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[HRC Daily File] Monday October 31 [1993] [Monday November 1, 1993]
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[HRC Daily File] Monday October 31 [1993] [Monday November 1, 1993]
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Records of the First Lady's Office (Clinton Administration)
Elizabeth "Liz" Bowyer's Files
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Mondey, Oct. 31st
PHOTOCOPY
PRESERVATION
RYAN Thiele
610 Rile
Bushnell,= Il
61422
spring - Pictuks
of
what does Koop
Grace Garcia
expect of this event
as opposed to what
-do just a memo to
HRC on food's theatme
AAP wants + how
we connect the two
w/o upset the two
I
DS AAP- policy (mission)
statements principal
Contact
previous
" support
we
WH
mystery writer
" opposition
A
Crumby
- Spec Concerns
any Sensiture 3shes.
THE WHITE HOUSE
WASHINGTON
Amanda
Allen called
7:35 7:35pm pm
10/27 27
PHOTOCOPY
PRESERVATION
Clinton Presidential Records
Digital Records Marker
This is not a presidential record. This is used as an administrative
marker by the William J. Clinton Presidential Library Staff.
This marker identifies the place of a publication.
Publications have not been scanned in their entirety for the purpose
of digitization. To see the full publication please search online or
visit the Clinton Presidential Library's Research Room.
American Trucking
Associations
AP
American Trucking Associations
2200 Mill Road
Alexandria, Va 22314-4677
Office of Public Affairs
703-838-1873
© Copyright 1992. American Trucking Associations, Inc
3/92
Clinton Presidential Records
Digital Records Marker
This is not a presidential record. This is used as an administrative
marker by the William J. Clinton Presidential Library Staff.
This marker identifies the place of a publication.
Publications have not been scanned in their entirety for the purpose
of digitization. To see the full publication please search online or
visit the Clinton Presidential Library's Research Room.
FOUNDATION АТАЦЕ
1
VSA
H/H N1
TRUCKING
TRUCKING ISSUES
October 1, 1993
COLUMNS
FEDERAL & STATE LEGISLATIVE AND REGULATORY ISSUES OF CONCERN
Environmental Issues from page 3
proach to the enforcement of environmental violations and
crimes. ATA testified at the public hearing in August. urging
on new gasoline-powered vehicles. Although the categories
EPA to "replace incarceration with consultation." and to gen-
TRUCKING Issues
of trucks to be included remain unclear. light-duty trucks
erally take a more consultative approach toward the many
(up to 8.500 lbs. GVWR) are the initial focus.
small businesses trying to comply but caught in the complex
In reissuing this 1987 proposal. EPA is also considering ex-
web of state and federal regulations. ATA also urged EPA to
Volume
3
Number 10
October 1, 1993
avoid selectively targeting high-profile national companies.
AMERICAN TRUCKING ASSOCIATIONS
2200 MILL ROAD
ALEXANDRIA, VIRGINIA 22314
panding it to establish refueling emissions standards for diesel-
and alternative-fueled vehicles. ATA filed comments against
when in fact these companies usually have more environ-
that effort. citing an inappropriate forum. a lack of back-
mental programs than other companies.
EPA Grants Trucking 60-Day
For more information. or for a free
ground information. and an incomplete engineering analysis
Of three proposed options-a geographic. media. or sector
low-sulfur fuel fact sheet. contact
as reasons not to consider expanding the mandate to other
"Enforcement Discretion"
Please Route to:
approach-EPA is leaning toward a modified media approach.
Allen Schaeffer. ATA Environ-
fuels. Safety concerns with the vapor recovery systems have
which will base enforcement on violations that occur in a
on Low-Sulfur Diesel Fuel
mental Affairs. at (703) 838-1844.
not been fully evaluated for trucks in light of the secondary
particular medium. such as air, water. or land. The sector
manufacturing that customizes a manufacturer-supplied cab
approach. which would have organized enforcement by in-
The Environmental Protection Agency (EPA) said last month
and chassis into a fleet vehicle. This often includes the addi-
dustry sector. has been tabled because of implementation
TranSat Network
that it likely will not cite trucking companies for violating
tion of more fuel capacity. which could be a problem if va-
and fairness issues. Results will be announced later this year.
low-sulfur diesel fuel requirements for up to 60 days after
on the Air Oct. 5
por recovery systems were required. ATA also questioned
the requirements take effect Oct. 1-as long as the company
whether the increased safety risk from on-board refueling
No Word on Storm Water General Permit
can prove that it made a good faith effort to buy low-sulfur
TranSat. the satellite communica-
controls had been adequately evaluated in the ranges of me-
fuel before the deadline.
tion network of ATA. takes to the
dium- and heavy-duty trucks.
At press time. EPA's long-overdue storm water general per-
airwaves Oct. 5 at 2 p.m. Eastern
ATA has lobbied strongly against the adoption of the refuel-
mit for trucking and transportation facilities had not been
Responding to ATA's concerns about the scarcity of low-sulfur
time for its inaugural broadcast with
ing emissions hardware on trucks over 8.500 lbs. since the
released for publication in the Federal Register. Trucking
diesel fuel as late as mid-September. EPA's field enforcement
the premiere of "The Washington Review." The show fea-
proposal's inception in 1987. As a result of a lawsuit with
companies in the 12 states covered by EPA's vet-to-be-
director said in a Sept. 15 letter to ATA that the agency "may
tures ATA President and CEO Thomas J. Donohue and top
the Natural Resources Defense Council and a subsequent con-
proposed regulations will be unable to meet the Oct. 1 dead-
exercise enforcement discretion" between Oct. 1 and Dec. 1.
national political leaders in a live discussion. and answers
sent decree. EPA is required to issue a rule by January 1994.
line for completing the requirements of the permit. which
to viewers' call-in questions.
will likely include some annual monitoring and preparation
Fleets with existing stores of high-sulfur diesel fuel that were
and implementation of a pollution prevention plan. ATA
unable to purchase low-sulfur fuel before the deadline should
Jointly sponsored by Associates Commercial Corporation and
EPA Reorganizes Enforcement Group
will have reprints of the final rule available as soon as it is
maintain complete records of fuel purchasing activities since
ATA. TranSat will initially broadcast to 40 state trucking
Under the direction of Administrator Carol Browner. EPA's
issued. For more information. contact Lisa Beal at (703) 838-
June 1. including tele-
association headquarters and will expand over the next year
enforcement officials are reorganizing their office and ap-
7937.
At A Glance
phone logs. notices
to include all 51 state-level associations and about 200 motor
and correspondence
carriers.
Make plans now to attend the 60th
with fuel suppliers.
STATE HOT SPOTS
annual ATA Management Conference
ATA plans to offer four to six hours of TranSat programming
as well as evidence
& Exhibition, Oct. 31-Nov. 3 at Mar-
in October. increasing to six to eight hours a month in 1994.
of the fleet's normal
by Paul T. Stalknecht, Senior Vice
ing to one published report.
riott's Orlando World Center Resort
TranSat programming will include nationwide conferences
President, Federation Relations
and Convention Center in Orlando,
fuel-purchasing prac-
linking ATA with members and state associations in order
Normally. a jurisdiction would have 18 months before the
tices.
Fla. Get ready for hard-hitting indus-
to form political strategy: practical. how-to training seminars
EPA's Ultimatum Puts Illinois
agency would impose sanctions. But EPA pointedly told Illi-
try seminars. more than 100 exhibitors
Such detailed infor-
on management and technical subjects: and teleconferencing.
on the Spot
nois that the agency has the power under the Clean Air Act
of the latest in trucking industry prod-
mation will be essen-
which will allow prominent speakers to address distant truck-
to impose immediate sanctions. Chicago officials say they
ucts and services, and top-name speak-
tial if a fleet is sub-
ing industry conferences.
Illinois has been told in no uncertain
are confident something can be worked out and plan to meet
ers including Chairman of the Joint
terms by the Environmental Protection
with federal environmental representatives soon. In the mean-
ject to an EPA en-
For more information on receiving TranSat. contact Jane
Chiefs of Staff Gen. Colin L. Powell.
forcement action.
Ziemski. ATA Office of Public Affairs. at (703) 838-1873.
Agency (EPA) that failure to pass tougher
time. the Illinois Transportation Association is closely moni-
For information. call ATA Conven-
clean air rules for the Chicago area could result in the loss
toring this issue.
tion Services at (703) 838-1755.
which is most likely
to occur at a fleet fu-
of $700 million in highway funds.
Farther east. 13 Northeastern state trucking associations have
Charles Brown of the 1993 Amer-
eling facility. since
ATA Asks ICC to Help Carriers
The action is just the tip of the iceberg as major metropolitan
gone on record in opposition to the adoption of California
ica's Road Team drove away with the
EPA lacks the police
Deal With Fuel Cost Increases
areas try to meet stringent standards set out in the federal
low-emission vehicle (LEV) standards throughout the region.
Grand Championship title at the Na-
power to stop trucks
Clean Air Act. The issue has already surfaced in Indiana.
These state associations told the Ozone Transport Commis-
tional Truck Driving Championships
on the highway to
With the trucking industry facing steep fuel cost increases
some western states. and the Washington. D.C., area.
sion's LEV committee that the proposed standards would
held Aug. 25-28 in Denver. Brown.
check fuel tanks. Vio-
starting Oct. 1. ATA last month petitioned the Interstate Com-
result in higher costs for fuel and vehicles. with only a mini-
who drives a five-axle tractor trailer
In Chicago. the issue is a state law that aims to increase
lators are subject to
merce Commission (ICC) to provide motor carriers with re-
mal impact on air quality. Also. the states said. truck emis-
for PepsiCo Food Systems of Lenaxa.
average vehicle ridership by 25%. EPA. however. thinks the
fines of up to
lief from the higher fuel costs by allowing them to pass the
sions represent a very small contribution to the pollution
Kan., won a $10,000 U.S. Savings
law won't reach that goal and savs the Illinois Legislature
$25.000 per day per
costs along to shippers.
equation.
Bond from Associates Commercial Cor-
will have to address the issue this fall or face highway fund
violation. plus any
poration. For more information, call
For more information. contact ATA Federation Relations at
economic benefit
Fuel cost increases include a 4.3-cent-per-gallon transporta-
sanctions. In effect. EPA wants employers to have no more
the ATA Safety Management Coun-
tion fuel tax increase. a number of state fuel tax increases.
than 59 cars in their parking lots per 100 employees. accord-
(703) 838-1803.
cil at (703) 838-1919.
gained from the vio-
lation.
(continued on page 2)
4
1
TRUCKING ISSUES
October 1. 1993
HOT ISSUES
COLUM
TRUCKING ISSUES
October 1. 1993
Fuel Cost Increases
from
page
1
would they be able to invest in Mexican trucking companies
ECONOMIC AND TAX REPORT
engaged exclusively in international trucking. Meanwhile.
and a hike of up to 7 cents per gallon for low-sulfur diesel
by Kenneth D. Simonson, Vice
file an amended return to deduct 25% of the cost. The 25%
without NAFTA, Mexican citizens can invest in U.S. domes-
fuel mandated by the Clean Air Act.
President and Chief Economist
deduction was restored retroactively but will expire again at
tic and international trucking companies. and three years
the end of 1993. Other retroactive changes that may benefit
ATA sought a number of relief options from the ICC. includ-
after NAFTA is ratified they would be permitted to own U.S.
What You Need to Know About Tax
some carriers include amortization of intangibles acquired
ing a mandated fuel surcharge requiring all common and
international trucking companies outright.
Bills-Past, Present and Future
after July 25. 1991, and targeted jobs and research tax credits
contract motor carriers to raise rates. which would be the
In addition. NAFTA would allow Mexico to continue to re-
for expenditures incurred or paid after June 30. 1992.
most favorable solution for the entire trucking industry.
Tax Bills Past: Carriers and others must
strict U.S. used equipment imports. meaning U.S. carriers
would have to purchase new equipment or use Mexican equip-
take some steps today and in the near
Tax Bills Present: The House Wavs and Means Select Reve-
To aid contract carriers. ATA asked for an emergency rule
reopening all transportation contracts between motor carriers
ment in order to operate in Mexico. ATA is also concerned
future as a result of the Omnibus Budget
nue Measures Subcommittee held three days of hearings in
and shippers so carriers can address their higher costs.
that NAFTA's land transport standards subcommittee. which
Reconciliation Act of 1993. On Oct. 1. federal fuel taxes go
September on a variety of tax proposals. Most are revenue
up by 4.3 cents per gallon. Anyone holding in storage tanks
raisers intended to pay for "members bills." which are tar-
is charged with harmonizing U.S., Canadian and Mexican
ATA also asked the ICC to give common carriers special
size and weight standards. would exclude the U.S. trucking
(other than vehicle tanks) 2.000 gallons or more of diesel
geted tax breaks. The full committee may mark up a bill in
authority to raise rates or to issue a statement explaining the
early October. ATA submitted written testimony on several
industry.
fuel or 4.000 gallons or more of gasoline companywide must
"zone of rate freedom." which allows common carriers to
issues and gave congressional. IRS and Treasury officials a
pay a "floor stocks" tax of 4.3 cents per gallon on that fuel.
increase rates as much as 50% without being subject to ICC
ATA is also asking that the Mexican government give writ-
long white paper on why environmental cleanup costs should
The tax is due Nov. 30. ATA urged Internal Revenue Service
review.
ten assurances that 53-foot trailers will be allowed on desig-
be expensed (immediately deducted) rather than spread out.
nated highways. and that U.S. trucks running on clean diesel
officials to exempt "dead storage" from the tax. but no an-
fuel will not be precluded from operating in Mexico.
swer had been received at press time.
Tax Bills Future: The Clinton administration recently released
For more information. contact Ken Siegel, ATA Law Depart-
voluminous documents on health care reform and "reinvent-
ment. at (703) 838-1857.
Although ATA supports the concept of a North American
Employers who included tuition reimbursement in employ-
ing government." The former would directly change taxes
free trade agreement. these and other concerns must be satis-
ees taxable income in the second half of 1992 must issue
and indirectly change the economics of using employees or
Unfair Investment Rights Provisions
factorily addressed before the U.S. trucking industry can sup-
corrected W-2s and take several other actions now that the
independent contractors. The latter proposes much more mod-
port the current NAFTA.
payments have retroactively been excluded again. ATA rec-
est changes in tax laws and administration. ATA will offer
Jeopardize Trucking Industry's
ommended a simplified approach for dealing with this change.
summaries and analyses of how these packages would affect
For more information. contact Linda Bauer Darr. ATA Office
Support for NAFTA
but it appeared at press time that this suggestion would not
trucking.
of International Affairs. at (703) 838-7902.
be adopted.
For more information. call Ken Simonson at (703) 838-1798.
ATA President and CEO Thomas J. Donohue last month stated
-TRUCKING Issues
Self-employed individuals. including many owner-operators.
Also available: an internal IRS document suggesting to reve-
that the nation's trucking industry may be forced to vigor-
who bought health insurance in the second half of 1992 can
nue agents items to examine in auditing trucking businesses.
ously oppose the North American Free Trade Agreement
Volume
3
Number 10
October 1. 1993
(NAFTA) unless changes are made that will make it easier
Mike Mason, Editor
ENVIRONMENTAL ISSUES
for U.S. citizens to invest in Mexican trucking companies.
ATA Trucking Issues is published monthly for members of the
American Trucking Associations. 2200 Mill Road. Alexandria.
by Allen Schaeffer,
Shapiro advised OTC not to make a recommendation and
Inequitable investment provisions are ATA's chief concern.
Under NAFTA. U.S. citizens would never be able to invest
Virginia 22314. telephone (703) 838-7935. Articles may be re-
Director of Environmental Affairs
said he favored allowing states to determine their OW n indi-
printed with written permission.
vidual approaches to air quality improvement. ATA testified
in a Mexican trucking company. and only after three years
California Emissions Standards
Sept. 1 in Washington. D.C.. in opposition to the proposal.
Could Come East by 1996
citing the very small contribution of heavy-duty vehicles to
UPDATE
on the highway. such as drunk driving, broken-down ve-
hicles and thefts.
Twelve Northeastern states. all members
ozone-forming emissions. OTC and member states have heard
conflicting and ambiguous statements about whether to in-
of the Ozone Transport Commission
An immediate result of the meeting was a commitment
clude heavy-duty trucks in the program.
(OTC). are seeking to require that all ve-
DeliverUSA
from the Washington D.C. Area Trucking Association to
hicles sold beginning in 1996 meet the California low-
ATA testified that heavy-duty trucks over 8.500 lbs. GVWR
initiate Road Watch on the Capital Beltway by Oct. 13.
emission vehicle (LEV) standards. OTC. a nonregulatory body
emit less than 1% of all primary ozone precursors and should
Deliver USA also received commitments from the Geor-
established under the Clean Air Act Amendments to advise
be exempt from the program. Others in the trucking industry
gia Motor Trucking Association and the Virginia Truck-
the Environmental Protection Agency (EPA) on regional air
testifying in opposition included Marty Carson of the New
by Patrick Jones, Executive Director, Deliver USA
ing Association to begin efforts to implement Road Watch
quality issues. recently held a series of hearings on the LEV
York State Trucking Association and Dale Hannington of the
in their states. Pennsylvania and Massachusetts currently
issue that began Aug. 31.
Maine Motor Transport Association. In all. 13 state trucking
operate Road Watch programs.
On Aug. 26, Deliver USA held a meeting at ATA head-
associations and ATA filed comments or delivered oral testi-
Three OTC states-Maine. Massachusetts and Maryland-
quarters with representatives from several state trucking
Deliver USA's initial expansion effort focuses on imple-
recently petitioned EPA to require that all new vehicles sold
mony opposing the proposal. A decision is expected by the
associations. state police organizations and motor carri-
menting Road Watch in the East Coast states. We'll soon
end of the year.
in their states meet California LEV standards starting in 1996.
ers to plan the expansion of "Road Watch." the trucking
be distributing a "How to Create 'Road Watch in Your
The remaining members-Connecticut Delaware. New Hamp-
industry's nationwide public service program.
State" manual that will clearly explain steps necessary
Truck Emissions Controls Possible
shire. New Jersev. New York. Pennsvlvania. Rhode Island.
to establish the program.
Based on Pennsylvania's "Pike Watch" program, Road
Vermont. Virginia and the District of Columbia-are split on
According to EPA sources. some trucks are likely to be in-
Watch is a cooperative effort between state police and
For more information about Road Watch and how your
the need to adopt the standards and are looking to OTC to
cluded in the upcoming January 1994 mandate requiring re-
the trucking industry in which truck drivers use CB Γa-
state or company can get involved. please call me or
break legal and legislative gridlock.
fueling emissions controls. known as on-board vapor recovery.
dios or mobile phones to inform state police of incidents
Kevin Ganster at (703) 838-7948.
EPA Acting Assistant Administrator for Air Quality Michael
(continued on next page)
2
3
ATA LITIGATION CENTER
OCTOBER 1993
Please Route to:
Continued from page 3
UPDATES
The ATA Litigation Center
Retroactivity. In a case involving whether the
federal Civil Rights Act of 1991 is retroactive, the U.S.
invites your chief lawyer to attend the
ACTION REPORT
Supreme Court heard oral argument on October 13,
1993. The Center had filed an amicus brief in support
Forum for
2200 Mill Road
Alexandria, VA 22314-4677
Tel. (703) 838-1865
Fax (703) 683-3226
of Roadway Express arguing that to avoid disrupting
Motor Carrier General Counsels on
settled business expectations, the courts should inter-
pret all federal legislation as nonretroactive unless
STATE TAXES
HIGHWAY ACCESS
Congress has expressly designated otherwise. A
HOW TO SET UP A
decision is expected by the end of June 1994. Rivers v.
CORPORATE COMPLIANCE
Kentucky Victory: Court Clears Way To
Litigation Center Fights Truck Ban On U.S. 191
Roadway, Nos. 92-757, 92-938.
PROGRAM
$15-20 Million In Eventual SHU Tax Refunds
Through Yellowstone National Park
Drug Testing. OOIDA filed a new case in the U.S.
District Court in Washington D.C., challenging the
In a victory for the ATA Litigation Center, the Ken-
The Center has intervened in support of federal offi-
January 9-11, 1993
tucky Circuit Court ruled on September 27, 1993 that
cials in their fight against a citizens group's suit to en-
constitutionality of FHWA's four-state pilot project
involving random roadside alcohol and drug testing.
Marriott's Harbor Beach Resort
Kentucky must make full post-Scheiner refunds of the
force a ban on commercial traffic on a longtime truck
The U.S. Court of Appeals had dismissed an earlier
Ft. Lauderdale, Florida
state's former $150-per-truck annual Supplemental
route through Yellowstone National Park.
OOIDA appeal on jurisdictional grounds. The Litiga-
Highway User's ("SHU") tax. The court rejected the
State's argument that SHU tax refunds should be
The 22-mile stretch of U.S. 191 runs just inside the
tion Center had filed a brief in the appellate court in
reduced by the amount the taxpayer would have owed
Park's northwestern boundary. It is therefore
support of the drug testing program, and will par-
ticipate in the new case as well. OOIDA V. Peña, No.
For registration information, please call
under Kentucky's old weight-distance tax.
governed by federal regulations barring commercial
Rachel Farley at (703) 838-1706
vehicles from national park areas. The prohibition
93-1427(CAR).
Under the court's ruling (likely to be appealed), all
technically applies to U.S. 191 even though the road is
Tax Refunds - Pennsylvania & Mississippi. On
SHU taxpayers who filed timely refund claims will be
on Montana's Federal-aid Primary System and has
October 8, 1993, Pennsylvania mailed the first round
entitled to a refund of 61% of the SHU taxes they paid
been used by commercial vehicles since its construc-
of Category II axle tax refunds. These refunds are for
REGISTRATION DEADLINE:
for the February 1, 1987 January 31, 1988 tax year.
tion many decades ago.
axle taxes paid for the period April 1, 1987 through
December 20, 1993
The 61% represents the portion of the SHU tax year
March 31, 1988. The deadline for returning the
remaining after the June 23, 1987 date of the U.S.
In 1987, the citizens group began a grass roots effort to
Record Taxpayer Statement Form was October 23,
Supreme Court's decision in ATA v. Scheiner declaring
have the National Park Service start enforcing the
1993. On September 20, 1993, the Litigation Center
flat annual truck taxes unconstitutional. This post-
federal ban. After several public hearings, the Park Ser-
and the State of Mississippi mailed refund checks and
Scheiner refund period is what the Supreme Court es-
vice decided to promulgate an exception that would
Record Taxpayer Statement forms for the $12-per-
The Action Report is provided as a service to all Litigation
truck decal fee and for $3 of the $13-per-truck stamp
Center members. If you are not a member but would like
tablished as the upper limit on flat-tax refunds in 1990.
allow trucks, other than those hauling hazardous
materials, to use the affected portion of U.S. 191. This
fee. These refunds are for decal fees paid from March
to support the Litigation Center's activities and receive the
Action Report regularly, please call Linda Lilly at
Because Kentucky law requires taxpayers to individual-
compromise appeared to satisfy the citizens group, and
1, 1991 through June 5, 1992 and for stamp fees paid
ly pursue their refunds, the Litigation Center, in 1988,
received the tacit support of the trucking industry as
from March 1, 1989 through February 1, 1991.
(703) 838-7929.
provided SHU taxpayers with refund-claim and appeal
well.
forms for filing with the appropriate state agencies. Be-
This past summer, because the Park Service still had
tween 1,500 and 1,800 carriers filed timely claims
not started a rulemaking, the citizens group filed suit
before the expiration of the filing period in 1990.
Together these motor carriers will be eligible for ap-
Continued on page 2
proximately $15-20 million in refunds (if the court's
decision is not modified on appeal).
HIGHLIGHTS
RECENT VICTORIES AND OTHER ACTIVITIES
Earlier this month, the State filed a motion to alter the
court's judgement so as to reduce the level of refunds
ordered. The Litigation Center will be pursuing a
Litigation Center Challenges Wisconsin
negotiated settlement based on the court's decision. At
Hazardous Materials Fee
2
8/27/83 Kentucky SHU Tax Kentucky Circuit Court rules that the State must make post-Scheiner
this point, however, a further appeal seems likely. In
refunds to carriers who filed timely claims as to their 1987 supplemental Highway Use tax pay-
the meantime, motor carrier claimants need take no ac-
Center To Support Carrier's Claim to Refund
ments (State is appealing).
tion on their own to obtain refunds.
of FICA Overpayment
6/18/93 Pilot Drug and Alcohol Testing Program U.S. Court of Appeals in Washington, D.C. dis-
Center to File Brief Supporting Continued
misses the Owner-Operator Independent Drivers Association's challenge to USDOT's 4-state pilot
In early 1988, the Litigation Center won a decision
Construction of Rhode Island Highway
3
from the Kentucky Supreme Court holding the SHU
program of random roadside drug and alcohol testing.
tax unconstitutional under ATA v. Scheiner. Because
UPDATES
3
5/25/93 MA Flat Highway Fees Massachusetts Supreme Judicial Court finds that the State's $14-
that flat tax was replaced with an apportioned, nondis-
per-truck decal fee and $200-per-truck hazardous waste hauler fee are unconstitutional.
criminatory tax, interstate motor carriers have saved an
average of $61.60 per truck annually ever since.
4/21/93 Railroad Grade Crossing Safety U.S. Supreme Court rules that railroads are responsible
for maintaining adequate warning devices at railroad/highway grade crossings.
ATA v. Kentucky, No. 86-CI-0464. For more informa-
tion, please call Dan Barney at (703) 838-1865.
4
Continued from page 1
If a motor carrier that transports hazardous materials
The outcome in this case is likely to affect 500-600 other
Under the Intermodal Surface Transportation Efficien-
in U.S. District Court in Billings, Montana, to compel
engages in activities that fall within all five categories,
carriers' rights to similar refunds. The period affected,
cy Act of 1991 ("ISTEA"), states are allowed to par-
enforcement of the federal ban. Earlier this month, the
the assessed annual fee is $2000; for four categories,
however, is limited to 1985-1989. The law was changed in
ticipate in the SSIRS -- and thus charge annual
Park Service finally published a Notice of Proposed
$1,600; and so forth. If other states were to follow
1989, and now specifies very clearly what is and is not allow-
per-truck fees -- only if (1) they had a "bingo" stamp
Rulemaking setting forth the compromise exception.
Wisconsin's lead, the cumulative fees assessed by these
able in this area. The Court is likely to issue its decision
registration system in place on January 1, 1991, and (2)
The agency also asked the court to stay the suit until
state registration programs would be up to $98,000 an-
sometime in 1994.
the stamps were of a specified size, displayed specified
the new rulemaking proceeding could be completed.
nually per carrier.
information, and were affixed to a cab card issued by
Boyd Brothers Transportation Company, Inc. V. United
Carriers are advised to pay the fees as charged, but carriers
the National Association of Regulatory Utility Commis-
On October 14, 1993, the ATA Litigation Center filed in-
States, Nos. 93-5176, 93-5177. For more information,
sioners ("NARUC").
tervention papers in support of the Park Service's posi-
should note on their payments, "This payment is being made
please call Bob Digges at (703) 838-1889.
tion. The Center acted on behalf of ATA and the
under protest because the SERB 4 fee violates the Commerce
Further, ISTEA mandated that in any state where the
Clause."
Montana, Idaho, and Wyoming trucking associations.
ENVIRONMENTAL AFFAIRS
program met the requirements, the new SSIRS fee
All these organizations were concerned about the im-
The Center brought the class action on behalf of ATA,
Center to File Brief Supporting Continued
could not exceed the up-to-$10-per-vehicle fee the state
pact an adverse decision could have on trucks' con-
Construction of Rhode Island Highway
charged on November 15, 1991. This mandate also ap-
the National Tank Truck Carriers, and representative
tinued ability to use the more than 100 other state and
carrier TNT Holland Motor Express, Inc. The decision
plied to reciprocal fees, which many states, including
federal highways that similarly traverse some portion
in this case is likely to have an impact on the action
In a first effort at helping states counter a new environ-
Texas, used. Under a reciprocal fee agreement, if a
of National Parks.
mentalist campaign to halt highway construction, the
given state charges vehicles based in Texas a fee of $2
other states and municipalities may take with regard to
hazardous materials transportation fees.
Litigation Center will file an amicus brief on November
per stamp, then Texas would charge vehicles based in
Canyon Citizens for a Safer Highway v. Babbitt, No. 93-
9, 1993, urging the U.S. Court of Appeals to allow con-
that state $2 per stamp.
066. For more information, please call Patricia Stroud
ATA v. Wisconsin, No. 93-CV-3708. For more informa-
tinued construction of Rhode Island's Jamestown Con-
at (703) 838-1860.
The ATA petition argues that both Kentucky and Texas
tion, please call Bob Digges at (703) 838-1889.
nector.
are in violation of the ISTEA requirements. ATA ex-
FEDERAL TAXES
Several environmental groups have sued Rhode Island
plained that Kentucky's identification system, imple-
and the Federal Highway Administration to halt con-
mented on January 15, 1991, used its own stamp card,
HAZARDOUS MATERIALS
Center To Support Carrier's Claim To Refund
struction of the four-lane, divided highway. They
which did not have the NARUC seal. The State also
Litigation Center Challenges Wisconsin Hazardous
Of FICA Overpayment
claim that federal, state, and local officials failed to
used its own stamp, which did not show the State seal,
Materials Fee
comply with emissions reduction requirements of the
ID number, or stamp number as required by ISTEA.
In late November, the Litigation Center will file an
Clean Air Act of 1990, known as "conformity" rules.
amicus brief in support of a claim by Boyd Brothers
Regarding Texas, ATA pointed out that the State had
The Litigation Center filed suit challenging
Transportation Company, Inc. for refunds of FICA
Wisconsin's new hazardous materials transporter
The environmental groups' challenges were rejected by
violated the provision regarding the amount of SSIRS
taxes incorrectly withheld from reimbursements of
a federal district court, and they filed an appeal on
fees to be paid. Texas previously assessed a reduced
registration fee on September 23, 1993. The fee is im-
driver travel expenses.
August 30, 1993. They claim that compliance with in-
fee or a reciprocal fee on vehicles from many other
posed on all hazardous materials transporters required
states. Texas is now wrongly attempting to require an
to register with the U.S. Department of Transportation
terim clean air guidelines issued by the U.S. Depart-
Boyd Brothers, like many carriers, reimbursed its
ment of Transportation ("USDOT") and the
across-the-board $10 fee to all foreign-based carriers.
under the federal hazardous materials transporter
employees for travel expenses via advances or as part
registration program.
Environmental Protection Agency ("EPA") was inade-
If the ICC rules in ATA's favor it will send a clear mes-
of the payment of regular driver wages, without desig-
quate.
nating those amounts specifically as reimbursements.
sage that (1) states that did not participate in the bingo
Under Wisconsin state law, transporters of hazardous
During 1985 and 1986, Boyd Brothers withheld FICA
card program will not be allowed to participate in the
If the environmental groups win, federal funding ap-
materials must register with the Wisconsin Depart-
tax from both the wages paid and the expenses reim-
SSIRS; and (2) states that participate in SSIRS must
proved under the interim guidelines could be disal-
ment of Transportation. As part of the registration, the
bursed. In 1987, Boyd Brothers became aware that the
comply with the provision regarding applicable fees.
lowed for numerous highway projects. In effect, this
Wisconsin State Emergency Response Board ("SERB")
reimbursement payments were exempt from FICA
could freeze highway funding in metropolitan areas
In June 1993, the Center intervened in defense of the
recently added a requirement that these transporters
withholding and claimed a credit for the overpayment.
around the country.
ICC and SSIRS in related litigation in the U.S. Court of
pay an annual per-carrier registration fee - the SERB 4
The IRS denied Boyd's refund request.
Appeals in Washington, D.C. In that litigation,
fee.
Meanwhile, USDOT and EPA are preparing to issue
NARUC challenged the final rules regarding the SSIRS,
The U.S. Court of Federal Claims ruled that FICA tax
final clean-air conformity rules. ATA filed comments
but did not ask the court to halt its implementation.
The SERB 4 fee is assessed at a flat rate of $400 per "ac-
should not have been withheld from any genuine reim-
during the rulemaking, and the Litigation Center will
tivity" conducted in Wisconsin. There are five
bursement payments. However, the Court held that
appeal the final rules in court if necessary.
Petition of the ATA for Declaratory Order, Docket No.
categories of "activity" in this new regulation and they
the claimed reimbursements should not be treated as
41086. For more information, please call Ken Siegel at
are identical to the hazardous materials hauling ac-
such unless, at the time of payment, they had been distin-
Conservation Law Foundation v. FHWA, No. 93-1976 (1st
(703) 838-1857.
tivities covered by the federal registration require-
guished from payments for wages.
Cir.). For more information, please call Lynda Mounts
ments. The five categories involve carriage of
at (703) 838-1857.
UPDATES
radioactive materials; explosives; materials which are
The Court found that the advances paid by Boyd
toxic by inhalation; hazardous materials in bulk pack-
Brothers satisfied this requirement and allowed Boyd
ICC REGULATION
Discriminatory User Fees. The U.S. Supreme Court
aging; and hazardous materials not in bulk packaging.
refunds of the FICA taxes paid on these advances.
has announced it will hear an Oregon case concern-
However, when travel expense reimbursements were
ATA Files Petition Asking ICC to Enforce Single
ing whether a state may, without violating the Com-
The Center's complaint alleges the SERB 4 fee is a flat,
included with regular wages (with no separate account-
State Insurance Registration Program
merce Clause, collect a user fee only from out-of-state
unapportioned charge that is discriminatory to inter-
ing on the check stub), the Court found no refund of
companies when the costs the fee is designed to
state carriers and therefore violates the Commerce
the FICA taxes was appropriate. The Center will argue
On August 27, 1993, ATA asked the ICC to rule Ken-
recoup are imposed by in-state and out-of-state com-
Clause principles set forth in ATA V. Scheiner. In addi-
that by this decision, the IRS transformed nontaxable
tucky ineligible to participate in the new Single State In-
panies alike. The Center had filed a brief urging the
tion, carriers already subject to an in-state facility-re-
expense payments into taxable wages, not only for
surance Registration System ("SSIRS"), the replacement
Court to strike down such fees. Oral argument will
FICA purposes, but also for unemployment taxes and
for the "bingo stamp" program. ATA also requested
lated hazardous materials fee are protected from the
be this winter, with a decision likely by the end of
income taxes.
that Texas's registration fees be limited in accordance
full impact of the fee by a credit against the SERB 4 fee.
June 1994. Oregon Waste Systems, Inc. v. Oregon, No.
with new statutory requirements.
93-70.
Continued on page 4
2
3
Clinton Presidential Records
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AMERICAN TRUCKING ASSOCIATIONS
1991 REPORT TO MEMBERS
We pay for our Nation's Highways.
TRUCKS
ALLOTHERS
We pay 41% of
all Road Taxes:
$21.6 billion.
Yet Trucks
account for
only 13% of all
IF YOU'VE
miles traveled.
State and Federal Highway Taxes
$52.6 billion
GOT IT
We provide more jobs in Transportation.
Trucking
7,800,000,Jobs
Airlines
506,000
e
Each symbol = 200,000 Jobs
For more information about the Trucking Industry contact the American Trucking Associations,
USA
2200 Mill Road, Alexandria, VA 22314-4677 703/838-7948
3/93
Photo: Information Software
C.
455-7803
A TRUCK BROUGHT IT.
Safety is Our Number One Priority.
We've increased Truck Inspections 1000%.
1.6 million
To
1984
Guitars Spices Desks
rs
Inspections
yons Pencils Tools Magazines
SL
g
Goo
Each symbol = 160,000 Inspections
is Cosmetics Soap Toothpaste ranes Hate
Blankets Shoes Socks Luggage Chairs Gu
ips Candles Medicine Cookies Ice Cream Can
1991
Sweaters Dresses Dishes Popcorn Shirts Ce/
RO
Milk Bread Pianos Computers VCR S Televi
ers Washers Dryers Refrigerators Automob
ettuce Tomatoes Apples Scissors Glue
Shampoo Linens Gasoline Blue Jeans
Pretzels Hamburgers Fish Cheese
We've strongly supported a law to create a
Light Bulbs CDs.
OF
Pill ws
singlenational truck drivers license_issued.by
So, while.trucking miles
Up
haverisen...
38%
thestates,withrigoroustesting-standards..
COLORADO
Weearm77% ofallFreightRevenues
$278 billion
the rate of
fatal accidents has
Down
and requirements for mandatory
dramatically fallen.
40%
drug and alcohol testing for
our drivers.
1981
1991
S32 billion
UCT
AMERICAN TRUCKING ASSOCIATIONS
2200 Miil Road
Alexandria. VA 22314-1677
Leslie Wheeler Hortum
(703) 838.1866
Senior Vice President
Fax (703) 684-5751
Chairman, Management Committee
October 19, 1993
RY FAX
Mr. Dan Wexler
Associate Director
Office of Public Liaison
The White House
Washington. D.C. 20500
Dear Dan:
Tom Donohue asked me to send you some additional information regarding the American
Trucking Associations' annual meeting in Orlando later this month. For your background I've
enclosed a copy of our original letter of invitation to the President, which we sent through David
Gergen.
This would he an excellent opportunity for the President to address almost 3,000 leaders
of one of this country's most vital and essential industries. Presidents and CEOs from the
nation's major trucking companies, such as UPS, Ryder, ABF, Federal Express, JB Hunt, and
Roadway and their suppliers, such as Mack Truck, Cummins Engine and Michelin Tire
Company will gather to discuss current business trends and opportunities and debate the issues
affecting their business. Paramount on their minds this year, as with all Americans, is health
care. Of course, it would also be an opportunity for the President to address other timely issues
of his choosing.
The trucking industry employs more than 7.8 million people. They and their families,
which our estimates suggest total close to 30 million people, will be affected by any change in
the health care system. It is understandable, then, why we chose to focus our opening general
session, on Monday morning, November 1 from 8:30 d.111. to 9:45 a.m., on the health care
debate. We would be honored to have the President, or Mrs. Clinton, present the
Administration's viewpoint at that time, in person or via satellite. Governor Howard Dean from
Vermont has already agreed to address the subject that morning; we have invited Governor
Thompson from Wisconsin to join us as well.
ATA EXEC
TEL: 703-684-3131
UCT
Mr. Dan Wexler
Page Two
It may also interest you to know that General Colin Powell will address our Board of
Directors on Wednesday morning, ABC correspondent Brit Hume will address our Tuesday
morning breakfast session, FHWA-head Rodney Slater will address our research foundation
meeting and we expect Transportation Secretary Pena at our Executive Committee meeting.
Dan, we very much appreciate your help in moving this forward. If you need any
additional information at all, please just give me a call.
Sincerely,
Ceoli
Enclosure
EREC
AMERICAN TRUCKING ASSOCIATIONS. INC.
2200 MILL ROAD
THOMAS) DONOHUE
ALEXANDRIA. VIRGINIA 22314-4677
PRESIDENT AND
(703) 038 1800
CHID EXECUTIVE OFFICER
July 16, 1993
The President
The White House
Washington, D.C. 20500
Dear Mr. President:
On behalf of the Board of Directors of the American Trucking Associations, it
is my pleasure to Invite you to address our annual Management Conference and
Exhibition, to be held at Marriott's Orlando World Center Resort and Convention
Center, October 31 - November 3, 1993.
The trucking Industry is literally the backbone of the American economy.
Employing more than 7.8 million people in this country, it generates more than $278
billion in annual revenues, which accounts for 78% of our nation's freight bill and
pays more than $19.6 billion in user taxes annually.
We would welcome you to speak at our Monday morning (November 1) General
Session or our Wednesday morning (November 3) Board of Directors meeting. Of
course, the more than 2,500 Industry leaders, from large and small businesses across
the country, who attend our conference would be honored to welcome you during any
of our sessions at a time convenient for your schedule.
As you know, ATA is the national trade association of the trucking industry,
representing every type and class of motor carrier in the country: for-hire and private;
regulated and exempt. We have 51 affiliated trucking associations located in every
state and the District of Columbia, thousands of individual motor carrier and supplier
members, and 10 affiliated conterences. Our mission is to create a safe and profitable
environment for our members. It would be an honor and pleasure to have you join us.
I look forward to hearing from you.
Sincerely,
Tom