Export Transportation ...” and Intergovernmental ...” Public Policy lary 1985 NOTE: The Cover photo is provided Courtesy of the Port of Long Beach. - This report is an analysis of key issues associated with intermodal port develop- ment. Part of its content includes policy and other recommendations based on this researcher's perception of the issues in- volved. Recognizing that there may be many alternative approaches to resolving trans- portation problems, these positions may not necessarily represent those of the U.S. GOVernment. As such, no endorsement of these COnclusions or recommendations is either expressed Or implied by the U.S. Department Of Transportation. DOT-|-86-13 - ºw Export Transportation Fitz and Intergovernmental Public Policy i i. #31 14 º ; . : A tº a Final Report February 1985 Prepared by Peter L. Shaw, Linda Brandt, Gerald LeOnard, John Matzer, Elbert Segelhorst, Elizabeth, Lefson, and Jon Tilley Institute for Transportation Policy and Planning Bureau of GOvernmental Research and Services Graduate Center for Public Policy and Administration California State University Long Beach, California 90840 Prepared for University Research Program Office of the Secretary of Transportation U.S. Department of Transportation Washington, D.C. 20590 Distributed in Cooperation with Technology Sharing Program Office of the Secretary of Transportation Q Tarrºr:tion Research issiºgi § Sº sº; tº #: , ; ; , ; sº: '. ºf s'. § 3 ; §§§§§§§ &#: ##### & @ :*, *.*.*** | EXECUTIVE SUMMARY AND CONCLUSION Traditionally a successful exporter, the nation now has a Complex trade problem. The l984 trade detlcit was $123.3 billion and may reach $150 billion in 1985. When related to gross national product the lmbalance Cost two percentage points in real growth and 2.5 million jobs in 1984. To help call attention to the Sltuation, the Presldent's l983 State of the Union Message addressed the lnterrelationship of lnternational trade, exports and jobs. His interest has stimulated public discussion of the dilemma. According to many observers, several possible reasons may account for the change in our trade balances: general productivity of the economy, basic Competi- tiveness ln world trade, need for "relindustrialization" and high value of the dollar. With lower value of the dollar, temporary trade imbalances should begin to self Correct. But Our transport system may also be adding to the difficulty of exporting. It may not be operating in the most economic, efficient and effective way for exports. The purpose of this study is to focus On the domestic transport Component of the export process. American transportation modal systems (highway, rail, pipeline and water) play an important individual and collective role ln the export transportation process. They, as industries, are in positions of both leadership and Support for export transportatlon. By leadership, they are attempting to take an active role in encouraging exports and presenting workable packages. The Support role has been always a function of their activities; mainly within the normal domestic transport operation without special attention necessarily upon the export process. A key leadership role here has been dis- played by the American port industry in laentifying opportunities, bringing foreign and domestic participants together, assembling packages, arranging flnancing, and implementing projects to make large scale export activities possible. For the most part this is a new and significant role for the port lndustry and is now being expanded by the larger domestic transport Companies. Aside from the lmmediate urgency of the growing trade imbalance and the lmpact of declining exports upon employment, there are long-term factors with potentlally large limplications. The United States is in an excellent position or will be by the year 2000 to provide much of what the world needs for basic life support, raw resources, Commodities, goods and services. The more likely Candi- dates include Coal and agricultural products such as grain cargo carried by container freight rather than break bulk will be increasing as well. There is concern that by the year 2000, as the demand tor our output increases, the trans- portation system may be at points of maximum operation and thus require signifl- cantly expanded or new facillties and services. Should this be the case, they may well encounter the intergovernmental public pollcy system. Whatever is necessary operationally to Change or bulld will in many locations come linto contact with the federal, state and local laws, rules, regulations and pollcies governing domestlc activities. This intergovernmental policy framework might offer Some impediments or bottlenecks, whlch Could become absolute stoppages or barriers to the export transport process in key ways. ii & Hº ; ;& Iºla | To consider these questions, this study reviewed long-term alſº lmplications of the intergovernmental pollcy tramework for export transportation. It examined the general export transportation process, American port facilities, role of ports and trade, intergovernmental pollcy framework, deregulation and Selected port experiences. Research methodology employed extensive literature Search of a vast body of information, Collection of material by mall and phone requests, and field interviews and Case Studies. The work was guided by an advisory committee composed of representatives from the U.S. Advisory Commission on Intergover- nmental Relations, Department of Transportation, American Association of Port Authorities, National Council of Physical Distribution Management, Ports of Long Beach and Los Angeles, Southern California Association of Governments, Los Angeles County Transportation Commission, Southern Pacific Railroad and Security Pacific Bank. Products included two interlm reports, a workshop on " Exports, Transportation and Private/Public Cooperation," and workshop proceedings. The existing American intergovernmental public pollcy System was developed on a piecemeal basis without real consideration of transportation, exports or ports. Such lncremental evolution resulted in a rich mosaic of structures, practices, traditions and experiences, often enunicated in the form of public pollcy laws, rules and regulations. In the same regard, governmental levels have different interests and purposes for their own public pollcy. Transportation - related intergovernmental policy of general concern and sometimes a specific difficulty include the environmental area (air, water, wildlife, dredging, dredg- ing waste, noise), highway vehlcle weight and size limitatlons, permits and llcensing, State utllity Commission permitting and licensing, Coastal zone Con- trols, local regional, County and City land use and zoning Controls, Safety and hazardous Cargo policies, tax policies for international business, motor Carrier and railroad deregulation, and questions of eminent domain as in new transport technology development and lmplementation (Slurry pipelines). For example, federal influence uses direct orders, cross cutting requirements, Crossover Sanctions, and partial preemptions. Some port facility projects worked with Over 70 federal, state, and local reviews and permits. Dredging may require 23 to 25 years from project conception to completion. These experiences are not unløue. The current economic resurgence should provide lincentive to plan ahead and decide Some key strategy issues. Although export transportation problems are not yet at the intensity experienced in l979-80, they may recur for Coal or grain transport. The American economy has undergone severe stress and is faced with increasing strong foreign competition. At the same time heavy industry is expe- riencing "reindustrialzation," causing uncertainty about what it will produce and export. The "smokestack" areas of the nation, the Northeast and Midwest, have lower export volume. To the extent these areas, no longer produce export Cargo, their supporting transportation and port infrastructure will be impacted. This ls Something to Consider for long-term strategy policy planning at the highest levels as the nation readjusts itself internally. All infrastructure locatlon and investments may be affected by these shifts. On the other hand, such stress external to the port industry provides new opportunities and some pitfalls regarding actual Cargo Carried, routing and the governmental regulation process. For the time being lower levels of activity compared to the l970's provide an opportunity to address the future and plan for it more thoroughly, antloipating what might occur and how to prepare for it. An illustratlon may be in the case Of increasing agricultural and Coal exports. If new facilities are desirable (or iii certainly expanded Services), programs Could be arranged now, designed, publicly discussed, reviewed and approved tor all permiting and licensing. They Could then be ready to go as the operations pick up again. Some port Officials though fear, that even lit this were the case, polltical affairs in local areas may switch and reverse prior approvals. For the American transport system to be as supportive as possible for the export process, certain strategic policy issues need to be addressed in the coming years. Management of the port facilities, the role of labor, the intro- duction of new technology both on and off shore, Costing and productivity must all be monitored carefully and Coordinated. It volume attalns high levels, it may be more prudent to Shlft cargo to less densely populated urban areas or rural coastal locations, where smaller but speciallzed facilities can be Constructed quickly and Cheaply. Should this happen, it would be a major relocation of port facilltles Outside Our urban areas. There are SOme indicatlons that SOme ports might consider joint activities to develop facilities in less Congested rural locations. Two factors in this rearrangement are the Cost of renovating and improving existing facilities, and incentlve provided by large railroad Company operations with more flexible export cargo routing and Costing. At the same time ports are facing financial stress. Compared to general Service local and State governments, they appear to be making a lot of money. Even though they need to preserve and protect their earnings for Capital development and operations, financially hard-pressed unlts of government see them as potentlal Candidates for borrowing of funds or Outright Sharing of earnings. In effect, politicallzation of port actlvities is a serious Concern. - It is possible that ports may become in some cases more like transportation company conglomerates, who would view the port operation as a profit Center and invest earnings for greatest return. If this did happen, then we milght start seeing some ports in dense urban areas slowly but surely leaving the port busi- ness and transferring into other money making operations. Existlng urban port land Could then be converted to higher value utilization for residentlal develop- ment on the waterfront, Commerlcal and entertainment complexes. Lastly, the intergovernmental policy System has great capability to cause Consternation and difficulty. Its very Complexity, number of actors and levels, Cross-Cutting horizontal and vertical relationships, all may add up to a morass hindering timely response by ports to export. On the other hand, the System is designed for non-export transportation purposes. It serves general urban life goals and objectives. Thus the System may be indirectly telling the port industry that, at SOme point, port activity is no longer as valued an economic activity for its regional areas. It will be allowed to reach full, existlng capacity incrementally; not allowing major new facility operations and cargo flows through dense urban areas. If that OCCurs, such indirect sequencing is a result of free marketplace Calculations about Cost and transport activities. In the long-term Cargo flows would be redirected to more rural locations where, theoretloally, transport Operation is easier to Conduct. Whether present or future activities the intergovernmental pollcy tramework has potentlal to say "No" in a non-coordinated way, but little Capability to say "Yes" in a coordinated way. This crucial distinctlon LS important to keep in mind and must be dealt with. It coal 1s signi- floantly expanded, then any of the COmmunities in many states along the way may reject the development of Coal transport activities through existing rallroad (or other modes) rights-of-way. Just the example of the street crossing sltuation may be enough for local governments to politely suggest that the national interest would be served best elsewhere. - iv. The export transportation industry has developed by independent actions a collection of strategies that are beginning to show significant signs of improv- ing the system. Most of the ideas and new programs are generated by the private sector (carriers, Shlppers) and some by public agencies (ports, local, state and federal). Over ninety have been identifled. Facillties and Services include; goals and value Statements, planning task forces/associations, design and engi- neering, finance, taxes/fees, and Operations. Regulations include: rallroads, motorcarriers, Shipping, pipelines, export impact statement, cost benefit analysis, fast tracking, and regulatory relief. Exports include: representation asSlstance, promotion, financial/tax, and COOrdination. CONCLUSION The export transportation system is an important, but still subsidiary, Component of the domestic transportation framework. Rail and motor carrier de- regulation has added Competitive vigor to the whole system. Shipping and regu- latory changes are now Opening more Competitive possibilities. As the federal government reduces regulatory activity, private and public roles and relation- ships begin to adjust, data Collection functions are ellmlnated, Coordination is less evident, and policy vacuums are created. Long-term transportation system Considerations are guided more by immediate and near-term marketplace forces. Before deregulation, no part of government clearly addressed how the Complex intergovernmental policy system affected the export transportation func- tion. Now, more than ever, it is necessary to encourage public attention and discussion on this matter. An excellent opportunity ls presented for private and public institutions at the national, state regional and local levels to assume this role, individually or cooperatively, while the system is relatlvely "unstressed" and prior to a crisis-response cycle of problem and solution. What functions might best help to encourage more public attentlon and discussion of a subject that has no organized support group and Constituency, yet affects so much of the national economy, employment, Corporate and government revenues, and quality of life? There may be three levels of basic activities: Level I - Informational Communication Activities: l. data Collection 2. discussion and briefing Sessions 3. Conferences 4. training 5. educational programs for technical groups, private and public decision makers, Citizens Level II - Advocacy Communication Activities: - l. position Statements 2. lobbying 3. Service on advisory commlttees 4. public Statements and media messages 5. press releases Level III – Decision Making Powers: l. program and/or Office funding 2. program and/or office staffing program regulatlons, pollcies, rules, procedures voluntary agreements and programs by Concerned parties collective agreements by concerned parties legislative power from Congress, state or County/city Jurisdictions identltication of transportation Corridors for export (e.g., as with Dept. of Defense Strategic rail Corridors, or Surface Transportation Assistance Act of l982 require ment to identify special large truck Interstate routes. : . 7. A variety of private organizations could accomplish these candidate func- tions. In the private Sector, it could be accomplished by local chambers of commerce, trade associations, industrial groupings, export associations, COOpe- ration with nonprofit research and university groups. At the regional, State and national levels, similar types of Organizatlonal mechanisms may be established for increasing awareness and discussion of export transportation. In the public sector, starting with local government, a somewhat simillar network potentially exists among the governments at the City, County, Special districts, and regional levels. For example, some areas of the nation have active "district export councils" based on the U. S. Department of Commerce's trade program forums. At the state and federal levels, Simllar Ottlee functions exist and may become useful in these activities. - Identification of candidate levels of activity and implementing organiza- tions is designed to be "menu-driven." By this, it is meant that all of these are potential, voluntary activities. They may be accomplished by marketplace, private Sector forces as need occurs. Depending upon the intensity of the export transportation problem, a mixture of the approaches could be considered for longer-term Situations. For example, lt the backup of export transportation cargo occurs in the rail or highway system in key points of the country, local areas Could try to organize and handle the response themselves. In tact, this did occur and did not require a strong state and federal lnvolvement, except in monito- ring. In the case of Hampton Roads and Baltimore and coal export, the queuing and vessel permit systems lessened severity of the situation. The Port of Seattle has been active in helping to Consolidate export shipments to Secure lower "through rates" for shippers or manufacturers. Portland has organized the Columbia and Snake River System. Houston linked closely with railroads on grain backlogs. New Orleans provides leadership for the Mississippi System. Charleston is opening inland Consolidation facillties and providing real time shipment monitoring systems. Miaml is developing the gateway Concept for Latin American trade. In Southern California, regional government in Cooperation with many local public and private agencies, including the ports, has identifled rall trelght Corridors for export transportation. The Port of Long Beach and Port of Los Angeles are jointly developing an intermodal Contalner facillty, and a master plan for the year 2020. These illustrate local voluntary action and how they may come into play. If things become far more intense and voluntary local private and public cooperation did not respond adequately, then a stronger governmental role should be considered and initiated after a sufficient period for a natural local solu- tion to develop. * vi In an extremely competitive world of linternational trade, every little advantage yielded by our transportation system to facilitate exports can only help the nation's economic healthiness and position in trade. This Coordination is necessary. It appears now that we have none to minimal Coordination, thus in the late 1970's and early lo&0's, there was an intense export boom almost demanding it. When export pressure grows again to maximize the system tor the long term, we may well wish for more advance planning and Coordination by the private and public Sectors. What must be decided by the marketplace and the intergovernmental pollcy System is, what priorities should the export transportation system have to make our exports as competitive as possible? These types of pollcy issues and ques tions must be discussed and resolved. This research study sees a growing need for some kind of Coordination to be encouraged and accomplished. Whetner it is a result of free market forces alone or with governmental encouragement, the results hopefully will be the same and etfective support would occur. The visibility of Centrallzed functions and informational Campaigns, statutory and program Coordina- tion and implementation will facilitate a useful statement of the broad game rules for export transporta tion priority. Such steps as the Export Trading Company Act and discussion of dredging legislation are a good beginning to redirect attentlon and to develop integrated pollcy and programs. The intergovernmental pollcy of the nation as it stands now ls not to treat export transportation as a total pollcy package. Such intergovernmental freedom and independence may be scrutinized more and more if the balance of trade detlcit Continues to grow. A clear decision between local and national interest might have to be made. A potentially useful approach to initiate discussion is establishment of a pollcy agenda to Consider future export transportation strategy Optlons and decisions. vii ACKNOWLEDGEMENTS For the combined export transportation system of the nation, the period of l98l-l984 was a stimulating time, full of challenge, opportunity, and uncertainty. This research effort documents that era and Otters data, observa- tlons, analysis and suggestions based upon Cooperation and support from many agencies, Corporations and individuals dedicated to improving our export trans- portation System. The Project Advisory Committee helped retine these thoughts and we are most appreciative: Port of Long Beach, Leland Hill, Director, Port Planning; Port of Los Angeles, Art Goodwin, Project Manager; Los Angeles County Transportation Commission, Dr. Joseph Leach, Director , Policy; Security Pacific National Bank, Gladys Moreau, Vlce President; Southern California Association of Governments, Renee Simon, Deputy Director, Transportation; Southern Pacific Railroad, Lila Cox, Attorney; Southern California Automobile Club, Richard Mills, Chalr, Port Trans- portation Task Force; Bergen Brunswig, Corp., Dr. Bernard Hale, Vice President, Transportation and former President, National Council of Physical Distribution Management; U.S. Congress Surface Transportation Subcommittee, Paul Schlesinger, Staff; Advisory Commission on Intergovernmental Relations, Carl Stenberg, former ASSlStant Director; AmeriCan ASSOCiation Of POrt Authorities, J.ROn Brinson, Executlve Director, and Rex Sherman, Director, Research. Other invaluable asslstance came from: members of the National Academy of Sciences/Transportation Research Board Committees on State Role in Waterborne Transportation, Inland Waterways, and Intergovernmental Policies; American Association of Rallroads; American Trucking ASSOCiation; and the executive directors and senior management of the ports of Baltimore, Charleston, Hampton Roads, Miami, Houston, New Orleans, Long Beach, Los Angeles, Portland, and Seattle. Many officials in the United States Department of Transportation provided lmportant Counsel. Principal among them were our project manager, James Carman, Manager, Port Operations Program, Office of Port and Intermodal Development, Maritime Administration; William Brown, Director, Ottlee of University Research, Office of the Secretary and Norm Paulhus, Program Manager, Office of Tehnology Sharing; and former DOT executives, John Norrls, Ottlee of Facilitation and Dr. Lloyd Money, Office of Unlversity Research. Individually and collectively, they helped frame the project and guide its development to meet program and procedural guldelines and goals. Within the UniverSlty key elements of Support were provided by the Office of University Research, the Unlversity Foundation and the Graduate Center for Public Pollcy and Administration. The Workshop on Exports, Transportation and Private-Public Cooperation was a joint effort of the Graduate Center for Public Policy and Administration, the California State World Trade Commission, Export Managers Association of California, Los Angeles Area Chamber of Commerce, Los Angeles International Trade Development Corporation, Southern California Association of Governments and Southern Calltornia Transportation Action Committee. General management of the entire project was the responsibility of Peter L. Shaw. Over the Course of the Study, Colleagues involved included Linda Brandt, Gerald Leonard, John Matzer, Elbert Segelhorst, Elizabeth Letson and Viii Jonathan Tilley (Port Transportation Fellows), and student assistants Pamela Bausman, Valerie Bremser, Lian Wang. This final report was prepared by Peter Shaw with the excellent staff assistance of Elizabeth Letson (who prepared Chapter II) and Lori Copley, project support and word processing, and Janice Drake, word processing. Elbert Segelhorst prepared a working paper On port and shipping Cost Considerations. All of them made the three reports, workshop and proceedings pOSSible. ix TABLE OF CONTENTS Te Chni Cal Report Do Cum ent a ti on . . . . . . . . . . . . . . . . . . . . . . . . . i Executive Summar Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i i Acknowledgements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vi i i List of Tables, Figures, Maps . . . . . . . . . . . . . . . . . . . . . . . . . . xii Chapter I - - INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Study Purpose - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Research Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Research Paradigm Shift . . . . . . . . . . . . . . . . . . . . . . . . . . . Research Methodology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Research Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F in a l Report For m at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . End not e s - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PART I – SYSTEM DEVELOPMENT 7 Chapter II -- UNITED STATES EXPORT POSITION............. Introduction - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Significance © C C C C C C C C C C C e O e o O C C C C C C C C C C C C C C C C C C, Historical Trade Relationships . . . . . . . . . . . . . . . . . . . . . Export Profiles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l 0 Long-Term Trends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Forecast - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 21 Con Clusion - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 23 Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Chapter III -- U. S. PORT FACILITIES . . . . . . . . . . . . . . . . . . . . 30 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Port Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Port Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 : PART II — — INTERGOVERNMENTAL POLICY SYSTEM OPERATION. AND CHALLENGES 38 Chapter IV -- INTERGOVERNMENTAL PUBLIC POLICY SYSTEM 38 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Development of Intergovernmental System . . . . . . . . . . 38 Participant in the Intergovernmental Policy System 40 Policy Mechanisms to Influence Activity . . . . . . . . . . 40 Export Transportation-Related Policy. . . . . . . . . . . . . . 46 System Contact and Interaction . . . . . . . . . . . . . . . . . . . 52 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Chapter V -- TRANSPORTATION REGULATION ... . . . . . . . . . . . . . 67 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Regulatory System . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 / Regulatory Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Motor Carrier System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Railroad Carrier System . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Ocean Carrier System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Chapter VI ºne tº EXPO RT SEA PORTS © C C C C C C C C C C C C C C C C C C C C C C Q @ l U 0 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Atlantic Coast . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . lub Baltimore • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 100 Charleston . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Hampton Roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l 04 Miami . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Gulf Coast . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Houston . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 New Orleans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Pacific Coast . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l U9 Long Beach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Los Angeles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Portland - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ll 4 Seattle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Con Clusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ll 6 Endnotes - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . . . . . . 116 Chapter VII -- DREDGING POLICY ll 7 PART In troduct i on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ll 7 Importance of Dredging . . . . . . . . . . . . . . . . . . . . . . . . . . . ll 7 Dredging Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 Financing of Dredging . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Alternatives to Dredging . . . . . . . . . . . . . . . . . . . . . . . . . l 30 Conclusion - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . . . . . 136 Endnotes - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - la / III —— LONG-TERM IMPLICATIONS l39 Chapter VIII – EXPORT TRANSPORTATION STRATEGIC POLICY ISSUES l39 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l 39 Structural Shift - - - - - - - - - - - - - - - - - - - - - - - - . . . . . . . . . 139 New Opportunities and Pitfalls . . . . . . . . . . . . . . . . . . . 144 Strategic Policy Issues . . . . . . . . . . . . . . . . . . . . . . . . . . l 45 Conclusion - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 151 Endnotes - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 15l Chapter IX – EXPORT TRANSPORTATION STRATEGIES lb 3 Introduction - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 153 Strategy Framework . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 Facilities and Services . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 Regulations - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - lb 4 Exports - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - l 66 Conclusion - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 168 Endnotes - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 169 App en di x e Q e o e º O C C C C C C C C C C C C C C C C C C C C C C C C C , C C C C C C C C C C C C C e O l / 2 Chapte United Figure Figure Figure Figure Figure Table Table Chapte r II LIST OF TABLES, States Export Position II-l II-2 II–3 II - 4 II-5 II-l II - 2 r III U. S. Internati Onal ECOn Omi C Perf Orman Ce FIGURES U. S. Agricultural Export Markets, 1967–71 and I 977–81 U. S. Merchandise Exports, U. S. Manufactured Exports, Rising Dollar, l 967 L 96.7 Falling Exports and l 981 and l 981 Current International Trade POS it iOn Of the United States Industrial COuntries: 1967 – 85 U. S. Port Facilities Table Table Table Table Table Chapte III-l III-2 III-3 III-4 III – 5 r IV Export and Import Volumes, U. S. Seaport Terminal Facilities by Region . . . . . Commercially Navigable Waterways of the Unlted States by Lengths and Depths . . . . . . . . . . . . Type of U. S. Port Authorities by Region Total Foreign Waterborne Commerce - Leading United States Seaports Foreign Export Waterborne Commerce - Leading United States Seaports y © O C C C C C C, Intergovernmental Public Pollcy System Table Table Table Table Table Table Table Table Table IV—l IV-2 Iv–3 IV— 4 IV-5 IV-6 IV-7 IV-8 IV-9 A Typology of Intergovernmental Regulatory Programs e e o O e o e o e o O © e o O C C C C C C C C C C C C C Major Statutes of Intergovernmental Regulation, 1960–80 Devices for Indirect Management of Intergovernmental Programs . . . . . . . . . . . . . . . . . . . . . Major Federal Statutes Regulating State LO Cal Government S and Impact of Specific Regulations on U. S. Exports . Domestic Regulations that Have Had a Negative Impact on U. S. Exports Estimated Total Pollution Abatement and Environmental Quality Expenditures, l 978-87 . . . Highway Trust Fund Tax Rates, After the Surface Transportation Assistance Act of l 982 and Effective Dates of Change . . . . . . . . . . Estimated Taxes for Average Truck Owners in 1985 In C reases in Federal Bef Ore and Highway 8 ll l2 l 3 l4 l 9 24 3.1 3.1 33 36 37 4.l 42 44 47 50 5l. 5.8 59 Chapter V Transportation Regulation Figure V-l Table Table Table Table Table Table V—l V-2 V-3 V-4 V-5 V-6 Chapter VI Export Seaports Table Table Table VI —l VI-2 VI – 3 Chapter VII Dredging Pollcy Table Table Table Table Table Table Table Table VII-l VII – 2 VII – 3 VII — 4 VII-5 VII-6 VII-7 VII–8 Chapter IX & Export Transportation Strategies Table IX-l Motor Carrier Act Summary . . . . . . . . . . . . . . . . . . . . . . Contracts Approved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Market POwer Of Rall roads Over Domestic Shippers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coal Export Prices Transport Options Representative Crew Costs Representative Ship Construction Costs Selected Port Characteristics - Atlantic Coast . Selected POrt Characteristics - Gulf Coast Selected Port Characteristics - Pacif lo Coast . . Largest Vessels and Average Vessel Size in the WOrld Fleet & Summary of Straight Channel Depth and Width for Each Major U. S. Port . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing and Potential Effective Capacity for Handling Export Coal at U. S. Ports Estimated Costs and Trade by Port, l 990 Sequence of Steps for Navigation Projects Undertaken by U. S. Army Corps of Engineers . . . . . Status of Approvals for U. S. Seaport Dredging Projects - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Economic Effects of a User Charge on U. S. Deep Water Commerce Port Dredging vs Alternatives for Coal Export Port Development - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Selected Long-Term Transportation Strategy Concepts Cover photo courtesy of the Port of Long Beach. 75 79 80 8l 86 94 94 l Ul 107 lll ll 8 ll 9 l2l l 22 l 23 l24 l 29 l31 lb b xiii Chapter I INTRODUCTION The United States is closely integrated with the world by many intricate relationships such as trade, economic pollcy, telecommunications, environment, transportation. This study reviews ln depth one aspect of the web of linterrela- tionships -- the domestic transportation function – and export of the nation's Output. Influencing the transportation activity is a set of federal, state, and local laws, pollcies and programs which , in effect, torm the Country's lnter- governmental public pollcy System. For export of American output, the domestic transportation system should ldeally Operate-economically and effloiently. Problems of transporting goods and commodities from their points-of-origin to seaports should be minimized by the role of government, not unitentionally exacerbated. There is reason to believe that the intergovernmental system has offered some key bottlenecks (impediments) and barriers (obstructions). The export transportation system must operate within the very same Complex, fragmented institutional policy framework formed by the intergovernmental system. & In the land-sea export process, American seaports have been widely recogn- 1zed as the plvotal point. To the transportation Company executive, the manu- facturer or farmer, the governmental pollcy-maker, ports are a natural place to consider when thinking about exports and transportation. In Some situatlons, they may be too visible. They are indirectly encouraged to take leadership positions to develop trade, line up financing, and long-term Contracts, assemble the best domestic transportation packages, and steady Suppliers. From their successes, benefits accrue to the nation's economy, producers, and Citizens. Jobs are created or enhanced through the multiplier effect. But, on the other hand, the ports may take a lot of "heat" by being aggressive and visible in behalf of improving exports. Their return on organizatlonal and financial Capi- ...tal invested may be revenue earned as port landlords, Owners, or operators of the facilities through which cargo moves. That revenue does help their parent juris- dictions and local economies. Overall though, the ports have voluntarily assumed the leadership role. Interest ln exports, transportatlon and public pollcy is growing. The President in the l983 State of the Union address noted: One out of every five jobs ln our Country depends on trade. So, I will propose a broader strategy in the field of international trade- one that increases the openess of Our trading System and is falrer to America's farmers and workers in the world marketplace. We must have adequate export financing to sell American products overseas. I will ask for new negotiating authority to remove barriers and get more of our products into foreign markets. We must strengthen the organization of our trade agencies and make changes in our domestic laws and international trade pollcy to promote free trade and the increased flow of American goods, Services, and investments. Our trade position can also be improved by making our port system more efficient. Better, more active harbors translate into stable jobs in Our Coal fields, railroads, trucking industry and ports. After two years of debate, it's time for us to get together and enact a port modernization bill. Education, training, and retraining are fundamental to Our Success, as are resaerch, development and productivity. Labor, management, and government at all levels can and must participate in improving these tools of growth. Tax policy, regulatory practices and govern- ment programs all need constant reevaluation in terms of our competi- tiveness. Every American has a role, and a stake, in international trade. (emphasis added) The Council of Economic Advisers and Congress have also emphasized trade.” The imbalance in l984 was a trade deficit of $123.3 billion which "cost the grOSS national product two percentage points in real grºwth" and "as many as 2.5 million" jobs. The l985 deficit may reach $150 billion. In support of the Präsident, according to Ambassador William E. Brock, U.S. Trade Representative, is: * Domestically, Our challenge will be to fashion economic policies that will generate sufficient growth to allow the nation's economy to adjust to rapidly changing technological and Competitive Conditions. As economic recovery accelerates, American industries will emerge more efficiently and better able to compete. Tax policy, regulatory practices, and governmental programs will be regularly evaluated in terms of our competitive opportunities, (emphasis added) Although the domestic export transportation system is not the primary Cause of the nation's trade imbalance, it may be a contributing Cost factor for its product competitiveness. It is very difficult to separate transportation Cost- ing, especially that element attributed to governmental laws, regulations and policies. The American public appreciates the Country's international trade situation and understands its importance. Eighty-nine percent agreed with the statement: "We must make better products more efficiently- to compete in the world, rather than depend on trade barriers such as tariffs.” Yet, fifty-five percent favor "increaſing taxes on foreign imports to protect American jobs in certain indus- tries."" The seeming inconsistency can be explained in the first poll by the question noting a condition that U.S. exporters are treated liberally abroad as a quid pro quo. This became most evident in March, l985 in the strain placed on United States - Japanese trade relations. Given the importance of international trade to the American economy and the role that export transportation intergovernmental policy may have, there is a distinct and clear federal strategic policy interest. It was within this Context that the U.S. Department of Transportation, Research and Special Programs Adminis- tration was concerned by the long-term implications of export trade, transporta- tion, and intergovernmental institutional policy. & Study Purpose The research study was conducted in a three-phased effort in the l981–1984 period. The primary purpose was to identify intergovernmental transportation bottlenecks and barriers to the efficient operation of the export process. The first year of study examined the demand for U.S. exports, the intergovernmental transportation policy system, and how it interacted for the transportation of Coal, grain, and Containers to the Port of Long Beach and Port of Los Angeles. The second phase reviewed the changes in the intergovernmental transportation System, the impacts of deregulation, the direct experience of the ports of Balti- more, Hampton Roads (Norfolk-Newport News), New Orleans and Seattle. This report presents long term Considerations for exports, ports, intergovernmental policy (including deregulation, port operation, and dredging), and the key strategic policy issues for the federal government and the transportation industry. Research Questions The underlying concept, the interface between intergovernmental policy framework and transportation of goods and commodities for export, requires that Several broad questions be identified. These relate to the "flow" sequence from point-of-origin in a port's "hinterland" or service zone to the port, onto the Ships, and past the Coastal limit. For example, what federal, state, and local laws, regulations, rules and policies govern directly (or to an important indirect degree) and relate to these Components of the transportation export process: l. point-of-origin: prepara- tion of goods and commodities for shipment; loading process, facilities, labor; transportation facilities, supply, labor; freight forwarders, brokers; Capability for new demand; capital requirements; 2. transportation (origin to port): mode (truck, rail, pipeline, barge); operational process (facilities, equipment, labor); charges; maintenance; capability for new demand; Capital requirements; 3. port complex: access to port; transfer equipment, operation (unloading and loading), labor; storage facilities, space, operations, labor; ship berthing and departure; ship harbor traffic (internal moorage, movement); ship exit to and beyond coastal territorial limit; capability for new development; Capital requir- €ſments. * Another set of research questions relates to the laws, regulations, rules and policies. How does one determine if a governmental law is good or bad? What Criteria exist to help shed some light on such matters? Unfortunately, the field of public policy offers no clear cut way. So much depends upon the original need for the law, the groups and individuals to benefit or disbenefit, the implementa- tion of the law, and subsequent operation over time. Recognizing the delicate ground here, this study attempts to lay out. the various perspectives and inter- pretations explicit and implicit in a particular situation. So, such questions as the following will be raised whenever appropriate: l. transport law contact: what brings laws into play; what statutory requirement exists; what standard serves as trigger mechanism to initiate; process; what time periods are involved; 2. administrative law criteria; who benefits/disbenefits; burden; equity; fairness; efficiency; effectiveness; financial cost; even-handed- ness in interpretation and application; uniformity; Consistency; 3. policy incentives and disincentives; regulatory license and operations; subsidy; rate of 3 return On investment; taxes. Research Paradigm Shift The original problem, which initiated the study, was the quickly growing demand for United States exports of coal, grains, and merchandise. Foreign purchases were expanding so fast that by the late l970's, many Cargo logistical bottlenecks, and sometimes barriers, became more visible in the domestic land-sea transportation system. Parenthetically, some had been anticipated by Simllar experiences on the import Side of the equation (e.g., petroleum import). The role of government was static. Exports were, as interstate commerce, a federal concern. State and local activity deferred to historical federal leadership in these spheres. The transportation system was considered by all governmental levels to be mainly Concerned with domestic origins and destinations. Except for ports and some export-oriented firms, little attention was given to the interrelationships. Between l980 and l984, the stable role of government and all its partici- pants underwent a "sea change" in philosophy, direction, activity and funding. Deregulation OCCurred for rails and motor carriers in 1980; shipping regulation was modified and "loosened" in 1984. The federal government had the stated goal of lessening its involvement across the board in the domestic intergovernmental public policy system. Transportation was one of many functional areas to be vacated slowly. At the same time, the nation experienced high inflation, defla- tion, government revenue shortfalls, and a continued trend of more imports, fewer exports and increasing value of the dollar. .. The export Cargo logistical system was no longer stressed. Urgency became less important. Studies indicated that rising demand for exports would be "postponed" until the outyears, l090 and beyond. At the same time, state and local governments recognized the value of trade and began expediting the export process. Ports became quite visible as lead agencies in encouraging exports (and imports). Thus, the study reviewed a period that began with intensity, urgency and high demand for Coal and grain, and is now in a less stressed, lower demand time. The intergovernmental public policy system has also become less a present Concern because logistical Overload does not indicate an immediate need for expansion of existing operations and Construction of new facilities. The "boom and bust" cycle of trade has afforded the nation a temporary reprieve before demand jumps up again and utilizes the system to capacity. When that occurs, all parts of the export transportation system should be ready with procedures and facilities to handle increased cargo flows. The intergovernmental public policy system should also be prepared to respond in a coordinated effec- tive manner to support export transportation needs to help improve the nation's trade position and competitiveness in accordance with desired public policy goals. In essence, there is a Window of opportunity to get prepared for the tº- ibiliti Research Methodology To explore these questions, research approaches incorporated several tech- niques. . l, Literature Review. The vast body of literature has been reviewed for information about the technical elements of the transportation process and the variety of federal, state, and local laws that might apply. Especially useful resources include the Maritime Research Board and Transportation Research Board Bibliographies, the Index to Legal Periodicals, and American Association of Port Authorities materials. 2. Advisory Committee. General input and valuable assistance have come from the Research Advisory Committee, composed of representatives of the Port of LOng Beach, Port of Los Angeles, Southern California Association of Governments, Los Angeles County Transportation Commission, Ports Transportation Task Force, Southern Pacific Transportation Company, Security Pacific National Bank, U.S. Department of Transportation, and U.S. Congress Surface Transportation Committee, American Association of Port Authorities, National Council of Physical Distribu- tion Managers, and the Advisory Commission on Intergovernmental Relations. 3. Interviews/Meetings/Information Gathering. Numerous interviews were Conducted with local, state, and federal officials, representatives of trade associations, Corporate managers for the railroads, trucking, terminal and Commodity organizations. General information about all ports in the nation has been Colle cted directly from them, along with trade association materials about the goods and commodities for export. Local, state, and federal officials and Corporate managers have been contacted by mail and phone to elicit their informal thoughts about the export-transportation intergovernmental policy contacts. 4. Case Study. Much of the subject matter is abstract and Conceptual until fleshed out with the realities of actually transporting export goods and Commodities. Case studies examined individual experience: Atlantic Coast (Balti- more, Charleston, Hampton Roads, Miami) Gulf Coast (Houston, New Orleans), and West Coast (Long Beach, Los Angeles, Portland, Seattle). Each port was chosen to represent a mixture of geography, cargo, size, and Operations. Research Limitations Several Constraints need to be mentioned at the OutSet. The export inten- sity and degree of logistical system overload have lessened. The basic study purpose and questions explored became more distant, rather than immediate. Nevertheless, the essential problems should be addressed in terms of strategic policy. Data collection sometimes proved difficult. Carriers and ports, acting in a proprietary manner in very competitive industries, did not readily share Cost data. Published sources are often out-of-date, incomplete, based on different measures and formats for presentation. Such has been the norm for the field.It became even more difficult with deregulation when federal regulatory agencies stopped or reduced data collection activities for reasons of philosophy and Cost Also, many ports downscoped quickly their future plans, reflecting lower export activity, and viewed them as more distant Concerns to be considered later, not IlCW. - Institutional images were also a factor. Extensive interviews were conduc- ted with all segments of the field. Representatives of a specific company or governmental agency would, in effect, suggest:"There are no problems here. "our agency does not impede the flow of exports." "This agency is innovative and doing many positive things." As it was most understandable, almost all representative spoke in general terms giving hints and clues for other parts of the country or industry. It appeared that only when things had gotten so bad and frustrating that officals felt free to mention negative experiences with the intergovernmental system. Despite this, all were pleased to talk about basic issues for the nation, what might be done about them, and to explain how innova- tive practices and ideas can make a difference. Final Report Format The research project has produced two interim reports, a workshop and proceedings and this final report treats the subject for the period of 1980– l984. Material is essentially new, with some inclusion of prior data. The report is divided into three major units: Part I: System Development Export Demand Port Facilities Part II: Intergovernmental Policy System Operations Intergovernmental Public Policy Transportation Regulation Port Profiles Dredging Strategic Policy Issues Export Transportation Policy Strategy Part I explains current and future export requirements for the nation and how ports serve that demand. Part II discusses the interaction of the export transportation system and the general intergovernmental public policy framework, regulation of transportation, port case study profiles, and port dredging. The subject flows from the broad sweep to the specifics of dredging. Part III looks forward to anticipate issues and promising Strategies. *President Ronald Reagan, "state of the Union Address Text," Los Angeles Times (January 26, 1983), part I, p. A. *See: Office of the President and Council of Economic Advisers, Economic Report of the President (Washington, D.C.: Government Printing Office, Feb- ruary 1984), pp.5–6; U.S. Congress Subcommittee on Trade, Hearing-U.S. Trade Deficit (Washington, D.C.: Government Printing Office, 98th, 2nd ses- sion, l984); and, U.S. Congress, Subcommittee on Commerce, Transportation and Tourism, Hearing - Trade Deficit and the Economy (Washington, D.C.:Govern- ment Printing Office,98th, 2nd session, l984 *William E. Brock, "U.S. Trade Policy," National Journal (February 19, l983), p. 409. - *Faith in Free Trade Has Not Waned," Business Week (May 30, 1983), pp. 16. 6"A Poll in foreign Trade: America First?" Newsweek (May 30, 1983), p. 28. Chapter II - UNITED STATES EXPORT POSITION tr io The importance of trade in international affairs cannot be understated. It is of great significance to the United States economy and world economy. As a nation founded on trade, the United States has a tradition in the maritime industry and in trading that, while it is at times ignored, is not forgotten by those who are engaged in its pursuit. At the present time, there is much rhetoric about the trade deficit and the need to increase the value of our exports. If exports are to play a greater role in the U.S. economy, (-0.3 perient net exports in 1983, greater private and public effort will be necessary.* In the past we have been able to dictate the rules by virtue of being the largest player in the marketplace. The U.S. exported twenty-five percent of the total volume of world trade in 1950. The figure drops to fourteen percent in 1984, and is forecast to be ten percent in 2000. At the same time the spectacular growth in World trade volume is projected to decline a bit and actual volume to remain Somewhat level until the end of the century. Against this rather sober back- ground the immediate past, present and future of U.S. exports will be examined. Significance In the past, because of its large domestic market and rich supply of natural resources and energy, the United States has not had to rely upon imports or exports to satisfy its basic needs. That has changed with the greater reliance upon imported energy, raw materials, especially for the petrochemical industry, and manufactured goods that occurred during the l870's and continues into the 1980's. (See Figure II-l). - In Comparison to other developed western nations, the United States imports a relatively small percentage of its GNP, 9.8 percent c.i.f. in 1980. The Nether- lands imports over 45 percent and the other European nations over 20 percent of their GNP. In contrast, the U.S. exported 5.9 percent of its GNP in 1983, France, l8.3 percent, West Germany, 29.5 percent, the United Kingdom, 29.l percent, and Japan, l2.7 percent. Unfortunately, the net export of goods which was .9 percent ln l980, had fallen to -.3 percent in 1983 when the trade defloit was $69.4 billion.* The 1984 figures are $123.3 billion trade deficit and a net export figure of about —l percent of real GNP. Economists estimate that the trade deficit has cost the U.S. two percentage points of geal growth last year as well as an estlmated 2.5 million jobs by some estimates. It is the trend of this statistic as well as its magnitude which concerns economists. Not since the beginnings of the Industrial Revolution in the United States, llſ_years ago, has the US had a trade deficit for as long as nine consecu- tive years.” Key sectors of the American economy have been impacted. For example, there is the plight of Mid-western farmers unable to pay off loans owned to local banks and the Farmers Home Loan Administration. While farm land was appreciating at a rapid pace due to the expansion of exports, bankers made loans which totaled One hundred percent of the collateral on the assumption that the increased value of the land would soon reduce the amount to the more standard eighty percent. In the last two years, several factors have acted together to depress the value of / Figure II-1 U.S. International ECOnomic Performance 140 120 # 100 3.5 3.0 2.5 2.0 1.5 1.0 12 10 # 8 # 6 # 4 # 2 0 –2 Trade-Weighted Dollar Exchange Rate * | | | | | | | | | | | | | | | | | | | | | | rº 1978 1979 1980 1981 1982 1983 1984 U.S. Exports to Major Debtor Countries * | 1 | | | | | | | | | | | | | | | | | | | | | | | * 1978 1979 1980 1981 1982 1983 1984 Real Net Exports }= Export. ... “--------------....... * - - - - - - - - - - - - - - nº. T ~ + T == H - — ^s Net Exports _1 | 1 | | | | | | | 1. | | | | | | 1 || | | | 1 - | | 1978 1979 1980 1981 1982 1983 1984 SOURCES: Federal Reserve Board; International Monetary Fund; U.S. Department of Commerce, Bureau of Economic Analysis. - NOTE: Major debtor countries: Mexico, Brazil, Venezuela, Argentina, Poland, Yugoslavia, Chile, Peru, and Philippines. Source: U.S. Congress, Congressional Budget Office. The Economic and Budget Outlook: An Update (Washington, D.C.: Government Printing Office, August 1984), p. 25 farmland particularly in the wheat and corn regions of the mid-west. Countries which previously imported United States grains are now exporting grain, most notably France and China. Also, world harvest of many major crops is settlng records this year. The high level of supply is depressing the price buyers is willing to pay an; thus the farmers are receiving a lower price for their crops than they anticipated. The combination of these factors plus higher prices for machinery, labor and supplies is putting pressure particularly on the middle sized farmer who has no outside income as does the small, part-gime farmer and is not part of a large business as are the Conglomerate farmers. One sixth of all domestic manufacturing jobs depends directly upon exports and Over seventy percent of our goods are exposed to foreign cºmpºsition. TWO- fifths of agricultural employment is involved in export production. The ability of an industry to increase its market by exporting makes it posslble to maintain a domestic presence in the particular sector in which the industry operates. Unfortunately, many industries have found it cheaper to export the whole operation rather than compete for higher priced U.S. Capital and labor in the domestic market. A similar problem exists for mining which finds itself in a depressed world market having to compete with nationalized industries which are operated to pro- vide employment in lesser developed Countries gluiyhatever foreign exchange the export of ore or semi-finished products will bring. Historical Trade Relationships As a nation founded mainly by European nations interested in trade, new territories were a source of raw materials and a growing market. With nationhood and expansion, the country relied upon transportation to Carry its goods to the world's markets and to extend its development to the West, particularly to California and the gold fields. Clipper ships sailed to China Carrying Yankee traders to a legendary place in history. Their ghosts seem to haunt the merchants of today as they struggle to make a dent in the competition for World market share. The surge of industrialization which occurred in concert with the develop- ment of the transportation network supplied the machinery and goods to develop a nation. Such great quantites were needed that much of the industrial output, great as it was, was required by the domestic market. The United States in many Ways withdrew from the rest of the world until involved in World War I. She did not actively rejoin the world community until World War II, when she supplied the rest of the world with food, technology, and manufactured good while helping destroyed economies to rebuild with state-of-the-art technology. Because there was no lntense competition to encourage a company to stay 'lean and mean' many factories were not modernized and/or became gºddled with labor contracts which discouraged peak productivity and efficiency." This state of affairs was not a large problem until recently when American manufactured goods have found it almost impossible to compete overseas unless they were high tech, state-of-the- art electronics or machinery which utilized such sophisticated technology in their operation or construction. Even in this field, the Japanese are developing new generations of computers almost more rapidly than we are, and they are applying that technology to the constºction of consumer goods which the rest of the world seems unable to do without. This leaves our natural resources and agriculture as Our major exports to the rest of the world. These high bulk relatively low value products include: lumber, coal, grain, fibers, feed, tobacco, Oilseeds, livestock and poultry. The United States exports sixty-five percent of its wheat, fifty-five percent of its soybeans, and thirty-five percent of its coarse grains (oats, rye, millet, etc.) crops.” As has been previously mentioned the world supply of agricultural pro- ducts has been expanding rapidly while demand is projected to grow at five to Six percent per year until the end of the century. The Pacific Rim is expected to grow at a rate of 6.3 percent and will thus offer and expanded market to US farmers but they will have to compete for it with the Australians and the rest § the food exporting nations on the combination of price and transportation Cost. (See Figure II-2) The problem of food for less developed nations (LDC's) and particularly African nations of the Sahel region remains. Unfortunately these nations will not be able to afford to buy food on the world market and will have to be supplied through government aid or extremely low rate loans with long repayment periods. The problems of this region and of Africa in general will take much time and more than just food aid in order to reestablish stable, self-supporting economies able to participate in the world market as full partners. Up until this point in time, the United States has enjoyed a positive balance of trade in services. This positive balance has offset the negative trade balance in the merchandise trade and prevented the US economy from suffering as greatly as it might have without it. In the past year , the amount of this surplus has been halved from $28.1 billion at the end of l983 to $12.2 billion annualized at the end of the third quarter of lo&4. Investment income receipts and payments fell from $23.5 billion in 1983 to $14.7 billion in mid-l984. Business- related services, primarily travel, transportation, fees, and royali- ties, fell from $5.7 billion in 1983 to $0.2 billion in third quarter of 1984. Other services category, already in the red, went from -$l.0 billion in l983 to - $2.7 billion. This reflects the effect of higher intergst rates and a faster growing US economy on the investors in foreign countries.** In 1982, United States investors had placed $215 billion abroad while $65 billion of foreign capital was invested in the United States. In 1984, $200 billion of United States capital was invested abroad and $130 billion foreign capital was invested here. , The difference falling from $150 billion to $70 billion over this period of time.]9 The normal United States recovery rate for imports in the early stages of recovery after a recession is twice as fast as GNP, but since the 1980-81 reces- sion, our imports have grown at four times the rate of GNP. This is attributed to the more rapid recovery of our economy as compared to those of our trading partners. It is assumed that this will level out with their recovery. Among the United States's major trading partners in the past have been countries in Latin America. Those Countries burdened with huge debts to pay off, are limiting their imports to the bare essentials at the best price and exporting everything they can to get foreign exchange to pay the banks. This will have some positive benefit to the United States as they owe large amounts to United States banks. The balance of payments is predicted to even out with the rest of the world as their rate of growth increases from its present low rates to two percent for European countries and four percent for Canada and28apan. Developing Countries are predicted to achieve 3.8 percent through l985. - Export Profiles Since l980, the United States merchandise balance of trade has gone down- 10 E The United States is the world's leading exporter of agricultural products, ac- counting for nearly 18% of such exports in 1981. Each year for the past 25 years nearly one-quarter of the U.S. farm product has been sold abroad. Japan has been the leading pur- chaser of U.S. farm products for many years. Other major purchasers have been the Netherlands, Mexico, Canada, West Germany, United Kingdom, South Korea, and (since 1976) the U.S.S.R. , 10%. , 5% Canada NS - 70%T3%. Latin America'ſ • * and Caribbean Western Europe, though still the largest regional market, now takes a smaller share of U.S. agricultural exports than in the 1960s. Source: Map and table figures based on Department of Commerce, Highlights of U.S. Export and Import Trade, (FT 990) December issues; U.S. Exports by World Area (FT 455), annuals Figure II-2 U.S. Agricultural Export Markets, 1967–71 and 1977–81 36%. 29% W. Europeº N 4% Africa (excl. S. Africa) 4% 1967- 1977. 1971 1981 ~ of total $ value U.S. Agricultural Exports, 1981 $ billions TOTAL 43.3 Western Europe 11.9 Netherlands 3.3 West Germany 1.7 Asia (excl. Japan, China) 7.0 Japan 6.5 Latin America and Caribbean 6.3 Mexico 2.4 U.S.S.R. and Eastern Europe 3.1 Africa (excl. South Africa) 2.6 Canada 1.9 China 1.9 Other 2.1 South Africa .3% .3% Leading U.S. Agricultural Exports in Order of Value, 1981 Corn Wheat Soybeans Cotton Soybean cake and meal Rice Tobacco Asia - 21%. 20% (excl. Japan) * --ſº º ſoceania.7% .5% Atlas O Source: U.S. Department of State. f § ,37 United States Foreign Relations (Washington, 2^ Exports as percentage D.C. : Government Printing Office, June 1983), P. 60. Boundary rep kon is not ily º counted for less than 30% of U.S. mer- chandise exports. Developing countries (including oil exporters) accounted for about 31% of U.S. exports in 1967 and 39% in 1981. Source: Figures based on U.S. Department of Com- merce, Highlights of U.S. Export and Import Trade, FT 990 (December 1968, December 1981) Figure II-3 U.S. Merchandise Exports, 1967 and 1981 $ource: U.S. Department of State. Atlas of #nited States Foreign Relations (Washington; D.C. ETGovernment Printing Office, June 1983) The value of U.S. exports (excluding services) almost tripled between 1967 and 1981. But U.S. export trade in this period did not grow as rapidly as that of other developed market economies. The leading single-country importer of U.S. goods is Canada. Other major importers, in order of rank, are Japan, Mexico, the United Kingdom, and West Germany. In 1981, for the first time in more than two decades, Western Europe as a whole ac- § - RS 22% 17% Canada p. 56. f and Caribbean (excl. OPEC) zºº Riries S. Africa) 1967 1981 Exports as percentage of total $ value N à. º, W. Europe Yº tºº (e.g. opeCY i - | ºf-l, Y--\ . OPEC *------- * ſº {} º 2 - • * r Ł other. ~~ * U.S. Merchandise Exports, 1981 $ billions - - TOTAL º - ------- 234 Western Europe ... 65 United Kingdom 12 West Germany . . . 10 Canada - º 40 Latin America and Caribbean (excl. OPEC) 36 México . . . 18 Asia (excl. OPEC, Japan) Japan …º. º OPEC Oceania: ºr . . . . . Africa (excl. OPEC, South Africa) U.S.S.R. and Eastern Europe South Africa - 6% 9% South Africa. Tº Tº º ºrrº-ºº: ºr. - - - - º: - - -- º - - - - º - --- º Japan 9% _9% 13% 11% 3% Boundary representation is not necessarily authoritative 5. The United States was the world's largest exporter of manufactured goods from the end of World War II until 1970 when it was surpassed by West Ger- many. The West German share of world manufactured exports in the 1970s was 16%, the U.S. share about 13%. (Most of West Germany's manufactured exports remain within the European Economic Community.) The United States, how- ever, was once more the leading ex- porter of manufactured goods in 1981, surpassing West Germany by about $3 billion. Machinery and transport equip- ment accounted for about one-quarter of U.S. Manufactured Exports, U.S. manufactured exports in 1981, the largest subcategory being road motor vehicles and their parts. Although Canada, Japan, the United Kingdom, and West Germany have long been the leading importers of U.S. manufactured goods, Asian developing countries as a group have become the fastest growing market for these products. Source: Figures based on U.S. Department of Com- merce, Highlights of U.S. Export and Import Trade, FT 990 (December 1968, December 1981); U.S. Ex- ports, Commodity by Country, FT 410 (December 1967, December 1981) Figure II-4 1967 and 1981 U.S. Manufactured Exports, 1981 $ bilikons 154 TOTAL Western Europe United Kingdom West Germany Latin America and Caribbean Canada . Asia (excl. Japan) Japan Oceania Africa (excl. South Africa) South Africa U.S.S.R. and Eastern Europe Other sº -ve.*** s U.S.S.R. ay. E. Europe .3% .3% *\canada º, /º S gº Zº (ſº- º § §§ §§§ § N § §§ \\ & * Asia 10%. 18%, * - WS (excl. Japan) N 2%. 3% (excl. S. Africa Africa 19%. 21% Latin America and Caribbean Source: U.S. Department of State. Atlas of United States Foreign Relations (Washington, D.C. ETGovernment Printing Office, June 1983), P. 58. - 4% 2. Boundary representation is not necessarily authoritative NS 1967 1 67 1981 South Africa 2%. 1% Exports as percentage tº of total $ value hill. Since mid-82 the angle has become rather steep, and the figure for the end of l984 ($l46.3 billion) is almost three times the last dip which occurred in mid- 79. Unfortunately, the bottom is not in sight; Secretary of Commerce, Malcol." Baldridge, predicts that the trade deficit in 1985 will be about $150 billion. The portion of this balance which is attributed to manufactures has led this decline with a drop to -$38.2 billion in l983 and an annualized third quarter figure of -$ll2.1 billion.** See Figure II-5. Figure II-5 Rising Dollar, Falling Exports Since 1981, the rising value of the dollar has made exports of American goods relatively more expensive and imports less expensive. While exports have continued to grow, imports have soared, and the U.S. merchandise trade balance has declined sharply. The following graph traces the inflation- adjusted trade-weighted value of the dollar from 1975-84 and the merchan- dise trade balance. ſº- - Cº. .8 +20 120 : # 2, - * {º} § = 0 100 5 & % = | * E e –20 80 = g .# — = $2 ep Gº --- --4- 60 : -40 –60 4() & KS K & & SS sº sy Y. $ $ $ $ $ $ Sº Sº SV & 23.3— -F—l Source: Richard Corrigan and Bruce Stokes. "The High Flying Dollar", National Journal (Vol. 17, No. 8, February 23, 1985), p. 412. Reprinted with permission. In 1983, the trade balance for capital goods was $26.4 billion, but by the third quarter of 1984, the figure had dropped to $6.9 billion, annualized rate. Only food and beverages of the other categories continued to show a positive figure with $6.5 billion at the third quarter of l984. Consumer goods were at - $51.3 billion, Petroleum and products at -$53.2 billion, and other industrial supplies at -$9.0 billion complete the list. The positive balance in the services category of $13.7 billion at the end of the third quarter of l984 offsets th; deficit somewhat, but that figure is down from the 1983 figure of $28.1 billion. Even in areas where the U.S. has traditionally exported a large percentage l4 of its production, agriculture, the trend is down to wavering. The lo&4 figures for export of grain and feeds is down three percent over last year and oilseeds and products is down l8 percent. Cotton and linters is up nineteen percent but the total volume is rather small. The other significant area of export, livestock and products, is }} four percent. Overall, agriculture exports are down four percent from 1983. In recent years, there have appeared to be several bonanza opportunities for U.S. exports, the most spectacular was the demand for U.S. coal which peaked in the late l970's. This was caused by a combination of factors, mainly strikes, in Poland, South Africa and Australia which shifted demand to U.S. supplies in spite Of the higher price. Many plans were made to service this increased demand on the assumption that it would continue in the future (Long Beach, Portland, Maryland, New Orleans, Hampton Roads, etc.). Unfortunately, no careful analysis was made of the true basis for the demand, and it disappeared as soon as the strikes and political disturbances were settled, leaving several Suprised ports, railroads and Coal companies with large investments and no way of recovering them. It must be polnted out that an expanded demand for coal has been predicted as the oil supply dwindles and various sectors are priced out of the market. The glut in the world oil market with the continued lowering of the #ice puts this possibility into the long term as opposed to the short term future. Yet, the coal situation is not that unusual for other commodities. A recent article in the Los Angeles Times tells of a storm wiping out seventy percent of the Japanese onion crop and its effect on demand for U.S. Onions. The U.S. farmers responded by abandoning their domestic market for the export market. The next year onions were over planted; the Asians were out of the market and the glut was so large that farmers #9% onions for less than it cost to raise them. The bonanza was an expensive bust. This lack of analysis may be the result of many Small firms or players misjudging the market or an oversight, but many £ople have commented upon the lack of a long-term, cohesive U.S. trade policy. George Cabot Lodge has com- Iſlented that "there is no Iloriºing, no data base, and no coherent system in place to predict critical needs."** The grain embargo against the USSR after its to invasion of Afghanistan merely caused minor inconvenience to them as they switched supplies and purchased wheat from Argentlna. United States wheat farmers were Sorely affected by the excess grain which accumulated and affected the following years' crop prices as well. This harmed United States farmers both by loss of income and by loss of the reputation of being reliable suppliers. This last has affected more than the grain farmers as commodity buyers in foreign Countries have been hesitant to sign long-term (five to ten years) contracts for fear that U.S. government action will interupt the flow of needed goods. Being a friend of the U.S. is not seen as protection against such action as similar moves against Mexico and other are cited as examples. In more recent years the strength of the dollar has made the cost of United States goods even dearer overseas. Traditionally sure markets for United States grain such as the Soviet Union in non-boycott years, have Cancelled Contracts to buy wheat from the United States to take advantage of lower prices offerred by France and Argentlna. In early l985, Soviets cancelled purchases totalling 450,000 metric tons. In corn market, where the United States faces much less Competition, is much more favorable. But there are reports that China has shipped corn to Mexico, a traditional major purchaser of United States corn. In other agricultural commodities, similar actions are occurring. India has purchased Soybean oil from Brazil instead of the U.S. Turkey which earlier had offered to 15 buy United Staffs wheat has withdrawn the offer to pursue other suppliers, possibly France. The Crowning blow to United States agriculture was delivered when Cargill, Inc., the world's largest grain merchant, announced in January, 1985, plans to import twenty-five thousand metric tons of Argentine wheat to the United States. The high value of the dollar has made the unthinkable possible. For a Country which had contributed 50 percent of the world's grain trade in the l970's to be importlng wheat ten years later was hard on the United States farmers. Cargill expected to deliver the Argentine wheats.Fo the Gulf Coast for about $ll2 per ton as compared to US wheat at $150 per ton. Even such traditionally non-agricultural nations as Saudi Arabia are inves- ting in wheat farming. Using oil drilling technology and American dryland farming methods, the desert produces prodigeous amounts of wheat. Four years ago, the country produced four thousand tons of wheat and relied upon imports from the U.S. to the supply the rest of its needs. In l984, the wheat harvest was l.3 millions tons, and Saudi Arabia became an exporter of food. This feat was accomplished using deep drilling methods from the Oil industry to tap into deep aquifers Containing fossil water which is pumped up to supply One thousand foot long pivoting irrigation arms which apply water to circular fields. To encourage development the government gave the farmers the land, paid for half the cost of drilling the wells, extended interest free loans to cover other costs, and pro- vided a subsidy of about five times the world price for wheat ($978 per ton). In l985, the subsidy is expected to drop to $560 P3% ton and eventually to zero as the Saudis expect to compete on the world market. - In spite of the negative news, the grain sales to the Soviet Union total 15.63 metric tons compared with the record l978–79 year of lb.5 metric tons. This level of purchase is in part a response to the severe crop losses which the Soviets sufferreed last year. But the existence of other sources in the market place, has made the U.S. less likely to sell the volume of grain it has in the past. With foreign Cotton selling at a price of four to eight Cents a pound lower than United States cotton, farmers are expected to reduce their plantings slightly to lſ).7 million acres in l985. Other farmers are also expected to plant fewer acres to crops; a combination of low prices, acreage diversion program, and the inability financially strapped farmers to obtain production loans is cited as the reason.” - The lack of an export market has made it difficult if not impossible for farmers to pay off the loans necessary for modern farming. This has led to failures of rural businesses dependent upon farmers' trade: banks, implement and Supply stores. The threat is that many of the small towns which dot the heartland of America will no longer have the population or the business to sustain them. The falling domestic sales Coupled with the competition from lower cost foreign plants has encouraged several equipment manufacturers to move their Operations Overseas; thus intensifying the effect upon the Mid-west economy; The high va, ue of the dollar is cited as a contributing if not ultimate cause. - The situation with United States coal exports is no better. Coal is sold in two categories: steam or thermal and coking or metallurgical. Steam Coal Can be of any grade, but only bituminous coal with certain characteristics is used to make coke for steel production. Steam Coal Competes directly with natural gas and petroleum for use in electric generation plants and indirectly with water, wind, solar and nuclear power. Petroleum Coke, a by product of oil retining, competes with coal in steel making. Because of its specialized requirements, l6 metalurgical coal has sold in the export market at a consistently high level. Overseas exports during l984 totaled 49.3 million tons as compared with 43.0 million tons for one year earl §r. Steam Coal exports totaled ll.4 and l7.l million tons for the same period. While the United States is well situated to serve both the European and Pacific markets and has the largest export volume of any producer, it exports a rather Small percentage of its production. Overseas exports have usually totalled less than ten percent of production, topping that figure only during l981 and l982 When Poland and Australia were both out of the market. The United States coal industry is unique because of its low level of export percentage; a major share of for elgn Coal production is exported. It is also different because of the diversity of holdings ranging in size from small owners with one mine to large multinational Companies. Most foreign production is tied to long-term contracts With little excess Capacity available to the spot market. United States producers have excess Capacity and regularly deal on the spot market. Most of the new, high-volume mines in Australia, South Africa, and Western Canada have been developed with associated rail and port facilities by government owner-operators Specifically for the large-scale export of steam coal. The United States rail-port System was designed with more diverse usºs in mind, combining both the domestic and general export markets in the design. In the future, the growing market in the Far East is seen as available to Western United States coal production, but because of the long distance to port, inland transportation costs total fifty to seventy-five percent of the delivered Cost of Western coal at the port. United States coal is already the highest priced Coal ln the international market and the addition of high transportation costs makes it even less able to compete with sources with lower labor and/or transpor- tation Costs. While western mines have lower labor costs, their higher transpor- tation Costs puts them at the high end of the market. The reliability of United States Supply allows it to capture a larger share of the market than pricesālone would dictate because buyers are willing to pay up to a $10 per ton premium. AS in the Case of grain, United States' coal mining costs are so far above the world level that International Marine Terminals near New Orleans has imported a 30,000 ton shipment of Columbian steam Coal for a power plant. The cost is competitive with co gmined in eastern Kentucky and shipped by rail or barge to central Florida. As older deep pit mines in Europe, Japan and Taiwan become uneconomical to Continue to work, the existance, of large coal reserves in western states capable of being mined by open pit or strip mining techniques holds hope for the future for United States coal producers. The factors which favor United States mines Will also favor Canadian mines in Alberta and British Columbia. China is expect- ted to become a major player in the market after the year 2000 when the infrastru- Cture to connect mines to ports will be in place. The competition from other Sources of energy, mainly petroleum, will be the other major constraint 2n}nited States coal development as a larger supplier in the Pacific Rim market. The continued strength of the United States dollar will make the price of United States goods more expensive in the international market and Will Continue to agravate the position of United States coal in the energy market. The United States position in trade with other nations has reflected the strength of the dollar. Our balance of trade is positive only with the Communist Bloc. In 1984, the value of US imports from Western Europe, Japan, Canada, OPEC, and Other developing contries is lower than the value of , our exports to them. The trend is again in the negative direction parallelling the l'7 trend in Our Overall trade patterns.” See Table II-l. The strength of the dollar against foreign currencies has been attributed to several causes. The more rapid recovery of the United States economy after the recent recession, the federal deficit, the relative safety of investment in the US, and higher interest rates are cited among other reasons. What ever the cause or Combination of Causes, the ability of foreign goods to penetrate and establish themselves in the United States market will have long reaching effects. Quotas and tariffs on automobiles, textiles and steel have only shifted emphasis of overseas exporters to machinery and other capital goods. Prices lower by twenty to twenty- five percent have attracted purchasers in the United States who are attempting to modernize and thus improve the output of their production lines. Michigi Evans Of Evans Economics commented,"Patriotism can only be stretched so far." Capital goods is one sector where the United States has had to this point a surplus in trade. That advantage is disappearing rapidly. In l982, the figure was $34.6 billion; in 1983, $26.4 billion; the third quarter l984 annuilized figure is $3.7 billion. The final figure for l984 rebounded to 17.0 billion. This inter-relationship of the various sectors of the economy is reflected in the transportation system which has been developed to serve as Conduit for the goods produced by it. The provision of roads, rails, waterways and ports to move domestic and foreign goods to market from their point of manufacture has also provided the means of communication to build social and political cohesion within and between communities. The movement of the goods will provide income to the operators to apply to the costs of operating and maintaining the various facili- ties but the decline in domestically produced goods in the American economy will remove the economic basis for maintaining communities and therefore markets for many of those goods. Witness the changes predicted for the Mid-wistern farm belt and the smokestack industrial areas of the eastern United States. What export volume there is, is concentrated in those ports which handle bulk products or have a trade advantage with the Pacific Rim nations: Portland, Seattle, Baltimore, Hampton Roads, New Orleans, Los Angeles-Long Beach, Oakland. The struggle between the various ports to acquire or to extend their internal attractiveness to shippers and therefore their revenues has been fierce. The discussion over the proposal to impose a fee upon ports and/or ships using the Corps % Engineers dredging projects has illuminated the fray to a small degree. - Long-term Trends As can be gathered from the preceding discussion, the past long-term trends in United States export trade have not been positive. The United States merchan- dise trade balance as a percentage of the gross Patiºnal product has fallen steadily except for a brief upward spike in 1975. The major factor in this situation seems to be connected to the strength of the United States dollar and to the federal deficit as a factor in attracting foreign investment in U.S. Securi- tles and real estate. A contributing factor is the relative security of inves- tment and the higher rate of return in the United States. Another factor is the need of U.S. industries to modernize and increase productivity. United States industry also need to develop consumer products based upon basic research as have the Japanese. Another factor is the slower recovery of other nations from the recent recession. Actions taken by other nations to erect tariff or non-tariff barriers to United States exports and/or to undersell us in the world market by- use of export subsidies will need to be met with strong negative action, either at the negotiating table or in the event of failure by a re-examination of our stand l8 U.S. MERCHANDISE TRADE $Billion, fa.s. (Customs annual rates 400 350 r 300 H. Z 250 H. Total importa 2^--~ ~~~~~~ 200 - 2 - - - - Mfd. Imports 50 - 1-1 i 1–1–1 | | | | | | | | | | | | | | Lll LL +25 __2~ * ~~mid. Goods Balance O - _ - * --> - - {—a YS- *O –50 Total Trade Balance -*ll-L-L-L-L-L-L-L-L-L-L----|--|--|- 1978 1979 1980 1981 1982 1983 1984 Exports Imports Balance + !.a.s.l. 1 f.a.s. Customs Customs c.i.f. (Billions of dollars, annual rates) Total trade' 1983 annual 2005 258.0 –57.6 – 69.4 1984 annual 217.9 325.7 – 107.9 — 123.3 1984: ! ... . . . ... 2.13.1 3.18.0 —-105.0 – 119.3 l! ......... 212.4 217.2 – 104.8 – 119.8 Ill ........... 222.6 351.5 – 128.9 – 146.3 IV ......... 224.0 3.18.1 –94.1 – 109.2 Manufactures trade 1983 annual ...... 132.4 163.4 – 31.0 – 38.2 1984 annual ...... 143 1 221.5 – 78.4 – 88.7 1984: ! ......... - 138.5 213.7 — 75.2 – 84.7 II .. --- 140.1 212.2 –72. 1 -82.0 Ill ........... 146.7 246.8 – 100. 1 – 112.1 IV ........... 148.1 215.0 – 66.9 -- 77.1 Agricultural trade - 1983 annual .......... 36.5 16.5 20.0 18.4 1984 annual ......... - 38.2 19.8 18.4 16.6 1984: --- 4.1.0 20.4 20.6 18.8 36.4 19.0 17.4 15.6 37.9 21.9 16.0 14.0 'cif. import values not shown. Notes for tables: Quarterly data seasonally adjusted unless starred (*). All values in current dollars. f.a.s.-Free alongside ship. c.i.f.-Cost, insurance, and freight. Table II-1 COMPOSITION OF U.S. MERCHANDISE TRADE $ Billions +50 1984 SURPLUS +25 H Petroleum & Products 0 Capital Food & Other –25 Goods Aut ti Beverages Industrial - utomotive Supplies –50 Consumer Vehicles pp .75 H Goods 1984 DEFICIT 100 Exports Imports Balance !.a.s. Customs !.a.s. MCustoms (Billions of dollars, annual rates) Capital goods 1983 annual ........... 67.2 40.9 26.4 1984 annual .. 72.0 59.8 12.2 1984: | .. 70.2 57.5 12.7 || ... 71.3 55.9 15.4 ||| .. 72.4 68.7 3.7 IV ........... 74.1 57.1 17.0 Consumer goods 1983 annual ........... 13.4 44.9 31.5 1984 annual ........... 13.3 59.8 –46.5 1984: ! … 13.4 60.2 – 46.8 || .. 13.1 57.0 43.9 ||| .. 13.4 64.7 – 51.3 IV ........... 13.4 57.5 -44.0 Automotive vehicles and parts 1983 annual ........... 17.0 42.0 –25.0 1984 annual ... 21.0 55.3 — 34.3 1984: ! ... 21.0 53.3 – 32.3 II ... 19.6 55.2 – 35.6 Ill .......... 22.0 59.2 37.2 IV ........... 21.4 53.4 - 32.1 Food and beverages 1983 annual ........... 30.9 18.2 12.8 1984 annual ........... 31.4 21.2 10.3 1984: 34.4 20.9 13.5 30.5 20.3 10.2 29.4 22.9 6.5 31.4 20.5 10.9 Petroleum and products 1983 annual ........... 5.0 53.6 – 48.6 1984 annual ... -- 4.7 57.3 –52.6 1984: ! .. 3.6 55.0 –51.4 || .. 4.7 59.9 –55.2 ||| .. 4.7 57.9 –53.2 IV ........... 5.9 56.4 –50.5 Other industrial supplies 1983 annual ........... 51.5 52.2 – 0.7 1984 annual .. --- 56.7 64.8 – 8.0 1984: ! .. 54.9 64.9 – 10.0 II .. 55.7 63.8 8.1 |||.. 59.7 68.7 9.0 IV ........... 56.7 61.7 5.0 Note: Commodity values do not add to U.S. trade totals because of omission of miscellaneous products. U.S. MERCHANDISE TRADE BY AREA $ Billions +20 1984 SURPLUS Communist - 20 – Western Countries Europe -40 Hz LDCs 1984 DEFICIT –60 - Exports imports Balance !.a.s. Customs !.a.s.l. Customs (Billions of dollars, annual rates) Western Europe 1983 annual .......... 56.1 53.9 2.2 1984 annual ........... 58.0 71.2 13.1 1984: | “… 57.5 7.2.1 14.5 ll ......... 55.6 67.3 11.7 ||| .. 60.1 78.1 18.0 IV 59.2 67.9 8.7 Japan 1983 annual ........... 21.9 41.2 19.3 1984 annual ......... 23.6 57.1 - 33.6 1984 | ..…. 22.6 50.8 28.2 || 23.6 55.0 31.4 ||| ---- 23.5 67.3 43.8 IV ........... 24.6 6.2 31.6 Canada - 1983 annual ........... 38.2 52.1 - 13.9 1984 annual .......... 46.5 66.5 -- 20.0 1984: | .. 46.5 63.6 17.1 || .... 46.6 67.0 20.3 III ... 47.7 69.1 – 21.4 IV .......... 45.6 67.1 – 21.5 opec * 1983 annual .......... 16.9 25.1 -8.2 1984 annual ....... - 14.4 26.6 – 12.2 1984: ! … 15.0 24.9 10.0 | . 14.1 28.8 – 14.8 ||| . 13.9 28.3 14.4 !V ......... 14.6 24.3 - 9.7 Other developing countries* 1983 annual ------ 55.3 77.2 - 21.9 1984 annual .... 60.0 93.2 33.2 1984: ! .... 56.5 93.6 - 37.1 II .... 60.2 89.4 29.2 ||| .... 61.7 100.6 -- 38.9 IV ........... 65.6 89.1 23.5 Communist countries* 1983 annual ........... 5.1 3.6 1.5 1984 annual ........... 7.2 5.2 2.0 1984: ! .... 6.4 4.9 1.5 If .... 5.9 4.7 1.1 ||| .... 7.1 6.0 1.1 • IV ........... 9.4 5.2 4.2 Note: Areas are not intended to add to U.S. trade totals. s U.S. BALANCE OF PAYMENTS CURRENT ACCOUNT $ Billions +20 H CURRENT ACCOUNT SURPLUS 0 –20 H. º –40 H. –60 H. ...I CURRENT ACCOUNT DEFICIT 1978 1979 1980 1981 1982 1983 1984 (Jan.-Sept.) ----- export. --- - - ------ - - saiane- (Billions of dollars, annual rates) Current account total 1983 annual 332.2 373.8 ' – 41.6 1984 annaul 1984: | 362.8 44.14 ' — 78.7 II 355.6 454.4 ' – 98.8 III 366.7 498.3 ' – 13 1.6 Merchandise trade (adjusted, excl. military)* 1983 annual ........... 200.3 261.3 – 6.1.1 1984 annual .. -- - 1984: ! .. 215.7 3.19.2 – 103.4 !! ........... 218.3 32 1.6 – 103.3 !!! ........... 222.0 354.5 – 132.5 Services 1983 annual ........... 131.9 103.8 28.1 1984 annual ........... 1984: I 147.0 113.7 33.3 II --- 137.3 124.2 13.1 III 144.7 132.5 12.2 Investment income receipts and payments 1983 annual .... 77.0 23.5 1984 annual .... 1984: ! .... 93.2 62.2 31.0 !! .... 83.3 69.5 13.8 III ... 90.0 75.3 14.7 Business-related services * 1983 annual .... 41.6 35.9 5.7 1984 annual ... 1984: ! .... 43 37.8 5.3 ll .... 43.2 40.8 2.4 III ... 43.4 4.32 0.2 Other services 1983 annual .... 13 4 14.4 - 1.0 1984 annual .... 1984: ! .... 10 8 13.7 -- 3:0 II .... 10.9 13.9 – 3.0 2.7 III ... 11.3 14.0 - 'Includes unilateral tranſers. Values differ from those in “U.S Merchandise Trade” table as they are adjusted to the balance of payments accounting 3. Primarily travel, transportation, fees, and royalties. Table II-1 C Ont. KEY INTERNATIONAL COMPARISONS Balance of Merchandise Trade total (Billions of dollars with us." Jan.-Sept. 1983 1984 , annual rates) United States 57.6 107.9 - - - - France ................ 5.7 — 2.2 2.4 0.8 Germany, Fed. Rep. – 21.0 - 23.5 - 1.9 - 4.7 United Kingdom .. -- 16 – 5.5 - 1.2 - 1.0 Japan .................................. + 31.6 + 44.4 - 18.5 + 31.8 1. imports valued c.i.f. --- */ change in Trade 1983 to 1984 Exports as - % of Exports Imports GNP, 1984 United states ............... + 8.7 + 26.2 5.8, France ................ + 2.7 – 0.9 19.7 Germany, Fed. Rep. + 1.2 – 0.2 27.6 United Kingdom .. - 2.3 – 6.4 21.5 Japan ..................... - 15.7 - 8.7 13.6 t January-secember Share of World Exports 1970 1975 1980 1983 iss4 (Percent) United States .................... 15.4 13 6 12 1 12.4 12.8 France .................... 6.4 6 7 63 5.9 5.2 Germany, Fed. Rep. 12 1 * 1 4 10 5 10.5 9.7 United Kingdom ...... 7 0 5 € 6.0 5.7 5.2 Japan .................................. 6.9 7 1 7 1 9. 1 10.2 1 January-September Value and Share of Industrial Countries Manufactured Exports --- value Share 1970 1980 1984 1970 1980 1984 * (S Billion) (Percent) United States .................... 29 144 143 21.3 18.3 19.7 France .................... -- 14 84 71 t 9. 1 10.2 9.2 Germany, Fed. Rep. 31 167 147 t 19 8 19.8 19.1 United Kingdom ... ... 17 86 £2 + 1C 4 10.0 7.8 Japan ..........................… * 124 *62 t 8.9 11.9 15.2 'F's ºudºng exports to United States January–June f January–September at annual rate FACTORS INFLUENCING U.S. COMPETITIVE POSITION 1984 1983 1984 Ti H. TII iv. % change from same period of previous year) Industrial Production United States 6.5 10.8 15.4 12.9 9.2 6.2 France ............ 0.6 2.5 1.3 0.6 Germany, Fed. Rep 0.8 6.0 – 1.3 5.1 United Kingdom . --- 3.3 3.0 1.0 -- 1.1 Japan .............................. 3. 10.9 11.7 10.6 Wholesale Prices for Manufactures United States 1.0 2.4 2.7 3.3 2.2 1.6 France ............ 11.1 13.1 15.5 14.4 12.6 10 2 Germany, Fed. Rep 1.5 2.9 3.2 2.6 United Kingdom ........... 6.1 5.9 6.3 6.2 5.9 Japan ...............-------------. - — 0.1 – 0.8 – 0.1 0.3 0.5 Value of U.S. Dollar Vis-a-Vis Other Currencies 13 currencies ... 2.9 6.8 5.0 4.9 7.3 9.7 French franc .... 15.9 14.7 20.5 11.6 12.5 14.7 German D-mark 5.2 11.5 12.2 9.1 10.5 14.1 U.K. pound ....... ... 15.3 13.9 6.8 11.2 16.5 20.9 Japanese yen ................ –4.7 0.1 – 2.0 – 3.3 0.5 5.1 1960/70 1970/80 1982 1983 1984 (% change average annual rate Productivity in Manufacturing United States ............... 2 8 2.5 2.1 4.3 4.7 France - 6.7 5.0 5.6 5.9 Germany, Fed. Rep. 5.8 4.5 1.2 4 7 United Kingdom ..... --- 3.7 2.7 3.9 66 Japan .............................. 10.8 77 8, 1 5 0 U.S. IMPORTS OF PETROLEUM AND PRODUCTs Value Price Quantity Customs per barrel (Mil. bbl/day) (bil. $) (dollars) (Annual rates) 1983 annual ........ ..... 5.1 53.2 28.58 1984 annual ............ .. 5.5 56.9 28. 11 1984: ! ....….. 5.5° 56.4.” 28.32 II ...... - 5.6* 58.3." 28.45 Ill ...... - 5.5° 56.8° 28.00 IV 5.5° 56.2° 27.70 Note: Values differ slightly from adjusted data in “Composition of U.S. Merchandise Trade table. Source: U.S. Department of Commerce, International Trade Administration. Current International Trade f Position of the United States (Washington, D.C. : Government Printing Office, February 1985). as a free market Operator. As long as these factors continuºgo Operate, United States goods will be among the higher priced in world markets. ~ * * *-* Attempting to forecast the future in any detall beyond one or two years is very risky and is seldom attempted by anyone other than psychics, or without many qualifications and Conditions attached. Most long-range economic forecasting is of this nature. The major subject of long-range forecasts is in the area of trends - the most famous in recent times is John Naisbitt's Megatrends. Of the ten trends Mr. Naisbitt highlights, several are of interest in the area of world trade. The change from an industrial Society to an information society is evident in the shift of basic industries such as mining, steel, and other heavy industry from the developed countries of Europe and North America to the lesser developed Countries of the Third World. The shift from a United States national economy to a World economy is more than evident in the balance of trade defloit and the increasing penetration of imports into the United States market. The shift in technology to high tech uses in almost every aspect of life is exemplified by the increasing robotization of the assembly line and talking appliances, to mention two extreme examples. The increasing emphasis upon quality in products and stra- tegic planning represents the shift from the short term outlook to the long term Outlook. All of these trends portend an increasingly interdependent world connec- ted by mutual interest and mutual need. The production of basic goods in lesser developed countries for consumption in economically advanced countries, food grown in one Country for consumption in another and energy produced where a quirk of nature placed it exported to the area which can used it and §n afford it are all Scenarios of the present destined to intensify in the future. Other forces include: a shift to increasing North/South trade patterns over the East/West pattern, a growth in counter trade or barter in international trade, growing pressures for protectionism particularly non-tarltt barriers, and differential rates of growth in national or regional economies. North America will slow to two to three percent for the rest of the century while Europe grows at One to two Pºſcent and the newly industrial nations of the Pacific Rim grow at six percent. Another trend which is developing is the change in the growth rate of world trade. Through the 1960's and early l970's, it increased at rates exceeding at times forty percent annually. After the slow down in 1975, the rate of growth climbed back to 26.8 percent in 1979. Since then, thºtrend has been in a negative direction with recent years below ten percent. This slowed growth in world trade is predicted to Continue to the next Century and thus any large growth iſ, United States foreign trade will Come at the expense of another nation's trade. In addition to these extensions of existing trends, the development of technology such as the smart-power or high-voltage integrated circuit which will enhance the life of fluorescent lights and the quality of the image of Computer flat panel displays, will enable Small electric motors to start-up and slow-down Smoothly, and improve the efficiency of alternating current motors by forty per- Cent. This promises a reduced rate of increase in the demand for electricilty which will further lower our dependence upon foreign oil but at the same time Will reduce overseas demand for our steam coal. Another technological advance is in the area of reinforced plastics and Composites. These products are already Common in microwave bakeware, showerstalls, and golf Club shafts. New applica- tions include an internal-combustion race Car engine made of polymers, a drive shaft of graphite composites and a fiberglass minesweeper for the Navy. In some Ways this will increase the demand for oil and natural gas as raw materials, but 2l it also has the potential for gºducing demand for oil by reducing the weight of vehicles which use it for fuel. The trend toward the application of advanced technology to agriculture has already been noted in Saudl Arabia. Lybia too is attempting to tap the vast reservicr of water trapped in deep aquifers beneath the desert. In a plan that envisions drilling 270 gravity flow wells in an area l, 243 miles into the inte- rior, Lybia is building a pipeline which will supply 700 million cubic meters of water per year to be used to irrigate l80,000 acrea of farms along the coast. Expansion from the present crops of dates, Olives, citrus and other fruits, grapes and tobacco should make Lybia self-sufficient in most of its agricultural needs. A combination of United States and Korean firms are the principal Contrac- tors. The projeºtsawhich is estimated to cost $3.3 billion, is scheduled for Completion in 1989.” The OPEC nations which have the foresight to use their oil revenues to develop the other sectors of their economies will enable their citi- zens to maintain a reasonably high standard of living. The impact for the United States is that a nation self-sufficient in foods needs little or none of our principal export commodities. On the other hand, the problems of sub-Saharan Africa Continue to grow. With few natural resources needed in the world market, as in the Sahel, or with a national leadership unable or unwilling to commit itself to economic development in the rural areas, as in Nigeria, nations below the Sahara are facing famine, falling standards of living, poverty of large numbers of their citizens, and the threat of eventual civil disorder as unhappy citizens or opportunistic neighbors react to the deteriorating situation. Nations unable to grow their own food for whatever reason will need to import it, but without the means of earning foreign exchange, they have no way to pay for it. In order to assure ourselves the markets for our goods, we need to help these nations to stabilize their economies and to develop industries and activities which $#1 produce the goods whose sale will enable them to sell on the world market. Regardless of what the lesser developed nations do, the Continued penetration of the United States market by foreign manufactured goods and the continued inabi- lity of United States manufactured goods to compete in the world market must be of concern. Steps must be taken to assure the success of United States manufacturers in foreign markets. The strategic advantage of gaining a 'first niche in a market has been ignored by the United States in negotiating sales agreements in other countries. Other developed countries are using a combination of loans and foreign aid to secure contracts for their own national firms. The United States has cried foul but that has not stopped countries such as Germany from using the technique to secure that crucial toehold for machinery which extracts oil from seeds in Egypt to the detriment of a United States bidder. To accomplish this, the Germans matched the price and loan package and threw in $10 million in foreign aid funds to boot. The U.S. has attempted to duplicate this procedure but with little success. When the United States has offered to use Agency for International Development funds with lesser developed nations such as Botswana to help purchase locomotives, the offer was turned down because the government prefe- rred to receive the aid as uncommitted monies to be used as they wished without strings attached. The major problem seems to be that the receiving nations perceive that the money is being moved about as in a shell game and no new money is being added to the deal, only new strings; a procedure which # not designed to gain the United States a reputation for generosity or fair play. Conclusion g While the United States has pushed for the opening of other nation's borders 22 to trade free of tariffs and non-tariff barriers, we have been succumbing to the not so subtle pressures of industries undergoing heavy competition from foreign goods ln the domestlc market. The auto, textile and steel quotas and a forty-five percent tariff on motorcycles are only some of the examples which come to mind. "Buy American" laws are still On the books for much government work, and the Jones Act prevents foreign flag Carriers from engaging in domestic trade between United States ports. These are much more open than the almost archane examples of "health and safety" rules and "quality" standards imposed by other nations, partloularly by the Japanese whose bureaucracy combines with a traditional Society based upon long standing associations to keep foreign penetration of their market to a minimum. It has been premised that the structure of Japanese Society is a much stronger force in keeping foreign goods out of Japan than are the rules and regulations. "Buy Japanese" is a way of life and needs no laws to enforce it. In spite of the inconvenience involved, other nations have taken the Japanese attltude and applied it to Japanese imports, and others if they happen to Compete in a particular product. France requires all video recorders to undergo rigerous test ln a small inland town, Poitiers, before being released to the French market. The General Agreement on Trade and Tariffs is supposed to cover these kinds of regulations but has no section which covers non-tariff barriers nor does it cover the growing international trade in sergipes. Attempts to negotiate Such agreements have met with failure to this point. As long as such barriers meet natioſºl needs without imposing high-cost penal lties, they will continue to exist.” "Buy American" has serious national defense implications as chromium, Cobalt, manganese and platinum, metals widely used in steel, areospace, electronics and other high-tech industries, are produced by South Africa, Zaire, and the U.S.S.R. Our dependance upon such sources encou- rages such actions as strategic stockpiles and contingency plans for recycling domestic scrap. It also underlines our increasing dependang; upon our fellow nations in the midst of our build up of defensive posture.” During the next decade, the United States needs to assess her position in world trade for the future and make preparation to carry out whatever plan is decided upon. The existance of barriers to trade will need continual attack to prevent their growth to the proportions of the 1930's when protectionism and super-nationallSm almost destroyed the world. The other point to work upon is the strength of the United States dollar relative to other currencies. As long as it remains as high as it is at present United States firms and goods will remain the last resort for buyers With alternative markets. 23 Table II-2 Table 13. (Percentage changes) Industrial Countries: Export and Import Volumes, 1967–85 Change from Preceding Year Average 1967–762 1977 1978 1979 1980 1981 1982 1983 1984 1985 Exports Canada 7.0 8.9 10.2 1.6 0.5 3.6 — 0.7 8.8 24.7 7.7 United States 6.7 1.2 10.0 14.2 . 7.0 — 3.2 – 11.9 – 6.2 6.5 3.6 Japan 13.0 9.1 1.0 0.2 19.2 10.6 — 2.4 8.6 12.3 5.5 •France 9.6 6.6 6.6 9.1 3.3 4.0 — 3.8 3.7 5.5 4.5 Germany, Fed. Rep. of 8.1 6.0 4.6 7.3 3.9 5.2 1.9 0.4 8.5 7.0 Italy 8.8 7.0 11.1 7.3 — 8.1 5.5 – 0.5 5.2 5.0 4.0 United Kingdom 5.7 7.8 2.6 4.8 1.0 — 0.8 2.3 0.8 6.1 4.0 Other industrial countries 8.0 4.9 6.0 8.3 1.9 2.4 1.4 6.3 6.5 4.4 All industrial countries 7.9 5.3 6.2 7.6 3.9 3.3 — 2.3 2.6 8.6 5.1 Of which, Seven major countries above 7.9 5.5 6.2 7.4 4.6 3.6 — 3.6 1.5 9.2 5.4 European countries 7.9 5.8 6.0 7.3 1.3 3.9 0.3 3.8 6.6 4.9 Imports Canada 7.7 1.2 4.0 9. 1 — 5.2 2.7 — 15.3 14.1 23.5 7.7 United States 6.9 12.7 7.4 1.0 – 6.0 0.7 — 5.0 10.0 27.8 11.1 Japan 10.4 3.6 6.6 11.6 — 5.0 –2.4 — 0.7 1.3 8.1 5.5 France 10.2 0.7 6.1 12.2 6.2 —3.9 3.1 — 2.0 2.1 1.5 Germany, Fed. Rep. of 8.0 4.3 7.9 9.2 2.0 – 3.7 0.4 5.2 7.5 4.7 Italy 7.1 — 0.2 7.9 13.9 , 2.8 – 11.3 3.2 1.6 6.5 6.5 United Kingdom 5.2 1.8 4.7 10.6 – 6.0 – 3.9 4.8 6.9 7.2 4.7 Other industrial countries 6.9 3.8 1.4 9.3 0.8 — 3.0 1.8 1.6 5.2 4.1 All industrial countries 7.5 4.4 5.2 8.6 – 1.5 — 2.2 – 0.6 4.4 11.9 6.5 Of which, * & Seven major countries above 7.8 4.7 6.7 8.3 — 2.3 — 1.9 — 1.5 5.5 14.5 7.0 European countries 7.5 2.5 4.1 10.7 1.1 — 4.3 2.0 2.9 5.5 4.2 "Trade in goods only. For classification of countries in groups shown here, see the introduction to this appendix. * Compound annual rates of change. Source: International Monetary Fund, World Economic Outlook, September, 1984, occasional Paper 32, Washington, D.C , , International Monetary Fund. T534. Reprinted with permission. P. 40. International Monetary Fund 24 EndnoteS 1 Security Pacific National Bank. Economic Report (Spring-Summer 1984), p. 107. 2 Shirley Hoffman Rhine. The Impact of Regulations on U.S. Exports (New York: The Conference Board, Report No. 809, 1981), p. 1. 3 Ibid. p. 41. 4 U.S. Congress, Congressional Budget 0ffice. The Economic and Budget Outlook (Washington, D.C. : Government Printing Office, August, 1984), p. 25. 5 º Oswald Johnston. "1984 Trade Deficit Hits $123 Billion", Los Angeles Times (January 31, 1985), Pt. I, p. 1. . 6 "Challenge On Trade", Los Angeles Times (editorial, Feburary 5, 1985), Pt. II, p. 10. 7 - Albert R. Karr. "World Harvests of All Major U.S. Crops Setting Highs, Putting Pressure on Prices", Wall Street Journal (November 12, 1984), p. 32. 8 Jeff Bailey and G. Christian Hill. "Plowed Under: As Many Farms Fail, More Rural Banks Are At Risk of Dying Too", Wall Street Journal (January 1, 1985), p. 1; "93,000 Medium Size Farms in Financial Trouble, Report Says", Los Angeles Times (March 11, 1985), Pt. I, p. 4. 9 George Cabot Lodge and William C. Crum. "Keeping Informed: U.S. Competitiveness: the Policy Tangle", Harvard Business Review, (January- February 1985), p. 34. 10 * "Falling Exports, Rising Support Payments Throwing Farm Economy Out of Sync", National Journal (November 24, 1984), p. 2251. 11 Paul Richter. "HOW Strong Dollar Sells Out Firms", Los Angeles Times (February 2, 1985), Pt. I, p. 1. 12 "The Death of Mining: America Is Losing One of Its Most Basic Industries", Business Week (December 12, 1984), p. 6b. 13 "The Toughest Job in Business: How They're Remaking U.S. Steel", Business Week (February 25, 1985), p. 51. 14 - "Challenge On Trade" 15 John R. Block, U.S. Secretary of Agriculture. Address to the American Association of Port Authorities National Convention (Seattle: September 14, 1983). 16 "Farm Supports", p. 2252. 25 17 Stanley Meisler. “African Famine Grows on Its Fallow Farmlands", Los Angeles Times (March 3, 1985), Pt. IV, p. 2. 18 U.S. Department of Commerce, International Trade Administration. Current International Trade Position of the United States (Washington, D.C. : Government Printing Office, March, 1985). 19 Michael Czinkota. "Alternative Futures For International Trade and Implications for Trade Policy", I ransportation Research Board Conference (Washington, D.C., January 14, 1985); Ronald K. Shelp. "U.S. Shouldn't Ignore Needs of Service Sector", Los Angeles Times (January 27, 1985), Pt. W., p. 3. . 26) William E. Brock in U.S. Congress, House of Representatives, Committee on Ways and Means, Subcommittee on Trade. HearingS –– U.S. Trade Deficit (Washington, D.C.; Government Printing Office, March 28, 29, April 5, 10, 12 and 25, 1984), p. 24; U. S. Congress, Congressional Budget Office. The Economic and Budget Outlook: An Update (Washington, D.C. : Government Printing Office, August, 1984), pp. 24-26; Juan de Onis. "Brazilian Carnival Dedicated to Democracy", Los Angeles Times (February 18, 1985), Pt. I, p. 5; Steve Fraiser and S. Karene Witcher. "Mexican Spat With IMF Over Austerity Could Delay Billions of Dollars in Credits", Wall Street Journal (February 15, 1985), p. 27. \ 21 "Commerce Secretary Sees Wider 1985 Trade Deficit", Wall Street Journal (December 10, 1984), p. 48. 22 - U.S. Department of Commerce, International Trade Administration. Current International Trade Position of the United States (Washington, D.C. : Government Printing Office, November 1984). 23 * Ibid. 24 U.S. Department of Agriculture, Foreign Agricultural Service, World Production and Trade, Weekly Round-up, Supplement 2-85 (Washington, D.C. : Government Printing Office, February 7, 1985). 25 Lawrence Ingrassia. "Plunging Pound: Sterling Drops Sharply Despite Good Health of British Economy", Wall Street Journal (January 1, 1985), p. 1. 26 "For Centuries, Onions Made Good Scents", Los Angeles Times (January 27, 1985), Pt. I, p. 7. 27 Czinkota, op.cit. 28 Lodge. Op. cit. , p. 38. 26 29 "Mexico Hopes Exports Will Help Its Economy Out of the Doldrums", Wall Street Journal (January 31, 1985), p. 1; Roger E. Brinner in U.S. Congress, House of Representatives, Committee on Energy and Commerce, Subcommittee on Commerce, Transportation and Tourism. Hearings -- Trade Deficit and the Economy (Washington, D.C. : Government Printing Office, March 6, 1984), p. 13. 30 Wendy L. Wall. "Grain Contract Prices Decline as Demand For Export Weakens", Wall Street Journal (February 15, 1985), p. 32. 31 Richter. Op. Cit. 32 - Charles P. Wallace. "Saudis: A Revolution in Farming", Los Angeles Limes (March 1, 1985), Pt. I, p. 1; David B. Ottaway. "Saudi Arabia's Well-Oiled Economy Has Slipped Into 1st Big Recession in 2 Decades", Los Angeles Times (January 27, 1985), Pt. W, p. 6. 33 Wall. Op. Cit. 34 Ibid. 35 Art Pine. "Dollar's Rise, a Boon For Many, Also Hurts Major U.S. Industries", Wall Street Journal (February 22, 1985), p. 1; U.S. Congress, Congressional Budget Office. Reducing the Deficit: Spending and Revenue Options, A Report to the Senate and House of Representatives on the Budget Part II (Washington, D.C.: Government Printing Office, February 1985), p. 35. 36 -> - National Coal Association News (No. 4761, February 4, 1985), p. 1. 37 U. S. General Accounting Office. Prospects For Long-Term U.S. Steam Coal Exports to European and Pacific Rim Markets, Report by the U.S. General Accounting Office (Washington, D.C.: Government Printing Office, GAO/NSIAD-83– 08, August 4, 1983), pp. 1-4; see also U.S. Congress, Senate, Committee on Energy and Natural Resources, Subcommittee on Energy and Mineral Resources. Hearings.--Condition of America's Côal Industry (Washington, D.C. : Government Printing Office, November 15, 1983). 38 U. S. General Accounting Office. Prospects For Long- |erm U.S. Steam Coal Exports, pp. 18–21. 39 National Coal Association News (No. 4739, September 4, 1984), p. 3. 40 U.S. General Accounting 0ffice. Prospects For Long-Term U. S. Steam Coal Exports, pp. 23–24. 41 National Coal Association News (No. 4764, February 25, 1985), p. 4. 2/ 42 Brock. Op. cit., pp. 6–7. 43 "Trade Deficit in Quarter Swells to $32.9 Billion", Los Angeles Times (December 18, 1984), Pt. IV, p. 1; "Remaking U.S. Steel", p. 53. 44 U.S. Department of Commerce, International Trade Administration. Current International Trade (Washington, D.C. : Government Printing Office, February 1985). 45 Pine. "Dollar's Rise"; Art Pine. "Rapidly Rising Dollar, Big Trade Deficit Stir More Pleas for Help", Wall Street Journal (February 12, 1985), p. 1; Larry Green. "Main Street: Small Town America Endangered", Los Angeles Times (March 4, 1985), Pt. I, p. 1; Jeff Bailey and Marj Charlier. T"Farm- debt Crunch: Many Growers Get Aid From Farm Banks Unwilling To Take Losses Now", Wall Street Journal (March 4, 1985), p. 1. 46 U.S. Congress, Congressional Budget Office. Charging for Federal Services (Washington, D.C. : Government Printing Office, December 1983). 47 - Lodge. Op. cit. , p. 35. 48 - Ronald W. Reagan. Economic Report of the President (Washington, D.C. : February 1984), pp. 124-127; Igrassia. op.cit.; "Japan Focuses on Basic Research to Close the Creativity Gap", Business Week (February 25, 1985), p. 94. - 49 - John Naisbitt. Megatrends: Ten New Directions Transforming Our Lives (New York: Warner Books, 1984). 50 Harvey Romoff. "Introduction" (Washington, D.C. : Transportation Research Board Conference, January 14, 1985); International Monetary Fund. World Economic Outlook (Washington, D.C.: International Monetary Fund, Occasional Paper 32, September 1984), p. 3. 51 Maxwell Watson, Peter Keller and Donald Mathieson. International Capital Markets: Development and Prospects (Washington, D.C.: International Monetary Fund, Occasional Paper 31, August 1984), p. 2. 52 Czinkota. op.cit. 53 Security Pacific National Bank, Futures Research Division. FutureScan (No. 419, March 4, 1985). . 54 "Charleston Becomes Part of International Team For 'Great Man-Made River' Project", Port News (Charleston, SC: Port of Charleston, South Carolina State Ports Authority, Wol. 38, No. 2, February 1985), p. 10-12. 28 55 Meisler. Op. Cit. 56 Paul Richter. "Foreign Aid Becomes a Troublesome Force in the Battle Over Exports", Los Angeles Times (March 3, 1985), Pt. W, p. 1. 57 Martin Baron. "U.S. Protectionism: Trade: No Nation Has Clean Hands", Los Angeles Times (January 31, 1985), Pt. I, p. 1; Czinkota. op.cit. 58 Czinkota. Op. cit. 59 "U.S. Could Develop New Strategic Metals Sources, Study Finds", Wall Street Journal (January 15, 1985), p. 64; see also U.S. Congress, U.S. Senate, Committee on Energy and Natural Resources. Hearings -- Geopolitics of Strategic Critical Materials (Washington, D.C. : Government Printing Office, May 19, June 20, and July 22, 1983). 29 Chapter III U. S. PORT FACILITIES Introduction - The American port industry ls undergoing raplc change. In a Sense, it acts as a lightning rod for much of the world and American economy. It also ls quite sensitive to how economic forces are translated into Specific public pollcy at the national, state and local levels of government. More observers are recognizing the importance of ports and what they have done and may do for the nation. Citizens, industries, and public officials in maritime areas have long recognized the relationship and their governments have On the whole been supportive. The national government has recognized the importance and value of ports, but has trouble demonstrating it in a Coherent statutory and programmatl.c agenda. Whether it be dredging or merchant marine, Coastal preserva- tion or coal terminal development, increased productivity through technological application (Containers) or longshoremen job preservation and protection, the contrasts continue in many ways. However this simply illustrates further the implicit contradictions of public pollcies that are placed upon the export tran- sportation system and how they become most visible for ports. Aside from recent presldentlal proclamations for National Transportation Week, the President has further stated that export is critical. In his State of the Union message, January 25, 1983, he stated that one out of five jobs in the country is tied to export. Furthermore, he mentioned the intent to propose a Coordinated foreign trade pollcy. In recent years more attention has been given to the multifaceted port industry. The following information summarizes the status of the port industry. Port Facilities The American port industry ls diverse. There are many different components and organizational form; and relationships with public and prlvate agencies vary too. A sºmºlary report from the U. S. Department of Transportation noted the tollowing” (Table III-1, 2): l. There are l83 Commercial seaports on all coasts (including Great Lakes); 2. These deep draft ports require Only two percent or l650 mileS Of COast; 3. There are 2871 deep draft berths for Ocean going vessels including l396 for general Cargo, 699 for dry bulk and 776 for liquid bulk; 4. There are approximately 25,000 miles of commercially-navigable inland waterways, of which the Mississilpi System accounts for lo,000 miles along with the Gulf, intracoastal, Alabama River, and Columbia/Snake River Systems. 30 Table III-1 U.S. Seaport Terminal Facilities by Region!/ NUMBER AND Type of Berths GENERAL CARGO FACILITIES BULK CARGO FACILITIES Tſ" "TTT specializep AE- - NUMBER | TOTAL NUMRER | CONVENTIONAL GENERAL CARGO DRY BULR LIQUID BULK TÜTh I, REGION roºs renºus arraraulx Tcontainerſ Royroſaargº ship ſcºrin Tcom. Toneſother ſpºrno,Tusc/ird Torner NORTH ATLANTIC 27 322 308 54 26 5 13 || 23 14 || 47 | 85 6 B 4 715 SO}}TH ATLANTIC 24 1 4 3 1) 6 21 30 2 l l 3 26 65 l 1 3 279 GULF 24 358 252 12 14 6 29 9 7 51 1.37 2 68 527 SOUTH PACIFIC 37 222 189 5] 21 2 8 5 - 29 90 gº 23 4 : 8 NORTH PACIFIC 43 204 142 26 9 s 19 gº 8 54 76 * -º 13 34 7 GREAT LAKES 28 317 110 *ge - - . 47 || 65 47 193 se sº 15 3.25 TOTAL 183 1,566 l, 117 164 100 15 117 | 103 || 79 || 400 60l. 9 166 2, R7 l includes those commercial cargo-handling facilities with a minimum depth alongside of 25 feet for the ocean cºastal ports ard 18 feet for the Great Lakes ports. Source : Maritime Administration, Office of Port and Intermodal Development, Port Facility Inventory, 1975-1983; and - U.S. Army Corps of Engineers, Water Resources Support Center, Port series TT972-T553. Source: U.S. Department of Transportation, Maritime Administration. A Report to the Congress on the # Of #e Public Ports of the United States (Washington, D.C.: Government Printing Office, August | 3 |} , 8. g Table III-2 Commercially Navigable Waterways of the United States by Lengths and depths}/ Lengths in Miles of Waterways and Corresponding Depths Waterway Groups thrder 6 to 9 to l2 to 14 ft. - 6 ft. 9 ft. 12 ft. l4 ft. & Over | Total Atlantic Coast Waterways | l, 426 l, 24]. 584 938 l,581 5,770 Atlantic Intracoastal Waterway-Norfolk, Va. to Key West, Fla. tº 65 65 l, 104 º l, 234 Gulf coast Waterways 2,055 ô47 l, lº& 79 378 4,292 Gulf-Intracoastal Waterway-St. Marks, Fla. * to the Mexican Border Gº tºº tºº l, i37 * * l, 137 Mississippi River System 2,020 969 4,957 740 268 8,954 Pacific Coast Waterways 730 498 237 26 2,084 3,575 Great Lakes. 45 89 º 8 348 490 All Other Waterways 76 7 º l g 7 9] Grand Total 6,352 3,516 6,976 - 4,033 4,666 || 25,543 1/ The mileages in this table represent the lengths of all navigable channels of the United States, including those improved by the Federal Government, or other agencies, and those which have not been improved but are usable for commercial navigation. Source: U.S. Army Corps of Engineers Source: U.S. Department of Transportation, Maritime Administration. A Report to the Conqress, on the Status of the Public Ports of the United States (Washington, D.C.: Government Printing Office, August 1934), p. 3. 31 The inland systems, have over la 60 barge tacllities in lix U major river- ports. These ports have a tremendous influence upon the national economy. In 1980 they generated the following activity: l. Handled Over 2 billion Short tons Of trade. 2. Added $5.5 billion from Custom tees to the treasury. 3. Contributed over $35 billion to the gross national product. 4. Generated $70 billion in direct and indirect dollar income from gross sales and services to its users. 5. Invested Over $5 billion from l946 to l980 in Capital facilities and antlcipated by l990 an additional $5 billion. 6. Inland ports anticipated $4.8 billion investment through l890. Port Structures To accomplish these impressive statistics a variety of organizational structures have been developed over the years. For the most part, the type of organization (and its relationship to various levels of intergovernmental Opera- tion) depends upon the sector of the country and the age of the port. In the North Atlantic (where jurisdictions are more compact and densely populated) of approaches used lnclude municipal ports, bi-state port authority, state port authoritles and departments of transportation. Moving southerly, public Corpora- tions and state port authorities seem to become more in use, and along the Gulf Coast the independent navigation district is the predominant pattern as well as in the North Pacific area. The South Pacific is a mixture of municipal ports and independent navigation districts with some state influence. All in all, the predominate form throughout the Country is the independent navigation district with shared rankings of autonomous state chartered public Corporations and muni- Cipal port departments. See the following American Association of Port Authori- ties description, Table IIT-3. Although according to this table states have a more limited role in their establishment and Connection to port authorities, statistics suggest something different. The American Association of State Highways and Transportation Oftl- Cials studied state involvement and found that: l. Twenty-two states have funding programs for land— Site port and Cargo facilities. 2. States invested $674.7 milllion between l977 and l981. 3. Tidewater land-site ports received $531.3 million state investments, Great Lake ports $66.9 million and inland waterway terminals $76.4 million. 4. The East Coast and the Gulf Coast received the most state investment money at $272.5 and $245.9 million, respectively. 5. The Midwest and the West received much less at $98.4 milllion and 57.9 million, respectively. 32 Table III-3 Types of U.S. Port Authorities by Region1/ State State County Independent Autonomous Regi Dept. of Port Bi-State Municipal Port Navigation Municipal State-Chartered No. of 99 lon Transport. Auth. Port Auth. Port Dept. Dept. D18tricts Port Corp. Public Corp. For ts North Atlantic l 2 3 * * l l 3 13 south Atlantic?/ 3 gº * = i l * 4 10 Gulf l 12 dº 3 20 . sº * = South Pacifica/ sº 6 E- * * 13 North Pacific!/ º º º 13 Eº gº l 4 2l53 § - Great Lakes sº l º gº 2 * 5 10 TOTALS 6 5 2 l4 2 35 1 15 80 1/Based on total of 80 U. S. ports which comprise the corporate membership of the American Association of Port Authorities (AAPA) . 2/Includes Puerto Rico and the U.S. Virgin Islands. 2/Includes Hawaii and Guam. **Includes Alaska. Source: The American Association of Port Authorities. AAPA ADvisory, vol. xv.1, No. 49 (Washington, D. C., * December 6, 1982). * - Reprinted with permission. 6. State port and terminal construction funds are administered by nine state departments of trans- portation, eight state port authorities, four state economlc development agencies and one capital development agency. 7. Various procedures are used tor state funding authorization, including twelve at discretion of state agencies, ten legislator-enactment of state agency recommendations, five by legislative authorization on a project-by-project basis. 8. Funding sources include, general obligation bonds, general revenue funds, revenue bonds, user Charges and excise taxes; the largest Sources provided by general obligation bonds at $309.4 million. 9. In addition to the elght state port authorities, there are 239 local port authorities, port departments, dock boards, or port Commissions created by state and local units of government to develop port facilities. t Nationwide for the tour year period between 1977 to 1981, funding levels have been relatively consistent ranging from a low of $107 million to a high of $173 million, though beginning to drop off again in the 1981 period. And, Certain states have been predominantly involved with funding port facilities (principally Louisiana and South Carolina) for deep draft ports on the Coast. Illinois and Indiana have been involved with Great Lakes ports, and Indiana and Louisiana for lnland waterways. Most states fund projects whlch purchase land, Construct piers, docks and wharves, buildings, storage areas and facilities, Cargo handling equipment, access roadways and railspurs, dock and navigatlon Channel dredging, 33 Cargo terminal insurance and security facilities.” Most states also have per Sive funding powers granted to local port authorities within local government rules and regulations. So, for example, local port authorities are allowed to issue revenue bonds, general obligation bonds, industrial revenue bonds, borrow money, receive grants or loans from the state, r;ceive grants or loans from federal agencies. Far fewer are able to levy taxes. To generate and support this amount of activity, ports have to charge fees and collect revenues for its services.’ General obligation bonds are the main Source of funds (twenty-eight percent); revenue bonds (twenty-five percent) and port revenues (twenty-two percent) are also important. Previous studies have found that ports use a variety of methodologies for determining their cost and charging fees and tariffs. The AAPA further found that it would be desirable to have a consistent aproach available to the ports. And, the U. S. General ACCoun- ting Office identified a growing problem in the late l970's regarding ports' financial position. Being a very competitive industry, such rate formulation Was almost privileged information and did help one port maintain its edge Over another port. On the other hand, unbridled "cut-throat" competition, would if left unconstrained, hurt some ports so much so that they would have severe financial difficulties. Although the situation was not yet chaotic, the potential did exist. Other transportation industries are now beginning to experience true deregulation and free flow pricing, i.e., railroads and trucking. They are, according to many shippers, approaching Chaos. The port industry, though never being so closely regulated, has had the independence of pricing and relied upon the marketplace to maintain its relationships and its long-term stability. Fourteen port authority structures representing all types were examined.” Earnings potential came from a variety of sources. Six of the ports were opera- ting ports and eight were run by lessees and contractors. The majority earn their monies from usage revenues, principally from terminal fees and wharfage activities. An underlying message is that ports are quite sensitive to the volume of activity and their fee structure has a tight margin of profit. The more flexibility they have in adjusting their fees, the more possibility they Can work closely with shippers and Carriers to combine the best package for export activitles. This allows and encourages competition in the marketplace and is generally healthy. Still, the Central point is that cargo volume (not value) is the source of income for most of the ports. - Several Other #spects of the American port system must be noted at the outset of this study: l. 42.2% of the berths in the nation are in port city population zones of 500,000 or more; 2. 28.6% of the berths in the nation are in port city population zones of 100,000 to 499,999; 3. The physical condition of the ports is in acceptable shape--58% of the national average as "good" and 29% of the national average as "fair;" 4. Between l970–1976, the industry invested $138,689,000 in federally mandated environmental protection (70%); employee health/safety (ll?); and cargo security (19%); 5. Between 1970–1976 the industry incurred $55,121,000 in operating Costs for environmental protection (22%), employee health/safety (ll%), and cargo security (67%). 34 The fact that most of the capacity is in already developed urban population areas lS not Surprising. What is of potential Concern is, Should these facilities require upgrading, modernization, or expansion, there simply may not be Suffloient land surface area. Some ports have had to create new acreage from their dredge material Another aspect of this is the potential expansion of trelght movement to and from the harbors through the densely populated areas. More and more Conflicts with COmpeting public purposes pollcies are bound to OCCur. At Some point, local jurisdlctions may face the hard decisions— "should our port remain at its current level of activity with its known impacts, or Should it be allowed to lncrease activity Signifl- cantly and have possibly Commensurate urban impacts?" Lastly, the total foreign waterborne commerce (export and import) in l983 was 735, l'98,000 short tons valued at $269,391,000,000. The leading tonnage was handled by New York. Tables III-4 and 5 show the total commerce, export data and port rankings. Preliminary figures indicate the downward trend of l981-83 was reversed ln l984. Conclusion The coastal and inland ports of the United States represent a major econo- mic and transportation activity. Their role and influence, Collectively, ls tremendous. Yet, polltically, the governmental system responds in a fragmented Way which in part represents the nature of the port and transportation industry. Even on key issues that cut across the lifeblood of port activities, that is, the Capacity of facilities to handle large size vessels, and Channel and harbor dredging, for example, disagreement exists. Free enterprise attitude and the realities of competitive pricing directly affect port income sources. Pressures from local and state agencies or private operators to ralse or lower charges illustrates their difficulty. Reaching a common position, good for the whole industry, on such matters is a Complex process. *U.S. Department of Transportation, Maritime Administration, A Report to the Congress on the Status of the Public Ports of the United States (Washington, D.C.: U.S. Government Printing Office, August l984), pp. 3-ll. *American Association of State Highway and Transportation Officials, Survey of State Funding of Landsite Port Facilities and Cargo Terminals–1982 (Washington, D.C., l'982), p. 3. *Ibid, P- 26. “Ibid, P- 36. *U.S. Army Corps of Engineers, A Public Port Financing Study (Washington, D.C.: Government Printing Office, Institute for Water Resources, June, l984), p.VII-XI. *U.S. Department of Transportation, Usage Pricing for Public Marine Terminal Facilities—Volume I (Washington, D.C.: U.S. Government Printing Office, Decem- ber 1981), pp. l-lD. w "U.S. Department of Commerce, Maritime Administration, National Port Assessment l980/1990 (Washington, D.C.: U.S. Government Printing Office, 1980), pp. 13-27. 35 TOTAL UNITED STATES New York, NY Houston, TX New Orleans, LA Norfolk, WA Philadelphia, PA BALTIMORE, MD Tampa, FL Long Beach, CA Baton Rouge, LA Corpus Christi, TX Portland, OR Newport News, WA Mobile, AL Marcus Hook, PA Los Angeles, CA Tacoma, WA Seattle, WA Galveston, TX Savannah, GA Paulsboro, NJ Boston, MA Richmond, CA Portland, ME Charleston, SC Oakland, CA Jacksonville, FL Wilmington, NC San Francisco, CA Stockton, CA *Position - 1983 SOurce: SHORT TONS 1983 135,198,000 51,714,500 13, 363,900 13, 307,500 12,212,000 9,613,500 8,976,000 8, 151,000 8,258,500 7,292,000 6,020,000 TOTAL FOREIGN WATERBORNE COMMERCE - LEADING UNITED STATES SEAPORTS* 1982 Löl, 191,000 l,7,1130,500 l,8,167,000 l;7, 153,500 l,6,915,200 25,679,000 30,682,700 16,962,500 19,8116,000 23, 193,500 18,782,500 . : 9: : i i t Calendar Years 1983 and 1982 % O f Table III — 4 Change Maryland Department of Transportation. Report - 1983 (Baltimore: Mai 6 º 6 ºQ©e 1 : e. i 2 TOTAL UNITED STATES New York, NY Long Beach, CA Bouston, TX Los Angeles, CA Seattle, WA BALTIMORE, MD New Orleans, LA Oakland, CA Norfolk, WA Philadelphia, PA Savannah, GA Charleston, SC Portland, OR Jacksonville, FL Tacoma, WA Corpus Christi, TX Galveston, TX Baton Rouge, LA Boston, MA Marcus Hook, PA Tampa, FL Portland, ME Newport News, WA San Francisco, CA Wilmington, NC * Richmond, CA Paulsboro, NJ Mobile, AL Stockton, CA 1983 $ 269,391,000,000 $ l;2, 7|13,000,000 20, 103,000,000 17,953,000,000 15, l;71,000,000 1,376,000,000 12,797,500,000 11, 192,000,000 9,519,000,000 8,611,000,000 6,202,000,000 l,781,000,000 l, ;77l,000,000 l, 388,000,000 l,063,000,000 3, l;76,000,000 3, 113,000,000 2,772,000,000 2,765,000,000 2,709,000,000 2,658,000,000 1,937,000,000 1,936,000,000 1,726,000,000 1,703,000,000 1,671,000,000 1,515,000,000 1 ,l,62 ,000,000 1,161,000,000 13,000,000 $ 283,216,000,000 DOLLAR VALUE 1982 $ lui,612,000,000 Foreign Commerce Statistical Maryland Port AdminisłFäEion, 1983), E. IO. 17,936,000,000 23,961,000,000 11, 129,000,000 13,070,000,000 1l, 22L, l,00,000 13,793,000,000 10,016,000,000 10,318,000,000 7,099,000,000 lı,210,000,000 % of -. :! ºeºº©e !1: i : 3: º § SHORT TONS - DOLLAR WALUE % Of 1983 1982 Change 1983 1982 TOTAL UNITED STATES 363,298,500 O3, 1 35, OOO =–2-2 TOTAL UNITED STATES $ 105,169,000,000 $ 120,0l,5,000,000 Norfolk, WA 29, 152,100 l;2,871,700 - 32.0 New York, NY $ 12,019,000,000 $ 14, 100,000,000 New Orleans, L.A . 24,593,500 28,850,500 - 111.8 Houston, TX 10,301,000,000 13,358,000,000 Houston, TX 22,295,500 25,909,500 - 13.9 BALTIMORE, MD 6,958,600,000 8,556,200,000 Tampa, FL 16, 35,000 13,512,500 + 21 ... O New Orleans, LA 6,541,000,000 7,793,000,000 Baton Rouge, LA 13, l;03,000 14,986,500 - 10.6 Norfolk, WA 5,609,000,000 7,305,000,000 Portland, OR 12,521,000 11,209,500 + 11.7 Long Beach, CA 5, 186,000,000 5,246,000,000 BALTIMORE, MD 12,216, 200 20,845,600 - l;1.l. Oakland, CA l,737,000,000 5,277,000,000 Long Beach, CA 12,203,500 12,1168,500 - 2. 1 Los Angeles, CA 3,605,000,000 3,803,000,000 J Newport News, VA 11,827,500 18,557,500 - 36.3 Seattle, WA 2,521,000,000 2,602,000,000 ~! Mobile, AL f 10,215,900 11,969,300 - 11.6 Charleston, SC 2,517,000,000 2,797,000,000 Galveston, TX 7, 112,500 5,596,000 + 27.6 Savannah, GA 2,252,000,000 2,080,000,000 Tacoma, WA - 7,037,000 5,733,000 + 22.7 Portland, OR 2, 172,000,000 1,892,000,000 Los Angeles, CA 6,060,000 7, Olı0,500 - 13.9 Galveston, TX 2,050,000,000 1,873,000,000 New York, NY 5,1118,000 5,730,500 - 5.5 Baton Rouge, LA 1,993,000,000 2,315,000,000 Seattle, WA l,552,500 3,952,000 + 15.2 Tampa, FL 1,259,000,000 1, 179,000,000 Philadelphia, PA l, 269,500 5, lull",500 – 21.6 Philadelphia, PA 1,242,000,000 1,583,000,000 Savannah, GA lu, 135,500 l, 708,000 - 12.2 Newport News, WA 1,178,000,000 1,709,000,000 Corpus Christi, TX 3,036,000 3,066,000 - 1.0 Wilmington, NC 1,046,000,000 1,233,000,000 Oakland, CA 2,730,000 2,926,000 – 6.7 Tacoma, WA 98/1,000,000 9||13,000,000 Richmond, CA * 2,560,000 1, 160,500 + 120.6 Jacksonville, FL 81,7,000,000 987,000,000 Charleston, SC 2,556,000 2,315,000 + 10.1; Mobile, AL * 791,000,000 1,229,000,000 Jacksonville, FL 2, 110,000 2,359,500 - 10.6 San Francisco, CA 677,000,000 963,000,000 Wilmington, NC 692,000 775,000 - 10.7 Richmond, CA 6Ol;,000,000 388,000,000 Stockton, CA 680,000 930,000 - 26.9 Corpus Christi, TX 5||11,000,000 6L6,000,000 San Francisco, CA 668,500 795, OOO - 15.9 Boston, MA 538,000,000 660,000,000 Boston, MA 623,000 l;98,000 + 25.1 Stockton, CA 106,000,000 122,000,000 Paulsboro, NJ 293,000 230,500 + 27. 1 Paulsboro, NJ 67,000,000 65,000,000 Marcus Hook, PA 153,500 128,500 + 19.5 Marcus Hook, PA 52,000,000 l;6,000,000 Portland, ME 25,500 9,000 + 1,10.0 Portland, ME 3,000,000 15,000,000 Table TT I – 5 FOREIGN EXPORT WATERBORNE COMMERCE - LEADING UNITED STATES SEAPORTS* Calendar Years 1983 and 1982 *Position - 1983 Source: Marvland Department of Transportation. Foreign Commerce Statistical Report – 1983 (Baltimore: Maryland Port Administration, 1983), p. 11. PART II - INTERGOVERNMENTAL POLICY SYSTEM OPERATION AND CHALLENGES This section discusses current operations and Challenges of intergovernmen- tal public policy. It is based upon Part I - System Development, which explained the American export situation and how it is served by the port transportation system. The orientation of the material in Part II is from the general to the specific. Chapter IV discusses the broad intergovernmental policy system in terms of federal, state and local laws and regulations which may directly or indirectly affect export transportation. Chapter V addresses the more narrow based aspect of intergovernmental policy dealing with regulation. Even though it is a large field in its own right, transportation regulation is still a subsidiary element of the intergovernmental public policy framework. Chapter VI reviews Selected major export seaports in the country with reference to contact with the intergovernmental system. Lastly, Chapter VII analyzes intergovernmental public pollcy addressing seaport and channel dredging. The discussion on dredgling inte- grates many Specific federal, State and local policies as almost important and complex example of how the intergovernmental system operates in just One segment. Chapter IV =INTERGOVERNMENTAL PUBLIC POLICY SYSTEM Introduction The concept of lintergovernmental public pollcy is relatively new in terms of historical development of the American federalism system. In the simplest, theo- retical sense, it is the belief that each level of government has clear cut responsibilities. The federal government has one set, state government and local government still another. To the Corporate manager attempting to export or to the informed government employee, or citizen, only a small piece of the system is visible. It is only when things begin to go awry does it become obvious that the system is far more involved than this initially simplistic notion. For that reason, this chapter describes in general terms the intergovernmental public policy system, its relationship to export transportation, the participants in that system, policy mechanisms to influence activity, and how the separate but comingled Worlds of intergovernmental policy and export transportation systems COntact and interact. - Development of Intergovernmental System The intergovernmental public policy system is a composite framework of federal. State and local laws and policies for the conduct of their official responsibilities. The system relates vertically and horizontally in several ways. For example, vertical inter relationships may be between two levels of government (local to state, or state to federal) or within one specific func- tional Category (local transportation agencies relating to state transportation agencies, or state relating to federal). Horizontal interrelationships are found in One level of government. Local governmental agencies must work with each other in many ways in different functions. The same horizontal scale occurs for state and federal agencies. Adding to this executive and administrative complex- ity are the traditional, other two branches of government at each level. Legis- lative and judicial Sections have influence as well on the intergovernmental public policy system. So, when first thinking about the intergovernmental public policy System, one must immediately have this framework in mind and the placement of the discussion in the hierarchy of the framework - whether a problem relates 38 to vertical Or horizontal interrelationships; or, is it solely within one element of a governmental operation? Is the matter a responsibility of only one branch, legislative, executive/administrative or judicial? Or, is it part of several in combination? - Although the basic, simple intergovernmental framework was established at the very founding of the nation and has been elaborated, it was not until the stlmulus of population growth and rapid urbanization, interrupted by two world Wars, that governmental activity truly grew and fleshed out the framework. As more and more people moved from the farm to urban areas, or migrated to the United States, population densities and political power grew in urban centers. These large populations required governmental structure and services to meet their needs. Much of the growth of the federal domestic structure and state and local governmental activities occurred as a result. A second major stimulus for growth of the intergovernmental policy framework was military necessity. The federal government, in order to protect the nation in two all-consuming wars, increased its power and program. It expanded activities for defense and interstate commerce to facilitate military preparedness and economic strength. For the most part the defense aspects are separate from the domestic program structure. But there are overlaps and points-of-contact when it comes to domestic functions of commerce and transportation. For example, it is necessary to have an internal transport system able to meet defense logistical needs. It is necessary to have a strong economy with promotion of internation trade to help Support industrial and agricultural Capability. It is necessary to have a strong economy for the preservation and support of the domestic population. There are other examples of how overlap may occur, however for the goals of this research the relationship is kept distinct. The most common form of federal activity has been subsidy. Beginning with the land grant program for establishing an agricultural university system, to the present day cash grants or aid for a desired activity, it has been a frequent practice. Since 1969, according to the Advisory Commission on Intergovernmental Relations, subsidy has been supplanted by regulation. It is a "dramatic shift" and strongly influences states and localities. "Although the upward climb in grants subsidy persisted during most of this era, federal policy makers also turned increasingly to neºn more intrusive, and more compulsory regulatory pro- grams to work their will." Regulation became increasingly pervasive until the early l980's. Characterized in qualitative terms, subsidy would be an incentive for an individual or organization to behave in a certain way, and regulation would be a coercion or sanction backed by penalties to behave in a certain way. It would appear that the intergovernmental system has definitely received greater direction of the negative-type (through regulation) due to the growth of federal program activities and intrusion into state and local governmental affairs. And, it is apparent that states and their localities have acquired the practice for their own subagencies and jurisdictions. Part of this is tied to the very human notion that money is not passed out freely. Expectations are stated and connected to grant awards. Yet, in many programs the two, although clear here for definitional purposes, are not so separate ln operation and they often are blended and fused 39 together. Few pure types seem to exist. Both seem to be elements of a Continuum showing diverse parameters in practice. Subsldies or Cash grants with few strings would be at one side of the continuum; on the other would be regulatory pollcy with Sanctions and penalities. Particleants in the Intergovernmental Policy System - In the broadest sense, American Organization Culture has two large divi- sions which are the public or governmental sector and the private Sector. Within and between each are a wide range of possibilities. Sometimes they are Called quasi-public, quasi-private, or nonprofit agencies or Organizations. In the public Sector is the basic division of federal, State and local government (COmposed Of regional, county, municipalities, and special districts). More often than not, the special district or public authority such as a seaport is another example of local government with private like powers acting as a free agent in the public realm. On the private sector side, governed by the marketplace are Organizations providing services, goods and commodities within the requirements of the inter- governmental policy system. They may be prlvate seaport terminals, transportation Carriers, producers of export goods and services and many other Orgalzatlons. Both public and the private sectors also operate within a free market type system, interacting as interests meet. The intergovernmental pollcy systems attempts to exert influence in a positive way upon that open Operation by establishing game rules and constraints. To the extent the system provides incentives, the market- place will behave in One way. If Sanctions are wielded, the marketplace and the players will perform in a different way. With little or no governmental guidance, the free market place will resolve most problems by itself, according to theory. In reallty, the existence of our intergovernmental pollcy system in part presumes that the marketplace needs more guidance and direction. By assigning functions to different levels and types of government, specific benefits will accrue and will improve overall well-being of the economy and the population. Since late l970's, Some have questioned these assumptions and sought improvements. Is it possible that government Collectively and individually should back out and provide less subsidy and regulation? These are new thoughts Compared to the last thirty years and strike at the very heart of the intergovernmental policy system as developed through the 1970's. Current discussion is lively and fluid, although broad perameters have been established by transferring federally Collected tax funds to state and local governments, sharing more power with state and local governments, and lastly lessening subsidy and regulation in some areas (particularly the transportation Sector). Policy Mechanisms to Influence Activity Perhaps a key feature to note about intergovernmental regulation is that it has a significant factor of Compulsion. In some ways, it is "more nearly manda- tory" upon state and local governments. There are four types of federal programs utilizing the following techni- ques: l. direct Orders 2. Cross Cutting requirements 3. CrOSSOver Sanctions 40 4. partlal preemptions Table IV – l lllustrates how they operate in potential policy areas of lnvol- vement. The most prevalant one used appears to be cross cutting requirements. Partial preemption has sometimes been called a substitution approach and is most evident in the Clean Air Act of l970. Fiscal penalties occur under crossover sanctions such as ln Highway Beautiflcation or the Emergency Highway Energy Conservation Act Of l974. Table IV-1 A Typology of Intergovernmental Regulatory Programs Program - Type - Description - Major Policy Areas Employed Direct Orders Mandate state or local actions under Public employment, environmental pro- the threat of criminal or civil penal- tection ties f Crosscutting Re- Apply to all or many federal Nondiscrimination, environmental pro- quirements assistance programs tection, public employment, assistance management Crossover Sanc- Threaten the termination or reduc- Highway safety and beautification, en- tions tion of aid provided under one or vironmental protection, health planning, more specified programs unless the handicapped education requirements of another program are satisfied Partial Preemp- Establish federal standards, but del- Environmental protection, natural re- tions egate administration to states if they sources, occupational safety and adopt standards equivalent to the health, meat and poultry inspection national Ones - Source: Advisory Commission on Intergovernmental Relations: Regulatory Federalism: Policy, Process, Impact and Reform (Washington, D.C. : Government Printing Office, February 1984, A-95) p. 8. These techniques of regulation have been developed, at first, incrementaly and then later in at least thirty-two major statutes of intergovernmental regula- tion between 1960 and 1980. Table IV-2 identifies them in historical chronology. In addition to regulation generated by federal. programs, there are Other techniques that influence activities in the federal program structure. They need to be identified here as reminders of the variety of means of influence. As noted, subsidy is a principal form of incentive. The monies granted by subsidy could be accomplished by formula allocation, based upon some pre-agreed approach, to the recipents. Revenue sharing as a grant-in-aid type program is a variation upon tormula in which money is being returned to a jurisdiction through a block of tunds with tew or no restrictions. Other techniques include benefits in tax law, no interest or low interest loans, and sharing of cost for desired 4l aCtiVities. Table IV-2 Major Statutes of Intergovernmental Regulation, 1960–80 1964 Civil Rights Act (Title VI) Rehabilitation Act (Section 504) 1965 Highway Beautification Act Endangered Species Act Water Quality Act 1974 Age Discrimination Employment 1966 National Historic Preservation Act Act Safe Drinking Water Act 1967 Wholesome Meat Act National Health Planning and Re- 1968 Civil Rights Act (Title VIII) sources Development Act Architectural Barriers Act Emergency Highway Energy Con- Wholesome Poultry Products Act Servation Act 1969 National Environmental Policy Family Educational Rights and Act Privacy Act 1970 Occupational Safety and Health Fair Labor Standards Act Amend- Act ments Clean Air Act Amendments 1975 Education for All Handicapped Uniform Relocation Assistance "Children Act and Real Property Aquisition Age Discrimination Act Policies Act 1976 Resource Conservation and Re- 1972 Federal Water Pollution Control covery Act - Act Amendments 1977 Surface Mining Control and Rec- Equal Employment Opportunity lamation Act Act Marine Protection Research and Education Act Amendments (Title Sanctuaries Act Amendments IX) 1978 National Energy Conservation Coastal Zone Management Act Policy Act r Federal Insecticide, Fungicide, Public Utility Regulatory Policy and Rodenticide Act Act 1973 Flood Disaster Protection Act Natural Gas Policy Act Source: Advisory Commission on Intergovernmental Relations. Regulatory Federalism: Policy, Process, Impact and Reform (Washington, D.C.: Government Printing Office, February 1984, A-95), p. 6. Regulation certainly includes the four Categories of direct Orders, Cross cutting requirements, CrossOvers Sanctions, partial preemption. It also includes devices serving as a medium for these techniques such as licenses, permits, standards, criteria, guidelines, and direct requirements. Each of these has an implicit and sometimes very obvious Condition that a certain mode of behavior is desired in order to receive approval to Operate Or to receive the benefits granted. Enforcement Serves as a form of regulation. It relles upon fines, penal- ties and prohibition. Often, enforcement may be only partly, or not at all, utll lzed. Thus the players in the system may well know that some activities are not seriously targeted for Compliance. Not noted as part of the kit of subsidy, regulatlon and enforcement is a Concept that is actually the social and economic political glue holding the System together and allowing it to work. Leadership is that theoretlal element. At some point a Credible and workable statement of philosophy, goals and objec- tlves is necessary for public pollcy to be implemented effectively by the play- ers. It does require Shared participation in the formulation and implementation of that pollcy. Consensus must exist for delivery and continued success. There must also be forums to resolve disagreement and conflict, intormally and formally With in the system or Outside the system. Each of these matters depends upon the degree of leadership provided at the appropiate Jurisdictional level. If that ingredient is missing then a free-for-all system is in effect. Judgements will be acCOmplished by many independent discrete actions by the parties. Sometimes, they will Only be resolved by special legislation, rulings, or judicial action. Additional devices for influencing activity throughout the intergovernmental system” are described in Table IV-3. Indirect management may influence program SCOpe and Contents, program delivery, program control, and all of proceedings. The devices range from legislation and budgets to requests for proposal, training, audits, evaluations, selection of key operational personnel. Each of these provides real meaning to the concept of policy mechanisms to influence activity. All of them occur at each level of government but with the principal lnfluence being from the higher to the lower level of government. On OCCaSiOn, they may occur in One level but among agencies that must coordinate. Some belleve that the judiciary (federal and state) has been too active, While others suggest too acquiescent. In either Case, most observers agree that the Court system has had singular impact upon intergovernmental pollcy. Often one decision on a narrow part of programmtic law could well influence many other programs through the establishment of a precedent, or the broad applicatlon of its interpretation. - With the intergovernmental pollcy System and the new forms of regulation, numerous problems have been identified. One particular array is the following SeVen: & . l. Cost 2. inflexibility 3. inefficiency 4. inconsistency 5. intrusiveness 6. ineffectlveness 7. unacountability In support of these seven elements age insightful Observations regarding the implementation of the regulatory process. * Substantial delays are frequently encountered between passage of a regulatory statute and the beginning of actual administration and enforcement. 43 Table IV -3 Devices for Indirect Management of Intergovernmental Programs Area of Influence Devices Program Scope and Legislation Contents Budget —Proposal —Authorization —Appropriation Formal regulations —Prohibitions —Standards —Requirements Interpretation of Regulations Grant Applications (Assurances, formal plans) Program Delivery RFP (Request for Proposal) Proposals (Bids) Reimbursement Procedures Technical Assistance Training Program Control Plan Review and Approval Licensing Contract Negotiations Interpretation of Regulations and issuance of waivers - Audits (financial, program) and disallowances .. Monitoring: inspections, site visits Evaluations Sanctions: withholding future funding support, closing facilities All of the Above Influence on selection of key operational personnel Source: Stephen R. Rosenthal. "New Directions for Evaluating Intergovernmental Programs", Public Administration Review (November/ December 1984). p. 474. Reprinted with Permission from* Public Administration Review Q1984 by The American Society for Public Administration, TIZOTC Street, N.W., Suite 500 Washington, D.C. All rights reserved. 44 * Legislative language and history often provide insufficient guidance On Crucial Operational questions. * In many Cases the technical or scientific information required for efficient and effective regulation is not available. * Issues not addressed or left unresolved by the Congress often erupt into intense political Conflict during the rulemaking stage. * Federal regulators tend toward expansive, inflexible, and Costly interpretations of national requirements. * Overly Stringent or unrealistic regulatory standards and re- quirements actually may hamper progress toward national goals. * The new forms of federal lntergovernmental regulation have been litigated heavily, adding to delays and uncertainties. - * Federal courts typically have upheld agency interpretations of legislatlve intent, have urged faster action, tighter standards, and more vigorous enforcement. * Federal agencies generally lack adequate capacity and resources to assure full Compliance with regulatory requirements. * For administrative and polltical reasons, federal otfloials are Often reluctant to lmpose harsh Sanctions against State and local government that fail to meet national standards or deadlines. * Attainment of regulatory objectives depends heavily upon the leadership and Commitment of target jurisdictions. Implementing such programs no doubt encounters many of the above problems. Flrst, "writing rules - easier said than done". It may be quite complex, include regulatory delay, agency mismanagement, administrative Complexity, statu- tory ambiguity, and political conflict. Once written the regulations may be too broad or too narrow. They in turn will be subject to Confusing and complex dynamics in regulation within the specific requirements of the statute. The motivations of the bureaucracy and scrutiny from the judicary must be Consid- ered. In this sequence, the weakest link seems to be in enforcement. Often it is due to administrative and technical infeasibility, limited resources and political llabilities. These are in broad brush the mechanisms available to influence activity Within the intergovernmental system. They are mainly applied by the federal government to state and local governments, however they are more and more used by States to their localities and within each level of government. At the same tlme, individual governmental units and their agencies, as well as private CorpO- rations, act independently within the system and must deal with the variety of techiques and devices designed to achieve Some goal of public pollcy. As noted in the criticisms a program may in an abstract way be manageable and "reasonable" for compliance by subject parties. But if many are necessary to respond to, all at Once, before a particular activity receives approval, then progress is far more difficult, time consuming and possibily expensive. For a private agency pro- 45 posing some activity or attempting to expand an activity, this feature of cumulative Corrsponding complexity is most significant. It would work the same for a public agency however the expense is not as visible and, possibily, not as lmmediately Crucial. Export Transportation Policy Federal statutes, illustrating the new forms of regulatlon, govern very much the export transportation system. An ACIR study of regulations Slnce 1960 includes over thirty-six that potentially apply to the export transpo-rtation sector (Table IV-4). For the most part, it would appear that of the Cross Cutting type requirements, socio-economic pollcies total thrlty-six. The primary category would be environmental protection containing Sixteen separate pieces of legislation. Protection and advancement of the economy Contalns three pieces of legislation and the section on labor standards also three pieces. There are Over twenty-three adminstrative and fiscal pollcies requirements governing public employee standards (two) for administrative and procedural requirements of a general kind (ten) and recipient-related administrative and flscal requirements (nine). Another study polled large and Small business managers famillar with exports to determine the impact of regulations of the United States exports. Commis- sioned by the United States Conference Board, Inc., an independent not-for-proflt research institution supported by 4,000 associates from Corporations, govern- ments, unions, universities, and other organizations and individuals, the Survey was conducted in August and September 1980 and was sent to 909 manufacturing Companies; l68 were useable returns from companies involved in export with Sales ranging from $20 million to $47 million annually. . Although not statistically representative, the opinions did suggest an interpretation of how the system was operating at the time and is revelant today. Two tables of analysis were presented and are shown hege. Table IV-5 addresses the impacts of specific regulations on U.S. exports. ' This table notes that the items of most substan- tial negative Concern Include taxation on foreign income of U.S. citizens, anti- boycott legislation, Foreign Corrupt Practices Act, and export embargoes or restrictions. The balance of possibilities dealt with technical aspects of trade practices, defense, and Cargo matters. The study noted that in addition to these direct disincentives for export, there are others serving as indirect and uningentional deterrants from legisla- tion designed to regulate domestic operations. For example, Compliance with legislation aimed at cleaning up the environ- ment, making the work place Safer, keeping unsafe products off the market to name a few, frequently raise Costs of production, lſ only because of the lncreased paperwork and the growth of Compliance staffs. This, in turn, means higher prices. Since Costly domestic regulations are far more prevalent here than abroad, U.S. producers are at a disadvantage in the international market place vis-a-vis their foreign competitors. 46 1973 Table IV-4 and threatened animal species. Appendix Figure 1—A Major Federal Statutes Regulating State and Local Governments Public Title Objective Law Type" Age Discrimination Act of Prevent discrimination on the basis 94–135 CC 1975 of age in federally assisted pro- grams. Age Discrimination in Em- Prevent discrimination on the basis 93–259; DO ployment Act (1974)* of age in state and local government 90–202 employment. Architectural Barriers Act Make federally occupied and funded 90-480 CC Of 1968 buildings, facilities and public con- veyances accessible to the physical- ly handicapped. Civil Rights Act of 1964 (Ti- Prevent discrimination on the basis 88–352 CC tle VI) of race, color or national origin in - federally assisted programs. Civil Rights Act of 1968 (Ti- Prevent discrimination on the basis 90–284 CC tle Vill) of race, color, religion, sex or nation- al origin in the sale or rental of feder- ally assisted housing. Clean Air Act Amendments Establish national air quality and 91–604 CC,CO,PP Of 1970 emissions standards. Coastal Zone Management Assure that federally assisted activi- 94–370 CC Act of 1972 ties are consistent with federally ap- proved state coastal zone manage- ment programs. Davis-Bacon Act (1931)3 Assure that locally prevailing wages 74–403 CC are paid to construction workers em- ployed under federal contracts and financial assistance programs. Education Amendments of Prevent discrimination on the basis 92—318 CC 1972 (Title IX) of sex in federally assisted education programs. Education for All Handi- Provide a free appropriate public ed- 94–142 CO4 capped Children Act ucation to all handicapped children. (1975) Emergency Highway Ener- Establish a national maximum speed 93–239 CO gy Conservation Act limit of 55 mph. (1974)5 * Endangered Species Act of Protect and conserve endangered 93–205 CC,PP 47 Title Equal Employment Oppor- tunity Act of 1972 Fair Labor Standards Act Amendments of 1974 Family Educational Rights and Privacy Act of 1974 Federal Insecticide, Fungi- cide, and Rodenticide Act (1972) Federal Water Pollution Control Act Amend- ments of 1972 Flood Disaster Protection Act of 1973 Hatch Act (1940) Highway Beautification Act Of 1965 Marine Protection Re- search and Sanctuaries Act Amendments of 1977 National Energy Conserva- tion Policy Act (1978) National Environmental Policy Act of 1969 National Health Planning and Resources Devel- opment Act of 1974 National Historic Preserva- tion Act of 1966 Natural Gas Policy Act of 1978 Occupational Safety and Health Act (1970) Table IV-4 cont. Objective Prevent discrimination on the basis of race, color, religion, sex or nation- al origin in state and local govern- ment employment. Extend federal minimum wage and overtime pay protections to state and local government employees.” Provide student and parental access to educational records while re- stricting access by others. Control the use of pesticides that may be harmful to the environment. Establish federal effluent limitations to control the discharge of pollutants. Expand coverage of the national flood insurance program. Prohibit public employees from en- gaging in certain political activities. Control and remove outdoor adver- tising signs along major highways. Prohibit ocean dumping of munici- pal sludge. Establish residential energy conser- vation plans. Assure consideration of the environ- mental impact of major federal ac- tions. Establish state and local health planning agencies and procedures. Protect properties of historical, ar- chitectural, archeological and cultur- al significance. Implement federal pricing policies for the intràstate sales of natural gas in producing states. Eliminate unsafe and unhealthful working conditions. Public Law 92–261 93–259 93–380 92–516 92–500 93–234 76–753 89–285 95–153 95–619 91–190 93–64 89–665 95–621 91–596 Type" DO DO CC PP CC,PP CC,CO CC CO DO PP CC CO CC PP PP 48 Table IV-4 cont. Public Title Objective Law Type" Public Utilities Regulatory Require consideration of federal 95–617 DO Policies Act of 1978 standards for the pricing of electricity and natural gas. Rehabilitation Act of 1973 Prevent discrimination against other- 93–112 CC (Section 504) wise qualified individuals on the ba- sis of physical or mental handicap in federally assisted programs. Resource Conservation Establish standards for the control 94–580 PP and Recovery Act of of hazardous wastes. 1976 Safe Drinking Water Act of Assure drinking water purity. 93–523 CC,PP,DO 1974 t Surface Mining Control Establish federal standards for the 95–87 PP and Reclamation Act control of surface mining. of 1977 : - Uniform Relocation Assist- Set federal policies and 91–646 CC ance and Real Proper- reimbursement procedures for prop- ties Acquisition Poli- erty acquisition under federally as- cies Act of 1970 sisted programs. Water Quality Act (1965) Establish federal water quality stand- 88–668 PP ards for interstate waters. Wholesome Meat Act Establish systems for the inpection 90–201 PP (1967) of meat sold in intrastate commerce. Wholesome Poultry Prod- Establish systems for the inspection 90–492 PP ucts Act of 1968 of poultry sold in intrastate com- TherC6. * Key: crosscutting requirement (CC), crossover sanction (CO), direct order (D0), partial preemption (PP). * Coverage of the act, originally adopted in 1967, was extended to state and local government employees in 1974. * Although the Davis-Bacon Act applied initially only to direct federal construction, it has since been extended to some 77 federal assistance programs. * Although participation is voluntary, the failure of a participating state to comply with federal requirements can result in the withholding of funds from several federal handicapped education programs. The requirements of PL 94–142 are nearly identical to those established by the Department of Education under Section 504 of the Rehabilitation Act, a crosscutting requirement. * A permanent national 55 mph speed limit was established by the Federal-Aid Highway Amendments of 1974, (PL 93–643), signed into law January 4, 1975. * Application was restricted by the Supreme Court in National League of Cities v. Usery, 426 U.S. 833 (1976). Source: Advisory Commission on Intergovernmental Relations. Regulatory Federalism: Policy, Process, Impact and Reform (Washington, D.C.: Government Printing Office, February 1984, A-95), pp. 19–21. 49 Table IV-5 Impact of Specific Regulations on U.S. Exports Substantial Moderate Slight or No Does Unfamiliar Number w Negative Negative Negative Positive Not With the Of Regulation Impact Impact Impact Impact Apply Regulation_Responses Percent of Total Responses Taxation of income earned abroad by U.S. Citizens living abroad. . . . . . . . . . . . . . . . . . . . . . . . 22 41 19 18 (155) Anti-boycott legislation. . . . . . . . . . . . . . . . . . . . . . . . 24 38 33 4 1 (154) Foreign Corrupt Practices Act . . . . . . . . . . . . . . . . . . 21 34 38 3 4 (156) Export embargoes or restrictions for the purpose of furthering foreign policy objectives, other - than human rights . . . . . . . . . . . . . . . . . . . . . . . . . . 15 29 41 13 2 (156) Uncertainty over availability of foreign tax credits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 32 46 10 (155) Export embargoes to countries where human rights are being violated. . . . . . . . . . . . . . . . . . . . . . . . . . . 14 25 48 12 1 (157) Controls on re-exports of U.S. originated products . 5 25 37 28 5 (154) Export controls for national security reasons. . . . . . 8 17 47 28 (154) Uncertainty about the application of antitrust laws to joint international ventures . . . . . . . . . . . . 2 21 47 28 2 (156) Controls on the export of hazardous substances... 5 11 30 53 1 (154) Foreign policy and environmental reviews required for Export-lmport Bank credit . . . . . . . . . 3 12 38 40 7 (156) Arms export Controls. . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 24 * 66 1 (156) Export controls on products in short Supply in the United States . . . . . . . . . . . . . . . . . . . 1 4 32 61 2 (154) Nuclear export controls. . . . . . . . . . . . . . . . . . . . . . . . 1 3 23 - 72 1 (156) Source: Shirley Hoffman Rhine. The Impact of Regulation on U.S. Exports (New York: The Conference Board, Report No. 809, 1981), p. 15. Reprinted with permission. In some instances a particular regulation may have no - or perhaps Only a slight — direct negative impact on a company's exports, but the total negative on the company may be substantial because of regulations' lndirect effects. For example, one respondent pointed out that although the direct impact on his firm of taxation of income earned abroad by U.S. citizens was slight, it seriously affected the overseas business of Some U.S. Contractors that are its Customers. Consequently, when these contractors lost some of their overseas business, they cut back on their purchases from U.S. suppliers. This meant that the responding company lost a significant amount of export orders from U.S. Contractors working on Overseas projects. Also as a consequence of the ripple effect, the loss of export Sales by U.S. companies may result in the loss of domestic sales by other U.S. Companies from which they components parts. Table IV-6 shows domestic regulations that have had a negative effect On U.S. export. The most frequent item of concern is Occupational Safety and Health. The Clean Air Act, the Water Pollution Control Act, the Consumer Product and Safety Act, Toxic Substances, ‘Food and Drug and Environmental Protection received about one-third to one-half "mentions." The ways in which these regu- lations caused difficulty was additional Capital outlay, more personnel, more paperwork and diverse additional Costs. - 50 Table IV-6 Domestic Regulations that Have Had a Negative Impact on U.S. Exports . How Regulation Has Increased Costs Number Additional of Capital Additional More M/S Cel. Mentions Outlays Personnel Paperwork laneous' Occupational Safety and Health Act (OSHA). . . . . 31 10 7 8 15 Clean Air Act . . . . . . . . . . 15 12 3 3 6 Water PO||ution Control Act . . . . . . . . . . . 12 11 3 4 3 Consumer Product Safety Act. . . . . . . . . . . . 11 4 1 2 10 Toxic Substances Control Act . . . . . . . . . . . 10 3 3 3 7 Food and Drug Act (FDA). . . . . . . . . . . . . . . . 9 1 1 1 9 Environmental Protection Agency (EPA)*. . . . . . . . . 9 5 2 2 3 Employee Retirement Income Security Act (ERISA). . . . . . . . . . . 6 1 1 4 3 "Many of these responses were general rather than specific, for example, in- creased production costs; overall cost increases; internal cost; increased cost of product. Aside from the nonspecific responses, there were a number of more explicit responses, for example, for OSHA: increased maintenance costs, legal fees, in- surance costs; Clean Air Act: additional operating expenses; Water Pollution Control Act: increased administrative costs; Consumer Product Safety Act: products engineered to U.S. product liability standards are not competitive in export markets; Toxic Substances Control Act: increased registration cost before products can be exported; FDA: FDA approval of new drug often takes years, requires building manufacturing facilities abroad, increased insurance costs; ERISA: increased ad- ministrative CoSt. *Respondents did not mention a specific regulation or act but instead replied in a general way: “environmental regulations,” “various EPA regulations,” “noise control." Note: Other domestic legislation mentioned include Equal Employment Op- portunity, voluntary wage and price controls, Resource Conservation and Recovery Act, and energy efficiency standards of the Department of Energy. Each of these was mentioned by fewer than four respondents. Source: Shirley Hoffman Rhine. The Impact of Regulations on U.S. Exports. (New York: The Conference Board, Report No. 809, 1981), p. 17. Reprinted with permission. Within the context of these laws, whether federal, State or local and regulatory policies, are the specific activities necessary to meet the spirit and letter of the law. In most cases when identitled as separate steps or procedu- ral activities, complexity quickly grows as the number of actors or players in the intergovernmental public pollcy system increase. Several studies indicate in Just Small sections as subsets of a larger intergovernmental public policy SYStem how things may operate. 51 The subject of environmental protection is an official concern of many federal agencies and activities that authorize operations in U.S. navigable waters or ocean waters. For example, there are over forty-four different agenc– ies with jurisdiction over seventy different activities ranging from permits and licensing, t? pipelines, foreign trade zones, water supply, shoreline erosin and climatology." (See Appendix I). An example of how this may operate when combined with state and local permit requirements is the Cove Point Maryland Terminal, a new liquidified natural gas terminal. Proposed in l970 by the Columbia Gas System and Consolida- tion Natural Gas Company for the importation of liquified natural gas (LNG), forty-nine separate permits were required. It took over six and half years for the final permit to be issued. An LNG terminal for import may be more controver- sial and complex than traditional export transportation facilities, however the example of complexity Carries fºrwag. There were eleven federal, twenty state, and nineteen local permits required. Another situation for importing energy resources was the New England Energy Company oil refinery near the Maine Coast. Begun in 1972 by the Gibbs Oil Company and then later reorganized into a consortium, a refinery was to be built in the vicinity of Sanford, Maine with terminals in Portland, Maine. By the time the project was approved five federal, Seven state, four municipal, and two other types of licenses and permits were required.” Aside from permits and licenses as a regulatory device, system generated problems are characterized by: l. delay ... uncertainity ... unrealistic Conditions . Confusion . "blackmail" ... excessive cost of regulationn . denial ... shifts in harbor uses ... loss of trade These problems manlfest themselves as a result of procedural and substan- tive problems. Procedural problems include: redundancy, poorly defined processes, agency interpretation, agency advocacy, lack of accountabillty, double jeopardy, lack of decision making mechanism, lack of harbor policy, lack of economic and management responsibility for regulatory actions, and interactive delay. On the substantive side, the problem that agencies lack sound and detail- ed policy technical basis from which to make decisions. "It appears that many technical criteria are promulgated with inadequate investigation and with poor understanding of #heir full impact on the environment as well as on our industry and the public." System Contact And Interaction In normal operatlon the intergovernmental policy system offers numerous points of web-like contact for transportation shippers, carriers, ports, govern- ments, and export buyers. For the most part the system clearly works. Goods and commodities are manufactured and produced. They are loaded on transportation carriers, shipped, transshipped in ports onto Ocean going vessels, and then 52 ultimately received at the foreign destination. It is when the logistical system is at a maximum or has an accident that intergovernmental regulatory policy comes into play, frequently in an oversight or negative sense. The mechanisms which trigger the contact include: performance standards in the law not being met; complaints from the public or producers or Carriers; major versus minor contact related to project or activity size; significance of location, timing, events, cost; existing opera- tions; proposed expanded operations, or new facilities or new operations. Each of these is subject to a different set of perceptions from the primary partici- pants in the intergovernmental policy framework. LOOking at Such trigger mechanisms and perceptions, there might often be predictable flash points. One Could anticipate very readily what type of situation will Cause the most difficulty. From the preceding observations about how the intergovernmental policy System has worked for subsidy, and particularly regula- tion, at the federal level it is clear then that just the myriad number of agencies with different responsibilities and requirements potentially will be a procedural logjam. Occasionally, it may serve the public interest if projects that should not be considered are ultimately cancelled through the review process. For the private sector, the flash point often occurs when planning requires large, continued expenditure of time and money for their activities. It is possl ble that some of the basis for the plans would disappear, as in coal export operations, from changing market conditions. In this case the initial negative polnt of in contact became a blessing. it took a long enough time for the review process to occur that when terminals might have been already under Construction, market demand evaporated or shrank. In many ports, market forces protected most parties from heavy Capital investment losses in the short term, and at best in the long term creatlng reserve capacity which may never be used. Rarely is there a mechanism established in the system to resolve conflicts and disagreements. It is left to individual program operation and internal procedures established. Sometime conflict is resolved by changes in market place demand. At other times a situation becomes so Overridingly important that a major piece of legislation, new national policy, or Change in public mood is possible for the proposed, original activity. To illustrate: in Long Beach California a large petroleum importation pro- ject was ultimately cancelled in May 1979 from delays and excessive cost of regulation through combined federal, state and local requirements. The company Said originally that the project was too expensive to development under the exis- ting laws and requirements. Others believe that the demand for North Slope Oil diminlshed; therefore, the project, on its own merits regardless of the law S became too expensive. While this was still going on and the project was about to be cancelled, the citizens of Long Beach conducted an election on an "advisory issue" about whether or not to allow Construction and operation of the terminal facility. The citizens voted for it. Nevertheless the project was cancelled. This is on the import side but it does demonstrate what could happen should export projects be treated similarly. Sometimes an activity creeps into the public Conscience as a significant matter of national interest. Head-On conflicts might not occur; instead, a Case for action is slowly built into the system. The Surface Transportation Act of 1982 exemplifies this possibility. It provided additional federal funds to maintain and rehabilitate the Interstate Highway System and to allow useage in many areas of larger and double trailers. The legislation yielded a positive compounding of 53 results for the export transportation system. The issue at hand earlier was the fact the system was falling apart and causing delays and damage to vehicles and goods. More lndirect, negative Consequences were experienced by surrounding urban areas. They received traffic forced to take local streets and alternative KOuteS. General deterioration of public infrastructure in the nation is another aspect that is being reviewed in the same regard. To the extent that the infrastructure ls necessary to allow transportation of export cargo, then the type of compound, incremental situation may ultimately impact quite severely the flow of export goods. It may be in the form of freeway or tunnel bridge Safety. But if a national policy is developed to ameliorate infrastructure difficulties, then lt will avoid emergency, negative contacts of the intergovernmental policy System triggered by the crisis. In the area of environmental regulation, a large illustration of System interaction is cost estimates (in l978 dollars) through l987 for abatement expenditures necessary for air pollution, water pollution, Solid waste, toxic Substance, drinking water, noise, pesticides and land reclamation. Estimating a cumulative total sum of $710.10 billion, costs are identified for public and private sectors. Not all of this to export transportation, however a signifi- cant amount relates to the production of goods and Commodities for export, tran- sportation to the ports and port operations. To factor out the costs separately would be quite difficult. Yet, this is an anticipated starting point. When faced with such high costs in a general sense, it becomes very clear that the impact is high on ultimate competitiveness of American products, and subsequent ripple effect upon the transportation system and cost capabilities. The physical condition of the infrastructure of the nation is also a matter of concern and subject to debate. Some believe that it has a strong influence upon the ultimate economic recovery of the nation and its ability to operate efficiently and grow. Others are uncertain of the connections and which indus- tries benefit from what parts of the system. With that debate about the economic role of the infrastructure aside, major progress has occurred in financing the system, particularly highways. The U.S. Surface Transportation Assistance Act of l982 programmed an additional $6 billion per year for the Federal-aid Highway System and public translt. About $900 million per year was dedicated to elimina- ting bridge deficiencies under bridge replacement and reconstruction program. In total the lncrease of expenditures for infrastructure moved from $19 billion in fiscal year l982 to $25 billion in fiscal year l983. The states too have been increasing their support. Thirty-four states sincial%l increased motor vehicle fuel taxes. Most are earmarked for transportation. There are several reasons for federal involvement in programs of this nature. Spill over or external effects, Centralized coordination, development and distribution of resources are primary motivators. These involvements are based upon interstate relationships the federal government must govern, whether impacts are positive or negative. Coordination is often necessary to maintain a network in the national interest. Also, funds have been invested in infrastruc- ture for regional development and to foster growth of the economy as a whole. 54 Table IV-7 ESTIMATED TOTAL POLLUTION ABATEMENT AND ENVIRONMENTAL QUALITY EXPENDITURES, 1978.87 (in billions of 1978 dollars) 1978 1987 1978-87 Total Total Cumulative Annual Annual Total Costs" Costs" Costs * * Air Pollution Public 1.7 4.0 27.4 Private Mobile 7.6 14.4 1 11.4 Industrial 6.2 11.3 87.4 Utilities 3.8 13.0 79.5 Subtotal 19.3 42.7 305.7 Water Pollution Public 13.1 19.9 164.5 Private Industrial 4.7 12.0 85.3 Utilities 2.4 3.9 32.1 Subtotal 20.2 35.8 281.9 Solid Waste Public 1.9 3.2 27.0 Private 4.5 7.9 66.3 Subtotal 6.4 11.1 93.3 Toxic Substances 0.1 0.3 2.2 Drinking Water 0.6 1.6 12.5 Noise <1.05 0.1 6.6 Pesticides <1.05 0.1 0.5 Land Reclamation 0.1 1.0 8.0 Total 46.7 94.2 710.7 *Includes operation and maintenance costs and capital costs. **Includes capital investment, operation and maintenance, and capital costs. SOURCE: Council on Environmental Quality, Executive Office of the President, Environmental Quality, 1979, Washington, DC, U.S. Government Printing Office, 1979, p. 667. Advisory Commission on Intergovernmental Relations, The Federal Role In The Federal System: The Dynamics of Growth, Protecting the Environment: Politics, Pollution, and Federal Policy. (Washington, D.C., Advisory Commission on Intergovernmental Relations, 1981. ) p. 57. 55 Another illustration, in part byzantine in nature, addresses trade relationships. A bill has been proposed in Congress, HR 422, the Imported Coal Tariff and Trade Equalization Act of l985, which would "impose a duty of $8 per ton on coal imported from Countries other than those that have historically bought more Coal from the United States than they have sold it." The duty could be adjusted upward or downward under specified circumstrances. The amount, $8,is the difference for Costs between the U.S., Poland, South Africa, and Australia at the ºne-mouth. At this time, coal imported into the United States is duty free. What this simple example illustrates is that while we are attempting to sell more coal to the rest of the world, we erect barriers to sales to us. The example we set makes our free trade stance hypocritical and may encourage the American Coal industry and carriers not to be as cost conscious as they might be under competitative pressure from the world market. Similar Observations Tight hold for other sectors of the American economy such as agriculture and steel. Federal preemption also occurs for motor carrier safety. The Federal Highway Administration has been Ordered to review state laws for vehicle safety under the Motor Carrier Safety Act of l984. State commercial vehicle Safety regulations are to be examined and analyzed in relationship to existing federal requirements to see if they have the same effect, are less stringent or more stringent than federal regulations. The intent is that by October 30,1989 the laws must be brought into Conformance or be preempted. ' This governs, ºnly inter- state commerce, Commerical vehicles operations and foreign commerce. In another area, federal standards are being proposed for heavy duty diesel engines. "EPA has called for more strict diesel engine gases and particularly emmission standards for l987 and l990 model year trucks." The American Trucking Association believes that this will cause a "fuel economy penalty" of "$6,000 per truck per year" and by l997 will cost $2.2 billion in additional fuel costs for the motor freight carrier industry. The matter becomes even more complex accor- ding to the American Trucking Association. They labelled the action as "irresponsible" and argued that the attempt to reduce some heavy diesel engine emissions offsets gains made by other legislation allowing use § twin trailers and wider equipment. It would hurt the industry's productivity. Within the federal level there is also a division of opinion between the executive branch and Congress regarding the direction of environmental programs. At a time when Congress and the public are making sharper distinctions among the subjects best suited for regulation and deregulation, the status of many programs and broad federal policies will remain in flux for an unknown period of transi- tion. There is severe disagreement between economic regulation and social regu- lation, which is meant to include environmental controls. This push-pull nature of public policy affectic the intergovernmental policy system and the export transportation subsystem. A confusing situation is developing for motor carrier freight in several mid-western states. Some states have added what is called "third tier" or "third structure" tax to all carriers, regardless of their state registration. Examples of such taxes include "annual fees, trip fees, per miles taxes, ton per mile taxes, per axle taxes, per gallon taxes, per ton mile taxes, taxes based on fuel to be used multiplied by fuel price, per truck taxes, per trailer taxes, variety of flat rate taxes." If one state raises a tax specifically for all Carriers passing through the state, but exempts operators registered in the same state, then other states begin to place retroactive taxes of similar kind. The net effect is that its possible, due to the routing of certain carriers, that they could pay a retaliatory tax currently for six states. There are seven states 56 registered showing taxes of this kind (Arkansas, Georgia, Maine, Nebraska, New Hampshire, New Jersey, Oklahoma). The Private Truck Council of America and local truck associations are Challenging the issue. Such retallatory taxes do not apply if the motor Carrier is registered in a state not utlizing them. It is exempt. Per vehicle this does not seem to be a tremdous cost; some taxes area $120, others are $185 but in the aggregate it is another illustration of the complexity of the pricing structure, impact on domestic and international export trade, and how numerous; Small independent decisions add up and injure the competitiveness of the eCOnomy. 7 The Surface Transportation Act of 1982 changed the tax structure for federal highway transportation, as well as increased taxes. Table IV-8 shows the before and after Situation. Gasoline and diesel fuel rates increased from four to nine Cents per gallon. These rates in total will cost average truck owners by the following amounts (Table IV-9 ) on the estimated increases for 1985. Note how larger units pay #most double the previous amounts and the smaller units have Small lncreases. The American Trucking Associations belleves in almost every Category the real rates are higher. The complexity of the matter is also illustrated by a range of estimates for future costs under the tax schedules generated by the American Trucking Associations, Inc., Data Resources Inc., Congressional Research Service, and the Department of Agriculture for l985. The estimates run from a low of $1.98 tax increase Perl gile driven to a high of $2.65 for eighty thousand pound gross vehicle weight." Lastly, there is a dispute about the total productivity effects of the law for the trucking industry l985. Including such elements as allowing double trailers in the East, increased vehicle Widths, increased vehicle lengths and elimination of barrier state weight limits, and less tax burden the Department of Transportation estimates that $3.24 billion will acº. But the American Trucking Associations, Inc., estimates only $829 million.* There ls a general belief that the act will increase productivity, have Variable economic effects, and favor the less than load motor carriers more than the full truck load carriers. Short haul Carriers should benefit more §han long haul carriers but owner operators will be "worse off" than the averages. Another lllustration of the number of federal and state regulations govern- ing one significant aspect of environmental regulations is that of wet lands. There are over twenty-four agencies and legal requirements in effect, and the practice varies, in terms of treatment of state owned or privately held land, fresh and salt water wet lands, inland and Coastal wet lands, navigation, and general definition of wet lands and boundaries. Often coastal states have wet land protection as part of a larger more comprehensive legislation regula- tion. Case by case permits are granted for fill or structural activities in a dozen coastal states. A regulatory agency is authorized in six states to "enact Wet land protection orders such as zoning regulations, permitting, and wet land UlSe 1gnations." Five inland states, by l978, developed wet land protection acts. Forty-five states have some kind of regulation and activity regarding wetlands and floodplains. The number of programs vary from one to aş4lany aS five. The total number of relevant pieces of legislation is ninety-six. And in May 1980, "nineteen states have federally approved the program; how- ever, four states are currently out of the program and the chances for four other states achieving approval program are questionable." Implementation of the federal law was made difficult for reasons of funding, complexity, lack of monltoring at the state level, and special local cases. 57 Item Gasol ina, diesel fuel Trucks, tral lers Truck parts and accessories Lubricating oil Highway tires Laminated tires Otner t lºſes Inner tubes Tread rubber Heavy vehicle use tax (annual) Table IW-8 Highway Trust Fund Tax Rates Before and After the Surface Transportation Assistance Act of 1982 and Effective Dates of Change Old rate 4 cents/gallon Trucks with a GW of 10,000 pounds or less and trailers intended for use with such trucks: no tax Other trucks and trailers: price 8 percent of manufacturer's sale price 6 cents/gallon 9.75 cents/pound 1 cent/pound 4.875 cents/pound 10 cents/pound 5 cents/pound 26,000 pounds GW or less: no tax * More than 26,000 pounds GW: $3/1,000 pounds 10 percent of manufacturer's sales Effective date of change 4/1/83 4/1/83 1/7/83 1/7/83 1/1/84 1/1/84 1/1/84 1/1/84 viſa. 7/1/84b *All of these taxes that were not repealed by the Surface Transportation Assistance Act of 1982 are scheduled to expire on September 30, 1988. bThe effective dates of the new rates of the heavy vehicle use tax are delayed 1 year for trucks belonging to persons who own and operate no more than five taxable trucks. Vehicles used for less than 5,000 miles on public highways are exempt from this tax. Sources: Background and Description of Present Federal Excise Taxes, prepared by the staff of the Joint Committee on Taxation (U.S. Government Printing Office, 1982), p. 30. Present Federal Excise Taxes, prepared by the staff of the Summary of New rated 9 cents/gallon Trucks with a GW of 33,000 pounds or less and trailers with a GVW of 26,000 pounds or less: no tax Other trucks and trailers: 12 percent of retail sales price Repealed Repealed 40 pounds or less: no tax 40–70 pounds: 15 cents/pound over 40 pounds 70-90 pounds: $4.50, plus 30 cents/pound over 70 pounds 90 pounds and over: $10.50, plus 40 cents/ pound over 90 pounds Repealed repealed Repealed Repealed Under 33,000 pounds GW: no tax 33,000–55,000 pounds GVW; $50, plus $25/1,000 pounds over 33,000 pounds GW 55,000–80,000 pounds GVW: $600, plus $40/1,000 pounds over 55,000 pounds from 7/1/84 to 6/30/86 $44/1,000 pounds over 55,000 pounds from 7/1/86 to 6/30/87 $48/1,000 pounds over 55,000 pounds from 7/1/87 to 6/30/88 S52/1,000 pounds over 55,000 pounds after 6/30/88 80,000 pounds GW and over: $1,600 from 7/1/84 to 6/30/86 $1,700 from 7/1/86 to 6/30/87 $1,800 from 7/1/87 to 6/30/88 $1,900 after 6/30/88 Joint Committee on Taxation (U.S. Government Printing Office, 1983), pp. 6 and 7. SOur Ce: U. S. Comptroller General , The Surface Transportation Assistance Act of 1982: Comparative Economic Effects on the Trucking Industry. Report to the Committee of Finance, U.S. Senate (Washington, D.C. General Accounting Office, 1984.), p. 6. 58 Table IV-9 Estimated Increases in Federal Highway Taxes For Average Truck Owners in 1985* Tax increase Under Under Tax increase for each mile old tax new tax for each driven Percentage rate S rate S truck owned (cents ) tax increase Type of truck Single unit under 26,000 lbs. GVW - • 12,028 miles $ 125 S 1 38 S 1 3 . 1 1 10.4 Single unit over 26,000 lbs. GVW - 15, 474 miles - 506 506 º tº- tº- Combination unit under 50,000 lbs. GVW - 30, 70.9 miles 745 1,024 279 . 91 37.4 Combination unit be- tween 50-70,000 lbs. * GVW - 32, 156 miles 1, 193 2, 153 960 2.99 80 - 5 Combination unit be- tween 70–75,000 lbs. GVW – 62, 764 miles 1,555 3,061 1,506 2. 40 96.8 Combination unit over 75,000 lbs. GVW – 67,930 miles 1,699 3, 441 1,742 2.56 102.5 aThese estimates implicitly assume that all changes in the federal highway excise taxes on such items as fuel, tires, and new equipment are fully passed on to truck owners. Although 1985 is the first full year that the increased tax will be in effect, it will continue to increase from 1986 to vehicles with a GVW over 55,000 pounds. Any adjustments to 1985 forecasts or 1985 truck population projections will affect these in federal highway taxes. heavy vehicle use 1988 for Owners of tax revenue estimated increases Source: DOT, "Information on New User Fees and Truck Size and Weight Provisions in the surface Transportation Assistance Act of 1982, " and Final Report on the Federal Highway Cost Allocation Study. Source: U.S. Comptroller General, The Surface Transportation Assistance Act of 1982: Comparative Economic Effects on the Trucking Industry. Report to the Committee on Finance, U.S. Senate (Washington, D.C., U.S. General Accounting Office, 1984 )p. 19. The Port of Los Angeles is Considering an application for a domestic east- bound pipeline to carry North Slope Alaskan oil. Similar to the previous example of the Sohio project and the Port of Long Beach, the proposal for a $1.66 billion pipeline to transport up to nine hundred thousand barrles of crude daily between Los Angeles and Midland, Texas. It ls proposed by Pacific Texas Pipeline Company for a thirty year lease on "yet to be bullt lix0 acre land fill". By May, 1979 SOhio had spent forty-five months for permitting and a $57 million. The company maintained that the delay cost $3.5 million a month on a proposal already at $700 million. It belleves that the problem was not only permitting, but a larger 59 question of the "process". "There were so many pieces that weren't coming together." There are many differences in the proposal, as well as the intrepre- tatlon of environmental rules today compared to seven or eight years ago when the major concerns were raised by the State of California's Air Resources Board and the South Coast Air Quality Management District. Today, this proposal appears to benefit from the learning experience, better agency jurisdictional definltlon, better linterpretative data on technologies to be selected, and an interagency task force coordiºgted by the Port of Los Angeles to handle the processing of the applications. According to a recent survey by the Highway Users Federation, many states antici- pate raising motor vehicle and truck carrier taxes. Eighteen states are Consldering higher truck fees taxes, twenty-three states are reviewing possible increases in motor fuel levys, twelve are reviewing the possibility of repealing the 55 mile per hour speed limit, or not to enforce the federal restriction. Many of the states included are the largest in the nation and very active in exports such as California, Georgia, Louisianna, Massachusetts, Missouri, Oregon, Pennsylvania, Tennessee, and Texas. These naturally include port locations. In l984 seven more states increased motor vehicle fuel taxes. Thus the majority of states has increased their own tºs since the federal tax increases in the Surface Transportation Act of l982. At the state level a battle is being raged about new technology. A Coal slurry pipeline has been proposed from the Southwestern Virginia coal fields to the Port of Hampton Roads. The specific project would have required 400 miles of right-of-way and had the state electric utilities and the railroads lining up against the Coal producers, exporters and pipeline interest. In addition, impor- tant Concerns were the impact of eminent domain, acqusition of right-of-way and environmental impacts. The issue vividly shows the intense opposition often greeting introduction of any new technology. It directly affects the potential for export. The proposal agrues that the Costs would be lower for slurry tran- sportation than for rail system operation. The vote in the Virginia House of Delegates after a three year debate Xàs sixty-two against and thirty-six for , which was considered a strong defense. To be completely fair, the intergovernmental public policy system has im- pacts as already discussed not only for exports but for the entire domestic economy. A recent study has found that "fantastic numbers" of interstate trade barriers could cost consumers as much as $150 billion per year in higher prices for goods and services. In the agricultural sector alone there are fifteen hundred restrictions on interstate trade in eleven western states. These restric- tions are caused by preference given to local products and services by state and local governments. Part of the problem is that these protective measures result from unclear definitions of "interstate commerce" and illegal trade restrictions "at the federal level. It is maintained that the Supreme Court has aboușathe half the time. upheld state barriers. In short it is a "invisible" trade war. State governments are running into an interesting national situation that has potential offsettling consequences. As the economy became more difficult, states have realized the desirability of promoting their own economic growth through increased exports. For that reason many states have directed activities to expansion of trade promotion and assistance to their companies. All states in 1983 spent an estimated $36 million on promotion through technical assistance and export financing aid. The "technical assistance includes state offic jo abroad, internatinal trade shows, and other forms of information dissemination." In contrast, many states through the late 1970's concentrated only on attracting 60 foreign investment. Benefits for the states are helping their economy through Swings in the larger national economy, jobs, income, and tax revenue. However benefits and liabilities of state expoſſ promotion may not be clear-cut. Accord- ing to the Congressional Budget Office: y The effect of government export subsidies is ambiguous. Theoretically, in a world with flexible exchange rates, export Subsidies are Self-defeating for the economy as a whole. While they may increase sales of the subsidiized products, the increased demand for dollars in foreign exchange markets to pay for those purchases Will Cause the value of the dollar to rise. This in turn will dampen demand for all other exports and increase the demand for imports, leaving the Overall trade balance unchanged. The net effect is a Change in the composition of trade favoring subsidized products. Nevertheless, individual states may see it as within their interests to support in-state industries, if they can be fairly certain that Out-of-state industries will bear the burden of compositional changes in the traded sector. In the area of export financing, programs are available in eight states, legislation is pending in four and thirteen are seriously considering the possi- billty although no legislation is proposed, three have a Constltutional provision and the remaining states have no activity planned according to a National Associa- tion of State Development Agencies survey in July 1983. Lastly, twelve states employ a unitary taxation system which does impact the national business involve- ment and possible federal law. California, one of the largest first states to declare its right to tax mulit-national corporations with operations in California on a unitary basis, was upheld by the Supreme Court in June 1983. Foreign based corporations believe that such taxation "violates international tax treaties because it results in double taxation of earnings made Outside the United States." The motivation behind the unitary taxation is that it permits states to receive an accurate amount of taxes based upon actual income earned on total earnings in and out of the state and abroad. This prohibits under income repor- ting and joying profits from one subsidary geographically to another to avoid taxation.” state economic development programs which help promote export as part of economic development may experience a variety of advantages and disadvantages. The advantages could include: responding to diversity, greater experimentation, Cost sharing through state financing, and greater awareness of local Conditions. On the other hand, disadvantages may include: locational inefficiency, poor budge- ting policy, gonflict with national purpose, administrative duplication, and bidding wars.” The states possess incentives and disincentives in the form of tax exemp- tions, deductions, credits and special treatments to help economic development. The splil over effect potential is valuable for export industry and activities. Each technique is used by the following number of states: l. job creation tax credits l9 2. investment tax credits 23 3. property tax abatement 31 4. business inventory 35 5. goods in transit --- 43 6. research and development l4 7. pollution Control equipment 39 8. industrial machinery & equipment 45 9. industrial fuels & raw materials 44 10. energy & fuel conservation measures 4l 61 Each of these has some kind of concession in these categories.** State technical assistance for trade activities varies as well. The mean for each state ls about 7.3 of the following type programs with their totals listed alongside for the whole nation: l. trade missions 46 2. trade shows 45 3. marketing assistance 48 4. marketing development 4l 5. export education 46 6. investment information 44 7. investment missions 45 8. advertising 35 9. international tourism 25 Because the states are so actively moving into the international trade arena for self benefit, they are now experiencing some of the conflicts internally and potentially with the federal government in establishing policy and programs and reconciling when they may conflict. For example, promoting export programs may directly Conflict with promoting internal investment programs. Such promotional activities are rapidly getting to the funding levels of the United States Department of Commerce for trade promotional activities. To the extent the states move into trade financing experimentation and tax incentives, this may begin to compete with the federal Export Import Bank and DISC programs in terms of multi lateral discussions and controls at the international level. Foreign customers might see Contradictory policies occurring, as in the State of Califor- nia, where there are incentives and promotional programs for export. Yet the unltary tax policy would drive away foreign business in Californa. The very real fear here is that in matters of national policy, if the states move forward and create their own policies for trade promotion (and subsequently transportation), they will be subject to the very same conflicts, confusion and complexity of policy experienced at the federal level. This would be just another manifesta- tion of the possibile types of federalism that were discussed earlier. Instead of being truly Cooperative federalism, it has been more co-optive or antagonlstic federalism. The potential for further conflict is large as a laissez faire atomsphere ls created to, gllow states to exercise, develop and implement a here- tofore federal function. - At the national level, U.S. trade promotional activitles are increasingly subject to inclusion and discussion by the national industrial poliy debate. Such export promotion currently is accomplished by the Export/Inport Bank that offers loan guarantees and direct loans to foreign companies or countries so they can buy American goods. The belief is that without such assistance the transac- tions could not occur. In fiscal l982 new obligations of the bank were $3.5 billion with net outlays of $763 million, while new guaranteed loan Commitments equalled $5.8 billion. A second activity is the DISC program which "attempts to lncrease exports through a system of tax deferral." It has been determined to be illegal under the General Agreement on Tariffs and Trade (GATT). A third program is a creatlon of Export Trading Companies to #lp facilitate Small and medium size business development of markets and sales. Although each of these approaches has its advantages, there seems to be the general belief that if the nation really applies a free trade philosophy in a world that does not, any export promotion will be most difficult. At the highest most strategic levels then, it becomes obvious that trade and the role of American transportation systems in support of trade is a subsidiary concern to the more fundamental 62 questions of the economy, the value of the dollar and interest rates.” Conclusion The intergovernmental pubic policy system in general and the transportation Subsystem for exports is a complicated, tension filled system. It is character— ized by Several levels of government and subsections of each level along with many independent functions within each level. The levels relate to each other Vertically and horizontally. Exports and transportation are not a conscious part of the System's design. In most cases it grew on an incremental, slow evolutionary basis for the domestic economy and domestic well being. To the extent that foreign affairs, trade and exports are connects they are overlays from clearly national interest perspectives (or as lately-by states self-interest). The stressful System is like a web, it has grown and promises to continue to grow at the state and local (and perhaps federal). Indeed, in some situations at the federal level the system is showing signs of deregulation and disinvolvement, allowing states and local governments to pick up formerly federal activities in actual authority and funding opportunities. It causes a very uncertain period of transltion while the economy is also going through a degree of instabililty. Debate exists beyond the matter of institutional level, roles and power. There are questions of how accurate technical data may be upon which decisions are made. The Criteria, the standards, the guidelines required may be subject to legitimate dispute. Intepretations of law and practice may as well be open to discussion. The attitude about the role of government in the private sector varies from one region and sector of the country to another. Such customs and beliefs definitely influence the expectations and individual units in each Sector. On the whole, it would seem that all parties value the need for ex- ports, positive benefits and a transportation System that supports it. But at that point, the commonality may end, not by intention, but more by honest posi- tions representing diverse perspectives. The net effect still seems to be that exports receive a low priority, and the transport role in the process an even lower priority. The domestic economy and market are so large that they demand all of an organization's attention. As one president of a large exporting corporation noted, whether decision affect foreign or domestic affairs, little notice seems to be given to the impact upon the export system and its significance to national well-being. . The country, is now seeing the cumulative effects of those seemingly incremental, uncoordinated and compounding decisions over the years. Lastly, there are still valid pros and cons for the roles that have been exercised so far. The increasing role of regulation since 1960 as identified by the Advisory Commission on Intergovernmental Relations has relied upon preemption as a technique to influence the conduct of state, and local officials, and commen- Surately the private sector. In a summary way the benefits and disbenefits, which Can be equally applied to state governments relating to35me local governments (and therefore the operation of the private Sector) help to: . 1. reduce discretionary authority of state and local governments and inhibits their ability to work out problems; 2. create confusion among citizens about who is accountable; 3. undermine the effectiveness of state programs already in place; * ſº 4. threaten the principle of federalism; 5. heighten intergovernmental conflict and tension; gº ſº 6. not always assure that adequate or appropriate action will be 63 *º- taken Once a field is nationally occupied; 7. in Cases of partlal preemption ... Shlft responsibilities from state legislatures to governors; 8. as Courts have presumed a predominate role in deciding preemp- tion lSSues, ...remove lSSues from the polltical process. Several agruments are identitlable for broad preemption powers and are based upon: l. relieve States of the responsibility and Costs of providing Services or regulation; . 2. ellminate inconsistent legislation from One State to another; 3. enable a coherent and logical response to problems that are national ln SCOpe. Consequently, the intergovernmental pollcy system directly and indirectly affects the export transportation function in many ways, often not immediately vlsible but Obvious On a Cumulative, incremental basis. It would appear that the system would function similarly for other governmental Concerns too (e.g., health, educatlon, housing). it seems though to be particulary accute for the export transportation system in that lt may cause delays, additional Costs and inefficiencies. It may make the nation less cost competitive in the world economy. There are many benefits that have resulted from this system but there is a growlng belief that it Could be flned-tuned at the very least, or improved structurally in Several ways to make it operate better and facilitate our posi- tlon for export transportation and trade promotion. • 64 Endnotes 1 Advisory Commission on Intergovernmental Relations. Regulatory Federalism: Policy, Process, Impact and Reform (Washington, D.C. : Government Printing Uffice, February 1984, A-95), pp. 1-3. - 2 Stephen R. Rosenthal. "New Directions for Evaluating Intergovernmental Programs", Public Administration Review (November–December, 1984), pp. 469 – 477. 3 Advisory Commission on Intergovernmental Relations, op.cit., pp. 12-17. 4 Ibid. 5 Shirley Hoffman Rhine. The Impact of Regulations on U.S. Exports, (New York: The Conference Board, Report No. 809, 1981), pp.15, 17. 6 Ibid. , p. 16. 7 National Research Council. Public Involvement in Maritime Facility Development (Washington, D.C.: National Academy of Sciences, 1979), p. 239– 242. 8 9 Ibid., pp. 104 – 142. Ibid., pp. 172 - . 191. 10 California Port and Navigation Caucus. Port Caucus Issues (Long Beach: California Marine Affairs Conference, California Association of Port Authorities, California Marine Parks and Harbors Association, March 3, 1981), pp. 5–11. * 11 Advisory Commission on Intergovernmental Relations. Financing Public Physical Infrastructure ( Washington, D.C.: Government Printing Office, June TG3M, A-96), pp. 2-4, 12 Congressional Budget Office, U.S. Congress. The Federal Government in a Federal System: Current Intergovernmental Programs and Options for Change (Washington, D.C. ETGovernment Printing Office, 1983) pp.30-33; see also: Art Levine, "Easing of State-Local Regulatory Burden Leaves Some Pleased, Others Grumbling", National Journal (August 4, 1984), pp. 23 - 28. 13 - American Association of Port Authorities. AAPA Advisory (Washington, D.C.: AAPA, Vol XIX, No. 2, January 14, 1985), pp. 1-2. 14 - "States Must Send DOT Copies of Motor Safety Laws, Rule for Review", Traffic World (Vol. 201, No. 3, January 14, 1985), p. 3. 15 "New EPA Rules on Diesels, May Cost $2.2 Billion - ATA", Traffic World (Vol. 201, No. 3, January 14, 1985), p. 28. - 16 - Robert E. Taylor and Andy Pasztor. "Reagan Administration's Deregulation Offensive Stopped in Its Tracks", Wall Street Journal ( January 8, #. p. 58. *. 17 Eric D. Lindeman. "Retalitory Taxes in Six States Targeted for PTCA Court Battles", Traffic World (Vol. 200, No. 13, December 24, 1984), pp. 8–9. 65 18 U. S. Comptroller General. The Surface Transportation Assistance Act of 1982: Comparative Economic Effects on the Trucking Industry, Report to the Committee on Finance, U.S. Senate (Washington, D.C.: Government Printing Office, April 6, 1984), p.19. 19 20 . 21 Ibid., p. 23. Ibid., p. 25. Ibid., pp. i-Vi. 22 National Highway Research Program Report. Guidelines for the Management of Highway Runoff on Wetlands (Washington, D.C.: Transportation Research Board, NCHRP Report 264, November 1983), Chapter 5 "Federal and State Regulations", pp. 39–43. 23 Ibid., pp. 70–81; For a similar discussion of the complexity but only within the federal government and in the transport sector, see U.S. Department Of Transportation. Federal Transportation Policy – the Coastal Zone Management Program (Washington, D.C. ETGovernment Printing Office, DOTOffice of University Research, April 1980). 24 U. S. General Accounting Office. Problems Continue in the Federal Management of the Coastal Zone Management Program (Washington, D.C.: U.S. General Accounting Office, CED-80–103, June 25, 1980), pp. i-iii. 25 P Gregory W. Griggs. "Pipeline Plans Head for Government Agencies", Long Beach Press Telegram (January 7, 1985) p. D1, D5. 26 W - "Trucking Taxes Expected to Hike in Many States Along With Fuel Jumps", Traffic World (Vol. 201, No.4, January 21, 1985), pp. 33–37. 27 y Tom Sherwood. "Wa. House Kills Coal Slurry Line Construction Bill, a Victory for Railroads", Washington Post (January 18, 1985), p. D4. 28 - P "War Between the States Still Goes On - But Over Trade, Study Finds Costly Barriers", Los Angeles Times (September 25, 1984) Part IV, p. 11; see also: Steven G. Craig and Joel W. Sailors. "A Destructive Trade War Between the States", Wall Street Journal (February 5, 1985), p. 30. 29 - Congress of the United States, Congressional Budget Office. The Federal Role in State Industrial Development Programs (Washington, D.C.: U.S. Congress, July 1984), p. xvii. - - 30 31 32 33 Ibid. pp. 25–26, Ibid., pp. 28–29. Ibid., p. 31. Ibid., pp. 43-50. 34 35 Ibid., pp. 64–65. Ibid., pp. 72–73. 36 ~ John M. Kline. State Government Influence in U.S. International Economic Policy (Lexington, Mass.: Lexington Books, 1983) pp. 213-223, 37. - V U. S. Congress, Congressional Budget Office. The Industrial Policy Debate (Washington, D.C. : U.S. Congress, December 1983) pp. 35–36. 38 y Ibid., p. 50. 39 Bruce D. McDowell. "Federal Preemption of Transportation Policies" (Washington, D.C. : Transportation Research Board Annual Meeting, January 14, 1985) pp.5-6. - 66 Chapter V - TRANSPORTATION REGULATION Introduction This Chapter will discuss the transportation regulatory system for rall- roads, motor Carriers and Shipping as a major component of the intergovernmental pollcy System. At the Outset it is important to note since l880 the fleld has been exciting, stimulating and stressful. The nation is seeing, and thus the export transportation Sector, fundamental changes in the domestic system which attempt to redirect practices developed over the last one hundred years. Much of this is generated by forces external to the Carriers. The direction and momentum established are still under development. There may be calls for further change to accelerate and advance the process of transportation economic deregulation. On the other hand, some wish to reregulate. The industry itself is fragmented and the variety of experiences and opinions dictate contradictory polltical System demands and requests. Such turbulence and dynamism cannot but help to Spill Over to the export transportation system. Regulatory System The nation's transportation history is based to a large extent upon several Waves of new technology, expansion and competition with older technology. Whether it be establishment and expansion of the barge and canal systems, intra- Coastal packets and Schooners, railroads, pipelines, and highway trucking Systems, each has experienced difficulty. To find a stable place for each sector is not easy. In addition to the advancement and expansion of technology, a key factor has been the manner in which a transportation sector conducted itself, that is, not subject to external Controls or challenges. Apparently, governmental influ- ence was necessary in some aspects. Much of the regulation for the surface transportation system was developed in response to negative experiences in Canals and barge Operations and in the railroad system. In part that system and exper- ience provided a model for subsequent antitrust and industrial regulation of basic industries such as petroleum, steel, Chemicals, and manufacturing. Until strong governmental regulation entered in each case, the process seemed to be Character lzed by rapid speculation and expansion of transport facilities, tinancial bankruptcies, loss of public trust and money and often higher charges to the Consumer. This intense cycle was best evidenced in the promotional age of rallroad development up until the l870's. Then it progressed to an era of captive audiences, competition for freight sources and other practices considered preda- tory. All aspects of the market seemed to be open including freedom to establish new companies, expand access from existing operations to related activities, Change services and facilities freely, avoid coordination due to technological requirements (e.g., switching and equipment classifications and Communications) and abandon Or discontinue Service. Each Of these fundamental areas of Commerical activity in the free market place ultimately came under governance of the federal interstate commerce clause. In many ways, a similar course of events occurred for motor carrier freight, pipelines and shipping. Although shipping has been more Concerned with inter- national cooperation. Much of the shipping Concerns were to help establish solid ground for the domestic maritime trade Competing with other nation-state organi- Zations, often not acting as free enterprise, but as governmentally encouraged Cartels. 67 An illustration of how things seem to change is that railroads and shipping companies in the late l800's had closely coordinated their activity for import and export. For example, railroads with Cooperation of steamship Companies generated passenger travel demand by encouraging migration to the United States. Industrial and agricultural workers were recruited from all parts of Europe and encouraged with advertisements, posters and salesmen in their home town and language saying"Come to the United States the land of opportunity." They would also incidentally offer very low cost, one-way fares. The same thing happened on the west coast for the Chinese and Japanese. Chinese were recruited as a labor source for railroad construction. Later, Japanese were more actively recruited for agricultural production. In the reverse direction, grandiose plans were arranged so that whole agricultural sectors of the Country were opened up a "bread basket" or food sources for Europe and China. The San Joaquin Valley in Northern California became a wheat supplier for decades to most of Europe. The draw was tremendous. Demand for raw resources from the United States helped generate the Capital and the political desire to open up the land for agricultural and mineral development. Utilizing in turn the cheap mannual labor provided by immigration from Europe and Asia. The transportation system expanded intermodally (rail and shipping) to help exploit vast resources. Now, railroads and steamship companies in some cases are allowed to assoc- iate again for trade. With the maturing of the canal and the railroad industry, the introduction of competitor modes (trucking and pipeline) the regulatory system then shifted slowly to consider the national well-being in a different regard. In earlier days it was designed more often for the protection of the public from abuses by the industry. By the Depression period, emphasis continued on the protection of the public but also on the stability of the existing transportation infrastructure and permitting changes and improvements incrementally. That theory and philosophy did seem to work, though it often slipped into maintenance of status quo, resisting new technology. Through industrial and political influence, the regulatory system came more of a competitive burden, while protecting the public. Ultimately the regulatory system grew to great complexity and permitted an inef- ficient transport system. In effect, it helped develop the l970's economic Con- text indicating need for deregulation.” - Regulatory Changes The structure of public policy regulating interstate transportation under- went fundamental shifts in 1980. In the case of railroads, almost one hundred years of incremental expansion of the federal regulatory role was frozen and reversed. Motor carriers experienced a similar transformation. Although the movement towards deregulation--that is, disinvolvement of the federal government from private sector intervention—was called for by many interests in the pre- vious decade, the environment for public policy formulation made July to October, l980 a memorable legislative period. The Motor Carrier Act of l980 (Public Law 96–296) was passed by the Senate on April 15, by the House on June 19–20, and signed by the President on July 1, 1980. The Staggers Rail Act of 1980 (Public Law 96-448) was passed by the Senate on April l-3, by the House on September 9, and signed by the President on October 14, 1980. Almost four years later, March 1984, shipping underwent significant change too. Technically it was not "deregulation", although the statute shared some of the same spirit. 68 Both acts (motor Carrier and rail) shared a common philosophy designed to untangle the matrix of regulations, institutional relationships, and policies. The legislative findings segion of each law illustrated basic Concerns, utili- Zing fairly strong language: - Motor Carrier Act: Sec. 3 (a): * The Congress hereby finds that a safe, sound, competitive, and fuel efficient motor Carrier system is vital to the maintenance of a strong national economy and a strong national defense; * that the statutes governing Federal regulation of the motor car- rier industry are Outdated and must be revised to reflect the tran- sportation needs and realities of the l980's; * that historically the existing regulatory structure has tended in Certain circumstances to inhibit market entry, carrier growth, maximum utilization of equipment and energy resources, and opportu- nities for minorities and others to enter the trucking industry; * that protective regulation has resulted in some operating ineffi- Ciencies and some anticompetitive pricing; * that in order to reduce the uncertainty felt by the Nation's transportation industry, the Interstate Commerce Commission should be given explicit direction for regulation of the motor Carrier industry and well-defined parameters within which it may act pursuant to Congressional policy; - * that the Interstate Commerce Commission should not attempt to go beyond the powers vested in it by the Interstate Commerce Act and other legislation enacted by Congress; . * and that legislative and resulting changes should be implemented with the least amuont of disruption to the transportation system consistent with the scope of the reforms enacted. Staggers Rail Act: Sec. 2: The Congress hereby finds that—- * (l) historically, railroads were the essential factor in the national transportation System; * (2) the enactment of the Interstate Commerce Act was essentlal to prevent an abuse of monopoly power by railroads and to establish and maintain a national railroad network; - - * (3) today, most transportation within the United States is competi- tive; * (4) many of the Government regulations affecting railroads have become unnecessary and inefficient; * (5) nearly two-thirds of the Nation's intercity freight is transported by modes of transportation other than railroads; * (6) earnings by the railroad industry are the lowest of any tran- sportation mode and are insufficient to generate funds for necessary Capital improvements; * (7) by lo&5, there will be a capital shortfall within the railroad industry of between $16,000,000,000 and $20,000,000,000; * (8) failure to achieve increased earnings within the railroad industry will result in either further deterioration of the rail system or the necessity for additional Federal subsidy; and * (9) moderization of economic regulation for the railroad industry with a greater reliance on the marketplace is essential in order to achieve maximum utilization of railroads to save energy and Combat 69 inflation. The wide Sweeping changes embodied in both laws * are still being understood and implemented by all parties. Their full effects are not known yet. The Motor Carrier Act affected the following activities: l. Common Motor Carrier: * eases entry in the motor carrier market and limits protests against applicants with Contestants bearing burden of proof; * permits zone of rate freedom--raising or reducing rates by ten percent without fear of ICC suspension; * stipulates that ICC may require joint rates and through rates; * allows more exemptions in commodity transport and services, such as ex-air traffic, used pallets, empty Containers, livestock and poultry feed, and mixing of exempt and regulated commodities in the same vehicle. 2. Contract Motor Carrier; * limits protest against permit applications; * allows carriers to engage in Common carrier service; and * removes limits on geographic Coverage and number of shippers that can be contracted. 3. Freight Forwarder: - * permits freight forwarders to enter into contracts with rail- roads; .. * permits zone of rate freedom--raising or reducing rates by ten percent without ICC suspension; and * permits use of contract carriers. 4. Exempt Transport: - -- * transportation of used pallets, empty containers, intermodal Cargo containers and other shipping devices; * transportation in interstate commerce within municipalities and commerical zones; and - - * trucking of agricultural Commodities, fish, livestock, feed, Seed, and plants. The Staggers Rail Act affected the following railroad activities: * provides greater rate freedom with fewer restraints; * reduces involvement in management affairs; . * Codifies long term contracting for rates, services, and re- lated conditions; - * exempts piggyback and container-on-flatcar services from regu- lations (indirectly, through new ICC authority); * permits the ICC to deregulate various types of rail transport under certain conditions: * eliminates the discriminatory provisions for contracts, surcharges, route cancellations, or separate rates for distinct ser– vices. The legislation for trucking and railroads does not really address the export component of interstate land transportation. By extension though, their 70 collective provisions affect the export transportation chain from point-of-origin to Seaport. If the more open competitive marketplace benefits general interstate commerce, Similar benefits should spill over to the export component in terms of better service and lower costs. Although in timing coincident to the movement of deregulation, the Shipping Act of 1984 (Public Law 98-237) is a revision and improvement in many regards to the Shipping Act of l.216. The new legislation is a result of over four years discussion and intensive study attempting to reconcile the many interests invol- ved. Signed into law by President Reagan March 20, 1984, the Act accomplishes many of procedural and substantive changes. Perhaps best expressing the spirit of the Act is the Declaration of Policy: 1. to establish a nondiscriminatory regulatory process for the common carriage of goods by water in the foreign commerce of the United States with a minimum of government intervention and regulatory Costs; 2. to provide an efficient and economic transportation system in the ocean commerce of the United States that is, insofar as possible, in harmony with, and responsive to, international shipping practices; and 3. to encourage the development of an economically sound and effe- cient Unites States-flag liner fleet capable of meeting national Security needs. This particular piece of legislation reconciles two earlier Congressional bills H.R. l878 and S. 504. The legislative supplemental information and confer- ence reports provided considerable detail. On the meaning of various phrases. However, confusion resulted and further legislative definition and clarification may be necessary. The act is a landmark in that it does attempt to bring American shipping and supporting groups into the 1980's. There were few changes since the Shipping Act of lol6. Except for Federal Maritime Commission and antitrust legislation interpretations along the way, the earlier act became quickly irrelevant in many regards. Nevertheless, its provisions were attempted to be applied by federal agencies and the private sector participants. The actual provisions are best Summarized by the following material. The act specifically expands the antitrust immunity provision, requires conferences to recognize independent action, allows for service contracts, and intermodal through, rates by conferences and other procedurers. Thirteen major areas were covered: - l. Consortla Agreements- The new procedures and the new general standard for agreements are going to make formation and alteration of Consortia far easier. The new expedited procedures allow agree- ments to become effective 45 days from Submission to the FMC.. 2. Conference Agreements- The Act and the legislative history strongly support conference formation and intermodal authority. Loy- alty agreements are not permitted for new agreements. 3. Service Contracts – The new law authorizes Carriers and Conferen- ces to enter linto service contracts with shippers. The "essential terms" must be disclosed. - - 4. Conference Ratemaking - Under the l916 Act, initial rates and 71 rate increases require 30 days notice; decreases of existing rates are effective immediately; conferences with dual rate Contracts may increase rates only on 90 days notice. The new Act keeps the same 30 day rule in effect for rate increases and new and initial rates, with conferences to publish a member's independent action rate On 10 days notice. 5. Time Volume Rates - Time volume rates are Specifically allowed under the new bill. Individual carrier members have a right of independent action on time volume rates. 6. Controlled Carriers - The Act basically continues the Controlled Carrier Law without change, but Operation of the law may be quite different because of the changed nature of conferences. Under the Controlled Carrier law, Carriers that are deemed COntrolled have a 30 day notice period for all rate changes, including decreased rates. Controlled carriers' rates are subject to suspension if the FMC finds them to be unjust or unreasonable. 7. Shippers' Associations- The effect of this section is not entirely clear. The Act defines a "shippers' association" as a group of shippers that consolidates and distributes freight on a non- profit basis for the members of the group in order to Secure Carload, truckload, or other volume rates or Service Contracts. It is prohl- bited for a common carrier to directly or indirectly "refuse to negotiate with a shippers' association." Yet, there is no antitrust immunity glven to Conferences whlch negotiate with shippers' associa- tlons. The report of the conferees explains this by stating that Shippers' associations remain liable to all provisions of other laws, implicitly meaning the antitrust laws. It would appear that further rules will need to be promulgated. 8. Antitrust Immunity - The new Act changes the structure of the antitrust immunity for Conferences and other rationalization agree- ments. There are two aspects to potentlal antitrust liability, civil and criminal. Under the old law, if carriers collectively took action outside the scope of an approved and criminal penalties. Under the new law, it is a prohibited act to operate under an agreement required to be flled which has not been filed, or whlch has been filed and disapproved. 9. Non-Tariff Items - The new law requires a continuation of tarlrt filing in the same manner as the old Act, except that a few commodi- ties will not be subject to tariff flling, and a new "forest pro- ducts" definition is substituted for the old "softwood lumber" excep- tion. - l0. Intermodal Ratemaking - One of the principal provisions of the new law is clearly to allow Conferences to publish intermodal rates. As with existling practice, however, conferences with intermodal aut- hority can set rates for an intermodal movement, but cannot Collectlvely negotiate with the inland carriers. The Act gives Conferences an antitrust immunity to "discuss, fix or regulate tran- sportation rates, including through rates," but not inland divisions. ll. Forwarders - The new law codifies much of existing practice with 72 regard to forwarders. Carriers may not collectively agree to give forwarders less than reasonable compensation. l2. Foreign Flag Discrimination - The new Act gives the FMC much broader authority to take action against offending carriers, inclu- ding tariff Suspension. It allows suspension of tariffs of foreign- flag vessels of nations which have impaired access of U.S. flag vessels to foreign-to-foreign trades. 13. Marine Terminal Agreements - Carriers wishing to jointly operate terminals will be free to do so, but will not receive anti-trust immunity. The following sections of this chapter will review and discuss events since the passage of these three laws, and their relationship to the export transporta- tion System. Motor Carrier System Almost within a year of the passage of the Motor Carrier Act of 1980, significant changes became visible. Several independent studies within and outside the government attempted to mark the progress and to document the degree of Change. One summary was published by a "pro-transportation" group entitled the Business Council for Improved Transport Policies, Washingtion D.C., December 1982. Overall, prices and service Conditions changed considerably. Referring to a 1981 Harbridge House Survey of transportation users, averaging slightly over $1 billion in sales, the council noted that "a weighted mean average savings per firm of $2.4 million per year on a weighted mean freight bill of $32 million, or 7.5%, attributed by these firms to the combined effects of rail, air, and truck regulatory changes. The bulk of the savings were in the motor carrier area." A Business Week study noted that the One hundred largest carriers experienced a peak in revenue just after the passage of the MCA and went downward in 1981. Fewer complaints have been received by the ICC after the act. And, price discounts seem to be widely used. While this was occurring the Teamsters Union reported "wide spread lay-offs, and has made a number of concessions in the recently signed contract, including avoidance of wage increases other than Cost of living increased for three years..." Contract rates have increased Significantly. Another major concern was the effect on Small Communities motor Carrier Services. A study by the ICC reviewed the truck service experience to small isolated communities. It found that shippers in these areas heavily relied upon "for hire" truck service. The variety of shipments vary significantly from as few as one per month to over twelve hundred per week. Under 500 pounds was "the most frequently mentioned shipment size." It appears that most shippers experience better available service and improvement in service, by three to eight times than those reporting poorer service. The majority felt that service was almost always on time, shipments arrived in good Condition, and that their options for shipment and receiving were about the same as previous to the MCA. Complaints were on a downward trend. The mandated study selected businesses in randomly #elected small communities with a response rate over two-thirds in most Segments. 73 A spirited discussion of the changes in the Motor Carrier Act and in the perceived role of the Interstate Commerce Commission is raised by one observer, notling that the Commission has lost its "character, competence, and independence." In brief, the ICC has in the case of motor carrier regulation carried the mandate too far and perhaps in key areas given advantage to the railroag industry especially with trailer and flat car type operations and intermodalism. The Chairman of the Interstate Commerce Commission provided a summary statement of the progress made under the Motor Carrier Act of l980 for the House Surface Transportation Subcommittee. (Figure V-l) The difficulties found in the first two years of experience, he believed, were due to, primarly the condition of the economy and not a result of the MCA. Things have substantlally improved Since then. The numbers do look impressive and in some areas have significance for export operations. In general, the number of new certificates granted for opera- ting authority and new carriers has helped to instill competition and affect the pricing structure. The shippers seem to be on the whole satisified. Most impor- tantly, applications for Contract carriers have increased thirty-seven percent in the forth year. Rate increases ranged up to eight percent but "served merely as base prices from which discounts are taken." And, piggy-back, and trailer container on flat car traffic has incresed twenty percent in l983. Another point of view is based upon a survey” of motor carrier executives and their review of the future for the next five years in terms of market out- look, competitive forces, technology trends and impacts, cost reduction and pricing tactics, and management priorities for financial success. The respon- dants felt that tonnage would increase by ten percent annually through l988. On the other hand, they would receive intense competition from other modes such as TOFC and air freight. On the whole, "for-hire trucking industry, truck load Carriers and special commodity divisions of LTL carriers were expected to expe- rience stronger growth than LTL Carriers, exempt carriers and owner Operators." All expected equipment, labor and fuel Costs to increase. - Interestingly, a majority felt that government influence would increase, "Nearly all survey respondants assumed that federal and state highway taxes would increase; most also believed that more stringent safety, emission, and noise regulations would be forthcoming with the next five years. Larger investment requirements and lower profitability were expected as a result." Adoption of new technology for information processing and billing were essential in the minds of many. And, technology aimed at increasing fuel effi- ciency and lowering Operating costs were thought necessary by motor carrier executives for investment decisions. Many believed that they would be increasing their use of longer and wider trailers. Also, "one-third anticipated increased use of double trailers..." - An important footnote to the government regulation aspect is that even though taxes would be increasing regulations expanding energy and air quality, and application of new technology, many felt still the roads highways and brid- ges would be deteriorating. The study was based upon a year long study research program of motor carrier chief executives, mailed in the spring l983. Of the 500 companies Con- tracted, l26 participated. "The Survey sample represented a broad spectrum of the for-hire motor carrier industry." 74 : | Figure V-1 Motor Carrier Act of 1980 Summary – June 30, 1984 * Since the effective date of the Act, July 1, 1980, 23, 61 O new carriers have received authority from the Commis– sion. This marks an increase of 15, 224 over the figures reported to this Committee on June 25, 1982. More than 3, 788 grants of authority have been issued to new car- riers since November 16, 1983. The total number of new certificates served since the Act went into effect is 65,800. There was an increase of approximately 5, 389 new certificates since the last House hearing. As expected, applications appear to have leveled off. As of June of this year, applications were being filed at a rate of approximately 1, 1 OO each month. They are holding steady at about that rate. Overall, shipper satisfaction with the level of service remains high . * Although initial results indicated that the Motor Carrier Act had little positive impact on owner-operators, recent figures suggest that , increasingly, they are making use of the special provisions of the Act to obtain their own operating authority. Since June 1, 1982, 287 owner- Operators have been granted certificates for operating authority. Contract carrier applications, as a percent of all appli– cations, rose to 37 percent during the fourth year under the Act. For the first three years, they accounted for 16 percent, 27 percent, and 28 percent, respectively. Existing carriers accounted for about 65 percent of all contract carrier applications for the fourth year. * Broker authority growth has been strong, with 1195 approvals since mid-1983. This is an annual rate of 1504, which is 45 percent higher than a year earlier. * More than 1 OOO firms, with approximately 11, OOO subsidiaries, have not ified the Commission of their intent to engage in compensated inter corporate hauling. ' Unless otherwise specified, figures for the fourth year are based on data for the 11-month period ending May 31, 1984. 75 Figure V-1 cont. * Independent rate actions increased steadily through FY 1983 from 27, 141 in calendar year 1979 to 6 O, OOO and 1 15,085 in calendar years 1980 and 1981, and to 18O, 829 and 230, 184 during FY 1982 and FY 1983. For FY 1984, 59, 426 independent actions are projected, based on six months' actual data from major rate bureaus. The pro- jected drop is attributed to the fact that many motor carriers are no longer publishing independent rates through the rate bureau process, but instead are pub- lishing discount provisions and individually negotiated rates in individual tariffs. General rate increases were approved, effective April 1, 1984, for nine major rate bureaus. Increases ranged from 2.5 to 8. O percent. Increases for the bureaus a year earlier ranged from 4.6 to 6.6 percent. The 1983 re- structuring, which resulted in significantly higher increases in lower LTL weight brackets, was less evident in this year's general increases. In many instances, the rates, as increased by general increases, serve merely as base prices from which discounts are taken. TOFC/COFC traffic continues to offer opportunity and competitive challenge to motor carriers. Piggyback volume rose approximately 20 percent during 1983, and is continuing to increase in 1984. Numerous motor carriers are specializing in gathering and distribution opera- tions, in coordination with long-haul motor carriers and railroads. * \ Financial performance and tonnage improved during calendar year 1985, as compared to 1982, for the 100 largest motor carriers of property. During 1983, revenue tons increased by 1.9 percent, the first increase in 12 month traffic volume for the largest 1 OO carriers since the period ending June 30, 1979. Net carrier income more than tripled. The combined operating ratio for these carriers improved from 98.6 to 96.O percent. Rate of return on equity increased from 2.6 to 12.4 percent. These improvements were broad-based. Source: Statement of Reese H. Taylor, Jr., Chairman, Interstate Commerce Commission before the Surface Transportation Subcommittee of the House Public Works and Transportation Committee on Implemention of the Motor Carrier Act of 1980 (Washington, D.C.: Interstate Commerce Commission June 20, 1984). - 76 There is increasing evidence that collective rate making is dying out as a practice in the trucking industry and is being replaced by increasing competition. An antitrust official, Observes that single firm profit maximization is a goal as this trend increases.” Some Corporations have installed a "simplified national rating System" based on postal zip codes and a rate scale. Introduced by Roadway Express Inc. Akron, Ohio, these tariffs are national in SCOpe and are set outside the collective rate making process. Whether intended or not, they can not possibly strengthen the Collective rate making process and inevitably must undermine it. We are seeing, I believe, the commerical (as opposed to the Fºlitical or legal) beginning of the end for collective rate making. The Surface Transportation Act of l982 permitted double trailers and 102– inch wide commerical motor vehicles on designated Interstate and other qualifying Federal-aid Highways. After extensive investigation and discussion the Federal Highway Administration as required py the act determining (June 3l, l984) the Conditions and size of the system. It was a "national network" and required twelve foot wide lanes. Many routes were disputed for reasons of safety geomet- rics, maintenance, rehahbititation, and signing. Other factors included length of the trailers, special situations for automobile transporters, dromedary boxes, and Overhangs. The maximum gross vehicle weight will be 80,000 pounds. The entire System is Over l8l,000 miles, of which 42,000 miles are Interstate. Significant economies are anticipated from greater Operating efficiency and productivity. When totally factored into the export transportation system's Costing of goods carried by such trailers, there should be a discernible, posi- tive impact. On the other side of the coin is the realization that as traffic increases, there will be off-setting wear and tear, greater expense and perhaps increases. User vehicle fees will not cover actual rehabilitation or maintenance necessary for these heavier and larger trucks. Also, a concern raised by many states and individuals regards mixing personal automobile or bus travel with these larger freight vehicles. The matter of double trailers is still under study, as required by the act. 13 "Compared with single trailers, double trailers offer the advantage of increased volume and capacity and the potential for added operating efficiency. Two 28' trailers have about 20% greater Cubic space than a 45' semi-trailer, the largest single trailer in common use nation wide." As allowed by the act, when 48' semi-trailers are fully employed on the national network, that cargo space advantage will be cut to about 15%. In total, the economic advantages are Significant. Safety and pavement wear should also be considered: The combined effects of greater use of doubles and higher weight limits are forecast to produce shipper cost savings in 1985 of $2.l billion dollars (in 1977 prices). Of this, $1.6 billion is attribu- table to the shift to freight to doubles, due to lower terminal handling costs and line haul Savings from the larger capacity of doubles. Averagissmall shipment freight costs fall 2 cents per ton mile (about 6%). *… A provision was designed specifically for the "barrier states" (Illinois, Arkansas and Missouri) requiring permitting eighty thousand pound vehicles on the Interstate System. They had lower limitations which effectively prohibited larger vehicles to be used cross country. In addition, there must also be 77 reasonable access "between the milional network and truck terminals, facilities for food, fuel, repairs and rest." States have not followed quickly on the federal deregulatory path. Ac- Cording to the chairman of the American Trucking Associations, the trend of deregulation at the federal level has not really spread to the states. "Forty- four states now regulate motor carriers in some fashion, while six do not." The degree of regulation remains quite high as fortyigne states Continue to fully regulate their for-hire motor carriers of property." States maintain strongly their right to tax and support freight industry highway useage. At an annual meeting of the National Governors Associations, policy principles were endorsed about the right of states to tax and finance their Own Systems and their responsibility for safety of the highway users. A Complicated set of principles identified situations in which minimized require- ments would be desirable for motor Carriers operating in more than one state and how the state should coordinate their systems. The importance of these observa- tions and principles is against the backdrop at that time of pending federal legislation about a National Trucking Industry Commission to study taxation of truckers (H.R. 3612), draft legislation by the federal Department of Transporta- tion On more uniform state truck registratlon tax procedures, additional legis- lation from the American Trucking Association "advocating preempting of some long Sacrosanct state prerogatives" and other DOT directives. One Consistant fear regardless of federal or state is, what happens to the Small and medium size Community and shipper. Earlier, an ICC study found that there was no significant adverse impact on most parties involved. At the state level, a Florida investigation found that the most important factor was location rather than firm or community size. And most groups of shippers and receivers found that improvements far outweighed erosions inservice. Railroad Carrier System The Staggers Rail Act of 1980, according #8 the Interstate Commerce Commis- Sion, has substantially improved the industry. Despite economic recession and Contlnuing cost inflation, there is the belief that railroads are in better financial position than in many years. In fact, it is believed that without the Act the effects of the recession would have been far more severe. It has given Carriers more freedom and encouragement to make needed changes. There have been more mergers; the larger of which are the CSX Corporation control of the Chessie System and Seaboard Coastline Industries, Burlington Northern Inc's merger with the St. Louis-San Francisco Railway, Norfolk and Southern's control of the South- ern Railway and Norfolk and Western Railway, and Union Pacific Corporation control of Missouri Pacific and Western Pacific. "As to the future, it appears that the Current merger movement will Continue. The efficiences and economics resulting from Single line or single system operations will lead, in all likehood, to the creation of a few transcontinental system." One attractive deregulatory feature for railroads is permmission to offer contract rates. As of summer l983, 7844 rail contracts had been filed with the Commission since the passage of the Act, as shown below in Table V-l. Deregulation of railroads has extended to one important aspect of export transportation system operation--coal cargo. It is of such concern to rail car- riers and coal producers that each has commissioned studies and petitioned the 78 Commission to elther regulate or deregulateh A study by the Coal Exporters ASSOCiation and National Coal Association found: Table V-1 Contracts Approved Commodity Group Contracts Percent Grain/Grain Products . . . . . . . . . . . © C & © O e º e 1 O33 13.2% Coal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349 4.5 Forest Products, Lumber, Paper . . . . . . . . . . 1562 19.9 Autos, Parts, Machinery, Implements . . . 273 3.5 Iron and Steel, Metals, Scrap . . . . . . . . . 887 11.3 Foodstuffs • * > 0 e º O e o e o e o e o e e e e o e e e o e e e e e a e 984 12.5 Bulk Chemicals and Minerals . . . . . . . . . . . . . . 1769 22.5 All Others—Service-Misc. , Ftc. . . . . . . . . . . . . _987 12.6 Totals 78.44 1 OO. Oſó Source: Reese H. Taylor, Jr., Chairman, Interstate Commerce Commission. Testimony before the Surface Transportation Subcommittee of the Senate Committee on Commerce, Science and Transportation on the Staggers Rail Act of 1980 (Washington, D.C.: Interstate Commerce Commission, July 26, 1984). l. coal export railroads have market power Over domestic ship- pers; - 2. domestic railroads have market power in world Coal trade; 3. economic losses are Caused by exemption; 4. antitrust Sanctions are inadequate; 5. Comparing rail rates to Coal prices does not lead to the COnclusion that rall rates are reasonable. The study in general determined that exempting coal export rates from regulation is not justifled. It predicted that "deregulated rail rates for export coal would average 57% higher than if they remained regulated." With higher freight rates anticipated under deregulation between l983 and l990, 450 million fewer tons of coal would be exported at a domestic shipper revenue loss of $20.8 billion dollars and an export receipts loss of $21.4 billion (including higher rail revenues). It would also result in a cumulative reduction of U.S. real income of $4.2 billion. The importance of this discussion is that rallroad Carry the predominate amount of coal for domestic use or export (Table V-2). Indeed, much of it for some parts of the Country is carried only by one company. For example, railroads carry 99.78% of the anthracite and bltuminous coal pro- duced in 1980. - - - 79 Table V-2 MARKET POWER OF RAILROADS OVER DOMESTIC SHIPPERS: SHARE OF EXPORT TONNAGE IN CEA SURVEY WHICH WAS CAPTIVE TO ONE CARRIER FOR MOVEMENT FROM MINE TO PORT Mode and Capacity Status (1) All-Truck: (2) From Points with Rail origins (3) From Points with Rail Origins (4) All-Water (5) Truck-Water (6) Rail-Water (7) All-Rail: (8) From Points Served by Two Railroads (9) From Points Served by One Railroad (Row (7)—Row (8) (10) All Modes Combined Anthracite and Bituminous 1980 Tonnage (Thousands of Tons) (1) 81.2 7.7 73.5 0.0 0.0 0.0 37,344.6 1,175.5 36, 169.1 37,425.8 Percent Share (IJT37,475.3)x100 (2) 0.22 0.02 0.20 0.00 0.00 0.00 99.78 3.14 96.64 100.00 Bituminous Only Iššū Tonnage (Thousands of Tons) (3) 0.0 0.0 0.0 0.0 0.0 0.0 37,104.1 1,175.5 35,928.6 37, 104.1 Percent Share (3) T37,IGHTXIGO (4) 0.00 0.00 0.00 0.00 0.00 0.00 100.00 3.17 96.83 100.00 Source: Verified Statment of Richard B. Blackwell in Support of Complaint vs. The Atchison, Topeka and Santa Fe, et al., Docket No. 38301S: Rows (1), (2), (3), (7), Table 1. Rows (4), (5), (6), p.3 Row (8), p. 9. -. Row (10), Table 1 and p. 3. Source: National Economic Research Associates, Inc. Railroad Exemption -- Export Coal (Ex Parte No. 346 (Sub 7)) before the Interstate Commerce Commission (Washington, D.C. ETNERA, Coal Exporters Association, National Côal Association: December 18, 1981). g Table V-3 COAL, EXPORT PRICES 1960 - 1980 F.O.B. Mine Price Average Rail Freight to Port Holmes Bales Holmes Bales Current Constant Current COInStaint Current Constant Current Constant Dollars 1972 Dollars Dollars 1972 Do!!ars Dollars 1972 Dollars Dollars 1972 Dollars 1960 NR $ 5.12 $ 7.45 NR $ 4.08 $5.94 1961 NR 5. 20 7.50 NR 4.08 5. 88 1962 NR 5.30 7.51 NR 4.08 5.78 1963 NR 5.31 7. 41 NR 4.08 5. 69 1964 NR 5.50 7.56 NR 4.08 5. 61 1965 NR 5.54 7, 45 NR 4.08 5. 49 1966 NR 5. 72 7.45 NR 4.08 5. 32 1967 NR 6.07 7.68 NR 4.08 5. 16 1968 NR 6.21 7.52 NR 4. 23 5. 12 1969 NR 6.67 7. 69 NR 4.48 5.17 1970 NR 9.33 10. 20 NR 5. 13 5. 61 1971 NR 12. 20 12. 71 NR 5. 42 5. 65 1972 NR 13. 38 13.38 NR 5. 62 5. 62 1973 NR 14. 74 13.95 NR 5.90 5.58 1974 NR 37.91 32.99 NR 7.03 6.12. 1975 $44.51 $35.44 44.68 35.58 $ 8.27 $ 6.59 8.10 6.45 1976 41.63 31.51 42. 16 31.91 9.20 6.96 8.67 6.56 1977 42.51 30.58 42. 70 30.54 9.66 6.91 9.47 6.77 1978 43. 13 28. 74 43.34 28.88 10. 75 7. 16 10.54 7.02 1979 41. 74 25. 64 41.51 25.50 12. 22 7. 51 11.98 7.36 1980 40.86 23. 03 NR 13. 19 7.43 NR NR - Not reported. Source: Cols. (1) and (5); Verified Statement of Constance B. Holmes in Support of Complaint vs. The Atchison, Topeka and Santa Fe, et al., Docket 38315, Attachment Thirteen. Cols. (3) and (7): Verified Statement of William B. Bales, in Support of Petition by Norfolk and Western, Ex Parte No. 346 (sub-No. 7), Attachment H at 3. °ols. (?), (4), (6), (8): Derived from the above, using the GNP implicit Price Deflator. *...*.**ional Ecºnomic Research Associates, Inc. Railroad Exemption - Export coal (Ex parte No. 346 (Sub 7)) before the Interstate Commerce Commissi & tº & a tº G Association; December 18, 1981). ission (Washington, D.C.; NERA, CoalTExporters Association, National Côal g Of that only 3.1% is produced is areas served by railroads. (See Table V-2). In 1980 the average rail freight to a port, according to several studies, was approximately 32% of the mine price (in current dollars). The mine mouth Cur- rent dollar price was $40.86 per ton for coal export, plus $13.19 transport to the port for a total port price of $54.85 per ton. Effective September 12, 1983, the ICC Export Coalzºecision exempted all aspects of export Coal transportatlon from regulation. And, as required by Section 208 of the Staggers Fºl Act of l980, an ICC study on railroad contract rates was undertaken in l984. Reflecting the concern over confidentlal Con- tract information, most railroads and shippers participating in the study reques- ted that their contract rate/making practices and individual information be kept Confidential. Thus, this report provided a general Overview of the contract rate making and did not disclose specifics of individual Carrier or shipper Contracts or practices. It added further that a major element of the act was to "protect the confidentlally of contracts and allow railroads and shippers a degree of Confidentially similar to that of other businesses throughout the Country." Coal transportatlon costs still influence major decisions for regional development and therefore export activities. Southwestern states, according to One state official, require additional transport lines to develop nearby energy Sources. In one case a railroad with Captive access to the source would charge a rate high enough to Convince the utility buyer to look for a coal source outside the state, or at least an alternative transportation mode. As a result, a coal slurry carbon dioxide pipeline is being examined as a possibility. The utility Official voiced a need for Congress to take into consideration Captive markets, particularly utility, coal shippers and to protect them through the Interstate Commerce Commission. .. But the Maryland legislature (joint House-Senate Study committee) rejected a bill to "grant eminent domain authority for proposed coal slurry pipeline through Maryland." It would link Coal fields in West Virgina through Maryland at the Cheasepeake, Bay. The recommendation is not binding but it will carry Consi- derable weight.” This further illustrates to introducing new technology. The situation regarding coal export has gotten more complicated.” After the ICC exempted coal export from regulation, suits were filed and an Appeals Court reversed the ICC decision. The Commission then asked the Supreme Court to overturn the United States Court of Appeals, District of Columbia Circuit deci- sion. the ICC reportly argued that market forces were sufficient to establish "the most effective means of insuring reasonable rail rates on export coal." The Court did not agree and said that the ICC failure to prove that effective competition against railroads exists in the export Coal market... if permitted to stand, will effectively preclude the ICC from any significant use of the exemption power intended by Congress to be cornerstone of federal rail transportation policy. Ports "have a special interest in Contracts because of their rights under the Staggers Act to protest Contracts that may result in unreasonable discrimina- tion." An ICC survey received responses from the California Association of Port Authorities, the Inland Rivers Ports and Terminals, Inc. and the Pacific Coast Association of Port Authorities. The opinion is split. Four of the eleven Cali- fornia ports responding felt that contracts did not help them and that the overall impact has been negative. Confidentiality is a negative factor. They just do not know as a result how contracts may help them or not help them and 82 fear unreasonable discrimination. Inland river ports also feel that they have not benefitted and that the confidentiality factor is very important for the same reasons. For the larger membership of the Pacific Coast Association of twenty- four ports, nineteen of which are U.S. ports, there is also division of opinion. Some believe that the practice has been beneficial because it provides "a marke- ting tool that allows aggressive port sales staff to develºp new business." But that Contract Confidentiality has a negative aspect to it. - It is believed that the contract rate making has bºn "one of the most Sucessful regulatory measures provided by the Staggers Act."** For the railroads * Contract revenue constitutes an average of 26.5 percent of total revenue. * Contracting has intensified intramodal competition and has also been successful in attracting traffic from other modes. * Growth in contract traffic is anticipated to be five to ten percent annually Over the next five years. * Contracting was especially useful in weathering the recession as Carriers were able to obtain volume commitments in return for rate ConCessions. * The major benefits of contracting were the ability to lock in traffic; flexible pricing to quickly meet market conditions; and the ability to tailor rates and Service to individual customers. * Confidentiality of Contracts is viewed as a key incentive to Contract rate-makeing. * * Dedicated cars or equipment are not a major part of Contracting. On the other hand, the railroad experience does not carry over necessarily to the shippers or the ports. For example, * Most reporting shippers, with the exception of Coal burning utilities, indicate that they have benefitted from contracts with the primary benefit being reduced rates. . * Most reporting shippers felt that the greatest benefits of Contracting were realized by shippers with competitive transportation alternatives. - * Most reporting shippers indicated that contracting was successful in diverting traffic from other modes to rail. rail. * Most reporting shippers viewed the Confidetiality of Contracts as a postive factor in negotiating Contracts. - On January 16, 1985, the Association of American Railroads and the National Industrial Transportation League came to an agreement about joint rates, route Cancellations and changes. This is very significant in that their agreement will be recommended to the ICC to form the basis of a guidelines for rule making. Now, a rail carrier "proposing to cancel a through 4–5 days prior to the effective date of such cancellation." It also provides an opportunity for the affected party to respsond and establishes a procedure that the protestant would need to Iſleet with a carrier before going to the ICC. The word "significant" is used Several time insofar as the impact or effect upon the shippers and it is n% defined. It is anticipated that this will be an issue for the ICC to resolve. User groups and some of the smaller carriers are feeling the negative effects of deregulation. Routes are being consolidated, lines abandoned, service limited prices in some cases raised, and joint switching rights may be set at Conducted higher rates, or cancelled. These lead to an anticompetitive environment and more captive market sectors. According to the president of the Association of 83 *. American Railroads, "there ls no more important fight for us." Part of the reason for the growing movement may be in the following observation: "the benefits of deregulation, while real enough, tend to be diffuse and indirect (emphasis Supplied). But when deregulation imposes cost on ºtain groups, such as the Shippers, the political reaction is focused and sharp." Another important goal of the Staggers Act is to balance the need for railroad revenue adequacy and promoting intermodal Competition. Some belleve that in the long-run these may º be compatible and offer intensive economic analysis to show the possibilities. Another aspect of the deregulatory era is railroad operation or merger with Competitive modes. Evident already is the rapid entry of railroads into trucking operatlons. There is the additional example of a railroad purchasing a barge line. This directly alarms barge operators and brings back memories of the era When rails were able to compete in a most predatory way to capture business. Then, they put the barge companies out of business and raised their rates. These fears are being brought up again. Representatives of the railroad industry believe that there is no demonstration "rail-barge mergerºyill not harm competi- tion and that they can in fact produce efficiency gains." While deregulation is occuring there is a growing belief that the transpor- tation System still has Over Capacity. Of particular relevance to agricultural users is the decline in the agricultural export markets and results over supply of transportation Capacity. Even with the projected ten percent increase in the market by 1985, the System can absorb it. In turn, there is still concern though on "the evolving consolidation" within one mode and among modes. There is a real possibility that agricultural shippers Wilſº be presented with fewer competi- tive markets and fewer shipping alternatives. - The Canadian syſtem has been feeling similar forces and will most likely be very Competitive. Canada's grain transportation System can probably move 30 million metric tons of export grain in 1985/86 if proposed additions are completed. However, bottlenecks will develop in the west as exports Of nonagricultural bulk Commodities resume and exceed their prereces- sion levels. The Canadian system will be hardpressed to increase grain and oilseed exports to 36 million metric tons by 1990 given proposed investment levels. - - Canada could expand its market share, possibly at the expense of U.S. grain and oilseed exports, if the transportation constraint is overcome. Improvements in grain handling and transportation facill- ties that enable Canaded to deliver grain without costly delays will enhance its competitiveness in the World market for grains by helping establish Canada's reputation as a reliable supplier. Shippers seem in general to have mixed opinions on deregulation. They are pleased but worried. Apparently, there is an "unprecedented increase in railroad action to eliminate competing railroads from the market place." Known as vertical foreclosure, to railroads it means "joint rate and route cancellations, the outright closing of reciprocal Switching, or the raising of reciprocal Switching charges far beyond reasonable rates to make them economically prohibitive." As a result the shipper has many fewer options among competiting roads. An industry group, "The Procompetitive Group" established in 1983 by a variety of shippers, believed the ICC is not implementing the act strongly enough in these statutory 84 areas.” To put the Concept of intermodalism in better perspective, it is necessary to address the Competitive positions of trailer or containers on a railroad flat Car against the traditional railroad box car. Railroads provide both services and it is most likely that the container technology eats into the box car traffic. One of the most Contested issues before the ICC was boxcar exemptions. There is also the recent change permitting larger and longer motor carrier freight vehicle COmbinations on the Interstate. This will impact boxcar traffic too. ACCOrding to some, "boxcar traffic is approaching a solid core" and "boxcar deregulation will help protect that Core." The kind of commodities carried best by boxcars appears to be "heavy-loading commodities, products requiring high cube equipment with less-sensitive Commodities." In order to compete effectively with TOFC 33d COFC boxcars had to be deregulated and Conrail was a big motivator for this. Another important component of intermodalism is labor. The regulatory System now allows greater flexibility and competition, technology is either available or On the drawing boards for improvements, but labor practices may not fully allow greater productivity. A relevant example is the Road-Railer concept tested in the Conrail corridor between Buffalo and New York City. After eighteen months it was found to be very competitive and favorable, with the execption of Work crew costs. Unions "refused to adjust the one hundred mile rule and to decrease crew size to a total of two; a trained pilot and copilot, each of whom is trained as an engineer and brakeman so that they can exchange duties during the trip." With such work rules future rail carriers will be much fewer in number an; carry only bulk Commodity requiring less labor over longer distances. * Representing new technology that is coincident with the development of deregulation is a dedicated coast-to-coast intermodal train service of double deck units. Utilizing a specially designed flat Car, train Service started July 21, 1984 between Seattle, Washington and Kearny, New Jersey. There are "twenty Car sets, each with five articulatd platforms. Each platform has positions for two forty or forty-five containers." "The end platforms can also hold two twenty foot containers and one of the larger Contal ners. This gives each Car set the capacity to hold up to twelve containers." The service uses Union Pacific, Chicago and Northwestern, and Conrail rights-of-way. It was established by American Preſident Lines with the equipment made by the Budd Company of Philadelphia. An illustration of the dynamic rate structure and how different Ser- vice/technology combinations may be is Table V-4 , , quoting rates from Trailer Express, December 1, 1984, for shipments from Chicago to Seattle. Note the close cost range and how the price structure dropped for less immediates;hipments and those services offered by steamship, container trains or backhauls. There are further complications for what the ICC is attempting to do. . . The literature and experience to this point suggest that, goals as with other kinds of public polcy may not be compatible as given in the original legislation. In fact, one source suggests much of the difficulty of the ICC in implementating Staggers Rail Act is tied to multiple policy objectives. "This tendency to treat the various objectives separately is encouraged by the fact that the many inter- connected issues are subject to separate rule making and individual Cases before the ICC." The goals of the Act include revenue adequacy, protection to captive (or market dominant shippers, relaxing regulation of competitive traffic and 85 revenue enhancement of deficit traffic.97 Table W-4 Transport Options From Chicago To Seattle Door-to-Door (Most Points) 1. In a 45' Railroad Trailer (3,000 cu. ft.) $1,754 to $1,770 2. In a 40' Railroad Trailer (2,750 cu. ft.) $1,704 to $1,720 3. In a Backhaul Reefer Trailer (unit off) (2,450 cu.ft.) $1,620 to $1,670 4. In a 40' Steamship Container (daily) (2,500 to 2,700 cu.ft.) $1,520 to $1,670 5. In a 40' Steamship Container “Stack Train" (weekly) (2,500 to 2,700 cu. ft.) $1,415 to $1,470 6. In a 20' Steamship Container (daily) (approximately 2,200 cu. ft.) $ 890 to $ 965 7. In a 20' Steamship Container “Stack Train" (weekly) (approximately 2,200 cu. ft.) $ 850 to $ 925 Or Rail Spur to Rail Spur 8. In a 50' Railroad Car (5,000 to 5,300 cu. ft.) $1,400° ** On 45,000 pounds, add $1 per 100 pounds over 45,000 pounds with $150 switching charges absorption on each end if not on the BN. 9. Truck rates can be quoted at about $1 per mile from or to almost any point in the 48- state area. That would be about $2,000 from Chicago to Seattle. You as a traffic manager can use options, for you can then buy transportation to suit your special needs. Allow two days longer and you can save huge sums to use the railcar. It now competes with both trucks and rail. On light and bulky freight, it is a 50 per cent savings. Third parties do have special deals, for they buy volume lots and give you the benefits of that buying and their nationwide coverage and Service very few companies can match at a competitive cost. - Source: Fred H. Tolan. "How A Traffic Manager Survives Under Deregulation" Traffic World (Vol. 200, No. 12, December 17, 1984), pp. 73. * Reprinted with permission. Many parties have pleaded for fairness and equity, which in their cases means they are losing some of the Captive shipper protection they enjoyed pre- Staggers. Or, there may be Calls from parts of the industry, that have not had to compºte as much, about sunk Costs and rates of return. A caution in this regard lS : Any transition mechanism must thus come to grips with the essence of the transition problem from a political as well as an economic perspective: who is to bear the consequences of the "over- head" of sunk costs. Misunderstanding or failing to recognize these transition problems Can pose substantlal dan gers: Specifically, premature application of economic Concepts that, while arguable valid in some future regime in which all sunk cost are amortized, decidely do not account for the effect of these sunk costs on the marketplace in the short run. Misunderstandings of the transition problem may also encourage false conclusions about the eventual results of de- regulation, that is, the long-run Competitive equilbrium and industry structure that will emerge. As a Consequence, policy recommendations designed to address the problems of the transition may inadvertently 86 frustrate the ultimate goal of deregulation. By the summer l983, a review.” of the ICC's implementation of the Staggers Act of 1980 found that the railroad financial performance has been mixed, few railroads earned adequate revenue, selected shippers saw change in rates and Service, and the ICC investigated fewer shipper rate protests. Forty-two ship- pers were Contacted, representing the Category of possibily lacking competitive Shipping alternatives before the Act was passed. About half were generally dissatisfied. About half thought that service has improved, "though few attri- buted it to the Staggers Rail Act." About half said that they had benefitted from the contract provisions. "One noted that it had contracted to move 98% of its coal at rates 20% below the railroads published rate." The act had changed provisions for obtaining an investigation or suspension of an rate increase. It became more difficult and thus found that before the act in a two year period about twenty percent of the cases were investigated and after the act only about eleven percent. For the same time periods, suspensions fell from eight percent to almost ten percent. For states, Staggers permitted federal preemption of intrastate rate regu- lation. Part of the concept was based upon the belief that "state rate regula- tion, in the absence of market domiance by railroads, is completely preempted." This will limit the future role of states "to rigidly exercising present and forthcoming ICC standards and procedures." On the other hand for motor Carriers, there is no preemption evident yet. Many felt that "preemption was a pragmatic remedy to the conflicts and frustrations resulting from state regulation." It has changed so much that "tºy independent state economic regulation of trans- portation no longer exists." Rapid progress made under rail derégulation thus seems to be under Challenge from many parties. One notable situation is Coal export regulations. A three Judge federal Appeals Court overturned the ICC's Coal export rate deregu- lation de:# ion in 1983. The court said "The ICC had tilted too much toward railroads."” Furthermore there is continuing dissension at the ICC and in public press. Doubt exists about the continued direction toward deregulation, or whether there will be reregulation. parently, clear-cut clash of philosophy is found at the commissioner level.” Continuing this thrust of uncertainity is the possibility of federal invovlvement again via Congressional action on the Concept and application of deregulation. With this perhaps in mind, "the ICC announced that it will underta; a consolidated, review of its post-Staggers regulations in a single proceeding." Nevertheless, deregulation of railroads has been successful in general 44 and in one of its main objectives - rehabilitating the System. Much of the massive capital inflow for maintenance and development has been in anticipation of improved earnings caused in part by deregulation. Over the past five years railroads have invested more than $60 billion in maintenance, renewal and expansion of track, yards, termi- nals and equipment. And this investment has been made over a periCd characterized mostly by economic recession. - Today, America's freight railroad have virtually eliminated main-line deferred maintenance. Conrail...is running freight trains at 70 mph over some of the finest track in the industry. Trans- continental shippers are guaranteed fifth morning delivery on Coast traffic, and third morning delivery between the west Coast and Chicago—all highly competitive with motor Carriers. 37 And, The rate of increase in rail coal rates since Staggers--27.3% before adjusting for inflation -- is less than the corresponding increase in electric rates. Railroad Coal rates today are a smaller percentage of the delivered price of coal than a decade ago. Through Straggers would have allowed the railroads to raise their coal rates 22% above the rate of rail inflation since l980, railroads have raised their coal rates by only about 3% above such a level since 1980. And al most half the coal we move now moves under contract -- with most Contracts representating reduction in the precontract prices. Ocean Carriers System It is far too early to be able to assess adequately and accurately the impact of the Shipping Act of l984. However it is desirable to identify apparent issues. Temptation is considerable to view the legislation as a deregulatlon bill; therefore, rounding out the deregulation of motor carriers and rail with shipping. That is not really the Case and there is good reason for this, no- twithstanding strong expectations in this regard. At first glance it may appear an internal Contradiction that conferences are allowed and continued. This is an outgrowth of the original Shipping Act of l916. Reflecting an era of turmoil, it was an attempt to ratlonalize cut- throat and severe competition in trade. The conference approach appeared to be the best way to organize the industry, provide for the national interest, ratio- nalize a division of trade and insure American maritime capabilities. A driving reality was that international acceptance of carrier conference agreements had been historic, and for the United States to compete and cooperate in world trade, such an approach was deemed necessary. House and Senate Conferees stated that "the reasonable use of conferences and other conservative activity to address Structural Competitive problems, such as severe rate instabillty and Over Capa- City" are acceptable aims. Underlying this determination is also a realizatlon that the major economic allies of the United States continue to tolerate or even support Conference and other cooperative carrier activity, in many Cases in a measure far stronger than our laws have tolerated. Any major change in regulatory policy, although not precluded by these differences in approach, should be taken with a sensitivity to interests of friendly nations, and, insofar as possible, in tandem with them. Also involved is gradual errosion since l8lb of carºr antitrust immunity as originally granted. It Would appear that such erosion has rendered those protections largely illusory. Conferences act at their peril in Conducting the very activities that the shipping act contemplates they won't undertake, because the FMC and the courts usually view such activity as anticompetitive combinations which are presumptively Contrary to the public interest. Some of the results of the incremental erosion are: l. Delay in the FMC's approval process for Section lb agreements sometimes stretching on for years. * - 2. Application of vague standards of approvability for Section 15 88 agreements and subsequent loss of predictability in regulatory decisionmaking. 3. Conflicting views of executive branch agencies concerning acceptable Conference practices, as well as shifting decisions by the FMC and the Courts, have created confusion over the responsibilities of the Conferences and the Government's regulation of conference activities. 4. A "chill ling effect" on the efforts of carriers cooperatively to arrive at rational Commerical arrangements to improve U.S. parti- Cipation in Our liner trade, increase operational efficiency, and promote Comity with our trading partners. These efforts not only face Constant risk of opposition from the Antitrust Division of the Department of Justice, but have exposed all parties to presecution or the threat of prosecution under the U.S. antltrust laws. In perhaps the best statement of the philosophy and need counter to deregu- lation of the land transportation system is the following language from the Senate Report. It is fascinating in that it mentions reasons from the interna- tional sphere as to why anticompetitive forces should be encouraged:* A new statutory framework, establishing a new regulatory philosophy, is needed to allow Carriers and shippers to conduct international trade in a stable efficent and fair manner. It must place a new emphasis on harmonizing U.S. policies and practices with those of our trading partners and removing the handicaps which our laws have imposed upon Our Own Carriers. DOmestic rules of Competi- tion may work at home and fully justify recent deregulatory approaches to reexposing domestic transportation to the antitrust laws; they have been proved, however, not to work in international liner Shipping. This bill recognized that such phenomena as Contalnerlzation, state-controlled fleets, the aspirations of less developed nations to possess merchant fleets, and cargo sharing arrangements by multilateral or bilateral measures were not even dreamed Of when the Shipping Act of 1916 was enacted. Concurrent to this long lasting debate was the world liner trade movement toward protectionism, as reinforced "by the UNCTAD Code, which calls for closed Conferences and bilateral allocations of Cargoes among the trading Countries (ef- fective October 1983)." All this at a time that Over capacity had wor- sened, containerzatlon had increased efficiency, and Curtailed shipping demand. "State-controlled carriers (particularly Soviet) have impinged on existing business, offering in some instances rates below the costs of a American-flag carriers." And in some cases "several Countries have used the American open conference system to gain a piece of lucrative American trade." For reasons of national pride, even among newly emerging third world nations developing their own fleets, maritime fleet capacity most likely will increase despite questionable profitablity. National flag liner fleets are more a political and military force than a trade force. There has been a large drop in the number of flag liner companies. In the U.S. the number has decreased from nineteen in 1970 to eight in 1983. A similar period of reduction starting even earlier has reduced the Japanese flag lines from twenty to about six lines Controlling "around 80% of all tonnage operated under the Japanese flag." The U.S. Comptroller General argued that competition should be increased. In a letter, June l, 1983 to the Chairman, Committee on the Judiciary, House of Representatives he stated that the U.S. flag liner fleet "is not in a state of 89 decline Commonly ascribed to it, and its present condition does not justify a major revision in the Shipping act." Contalnerization technology which in fewer ships Carrys the total cargo, makes the claim possible. He agreed that it may be necessry in the future for carriers to form "consortia in order to pool their resources" to take advantage of technology produced larger more costly vessels. The GAO telt that if Congress were "to eliminate antitrust immunity for liner Operators Serving U.S. foreign trade...," Amerlcan diplomatic relations would be affected, high Cost U.S. t1ag Carriers would be affected, but it would lintroduce price Competition and reduce wasteful service Competition. F35eign Operators flag liners would be subject thus to the American antitrust laws. There is a body of opinion that believes the act does "reduce U.S. government regulation of Carriers whlle placing greater reliance on shipper demands for low rates, and good Service as a means of 'regulating' carriers." It does so in three ways: l. It makes clear that carriers may receive antitrust immunity for the Collective Setting of rates for through transportation. 2. It makes major Changes , both substantlve and procedural, in the way that government reviews multi-carrier agreements. 3. It expands the antitrust immunity Conferred on carriers for their COllectlve actionS. The act also provides "shippers provisions" which include a mandatory write up in an independent action for Conference carriers and statutory recognition of Service Contracts and Ocean liner transportation in the shippers associations. "It ls believed that thesisprovisions enhance Shippers ability to bargin for better rates and Services." •' One of the more widely reported elements is contract authority granted under the lintermodal Section. "Conferences may lawfully received authority from the FMC (thereby receiving antitrust immunity for collective setting for intermodal through rates)." This allows Carriers to market intermodal services. It distingishes between "inland portion" and "inland division". The former being the actual geographic Section of travel offered by common carrier and the later beling the allocation of costs to the carrier for that portion. It prohibits discussion or agreement regarding the inland division (prices or charges) on through rates. Also, a Conference cannot negoitate with a group of nonocean Carriers (e.g., truck and rail) on any matter relating to rates or services pro- vided them by those nonOcean Carriers. "Thus the antitrust immunity gxtended by the Act is limited only to the ocean side in most large concerns.” It would appear then, that the Shipping Act of 1984 has eased government regulation of Carriers within the Conference system. And it has "provided a strengthening of Shippers negotiating power vis-a-vis carriers, so that shipper regulations Could substitute for governmental regulation." Independent of the actual passage of the Shipping Act of 1984 was a "Notice of Inquiry and Intent to Review Regulation of Ports and Marine Terminal Opera- tors" (Federal Maritime Commission, Docket No. 83–38), initiated on September 14, 1983. The Commission requested comments from the public on this matter and the period for Comment closed December 2, 1983. The inquiry addressed marine terml- nal tariffs, filing of approval of marine terminal agreements, gºd the need for continued antitrust immunity for marine terminal operators." The Comments submitted and hearing record determined that "the vast majority of the commenta- tors indicated that terminal tariffs should continue to be published, centrally located, easily accessable, and flled with the commission." Some of the reasons 90 offered in favor were that it would insure proper notice of shippers, carriers and other users of port facilities about other revelant charges, rules and regula- tions. It would also "insure ready access to market information" and "provide information to other terminal operators resulting in stability and abating the possibility of rate wars." - The American President Lines, Eagle Marine Services, Virginia Port Authority and Port of Seattle stated that the information would be available at the opera- tor's place of business or by the port terminal Operators. Regarding agreements, "no clear Consensus emerged" on exempting terminal agreements from filing approval requirements. However twenty-five percent thought the status quo should be left. Many Overall believed that the public notice elements were essential for "business intelligence". "An Overwhelming majority" thought that antitrust immu- nity for port and marine terminal industry should be continued. Forty percent believed that stability would result from continued antitrust immunity; it would help avoid rate wars and provide consistency and uniformity in rates and practices. It would also protect Small ports from predatory larger ports. Another aspect is that one-third felt that the port industry is a "unique and essentlal industry." Many seem to believe that the stabillty and consistency provided by antitrust immunity allowed to public enterprises, that is, the ports must be very capital intensive while Operatlg in a very dynamic rate service market. Long term agreements Can result and this would be a better way to build new technology and facilities, such as Container terminals. It also helps retain public confidence for purchasing low Cost financing bonds. The role of informa- tion exchange is quite valuable and would allow Conferences to pool their know- ledge, experience and expertise for terminal activities. It would also provide them with the same kind of parity to help offset powerful Ocean a carrier Confer- ences and high volume shippers. Some were concerned by the "whipsawing" of ports and prices. As a result of the inquiry, a report ** was made and with the recommenda- tion that rules should be prepared by COmmission staff to l. unconditionally exempt fully non-anticompetitive terminal agreements from all filing and processing requirements, including: a) strictly landlord–tenant leases of on-dock and off-dock facilities; and b) agreements detaillng ar limited to facilities and services used in connection with the handling of proprietary Cargo. 2. specify that terminal Conference and interConference agree- ments continue to be filed and processed under existing rules and procedures; and 3. exempt all other terminal agreements from the 45-day waiting period of section 5, on condition that they be filed and published for informational purposes. Divergent testimony is provided in the record. Leading executives of the major ports in the nation commented upon the difference between the port public Community andits role in serving the public interests of its area, and the nation. The majority did support the need for antitrust immunity of terminals and ports. Unbridled competition, Concensus agrued, would only diminish imple- mentation of the public interest. The hearing officer drew the conclusions that the public nature of the ports and marine terminal Operators "constltute Commu- nity investments financed by the taxpayer justfy the greater protections and Safeguards provided by antitrust immunity." Also it was determined that "termi- nal rates are not excessive, and are often barely compensatory or noncompensa- tory. Terminal conferences often help achieve Compensatory levels." Oddly, it 91 was noted that Competition is not stifled by the Cartels authorized with anti- trust immunity simply because they are not that efficient. And, "independent terminal Operators use the benefit of antitrust immunity to Compete more effec- tively with carrier-affiliated MTO's." In line with the interim authority granted to the FMC by the Shipping Act of 1984, the hearing officer found that the antitrust immunity for shipping should be Continued, however not blindly adhered to for an unknown future time. The Shipping Act of l984 requires that the question of antitrust immunity for ports and marinal terminals be Considered in the report developed by the Advisory Commission on Conferences and Ocean Shipping, established by ths Act. It would COver informatlon Collected and analyzed over a five year period. Both reports, part I and II, have been reviewed and adopted by the Commis- Sion and the Proceeding contlinued as of January 18, 1985. With the passage of the act, the ocean Carrier industry is somewhat more Optimistic. But it has been down so low, according to SOme, that the optimism is understandaº. "Those in U.S. shipping circles feel that you can only go up from the bottom." Never ess, there are realistic fears of overtonnage, rate wars, and more stress.” The background of optimism has perhaps encouraged new technology, ships and services. Constructed by a South Korean Company for $570 million, the United States Lines is purchasing "l2 new mammoth container vessels" to be used in around-the-world service. "The vessels, 950' long by l()0' wide, can haul more tha 4,420 foot containers stacked eight below deck and five above." The ship will take 84 days for around the world service. The Atlantic Line is purchasing $300 million of flexible container ships carrying 2300 twenty foot equivalent units. The Barber Blue Sea Line is purchasing the largest RoRo ves- sels in the world. Lykes Brothers Steamship Company is adding six ships to the Pacific fleet. Evergreen Marine Corporation of Taiwan already has twenty-four G-type Container ships (Carrying 2720 TEU) for around the world service. Even with more tonnage in the Pacific, thehre is a lot of traffic moving east and that reflects the current import situation in the United States. It is also antici- pated that ocean carriers will expand their trucking ocmpany agreements and rights for increased consolidated service. They will not purchase or start, though, their own Companies in domestic United States transportation. - Besides overtonnage at a time when many ships are "sailing out of the United States ports as much as two-thirds empty," is continuing diversion of United States cargo to less Costly Canadian ports' and bilateral trade agreements cause further concern. Canadian diversion is high. "One steamship executive estimates some fifty percent of outbound container cargo, mostly from Midwest, moves on the North Atlantic via Canada." Bilateral trade agreements reflects the attempts of less developed nations to "protect their own fleets from more effi- cient carriers." Overtonnage is part of the trend toward around the world liner service and load centers developing American coasts. Some experts believe that the high value of the dollar has changed the Cargo mix to low rated products as raw materials, scrap rag, and resins to specific Pacific Rim and Asian Countries. Formerly, there was machi- nery and heavy industrial equipment. Under the around the world liner service changes have already begun to occur. The two companies 92 offering such service, U.S. Lines and Evergreen, have begun to bite into the load factors of other carriers and will increasingly take a Share. The diversion in the Pacific trade for the east bound land Can be absorbed by other carriers reasonable better than on the Atlantic Side and East Coast U.S. lines "has cut its east coast ports of Call to just two - New York and Savannah – and others are expected to follow." . It is noted that the trend to Consolidatlon is not new but it has accel- erated. Conference groups are already changing. Under the new act they may oper- ate in more flexible manner and it would appear that consolidation is the trend. "For example, the nine east bound and west bound conferences that once governed trade between U.S. East Coast, U.K., Europe, and Scandinavian have been replaced by just two - One east bound, the other west bound - with authority from Main to Florida." By March l, l985, "the four conferences that deal with trade between the U.S. East Coast and the Mediterranean become just One, and on the West Coast, One Conference with twenty carriers already signed up will repláge several formerly involved in U.S. trade to the Far East and South East Asia." It is interesting to observe that the Concept of super ports based on load Centering by the ocean carriers has received indirect support by the Federal Maritime Commission. A question occurred about natural tributary cargo and the FMC ruled that "cargo originating at a particular geographic point cannot be considered naturally tributary to any port, no matter how close together the port and point may be. The agency cited "the rise of Contalnerization, inter- modalism, and load Centers as a basis for its decision." This may facilitate the growth of load centers in places such as Seattle and Los Angeles, even jough there is excess capacity in the industry now and more ports Can compete. Under the Shipping Act of 1984, service Contracts were allowed. Since the bill's passage, during the fiğt six months over 310 have been filed at the Federal Maritime Commission. The contracts are still governed by regulatory rules however often they are at lower rates than published tariffs. There are additional benefits that were anticipated by the act that "the Contracts make the market place regulatory of business, as Carriers Can tailor their services and rates to meet the specific demands of shippers." "Many contracts focus mainly on guaranteeing vessel space in return for a guaranteed volume of goods over a specified time." According to the FMC, by November 28, 1984, 303 contracts Were filed and "one-third were submitted by Evergreen Lines, the non-Conference Taiwanese carrier that initiated around the world Service earlier in the year." Contracts seem to be available for many diverse Categories. Evergreen was quick to reassure that the rates were not mandatory and that they are"normal for the market." As a large independent, Evergreen Could be disciplined under the Shipping Act by the other conference members. Evergreen has more freedom to offer Con- tracts initially than conference members who may be disciplined or prohibited by Virtue of their conference membership. "Over 200 of the Contracts filed So far at the FMC are for U.S. imports." And shippers may certainly benefit from Con- tracts locking in future space, pricing and timing. But if market conditions Change particularly with the over capacity that generally exists, shippers may be locked into paying a higher amount which initially looked advantageous. Representative of the difficulty the liner and ship Construction industries are encountering is the cost differentlal for both operational labor and ship Construction. Table V –5 illustrates representative crew costs for U.S. flag Ships, OECD and non OECD flags. For the various types including liner, dry bulk 93 and tanker, the difference is astounding. Daily costs are mainly a function of wage rates. For the OECD members the difference is for liners is almost one- third less and for the non-OECD the difference is almost one fifth. Ship con- struction Table V-6 illustrates representative building costs in millions of dollars for liners, dry bulk and tanker. The differentlal is rather considerable compared to Japan. For liners the United States is ost twice as much. The relationship relatively holds for the other categories. Table W-5 Table W-6 ive Ship Constructions Costs Representative Crew Costs Rºman's º U.S. Flag OECI) Flag Non-OECD Flag U.S. Japan Manning Daily Manning Daily Manning Daily Ship Type Level Cost Level Cost Level Cost Liner (2,450 TEU”) $118.0 $61.5 Ship Type Dry Bulk (35,000 DWT.”) 62.0 27.3 Liner 39 $8,200 33 $3,061 37 $.1,616 Tanker (90,000 DWT") 86.0 41.3 Dry Bulk 26 6,250 26 2,100 26 1,250 *TEU: “Twenty-foot equivalent units” A standard Tanker 26 6,200 26 2,310 26 1,375 measure of containerships. **DWT: “Dead-weight tons” * & Source: Office for Policy and International 4ffairs, U.S. Department of Transportation. Source: W. R. Di Benedetto. "Washington Report – In-Fighting Is In", WWS/World Ports (October/November 1983), p. 10. Reprinted with permission. Some believe that the Shipping Act is not as clear and reform oriented as first apparent. It may be "the lawyers' full employment act of 1984", from one perspective. The Act favors large shippers and carriers at the cost of Smaller sized-shippers and carriers. The concensus of opinion is that although there may be disagreement on what the Act does and who benefits, a new set of tools is available which substantlally changes internal Gompetitigº and marketing freedom. It is up to the industry now to utilize them effectively. Conclusion With the dynamic changes in all modes of land and water transportation regulaton in the United States, and among the modes for intermodal services and activities, it is most difficult to draw firm conclusions about the relation- ships and the long term impacts on export transportation systems. Increasingly, it becomes clear that the export situation is a subset of the larger domestic transportation process and System. In some well defined situations it Can be a dominating or influenial factor, but still it appears on the whole to be subsidi- iary factor. Whether it be changes driven by political, economic, technological, or profit making forces, much seems to be in flux. For example, deregulation by the ICC of coal export rates has been challenged, as well as boxcar deregulation and 94 joint rates. The motor Carrier industry is unhappy with the taxation structure and the competition provided by railroad TOFC and COFC operations. World shipping Carriers, who are establishing larger ship service and load center COncepts for around the World routing, will exert more influence on development of port locations and supporting inland transportatlon Systems. The Shipping Act of 1984 all Owing through rate service is a step in the right direction for one- stop shopping, however that too will begin to influence the dynamics of rate structure. Such freedom in aggregate benefits large volume shippers and a select number of lines or Carriers. Despite studies of the small shipper and Small town areas (or medium size areas) showing they are not unduly injured, fear still exists. Continuing concern about regulation would therefore cause a potential demand for reregulation in some of these areas. Perhaps, one of the best ways to identify the amount of turblence and stress, as well as opportunity in the new regulatorgºnvironments, is the obser- vations from a traffic manager's point-of-view. l. There is no dependable Overall freight rate source today. It is a "mish-mash of dozens of Contracts, tariffs, quotes, discounts and new third party alternatives." 2. Carrier monopolies rarely exist now except for some limited bulk situations such as coal. There are at least five or more Optlons. - 3. The Interstate Commerce Commission as a policeman in the marketplace has just about vanished and state regulations are drop- lſ]C. P °. There is at least a 20% to 30% over supply of domestic trans- portation which is depressing rates and forcing carriers to buy "cash flow" with unwarranted rate cuts. The trucking fleet is overaged now and badly needs replacement. 5. The new size and weight limits for highway trucks will soon revolutionize most highway transportation. 6. The rise of piggyback has moved vast amounts of highway and boxcar traffic into the piggyback. 7. The decline of railroads sales staff and the loss of personal contacts presents a pale shadow of what they were five years ago. Many railroads have reduced their staffs and gone to third parties for quotations. 8. At least 75% of all piggyback shipments are now routed and controlled by third parties under the railroad today. - 9. The decline of U.S. exports from the Midwest and East to the West Coast is offering huge new opportunities for domestic shippers to use backhaul steamship containers and steamship trains to cut west bound Costs. 95 Endnotes 1 Richard J. Pierce, Jr., Gary D. Allison, and Patrick H. Martin. Economic Regulation: Energy, Transportation and Utilities (Indianapolis: The Michie Company, Contemporary Legal Education Series, 1980), Part 4, "Regulation of Transportation", Chapter 15. 2 . Charles A. Taft. Management of Physical Distribution and Transportation (Homewood, Ill. : Richard D.TIrwin, Inc., Tø34, 7th Edition), Chapter 19, "Institutional Aspects of Transport Policies and Programs". 3 PL 96–296, 94 STAT. 793–794; PL 96-448, 94 STAT. 1896–1897. 4 Tom McCarthy. "Transport (De) Regulation Report -- Shipper Choices 1981", Traffic Management Magazine (Special Report), pp. 1–5. 5 American President Lines, Ltd. Service Schedule (Oakland, California: American President Lines Ltd., May 1984). 6 Business Council for Improved Transport Policies. "Report on the Results of the Motor Carrier Act of 1980", December 1982, in U.S. House of Representatives. Hearings, Oversight - Motor Carrier Act of 1980 (Washington, D.C. : U.S. Congress, 97th Congress, 2nd Session, Subcommittee on Surface Transportation of the Committee on Public Works). - 7 - Interstate Commerce Commission. Small Community Service Study, Section 28 Motor Act of 1980 (Washington, D.C.: Office of Transportation Analysis, Interstate Commerce Commission, September 1, 1982), pp. 1-7. 8 Paul Stephen Dempsey. The Interstate Commerce Commission – Disintegration of An American Legal Institution (Denver, Colorado: University of Denver, College of Law, Transportation Law Program; Paper presented before Western Transportation Law Seminar, San Francisco, 1984), pp. 1–3, pp. 56–57. 9 - Reese H. Taylor, Jr., Chairman, Interstate Commerce Commission. Statement before the Surface Transportation Subcommittee of the House Public !'orks and Transportation Committee on the Implementation of the Motor Carrier Act of 1930 (Washington, D.C.: Interstate Commerce Commission, Jume 20, 1984), pp. 1-3. 10 Booz-Allen & Hamilton Inc., Transportation Consulting Division. Motor Carrier Executive Survey Report - Strategies for Success in the Motor Carrier Industry (Bethesda, Maryland: Booz-Allen & Hamilton Inc., June 1984), pp. iii-ix and pp. 2-3. 11 "Collective Rate Making in Trucking is Dying, Antitrust Official Says", Traffic World (Vol. 198, No. 11, June 11, 1984), pp. 25–29. 12 U.S. Department of Transportation, Federal Highway Administration. Truck Size and Weight: Final Rule (23 CRF Part 658, Part W.) (Washington, D.C. : Federal Register, June 5, 1984, Vol. 49, No. 109), pp. 23302 – 23329. 13 Robert E. Skinner and Joseph R. Morris. "TRB Policy Study: Monitoring The Effect of Double-Trailer Trucks", TR News (Washington, D.C.: Transportation Research Board, No. 114, September/0ctober 1984), pp. 15–21. 96 14 "'Final ' National Highway Network for Larger Trucks Issued by FHWA", Traffic World (Vol. 198, No. 11, June 11, 1984), pp. 29–31. 15 Robert M. Butler. "Majority States Still Regulate Surface Transportation Companies", Traffic World (February 20, 1984), pp. 25–27. - 16 "Nation's Governors Favor Uniformity in Trucking, But on Voluntary Basis", Traffic World (March 12, 1984), pp. 19–21. - 17 Richard Beilock and James Freeman. "Florida Motor Carrier Deregulation: Perspectives of Urban and Rural Shippers/Receivers", American Journal of Economics (February 1984), pp. 91-98. 18 Reese H. Taylor, Jr., Chairman, Interstate Commerce Commission. Testimony before the Surface Transportation Subcommittee of the Senate Committee on Commerce, Science and Transportation on the Staggers Rail Act of 1980 (Washington, D.C.: Interstate Commerce Commission, July 26, 1983), pp. 1-8. 19 National Economic Research Associates, Inc. Railroad Exemption - Export Coal (Ex Parte No. 346 (Sub-No7) before the Interstate Commerce Commission) (Washington, D.C. : NERA, Coal Exporters Association, National Coal Association, Before the Interstate Commerce Commission, December 18, 1981), pp. 1–5. 20 Taylor. Op. Cit. , p. 14. 21 "Transportation Costs Will Determine South West Coal Use, Official Says", Coal News (National Coal Association, September 17, 1984), p. 2. 22 Association of American Railroads. Rail News Update (Washington, D.C. : Association of American Railroads, No. 2412, December 12, 1984), p. 1. 23 - Ibid. p. 2. 24 Interstate Commerce Commission. Report on Railroad Contract Rates Authorized by Section 208 of the Staggers Rail Act of 1980 (Washington, D.C. : Interstate Commerce Commission, Office of Transportation Analysis, Section of Rail Services Planning, March 13, 1984), pp. 36-37. 25 * Ibid. pp. 3-5. 26 "NIT League, AAR Reach Agreement on Joint Rates/Route Cancellations", Traffic World (Wöl. 201, No. 5, January 28, 1985), pp. 10-11. 27 Christopher Conti. "Push for Tighter U.S. Supervision of Railroads Is A Threat to Success of Reagan Deregulators", Wall Street Journal (January 7, 1985), p. 38. 28 William B. Tye. "The Role of Revenue/Wariable Cost Ratios: Determinations of Rail Market Dominance", Transportation Journal (Winter 1984, Forthcoming, Presented to American Economic Association Annual Meeting, Dallas, Texas, December 1984); See also William B. Tye and Herman B. Leonard. "On the Problems of Applying Ramsey Pricing to the Railroad Industry with Uncertain Demand Elasticities", Transportation Research (Vol. 17A, No. 6, 1983), pp. 439 – 450. 97 29 William H. Huneke, L. Lee Lane and Thomas McNamera, Intermodal Policy Studies Group, Association of American Railroads. "Greater Efficiency or Predation: The CSX-ACBL Merger", (Washington, D.C.: Transportation Research Board, January 17, 1985), pp. 1–2. 30 "Transport Over Capacity to Continue, U.S. D. A. Official Predicts", Traffic World (Vol. 201, No. 1, December 31, 1984), pp. 16-17. 31 U. S. Department of Agriculture, Economic Research Service, Mary Ann Normile. Canada's Grain Handling and Transportation (Washington, D.C. : Government Printing Office, U.S. Department of Agriculture, Foreign Agricultural Economic Report, Number 192, November 1983), pp. i-v. 32 Fred M. Zitto, Manager, U.S. Distribution Operations, International Paper Company. "A Shippers Perspective on the Staggers Rail Act After Four Years", Paper presented at the Transportation Research Board (Washington, D.C. : Transportation Reaearch Board, January 16, 1985), pp. 1–2. 33 Perry A. Trunick. "A Long Haul for Intermodal", Handling and Shipping Management (Vol. 25, No. 4, April 1984), pp. 39–42. 34 Don Byrne. "Piggyback Seen as Rail's Future But Not With Current Work Rules", Traffic World (Vol. 199, No. 9, August 27, 1984), pp. 18–19. 35 "New Double Deck Train To Haul Containers Coast to Coast", Handling and Shipping Management (Vol. 25, No. 11, October 1984), pp. 33–34. 36 W Fred H. Tolan. "How a Traffic Manager Survives Under Deregulation", Traffic World (Vol. 200, No. 12, December 17, 1984), pp. 71–74. 37 William B. Tye. "Balancing the Rate Making Goals of the Staggers Rail Act", Transportation Journal (Summer 1983), pp. 17–26. 38 John R. Meyer and William B. Tye. "The Regulatory Transition", (Dallas, Texas: American Economics Association, December 1984), Paper presented and forth coming in the American Economic Review, pp. 1-2. 39 • U. S. General Accounting Office. Information on Regulatory Reform Under the Staggers Rail_Act_of_1980 (Washington, D.C. : General Accounting Office, GAO/RCED-83–174, August 17, 1983), pp. 1–5. 40 Kevin H. Horn. "Federal Preemption of State Transportation Economical Regulation: Conflicts versus Coordination", Transportation Journal (Vol. 23, No. 2, Winter 1983), pp. 42–43. 41 - Christopher Conti. "ICC Deregultion of Rail Rates on Coal For Export Is Over Turned by U.S. Court", Wall Street Journal (September 19, 1984), p. 23. 42 Christopher Conti. "ICC Nears Paralysis as Its Members Feud Bitterly About Deregulation", Wall Street Journal (July 18, 1984), p. 29. 43 - Daniel Campbell and John Broadly. "Assault on Rail Deregulation Gains Steam", Wall Street Journal (October 4, 1984), p. 34. - * 98 44 Richard E. Briggs, Executative Vice President, Association of American Railroads. Remarks Before the 64th Annual Meeting, Transportation Research Board (Washington, D.C.: January 16, 1985), p. 5, pp. 9-10. 45 U.S. House of Representatives. Shipping Act of 1984 – Conference Report (Washington, D.C.: U.S. Congress, 98th – 2nd Session, February 23, - • D. . 46 - U.S. Senate. Shipping Act of 1983 – Report of the Senate Committee on Commerce, Science and Transportation on S. 504 (Washington, D.C.: 98th Congress- 1st Session, February 17, 1983), pp. 6–7. 47 Ibid. p. 12. 48 U.S. House of Representatives. Shipping Act of 1983 - Report - Part 2 (Washington, D.C. : U.S. Congress, 98th Congress, 1st Session, July 1, 1983), pp. 4-5. 49 Conference Report, op. cil. , pp. 44–46; See also: U.S. House of Representatives, International Ocean Commerce Transportation, Report – Part 1, HR, 1878 (Washington, D.C.: U.S. Congress, 98th Congress, 1st Session, April 12, 1983, Section B – Intermodalism, Section C – Open Conferences, and Section D – Rationalization), pp. 12–15. 50 z - Peter A. Friedmann and John A. DeVierno. "The Shipping Act of 1984: The Shift From Goyernment Regulation to Shipper 'Regulation'", Journal of Maritime Law and Commerce (Vol. 15, No. 3, July 1984), pp. 311-14. 51 * 52 53 Ibid., pp. 340–342. Ibid., pp. 323-324. Ibid., p. 351. 54 Federal Maritime Commission. Notice of Inquiry and Intent to Review Regulation of Ports and Marine Terminal Operators, Synopsis of Comments. (Washington, D.C.ETFMC, Docket No. 83-38, 1984), pp. 1-23. 55 e Ibid., Report of Inquiry Officer - Part 1, pp. 21-22. 56 Ibid. , January 18, 1985, Part 2, pp. 1-23. 57. John LoDico. "Carriers Eye Future Problems by Economy, Backhaul", Traffic World (Vol. 199, No. 13, September 24, 1984), pp. 42-44. 58 Joseph T. Kane. "Ports and Maritime Outlook 1985, Sea Still Rough for Shipping Industry", Handling and Shipping Management (Vol. 26, No. 1, January 1985), pp. 44–52. 59 - "Divergent Views Aired on Future Development of Port Load Centers", Traffic World (Vol. 198, no. 11, June 11, 1984), p. 43. 60 John LoDico. "Service Contracts on Growth Curve in Early Months After Shipping Act", Traffic World (Vol. 201, No. 1, December 31, 1984), pp. 40–41. 61 - ſº º || - W.R. DiBenedetto. "Washington Report – In-Fighting Is In", WWS/World Ports (October/November 1983), p. 10. *Joseph T. Kane. "Slow Route to Reform", Handling and Shipping. Management (Vol. 25, No. 9, September 1984), pp. 34-38. 63 * - Tolan. op.cit., pp. 71-74. 99 Chapter VI = EXPORT SEAPORTS Introduction American seaports compose a rich fabric of diversity, and experience. Ten ports were Chosen to highlight the wealth on the Atlantic, Gulf and West Coast; Specifically examined were exports, regional draw, size, logistics and plans, intergovernmental policy, new directions and concepts. On the Atlantic Coast, case studies" reviewed the experiences of Baltimore, Charleston, Hampton Roads, and Miami; on the Gulf Coast, Houston and New Orleans; On the West Coast, Long Beach, Los Angeles, Portland and Seattle. As individual ports and as groupings by Coast they may share similar circumstances,and some- tlmes responses. Much depends on the age of the facilities, urban and hinterland infrastructure for transportation, along with the industrial and agricultural base. Atlantic Coast The ports of Baltimore, Charleston, Hampton Roads and Miami are discussed here. Two are large established operations and two are smaller emerging ports. Table VI-l profiles key information. Balti e Management of the Port of Baltimore is the responsibility of the Maryland Port Administration, a department of state government. The MPA also has juris- diction over several smaller ports in the state. The entire operation of the MPA is in turn the responsibility of the Maryland Department of Transportation. The port Operates as an independent agency, however annual budgets, income, and expenses are reviewed by the state Department of Transportation. In some functions, the port is an "operator" port in that it provides the service, rather than serving as a landlord, for general cargo and container- ships. Railroads, shipping, and commodity interests own private terminal facil- itles. Such division of activity permits the port to target lts resources for modern technology and facility development. - Trade volume exceeded 34.3 million (short tons), of which 21.4 million were export in 1981. The largest export was coal and mineral fuels at 12.9 million and food and live animals at 5.5 million. Serving the industrial North- east and Midwest hinterland, the port is subject to the well-being of those regional economies. Many of the traditional industrial belt export industries are declining and port volume experiences corresponding changes, while Container imports increase. Coal holds long-term promise but as almost all other coal ports, facilities are underutilized. Surface transportation systems to the port have been consolidating and adjusting service under deregulaton. The CSX System and Conrail serve the port and own considerable amounts of acreage and facilities. The CSX operation is modern and well maintained, while Conrail has had to eliminate lines, slowly rebuild trackage and acquire rolling and motive stock. The CSX appears to be in a better position to handle large unit train-type operations at faster, safe speeds than Conrail. Over 160 trucking companies and carry cargo to the port, which is served by l27 ocean carriers. The metropolitan expressway and Interstate 100 Table WI-1 Selected Port Characteristics – Atlantic Coast Rubber & Plastic products Electrical & Electronics POrt TRADE Total Int'l Exports º Imports - Tonnage Walue Tonnage Walue Tonnage Value NEW IDEAS/ACTIVITIES (,000's). (000,000's) (,000's) (000,000's) (,000's) (000,000's) 1983 21,624 $12,797 12,216 $8,969 total 9,408 $6,072 total World Trade Center Lil Coal Iron Ore - Waterfront Development 25 Corn Gypsum = General cargo Residual Fuel Oil H. Sugar à Misc Petroleum Products 1983 4,812 $4,771 2,556 $2,517 total 2,256 $2,257 total International Transport 35 Textiles - Semi finished Textiles Center, Export Packing 5 Fibers Iron & Steel Products Company H Chemical S Bananas % Paper Products Metal lic Ores E Grain Petroleum 2, 1983 17,698 $1,034 40,980 $6,787 total 6,718 $3,553 total World Trade Center Fº Coal, Bituminous Crude Petroleum W. International Terminal S $2 Corn & Wheat Heavy Fuel Oil ETC (WEXTRAC) Pº Soybeans Bauxite & Al Ores FTZ E Fertilizers, mfgd Gypsum & Crude Limestone Unification of several ports # Animal Feed Crude Rubber into one management <ſ Im. 1983 23,057 12,479 $5,000 total 10,577 Free Trade Zone Food & Food Products Food & Kindred Products H Machinery Stone, Clay Vitreous & Glass : Transport. equipment Construction Materials & Supplies º Paper Products & News print Beverages : : i # Port PORT ORGANIZATION LOGISTICS Structure Net Transport Agency Mgt Role Income Revenue Op. Exp. Location Depth Mode (,000's) (,000's) (,000's) H_T_RR B S State Landlord Il - d . fl. d. Tl. d. BackBay 50' 2 160 2 Wide Port &0P. Container - channel Authority Terminal 25–40 berth State Land Lord Il - d. Tl. d. $29.63 mil River 35' 5 94 2 17 Wide Port & Operator - channel Authority 40' 9 Commissioners plan Appta by Gov. State Land Lord $3,509 . $15,421 (82") $11,912 (82') Rivermouth 45' 1 135 3 85 Port Co-ordination channel Authority planning 55 11 COmmissioners plan Development monies from State County Land Lord $1,449 $11,756 (82') $2,773 (82') Bay 36' 1 50 2 18 Seaport - channel Department 42 (Metro-Dade) plan Self-supporting H - Interstate Highways, T - Trucking lines, RR - Railroads, B - Barge lines, S – Ship lines f § Systems are adequate. A key link to be expanded is the Fort McHenry tunnel, supported by $825 million federal Interstate monies. Dredge spoils from the l.7 mille harbor tunnel Will Create new land for a marine terminal. If Coal export terminals were expanded, as originally proposed, dredging would be necessary in the maln Channel and alongside some wharves, in order to receive the Super Colliers. Current depths handle forty-two teet but flity feet are necessary. Dredging plans in l982 could cost as much as $840 mill.llon. Full project authorization has been held up for reasons of federal funding Constralnts. The large upper reach of the Chesapeake Bay has ample shoreline for port expansion and the inner harbor has facilities that can be upgraded. The inner harbor is the Core of a successful waterfront entertainment and offloe develop- ment with a World Trade Center building Complex and ajacent hotels leading the rennovation. The port is considering selling the WTC. As a natural resource, the Cheseapeake Bay is Sensltive to environmental changes. In the last decade, Concern about its condition has increased and local and state governments care- fully review proposed activities. The port is sensltive to such concerns and planning with them. Lastly, labor practices and regulations influence port COmpetitlveness for general cargo. Charleston As an agency of the South Carolina Port Authority, Considerable automony allows management to act in many ways similar to a private Corporation. The port board is composed of nine members appointed by the governor and confirmed by the State senate for seven year terms. Though á state organization, the land-lord port operating costs are covered from revenues (1984 operating budget $29.6 mllllon). Capital support from the state is ln the form of general obligation bonds, e.g., the Wando River Container Terminal was underwritten by $56 million in State bonds. The port's hinderland encompasses the Southeast and Central Midwest. Land transportation offers five Interstate Highway routes, two major rail system, ninety-four motor carriers and seventeen coastal barge Operations. Ocean Carrier Service to and from fifty-six nations are promoted by fifty-seven steamship Companies. The port has "28 first end arrivals" and "50 last out sailings," Which offer cost and time savings on Cargo storage and transit. Land is available to the port on several banks of the Charleston Bay, Ashely River, Cooper and Wando Rivers. The natural anchorage afforded by the bay exits at Fort Sumter to the Atlantic Ocean. Only one-half hour from open Sea, harbor channels are dredged to thirty-five foot depths and maintained by the Corps. Plans anticipated forty-two foot entrance depths and forty foot Channel depths. In l983, Charleston trade totalled 2.8 million, of which about 64 percent of general cargo and 63 percent of container trade is export. Compared to 1973, 70 percent was import trade. Principal exports are textiles, fibers, chemicals, paper products, grain, forest products, wood pulp, Clay and clay products, heavy equipment and machinery. Container trade is growing quickly (increasing from 69 Percent of current trade total to 85 percent of total trade. Large sums have been invested in new container facilities (Wando Terminal, and Cooper River west bank) in the combined amount of $97 million. More export growth is anticipated 103 in Southern pine lumber and textiles machinery. To carry this cargo, motor Carriers transport 74 percent in 1980 and are projected to carry 81 percent in 1990. Evergreen Line has selected Charleston as one of its East Coast load Center portS-Of-Call on around the world liner service. Increased container traffic in the larger vessels will be facing depth problems. Currently thirty-five feet, the more optimal depth would be for ty feet. Since l970, the Corps of Engineers have reviewed and studied the situa- tion. Estimated project costs are $104 million but federal funds were not ap- proved in l984. The port has opened a Foreign Trade Zone adjacant to the Charleston airport on the Interstate system and has permission to opreate a FTZ in Spartanburg, S.C. (200 miles inland). Also, the port established in l983 the International Transport Center for "containerized cargo destined inland to come the 210 miles direct from Charleston before being cleared by Customs for reshipment to indivi- dual inland area business. Empties returning to Charleston will be available for export and thus offer Cargo Consolidation and eliminate one-way empty charges. New trade offices were opened in Brussels and Tokyo in 1983 and a state-wide delegation sent to China. It also has a state-of-the-art twenty-four hour On- line Computer shipping document system -- the Orion Computer. Hampton Roads America's first port, the region of Hampton Roads is a collection of cities and urbanized portions of the Virginia tidewater. The cities of Newport News, Norfolk, Portsmouth and Cheseapeake and their surrounding areas comprise the port urban jurisdiction. Due to the proximity to the coals fields of West Virginia, and to a favorable rail cost position, Hampton Roads is by far the largest Coal handling port in the country. For most other commodities including containers, there is heavy competition along the Eastern seaboard -- but coal is the domain of Hampton Roads. - In 1952 regional port competition was foreseen for the East Coast and the Virginia General Assembly created the Virginia Port Authority to consolidate the four existing Hampton Roads area ports and five smaller ports outside the area. The VPA is directed by a fourteen member Board of Commissioners in Norfolk. The natural common martime interest of the Hampton Roads is also shared by the large U.S. Navy facility in the sheltered Cheseapeake Bay. The VPA is also proceeding with a plan of consolidation for general cargo, and container facilities, owned and operated by the Norfolk and Western Railway Company. In the peak year of coal export, 1981, Hampton Roads exported 52 million short tons of coal, and 4.7 million tons of corn and wheat, of a total export of 59.8 million tons. As with Baltimore ships were forced to wait outside the harbor as long as one month. With railroad, terminal, and Coast Guard COOpera" tion, a registration and queing system smoothed out the backlog. Currently, key depths are forty-five feet and need to be expanded to fifty-five feet. The VPA landlord function is intensively coordination operations and planning. Some state development funds have assisted. In 1982 the port earned $3.5 million on revenues of $15.4 million. Surface transportation to the port is by three railroads, and l35 trucking companies; 81 ocean carriers make calls. For some rail routes back to the coal fields, 353 public rail-highway grade crossings are on coal unit train routes. 104 In 1981 about $50 million was estimated for grade separation work. There is one connection for the Interstate System, I-95. As Coal exports increase and the port complex successfully diversifies its trade base, more traffic will result in all modes. Existing facilities are not at the moment stressed, but, as in the case of coal, significant overload is possible. Environmental impacts with all aspects of coal mining, transport, storage, processing, and ship loading may be significant. There is also commercial development of the waterfront for office and entertainment activity. A Foreign Trade Zone and Export Trading Company have been established, and a World Trade Center. Should volume grow again, particularly for Coal, dredging and land side rail congestion will be concerns. Liami One of the most recently developed, emerging ports in the country, Miami is in a gateway position to serve Latin American trade and to support the Carribean Basin Initiative. A measure of the rapid growth is that in 1960 Florida foreign trade was less than $700 million. In 1980 over $9 billion worth of cargo passed through the Port of Miami. The six hundred acre Port is a non-operating department of the Metropolitan Dade County government. It is not as autonomous as a public authority or special district-type ports. Trade in 1982 was 2.6 million tons and l.7 million cruise ship passengers. Operating costs are carried by fees and lease earnings, while revenue bonds underwritten by the County support capital development. In 1982, $1.4 million Was earned from $ll.7 million revenue. Over fifteen million tons are planned in the year 2000. Current exports are food and food products, machinery, transpor- tation equipment, paper products and news print, rubber and plastic products. Bulk cargoes are not handled by the port. The port is going after high value Containerized cargo trade. - & The port is at the end of a long distribution network for the country. It 1S Served by fifty motor carriers, two railroads,and eighteen ocean carriers. To the extent that logistical problems could occur far back up the system, the port, as other Atlantic coast ports, might be affected. For example, the Conrail Corridor ls of concern, particularly at the Alexandria, Virginia freight yards. Florida Interstate components and the Jacksonville freight yards may need extra Sapacity should cargo grow significantly. Rail traffic southbound is six times larger than northbound. - - Highway and rail approaches to the port are through the fast growing office area on downtown Miami's border. Access to the port island is by one highway bridge (two lanes) and one rail bridge (one track) Plans have been announced for building a new bridge and later a tunnel. Local opposition does not want heavy trucks affecting downtown ambient noise levels, traffic, and property values. Some prefer reconstruction of the existing bridges for short-term needs. General 99sts may reach $30 million. Direct access is also necessary to I-395 Over a four block, local street segment. The port islands are not fully developed. Cargo growth will require new land Space and more intense use of existing facilities. An advantage that the Port has 1s the capbility to manage space on a day-to-day basis by being a 105. landlord. It does not have contracts with unions or facility operators in terms of fixed Cargo and activity locations. Given operational needs, cargo may be sent to the most appropriate facility. Plans includes additional dredging from thirty-six foot channels to a forty-two foot channels. The port has established a Free Trade Zone and is establishing a Latin American network of representation and service. Gulf Coast The ports of Houston and New Orleans serve the heartland of the nation. Historically, the latter specializes in agricultural exports and the former in Coal. Table VI-2 presents basic data. Houston The Port of Houston started in the Buffalo Bayou in l836. With rapid growth the agency has been renamed from the Harris County Ship Channel Navigation District to the Port of Houston Authority in l98l. Directed by five commis- Sioners, two named by Houston City Council, two by Harris County Commissioner's Court, and a chair named by both governing bodies. . In l979 further public Support was received when Harris County voters approved additional financing for Barbours Cut and turning basin facilities. In l983 the port volume was 40.7 million tons, of which exports were 22.2 million tons. On that activity the ports earned $ll.4 million from $43.5 million in revenue. All five grain elevators on the channel handled 8,516,966 tons. Most of the bulk in the port is controlled by private facilities and include crude petroleum, petroleum products, petro chemicals and grain. There is also a Foreign Trade Zone. The port is prinicipally an owner-operator facility: Barbours Cut Container Terminal operations, the bulk terminal operations and the turning basin and the Public Grain Elevator. By virtue of the role of private enterprise in the industrial development in the area, considerable capitalization has occurred for facilities along the entire length of the fifty mile channel. These are owned and operated by private organizations and sold or purchased on the real estate market as such. They must conform to the City of Houston's and Harris County: rules and regulations governing the navigation district as a geographic area within the municipal county boundaries. For the most part space along the channel is limited and highly valued. . The port is served by the Southern Pacific, the Union Pacific systems, Santa Fe, Burlington Northern, and the Missouri–Kansas–Texas railroads. Within the port facilities a port terminal railroad association handles switching ser" vices for both public and private activities in the upper section of the channel. Motor carriers number at least one hundred for the port and the area served by an extensive freeway system including several Interstate loops leading to eight freeways. At the Gulf Coast, there is access to the intercoastal waterway for barge traffic. With traffic as dense as it often may be on the channel a volunt tary vessel traffic system is in operation by the Coast Guard. As a result in the past three years, the port has "maintained one of the lowest vessel accident rates among major U.S. ports." * 106 : | Table VI-2 Selected Port Characteristics — Gulf Coast POrt TRADE Total Int' I Exports Imports Tonnage Value Tonnage Walue Tonnage Value NEW IDEAS/ACTIVITIES (,000's). (000,000's) (,000's) (000,000's) (,000's) (000,000's) 1983 40,785 $17,955 22,287 $10,302 total 18,497 $7,652 total FTZ Ind. Mach & Equip Passenger Autos & World Trade Center Grain Vehicles Wheat Crude Oil Iron & Steel Products 1983 36,573 $11,192 24,593 $6,541 total 11,979 $4,651 total FTZ Grain Fuel ()il S World Trade Center Coal Iron & Steel Products Consolidation service to Animal Feed Lubricating Oil Small volume shippers Heavy Fuel Oil S Al & Al Alloys Syn. Resins & Plastics POrt , PORT ORGANIZATION LOGISTICS Structure Net Transport Agency Mgt Role Income Revenue Op. Exp. Location Depth Mode > (,000's) (,000's) (,000's) H T RR B S Port Auth. Operating $11,430 $43,508 $42,689 Ship Channel 30 berths 100 5 5 Commissioners 2 app. by City 35 Council 5 2 app. by Harris a Commissioners Im. Court Chairman named jointly State Land Lord . –$1,374 $31,133 $32,507 River 40' 3 6 7 Comm'rs channel %2 5 yr. terms 36' j App' to by Gov channel E. Nom. by local O grOupS. i Reflects 3 2. parishes in Port area. H - Interstate Highways, T – Trucking lines, RRTRailroads, B - Barge lines, S – Ship lines 5 The Houston ship channel does cause some concern environmentally. As of 1983, it did not meet water quality standards and was projected not to meet them in the future without significant Capital expenditures. A study is now underway to Consider the possibility of instream airation to offset the pollution levels. Thus expanded new and amended waste water permits (both state and federal (MPDES) Cannot legally be recommended for issurance under the existing allocation. It is estlinated that more stringent treatment levels would cost $180 million in addi- tion of $15 million a year for operation and maintenance costs." The port has experienced logistical problems both in number of ships in the Channel and rail trains leaving and entering the port. Shipping congestion has been handled for the most part by the Coast Guard Vessel Management system men- tioned earlier. Also is the fact that facilities are being moved further down the channel to the coast, such Barbours Point, which lessens the need for traffic to come up the entire channel. The rail problems occurred when grain exports were high. In l983 a plan was developed called the Houston Project. All rail corpora- tions belong to it and through constorium agreements help to control all train track facilities far back into the countryside. For an area with effectively no zoning and less powerful local and regional governments than other parts of the country, coordination has developed essentlally through large actors in the marketplace. Now that the channel is almost fully developed, coordination of shoreline useage and adjacent land has become more necessary. The channel is governed principally by Houston regulations. The largest concern of channel activities still has been environmental impacts. There is a long history of the water being unable to support wildlife; however fish are entering back into the channel. A large cause of the pollution is nonpoint Source pollution from urban runoff. Thus a significant generator is not solely the ships but the surrounding industrial activity. .. New Orleans The Port of New Orleans on the Mississippi River is the true bellweather port for the agricultural and natural resource heartland of the nation. It draws upon almost the entire Midwest, and further upriver to the Northeast and Northwest sections of the central part of the country. The New Orleans community is sensitive to the relationship, in that for the last two hundred years the city has served as a cultural and trade headquarters for large hinterland Service zone. The port is an agency of state government, but with a large degree of autonomy. Stipulated by state law, the seven citizens are appointed by the governor, to the Dock Board for five year terms. They are selected from dif- ferent maritime related interests: four from Orleans Parish, two from Jefferson Parish and one from St. Bernard Parish. In the case of the Parish of Orleans, a nominating group is composed of the Chamber of Commerce of the New Orleans Arear New Orleans Board of Trade, Ltd., New Orleans Steamship Association, Inter" national Freight Forwarders and Custom Brokers Association of New Orleans, Inc., International House, Maritime Trades Council of Greater New Orleans and Vicinity, Metropolitan Area Committee, Lousiana Farm Bureau, New Orleans Cotton Exchanger International Trade Mart, Urban League of Greater New Orleans, Dillard University and Xavier University. Such broad interest representation formalizes group participation and appears to enhance successfully the community's stake in the port. In 1982 port trade totalled 47.2 million tons of which exports were 28% million tons (grain l8.3, coal 4.8 and animal feeds, 2.8 million tons). Princi. pal imports were fuel oils, 18.3 million tons, barged up the river system. * 108 measure of the extent of the port's role in U.S. bulk foreign commerce is that in 1981, twenty three percent passed through the port. The port is served by barge carriers. The industry is undergoing a Shakeout now due to overexpansion of capacity, lower trade volumes and higher prices. In 1984 one Company tried an experiment carrying containers by barge from New Orleans to the Chicago area. The service was not utilized much by Shippers but the Operation was shown to be feasible. Other studies indicated that the entire industry must contract to survive. Rail systems serving the port area number six. The are increasing their competitive position at the expense of barge operators and motor Carriers. Unit trains running parallel to the river offer alternative Service. And, a trend may start as one road, the CSX, purchased a barge operator, Atlantic Coast. Upriver logistical bottlenecks include Locks and Dam 26 on the Mississippi, a new dam and lock are necessary for Gallipolis on the Ohio River, and replacement locks on the Monogahela. Land facilities have sufficient space along much of the river's urban New Orleans area for development or rehabilitation of aging, general cargo facili- ties. Some land was dedicated in the Central city for the World's Fair location, office and commerical development and entertainment complexes. A localized bottleneck is the Inner Harbor Navigation Canal, restricted by bridge, lock and depth dimensions between Lake Pontchartrain and the River. River and coastal access depths are a concern if the port is to handle deeper draft ships for coal exports. The major restraint is forty foot depths at the outlet depending upon which channel is taken. Currently, topping off is necessary for large loads, but fifty foot depths are planned. The port has a Foreign Trade Zone, World Trade Center building and is Considering an Export Trading Company. While these Outreach activities occur, railroads are providing strong land bridge competition to the West Coast with faster service than via the Panama Canal. Slurry systems might lessen barge export volume, whenever implemented. The state has established a Task Force to study the river system port needs, and an authority for a bulk offshore terminal to be shared by river ports. These efforts in the short-term will also help Offset dredging constraints. General Cargo labor handling, as on the East Coast, is a continuing concern. But the Port has significantly expanded and installed modern container facilities, and more are planned. Pacific Coast Ports in the Pacific provide illustrations of rapid growth and geographic advantage for the Pacific Basin trade. As a group, they experience the Opportu- nities of expansion, and the stresses. Table VI-3 presents their profiles. Long Beach The port's development did not begin in earnest until 1911 when the City of Long Beach completed a municipal pier. At that time, the city was Vying economically with the City of Los Angeles, and the nearby Port of Los Angeles. As a municipal entity, the Port is directed by a five member Board Of Harbor Commissioners, appointed by the City Council. Membership is actively 109 sought by members of the community. Officially there is no requirement that certain segments of the community be included but the Council seeks members with businesses, international trade or financial experience. For six year terms. The Harbor Department acts as an independent agency, subject to Council review. Net income in l983 was $25.5 milllion of a total revenue of $64.2 mill llon, based on principally land-lord charges for most port activity. Trade is growing quickly with Container import expanding tastest. Total tonnage in 1983 was 47,989,799 MRT composed mostly of petroleum (bunker fuel), general Cargo, and Containers. Leading export Cargo was bulk petroleum and Coke. To handle this volume, the port has 4.5 Square milles of land area. Water depths range from Sixty foot channel and turning basin to seventy to seventy-six feet in anchorages and berths. Addltional dredging plans for the year 2020 anticipate up to eighty-two feet. The port is served by an extensive network of Interstate and Callfornia freeways, including three major Interstate routes. Over two hundred trucking flrms and three railroads (Southern Pacific, Santa Fe, Union Pacific). Over 53 shipping lines also serve the port. With such rapid growth, the transportation infrastructure in the harbor areas has not kept pace for current needs and projected year 2020 growth. Cargo is anticipated to grow to loC million tons, malnly in contal ners. Shlp sizes and frequency of visits require deeper berths, channels, basins and improvements in almost all facilitles. Additional land is necessary and will provide by dredge spoil land fill, in and outside the breakwater. The total capital cost of the project approaches $350 billion. Land side improvements planned include trans- portation Systems and private industry port-users. Transportation bottlenecks appear now on local road systems, with Out-of- date arterials, and insufficient bridges, poor internal Circulation and Safety hazards. Rail systems need improvement and a large project with the Port of LOS Angeles is already underway - the Joint Intermodal Container Terminal - which will move Southern Pacific rail container facillties from Older yards in Los Angeles about twenty-five miles closer to the port complex border. The Long Beach Freeway needs additional upgrading for projected growth. The Terminal Island Freeway needs direct access to other nearby freeways. In general terms, the rail and highways systems leading into Southern California are modern, well malntained and have the capabllity to handle anticipated cargo increases by the year 2020. Of concern will be the additional wear and tear caused by larger Containers, vehicles, and weight from both modes as a result of technological changes and dimension increases permitted under the Surface Transportation Act of 1982. It may be advisable for motor carriers to avoid rush-hour travel on some routes. The Port of Long Beach has a Foreign Trade Zone, is reviewing the possibility of an Export Trading Company, and announced plans for a large World Trade Center complex in downtown Long Beach. The Port is in a sound flnancial position and has adequate access to the Capital markets. However, to facilitate the growth foreseen in the 2020 plan institutional, financial, dredging and environmental issues will need to be worked out closely with the large port Community. Los Angeles The Port of Los Angeles developed before the port of Long Beach, in part because the City of Los Angeles had aggressively sought municipal ownership of the harbor facilities. By 1909 the city had annexed a narrow strip of land from 110 Table VI – 3 Selected Port Characteristics – Pacific Coast POrt TRADE - Total Int' ] Exports Imports Tonnage Value Tonnage Walue Tonnage Value NEW IDEAS/ACTIVITIES (,000's). (000,000's) (,000's) (000,000's) (,000's) (000,000's) a 1983 20,011 $20, 103. 12, 203 $5,486 total 7,807 $14,617 total World Trade Center, § Petroleum, bulk Petroleum, bulk Intermodal Container É Coke, bulk Steel & Steel mfg. Freight Center Grain, bulk Electric Mach. & parts CD e e - e 3 Chemical S, misc. Plastics mfgs. —l Wastepaper Clothing 1983 12,212 $15,471 6,060 $3,605 total 6, 152 $11,866 total World Trade Center 3 Petroleum Coke Petroleum II: Coal Automobiles CD Iron & Steel Scrap Bananas 2. - s:ſ Cotton C/O Fruit sº 1983 14,833 $4,388 12,521 $2,172 total 2,311 $2,216 total FTZ, Portland Ship C Wheat , Al Umina Repair Yard : Woodchips Limestone Rock F Barley Autos, Wans & Parts £5 Soda Ash Misc. Iron & Steel Products D- Lumber Salt Crude 1983 8,976 $14,376 4,553 $2,521 total 4,423 $11,855 total Consolidated intermodal Grain - Petroleum transport rates Fruit Automobiles Container unit trains # É POrt PORT ORGANIZATION LOGISTICS Structure Net Transport Agency Mgt Role Income Revenue Op. Exp. Location Depth Mode (,000's) (,000's) (,000's) H. T. RR B S City Land Lord $25.5 mil (83') $64.2 (83') $36.2M (83') Coastal 60' 3 200 3 83 #: Board of channel 55 Commissioners 75–82' CO 5 App' to by plans # Mayor S 6 yr. term 3 City Land Lord $41.7 mil (84') $80.6 (84') $33,581 (82')Coastal 51' 3 200 3 46 II. Board of channel É Commissioners 75–82' <ſ 5 appt'd plans - 3 by Mayor Indep. Operating $4,992 (83-84') $58,296 $54,381 River 40' 2 64 3 20 = Port District (83–84") (83-84') channel =; 9 member board 12.2 m 5. App' to by Gov. plans sº Ind Land Lord $10,174 (83') $94,819 (83') $84,645 (83')Coastal Unlimited 2 34 4 10 65 º Munic. Corp - channel E 5 elected 12–73' § commissioners plans H - Interstate Highways, T – Trucking lines, RR - Railroads, B - Barge lines, S – Ship lines f almost twenty-five miles inland (to the north) reaching directly to the Wilming- ton and San Pedro area. As a municipal agency, the port is managed by a five member Board of Harbor Commissioners. Appointed by the mayor, and confirmed by the city council, membership is balanced among the various port interests. The port acts in a landlord capacity. In l982 its net income was $42,584,547 on a revenue base of $69,793,207. Trade is benefiting from the Pacific Rim growth and the port is heavily investling in new facilities and expanded operations. Major export items are petroleum, Scrap metal, general cargo (and container freight). Growth is antici- pated primarily in container freight. The port facilities are housed on seven thousand acres of land. It is now completing a rigorous channel dredging and land fill program to facilitate large size ships. The main channel has been dredged to fifty-one foot total (federal funds supported work to the forty-five foot depth). Additional plans are to depths ranging from seventy-five to eighty- two foot depths. Some land area is available for replacement activity. Fish Cannery operations are closing down. The shipyard component is operating at low levels as foreign builders outbid many projects. The dredging project may very possibly be the last of the "old style" Corps of Engineers projects in the nation. The project started in 1965 and was not Completed until 1984. Approved costs in l979 totalled $26,625,000. Problems encountered were institutional and technical. For example, among the federal, State and local governments over twenty-eight coordination points were offically necessary between l977–1979. This also included long-term coordination with fourteen federal agencies, thirteen state agencies, one regional and six county agencies, nine municipal agencies, three chambers of commerce, and eighteen environmental groups and interested parties. Such numbers very possibly under State what some other ports presently coordinate with on an ongoing basis. Tech nical operations are hindered by delays in finding an electric dredge instead of a diesel dredge (which emits more air pollutants). The port shares development plans with the Port of Long Beach on two key projects: the Joint Intermodal Container Freights Terminal and the 2020 Plan. In the ITCF project, a completely new transfer operation will be built, in three Stages on 260 acreas of Port of Los Angeles land. By full completion in the year 2000, total escalated cost is estimated at $130 million with the first phase now under construction. Capacity requirements would grow from a l981 two-part base of l23,000 containers annually, 908 daily, to 612,700 annually andó 4,517 daily in 2000. The facility will connect Southern Pacific container rail service twenty-five miles closer to the port than existing facility locations. It is to be built and operated by a specially created authority with powers to raise Capital. Loan quarantees are provided by the Long-term Industrial Bank of Japan, Ltd. Land and rail logistical bottlenecks are generally shared with those dis- Cussed under the Port of Long Beach profile. Land space availabity is con- Strained without significant new land fill operations, as suggested in the 2020 plan. 113 Portland The Port of Portland is located at the confluence of the Willamette river and the Colmbia River. Its hinterland draws much further back, though, on the Combined Columbia/Snake River system into the upper Northwest of the country. It perceives itself as serving the Midwest, in terms of large population centers because the upper northern tier of the Country is undeveloped although a source of Some export products. In 1891 the Oregon legislature established the Port of Portland. In November, l970 the citizens of the City of Portland and Multnomah County agreed that the port itself and the Portland Dock Commission should be merged and the new Port of Portland would be a municipal corporation. The state legislature "approved expansion of the port district to include Washington and Clackamas Counties in l973". The port is directed by commissioners appointed by the governor of Oregon. Representing the three Oregon counties involved for the Port of Portland dis- trict, the nine member board of Commissioners serve without pay. The port trade position in 1983 had 9.8 million tons for export and 2.1 million tons for import totaling almost l2 million tons. The majority of this was dry cargo at ll.7 million. The leading trading partner was Japan for export at 3.5 , Korea for l.4, and India for l.3 million tons. The major commodities exported include wheat (6.8 million tons) barley (605,575 tons), and wood chips (650,886 tons), and in lesser amounts lumber, metal scrap, paper board/liner board, SOda ash, and bentanite clay. The port has assets valued at $403,137,000. The port is supported by property tax revenues principally and some capital grants from federal and local governments. This was done to prevent it from relocating to another location another part of the country. And industrial development revenue bonds Were issued to Upland Industrial Development Company, Union Pacific Railroad Company, and Stichers Steel Products Company, for $14.7 million. The port has been concerned by dredging and bridge problems. The Columbia River Bar dredging project is anticipated to be finished by 1985 bringing the depth from forty-eight feet to fifty-five feet. This will allow greater efficiency for the forty foot channel at the Columbia River to Portland. Further significance is in the fact that "it is believed that with better load planning and utlilzation of high water river stages, ships will be able to call and depºrt Portland with heavier loads." The Bonneville Dam Lock system needs rehabilitº" tion and enlarging. Such improvements will bring it into conformity with othº lock systems on the Columbia/Snake river system. "At the present growth rate. the lock will reach capacity by the end of the decade - with congestion already emphasising the importance of the project." The stage of the project is that it has been authorized and primarly soil testing and engineering work have already been accomplished, although in 1985 Congress may authorize the project- º bridges have been of concern and there is now work underway to replace the seventy year old Burlington Northern Railroad bridge spanning the Willamette river." . The port is a owner-operator facility and in addition to maritime º: ties has a ship yard repair facility, and is responsible for managing tr commerical and general aviation of the area. In contrast to many other ports in ll4 the nation, Portland has an interesting measure of success in that on May 15, 1984, its voters supported a new indebtedness of $40 million for general obliga- tion bond measure to fund the rebuilding of the northern half of Terminal Two on the west Side of the Willamette River. f The port has Considerable land space available for development and leases it out in accordance with a plan development process. It has helped in some Cases expedite industrial development including "a major filling project by the port's dredge Oregon in order to keep a major company in the port district (CUMMINS) . The port is served by three railroads, Union Pacific, Burlington Northern and Southern Pacific and an Interstate freeway system heading south and east. Over Seventy major truck lines call on the port. The port is also served by the Columbia/Snake river barge navigation capabilities as far as twelve hundred miles inland. The port has an extensive goals statement and public involvement in its activity. It took a leadership role in forming the Columbia/Snake River System Marketing Group. It has connsolidated tariffs, reduced their length and Complexity and organizing through service. Lastly, railroads have lowered or maintained their rates to Portland to draw Midwest cattlehides and Texas and Tennesee cotton for export. Imports rates have increased. Seattle As the leading port trading with the Orient, Seattle holds a unique posi- tion among the nation's ports. This relationship is due to the port's role in actively seeking trade, and being a full-day closer to the Orient in Sailing time than other "lower – 48" ports. In 1896 the Gateway role was initiated with the arrival of the first Japanese vessel in the trans-Pacific trade. In 1897 Yukon gold fixed Seattle as a staging point. Governed by five commissioners elected by King County voters, for six year terms, the Port also manages Sea-Tac International Airport. The Commission is balanced with business and labor leaders. The Port acts in a landlord Capacity. In 1983, port net income was $10.1 million on revenues of $94.8 million. Total trade tonnage was over 9 million metric tons (MT) of which l.6 were grain, and 1.1 were petroleum. Containers accounted for 5.2 million. This activity is àCComplished on deep Puget Sound natural Coastal location, up to seventy-three feet of water, with a land area of 779.85 acres. Surface logistics are performed by two Interstate Highway links, thirty- four motor carriers and four railroad systems. Ten barge operators serve the Coastal Alaska trade. Sixty-five ocean Carriers serve the port. The port land area is surrounded by built-up sections of the City of Seattle. Space appears to be limited, especially for container operations. º Port revenues are supported by a property levy upon King County real estate for about ten percent of its annual operating budget. That amount is directed by port policy solely toward capital improvements so that the citizens will *ecognize a constantly improving equity position in the Community. The port is the major container port on the Pacific Coast topped nationally only by New York in 1982. Geographic location, advanced terminal equipment, and ll 5 interlocking customer Services utilizing the newest generation of data/processing facilities help make this possible. An example of aggressive customer service is the port assuming a contract rate and cargo assembly role. The port has Contracted for unit trains serving the Midwest and East, arranging consolidated Shipping rates for LTL and LCL. With strong community support, the port has developed a comprehensive Statement of goals, policies and programs incorporating economic, service, envi- ronmental and community needs applicable to maritime and aviation activities. Illustrating Compatible activities, the port has helped upgrade a pier for small fishing vessels, build a new fish-processing and cold storage facility. Inland transportation routes are well established and maintained. Seasonal Snow blockages may delay motor Carrier or rail service but usually for a short period. Depending upon the Cargo, the hinterland zone reaches the Midwest and East. Most of the aagricultural, wood and mineral cargo originates from the Upper Midwest and Northwest. Some hinterland competition is with Tacoma, which opened a new container facillty that drew Sea-Land from Seattle, the Canadian Port of Vancouver, and Portland. Some rail service concerns existed when the Chicago, Milwaukee, St.Paul and Pacific Railroad declared bankruptcy. The port appears to have a positive relationship with local public and state agencies. Environmental consciousness has been a strong value of the Northwest and has been incorported into port planning and operation. Deregula- tion has affected opertors and provided lower, long-distance contracts rates and cargo consolidation innovations by the port. In general, the well maintained relationships make conflict mitigation and resolution more likely. CONCLUSION These ten ports represent the spirit, dynamism and importance of the general port role in the export transportation system. Each has had historical development patterns still governing its relationship with the immediate urban area and hinterlands. Under the broad force field changes occurring in the world economy, trade relationships, domestic transportation and public policy, they are sources of innovation and leadership. Most ports would act in the same way if confronted with similar externalities. Collectively, all are concerned by finance, trade volumes, trade composition, direction and technology requirements. labor costs. As large-scale new facilities must be developed, they are faced with intergovernmental public policy coordination that must be factored into the time and expense calculations. To the extent work can be accomplished with existing facilities and increasing productivity, then response-time can be short- ened with less potentlally negative impacts and contact with the intergovernmental system. ~ In any case, it appears that ports must contlinue even more to act outside the federal support System (trade promotion, service, dredging, customºl etc.) as the federal government confronts resource limitations. They must alº face competition among themselves, not just regionally, but now as load Center*. or parts of land-bridge, mini-bridge systems. Consolidated rail, barger and motor carriers contract and shipments will force reliance on fewer carriers W1 less competition. Ocean carriers now can arrange through service agreements * simplify the shipping process, but also to lessen the port's role as middleman * intermediary in many Cases. Such challenges will continue. * * Port narrative is based on full case studies contained in Phase I and Phase II interim reports and working papers. - ll 6 Chapter VII - DREDGING POLICY troductio This Section will examine why port dredging is important, how it is financed and alternatives to the need for dredging. Almost every port in the nation requires routine maintenance dredging to keep existing channels and wharf areas free of silt. Some locations have greater difficulty than others. River ports, especially in the Lower Mississippi, have more need at the river mouth than immediately in the port Confines. Some coastal ports are man-made such as Los Angeles and Long Beach, while others are in bays, inlets or far into the upper regions of a large bay, such as Hampton Roads, Baltimore, Charleston, and Seattle. Ironic as it may be, the significance of dredging has come full circle. Apparently, Over ten year ago initial concern about the water ports and the need for dredging was generated by the imperatives of petroleum import. The nation was in an energy crisis and anticipating larger super tankers. That pressure has been relieved somewhat by changing technology, use of off-shore pipelines and commodity flow patterns. However in the late 1970's early 1980's coal became very impor- tant as an export commodity with a promise that grain would soon follow. Both exports benefit from large, deep draft ships. Now, although petroleum is still being imported in supertankers, the load Center concept and superContainer ships generate a demand for greater depths. The export element of deep draft vessels, Whether Coal or grain has turned down and is not anticipated to reach soon the levels envisioned at the earlier period. Nevertheless, dredging is critical to the long term health of ports and national export Capability to benefit from economies of scale offered by newer technologies in ocean vessels. Yet, there are external Constraints that may lessen advantages offered, to the exporting and importing ports. Lastly, as an element of intergovernmental public policy dredging is one of the most immediately significant examples before the ports. Technological de- Iſlands may far outstrip port institutional and financial settlngs. The willing- ness and capability to respond will determine the future of many ports in the Country. Importance Of Dredging tº An effective way to visualize how the question of dredging becomes important 1S demonstrated by the following tables. Table VII-l illustrates specifications for the largest and average-sized vessels. Table VII-2 shows related port depths Channels, wharves, turning basins). The largest vessels in the world draw from 67 to 81 feet. Dry bulk carriers require 67 feet, have a beam of lé4 feet, a length of 1,030 feet and carry up to 224,000 dead weight tons (DWT). Combination Carriers go slightly higher for a depth of 71 feet carrying 278,000 DWT. At the ºnent the largest in the world is the general tanker which draws 81 feet and 556 PWT. Some also reach as much as 94 feet however they are slightly smaller in length, beam and capacity. All carry over 500,000 DWT. Note that the largest ull containership carries 52,000 dwt. and draws 43 feet, but average world fleet "°ssel sizes and characteristics are considerably lower for actual operational *ēs. Even at those levels some of our ports are reaching their limits such as With combination carriers at 45 feet, general tankers at 38 feet, dry bulk °arriers at 35 feet. - 117 Largest Vessels and Average Vessel Size in the World fleet” Largest Vessels in the World Fleet Average Vessel Size in the World Fleet Total tº Number Vessel Type capacity2/| Length.3/| Beam | Draft 4/ capacity?/ | Length Beam | Draft Of (000's) (ft. ) (ft.) (ft. ) (000's) (ft.) (ft.) (ft. ) Vessels Breakbulk Freighter | 34 dwt 603 84 37 8 dwt 39 l 55 || 24 9,924 Partial Containership. 31 dwt 600 90 38 ll dwt 444 64 27 l, 290 Full Containership 52 dwt 944 l 06 43 18 dwt 573 79 30 705 Roll-On/Roll-Off 42 dwt 5.99 l 06 39 9 dwt. 453 69 23 638 Container/Ro-Ro 44 dwt 80.8 l 06 38 l2 dwt 514 75 25 - 46 Pallet carrier l5 dwt. 552 85 33 7 dwt. 374 60 23 23 ° Barge Carrier - 49 dwt 858 107 40 32 dwt 775 100 32 32 Dry-Bulk Carrier 224 dwt l, 0.30 l64 67 34 dwt 598 84 35 3, 9 l? Combination Carrier 278 dwt l, l09 179 71 106 dwt 805 ll 7 45 239 LNG Tanker 82 dwt 900 138 44 45 dwt 747 109 32 64 LPG Tanker l22 dwt 892 128 54 l 5 dwt. 427 64 25 37.2 Chemical Tanker 82 dwt 8.33 ll 3 46- - l3 dwt 405 60 25 532 General Tanker 556 dwt l, 504 226 815/ 75 dwt. 661 97 38 4, 364 */As of January 1, 1982, for foreign-flag vessels, and June 1, 1982, for U.S.-flag vessels. */capacity in terms of thousands of deadweight tons (dwt). 3/Length shown is length overall (LOA), when available, otherwise length between perpendiculars. Table VII-1 4/Draft shown is loaded, or load draft. N 2/There are three other tankers in the world fleet having a loaded draft of 94 feet, but they are designed with a lesser length (l, 359 ft.), beam (207 ft. ), and deadweight (545,000-546,000 dwt.) . , source: Maritime Administration, Office of Port and Intermodal Development and Office of Trade Studies and Statistics, 1983 - - Source: U.S. Department of Transportation , Maritime Administration - A Report to the Congress on the Štajkº of tWhe Wº u \o" i C Vºor-ts of-the United states (vlashington, D.C. : Government PRTTETTETOffice TAUGUSETT934), Wº - - É | ab I e W II – 2 SUMMARY OF STRAI GHT CHANNEL DEPTH AND WIDTH F0 R EACH MAJOR U. S. PORT (DEPTH IN FEET) WID TH HARB 0 RS 350–400 400–500 500-600 600-80U [800-IUOO | | Port I and ſ : | 35 BO St On 32 | 35 Pro V idence 35 | 40 i New London ! : 33 i New Ha V en 35 35 i New York 35 35 ; 35 35 Philadelphia : 40 40 40 Albany 32 32 31 | Chesapeake : 35 42,37 41,40 Baltimore 27 * : 42 35 Charle Ston 35,33 35 35 : 35 #: i - . 2, 9 5 5 º 38 40 . 40 - 4 Savannah 38 40, 38 40 | Jacks on ville 30 38, 39 34 42,38 Miami . 38, 35 Tampa 34, 32 36 36 Mobile 40 40 42, 40 40 New Orleans i 36, 33 40, 30, 38. Port Arthur 40 40 gº Corpus Chris ti 45 47, 47 | Houston 40, 35 | 42,40 40 LOS Angeles 47 Long Beach : 60 sº Francis CO 30 #30,35 #30 40 Ortl and t 0 t | COO S Bay 30 ; Seattle . 55 Juneau. 30 Honolulu 35 40 : Duluth : i Source: Panel on Harbor/Port Entrance Design, Marine Board Assembly of Engineering, National Research Council, Problems and Opportunities in the Design of Entrances to Ports and Harbors -- Proceedings of a Symposium (Fort Belvoir, Virginia, August 13–15, 1980), p. 72. 119 Clearly evident is the contrast between growing maximum ship fleet sizes and draft requirements with Current port Capabilities, regardless of Cargo and trade direction. The issue has been anticipated at least a decade ago as tech- nology rapidly progressed. Concern is less immediate now for export and more likely a problem for import by large Container ships employing the load Center concept. Illustrating earlier concern is the fact that legislation was intro- duced and special studies conducted as part of the U.S. Senate energy Oversight activities. The National Fuels and Energy Policy Studies, authorized by Senate Resolution 45, May 3, 1971, created a special committee. The issue then was petroleum and how it may be best imported, given predictions that importation will continue to grow quickly requiring larger vessels. One study Concluded that deep water ports are indeed desirable, however coastal port costs and environmental impacts suggest strongly that off-shore deep water ports should instead be developed. Draft legislation was even proposed and comprehensively reviewed by governmental agencies. One of the key reasons for Considering off- shore facilities was that authorization to dredge would be too time Consuming, Costly, and Complex a process. It would also encounter local port area fears of potential negative impacts from additional large petroleum refineries nearby, and the introduction of such large ships with attendent environmental impacts. Whether deep water ports are necessary for exports or imports, it apears that technology is forcing the American port system to remain competitive by, enjoying the promised economies of scale. It is almost as if the choice is not that of the United States or individual ports, but more ne of how best to Catch- up technologically. This may be likened to the introduction and impact of Con- tainer cargo boxes as a technological breakthrough thirty years earlier. Dredging appears to be a feasible route to increase capacity for carrying commodities such as coal and grain, with side benefits for import of petroleum and containers by super-sized ships. Due to the turn down of export demand, particularly for Coal, Cargo flow will not increase as fast as originaly projected, however in the long run potential increases are still promising and dredging seaports will make a difference. The limited obvious capacity of American ports to handle deeper draft ships became during the coal export boom in the early 1980's. Quickly responding though to market demand, many ports announced plans (Tables VII-3) to expand exist: ing coal through-put facilities or to build new ones. According to a 1982 survey* existing capacity was 94.4 million tons of coal export although facilities were designed for 189.8 million tons. Expansion could add 160.4 million tons, but by 1982 when the boom was slowing down only 23.0 million tons of expansion Construction were underway. Most of this expansion was at Newport News, Baltimore and Philadelphia. t At one point, effective total capacity by 1985 might have been as high as 277.8 million tons. Large investments would have had to be made in existing new facilities. This would mean, for example, improving railroad rights-of-Way, unloading and storage facilities in the port vicinty, ship loading facilities, and water capacity to handle larger and deeper ships. Depths necessary to support : ctivity originally projected run from fifty- five to eighty-feet. These pla: 3 have been substantially revised and postponed but do represent original estimates. For example, Hampton Roads had anticipated fifty-five feet and Los Angeles/Long Beach up to eighty. The projects are n2% cheap. In 1980 dollars Hampton Roads would have required $438.5 million for the deepening plans, which is not excessive when compared to other plans. The rangº 120 Table VII-3 Existing and Potential Effective Capacity for Handling Export Coal at U. S. Ports Total Mid- Wessel Size *i;s Capacity cºpe; Expansion" “.....” (dwt.) (10° tons) (10° tons) Capacity," 1985 Port/Terminal Existing Proposed Designed Effective Planned Underway (10° tons) East Coast New York (P)C 80,000 5.0 5.0 Philadelphia, Pier 124 (E) d 60,000 5.0 2.5 6.5 9.0 Camden (P) 35,000 2.0 2.0 Wilmington (P) 30,000 7.5 7.5 Lower Delaware Bay (P) 100,000+ 10.0 t 10.0 Baltimore (E) - 70,000 100,000+ 27.2 16.6 11.0 . 6.5 34.1 Norfolk-Pier, 6–North (E) 80,000 100,000+ 58.0 29.0 7.3 36. 3 Pier, 5–South (E) 8.0 4.0 1.0 5.0 Newport News, Pier 14 (E) 80,000 100,000+ 33.0 16.5 16.5 Pier 15 (E) º 14.6 5.3 5.0 10. 3 Pier 9 (E) - 5.0 5.0 Portsmouth (P) 50,000 100,000+ 10.0 10.0 Morehead City (P) 50,000 100,000+ 5.0 5.0 Charleston (P) 40,000 50,000 5.0 5.0 Savannah (P) 50,000 70,000 7.5 7.5 Brunswick (P) 30,000 43,000 5.0 5.0 Total 145.8 73.9 81. 3 18.0 173.2 Gulf Coast a Mobile (E) 60,000 100,000+ 11.0 5.5 5.0 10.5 New Orleans, Davant (E) 60,000 100,000+ 14.0 7.0 3.0 10.0 Myrtle Grove (E) 60,000 100,000+ 6.0 3.0 9.0 12.0 Mile 118 (P) 60,000 100,000+ 4.0 4.0 Baton Rouge (Burnside) (E) 60,000 100,000+ 5. 0 2.0 4.0 6.0 Port Arthur (P) 60,000 100,000+ 2.0 2.0 Galveston (P) 55,000 100,000+ * 10.0 10.0 Corpus Christi (P) 75,000 100,000+ - 0.5 sº-ºº-ººººº. _0.5 Total 36.0 17. 5 32.5 5. O 55.0 West Coast Los Angeles (E) 100,000+ 4.0 1.5 7.5 9.0 Long Beach (E) 100,000+ 4.0 1.5 5.0 6.5 Sacramento (P) 30,000 40,000 1.2 1.2 Stockton (P) 35,000 40,000 1.2 1.2 As toria (P) 50,000 5.0 5.0 Port l and (P) 55,000 3.0 3.0 Coos Bay (P) 35,000 3.0 3.0 Kalama (P) : 50,000 7.5 7.5 Bellingham (Cherry 100,000+ 1.2 1.2 Point) (P) Dupont, Washington (P) 100,000+ 3.0 3.0 Grays Harbor (P) 40,000 60,000 3.0 3.0 Anchorage (P) 100,000+ 3.0 3.0 Trading Bay (P) 100,000+ - _3.0 3.0. Total 3.0 3.0 46.6 & 9.6 Total United states 189. 8 94.4 160.4 23.0 277.8 *The columns showing capacity expansion and effective capacity are not dependent upon the deepening of h channels at the respective ports; however, the column showing proposed vessel size is dependent “P” " completion of dredging projects. *Based on a survey of U.S. ports, using 1985 as the nominal date for mid- to long-term coal port development plans. C(E) Existing Facility. d(P) Potential Facility. Source: Ref. 1. Source: Kenneth M. Bertram, Argonne National Laboratory, Energy and Environmental System Division, Center for Transportation Research. Alternatives to Deep-Draft Port Dredging for U.S. Coal Export Development: A PFeTiminary Assessment (Washington, D.C.: Government Printing Office, U.S. Department of Energy/ U.S. Department of Transportation, March 1982), p. 33. l2l seems to run from $371.8 million to $479.6 million. Table VII-4 shows estimated Costs and trade tonnage deepening plans. By any standards, these plans are quite capital intensive public works activities. For them to be borne alone by an individual port is quite diffi- cult, even in the best of times. But at one point the Port Authority of New York/New Jersey attempted to develop a coal export terminal on State Island and not seek federal dredging funds. It was anticipated project Completion would be expedited by many years and allow New York to move quickly into the export market. The project was subsequently cancelled (or technically put "on hold" for market conditions). Allowing for the port's unique financial strength, the possibility indicates how frustrating the federal authorization process Could be. Table VII-4 Estimated Costs and Trade by Port, 1990 Existing Incremental Estimated Operations T Operations Estimated otal Costs Total and Construction and Trade' Coal Exports Deepening Port Maintenance Maintenance in 1990 in 1990 #. Costs Costs (million 1980 dollars) (million short tons) | Hampton Roads ......................... 3.2 438.5 6.1 80.6 58.9 55 feet Great Lakes ............................... 4.5 0.0 0.0 31.5 19.7 None Baltimore • * * 2.1 383.7 1.6 74.9 29.2 50 feet New Orleans/Baton Rouge ...... 14.9 479.6 125.1. 173.5 8.6 55 feet Mobile .......................................... 4.6 371.8 2.8 25.8 4.7 55 feet Los Angeles/Long Beach ......... 0.1 420.2 O.0 81.4 2.8 80 feet Philadelphia ................................. 5.8 0.0 0.0 67.7 12.0 None 1 Total trade is comprised of waterborne exports, imports, and coastwise movements. * Includes the Ohio ports of Ashtabula, Conneaut, Sandusky, and Toledo. Note: Existing operations and maintenance cost estimates converted from 1982 dollars using the GNP deflator, 1. 1641; new construction cost and incremental operations and maintenance cost estimates converted from 1981 dollars using the GNP deflator, 1.0946. Sources: e Office of Policy, U.S. Army Corps of Engineers for cost estimates. © 1990 total trade by port estimated from Maritime Administration data and forecasts from the Federation of American Controlled Shipping. 9. • 1990 Coal trade by port estimated using regional coal export forecasts from the International Coal Trade Model, and current and under-construction port capacity from the Maritime Administration. Source: U.S. Department of Energy, Robert M. Schnapp and Byung Doo Hong, Energy Information Administration, Office of Coal, Nuclear, Electric and Alternative Fuel S. Port Deepening and User Fees: Impact on U.S. Coal Exports (Washington, D.C.: Government Printing Office, Department of Energy, May 1983), p. 18. Ports often can act quickly and the dredging "bubble" represents thel; flexiblity. That in turn is a function of their quasi-public (and quasi-private position. It became evident that not all the plans could proceed. Only a fe" locations were actually pushed forward: Hampton Roads, New Orleans, Long Beach and Los Angeles. This type of experience may well foretell how things might develop for other cyclical exports for (agricultural) and for the load center concept initiated by Containership companies. Selected locations will eventually develop in the marketplace for a variety of economic and logistical reaSOI)S = - 122 Dredging Process The process for planning dredging activities, receiving approval and actually constructing is quite involved. It is representative of much what does occur in the intergovernmental public policy system. Table VII-5 Sequence of Steps for Wavigation Projects Undertaken by U.S. Army Corps of Engineers . The public requests assistance from Congressional delegation to solve water resources problems. The committee on Public Works of House or Senate authorizes study. . Congress enacts initial funds for study into law. . Corps district officials conduct reconnaissance (Stage 1 Planning) includes public meeting and other forms of public involvement. . If results of reconnaissance are favorable, Corps district officials continue study and develop preliminary alternatives (Stage 2 Planning) includes public meeting and other public involvement. 6. Corps district officials select several alternatives to develop in detail and, on the basis of further evaluation, tentatively select plan that best achieves the objectives of the study (Stage 3 Planning) includes public meeting and the preparation and circulation of a draft report and a draft environmental impact statement (EIS). . District engineer submits report and EIS to division engineer. . Division engineer submits report and results of division review to Board cf Engineers for Rivers and Harbors (BERH)--includes public notice. 9. BERH reviews district and division recommendations and issues its findings and recommendations--includes public notice of - ſeCommendations. 10. Chief of Engineers coordinates proposed report and EIS with Governors of affected States and Federal department heads. 11. The Secretary of the Army and the Office of Management and Budget review the chief Engineers report. This report is submitted to Congress--final EIS is filed with the Environmental Protection Agency. 12. Congressional Committees on Public Works hold hearings and include project in authorization bill or authorize by joint resolutions. 13. Congress appropriates initial funds for advance engineering and design for project enacted into law--usually several years after authorization. 14. Corps reaffirms plan based on current conditions and any new planning criteria applicable to project--including a public meeting and other forms of public involvement. 15. If plan is reaffirmed, or satisfactorily modified to accommodate new conditions or criteria, Corps develops engineering and design Specifications and awards initial construction contracts. 16. Non-Federal interests enter into formal agreement with Secretary of the Army to fulfill their obligations, as authorized by Congress. 7. Congress appropriates initial funds for construction of project enacted into law-requires specific decision by President and Congress to initiate construction of project. 18. Corps continues engineering and design specifications and project construction--may include adjustments based on results of detailed engineering design. 19. Project construction is completed. : : Source: U.S. Army Corps of Engineers, based on material in Coal Exports and Port Development - A Technica/ Memorandum, April 1981, Office of Technology Assessment. Source: U.S. Department of Energy, Robert M. Schnapp and Byung Doo Hong, Energy Information Administration, Office of Coal, Nuclear, Electric and Alternative Fuels. Port Deepening and User Fees: Impact on U.S. Coal Exports (Washington, D.C.: Government Printing Office, Department of Energy, May 1983), p. 14. Whether federal funds are used or not, various permits and coordination *ē required by federal law. Cited in the chapter on intergovernmental public Policy was the fact that there were over 72 federal activities involved in the *vigable U.S. ocean waters managed by 44 agencies. This complexity is repeated * many ways at the state and local levels. On the whole, most port attention * upon federal practices as that level is the primary source of funds. Table VII-5 shows the actual sequence required for U.S. Army Corps of Engineers project approval and implementation. The Corps is the lead agency for *PProval of applications and also for conducting much of the work from project °nception to actual construction and maintenance. This dual role aspect is Table VII-6 Status of Approvals for U. S. Seaport Dredging Projects Present Project Step Project Port Under Waya Principal coal ports Baltimore, Md. 16 Hampton Roads, Va. 10 Mobile, Ala. 9 New Orleans 6 Additional coal ports (or potential) East Coast : 2 New York City 10 Charleston, S.C. 7 Savannah, Ga. Brunswick, Ga. Gulf Coast: Galveston, Texas (Texas City) (Pelican Island) Sabine, Texas Corpus Christi, Texas West Coast : Columbia River, Wash. (Astoria) Kalama, Wash. Be 11 ingham, Wash. Gray Harbor, Wash. Long Beach/Los Angeles Sacramento, Calif. 10 (unfavorable) 6 Permit granted to private organization 6 6 6 Permit requested for private dredging Deepening not required, step not applicable 6 18 9 *Approval process has the 19 steps outlined in Table 2. Source : Re f. 2. Source: Kenneth M. Bertram, Argonne National Laboratory, Energy and Environmental System Division, Center for Transportation Research. Alternatives to Deep-Draft Port Dredging for U. S. Coal Export Development: A Preliminary Assessment (Washington, D.C. : Government Printing Office, U.S. Department of Energy/ U.S. Department of Transportation, March 1982), p. 8. l24 difficult for the Corps. The table identifies nineteen different steps through which projects must progress. At each critical stage Congress must review the status of the application and appropriate funds. Summary informatlon is not readily available on recent completed projects because no new project has been approved in recent years. The most recent authorization by Congress was in 1970 for the Port of Baltimore. The project is nearing completion. For thirty-six projects Completed between l973 and 1975, the average period required was nine to ten years from Congressional resolution and feasibility study to completion of engineering and environmental reviews. Add another six to seven years for Congressional authorizations and Construction funding. Actual implementation of the project would require an additional eight years. In sum, twenty-three to twenty-five years were necessary in completing a project from start to finish. Tables VII-6 shows approval states for major projects. Much of the problem can be identified as lack of funding and thus long delays waiting for more money to be made available. Project backlogs and activities already underway require the Corps still to conduct a significant amount of activity. In 1982 about $670 million a year was spent of which $270 million was for construction, operation and maintenance of shallow draft-projects and about $337 million for operation maintenance of deep draft projects.” One subpart of the integrated process is review and approval necessary for environmental aspects. Frequently subject to dispute and controversy is agreement on environmental migation measures. The Corps implemented on July 8, 1983 the "principles and guidelines" for water and related land resources implementation Studies. -, The statement instructs the Corps to consider mitigation during planning. In general terms, problems associated with mitigation measures are at the federal level. Sometimes they also reflect what occurs even more intensely at State and local levels. The most prevalent issues are: l. disagreement between agencies over what projects need mitiga- tion, what constitutes mitigation, and what Constltutes "replacement in kind;" 2. the absence of consistent federal standards and policies regarding mitigation requirements and Subjective basis of agencies decisions; 3. extensive unpredictable time delays; . 4. a lack of expertise on the part of the agency personnel in the fiscal engineering and operational limits of ports. Each agency has a legal mandate and, of Course, chooses to implement it properly. In some cases the statutory basis has no reference identifying the Special situations of ports or an area's economic needs. Another observer notes that the Concept of mitigation is "undisputed." However the negotiation necessary to make it work is very difficult and ports as project applicants should allow for a long-term, lengthy involvement. The Port of Oakland in an expansion activity had difficulty receiving precise comments from the Environmental Protection Agency, the Fish and Wildlife Service and the National Marine Fishery Service specifying what are the exact mitigation measures in their project and how compensation should be done. "Herein lies the basic Problem. The permitting system can require mitigation but there are no set ProCedures as to hº you determine how much mitigation is required or where it should be located." - —l25 With many of these elements in mind the American Association of Port Autho- rities passed a resolution, E-ll-Dredge Material Disposal and Fill, that attempted to address one aspect of this general Concern. Appendix II presents the recommendation. The resolution focuses upon the timing, expense and discretionary parts of the review process. During the Coal export boom, many recognized that expedited processing was necessary. Proposals were advanced from the Congress and the executive branch. "Fast tracking" such reviews is still an objective of legislation. One of the accomplishments in this regard has been in the Section 404 review process that the Corps must manage. According to Robert K. Dawson, Acting Assistantidsecretary, U.S. Army Corps of Engineers, there has been significant progreSS. * Reflecting the status of the dredging matter was the creatlon of a Task Force to Study the National Dredging Issues. It is sponsored by the Marine Research Board, National Research Council of the National Academy of Sciences. The study considers prospects for trade and vessels likely to carry the trade, design criteria for navigational Channels and turning basins, environmental effects of dredging and disposal of dredge materials, alternatives to dredging, regulatory institutional framework, national Security and defense. The study group and the task force were announced in the Federal Register and the effort was requested by U.S. Corps of Engineers. The final report has not yet been issued, however one of the findings has addressed criteria for dredging. There is uncertainty as to how ports actually arrive at there numbers; why does one choose forty-one feet or another forty-five. Such criteria do not exist in general and could be established to facilitate a uniform analytic f ramework.” Another concern has been the backlog of projects, first caused by insuf- ficient funds. The General ACCountlng Office investigated and determined that there is a water project construction backlog. Based upon Corps data "934 authorized water projects needing about $60 billion to complete construction" were left pending. Due to inflation in project Cost increases, the Corps had in l982 a twenty-three year backlog "based on appropriations approved in those years". And operation and maintenance funding has required an increasing share of the Corps budget and has grown to thirty-seven percent in 1982 from twenty- threed percent in 1973. Options for reducing the backlog were identified and included increasing appropriations, Cost sharing and setting priorities. These, as will be seen, are very controversial approaches. Increasing the budget is unlikely given the current national fiscal situation. Cost sharing is under serious consideration. Setting priorities is difficult because of the balancing required for maritime and other factors. The group of factors priority setting must face is generic tº the gamut of water projects managed by the Corps and the Bureau of Reclamation. Financing of Dredging As an established national priority, water projects are funded by federal programs. On account of many factors, including political philosophy and competit tive budget priorities, the question of financing of dredging has been opened up in the last several years. Discussion has intensified in Congress; many bills, too numerous to identify here, have been proposed to accomplish the financing of dredging. The range of possibilities are from one hundred percent federal financing to almost no federal financing, with many combinations in between. Thº most recent federal proposal requires "non-federal sources to pay 72 percent of the costs for projects at harbors with depths of 45 feet or less, and 100 percent 126 of the Costs for increasing harbor depths beyond 45 feet." For inland waterways, operations and maintenance imposes "a user-fee based on a ton-mile system resul- ting in non-federal sources paying 70 percent of maintenance costs." Federal funding in 1984 was $570 million for deep draft ports and harbors and $630 million for inland waterways. This amounted to full subsidy for the ports and a ninety-One percent subsidy for the inland waterways. These are revenues Considered foregone, that is the federal government would not receive funds for these activities. In light of the total enterprise (ports and maritime Community) it is a somewhat different situation. Deep draft ports and harbors have a Cargo shipping community equalling $13.7 billion for total enterprise transactions of which the federal subsidy equals 4.2%. Inland waterways (similarly through barge freight and shirgers) has a total enterprise activity of $2.5 billion of which 23% is subsidized. The Concept of user fees or Cost sharing (proposed to respond to federal funding difficulties) works in this way. The user or beneficiary pays a fee (Sometimes called a tax) that reflects to some extent the actual cost of the benefit received. That fee on prorated basis equals one hundred, fifty, or ten percent of the total activity costs. Another way that this could be accomplished is through cost sharing which has a similar motivation and is slightly variant. The total project costs and activities necessary to maintain them would be identified, and agreed to in advance for specified period of time. If fifty percent of project dredging cost would be borne by the federal government, the other fifty percent might be covered by state and local governments , the ports and/or a £ombination of user fees or taxes. Advantages of user fee financing include: first, federal fees give the user of service an incentive to demand suitable choices of federal investment... Second, if the relative cost of competing services are not distorted by selective public subsidies, improved allocation of private resources follows. Third, user fees applied properly Can encourage efficient use of existing capacity, thus helping to reduce the need for new construc- tion... Fourth, financing back user Can be critical to start needed new projects. There is also the significant advantage of reduction of the federal deficit in transfer of cost burden to non-federal SOUICeS. On the other hand, there are limitations of user fees: existing subsidies to Competitors, infant industries, previously invested Capital, and legal COnStraints. The types of user fees include: system wide fees (tax, tariff, benefit tax); specific fees (taxes, tolls); special facility or service fees (levies, Surcharges, incident-specific fees); two-tier fees (fixed rate, metered rates, Peak-hour surcharges, congestion fees). Some basic issues relate to administering them: System wide versus specific fees; market pricing versus cost recovery; Cash flow versus amortized financing; financial linking versus fiscal control. In one study by the Congres sional Budget Office (CBO) fees of $.27 per ton of cargo were analyzed along with an *Verage fee for coal colliers of $1.66 per ton. A system wide fee of 27 cents per ton of cargo paid by commerical shippers could defray the U.S. Army Corps of Engineers l984 outlays of $570 million on routine port Construction and mainte- nance. Covering the additional costs of adapting certain harbors to the special deep-draft-needs of large coal-carrying vessels could | 127 require further annual Corps expenditures of $100 million to $200 million. These latter amounts could be recovered by a specific fee to Operators of Colliers averaging $1.66 per ton. At Coal ports, the re- sult would be a two-tier fee system, with all shippers paying the Systemwide fee and Coal shippers paying a Sur charge to finance the service only they require. Similarly, the CBO study reviewed the situation inland : The existing federal barge tax--8 cents per gallon of motor fuel--recovers only $54 million of the $631 million spent annually on inland waterways by the U.S. Army Corps of Engineers. Recovery of all federal costs would require a systemwide fee equal to 3 mills per ton-mile (the current tax is equivalent to 0.25 mills per ton-mile). The alternative of a segment-specific fee would range from 0.6 mill per ton-mile for low-cost waterways to $l for the most expensive ones. A uniform fee would raise shipping costs by roughly one-third, in turn, increasing prices of goods shipped by barge and/or reducing farm incomes. Another outcome would be a diversion of freight traffic from barge to rail. In coal or grain export such cost increases would at first affect the nation's competitive position. However many of the countries to which the Cargo is sent have import levies. The net effect, it is believed, would be that higher landed prices of the U.S. cargo would still remain above the importing Countries internal price, and "import levies would simply be reduced accordingly." "If the U.S. were under sold by cheaper grain from other grain export countries, demand would be unaffected." Interestingly, other countries sell commodities at a higher price than the international market. Japan sells American wheat at à price that is over fifty percent markup from the purchase price. That would suggest, then, that U.S. price increases would not materially affect the volume sold in already highly controlled and high priced internal markets. Importing countries employing import tariffs applied to American (or other) products count on that revenue source. It would seem likely that they would increase their own tariff even more to offset import prices equal to or bel9" their own domestic #ices. The revenue loss "withdrawal pains" would be signifiº Cant in many Cases. - - Another study investigated the impact of twenty-five cent per ton us?” chargesfor the entire nation. Table VII-8 shows how the economic effects would play out through the industrial-port shipping system in terms of direct salº jobs, income, taxes, duties, user charges, cargo and commodity balance- The biggest loser in direct salesd would be the port shipping industry in compari” to hinterlººd industries, however the hinterland would lose almost twice º many jobs. - A sobering point of view suggests that even with the imposition of various types of user charges and cost sharing, the position of the American export market would not materially be charged on a delivered cost price basis. * example in coal, the United States is a "swing" or "marginal supplier". Margº in that it handles an increment that a country would purchase based on the fact that America is known as a stable supply source of relatively good quality products. The swing supplier is vital whenever a foreign Crisis or interruptio" of regular supply occurs. The United States has been Counted on to increase production for the temporary situation. Unfortunately for many ports all 128 Economic Effects of a User Charge on U. S. - ALL FOREIGN & DOMESTIC COMMERCE, 1979, BY PORT AREA (1979 Do 11 ars) Table VII – 7 Deep water Comune roe User Charge = $.25 per ton of Imports, Exports, Domestic Unloadings INDUSTRY/AREA Port/Shipping Industry North Atlantic South Atlantic Gulf of Mexico California Pacific Northwest Great Lakes Total Hinterland Industry North Atlantic South Atlantic Gulf of Mexico California Pacific Northwest Great Lakes Total Total North Atlantic South Atlantic Gulf of Mexico California Pacific Northwest Great Lakes Total Source: U.S. Department of Commerce, Economic Development Administration. Direct Employ- Sales $1000 49 -83.29 -1468 -94.93 - 31.79 -4319 - 12339 -39128 -4631 1585 -91.488 -3B99 -10116 –9517 -126066 -12960 117 -100.981 –7078 -22435 -21056 - 165,194 , ment Income Taxes Jobs $1000 $1000 -677 - 15869 - 4147 -121 –2941 -743 –771 -18065 -4721 -268 -6373 -1666 -35B -8.465 -2212 - 1073 -25577 -6685 - 3267 -771.93 -20175 |-646 - 12605 ~2608 -25 944 366 ~4229 -122463 -32341 -86 - 3053 –946 -1172 -29053 -7.353 -688 -16621 -4076. -6846 -182852 -46958 -1323 –2847.4 -6755 -146 -1997 -377 -5000 -140528 -37062 -354 -9426 -2612 ~1530 - 375.18 -9565 - 1761 -42198 -10761 -101.13 –260045 -67133 Duties $1000 -401.7 -1151 -3964 - 1067 -780 - 1169 - 12147 -4017 -1151 -3964 - 1067 –780 -1169 -12147 User Charge $1000 85164 17763 124282 33525 22.942 53.162 3.368,47 85164 17763 124282 33525 22.942 53.162 3.368,47 Commodity Cargo Balance 1000ST $1000 - 1946 10910 -237 2508 -1478 -4 1021 - 414 - 683 -614 - 16603 -4822 - 10924 -95.12 - 558 16 -1946 10910 -237 2508 - 1478 -41021 -414 -683 -614 - 16603 - 4822 - 10924 -95.12 -55816 User Charge Study Findings – Economic Effects of Levying a User Charge on Foreign and Domestic Commerce to Finance Harbor Maintenance (Washington, D.C.: U.S. Department of Commerce, September 16, 1983, Fact Sheet), p. 32. § business, the up-turn in the Coal market experienced recently was based more upon that Swing situation. Polish mine production was stopped by a long worker strike. Now, there are reports that other Countries as well are up-grading their facilities far more comprehensively and at a lower Cost than the United States (South Africa, Australia and Canada). Furthermore, there is promise that coal in China will be developed for export. Given these circumstances, it is difficult to project in the short-term a very strong competitive position for the United States Coal market. Assuming a reduced transportation cost of up to $4 per ton for large coal Colliers, it still is "not sufficient to either induce a sizable increase in foreign demand for U.S. coal or allow the United States to signifi- Cant other major suppliers." Consequently, noneconomic factors may play an influential role in the increase of American sales, if freight buyers perceive the nation as a Cooperatlve #ading partner, politically stable, or a general increase in world Coal demand. There is also doubt among the international community that the United States will be able to be a significant provider for world coal markets on a cost basis. Insufficient transshipment facilities including ground storage, loading and automatic sampling equipment are lacking. U.S. antitrust law prevents collective agreements by coal sellers for sale abroad. A combination of high rail rates and lack of East and Gulf Coast deep draft ports makes marketing abroad with credibility difficult. One benchmark study believes "under present constraints the United States will tend §§ remain a swing supplier with an erratic annual volume of export steam coal." Alternatives to Dredging With heightened attention upon the dredging situation, more research has been targeted to identify other possibilities. Choices include a combination of technology, financial and institutional changes. Already discussed under the issue of financing has been the element of user fees and cost sharing. These will strongly influence market demand and requirements that would determine the size of the ships, depths necessary and volume of cargo coming through. All of these would be factored into help choose an alternatives. As some studies suggested, it is entirely possible that dredging would not be necessary in many Cal Se Se In the realm of technological and institutional choices, there are Sl? basic approaches with many subsets involved. These include: ... port dredging . coarse Coal pipelines . Coal slurry pipelines . ... vessel to ship loading ... barge Carrying ships ... extra wide beam coal ships : Table VII-8 addresses alternatives, funding, time requirements, impacts and constraints. It would appear that the quickest responding items would bº vessels-to-ship type loading activities, or barge-carrying-ship possibilities and extra-wide beam coal ships. These also should be less costly to public agenciº: The technology is generally available. In the case of slurry pipelines, or of coarse coal pipelines, the technology has been demonstrated and proven but would encounter, potentlally, considerable environmental and right-of-way Pº. blems from railroads, competition from barge companies and Water supply difficulties. . 130 Port Dredging Vs. Alternatives for Coal Export Port Development Years 9–10 6-7 Constraints Federal government funding doubtful; environmental con- troversies (dredge disposal site im- pacts and ground- water aquifer d is turbances, etc.).A, B Remarks (key system characteristics, advant ages, d is advantages, etc.) User charge estimates range from $0.20/ton to $3.70/ton vs. estimated freight rate savings of $3 to $6/ton for deep-draft coal ships. A These savings do not include $6 to $.10/ton recent demurrage charges at Norfolk and Baltimore.9 similar econo- mies would result for large oil, ore, and grain ships. U.S. freight rates would im- prove relative to competition (see Table 1). Tables 2 and 3 indicate that of 15 major coal-port public dredging proposals, only Baltimore and Long Beach have completed administrative review stage (see time requirements columns). Table VII —8 Alternative Port Dredgin (Major Ports – to allow 100,000+ dwt ship traffic and loading). f Coarse Coal Pipe- lines: Kamyr, Inc. (slurry load/ dry unload of up to 250,000 dwt ships). Wheelabrator-Frye, Inc. (slurry load/dry unload of 140,000 dwt ships). a 1981 Capital Co st (106 S) 280–440 per port (1980 costs). 140-160 (5-mi offshore pipe- lines, 10 mil- lion annual tons) a, D, G 150 (15-mi offshore. pipe- lines, 5 mil- lion annual tons) 165 (ex- panded system - 15 mil- lion annual tons). F Sources of Fund ing Local, state and/or federal govts. ; ports. Private pipe- line company, energy company, or consortium. Private pipe- line company, energy company, Or Con S Or - - tium. Capital Recovery Mechanisms User fees (based upon vessel draft or cargo tonnage). Pipeline freight rate 8 (current U. S. port loading costs plus premium added to capture OC e 3. In freight savings). Pipeline freight rate 8 (current U. S. port loading cost plus premium added to capture OC ean freight savings). Time Requirements Tasks Administrative review (EIS, etc.) Congressional authorization and funding. Planning, de- sign and con- struction. All (EIS re- quirements not yet investi- gated). . All (assumes E IS not neces- sary). 5 mi maximum off- shore distance (limits U. S. East Coast applica- bility); private financing uncer- tain; environmen- tal considerations not yet investi- gated; pipeline plugging or severing would require major repairs. D, E Private financing and avoidance of EIS uncertain (despite verbal as surances from environmental officials). Throughput of 7000 tons coal /h using seven 1000 ton/h on shore high-pressure feeding stations. Large coal particle size (up to 6 in.) and dewatering system claimed to eliminate need for ship retrofits. Return pipeline from ship to shore allows water reuse in system. Coal is 25% of slurry volume and a final coal moisture content of 8-10% aboard ship is estimated.P System has shorter implementation time than dredging, but is unproven underwater, has distance limitations, and has no present commitments. Has reduced coal (only) ocean-freight rates similar to port dredging, but higher loading charge. Throughput of 2500 tons coal/h. In it is 1 system throughput would require 3 retro- fitted ships and expanded system would require 8 additional ships. Costs shown include inland transport interface, coal storage, two pipelines (one for water return and reuse in system), ship mooring buoy, and ships." Coal is to make up 50% of slurry volume; particles are to be maximum of 2 in. ; and final moisture con- tent of coal aboard ship is estimated at 6 to 8x. F system has shorter implementation time than dredging and longer (claimed) distance capabilities than other underwater coal pipelines, but is unproven underwater º Table VII-8 cont. Time Requirements Years Alternative Coal Slurry Pipe- lines: Boeing Corp. (slurry pipeline from mine mouth to 350,000 dwt slurry carrier ship). b Continental Re- sources Corp. (slurry pipe- line from port area to 150,000 to 350,000 dwt ships). Vessel-to-Ship Loading: Topping off of ' 130,000 dwt 1981 Capital Co st Sources (106 S) of Funding 750c, H (1980 cost; 11 million tons annually). Private pipe- line, energy company, or consortium. 250e Continental (K20 mi Resources Co. under- water pipe- lines, 10 mil- lion tons an- nually). J <20/shipe (conver- s ion of self- Shipowners Capital Recovery Mechanisms Pipeline freight rate S (current U. S. inland transport and port loading costs, plus premium added to capture OC ean- freight savings). . Pipeline freight rates (current U.S. port loading cost, plus premium added to capture ocean freight savings). Topping off charge (