12/18/07 | FHWA Halts I-80 Tolling Application
Late last week, the Federal Highway Administration (FHWA) has sent a letter to PennDOT Secretary Biehler informing him that the I-80 toll application is being returned because of incomplete information required under the toll pilot Phase I application process. Included in the letter are a number of items that will likely prove difficult for the Pennsylvania Turnpike Commission to overcome, and it requires them to resubmit the application. In addition, the letter scolds PennDOT and the turnpike commission for apparently claiming that FHWA has already granted permission to toll. Furthermore, the letter indicates that there is competition for the 3rd and final slot under the pilot program. Here are the major issues raised by FHWA: * The application doesn't provide enough detail about planned improvements, including costs. * It questions why the lease agreement states an intent to "maintain" current physical characteristics of the highway when the pilot requires reconstruction and rehabilitation. There are several places where the letter questions the need for reconstruction. * There's no evidence of consultation with MPOs affected by the project, including placement and amount of the tolls. Since these details have (no doubt intentionally) been kept vague, this would force the Pennsylvania Turnpike Commissions hand. * The letter describes several hundred billion dollars in federal-aid Interstate Maintenance money that PA has transferred to other programs, rescinded or which has remained unobligated. While not saying so, FHWA seems to be questioning PA's justification for tolls when they have apparently squandered or left unspent money that should otherwise have been invested in I-80. * They require more details on toll rates and projected revenue. * Also needed is more detail on how the toll plan takes into account the interests of local, regional and interstate travelers. * Questions how the PTC can make annual lease payments to PennDOT of up to $400 million (as reported in the press, not the application) and have money left over for I-80. * Questions the amount of bond issuance. * Brings into question whether all toll revenue will be invested in I-80 improvements, which is required under the pilot. This new development is a small victory for PMTA and we will continue to update members as the situation progresses.

01/14/08 | PAs Snow-Free Rule On Hold
When the Pennsylvania Senate wrapped up its work for the year, a bill that is intended to encourage drivers to clear snow and ice off their vehicles was not approved. However, the bill can be brought back for consideration this year. SB651, sponsored by Senator Lisa Boscola, D-Northampton, would allow police to ticket drivers for failure to clear snow or ice before they take to the roads. Violators would face fines ranging from $25 to $75. The bill also would increase the maximum fine for commercial and non-commercial drivers in violation of existing law to $1,500. In addition, the bill would not hold drivers liable for snow or ice that accumulates on a vehicle while out on the road. Boscola said she doesnt want to require drivers to make repeated stops during a storm to comply.

01/14/08 | PA Senate Approves Biodiesel Bills
Prior to the end-of-the-year session, two bills were sponsored to boost the states use of biofuels through production subsidies and content requirements. As part of a special session that included efforts to promote alternative fuel efforts, Senators voted to advance the bills to the House for further consideration. According to reports, the content requirement legislation would require biodiesel to be added to each gallon of diesel sold in the state in increasing amounts as in-state production of biodiesel reaches certain thresholds. Sponsored by Senator Mary Jo White, R-Venango, the bill  SB36  would require all diesel to contain at least 2 percent biodiesel when in-state production reaches 60 million gallons. A 5 percent requirement would be mandated once production reaches 150 million gallons. According to the National Biodiesel Boards Web site, current production in Pennsylvania is about 115 million gallons annually. The subsidies bill  SB22  would give biodiesel producers 75 cents per gallon. It would allot $5.25 million annually. The extra subsidies would expire by 2011. Sponsored by Senator Tommy Tomlinson, R-Bucks, the bill also would increase the per-gallon subsidy from 5 cents to 10 cents for production of other alternative fuels.

03/07/08 | PUC Hearing
By now, many of you have received (if you have PUC authority) a Prehearing Conference Order from the Public Utility Commission. The Conference is scheduled for 10:00 AM, Friday, March 14, 2008, in Hearing Room #1, Commonwealth Keystone Building (PennDOT), 400 North Street, Harrisburg. It is our understanding after talking to a representative of the PUC that an initial Pre-Hearing Conference will be held on March 14, 2008, in regard to the PUCs Generic Investigation Regarding Transportation Assessments. The Pre-Hearing Conference has two purposes. First, it will be used to organize motor carrier industry and railroad parties into panels that will make presentations and give on-the-record testimony at the technical conference concerning transportation assessments, which is being held on March 19, 2008. Secondly, a litigation (hearing) schedule will be established for those motor carriers or railroad utilities that have filed an objection to their current assessment based upon a generic issue(s) (such as, utility groupings, computation of direct hours, etc.). Industry participants expected to attend are: trucking and bus companies, limousine carriers, taxi companies, household good movers, and railroads. At the technical conference on March 19, the panels of industry participants that were organized at the Pre-Hearing Conference will make presentations and offer testimony to the Commission. The presentations are expected to address the Commissions method for determining the assessments for transportation utilities, and potentially recommendations for future assessment determinations. The goal of the technical conference and hearings on generic assessment issues is to provide sufficient information to the Commission to render a final decision on the allocation of transportation assessments by a public meeting scheduled for June 12, 2008. James Runk, PMTA President & CEO will be attending the 14th meeting on behalf of PMTA along with our General Counsel. If you have questions, please contact James Runk at 717-761-7122.

03/07/08 | Final Rule For HAZMAT Materials
Final Rule For HAZMAT Materials The Pipeline and Hazardous Materials Safety Administration (PHMSA) recently published a final rule amending the hazardous materials regulations governing the classification, packaging, handling and labeling of certain hazardous materials. The rule includes a new proper shipping name and identification number for ethanol/gasoline blends with more than 10 percent alcohol, and requires the use of separate placards for multi-compartment tank trucks transporting these blends. The rule also expands the exception for small quantities of hazardous materials, clarifies transportation requirements applicable to dry ice, detonator assemblies, and other explosives, and requires shippers to exercise due diligence in selecting a carrier with a safety permit to transport certain hazardous materials (i.e., certain explosives, PIH materials, radioactive materials, and liquefied natural gas). A copy of the final rule is available through the following link: http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-1211.pdf.