Marine Transportation System

Archive for the ‘Surface Transportation Policy’ Category

Ports Then, Ports Now

In Congress, Federal Government, Infrastructure, Ports, Surface Transportation Policy on May 4, 2015 at 10:08 pm

Not all that long ago U.S. ports—principally through the public port authorities—were minor and largely absent players in the Federal transportation policy discussion. Port authorities and marine terminals engaged attorneys who tended to the infrequent channel project and to regulatory matters before Federal commissions. Seaports were (and still are) creatures of states and municipal level government. There was no Federal funding to speak of. Ports were assisted in the form of navigation channels constructed and maintained by the U.S. Army Corps of Engineers through the Civil Works program—a program in the control of legislators, who reserved the authority to approve projects, and engineers, who were told to implement the projects. Even in the case of port channels the appropriated sums did not go to port authorities but were cycled within the Federal government and to its contractors.

Back then U.S. maritime related policy was tightly focused on promoting U.S. flag shipping, American shipyards and American crews. Ports were in a policy no-man’s-land between the water and land modes. In its early years the U.S. Department of Transportation had maritime jurisdiction through the U.S. Coast Guard. USDOT was all about building the interstate highway system and tending to railroads, aviation and mass transit. It was not until 1981 when the Maritime Administration moved into USDOT after 31 years in the Commerce Department. Even then the agency continued to be concerned with vessels, not ports and harbors.

By 1980 only a handful of ports had need for Washington representation focused on Capitol Hill and transportation programs and policy, beyond that provided by the American Association of Port Authorities (AAPA).

The 1980s were a time of change. Transportation regulation was giving way to forms of deregulation. By the close of 1978 we saw deregulation take hold; railroad, motor carrier and aviation policies were being reshaped. At times ports were very interested stakeholders as Congress ushered in deregulation. If anything, they wanted to be assured of sufficient rail service, preferably the competitive kind. The Shipping Act of 1984 took the maritime sector a few steps toward deregulation, with some implications for harbors, but greater reforms had to wait until the Ocean Shipping Act of 1998.

It was not until the mid-eighties that ports entered the center ring of Washington policy deliberation. Most of the Carter and Reagan years constituted a legislative dry spell for water resource bills. Ready plans for navigation improvements and proposed feasibility studies awaited action. “User fee” had a certain cachet in the Reagan years. The message to Congress was clear: in return for the president’s willingness to sign a projects bill some reforms would be required and Federal project costs would be offset. Local project sponsors would have to share the cost of improving channel projects. Port users would have to cover a substantial portion of Federal channel maintenance costs. Defining who was to pay, and how much, divided ports into two opposing coalitions. It was not a lasting split but it highlighted differences among the harbors, their physical characteristics, their cargo volume, and their cargo kind.

The resulting Water Resources Development Act of 1986 was landmark legislation that reset navigation and other water resources policy. It also triggered an awareness on the part of ports to be present and active in Washington, both through individual representation and associations.

In the 1990s the Department of Transportation developed an interest in the port sector and the condition of water and land access routes to marine terminals. The department’s jurisdiction did not include the system of channels–and the Corps of Engineers jealously guarded that historic jurisdiction–but it rightly saw the importance of efficient access to the port facilities regardless of the mode taken. Moreover, port and other freight interest groups collaborated in calling on policy makers to give their attention to freight mobility.

In 1991 Congress enacted surface transportation legislation–its prior iterations known simply as “the highway bill”–and in doing so finally adopted intermodalism as a desirable direction for policy. The Intermodal Surface Transportation Efficiency Act of 1991 did not create an avenue for Federal aid for port facilities but it did hint at a line that would be crossed years later, when Federal dollars helped make improvements inside the terminal gates. The ISTEA sausage-making experience inspired trade groups to form the Freight Stakeholders Coalition. In the twenty-five 25 years that followed the coalition celebrated some successes and today is still at work looking to strengthen Federal freight infrastructure policy.

One of the first intermodal efforts by USDOT, in conjunction with the National Academy of Sciences’ Transportation Research Board, was to examine the state of access to ports by the land modes. TRB’s 1993 report, Landside Access to U.S. Ports was followed the next year when the ISTEA-created National Commission on Intermodal Transportation published its report, Toward a National Intermodal Transportation System. The case was being made with evidence mounting. In 2000, the results of another congressional mandated study was reported by USDOT on National Highway System Intermodal Connectors. Freight infrastructure as it led to and departed from marine terminal areas was in poor condition. Actually doing something about it had to wait a while longer for SAFETEA-LU (2005) and MAP-21 (2012).

One other marker along the policy path deserves mentioning. In 1997 Transportation Secretary Rodney Slater initiated a look into what he referred to as the “marine transportation system,” which by definition is port-centered and extends beyond the terminal gate to include the access modes and intermodal operations. USDOT convened stakeholder sessions in port cities and then a national conference on the MTS. The resulting 1999 report–An Assessment of the U.S. Marine Transportation Systemincluded recommendations, among them the facilitation of landside access to ports and the formation of an interagency Committee on the Marine Transportation System and a stakeholder Marine Transportation System National Advisory Council. Those and certain other recommendations were implemented and have contributed to improvements in both freight operations and the port policy discussion.

In September 2001 the rationale for port security measures was instantly revised, making it so much more than a matter of smuggling and cargo theft. Securing both the ports and vessels took on an urgency that made for a sharp learning curve for government and private sector alike. A ship entering a port represented a new vulnerability for the U.S. For a start, Congress produced the Maritime Transportation Security Act of 2002. The Coast Guard was given new responsibility, multi-stakeholder port security committees were formed, and facility plans were required. Fences and cameras went up where there had been none. The Transportation Worker Identification Credential (TWIC) was created for the maritime sector. The Port Security Grants Program was created and before long it was funded annually at $400 million, the dollar level being a particular success of the ports’ American Association of Port Authorities.

Then, in 2009, the severe recession prompted the new administration and Congress to formulate an economic stimulus package that included a $1.5 billion dollar competitive grant program for “shovel ready“ construction projects. What came to be called TIGER grants were awarded not just for the usual road and transit systems but also to ports and heavy rail. Freight related projects snared a third of the grants to the surprise of everyone including the folks at USDOT who realized that freight investments could be evaluated in cost/benefit terms more readily than Biden in Charlestonthe usual stretch of highway or transit rail. To date, TIGER grants have gone to 24 port projects in 16 states for a total of over $344 million in Federal funds alone.

Today the Federal government takes great interest in ports. They are seen as vital gateways for U.S. exports and critical modal connectors that when not functioning well can diminish American competitiveness. They are potentially vulnerable to terrorist attacks and are bell-weathers for our economic well-being. And they make impressive backdrops for politicians.

In 1985 I convened a meeting of a few port lobbyists to talk about shared issues. Thirty years later, a considerably larger Washington Port Reps group continues to meet and discuss a much larger issue agenda.  Pbea

(Thank you, Lillian Borrone and Jean Godwin, for your memory-jogging assistance.)


What Will This Congress Do?

In Congress, Infrastructure, Marine Highway, Politics, Ports, Security, Surface Transportation Policy, Water Resources on January 9, 2015 at 1:45 pm

Nearly a dime’s worth of days into the New Year, this is no time to rehash what happened in the last Congress. A new Congress—the 114th of our maturing nation—is now underway. And what a new Congress it is.

Republicans now rule Capitol Hill and veteran Senate Democrats are being reminded of how it feels to be called Minority. (Republicans have held the majority in the House and Senate more often than not in the previous 10 congresses, since 1995.) At the other end of the avenue is a president who has confronted more than his share of domestic and international crises. January is the starting gun for his latest test – working with the 114th Congress and its routinely unfriendly and uncooperative Republican membership. In that respect, so far, there is not much new about this Congress.

The leaders in the House and Senate themselves face internal and external challenges as they assume on behalf of their caucuses the collective role of governing. Politico used apt “cliff” and “landmine” metaphors for what faces Speaker Boehner (R-OH) and Majority Leader Mitch McConnell (R-KY) as they advance legislation through their own caucuses. The leaders know that the GOP is well positioned to turn around the “do-nothing Congress” label that the Republicans made possible—even intended—over recent years. (Yes, the dethroned Harry Reid hardly facilitated the legislative process in the Senate but Messrs Boehner and McConnell are faced with colleagues in the rank and file who came to Washington to stand in the way of government. Twelve Republicans found reason to vote against returning Boehner to the Speaker’s chair, as if he is didn’t well serve the cause(s) of conservative Republicans.) This go-round Democrats, with little control over committees, the bills they produce, and the floor schedule, will not be plausible scape goats for a failure to legislate. And in the Senate McConnell may be 6 votes shy of a filibuster proof majority but he has a pool of moderate Dems and an Indie who are potential “ayes,” such as we will see with the upcoming Keystone XL vote.

The success of a legislature is measured by legislative productivity. Can this Congress be productive with the Obama White House, which has vetoed exactly two bills in the past six years?

As previously noted, President Obama also will be tested. How well he will deal with the new Congress, his constitutional partner in making law? No doubt we will see more vetoes in his last two years in office but his legacy will depend more on what is accomplished than what he blocked.

In other words, they need each other. Few points will be awarded if progress is not seen in Washington. So, the question is whether the president can find within him the resolve of Bill Clinton, who famously made lemonade out of the GOP blowout of 1994, and whether the Republicans will function as if they want to be remembered as the “did-something Congress.”

All of that is background to a rundown of just some of the issues and questions that are of interest to the port/maritime industry and the larger freight sector.

The president put his previously stated policy view into surprise policy action with his late December announcement on normalizing diplomatic relations with Castro’s Cuba. Any number of ports, exporters and others were pleased by the news. There is bipartisan support among some in the House and Senate but Congress will either come down hard on the White House initiative or, rhetoric aside and with an eye on what Castro might do in the months ahead, show a willingness to reconsider the long-standing trade embargo that can only be ended by a change in law.

Last year, Congress came close to hitting the “target” of spending $1.2 billion from the Harbor Maintenance Trust Fund. The enacted water resources law (WRRDA 2014) sets ambitious, incrementally higher targets for Congress to meet with funding for channel maintenance and other work authorized to be supported by trust fund monies. Will the Republicans, as the saying goes, “put trust back in the trust fund” or continue to allow the Harbor Maintenance Tax assessment on cargo to be used as general revenue applied against the Federal budget deficit?

Last year the House and Senate produced a “sense of Congress” statement generally in support of the US-flag and Jones Act sectors. It can be interpreted as reaffirming existing maritime policy. Around the same time John McCain (R-AZ) reaffirmed his own maritime policy to undo the Jones Act in a speech to the Heritage Foundation. He and the petroleum industry actively urge changes to current law, which is to say, the end of the Jones Act. Meanwhile the Maritime Administration and the Secretary of Transportation will steer a draft National Maritime Strategy through the policy and political wringers of the White House. What will that document say about Administration policy and what if anything needs to be done to improve the US merchant marine or American ports?

In 2015 Congress will have to tackle surface transportation policy and funding. Will it include real money to renew freight corridors and build new infrastructure to support modern, intermodal commerce? Will Congress bite the bullet and find the money to pay it or, for that matter, to save the failing Highway Trust Fund? Past refusal by Congress to tackle this issue has depressed road and transit funding and been a principal expression of austerity economics—advocated by most Republicans, but abetted by many Democrats who also have avoided new revenue proposals—during a time when the country was climbing its way out of The Great Recession. Should this Congress produce a transportation bill that only perpetuates an inadequate level of funding and papers over the structural deficiencies of Highway Trust Fund financing it will not make for a convincing accomplishment.

The issues that may arise in the new Congress are many. Committees are establishing their work plans for the year ahead. What will the Republican majority serve up in the way of budget cuts and appropriations? Will a uniform ballast water policy finally become law? Will the TWIC reader rule that seems to assume container terminals to be at a lesser risk be implemented without alteration? How will Title XI vessel financing fare and will marine highway policy wither from inattention? Will Congress see a Federal role in helping ports, cities and businesses plan for rising sea levels and assist in improving waterfront infrastructure for the coming decades? Will the Coast Guard prepare helpful guidance and rules on cybersecurity and will the industry actively engage in developing it? Will Federal policy foster clean fuel initiatives for the freight modes and encourage off-shore wind energy development? How will the committees answer shipper complaints about railroads? Will a Republican Congress and a White House Democrat come to terms on tax reform, infrastructure funding, and trade policy?

At bottom, how well do the legislators of the new Congress—both Republicans and Democrats—understand, and how will they respond to, these and other issues of relevance to the port/maritime sector?  Pbea

The Late Senator Frank Lautenberg

In Congress, Environment, Federal Government, Leadership, MTS Policy, New York Harbor, Politics, Ports, Security, Surface Transportation Policy, Water Resources on June 9, 2013 at 11:53 pm

Senator Frank Lautenberg
1924 – 2013

Last Friday was a somber day of steady rain as New Jersey Senator Frank Lautenberg was buried at Arlington National Cemetery. News reports this past week cited how his passing was notable because he was the last sitting senator of the “greatest generation,” that chamber’s last veteran of World War II. His death came just months after Hawaii’s Senator Daniel Inouye, a wounded veteran of that war, took his resting place among the nation’s noted military and civilian leaders at Arlington.

(They also had a common  interest in the MTS—the marine transportation system. Inouye was a reliable and principal advocate for American shipping; Lautenberg for the landside elements—the ports and intermodal connections. Both were friends of labor.)

It need be said that Senator Lautenberg’s death on June 3, also is notable because it marked the passing of a champion of Federal policy to making communities healthier, the environment cleaner, and industry and travel safer and better. It was a personal agenda well suited to his home State of New Jersey but carried out with no less than the nation in mind.

In his 28 years as a senator he served on virtually every committee and subcommittee that touched on authorizing and funding transportation, civil works and environmental policy. For a period he chaired the Transportation Subcommittee on Appropriations while as a senior member of the Environment & Public Works Committee (EPW).  For a few years after the attack of September 2001 he also was on the Homeland Security & Governmental Affairs Committee. In recent years he chaired the Surface Transportation and Merchant Marine, Infrastructure, Safety and Security Subcommittee of the Senate Commerce, Science & Transportation Committee (CST). In recent years he served on EPW, CST and Appropriations, including the Corps funding subcommittee, concurrently.

As was evident in his committee work his approach to legislating was to cover all the bases, or at least as many as he could. He championed improving airports and the aviation system, expanding the use of transit and passenger rail, modernizing freight transportation, bringing American port infrastructure to world standards, and securing them all from the those who would do us harm.

He was appointed to the President’s Commission on Aviation Security and Terrorism after the tragic downing of Pan Am Flight 103 over Lockerbie, Scotland, and returned to the Senate, after a two-year hiatus, to help write and oversee anti-terrorism law after the downing of the World Trade Center towers. In those towers he had served on the Board of Commissioners of the Port Authority of New York & New Jersey before being elected senator in 1982. His time with the Port Authority–and his building the Automatic Data Processing Corporation (ADP) from scratch–were credits on his resume in which he took great pride and enjoyed telling people about if the occasion would allow.

Frank Lautenberg put much effort into environmental issues. He gave his attention to the recovery of old industrial wastelands through brownfields initiatives and Superfund legislation and to making the Toxic Substances Control Act more effective. He was protecting the coastline whether the recreation beaches or the nurturing marshlands. In his last year he walked the Jersey Shore in the wake of Superstorm Sandy, secured bi-partisan support for his toxic substances legislation and, from his wheel chair, cast his final vote in support of tighter gun legislation.

He was a tough fellow and could be an relentless advocate.  Just ask the trucking industry that couldn’t budge him from the centerline where he stood in the way of increasing truck size and weight limits year after year after year. Ask the FAA whose employees’ merit increases were at risk while their work was incomplete on the redesign of East Coast airspace in the Newark/LaGuardia/JFK market. Ask Norfolk Southern and CSX who found the Senator immovable on key issues pertaining to assuring competitive rail service for his home port when Conrail’s assets were on the block. Was he always the advocate that some of us wanted him to be? No, but then you rarely find a senator who is that agreeable.

From start-to-finish Senator Frank Lautenberg was an advocate for his New Jersey and his United States, which he strove to make  better by improving the quality of people’s lives and the means of commerce.    Pbea

(A version of this ran on The Ferguson Group blog.)


What’s the Big Deal about Public Works?

In Congress, Federal Government, Infrastructure, Ports, Surface Transportation Policy, Water Resources on March 9, 2013 at 12:04 am

Questions of the Remotely Curious:

  • Why should I care if Congress approves a WRDA bill…and what’s WRDA anyhow!
  • So what if the surface transportation bill expires!
  • What business does Washington have to do with the  sewage treatment plant the county is trying to build!
  • And why the hell does the Army Corps of Engineers have anything to say about clearing the muck from the marina where I keep my boat!

Yeah, and what’s the big deal about public works!

The average person who has no experience with government-at-work might be given a pass if he made such not-really questions.  The average Federal elected official should be expected to know…or at least quickly learn…the answers.

Would it surprise you to learn that too many folks in Congress today don’t know and…judging by the rhetoric…may not care.

Over 200 persons were first sworn into House of Representatives membership in just the past four years.  Many of them came to reside in Congress without prior legislative or other public office experience; many came with the intent to shrink government and cut spending. While those objectives are worthy of debate we are seeing in the fiscal brinksmanship and political gun play (“Call of Duty 6: Fiscal Warfare”?) how the give and take of real debate has been hard to come by here in Washington. (Consensus? Fugetaboutit.) New congressional Republicans, those of the Tea Party strain, have been a particular challenge for their Republican colleagues who came…well…to legislate.

Not too deeply into the last Congress Rep. John Mica (R-FL), then chair of the House Transportation & Infrastructure Committee, came to publicly bemoan how a troubling number of freshman who were assigned to his committee had little interest in producing the aviation and surface transportation bills that were overdue for Hill attention.  Mica publicly would cite the large number of legislative neophytes who–oddly–were poised to vote against the meat-and-potato policy and program of a public works committee. Why? Because they said they took the trip to Washington to gut government and its budget.

So it is to Chairman Mica’s credit that his committee eventually did produce the transportation authorization bills, albeit ones that didn’t adequately address the full cost of tackling the nation’s infrastructure needs.

Today, Rep. Bill Shuster (R-PA) heads the committee.   He faces the same challenge as his predecessor, Mica, and expectations as his father, Bud.  From the get-go he identified his committee objectives, which include the first water resources bill (WRDA) since 2007 and a robust surface transportation reauthorization bill including possible funding initiatives to repair the failing revenue stream for the Highway Trust Fund.

The chairman knows a price tag comes with maintaining and improving American infrastructure but he is all too aware that for some in the House and Senate it is a price they may be unwilling to pay. So before Shuster rushes headlong into bill writing he wants his colleagues on the committee and in the House to learn why it is essential for Congress to take up these issues. He has been conducting “roundtable” sessions for his committee members so they may hear from trade associations and other public and private sector stakeholders. He convened a hearing with a 101 course title–The Federal Role in America’s Infrastructure—and a Peaceable Kingdom kind of witness list.  And he has called on any and all persons who want to see transportation and infrastructure bills to get past third base to start their own education efforts on Capitol Hill.

Maybe, just maybe, the 113th Congress can be the did-something Congress.


Now They’ve Gone and Done It!

In Congress, Infrastructure, Surface Transportation Policy on July 3, 2012 at 9:54 am

Washington, which is to say Congress, got it done.  Really.

The “it” is the surface transportation authorization legislation that sets the programs for highway, transit and related infrastructure–hereafter referred to as MAP-21 (“Moving Ahead for Progress in the 21st Century” for those of you who feel a need to know.)  The bill, H.R. 4348, won bipartisan approval of both chambers by large margins.

The roughly $52 billion per year measure’s importance can be gauged by the fact that the soon-to-be law determines how much the States and transportation agencies will receive for system maintenance and improvements. It also sets national policy for everything from truck size and weight to reducing transportation emissions to traffic safety.

MAP-21 is the successor to the 2005 SAFETEA-LU (no, I won’t spell that one out for you). Arguably, MAP-21 is a significant successor. It includes some reforms recommended by national commissions that were formed–and informed–by the earmark-excessive SAFETEA-LU.  It also contains provisions on two areas of interest that are, in their own way, groundbreaking: freight and channel maintenance.

Back in 2005 once the dust had cleared following the House and Senate negotiations that produced SAFETEA-LU the freight interest groups were surprised to see the main freight infrastructure funding provision laying there in the dust.  It had been cut out.  It took the Freight Stakeholders Coalition–ports, railroads, shippers, truckers, you name it–no time to regroup and work to get–seven years later–freight policy provisions in the next bill.

Today there is reason for celebration. While a $2 billion National Freight Program didn’t survive the conference some freight provisions were adopted in the final version that is going to the White House for signature.

  • A National Freight Policy is established with goals to improve the “condition and performance of the national freight network.”
  • A National Freight Network consisting of critical freight routes and other routes on the interstate system and in rural areas, is to be designated by the Transportation Secretary.
  • USDOT is to prepare a National Freight Strategic Plan in consultation with States and public and private stakeholders. The plan is to identify freight gateways and corridors (and their bottlenecks), future freight volumes, and needed improvements.
  • USDOT is to report on the condition of the freight network and improve data and planning tools to support outcome-oriented infrastructure investments.
  • States are encouraged to develop freight plans and organize freight advisory committees to give stakeholders input into freight project planning.
  • In lieu of a separate allocation of funds for freight projects the bill offers an incentive for freight project funding by allowing the Secretary to reduce the non-Federal share of a project’s cost if it meets criteria for improving freight mobility.
  • The bill also increases to $1 billion (over a five-fold increase) the popular TIFIA credit assistance program and authorizes $500 million for Projects of National and Regional Significance (PNRS).  Both of those have been particularly helpful in financing large freight related projects.

The other noteworthy provision in MAP-21 isn’t nearly as significant in dollar and program terms but deserves a mention.  In this so-called “highway bill” is a provision bringing attention to the underfunding of port channels and the continuing Harbor Maintenance Trust Fund problem.  The best that the House and Senate sponsors of the RAMP Act legislation could achieve was to get “sense of Congress” language that reminds the White House and Congress that the full measure of HMTF resources should be spent each year to keep U.S. port channels at their most efficient.

It was much less than the RAMP Act supporters (I among them) wanted but there is a legitimately positive way to spin it.  For the first time Congress–in the surface transportation bill, no less–acknowledges the need to make full use of the user-paid revenues to maintain the underwater highways for shipping. It is a stepping stone to greater funding as I suggested a few months back after the House Appropriations Committee approved a record $1 billion to be spent from the HMTF.

Let’s be clear. MAP-21 is not all that it should have been. For starters, it is only a 2-year bill compared to its 4- and 5-year antecedents. Why? Because the House, Senate and Administration conspired to avoid the crucial issue of new revenue as if it were a tick infested bed of poison ivy. Yes, that is a kicked can that you see down the road (to double down on metaphors). The corollary to that is the inability of the legislation to afford the demonstrable need for greater funding for infrastructure  improvements and maintenance.   The funding in the bill is half of what it should be.

The surface transportation bill also is not as multimodal as it should be. It is time for rail and domestic marine freight transportation to be folded into the nominally intermodal surface transportation policy. Commuter rail is. Passenger ferries are. The adage “freight doesn’t vote” continues to apply.

With the exception of rail freight project eligibility for TIFIA and PNRS financing the program remains a predominantly highway one. It’s time we move to a different policy paradigm that addresses transportation infrastructure needs in modally neutral terms.

But let’s not spend too much time lamenting what should be but isn’t. The legislators returned to their home offices over the Independence Day recess able to say they got something worthwhile done on a bipartisan basis.  Imagine that.   Pbea


So Spake the Freight Stakeholders

In Congress, Federal Government, Intermodal, Surface Transportation Policy on June 4, 2012 at 11:49 am

The Freight Stakeholders Coalition–a group of 18 or more organizations–spoke  freight to power.  But in today’s Washington, where the policy makers often wear policy blinders, will the Deciders (to use Dubya-speak) listen to the goods movement call for change?

Back in 2005, when SAFETEA-LU came out of the House-Senate conference cooker, the Stakeholders were dumbfounded to realize that the negotiators cut from the bill a key freight provision on which there had seemed to be agreement.   It was a 2 percent set-aside funding requirement for freight related projects.

It didn’t take long for the Stakeholders to regroup, this time in sync with the 50+ State DOT leaders (AASHTO), and produce a 10-point paper making a collective case for goods movement policy.    Still feeling the SAFETEA-LU sting years later the Stakeholders sent a letter to House and Senate conferees–the people tasked with coming up with a surface transportation bill to send to the President.  The letter contains the 10-point paper and concludes:

Now more than ever, the needs of our goods movement network must be addressed as system use continues to grow in lockstep with America’s recovering economy. The inclusion of a national freight plan with supporting policies, strategy and funding will help ensure America’s international competitiveness, create jobs and bolster the U.S. economic recovery.

But will the conferees–who largely take their cue from a small number of party and committee leaders–get it done?  As we learned from the sad SAFETEA-LU experience just because there are fairly substantial freight provisions in the MAP-21 Senate bill (S. 1813) doesn’t mean the final product will take goods movement seriously.   Besides, the House-passed version (H.R. 4348) was a Plan B vehicle to get to conference with the Senate.  It doesn’t have freight provisions.  For that matter, the version that was reported from the Transportation & Infrastructure Committee, but which failed to get to a House vote, H.R. 7, contains little in the way of substantive freight provisions.

Will the conferees get it done?  Larry Ehl rightly has cause to ask a more basic question: Are Transportation Bill Negotiations on the Rocks?  Ben Goldman also see bad news clues.  Pessimists, which may include most who work around Washington these days, would observe that this particular Congress seems to want to get not much done.  Some legislators–tea partiers especially–would proudly label that an achievement.

I still think it can get a bill done, however, despite a significant push by the private sector for strong freight provisions, one wonders what the House conferees will agree to.  Moving on…

Days after sending their letter to the conferees the Stakeholders gave cheers for a senator’s letter to Secretary of Transportation Ray LaHood.

In her letter of May 31, Maria Cantwell (D-WA) told Secretary LaHood to “tear down bureaucratic barriers and inefficiencies” in the modally stove-piped department by creating a freight-focused operation in the Office of the Secretary.  The senator pointed to ways that her home state has realized benefits of “freight coordination, prioritization, and collaboration” between the public and private sectors.

Over the years Congress has been importuned to create a freight office, establish an assistant secretary post for goods movement, etc.  But silly arguments about expanding government and creating new bureaucracy usually keeps those ideas from being given a serious hearing.  The implementing agency of national transportation policy remains structured as if the modes rarely if ever meet.

But as we know, in the real world they are meeting with ever increasing frequency as the market seeks ever more efficient ways to getting the job done.  On dock rail.  Intermodal yards.  Trains to airports.  Boxes shuttled from trucks to ships to barges to trucks to rail to….

The senator’s letter speaks to the need for a  “high-level and coordinated multimodal freight initiative.” *  She reminded the Secretary he doesn’t have to wait for Congress to create a formal structure.

… I strongly encourage you to establish a high-level and coordinated multimodal freight initiative at the U.S. Department of Transportation using your existing administrative authority.  If established, this initiative office should report directly to you, include a special assistant designated with specific responsibility for freight movement, and endeavor to improve federal freight policy, planning, and investment across all modes.

Or as one might say in Obama-speak: Yes, he can.

Secretary LaHood is leaving the Obama Administration later this year.  Let this be his gift to his successor.  He can set up a freight office down the hall from his own.  He can start the process of directing the DOT stovepipes, which in truth do talk to each other about some freight objectives and the occasional project, to be even more intentional about it.  He can ask his modal administrators and freight staff for their input on how best to get it done.  But most of all he can make a serious effort–as serious as his pretty effective distracted driving campaign–to bring his department and government policy to where the mostly private sector freight innovators have been for a good long while.   Pbea

* Kudos to the Coalition for America’s Gateways and Trade Corridors for its diligent efforts in advancing the freight message on Capitol Hill.


That Transportation Can Got Kicked Again

In Congress, Infrastructure, Surface Transportation Policy on March 30, 2012 at 11:51 am

Congress this week again extended SAFETEA-LU by approving H.R. 4281, what might reasonably be labeled the kicking-the-can-down-the-road road bill.  This 9th extension buys 90 days of time for the House and Senate to come to terms on a new, surface transportation authorization measure.   And while putting off a decision on a multi-year bill is not favored by stakeholders the alternative—a complete expiration of program authority—would be far more problematic.  (The House Transportation & Infrastructure Committee release refers to “a devastating shutdown of highway and bridge projects” if the Senate didn’t follow suit.)

The Senate-passed MAP-21, S. 1813, which garnered 74 votes in that chamber, was touted by Senate and House Democrats as the simple answer to the House Republican Leadership’s unprecedented dilemma of having difficulty amassing sufficient votes to approve a surface transportation bill that was reported from committee nearly 2 months ago. But that short-cut to a final bill was unlikely for reasons including House rules.  House Members approved the extension, through June, by a vote of 266 to 158.  The vote was held off until a couple days before SAFETEA-LU was to expire and legislators are to start a two-week recess to give the Senate side few options other than to take the House extension or risk program shutdowns.

Attempts were made by Environment and Public Works Committee Chairman Barbara Boxer (D-CA) to substitute the short-term H.R. 4281 with her 2-year MAP-21 but her motions failed to win the necessary (to make for speedy consideration) unanimous consent.  Minority Leader Mitch McConnell (R-KY) objected each time.  If Senator Boxer had succeeded the bill then would have to go back to the House where one might expect it to be blocked, MAP-21’s bipartisan credentials notwithstanding.

That doesn’t mean that the Senate bill doesn’t stand a chance on the House side.  The bill’s co-author is conservative James Inhofe (R-OK) and MAP-21 won the votes of a substantial number of Senate Rs.  And while Inhofe has stayed clear of the “pass MAP-21” chanting another Republican–DOT Secretary Ray LaHood–hasn’t held back.  And there are others.

MAP-21’s urban and rural transit provisions are more to the liking of that sector and while its freight sections are not all that they could have been–major provisions produced in the Commerce, Science and Transportation Committee having been left out on the way to passage–those titles have more to recommend than one finds in the House version. Among other things the Projects of National and Regional Significance category is given new life in the Senate bill.  (On the down side, neither bill goes farther than to offer an anemic “sense of” Congress provision on the growing problem of under spending Harbor Maintenance Trust Fund resources on navigation channels.)

So, expect the pressure to build for House action on a version closely resembling the Senate bill  if the Majority continues to struggle in assembling votes for its 5-year version, H.R. 7, the American Energy & Infrastructure Jobs Act.

What now?  Speaker John Boehner (R-OH) and John Mica (R-FL), chair of the Transportation and Infrastructure Committee, continue their recruitment effort to get sufficient votes to pass H.R. 7.  They face the opposition of many Democrats, which puts much of the onus on the majority side to produce the votes. The lack of earmarks in the bill certainly doesn’t help that but then part of the problem all along has been that the Republican Conference’s many anti-earmark freshmen just have not warmed to the idea of a 5-year, $260 billion dollar transportation bill.

And if you think a 90-day extension actually gives Congress 90 days to find common ground you don’t know Washington math.  There are fewer more than 30 legislative days on the calendar between today and the start of July…when the next extension may be needed.   Pbea

(An earlier version of the above appears on The Ferguson Group Blog at


“What’s Taking So Long?”

In Marine Highway, Surface Transportation Policy on January 31, 2012 at 12:57 am

I filed a version of this with the good folks at the Connecticut Maritime Coalition whose Deep Water Port notes newsletter carries my perspectives from Washington…

A few years back the trade press started asking from their columns and story headlines why it was taking so long for marine highway progress—on the water and in government.  To some extent the questions “why” and “when” reflected skepticism and an understandable response to some of the slam-dunk rhetoric that advocates used in the first years of the last decade. The advocates’ logic was simple: Roads are congested; water is not. New highways are expensive; water is free.

Of course, it’s not that simple. (Just as the argument that Jones Act = No Marine Highway is too pat a dismissal.)

Even long-time marine highway supporter Clay Cook asked impatiently—and not without cause—in last year’s May/June Maritime Executive whether USDOT marine highway program efforts were “dead in the water?”

What is taking so long?

On the business side it doesn’t help that the economy went into the tank.  Cargo and freight volumes dropped. Capital became scarce. People and companies ducked into secure holes, stopped spending and started stuffing the mattress. Then there was the rapid rise of diesel prices only to drop just as marine efficiencies started to look attractive.

But that hardly explains it all. Modal shifts don’t happen on a dime. Yes, trucking has its challenges but driver shortages and HOS regs alone don’t steer companies to the water. Besides, intermodal rail has been doing very well and can be expected to be even more competitive in offering services to trucking.

One thing is simple: marine highway service has to make sense in economic and logistics terms to the folks who control the cargo.  Some truckers and shippers have said in public forums how water transport does make sense for their businesses. They even qualify as MH advocates. Their numbers can and will grow but more needs to be done to make the prospect for marine highway service more real and the information more available.

A few more operations on the water could make a difference. The long awaited M-580 “Green Trade Corridor” COB service between Stockton and Oakland will be up and running in a couple months. On the government side of things we also will see some steps that could make a difference.

  • In early February House Ways & Means will hold a hearing on maritime tax issues including a Harbor Maintenance Tax exemption for domestic moves of non-bulk cargo and the tonnage tax, which presently can frustrate the start of marine highway services. The chair of the subcommittee, Pat Tiberi (R-OH), is also sponsor of the exemption bill, HR 1533.
  • Related to that is the pending House Surface Transportation bill that may carry the HMT exemption legislation in a first ever “maritime title” in a surface transportation authorization bill.
  • The Navy/MARAD “dual use” project should get interesting in the coming months. Herbert Engineering’s October 28th report for MARAD, coordinated with market and operation studies, is a guide to vessel designs that could work for the commercial and, when needed, national defense markets. The strategy to replace the tired RRF with new, commercially viable ships is hinged on MH development taking off.  New incentives to help marine highway services to capitalize and get off the ground may be part of a dual use package considered within the Administration.
  • The M-580 project benefited by Federal capital grant money as have some other MH related projects.  Don’t expect marine highway program grants to be issued this or next year but USDOT is announcing a 4th round of TIGER grants (Notice of Funding Availability to be published January 31, 2012.)  Watch for MH related proposals.
  • Also, let’s not forget that the MARAD funded market/business plan studies for M-5, M-55 and M-95 corridors are to be released in the next few months.

None of the above presently qualifies as full fledged game changers but the potential is there. There is more to come on the marine highway story in 2012.  Pbea


Time for a Maritime Title

In Intermodal, Marine Highway, MTS Policy, Surface Transportation Policy, Water Resources on January 30, 2012 at 1:16 am

In a few days we will see if there is a maritime title, or section, in what is traditionally the highway bill.  What’s that, you say?  You heard right.

Back in July 2011  House Transportation & Infrastructure Committee Chairman John Mica (R-FL) let us peek at the planned contents of the surface transportation bill that finally will get its debut in committee on February 2nd.

That summary, aptly named A New Direction, included a description of maritime transportation provisions, which would have as much symbolic as substantive significance for those of us working the water.  Including a few marine transportation provisions in the once-in-a-decade highway and transit legislation could prove to be a foot-in-the-door for more of the same when the next big surface bill comes along.  (Some of us impertinently suggest that marine transportation in fact is a surface mode…the wet one.)

But one can argue that the foot has been in the door for quite some time.  The passenger-oriented Ferry Boat Discretionary Program has been the lone marine transportation element in surface transportation policy and program since 1991 and the landmark ISTEA. Interestingly, the ferry program is managed by the Federal Highway Administration–a fact that some folks in the Maritime Administration probably still have difficulty acknowledging–because that is where the money is.

John Mica has for years talked about having a transportation “vision” that is intermodal, multimodal and makes greater use of the maritime.  The Chairman’s intentions revealed last year with regard to a maritime title included three basic objectives:

  • Ensure full use of the Harbor Maintenance Trust Fund resources; only 60 percent of annual revenues are appropriated for channel maintenance.
  • Encourage  more maritime related activity including “short-sea shipping” by exempting cargo from the Harbor Maintenance Tax when moving between US ports.
  • Improve Corps of Engineer civil works project delivery.

This week the committee will meet to produce the bill.  There may be a maritime title with some placeholders to be added later.  Here’s what we see in our crystal ball:

  • The Corps project piece is not expected to be in the bill.  Such typical WRDA subject matter may be held back more as a matter of legislative strategy than anything.
  • Jurisdiction over the particular legislative remedy for the HMTF issue–contained in HR 104–is shared with the House Rules Committee where there is opposition to the so-called RAMP approach.  Appropriators are fighting it as well.  If RAMP isn’t included in the bill it won’t be for lack of trying by many stakeholders in the port navigation sector who have encouraged over 150 legislators to co-sponsor.
  • Maybe the topic that has the best chance of getting in the new maritime title is the HMT exemption for non-bulk cargo. But because the subject is within the jurisdiction of the Ways and Means Committee Mica’s transportation panel is expected to defer to the tax committee on bill language (likely to look like HR 1533).  So keep an eye on the Ways and Means hearing to occur this Wednesday. The HMT and HMTF issues will be heard and when that committee later meets to take up the transportation bill’s tax-related provisions we may find the HMT provision added.  (The subject of the vessel tonnage tax also is to be brought up at the Wednesday hearing.)

It looks like a maritime title will have, at best, a couple provisions. But if by the time the surface transportation measure goes to the House floor its 1000 or so pages include a maritime title–maybe only a wet highway provision to go with the dry highway ones–we should take a minute to savor a small provision and an encouraging direction for transportation policy.  Pbea


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