... CONGRESSIONAL DOCKET

Congressional Recess Continues

The U.S. Senate and House of Representatives are on recess until after the elections, which are scheduled for Tuesday, November 7.

NACA government affairs team members continue to work with Congressional staffers as well as key government agencies to address issues of importance to members and the industries at large.

Peters Sworn in as Transportation Secretary

Earlier this week, Mary Peters was sworn in as the 15th Secretary of the U.S. Department of Transportation.

Secretary Peters—a long time friend of the transportation construction industry—served as Administrator of the Federal Highway Administration from 2001 to 2005. She also spent 16 years at the Arizona Department of Transportation, including thee years as director. Most recently, she was a senior vice president at HDR Engineering.

During the swearing-in ceremony, Secretary Peters highlighted the important role the transportation system plays in the nation's economic vitality. She also pointed to the challenges confronting the DOT in addressing the needs and condition of the nation's aging infrastructure, particularly in light of the growing concerns regarding the ability of traditional funding sources to keep pace with the growing demands on the network.

Calling the situation a "perfect storm growing before us," Peters urged policy-makers to find "fresh angles and creative ways to improve the performance of our transportation system."

President Bush hailed Peters as "the right person to succeed Norm [Mineta] as the secretary of transportation."

He added, "She understands that to maintain our nation's competitiveness and to sustain our growing economy, we need a secretary who can see the challenges and be willing to confront them."

For more information, contact: Jim Kolb or John Sullivan.

Developments Reported with Air Quality Standards

There were two important developments this week regarding the U.S. Environmental Protection Agency's (EPA) efforts to revise two national ambient air quality standards (NAAQS).

First, the new final particulate matter standard was published in the Federal Register on Tuesday, officially codifying the standards for fine and course dust.

On Wednesday the D.C. Circuit Court of Appeals issued a joint stipulation modifying the consent decree that sets the timetable for EPA's revision of the ozone NAAQS.

The proposed rule, formerly due in January, is now due by May 30 and the deadline for the final rule has been moved from next September to February 28.

Contact: Tom Carter.

Commission to Examine Surface Transportation System

The National Surface Transportation Policy and Revenue Study Commission held a hearing in Washington, D.C., focusing on congestion price efforts and the growing role of the private sector in addressing the needs of the nation's transportation infrastructure.

FHWA and state transportation officials, industry experts, and members of academia provided the Commission with insights into the growing role of the private sector surface transportation network in infrastructure improvements.

The hearing looked at the federal policy issues involved in public-private partnerships and examined a number of private infrastructure transactions that have been effected on the state and local level.

The Commission was mandated by the highway bill (SAFETEA-LU) to examine future needs of the surface transportation network, as well as to develop recommendations to meet these needs.

Contact: Jim Kolb.

President Bush Makes Recess Appointment

Secretary of Labor Elaine Chao announced yesterday that President George W. Bush appointed Richard E. Stickler as Assistant Secretary of Labor for the Mine Safety and Health Administration.
The position has been vacant since November 2004.

Stickler served as director of the Pennsylvania Bureau of Deep Mine Safety from 1997-2003. During his career, he also worked as a coal miner, captain of a mine rescue team, and shift foreman, before eventually becoming a mine superintendent and manager.

Stickler is said to have the right credentials to lead safety and health initiatives for underground miners, arguably the most hazardous occupation within all sectors regulated by MSHA.

Stickler will administer the new MINER Act which was signed into law last May by the President. The Act contains provisions for issuing new regulations and for adopting strategies for protecting miners' lives. He will serve as assistant secretary until the end of the Bush Administration in January 2009.

The Senate twice rejected Stickler’s appointment, but as reported previously in the WASHINGTON BRIEFING (October 6), the recess appointment was not a complete surprise.

For more information, contact: Tom Carter, Tom Harman, or Andy O'Hare.

Advocacy Group Attacks Revised Hours-of-Service Rule

In a brief filed in federal court as part of it challenge to the Federal Motor Carrier Safety Administration's (FMCSA) revised driver hours-of-service rules, the advocacy group known as Public Citizen stated that the revision amounted to "a dramatic increase in weekly driving and working hours."

The group said the FMCSA ignored studies that did not support increases in driving time.

In 2003, FMCSA published the first revision to the hours-of-service rule in more than 60 years—increasing the amount of allowable driving time to 11 hours from 10, but requiring that driving be done in a 14-consecutive-hour period rather than the previously allowed 15-hour workday. The agency also boosted the minimum off-duty time to 10 hours from eight hours.

Public Citizen argues in its brief that these changes, and the mechanism to reset weekly driving allotments, represent a 20 percent increase in driving time compared to the pre-2003 rule. The group claims that FMCSA cannot guarantee the health of drivers and that the agency continues to disregard the impact on driver performance and health of combining long daily and weekly hours.

Final briefs in the case were due to the court September 29, but oral arguments have not yet been scheduled. (Source: Transport Topics)

Contact: Robert Sullivan.

Port Security Package Contains CDL Enforcement Provisions

The Port Security Improvement Act, P.L. 109-347, signed by President Bush on October 13, contains a provision that will require commercial driver's license (CDL) applicants to prove that they are U.S. citizens or that they are otherwise in the country legally.

The provision was sponsored by Senators Mark Pryor (D-Ark.) and Jim Talent (R-Mo.).

The Pryor-Talent amendment calls for the creation of a procedure for roadside enforcement officials to verify a driver's legal status. The Act also contains a provision strengthening anti-fraud measures to prevent state officials or third-party testing groups from taking bribes in exchange for CDLs.

Overall, the Port Security Improvement Act bolsters security for rail systems that haul cargo to and from U.S. ports; will add 1,000 agents to screen containers coming on ships; requires inspections of high-risk cargo at foreign ports; and establishes a pilot program to scan cargo for nuclear material at three yet to be determined foreign ports.

Contact: Robert Sullivan.

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