[House Hearing, 113 Congress] [From the U.S. Government Publishing Office] PERSPECTIVES FROM USERS OF THE NATION'S FREIGHT SYSTEM ======================================================================= (113-36) 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 __________ OCTOBER 1, 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 85-021 WASHINGTON : 2014 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Printing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202�09512�091800, or 866�09512�091800 (toll-free). E-mail, [email protected]. 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 Tom Kadien, Senior Vice President, Consumer Packaging, IP Asia and IP India, International Paper.............................. 4 F. Edmond Johnston, III, Transportation Policy Leader, DuPont.... 4 Rob Roberson, Materials and Logistics Manager, Nucor Steel Berkeley--a Division of Nucor Corporation...................... 4 Bill J. Reed, Vice President, Public Affairs, Riceland Foods, Inc............................................................ 4 PREPARED STATEMENTS SUBMITTED BY WITNESSES Tom Kadien....................................................... 39 F. Edmond Johnston, III.......................................... 44 Rob Roberson..................................................... 51 Bill J. Reed..................................................... 55 SUBMISSIONS FOR THE RECORD Bill J. Reed, Vice President, Public Affairs, Riceland Foods, Inc.: Slide component to prepared statement........10, 12, 14, 16, 18, 20 Response to infrastructure funding and bridge maintenance questions from Hon. Corrine Brown, a Representative in Congress from the State of Florida......................... 29 Tom Kadien, Senior Vice President, Consumer Packaging, IP Asia and IP India, International Paper, response to request from Hon. John J. Duncan, Jr., a Representative in Congress from the State of Tennessee, for specific suggestions to modernize and increase the competitiveness of the U.S. freight network....... 36 ADDITION TO THE RECORD Edward R. Hamberger, President and CEO, Association of American Railroads, written statement, including prepared statement from the June 26, 2013, hearing of the Panel on 21st-Century Freight Transportation................................................. 60 [GRAPHIC] [TIFF OMITTED] T5056.001 [GRAPHIC] [TIFF OMITTED] T5056.002 [GRAPHIC] [TIFF OMITTED] T5056.003 PERSPECTIVES FROM USERS OF THE NATION'S FREIGHT SYSTEM ---------- TUESDAY, OCTOBER 1, 2013 House of Representatives, Panel on 21st-Century Freight Transportation, Committee on Transportation and Infrastructure, Washington, DC. The panel met, pursuant to call, at 2:02 p.m., in Room 2167, Rayburn House Office Building, Hon. John J. Duncan, Jr. (Chairman of the panel) presiding. Mr. Duncan. We will go ahead and call this meeting to order here. And I apologize for the delay, but as everyone can understand, everybody's schedule has been changed. And on the Republican side, we are having a conference at this time that Mr. Hanna and I have been a part of. But we won't have as many Members, I don't believe, as we usually do at these hearings, but we are certainly honored to have our distinguished panel here. And I want to welcome everyone to this hearing before the Panel on 21st-Century Freight Transportation of the Committee on Transportation and Infrastructure. This special panel was created at the request of Chairman Shuster and Ranking Member Rahall of the full committee to examine the current state of freight transportation in the United States and how improving freight transportation can strengthen the U.S. economy. As everyone knows, we have a lot of competition from around the world that many years ago we didn't have. And we have always got to be looking at ways to do more and do it better and more efficiently, if we are going to remain globally competitive as all of us want. The purpose of this panel, of course, is to modernize the freight network and, as I said, make the U.S. more competitive. We have been working hard toward this goal, and we plan to issue our report to the full committee by the end of this month. The purpose of today's hearing is to hear from those who are actually producing and growing the goods that are shipped on the Nation's freight transportation system. The manufacturing and agriculture industries represent almost one- fifth of the Nation's annual gross domestic product. Both of these industries rely on a highly functioning, efficient, and safe freight transportation network. For manufacturing and agriculture businesses to be successful and remain competitive with international competitors, we must maintain and improve our infrastructure to keep pace with growth in these very important sectors. I am glad that we have this opportunity to discuss the specific freight transportation needs of these two parts of our economy. We have an excellent panel of witnesses before us today. I am confident that they will be able to help us understand the unique freight transportation challenges facing urban areas and how those issues impact the rest of the Nation. We have Tom Kadien, who is the senior vice president for consumer packaging at International Paper; Eddie Johnston, who is the sustainability manager at DuPont; Rob Roberson, who is materials and logistics manager at Nucor Steel Berkeley; and Bill Reed, vice president of public affairs for Riceland Foods. Four very important companies. I thank the witnesses for being here, and I look forward to your testimony. I now recognize Ranking Member Nadler for his opening statement. Mr. Nadler. Thank you, Mr. Chairman. And Mr. Chairman, thank you for scheduling this hearing to hear testimony from major manufacturing and agriculture industries that rely on the Nation's freight transportation system to move their goods to market. Whether transporting steel, rice, chemicals, or paper, each of our witnesses today will testify about the importance of a safe, efficient, and reliable freight transportation network to their business's ability to remain competitive and successful in the global marketplace. We will learn of the logistics analysis that these businesses use to determine which mode of transportation is best for their bottom line and long- term growth. Our witness testimony on the importance of rail to DuPont's $500 million investment in Charleston, South Carolina, and barge transportation to Riceland Foods at New Madrid, Missouri, on the Mississippi River illustrate the critical role that infrastructure plays in the growth of these businesses. These businesses and the United States more generally continue to reap the benefits of past infrastructure investments. However, these industries recognize that the Nation's current failure to invest adequately in our Nation's infrastructure is ceding our advantage for our global competitors. A recent survey of U.S. manufacturers found that the Nation's infrastructure is not keeping pace. According to this survey, 70 percent of manufacturers believe that our infrastructure is in fair or poor shape and needs improvement, 65 percent do not believe that our infrastructure's position to respond to the competitive demands of a growing economy over the next 10 to 15 years, and none of the manufacturers surveyed believe that our freight infrastructure is in good shape and needs no improvement. With freight transportation measured by tonnage expected to increase by 88 percent by 2035, it is clear that the crisis facing our freight transportation network will worsen unless we begin to make the necessary investments in our infrastructure to ensure safe, efficient, and reliable transportation and to enable these major industries to continue to compete and grow. Finally, I hope the irony is not lost on my colleagues that these witnesses are testifying about the importance of the Federal Government in the middle of a Republican Government shutdown. These witnesses discuss the importance of the Army Corps of Engineers and the Service Transportation Board while those agencies are now shutting down because of the Republican leadership's insistence on stopping the Affordable Care Act at the expense of everything else. This committee has been one of the brightest spots in this Congress, working together in a bipartisan manner again including on this panel. But all of the work of this committee will be for nothing unless these political shenanigans stop and we get back to doing the business of the American people. I would like to thank the witnesses for coming here today under difficult circumstances. I look forward to your testimony and hope that some day, perhaps hopefully soon, the Government will not just reopen but will return to creating jobs and investing in infrastructure upon which you and we all rely. I thank you and yield back the balance of my time. Mr. Duncan. Thank you very much. I understand Mr. Crawford wants to further introduce one of our witnesses. And, Mr. Crawford, you have the floor. Mr. Crawford. Thank you, Mr. Chairman. It is my honor to introduce vice president of corporate communications and public affairs of Riceland Foods, Bill Reed. Riceland is probably the most important farmer-owned cooperative in my district, providing marketing services for tens of thousands of farmers in Arkansas and throughout the rice-producing region. Bill has a distinguished career entirely dedicated to American agriculture. He started at Riceland more than 30 years ago, and Riceland's success can be attributed in large part to Bill's leadership. Riceland not only markets agricultural products all over the country, but throughout the entire globe. It goes without saying that freight transportation is a critical aspect of getting agricultural products to market. And I look forward to Bill sharing his story about the success of Riceland and the need for improvements to freight infrastructure so that American agriculture will continue to lead its competitors in a global economy. Mr. Duncan. Thank you very much. Mr. Lipinski, you have any statement? Mr. Lipinski. I am looking forward to hearing the testimony of--of all our witnesses today. Again, thank the chairman and ranking member for putting together this--this hearing. It is certainly important to hear from those who are--who are doing the--the shipping, about what needs to be done. We all know it--what it really comes down to in the end is how are we going to pay for this. We know that we certainly need the--the investment. So if--I know that is not specifically the topic here, but if any of our witnesses want to address that in their opening statements, I would certainly appreciate that because that is what we are all here struggling with. But that is it. Thank you and yield back. Mr. Duncan. Thank you very much. Mr. Hanna. All right. Ms. Hahn. Ms. Hahn. Thank you. Thank you, Mr. Chairman. Looking forward to the testimony of our witnesses. Thanks for being here. You would think with this Government shutdown we might shut down this air conditioning a little bit. Mr. Duncan. Thank you. Mr. Webster. Mr. Webster. Thank you, Mr. Chairman. Just glad you are having this hearing and look forward to hearing what everyone has to say. Have questions later. Mr. Duncan. Thank you, Mr. Mullin. Mr. Mullin. Thank you. And thank you, panel, for being here. Unfortunately, you are here at a, I would think a pretty historical time. But we do have something important facing us, and that is our infrastructure needs. We all know to keep this country moving forward, of course, it takes Government to put-- you know, move forward, but at the same time it is our infrastructure. And I think it is a great opportunity that we have to get true opinions, bipartisan approach that we are going to move the ball forward. I think T&I has shown that they are willing to do that. And Chairman Duncan has done a wonderful job putting this panel together. So, as I would say, let's roll and let's get this thing moving forward. Mr. Duncan. Thank you very much. Previously, in my opening statement, introduced the very distinguished panel that we have, and so we will start with our first witness, Mr. Tom Kadien of International Paper. Mr. Kadien. TESTIMONY OF TOM KADIEN, SENIOR VICE PRESIDENT, CONSUMER PACKAGING, IP ASIA AND IP INDIA, INTERNATIONAL PAPER; F. EDMOND JOHNSTON, III, TRANSPORTATION POLICY LEADER, DUPONT; ROB ROBERSON, MATERIALS AND LOGISTICS MANAGER, NUCOR STEEL BERKELEY--A DIVISION OF NUCOR CORPORATION; AND BILL J. REED, VICE PRESIDENT, PUBLIC AFFAIRS, RICELAND FOODS, INC. Mr. Kadien. Thank you, Chairman Duncan and all the other committee members. I am Tom Kadien. Mr. Duncan. Get a little closer to the mic. Mr. Kadien. My name is Tom Kadien. I am a 35-year employee of International Paper and a senior vice president. And I am responsible for our consumer packaging businesses here in North America as well as our Asia business, our India business, and our North American transportation organization. IP is the largest paper and packaging company in the world. We have 70,000 employees around the world, and here in the United States, we have 38,000 employees who work at over 300 facilities in 43 States. And many of the members of this committee have district--excuse me, have International Paper facilities in your districts. I know a number of you have visited, and you are all certainly welcome. IP is a leader in--of major consumer of freight and logistics here in North America. We spend about $2 billion. We are the number one shipper of boxcars on the rail system. We export almost 4 million tons of product outside of North America. Two million tons goes out in containers and over a million goes out breakbulk. So ports are very important to us. And we also ship products over 155 million miles around the North America system by truck. So we are here to ask for your help in addressing the freight transportation needs here in North America. I am going to cover two areas of competitiveness for truck and ports. I am not going to talk about rail, but we--it is very important to us, and I know some of my colleagues on the panel will. Paper is heavy. Our trucks typically weigh out before we cube out. And with 300,000 trucks going over the road, it does not make a lot of sense to us to ship trucks with 10 feet of empty space when there are safe alternatives to increased truck--truck weight here in the United States. So we are here to--I am here to talk about SETA, the Safe and Efficient Transportation Act, which would allow trucks with a sixth axle and braking system to increase the truck weight up to 97,000 pounds at the option of the States on interstate highways. That would enable us to take about 20 percent of our trucks off of the road as well as make us more competitive. International Paper, like my colleagues at DuPont, safety is very, very important to us. And the research supports that 97,000-pound trucks equipped with a sixth axle and brake system stop in the same distance as an 80,000-pound truck with five axles. This has been proven over years in the U.K., it has been studied here in the United States. And shippers like IP are willing to pay higher over-the-road fees. Annual permits can go up from $550 per truck per year to $800 per year, per truck. And we would gladly pay that if we could use the full capacity, to safely use the full capacity of the trucks. I will give an example. For our mill in Valliant, Oklahoma, in Representative Mullin's district, if the Oklahoma DOT opted in, we could reduce our truck trips by over 5,000 trucks a year, reduce vehicle miles by 1.8 million miles, and CO2 emissions by 6.8 million pounds annually. So we are very much in favor of this. It is not a rail- versus-truck issue. Those are two different fact patterns. Trucks are for, in our case, under 400 miles; rail averages over 800 miles. So we simply want to make trucking more competitive. I would like to move on to the issue of cargo going out of ports. We ship 70 percent of our exports out of the ports of Charleston and Savannah. And in 2015, the Panama Canal will be reopened and be able to handle wider ships. And both of these harbors have to be dredged to accommodate the draft of the larger ships, they have to pick up an extra 3 to 7 feet. Both are important to us, with over 2 million tons. If we cannot use these harbors, we are going to have to put product on rail and truck and ship further, either to Miami in the south or Norfolk in the north. And harbor deepening is important to the health of the U.S. economy as well as the movement of goods. And it is important to industry who wants to export out of the United States. So we urge the panel to support the harbor dredging projects at those ports. And that is it for me, Chairman Duncan. Mr. Duncan. Well, thank you very much. And let me just ask you, I was told that you pronounce your last name Kadien, but sounded like you said Kadien. Mr. Kadien. My mother said Kadien, yes. Mr. Duncan. Well, I like to try to get people's names as close as possible. Thank you very much. Next, we will hear from Mr. Edmond Johnston from DuPont. Mr. Johnston. Good afternoon, Chairman Duncan and Ranking Member Nadler. My name is Eddie Johnston. I have worked for DuPont for 33 years, the first 8 of which were in the State of Tennessee, where two of my children were born. I am here to testify today on behalf of DuPont, a leading science company, and as a member of the American Chemistry Council. I appreciate the opportunity to appear before you today. DuPont has been bringing market-driven science to the global marketplace in the form of innovative products, materials, and services since 1802. The company serves markets as diverse as agriculture, electronics, automotive, aerospace, and defense. DuPont operates more than 70 manufacturing facilities in the United States, and employs thousands of Americans while purchasing $550 million in transportation services each year. The chemical industry employs 800,000 Americans and produces 12 percent of U.S. exports. The chemical industry and its associated suppliers are major users of our Nation's freight system and some of the largest customers for many modes of transportation. The industry ships a wide variety of materials that are used to produce more than 96 percent of all manufactured goods. I would like to address three critical freight transportation issues. First, funding for infrastructure. Much of our transportation infrastructure is old. If America's manufacturers are to continue to move goods safely and reliably over the country's freight infrastructure, upgrades are sorely needed. I want to thank this committee for the work you did to pass the Water Resources Reform and Development Act. I commend you for addressing a major transportation issue. I appreciate that this is an era of tight budgets with competing priorities. But a robust and reliable transportation infrastructure is the cornerstone to healthy U.S. economy. Second, hazardous materials transportation. A small yet important share of chemical shipments involves hazardous materials. According to the Association of American Railroads, rail HAZMAT accident rates have declined 91 percent since 1980 and more than 99.99 percent of rail HAZMAT shipments reached their destination safely. However, DuPont and ACC members acknowledge that even one incident is too many. And our industry is committed to continuous improvement. Working with our transportation partners, DuPont and ACC member companies have invested billions of dollars to improve safety, and we will continue to do so in the future. ACC and its member companies also have worked hard to establish a strong partnership with the emergency response community. The Federal Government continues to play an important role through the Hazardous Materials Transportation Act. This legislation has been extremely effective in establishing uniform national rules. Reauthorization of the Act will ensure that important progress continues. Third, rail policy reform. Congress last undertook comprehensive rail legislation 33 years ago with the Staggers Act. In 1980, America's railroads were struggling to maintain a viable business, and the Staggers Act has been effective in helping the industry not only survive but thrive. In fact, the policy embodied in the Act has been so successful that the question in 2013 is not whether America will have a viable transportation system, but whether that system will threaten the competitiveness of the railroad's customers and become an inhibitor of economic growth. An unintended consequence of the Staggers Act has been virtual elimination of rail-to-rail competition. Chemical producers report that 73 percent of their facilities with inbound and 65 percent with outbound transportation are captive shippers, meaning they are only served by one railroad. Our industry is not asking for more regulation of the rail industry, but for more robust competition in the rail industry so that American farmers and manufacturers are more competitive on the world stage. It is time to re-examine decades old policy to meet the needs of the 21st century. In conclusion, I respectfully request that the panel consider the following recommendations: First, Congress should support improvement of our Nation's transportation infrastructure. Second, Congress should reauthorize the Hazardous Materials Transportation Act. And, third, Congress should reform Federal rail policy to promote greater access to rail competition and improve the efficiency and effectiveness of the surface transportation board. Thank you again for the opportunity to speak today. Mr. Duncan. Thank you very much. Next we have Mr. William Roberson from Nucor Steel. Mr. Roberson. Mr. Roberson. Chairman Duncan and Ranking Member Nadler, thank you for the opportunity to testify before you today. I am William Roberson, materials and logistics manager for Nucor Steel Berkeley, a division of Nucor Corporation. Nucor Corporation is the Nation's largest steel manufacturer and recycler, operating 23 scrap-based steel mills. Nucor has the capacity to produce more than 27 million tons of steel annually. Last year, our company recycled more than 19 million tons of scrap steel. Nucor also has several wholly owned subsidiaries, including Harris Steel, the David J. Joseph Company, and Skyline Steel. Together we are a company of over 22,000 teammates, primarily in the U.S. and Canada. The freight transportation system is vitally important to Nucor's success. We rely on water, rail, and truck transportation to move millions of tons of scrap steel and other raw materials to our steel mills and finished products to market. For this reason, disruptions in the freight transportation system can have significant negative economic impacts on our business. Waterways play a particularly important role for a number of our Nucor divisions. We have several steel mills located on rivers, and some of these mills bring in more than 90 percent of their raw materials by river. Nucor scraps steel business, the David J. Joseph Company, transports approximately 3,500 barges per year of scrap steel. When assessing our waterways system, we believe that more frequent maintenance dredging is needed to maintain adequate drafts. Unfortunately, inadequate drafts levels are becoming an all too common occurrence. For every 1 inch decrease in draft, you lose 17 tons of cargo on a barge. This forces companies like ours to use more costly alternatives. Barges are a safe, efficient, environmentally friendly, and cost-effective way to move goods. Each barge moves 15 to 1700 tons of cargo compared to 80 to 100 tons on railcars or 20 to 22 tons on trucks. Considering the importance of our waterways system, we are encouraged to see both Houses in Congress advance the Water Resources Development Act. Nucor supports this legislation, particularly dedicating more revenue in the Harbor Maintenance Trust Fund for the purpose of maintaining our Federal navigation channels. We hope that Congress will also strengthen revenues for the Inland Waterways Trust Fund to make necessary investments in this critical component of our U.S. supply chain by advancing the industry-supported user fee increase. Like our waterways, our roads and bridges are in serious need of investment. The Interstate Highway System, built after World War II, is aging, and we need a new, long-term commitment to invest in our roads and bridges. The gas tax is not providing adequate revenue to further this goal. We need to look for new alternatives, including more public-private partnerships. Also enacting legislation giving States the option to increase the weight of six-axle trucks operating on select Federal interstates would allow more cargo to be moved safely and efficiently over our Nation's railways. With regard to our Nation's rail system, the biggest challenge that we face is that we are served by a single major railroad. Several Nucor facilities are captive shippers in that they pay a premium to move their products because of the lack of rail competition. In recent years, the rail industry has seen significant private investment. However, these investments are often passed on to the rail industry's customer base, resulting in higher premiums and costs for our captive shippers who are still without the ability to choose which rail carrier we use. We cannot pass these increased costs on to our customers. We have to absorb them because we compete in a steel market that is being flooded with illegally subsidized foreign products that are often already sold below cost. While it is true that we have the ability to use less costly modes of transportation, it is not always feasible logistically. Given these circumstances, we support action to address the need for more rail competition for rail service in many parts of the country. The creation of this special panel acknowledges that our freight infrastructure works collectively as one system. We cannot look at each in isolation. Businesses across the country rely on all modes of transportation working together to get products to market. Keeping American businesses globally competitive requires investment in the entire system. Businesses succeed when there is certainty. We can create certainty by providing the proper funding for maintenance and much-needed upgrades. We must also streamline the permitting system so projects do not drag on for years in endless reviews. For example, we support legislation that would exempt routine highway safety and transportation upgrades that already exist within the current right-of-ways from costly Federal permitting requirements. As the National Association of Manufacturers recently noted, manufacturing produces 12 percent of America's GDP, but the U.S. is only investing about 1.7 percent of our GDP back in infrastructure. Many of the countries we compete against are investing between 5 to 10 percent of GDP in their infrastructure. In short, others are modernizing while we are struggling to maintain a failing system that is decades old. However, with the proper investment and governance, we can give American businesses the tools they need to remain globally competitive. Thank you. Mr. Duncan. Thank you very much, Mr. Roberson. Next we have Mr. Bill Reed of Riceland Foods. Mr. Reed. Thank you, Mr. Chairman and members of the panel. I appreciate the opportunity to offer our perspective on the freight transportation system. I am Bill Reed, vice president of public affairs at Riceland Foods, a cooperative of family farmers headquartered at Stuttgart, Arkansas. U.S. rice is produced in three primary areas: California; the Texas and Louisiana Gulf Coast; and the Midsouth, which includes parts of Arkansas, Missouri, Mississippi, and Louisiana. [Slide 1 follows:] [GRAPHIC] [TIFF OMITTED] T5056.004 And, we do have 600 to 800 acres of rice in west Tennessee, Mr. Chairman. [Slide 2 follows:] [GRAPHIC] [TIFF OMITTED] T5056.005 Half of the Nation's rice crop is produced in the Midsouth, where farmers plant about 1\1/2\ million acres each year. After struggling to find a viable market, a group of farmers met in Stuttgart in 1921 to form a co-op to market their rice. Riceland farmer-members today number about 6,000 and account for about half of the rice produced in the Midsouth. [Slide 3 follows:] [GRAPHIC] [TIFF OMITTED] T5056.006 Each fall, Riceland members harvest their crops and deliver them to local grain elevators, where the crops are dried and stored until transported to processing facilities for milling and packaging. Storage facilities are scattered throughout the region, as are our processing facilities, which are indicated by the red stars on the map. Riceland is the largest rice miller and marketer. The co-op also markets soybeans, corn, and winter wheat that our farmers produce. Each year we handle 100 to 125 million bushels of grain. Our rice products are sold across the country in retail and club stores and to food service establishments and food companies. Riceland is a direct exporter, selling rice to 50 foreign destinations. In our last fiscal year, we moved more than 9 billion pounds of products, commodities, and supplies. We did this with nearly 140,000 truck and intermodal shipments, 6,300 rail shipments, more than 1,000 export containers, and more than 200 river barge loads. With the Nation's focus on a fresh, safe, and abundant food supply, we must have a reliable and efficient transportation system. I know members of the committee and this panel are well aware of the challenges of maintaining our Nation's highway system. So are Arkansans. In 2011, Arkansas voters supported a $575 million bond program for interstate improvements. And in 2012, they approved a half cent sales tax to fund $1.8 billion in additional highway improvements. Of course, these efforts aren't enough. It was reported in September that 156 bridges in Arkansas had been found structurally deficient. Many are in east Arkansas where our Riceland farmers grow food. Railroads focus on long hauls now, and they are certainly important to us. We ship railcar loads of rice all over the country and unit trains of wheat to Mexico. River transportation is critical to our export business. [Slide 4 follows:] [GRAPHIC] [TIFF OMITTED] T5056.007 Our New Madrid, Missouri, facility, on a good day, can receive rice from our farmers, mill the rice, and convey it directly to a barge for shipping down the Mississippi River. In 2011, however, flood waters on the Mississippi made it impossible to load barges. [Slide 5 follows:] [GRAPHIC] [TIFF OMITTED] T5056.008 In fact, water was within a foot of entering the processing facility. In 2012, and again this year, it is a whole different story. [Slide 6 follows:] [GRAPHIC] [TIFF OMITTED] T5056.009 With silt naturally flowing into the harbor and displacing water, we can load less rice into each barge. The harbor now looks more like a mud puddle than a harbor. The New Madrid harbor is not scheduled to be dredged this year. We expect low water levels in the harbor next summer to eliminate practically all of the economic benefit of using the facility for bulk barge shipments. We export from that facility to the Caribbean and will be under pressure from suppliers of rice out of Asia to fill those orders. I have one more example. As corn harvest was underway in early August last year, we had thirty 18-wheelers carrying corn scheduled to unload directly into barges at the Port of Yellow Bend, Arkansas. Then we learned that silt had filled the harbor, making it unusable. The dredge was heading from upriver at Rosedale, Mississippi, down to Lake Providence, Louisiana, without stopping at Yellow Bend, Arkansas. Building temporary corn storage and forfeiting sales contracts would have cost our Riceland farmers at least $1 million. As many as 200 farm families would have been impacted, 15 port employees would have lost their jobs, and the port would lose $500,000 in revenue. Thanks to Congressman Rick Crawford and Senators John Boozman and Mark Pryor of Arkansas, the Army Corps of Engineers redirected the dredge to Yellow Bend. In just a few days, the harbor was open and those corn barges were filled. I share these examples to illustrate the importance of keeping all segments of our transportation system, highway, railroads, and rivers operating in efficient and effective manner. The U.S. transportation system is critical to U.S. competitive advantage in moving agricultural and food products across the country and around the world. It benefits every American. And I appreciate the panel's focus on this important issue. Mr. Duncan. Well, thank you. I want to thank all of the panel for a very helpful and informative testimony. And let me say, I mentioned earlier that we are in sort of an unusual situation here. It is a very busy day for everyone. And so I am amazed that--and very pleased that 9 of the 11 members of this panel are here at this point. And I know several probably have to leave shortly. The first one that has told me that he needs to leave is Mr. Mullin. By he wants to ask a question before he goes, so I will go to Mr. Mullin. I yield to Mr. Mullin at this time. Mr. Mullin. Thank you, Chairman. And I will try not to take up my whole 5 minutes so I can be respectful to everyone else's time. What I want to focus on is the truck weights. Tom, you and I have had an opportunity to visit a little bit about this. And this is something that is pretty close to my heart, considering I got a CDL in my back pocket. I was driving just not too long ago--I mean, when I say not too long ago, in the last few weeks--had to go through the whole poke and prod, get my medical card. That is an embarrassing situation. But I had to go through that process because its required. And now we are talking about something else. And increasing truck weights. And obviously the more trucks we can take off the road, honestly, the safer it is. But how are we going to be able to go past one concern from FMCSA and move forward on the truck capacity weights? We have talked about direct routes, we have talked about the placement of where the sixth axle should be. And, Tom, I would like to get kind of your perspective of where we are going with this and then also understand that I truly believe that this is a State's issue, not a Federal issue, this is a State's issue. I don't think we need the Federal Government stepping in any farther than what they already have over States rights. So, Tom, I am going to throw that question out to you then we will have a conversation, hopefully. Mr. Kadien. Sure. Thank you. I couldn't agree more that it is a State's issue. And that is what we are advocating and what SETA's all about is to give States the choice to opt in. And they can opt in on some or all or none of the interstate highways in their State. So the idea is that they will pick the roads that make the most sense, that would make the best utilization of the heavyweight trucks and be the safest for that State. You know, the law is written so that it doesn't dictate whether the axle goes on the front or the back. To me, that is where the State DOTs have to weigh in on what they want to do in their particular locale. Mr. Mullin. Which this is something that I have interjected in before, is that right now the discussion is putting it on the trailer if we were to increase the weights. As a driver, I can tell you the first place typically you lose brakes is on the trailer. So if we are talking about safety here, we would-- and my opinion, Chairman, we would be--need to be talking about moving that underneath the rig itself. Not to mention we had the capacity there to build a--raise that axle when we are not needing it, when we are able to bring it off the ground. But when we are really talking about stopping, I would say--I don't know the statistics, but I am just going to go by my own self, 90 percent of the time if I were to lose brakes it would be on the trailer. Mr. Kadien. And I--I don't have my license. I am not going to take issue with anything you said. I will say on the statistics, the State of Maine has done a pilot and the statistics say that there are fewer fatalities since they have gone to a sixth axle allowing up to 97,000 pounds. The U.K. has got this. This is not a new issue. We have 15 States that allow heavyweight trucks on 5-axle configurations right now. And this gives the States the right to configure those trucks, to configure which roads are on or not allowed to do this in their Interstate Highway System. In the U.K., over a 5-year period, fatalities were down 35 percent. So I think I should let the engineers decide where the load--based on where the load is in the truck, where the axle belongs. But it has been proven to be a safe way to make trucking more efficient. Mr. Mullin. Right. And just to clarify, with me wanting to see the States have an opinion on this, once again I am going to refer back to the fact that I drove these trucks and I have hit the exits that I shouldn't have hit. And if we do this as a Federal--we let the Federal Government come in, and let's say they do raise them. And you are driving down the interstate and you hit an exit by mistake. I mean, all of us have taken wrong turns. I know most of us guys, we wouldn't admit to it, but truth is it is true. But you hit the exit and all of a sudden you find yourself on a county road. It is not easy to turn these things around. And the States know their systems better than the Federal Government does. I understand what the opposition is about this too. But the fact is that if we are really going to listen to what FMCSA says, and they are fine the word of ``safety,'' then the best way to do that is to look at the truck weights, understand that that actually works, work with intermodal system, work with the rail, work with the ports, and find out what is the best option. If one of those options--Tom, and you and talked about--was having a direct route, like they to in Louisiana. Where it is a designated route if we want to take product from point A to point B. So, Chairman, I appreciate the opportunity that you have given me. And thank you for jumping over to me because I know I am the bottom of the barrel here. Mr. Duncan. Thank you very much. Mr. Nadler. Mr. Nadler. Thank you, Mr. Chairman. Mr. Roberson, in your testimony, you specifically support a user fee increase for the Inland Waterways Trust Fund to make the necessary investments in this critical component of our U.S. supply chain. You are a shipper advocating for an increase in fees that you will have to pay. Could you explain why it is important to your business for the Inland Waterways Trust Fund to have more revenue, why you are willing to pay a larger fee? Mr. Roberson. Yes, sir, Mr. Nadler. We just feel that at Nucor, the return on that additional cost far outweighs whatever liabilities will be associated. Mr. Nadler. I can't hear you. Is what? Mr. Roberson. I apologize. Can you hear me now? Yes, sir. We at Nucor are willing to support the increase, even if it means an increase in our costs because of the return is reasonable and provides value to our company. Mr. Nadler. OK. Thank you. Mr. Kadien, in your testimony, you advocate for dramatic increase in truck weights to 97,000 pounds. Now, we know that interstate bridges cannot withstand the stress that 97,000 pounds will cause, even with the addition of a sixth axle. These trucks will accelerate the depreciation of and further worsen the condition of our Nation's bridges. Your testimony mentions a mill in Valliant, Oklahoma. I would like to recall comments made at a field hearing in 2011 by Oklahoma DOT Secretary Ridley and former Oklahoma Secretary McCaleb. They each made the point that we must proceed with caution in higher truck weights because the potential damage to bridges. To quote Secretary McCaleb, ``No matter how many axles you put under that essential point, loading will increase the stress repetition and the rate of stress repetition and will reduce the life of the bridge. I am an advocate of heavier loads,'' he said, ``but you have to design for those heavier loads. You can't just superimpose those heavier loads on a system that wasn't designed for them.'' According to the Federal Highway Administration, Oklahoma has 5,382 bridges that are structurally deficient. Do you dispute the fact that heavier trucks will cause accelerated damage to bridges? Mr. Kadien. Absolutely don't dispute that. And that is why this is really a States rights issue. It is for the States to decide which roads and which bridges will handle the 97,000 pounds. Mr. Nadler. So you agree that it will--it will increase the stress to bridges, and that you think it is a State's issue? Mr. Kadien. I think the bridges have to be designed for the 97,000-pound weights. Mr. Nadler. But the existing bridges haven't been designed. So you only allow this on new bridges? Mr. Kadien. Not in all cases. In the cases you have identified, that is probably the case. But, you know, in the State of Maine, they found no evidence of bridge fatigue or steel fatigue due to the heavier weight trucks. That is why I think it depends, really is a States rights issue. Mr. Nadler. Do you believe--let me just comment. I find it very difficult to accept that any of these questions are primarily States issues, given the fact the Federal Government spent--paid 90 percent of the cost of the construction of the interstates and pays a very large proportion of the ongoing maintenance costs of the interstate. So I think it is certainly a Federal as well as a State's issue. Now, do you believe the citizens of Oklahoma and elsewhere across the country are willing to accept the risk that heavier trucks pose to these already troubled bridges, most of which in the country were not designed for 97,000 pounds? Mr. Kadien. I don't believe any State should accept higher risk associated with the 97,000--97,000-pound limit, no. If there is a risk, we shouldn't be doing that. Mr. Nadler. So you think that the 97,000-pound truck should only be allowed on bridges specifically designed for 97,000- pound trucks? Mr. Kadien. Yes. Mr. Nadler. OK. What percentage of the bridges in the United States were specifically designed for 97,000-pound trucks? Mr. Kadien. I don't know the answer to that question. Mr. Nadler. It is rather small, I would assume. Mr. Kadien. Thank you. Fifteen States allow the heavyweight trucks right now. Mr. Nadler. But the fact that a State follows a foolish policy doesn't mean that we should. Because I asked what percentage of the bridges were specifically designed for 97,000 pounds. Now, in the--the truck safety study in Vermont, the pilot study shows that applying Vermont truck weight added to the national average cost, it was determined that a fully loaded 80,000-pound, five-axle combination truck incurs 21.5 cents of pavement cost per mile on the interstate system and 32.9 cents per mile on other highways. A typical 99,000--this is 99, not 97, but I don't know that there is much difference--a typical 99,000-pound, six-axle pilot vehicle requires pavement expenditures of 34\1/2\ cents per mile of travel on the interstate system compared to 21\1/2\ cents for 80,000 pounds, and about 53.6 cents per mile of travel on noninterstate roads. In other words, this is about 63 percent more per vehicle mile and 32 percent more per ton-mile than a fully loaded five-axle vehicle. Do you think that we should up the--the 97,000-pound truck should pay a 34\1/2\ cents--I am sorry--a 63-percent more tax than an 80,000-pound vehicle? And if not, why not? Mr. Kadien. Mr. Nadler, I am not familiar with the study. But, no, I don't think so. Mr. Nadler. Well, if you are not familiar--why--assuming the study is correct, assuming that the cost imposed on the roads is 63--just is 63 percent more than--than an 80,000-pound vehicle, then why shouldn't they pay a 63-percent higher tax, if that is--if the underlying fact were to be correct? Mr. Kadien. I understand your point. But I don't believe that--I don't understand the basic premise of why it would be so much more expensive if the weight is more evenly distributed on the 97,000-pound truck. Mr. Nadler. The study in Vermont, which you say you are unfamiliar with, which I assume you are unfamiliar with, says it is. Let's assume for the sake of argument that the study is correct--let's assume it is not correct. My question is--let's assume it is only 50 percent or 40 percent. Should a 97,000- pound truck that imposes a heavier burden on--a heavier cost burden on maintaining that highway pay a proportionate extra tax, whatever that proportion might be? And if not, why not? Mr. Kadien. I think you have to balance the proportional increase you are speaking of with making the truck uncompetitive versus the 80,000-pound truck. Mr. Nadler. Well, if it is uncompetitive, that would argue that you shouldn't allow it. Mr. Kadien. That is correct. Mr. Nadler. OK. So maybe we shouldn't allow it. But my question is, if we do allow it, why shouldn't it pay its fair share? If it imposes an extra cent higher cost on the highway maintenance than the 80,000-pound truck, why shouldn't it pay an X-percent higher tax so it is paying its own way in that--to the same extent as the existing trucks? Mr. Kadien. I think paying its fair share makes sense. Mr. Nadler. Yes. But would that be a fair share? Mr. Kadien. Well, depends on the statistics, I guess. Mr. Nadler. Again, whatever the statistic is, if we do the study and find the statistic is 20 percent or 40 percent or 60 percent, that would be fair, then, to impose an extra tax of 20 percent or 40 percent or 60 percent if those are the facts? Mr. Kadien. If those are the facts and you propose that kind of proportional increase, I suspect the math will say that you will never have a 97,000-pound truck on the road and you will have 20 percent more trucks on the road than you do if you allowed it. Mr. Nadler. Well, that may be. And maybe that the market is telling us something in that in that case. I thank you. I yield back. Mr. Duncan. Thank you very much. Mr. Crawford. Mr. Crawford. Thank you, Mr. Chairman. I appreciate that. I would just again like to thank the panelists for being here. I know you came here on your own dime, on your own time, and I appreciate that. Mr. Reed, I would direct my first question to you. You mentioned in your testimony we--and I remember we had some serious trouble securing the dredging for Yellow Bend, Yellow Bend Port, and I am glad we were able to resolve that situation. But there was a supplemental disaster funding from the 2000 flood where that came from. Can you comment on, speak to the level of uncertainty that--that exists over annual dredging of our ports and how that impacts Riceland farmers? Mr. Reed. Yes, Mr. Crawford. I would say that it is critically important to be able to rely on the ports. And, I go back to the New Madrid, Missouri, example. We know that we will not be able to load barges; certainly not full. We don't know how much we will be able to load in them this coming year, but we know it is certainly going to be complicating our export operations. So we will be making arrangements to try to shift production to other facilities in order to accommodate that situation in the harbor. Mr. Crawford. Transportation costs are obviously one of most significant factors that impact a farmer's bottom line. And I know that other countries are making significant investment in infrastructure. Have you noticed, are we losing our edge globally with respect to our freight system here in the United States, and are the international competitors closing the gap? Mr. Reed. Well, that is certainly a fear of U.S. agriculture. We are seeing, as you know, rice from Asia moving into this hemisphere, into Central America, the Caribbean, even into the United States. And that is a concern because of their lower cost of production. We are also watching South America. If those fellows had the opportunity to have the type of delivery system that we have in the U.S., American agriculture would be in trouble. As you know, the production in Brazil is just amazing. But where we have the advantage is in our transportation system. But we are going to have to continually improve it and, hopefully, enhance it in order to stay competitive and keep our farmers in business. Mr. Crawford. Thank you, sir. I am going to direct this question to Mr. Roberson. In your testimony, you made the point that many of the Nucor facilities only have access to a single major railroad and that results in higher costs. Is there currently an effective remedy at the Surface Transportation Board for bringing those rates down to a more affordable level? Mr. Roberson. Mr. Crawford, not currently. Think there is a redress that needs to occur based on the current criteria used to make rate cases. So if we could relook at that, I would think that we would be better. Mr. Crawford. What would you suggest or how might the STB be strengthened to help address that issue? Mr. Roberson. Again, just relooking at the criteria associated with rate cases and reciprocal switching and access to multiple railroads. Mr. Crawford. Thank you. I don't have any further questions. Again, I just want to extend my appreciation to each of you in recognizing you contributing your time to help us make the case for improving, enhancing, and investing in our freight transportation infrastructure. I appreciate each of you being here. Thank you. Mr. Duncan. Thank you very much. Mr. Crawford. Ms. Brown. Ms. Brown. Thank you, Mr. Chairman. Mr. Kadien, I have a question as far as States rights is concerned. I am a bit confused. What do you mean by States rights when the Federal Government pays 90 percent of the bridge--building the bridge and the maintenance and the State put up 10 percent. And in 2012, 6,749 bridges rated as structurally deficiency? Mr. Kadien. What I mean by States rights is to allow the State to decide based on the traffic and the industry in that State, and the studies of their own departments of transportation is to choose which State highways that they would allow the 97,000-pound, six-axle truck to travel on. Ms. Brown. So you don't think the Federal Government should play a part in deciding? Mr. Kadien. No, I think--I think H.R. 612 is a Federal decision to allow the States that flexibility. I am not saying it is one versus the other. But I think the States are in the best decision, or in the best position to decide which roads and bridges should or should not be part of the program. Ms. Brown. Do you think they should make that decision without the input of the Federal Government? The Federal Highway Administration? Mr. Kadien. No, I don't. Ms. Brown. So it should be a joint decision? Mr. Kadien. Yes. I would agree with that. Ms. Brown. You mentioned something about, I guess, trucks in Europe. And in many of the places that I have gone to Europe where trucks is concerned, they make them piggyback, they put them on trains and take them different places. Mr. Kadien. Yes, ma'am. I was referring to a 5-year study in the U.K. that allowed six-axle, 97,000-pound trucks and saw 35-percent reduction in fatalities. I wasn't referring to piggyback or other truck configurations that exist elsewhere in Europe. Ms. Brown. I see. I have other questions for other members on the committee. Mr. Johnston, you mentioned that DuPont made a $500 million investment in the Cooper River facility, and their freight travel has doubled. Why did you all decide to Cooper River facility? Mr. Johnston. Congresswoman Brown, our investment at Cooper River is a significant investment here in the U.S.---- Ms. Brown. Thank you. Mr. Johnston [continuing). That has created jobs for American workers and provides materials that are important to the defense industry and to police and other folks who we rely on for our safety and security every day. This was the best place to make that investment is the short answer to your question. Ms. Brown. Was it the logistical location? I mean, that is great. I mean, we---- Mr. Johnston. Logistics did not drive the decision. Ms. Brown. It was just the best place to make the investment, the workforce and other factors? Mr. Johnston. That is correct. Ms. Brown. Thank you. Mr. Roberson, you mentioned that because of the lack of competition, shippers pay a higher premium. And that you thought how those boards should be set up to resolve the issues. Can you expand on that a little bit? Mr. Roberson. I am sorry. I couldn't hear the last part of your question. Ms. Brown. As far as coming up with solutions to solve the competition question, the shippers are sometimes captive, you know, it is only one line and they don't have a choice. Mr. Roberson. Thank you, ma'am. As my colleagues on the panel mentioned, having access to multiple major railroads provides the competition. There is always an alternative for us to ship other modes, but there is not an alternative to ship the railroad A versus railroad B, and that is what we are advocating. Ms. Brown. Thank you. As we meet today, one of my bridges has been taken out because of a ship that hit it. So the question about bridges is a major question: How are we going to maintain them? How are we going to keep them safe? And how are we going to fund the infrastructure? Do you all have any ideas as to how we can fund the infrastructure as far as those kinds of investments? And, of course, those are the kinds of investments that would actually put American people to work. Just briefly. How do you recommend funding the bridges that are structurally damaged? Mr. Kadien. I will take a crack at that. There is a fair amount of money that is collected for the gas tax that goes into the Highway Trust Fund. And not all of those funds are actually used on infrastructure. That would be an opportunity. Mr. Johnston. Congresswoman, I don't have a specific recommendation on this. I understand the dilemma here. DuPont and the chemical industry would be happy to work with this committee in thinking through ideas that--that might promote the exact thing that you are talking about. Ms. Brown. Thank you. Mr. Roberson. Congresswoman, we would echo those comments. We would be glad to work with this committee on solving that issue, but we don't have the answer today. I think that is why we are here and having this good discussion. Ms. Brown. We don't have it either. Yes, sir. Mr. Reed. Mr. Reed. Yes, Congresswoman. You raised an interesting point. The rehabilitation of those bridges would be part of the highway system funding. But I would have to work on that some to come up with a better answer for you. [The information follows:] Most projects are funded by a combination of Federal funds (80 percent) and State funds (20 percent). Under MAP-21, our Arkansas Highway and Transportation Department doesn't have more money to spend on projects, including bridges, but the State has more flexibility in using Federal funds. Ms. Brown. Thank you. Thank you, Mr. Chairman. Mr. Duncan. Thank you, Ms. Brown. Mr. Hanna. Mr. Hanna. Thank you, Mr. Duncan. I would suggest that the problem of paying for it belongs to this committee and this Congress. Since 1993, we haven't raised the gas tax, haven't raised the diesel tax. We have had lots of opportunities to do that. I would also like to thank everyone here because to the person you have all indicated that you are willing to pay more for what you get. And I would also like to point out that lighter truck weights create more repetition of travel, not less. So that the small points of how much or what percentage or how all of that works out, all of that adds to the greater good of the entire economy. All of us depend on trucks. And it shouldn't necessarily fall on the individual trucker to pay the full freight of the use of the highway. I mean, it trickles through the entire economy and we all benefit. I wanted to speak to you, Mr. Kadien. You indicated that this wasn't a rail-versus-truck issue. And, you know, I think in many ways it is. And I don't mean it in a pejorative way, necessarily. It is more about the simple nature of competition. A railroad would allege that if you were to pay the full cost of what it costs to build, buy, and maintain roads that your cost per gallon would be substantially more. I have heard upwards of a dollar. Is that right, Mr. Nadler? Mr. Nadler. Right. Mr. Hanna. He is my facts guy over here. So that someplace we realize that it is probably entirely impractical. We also know that, everyone here has indicated that monopolies, or oligopolies, if you will, are part of what railroads have going for them, just the nature of the business. Everybody says you would like to fix that. Maybe someone here could tell me what that would look like and how much that adds to your cost. Because clearly, if someone has the ability to cost push and they don't stop and you just keep paying the bill, there is no end. So if you would like to talk to anyone about that, I would be interested to hear. Mr. Kadien. Well, for International Paper up to about 40 percent of our locations in the U.S. are, quote, ``captive'' to one Class I railroad. And we have very good relationships with all of the Class I's, and I think for the most part we would say we are fairly treated. On the other hand, we do see more, I will say, more frequent and higher increases on the 40 percent where we are captive. Mr. Hanna. So the higher weight limit would necessarily give you a little bit of an opportunity, roughly 20 percent lower average cost to help you offset that, if you will, advantage. Mr. Kadien. Our fact pattern would be different than that. We are not trying to get our rail shipments to compete with our truck shipments. We just want competitive rail increases where we have captive carriers. Our truck shipments are 400 miles or less. Our rail is 800 or more. Our trucks usually have to be there next day or second day. It is really two entirely different customer destinations that we are shipping to, and we don't often mix or compete rail versus truck. Mr. Hanna. Sure. And I live in a State, New York, where they don't have the sixth axle, but we do have the higher weight without that. So in my State's case, to add that axle would actually make our roads safer, not less safe. And by your own study, and I have read the studies, there is every indication to believe that it is a marginal thing, add the weight and add the axle. And I think it is proper to assume that States have the ability--they all have engineers and DOTs--to decide what roads, what routes, and what is safe and what is not and where to invest money to fix those bridges appropriately that will allow for whatever they decide. I know that is what they do in New York. So I am not sure it is really a States rights issue in your case. Isn't it just a matter of allowing them to decide? Mr. Kadien. Yes, I would agree with that 100 percent. Mr. Hanna. Mr. Reed? Mr. Kadien. But I do think, if I could add, I do think, you know, a benefit maybe to the cost issue that was brought up earlier, I think the reduction in accidents, truck traffic and the improvement in safety is worth something in this argument as well. Mr. Hanna. So to Mr. Nadler's point, and I respect all of his opinions, I enjoy listening to him, tell you the truth, that reducing trips, reducing repetitiveness over bridges, lowering the average cost per trip because of the additional percentage of weight benefits more than just the trucker. It has to ultimately make the product you sell marginally less expensive and make you more competitive, to repeat the obvious. Mr. Kadien. Yes, I would agree with that. Mr. Hanna. Thank you. My time is expired. Mr. Duncan. Thank you very much. Mr. Webster. Mr. Webster. Thank you, Mr. Chairman. I have enjoyed the questions and responses here. I appreciate you doing this. I had a similar question. Maybe I will ask it of Mr. Johnston, I think your point three was the fact that there were certain areas where there was a monopoly of sorts, and you gave a large number of your shipments, I don't recall what they were, inbound and outbound, but it just seemed like the percentage was pretty high. Is there a specific recommendation where we would start? I wouldn't want to steal somebody else's infrastructure, if you put two different types of freight trains on the same route. Somebody owns those and somebody would not. But is there a specific recommendation you have in that area? Mr. Johnston. Thank you for the question, Congressman. As you may know, the Surface Transportation Board has held hearings off and on over the last 2 years, or thereabouts, to consider ways to increase competition in the rail industry. A variety of proposals have been presented to the Board by industry. At present, the Board is still taking those matters under consideration. But I would highlight just a few things, and then I will come to one specific. In 1980, when the Staggers Act was passed, there were 26 Class I railroads in the United States. Today there are seven, and four of those carry 90 percent of the traffic in the United States. Two of those are dominant east of the Mississippi River and two of them west of the Mississippi. And so those are the dimensions of the issue here. Furthermore, the premise under which the Surface Transportation Board acts, even today, is the same premise that was actually true in 1980 but is no longer true in 2013. And that is that the railroads stand on the brink of bankruptcy. They simply don't any longer. They are healthy. They are making money. And, frankly, we want them to be that way. I don't want there to be any misunderstanding about that. We need them to be healthy and profitable. One of the impediments that the Surface Transportation Board is simply that because of the fact that there are only three Commissioners, they can't confer with one another and discuss matters that are before them for consideration. A simple solution to that might be to increase the number of Commissioners at the Surface Transportation Board. That might be one specific idea that I would leave with you today. There are a number of other proposals that DuPont and the American Chemistry Council have that, I won't take time now, but we would be delighted to sit with you and your staff, other members of this panel, or members of the full committee and review those specific policy recommendations with you. Thank you. Mr. Webster. OK. Well, I would love to get some pre- information if you have. It if you can get it to me, that would be awesome. Mr. Johnston. Yes, we will. Mr. Webster. Thank you. I yield back. Mr. Duncan. All right, thank you very much. Mr. Kadien, MAP-21 included very significant environmental streamlining provisions, shortening the project delivery times for highway and transit projects, and Mr. Roberson mentioned approvals for projects within the established or existing right of ways. Do you believe that similar provisions should be codified for all other modes of transportation as well? Mr. Kadien. I am sorry, I am not familiar with MAP-21. Mr. Duncan. Well, what we are talking about, you don't have to be familiar with MAP-21, what I am asking, has your company seen delays because of environmental rules and regulations and red tape, and would it make any difference to your company if we could speed up some of these approval projects? Mr. Kadien. Thank you for the explanation. Absolutely, and yes. Permitting is, you know, the schedule on a return on any investment severely impacts, schedule delays severely impact the returns, and we see long scheduling delays, getting approvals on construction, engineering, building projects here in North America, and that would be very helpful if we could expedite those. Mr. Duncan. Are you familiar with any particular examples of that, of projects that have been delayed or taken longer. Or you said in North America---- Mr. Kadien. I meant the United States of America, primarily. Mr. Duncan. Can you do things faster in some of these other countries? Mr. Kadien. Yes. In some of these countries you can. That doesn't mean they are better and there aren't other issues there as well. Environmental permits for a new pulp and paper facility in North America is a multiyear process. I am familiar with investments that were not made in this country because of the environmental process, and it often lacks clarity, it is often combative, and it is often just easier to go ahead and produce the project in another country. All that said, I think we also have the best set of environmental regulations from around the world that I am familiar with. So I think we end up at a right place in terms of, you know, the laws that we pass. But just as an example, we just went through MACT, which took several years to get to a conclusion and, you know, I think it probably took us 4 years, and if we could have done that a lot quicker we would have been able to get the environmental benefit and plan our capital spending a whole lot better and more efficiently. Mr. Duncan. Thanks very much. Mr. Johnston, you talked about the competition within the railroad industry or the lack of competition, but it seems to me it is something that is easy to say, but difficult to achieve because you also testified you don't want to increase the regulations on the railroad industry. So do you have any ideas or suggestions about how we go about that since these companies, you know, take care of their own tracks and it is difficult, if not almost impossible, to lay new tracks in some places? So what do you have to say about all that? How do we go about achieving what you want to achieve, more competition within the railroad industry? Mr. Johnston. Thank you, Mr. Chairman. It is not an easy problem and we don't want people building new railroads necessarily. That is expense that is not going to be beneficial. So that is not the solution, as you clearly know and point out there. However, giving railroads who don't have immediate access to one of my plants, for example, but might be only a short distance away and allowing them to use a portion of another railroadsystem, or interchanging traffic at the closest point available from one railroad to another are some simple sort of ideas that would create additional competition if you look at the full route that the traffic carries on the railroads. Mr. Duncan. You mentioned the four Class I railroads that carry 90 percent of the rail traffic in this country, but there are a much larger number of short line railroads. Are you able to make much use of the short line railroads? Mr. Johnston. Short line railroads do serve some of our facilities. They are generally hooked into a single Class I railroad, as I am sure you are aware. Mr. Duncan. Yes, sir. Mr. Johnston. And so that really doesn't solve the problem. It is simply another railroad that we are dealing with on the front end of the transaction. Mr. Duncan. All right. Mr. Roberson, you mentioned that Nucor uses several different modes of transportation. I think just about all of you on the panel have said that. In which ways do you think current transportation funding can be better used, or what area of transportation do you feel is the most neglected or the most underfunded at this time? Where does Nucor have its biggest problems? Mr. Roberson. Well, I think it is a, Mr. Chairman, I think it is a very comprehensive issue. It is all modes. If you look at our inbound supply chain, clearly that is heavily leveraged on the waterways for a lot of our mills. However, if you were to flip that over to our outbound shipments, those go about 60 percent rail, 40 percent truck for many of our facilities. So it is really all modes. It is not one particular one that would make a big difference. Mr. Duncan. Mr. Reed, what do you say about that? You know, the government, both at the Federal and State levels, really first got into transportation primarily to help farmers to get their products to market. Where do you see the biggest chokepoints or the biggest impediments to freight transportation? Mr. Reed. Well, Mr. Chairman, you are absolutely right, and much of the transportation system was built to move products to market. In fact, our facilities were located on rail lines, and at one time the crops were actually railed to processing facilities from the grain storage facilities out in the countryside. None of that is done today because of the emphasis on the long hauls. As far as our largest concern, we have learned to cope with trucking grain from the farm to our facilities. Our farmers are responsible for doing that. It is fast, and that is important for them during harvest when they are facing weather issues. We move products in all forms. But I would say our biggest concern is those harbor situations where we just cannot load barges to move rice into the export market. That is done by barge down the Mississippi River to New Orleans and then put on the large oceangoing freighters, but we have got to get the product out of the port. In the case of our New Madrid facility, which is the only processing facility we have on a river, we have no storage for a processed product. So it is one of those situations where you got to keep it flowing, and so that becomes a key bottleneck for us if we can't move the product out. Mr. Duncan. All right. Well, thank you very much. Just out of curiosity, you know, I meet with people all the time from every business, every industry. I met, I guess last week or a couple of weeks ago, with some car dealers from Tennessee, and they said that while they are doing good business right now, it all seems to be pent-up demand, that people are driving cars now 100,000, 200,000 miles, not trading as often, and that they went for several years during the downturn without trading in a car. In other words, they are saying they don't think the economy is as strong as current sales might indicate. And I read all these business publications and, you know, you can find some articles saying that things are going pretty good. You can find many that say they are not going pretty good. Our unemployment is too high. Our underemployment is much, much higher. Mr. Kadien, what about International Paper? How are you doing? What do you see in the near term for your company and the overall economy? Mr. Kadien. You know, we are in several lines of businesses that are pretty good barometers of economic activity. We are the largest producer of corrugated packaging that moves goods, consumables, durables around the country, and typically runs about half of the GDP rate of the country. And right now we would say that the economic activity is pretty underwhelming, that, you know, we are looking at 0.5 to 1 percent kind of growth rates across the industry, and that is really not reaching our potential. I have got a consumer packaging business, you know, food processors are seeing, you know, flat to no growth in their business. We are a big supplier to restaurants. They are seeing slow traffic compared to prior years. So it is, I would say, it feels like we are moving sideways right now instead of gaining any momentum. Mr. Duncan. Mr. Johnston. Mr. Johnston. Yes. DuPont also is in a wide variety of businesses. Our agriculture-related businesses are very strong today, both here in the United States and around the world. I would say many of our chemical businesses are seeing slow but steady growth here in the United States, but we are not seeing those same trends in other parts of the world, particularly in Europe and in Asia where their economies are simply in the doldrums and have not shown signs of recovery yet. Mr. Duncan. Mr. Reed, how much of Riceland's, how much of your rice goes to other countries? How much is export? Mr. Reed. Mr. Chairman, we export about a fourth to a third of our rice production every year at Riceland. For the U.S. industry as a whole, about half of the crop is exported each year to about 75 countries. Rice is a staple for at least half of the world's population. They eat it every day if they have it. We have all seen the numbers of population growth. By 2050 we may expect about 9 billion people, which are a lot of mouths to feed, and rice does that very efficiently. So we have seen a period of several years here of good prices for agricultural commodities really across the board. We certainly hope that continues. But there is always competition from other countries. Asia, for instance, had been deficit of rice. Now, many of the Asian countries are exporting rice. In fact, when I started with the co-op we were the number one exporter, we as in the U.S. were the number one exporter of rice. Today that spot would be filled by India, and followed by Vietnam and Thailand and other southeast Asian countries which have picked that up. Many of those are moving rice around the world at heavily subsidized prices, which makes it very difficult to compete. And, again, our transportation infrastructure is one thing that keeps us in the hunt for some of that business, especially the higher valued business. Mr. Duncan. I have gone way over my time and I apologize. You probably didn't notice, but I said in my opening statement that we are facing competition that we never had before because for many, many years so many other countries were following Socialist and Communist governments and were very weak economically. And now in many countries around the world, even some former Communist countries, they are allowing almost more free enterprise than we are in this country. Mr. Nadler, any other questions? Mr. Nadler. No, I have no other questions. Mr. Duncan. Any other questions? All right. Well, thank you very much. You have been very helpful. If you think of anything, we are looking for specifics to go in this report. We don't have much time left in the time limit that was imposed, the special rule that we are operating under, so if you have some specific suggestion that you think might be helpful to us, then get in touch with us here in the next week or two. [The information follows:] [GRAPHIC] [TIFF OMITTED] T5056.010 [GRAPHIC] [TIFF OMITTED] T5056.011 Thank you very much. That will conclude this hearing. [Whereupon, at 3:25 p.m., the panel was adjourned.]