An Empirical Assessment of Agency Mechanism Choice

Administrative agencies rely heavily on the foundational legal mechanisms of the administrative state – rulemaking, licensing, and enforcement adjudication – to pursue their statutory objectives. These foundational mechanisms differ from each other in critical ways, including the applicable procedures (and the participatory rights that accompany them), the legal effect of their use, and the nature and extent of oversight (including judicial oversight) that accompany their use. As a result, an agency’s choice of which mechanism(s) to use to implement its statutory mission has significant impacts on key legitimizing features and values of the administrative state. This Article helps to fill this gap in the literature through an empirical case study of how one agency, the U.S. Environmental Protection Agency (EPA), has used regulations, permitting, and enforcement adjudication to reform its enforcement program through implementation of an initiative called “Next Generation Compliance” (Next Gen). The case study demonstrates that at least five variables have influenced EPA’s agency mechanism choices to advance Next Gen – the key actors that participate in programmatic design and implementation (both within and outside the agency), the agency’s goals, the governance tools at its disposal, its authority under different statutory regimes, and what we refer to as “intra-mechanism” features (differences, for example, between administrative and judicial enforcement adjudication). Ours is the first empirical study in the law review literature of which we are aware that seeks to unpack an agency’s mechanism choices to advance understanding of the choices an agency made, why it made them, and what effects those choices had. Because we examine factors that have not been considered before in the literature, the Article holds special promise for significantly extending and enriching our understanding of critical factors that influence agency mechanism choice decisions. The provisional assessment of the implications of our findings that we provide should help guide policymakers interested in driving agency mechanism choices toward strategies most likely to accomplish statutory goals while promoting the legitimacy of administrative decisionmaking

The relationship between anxiety and acute mountain sickness.

INTRODUCTION: Whilst the link between physical factors and risk of high altitude (HA)-related illness and acute mountain sickness (AMS) have been extensively explored, the influence of psychological factors has been less well examined. In this study we aimed to investigate the relationship between 'anxiety and AMS risk during a progressive ascent to very HA. METHODS: Eighty health adults were assessed at baseline (848m) and over 9 consecutive altitudes during a progressive trek to 5140m. HA-related symptoms (Lake Louise [LLS] and AMS-C Scores) and state anxiety (State-Trait-Anxiety-Score [STAI Y-1]) were examined at each altitude with trait anxiety (STAI Y-2) at baseline. RESULTS: The average age was 32.1 ± 8.3 years (67.5% men). STAI Y-1 scores fell from 848m to 3619m, before increasing to above baseline scores (848m) at ≥4072m (p = 0.01). STAI Y-1 scores correlated with LLS (r = 0.31; 0.24-0.3; P<0.0001) and AMS-C Scores (r = 0.29; 0.22-0.35; P<0.0001). There was significant main effect for sex (higher STAI Y-1 scores in women) and altitude with no sex-x-altitude interaction on STAI Y-1 Scores. Independent predictors of significant state anxiety included female sex, lower age, higher heart rate and increasing LLS and AMS-C scores (p<0.0001). A total of 38/80 subjects (47.5%) developed AMS which was mild in 20 (25%) and severe in 18 (22.5%). Baseline STAI Y-2 scores were an independent predictor of future severe AMS (B = 1.13; 1.009-1.28; p = 0.04; r2 = 0.23) and STAI Y-1 scores at HA independently predicted AMS and its severity. CONCLUSION: Trait anxiety at low altitude was an independent predictor of future severe AMS development at HA. State anxiety at HA was independently associated with AMS and its severity

Application of Archimedes Filter for Reduction of Hanford HLW

Archimedes Technology Group, Inc., is developing a plasma mass separator called the Archimedes Filter that separates waste oxide mixtures ion by ion into two mass groups: light and heavy. For the first time, it is feasible to separate large amounts of material atom by atom in a single pass device. Although vacuum ion based electromagnetic separations have been around for many decades, they have traditionally depended on ion beam manipulation. Neutral plasma devices, on the other hand, are much easier, less costly, and permit several orders of magnitude greater throughput. The Filter has many potential applications in areas where separation of species is otherwise difficult or expensive. In particular, radioactive waste sludges at Hanford have been a particularly difficult issue for pretreatment and immobilization. Over 75% of Hanford HLW oxide mass (excluding water, carbon, and nitrogen) has mass less than 59 g/mol. On the other hand, 99.9% of radionuclide activity has mass greater than 89 g/mol. Therefore, Filter mass separation tuned to this cutoff would have a dramatic effect on the amount of IHLW produced--in fact IHLW would be reduced by a factor of at least four. The Archimedes Filter is a brand new tool for the separations specialist's toolbox. In this paper, we show results that describe the extent to which the Filter separates ionized material. Such results provide estimates for the potential advantages of Filter tunability, both in cutoff mass (electric and magnetic fields) and in degree of ionization (plasma power). Archimedes is now engaged in design and fabrication of its Demonstration Filter separator and intends on performing a full-scale treatment of Hanford high-level waste surrogates. The status of the Demo project will be described

On the reliability of the theoretical internal conversion coefficients

Possible sources of uncertainties in the calculations of the internal conversion coefficients are studied. The uncertainties induced by them are estimated.Comment: 16 pages (including 3 figures inserted by 'epsfig' macro

Structural design of the DIII-D radiative divertor

The divertor of the DIII-D tokamak is being modified to operate as a slot type, dissipative divertor. This modification, called the Radiative Divertor Program (RDP) is being carried out in two phases. The design and analysis is complete and hardware is being fabricated for the first phase. This first phase consists of an upper divertor baffle and cryopump to provide some density control for high triangularity, single or double null discharges. Installation of the first phase is scheduled to start in October, 1996. The second phase provides pumping at all four divertor strike points of double null high triangularity discharges and baffling of the neutral particles from transport back to the core plasma. Studies of the effects of varying the slot length and width of the divertor can be easily accomplished with the design of RDP hardware. Static and dynamic analyses of the baffle structures, new cryopumps, and feedlines were performed during the preliminary and final design phases. Disruption loads and differential thermal displacements must be accommodated in the design of these components. With the full RDP hardware installed, the plasma current in DIII-D will be a maximum of 3.0 MA. Plasma disruptions induce toroidal currents in the cryopump, producing complex dynamic loads. Simultaneously, the vacuum vessel vibrations impose a sinusoidal base excitation to the supports for the cryopump. Static and dynamic analyses of the cryopump demonstrate that the stresses due to disruption and thermal loadings satisfy the stress and deflection criteria

Influenza, Winter Olympiad, 2002

Prospective surveillance for influenza was performed during the 2002 Salt Lake City Winter Olympics. Oseltamivir was administered to patients with influenzalike illness and confirmed influenza, while their close contacts were given oseltamivir prophylactically. Influenza A/B was diagnosed in 36 of 188 patients, including 13 athletes. Prompt management limited the spread of this outbreak

Functional Relationship between Protein Disulfide Isomerase Family Members during the Oxidative Folding of Human Secretory Proteins

We systematically depleted PDI family members and show that whereas ERp72 and P5 contributed minimally to oxidative protein folding, PDI and ERp57 were the predominant catalysts. Depletion of PDI or ERp57 alone modestly delayed folding, but depletion of both led to generalized protein misfolding and degradation

Mitochondrial reactive oxygen species promote production of proinflammatory cytokines and are elevated in TNFR1-associated periodic syndrome (TRAPS)

ROS generated by mitochondrial respiration are needed for optimal proinflammatory cytokine production in healthy cells, and are elevated in cells from patients with an autoinflammatory disorder

Folding of Matrix Metalloproteinase-2 Prevents Endogenous Generation of MHC Class-I Restricted Epitope

BACKGROUND: We previously demonstrated that the matrix metalloproteinase-2 (MMP-2) contained an antigenic peptide recognized by a CD8 T cell clone in the HLA-A*0201 context. The presentation of this peptide on class I molecules by human melanoma cells required a cross-presentation mechanism. Surprisingly, the classical endogenous processing pathway did not process this MMP-2 epitope. METHODOLOGY/PRINCIPAL FINDINGS: By PCR directed mutagenesis we showed that disruption of a single disulfide bond induced MMP-2 epitope presentation. By Pulse-Chase experiment, we demonstrated that disulfide bonds stabilized MMP-2 and impeded its degradation. Finally, using drugs, we documented that mutated MMP-2 epitope presentation used the proteasome and retrotranslocation complex. CONCLUSIONS/SIGNIFICANCE: These data appear crucial to us since they established the existence of a new inhibitory mechanism for the generation of a T cell epitope. In spite of MMP-2 classified as a self-antigen, the fact that cross-presentation is the only way to present this MMP-2 epitope underlines the importance to target this type of antigen in immunotherapy protocols