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Volume 101 Number 13
March 30, 2001
Executive Digest

Congress
Information
AASHTO
Details

House Approves Budget Resolution

    The House passed President George W. Bush's budget blueprint on Wednesday, which calls for a four percent increase in spending on federal programs in FY 2002, and also fully funds highway, transit and aviation authorizations.

    The non-binding concurrent budget resolution sets the spending ceiling for the 13 Congressional appropriations committees as they craft the actual spending bills for each agency. The resolution passed the House on a largely party-line vote of 222 to 205, with only two Republicans voting against it and three Democrats supporting it.

    Democrats argued that action on the budget resolution should be delayed until after the Bush Administration submits its actual budget proposal to the Congress on April 9. The Administration has sent over only an outline of its $1.92 trillion spending plan, which holds the growth of federal programs overall to about four percent. The plan does call for full funding of the authorizations for highway and transit programs included in the Transportation Equity Act for the 21st Century, and for aviation programs authorized last year under AIR-21.

    While acting on the budget resolution, the House also considered and rejected four other budget plans, three by Democrats and one by Republicans. One of the Democratic plans would have dedicated two-thirds of this year's surplus to a retroactive $60 billion tax cut for low- and moderate-income earners. Republicans contended that the plan would undercut the President's phased-in, across the board $1.6 billion tax-cut proposal.

    Meanwhile, Senate Budget Committee Chairman Pete Domenici (R-NM) still maintains that he will take the budget resolution directly to the Senate floor, bypassing the evenly divided Budget Committee. Domenici believes he would be unable to achieve a resolution that the Committee would be willing to report, and that floor action is a better option.

Young Calls for Central Streamlining Agency; Senators Ask Mineta to Withdraw and Revisit Environmental Streamlining Regs for TEA-21

    Rep. Don Young (R-AK), Chairman of the House Transportation and Infrastructure Committee, said Thursday he plans comprehensive legislation to expedite environmental streamlining of all transportation construction by placing it under review by a single agency.

    Meanwhile, four members of the Senate Environment and Public Works Committee have asked U.S. Transportation Secretary Norman Y. Mineta to withdraw and revisit pending regulations aimed at implementing highway-related environmental streamlining provisions of the Transportation Equity Act for the 21st Century (TEA-21).

    Young, according to the CQ Daily Monitor, wants to place environmental reviews of transportation projects in the hands of a single agency, instead of the multiple federal, state and local reviews now occurring under the National Environmental Policy Act of 1969 (NEPA). He said his aim is to change, not repeal, NEPA and one goal is to prevent what he termed "mischievous lawsuits." Legislation could be on the House floor by July, Young said.

    "Once an agency has gone through the process, no more lawsuits," Young told CQ. He cited a clause in the law that controlled construction practices on the Alaska Pipeline in the 1970s; the clause gave people with causes of legal action a 60-day deadline following reviews to get their suits filed. No lawsuits were filed, Young said, and the pipeline was built in less than three years.

    In a letter dated March 20, Senators Bob Smith (R-NH), Harry Reid (D-NV), Jim Inhofe (R-OK), and Max Baucus (D-MT) asked Mineta to "direct the withdrawal of the pending (TEA-21) regulations to allow open consultation with Congress, interest groups and state departments of transportation in crafting a new proposal. We urge you to issue a new proposed rulemaking for public comment as soon as possible, and to issue a final rulemaking before the end of the year."

    "It is our understanding that all work is on hold pending your evaluation of the procedural and substantive options," the senators wrote.

    In one other streamlining development, Rep. Hal Rogers (R-KY), Chairman of the House Appropriations Committee's Subcommittee on Transportation, asked FHWA Deputy Executive Director Vince Schimmoller to produce a list of recommendations, within about two months, on how the environmental-review process for highways could be improved.

    The pending TEA-21 regulations have been in limbo as a result of the change in administrations. The pending version was put forward under the Clinton Administration, but drew much comment -- from AASHTO, its members and several members of the U.S. House and Senate -- that the approach taken did not accomplish the environmental streamlining goals envisioned in TEA-21.

    At AASHTO's Washington Briefing earlier this month, however, FHWA Program Manager for Planning and Environment Cynthia Burbank said options being explored under the new administration include leaving the pending regulations unfinalized -- meaning the language of TEA-21 would be the guidepost by which states would conduct environmental streamlining, without further direction through rules.

FTA Program Oversight Subject of Appropriations Hearing

    On Thursday, the chairman of the Transportation Subcommittee of the House Appropriations Committee said Congress is concerned about fiscal responsibility and program management at the Federal Transit Administration. Representative Hal Rogers (R-KY) voiced his concerns during a hearing on FY 2002 appropriations with the Federal Transit Administration.

    The transit hearing followed by one week a similar subcommittee session with Vincent Schimmoller, Deputy Executive Director of the Federal Highway Administration. Members of the panel were consistent in their call for increased oversight of "Megaprojects," or construction projects priced at $1 billion or more, and other construction performed under FHWA purview.

    In the FTA hearing, Acting FTA Deputy Administrator Hiram Walker testified. Rogers expressed concerns about Full Funding Grant Agreements recently awarded to several New Start transit rail projects. Rogers was particularly concerned about a $500 million Full Funding agreement signed for the Seattle Sound Transit light-rail project in the final days of the Clinton Administration.

    Representative Martin Sabo (D-MN), Ranking Minority Member of the Subcommittee, said that federal funding for New Start transit projects appears to be concentrated on major rail projects. He said that leaves him concerned that there may not be adequate funding for smaller communities. Full-funding agreements represent a commitment by the federal government to provide federal assistance on specific projects and also represent a commitment on the part of the local recipient to complete a project on schedule and within budget.

    Rogers cited increased costs and schedule delays of the Seattle Sound Transit project and the Salt Lake City, Utah light-rail project as examples of "mismanaged" funding agreements. The cost estimate for a portion of the Seattle project has increased by $1 billion, rising from $1.6 billion to $2.6 billion. In the case of Salt Lake City, the chairman said there are also concerns the project will not be completed by November 2001, as originally scheduled. Rogers suggested that Congress might have to take over the oversight of such projects if FTA is not going to do it.

    In his testimony, Walker said that this is a time of growing strength in the transit industry, with ridership at its highest level since the federal program began in 1964. Walker said that FTA has made substantial improvements in the process used to select New Start projects, and management of the projects once they are underway. According to Walker's testimony, 26 New Start projects are currently being built with federal funding, with two projects pending. FTA is working with "40 projects in either preliminary engineering or final design", and "over 100 corridor studies around the country in which new start investments are being considered." Walker stated that on average, New Start projects have been completed within two percent of estimated cost and two months early.

    Walker said that FTA would continue efforts to increase oversight of these major transit projects. He added that because of increased demands for quality public transportation, FTA has included additional oversight resources in its FY 2002 budget request.

Mineta Calls for New Airport Capacity, Streamlining in Remarks to ARTBA

    Calling transportation the "key to our nation's well-being," U.S. Transportation Secretary Norman Y. Mineta on Wednesday said work will begin immediately to develop "a plan of action" to expand airport capacity and streamline airport environmental clearances. AASHTO President Dean Carlson also addressed the emerging capacity problems in transportation systems.

    In other environmental streamlining developments, Mineta was asked by four members of the Senate Environment and Public Works Committee to withdraw and revisit pending regulations aimed at implementing highway-related environmental streamlining provisions of the Transportation Equity Act for the 21st Century. And House Transportation and Infrastructure Committee Chairman Don Young (R-AK) said he plans legislation to place transportation streamlining under a single agency. (See related story in this AASHTO Journal).

    "We must begin today to streamline the review process for airport expansion. We could, for example, do state and federal environmental impact assessments for new runways simultaneously, rather than consecutively, without lessening our commitment to the environment," Mineta said in a speech to the American Road and Transportation Builders Association at its annual meeting in Washington.

    "We will work with the aviation community and Congress over the next year to develop a plan of action for making further improvements to the nation's aviation system. And new runway capacity has to be part of that plan."

    The Bush Administration's proposed budget recognizes this aviation capacity problem, Mineta said, by fully funding the authorized levels for airport grants in AIR-21. Airport grants would total $3.3 billion and overall aviation spending would be 6 percent higher than in 2001.

    Congestion and delay waste travelers' time but also burden the entire economy with inefficiency, higher costs and lost productivity, Mineta said. There needs to be more recognition of the positive impact transportation has on the economy and on communities, he said.

    Some members of key House and Senate committees have indicated their support for quick action to streamline airport capacity expansion. Rep. James L. Oberstar of Minnesota, the ranking Democrat on the House Transportation and Infrastructure Committee, told CQ Daily Monitor that aviation streamlining should be addressed first, followed by streamlining for highways. Senate Commerce Committee Chairwoman Kay Bailey Hutchison (R-TX), and ranking Democrat John D. Rockefeller IV of West Virginia introduced legislation Thursday that would require concurrent federal, state and local reviews of runways, terminals and other airport projects, CQ Daily Monitor reported.

    Mineta's comments to ARTBA, however, spoke to a need to increase capacity in all transportation sectors. Though President Bush proposes to fully fund the highway and transit programs in TEA-21 at guaranteed levels --$32.3 billion for highways and highway safety, $2.1 billion more than in 2001, and $6.7 billion for transit, $486 million above last year's level -- there is a crisis in capacity, Mineta said.

    "A central challenge for the department and the nation is to close the gap between demand for transportation and the capacity of our transportation infrastructure. From Los Angeles, where it takes an average of 20 minutes to negotiate the interchange of interstates 10 and 405 to the Washington area, where many highways become "parking lots" at rush hour, Americans are spending more and more time trapped in their cars," Mineta said. "Drivers in the nation's largest cities spend about 40 hours per year -- a full work week -- stuck in traffic.

    "With more vehicles traveling on our roads and more passengers and flights traveling in the air, our transportation system is operating at near capacity and, in many places, demand is far exceeding that capacity," Mineta said. Congestion and delay waste travelers' time but also burden the entire economy with inefficiency, higher costs and lost productivity, Mineta said.

    "The biggest challenge is to maintain and improve our excellent safety record. The key to surmounting those challenges is to get everyone working in a spirit of partnership to solve these problems."

    Carlson Delivers State DOT Perspective

    AASHTO President Dean Carlson on Thursday spoke of transportation capacity issues, technological innovations, and safety concerns as they relate to state transportation departments in a speech before the ARTBA Annual Meeting.

    Carlson said the nation faces a "crisis in capacity" and that transportation leaders "must restate the reality that our economy is dependent on our transportation system -- and we have nearly reached the limits of what our transportation system can provide." He noted that taking advantage of technology is "the most practical way to make traveling safer and more efficient."

    He called on the research community to identify high-performance materials to help renew and rehabilitate the nation's current transportation system, and praised the work of the Future Strategic Highway Research Program (F-SHRP) and the Long-Term Pavement Performance (LTPP) program.

    Saying recent fatality numbers remain at an "unacceptable level," Carlson called on not only design engineers and safety experts but also motorists to grapple with that problem. He cited AASHTO's teamwork, with FHWA and other groups, on such efforts such as National Work Zone Awareness Week help educate the public on transportation-safety issues.

    Carlson closed his speech reiterating AASHTO's support for environmental streamlining, saying, "Accelerating the process while protecting the environment has been a priority of AASHTO for several years, and will be a focus of our reauthorization effort."

Affirmative Action Again Challenged in Court

    The litigation that led the Supreme Court to impose narrow limits on federal affirmative action programs in 1995 will again be reviewed by the Court to determine if changes to the U.S. Department of Transportation's program meet the "strict scrutiny" guidelines the Court put in place.

    The case arose in 1990 when Adarand Constructors Inc, a white-owned guardrail installer, challenged affirmative-action provisions on the basis they amounted to reverse discrimination. The Supreme Court in 1995 ruled that such programs must be narrowly defined to address a compelling government interest, to remedy clear examples of discrimination. The Clinton Administration responded with a pledge to "mend it, not end it" and issued revised program standards.

    However, Adarand maintains that the Department of Transportation affirmative action program has undergone little change, with the exception of the elimination of bonus payments to contractors who exceed 10 percent minority subcontracting. The 10th Circuit Court of Appeals upheld the program last year as meeting the guidelines of the Supreme Court. That decision is now under appeal, and the Supreme Court agreed to accept the appeal. Some observers believe that the Court may hand down even tighter limits on affirmative action efforts in its decision.

Pilots' Union Rejects Mediation Board Offer of Binding Arbitration in Delta Dispute

    Delta Airlines pilots represented by the Air Line Pilots Association on Thursday rejected an offer from the National Mediation Board to submit to binding arbitration in a contract dispute with Delta, following 18 months of contract talks. Delta had earlier announced its acceptance of the offer.

    The Washington Post reported that as a result of the union's stance, a 30-day "cooling off" period commences -- meaning the union's 10,000 pilots cannot strike and the company will not be able to impose its proposed contract or lock out workers. The mediation board also may seek the appointment of a presidential emergency board by President George Bush; that could delay the onset of any job action by up to 60 days. After that, only Congress has the power to halt a strike if the union calls one.

    Federal mediators say they intend to call the two sides back to the bargaining table the week of April 16.

    The President recently named a PEB in a contract dispute between Northwest Airlines and its mechanics' union. Pilots of a regional airline owned by Delta, Comair, have been on strike since Monday. Sources told the Post that any action by the President directed at Delta may enfold Comair, as it is a wholly-owned subsidiary of Delta.

    The Delta/ALPA contract has been in negotiation since September 1999, and both sides asked for federal mediation last November. Delta had offered ALPA a four-year contract with a seniority-based 7 percent-17.5 percent pay increase, retroactive base pay increases and an average pay increase of 30 percent over the term of the contract.

    However, the union has taken issue with points including compensation, job security, and retirement issues; it also has called strongly for elimination of a two-tiered pay scale at a Delta subsidiary, Delta Express.

Wilson Bridge Foundation Contract Awarded

    The Maryland Department of Transportation has announced that the apparent low bidder on foundation work for the Wilson Bridge reconstruction project over the Potomac River is a nonunion joint venture. Five bids were submitted.

    Tidewater Construction Corp./Kiewit Construction Co./Clarke Construction Group bid $125.4 million to drive steel piles and build on them concrete footings and pedestals for 17 piers. The rest of the 12-lane bridge will rest on those elements. Work is expected to start in May and continue for two years. The ultimate completion of the new drawbridge is now slated for early 2007.

    "The best of the bridge-building world competed for this much-anticipated contract, which guarantees the region's citizens will receive top value from the contractor," said Parker F. Williams, who heads MDOT's State Highway Administration.

    The bid award follows an executive order by President George Bush on February 17, restricting the use of "project labor agreements" on federally funded projects. Such agreements, which require union-level pay scales and working conditions for all contractors on a project in exchange for no work stoppages, were originally planned by Maryland, which is leading construction on the Maryland-Virginia-Federal Highway Administration joint project.

Atlanta Hartsfield is Busiest Airport: Airports Council International

    Hartsfield International Airport in Atlanta was the world's busiest airport in 2000, for takeoffs and landings as well as for total numbers of passengers, the Airports Council International told the Associated Press.

    Preliminary figures released by the Geneva, Switzerland-based group on Monday showed that Hartsfield handled 915,657 flights, up .6 percent over 1999's usage. Chicago's O'Hare Airport, with 908,989, came in second. The Memphis, Tennessee airport, where Federal Express has its headquarters, is the world's largest airport for cargo, handling more than 2.5 million tons. Hong Kong was second, with 2.3 million tons, and Los Angeles third, with 2.1 million tons.

    Based on ACI's analysis of data from 660 airports around the world, the largest passenger-use airports in the world in addition to Atlanta and Chicago were:

    • Los Angeles, with 68.5 million
    • London Heathrow, 64.6 million
    • Dallas-Fort Worth, 60.7 million
    • Tokyo, 56.4 million
    • Frankfurt, 49.4 million
    • Paris Charles DeGaulle, 48.2 million
    • San Francisco, 41.1 million
    • Amsterdam, 39.6 million.
    If the other two London-area airports -- Gatwick and Stanstead -- are combined with Heathrow's numbers, London becomes the world's top passenger-clearing area with 108.5 million people. New York, if all its area airports are combined, would take second place with 92 million passengers. Chicago's three airports combined would make it third with 87.8 million.

    Total numbers of airline passengers worldwide were up by 5.8 percent in the year 2000, to 3.2 billion people. Of those, more than 1.4 billion used North American airports, up 3.9 percent over 1999, and European airports handled 997 million people, up 7.9 percent over the previous year.

    Atlanta also handled 80.2 million passengers, up 2.8 percent over 1999, while O'Hare roughly matched its 1999 passenger numbers with 72.1 million in 2000.

U.S. DOT Releases Preliminary Fatality Estimates for Year 2000

    Traffic-fatality rates for the year 2000 increased, following a record low in 1999, the National Highway Traffic Safety Administration (NHTSA), a division of the U.S. Department of Transportation, reported Thursday as it released preliminary estimates.

    The fatality rate per 100 million vehicle miles traveled rose to 1.6 in 2000, up from 1.5 in 1999. Actual numbers of people killed rose from 41,611 in 1999 to 41,800 in 2000. Alcohol-related deaths stayed at the 1999 percentage of 38 percent, though actual numbers of people killed in alcohol-related crashes rose from 15,786 in 1999 to 16,068 in 2000. Final numbers will be available in July.

    "These statistics underscore the challenges facing this country in highway safety," said U.S. Transportation Secretary Norman Y. Mineta. "Safety is an individual as well as government responsibility, and we must work together to improve it."

    Two areas showed improvement -- deaths of child passengers ages four and under dropped 2.3 percent, from 555 in 1999 to 542 in 2000. There also was a decline in pedestrian deaths, from 4,906 in 1999 to 4,727 in 2000, a drop of 3.6 percent.

    The rate of injuries appeared consistent from 1999 to 2000, with about 3.2 million people injured both years.

    The year-2000 statistics showed that 61 percent of people killed in vehicle crashes were not belted into their vehicles.

    "We've been saying it for years and it's still true: Using your seat belt can save your life," Mineta said.

    Other areas of special interest in the Fatality Analysis Reporting System (FARS) report include:

    • An increase in deaths of young drivers (ages 16-20) with 3,481 in 1999 and 3,570 in 2000.
    • An increase of more than 8 percent in deaths of motorcycle riders, with 2,472 in 1999 and 2,680 in 2000.
    • A drop in fatalities in crashes involving large trucks, from 5,362 in 1999 to 5,307 in 2000.
    • An overall decline in passenger-vehicle deaths in rollover crashes, from 10,133 in 1999 to 10,108 in 2000. In the subcategory of sport-utility vehicles, however, rollover deaths were up 2.8 percent from 1,898 in 1999 to 1,951 in 2000.

FHWA Publishes Handbook of Case Studies in Environmental Justice


ARTBA Seeks Nominees for 2001 Work Zone Safety Awards


National Transportation Asset Management Workshop Planned


New Jersey DOT Publication Featured on AASHTO Web Site





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