Period Ending Friday, July 25, 2008


Top News

  • House Passes $1 Billion Bridge Bill
  • Congressional Committee Holds Hearing on Medical Oversight of Commercial Drivers

  • EPA Proposes Rule on How to Dispose of Greenhouse Gases

Also in the News: Bush Administration Announces Nominee to be FHWA Administrator; House OKs Additional Highway Funding -- Bill Would Restore $8 Billion, Abate Trust Fund Shortfall; Senate Subcommittee Holds Hearings on Public-Private Partnerships; Oil Speculation Legislation Passes Senate Test Vote; Federal Government Gives $1 Million in Emergency Relief to Wisconsin; EPA to Award $3.4 Million in Diesel Technology Grants
 


BUSH LIFTS BAN ON OFFSHORE DRILLING
President Bush lifted the executive ban on offshore oil drilling July 14 and spurred Congress to lift its legislative ban.  ATA praised the Bush Administration and urged Congress to follow suit so that companies can drill for oil and natural gas on the Outer Continental Shelf, 100 miles off the U.S. coast.  The change is part of a long-term strategy to reduce U.S. dependence on foreign oil and curb skyrocketing fuel prices.

The Outer Continental Shelf contains at least 18 billion barrels of oil and 76 trillion cubic feet of natural gas that can be recovered using environmentally safe technology. Currently, wells in the Central and Western Gulf of Mexico supply 30 percent of the oil produced in the United States and about 20 percent of the natural gas.

Other resource rich areas, however, remain under moratoria, preventing exploration and production off most of the U.S. coastline, in the Arctic National Wildlife Refuge and in oil shale and tar sands in Western states. These restrictions deny American consumers access to vast domestic energy supplies. Expanding access to new areas would ensure adequate domestic energy supplies which are critical to sustaining U.S. economic growth.

The Consumer Energy Alliance (CEA) also applauded President Bush for his decision, saying access to offshore resources would boost domestic energy supplies and ease market tensions, helping alleviate record-high gasoline and diesel prices for Americans.

“CEA has long advocated increased access to domestic energy resources, and we believe environmentally-responsible development … an important step in the process toward developing a comprehensive energy policy for America,” said CEA President David Holt.

BUSH ADMINISTRATION ANNOUNCES NOMINEE TO BE FHWA ADMINISTRATOR
President Bush on July 15 announced that he plans to nominate Thomas J. Madison, of New York, to be Administrator of the Federal Highway Administration at the Department of Transportation. Madison currently serves as President of the Spectra Subsurface Imaging Group. Prior to this, he worked as Commissioner of the New York State Department of Transportation. Earlier in his career, he served as Deputy Secretary for Transportation to the Governor of New York.

 

 
 CONGRESS


HOUSE OKS ADDITIONAL HIGHWAY FUNDING – BILL WOULD RESTORE $8 BILLION, ABATE TRUST FUND SHORTFALL
A bill to help prevent a shortfall in transportation funding won overwhelming approval in the House of Representatives July 23.  The final vote total was 387-37.

The bill, H.R. 6532, restores $8 billion to the Highway Trust Fund to avert an expected revenue shortfall in the coming fiscal year.  Such a shortfall could be as high as $14 billion, more than one-third of the originally projected revenues, according to a press release issued by Rep. James Oberstar’s office.   

“Earlier this year, the President’s budget estimated a shortfall of $3.2 billion by the end of FY 2009.  Since then, gas prices have risen dramatically, and Americans are driving less.  In fact, Americans have driven 20 billion fewer miles overall this year.  As a result, gas tax revenues are down -- $2 billion less was collected during the first eight months of FY 2008 compared to the same period in FY 2007,” said Rep. James L. Oberstar (D-Minn.), Chairman of the House Committee on Transportation and Infrastructure.  “This unexpected and severe decline in revenues makes it even more critical that we take decisive action now to ensure the solvency of the Highway Trust Fund.”

“This is not the time to reduce our pathetic investment in infrastructure.  There are 150,000 structurally deficient and functionally obsolete bridges on our roads today, trucks are being rerouted because of weight restrictions, and people are wasting hours and high priced gas idling in traffic,” said Rep. Peter A. DeFazio (Ore), Chairman of the Subcommittee on Highways and Transit. “Without H.R.6532, Oregon was facing a loss of $139 million in funds for highway projects and nearly 5,000 living-wage jobs.  I am pleased the House has acted to restore these funds to the Highway Trust Fund.”

The bipartisan bill restores $8 billion in highway user-fee revenue that was taken from the trust fund in 1998.  It ensures that the trust fund remains solvent through the current authorization period, which ends on Sept. 30, 2008. The bill now goes to the Senate.

HOUSE PASSES $1 BILLION BRIDGE BILL
On July 24, the U.S. House of Representatives passed a bill which would add $1 billion to the federal-aid highway program.  “The National Highway Bridge Reconstruction and Inspection Act of 2008” (H.R. 3999) specifies that all proceeds are to be used for reconstruction of structurally deficient bridges on the National Highway System.  In addition, the bill requires annual inspection of structurally deficient bridges, establishes training and qualification standards for bridge inspectors, creates uniform bridge management and data systems, requires prioritization of bridge projects, and establishes performance-based bridge management systems.  The bill also places restrictions on states' ability to transfer federal bridge program money to other types of projects.  The bill prohibits earmarking of the new money by Congress for specific projects.  The legislation was introduced in response to the collapse of the I-35 bridge in Minneapolis.  The bill must now be approved by the Senate, where it is likely to face stiff opposition. 

SENATE SUBCOMMITTEE HOLDS HEARING ON PUBLIC-PRIVATE PARTNERSHIPS
The Senate Finance Committee's Subcommittee on Energy, Natural Resources and Infrastructure held a hearing July 24 to explore the role of public-private partnerships in financing highway projects.  The hearing focused specifically on the federal taxation aspects of PPPs.  Subcommittee Chairman Jeff Bingaman (D-NM) expressed strong concerns about the practice of governments leasing highways to the private sector.  He was particularly concerned that federal depreciation benefits in the U.S. tax code appear to be driving lessors to demand "exceedingly long lease lengths."  Bingaman stated, "I question how, with respect to a critical artery of interstate transportation, a state can possibly predict its future needs for a period that is twice that artery’s operating history. It is impossible to envision how transportation will change in the next hundred years."  He added, "...if depreciation rules lead to forms of investment that we judge to contravene public policy, then the Finance Committee should consider changing those rules..."  Bingaman also criticized the practice of including non-compete clauses in lease agreements which discourage government agencies from making improvements to transportation systems which could draw traffic away from the leased facility.  He also criticized the U.S. Department of Transportation's promotion of PPPs as an alternative to the current system, stating that for states with small populations and large land areas, this approach is not feasible. 

CONGRESSIONAL COMMITTEE HOLDS HEARING ON MEDICAL OVERSIGHT OF COMMERCIAL DRIVERS
On July 24, the House Transportation and Infrastructure Committee held a lengthy hearing focused on the Federal Motor Carrier Safety Administration’s (FMCSA) medical oversight program for commercial drivers.  Three government witnesses—one each from the Government Accountability Office (GAO), the National Transportation Safety Board (NTSB) and FMCSA—provided testimony and then responded to dozens of questions during a Q&A period, which was sometimes contentious.  The GAO witness testified on a recently released GAO study entitled, “Commercial Drivers – Certification Process for Drivers with Serious Medical Conditions,” in which the Agency highlighted 15 case studies where appropriate medical evaluations did not occur on commercial drivers who were receiving full disability benefits for serious medical conditions.  NTSB testified on previous crash investigations that led the Board to make eight specific medical oversight recommendations to FMCSA, some as long ago as 1999, which have not yet been acted upon to the satisfaction of NTSB. The FMCSA witness—the Agency’s Chief Safety Officer--communicated the status of the Agency’s regulatory efforts to: (1) link a driver’s medical certificate with his/her CDL record; (2) create a national registry of certified medical examiners; and, (3) to improve and update the medical standards that apply to drivers.  During the Q&A period, Committee Chairman James Oberstar was remarkably aggressive toward the FMCSA witness and directed the Agency to complete the medical oversight regulations in the very near future.  ATA expects FMCSA to issue a final rule before the end of 2008 requiring States to obtain and link each driver’s medical certification with their CDL record.

OIL SPECULATION LEGISLATION PASSES
SENATE TEST VOTE

Legislation meant to crack down on oil speculators passed a key test vote in the Senate 94-0 on July 22, CNN reported. 

Sen. Byron Dorgan of North Dakota, one of the Democrats sponsoring the bill, said the quickest way to lower prices at the pump is to stop speculators from driving up the price of a barrel of oil.

The bill reportedly would provide more resources and authority to the Commodities Futures Trading Commission to detect and punish speculation, stop speculators from using foreign markets to manipulate the price of oil in the U.S., require more transparency in oil markets and limit the trading of market players who do not intend to take delivery of the oil they purchase, CNN said.

Testifying on behalf of ATA before the House Committee on Agriculture, ATA Senior Vice President Tim Lynch asked the Federal government July 11 to implement a plan that ensures transparent petroleum markets free from excessive speculation and manipulation, cuts petroleum demand and expands the petroleum supply.

Lynch testified that the current price of petroleum is no longer driven purely by supply and demand and that excessive speculation may be contributing to the rapid increase in the price of oil. ATA believes that increasing the transparency of the petroleum market combined with reasonable position limits could help burst any speculative bubble that has formed. ATA asked Congress to consider the merits of expanding government oversight of electronic petroleum exchanges and requiring the CFTC to establish position limits that ensure adequate liquidity while reining in excessive speculation.

 

 REGULATORY AGENCIESS


fhwa/EPA

FEDERAL GOVERNMENT GIVES $1 MILLION IN EMERGENCY RELIEF TO WISCONSIN
The federal government is making $1 million available immediately in emergency relief funds for Wisconsin to help pay for urgent repairs to roads and bridges damaged by floods, U.S. Transportation Secretary Mary E. Peters said July 11.

“We’re making this down payment to help restore essential traffic routes so people can get back to their lives and businesses can begin to recover,” Secretary Peters said.

Secretary Peters said the $1 million quick release was intended to help Wisconsin begin restoring roads that were washed out from the floods, including County Trunk Highway, which provides access to Sauk County’s Lake Delton, an important tourist destination and revenue generator for the region.

The Secretary added that the Department would continue to work with officials from Wisconsin and other Midwestern states as they assess the extent of road damage caused by the floods. She said more resources will likely be made available based on those evaluations.

The Federal Highway Administration’s emergency relief program provides funds to states for the repair or reconstruction of federal-aid highways damaged by natural disasters or catastrophic events. The program typically works on a reimbursable basis. In June, the Department provided a $1 million quick release to Iowa as well to repair damage from the Midwest floods.

“We’re committed to bringing back essential transportation links after a natural disaster strikes,” FHWA Acting Administrator Jim Ray said.

EPA PROPOSES RULE ON HOW TO DISPOSE OF GREENHOUSE GASES
The Environmental Protection Agency proposed a regulation July 15 that would govern the underground injection of carbon dioxide (CO2) greenhouse gases as a proper disposal measure. If adopted, this rule will help resolve one of the major hurdles preventing passage of federal cap-and-trade legislation.

The proposed amendment to the Safe Drinking Water Act would create a new category of injection well under the agency’s existing Underground Injection Control Program and establish new permitting requirements for injection and storage of carbon dioxide below the ground in deep subsurface rock formations. The requirements address well location, construction, testing, monitoring and closure. The goal of the rule is to prevent carbon dioxide from migrating into underground water supplies. If injected gases infiltrate drinking water, it could push other substances that occur underground into existing drinking water sources.

House Energy and Commerce Chairman John Dingell (D-Mich.) announced a July 24 hearing to discuss the proposal and the environmental effects of carbon sequestration. EPA will accept comments on the proposal for 120 days and plans to issue a final rule by late 2010 or early 2011.

EPA TO AWARD $3.4 MILLION IN DIESEL TECHNOLOGY GRANTS
The Environmental Protection Agency said July 21 it will award $3.4 million in grants to establish projects using emerging technologies to reduce emissions from the diesel engine fleets. EPA’s Clean Diesel Campaign will administer the grants, which target buses, medium and heavy-duty trucks, marine engines, locomotives and non-road engines.

State, local, regional and tribal governments may apply for the grants, as well as non-profits and institutions with transportation, educational service, and air quality responsibilities. Grant proposals must be submitted by Sept. 21, and awards will be announced in December.
 

 

LOOKING AHEAD


The Clean Air and Nuclear Safety Subcommittee (Chairman Carper; D-Del.) of the Senate Environment and Public Works Committee will hold a hearing on the “EPA’s Clean Air Interstate Rule: Recent Court Decision and its Implications” on July 29 at 10 a.m.

The Horticulture and Organic Agriculture Subcommittee (Chairman Cardoza, D-Calif.) of the House Agriculture Committee will hold a hearing on the legal and technological capacity for full traceability of fresh produce on July 30 at 1 p.m.

 

 


 

 

 

 

 

 




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