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Volume 101 Number 22
June 1, 2001
Executive Digest

Congress
Information
Details

Senate to Convene with a New Majority

    Senators will return to a new regime next week, in which Democrats hold the majority, requiring a reorganization of everything from committee chairs to the power-sharing agreement reached by leaders in January. Senator Jim Jeffords, now an Independent from Vermont, will likely chair the Senate Environment and Public Works Committee.

    The departure of Jeffords from the Republican party has produced what the Congressional Quarterly Daily Monitor called a "seismic shift" in the Senate, with impacts ranging from the replacement of Trent Lott (R-MS) with Tom Daschle (D-SD) as Majority leader, to the shuffle of majority and minority committee office spaces.

    Most observers maintain that the slim one-vote Democratic majority in the Senate will still require a bipartisan approach to legislation, or a "tri-partisan" approach as Senator Daschle suggested this week. But they also agree that the change will have a significant impact on the Senate's agenda, and the way in which Bush legislative proposals are received, including energy and environmental legislation.

    Aside from new chairmen across the board, there are unlikely to be major changes to committee membership, although Democrats appear likely to assume the one-member majority on each panel that the Republicans had previously enjoyed. Still, the so called "power-sharing" agreement reached between the two parties earlier this year is now considered null and void, and subject to renegotiation.

    Senator Robert Byrd (D-WV), who will regain his former position as Chairman of the Appropriations Committee, said this week that he will abide by the FY 2002 budget resolution and the $661.3 billion discretionary spending ceiling which it contains. However, he reportedly does intend to revisit the Subcommittee allocations (known as the 302(b)s) to reflect Democratic priorities.

    Jeffords to Move From Health to Environment

    Jeffords' shift to Independent status reportedly came with an agreement by Democrats that Senator Harry Reid (D-NV) will surrender his opportunity to chair the Environment and Public Works Committee, to allow Jeffords to take that seat. Jeffords had been the Chairman of the Health, Education, Labor and Pensions, which will now go to Senator Edward Kennedy (D-MA).

    In assuming the chair of the transportation authorizing committee, Jeffords will be following in the footsteps of Senator and former Chairman Robert Stafford (R-VT), who Jeffords was elected to replace in 1988 after Stafford's retirement. Jeffords has been a strong supporter of wind and solare energy projects, and as a history buff is keenly interested in historic preservation. He worked to ensure that the National Historic Covered Bridge Preservation Act was included in the TEA-21 legislation in 1998. Jeffords is a graduate of Harvard Law School, and served in the state legislature and as state attorney general before being elected to the House of Representatives in 1974, where he served six terms.

FAA Releases Report on Environmental Reviews of Airport Projects


    While the federal environmental review process for new runway projects average over three years, a number of other factors, including public opposition, contribute to the 10-year average time it takes to build new runways, according to a report issued by the Federal Aviation Administration last week.

    The report contains current activities by the FAA and future recommendations to streamline the environmental review process. It was mandated under Section 310 of the Aviation Investment and Reform Act for the 21st Century (AIR-21), which directed the Secretary of Transportation to study the federal environmental requirements related to the planning and approval of airport improvement projects. FAA Administrator Jane Garvey unveiled the report before a hearing of the House Subcommittee on Aviation on May 24.

    Garvey noted that 31 airports in the country account for 70 percent of passenger travel, and that 25 of these airports account for 86 percent of severe air traffic delays nationwide. At these 31 airports, 18 new runways are in the planning stage between now and 2010. Nine projects have received environmental approval, while environmental impact statements (EISs) are currently underway for five other projects.

    In his opening remarks Subcommittee Chairman John Mica (R-FL) said "we have not built enough runway capacity to keep pace with air travel demand. We are all frustrated by the amount of time it takes to build a new runway. It is just too long."

    Although supportive of finding ways to improve the environmental review process, Mica and other members cautioned that environmental protections should not be compromised. Rep. Jim Oberstar (D-MN), Ranking Member of the full Transportation and Infrastructure Committee, said that while he would support reforms to speed up the environmental process, "I will not support streamlining that is merely a thinly-disguised cover for limiting environmental protections or due process."

    Report Recommendations According to the FAA report, an average of three and a half years is needed to complete environmental impact statements (EIS) for new runways, which accounts for one-third of the 10-year average time it takes to complete the planning process for a runway project. The FAA notes, however, that eliminating the EIS process would not necessarily equate to a three year reduction in the planning process, since there are numerous additional tasks that must be completed.

    Several additional federal, state and local permits outside the FAA's purview must also be undertaken. For example, the FAA must account for approximately 40 separate federal laws and regulations in addition to NEPA, along with numerous state environmental requirements. Completing these reviews can be difficult given the differing missions of federal and state regulatory agencies and limited staffing to conduct reviews.

    Even more daunting is local opposition to projects. The report states "the underlying environmental impediment to airport expansion is not the environmental review process. It is the opposition on environmental grounds to airport expansion." Concerns over additional noise from expanded runway capacity are the primary cause of public opposition, the FAA states.

    Regardless, the FAA reports that steps can be taken to improve the environmental review process. "While the environmental review process may not be as long as some people may perceive, it is a substantial component of the airport planning process and merits consideration and adoption of streamlining initiatives," the report states.

    During her testimony and in the report Garvey outlined some initiative currently underway in FAA to enhance and streamline FAA's environmental performance. They include:

    • Establishing "EIS teams" for each new EIS required for runway projects at major hubs. The FAA is also working to strengthen these teams by adding more FAA members, asking airport proprietors to contribute members, and adding EIS consultants to the teams;
    • Reallocating FAA resources to better staff EIS teams, and finding ways to develop reimbursable funding arrangements for airport proprietors to pay for additional FAA staff experts;
    • Maximizing consultant resources to perform more EIS tasks;
    • Streamlining the environmental review process by using more categorical exclusions and shortening and streamlining EISs, as well as Environmental Assessments/Findings of No Significant Impact (EA/FONSI). The FAA's current proposal to expand the categorical exclusion list is in its final stages, and the streamlining effort for EISs and EA/FONSIs will begin this summer in consultation with the Council on Environmental Quality. The FAA also outlines specific ways to reform its EIS practices;
    • Improving interagency cooperation and coordination on environmental reviews for airport projects and on the issuance of environmental permits. The FAA plans to better engage other agencies a the very beginning of an EIS, including the formation of a Memorandum of Understanding between participating agencies to outline roles and working relationships; and
    • Compiling and issuing a guide to best practices for EIS management and preparation.
    The report includes a number of "next steps" the FAA hopes to undertake to further improve the environmental approval process. They include looking into broadening the eligibility of airport revenue for the purposes of environmental mitigation; airport funding of FAA EIS team resources; and requesting legislative action to eliminate the current requirement for a Governor's air and water quality certification, given that such protections are covered under federal statues.

Bill Prohibits Use of Mobile Phone While Driving


    Legislation has been introduced in the House and Senate that would penalize states that do not adopt laws restricting the use of mobile phones while driving.

    Sen. Jon Corzine (D-NJ) introduced S. 927, titled the "Mobile Safety Act of 2001," on May 22, while a counterpart version (H.R. 1837) was introduced in the House by Rep. Gary Ackerman on May 15. Both bills direct the Secretary of Transportation to withhold federal-aid funding from states that fail to enact and enforce a law that prohibits individuals from using a mobile telephone while operating a motor vehicle.

    Specifically, states in noncompliance would have 5 percent of their program withheld beginning in FY 2004, which would increase to 10 percent beginning in FY 2005 and thereafter. The legislation does allow for the use of phones if hands-free devices are used or in cases of emergencies.

    "While legislating this behavior will not end all cell phone related accidents, at least it's something" Ackerman said in a statement. "If it saves one life or prevents one serious accident, the measure is worth it. We don't want to take away drivers' cell phones--just make them safe. We're confident of Congressional passage and we call upon President Bush to support the ban."

Bill Introduced to Study Reduction of Gasoline Blends


    In response to increasing gasoline prices, particularly in the Midwest, legislation has been introduced in the House of Representatives that calls on the Environmental Protection Agency to study reducing the number of different gasoline blends available across the country.

    Reps. Mark Green (R-WI) and Paul Ryan (R-WI) introduced the legislation on May 24, and it has 11 co-sponsors. The bill (H.R. 2017) directs the EPA to look into whether the creation of more uniformity among gasoline blends could help ease supply problems and bring down prices. Green and Ryan indicate that by reducing the number of different blends across the country, supply crunches could be reduced.

    The recent spike in gasoline prices has been due in part to limited supplies of reformulated gasoline, particularly in the Midwest. Green and Ryan state that over 40 different blends of gasoline are used nationwide, with nearly half of those distributed throughout the Midwest. Refiners have claimed that producing boutique fuels for different areas have constrained the supply of gasoline and have subsequently driven up prices.

    The two are hoping to secure immediate consideration of the legislation. Under the bill, the EPA study would have to be completed within four months. The study must not only address the issue of fuel-type consolidation, but also more specific issues such as meeting air quality standards and using ethanol in any proposed Midwestern regional blend.

Freight Trends Pose Major Transportation Challenges



Transportation Ties to Agriculture, Recreation Examined

    In light of the importance of transportation to tourism, industry advocates are prepared to support boosting federal funding in the coming reauthorization of highways and transit, according to Derrick Crandall, President of the American Recreation Council.

    The role of transportation in the economic sectors of tourism and agriculture were topics of several briefings to the AASHTO Board of Directors at their meeting in Wichita, Kansas, May 21.

    Recreation Coalition Eyes Reauthorization Crandall told the board that the nation's $600 billion annual tourism industry provides 7.8 million jobs, and ranks as one of the top three industries in every state. The linkage between transportation and tourism was enhanced with the creation of federal programs such as Transportation Enhancements, Scenic Byways and Rails to Trails, he said. With the reauthorization of federal highway and transit programs coming up in 2003, Crandall sad that industry will shift its focus from the advocacy of specific programs to support of overall increases to the program as a whole. Crandall described a number of possible options for cooperation, saying that the reauthorization will provide opportunities to build partnerships and expand outreach, as well as finding creative ways to boost funding beyond that provided by the Highway Trust Fund.

    Focusing on transportation and tourism in Vermont, Brian Searles, Secretary of the Vermont Agency of Transportation, said that the state's biggest challenge is to resolve the clash between providing appropriate development of transportation infrastructure and retaining natural beauty. Tourism is an international business for the state, responsible for $4 billion annually. He noted that the transportation department had entered into a formal agreement of cooperation with the department of tourism, and shares staff. Because 80 percent of tourists travel by car, he said that the state has eliminated roadside billboards, controlled development at interchanges, and applied flexibility in bridge design.

    Agriculture Trends to Impact Transportation Like its manufacturing counterpart, the agriculture industry is also turning to just-in-time delivery of products, according to Jon Meyer, of the North American Transportation & Logistics division of the Excel Corporation. Meyer noted that 67 percent of his firm's meat production is exported, and the need for immediacy of deliver will steer the industry more to trucking shipments as opposed to rail.

    The motor carrier industry, he suggested, is approaching a "Perfect Storm" beleaguered by rising fuel costs, rising insurance costs, declining used truck values, declining number of drivers and a downturn in the economy. He noted that 10 to 15 percent of the price of goods is determined by transportation costs.

    Discussing how state DOT's can assist the industry, Meyer noted that safety, infrastructure investment and adequate facilities are key interests, along with uniform enforcement of regulations. He called for increased truck weights, noting that heavier trucks would result in fewer trucks on the highways, reducing congestion.

    David Galt, Director of the Montana Department of Transportation, stated that in light of the increasing demands for freight transportation, it is important that Congress continue the funding levels of TEA-21. He described a state study conducted to evaluate the economic impact of 80,000 pound trucks, and noted that Montana does change trucking feels based upon configuration. With an annual export of 167 thousand bushels of wheat form Montana, Galt said that the state is heavily reliant upon both rail and trucking transportation.

American Airlines Closer to Strike Countdown


    Coming closer to a strike, the board of the flight attendants union at American Airlines on May 30 rejected binding arbitration.

    A spokesperson for the Association of Professional Flight Attendants said the board unanimously rejected the offer made by federal mediators after the breakdown last week of the latest round of talks over salary and benefits.

    Analysts predict that a settlement is still more likely than a strike, but the union vote raised the possibility of a walkout. More than 2,400 daily flights could be grounded at the world's largest airline just as vacation travelers head out during the busy Fourth of July holiday period.

    With arbitration rejected, the National Mediation Board said its next step will be to declare a 30-day "cooling off" period before the union can go on strike. Members have already authorized a job action. Union officials said they expected the countdown period to start as soon as Thursday.

    American Airlines, a unit of Fort Worth, Texas-based AMR Corp, released a statement that expressed its disappointment, but was also prepared to meet at any time and place to continue talks.

    The airline said it had offered the best overall flight attendant contract package in the industry, including a 21.6 percent pay scale increase over six years, a 3-percent signing bonus and profit sharing. However, union President John Ward has said differences remain in core economic issues of minimum pay, salary and health and life insurance, with a gap of about $200 million between the union and the company.

NHTSA Reports Major Gains in Seat Belt Use in States with New Primary Belt Laws



Transportation Operation Issues Studied


Highway Subcommittee on Bridges and Structures Meets

    Implementation of the new Load and Resistance Factor Design (LRFD) bridge design specifications, training and software were among the topics covered in a four day meeting of the AASHTO Subcommittee on Bridges and Structures held in Seattle on May 20-24.

    With 400 registered attendees, all the member departments were represented. Continuing their expedited on-site review process, the subcommittee balloted many changes to a series of bridge specifications at the meeting rather than using mail ballots after the meeting.

    Many timely and technically advanced presentations were made, including a special lecture on seismic retrofit of bridges in California. David Pope of Wyoming, the subcommittee chair, was presented with a plaque by AASHTO for his outstanding service over the last four years.

Nober, Bertram to Join U.S. DOT


    Roger Nober, General Counsel for the House Transportation and Infrastructure Committee, and Christopher Bertram, Senior Professional Staff Member for the House Subcommittee on Highways and Transit, are leaving to join the U.S. Department of Transportation.

    Nober and Bertram served as key staff members under then Chairman Bud Shuster (R-PA) during the development and passage of TEA-21. During their tenure they played major roles in gaining consensus on the bill and subsequently protecting the funding guarantees included in TEA-21.

    Nober has joined the Office of the Secretary as Senior Advisor to Deputy Secretary Michael Jackson. In his new role, Nober will oversee a wide range of policy issues including aviation, surface transportation, and future authorization legislation.

    Bertram has joined the Federal Aviation Administration as Assistant Administrator for Budget and Financial Management. There he will oversee the financial and accounting activities of the agency, and will lead the effort in implementing the FAA's new cost accounting system.



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