... DRIVERS' HOURS OF SERVICE

Appeals Circuit Hears Hours-Of-Service Challenges

Judges Douglas Ginsburg, Merrick Garland, and Karen Lecraft Henderson of the U.S. Court of Appeals for the District of Columbia Circuit heard arguments Monday in the consolidated challenges to the 2005 drivers' hours-of-service rules.

The Owner-Operator Independent Drivers Association (OOIDA) principally argued that the rules, when proposed, had not contained adequate notice that the Federal Motor Carrier Safety Administration (FMCSA) was considering adopting an uninterrupted eight-hour sleep period for drivers using sleeper berths. The Court reportedly did not appear swayed by the OOIDA claim, citing excerpts from the agency notice specifically seeking comment on the 8/2 split.

Public Citizen continued to focus its challenge on the alleged increase in risk associated with going from 10 to 11 hours of daily driving time and the increase in potential weekly driving hours under the
34-hour restart provision.

In response to the safety group's contentions, the Court focused on the adequacy of the FMCSA's Regulatory Impact Analysis. A decision in the cases is expected within the next 2-3 months.

Contact Robert Sullivan or Tom Harman.

Inhofe's Final Hearing as Chairman Focuses on Climate Change

At his final hearing as Chairman of the U.S. Senate's Environment and Public Works Committee on Wednesday, Chairman James Inhofe (R-Okla) focused on highlighting media coverage on global warming.

Inhofe's three witnesses helped demonstrate his view that the media is biased when covering the issue of global warming and its effects by using language and imagery that evoke panic and fear.

Incoming Chairwoman Barbara Boxer (D-Calif.) maintained throughout the hearing the importance of a free press and noted the media can report the news as they see fit and keep opinions on "op-ed" pages. Through her two witnesses and presentation of articles from various media sources, Pentagon reports, and the Centers for Disease Control and Prevention, she attempted to assert climate change and global warming as a growing threat and a clear consensus view of scientists (and a few members of the business community) that global warming is caused by humans.

Senators George Voinovich (R-Ohio), Johnny Isakson (R-Ga.), and Kit Bond (R-Mo.) all mentioned the economic impact of new U.S. Environmental Protection Agency emissions standards, and questioned how we hold other developing countries such as China accountable to these standards. Senator Frank Lautenberg (D-N.J.) continued along Senator Boxer's line of questioning and assertions in his remarks.

In other news, Senator Boxer also discussed her agenda as the new Chairwoman in the 110th Congress to be bi-partisan and solutions-focused.

She cited two new Subcommittees that will focus on public and private solutions to climate change:
.....• The Subcommittee on Private Sector and Consumer Solutions to Global Warming and Wildlife Protection, to be chaired by Senator Joseph Lieberman (I-CT), and
.....• The Subcommittee on Public Sector Solutions to Global Warming, Oversight, Children's Protection and Nuclear Safety, which Sen. Boxer will chair.

Contact John Shaw or Jessica Hogle.

Four Western States Unite to Act on Climate Change

Public Utilities in California, Oregon, Washington, and New Mexico have agreed to collaborate on approaches to reduce emissions of greenhouse gases (GHG's).

The four-state pact will initiate policies on energy efficiency, renewables, carbon capture technology, and GHG standards. This is the latest in a chain reaction of developments that have thrust climate change to the upper tier of domestic policy issues in the United States.

Right on the heels of California's greenhouse gas reduction legislation, both houses of Congress flipped to the control of the Democratic party, which is keen to address the issue.

Then last week, the U.S. Supreme Court heard the first in what could be many climate change cases to reach the high court. Stay tuned for more developments on this emerging issue.

Contact Tom Carter.

Highway Administration Reports on Rapid Bridge Construction

On Wednesday, the Federal Highway Administration (FHWA) released a summary report on a conference held on rapid bridge construction.

The purpose of the conference was to develop guidance on what is needed to further implement rapid bridge construction nationally in each of four topic areas: decision-making process, contracting strategies, costs, and specifications.

The workshop featured presentations by a panel of experts representing the FHWA, state departments of transportation, contractors, and other officials.

"It is hoped that bridge professionals across the country will review the discussions and proposed actions, and become champions to begin addressing the various identified needs," the FHWA said.
"The efforts of all are appreciated in this initiative to further implement rapid bridge construction nationwide."

Contact John Sullivan.

Update: Fiscal Year 2007 Transportation Funding

Congress has yet to complete action on the Fiscal Year 2007 Transportation-Treasury-HUD-Judiciary-DC appropriations bill, which sets the federal transportation infrastructure program investment levels for fiscal year 2007.

The SAFETEA-LU legislation enacted last year sets federal highway and transit investment levels for multiple years. Adoption of the annual transportation appropriations bill makes those funds available to the states.

Federal transportation infrastructure programs have been operating under a stop-gap continuing resolution (CR) providing funding for these programs through December 8.

Under the CR, the highway program is funded at the fiscal year 2006 level, which is $3.4 billion below the fiscal year 2007 level contained in SAFETEA-LU. Failure to complete action on this measure will delay release of the increased investment levels included in SAFETEA-LU.

Later today, Congress is expected to pass another CR that will keep government programs operating through February 15.

Contact Jim Kolb or David Hubbard.

Update: SAFETEA-LU Technical Corrections Bill

The U.S. House and Senate transportation committees have been unable to finalize legislation make programmatic and technical language corrections to last year's highway and public transportation law prior the adjournment of the 109th Congress.

The House completed action on the measure before breaking for the November elections.

Despite effort by the Senate Environment & Public Works Committee to move the House-passed corrections bill, the legislation has not been able to gain consent to be considered by the full Senate due to a number of objections from individual senators.

ACPA and PCA were successful in securing inclusion of language correcting a provision in SAFETEA-LU that changed the long-standing cost share requirements within the pavement research section from the TEA-21 level of 80-20 ratio to a 50-50 match.

If not corrected, the net effect of this change will be to limit the amount of pavement research that is done under this program.

For more information, contact: Jim Kolb or David Hubbard.

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