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Newsline Washington

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OSHA Work Zone Compliance Directive Focus of Feb. 28 Webinar

Obama Highlights Infrastructure Investment in State of the Union

A new directive from the Occupational Safety & Health Administration (OSHA) means the agency is likely to step up its inspections of roadway work zones. Are you prepared if agency officials arrive unannounced at your job site? A Feb. 28 webinar, scheduled for 1-2 p.m., Eastern time and hosted by ARTBA, is designed to make sure you are. Continued on page 4

Feds Belong in Infrastructure Business House Transportation and Infrastructure Committee Chairman Bill Shuster (R-Pa.) and Ranking Member Nick Rahall (D-W.Va.) successfully drove home a critical point to their colleagues February 13: the federal government has a strong role to play in infrastructure. All Republicans and Democrats who spoke at the committee’s first hearing of the year, as well as the threewitness panel representing business and labor, agreed the federal government Continued on page 4 Follow ARTBA:

In his State of the Union address last week, President Obama proposed a new “Fix it First” program that would target federal resources at structurally deficient bridges and other assets. The proposal calls for $50 billion in shortterm investment, of which $40 billion would be dedicated to urgent upgrades, such as deficient bridges. The President is also urging a long-term increase in federal highway,

public transportation and passenger rail investment financed by savings from reduced spending on the Iraq and Afghanistan wars. He referenced a new “Partnership to Rebuild America” that would leverage private sector investment to upgrade the nation’s transportation and energy infrastructure networks, but the Administration has not provided specifics on this concept.

The President has proposed similar initiatives since 2011 with little response from Capitol Hill. ARTBA has consistently urged the Administration, most recently in a January 4 letter to the President, to combine their efforts to provide short-term transportation infrastructure investments with a long-term solution to the Highway Trust Fund’s structural revenue shortfall.

Nominate your firm’s “rising stars” for the 2013 ARTBA Young Executive Development Program ARTBA Washington Newsline

$7 Billion in Highway Funds Obligated So Far in FY 2013 Federal, state and local transportation departments of transportation (DOTs) have so far obligated $7 billion in federal funds during Fiscal Year (FY) 2013, according to the latest ARTBA’s analysis of Federal Highway Administration data. This is an increase of 56 percent over the $4.5 billion obligated during the same time period last year. The report’s author, Dr. Alison Premo Black, ARTBA chief economist, warns that while this is a good start, legislation to fund the federal government must be enacted before the end of March if states are to receive more than the $16.9 billion of highway funds that are required to be obligated before the end of the fiscal year next October. To purchase the full report with detailed, state-by-state analysis of obligated funds, contact ARTBA’s Sarah Crane.

Source: ARTBA analysis of U.S. Census Bureau data.

Upcoming Events


Visit our Events Page for more information. Federal Issues Program & TCC Fly-In June 3-5 Washington, D.C. [Add to Calendar]

Young Executive Development Program June 3-6 Washington, D.C. [Add to Calendar]

25th Annual ARTBA P3 Conference July 25-26 Washington, D.C. [Add to Calendar]


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ARTBA National Convention September 8-10 Milwaukee, Wis. [Add to Calendar]

Dr. J. Don Brock TransOvationTM Workshop & Awards Program October 28-30 San Jose, Calif.

Local Transportation Management Virtual Conference & Innovation Showcase (LoTransTM 2013)

November 19-20

5th Annual Transportation Construction Law & Regulatory Forum October Washington, D.C.

Regional Meetings

Western: December, Austin, Texas Central: December, St. Louis, Mo. Southern: December, Charlotte, N.C. Northeastern: December, Baltimore, Md.

Upcoming Award Deadlines PRIDE Awards: Honoring Excellence in Community Relations & Public Education that enhance the image of the U.S. Transportation Construction Industry. Deadline: March 29, 2013

Globe Awards: Honoring U.S. Transportation Construction Industry Excellence in Environmental Protection & Mitigation Deadline: April 12, 2013

Hall of Fame: Honors individuals or families from the public and private sectors who have made extraodinary contributions to the U.S. transportation development. Deadline: April 12, 2013

ARTBA Member Receives Engineering Honor

Products & Services 2013 ARTBA Media Kit Available


July-August 2012

Special Report: ARTBA Analysis MAP-21


July-August 2012


ARTBA & Southern California Chapter Celebrate Partnership Milestone



2013 MEDIA KIT “Transportation Builder” magazine Leadership Directory & Buyers’ Guide Web & Digital Advertising Opportunities

Newsline Washington

AUGUST 6, 2012

ARTBA Continues Push for Transportation in Party Platforms Both the House and Senate adjourned last week for a recess that will carry through both parties’ political conventions (August 27-30 in Tampa, Fla., for the GOP and September 3-6 in Charlotte, N.C., for Democrats) and last until September 10. As such, both parties are developing their political message for the last few months of campaigning before November and are

David Goodyear, P.E., S.E., senior vice president and chief bridge engineer for long-time ARTBA member T.Y. Lin International, was recently elected to the National Academy of Engineering (NAE). Election to NAE is among the highest and most exclusive professional distinctions awarded to engineers. Goodyear, who is one of only 69 new American members elected from a highly-competitive field of over 500 nominations, was cited “for leadership in concrete segmental, cable-stayed, and hybrid bridge design and construction.” Throughout his distinguished career of 36 years, Goodyear has been a pioneer in the design of record-setting bridges, including the award-winning Hoover Dam Bypass/Mike O’Callaghan-Pat Tillman Memorial Bridge—the highest and longest concrete arch in the Western Hemisphere and the second-highest bridge of any kind in the U.S.

Room Discount for ARTBA National Convention Ends This Week

Continued on page 3

Senate Introduces Bipartisan Coal Ash Legislation A bipartisan group of 12 Republican and 12 Democratic senators introduced August 2 the “Coal Ash Recycling and Oversight Act” to prevent the U.S. Environmental Protection Agency (EPA) from regulating coal ash—used extensively in transportation construction projects—as a “hazardous substance.” The legislation, introduced by Senators John Hoeven (R-N.D.), Kent Conrad (D-N.D.) and Max Baucus (D-Mont.) builds upon a Continued on page 2 Follow ARTBA:

The deadline for receiving the discounted $192 hotel room rate at the 2012 ARTBA National Convention in Memphis, Tenn. ends Aug. 10. The Peabody Memphis Hotel is a magnificent Forbes FourStar, AAA Four-Diamond, historic property, which has been described as “legendary, charming, elegant and grand.” In addition to top-notch speakers and networking opportunities, this year’s convention features a spectacular program of

events for spouses of ARTBA members. Spouses will have the opportunity to tour “Blues City,” learn about its past, and visit important cultural landmarks, such as the Memphis Brooks Museum of Art, Memphis Rock ‘n’ Soul Museum, and Sun Studio and Stax Museum, where legends such as Elvis Presley, B.B. King and Tom Petty made music history. The program also includes a historical tour along the Mississippi River aboard the newly-refurbished Island Queen.

Attendees and their spouses will also have the opportunity to visit Graceland, the home of Elvis. The full program is available at www. Contact ARTBA’s Ed Tarrant for information, or call the Peabody Memphis Hotel at 901.529.4000 to book your room. Reservations made after August 10 will be on a spaceavailable basis.

August 10 Deadline: Contractor Safety & Roadway Work Zone Safety Awards ARTBA Washington Newsline

2013 Media Kit


View the 2013 ARTBA Media Kit online for the full range of advertising and other opportunities in our “Transportation Builder” magazine, “Leadership Directory & Buyers’ Guide,” and the “Washington Newsline.” For more information on advertising, contact Peter Embrey at 202.289.4434.

The year 2013 marks the 10th anniversary of ARTBA’s affiliation with the Southern California Contractors Association (SCCA). ARTBA’s Rich Juliano commemorated the milestone February 13, speaking at SCCA’s monthly membership dinner and presenting a commemorative plaque to SCCA President Mike Murphy of Brutoco Engineering & Construction. SCCA’s new Executive Vice President Dave Jenkins, long-time ARTBA Board member Paul Von Berg, and 100 other Mike Murphy (left), Brutoco SCCA members were also on-hand to hear Rich’s update Engineering & Construction, on current challenges relating to federal funding and president of SCCA, and Rich Juliano, regulatory issues, like the proposed changes to the ARTBA’s senior vice president of Disadvantaged Business Enterprise (DBE) program. strategic initiatives.

ARTBA Washington Newsline



Overheard “America’s energy sector is just one part of an aging infrastructure badly in need of repair. Ask any CEO where they’d rather locate and hire, a country with deteriorating roads and bridges or one with high-speed rail and Internet, high-tech schools, self-healing power grids... So, tonight, I propose a “Fix-ItFirst” program to put people to work as soon as possible on our most urgent repairs, like the nearly 70,000 structurally deficient bridges across the country. And to make sure taxpayers don’t shoulder the whole burden, I’m also proposing a Partnership to Rebuild America that attracts private capital to upgrade what our businesses need most: modern ports to move our goods; modern pipelines to withstand a storm; modern schools worthy of our children.” President Obama during his Feb. 12 State of the Union address. “The President’s call for increased investment in roads, bridges and transit systems has been echoed repeatedly by scores of congressional leaders from both parties, the nation’s governors, and state and local transportation officials. Everyone is in agreement. So let’s use the opportunity at hand to start developing real solutions to address America’s infrastructure deficit. ” ARTBA President Pete Ruane in a statement following the State of the Union address. Continued on page 5 4

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Industry News OSHA Webinar Continued from page 1

Two leading OSHA officials— Director of Construction Services Dean McKenzie and Regulatory Analyst Blake Skogland—will provide background about conducting inspections on and near highway and roadway work zones, including hazards to look for, such as proper use of temporary traffic control, flagging, noise, dust, illumination, personal protective equipment, scaffolds and fall protection. They will also address the directive’s provisions that compliance officers use OSHA’s General Duty Clause—5(a)(1)— to cite for industry recognized hazards for which there are no specific OSHA standards, including setting and retrieving cones and drums, workers crossing open traffic lanes, and wearing of high-visibility apparel. Registration is $125 for ARTBA members and $175 for non-members. These 60 minutes are “a must” for anyone with oversight responsibilities in the roadway construction industry!

Legislative & Regulatory News Feds Belong in Infrastructure Business Continued from page 1

needs to continue playing a significant role in the nation’s transportation network. In a departure from the last Congress, not one member of the committee in attendance spoke up in favor of decreasing the federal role.

The panel of witnesses also agreed “all options should be on the table,” including an increase in the motor fuels tax, to generate additional revenues for the Highway Trust Fund. Chairman Shuster said the committee will begin working on a MAP-21 reauthorization this fall after they address a new Water Resources Development Act and passenger rail legislation.

DOT Announces National Freight Advisory Committee U.S. Transportation Secretary Ray LaHood announced February 14 the establishment of a National Freight Advisory Committee to assist the U.S. Department of Transportation (DOT) in implementing the freight policy provisions in MAP-21. The new law directs the secretary to develop a National Freight Strategic Plan and identify a National Freight Network of highways that are most important to the movement of goods. ARTBA staff met with DOT policy officials in November 2012 to, among other things, urge them to solicit the views of the U.S. transportation construction industry as they

work to improve the nation’s freight infrastructure network. ARTBA will also be submitting recommendations, developed by the associations “Trans2020 Freight Policy Work Group,” to the U.S. DOT on the implementation of MAP-21’s freight policies.

ARTBA, Industry Allies Urge Halt to Wetlands Guidance ARTBA, as part of the Waters Advocacy Coalition, urged the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) February 12 to refrain from enacting guidance which could extend federal wetlands jurisdiction to cover roadside ditches. The coalition also emphasized the dramatic expansion of federal authority contained in previous draft proposals requires a formal rulemaking process to allow for more public input. Expanding federal jurisdiction to roadside ditches could lead to substantial increases for project permitting and delivery timelines adding significant costs to transportation improvements. EPA and the Corps have not set a timeline for release of the guidance. Read the coalition letter.

Multimodal News

Fostering Innovation

A service of ARTBA’s multimodal councils, it features current transportation developments making news across all modes and regions. Contact Sara Jones to become a subscriber or visit

TRB Newsletter: Feb. 13

Highlighting new research, technologies, industry best practices and information resources available to the transportation design and construction industry.

EPA Revises Portland Cement Standards The U.S. EPA, in accordance with an ARTBA-supported federal court settlement, February 12 extended by two years the deadline to revise production standards for Portland cement. ARTBA stressed in prior comments that the agency and industry needed more time to develop a high quality standard that both reduces emissions of hazardous air pollutants and still allows Portland cement production to keep pace with the nation’s infrastructure needs. Portland cement is a key component of many transportation infrastructure improvement projects. Read the full comments.

New Report Looks at Lagging Infastructure The U.S. Government Accountability Office (GAO) has once again listed the federal surface transportation programs on its “high risk” list. GAO notes the nation’s surface transportation network is “under strain” from hundreds of billions of dollars of unmet upgrades and basic maintenance needs. GAO also noted “[s]pending for surface transportation programs has not commensurately improved system performance because many programs do not effectively address key challenges, federal goals and roles are unclear, programs lack links to performance, and some programs do not use the best tools and approaches to ensure effective investment decisions.” Specifically, GAO notes “federal motor fuel tax rates have not increased since 1993, and because of inflation, the 18.4 cent per gallon tax on gasoline

enacted in 1993 is worth about 11.5 cents today.” Additionally, the report states, “new revenues from users can only come from taxes and fees.” U.S. DOT is currently implementing performance and accountability measures included in the 2012 surface transportation law, MAP-21, to better track the impact of federal investments.

GAO: Keep Airport Fee Tied to Ticket Purchases The U.S. GAO released a report last week finding the current method of collecting federal airport Passenger Facility Charges (PFC) at the time of ticket purchases is the most effective means of administering the program. GAO examined three alternatives: collecting PFC at the airport using a kiosk or payment counter; internet or online payment through an airport or third-party website; and using emerging technologies to pay the PFC using a smartphone or other device. GAO concludes that each faces considerable implementation challenges, would diminish the passenger experience, and remove transparency from the process. “None of the three alternative methods that we identified are currently better than the existing collection method.” The report is particularly timely as transportation officials across all modes seek out new, alternative ways to generate revenue for infrastructure improvements.

“ ” Overheard Plus

Last week’s State of the Union Address had a lot of people talking in Washington. Here is what some of them had to say: “It’s easy to go out there and be Santa Claus and talk about all these things you want to give away, but at some point, somebody’s got to pay the bill.” House Speaker John Boehner (R-Ohio)

We should also heed the President’s call to invest in a job-creating infrastructure plan...” Senate EPW Chair Barbara Boxer (D- Calif.) “Manufacturers want to invest in a country that has roads that are built, they want the infrastructure to be right for the transportation system, but to say one of the reasons they’re going to invest in America and manufacturing plants is because of high-speed rail is crazy.” T&I Chairman Bill Shuster (R-Pa.) “The President correctly is making jobs a national priority, and, when it comes to transportation and infrastructure investments to grow the economy and build for the future, I am with him.” Ranking T&I Member Nick Rahall (D-W.Va.) “President Obama’s State of the Union address presented an expanded vision of smart government to create jobs and revive the economy. Yet he lowered his sights on the single policy that would both jumpstart the economy in the short term and create the conditions for long-term growth: infrastructure spending. Columnist Fareed Zakaria “It certainly is encouraging to hear him talk about building things across the nation. The real question is at what cost and where does the money come from? With high-speed rail, again, other countries are doing it. But they’re doing it at a far less cost than we are and they’re doing it in a far greater speeds with greater ridership numbers. So there are definitely places that are working across the country - the Northeast Corridor - but we need to make sure California pencils out.” House Railroads Subcommittee Chairman Jeff Denham (R-Calif.) “Let’s hope there’s a new emphasis on delivery here. We’ll see who the new secretary is. Fifty billion dollars is about one-tenth of what we need for a new emphasis on rebuilding our 20th century infrastructure and building out a world-class 21st century infrastructure. Rep. Peter DeFazio (D-Ore.)

Download a PDF copy of the digital “Washington Newsline.” ARTBA Washington Newsline


Online Learning: Construction Law & Regulatory Compliance Webinars Now Available Risk Management, Environmental Compliance, Labor Law and P3s The historic policy reforms, program consolidation and environmental improvements in the new highway and transit law—MAP-21—will result in a myriad of legal and regulatory challenges relating to the delivery of transportation improvements. ARTBA is now offering four online learning courses—taught by top legal experts at our 2012 Transportation Construction Law and Regulatory Forum—which provide industry professionals with the tools needed to successfully navigate this new landscape, as well as other law and regulatory developments. 1. Risk Management and Alternative Project Delivery: $75 (1 hour) Provides tips for handling project delay claims and claims resolution strategies. Christopher J. Brasco, partner, Watt, Tieder, Hoffar & Fitzgerald, LLP Chris Anzidei, Law Offices of Christopher Anzidei, PLL and adjunct professor at Georgetown Law School 2. Environmental Panel & Compliance Issues: $75 (45 minutes) Covers major changes to the project delivery process brought about by the passage of MAP-21. It also addresses the major wetlands, Clean Air Act and National Environmental Policy Act issues . William Penny, member, Stites Harbison James M. Auslander, associate, Beveridge & Diamond James T. Esselman, special counsel, Federal Highway Administration 3. Labor Law Issues and Project Labor Agreements: $49 (30 minutes) Discusses Project Labor Agreements (PLA) on highway and bridge projects and the political atmosphere surrounding their use. Tuck Hopkins, partner, Barnes & Thornburg 4. Public-Private Partnerships: MAP-21 Updates and Case Studies: $49 (30 minutes) Focuses on MAP-21 related P3 programs including TIFIA, tolling, and explores ways to improve the P3 procurement process. Neal Sweeney, partner, Kilpatrick Townsend Peter Denton, associate, Nossaman Purchase individually, or buy the package of four for $200. For more information, contact Allison Klein or Brie Johnson at 202.289.4434.


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Join the Next Generation of Industry Leaders...

The ARTBA Foundation Young Executive Development Program NOW Accepting Applications for 2013 June 3 - 6 in Washington, D.C. • More than 430 young executives from nearly 200 companies, public agencies and state contractor organizations in 40 states and Washington, D.C., have completed the program, including 2013 ARTBA Chairman Steve Wright of Wright Brothers Construction. • Participants gain a greater understanding about how they can play a leadership role in helping grow the transportation construction market in the future. • Application deadline is March 15. Download the application, or contact ARTBA’s Sara Jones.

“The [YEDP] experience left an indelible mark on me. I came away with a new awareness of the critical role that we, both as individuals and as an association, have to play in shaping the decisions that affect our livelihoods. Fourteen years later, I am humbled to be the first YEDP graduate elected as ARTBA chair, and to serve this wonderful organization that has taught me so much.” - Steve Wright, 2013 ARTBA Chairman and president of Wright Brothers Construction Co.

ARTBA Washington Newsline



ARTBA Digital Washington Newsline for February 18