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53 Furthermore, if provisions of the Jones Act are amended, the for by the U.S. Department of Defense as part of a military issue will arise regarding what should be done with current sealift contingency program such as the current Maritime operators who have established their businesses under the Security Program. Research on a contingency plan also is provisions of the Jones Act and are now going to have com- needed for continuing to serve shippers in the event of a mass petitors who did not have to follow the same provisions. deployment. Finally, since the Jones Act is also seen as a part of a national Another possibility is to have the military--not the NAMH defense strategy, it is highly unlikely that Congress would operator--add specific components. One such scenario would consider major revisions. call for the military to own the vessels and allow operators to lease, with contractual arrangement that would prevent Consider Publicly Owned and Operated Services to Solve the operator from completely losing the use of its vessels in Specific Transportation Issues. Publicly owned transporta- the event of a military call up. tion services already exist--ferry services, regional railroads, Also, research is needed to develop a plan for utilizing marine and others. These types of operations could be models for assets (vessels and warehouses) in the event of a large-scale establishing publicly owned freight transportation services emergency situation, whether natural or man-made. that would be designed to meet specific needs. The public entity could be a state, a regional commission, a local govern- Lowering the Capital Risk ment, or a specially constituted authority. If and when such a service becomes steady and profitable, the public entity could There are several ways the federal government could lower then consider privatization options and encourage more pri- the capital risk for investors in U.S. ships through programs vate sector development. such as the currently unfunded federal Title XI Program. An evaluation of the strengths and weaknesses of Title XI, along Consider Marine Transportation Alternatives When Eval- with an evaluation of alternative approaches, is needed. uating Highway or Rail Projects, Especially When National Environmental Policy Act (NEPA) Processes Are Involved. Under federal law (NEPA), when transportation projects Combining and Strengthening could have a potentially strong adverse impact on the sur- Stimulus Funding rounding natural and human environment, the planners of Research is need into the possibility of combining appropri- the project are required to consider alternatives for avoid- ate aspects of Europe's Marco Polo Program, EPA's SmartWay ing or reducing such impacts. However, rarely is a marine Program, and the ARRA stimulus package. Further investi- transportation service considered as a realistic alternative for gation is needed into the legal challenges and how to priori- lessening adverse impacts. HR 1780 (Smart Planning for Smart tize competing projects. Growth Act of 2009) was introduced on March 30, 2009. One of its provisions would require states and metropolitan plan- ning organizations to consider "short sea shipping" as a strat- Diverting Heavy and Hazardous egy for reducing greenhouse gases in their plan formulations. Shipments to Water HR 2454 (Clean Energy and Security Act of 2009) contains From a strictly environmental and public safety viewpoint, exactly the same provision. it would appear that diverting heavy and hazardous ship- ments to water would be desirable. However, there are several Potential Topics for serious concerns. The appropriate level of liability needs to Follow-on Research be determined. Do NAMH operators have the appropriate equipment, training, and experience to be able to handle haz- Several distinct topics for future research were noted dur- mat safely and efficiently? Should society be concerned about ing the course of this project. operators attempting to operate on a "shoestring budget" while transporting hazardous materials? If hazmat shipments by water should be encouraged, what is the best way to do so? Involvement of Department of Homeland Security and Department of Defense in the Development of NAMH Developing Scenarios and Expected Outcomes There are several ways in which the Department of Home- land Security or the Department of Defense could be directly Research is needed that will test the assumptions and mod- involved in the development of NAMH. It would be worth- els described in this report. It would be very useful to decision while to investigate the concept of building in militarily use- makers and society at large to take particular potential actions, ful features in new ship construction (such as roll-on/roll-off assume their implementation, and develop potential out- ramps and heavy weight-bearing decks) that could be paid comes and impacts.
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54 NAMH Planning Guide training, capital, and equipment would they need? How many vessels are needed? How much would it cost to design and Research is needed into the concept of a planning guide for then build them? NAMH. What should be in the guide? Who should develop The issue of the operation of these vessels also is important. the guide, and who should the target audience be? How should What will it cost to operate these vessels? Where would they it be disseminated? be deployed? How could the military and the private sector share the vessel? Implications of Elimination of HMT Several of the nation's universities have researchers that are This report mentions the possible trade treaty implications versed in the quantitative, engineering, and economics aspects of the elimination of the HMT. In addition to trade issues, involved in the building of a new fleet. Research is needed it is necessary to quantify the effect the elimination of HMT into the best vehicle the government could use to move ves- would have on shippers and on the federal government. sel fleet development forward. Building the NAMH Vessel Fleet Evaluating Funding by Mode There are a multitude of issues involved in the concept of There is much discussion on the issue of equity in the building new vessels for use in NAMH services. For instance, funding schemes used for the various modes. Railroads pay some type of standardization is needed. Could the government for much of their own infrastructure. Highway and NAMH broker the design? What basic elements should be included operators pay fuel taxes and an assortment of other fees and in the design? taxes. Research is needed into taxation and funding schemes by The issue of capacity and financing is important. Which mode, and an appropriate methodology for assessing whether shipyards could be involved in making these vessels? What there are equity issues that need to be addressed.