Marine Transportation System

Functional (Not WTF) Government

In Federal Government, Leadership, Politics, Surface Transportation Policy on August 2, 2011 at 3:51 pm

~ Political Drama in Three Acts ~

Cast:  Persons who come to positions in government to make a point and others who come to govern.  Neither conservatives nor liberals alone are cast as good at governing.

Forward:  Some like wielding power but their interest wanes when it comes to the nuisance of making government function well. Governing can get in the way of principles, pledges and making points. For some, government isn’t complicated; it’s just in the way. It’s the root of all ailments. They reach for the lancet with no less confidence as to the result than did medical men whose all-purpose remedy was to bleed the patient. Governing is not always done well, which makes it easier for the talented among the electeds and civil servants to stand out. 

I.  The urge to rant about the needlessly protracted debt ceiling decision-making is resisted here.  Today Congress finally sent “the deal” to the White House.

There is little evidence of  the art of politics; instead we witness the game of brinkmanship. Think playing chicken on a narrow country road. In the the driver’s seat are persons with an unswerving belief in what government shouldn’t be and a disinterest in the map of governance.  (They also sign a pledge to drive the car without benefit of headlights.)  They would just as soon call people names than to the negotiation table.

Props to the White House writer who came up with this for President Obama: ”…for the first time ever, we could lose our country’s AAA credit rating…because we didn’t have a AAA political system to match…”  

That some people did come to town to be Governers may be what eventually pulls our national fanny out of the fire but one fears that the flames will burn hot for a good while longer.

Governers brought about the Simpson-Bowles fiscal reform commission, sweated over the details of its report, and were prepared to act on that report. Governers tried to make the “Biden negotiations” work…and didn’t walk out.  Governers make up the Senate’s bipartisan “Gang of Six.”  Whatever terms of agreement over fiscal policy to emerge from the fire over the next year will be founded in such efforts.

II.   The House panel that held longest to a bipartisan spirit in an era of increasing rancor is the Transportation and Infrastructure Committee.  Road projects know no party as the saying goes.

In July, Chairman John Mica (R-FL) released the highlights of his planned surface transportation bill.  It read much as he said it would.  Reforms, consolidations, and reined-in spending to match reduced Highway Trust Fund revenue. It is based on harsh reality and a tax-averse party caucus.

That interest groups responded with concerns about program eliminations and slashed funding was hardly surprising but the response from Mica’s Democratic counterpart was.  Nick Rahall’s (D-WV) sharp words may not sound unusual in today’s Washington but observers noted the change for a committee where the chair and ranking member stand together on most things and respectfully disagree on the rest.

In the last scene is the Federal Aviation Administration bill.  Mr. Mica takes on both House Democrats and Senate counterparts of both parties over disputed issues in the long unresolved bill that authorizes funding for aviation programs. He put a provocative provision in the House-passed extension and dared the Senate to not approve it. It didn’t. As Congress beats it out of town for the August recess this other Capitol stand-off leaves USDOT holding the bag with 4,000 non-critical FAA staff forced to stay home and contractors around the country ordered to stop work on airport projects.

III.   Not without reason many States are concerned, even alarmed, at the damage that can be done by non-indigenous invasive species.  Great Lakes States have a long history of struggling with what can arrive in vessel ballast water.  But what concerns certain regions of the country also concerns the United States and other nations.

Solutions to an international problem carried in the tanks of global shipping rightly belong to Washington and the International Maritime Organization.  A patchwork of regulation at the State level is opposed by the maritime community that values uniform rules from port to port.

When New York State’s Department of Environmental Conservation (DEC) issued its regulation the response from the industry was predictable and especially vigorous. Why? Besides being imposed at the State level it set an un-enforceable, technologically unachievable standard that initially is 100-times more restrictive and, later, 1000-times tougher than the IMO standard, which the US Coast Guard also is expected to require initially. (A committee background memo provides a summary on the issue.)

Governor Andrew Cuomo and his environmental commissioner inherited the DEC requirement that the agency regulators have insisted on despite all reasoned arguments and documented findings to the contrary.  Those regulators made individual vessel operators–a thousand?–apply for an extension of the implementation date so they would not have to meet the un-meetable standard.  They were held in suspense until February 2011, beyond the implementation date, when DEC finally sent out letters of extension. Most recently, Steve LaTourette (R-OH) decided that New York was not taking the concerns of others seriously. So he did something to get Albany’s attention.

Perhaps reason will prevail.  Industry and other States from whose waters shipping would be effectively barred if the regulation is enforced in New York waters await a decision by the new administration.  It’s called governing.   Pbea

Make Time for Maritime Policy

In Federal Government, Marine Highway, MTS Policy on July 2, 2011 at 11:37 pm

The piece below appears in the June 2011 edition of the Eno Transportation Foundation newsletter, EnoBrief.  I appreciated the invitation to pen something on a maritime theme and decided to continue on the topic of American maritime policy, which is in need of attention.  Comments are welcome.  Pbea

“Now, what about our national maritime policy?” posed Norman Mineta in 2007, no longer Transportation Secretary, before answering himself. “Frankly, it is comparatively meager and unfocused.”

In his remarks to an industry finance audience he drew comparisons to the other modes that are more completely housed at USDOT, underpinned by substantial programs and funding, and enjoy large, strong and active stakeholder bases.

The former cabinet officer and present day Eno Board member’s prescriptions to address the sector’s ailments included things that might explain his waiting to address this “comparatively meager” sector only after he was out of office.

He said his recommendations can be accomplished “by overcoming the inevitable opposition – not only from without but from within.” He continued, “Within the maritime industry there are many agreements of mutual mediocrity.  People…will not want to see it changed.  The ground is shifting under their feet and they imperil needed financial investment and the innovation and the efficiencies it brings.”

He also mentioned some difficult issues that “need to be addressed within the industry” but “they are not reasons to oppose raising the importance of maritime issues on the national agenda.”

Secretary Mineta thought there was reason to issue an urgent call.  “Compared to the resources and focus that we have devoted to surface transportation and aviation, I believe we must quickly and dramatically increase our attention, our funding, and our national purpose with respect to maritime issues.  To fail is to become a second rate economic power with a decrease in our quality of life here at home and a reduced ability to effect change in international affairs.

“Simply put:  the United States must develop a comprehensive maritime policy and implement it through a thoroughly reorganized federal structure.” He said the public sector “must work with industry stakeholders to educate American citizens and their decision makers regarding U.S. reliance on a strong national maritime system.”

Four years later his concerns about maritime policy still deserve consideration.  And while Secretary Mineta’s remarks did not dwell on the issue of “ships and crews” the vessel aspect of present policy also warrants attention, especially if marine transportation is to play a role in addressing some of our nation’s transportation challenges.

The declining American flag presence in foreign commerce is being examined by the House Transportation & Infrastructure Committee, which prompted USDOT to commence a study, soon to be completed, to quantify the competitive disadvantage of American shipping.  Facing a competitor that flies flags of convenience, builds ships in China and Korea, and hires low wage crews the American operators will always find it tough to capture market share.

So let’s drill down to examine the protected American market. Not surprisingly, much of the Jones Act trade is carried in dry and liquid bulk vessels that lend themselves to commodities like grain and petroleum.  As for container shipping, the Jones Act fleet has only 26 vessels in service with a total carrying capacity of 56,631 TEU.  Most of those are in the Alaska, Hawaii and Puerto Rico trades. Sixty-eight percent of American container vessels (including barges) are at least 26 years old with 41 percent exceeding 30 years. (One can’t resist noting that a major program at the Maritime Administration is managing the disposal of U.S.-flag vessels.)

Meanwhile the capacity of U.S. commercial shipyards to build container and roll-on/roll-off ships is rapidly diminishing.  The Aker Philadelphia Shipyard is surviving for the moment on an emergency injection of State funds to build to ships on spec.  Aker, General Dynamics’s NASSCO Shipyard (CA) and Bay Shipbuilding (WI) announced layoffs last year. All 5,000 jobs at Northrup Grumman’s Avondale facility (LA)—a defense shipyard that could convert to commercial construction—are slated to end in 2011.

Why talk about U.S. container and ro/ro ship capacity?  Secretary Mineta, his successors at USDOT, and others have suggested that marine highway development is not only needed but inevitable for goods movement here.  The reasons include the mode’s inherent efficiency, its intermodal capabilities, public benefits to be derived from shifting part of the growing freight burden from land routes, and the extensive use of short sea and waterway service in other developed nations. Congress acknowledged as much by enacting the “short sea transportation” provisions of the Energy Independence and Security Act of 2007.

But to realize any of the above benefits—not to mention the renewal of a shrinking industry—these are needed: 1) a modern Jones Act fleet capable of meeting tough emissions standards effective in 2012, 2) cost-competitive commercial shipyard capacity to build the fleet, 3) vessel financing, 4) sufficient trained seamen and officers, and, let’s add, 5) a clear signal that Washington does not want America to lose its capacity to move goods on the water.

This telling is absent a call for or against Jones Act strictures. There are arguments for the status quo and for alteration.  But, as Secretary Mineta might say, the existence of the Jones Act in a world where cabotage requirements are commonplace is not reason “to oppose raising the importance of maritime issues on the national agenda” and reversing a decline in the American maritime sector.

“Now, what about our national maritime policy?”  

If you only have hot dog money in your pocket maybe you just buy a hot dog…but which hot dog?

In Efficiency, Infrastructure, Surface Transportation Policy on June 2, 2011 at 9:36 am

My previous post about the surface transportation reauthorization bill—TEA for short—ended with a bit of wait-and-see optimism.  That was then.  Here is a bit of face-facts pessimism to balance it out.  It’s the kind of yin yang see-sawing that this town sets the mind to doing.  Spend more than a few minutes thinking that things will turn out fine and then…

It would be so much easier if the main actors in the TEA deliberations agreed to settle for current revenue projections.

There is real money and then there is wish money.  Real money is in the bank, or will be. Wish money is what we want Congress to produce though new transportation revenue measures.  And what is the chance of that happening when?

We can speculate, as many do, that after the 2012 election office holders will muster what it takes to vote for new revenue. But after watching these first months of the New Washington—where donkeys and elephants can’t even agree which of them has the trunk—the best we may have reason to expect of the House, Senate and White House is that they will come to some basic agreement on the overall Federal budget.  Set your sights low.  A big transportation bill won’t figure into that deal.  And a more conservative Senate after the elections may cause our sights to be five clicks lower.  Meanwhile the TEA can gets kicked farther down the road.

Barring the use of creative accounting—the sort that will not serve us well as the government feels its way to solid fiscal footing—the options for a 6-year TEA bill could be limited to $556 billion (Obama), $339 billion (Boxer) and, maybe, $230 billion (Mica). The last of those assumes only projected Highway Trust Fund receipts. Those are the choices. In which case…

Let’s here assume Congress, at best, will extend the soon to expire excise taxes to avoid a total collapse of current programs.  The choice then that policy makers have is between A) extending current law authorization i.e., SAFETEA-LU and sit tight, and B) approving a new TEA bill that fits the revenue stream.

While hardly our preferred road to travel, the “B” route may not be a bad option.  Yes,  it would shrink transportation funding on which States and locals—already strapped for cash—now rely for road maintenance, transit projects, bike paths, and other uses enabled by over one hundred programs.  But—here’s the yang part–it also could have its benefits along with the pain.

  • Get past SAFETEA-LU by enacting reform policies e.g., performance metrics, that have emerged from the various advisory panels.
  • Give States maximum flexibility to put available Federal funds to their best use.
  • Focus Federal policy on what is in the national interest (building stage coach museums vs. easing interstate chokepoints).
  • Provide added impetus to enact creative leveraging of other sources of infrastructure funding e.g., expansion of TIFIA, new infrastructure bank.
  • Force government at all levels to adjust how investment decisions are made—where the priorities are and whether projects can be delivered more efficiently. (Recent testimony from the Congressional Budget Office—“The Highway Trust Fund and Paying for Highways”—provides a helpful review of options and makes the point that “selecting projects carefully can increase the highway system’s contribution to the performance of the economy.”)
  • Cause States to re-examine their own transportation funding mechanisms and, in States like New Jersey, face up to the under capitalization of transportation trust funds.
  • Give the nation the taste of intentional under-investing in America and the significant economic consequences of that.

Chairman John Mica (R-FL), facing the facts for months now, has vowed to get a 6-year bill done this year using existing revenue. That’s the best he can do given the current House majority and leadership.

Sen. James Inhofe (R-OK) is the top Republican on the Environment & Public Works Committee that will produce the bulk of the TEA bill.  As bullish as he has been on the need to produce a full 6-year bill (with earmarks!) he disagreed this week with his committee counterpart, Chairman Barbara Boxer (D-CA), who said she will put a full bill before her committee. Inhofe acknowledged that Congress may have to make do with current levels of revenue in a 2-year bill.

So here is a tough-love case for moving ahead today: improve the policy but face the fact that Washington, sadly, is not yet ready to go the full measure in addressing the terrible under-investment in our infrastructure.   Pbea

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