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101 Number 42 |
October 19, 2001 |
Executive Digest
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AASHTO and APTA Release New TEA-21 Accomplishments Report
AASHTO and the American
Public Transportation Association (APTA) this week released a
joint report on the transportation advances achieved nationwide as
a result of the Transportation Equity Act for the 21st Century, or
TEA-21.
"In 'The Transportation Equity Act for the 21st Century in
Action - Money at Work,' we chronicle the coast-to-coast success
stories TEA-21 has made possible," said John Horsley, AASHTO's
Executive Director. "We are at the midpoint of the six-year bill
and it is clear that Congress has given us the tools to meet the
mobility challenges we face today, and to address those challenges
we will face in the future."
APTA President William W. Millar said "Public transportation
ridership is up 21 percent over the past five years - growth that
was made possible by TEA-21."
"TEA-21 not only increased federal highway and transit funding
by 40 percent, it also guaranteed that funding, ensuring that
transportation funds are fully used for transportation
improvements. State and local governments and transit agencies
have put those funds, and additional state and local funds, to
work," Horsley said.
"Together we have begun to reverse the deterioration of our
highways and bridges, to support a renaissance in public
transportation and to usher in a new era of interconnected
transportation services and facilities," he said. "We hope the
successes portrayed in the report will inspire renewed dedication
to keeping America's transportation system the finest, safest and
most secure in the world."
"Thanks to the commitment of Congress to fully fund TEA-21,"
Millar said, "we have been able to increase mobility choices to
provide a seamless intermodal system that benefits the entire
traveling public."
Documenting Achievements
Using research commissioned by the National Cooperative Highway
Research Program and the Transit Cooperative Research Program, the
report identifies how the funding provided through TEA-21 has been
"invested well" and are "making a difference" in the areas of:
- increased highway preservation and performance;
- record-level transit ridership;
- saving lives;
- improved access and environmental enhancement;
- greater equity; and
- commitment to taxpayers.
The report also cites some 38 projects in progress around
America that have resulted from increased federal spending and
innovative new policies, including Utah's I-15 renovation and the
Salt Lake City TRAX Light Rail that will serve visitors to the
2002 Winter Olympics. Other featured projects include the new
cable-stayed bridge now under construction over the Mississippi
River, the Whittier Dual-Use Auto and Train Tunnel in Alaska, and
a wide range of highway, transit, ITS and intermodal projects.
Copies of the report are available from AASHTO by calling (202)
624-5800. The report -- and additional information on other TEA-21
achievements -- may be obtained from the AASHTO web site, http://transportation.org/
or from the APTA web site, http://apta.com/. Economic Stimulus Gathers Steam
While the size, shape and
content still are in flux, members of Congress hope to see some
action in about two weeks on a package of tax breaks and new
spending to stimulate the economy, possibly including funding for
ready-to-go transportation projects.
There is already movement in the House, where the Ways and
Means Committee on October 12 approved a $99.5 billion package in
a party-line vote, with the GOP in the majority. Although the
package was slated for floor action on Thursday, the vote has been
postponed until next week because of the House decision to recess
through October 23.
Meanwhile, Democratic leaders are seeking support for an
alternative $50 billion spending package for roads, airports and
railroads, to stimulate the lagging economy and provide funding
for high-priority security measures. While discussions have been
under way for several weeks about using transportation investment
to boost employment nationwide, the latest proposal by House
Minority Leader Richard Gephardt (D-MO) would direct that priority
be given to projects aimed at protecting facilities from terrorist
attack.
According to reports, the Democratic bill would provide $5
billion each for highways and transit, $8.5 billion for water and
wastewater facilities; $3 billion for Amtrak, $2 billion for
grants to the Airport Improvement Program; and $8 billion for
other projects. Another $20 billion is proposed for loan
guarantees and bonding authority for freight and high-speed rail
projects.
The Democratic alternative would also include about $35 billion
in tax cuts, including a one-year increase in the amount of
purchases businesses could write off, and a provision to allow a
company to use losses this year to reduce tax liability from prior
years. Democrats also would to see between $30 billion and $35
billion for increased unemployment benefits, including health
insurance for displaced workers.
In the Senate
Senate Majority Leader Tom Daschle (D-SD) has asked Senate
Appropriations Committee Chairman Robert Byrd to assemble three or
four options for an economic-stimulus package that would include
an assortment of short-term spending options which may provide as
much as $35 billion in discretionary spending and $20 billion in
mandatory spending. Priority may be given to projects that not
only have a stimulus effect on the economy, but also increase
domestic security. Spending options could include, among others,
the $15.4 billion in transportation projects proposed by Senator
Harry Reid (D-NV). Tax provisions would come under the
jurisdiction of the Budget Committee, chaired by Senator Kent
Conrad (D-ND). Indications are that the Budget Committee would
like to have its recommendations ready within two weeks.
The Bush Administration has urged the Congress to consider an
economic stimulus package of about $75 billion, based on tax cuts.
But Federal Reserve Chairman Alan Greenspan told the Joint
Economic Committee this week that neither increased public-project
spending or another tax rebate or capital-gains-tax cut would
jump-start the economy.
A survey being conducted by AASHTO indicates that with 47
states responding, over 2,200 projects worth over $14 billion
could be obligated for construction within 90 days should federal
funding become available through a stimulus
package. Amtrak Security Bill Clears Senate Committee, Awaits Floor
Action
Legislation that would
provide Amtrak $1.77 billion for security-related infrastructure
improvements and personnel was passed by a Senate committee this
week. Amendments expanding the scope and scale of the bill will be
introduced when it is taken up on the Senate floor, perhaps as
early as next week.
The Senate Commerce Committee on Wednesday cleared a
scaled-down bill (S. 1550) intended to provide Amtrak funding to
make improvements to key infrastructure, including tunnels,
bridges and stations. The bill, titled the "Rail Security Act of
2001," includes $515 million for system-wide security upgrades.
These include hiring and training additional police; canine units
and security equipment; $998 million to upgrade tunnels in New
York, Baltimore and Washington, D.C.; and $254 million for Penn
Station in New York to facilitate emergency response, along with
renovations to two bridges in Connecticut.
At the request of senators representing Western states, a
provision was added that mandates that no more than 50 percent of
the $515 million available for system-wide security upgrades be
spent inside the Northeast Corridor. Provisions were added to give
the Department of Transportation an oversight role ensuring funds
are spent for security enhancement.
The bill passed by the Commerce Committee was scaled down
considerably from other proposals to assist Amtrak. Committee
Chairman Ernest Hollings (D-SC) had readied legislation (S. 1530)
that would have provided $3.2 billion for Amtrak, along with $35
billion in direct loans and loan guarantees for freight rail,
passenger rail and rail security projects. That bill, backed by
Sen. Joseph Biden (D-DE), also would have eliminated the
congressional mandate for the company to become self-sufficient in
2003. Ranking Member John McCain (R-AZ) objected to the scope of
the bill, and the two negotiated to move a more targeted measure.
Hollings hinted that he may hold a hearing on S. 1530 soon.
Committee members had readied 19 amendments to S. 1550, but
those were withheld until it is considered on the Senate floor.
According to the CQ Daily Monitor, amendments that may be
offered include one by Sen. Kay Bailey Hutchison (R-TX) to provide
funding for engines and equipment outside the Northeast Corridor,
and one by Sen. Trent Lott (R-MS) to provide grants for relocation
of local rail lines. Sen. John Breaux (D-LA) may introduce an
amendment to provide grants for short-line rail improvements,
while Sen. John Kerry and others may seek to remove Amtrak's
self-sufficiency mandate.
As prospective amendments piled up, Sen. Breaux said "It could
be a long day on the railroad when we get to the floor."
Port Security May Be Addressed
Among amendments that may be tacked onto the Amtrak bill is
legislation to shore up security at the nation's ports. Introduced
by Sen. Hollings, the "Port and Maritime Security Act of 2001" (S.
1214) directs the Secretary of Transportation to establish a Port
Security Task Force to help coordinate security and safety in
ports. The Coast Guard would also be required to develop standards
and procedures for conducting seaport vulnerability assessments.
The bill also requires each port authority and marine terminal
authority with an established security vulnerability assessment to
establish a maritime security program, and directs the Coast Guard
and Maritime Administration to initiate a rulemaking including
regulations to prevent acts of terrorism at ports.
It would also include loan guarantees and grants for security
infrastructure improvements.
Young Skeptical
While momentum for an Amtrak funding package is growing in the
Senate, House Transportation and Infrastructure Committee Chairman
Don Young (R-AK) gave the proposal a chilly reception, according
to the Monitor. Saying that Amtrak will never experience
self-sufficiency, he said that providing funding to the company
"is not a priority for me right now."
There is a possibility that rail funding will be included in
economic-stimulus legislation (see related
article). Young Introduces Aviation Security Bill
House Transportation and
Infrastructure Committee Chairman Don Young (R-AK) this week
introduced a bill giving the administration authority to determine
federal involvement in security screening, which differs from the
full federalization of screeners included in the measure
unanimously approved by the Senate last week.
Young introduced his bill with Rep. John Mica (R-FL), who
chairs the Aviation Subcommittee, on Wednesday. The bill would
provide federal oversight of the nation's airline security
screening programs, law enforcement personnel at every airport
screening location, and additional federal marshals on commercial
airlines.
The federal role in airport screening operations continues to
be the major sticking point in moving legislation to revamp
aircraft and airport security. Chairman Young's allows the
administration to determine the extent of federal personnel that
are used at airports, and allows the use of contracts with private
screening companies. Stricter standards for screeners are
required, as is federal supervision of the screening process,
background checks, testing and oversight.
The bill differs substantially from S. 1447, which was
unanimously passed by the Senate last week. That bill calls for
full federalization of airport security screening personnel and
operations, which has the support of House Transportation and
Infrastructure Ranking Member James Oberstar (D-MN).
The bill includes a fee to be charged on each one-way trip to
help pay for the screening activities. The fee would be capped at
$2.50 per trip.
In a statement Rep. Young said, "Let me make this clear -- this
is not about federal versus non-federal employees. It's about the
best possible security for the traveling public."
Young's bill also provides the following:
- Establishes a new Transportation Security Administration
within the U.S. DOT which is responsible for all modes of
transportation;
- Requires federal or state law enforcement personnel at each
screening location, not only at each airport;
- Requires the deployment of additional federal air marshals,
and reinforced cockpit doors; and
- Authorizes additional funding and provides flexibility in
the use of Airport Improvement Program (AIP) and Passenger
Facility Charges (PFC) funds for increased security, and to
assist general aviation airports affected by the recent
restrictions in Visual Flight Rule (VFR) flights in Class B
airspace.
Third Continuing Resolution Passed
While two spending bills
have been cleared by the House and Senate, slow work on the
remaining spending and economic stimulus proposals has forced
Congress to pass a third continuing resolution.
This week's early shutdown of the House of Representatives to
inspect offices for the possible presence of anthrax spores threw
the congressional schedule into further disarray. To date, of the
13 FY 2002 spending bills, only the Department of the Interior and
military construction measures have been cleared by both chambers
and await a signature by the president. A third continuing
resolution was passed on October 11 to keep government operations
going through October 31.
The remaining spending bills are currently pending in the
Senate. Senate Republicans have threatened to hold up
consideration of the remaining appropriations measures until
judicial nominations are brought to the floor for a vote.
At the same time, no progress has been made on the FY 2002
transportation appropriations bill, with restrictions on the
operation of Mexican-owned trucks remaining unresolved.
OMB Looking to FY 2003
Mitch Daniels of the Office of Management and Budget has been
hinting that the administration will seek to rein in spending in
FY 2003. In remarks to a Schwab Capital Markets symposium, Daniels
maintained that the September 11 terrorist attacks have created a
"springtime for spenders," and indicated that the administration
would seek to at least freeze spending for federal activities that
are not security-related in FY 2003.
In the days before the attack, OMB sent a memorandum to the
federal agency heads directing them to identify program and
operations reductions to achieve a 5 percent budget cut in FY
2003. Administration officials told the Washington Post
that the memorandum remains in effect. Garvey Addresses Airline Security
Federal Aviation
Administrator Jane Garvey told the National Press Club this week
that the agency is working to create a "seamless web of security"
to restore confidence in the safety of air travel.
Garvey told reporters that "It is a new world for this industry
and our nation . . . We cannot regain our innocence we lost on
September 11, but we will - we must regain confidence in the
safety of air travel. Aviation is too important to our nation, our
economy and our way of life."
Garvey outlined the multiple levels of response being pursued
by the FAA and the airline industry, including:
- Early identification and prevention of potential threats,
including shared information, background checks on employees,
and longer-term a database of information on passengers;
- Screening to prevent access to airplanes, including new
devices to detect weapons and explosives; and
- Prevention of unauthorized access to aircraft cockpits.
She noted that Secretary of Transportation Norman Mineta has
created a $20 million grant program to test new technology for
aircraft security. Applications from 13 airlines have already been
received. Also adding to security is the dramatic expansion of the
air marshal program, she said.
Garvey concluded "Americans have long known that 'eternal
vigilance is the price of liberty'. Now, we know, it is the price
of mobility." FHWA Releases Proposed Rule for Design-Build Contracting
The Federal Highway
Administration is proposing to implement regulations for
design-build contracting as mandated by section 1307(c) of the
Transportation Equity Act for the 21st Century (TEA-21). The
regulations list criteria and procedures to be used by FHWA in
approving design-build contracting by state transportation
departments.
Prior to TEA-21, the design-build contracting method did not
fully comply with existing statutes. FHWA allowed the states to
evaluate the design-build method on an experimental basis under
Special Experimental Projects Number 14 (SEP-14), Innovative
Contracting. Under SEP-14, 24 states and several local public
agencies evaluated the design-build contracting technique.
From 1998-2000, representatives of FHWA and AASHTO met with
other affected industries to discuss design-build issues. Many
comments coming out of those talks have been incorporated into
this document.
In a position paper, AASHTO expressed the need for a simple,
yet flexible, rule that would encourage development of a
design-build process in each state. AASHTO stated that the rule
should not impede project delivery, innovation, or cost savings.
AASHTO also encouraged FHWA to develop a rule that would let
design-build be mainstreamed into the transportation arena.
Finally, AASHTO asserted it would be impossible to create a rule
that would ensure complete fairness in the procurement process,
but noted that the state DOTs must make every reasonable effort to
provide an open, understandable process.
AASHTO's position paper, and those of the major industry
associations, are posted on FHWA's web site at: http://www.fhwa.dot.gov/infrastructure/progadmin/contracts/d_build.htm.
The proposed regulation would not require the use of
design-build contracting, but allows State DOTs to use it as an
optional technique in addition to traditional contracting methods.
AASHTO's newly created Joint Task Force on Design-Build will
develop a draft response to this request for comments. The draft
response will be submitted for adoption by the Standing Committee
on Highways and the Board of Directors at the AASHTO Annual
Meeting, Nov 30-Dec 4, 2001.
Individual states are also encouraged to submit comments. These
may be mailed to the U.S. Department of Transportation, Dockets
Management Facility, Room PL-401, 400 Seventh Street, SW.,
Washington, DC 20590-0001, or submitted electronically at http://dmses.dot.gov/submit.
All comments should include the docket number: FHWA-2000-7790.
For technical information regarding this proposed rule, please
contact Mr. Gerald Yakowenko, Office of Program Administration
(HIPA), (202) 366-1562. For legal information, contact Mr. Harold
Aikens, Office of the Chief Counsel (HCC-32), (202) 366-1373,
Federal Highway Administration, 400 Seventh Street, SW.,
Washington, D.C. 20590-0001.
Text or PDF files of the proposed rulemaking may be downloaded
from the Federal Register web site at http://www.access.gpo.gov/su_docs/fedreg/a011019c.html.
Comments may be submitted or retrieved online through the Document
Management System (DMS) at http://dmses.dot.gov/submit. National Summit on Transportation
Operations Explores Reauthorization
Over 200 state and local
transportation officials, consultants, and academics met on
October 16-18 in Columbia, Maryland to develop potential actions
and reauthorization suggestions to advance a focus on
transportation operations.
The attendees suggested a wide range of possible follow-up
actions including leadership training, development of national,
regional and local performance measures, holding a summit on
incident management, enhancing traveler information through all
media, and, developing the means to bring public safety and
transportation partners to the table.
The attendees suggested possible reauthorization proposals
including: rewriting of 23USC23 and 23USC49 to make operations
spending easier and to ensure flexibility in spending. They also
discussed creating a new funding program a homeland security
program; creating incentives or special funding for comprehensive
data collection and use of performance measures; requiring or
establishing incentives for the creation of transportation
operations plans in metropolitan areas; and creating a new formula
program system management infrastructure.
Federal Highway Administrator Mary Peters closed the conference
by emphasizing the challenge of providing the mobility services
the American people demand. She emphasized the need to reach out
to the public safety community to develop strong
incident-management programs. In terms of her priorities as
administrator, she noted safety and security, provision of
mobility, accountability and stewardship of the Federal-aid
program, and development of a reauthorization proposal that
provides broad flexibility and supports local
decision-making. Colorado DOT Faces Loss of $800 Million in Highway
Improvement Funds
Funds not restored during a
recent special session of the Colorado Legislature will spur a
loss of $800 million in highway improvement funds and the
scrubbing of 73 planned roadway projects in the state, the
Denver Post reported Thursday.
"This is the most severe budget crisis we've ever faced,"
Colorado Department of Transportation spokesman Dan Hopkins said,
noting the Colorado DOT is freezing employment and spending as a
result.
CDOT Finance Director Heather Dugan told the Colorado
Transportation Commission on Wednesday that the agency did not
receive $173 million in state transportation funding it was
expecting this year; further, another $225 million may be lost
next year if the legislature does not restore a key source of
funds for transportation projects.
The shortfalls also are likely to prevent the sale of another
$409 million in transportation bonds the agency had planned to
sell in the spring, Dugan said.
To meet existing debt payments, CDOT proposes an austerity
budget - providing for bridge repairs and snow and ice removal -
that would cancel $144 million in regional highway improvement
projects statewide and more than $6 million in maintenance funding
on existing roads.
Though the changes may delay by a decade or more planned
expansion of Interstate 25 between Denver and Fort Collins, the
shortfall should not slow down the $1.67 billion "T-REX" project,
which will rebuild Interstate 25 through the Denver metro area and
add more light rail in the corridor, Dugan said. But certain
enhancements to the basic T-REX plan sought by local governments
-- including several interchange improvements -- will not occur,
Hopkins said.
The financial curbs also will have fallout for transit in the
Denver metro area. The Regional Transportation District proposes a
$4.4 billion "FasTracks" plan to build new rail and express-bus
transit corridors throughout the region; voter approval is needed
for the sales tax increase that would be used to finance the work.
But some of the transit corridors RTD proposes would need
sizable highway improvements to accompany new rail lines, and CDOT
Director Tom Norton told RTD officials he cannot support the
transit buildout until he has a better estimate of CDOT's costs
for the highway improvements that would accompany the transit
lines. Travel Business Roundtable: Travelers Still Wary, May Opt for
Surface Modes
A survey of 800 business and
leisure travelers made the first week of October showed that
nearly one-fourth remain wary of travel following the Sept. 11
terrorist attacks on New York's World Trade Center and on the
Pentagon near Washington, D.C.
The survey - of a sample half comprised of business travelers
and half, of leisure travelers - was done by the Travel Business
Roundtable, a group affiliated with the travel and tourism
industries. Among other findings, it showed that 29 percent of
those surveyed who had been planning to travel by air over the
Thanksgiving holiday this year had opted instead to stay home or
use surface transportation.
Further, the survey found:
- That one out of five people surveyed said they would urge
close friends or relatives not to travel during the holidays;
- That 30 percent of those surveyed who said they had changed
their travel routines said it will take 6 months to a year for
them to resume the travel patterns they had before Sept. 11;
- That 25 percent said new security measures instituted since
the attacks are not sufficient to restore their confidence in
travel safety to the levels existing before Sept. 11;
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- That 79 percent of those surveyed said they believe another
terrorist attack in the United States is likely.
Jonathan Tisch, chairman of the survey-sponsoring group and
also the Chairman and Chief Executive Officer of Loews Hotels,
said the unease among travelers could prompt "billions of dollars
in lost revenues for the industry."
"Fewer people are traveling and they are spending less,
resulting in hundreds of thousands of direct job losses, tens of
millions of dollars in lost tax receipts for local and state
governments" and even larger losses for the travel-related
industries, he said.
ATSSA: Work Zone Deaths Set New Record
The year 2000 was the deadliest year on record in terms of work
zone fatalities, statistics recently released by the National
Highway Traffic Safety Administration show.
During the year, NHTSA's Fatality Analysis Reporting System
(FARS) reported there were 1,092 people killed in work zone
crashes - a 25 percent increase over the 872 fatal work zone
wrecks reported in 1999, which also was a record number.
"This data drives home the need for training, the presence of
law enforcement in work zones and better data collection," said
Executive Director Roger Wentz of the American Traffic Safety
Services Association (ATSSA), which with AASHTO and the Federal
Highway Administration cosponsors National Work Zone Awareness
Week, held yearly in April.
The Subcommittee on Highways and Transit of the House
Transportation and Infrastructure Committee held hearings on work
zone fatalities last summer, hearing testimony from AASHTO
President E. Dean Carlson and officials of several other
construction-related groups. Virginia DOT Secretary Ybarra Wins ARTBA
Entrepreneur Award
Shirley Ybarra, secretary of the Virginia Department of
Transportation, is the recipient of the American Road and
Transportation Builders Association's 2001 Public-Private Ventures
(PPV) Entrepreneur of the Year Award.
The award was presented during ARTBA's 13th Annual PPV in
Transportation Conference, held October 10-11 in Washington, D.C.
ARTBA's PPV in Transportation Division presents an annual award to
individuals from the public and private sectors who have made
outstanding contributions to the promotion of public-private
partnerships that advance transportation infrastructure
improvements.
Ybarra, the public sector recipient, was appointed Virginia DOT
secretary in 1998. She played a key role in winning legislative
support in the Virginia General Assembly for Governor Jim
Gilmore's Innovative Progress proposal, which provided for $3
billion for transportation infrastructure investment.
As deputy secretary of transportation, Ybarra worked to craft
and pass the landmark Public-Private Transportation Act of 1995, a
first-of-its kind law that brought innovative financing for
transportation infrastructure projects to Virginia, and became a
model for other states. ARTBA Conference to Focus on Clean Air
The American Road and
Transportation Builders Association will hold a conference to
discuss air quality-transportation development issues on November
2, 2001 at the Crowne Plaza Hotel in Washington, D.C.
The conference, co-sponsored by the Association of Metropolitan
Planning Organizations and the National Association of Regional
Councils, will provide public officials, transportation planners,
lawyers, and transportation construction industry executives with
information to move environmentally-sound transportation projects
forward.
Register online for "A National Dialogue on the Federal Clean
Air Act Implications for Transportation Planning and Development"
at the Meetings and Events section of http://artba.org/, or call Chris
Akins at (202) 289-4434. Mississippi DOT Plans Highway Safety
Summit
The Mississippi Department
of Transportation is planning the Mississippi Transportation 2001
Safety Summit on December 6, 2001 at the Clarion Hotel in Jackson,
Miss. The goal of the summit is to save hundreds of lives by
increasing highway safety in the state.
National, state, and local safety experts will discuss
Mississippi's past safety trends and current needs. Participants
will explore possible solutions for increasing safety across
Mississippi, and findings will be compiled and used to help make
decisions that benefit the state.
The registration deadline is October 31, and there is no
registration fee. For further information about the summit,
contact MDOT's Public Affairs Division at (601) 359-7017, or email
paffairs@mdot.state.ms.us.
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