How do government affairs issues affect your business?
The government is constantly enacting new laws that affect the way you do business. Whether it is a tax incentive, OSHA regulation, TPMS, health care issues, or tire industry legislation, government agencies always impact your business. And all of their decisions affect your bottom line. TIA is your eyes and ears on Capitol Hill and your voice in Washington, D.C. We represent your interests with OSHA, EPA, IRS and DOT. We work closely with Congress to guide legislation in a direction that will benefit you, your employees and your business.
Working for you, TIA's government relations team represents the tire industry with one voice in Washington, D.C.
Current Issues
TIRE AGING
Legislation was introduced last week in the Maryland state legislature on tire aging. The bill would require manufacturers or distributors to affix on all tires a label stating the date of manufacture, a statement on tire aging (which would spell out that NHTSA recommends that tires be replaced after six years regardless of the remaining tread depth), and a receipt or invoice stating the date of manufacture. Consumers must sign a disclosure statement. Retailers must give a copy of the disclosure statement to the consumer and keep a copy of the signed disclaimer. Retailers who violate the proposed law would be subject to a $500 fine for each infraction.
The bill was introduced in both the Maryland Senate and the House of Delegates. The House bill (HB729) was introduced with 22 cosponsors and will be heard February 21 in the House Economic Matters Committee. TIA will testify against the bill.
TIA will work closely with Rubber Manufactures Association and Chesapeake Automotive Business Association to try and stop this legislation, which seems to be on a fast track.
MOTOR FUEL TAX INCREASES
The TIA Government Affairs Committee and the Board of Directors voted that the association oppose all proposed motor fuel taxes in the Federal-aid highway bill.
On February 7, TIA Executive Vice President Roy Littlefield attended a Capitol Hill breakfast with the staff of the House Transportation and Infrastructure Committee to discuss the various tax increase proposals. We then met with Congressman Bill Shuster (R-PA) to express the association’s support of the highway bill and opposition to the proposed tax increases. Congressman Shuster's family is in the tire retail business.
Mr. Littlefield then went to Annapolis, Maryland and participated in a press conference with the Maryland Comptroller Peter Franchot in opposition to a proposal to place a 6% sales tax on the current gasoline price and (federal and state) taxes in the state (amounting to roughly 22 cents per gallon increase). The American Trucking Association also weighed in opposing the tax increase proposal.
TIA Testifies to NHTSA on Tire Rating System
TIA Senior Vice President of Training Kevin Rohlwing participated in the National Highway Transportation Safety Administration (NHTSA) Tire Fuel Efficiency (TFE) Workshop held February 3, 2012 at the Federal Building in San Francisco, CA.
The purpose of the TFE Workshop was to collect information regarding the new tire rating system on rolling resistance, which is required by the federal Energy Independence and Security Act (EISA) of 2007. Part of the Act is the establishment of a Tire Fuel Efficiency Consumer Information Program with the goal of increasing fuel efficiency, reducing greenhouse gas emissions and increasing America’s energy independence.
TIA’s presentation, which supports the position of the Rubber Manufacturers Association, focused on several key areas including tire labeling and rolling resistance coefficient. While the measurement system for rolling resistance is more important to the tire companies, TIA remains strongly opposed to implementing new tire labels as the primary mechanism for the national consumer education campaign.
Mr. Rohlwing also emphasized the importance of educating retailers on the new rating system since tire dealers are the primary sources of information for the average car owner in need of tires. TIA stressed that the new ratings must be simple and easy to explain, unlike the confusing Uniform Tire Quality Grading System (UTQG), which is supposed to provide consumers with information to compare tire treadwear, traction and performance.
TIA and SBA Working to Ensure
Small Entrepreneurial Businesses are Heard
TIA is also working with the SBA to recruit small business owners to provide input on a number of different issues that will impact tire dealers. The first involves the Environmental Protection Agency (EPA). EPA has been developing a series of rules to cover industrial, commercial and institutional boilers and incinerators. EPA originally issued all four rules as final in March 2011 under a consent decree that EPA (and industry) believed did not allow sufficient time to respond to all public comments. However, EPA just issued new proposals to revise and improve these final rules. TIA’s focus now is on the Non-Hazardous Secondary Materials (NHSM) Rule.
If you are able to provide information, please contact TIA’s Director of Communications Mark Cook at mcook@tireindustry.org or at directly at 240-544-1265. TIA and SBA appreciate the demands on eh time of a small or entrepreneurial business owner and want to let you know this input will not take away from your primary responsibilities of running your business.
NHSM are materials that are left over after an industrial or other process. In many cases these materials are burned in boilers as fuel. This fuel displaces other fossil fuels, such as coal, oil and natural gas. This use of secondary materials is a form of recycling that avoids the expense of sending these secondary materials to a landfill, and paying for substitute fuel.
EPA would like to receive information to support a non-waste designation for the secondary fuels and any other non-waste fuels used by small businesses.
(1) Whether market participants treat the non-hazardous secondary material as a product rather than as a solid waste;
(2) Whether the chemical and physical identity of the nonhazardous secondary material is comparable to commercial fuels;
(3) Whether the non-hazardous secondary material will be used in a reasonable time-frame given the state of the market; and
(4) Whether the constituents in the non-hazardous secondary material are released to the air, water or land from the point of generation to the point just prior to combustion of the secondary material at levels comparable to what would otherwise be released from traditional fuels.
As part of the overall consideration of the above “legitimacy factors,” and “other relevant considerations,” EPA is also interested in:
(1) Existence of contracts that establish material specifications and handling requirements;
(2) Whether the combustion unit is constructed specifically to combust secondary materials;
(3) Whether the combustion of secondary materials is an integral part of the manufacturing process;
(4) How the secondary material is handled at each site, where it is prepared for use, stored, or combusted.
SBA and EPA We also want to learn about the financial hardship that would result if EPA did not grant the non-waste determination. How much secondary material would be landfilled? How much fossil fuels would need to be combusted to replace the secondary material? What are the related costs and environmental impacts from the failure to treat this material as non-waste?
LABOR RELATIONS
It now appears the new the National Labor Relations Board (NLRB) may try to resurrect ambush elections, through rule changes to expedite the recognition election process.
This will result in new attention to the legislation passed by the House last year (Workforce Democracy and Fairness Act, H.R.3094). The business community will make a push to find a way for consideration in the Senate. It most likely will come in the form of an amendment to other legislation.
The House-passed bill provides employers with at least 14 days to prepare their case to present before a NLRB election officer and an opportunity to raise additional concerns throughout the pre-election hearing; ensures no union election will be held in less than 35 days; reinstates the “traditional” standard for determining which employees will vote in the union election; and, establishes that workers would be able to choose the type of personal contact information that is provided to the union, rather than directed by NLRB regulations. This latter provision is in response to a requirement in the NLRB Chairman’s original rules changes’ package that would require the employer to provide employees’ phone numbers and email addresses (when available) to the organizers.
WHERE ARE ALL THE SMALL BUSINESSES?
Wondering how many small business neighbors you have? The Office of Advocacy for Small Business publishes a handy guide entitled, “2011 Small Business Profiles for the States and Territories.” In it, you will find information on the demographics of business ownership, employment, industry composition, and small business income, for each of the 50 states and the District of Columbia. It can be found at www.sba.gov/advocacy/848/41391
SURFACE TRANSPORTATION

US Dept of Transportation Secretary Ray LaHood
at Washington (DC) Auto Show said that
"My fingers are crossed that we get a bill
(Transportation Surface) this year."
There are a lot of moving parts, but at least they are moving. Congress is struggling with a long term reauthorization of surface transportation programs. For most of that translates into the Highway Trust Fund, but the effort includes other programs as well.
The bottom line is that small businesses depend on a reliable transportation system supported by a dependable financing system, and it is time for Congress to pass a long term reauthorization bill.
The House Transportation and Infrastructure (T&I) Committee voted 29-24 to pass a five-year, $260 billion surface transportation reauthorization bill after a marathon markup session that lasted nearly 18 hours and included consideration of 104 amendments. The House Ways and Means Committee passed the revenue title this morning, and the House Natural Resources Committee approved expanded oil and gas drilling provisions Wednesday to help pay for transportation projects.
Highlights of the House T&I Committee bill include:
- Leaves FY 2012 appropriated funding levels for Highway Trust Fund programs unchanged;
- Provides an average of $41.1 billion per year for highways and $8.4 billion for transit from the Highway Trust Fund during FY 2013-16;
- Authorizes $2.1 billion per year for transit from the General Fund;
- Freezes Federal Motor Carrier Safety Administration and National Highway Traffic Safety Administration spending at $1.2 billion per year;
- Eliminates the transportation enhancements set-aside requirement;
- Increases TIFIA loan subsidies from $122 million per year to $1 billion per year;
- Adds $750 million per year for formula grants to states that have State Infrastructure Banks;
- Provides states with authority to toll new lanes constructed on the Interstate Highway System, but maintains the prohibition from tolling existing interstate lanes; and
- Reduces planning and environmental timetables for highway and transit project delivery.
Amendment Removes Truck Weight Limit Increase
More than 100 amendments were filed in the House T&I Committee. During the markup session, which lasted nearly 18 hours, the committee adopted several amendments including Barletta Amendment 24.
Approved 33-22, this amendment strikes many of the bill's provisions that increase maximum truck sizes and weights on interstates and some other federal-aid highways. The bill had proposed increasing the current 80,000-pound federal weight limit to 88,000 pounds for car carriers and 97,000 pounds for six-axle trucks. The amendment requires USDOT to conduct a comprehensive three-year study of the safety and pavement performance impacts of the widespread use of bigger trucks.
On the other side of the Capitol building the Surface Transportation Reauthorization moved closer to full Senate consideration. The Senate Banking, Housing, and Urban Affairs Committee unanimously approved the Federal Public Transportation Act, a two-year transit reauthorization bill. Three of four Senate committees have now completed their work on the multiyear surface transportation reauthorization legislation, which could be called up on the floor this month.
The two-year reauthorization bill for transit programs now moves to the full Senate for consideration, where it will be combined with the highway component approved in November by the Senate Environment and Public Works Committee (S 1813), as well as, the traffic safety and research provisions approved in December by the Senate Commerce, Science, and Transportation Committee. The funding title has yet to be approved by the Senate Finance Committee. The current authorization extension expires March 31.
"Surface transportation legislation is finally getting the attention it needs and deserves," Boxer said in the statement. "Congress must pass legislation that will rebuild the nation's crumbling infrastructure, boost the economy, and create jobs; and the only way to get the bill to the President's desk is through our bipartisan approach."
Inhofe noted the Senate and House bills moving through committees this week share common ground.
"The House and Senate bills both include unprecedented reforms of the existing highway program and are funded at very similar levels," Inhofe said in the statement. "The differences could be resolved in a bipartisan fashion during the House/Senate conference. The bottom line is that we need to pass a transportation bill as soon as possible so that we can get our economy moving again."
Highway Account Will Remain
Solvent Until Next Year, CBO Forecasts
The Highway Trust Fund will be able to fully fund federal-aid highway projects through the rest of this fiscal year, the Congressional Budget Office projected in its semiannual budget outlook report. The trust fund's Highway Account will run out of money in Fiscal Year 2013, however, if Congress does not authorize additional revenue, CBO forecasts.
Transit programs -- paid for by the trust fund's Transit Account -- can be fully funded into FY 2014, the report states.
"The two accounts will be unable to meet obligations in a timely manner sometime during 2013 (for the Highway Account) and 2014 (for the Transit Account)," according to the report. "From 2008 to 2010, the Highway Trust Fund received transfers from the General Fund of the Treasury totaling almost $35 billion to keep the trust fund from being exhausted."
The House and Senate are moving surface transportation authorization bills through committees that would maintain current funding levels for five and two years, respectively.
House Panel Drops Big-Truck Plan
Provisions that would allowed states to permit larger, heavier trucks on interstate highways were voted down last week, just days after the highway reauthorization bill containing the measures was introduced in the House of Representatives.
CLASS Act Repeal
The House passed the Fiscal Responsibility and Retirement Security Act of 2011, H.R. 1173, by a vote of 267-159. This legislation will repeal the Community Living Assistance Services and Supports (CLASS) Act---a controversial new long term care program included in President Obama’s health care law. The Obama Administration suspended implementation of the program on October 14, 2011, after determining that the program was unworkable and not fiscally sustainable.
Budget Reform
The House passed two bills that will address the broken budget process. First, they passed the Pro-Growth Budgeting Act, H.R. 3582 by a vote of 242-179. This legislation would require that for major legislation that CBO prepare an analysis of the effect that the legislation would have on the U.S. economy. This macroeconomic impact analysis would be supplemental information in addition to the official congressional cost estimate of the legislation. Next, the House passed the Baseline Reform Act, H.R. 3578, by a vote of 235-177. The current-law baseline assumes that discretionary spending increases by inflation each year. This reform simply removes the assumed increase, thereby leveling the playing field and removing the pro-spending bias from our budget process.
Line Item Veto
The House is considering two more bills that will address the broken budget process. The House will consider The Expedited Line-Item Veto and Rescissions Act of 2011, H.R. 3521. This legislation gives the President Line Item Veto Authority. Within 45 days of the enactment of an appropriations bill, the President may transmit a special message to Congress proposing to cancel any amount of discretionary budget authority. He can transmit up to two special messages per appropriations bill and two for any other appropriations measure (omnibus, continuing resolution, or supplemental bills).
They are also considering the Budget and Accounting Transparency Act of 2011, H.R. 3581. This bill increases transparency in federal budgeting by reforming the way certain costs are calculated and requiring that certain costs incurred by the federal government are included in the budget. Specifically, the bill would require the executive branch and Congress to use “fair value” accounting in calculating the costs of federal credit programs that consider not only the borrowing costs of the federal government, but also the costs of the market risk the federal government is incurring by issuing a loan or loan guarantee. This reform would bring federal budgeting in line with private sector cost-estimating practices.
Coming Clean
The House is also acting on S. 2038, the STOCK Act. This legislation would prevent Members of Congress and staff from using insider information for their financial benefit.
Let's face it: The tire industry is in the government spotlight.
TIA is in Washington, D.C., fighting battles daily with Congress, the administration and many federal agencies on behalf of the tire industry.
TIA's TirePAC was created shortly after the tire recalls of 2000 to assist those in Congress who assist the tire industry. TirePAC helps to ensure the election and re-election of officials who are friendly to the tire industry, as well as establish and maintain solid relationships with elected officials who support the interests of the tire industry. TirePAC allows each member of TIA to be heard more effectively on Capitol Hill.
Just think… If every eligible member of TIA contributed only $25 to TirePAC, we could raise over $100,000 to give to members of Congress who work for the best interests of the tire industry. Your contribution can help TIA introduce important legislation on issues related to taxes, labor, health care, transportation, and more.
Simply complete the Prior Approval form, and we'll send you more information about TirePAC.
But, we can't fight for you without your support! Donate to TirePAC TODAY!
For More Information, Contact:Roy LittlefieldExecutive Vice President
1532 Pointer Ridge Place, Suite G
Bowie, MD 20716-1883
800.876.8372, ext. 108
rlittlefield@tireindustry.org
Eligibility: Must be a U.S. Citizen and a member of TIA.