Monday, March 17, 2014

FAA-2012-0731-0008

"Your comment will be viewable on Regulations.gov after the agency has reviewed it, which may be an indefinite amount of time. Use your tracking number (1jy-8b0e-kk6c) to find out the status of your comment." FAA

Here is my comment on AD FAA-2012-0731-0008:

We completed this AD on our 1972 PA-32-300 last March and I'm still angry. I'm angry because the FAA, once again, grossly under estimated the cost of AD compliance.

FAA - Inspection of the horizontal stabilator control system takes 5 hours.

FAA - Replacement of stabilator control cable per set at $1,558 parts and labor.

The AD specifically instructs the mechanic to inspect the cables and it would seem that FAA believes this can be done without removal. I talked to three shops and none of them would sign off on the work unless the cables were removed and inspected. I carefully read the AD, looked at diagrams, talked to mechanics and it was clear, removal was necessary. Two of the three shops strongly suggested it would be cost effective to skip the inspection and just purchase new cables which we did.

So the reality of this AD isn't a cable inspection. It's the removal and replacement of two sets of cables which the FAA estimates the cost to be $3,116.

If the mechanics I talked to and my analysis of what needs to be done as per the AD are correct, using the FAA numbers the compliance of this AD will cost Piper owners over $105,984,508!

You should budget more closer to $3,500 to $4,000 and use a shop experienced in this repair.

FYI, our cables were stretched but had no corrosion. It's clear the previous inspection requirement, if done, was good enough but there should be something more the FAA could do to make it clear this was a serious problem in lieu of a full blown $125 million repair.

When you look at the real cost of this AD, the amount of work needed, the hard physical labor, rubber mallet hammering alone... The cable replacement was absolutely a back breaker and it makes you wonder how many cable replacements will result in subsequent problems?

On the flip side, during the AD we took the opportunity to remove, paint and reinstall the horizontal stabilator which turned out to have significantly worn bushings. The result was a much tighter trim control and a horizontal stabilator with zero flutter/slop which improved performance.
 

Saturday, March 15, 2014

Inbound Washington D.C.

Many Americans don't realize that small General Aviation (GA) planes can and often do land at every large public airport in the United States with the exception of one... Reagan National in Washington, D.C.


From Dulles to Dallas, JFK to LAX, large airports, combined with small GA airports serve General Aviation and the public at large.  Even if you have never been to a small GA airport there is a good chance the person flying you home for Thanksgiving trained at one.

The Coast Guard, Air Force, Army and even the Navy (just one) have air bases open to General Aviation so why is Regan National closed?

Just prior to the US invasion of Iraq in 2003 the FAA temporarily closed a huge chunk of airspace around Washington D.C. as a precaution.  In 2006 the FAA issued a Notice proposing the temporary rules become  permanent and subsequently over 20,000 responses were received, of which the vast majority were in opposition to making the temporary rules permanent.

There were two public hearings and every speaker, expert and common pilot alike was opposed, yet without Congressional approval the air space around D.C. was essentially shut down permanently to GA traffic, aka the flying public.  Originally the closure involved over 11,000 square miles impacting 33 General Aviation airports but the FAA later reduced this to roughly 2,800 square miles impacting just four airports consisting of three in Maryland called the "Maryland Three" and Reagan National.

If you take an online course, submit to a federal background check, get fingerprinted at Reagan National, report in person to the FAA field office at BWI and meet with one the Maryland Three security officers you will likely be assigned a special code and phone number to use when filing a flight plan into the Maryland Three.  However, Reagan National still remains off limits.

There was a time when pictures like the one above were common place.  Our Capital was open to the public on the ground and sky.  Many pilots for years have argued the Washington DC Special Flight Rules Area (SFRA) is unnecessary  That it's harmful to the economy of small airports and aviation-related businesses in the greater Washington D.C. area.  Pilots involved in law enforcement have described the SFRA as a "major, unnecessary burden on pilots and air traffic controllers with almost no increased security benefits."

Why, if experts believe there is little or no increase in security do we, the people tolerate yet another erosion of our supposedly free society?  I would argue that this erosion of our freedom goes beyond the ability of pilots to fly into Reagan National.  We as a nation are continually giving up rights and feedoms when our government and leaders convince us it's for our own good, our own safety.

The safety argument closing Reagan National is false and yet Congress fails to act.  Being lulled by a false sense of security carries it's own risk as much as the continued erosion of our rights, afforded to us by the free society we think we live in.  As Benjamin Franklin said “Those who surrender freedom for security will not have, nor do they deserve, either one.”

Sunday, March 9, 2014

Senate Democrats Plan Climate Change Filibuster

I'm one of those pesky scientists (by education) that say the 33% increase in atmospheric C02 is due to man, the Earth is warming and sea levels are rising.   But I also point out man's CO2 contribution represents just a tiny 1 in 10,000 increase when correctly compared to the entire atmosphere.

The Earth isn't Venus and if someone can explain how a $1 dollar increase in a $10,000 budget is responsible for increased temperatures and sea levels over the last 100 years, I would be greatly interested. FYI, PFM doesn't work for me.

Basic math, like knowing what three gases make up 99.96% of the atmosphere, seem beyond nearly everyone I talk with.

My suggestion? Let's do something productive and help China and India build and retrofit their coal fired electrical plants with state of the art scrubbers. :-)

PS  78.082687 + 20.945648 + .933984 = 99.962319

Ignoring the Cost of Offshore Drilling

This Sunday's edition of the Pilot’s Opinion section pointed out federal law prevents Virginia from earning oil royalties from off shore wells.  The writers conclude Virginia shouldn’t allow drilling and risk ruining our beaches if there is no economic benefit for the Commonwealth.

Most of us drive cars, heat, cool and light our homes.  We take warm showers, wash our dishes, listen to the radio, surf the web and watch TV  - thanks to fossil fuels.  Only 13% of our power is renewable compared to 63% for Canada.  With the US ban on coastal drilling combined with the powerful environmental movement, you would think offshore wind would naturally be very popular but unfortunately it costs three times as much and evidently there is no “real” political will to make this happen.

We all want clean energy but few are taking a stand.  We have natural seepage off the coast of California, that scientist say can be reduced by drilling - but the politics aren’t right.  Experts say that you can’t safely drill in coastal waters but it's done all over the world.  If the practice is so environmentally unfriendly why do we accept oil shipped from Nigeria and offshore Angola?  Until the North Dakota Bakken's come on line, nearly the entire East Coast runs on Nigerian and Angolan light sweet crude which begs the question, why is OK to drill off the coast of Africa but not America?  The off shore drilling moratorium continues, not because it’s can’t be done safely, but because there are no royalties for the state?

What is wrong with America?  The last GDP numbers indicate America is growing an anemic 2.4% annually and the national debt will top $18,000,000,000,00 by the end of 2014.  How much longer can we hobble along with the belief we can’t safely produce our own energy at home and that somehow it’s better for the environment to drill in someone else's back yard and then ship it here?

Last September Dominion Virginia Power won a huge a $1.6 million lease to build the first wind farm off the coast of Virginia with a project start not until 2023.  Without support from Federal and State government this wind farm is dead before the first piling is driven.  Pile on the Navy's objections, environmental group opposition and you can bet Virginia will never see anything but an offshore test sit.  The last serious wind company in Virginia gave up and moved to the coast of Spain.

For starters let’s get the basic seismic testing done and see what we are dealing with.  Next, if it’s natural gas lets drill ASAP.  If it’s methane hydrates, let’s talk to Japan and figure how they figured out how to mine their huge deposits of methane hydrates.  If it’s oil lets take our time and figure out how to get at it in the safest way possible.

Unless you want to leave your car in the garage, wake up to a freezing home, give up air conditioning, toss out all your appliances, unplug from the net and turn off your TV, it’s time to wake up and smell the orderless gas we exhale, that's necessary for all green plants on the planet.  When the President ran I believed him when he repeatedly said our energy policy would be "all of the above.Let’s make wind and solar a national priority by developing our offshore resources and use the royalties to develop and subsidize renewable energy in the states who are risking their shorelines.

Saturday, March 8, 2014

US Navy Below 250 Warships?

The only thing Navy experts agree upon is our 100% track record of not knowing what the next conflict is going to look like or be fought with.  It's now clear that this and subsequent administrations will continue reducing the Navy's 283 ship fleet while adding three flawed Littoral Combat ships, two insanely expensive Virginia class submarines and a few capable, yet untested, Zumwalt class Destroyers.

In this world of uncertainty it makes sense to once again consider the flexibility and force multiplier of retrofitting fourteen prematurely retired Los Angeles attack submarines and possibly another four underused Ohio class SSBN's (during refueling) with Tomahawk missiles.  If the reduction of strategic missile patrols, 64 in 1999 to 28 in 2012, continues another four Ohio class SSBN's could be converting into missile barges, each capable of delivering 154 surface to surface missiles or roughly the same number as an entire battle group.

At a cost of $2.7 billion, I fear future leaders will not be willing to put the Virginia class submarines in harms way.  Also the only current threat to U.S. submarines are the inherently quiet (batteries don't make noise) modern diesel electric submarines which have been purchased by China and hostile nations for as little as $200 million.

Converted submarines give battle commanders needed stealth, submerged protection, unmatched fire power and the ability to covertly insert Special Forces.  The SSGN's have proven themselves in combat and I would argue having fourteen converted Los Angeles class SSGN's along with an extra four Ohio class SSGN's for the price of two insanely expensive Virginia class SSN's and three flawed Littoral Combat ships is more than a bargain.  Lastly, having more "boats" will continue to develop the #1 weapon in the Navy's arsenal... The men and women who serve.

PS  I was a surface warfare officer for eight years.  I've never served on a submarine but conducted exercises and war games with them and frankly it was never a fair fight which is why, if the Navy continues to shrink, we need more subs.

Jim Hansen - Not the Muppet Guy

Mr. Jim Hansen attended my dad's alma mater, the University of Iowa, and graduated with a B.A. in Physics and Mathematics in 1963. He earned a M.S. in Astronomy in 1965 and a Ph.D. in Physics in 1967.  He was a graduate trainee with NASA and headed NASA Goddard Institute for Space Studies, New York City, from 1981 to retirement in 2013.

After graduate school, Hansen continued his work with radiative transfer models, attempting to understand the Venusian atmosphere. Later he applied and refined these models to understand the Earth's atmosphere, in particular, the effects that aerosols and trace gases have on Earth's climate. Hansen's development and use of global climate models has contributed to the further understanding of the Earth's climate and in no doubt our current understanding of global warming.

While working with NASA he was key in formulating the model that explains why Venus is the way it is - a run away green house planet with an atmosphere of 96.5% CO2.  His work on Venus became the template for modeling the Earth's atmosphere, with CO2 as one of the driving mechanisms to global warming.

James Hansen is the father of our understanding of CO2 and how it interacts and serves as a green house gas.

The near freezing of the Great Lakes in 2014 or the 17 years upper atmosphere warming pause notwithstanding, over the last 100 years the Earth has warmed and sea levels have risen.  In part, thanks to James Hansen, nearly all scientists believe man's releasing of sequestered C02, via the burning of fossil fuels, is responsible for this trend.

Two things:

#1  The Earth is NOT Venus!

#2  Does anyone honestly believe that a 1 in 10,000 increase in any atmospheric gas has cause the warming we have seen over the last 100 years?

The model James Hansen developed was for Venus with a 96.5% CO2 atmosphere, not Earth with .039680% CO2 atmosphere.

If you can envision a parcel of air being equal to $10,000, man's total CO2 contribution equals $1 dollar.  That's right, before man, CO2 was three and now with all human activity to date, it has risen to four.  Do you really think a $1 increase in a $10,000 budget is having a measurable impact?

There is little doubt this 33% increase is man made.  The latest IPPC report projects that in the next 100 years CO2 concentrations will double and change the world as we know it.  Meaning we are to believe  scientists can predict 100 years into the future and that CO2 at 8 out of 10,000 beckons a global melt down.  Besides spending trillions to "solve" this, the best thing the world can do is stop using coal (the worst of the worst) to produce electricity.  Hogwash!

N  -  78.084%
O  -  20.946%
Ar  -    .9340%
CO2 - .039680%  as of 2014
CO2 - .080000% as of 2114 (IPPC's 4th Report)

Some how common sense doesn't fit into the equation.  Politicians, scientist, the media, etc... are collectively telling us a $1 increase in the atmospheric budget of $10,000 has caused our recent droughts, warming, sea level rise and super storms.  Furthermore, it's only going to get worse.  This is accepted as settled science only because the vast majority of the worlds population is scientifically uneducated.  Common sense can't be applied because the basic foundation in science is nonexistent among the population.  Scientists who embrace the 33% CO2 increase, ignore the atmospheric budget and use computer models based on Venus to predict the future for 100 years flummox me.

Take a breath and think... 100 years is a long time.  The only thing that doesn't change is change and new discoveries we can't even imagine will occur.  I have a warm feeling that man made climate change isn't going to be what we are talking about in 20 years, let alone the year 2114.  I recommend that we focus on helping developing nations, specifically China, India, Pakistan and most African countries clean up their air, water and land as I'm certain the planet can't handle another 100 years of their collective environmental damage.

There are currently 2,300 coal powered electrical stations in the world with 1200 more currently in the planning stage, of which 75% will be built in China and India.  Let's spend money today helping developing countries build modern coal fired plants with the latest in scrubbing technology while funding basic research in new, sustainable, clean energy technologies.

A lot can happen in 100 years!

1913  The discover of the atom's structure
1920  First radio broadcast
1924  Edwin Hubble discovers the first new galaxy besides our own
1927  Big Bang theory of the origin of the universe
1928  Alexander Fleming discovers penicillin
1929  Edwin Hubble puts forward the theory of the expanding universe
1931  Cyclotron invented to study accelerated particles
1932  James Chadwick describes the nucleus of the atom
1942  Enrico Fermi demonstrates the first controlled nuclear reaction
1945  The first electronic computer
1947  William Shockley invents the transistor
1953  The double helix structure of DNA discovered
1957  The Soviet Union launches the Sputnik satellite
1960  Stephen Hawking publishes Grand Unified Theory
1964  Murray Gell-Man predicts the existence of quarks
1969  Man walks on the moon
1975  US university campuses linked by computer network
1971  Intel makes the first commercial computer microprocessor
1990  The World Wide Web is born
1990  Hubble space telescope launched
1996  Dolly the sheep cloned
1997  Scientists accurately predict El NiƱo
2003  Completion of the Human Genome Project
2004  Facebook founded mainstreaming social media
2005  Predictions of Peak Oil adjusted... again
2010  The Large Hadron Collider's first high power collisions
2012  Physicists statistically demonstrated the Higgs boson
2013  Private companies resupply the International Space Station
2014  United States energy self-sufficient... (not yet but close)

Monday, February 24, 2014

Charles Krauthammer Under Attack

Ever since my Naval Academy days I've loved the Washington Post and not just for the awesome Sunday comics.  I cherish the Post for continuing to publish quality, thoughtful journalism and editorials.

I’m writing in support of Charles Krauthammer.  In a recent editorial Charles summed up the “global warming/climate change” argument very well by stating from the onset he isn’t a believer or denier but is interested in keeping the conversation going.  That settled science isn’t in the true nature of the scientific method.  I think the petition circulating to demand the Washington Post stop carrying his editorials is the worst form of censorship.

My daughter, who has studied Mars for years and one day wants to go there, never misses a chance to point out that NASA has reported the Martian South Pole carbon dioxide ice cap has been shrinking for years.  So is the Earth warming and are sea levels rising?  I think it’s safe to say yes, but is man the cause or more importantly for this debate is an increase from 290 ppm to 400 ppm in CO2 causing this?   I’m a scientist by degree and I choose, like my daughter the chemist, to remain skeptical and maintain an open mind to all possibilities.

Thursday, January 9, 2014

Global Warming gives way to Climate Change

As frigid polar air shatters records across the United States, the timing of Michael Mann's recent Virginian-Pilot "other views" climate change article was at best unfortunate.  Don't get me wrong, I'm not arguing that the Earth isn't warming or sea levels aren't rising, I'm just saying CO2 and specifically humanities contribution is not the primary driver of this warming as "97%' of scientists have concluded.

Nearly forty years ago, Wally Broecker coined the term global warming.  Mr. Mann, the creator of the infamous "Hockey Stick Graph", didn't mention global warming once in his latest missive.  It would seem the global warming scientific community has shifted gears to embraced climate change.

I'm a scientists (BS Physical Science, USNA '87) with a pilots license with an instrument rating, who has studied the atmosphere for many years.  I've experienced how fragile our atmosphere is up close and I acknowledge that C02 and CH4, measured in parts per million and parts per billion respectively, are green house gases.  However, these green house gasses pale in comparison to H20.  Water Vapor is by far the mother of all green house gasses and yet receives only a passing mention in the IPCC's most recent 2,216 page assessment of climate change and NO mention at all in the executive summery which mentions CO2 seventy-four times.  I think it's laughable how scientist will argue that CO2 will raise temperature, thus raise the amount of water vapor in the air but fail to mention more water vapor = more clouds = less warming. 

The recent cold snap or an unusually cold winter shouldn't be used as proof that global warming doesn't exist any more than Mr. Mann's assertion that Super Storm Sandy is the result of man's cumulative CO2 production.  Over the millennia Paleoclimatologists have documented warmer and cooler periods and even 200 year North American droughts.  Regardless of how amazing global warming/climate change computer modeling is, the non-linear nature of weather is notoriously hard to model and the magnitude of the assumptions needed for climate change to manifest as advertized would shock even the most skeptic global warming/climate change denier.

When scientists settle on a single computer model that can accurately predict a hurricanes track a few days in advance, I will give more credence to the IPCC's 100 year predictions.  Until then, I will continue to focus on pollution and environmental changes that directly impact our environment and relegate CO2 to it's rightful place as a tiny contributor to global warming/climate change while I brace for the next wicked cold snap. 

* Note - I acknowledge the "CC" in IPCC stands for Climate Change. But the scare mongers latched on to global warming like a hungry lioness grasping a gazelle... The glaciers are melting! Greenland is next! Yes glaciers are melting and so is Greenland. The difference being there is no mention that it's going to take 4000 to 5000 thousand years for Greenland to melt. Oh by the way NASA is scrambling to disprove their own study... Antarctica is gaining ice.

Friday, January 3, 2014

Privatize Virginia's ABC Stores

Kerry Dougherty's recent column in the Virginian Pilot "Let's Party Like It's 1933" reminded me of Governor McDonnell's abortive attempt to privatize Virginia's ABC stores.  It's likely the Governor wasn't pleased when I rallied against his proposal to sell spirits at local stores.  It's not that I didn't agree the Governor's basic principle that the "state" shouldn't be selling booze.  I just didn't want kids watching me put a 5th of Jim Beam in my Walmart shopping cart.

Being from one of the 32 states that don't have "sterile state-run liquor stores" I absolutely know Virginia should end its active role in the distribution of distilled spirits. But McDonnell's concept swung the political pendulum too far and was defeated before it could gain traction.

Four years ago we had 322 ABC stores that effectively made the purchase of hard liquor an adult endeavor.  Selling licenses to business and removing a few thousand people from the state payroll, health care and retirement system seemed like a no-brainer.

Let's get the state out of the business of booze, but please don't make it so mainstream that it is being sold at the local supermarket which effectively creates ZERO jobs.

Virginia should become the 33rd state to allow private liquor stores and end our current state run monopoly.

Saturday, December 28, 2013

Is Virginia Beach Morphing into a Police State?

For 22 years I’ve lived in Virginia Beach and last night I got my first speeding ticket.  The flashing lights indicated I missed the 50 to 45 mph speed reduction on the new Princess Anne road, driving East to the courthouse.  This newly finished section of road is state of the art and I was one of four tickets being written by four separate cruisers with a roving supervisor keeping tabs on the situation.  Of course this was a construction zone... with no construction equipment, personal or cones.

The once dangerous two lane road, with the occasional released prisoner walking on the nonexistent shoulder, has been replaced with a state of the art divided four lane thoroughfare with a seperate bike path that puts most highways to shame.  However, the speed was reduced from 55 to 45 mph for the construction and I'm guessing it will remain this way until VDOT turns the road over to the city.  In the mean time it's pretty clear this stretch of road will continue to generated hundreds of tickets until outrage mounts.

Note: I later determined that the VA Beach Police Department was using this stretch of road to train new police officers. WTF
 

Red light and face recognition cameras, new roads that double as police ticketing training grounds and not being able to have a pager at a high school football game (told you I’ve lived here a long time) all add up to a slow erosion of our freedom.  It’s time that we roll back the clock and remove the red light and face recognition cameras.  It’s time city council reviews these and other programs in light of what’s going on in our country and make changes to enhance individual freedom.  For starters, it would make sense to reevaluate using Princess Anne as a ticketing training ground and stop writing meaningless tickets that only serve to inflame the public.

PS  Red light cameras... Consider removing the right turn on red enforcement while keeping the dangerous blowing through the intersection ticket.  It turns out that the red light cameras mostly generate right turn on tickets which are not a safety issue.  Right Turn on Red Stats

Thursday, December 19, 2013

Snowden - Man of the Year... Almost

Mr. Snowden for right or wrong has exposed just how far, in the name of national security, the government has gone as it continues to pummel the 4th Amendment.

In 1979 the Supreme Court created the "third-party doctrine" which still applies today.  Without a specific warrant government cannot access the content of mail and consequently email.  However, Mr. Snowden has exposed the NSA is tapping the main trunk lines of Google, Yahoo, Micorsoft, etc... and it's likely the contents of our correspondence is computer processed and then stored away like phone call metadata.

Under current law if you freely gave information to a third party, be it your local library, credit card company, VIP grocery account, Google, banker or phone company your data and activity are likely NOT protected by the Fourth Amendment. There may be privacy issues against sharing this information, but typically there is no constitutional protection, and it is often very easy for government "agencies" to gather these third party records without you ever being notified.

More than likely, Mr. Snowden hasn't revealed the full extent of the NSA's data gathering capability but the enormity of the facilities being constructed out West would indicate that every credit card transaction, internet search, email, phone call metadate, etc... Is being collected and filtered in real time, within days or just stored for future searches.  It's 100% clear to me that our privacy if not our constitutional rights are being trampled upon.

Man of the Year?  I don't think so, but clearly Mr. Snowden has started the conversation.
 

Wednesday, December 11, 2013

My Own Health Care Debacle

After trying for weeks on October 28th I was able to enroll in the the Health Care Market Place.  Once I understood the coverage, the cost and that my doctor would not accept this insurance I decided to dump it and immediately started the process of trying to cancel on line, via chat, via phone and finally by calling the Optima who told me to contact the Health Care Market Place.

The other day three duplicate confirmation packets arrived so it would seem my efforts to cancel failed.


Thankfully, before the deadline I applied for a new, not ACA complaint, Optima PPO policy that cost much less, has lower deductibles and a prescription drug benefit.

I'm "HOPEFUL" the Health Care Market Place or a private company that is ACA compliant will offer something similar to my current plan next year.  My current not ACA complaint plan covers my daughter to age twenty six, has reasonable deductibles, no life time caps and subsidized prescriptions but cannot be renewed.

If I go without healthcare the Fed will fine me 1% of my income in 2014, growing to a 2.5% be 2016.

*** Update Feb 10, 2014 - No matter what I do the healthcare market place will not cancel my policy! Even worse, though I haven't paid a dime on this new policy, the "Market Place" reaches out and cancels my current policy... Repeatedly.  I keep contacting the Health Care Market Place and my carrier.  This has been a complete cluster (rhymes with duck)!

*** Update Feb 11, 2014 - I can't believe it... I got yet another package, my 4th, from the "Market Place" and this time a bill... My 1st bill for nearly $800 bucks.  The people causing this are beyond incompetent.  It's been months and I'm still trying to get my the insurance the "Market Place" cancelled reinstated... ARG!!!

*** Update March 21, 2014 - It looks like the ACA policy was canceled.  I stroked a check for $1,127 to my not ACA compliant new policy and I'm now paid to date.  With the exception of having to pay the first $250 of my daughters medication it seems like a pretty darn good policy that's only good for this year. :-(

*** Update March 26, 2014 - The last hurdle was my "Market Place" dental plan.  Turns out it's a HMO that not a single local dentist accepts.  It was supposed to be canceled when the health care was canceled but that didn't happen.

*** Update April 11, 2018 - My not ACA compliant plan was only good for one year and I ended up bypassing the Market Place and calling a local company and asking for a ACA compliant policy. I had that for just under three years and never used it... Never. Why? The deductibles were so high. It basically was a really expensive major medical plan.

In conclusion... I was hopeful that the ACA would work. I really wanted it to work. Bottom line it sucks and maybe it's time we get government and employers out of providing insurance. If everyone (except the young, old and military) had to buy their own coverage maybe market forces would work. The poor? Spend the billions we are waisting in the Market Place on free clinics!

Monday, December 9, 2013

The ACA Violates the Constitution

The Patient Protection and Affordable Care Act (ACA) violated the Constitution’s Origination Clause because it raised revenue but did not “originate” in the House of Representatives.

Under the United States Constitution’s Origination Clause (Article I, Section 7, Clause 1): “All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.”

Senate Democrats attempted to satisfy the Origination Clause when passing Obamacare. The House of Representatives passed H.R. 3590, which was a small bill granting tax credits for veterans. Senate Majority Leader Harry Reid stripped out every word of the veteran tax credit bill and replaced it with the ACA that ultimately passed Congress without a single republican vote and was signed by President Obama. The ACA includes billions in new revenue which the Supreme Court ruled in NFIB v. Sebelius as taxes.

Senator Reed knew substituting every word of the veteran tax credit bill with the ACA was wrong but the only path he could take to get the ACA passed.  It doesn't surprise me that our President has also selectively implemented the ACA and many other laws during the last five years.  The President has "modified" or "suspended" laws that only Congress can change, further empowering the executive branch of government.

The republican's in the House fought long and hard to repeal the ACA but right before the government shut down they admitted defeat and sent the Senate a bill keeping the government open that included a delay in the implementation of the ACA's personal mandate. 

The Senate voted 54-46 to strip this language from the House funding bill which resulted in a sixteen day (the third longest) government shutdown.  A shut down that could have been adverted by a delay in the personal mandate that the President, under pressure from fellow Democrats, has since allowed but Executive Letter.

I think it's important to know that throughout history our government has been out of money for a total of 128 days and that Democrats have been responsible for the vast majority of this. 

Even with Pesident Carter, both the House and Senate controlled by Democrats the government ran out of money five separate times totaling 57 days. It's funny to note somehow the government really NEVER shut down during this time.

Tuesday, December 3, 2013

23andMe Genetic Testing

Alberto Gutierrez
Center for Devices and Radiological Health
10903 New Hampshire Avenue
Silver Spring, MD 20993

Dear Mr. Gutierrez,

I’ve recently learned that the FDA has determined the genetic test kit from 23andMe are “intended for use in the diagnosis…” as per 21 U.S.C. 321(h).   Does the FDA truly think the public will take a $99 test and use it as the sole basis for self-diagnoses?

“… if the BRCA-related risk assessment for breast or ovarian cancer reports a false positive, it could lead a patient to undergo prophylactic surgery…”

It seems your office believes women wouldn’t consult their physician when alerted by this test and or physicians wouldn’t seek confirmation before prophylactic surgery.  Are you kidding?  I’ve read your recent letter to 23andMe and your argument is flawed and goes against the mission of the FDA:

“… responsible for advancing the public health by helping to speed innovations that make medicines more effective, safer, and more affordable and by helping the public get the accurate, science-based information they need to use medicines and foods to maintain and improve their health.”

Regardless of spin you are essentially banning affordable genetic screening.  Your actions have consequences and history will be your judge.  I spent four hundred dollars to get my family tested.  Had that cost been just 50% more I wouldn’t have done it.  Requiring premarket approval for genetic screening will further destroy this fledgling industry and is NOT aligned with the rapidly changing technology of this field.

Your letter states that you have conducted 14 face-to-face and teleconference meetings, sent hundreds of emails, and dozens of letters.  Which begs the question - was 23andMe at those meetings and responding to your emails and letters?  Clearly 23andMe isn’t trying to avoid the FDA and their use of CLIA certified labs indicates they have taken steps to comply with FDA guidelines.

While false positives have consequences that I’ve personally witnessed the net benefit of mass screenings is too great to ignore and I couldn’t imagine a more effective way to rapidly determine accuracy than to let the testing proceed with a strong “Surgeon General’s” like warning that the results are preliminary.

Sincerely,

Dave

Monday, November 18, 2013

Regulatory capture

"Regulatory capture"

GOOGLE "Regulatory Capture" and learn... OMG!

Friday, November 15, 2013

From the Democratic Leader


What's In The Health Care Reform Bill For You?
July 14, 2009

Without reform, the cost of health care for the average family of four is projected to rise $1,800 every year for years to come--and insurance companies will make more health care decisions.

America's middle class deserves better.  Here's what America's Affordable Health Choices Act means for you:

LOWER COSTS  ** NOPE - Millions are paying more

    No more co-pays or deductibles for preventive care ** True
    No more rate increases for pre-existing conditions, gender, or occupation ** True
    An annual cap on your out-of-pocket expenses  ** True
    Group rates of a national pool if you buy your own plan  ** True
    Guaranteed, affordable oral, hearing, and vision care for your kids  ** Not sure

GREATER CHOICE  ** NOPE **

    Keep your doctor, and your current plan, if you like them  ** No & No
    More choice, public health insurance option competing with private insurers  ** No

HIGHER QUALITY  ** NOPE **

    You and your doctors make health care decisions -- not insurance companies ** Not sure
    More family doctors and nurses will enter the workforce, helping guarantee access ** No
    Mental health care must be covered ** True

STABILITY & PEACE OF MIND  ** YEP **

    No more coverage denials for pre-existing conditions ** True
    No more lifetime limits on how much insurance companies will pay ** True
    No reason to ever make a job or life decision again based on health care coverage ** True


http://www.democraticleader.gov/news/reports/whatquotemarks-health-care-reform-bill-you

Wednesday, October 30, 2013

I agree

"I agree with you"

Just a few minutes ago I heard those wonderful words for my significant other.  She agreed with my main concern regarding the Affordable Health Care Act - The 25 plans offered in Virginian are all HMO's and my doctor doesn't work with HMO's.

Contrary to my republican friends, I've been hopeful that the Affordable Health Care Act will deliver.  The website will eventually work and what excites me most is that for the first time since 1997 I have the ability to buy health insurance as a member of a group.

As an individual I had absolutely zero purchasing power but in December 2014 my current plan will no longer be available and I'll be selecting coverage via the Health Care Marketplace.  The law isn't as wonderful as the Dems would have you to believe but it's not as bad as the Republicans say.  There are a handful of significant improvements in the new law but some of these changes hurt Virginians.  For example, Virginia capped medical malpractice lawsuits at $2.05 million but there is no such cap in the federal law... Thank you Washington lobbyist.

As America learns more about this legislation, as employers terminate plans, as providers continue sending out notices that current plans are no longer offered and grandfathered plans succumb to time, the Democrats are going to pay for their unwavering support of a significantly flawed law that the President, without authorization from Congress, has already modified over a dozen times.

"First of all, if you've got health insurance, you like your doctor, you like your plan - you can keep your doctor, you can keep your plan. Nobody is talking about taking that away from you."
President Barack Obama
7/16/2009

For me I'm just hopeful my doctor will accept my Health Care Market Place HMO plan next year.

Thursday, October 24, 2013

Glenn Davis - Viginia Delegate, 84th District

The Virginian-Pilot
© October 24th, 2013
 
Davis is the Right Choice!

The Pilot endorsed Glenn Davis to replace Sal Iaquinto in the 84th District. Davis' service on the Virginia Beach City Council has earned him a solid reputation as someone who gets things done. Over the years, I've gotten to know Davis, and I'm happy to say that The Pilot got it right. Davis will faithfully represent Virginia Beach and, more importantly, he embodies a true desire to listen and maintains an open mind.

David Beemer
Virginia Beach

Friday, October 18, 2013

National Debt - OMG!


$17,024,169,000,000

In about four years our National Debt has gone from just under $12 trillion to just over $17 trillion dollars. The chart below shows our debt increase from 1960 to 2010 and on this scale the recent $5,000,000,000,000 dollar increase would reach about half way up this paragraph.

















I've repeatedly heard arguments that our national debt hasn't grown as a percentage of our GDP.  However, our external debt to GDP ratio is now 100% and growing exponentially.

What can be done?

For starters everyone who thinks entitlements are not the issue needs to read the 2013 Social Security and Medicare Boards of Trustee Report that clearly and unequivocally states that all parts of Social Security will be broke by the year 2035.


Note a that "DI" Disability Insurance is broke by 2016 and "HI" Hospital Insurance goes broke before "OASI" Old-Age and Survivors Insurance Trust Fund is exhausted.

It's true that over half of our national debt is owed to our government but it's also true that those debts are coming due as Social Security needs to cash in more and more "bonds" to cover entitlement payments which are only going to further accelerate the increase in our national debt.

The solution is simple but painful - We as a nation have to stop spending more than we have.

Wednesday, October 16, 2013

Eric Cantor Sums it up

 
Eric Cantor

"We all agree Obamacare is an abomination.

We all agree taxes are too high.

We all agree spending is too high.

We all agree Washington is getting in the way of job growth.

We all agree we have a real debt crisis that will cripple future generations.

We all agree on these fundamental conservative principles. . . . We must not confuse tactics with principles.

The differences between us are dwarfed by the differences we have with the Democratic party, and we can do more for the American people united,”

Monday, October 7, 2013

Letter to Secretary Jewell

  
Dear Madam Secretary (Department of Interior)

The National Park Service employees 24,645 people and during this shut down 2,139 park police, EMS and fire personal have remained on duty.  It's clear the park system needs to be closed, however some closures were politically motivated and gives one insight to how populations can seemingly rise up against their government.

From the closing of 24/7 open-air memorials, to highway overlooks of Mount Rushmore and the Grand Canyon being blocked off, to reports from Park Rangers saying they have been instructed to make the shutdown as painful as possible... You Madam Secretary, have taken the government shutdown too far.

The Park Service has closed venues that simply aren't designed to be closed.  They have closed outdoor, normally unmanned, monuments, government roads, parking lots and in some cases individual parking spaces.  The NPS has prevented citizens from accessing their homes which happen to be on government land.  You have closed roads you don't maintain, marinas you share, entire waterways and even large areas of the ocean.

After past shutdowns, Congress has authorized government workers to receive back-pay.  This time I've asked my Representative to exempt NPS employees from back wages.  I know this is "unfair" to thousands of dedicated civil servants but a message needs to be sent and heard by you and the entire Department of the Interior.  Our national treasures, our monuments, roads, highway overlooks and parking lots are not to be used as political fodder and the NPS should have done everything within it's power to ensure as much access was granted as budget constraints, park police, EMS and fire personal staffing would allow.

Expending resources and man-hours to close things that aren't closeable was such bad form it underscores why many citizen believe that their government is at best out of touch or at worst fails to understand who government serves.  This country belongs to the people and "What country can preserve its liberties if its rulers are not warned from time to time that their people preserve the spirit of resistance" - Thomas Jefferson
 

Friday, October 4, 2013

Senate strips House language to delay ObamaCare

Let's get this Right

On Monday (Sep 30th) the Senate voted 54-46 to strip language from a House funding bill that delayed ObamaCare which resulted in the government shutdown.  That last time this happened was December 1995 when the government was closed for business for 21 days.

OMG the sky is once again falling... Not Really....

I've said repeatedly I don't agree with what the GOP is doing.  It's not good politics regardless on how this plays out Republicans will be blamed for the pain associated with the shut down and voters will remember.  Although I support the principled argument of those wanting to shut down the government I can't figure out why the GOP continues to fall on a live grenade with a smile.

It's also important to note that this last House vote was to delay the Affordable Health Care Act, not defund.  This delay vote was widely reported as trying to defund the Affordable Health Care Act, but just like the President delaying the employer mandate the Republicans, albeit at the last minute, compromised and just attempted to delay the personal mandate.

Let's make this clear... The House Continuing Resolution (CR) was asking for a one year delay in the individual mandate and the reversal of the medical device tax.

A few things to remember:

CBO now projects that the insurance coverage provisions of the Affordable Care Act will have a net cost to the federal government of $1,363 billion over the next 10 years and you can bet that's an understatement.

In 2012 the federal government collected $2,902 billion in taxes (all time record) but spent $3,803 billion.

That has us spending $901 billion a year or $17.3 billion a week we don't have.

That's roughly what it would cost to build three nuclear aircraft carriers... Every week.

The TEA Party Republicans of the House... All 49 of them... have taken a stance against government expansion.  They have alienated themselves with their party, the media and likely the American public but I for one support their efforts even though I don't agree with their methods.

My views are more inline with my Congressman Scott Rigell:

representative-scott-rigell--republican-traitor

*** UPDATE *** 

The one year delay of the personal mandate requested by the House Republican's which is what actually closed the government... Well the President, through executive mandate, ordered a one year extension for the personal mandate.  How do I know?  I was one of the people who took the President up on this and had affordable, substandard, health care insurance for an extra year. 

ARGGGGGGGG!!!!!!

Thursday, October 3, 2013

Feds Shut Down Privately Owned Mount Vernon

“Deliberate effort to hurt the public”

The National Park Service erected barricades to shut down parking lots surrounding Mount Vernon despite the fact that the tourist destination is privately owned, another example of how the feds are deliberately worsening the government shut down.

Mount Vernon is the former plantation of George Washington and is owned by the Mount Vernon Ladies’ Association, which doesn’t receive any government funding. The attraction’s official website reads, “NO SHUTDOWN HERE – The Federal government may be shut down, but Washington’s home remains open. Mount Vernon has remained a private non-profit for more than 150 years.”

However, a dispute began when the National Park Service began putting up barricades to block off the facility’s car park, blockading the entrance as well as a spot where tour buses turn around.

The parking lots are co-owned by Mount Vernon and the NPS, but require no immediate maintenance at all, meaning the decision to close them down was completely unnecessary.

The feds even blocked off a small area consisting of just three parking spaces.

After blogger Stephen Gutowski exposed the situation, Newt Gingrich got in on the act, tweeting, “The tour bus turnaround at Mount Vernon has been closed by federal police. This is deliberate effort by Obama to hurt the public. Disgusting.”

Numerous other sites around DC have been unnecessarily closed by the NPS and other federal agencies in what critics are labeling a cynical political stunt which only serves to punish the American people.

In some cases, efforts to shut down these sites actually require more manpower and resources than if they had been left open, highlighting the fact that this is an act of partisan theater by the Obama administration to pin the blame for the government shutdown on Republicans and opponents of Obamacare.

- Numerous hiking and biking trails throughout the greater DC region, despite requiring zero immediate maintenance or patrols, have been closed down. Irate citizens are merely flouting the law and using them anyway.

- The NPS has stationed officers along the Chesapeake & Ohio Canal that runs 184 miles from Washington, D.C. to Cumberland, Maryland to make sure nobody uses the bike paths. It would have required less manpower to keep this trail open. The handles on all the well pumps have also been removed.

- The feds also shut down a tiny park in which children play on fake turtles, prompting angry mothers to remove the barriers, only to see them put back up. “The park is extremely small and sort of seems pointless to block off,” reports the Daily Caller.

- Lincoln Park in DC, which is known to be used by several Democratic Senators, was not shut down, but numerous national parks across Montana were closed.

- The most widely reported case occurred at the World War II memorial in DC, where the NPS tried to prevent veterans from seeing the monument by erecting barriers and even threatening vets with arrest. The veterans stormed through the barricades anyway. “People had to spend hours setting up barricades where there are never barricades to prevent people from seeing the World War II monument because they’re trying to play a charade,” Senator Rand Paul told Fox News.

Senior Republicans on the House Natural Resources Committee are considering opening up an investigation into where the Obama administration directly ordered the “outrageous” closure of the memorial as part of a ploy to “make the current lapse in appropriations as conspicuous and painful to the public as possible,” according to the letter from chairman Doc Hastings, R-Wash., and subcommittee chairman Rob Bishop, R-Utah.

Paul Joseph Watson
October 3, 2013

-------------------------

I want the NPS management who ordered these venues closed fired.  For personal reasons they took it upon themselves to expend resources during a government shut down to close things that actually require effort to close.  If it's determined that the administration ordered these closures that connection needs to be established and those responsible held accountable.  Sounds like a good use of the freedom of information act... Once the shut down is over of course.


Founding Fathers' Tavern Closed by Government Shutdown

"City Tavern's operators are told to lock up"

The restaurant, which opened for the first time in 1773 and was frequented by the nation's founding fathers, sits inside Independence National Historical Park and the building is owned by the U.S. National Parks Service.

Both have been shut down since Tuesday when the federal government began its new fiscal year without agreeing on how to fund non-essential agencies. Nearly 200 park employees were also furloughed because of the funding issue.

Since the park is closed, officials told City Tavern operator Chef Water Staib on Wednesday the restaurant had to lock up as well.

Restaurant public relations director Molly Yun said they were notified there was a possibility a closure might happen, but they were allowed to remain open during the last government shutdown 17 years ago.

"We were somewhat shocked when we received the news today that we would have to close at 3 p.m.," she said. "Unfortunately, we're going to have to stay closed until the government re-opens and our hands are tied."

Wednesday, October 2, 2013

Shut it Down - Even if it's Always Open?

Shut it Down - Even if it's Always Open?

The government is shut down but it has the resources to order Park Service Personal to erect barriers at various, always open to the public, Washington D.C. Memorials.  I've visited many of our nations memorials after hours and some of my most memorable visits have been reading the words of Lincoln and Jefferson late at night.  To walk the mall as the sun sets and see the Koren and Vietnam memorial in the dimming light is nothing more than moving.

Why did the admistration think it was a good idea to close something that's not normally closed.  The WWII memorial “is an open-air memorial that the public has 24/7 access to under normal circumstance - even when Park Service personnel aren’t present. It actually requires more effort and expense to shut out these veterans from their Memorial than it would to simply let them through. My office has been in touch with NPS officials and the Administration to try to resolve this issue.”

"On Wednesday, the veterans' group is planning to visit the Lincoln Memorial, which the Obama Administration has also vowed to close to visitors. I have regularly visited this memorial at one or two in the morning. At those hours, it is a peaceful and reflective place. It is an open space. There is no access that needs to be blocked. It is only by a conscious decision, and a great deal of work, that access would be blocked."

The shut down is going to cause much real pain.  Imagine your a mother of five, you're out of food and you need food stamps to feed your children but that agency is closed.  Imagine your a family that's about to get approval for your home loan only to find out FHA or VA loans are on hold.  Everything is planned, your household goods are coming and you have no extra cash to get a hotel for a few weeks while the government is shut down.

I understand this type of hardship and the shut down angers me.  But going out of your way to shut down something that's normally open to the public, something that is as open as the National Mall or the Korean War memorial is "gratuitous and petulant" and shows insight to what our countries leadership has become.