Jim Riley, Director, Government Affairs
John Boling, Director, Government Affairs
Joe Colaneri, Director, Government Affairs
Patricia Maeder, Division Coordinator
www.nssga.org
Action Center
e-Digest
- TAKE TIME DURING THE CONGRESSIONAL RECESS TO MEET WITH YOUR ELECTED OFFICIALS
- IRS WITHDRAWS MOBILE MACHINERY RULES; NSSGA EFFORTS HELPFUL
- DOT TO REISSUE TRUCKERS HOURS OF SERVICE RULE WITH MODIFICATIONS
- SUBCOMMITTEE STUDIES SUSPECT SILICA SETTLEMENTS
- SENATORS PLAN ESA REFORM EFFORT
- COUNCIL ON ENVIRONMENTAL QUALITY ISSUES NEPA GUIDANCE
TAKE TIME DURING THE CONGRESSIONAL RECESS TO MEET WITH YOUR ELECTED OFFICIALS
Congressional relationships require constant care and refreshing. Now is the time to meet with your elected officials in their home districts during the August Congressional Recess. This is a great opportunity to thank your legislators for supporting the passage of SAFETEA-LU and to continue to stress the importance of highway funding in the appropriations bill. Also, the Senate is expected to act quickly on permanent repeal of the death tax. First they will vote on ending debate on the bill and then move to a vote on the repeal itself. Urge your Senators to vote yes on cloture and yes for permanent repeal.
During a recess period, legislators often are easily accessible and willing to spend more time meeting with you. Typical meetings may last no more than 15 minutes, so it is best to prepare yourself ahead of time to make the most of the visit. Some things that you can do to maximize the positive impact of your meeting are:
- Make an appointment as far in advance as possible and mention the subject or subjects that you would like to discuss with the official;
- Know your position on any issues that you will be discussing, what the opposing arguments are, and have reasons or facts as to why your position is best for the state or district as a whole;
- Listen to the legislator's comments and questions in order to gain an insight into how he or she may be leaning which will provide you with a strategy for follow-up materials or additional meetings on the topic;
- If the official asks a question that you do not have an immediate answer for, be sure to get back to him or her shortly after the visit with an answer and any other appropriate information;
- Ask what the legislator's position on the issue you are discussing is, but do not be surprised if the reply is noncommittal;
- Send a thank you note to both the elected official and the staff member who set up the visit - this can be combined with any additional follow up information that you may be providing to the legislator; and
- Plan on scheduling future meetings in order to establish a long-term and mutually beneficial relationship with the official.
IRS WITHDRAWS MOBILE MACHINERY RULES; NSSGA EFFORTS HELPFUL
The IRS recently withdrew proposed regulations to expand the definition of highway vehicles for purposes of the Highway Trust Fund (HTF) excise tax liability. The rules, originally proposed in 2002 to eliminate the "mobile machinery" exemption, were rendered unnecessary by provisions of the American Jobs Creation Act of 2004 addressing the issue. Under Sections 851 and 852 of the Act, the "mobile machinery" exemption was retained, but codified with more strict requirements for qualification. As you recall, NSSGA testified at the IRS public hearing in opposition to the proposed rules. At that hearing, the IRS announced it would postpone action saying that it would wait for Congress to examine HTF taxes.
DOT TO REISSUE TRUCKERS HOURS OF SERVICE RULE WITH MODIFICATIONS
The Federal Motor Carrier Safety Administration (FMCSA) plans to issue a final rule on the contentious Hours of Service Rule in the Federal Register later this week. The previous attempt to issue a rule in 2003 was struck down by a federal court, finding a lack of consideration of the rule's effect on driver health. Congress intervened and allowed the law to stay in effect for one year to allow FMCSA time to revisit the rule. The one-year timeline expires on September 1.
In the revised final rule, FMCSA retains most of the original rule dealing with maximum driving time and minimum rest limits, however, the new rule makes changes affecting short-haul drivers. Drivers are prohibited from driving more than eleven hours consecutively, working longer than 14 hours at one time, and driving over 60 hours in a seven-day period or 80 hours in eight days. Truckers are required to rest for at least 10 hours between shifts and a 34-hour rest period to recover from cumulative fatigue.
An important change from the original rule provides that short-haul operators, those who work within a 150-mile radius from their starting point, are not required to hold a commercial drivers license, and to extend their work day twice a week. They also will no longer have to maintain logbooks. Another change requires truckers who use sleeper-berths to rest for eight hours in a row, and take another two consecutive hours off duty before resetting their daily driving schedule.
For more information on the upcoming rule, please visit FMCSA's website at: http://www.fmcsa.dot.gov/rules-regulations/truck/driver/hos/revised-hos.asp
SUBCOMMITTEE STUDIES SUSPECT SILICA SETTLEMENTS
Congress may be on the brink of weighing in on the burgeoning cottage industry of asbestos and silicosis claims. House Energy Committee Chairman Joe Barton (R-Texas) and fellow Energy Committee colleague, Subcommittee on Oversight and Investigations Chairman Ed Whitfield (R-Ky.) have opened a probe into the nation's asbestos and silicosis claims. Their aim is to investigate the people responsible for recruiting and falsely diagnosing tens of thousands of plaintiffs as highlighted by Texas Judge Janis Graham Jack's latest silica decision. In recent years, federal and state courts have been inundated with thousands of dubious silica claims.NSSGA will follow Barton and Whitfield's efforts closely coming on the heels of the Senate Judiciary Committee's reporting of asbestos liability legislation this summer. The full Senate is expected to open debate on the asbestos litigation legislation this fall. Our industry has much riding on the outcome of these critical congressional debates. NSSGA has led the effort on Capitol Hill for rational definitions of asbestos and nonasbestiform minerals in the asbestos litigation legislation in the Senate. The Barton silica review and upcoming Senate debate on asbestos will command our full and vigorous attention and participation.
The working group, chaired by Senators Crapo and Blanche Lambert Lincoln (D-Ark.), also includes Robert F. Bennett (R-Utah), Conrad Burns (R-Mont.), Wayne Allard (R-Colo.), and Larry Craig (R-Idaho). The goal is to introduce legislation by the end of the year that would: require a recovery plan at the time a species is listed; increase states' role in listing decisions; reform the critical habitat provisions of the Act; require better science for listing decisions; provide incentives to landowners to conserve wildlife; and increase overall funding and create more accountability for spending.
NSSGA staff has been working to help educate congressional staff on the merits of ESA reform. NSSGA plans to continue working with Congress to produce a good bill that will generate benefits for the aggregates industry. For more information, please contact John Boling.
COUNCIL ON ENVIRONMENTAL QUALITY ISSUES NEPA GUIDANCE
The White House Council on Environmental Quality (CEQ) has issued a "Compendium of Useful Practices" to improve implementation of the National Environmental Policy Act (NEPA). According to the Agency, the compendium is intended to provide examples and case studies in several priority areas identified by the Administration's NEPA Task Force. The compendium is available at: http://ceq.eh.doe.gov/ntf/compendium/compendium.html.The compendium defines "useful practice" as "a process, technique, or innovative use of resources that has either improved or demonstrated the potential to improve the way an agency conducts its NEPA process by realizing cost savings, producing more timely analyses and documents, improving the quality of analysis, [or] effectively engaging interested parties."
The CEQ NEPA Task Force has officially come to an end now, although members and numerous task groups will continue working to gather practices and to implement the recommendations of the task force.
The Congressional NEPA Task Force looking at how to improve NEPA plans a couple of fall hearings and then is expected to issue recommendations. NSSGA urges members to submit comments to the Congressional NEPA Task Force at nepataskforce@mail.house.gov. The comments can be from one paragraph to several pages. This is an opportunity for industry to effect change in the statute which is not likely to come again soon. If you require assistance, please contact the Government Affairs Division.
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