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101 Number 33 |
August 17, 2001 |
Executive Digest
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Congress
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Bush
Reiterates Stand on Mexican Trucks
President George W. Bush on
Wednesday reiterated his opposition to provisions of the House and
Senate transportation appropriations bills that would make it more
difficult for Mexican trucks to operate in the United States, a
possible warning that the as yet unconferenced bill may face a
veto.
The safety of Mexican trucks was one of the most hotly debated
issues in both the House and Senate during action on the
transportation appropriations bills, and has now become even more
partisan with Democrats maintaining that the issue is one of
public safety, while Republicans claim it is one of discrimination
against Hispanics.
In a speech delivered in New Mexico to the Hispano Chamber of
Commerce, Bush said, "there are some voices that want to wall us
off from Mexico. . . I say to them who want to condemn our
neighbors to the south to poverty that I refuse to accept that
type of isolationist and protectionist attitude." Bush said that
the trucking limitations represent "discrimination against Mexico.
I say if we are going to have NAFTA (the North Atlantic Free Trade
Agreement), we ought to enforce all of NAFTA."
The current approach to Mexican trucks was adopted in the early
1990s in response to safety concerns about their free travel
throughout the U.S. It generally disallows movements beyond a zone
20 miles from the U.S.-Mexico border. Federal checks have found a
higher percentage of the Mexico-based trucks have safety problems
than their U.S. counterparts, and have found some trucks traveling
throughout the United States in violation of the 20-mile limit.
Bush has set a goal of January 1 to allow Mexican trucks to
drive throughout the U.S. He and GOP allies in the Senate say the
pending Senate bill, as currently written, will keep that deadline
from being met and violate NAFTA. Supporters of tighter safety
standards say the measure would pass muster under the trade pact.
The Senate-passed appropriations bill calls for inspections of
Mexican trucks and drivers, audits of Mexican trucking firms and
more staff and equipment at 27 U.S. border stations that check
incoming trucks' safety. Although an attempted filibuster by Sens.
John McCain (R-AZ) and Phil Gramm (R-TX) was defeated by the
Senate, the senators have indicated they may continue to pursue
the issue with other parliamentary maneuvering. That could include
an effort to block conferees to the House-Senate conference on the
$60 billion FY 2002 appropriations bill.
The House bill is more restrictive than the Senate version, in
that it retains the current 20-mile limit of Mexican truck
operations. Accounting Change to Impact Budget
The Bush Administration this
week announced an accounting change for Social Security revenues
that will free an additional $4.3 billion for federal spending
this year. But detractors have charged that the move violates the
President's pledge not to tap Social Security reserves for
government spending.
In the past, Social Security and Medicare reserves were
routinely used to balance the federal budget. But in the more
recent years of federal surpluses, both parties have pledged to
use such money only to pay off the federal debt or to pay
benefits. This year the Social Security surplus is expected to be
about $156 billion. The New York Times reports that the total
budget surplus, including Social Security, may fall to $160
billion as a result of the sagging economy and the impact of the
tax cut.
In announcing the accounting change, Administration officials
maintained that it more correctly identifies revenue from payroll
taxes, Social Security and Medicare taxes. But Democrats took the
opportunity to blast the impact of the Administration's tax cut,
saying "Just over six months into your term in office, nearly two
thirds of the non-Social Security, non- Medicare surplus projected
for the next 10 years has been wiped out - and that has happened
before a single one of next year's appropriations bills has been
signed into law. . . This fundamental change in our fiscal
situation is as dramatic as it is
disturbing." Accounting Change to Impact Budget
The Bush Administration this
week announced an accounting change for Social Security revenues
that will free an additional $4.3 billion for federal spending
this year. But detractors have charged that the move violates the
President's pledge not to tap Social Security reserves for
government spending.
In the past, Social Security and Medicare reserves were
routinely used to balance the federal budget. But in the more
recent years of federal surpluses, both parties have pledged to
use such money only to pay off the federal debt or to pay
benefits. This year the Social Security surplus is expected to be
about $156 billion. The New York Times reports that the total
budget surplus, including Social Security, may fall to $160
billion as a result of the sagging economy and the impact of the
tax cut.
In announcing the accounting change, Administration officials
maintained that it more correctly identifies revenue from payroll
taxes, Social Security and Medicare taxes. But Democrats took the
opportunity to blast the impact of the Administration's tax cut,
saying "Just over six months into your term in office, nearly two
thirds of the non-Social Security, non- Medicare surplus projected
for the next 10 years has been wiped out - and that has happened
before a single one of next year's appropriations bills has been
signed into law. . . This fundamental change in our fiscal
situation is as dramatic as it is
disturbing." Repeal of Harbor Maintenance Tax Proposed
Rep. Robert Borski (D-PA)
has introduced a bill that would repeal the harbor maintenance tax
and use general fund money to pay for activities that were
previously funded through revenues generated from the tax.
Borski's bill (H.R. 2737), titled the Support for Harbor
Investment Program Act, mirrors legislation he introduced in the
106th Congress. Revenues from the harbor maintenance excise tax
have been used to fund dredging costs at the nation's navigation
channels. The export provision of the tax was deemed
unconstitutional by the Supreme Court in 1998.
The bill repeals a portion of the Internal Revenue Code of 1986
that houses the harbor maintenance tax, and directs that in the
years following the repeal an amount equal to the revenue
previously collected from the tax be available from the general
fund for operations and maintenance costs.
"Ports, shippers, shipbuilders, and other maritime interests
all agree that the existing Harbor Maintenance Tax puts our
maritime industry at a competitive disadvantage," Borski said in a
statement. "This tax increases the price of U.S. exports and
diverts cargo to Canada, which does not have a similar tax."
The bill has been referred to the House Ways and Means
Committee and the Transportation and Infrastructure Committee. It
has 25 co-sponsors. FHWA Readies FY 2002 Apportionments
The Federal Highway
Administration is gearing up to apportion $30 billion in federal
highway funding to the states on October 1, 2001, the beginning of
the 2002 federal fiscal year.
The FHWA issued a notice to its Division Administrators on June
29 outlining the anticipated funding levels each state will
receive in FY 2002, according to program. Included with the notice
were a series of seven tables providing the state-by-state impacts
from the minimum guarantee calculations, the addition of $4.5
billion in revenue aligned budget authority, and take downs in
funding for states that were subject to penalties for not
complying with various safety provisions. In all, some $30.3
billion will be apportioned to the states.
The tables are based on the funding distribution provisions of
TEA-21, and do not account for changes that will likely be made by
Congress in the appropriations process. For example, the Senate
version of the FY 2002 transportation spending bill (H.R. 2299)
strays from the TEA-21 provisions governing the distribution of
RABA by selecting only a handful of the over 40 allocated programs
and special programs that would normally receive a share of RABA
funding. The remaining RABA funding is distributed directly to the
states under the Senate bill.
A copy of the notice to Division Administrators can be found on
the FHWA web site at www.fhwa.dot.gov/legsregs/directives/notices/n4510450.htm.
The FHWA also sent a notice on July 13 to Division
Administrators regarding the August redistribution of unused FY
2001 obligation authority, which is available on the FHWA web site
under "What's New." Ruling Weakens President's Ban on Project Labor Agreements
A U.S. District Court Judge
has placed an injunction on President George W. Bush's ban earlier
in the year on "project labor agreements" with regard to the
Woodrow Wilson Bridge project near Washington, D.C. - spurring
uncertainty on pending projects nationwide.
Within a month after taking office, Bush had called for a ban
on the pacts, which require all contractors on a participating
project to provide union-level wages and working conditions
regardless of the workers' union membership status - in exchange
for a promise of no job actions during the project.
The ruling came from U.S. District Court Judge Emmet G.
Sullivan in a suit by the Building and Construction Trades
Department, AFL-CIO, challenging the executive order. The ruling
granted the AFL-CIO unit a preliminary injunction against
enforcement of the Bush order on the Wilson Bridge project.
Sullivan found the order in conflict with the National Labor
Relations Act, and said the AFL had offered evidence likely to
make it successful at a trial now slated for Sept. 13.
Though the ruling is limited to the Wilson Bridge project, the
findings may have the potential to extend its reach to other
projects following further petitioning by affected parties.
Reconstruction of the Potomac River bridge is a joint project
involving both Maryland and Virginia.
"We couldn't be more pleased with this decision. This executive
order was a direct attack on all building trades members," said
AFL-CIO BCTD President Edward C. Sullivan.
The effect of the ruling on the Wilson Bridge project at this
point may be ironic, in that Bush's ruling initially cast doubt on
the timely progress of it, but undoing it may have the same
effect. Maryland, which backs such agreements and had planned to
use one in construction of the bridge, had only recently reached a
meeting of the minds with Virginia, where the governor is strongly
right-to-work, to make sure work proceeded timely. The Washington
Post reported that the new development may again "disrupt the
fragile coalition among Maryland, Virginia and the federal
government" in that it may "force both states to again confront
their differences over the project," estimated to cost between
$2.2 billion and $2.5 billion. U S Airways Execs Outline Plan to
Increase Profitability
U S Airways, recently
clouded by federal rejection of its merger bid with United
Airlines, unveiled a new long-range plan on Wednesday aimed at
restoring profitability to the sixth-largest carrier in the
nation, the Associated Press reported.
Rakesh Gangwal, U S Airways President and Chief Executive
Officer, said the airline will shift within a year to smaller
regional jets for its main routes, which include flights into and
out of Boston, New York and Washington, D.C. The company also will
close a San Diego reservations center and an overnight maintenance
unit in Albany, New York, but move employees working at both sites
to new jobs elsewhere in the company.
"What we're doing is hauling a lot of empty seats," Gangwal
told financial analysts. "With no way to show any revenue for it,
we've got to fix that problem." He estimated that shift would add
$132 million a year to the airline's bottom line. The regional
jets also would be used to replace many of U S Airways' turboprop;
Gangwal said customers prefer jets.
Other steps being considered include gradually increasing the
number of regional jets flown - a step that would require the
assent of U S Airways' pilots; joining a global alliance to
increase international flights; adding new service to Western
cities including Austin, Texas, Portland, Oregon and San Antonio,
Texas; and cutting labor and operations costs, particularly at U S
Airways' low-cost subsidiary, MetroJet. Gangwal said folding
MetroJet entirely is also being considered. The package of steps
could add another $209 million to U S Airways' profits, he
said. California Suing EPA over Ethanol Use Requirement
California officials filed
suit August 10 in the 9th U.S. Circuit Court of Appeals in San
Francisco, in an attempt to force the U.S. Environmental
Protection Agency to waive rules that require ethanol to be added
to most of the gasoline in the state as an anti-pollution measure,
the Associated Press reported.
Although ethanol adds oxygen to gasoline, making it burn
cleaner, state officials contend that non-oxygenated, reformulated
gasoline can be offered that will achieve federal air-quality
goals without the potential to drive up gasoline prices, officials
fear from the ethanol gasoline. Part of the problem is the fact
California only produces 5 million to 7 million gallons of ethanol
a year now, with up to 900 million gallons needed to oxygenate all
the gasoline used in the state.
California previously relied on another oxygenation agent,
MTBE, to meet federal air- quality goals, but that chemical has
been found to pollute underground water supplies. As a result,
Gov. Gray Davis has ordered MTBE phased out in California by 2003.
EPA officials did not comment on the Associated Press story,
but earlier contended that the federal Clean Air Act does not
grant EPA the authority to waive oxygenation requirements for
California. Federal officials have said the state has not proven
that complying with the oxygenation requirement would increase air
pollution.
Some studies have shown that ethanol blends increase nitrogen
oxide levels in the air even though they decrease carbon monoxide,
AP reported. Representatives of the Natural Resources Defense
Council and the Clean Air Trust joined the California officials in
expressing concern about the ultimate results of requiring ethanol
use in California gasoline.
EPA's oxygenation requirement is "a straitjacket measure that
will drive up gas prices while increasing air pollution," Davis
said in a statement. "The potential for harm to California, both
economically and environmentally, leaves me no choice but to fight
back with guns blazing." Klika Exits as Indiana DOT Director; J.
Bryan Nicol Named to Post
Cristine Klika, Commissioner
of the Indiana Department of Transportation since June 1999,
announced this week her intention to step down from the post to be
a full-time mom for her daughter Piper, who joined the Klika
family less than a year ago. Indiana Governor Frank O'Bannon named
J. Bryan Nicol, his deputy chief of staff, to assume Klika's
duties at INDOT effective September 10.
"It has been extremely rewarding serving Governor O'Bannon, and
through his administration, the people of Indiana. The governor
has inspired me in many ways, and I appreciate the confidence he
placed in me," Klika said. "I am sad to leave the many friends and
colleagues I have come to know over the last 13 years at INDOT,
but this is the right choice now for me, my husband and daughter."
O'Bannon praised Klika's years of service to the department,
but said he is pleased to be bringing to her vacancy a
multi-talented staffer who has served since July as his Deputy
Chief of Staff and had two previous tours of duty at INDOT - from
1997 to 2001, and from 1989 to 1994. Nicol's duties there included
deputy commissioner for highway operations.
"Bryan's wealth of knowledge and abilities will mean he's ready
on day one for his work at INDOT," O'Bannon said.
Nicol also has served as a deputy attorney general and worked
for the Governor's Task Force to Reduce Drunk Driving and as a
governor's fellow. He holds a law degree from the Indiana
University School of Law at Indianapolis.
"I am pleased to serve the governor to provide continuity for
this important state agency," Nicol said. "I will continue the
good work we have done with the Crossroads 2000 investment for
highway projects in Indiana." Nicol said he is committed to
improving Indiana's transportation system, and to building on
INDOT's established record of service and
professionalism. Behrens to Head Texas DOT
The Texas Transportation
Commission on Wednesday named Michael Behrens executive director
of the Texas Department of Transportation. Behrens will step in
for Wes Heald after his September 1 retirement.
Behrens began his career with TxDOT in 1971 as an engineering
assistant, and has been the department's assistant executive
director for engineering operations since April 1998. As assistant
executive director, Behrens implemented and managed TxDOT's
engineering operations policies, federal and state programs and
operating strategies, and regulations and directives of the Texas
Transportation Commission.
Behrens earned a bachelor's degree in civil engineering from
Texas A&M University. Mallory, Pisarski Address AASHTO Public
Affairs Subcommittee
AASHTO Vice President Brad
Mallory, Secretary of the Pennsylvania Department of
Transportation and Chairman of AASHTO's TEA-21 Reauthorization
Subcommittee, and nationally known transportation analyst Alan
Pisarski gave state transportation department public affairs
officials from more than 30 states an outline of approaches to
reauthorization at the National Transportation Public Affairs
Workshop August 4-7 in Juneau, Alaska.
Mallory and Pisarski joined Henry Hungerbeeler, Secretary of
the Missouri Department of Transportation and chairman of AASHTO's
Administrative Subcommittee on Public Affairs; Sunny Mays Schust,
AASHTO Communications Director, and Bill Outlaw of The Road
Information Project (TRIP) in a general session on
reauthorization. Mallory asked the PIOs to prepare for a
significant role in reauthorization work alongside government
affairs and engineering professionals in all the states.
"We will be expected to make a detailed case to Congress if we
are to renew - or even expand - the generous commitments made
under the Transportation Equity Act for the 21st Century," Mallory
said. "As we make the argument for this funding, the information
we generate can be used to also restore a stronger sense of how
essential good transportation is to every single person in the
United States," he said.
There are also stories to be told about strong management,
Mallory said. "Many of the new tools, such as innovative
financing, that TEA-21 cleared a path for are being wielded by
some genuinely first-rate managers to get a whole lot of quality
work done with lightning speed," Mallory said. "But the soccer mom
briefly stuck in traffic is not going to know unless you let her
know - that work zone that's annoying her will be there half as
long as it would have been five years ago, and the work being done
there will be superior."
Mallory noted that many members of Congress are either new to
the body, or to pertinent committees, since the passage of TEA-21
in 1998. AASHTO's members will have some general backgrounding to
do, in addition to making the case for funds, to achieve success,
he said.
"AASHTO is going to be in the vanguard on reauthorization. Our
intention is to lead a unified group of players," he said.
Pisarski discussed a series of planned reports that will help
make the case for funding levels that can address transportation
needs nationwide. He also advised the PIOs about a series of
reports based on data gathered in conjunction with the year 2000
census, which will roll out over the next few months and may touch
on factors significant to transportation.
Other presentations at the conference included a session on
consensus-building to help clear a path for projects, by
consultant Hans Bleiker; a presentation by Company 39, which
creates computer "visualizations" of proposed projects which can
be used to build public support; and a session on "Classy
Kickoffs" to inaugurate state transportation projects. Breakout
sessions included an interactive session with the Transportation
Research Board and one on "Dealing with Voter-Initiated
Surprises." The 2002 NTPAW conference will be in Philadelphia,
Pennsylvania.
The Public Affairs Subcommittee gave 21 awards for outstanding
public relations work. Recipients of the Excel Award - the most
prestigious award in the annual series - were the Wisconsin
Department of Transportation for its safety promotion campaigns
including "Perform Death-Defying Acts" and "Give Death a Holiday";
the Virginia Department of Transportation's James River Bridge
construction-awareness campaign and the California Department of
Transportation's "Quality in Design"
campaign. AASHTO Launches "Faces of Transportation" Photography
Contest
State transportation
departments and their employees are invited to submit their most
lively and creative photography putting people in the picture of
our nation's transportation system for cash awards in a
competition sponsored by AASHTO, the "Faces of Transportation"
Photography Contest.
First prize is $1,000, second prize is $500 and two honorable
mentions will be awarded for prizes of $250 each. The deadline for
submissions is September 21, 2001.
Entries that are property of a state department of
transportation must be submitted with the explicit permission of
the agency director, commissioner or executive director. If such a
photograph is awarded a prize, the prize money will be awarded to
the transportation agency as a whole and distributed at the agency
director, commissioner or executive director's discretion.
Contestants will be responsible for obtaining legal permissions
for use or model releases, where pertinent, and all entries will
become the property of AASHTO. Winning entries will be displayed
at the AASHTO Annual Meeting.
To download an entry form, please visit the Photo
Contest page. Demonstration Project uses ITS to Prevent Collisions with
Large Animals
A Scottsdale, Arizona-based
firm has been awarded a contract with the Western Transportation
Institute at Montana State University to test a system of "roadway
animal sensors," which would turn ITS to the problem of vehicle
collisions with deer and other large animals on highways.
The system, devised by Sensor Technologies & Systems (STS)
Inc., aims to detect large animals as they enter a roadway,
provide a warning, and then turn off the warning after the animal
has had adequate time to leave the roadway. As currently designed,
the active warning could be either a variable-message sign
activated by the detection signal or a signal light, atop an
existing "animal crossing" warning sign, that would go on, or
flash, if an animal had triggered the alarm.
At least 130 fatalities were attributed to collisions with
deer, elk, and moose last year, and the accidents caused more than
$1.2 billion in property damage.
The project will analyze the number, and severity, of
incidents; reaction by drivers; and accuracy in detection provided
by the system. Funding for the demonstration project is being
provided by the Federal Highway Administration and by 12 state
transportation departments, including those of California,
Indiana, Iowa, Maryland, Montana, New Hampshire, New York, Nevada,
North Dakota, Oregon, Wisconsin and Wyoming. There will also be a
test on the Indiana East-West Toll Road.
For more information about the program, contact Steve Miller at
(480) 483-1997, or the STS web site at http://sensor-tech.com/. Safe Highways of the Future Summit
Planned in Cologne, Germany
A call for papers has been
issued for the second annual "Safe Highways of the Future Summit,"
slated to be held in March, 2002 in Cologne, Germany.
TrafficTechnology International, the magazine sponsoring
the event, has set a deadline of September 11for one-page paper
abstracts to be submitted. Delegates from more than 30 nations
attended the first summit, in Cannes, France last January.
Main topics slated for discussion at the upcoming conference,
to be held at the Cologne Conference and Exhibition Center
(KolnMesse) March 26-28 2002, include improving highway
engineering and infrastructure, using automation to enhance safety
through improved traffic management, intelligent barrier
systems/automatic incident detection/advanced illumination; driver
assistance systems/driver distraction/roadside-to-vehicle and
vehicle-to-vehicle communication; the role of vehicle design in
safe cars of the future; collision-avoidance systems; and
simulation and virtual modeling.
Other topics to be explored include: higher safety standards
for new roads; "the real costs of road accidents;" highway safety
in developing countries; cost burdens of implementing safer
highway procedures; financing and road safety; road safety in
rural areas; pedestrian safety; nighttime road use (less
congestion, fewer accidents); low-tech, low-cost safety solutions;
intelligent traffic signals; and driver education.
For more information, contact Ross Lipsett at +44 (0) 1306
743744 or access the web site www.ukintpress.com/safehighways. Work Finished on Indiana's I-65, State
Pays $1 Million Incentive
All lanes and ramps on the
five-mile stretch of Interstate 65 through Northwest Indianapolis
are open, ahead of schedule. The state of Indiana owes the
contractor another $1 million for the project's prompt completion
- a fee officials "don't mind paying."
By completing this $88 million project two months early, the
state will pay Walsh Construction Co. of Chicago a $1 million
incentive. "Believe it or not, you rack up some huge costs pretty
quickly. We now run these figures for every major interstate
project. It always comes out in favor of adding the incentives,"
said Indiana DOT Commissioner Cristine Klika, in the
Indianapolis Star. "This is a penalty we don't mind
paying."
The I-65 project was a design-build contract, where the company
hired does all the designing and building, rather than the
traditional method of designing first, then hiring the builder.
The project included repairs to 19 bridges and expanding the
interstate's lanes from four to six. DelDOT's Employee Rewards Program
Featured on AASHTO Web Site
This week's featured story on the AASHTO web site,
www.transportation.org, is about the Delaware Department of
Transportation's "Shared Savings Program" that rewards employees
who come up with ideas that save state funds.
The first-in-the-nation program splits the saved money 50-50
between DelDOT's permanent employees and the department's
Transportation Trust Fund. The full story is available here.
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