... SURFACE TRANSPORTATION

New Federal Grant to Help Cut Construction Timelines

Iowa, Minnesota, and South Carolina will be the first states to each receive a $1 million grant under the Federal Highway Administration's "Highways for LIFE"(1) program. The grants are intended to help develop new approaches that can cut construction schedules in half.

The goal of "Highways for LIFE" is to reduce work-zone congestion by cutting the time needed to build and repair highways. The program emphasizes innovation and promotes novel operational and contracting approaches that can shave time off construction projects.

Iowa will use the grant to fund the reconstruction of an interchange in Council Bluffs, using prefabricated bridge sections that can be made away from the roadway and installed overnight. Minnesota will reconstruct a portion of Highway 36 in Minneapolis/St. Paul using a full-road closure for five months to complete the project faster. South Carolina will use a "no excuses" clause in a construction contract for meeting the specified completion date for a bridge project in Kingstree.

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

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(1) Highways for LIFE stands for long lasting highways using Innovative technologies and practices to accomplish fast construction of efficient and safe pavements and bridges.

Motor Carrier Safety Administration Issues Grade Crossing Safety Guidance

The Federal Motor Carrier Safety Administration (FMCSA) hopes to reduce the number of truck collisions at railroad crossings by distributing new safety tip cards to every truck driver.

More than 700 truck and bus highway-rail grade crossing collisions occur each year.

"This new card will remind professional drivers of steps they can take to avoid needless tragedies," said FMCSA Administrator John H. Hill.

Almost 250,000 of the cards, which were produced in collaboration with the Federal Railroad Administration, will be distributed to specialized carriers and industry associations.

The two-sided, laminated card reminds truck drivers of specific actions required to safely cross railroad tracks, such as making certain there is enough space on the other side of the tracks before proceeding and what to do if their vehicle stalls or hangs up on the tracks. The card also includes emergency contact numbers for the major railroads.

Click here for an electronic sample of the visor card. Requests for free print-ready Adobe® Illustrator files should be sent to rrsafety.fmcsa@dot.gov.

Contact: Robert Sullivan.

Settlement Agreement Reached on Hexavalent Chromium

The Surface Finishing Industry Council (SFIC) and the Occupational Safety and Health Administration (OSHA) have reached a settlement agreement amending the compliance date provision of the hexavalent chromium (CrVI) standard for general industry.

The agreement is for eligible facilities in the surface finishing industry. Facilities that become parties to the agreement must install engineering controls to manage employee exposures to CrVI by December 31, 2008.

The parties, however, will get a break from certain respirator requirements during this time.

Other petitions for review of the CrVI standard remain pending before the United States Court of Appeals for the Third Circuit, including a group that might challenge the cement exclusions contained in the final rule. PCA is poised to intervene in the case if necessary to preserve the exclusions.

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

Mine Safety Chief Announces New Procedures

Newly-appointed Assistant Secretary of Labor for Mine Safety & Health Richard E. Stickler announced procedural guidelines this week for safety and health enforcement personnel to use when evaluating potentially flagrant violations under the new Mine Improvement and New Emergency Response Act (MINER Act).

According to the MINER Act, a civil penalty of $220,000 may be assessed for a flagrant violation. A flagrant violation is defined as "…a reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory safety and health standard that substantially and proximately caused, or reasonably could have been expected to cause death or serious bodily injury."

Stone, sand and gravel, and cement operations are subject to the MINER Act and its requirements. The new procedures set the criteria that an inspector must consider when recommending that a flagrant violation penalty be assessed.

Click here for a copy of the new procedures.

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

Senators Comment on Proposed Penalty Schedule

The U.S. Mine Safety & Health Administration (MSHA), in addition to the policy described in the story above, has proposed rulemaking to establish a regulatory process for assessing penalties.

On Monday, Senator Edward Kennedy (D-Mass.), ranking Democrat on the U.S. Senate Committee on Health, Education, Labor and Pensions, wrote to U.S. Secretary of Labor Elaine Chao, commenting on the proposed criteria and procedures of assessing civil penalties under the relatively new Mine Improvement and New Emergency Response Act (MINER Act).

Sen. Kennedy and four committee members including Senators Arlen Specter (R-Pa.), Patty Murray
(D-Wash.), Robert C. Byrd (D-W.V.), and John D. Rockefeller IV (D-W.V.), commented on several aspects of the proposed penalty rule.

Specifically, the letter stated: "First and foremost, we are concerned that the revised schedule set forth by MSHA imposes lower penalties than under current regulations."

The letter goes on to make several additional points that the Senators believe are significant in any final rule. Click here to see a copy of the Senate press release and letter.

PCA submitted comments on the proposal before the original deadline. The comment period was subsequently reopened and remains open until November 9.

The MINER Act requires MSHA to promulgate a final rule by the end of 2006.

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

Audit to Focus on Increasing Highway Construction Costs

Initiated in response to a request from the U.S. House of Representatives Committee on Transportation and Infrastructure, the Office of Inspector General plans to conduct an audit analyzing the recent growth in highway construction and maintenance costs.

The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETTEA-LU), signed into law in August 2005, authorized $244.1 billion for funding highway and public transportation projects from Fiscal Year 2005 through Fiscal Year 2009.

Just over a year later, dramatic cost increases have already led some state planners to cancel highway projects due to insufficient funds. Further, it is unclear what direction highway costs will follow in the future.

The objectives of this audit are to determine:

• The extent of recent cost increases for highway construction and maintenance projects,
• Whether the cost increases are the product of transitory factors or indicative of longer term structural changes that need to be reflected in future transportation infrastructure funding plans, and
• The degree to which these cost increases are subject to regional variations.

Click here for a copy of the memorandum announcing the audit.

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

Supreme Court Hears Environmental New Source Review Case

The U.S. Supreme Court this week heard oral arguments in a key case that could impact future enforcement of the new source review (NSR) provisions of the Clean Air Act of 1990.

The NSR provisions require state-of-the-art control technologies at existing facilities undergoing a modification that results in an emission increase.

The key dispute in the Environmental Defense v. Duke Energy case is the baseline for determining past emissions, specifically whether they should be measured on an annual or hourly basis.

The Fourth Circuit Court of Appeals ruled in the Duke Energy case that U.S. Environmental Protection Agency (EPA) should use an hourly emission test.

The EPA has since proposed a rule to codify the hourly emission test, but the Seventh Circuit Court of Appeals held in a different case that the annual test is the appropriate measure.

Most of the questions asked by the Justices during the argument indicated that they were inclined to decide the case based on the merits and that they were skeptical of Environmental Defense's position that the annual test was definitively established by EPA.

Contact: Tom Carter.

White House Releases Action Plans Under Asia-Pacific Partnership

The cement industry and other participants in the Asia-Pacific Partnership on Clean Development and Climate have planned almost 100 projects designed to reduce emissions of greenhouse gases over the coming years.

The projects involve key industries in China, India, Japan, Australia, South Korea, and the United States.

These countries view the Partnership as a more viable alternative to the Kyoto Protocol.

Click here to view the cement task force action plan and here to view other action plans endorsed at the Asia-Pacific Partnership Policy and Implementation Committee’s third meeting, held on Jeju Island, Korea, last month.

Contact: Tom Carter.

Congressional Recess Continues

The U.S. Senate and House of Representatives are set to re-convene after the elections, which are scheduled for Tuesday.

In the days ahead, expect a final flurry of pre-election campaigning as Republicans attempt to retain control of Congress.

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