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101 Number 29 |
July 20, 2001 |
Executive Digest
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Congress
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Conflict Looms Over Mexico-Based Truck Safety Clearances
As the Senate prepares to
debate the FY 2002 transportation appropriations bill today, a
floor fight is likely regarding language aimed at increasing the
safety of Mexico-based trucks coming into the United States. The
Bush Administration has indicated it will veto the bill if the
restrictions placed in the House and Senate bills remain in the
final package.
Secretary of Transportation Norman Mineta told members of the
Senate Commerce Committee he could not support a proposal by Sen.
Patty Murray (D-WA) to have U.S. DOT inspectors go to Mexico to
inspect trucks at their home firms there, the Washington
Post reported. Murray proposed requiring that requirement
among many others before licenses to operate in the U.S. could be
granted to those trucks.
Instead, Mineta said, U.S. DOT would prefer being given
discretion to determine how to verify whether individual trucking
carriers had adequate safety monitoring, including such services
as drug and alcohol testing for drivers. The standards should be
the same as those for U.S. and Canada-based truckers, Mineta said.
Some members of the committee voiced skepticism, saying Mexican
safety standards are less stringent than those in the U.S. Mineta
replied that the U.S. standards would carry the day.
The House has voted to block Mexican trucks from going more
than 20 miles inside the U.S., a boundary set early in the 1990s
following the adoption of the North American Free Trade Agreement,
or NAFTA, which covers Mexico, the United States and Canada. The
20-mile limit, in place since shortly after NAFTA took effect, has
been struck down by a trade panel as violating access granted to
Mexico through NAFTA.
Several senators are considering offering variations on these
themes during debate, the Post reported. Sen. Byron L.
Dorgan (D-ND) may offer an amendment to join the House in banning
Mexican trucks in the U.S. Senators John McCain (R-AZ) and Phil
Gramm (R-TX) say they will propose safety rules less restrictive
than the Murray plan.
The U.S. DOT Office of Inspector General released an update
Wednesday of its earlier reports on movements of Mexican trucks in
the United States and related issues. The new report says fewer
Mexico-based trucks are being pulled out of service by inspectors
at the border, but the percentage that are yanked off the roads by
U.S. inspectors -- 37 percent -- still is higher than the 24
percent of U.S.-owned trucks taken out of service by government
safety inspectors. Transportation Research Activities Underfunded in Spending
Bills, Earmarks Extensive
Funding for transportation
research and development activities in the House and Senate FY
2002 transportation appropriations bills are below authorized
levels.
Federal funding for transportation research activities in
recent years has fallen short of the levels authorized in the
Transportation Equity Act for the 21st Century, and much of the
funding has been earmarked by Congress for specific activities. As
a result state transportation departments have dipped into their
own funds to replace the federal shortfall for such programs as
Long Term Pavement Preservation SuperPave research.
AASHTO has endorsed full funding of the transportation research
and development program, making it one of its top legislative
priorities of 2001. This past May the AASHTO Board of Directors
approved a resolution supporting a research funding scenario
included in the FY 2002 budget proposal submitted by the Bush
Administration. The proposal implements the TEA-21 provisions that
would provide a share of revenue aligned budget authority (RABA)
to research and also full obligation authority for research. For
FY 2002, that share would amount to $53 million of the total $4.5
billion in RABA funding.
The House and Senate transportation spending bills fund
research at $448 million, short of the $503.7 million proposed by
the administration. Both bills have also rejected the
administration's proposal to provide full obligation authority for
research. While the House version follows the TEA-21 provisions
regarding additional RABA funding for research, it sets an
obligation total lower than what is made available. The Senate
version does not provide any RABA funding for research.
The Senate and House bills also include unprecedented
earmarking for specific projects, accounting for nearly all of the
discretionary funding available for highways, transit and
aviation. Under normal procedures such money would be allocated by
the Department of Transportation based on an application and
review process.
During the conference on the FY 2002 transportation
appropriations bill, members will have to resolve differing
projects receiving earmarks under the same
programs. Momentum Increasing Toward Raising the Fuel Standard
A report by a committee of
the National Academy of Sciences reviewing the current corporate
average fuel economy (CAFE) standard will be supportive of raising
fuel standards for new vehicles, according to The New York
Times . Meanwhile, fuel efficiency for light trucks and
SUVs would increase under the first of numerous energy bills that
cleared House committees this week.
A possible increase in the current CAFE standards has been one
of many issues under consideration as Congress develops a national
energy plan. The National Academy of Sciences was asked to examine
the effects of raising the fuel-efficiency standard, and the
administration and members of Congress are eagerly awaiting the
results of the study. It is set to be released by the end of the
month.
According to the Times, the draft report recommends that
the government set higher mileage standards for cars and
light-duty vehicles, such as SUVs. According to the report, that
could be achieved through improved engine technology, and the
resulting savings in gasoline purchases would offset an increase
in the price of the vehicle.
The NAS report states that fuel efficiency could be raised by 8
to 11 miles a gallon over the next 10 years. However, the report
does not specifically recommend that the CAFE standard, which is
set by the Department of Transportation, be raised. Rather, it
states that efforts should be made to revamp the current system of
setting fuel efficiency regulations, such as allowing auto makers
to trade credits among each other in order to meet an overall
goal.
Energy Plans Underway
This week three House committees reported bills that will
ultimately make up a comprehensive energy conservation and
production package. While efforts to change the CAFE standard were
rejected during debate on a bill passed by the House Energy and
Commerce Committee this week, a provision was approved that would
require a reduction of more than 5 billion gallons of fuel used by
SUVs from 2004 to 2010.
During markup of the bill, members of the Committee also
rejected an amendment that would have allowed the EPA to grant
states waivers from federal reformulated gasoline regulations.
California has sought a waiver from oxygenated gasoline
requirements since MTBE, the most common fuel additive, has been
found to contaminate drinking-water sources and is being phased
out of usage in that state. The amendment was defeated by a vote
of 22 to 33, largely split along regional lines between ethanol
producing states and states mandated to use reformulated fuels.
Meanwhile, the House Ways and Means Committee passed a bill
providing tax incentives for energy production and conservation,
while the Science Committee approved additional funding for
research. House leaders hope to clear on overall energy package by
the end of the week.
The Bush Administration also launched a campaign this week to
build momentum in Congress for enactment of its proposed energy
initiative, stressing the importance of conservation in addition
to expanded production.
Vice President Dick Cheney, who headed the task force that
devised the recommendations, made appearances in three
Pennsylvania cities, and other Cabinet members covered a series of
town hall meetings across the country to focus attention on the
proposals.
In his remarks Cheney called for construction of more
refineries, nuclear power plants, and fuel-efficient hybrid
vehicles. But he also stressed a pro-green approach including
diverse sources of energy in a "balanced approach."
Pressure for swift action on the energy proposals has declined
somewhat as the average price of gasoline has decreased
nationwide. The blackouts that swept through California have been
alleviated through increased energy supply as well as a 10 percent
decline in usage, according to the Washington
Post. EPA Seeks Delay in Clean Water Regs
Faced with widespread
opposition on one hand and a court challenge on the other, the
Environmental Protection Agency this week asked a federal court
for a delay of 18 months to make a controversial clean water
regulation "workable."
The regulation was issued in July, 2000 under the Clinton
Administration and would require state and local governments to
establish limits on runoff and other pollutants called "daily
maximum loads." Loads would have to be set at a level that would
restore polluted lakes, streams and rivers to clean water status.
According to the July 17 Washington Post, the program would
have involved about 21,000 bodies of water across the country.
Opponents of the regulation called it impractical and based
upon questionable science. They succeeded in convincing Congress
to place a one-year moratorium on the imposition of the regulation
as part of the FY 2001 EPA appropriations measure. Congress also
called for a study of the scientific basis for the regulations by
the National Academy of Sciences. That study was released in June
and recommended a more science-based approach as well as better
standards.
Opponents also challenged the regulations in the U.S. Circuit
Court for the District of Columbia. The Justice Department and the
EPA have requested that the Court to delay action on the suit for
18 months, to give the agency time to review and revise the
regulations.
EPA Administrator Christine Todd Whitman said in a statement,
"In order to ensure that this nation's bodies of water are cleaned
up, we need an effective national program that involves the active
participation and support of all levels of government and local
communities. Unfortunately, many have said the rule designed to
implement the TMDL program falls short of achieving the goals."
Research Report Urges Changes
The research report requested by Congress, Assessing the
TMDL Approach to Water Quality Management, contains several
recommendations to improve upon the approach. Specifically it
recommends that:
- Appropriate use definitions be developed for bodies of
water, in advance of any assessment or TMDL development.
Clean-up measures should then be tailored to accommodate the
use;
- A two-tiered list be developed -- a preliminary list which
would identify waters for which sufficient data is lacking and
an action list for which specific TMDL plans are required. No
body of water should remain on the preliminary list for more
than four years without appropriate analysis;
- TMDL plans should be revised and updated as new data is
collected;
- Biological criteria should be used for determining if a body
of water is meeting its desired use, rather than chemical
measurements; and
- Water-quality restoration actions, such as wetlands or
habitat restoration, should be considered during the TMDL
planning, as opposed to simply restricting runoff of pollutants.
A copy of the full report is available at http://www.nap.edu/. Report: Refocus Emissions Enforcement on
Older Vehicles
A committee of the National
Research Council has concluded that many state vehicle-emissions
inspection programs should limit their sweep to the
highest-polluting vehicles, specifically older, malfunctioning
ones, the Associated Press reported Wednesday.
Saying existing programs only curb about half the pollution
earlier predicted, Ralph J. Cicerone, who headed the committee
that wrote the report and serves as chancellor at the University
of California-Irvine, urged a new focus.
"Inspection and maintenance programs should focus on repairing
the worst-polluting vehicles and verifying repairs," he wrote. "We
also need better methods of evaluating the impact of these
programs."
Cicerone, however, stopped short of suggesting such programs
should end. "These programs are absolutely necessary to reduce
harmful auto emissions and achieve better air quality," he said.
According to the report, older and malfunctioning vehicles
comprise about 10 percent of the nation's fleet but emit half of
the worst pollutants. Further, 10 percent of the vehicles required
to be put through emissions testing never get it, and another 10
percent - 27 percent of vehicles don't pass emissions tests.
The committee acknowledged that its findings may raise concerns
about fairness, in that older, malfunctioning cars are likely to
be disproportionately owned by low-income people. As a result, the
panel suggested financial relief or other incentives might be
provided to get the vehicles repaired or replaced.
According to the report, both state and independent evaluations
indicated that the computer models of state agencies and the
Environmental Protection Agency overestimate emission reductions
actually achieved through inspection and maintenance programs.
The Environmental Protection Agency requested the report. The
National Research Council, an arm of the National Academy of
Sciences, independently supplies science and technological advice
to government agencies. GSA Review Identifies Likely New U.S.
DOT Building Site
The federal General Services Administration has released the
results of an environmental review that identifies a vacant
commercial site on the waterfront of the Anacostia River in
Washington, D.C. as the best location for a proposed new U.S.
Department of Transportation Building, the Washington Post
reported Thursday.
U.S. DOT, now housed in the Nassif Building south of the
Capitol Mall and at the Transpoint Building on 2nd Street in the
District, rents its current space. The GSA report identifies a
site known as the Southeast Federal Center as the best location
for a new structure to house U.S. DOT's 7,000 employees.
The GSA's finding may lead to construction on what the
Post identified as the largest unused federal parcel left
in Washington. Thus far, a contract has not been awarded for the
construction work, which is estimated to take about six years.
"As of today, this property represents the best value to the
government," said GSA Assistant Regional Administrator Anthony E.
Costa. "It's taken a while ... but we're happy to be here."
GSA and the Office of Management and Budget have sparred over
the ultimate location of the department, the Post reported,
apparently because OMB disagreed with GSA's calculations regarding
the construction budget. GSA's environmental findings were
released on the same day District of Columbia Del. Eleanor Holmes
Norton (D-DC) had scheduled a hearing in Congress to investigate
delays in the decision. Norton told the Post she supports
placement of the new DOT building at the Southeast site to provide
an anchor for that use and other uses.
The current Nassif location, earlier in the running as a
permanent site, has been out of the running for some time, though
the building's owners are working on securing a lease of up to 10
years with U.S. DOT while construction work is done at the new
site. U.S. DOT earlier looked at several sites, reducing the list
to five options early in 2000. FHWA Seeks Executive Director
The Federal Highway
Administration (FHWA) is recruiting for the Senior Executive
Service position of Executive Director at its Washington, D.C.
headquarters.
The Executive Director is the agency's top-ranking career
executive, and is appointed in the competitive service by the
Secretary of Transportation with the approval of the President.
The Executive Director works with the Federal Highway
Administrator and the Deputy Administrator, and is a strategic
leader of the nation's Federal-aid Highway and the Federal Land
Highway Programs. The Executive Director is a key player in
advancing the surface transportation program and participates with
the Administrator in congressional hearings and in meetings with
members of Congress and their staffs. The Executive Director works
with key officials in the Department of Transportation, state and
local governments, the transportation industry, and other key
stakeholders to address sensitive and complex transportation
policy and program issues.
The Executive Director provides the day-to-day leadership and
direction to the operations of FHWA's programs and senior
executives, and oversees the development of the agency's strategic
and business plans. She/he will have direct and immediate impact
on FHWA's ability to meet its strategic goals and the strategic
goals of the Department of Transportation.
This position closes August 20, 2001, and may be found by
accessing the FHWA web site at http://www.fhwa.dot.gov/. AASHTO Appointment
AASHTO President Dean
Carlson has made the following appointment to an AASHTO Committee:
Kam Movassaghi, Louisiana, appointed to a three-year term as a
member of the Thomas H. MacDonald Award Committee, to fill a
vacancy.
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