³Ô¹ÏºÚÁÏÍø of America has joined with the National Association of Manufacturers, the American Society of Civil Engineers, the American Council of Engineering Companies and several other trade associations in filing a friend-of-the-court (amicus) brief in the U.S. Supreme Court in support of Mingo Logan Coal Company’s lawsuit against the U.S. Environmental Protection Agency (EPA). Mingo’s suit challenges whether EPA has broad discretion to withdraw disposal sites from a Section 404 (wetlands) permit long after the U.S. Army Corp of the Engineers issued it, or whether the Corp is the only federal agency with the authority to modify its existing permit.
On Wednesday, ³Ô¹ÏºÚÁÏÍø and other transportation stakeholders joined in support of Oregon Democrat Congressman Earl Blumenauer as he introduced his bill H.R. 3636, the Update, Promote, and Develop America’s Transportation Essentials Act (UPDATE Act) at a press conference at the Capitol. The bill would phase-in a 15 cent gas tax increase starting in 2014, indexes the gas tax to inflation, and then confirms Congress’s intention to replace the gas tax with a more equitable, stable source of funding by 2024.
The Department of Transportation (DOT) released its semi-annual regulatory agenda last week, which gives a status report on a number of pending rules and regulations the agency is working on. During fiscal year 2014, the Federal Highway Administration (FHWA) will continue to focus on creating national performance measures and standards to meet the national transportation goals identified in MAP-21. Specifically, FHWA will initiate rulemaking on national goals and performance measures for safety; bridges and pavement; congestion reduction, CMAQ; freight; and interstates and the national highway system.
As the conference committee on the budget continues to debate a path forward for fiscal year 2014 and possibly 2015, ³Ô¹ÏºÚÁÏÍø and other transportation stakeholders continue advocate for addressing the pending insolvency of the Highway Trust Fund in our outreach to the members of the House and Senate serving on the budget conference committee.
The Federal Highway Administration this week identified the highway routes it proposes for inclusion in the Primary Freight Network (PFN).,The PFN was mandated in MAP-21, which directed the Transportation Secretary to designate up to 27,000 existing miles of interstate and other roadways, along with the possibility of 3,000 miles in the future, as part of the PFN. The expectation is that the PNF designation will encourage states to direct resources in a strategic manner to improve freight movement. FHWA's PFN proposal was based on several factors, including the origins and destinations of freight, shipment tonnage, population, and traffic volumes.
This week, ³Ô¹ÏºÚÁÏÍø submitted a statement to the House Small Business Subcommittee asking for construction industry drivers to be exempted from new hours of service restrictions that require a 30-minute break during an eight-hour on-duty period and a requirement that those who do not meet the construction driver definition can only restart the weekly on-duty clock following a 34-hour off duty period that includes at least two periods between 1:00 a.m. and 5:00 a.m. The new regulations went into effect on July 1, 2013, and have caused problems for certain segments of the industry. New Federal Motor Carrier Safety Administration (FMCSA) rules continue the construction exemption which allows a reset of the on-duty clock after a 24-hour off duty period for drivers delivering construction materials within a 50 air mile radius of their work reporting office. However, in circumstances where drivers travel greater distances or are required to work 12-hour shifts, more stringent rules apply.
U.S. DOT announced this week the award of a Transportation Infrastructure Finance Innovation Act (TIFIA) loan for $275 million to Georgia DOT to build 29.7-miles of new reversible lanes along I-75 and I-575. The loan will go toward the $833.7 million total cost of the project. This is the fourth TIFIA loan to be approved by DOT under the new funding provided to this program since enactment of MAP-21.
Rep. Earl Blumenauer (D-Ore.) announced his intention to sponsor legislation to raise the federal gasoline tax by 15 cents per gallon. The increases would be phased in over three years and would be indexed for inflation. The increase would be in place until 2024, at which time it would revert back to current levels. During this ten-year period, the intent would be to transition to a mileage-based user fee.
As the conference committee on the budget continues to debate a path forward for fiscal year 2014 and possibly 2015, ³Ô¹ÏºÚÁÏÍø and other transportation stakeholders continue advocate for addressing the pending insolvency of the Highway Trust Fund in our outreach to the members of the House and Senate serving on the budget conference committee. This week, an ³Ô¹ÏºÚÁÏÍø-led multi-industry letter was sent to the budget conferees asking them to take into consideration the pending trust fund insolvency as they work to craft a fiscal path for the next year or two.
The Pennsylvania Legislature this week approved a $2.3 billion transportation bill that includes funding for transit, highways and other infrastructure projects. The legislation was a major victory for Gov. Tom Corbett (R), who is running for reelection in 2014. The five-year spending bill targets $1.65 billion for bridge and highway repairs and $500 million for transit. The bill also allocates funds for airports, railways, ports and bike paths.