Category Archives: Federal Regulation (U.S.)

Bump Stock Ban now official nationwide – Supreme Court

Repost from NPR News
[See also the New York Times report.]

Bump Stock Ban Proceeds After Supreme Court Denies Gun Makers’ Request To Halt It

By Laurel Wamsley, March 28, 201912:54 PM ET
A bump stock, left, is a device that can be added to a gun to increase its firing speed. The devices were banned by the federal government his week. George Frey/Getty Images

The U.S. Supreme Court officially denied an appeal from gun makers seeking to stop a Trump administration ban on bump stocks, the gun add-ons that can dramatically increase their rate of fire. The ban went into effect on Tuesday.

Gun makers had filed separate appeals to Chief Justice John Roberts and Justice Sonia Sotomayor, requesting a temporary hold on the ban. Roberts denied one appeal earlier this week; Sotomayor referred hers to the full court, which denied it on Thursday, allowing the ban to proceed while challenges to it move through the courts.

Bump stocks gained national attention after they were used in the October 2017 mass shooting in Las Vegas, where a gunman used bump-stock outfitted rifles to kill 58 people at an outdoor concert.

The ban requires bump stocks to be destroyed — such as by melting, shredding or crushing — or handed over at an office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The ATF recommends making an appointment with the ATF office beforehand.

As NPR’s Bill Chappell reported on Wednesday, the anticipation of a ban spurred sales of the devices:

RW Arms, a prominent bump stock retailer based in Fort Worth, Texas, says its entire remaining inventory of 60,000 bump stocks has now been turned over to the ATF’s custody. The items will be “shredded and recycled under the supervision of ATF agents,” the company said.

In the run-up to the total ban, RW Arms had rushed to sell as many bump stocks as it could, posting a countdown clock on its website to warn customers of the impending change. Its bump stocks were priced at between $179 and $199; the website now says they’re out of stock.

The ATF isn’t saying exactly how many bump stocks have been turned in so far — in large part because there are many ways for gun owners to comply with the law. But the agency’s chief of public affairs, April Langwell, says bump stock owners have turned the accessories in at ATF field offices “all across the country.”

Some states and cities banned the devices more than a year ago.

Government deregulation without limits – FAA comes under criticism

Repost from The Register-Guard, Eugene, OR
[Quote: “When something bad happens, the government will take action — but over time those regulations and requirements wind up being dropped, reduced or delayed. The 2017 fatal Amtrak derailment near Tacoma, the 2016 oil train derailment in the Columbia River Gorge, the 2010 Deepwater Horizon oil disaster in the Gulf of Mexico, the 2008 financial crisis and countless other events could have been prevented.”]

Deregulating? DeFazio’s watching

Posted Mar 27, 2019 at 12:01 AM

The Boeing 737 jet crashes raise troubling questions that go far beyond one company’s safety record and one federal agency’s watchdog role.

The history of the Boeing 737 MAX 8 aircraft suggests it is an example of how the government’s regulation-and-oversight pendulum has swung too far. The Federal Aviation Administration has lacked both the money and the inclination to adequately oversee aircraft development, instead relying heavily on companies to do their own testing.

Oregon Rep. Peter DeFazio is demanding answers. The Springfield Democrat chairs the U.S. House Transportation and Infrastructure Committee. The committee’s investigative staff is doing research, and DeFazio then plans to hold hearings.

“This is really, really raising questions about the FAA as a watchdog,” he said in a meeting with The Register-Guard editorial board.

A faulty sensor is being investigated as one cause, and Boeing is working on a software fix. The two-sensor system was developed as a safety feature to prevent a plane from stalling. But it appears the failure of just one sensor can send the aircraft into a powerful, possibly irreversible dive unless the pilots override the system within 40 seconds, according to a New York Times report this week.

DeFazio promises a tenacious investigation. Among the questions are why the system was designed this way, whether the aircraft was unsafely rushed to market, and why the FAA and Boeing did not require extensive retraining of pilots.

“This is the first time Boeing has put in a system that took over the plane automatically,” he said. “And they didn’t think they needed to tell people about it — because it’s different from any other Boeing plane ever made?

“Obviously, maybe not the best idea.”

For years, the FAA has lacked sufficient inspectors and has outsourced much of that responsibility to the manufacturers. But the FAA is not unique. We now have a government that relies on the honor, integrity and self-supervision of the industries it regulates.

When something bad happens, the government will take action — but over time those regulations and requirements wind up being dropped, reduced or delayed. The 2017 fatal Amtrak derailment near Tacoma, the 2016 oil train derailment in the Columbia River Gorge, the 2010 Deepwater Horizon oil disaster in the Gulf of Mexico, the 2008 financial crisis and countless other events could have been prevented.

“It’s repeated time and time again,” DeFazio said. “There are limits to deregulation, which in many cases have been exceeded.”

Oregon has its own history of unwatchful eyes. The Cover Oregon health insurance fiasco could have been averted through closer, more-knowledgeable oversight and insistence on stronger testing of the technology throughout its development. Better oversight — not to mention much-better planning in the first place — might have saved the state from wasting millions of dollars in the Highway 20 reconstruction between the valley and the coast.

Each time, government and the public vow to learn from these lessons. Then we relax and we forget.

When DeFazio and his congressional colleagues find the answers they are seeking, our government should heed them.

Jay Inslee for the Climate, and for President

Repost from Nate Silver’s FiveThirtyEight
[Editor: I am not endorsing Inslee here, but I’m impressed.  The ONLY criterion for my vote will be the ability to draw us together to defeat of the malfeasant now holding the office of president.  – R.S.]

How Jay Inslee Could Win The 2020 Democratic Nomination

By Christie Aschwanden and Geoffrey Skelley, March 1, 2019, 7:00 AM

TOC-INSLEE-4×3In his 2020 presidential announcement video, two-term Washington Governor Jay Inslee declares that climate change is the “most urgent challenge of our time.”

Inslee intends to make climate change his signature issue. “I have heard from around the country that people believe that this issue demands priority, and it demands a candidate from the Democratic Party that will make it front and center,” he told FiveThirtyEight before his campaign announcement. He’s convinced that when voters see his work on climate change along with a laundry list of progressive achievements, it’ll be enough to become the nominee.

But to do that, he first has to beat the Democratic field. As a whole, Inslee has a solidly liberal record, one that could conceivably attract voters on the left of the party. But that could be a crowded part of the field, with well-known names such as Elizabeth Warren and Bernie Sanders already running. Sanders, for example, has increasingly sought to make climate change one of his core issues, which could steal some of Inslee’s thunder. Still, Inslee probably will be one of the few Democratic governors running, and his ability to point to tangible accomplishments rather than just rhetoric could allow him to differentiate himself from many other Democratic contenders.

As governor of Washington, Inslee has built a record of economic growth for which he credits his progressive policies. Among those policies are a minimum wage that is more than 50 percent higher than the federal one, a family leave policy1 that allows some workers to take up to three months of paid leave for a medical condition or to care for a new child or ailing family member, and a law that requires workers to receive equal pay and career advancement opportunities regardless of gender. Inslee has overseen an expansion of college financial aid for undocumented students and a large-scale transportation infrastructure program. He’s confident his record would help him beat President Trump.

But Inslee’s candidacy also relies on an unproven gambit: that climate change can be a winning issue in the 2020 Democratic primary.

At first glance, climate change may not have sufficient salience to carry a presidential campaign. It received little attention during the 2016 presidential race. In three presidential debates and one vice presidential face-off, the topic was never raised specifically.

But Inslee said the time is right to make climate change a central issue because it’s no longer a hypothetical but something that “touches everyone in every part of the country” and “every aspect of life.”

Just before the 2018 midterm elections, Gallup released findings that placed climate change as the fifth-most-important issue to Democratic voters, behind topics like health care and wealth inequality. Still, 75 percent of Democrats said it was an extremely or very important topic, compared with just 27 percent of Republicans. We can see how much the parties have diverged on the issue using a Gallup question that looks at concern about climate change. In 1990, the share of Americans who worried a great deal or a fair amount about global warming did not really differ by party identification. Today, Democrats and Republicans are a world apart.

Given the level of concern among Democrats, perhaps a campaign that homes in on climate change can help Inslee make inroads on the left during the primaries. It’s a topic receiving a lot of attention at the moment because of the proposed “Green New Deal” being pushed by some progressive Democratic House members. Moreover, Democrats can easily use the issue to attack the president’s record. The Trump administration has hindered efforts to address global warming by withdrawing the U.S. from the Paris climate agreement and working to roll back auto fuel efficiency standards.

But putting climate change ahead of all other issues could be risky, Stanford University psychologist Jon Krosnick said. He has helped lead national surveys of public opinions on climate change since 1995 that have found that most voters don’t make their ballot box decisions based on climate change alone. Krosnick’s surveys show that about 18 percent of voters are passionate about climate change, which means that “taking a stand on this issue is electorally very wise, but making this a signature issue is probably unwise.”

Inslee plans to try anyway. He’s framing climate change as a threat to national security that warrants a huge government response on a scale akin to the Manhattan Project or NASA’s program to put humans on the moon. “This is the eleventh hour, but it should be our hour to shine and for we, as Americans, to do what we do best, which is to create, innovate and build,” Inslee said. His goal is to make the economy less reliant on fossil fuels over the next several decades, a task he called “a massive undertaking requiring a huge concentration of our intellectual talents, our entrepreneurial zeal, and to some degree, our investment.”

To achieve this goal, he advocates for clean fuel standards to reduce emissions from vehicles. He wants to revamp the U.S. electrical grid with a 100 percent clean power plan like the one he’s pushing for in his state of Washington, make buildings “net zero” emissions with stringent building codes, and promote alternative energy with subsidies.

It will be interesting to see whether he proposes a carbon tax to help him accomplish some of those goals. It’s an approach that has broad support from economists across the political spectrum, yet Inslee has been unable to get one passed by voters or the legislature in his own state. He doesn’t think that makes it kryptonite. “A carbon tax is just one of the tools in the toolbox,” he said, adding that it may not be the most important one. The carbon tax that failed in Washington didn’t derive most of its carbon savings from the signal to consumers sent by higher carbon prices, Inslee said, but, rather, from “putting people to work on building and installing solar arrays and building homes and businesses that are net zero. That’s where you’ve actually got the carbon savings.”

Is the failure of that carbon-tax measure in his own state an omen or just a bump in the road for Inslee? Whichever it is, it hasn’t nudged him off his strategy. “I believe that contrast is good in elections,” Inslee said, and the contrast between Democrats and Republicans on climate issues is stark. “We should embrace that contrast, magnify it, and run with it.”

Open letter to Rep. Thompson, Sens. Feinstein & Harris – Oil and Flammable Material Rail Transportation Safety Act

By Roger Straw, January 30, 2019

Dear Rep. Thompson, Sen. Feinstein and Sen. Harris:

Roger Straw, The Benicia Independent

I read today that U.S. Rep. Jaime Herrera Beutler, Washington 3rd District, reintroduced her 2018 bill to undo the reckless action of the Trump Administration’s Department of Transportation.  (See article from The Columbian reposted at right (or below).

Please review this important legislation,  H.R.851, the Oil and Flammable Material Rail Transportation Safety Act(Link goes to Congress.gov.)

Recall that my city, Benicia, California, is traversed by a major Union Pacific rail line that transports hazardous materials to and from refineries in the Bay Area.

During Benicia’s  lengthy and successful 2013-2017 opposition to Valero Refinery’s “Crude by Rail” proposal, Benicia residents and officials became highly aware of the need for “Positive Train Control,” (PTC), or electronically controlled pneumatic braking systems.  This essential safety measure was initiated after a horrific crash in our state in 2008, and has suffered long delays due to railroad intransigence.  Background from the Sacramento Bee:

The federal government first mandated the PTC system for major railroads after a Metrolink passenger train engineer became distracted by text messages on his cell phone, causing the train to go through a red signal and crash head-on into a freight train. The 2008 crash killed 25.

Railroads have been slow to install the system, complaining it is complicated and costly. The federal government has repeatedly extended the deadline for railroads to have the system fully up, tested and running. The initial deadline of 2015 was first extended to the end of 2018, but that deadline, too, was extended for some railroads to 2020.

As you may be aware, last September the Trump administration gutted previously adopted rail safety regulations calling for PTC and other rail safety measures.  See background from the Associated Press and several others.

Also please be aware of an investigation initiated by Sens. Wyden and Merkley of Oregon.

Please review this important legislation, H.R.7076, the Oil and Flammable Material Rail Transportation Safety Act and consider joining with Rep. Herrera Beutler in support.

Roger Straw
Benicia, California
The Benicia Independent

Repost from The Columbian

WA Rep. moves to reinstate rail safety rules – Trump admin rolled back Obama-era regulations last year

Rep. Jaime Herrera Beutler, R-Battle Ground, has reintroduced a bill to reinstate oil train safety regulations. The rules, implemented by the Obama administration in 2015, were rolled back last year.

The regulations required trains carrying oil or other flammable materials to update air-controlled braking systems with electronic brakes. But the U.S. Department of Transportation previously determined the cost to outfit trains with new braking systems outweighed the safety benefit.

Herrera Beutler first introduced the bill, known as the Oil and Flammable Material Rail Transportation Safety Act, to bring back the safety requirements in October.

“With trains carrying hazardous materials through Southwest Washington, it is paramount we increase safety for the nearby communities,” Herrera Beutler said in a press release. “I’m committed to reversing the decision by the U.S. Department of Transportation to ease this critical safety regulation, and reinstating the braking upgrade requirement for trains carrying flammable liquids.”

The Washington State Department of Ecology classifies Southwest Washington as a major oil train corridor, with hundreds of millions of gallons of crude oil moving through the region each year.

“As a community that has oil trains regularly running through our commercial areas, neighborhoods and downtown, Vancouver is very supportive and appreciative of Congresswoman Herrera Beutler’s efforts to reinstate the requirement that oil trains transition to the much more effective electronic pneumatic brakes,” Vancouver Mayor Anne McEnerny-Ogle said in a press release.