's one principle the founding fathers believed in, witness the whiskey tax.

The Lessons of 1999

Somewhere I got this link to the Sixty Minutes piece on Amazon from 1999.  Pelley's ambivalence about Amazon shows up.  He and a Wall Street type are amazed that it's more valuable than Sears. And the standard of value cited for Internet companies is Yahoo.

(I note I was one of the 2 million new Amazon customers in 1998.)

Newbie Farmers Risk Life and Limb?

From the Rural Blog:
"Bill Field, who has tracked farm fatalities for almost 40 years, says that almost a quarter of Indiana's farm fatalities over the past four years were on hobby farms, Rick Callahan reports for the Associated Press.

USDA map; click on the image to enlarge it

Part of the problem is that hobby farmers tend to be amateurs who were lured to farming from other careers, and don't have the experience to avoid common farm accidents

We Used To Be a Lily-White Nation

I exaggerate, of course, but...

I write of the "public nation", as opposed to the "real nation".  The "public nation" is the nation reflected in the culture, the America which Trump wants to make great again, the America which liberals think is evolving to fulfill the promises of past history.  Maybe I'll write more on the concept sometime, but this is mostly based on my personal history:

Take 1946 as an example: blacks (Negroes in the proper parlance of the time) were not seen on television--there wasn't much then.  They weren't in sports, not visibly.  Not in pro basketball, not in pro baseball, not in pro football, not in horse racing to name the major sports then. They were in evidence in track and field and in boxing (Joe Louis).

Negroes weren't in movies, much, other than as servants.  They weren't in national politics, a couple representatives (William Dawson and Clayton Powell).  Probably the most powerful Negro was the head of the Brotherhood of Sleeping Car Porters.

Declension

Back in the day you could tell by the name whether the name was the first name or the last name.  And you could tell whether the person was male or female.  No longer.

Our Democracy

From a Brad DeLong post:

• 178.4 million people are represented by the 48 senators who caucus with the Democrats.
• 144.1 million people are represented by the 52 senators who caucus with the Republicans.
• 65.9 million people voted for Hillary Rodham Clinton and Tim Kaine to be their president and vice president
• 63.0 million people voted for Donald Trump and Mike Pence to be their president and vice president.

When Was the "Back-to-the Land Movement?"

Even academics don't know their history--there was a significant movement of people from cities back to the rural areas during the depression. So I beg to differ with the bolded quote from Jstor.

If historic recipes are a form of folklore, what do the cookbooks from the American communes of the 1960s and 1970s tell us about the communards and their influence? Quite a bit, writes Stephanie Hartman. Her survey of these cookbooks points out that our current interest in the slow food movement and “clean” eating are offshoots of that original back-to-the-land movement. The cookbooks created by communes were often informed by a counter-cultural critique of industrial food practices.

Just another instance of the boomers self-absorption, I guess.

Jobs, Automation: Craft Brewing and Women's Cheesemaking

Had lunch Wed in a Herndon strip mall, next door to a craft brewery which throughout our lunch had a long line of people buying their new release.  That's new, at least new to me.  Back in the day we had a bunch of companies each brewing their own brand.  Then the whole industry consolidated into a couple/three big conglomerates, killing most of the brand names.  Then we saw the gradual growth of micro-breweries, and then a rapid expansion.  See this page for statistics from the brewers association.  It's going so fast wikipedia can't keep up.

Meanwhile the paper (NYTimes?) recently had an article on women farmers making cheese.  Also a new thing. And finally today the Post has a piece on new young farmers, who are described as being part of what I'd call the "food movement" (i.e., small, organic, community supported ag).

Seems to me in the recent debate over AI and the likelihood of robots replacing humans in all jobs we forget the ability of humans to invent new desires and to invest their time in uneconomic ways.  Can we create robots which are irrational?

Nuclear War II

An excerpt from an interview with Sen. Cardin, as a followup to my previous post:

And the nuclear command structure, which was developed during the Cold War for two nuclear superpowers with the concept of mutual destruction if either party decided to use it—that premise is no longer valid, because the chances of a nuclear conflict are more with a North Korea-type country than it is with a Russia or China-type country.
So, we could now have a more deliberative process under the presidential command for the use of nuclear weapons, and I think Congress is looking for a way to assert itself in that regard.