[House Hearing, 113 Congress] [From the U.S. Government Publishing Office] HOW LOGISTICS FACILITATE AN EFFICIENT FREIGHT TRANSPORTATION SYSTEM ======================================================================= (113-27) HEARING BEFORE THE PANEL ON 21st-CENTURY FREIGHT TRANSPORTATION OF THE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION __________ JUNE 26, 2013 __________ Printed for the use of the Committee on Transportation and Infrastructure Available online at: http://www.gpo.gov/fdsys/browse/ committee.action?chamber=house&committee=transportation U.S. GOVERNMENT PRINTING OFFICE 81-677 WASHINGTON : 2013 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE BILL SHUSTER, Pennsylvania, Chairman DON YOUNG, Alaska NICK J. RAHALL, II, West Virginia THOMAS E. PETRI, Wisconsin PETER A. DeFAZIO, Oregon HOWARD COBLE, North Carolina ELEANOR HOLMES NORTON, District of JOHN J. DUNCAN, Jr., Tennessee, Columbia Vice Chair JERROLD NADLER, New York JOHN L. MICA, Florida CORRINE BROWN, Florida FRANK A. LoBIONDO, New Jersey EDDIE BERNICE JOHNSON, Texas GARY G. MILLER, California ELIJAH E. CUMMINGS, Maryland SAM GRAVES, Missouri RICK LARSEN, Washington SHELLEY MOORE CAPITO, West Virginia MICHAEL E. CAPUANO, Massachusetts CANDICE S. MILLER, Michigan TIMOTHY H. BISHOP, New York DUNCAN HUNTER, California MICHAEL H. MICHAUD, Maine ERIC A. ``RICK'' CRAWFORD, Arkansas GRACE F. NAPOLITANO, California LOU BARLETTA, Pennsylvania DANIEL LIPINSKI, Illinois BLAKE FARENTHOLD, Texas TIMOTHY J. WALZ, Minnesota LARRY BUCSHON, Indiana STEVE COHEN, Tennessee BOB GIBBS, Ohio ALBIO SIRES, New Jersey PATRICK MEEHAN, Pennsylvania DONNA F. EDWARDS, Maryland RICHARD L. HANNA, New York JOHN GARAMENDI, California DANIEL WEBSTER, Florida ANDRE CARSON, Indiana STEVE SOUTHERLAND, II, Florida JANICE HAHN, California JEFF DENHAM, California RICHARD M. NOLAN, Minnesota REID J. RIBBLE, Wisconsin ANN KIRKPATRICK, Arizona THOMAS MASSIE, Kentucky DINA TITUS, Nevada STEVE DAINES, Montana SEAN PATRICK MALONEY, New York TOM RICE, South Carolina ELIZABETH H. ESTY, Connecticut MARKWAYNE MULLIN, Oklahoma LOIS FRANKEL, Florida ROGER WILLIAMS, Texas CHERI BUSTOS, Illinois TREY RADEL, Florida MARK MEADOWS, North Carolina SCOTT PERRY, Pennsylvania RODNEY DAVIS, Illinois MARK SANFORD, South Carolina ------ 7 Panel on 21st-Century Freight Transportation JOHN J. DUNCAN, Jr., Tennessee, Chairman GARY G. MILLER, California JERROLD NADLER, New York ERIC A. ``RICK'' CRAWFORD, Arkansas CORRINE BROWN, Florida RICHARD L. HANNA, New York DANIEL LIPINSKI, Illinois DANIEL WEBSTER, Florida ALBIO SIRES, New Jersey MARKWAYNE MULLIN, Oklahoma JANICE HAHN, California CONTENTS Page Summary of Subject Matter........................................ iv TESTIMONY David Abney, Chief Operating Officer, UPS........................ 4 Tracy Rosser, Senior Vice President, Transportation, Wal-Mart Stores, Inc.................................................... 4 Edward R. Hamberger, President and Chief Executive Officer, Association of American Railroads.............................. 4 Scott Satterlee, Senior Vice President, C.H. Robinson, on behalf of the Transportation Intermediaries Association............... 4 Mark V. DeFabis, President and Chief Executive Officer, Integrated Distribution Services Inc., on behalf of the International Warehouse Logistics Association.................. 4 Richard H. Fisher, President, Falcon GlobalEdge, on behalf of the Airforwarders Association...................................... 4 PREPARED STATEMENTS SUBMITTED BY WITNESSES David Abney...................................................... 27 Tracy Rosser..................................................... 36 Edward R. Hamberger.............................................. 39 Scott Satterlee.................................................. 58 Mark V. DeFabis.................................................. 69 Richard H. Fisher................................................ 73 SUBMISSION FOR THE RECORD Edward R. Hamberger, President and Chief Executive Officer, Association of American Railroads, response to request for information from Hon. John J. Duncan, Jr., a Representative in Congress from the State of Tennessee........................... 20 [GRAPHIC] [TIFF OMITTED] 81677.001 [GRAPHIC] [TIFF OMITTED] 81677.002 [GRAPHIC] [TIFF OMITTED] 81677.003 [GRAPHIC] [TIFF OMITTED] 81677.004 HOW LOGISTICS FACILITATE AN EFFICIENT FREIGHT TRANSPORTATION SYSTEM ---------- WEDNESDAY, JUNE 26, 2013 House of Representatives, Panel on 21st-Century Freight Transportation, Committee on Transportation and Infrastructure, Washington, DC. The panel met, pursuant to call, at 1:00 p.m., in Room 2167, Rayburn House Office Building, Hon. John J. Duncan, Jr. (Chairman of the panel) presiding. Mr. Duncan. The panel will come to order. Good afternoon and welcome to this hearing of the Panel on 21st-Century Freight Transportation. Before I begin, I want to let everyone know we are expecting a vote series anywhere from 1:45 to 2:30 this afternoon. With that, I recognize Mr. Miller. Mr. Miller. Mr. Chairman, I request unanimous consent that the chairman be permitted to declare recess during today's hearing. Mr. Duncan. Without objection, so ordered. Today's hearing examines the relation between logistics and a productive, efficient, and safe freight system. The movement of goods across the country may not always grab headlines, but the efficiency of freight transportation has a major impact upon the lives of every American on a daily basis. From the clothes we wear to the cars we drive to the food we eat, the freight transportation system impacts all aspects of our everyday lives. The logistics industry is valuable to the Nation's freight system because logistics improve the efficiency of the supply chain. The logistics industry adds value to the supply chain by improving the planning, implementation, and control of the flow of goods from point of origin to point of consumption. As I have said before, the purpose of this panel is to provide recommendations to the committee on ways to modernize the freight networks and make the United States competitive in the 21st century. We have been given cross-jurisdiction across all the different subcommittees, and we are going to try to do our best with that opportunity. We have been working hard toward our goal, holding multiple hearings and roundtable discussions and visiting critical freight facilities in southern California and a few days ago in the greater Memphis area. We also have before us today an outstanding group of witnesses. I am interested to hear from them regarding their operations as well as any recommendations they have on ways to improve our Nation's freight system, and we would appreciate their specific recommendations. First, we have David Abney, the chief operating officer of UPS. UPS is the world's largest package delivery company, delivering over 16 million packages to almost 9 million customers every day. Second, we have Tracy Rosser, the senior vice president of transportation at Wal-Mart Stores, Inc. Walmart operates over 4,000 stores across all 50 States and is a large user of all modes of transportation. Third, we have Ed Hamberger, the president and CEO of the Association of American Railroads. AAR represents all of the Class I railroads as well as over 170 short line railroads and regional lines. Next we have Scott Satterlee, a senior vice president at C.H. Robinson, testifying on behalf of the Transportation Intermediaries Association, TIA. C.H. Robinson is a leading third-party logistics company, and TIA is the professional organization for the third-party logistics industry. Fifth, we have Mr. Mark DeFabis, president and CEO of IDS. Mark is testifying on behalf of the International Warehouse Logistics Association, IWLA. IDS is a warehouse logistics company from Indianapolis, Indiana, and IWLA represents warehouse-based logistics companies. Finally, we have Richard Fisher, president of Falcon GlobalEdge, testifying on behalf of the Airforwarders Association, AFA. And Falcon is, of course, a logistics company focusing on air cargo. In his capacity as chairman of AFA, he represents 360 similar companies. I thank all of our witnesses for joining us today, and I now recognize our ranking member, Mr. Nadler, for his opening statement. Mr. Nadler. Thank you, Mr. Chairman. Mr. Chairman, thank you for holding this hearing today and for your leadership as this panel carries out its work. Through hearings, roundtables, and site visits we have made steady progress in spotlighting the challenges facing our freight transportation system. Today we have the opportunity to hear how companies serving a variety of critical functions in the movement of goods employ logistics to maximize the efficient movement of freight. What these private entities are doing to move commerce is remarkable. Some testimony will underscore what is very visible to consumers, such as UPS moving 16 million packages throughout the world every single day. Other testimony will reveal a largely hidden network of third-party forwarders and warehousers and warehouse-based supply chain management. Each of these companies, through innovation and adaptability, ensure that the movement of freight across the country does not come to a screeching halt. Advancements in logistics have made our Nation's roadways, railways, waterways, and skies realtime warehouses thanks to Just in Time delivery. Yet the transportation systems that facilitate freight movements have not evolved to meet the changing demands. Logistics and technology can only help companies maximize the efficiency of operating on the existing transportation network, and the bottom line is that the existing infrastructure becomes less and less adequate to maintain our Nation's global competitiveness. While freight volumes across the globe are exploding, our international competitors are rapidly upgrading their transportation networks to meet the needs of the global economy. With our Nation's population expected to exceed 400 million by 2050 and freight volume is expected to grow by 60 percent in the next three decades, future demands on our intermodal freight network will require a bold new vision and approach to addressing these challenges. Providing a vision for a 21st- century freight transportation system and ensuring that funding is available to upgrade and maintain the infrastructure in which freight moves remains the responsibility of the Federal Government. We must work to bridge the gaps that exist in all modes--highway, rail, water, and air--between current system capacity and our growing goods movement needs. Robust investments across our freight network will ensure that shippers and logistics providers will have good choices to make among modes. We must also work to specifically identify and address freight bottlenecks that cause congestion, slow the movement of goods, and come at a cost to our economy. We will hear from Mr. Abney today that if every UPS vehicle is delayed just 5 minutes each day, it would cost UPS $105 million annually. Particularly with respect to surface transportation, we do not currently have a reliable way to fund large-scale transportation investments whose impacts can be felt regionally and nationally. These high-cost projects overwhelm the ability of any State to take on and, as a result, most often do not advance. We need a dedicated source of funding outside of the existing State-based system to foster and prioritize these investments which are crucial to freight movement. I am pleased to hear that the witnesses on this panel agree with this assessment. Some are willing to go further and recommend ways to fund freight movement. I look forward to an active discussion today and at future meetings of this panel not only on investment needs but on revenue options to meet the enormous challenges before us. I thank you and I yield back. Mr. Duncan. Well, thank you very much, Mr. Nadler. Does anybody else wish to say anything? Any other statements at this time? All right. We will go ahead and proceed with the witnesses. I think I have chaired about 250 or 300 hearings since I have been here. And they have thrown me. They have reversed the order for the first time. So we are going to go backwards. I guess it doesn't make any difference. It fooled me though. Our first witness will be Mr. David Abney, the chief operating officer of UPS. Mr. Abney. TESTIMONY OF DAVID ABNEY, CHIEF OPERATING OFFICER, UPS; TRACY ROSSER, SENIOR VICE PRESIDENT, TRANSPORTATION, WAL-MART STORES, INC.; EDWARD R. HAMBERGER, PRESIDENT AND CHIEF EXECUTIVE OFFICER, ASSOCIATION OF AMERICAN RAILROADS; SCOTT SATTERLEE, SENIOR VICE PRESIDENT, C.H. ROBINSON, ON BEHALF OF THE TRANSPORTATION INTERMEDIARIES ASSOCIATION; MARK V. DEFABIS, PRESIDENT AND CHIEF EXECUTIVE OFFICER, INTEGRATED DISTRIBUTION SERVICES INC., ON BEHALF OF THE INTERNATIONAL WAREHOUSE LOGISTICS ASSOCIATION; AND RICHARD H. FISHER, PRESIDENT, FALCON GLOBALEDGE, ON BEHALF OF THE AIRFORWARDERS ASSOCIATION Mr. Abney. Chairman Duncan, Ranking Member Nadler, and members of the panel, thank you for the opportunity to testify about how UPS utilizes logistics to move freight and the opportunities we see to improve America's productivity. UPS plays an important role in freight transportation. I have four slides. If we can show the first slide. And you can just see that we have 400,000 UPS employees, many of which are in the United States. And we have almost 100,000 commercial vehicles. At any given time, the economic value of the goods and services that are in the UPS network are equal to 6 percent of the U.S. GDP and 2 percent of the world's GDP. If you look at slide two, I am just going to give you a quick example of logistics in action. And in this case, we have a supplier in Los Angeles, a manufacturer in New York, and a customer in Germany. And I am just going to focus on the transportation mode changes. So it goes by truck. And then when it gets to Chicago, to our catch hub, it gets shifted into rail. It will move by rail to New Jersey. At that point, it will have another mode shift. It goes back to truck. And then it gets delivered to the manufacturer where it is added and final assembled and then again it goes by truck. And then of course it would travel by air to Germany. And then it would be delivered. This is very common to see these shifts in our modes of transportation. And you know most times things go very well. But as the next slide will show, there are some challenges. And when those challenges occur, they can delay the movement of goods. And one of those is weak intermodal connections. So when you are trying to change from one mode to the other. Now a good example of a project that is going to correct one of these large ends is the project created in Chicago that Congressman Lipinski is involved in. We certainly appreciate your efforts there. There is always highway congestion in all the urban cities. We all know that. And then the air traffic controller delays could be because of many reasons, but our antiquated navigational system is one of those. You can see at the bottom of the slide that there is real cost to this congestion and to these delays. And as was quoted by Ranking Member Nadler, every 5-minute delay to every one of our vehicles is $105 million. And what it causes us to do is to overstaff and to put more trucks on the road than we need to to make up for the congestion. The last slide, I just wanted to talk about solutions for a minute. And I will highlight the first three. And you can see the others. But over the decades, America's transportation infrastructure has been built in silos. So highways were built to connect to highways. Railroads were built to connect with railroads. Congress has tried to link them together, but it is still a patchwork. And America needs a freight system that is built like a network. And I encourage Congress to take a long- term coordinated view of how the different modes can work together. For highways, the simplest improvement that we would recommend is to increase the length but not the weight of each trailer from 28.5 feet to 33 feet in twin trailer configurations. This would allow freight to move more efficiently, reduce the number of trucks on the road, and would provide environmental benefits without compromising highway safety. Because we are not increasing the weight limit, there is no risk of further damage to highways and bridges. UPS also supports raising the motor fuels tax and indexing it to inflation. The other mode I will mention is air transportation. And we endorse increased funding of the FAA's next generation air traffic control system, and we think those benefits have been well documented. So I joined UPS 39 years ago. I could not have imagined the incredible growth and global commerce or could I have imagined the role that UPS plays in facilitating America's economy. But I also cannot imagine that nearly four decades later, America's transportation infrastructure would still be stuck in the 20th century. This panel can help modernize infrastructure, build connections between different modes, address global barriers to freight movement, can move our freight transportation system into the 21st century, boosting America's efficiency, growth, and competitiveness. It is a critical mission, and all of us stand ready at UPS to assist you in this vital effort. Thank you very much. Mr. Duncan. Thank you very much, Mr. Abney. Our next witness is Mr. Tracy Rosser, who is senior vice president of transportation for Wal-Mart Stores, Inc. Mr. Rosser. Chairman Duncan, Ranking Member Nadler, distinguished members of this panel, thank you for the opportunity to speak with you today. My name is Tracy Rosser, and I am senior vice president of transportation for Wal-Mart Stores, Inc. I am responsible for domestic transportation, our private fleet operations, and global transportation. Walmart's logistics network is critical to providing goods to our customers throughout the world. The ability to replenish our stores and clubs quickly and at low cost has been a key contributor to our success. Technology, innovation, and the commitment of our associates continue to drive our mission in providing customers an outstanding shopping experience that saves them money so that they can live better. Walmart opened its first distribution center in 1970, using a system designed to quickly and efficiently replenish our shelves. Walmart logistics employs 77,000 associates at 150 distribution centers and 87 transportation offices. We run 6,200 trucks, 55,000 trailers, and we have 7,500 drivers in our private fleet operations. And I would say that our private fleet operations is among the safest, with a 1.56 million miles per preventible accident. Our fleet drivers log approximately 700 million miles per year, with the average truck driver logging more than 100,000 miles a year. Our distribution center network typically serves from 90 to 100 stores and uniquely caters to the needs of specific stores within a 200-mile radius of those distribution centers. They move hundreds of thousands of cases each day, and our import facilities provide efficient methods of handling international merchandise. Walmart also has nine disaster distribution centers strategically located across the country stocked with relief supplies. We have set really ambitious strategic sustainability goals that include doubling our fleet efficiency by 2015 with solutions like cross-dock consolidations networks, lean routing, reduction of empty miles, and optimizing how merchandise gets loaded in our trailers. In 2012, we delivered 297 million more cases, driving 11 million fewer miles than in 2011. We continue to work with the trucking industry on a variety of innovative technologies, including hybrid and other advanced power trains, alternative fuels, aerodynamics, and advanced tire technologies. For 2012 alone, such reductions helped us avoid emitting 103,000 metric tons of carbon dioxide, the equivalent of taking 20,000 cars off the road. In addition, by reducing food miles between farmers and markets, reducing food waste and working with farmers to optimize production, we have been able to strengthen local economies and create logistical and environmental savings. With over 4,000 stores in the U.S. and locations in every State, Walmart is a user of all modes of transportation, from our ports to our rail networks to our highway infrastructure. The transportation infrastructure is an asset to our country, offering a competitive advantage that should be utilized to the fullest. Looking ahead, we believe it is important to focus on maintaining a system that yields the highest degree of safety, efficiency, and environmental stewardship. We encourage your panel to dedicate attention and funding on areas with the highest priority maintenance needs and areas of extreme inefficiency and congestion. Like other users, we have noticed that bottlenecks can develop across all modes, at points of significant freight movement, as well as in and around urban areas. When we find that customers in urban areas share a similar demand for goods and services in other areas of the country, the logistical costs of meeting those needs can be significant. In addition, as e-commerce grows, customers are demanding faster delivery tailored to their schedules. Without a focused effort to address timely movement of the freight through urban areas, restrictions and workarounds will continue to add cost, both environmental and economic. Although we pride ourselves on our ability to adjust quickly, challenges underscore the need for a national freight policy. State and local regulations often share similar goals of safety and efficiency, but the variety of measures can be cumbersome and costly to interstate commerce. We encourage the development of solutions that address the needs of our transportation network in as uniform a manner as possible. Maintaining a strong infrastructure will also help our suppliers to remain competitive. Walmart recently announced a commitment to buy an additional $50 billion in U.S. products over the next 10 years. As the economy continues to improve, domestic producers will rely on a lean, efficient transportation network to get their products to market quickly and cost-effectively. To conclude, as a significant user of the Nation's infrastructure, we understand the value of our Nation's system and of ensuring that it remains competitive in the decades to come. We encourage the use and development of safe, efficient, and sustainable solutions in freight movement. We also believe that attention and financial resources should be directed towards areas in high needs of maintenance, congestion points, and challenges of urbanization. Finally, a clear national freight policy can promote interstate commerce while meeting safety and efficiency needs and goals. Walmart appreciates that this panel has been tasked to consider ways to best meet the demands of the Nation's freight network. There is no easy answer here, and we look forward to working with you as you address the challenges ahead. Thank you again for your time today. I am happy to answer any questions. Thank you. Mr. Duncan. Thank you very much, Mr. Rosser. Next is Mr. Edward R. Hamberger, who is the president and CEO of the Association of American Railroads. Mr. Hamberger. Mr. Hamberger. Mr. Chairman, thanks to you and the other members of the committee for the opportunity to be here to represent North America's freight railroads and address this important topic. A couple of years ago, Mr. Chairman, we came to the conclusion that the story of logistics and freight needed to be told on a wider basis. So we went ahead and put together a video. I do have a clip I would like to show you today under the theory that a picture is worth a thousand words. So this is about a minute and a half of what we believe are rail logistics in the supply chain. [Video shown.] It may not be as catchy as some other logistics videos I have seen, but we think it gets the point across. And I hope the point that you take away from it is that we see ourselves as an interrelated network. Obviously it was freight rail- centric, but you saw a lot of our other modal partners in it. Working together with our partners and customers here, we create jobs, grow the economy, and keep American products competitive in world markets. Let me just get right to the end. How do we keep that going? In terms of public policy, we recommend, as my two previous colleagues did, that you continue to focus programs to improve the first mile and last mile connections where freight is handed off from one mode to another, from truck to rail or rail to truck, at intermodal terminals. Improving these connections will lead to large increases in efficiency and fluidity throughout the network. While we have been reinvesting more private capital than ever before, $25 billion this year alone, 40 cents of every revenue dollar back into the infrastructure--as you saw, $500 billion in the last 30 years--sound public policy helps to ensure that these investments continue. So we would say, number one, please keep in place the current balanced economic regulatory structure governing our industry. Number two, please encourage more voluntary--and I emphasize voluntary--public-private partnerships for freight rail infrastructure improvement projects. Three, please try to improve the environmental and other permitting reviews to make them more efficient, by shortening the time it takes for these reviews of freight expansion projects, of course in ways that do not adversely affect the quality of those reviews. Fourth, we ask that you defer consideration of any truck size and weight legislation until the congressionally mandated study from MAP-21 is completed next year. And five, sort of more of a philosophy, ensure that various freight modes pay their own way. That is to say, the ``user pay'' concept has worked very well for developing and growing the infrastructure in the country. We believe that the ``user pay'' concept should continue into the future. Thank you for the opportunity to testify and I look forward to answering any questions. Mr. Duncan. Thank you very much. Our next witness is Mr. Scott Satterlee, who is with C.H. Robinson, on behalf of the Transportation Intermediaries Association. Mr. Satterlee. Chairman Duncan, Ranking Member Nadler, and members of the committee, thank you for the opportunity to testify at today's hearing. As one of the Nation's largest third-party logistics providers and a proud member of the Transportation Intermediaries Association, C.H. Robinson has a unique view on how goods and commerce flow from manufacturer to consumer. My name is Scott Satterlee, and I am senior vice president for C.H. Robinson. I joined C.H. Robinson in 1991. And I am responsible for overseeing the operations of our 175 U.S. branch offices which employ more than 8,400 U.S. employees. C.H. Robinson was founded in 1905 and facilitates the movement of over 11.5 million shipments a year. We have been named the number one 3PL for 2 years in a row by Inbound Logistics magazine. Additionally, C.H. Robinson is a member of the Transportation Intermediaries Association. The TIA is a professional organization of the $162 billion third-party logistics industry. TIA represents over 1,300 member companies most of whom are small family-owned businesses. C.H. Robinson relies on all the Nation's freight capacity to manage our customer shipments on a daily basis. We do not own equipment with wheels. So we are mode-neutral when tendering shipments. We monitor and qualify over 45,000 U.S.- based motor carriers for proper authority, valid insurance, and other data points. 82 percent of the carriers operate three or fewer trucks, and 98 percent of the carriers operate 25 or fewer trucks. Many of these companies do not have their own dedicated sales force, so companies like C.H. Robinson enhance their sales capabilities. We also have access to all Class I railroads for intermodal freight. We operate a series of gateways and consolidation centers for air freight and ocean freight and perform customs clearances as a licensed customs broker. Some shippers only use our services a handful of times when they need assistance finding a truck while other customers have fully integrated our services and even our people into their transportation departments. So how does freight get assigned and picked up across the country in a regional or long-haul marketplace? We act as a traditional freight broker for almost all of our transportation customers. If our rates and service levels are competitive, we bring thousands of carriers of all sizes to our customers that normally would never have a chance to access their freight due to technology, payment, or contracting requirements. For some customers, we also act as a 4PL or shipper's agent by executing the routing guide. In theory, transportation should be pretty simple. If you have a load you need transported, you locate a truck, you assign the truck, and wait for the freight to deliver. Unfortunately, many variables make the matching of a load with an available truck much more complex than that. For example, weather and traffic delays, equipment failures, changing regulation, lane capacity imbalances, business seasonality, and economic conditions all add tremendous complexity to the system. In addition, systematic problems, such as short lead times and heavy reliance on expedited services, excessive loading and unloading time, poor visibility to inbound or outbound freight, and securing surge capacity during busy seasons combine to add inefficiency to the country's transportation system. Property freight brokers and 3PLs like C.H. Robinson mitigate these factors that contribute to inefficiency by matching the right load to the right piece of equipment at the right time. Finally, we offer these recommendations where Government can reduce both chronic and unexpected exceptions, therefore increasing efficiency in the supply chain. One, provide shippers and brokers clarity in which carriers are safe to hire in regards to the CSA program. Freight brokers and shippers should not need to second-guess the FMCSA on who is authorized to operate on the Nation's roadways. Two, encourage our transportation system to have built-in modal flexibility. An example of modal flexibility would be an increase in rail ramps across the Nation or a viable shortsea shipping program. Three, make sure trucking remains a great opportunity for the small- and medium-sized entrepreneurs. They provide the flexibility and service to keep our entire transportation system in equilibrium. Barriers for small carriers include California's environmental regulations which is significantly different from the rest of the country. Four, help industry address the growing rise of sophisticated cargo theft. Regional cargo theft task forces are under increasing budgetary pressures from law enforcement agencies but provide industry and consumers valuable deterrent to a costly problem. Lastly, ensure consistency between food safety regulations and cargo claims regulations. It is now common for a shipper to request the destruction of hundreds of boxes of food without clearly establishing proof of actual damage. 3PLs are often caught in the middle of a tension between freight cargo claims responsibility and food safety fears. We are encouraged and optimistic that the next highway bill can and will find ways to improve the Nation's freight efficiency by addressing some of the noninfrastructure barriers to the efficient flow of freight across the country as well. Thank you. Mr. Duncan. Thank you very much. Our next witness is Mr. Mark DeFabis, president and CEO of Integrated Distribution Services. Mr. DeFabis. Mr. DeFabis. Chairman Duncan, Ranking Member Nadler, members of the committee, thank you for inviting me to testify today. I represent members of the International Warehouse Logistics Association and serve on the organization's executive committee. The IWLA is the only trade association for warehouse-based third-party logistics providers. These are companies like mine that offer warehouse-based supply chain management services to other businesses across North America. Independent warehouses are a vital part of the economy. We best serve our customers by identifying efficiencies that allow goods and materials to move with more velocity from creation to the end consumer while navigating the legislative and regulatory waters that affect goods movement. We do all of this while constantly looking for ways to achieve efficiencies within the overall supply chain. And our success is evidenced by the fact that logistics costs as a percentage of GDP have fallen almost in half from 16.2 percent of GDP in 1981 to 8.5 percent in 2012. Our unique position in the supply chain allows us to understand just how goods move across the country and exactly where the system needs to focus to ensure smooth commerce in the future. Today's commercial freight is multimodal. And the warehouse-based 3PL is the point at which modal interchange happens. This is one reason IWLA members' facilities are located near every major airport, seaport, harbor, railyard, interstate interchange, and why adequate access to these locations is imperative. As I mentioned, velocity and security and accuracy within the supply chain are mission critical outputs. This is the reason that warehouse-based 3PLs provide a growing number of value-added services. These warehouses, once only big boxes where goods were stored, now may label, package, sort, blend, test, and save customers on transportation costs to speed the process. These same warehouses may also support made-to-order operations and handle returns processing and refurbishing of returns. Warehouse-based 3PLs also play a key role in another growing segment of the economy, Internet commerce. This increasing amount of e-commerce sales means more shipments are being delivered directly to the consumer. This fact demonstrates that commercial freight does not just move on interstate highways but extends all the way to the residential doorstep. This new model, based on value-added services, exposes warehouse-based 3PLs to regulations that previously only applied to manufacturers. One distinction between the warehouse and manufacturers is important to keep in mind. Warehouse-based 3PLs do not own any of the products that move through our facilities. Ownership of the goods remains with the customer and the relationship is that of a bailor and bailee governed by Article VII of the Uniform Commercial Code. It seems that this relationship is often not understood or considered during the drafting of Federal rules and regulations. While warehouse operators are prepared to live by rules and regulations governing the handling and storage of various products, we can only act upon the direction and information supplied by our customer, the bailor. As bailee, we should not be held to the same level of liability that applies to the owner of the goods. From its unique position in the supply chain, the warehouse-based 3PL can see and is directly affected by bottlenecks and choke points within the commercial freight network. These often manifest themselves at the warehouse where increased costs are incurred to keep the supply chain moving in a coordinated fashion. A strong logistics industry enables a healthy and growing economy. But a strong logistics industry is only possible with freight policies that support the needs of the 21st-century supply chain. With this in mind, the members of the International Warehouse Logistics Association ask the committee to consider the following: Develop new approaches to infrastructure financing for all commercial transit modes. These can come via traditional revenue sources and through new sources, such as user fees, mileage-based taxes, and greater use of private investment. Implement policies to ensure that revenue designated for commercial freight projects cannot be diverted in the same way that Highway Trust Funds are today. Guarantee that fees that are collected on imports at the ports through the U.S. Harbor Maintenance Trust Fund are used for their intended purpose, dredging and maintaining the Nation's ports and waterways. Also, with expansion of the Panama Canal, many ports will need dredging to accommodate the larger ships transferring through the canal. We have made other recommendations as a part of our written testimony, and we would ask your attention to those as well. But on behalf of the International Warehouse Logistics Association, I thank you for your time. And our industry stands ready to work in partnership with the committee on ways to enhance commercial freight movement that would result in economic growth for the economy. Mr. Duncan. Thank you very much. Next is Mr. Richard Fisher, who is the president of Falcon GlobalEdge, for the Airforwarders Association. Mr. Fisher. Chairman Duncan, Ranking Member Nadler, and members of the committee, thank you for inviting me to testify before the committee today. I also would like to thank Chairman Shuster and Ranking Member Rahall for setting up this important panel. My name is Richard Fisher, and I am president of a forwarding company called Falcon GlobalEdge, and I am also chairman of the Airforwarders Association. Falcon GlobalEdge is headquartered in Boston and operates both domestically and internationally. Today I am testifying on behalf of the Airforwarders Association. Our association represents 360 member companies, employing tens of thousands of employees and contractors. AFA members range from small businesses to large companies employing thousands, with business models varying from domestic to worldwide operations, with some members operating their own aircraft. In short, we are the travel agents for freight. We move cargo throughout the supply chain in a time and cost efficient manner regardless of the transport mode that is chosen. The global economic downturn continues to erode forwarder margins in the face of increasing costs. And these expenses only escalate as the regulatory web expands. For example, in the case of an air shipment between Washington and Paris, the timely delivery of our customers' product is dependent on a myriad of U.S. Government agencies and regulations beginning with TSA and CBP. It is critical that both FAA and CBP are adequately staffed to manage flights and clear shipments quickly and efficiently. When going to or from the airport, shipments that move by truck fall under the purview of the DOT, and the trucker himself falls under the oversight of FMCSA. Ultimately, one import shipment arriving in the United States could meet 13 regulatory agencies at our border, and delays can and will result. Sun Tzu once said, ``The line between disorder and order lies in logistics.'' True in war and in forwarding. Aviation is a key for many of our members' businesses. According to the International Air Transport Association, air cargo transports over $6.4 trillion worth of goods on an annual basis, amounting to 35 percent of trade by value. Allow me at this point to thank the committee for resolving the FAA furlough situation and keeping our control towers open and operating. As an industry, we are heavily dependent on passenger carriers. As an aside, the administration's proposal to impose billions of dollars in new and higher aviation taxes should be flatly rejected. It is in our Nation's economic interest to have a healthy and robust aviation sector, and increasing taxes on airlines runs contrary to this goal. Our industry's operations are immensely complicated by new regulatory burdens. Conversely, the Government can assist by continuing to support the modernization of our antiquated air traffic control system by deploying what is called NextGen which has been alluded to by my colleagues. The benefits of NextGen have demonstrated that the technology can save flight time, greatly increase the safety of flight operations, and reduce emissions. I urge this committee to maintain its strong support for NextGen development. AFA members and their customers see the impact of high fuel prices every day by paying higher freight rates and higher prices at the pump. Still, we also realize that our shipments require good roads and bridges to get to and from the airport, and current funding sources are insufficient to maintain this vital infrastructure. For example, one in nine bridges in the United States remains structurally deficient. Proposed solutions range from increasing the Federal gas tax to a vehicle miles traveled tax. Before embracing the higher tax, we need assurance that existing taxes are being invested as intended. Given the new hours-of-service regulation that will take effect next Monday and requires as many as 40,000 new truckers, it is even more critical for the CSA program to better work for industry. We need to have surety on who is authorized to operate on our Nation's highways. In conclusion, I urge members of the committee to remain vigilant on the promulgation of additional regulations and its impact on the freight industry. Thank you for this opportunity. And I will be happy to answer any questions you might have. Mr. Duncan. All right. Thank you very much. I apologize, but we do have two votes going on on the floor right now. So we will have to be in recess until we conclude those votes. Thank you. [Recess.] Mr. Duncan. All right. I am sorry that we got interrupted by votes, and then we only had two votes but we had to have an announcement about the women Members' softball game tonight, so obviously, obviously very important business on the floor of the House, but we certainly appreciate all the testimony that all of the witnesses gave and now we will get into a little discussion. Mr. Abney, as you understand, I think, the purpose of this panel is to try to coordinate all our different subcommittees and come up with a way to always be trying to improve our freight mobility or freight transportation system, and you said in your testimony that our present system was built in silos and is more a patchwork of modes. If you could change one thing about how the Federal Government addresses our freight system, what would it be? What is the big thing that you see for UPS? Mr. Abney. You know, the big thing for us would be long- term planning that would link the intermodal connection. So, those strategic locations in the U.S., whether it be for national importance or whether they be regional, but if those intermodal connections would be strengthened where we do switch from ocean to ground or from ground to rail, and Project CREATE is a good example of an area that is focused on that. But right now we just see that highways are meant to connect with highways and the railroads to railroads, and that would be the area we would like to see the biggest focus on. Mr. Duncan. Mr. Rosser, you want to take a stab at that? Mr. Rosser. Sure. Thank you, Chairman, for the question. I think you are already doing it, frankly. When you think about the issues that you are addressing, I think you are nailing it, so studying the problems, continuing research and engagement with the private sector like you are doing to understand where the issues are, continue to invest in the intermodal network in terms of identifying and finding those areas that add costs. So, our business, we are all about helping our customers save money so that they can live better, and those issues that Mr. Abney talked about are critical issues that add cost to our customers, and I think solving those issues on behalf of those constituents is a really important thing. And so I would just add, focusing on those things that improve the safety and efficiency of the network in total. Mr. Duncan. Let me ask you something else I am a little curious about. When, oh, I think just about a year after 9/11, the FedEx people told me that they had spent about $200 million on security measures that they wouldn't have spent if it hadn't been for 9/11, and it just really boggles my mind how much we have spent on the Federal level, the State level, all the local governments, and then all that the private companies have spent on security, and now we have this huge industry related to security. Is that spending, has it leveled off? I guess what I am thinking about, is a few months after 9/11, the Wall Street Journal had an editorial, and they said they noticed that all the departments and agencies were sending up requests for additional money for security and they said, from now on, a wise legislative policy would be that anytime the word ``security'' was mentioned, a wise legislative policy would be to give it twice the weight and four times the scrutiny, yet we are not doing that. The Congress votes for anything that has the word ``security'' attached to it. Then I go to these ports and I go to all these places and I see all the trucks have to stop and go through the machines and all that kind of stuff, and it just seems to me we have gone ridiculously overboard on all that stuff. But are your companies, or your association, what do you say? What do you find in that regard? Are you still having to spend a lot of money on security? Anybody? Yes, sir, Mr. Abney. Mr. Abney. Yes, I could answer for UPS, and the answer is that it continues to grow, and I wouldn't tie it to just 9/11. I would tie it to all the terrorism activity that has happened throughout, and one of the areas that we are really working on and working with the Federal Government on is to take a risk- based approach. So while we deliver almost 16\1/2\ million packages a day, most of those packages, we would have no reason to suspect. So with the technology that we have that can put various parameters in and tying it into the Federal Government system, we can zero in on those areas that are--have the most risk of security, and that would be a better use of the dollars and it would allow you to target versus this shotgun approach. Mr. Duncan. Well, I just think it is sad that we are spending so much money on all of that. But Mr. Hamberger, in your testimony you mentioned the first mile and last mile connections are vulnerable to disruptions. Can you elaborate on that a little bit? What are your solutions there? Mr. Hamberger. Well, I think one of the areas that you probably saw when you were out in southern California concerns the transfer points from the ports to a railyard. For example, I know that one of our members has been working for 8 years to get an intermodal transfer station sited. We need to focus attention on improving the regulatory permitting review system. That station is going to take millions of trucks a year off the road, and they finally got their approval this year. And now, of course, they will be in court for the next couple of years fending off challenges. But it is that transfer point from one mode to another which needs attention. Mr. Duncan. All right. I have got many more questions, but I am going to go now to Mr. Lipinski first. Mr. Lipinski. Thank you, Mr. Chairman. Thank you for holding this hearing on logistics. I appreciate the participation of all the witnesses today, and a couple of things that I just want to mention, I probably won't have time for comments on this, but I just want to make sure I mention the--I think next year, and was mentioned as I think that is very important, that we move forward more quickly on that than we have, and also, what Mr. Nadler had mentioned in his opening comments about the importance of having a Project of National and Regional Significance, a fund so that we can make sure that we get the funding that is needed for some of these really, really big projects that are critical to our Nation. Mr. Abney, I appreciate your package flow example in your comments about CREATE and how important CREATE is when we are out in the ports of Long Beach and L.A. They talked about the importance 2,000 miles away of how important CREATE was to them. Your testimony highlights that Illinois is the transportation hub of the country. You know, I have the honor of representing Hodgkins, which is home of the UPS Chicago Area Consolidation HUB that you reference in your example. The facility employs over 6,000 people and forwards 1.3 to 1\1/2\ billion packages every day. It is also located adjacent to the BNSF Chicago Willow Springs intermodal facility which opened at the same time as the HUB in 1995. I visited that complex a number of times. I more was impressed not just by the logistics used there but also the men and women who work there. So, that example that you had shown us, Mr. Abney, I had noticed and actually Mr. Nadler had mentioned this to me as he was leaving, what impacts the decision about what modes to use, because I noticed it was as you moved by truck from California to Chicago and then by rail from Chicago to New York. What influences those decisions? Mr. Abney. Excellent question, and we have noticed that over the years, too, believe me, and you know, we put over 3,000 loads or containers a day on the rails. We are one of the largest customers and we have been doing that my entire career at UPS. What causes us to put this particular segment on the road is time in transit. If we truck it to Chicago, we can cut at least a day's time in transit the way it works with the train schedules, and so we look at each of these lanes and where we can place it on the rail and maintain the time in transit, we certainly do so. That is our first option. Where we can improve time in transit, we have to measure the increased cost compared to the customer demand, and in this case to be able to reduce the days, time in transit, we put it on the road. Mr. Lipinski. But know you do move by rail also from--out from southern California to the Willow Springs CACH, I understand. OK. I wanted to ask Mr. Rosser. You had talked about increasing your efficiency of your trucks on the road. How did you, as a company, increase the sufficiency of movement? Mr. Rosser. Thank you for the question, Congressman Lipinski. So, we had an objective set forth back in 2005 where our CEO challenged us to double our fleet efficiency, our own trucks that we operate by 2015. I am glad to say that we are about 80 percent there and still have some work to do. Our focus has been on moving the most cases over the fewest amount of miles and in the most efficient equipment. So kind of a three-pronged approach, and the way we measure our efficiency is cases shipped per gallons of fuel burned, is how we measure that. I will tell you that in 2011 we delivered 297 million more cases and avoided 11 million miles. And I stated earlier, too, compared to 2007, we moved 658 million more cases, driving 298 million less miles, which saved us about $875 million that we were able to pass along that savings to our customers. If you think about the approach, I will tell you that we are probably a little biased and we think we have the best truck drivers in the industry that are working for Wal-Mart Stores, and it starts with our people, and our truck drivers are very cognizant of fuel economy in our tractors. We work on some of the basics relative to fuel economy with engine calibrations, driver training, managing our speed, our maintenance programs, things of that nature. We are constantly looking with--at advanced technology with our vendor partners, looking at aerodynamics, weight, things of that nature, fuel efficient tires, et cetera. And then the other things that we are looking at that are fairly basic is just increasing what we are able to put on the trailer. We work with our merchants and our suppliers to reduce packaging size, so we are able to move more product in our trailers with more efficient packaging. We have used technology with loading techniques in managing our loading techniques to get more cases per trailer. For us, one additional case per trailer can save us and our network about $680,000 over the course of a year just getting that one extra case per trailer. We look at delivery frequency to our stores, multistop networks. We optimize the--utilize technology to reduce our network miles driven. Our supplier base is constantly changing. Our ship points are constantly changing, and so we have to constantly evaluate what the network looks like, and we do so on an ongoing basis to reduce miles driven, and so I will tell you that, you know, it is not any one thing. It is a recipe of a variety of basic fundamental operations that have allowed us to reach the 80 percent point of our goal. Mr. Lipinski. Thank you. I had another question, but let me just throw out if we don't get another round, I just wanted to--I was going to do this for a question for the record, Mr. Fisher and Mr. Abney, about the impact of night tower closures at airports because I know Midway, in my district, was threatened with that, Ontario was also threatened with that, and just interested in the impact, if that happened in the future, which is still threatened. But way over time now, so I yield back. Mr. Duncan. All right. Thank you very much. Mr. Webster. Mr. Webster. Thank you, Mr. Chairman. I had a question for Mr. Hamberger. Are there any Federal laws that are impeding efficient freight transportation? Mr. Hamberger. I think there are, as I mentioned, environmental permitting regulations that are slowing down the siting. Mr. Webster. OK. I will add that to my question, too, Federal regulations. Mr. Hamberger. Slowing down the siting of intermodal yards. I mentioned the one in southern California. What I have learned this morning is that at the other end of that yard where the railroad wanted to move the trailers and the containers across the country to Edgerton, Kansas, there was a dry riverbed. That situation led to a lawsuit before the State Supreme Court of Kansas challenging the Corps granting of a 404 permit to build an intermodal yard around that dry riverbed. So those kinds of regulations are something that I know the committee worked on in MAP-21. I know you have tried to do it in WRDA. If that moves, we would ask that you take a look at some way of streamlining regulations in the rail infrastructure building arena as well. Mr. Webster. All right. Thank you. Mr. Abney, how do you see the emergence of e-commerce affecting the logistics chain? Mr. Abney. You know, it has had a big effect on our business. It at one time, the largest part of our business, is about a little more than 50 percent now, was from shipper to another business, so B to B. And so we were delivering 50 to 100 packages to a commercial stop. Now we see a lot more B to C, which is going to be one, one-and-a-half packages per stop, and it is just a fact of life and it is one thing that through our technology has allowed us to make changes to where we can address those needs. So, now we have an example of that, is UPS My Choice where an end consumer that has got a package coming to their house can request to have that package redirected, redirected to their office, redirected to their neighbor or held for a day until they are going to be home. So it is those kind of creative things that we do that allow us to adjust to this change. But--and we see it especially during Christmastime. You know, the percent of packages that we deliver to residential neighborhoods increases greatly and we have had to adjust our network to that. Mr. Webster. Thank you. Anyone else on that question? Mr. DeFabis. Congressman Webster, I would also say that what we--you know, as e-commerce grows, there is a number of services that are offered through UPS, FedEx, other parcel carriers, that also are these hybrid services that utilize the U.S. Postal Service for last-mile delivery for some of these lighter weight packages, and I would say that as we look at logistics in total there probably is some role that the Postal Service is playing today to facilitate e-commerce for delivery of those lightweight packages that needs to be considered as well. And as I said in my comments, the commercial freight now with e-commerce is moving all the way to the doorstep, so we can't just say that it is moving on the freeways. It is really moving into the residential streets, and how are we going to efficiently do that. Mr. Webster. Thank you. Yes, one more. Mr. Fisher. The Airforwarders Association, Mr. Webster, has a slightly different view. As it applies to our business, we just recently endorsed IATA's e-Air Waybill initiative, which is to transmit all information to air carriers in a standardized fashion electronically. We are a paper dependent business and have been for years, so we will see in the future all of that information going electronically to carriers, which will make us more efficient and make the carriage of freight more efficient as we go forward. From a personal perspective, in my own company, we have been electronic now for several years. We don't like paper. We have tried to get rid of it. All of our communications to our other offices are done electronically. There is very little document transfer, so it is the wave of the future for logistics to embrace e-commerce in that fashion. Mr. Webster. Thank you. Thank you, Mr. Chairman. Mr. Duncan. Thank you very much. I am going to go to Ms. Hahn, but I do have to tell you that people used to say that we had to go to all the computers to cut down on the paperwork, and all it has done is greatly increased the papers that come into our offices. Ms. Hahn. Ms. Hahn. Thank you. I really appreciate everyone coming here today and listening to your testimony, and I, too, always want to give a shout out to Chairman Shuster and Ranking Member Rahall for agreeing to impanel us to, as I understand, the first time come up with recommendations for a national freight policy as we move forward. So, I know everyone on this panel is listening very intently to your suggestions and your recommendations as we really try to come up with a national policy, understanding, fundamentally, how important goods movement is to our economy, to being competitive globally, to creating good jobs. So this is really, I think, a great moment in our history as we move forward to create one that makes a lot of sense. And one of the things I was going to ask, and any of you could respond. Should we look at doing something really bold like really start to talk about opening our ports for off-peak cargo movement? I know in 2002, when I traveled to Hong Kong and Singapore and saw those ports operating 24 hours a day 7 days a week, I came back to Los Angeles and spearheaded what has been sort of an incremental program. It's called PierPASS and it has been pretty successful in moving cargo off peak. It is now 4 nights a week, and you know, maybe 1 day on the weekend, maybe not. Wondering how that would impact logistics for all of you if you weren't always trying to meet gates that were only open certain hours, and is that something we should look at as a policy for all of our ports in the country? I would like to hear your responses on that. Mr. Rosser. I will take first stab at that. Thank you for the question, Congresswoman Hahn. So our customers shop our stores 24 hours a day. And what we try to do in every decision we make is we start with what does the customer want, what do they expect, and then we work to solve their need. And as a consequence of our customers wanting to shop 24 hours a day, most of our stores are open 24 hours a day. Ms. Hahn. You know, I will say, Walmart was one of my partners when we were crafting the off-peak cargo movement policy at Los Angeles-Long Beach. Mr. Rosser. Yes, and thank you. And our distribution centers operate 24 hours a day and our trucks are running 24 hours a day, trains are running 24 hours a day, and I would just--I would tell you that to the extent that we can fully utilize the assets that the country has, you know, we are open to those discussions to have, you know, the discussions where we can operate safely and efficiently and fully utilize the great assets that we do have as a country. Ms. Hahn. Thank you. Anybody else? Mr. Fisher. Yes. Thank you, Congresswoman Hahn. I want to congratulate you on the PierPASS program and which you have implemented, but I have to tell you I was terrified by it when I first saw it, but we have adapted, and I think that knowing that ocean transportation is an imperfect science, if many more ports had PierPASS programs and more open gate programs, we would be much more successful in getting product to our customers. I think it is a good idea. Ms. Hahn. Well, you know, it was one of the things I thought about when I worked on that was, again, I mean, obviously I would like to fix every highway, every bridge, widen freeways, more near dock, on dock, I would like to do it all, but in the meantime it seems like we could utilize our current infrastructure more efficiently, smarter, and it would give a lot of the goods movement industry an opportunity to travel our roads when the commuters are also not on the roads. I know that the truck drivers would love to not have us on the road with them because they don't think we know how to drive either, so I think it would, you know, really sort of move cargo, I think, in a more efficient way. The other thing--my time is almost up--you know, I am a big believer in spending the money that we are collecting for the purpose for which it was collected, and the harbor maintenance tax has been collected year after year after year. We have an $8 billion surplus. We are not spending that money for the purpose it was intended, which was to, first of all, dredge our harbors and ports and waterways so that we have, you know, efficient movement of cargo. So, I am advocating that, I have a bill that would encourage us to spend that money and also possibly look at--you talked about the last--the first mile and the last mile. I also think it would be something we might look at if ports have already completed their dredging. Is this money that we could use for landside infrastructure and improvement? I mean, we worry about cargo being diverted to ports in Canada, in Mexico. I have always been told that the number one reason cargo is diverted is not for some new regulation or environmental fee that we place on containers, but it is because of landside congestion. You-all want that stuff in and out and to the destination as quickly as possible. So I would like to hear you give an affirmative to Congress, actually, as part of this policy, spending the tax for the purpose it was intended in the locations that it matters. Please, please, please nod your heads affirmatively out loud for the record. You think that is a good idea that we should? Mr. Hamberger. Yes. Mr. Duncan. All right. Well, thank you very much, and we do need to do more with that harbor maintenance fund. Ms. Hahn. Yeah, we got it. Mr. Duncan. Mr. Hamberger, you mention in your testimony that the railroads are ready to handle the traffic from the expansion of the Panama Canal, and you know, this is my 25th year on this committee, and I can remember many years ago when they thought a 4,000 TEU ship was a pretty big ship, and then they started talking about, they thought an 8,000 TEU ship was huge, and now, of course, they are talking about--it is just mind boggling, the ships they are talking about. So, everything is in this together. I mean, when we were out in California, for instance, Matt Rose told us that his biggest customer now was the Hunt Trucking Company then, and he said a few years ago they were 90 percent trucking, 10 percent by rail. He said today they are 80 percent by rail, and there are other examples like that that I can give. But are there any particular choke points? Are there any places--for instance, all the ports are wanting to expand and so forth. Are the railroads set up to handle big increases from most of these ports or are there particular places where we need to do more? Mr. Hamberger. Well, of course, it is my job to answer yes, we are ready. But in fact it is impossible to predict exactly how the opening of the canal will impact traffic. There are so many factors that come into play, depending on what is being shipped. Is the timeliness of transit the most important thing? Is it the cost? What is the fee at the canal going to be? What will the landside facilities be? Will the ports be dredged? Which ports will be dredged? So it is impossible to predict exactly what the impact will be on the flow of commerce. But what I am trying to get across in my testimony is that our members are in fact investing with ports. I know in Florida, major investment is going on between the State and the Florida East Coast Railway. CSX is trying to make sure that the port in southern Florida is ready; the east coast carriers are spending money to be able to double-stack their tunnels. Tunnels maybe 100 years old weren't designed for double-track or double-stack and so a lot of money is going into that. The intermodal yards that are being built in the center of the country are BNSF's investments out there and Union Pacific's investments on the west coast. So, we hope we are ready, we think we will be, but it is not something that is sneaking up on anybody here. Everybody is trying to be best positioned to handle the flow of commerce wherever it does hit. Mr. Duncan. Well, I guess--and you have covered some of it, but what I guess partly of what I was aiming at was like in southern California we saw that at the ports most things have to be trucked out to where the railroads are, and I am just wondering, are there places, the Panama Canal or other places in the country where we really need to expand the rail capacity or the lines coming in, anything like that? Are there any particular places where you see that we may have a problem in the years ahead? Mr. Hamberger. Well, let me get back to you for the record on that, but just to draw your attention to the fact that again each one of these Class I's has corridors in mind. I would be remiss if I didn't join Mr. Abney in thanking Mr. Lipinski for his leadership on the CREATE project. One-third of all railcars originate, terminate, or transit through Chicago, so that is an area we have been focused on and we need to get that to conclusion. But let me get back with more specifics for you. [The information follows:] As the committee knows, freight railroads fully maintain and develop their transportation infrastructure. As a result, the freight rail industry is among the most capital intensive of any of America's industries, annually reinvesting about 17 percent of its revenue back into capital investments in the rail network. A significant percentage of these expenditures is used to expand capacity to handle more rail volume more expeditiously. Investments considered each year by the individual freight railroads include:Ladding new track to existing right-of- way, such as a second main line; Ladding or extending new sidings on existing right-of-way; Lconstructing new intermodal or transload facilities; Lnew, technology-based expansion, such as signaling dark territory; Lnew locomotives that increase the horsepower capacity of a railroad's fleet. Railroads evaluate a wide variety of factors in making these investment decisions--including present and future traffic demands (as determined by railroads working closely with their customers at ports and elsewhere) and the expected return on their private invested capital. Our Nation's freight railroads are in a good position now, and are working diligently to be in an even better position in the future, to offer the safe, efficient, cost-effective service that their customers need no matter where those customers are, no matter what the freight is, and no matter where the freight is going. America's freight railroads have reinvested $525 billion (including maintenance expenditures) since 1980--including $25.5 billion in 2012--to create a freight rail network that is second to none in the world. If there is any area where railroads could use assistance in developing the infrastructure necessary to support the Nation's growth, it would be in having the ability to have an expedited environmental permitting process particularly as we need to add intermodal and other terminal capacity. Mr. Duncan. OK. All right. Mr. Satterlee, you mentioned the need to reduce chronic delays due to congestion. You got into that pretty much in your testimony. Are there any ways in which you feel we can better allocate or better use our transportation funding to go at this congestion problem a little bit better? I mean, we all know it is there. Then, too, you mentioned that the typical lead time for shipments is only 48 hours. Are there any ways that you know of that, you know, that we could work on that or do anything to help on that? Mr. Satterlee. Thank you, Mr. Chairman. Your question is a very good one. You know, it is challenging to answer when you think about all the different sorts of investments that you could make. You know, we think a little bit about congestion. We think about the supply chain as a whole. It is really about trying to drive as much efficiency and streamlining and simplifying things, you know, as necessary. And so, you know, from an infrastructural standpoint, you know, ways to be able to create opportunities for a more efficient transportation over the road with the asset-based players, you know, to be able to get from point A to point B more efficiently within the regulatory laws, investments in the road systems, all those sorts of things are, I think, have been discussed and are very important. And we think about it from a 3PL standpoint. You know, it is really about creating as much flexibility as you possibly can to be able to make as efficient and drive out inefficiencies by, you know, really decongesting, you know, the flow information and the flow of, you know, the transport of the goods themselves. And so the--you know, the specific things that would help from an infrastructural standpoint, I made a couple of comments, increasing rail ramps and the regulatory laws that may affect or help improve things like shortsea shipping programs, kind of like Congresswoman Hahn was referencing, you know, those things help speed up the infrastructure and the flow of goods. And so, you know, what we see is there is some things that affect both infrastructurally and regulatory that we think that the Government can put a little bit more energy in. Mr. Duncan. All right. Thank you. Mr. DeFabis, tell me about your business. All of you, all of the witnesses today know much more about their businesses than I do, but I know probably the least about your business. And what I am wondering, I am wondering several things, but tell me a little bit about your business. Did you see a big downturn 2 or 3 years ago, and is it coming back now, and what do you see in the future for the warehouse logistics business? Mr. DeFabis. Thank you, Mr. Chairman. Well, in general, I think the warehouse logistics industry in the recent recession did see a downturn. Our particular business, my company is actually in the--80 percent of our revenue is from e-commerce, direct to consumer business, and we held up pretty well during that period of time and continue to see growth based upon the growth of e-commerce. I think more recently the general industry, warehouse-based logistics continues to see good growth because of the increasing reliance of manufacturers and others to outsource their logistics needs, and to concentrate all of their time and effort and capital on the things that are their core competencies and let someone like a warehouse-based 3PL begin to handle the logistics side of it as efficiently as possible. And that is why I think you see more activities being done within the warehouse that were traditionally done at the manufacturers, whether those be sub-assembly work, refurbishments, repackaging kinds of activities, is that the manufacturers are starting to stick to the knitting, so to speak, and let those that are more appropriately placed begin to handle those activities. Also, they can save on the transportation cost. Since you have your products in a warehouse, don't move them from there to somewhere else to be repackaged, redone, then moved back to a warehouse to be delivered to an end customer. Leave them at that point and do as much of these value-added services as you possibly can before you move them out to the end user. But I think the industry continues to be very bright. If you look at the amount of Fortune 100 and Fortune 500 companies that outsource to 3PLs, that is going to continue to grow over time. Mr. Duncan. Well, thank you. Mr. Fisher, you mention in your testimony, you discuss the negative impact of regulations on time-sensitive freight movements, and in another committee on which I serve, a few days ago there was an expert who described herself as a progressive or liberal Democrat who generally is in favor of more regulations, but she said--and I have got the quote here. ``At the time each rule is created, it made sense, but over time, the increasing of rules and regulations ends up costing us money and frustrating the public and destroying jobs.'' And what I am wondering about, are there any specific regulations that you see as especially burdensome? Mr. Fisher. Thank you, Mr. Chairman. My testimony did indicate that we, as an organization, as the Airforwarders Association, along with other associations represented here today, are very concerned with FMCSA's new regulations under the CSA program. As you know, hours of service are going into effect on Monday, CSA is one of many acronyms that we deal with every day. Stands for compliance, safety and accountability, and within the CSA, there is a measurement system that is being promulgated called SMS, which stands for safety measurement system. We are concerned that recent statements by FMCSA stated that is not the case, that it is actually a prioritization system and doesn't have as much to do with safety. The point is, all of us in industry and our customers need to have a clear idea of what Government wants us to do, and there is much confusion about the promulgation of this regulation. In fact, there are a couple of lawsuits pending against FMCSA on this very subject. So that is just a microscopic version of one of the regulations that could add cost, add litigation and slow down the delivery of goods to our customers. Mr. Duncan. All right. Thank you very much. We are going to bring this hearing to a conclusion here in just a minute, but let me just ask you. One of the big things we are discussing here now or about to discuss is the Marketplace Fairness Act, Internet and sales tax. In every article you read, everybody says that we are going to go more and more with each passing year to doing business over the Internet. Well, each of you or some of you tell us what effect you think that will make on your businesses and what it means for our freight mobility and for our transportation system. Mr. Abney. Mr. Abney. Well, we certainly see the e-tailers growing their business quicker than most of the brick and mortar companies. What we are seeing, though, is more and more of our customers that do have that brick and mortar are moving to this omni-channel distribution to where they are looking at how they can utilize their brick and mortar and be able to compete with some of these large e-tailers. A good example of that is a retailer with 100 different stores. If they do have a customer that wants a product that is not in their store, obviously the second choice would be to ship it from distribution into that store and then ask the customer to come back and pick it up. Now, what we see them do is they have total visibility to their systems and they look at which is the nearest store that has that product, and instead of asking the customer to go to that store or shipping store to store, they will ship it from that other store and then the next day be able to deliver it to the customer's house or their residence. That is a way that they are able to compete more with the large e-tailers. And we are seeing a lot of interest in that area, and we are tailoring products and services around that retail part of our business where people can use this omni-channel distribution. Mr. Duncan. All right. Mr. Rosser, you know, I am a big baseball fan, but I have said for a long time that I don't believe the national pastime is baseball. The national pastime is going to Walmart on Friday or Saturday night, and I have found out that that is a really good place to campaign. You may not realize it. I don't set up headquarters there, but if I have some free time, I can always go in to buy some toothpaste or shaving cream and see a lot of people. Tell me how is Walmart--what effect Walmart is going to have if---- Mr. Rosser. First of all, Mr. Chairman, thank you for your business, and we hope you had a great experience at the store, too. I will tell you in conjunction with what Mr. Abney said, it is a rapidly growing segment of business just in general, e- commerce network, and in my testimony I stated that we have over 100 distribution centers. Well, what we are finding is exactly what Mr. Abney said. We have over 4,000 distribution centers when you think about the role of e-commerce in our network to help support our customer needs. In the e-commerce channel, generally what you will find is that customers expect immediacy in terms of response, and from the time they order their product to the time that they want it delivered, but what we are also finding is that customers want a degree of flexibility. There is some items that they do need quickly and there is some items that they can actually wait to get, maybe a little bit longer than today. But what we are trying to do is come up with solutions and a menu that allows us to meet whatever the customer's needs is. And I would just tell you that the solutions are out there in terms of delivering from our supplier through our distribution centers to our stores, what we call site-to-store. We have options out there for our customers so that we can actually order fill from our stores and send product directly to the customer's homes. So there is a variety of different solutions that we are actually testing right now across our entire network. So we are learning each and every day how to meet that customer's needs and I will tell you that we are working with all of our suppliers, our transportation partners to understand how we accomplish that mission to solve that equation for the customer. But it is a rapidly growing opportunity for the American consumer. Mr. Duncan. All right. Anybody else? Mr. DeFabis. I would say that the e-commerce segment is probably one of the fastest and most entrepreneurial segments of the economy right now. E-commerce entrepreneurs are coming up every day and we see them all the time. That is who basically our customers are. I think that what is driving e- commerce is convenience for the customer. Some of it is price. It is selection and being able to shop over multiple vendors conveniently at home on multiple devices is what is driving that. If you want my personal opinion in terms of any impact that an e-commerce sales tax may have, I don't know that that is a big driver of e-commerce sales one way or the other. I think there are other factors that are driving the e-commerce economy. Mr. Duncan. You think that is being somewhat exaggerated, huh? Mr. Fisher, do you have any suggestions on how we could make the TSA or the CBP operations a little more efficient or a little less time-consuming? Mr. Fisher. Thank you for that question, Mr. Chairman. I have been afraid you would ask me that. I can tell you that both of those agencies believe in stakeholder involvement, and as an association the Airforwarders Association has been the go-to association for both TSA and CBP, more recently CBP under different programs, but we have found the private-public partnership with TSA to work very, very well. CBP historically has been known for their sharing of stakeholder information and using stakeholder information to develop programs. We are working currently with other organizations on the ACAS program, which is an advanced cargo air screening program, which is combined authority with TSA and CBP, and that program is coming along quite nicely. I don't have any really other suggestions as far as those two agencies are concerned. Mr. Duncan. All right. Mr. Lipinski. Mr. Lipinski. Thank you, Mr. Chairman. I know that we have some witnesses who have some time constraints here, so I will just be pretty quick here. Projects of National and Regional Significance, which I had mentioned before, do you--I just want to ask all of you, do you believe that it is important that we do what we did in SAFETEA-LU, have such a program and pay for it out of the Highway Trust Fund? MAP-21 had a program for 2013, subject to appropriations. There are no appropriations. It is not authorized for 2014. But this is a way--there is some major projects in the country such as CREATE, but that is not the only one that can only be really--we can only really get completed, I believe, with large sums of money, and they are not going to go through formula funds for the States, they are not going to get it done that way. So does anyone have any thoughts on that, the need for such a program? Mr. Hamberger. Mr. Lipinski, I think you have it spot on. Yes, there is a need for such a program. I don't think you can expect a county in southern California to be able to deal with all the commerce coming through L.A.-Long Beach. You can't expect Cook County to deal with all the commerce coming through Chicago. So there needs to be Projects of National and Regional Significance. Whether or not they are funded in or out of the trust fund is an item that can be discussed, but the concept of recognizing that there are such projects was an important step forward when Congress did take that step. Mr. Lipinski. Does anyone else have any thoughts on that? And I certainly think it needs to be in the trust fund or else we are subject to the whims of the appropriators who aren't likely, just like we saw in 2013, to--it was zero funded there. Just very, very quickly, what I raised earlier, Mr. Fisher, Mr. Abney, the effect of if there are nighttime closures of towers, I don't see how we, right now, avoid doing anything but a CR for next year, so on October 1st we will once again be faced with, you know, FAA is going to have to make cuts, tower closures may again be out there. So how would those nighttime tower closures impact you? Mr. Fisher. Mr. Fisher. Well, closures would likely affect UPS more than members of the Airforwarders Association, but there would be delays for us as well. Any tower closure, regardless of the time of day, is going to affect transportation of air cargo, but particularly nighttime closures would affect the integrators more than forwarders who are putting their shipments on passenger aircraft, although there would be, obviously, some effect on those passenger flights, but our shipments are time critical. We cannot afford any delays, and tower closures anywhere would cause us a problem. Mr. Lipinski. Mr. Abney, you have anything to add to that? Mr. Abney. I do. For UPS, our biggest area of concern by far was Ontario. That is our western United States air hub. We have 27 operations that come in or out of Ontario between 9:30 at night and 7:00 in the morning, and so from the west coast standpoint, it is the most important location we have. It was on the original list as a midnight closure. The FAA adjusted that list. They took Ontario off to our pleasure, but it is something that is an ongoing concern that will it come back and be on the list, and that would far out shadow any of the other facilities that were on that list as far as affecting our customers' packages. Mr. Lipinski. Again, I want to thank all of our witnesses, and we have a unique opportunity with this panel and under the chairman's leadership to really, when we come out with our recommendations that we are asked to do in October, to have a major impact on reauthorization of MAP-21. We know that there is a lot that has to be done, and so I thank you for your testimony here today. Mr. Duncan. Well, thank you very much. I will just close with this. I just, you know, for many years we had so many countries that were just completely underdeveloped. We had many, many other countries that were under the thumb of communism or socialism and we really didn't have much competition throughout the world. Now, you know, I have traveled all over the world and I remember, been to Vietnam a couple of times, and boy, they are just going gangbusters. I mean, you want to start a business over there, you just go out and start it, and it is a little bit harder to really let the free enterprise system work the way it could in this country, but we are going to have to. We have got much more competition now from all over the world than we ever had in years past, so we have got to do more, we have got to do better, we have got to be constantly seeking ways to improve, and we have to do that in all areas, but particularly in this area in regard to freight mobility, and so that is what we are trying to do with this panel. And I appreciate all your testimony, your suggestions. If you think of other things that you think we need to know about or take a look at, you certainly can submit that to our staff. But that will conclude this hearing. Thank you. [Whereupon, at 3:00 p.m., the subcommittee was adjourned.]