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102 Number 22 |
May 31, 2002 |
Executive Digest
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Congress
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National Governors' Association Again Voices Support for Full
FY 2002 Funding
The chairman and
vice-chairman of the National Governors' Association have written
a letter to Senate Appropriations Committee leaders, urging
support for Nevada Sen. Harry Reid's effort to restore fiscal year
2003 highway funding to at least the bipartisan level agreed to by
the Senate Budget Committee - $28.9 billion.
In the May 22 letter, NGA Chairman Gov. John Engler of Michigan
and Vice-Chairman Gov. Paul E. Patton of Kentucky also note that
quick resolution is needed "because most state FY 2003 budgets
begin on July 1." Delay would cause the domino effect of
"disruption and drastic cuts in the current construction season."
A copy of the NGA leaders' letter is enclosed for members of the
AASHTO Board of Directors.
"With states continuing to experience unprecedented shortfalls
in revenues, this is not the time for any reduction in highway
funding," the NGA leaders said in the letter, addressed to Senate
Appropriations Committee Chairman Robert Byrd (D-WV) and Ranking
Senate Appropriations Committee Member Ted Stevens (R-AK). "The
impact of the proposed cutback would be felt immediately in many
communities across the nation absent any swift action to restore
current year funding."
Members of both chambers have sought to restore at least a
portion of the $8.6 billion reduction slated for highway programs
under President Bush's FY 2003 budget. The cuts result from a
decline in revenues to the Highway Trust Fund, which triggered a
reduction under the revenue-aligned budget authority (RABA)
provisions of the Transportation Equity Act for the 21st Century
(TEA-21). Under RABA, if funds came into the Highway Trust Fund in
excess of estimated sums in TEA-21, they would be apportioned out
to the states for highway use; however, RABA also held the
prospect of "going negative" if sums coming in proved lower than
earlier projections. Revenue for FY 2001 and estimates for FY 2003
are lower than estimated in the FY 2002 budget.
"The National Governors' Association has supported restoration
of these highway funding cuts from the beginning, and the members
of AASHTO deeply appreciate the continuing support shown by Gov.
Engler and Gov. Patton at this time," AASHTO Executive Director
John Horsley said. Up to $20 Million Sought to Repair Oklahoma Bridge Downed by
Barge Strike
Members of the Oklahoma
Congressional delegation are expected to seek $15 million - $20
million - a figure that may be revised upward when more data
becomes available -- to repair the Interstate 40 bridge over the
Arkansas River near Webbers Falls in eastern Oklahoma that was
downed early Sunday when it was struck by a barge. Authorities
have confirmed 14 fatalities.
As Oklahoma officials on Thursday began to shift efforts from
recovery of victims' remains to restoration of the bridge, which
carries 20,000 vehicles a day, investigation continued into the
possible causes, the Associated Press reported.
Officials of the National Transportation Safety Board were
waiting to interview the captain of the tugboat that was moving
the barge, William Joe Dedmon, who was reported to have told
authorities shortly after the incident that he blacked out. AP
reported that Dedmon tested negative for use of drugs or alcohol.
The barge had traveled outside the shipping channel of the river
when the incident occurred, according to authorities.
The Oklahoman reported on Friday that NTSB had
determined Dedmon got less than 10 hours' sleep during the 41-1/2
hours preceding the accident. The newspaper also quoted Coast
Guard Lt. Natalie Magnino as saying federal regulations do not
require a specific amount of sleep for a tugboat pilot, though
they do specify that pilots must be on watch no more than 12 hours
in a 24- hour period, except in an emergency.
Dedmon was said to be "devastated" by the incident.
AP reported that the downed bridge had been reinforced within
the shipping channel against possible boat contact with piers, in
keeping with standards. However, an NTSB representative, George
Black, told AP that the risk of such incidents may rise as the
traffic in, and tonnage of, river barges is increasing over time.
AASHTO members urged the public to seek alternate routes to
Interstate 40 for trips passing through eastern Oklahoma, to help
travelers nationwide avoid lengthy detours that have had to be
established near the disaster site.
Nearby towns also are adversely affected by the sudden bridge
outage, AP reported. In the town of Gore, on one of the detour
routes, curbs were torn out to enable semi-tractor trailers to
round a tight curve in the middle of the town.
Supreme
Court Expands States' Immunity in Federalism Case
The U.S. Supreme Court this
week expanded the concept of states' sovereign immunity from
private lawsuits to include private complaints brought through
federal agencies, in a 5-4 ruling, the New York Times
reported.
The case involved a dispute between the federal Maritime
Commission, which enforces the federal Shipping Act, and the
state-owned Port of Charleston, South Carolina. The Maritime
Commission had attempted to force the port to grant a berth to a
cruise-line ship, which filed the original complaint with the
federal commission.
According to the Times, the case marks the first time
the high court has applied the 11th Amendment to the Constitution,
which limits "the judicial power of the United States," to a place
outside a courtroom, by immunizing states from the actions of
executive-branch agencies.
The majority - led by Justice Clarence Thomas, joined by Chief
Justice William Rehnquist and Justices Sandra Day O'Connor,
Antonin Scalia and Anthony M. Kennedy - held that federal agency
proceedings, often presided over by administrative law judges,
share "strong similarities" with federal court proceedings.
The Times noted that the impact of the ruling may not,
at least immediately, be sweeping, in that it only applies to
administrative actions initiated against states on the basis of
complaints brought by private parties.
Dissenting Justices Stephen Breyer, John Paul Stevens, David
Souter and Ruth Bader Ginsburg said the removal of private parties
from administrative actions against states would require "forced
growth of unnecessary federal bureaucracy" to compensate. Breyer,
who wrote the dissenting opinion, said the ruling "lacks any firm
anchor in the Constitution's text."
The case was Federal Maritime Commission v. South Carolina
Ports Authority, No. 01-46. Retiring Coast Guard Commandant Named to
Transportation Security Agency
Admiral James M. Loy, who
retired on Thursday as commandant of the U.S. Coast Guard, was
named chief operating officer of the new Transportation Security
Administration by U.S. Secretary of Transportation Norman Y.
Mineta, the Washington Post reported.
Loy, whose appointment does not require Senate confirmation,
will take on some of the duties now handled by Stephen J. McHale,
top aide to TSA chief John W. Magaw, according to DOT spokesman
Chet Lunner. Loy and former Treasury official McHale both will
have the title of deputy undersecretary and will have equal
standing in the agency, Lunner said, with McHale responsible for
policy, training and enforcement and Loy responsible for
day-to-day operations.
"If you're putting together a team and a star player happens to
move into the neighborhood, you want to act expeditiously," Lunner
said. "That's what Secretary Mineta did."
Loy, a Vietnam veteran with more than 30 years' experience in
the Coast Guard, has impressed Mineta with his management of an
agency that has an aging fleet and low funding, Lunner said. Under
Loy's leadership, the Coast Guard rapidly mobilized to close major
U.S. ports and evacuate more than a million people from Manhattan
on Sept. 11, 2001, the day terrorists crashed commercial aircraft
into the two towers of New York's World Trade Center.
Even before Sept. 11, Loy had called for improvements to
maritime security, and since then he has redirected the Coast
Guard to increase its focus on security. In testimony before a
House subcommittee in December, Loy called for better inter-agency
and international security coordination, saying much of the needed
information "is, to a great extent, already available."
Transportation officials and members of Congress said the
appointment will help make the TSA a security agency for all
modes, expanding its initial focus on aviation security.
"Admiral Loy is the consummate professional - a superb choice
for this key post," said AASHTO Executive Director John Horsley,
who worked with Loy at U.S. DOT from 1993-1999, when Horsley was
Associate Deputy Secretary and Director of the Office of
Intermodalism. "Jim Loy has demonstrated his leadership over many
years."
Loy will give the TSA "a wealth of knowledge and experience in
maritime security" to improve security in all transportation
sectors, stated Sen. Olympia Snowe (R-ME), a senior member of the
Senate committee overseeing the U.S. Coast Guard.
"His expertise in maritime transportation security will be
invaluable to the TSA's overall efforts to protect our nation's
transportation systems from terrorism," said Rep. Frank A.
LoBiondo (R-NJ), who chairs the House Transportation Committee's
Subcommittee on the Coast Guard and maritime transportation.
Kansas
Lawmakers Pass Gas/Diesel Tax Increase
Kansas legislators have
passed an increase in motor-fuel taxes by 2 cents per gallon
starting in July, in part to restore funds borrowed from the
highway program for general state use as the state dealt with
overall budgetary straits.
In addition to increasing gasoline and diesel-fuel taxes by 2
cents a gallon beginning in July, another one-cent increase is
slated to take effect in July, 2003 as a result of legislation
passed in 1999. Registration fees also will increase $5 for cars
and pickup trucks, while registration fees for other vehicles will
increase from $2 to $10 based on weight and functional
classification.
"I'm pleased that the legislature demonstrated its commitment
to the Comprehensive Transportation Program by providing continued
funding," said E. Dean Carlson, Secretary of the Kansas Department
of Transportation. "I realize it was not easy to pass a separate
transportation package during this especially difficult session,
and KDOT appreciates the support shown by those who voted for that
package.
"Based on the legislation's restoration of the sales tax demand
transfer beginning in FY 2004, we are ready and able to continue
with the program and will not be making any project cuts. This is
welcome news for the many communities of Kansas that are counting
on the transportation improvement projects promised in the
Comprehensive Transportation Program," Carlson said.
The package -- passed separately from an omnibus tax measure
adopted by the legislature -- makes up for some highway program
money Kansas' governor and legislature used to maintain order in
the state budget.
The 1999 transportation funding package included a commitment
to transfer an increasing percentage of sales-tax receipts from
Kansas' general fund to its highway fund, but the full transfer
has not occurred yet, and the entire transfer for the current
fiscal year -- $157 million -- was eliminated to help the state
grapple with its budget situation. Lawmakers also borrowed $95
million from the highway fund to cover general-fund commitments;
that money is slated to be repaid by the end of fiscal 2003.
Record
Number of State Transportation Projects Under Construction in
California
Citing a "transportation
renaissance," California Gov. Gray Davis on Thursday announced a
record number of state transportation projects are underway in
California, where transportation projects have been held harmless
against project cuts despite overall state budget adjustments. The
governor's remarks were made as ground was broken on a new
Department of Transportation (Caltrans) building in Los Angeles.
"My administration is working hard to relieve the
transportation bottleneck," Davis said, noting there will be $1.4
million in projects -- more than 125 -- under construction by the
end of this year in Los Angeles and Ventura counties alone. Across
the state, the number rises to $7 billion - which represents a 50
percent increase over three years. By year's end, one in every
five miles of California highways will be under construction,
Davis said. "We're making our roads wider, faster, and safer.
We're keeping our freeways free. And we're getting California
motorists moving again," he said.
In recognition of the significance of transportation to state
residents, Davis has achieved a budget with no transportation
project cuts this year even as the state has dealt with a deficit
of more than $20 billion in one of its toughest budget years in
history.
Larry Fisher, executive director of the group Transportation
California, called it "heartening" that the governor and
legislature "are continuing to emphasize the importance of
investing in transportation. Clearly, this is a tough budget
year," Fisher said. Publicity Tab for HOV Start-ups Raises
Engineering, Political Questions
Transportation officials in
Washington State are debating whether to spend up to $2 million to
open high-occupancy-vehicle (HOV) lanes to all traffic after rush
hour, even though Department of Transportation engineers say few
people will drive on them then, the Seattle Times reported.
"It's not an engineering question - it's a political question,"
said Mark Hallenbeck, director of the Transportation Research
Center at the University of Washington. The price tag is based on
estimated costs of signs and publicity campaigns educating
citizens about the proposed changes.
Opening the lanes between or after rush-hours may be a way to
get people to vote for a proposed gas-tax increase, Hallenbeck
said. "What do we really get if we let people in the HOV lane,
operationally? Nada."
Washington's Department of Transportation is considering four
options: opening car-pool lanes at night; opening them on
weekends; opening them at midday during the week; or opening them
during peak hours but in the opposite direction of the commuting
traffic. The fourth option is the least likely, officials say.
Charlie Howard, director of the DOT's planning and policy office,
said the agency is working to deliver a recommendation to the
Transportation Commission by its June 19 meeting.
State studies show that demand for HOV lanes during non-peak
hours is low. Between 8 p.m. and 5 a.m. the lanes carry fewer than
500 vehicles an hour, a number that drops to zero on some roads
between midnight and 4 a.m., Howard said.
During peak times, carpool lanes carry as many as 1,200
vehicles an hour. And within Seattle, carpool lanes serve twice as
many people as general-purpose lanes during peak commutes,
according to a study by the Washington State Transportation
Center.
The question, Howard said, is whether paying $2 million for
signs and publicity will be worth the public goodwill it could
generate, even though it probably won't affect actual traffic
patterns significantly. Census: Travel Times Rise
Census 2000 data for 41
states, released this week following analysis, reveals that
increasing numbers of drivers are facing longer commutes and
traveling solo instead of using carpools or similar shared-trip
arrangements, the Associated Press reported.
The Census Bureau this week only made results public from eight
states, saying other states' will be on the street next week after
the 50 states have a chance to see the data.
Among the early statistics made public:
In the Maryland suburbs near Washington, D.C., the
average one-way commute has grown from 30 minutes in 1990 to
nearly 35 minutes, 10 years later. In that area, the percentage
of drivers ages 16 and up using carpools went down from 16
percent to 14 percent, while those who acknowledged they drive
alone went up from 67 percent to 70 percent.
In Chester County, Pennsylvania, where new home developments
are drawing people who work in Philadelphia, commutes have
lengthened in duration from 24 minutes on average to 27 minutes.
Solo driving is up about 3 percent to 79 percent in
Philadelphia's suburbs bordering New Jersey, the study said.
In Nashville, Tennessee, a one-way commute into work got
longer by three minutes, to 23 minutes on average. Some 80
percent of the employees in that area drive by themselves, AP
reported.
The results - released for Delaware, Maryland, Pennsylvania,
Missouri, Kentucky, Tennessee, Virginia and West Virginia - came
from the survey information cached in the Census' "long form,"
which asked a detailed list of questions of 20 million household
heads across the nation. FHWA Video to Help Curb
Utility-Relocation Roadbuilding Delays Available
The Federal Highway
Administration has produced a 19-minute video aimed at audiences
within highway-construction agencies and utilities, which outlines
successful approaches in seven states to coordinating utility
relocations so everyone involved saves time and money.
The video, titled "CCC: Making the Effort Works!" focuses on
the "CCC" principles of coordination, cooperation, and
communication that can help infrastructure builders and the
utility staff they work with compare notes earlier and with better
results, said King W. Gee, FHWA's Program Manager for
Infrastructure.
"Making the commitment (a fourth 'C') to CCC has not been a
high enough priority with most agencies and utility companies,"
Gee said. The video, based on research and recommendations
contained in AASHTO's Utilities Guidelines and Best Practices,
provides tips on working through the process and aims to "motivate
them to work in partnership with each other," Gee said.
Copies of the video can be obtained by contacting FHWA's Paul
Scott at (202) 366-4104 or John Perry (202) 366-2023.
U.S. DOT
Makes $75 Million Grant to Airport BART Line
U.S. Secretary of
Transportation Norman Y. Mineta announced a $75 million Federal
Transit Administration grant to the San Francisco Bay Area Rapid
Transit District (BART) for the San Francisco Airport Extension
Project.
Mineta stressed the Bush Administration's efforts to promote
mobility and reduce congestion. He termed public transportation "a
strategic investment.".
"For hardworking Americans, the payoff is vibrant and thriving
communities with safe and convenient access to employment, medical
care and the many activities of daily life," Mineta said.
The San Francisco Airport Extension Project is an 8.7-mile,
four-station extension to San Francisco International Airport of
the BART rapid transit system. The grant will be used to design
and build the South San Francisco, San Bruno, and Millbrae
stations and parking structures, as well as line, track work and
systems construction.
In June 1997, the Federal Transit Administration entered into a
Full Funding Grant Agreement of $750 million in New Starts
funding, to support the $1.5 billion project. The funds awarded
today bring the total federal funds obligated to date to $371
million. The extension is scheduled for completion in December
2002. Seat-Belt Laws Upheld in "Click It or Ticket" Campaign
In support of the national
"Click It or Ticket" campaign, state police throughout the country
are issuing tickets for failure to wear safety belts.
State troopers in Arkansas handed out 851 citations and issued
270 warnings for seat-belt violations during the recent Memorial
Day holiday weekend. The state patrol joined other agencies
backing the "Click it or Ticket" campaign to increase use of seat
belts among Arkansas motorists. Memorial Day was the first major
holiday travel weekend since the campaign began.
In Hawaii, more than 2,600 seat-belt citations have been issued
statewide since the start of the campaign, and police say they've
noticed an increase in the use of seat belts, according to the
Honolulu Advertiser. On Oahu, police issued 1,093 seat-belt
citations and 34 citations for violations of child safety
restraint requirements May 20-24.
Elsewhere in Hawaii, police issued 652 seat-belt and
child-restraint citations on the Big Island May 13-25. Kaua'i
police issued 121 seat-belt citations and seven child-restraint
citations May 20-24. On Maui, police issued 812 seat-belt
citations and six child-restraint citations May 14-24.
More car occupants are wearing seat belts, said Maj. Robert
Prasser of the Honolulu Police Department.
"That's the goal." Missouri Gets Road-Improvement Package
on Ballot
Meeting a tight deadline,
state officials in Missouri finished paperwork that will ensure
space for a $511 million road-improvement package on the August 6
ballot, the Kansas City Star reported.
The measure will ask voters to raise the state's sales tax by
one-half cent on the dollar, and the fuel tax by 4 cents a gallon.
According to the St. Louis Post-Dispatch, the state
auditor's office estimates the proposed increases will generate
$431 million for state highways, roads, bridges and public
transportation. Cities would get an additional $52 million.
Here is the transportation tax question as it will appear on
the Aug. 6 ballot:
"Shall Missouri statutes be amended to impose additional sales
and use taxes of one-half cent on the dollar and an additional
motor fuel tax of four cents per gallon, for highway and
transportation purposes until July, 2013, unless extended by a
vote of the people, and establish an inspector general within the
Department of Transportation?"
In a related development, the Dispatch reported that
Gov. Bob Holden signed a bill that indefinitely extends a
motor-fuel tax of 6 cents on the gallon passed by the Legislature
in 1992. The tax had been scheduled to end in 2008.
Florida
Promotes Safer Cell-Phone Use on Roads
The Florida Highway Patrol
handed out free cell-phone headsets along the turnpike in South
Florida, launching a campaign to promote safer cell-phone use
while driving, the Associated Press reported.
The campaign follows Gov. Jeb Bush's signing of a bill in April
that prohibits local governments from regulating cell-phone use;
now only the state can regulate it. The bill also calls for the
state's Department of Highway Safety and Motor Vehicles to collect
data on accidents caused by driver distraction and report back to
lawmakers.
The patrol's year-long campaign will include billboards,
public-service announcements, special safety events and other
educational items with the slogan ''Drive responsibly . . . call
with care.'' In conjunction with the highway patrol, Verizon
Wireless is donating more than 10,000 hands-free headsets.
''Teaching wireless safety to the ever-increasing numbers of
drivers using wireless phones will greatly help our mission,'' Lt.
Pat Santangelo said.
Local governments throughout the state had considered, or
already begun, cell-phone bans to combat phone-distraction crashes
before the Legislature passed its bill. Correction
A story in last week's
AASHTO Journal misstated the upper limit on proposed Senate
language regarding highway spending in fiscal year 2003. Instead
of $29.9 billion, the figure should have read $28.9 billion. We
regret the error. May Issue of "FOCUS" is Available
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