Federal ports policy

In contrast to the centralized port-planning framework that is utilized in some industrialized countries, the US relies on a complex and fragmented framework in which responsibility for the planning, development and operation of landside maritime infrastructure rests with State and local governments. It has been argued that the separation of the federal government from port policy was rooted in the port preference clause of the Constitution. This paper is an effort to determine whether the current decentralized port policy in fact stems from the Constitution and, to that end, reviews how over the years the US Supreme Court has construed the port preference clause in the Constitution. It was found that there is no evidence to support the assertion that the port preference clause has restricted the development of Federal port policy. Moreover, the decentralized and fragmented decision-making process that is evident today does not imply the absence of federal impact. Rather, it reflects federal involvement through multiple agencies and regulatory processes and is a conscious effort, consistent with other areas of transport infrastructure development, to retain local decision-making for infrastructure investments. It is concluded by raising the issue whether current federal involvement in ports (that is, existing federal port policy), through dredging, landside transportation improvements or subsidized capital, among other things, needs to be reappraised before a new round of capital intensive investment begins.     

Institutional structure of Canadian ports

Canada's federal government is responsible for ports. Despite this, an integrated national ports system has not been established. The Canadian system includes: the Canada Ports Corporation; Harbour Commissions; and Transport Canada's Public Harbours. These are historic divisions. Following a failed 1970s attempt to place all ports within Transport Canada, in 1983 parliament opted for a Crown corporation model in establishing the Canada Ports Corporation for Canada's major ports. This paper addresses the question of whether, in today's increasingly competitive environment, a more integrated and businesslike national system of ports is required. Alternative systems range from centralization to regionalization and enhanced 'commercialization' of local ports to privatization. A suggested alternative for Canada includes incorporating all commercial ports within the Canada Ports Corporation, using a regional system for planning, and augmenting local autonomy of financially self-sufficient ports by making them crown corporations. Eventual privatization of the expanded Canada Port Corporation is also considered.     

Stimulating Vertical Integration in Coastal Management in a Federated Nation: The Case of Australian Coastal Policy Reform

Four decades ago Australia was credited as being an early leader in implementing integrated coastal management (ICM). Nevertheless, as a federation of states and territories Australia has since struggled to fully implement vertical integration of its coastal governance arrangements. In particular the federal government has historically possessed only a minor role in coastal management despite the recommendations of several major inquires suggesting that this role needed to be enhanced. This article examines a series of circumstances and events over the past two years in Australia that has created the opportunity for the federal government to adopt a more significant and prominent role in coastal management and hence to substantially complete the vertical integration of ICM in Australia. These stimuli for coastal policy reform could also play a role in enhancing ICM in other federated nations.     

Short sea shipping: a Canadian perspective

Short sea shipping has begun to receive attention from governments worldwide, as they seek to reduce traffic congestion and greenhouse gases. Despite a long coastline and its interest in international maritime affairs, the Canadian government had, until 2003, placed greater emphasis on resolving the issues of other transport modes. In July 2003, Canada and the United States signed a Memorandum of Cooperation on Sharing Short Sea Shipping Information and Experience. Subsequently, the federal government embarked on an assessment of short sea shipping through a series of workshops. This paper explores the key issues with respect to further development of short sea shipping from a Canadian perspective. It examines the critical limitations and impediments to further growth of short sea services in Canada and trans-border trade with the USA, and identifies a number of questions Canadian policymakers need to answer.     

Flexible transport services: A new market opportunity for public transport

The term Demand-Responsive Transport (DRT) has been increasingly applied in the last 10 years to a niche market that replaces or feeds (usually via small low floor buses or taxis) conventional transport where demand is low and often spread over a large area. More recently, the concept of DRT as a niche market has been broadened to include a wider range of flexible, demand-responsive transport services and is increasingly referred to as Flexible Transport Services (FTSs). The contention of this paper is that well-implemented FTS has the potential to revitalise bus-based public transport services which are traditionally based on fixed networks with variable geographical coverage and levels of service.     

Candian port administraion: its future structre

The administration, management and development of ports in Canada is a Federal government responsibility. This centralist control of ports has been the subject of criticism by many for a variety of reasons, not the least of which is that it is not responsive enough to the affairs of the local level. This problem, along with others, has resulted in the introduction in the Canadian Parliament of proposed legislation over the past five years to alter port administration and development in Canada. The proposals culminated in the recent passage of the Canada Ports Corporation Act which, among other things, will see the abolition of the National Harbours Board. A review of the administrative structure the new Act replaces, along with a review and assessment of the Act itself and the proposed legislation which predated it, forms the basis of this paper. It will be seen that because of the new Act the centralist approach to port administration is maintained, but greater local autonomy and financial self-sufficiency will also be available to ports. However, the central administration will still have the problem of co-ordinating the development of Canadian ports, since ports will continue to be constituted under at least four different pieces of legislation.     

Candian port administraion: its future structre

The administration, management and development of ports in Canada is a Federal government responsibility. This centralist control of ports has been the subject of criticism by many for a variety of reasons, not the least of which is that it is not responsive enough to the affairs of the local level. This problem, along with others, has resulted in the introduction in the Canadian Parliament of proposed legislation over the past five years to alter port administration and development in Canada. The proposals culminated in the recent passage of the Canada Ports Corporation Act which, among other things, will see the abolition of the National Harbours Board. A review of the administrative structure the new Act replaces, along with a review and assessment of the Act itself and the proposed legislation which predated it, forms the basis of this paper. It will be seen that because of the new Act the centralist approach to port administration is maintained, but greater local autonomy and financial self-sufficiency will also be available to ports. However, the central administration will still have the problem of co-ordinating the development of Canadian ports, since ports will continue to be constituted under at least four different pieces of legislation.     

Solving procurement problems in public transport: Examining multi-principal roles in relation to effective control mechanisms

Despite the EU’s increasing role in regulating public transport procurement, few studies have considered this aspect when analysing procurement problems of public transport. This paper examines how the institutional relationships between different actors, including international governmental bodies, in public transport effects the possibility of exerting control over a county public transport authority (PTA) in a multi-principal setting. The analysis is carried out using empirical material from an infringement process including a Swedish PTA and the EU. The conclusions have clear policy implications for the procedural order when exerting control over the PTA in cases of procurement problems. It is for example shown, that the implementation process would be much more efficient if the regulations allowed the EU to impose sanctions directly towards the local authorities without having to involve the national government when the procurement laws are violated.     

National-flag shipping: An appraisal of policy options from a Canadian perspective

In this paper the author reviews recent developments in Canadian government policy with regard to national-flag shipping. In response to criticism from various marine interest groups that successive governments have done little to encourage the development of national-flag shipping, federal administrations have taken a more active part in the debate. This has been manifest in several reports produced under the auspices of Transport Canada, which discuss the desirability of using selective tax or fiscal incentives to promote investment in Canadian shipping. The author outlines the arguments for expanding national-flag shipping, relating these to the greater question of what effect these proposed financial measures might have on the use of capital and other resources. He concludes that selective preferential taxation may be justified by the repatriation of shipping activities now offshore and avoidance of further shifts of manpower and capital offshore.     

Regional fishery management councils: The federal perspective

Abstract

Under the Magnuson Fishery Conservation and Management Act of 1976, the federal government cooperates with states, the fishing industry, and public constituencies to regulate fisheries. This paper notes changes in U.S. fisheries over the last decade, remarks on the effectiveness of the Act, and makes suggestions for an improved fishery management process.     

Overview of public transport policy developments in South Africa

Public transport in South Africa is one of the most burning issues in the transport sector. The government is faced with huge public pressure to improve public transport systems in the face of rising fuel costs, the pending implementation of expensive urban toll road systems in the Gauteng province, and elsewhere in urban environments, public transport safety issues, public transport fleet renewal, especially the commuter rail services, as well as limited resources to fund public transport. As a developing country, the South African Government has pressing funding issues such as funds needed to improve housing for the poor to improve schooling and public health services. Government is also faced with a vocal minibus taxi industry that transports an estimated 65% of all commuters in the country that is also insisting on subsidies for its services.     

Public access to the shoreline: The Rhode Island example

Abstract

Competition for the use of our nation's shoreline has produced a thorough analysis of means to accommodate the increased demands of the public for access to the shore. The issue of public access in Rhode Island is considered at three levels. First, Rhode Island cases involving common law doctrines, such as the public trust, dedication, and so forth, are examined for their relevance. Second, the effect of the federal government in Rhode Island through the Coastal Zone Management Act and its amendments is studied. Finally, two types of state management programs are considered—a Commission for the Discovery of Rights of Way and the Coastal Resources Management Council.     

Risk assessment: An introduction and critique

Abstract

Risk assessment is a methodology which has been used to evaluate the safety of major public projects, notably aerospace programs, liquefied natural gas import facilities, and nuclear power plants.

This article begins with a review of public attitudes toward risk and then describes the basic components of a risk assessment. Subsequent critical analysis suggests the pitfalls inherent in the technique, especially in regard to the establishing of a criterion of safety against which the results of a risk assessment will be compared. The author identifies three such criteria and rejects two of them, including the one most commonly used in federal government agency decision‐making, as unreliable or philosophically unacceptable.

The article concludes with comments on the applicability of risk assessment in coastal zone management.     

The Coastal Barrier Resources Act: Has It Discouraged Coastal Development?

Despite an effort by Congress to design a market-based public policy to limit development on certain coastal barriers and protect the federal treasury from paying for recovery from expensive natural disasters, growth continued on these shifting sands. In enacting the Coastal Barrier Resources Act, federal policymakers may have overlooked the key role of state and local governments, as well as the role of local developers, landowners, and realtors in shaping development on coastal barriers. By itself, the act will not prevent development. In fact, it appears that development in areas designated under the act will occur if (1) development pressure is strong enough to overcome the disincentives posed by the act, and (2) state and local governments facilitate development. For example, a local government may substitute its own subsidies for those withdrawn by the federal government. Nothing in the act prevents this from occurring. This article examines the key forces affecting development in areas designated under the Coastal Barrier Resources Act (CBRA) and seeks to explain why development has occurred in some designated areas, despite the withdrawal of federal subsidies. Using case studies of selected coastal barriers designated by the act, as well as surveys of state coastal managers and key informants, the research shows that the Coastal Barrier Resources Act, by itself, will not prevent development from occurring in the designated coastal areas.     

The funding of hierarchical railway development in China

Transport networks are hierarchal in essence. In this paper, we explore the relationship between the financing structure and the hierarchal evolution of railway network development, using the case of China. Although privatization and corporatization in transport provision have been trends in some parts of the world, the national government is still the main body responsible for railway development in many countries. Among these countries, China and India are the only two that include the Ministry of Railways (MOR). In India, the entire country's railways are clearly defined as public services provided and managed by the MOR. In China, railways have been corporatized; yet, the MOR and the National Railway Corporation are still widely regarded as a single body that has monopolistic power over almost all railway systems at the national and regional levels in both infrastructure development and operation.     

Providing Public Access to the Shore: The Role of Coastal Zone Management Programs

In many coastal states and territories, coastal zone management (CZM) programs have been the prime catalyst in leveraging public access initiatives among state and federal agencies, public organizations, and the private sector. A wide range of tools are used, including acquisition, regulations, technical assistance, and public education. The diversity of approaches is illustrated through a variety of case examples. Although hard numbers for measuring outcomes were not uniformly available, between 1985 and 1988, when federal and state CZM funding dedicated to public access was tracked, $141.5 million (unadjusted 1988 dollars) were spent on 455 public access-related projects. A policy shift occurred in the 1990s away from reliance on acquisition and regulation as the most effective means of providing access and toward technical assistance and public outreach-a response to the overall decrease in funds available for access. CZM programs have been able to balance the contradictory goals of the federal Coastal Zone Management Act of 1972 (CZMA), such as protecting coastal resources while providing for increased public access to those resources. It is recommended that CZM programs conduct assessments to determine the kind of access needed in the future and where it should be located. And, due to the creativity and innovation that states and territory coastal programs use to achieve access, it is recommended that a national clearinghouse be established for documenting and sharing information on innovative tools and programs.     

The public administrator: Regulating for maritime transport efficiency

One role often fulfilled by public administrators is to regulate private enterprise in the public interest. The academic literature has not developed this area fully because public administration is not always tasked with this function. Nevertheless, when regulation forms a part of the responsibilities of the public administrator, it is among the most important. An essential foundation for effective regulation is a complete understanding of the implications and impact of regulatory action. In the absence of regulation, entrepreneurial awareness is applied in the private sector exclusively to satisfying consumer wants. In a regulated market, the entrepreneur’s focus is shifted toward regulatory imperatives. Regulation offers non-market opportunities for entrepreneurial innovation, as well as imposing new market constraints. This paper examines regulation of the maritime industry by the US federal government as an example.     

The impact of the application of new technology on public transport service provision and the passenger experience: A focus on implementation in Australia

The emergence of Intelligent Transport Systems (ITS) has been recognised with many initiatives during the last 20 years. In Europe, the “ITS Action Plan” identifies a number of applications as key elements contributing to the efficient co-ordination of the overall transport chain. The context and experience surrounding the recent widespread development of technological tools and ICT platforms to support the emergence of ITS are notable for the way in which they permeate the transport and logistics chain. But a key question remains: to what extent is the public transport sector able to exploit the wider benefits of ITS?     

Port administration and coastal zone management in Vancouver,British Columbia: A comparison with Seattle,Washington

Large North American ports are encountering serious management challenges. Surrounding communities, environmental interest groups, and government policy are focusing on protection and enhancement of public coastal amenities. In Vancouver, the federal port management system historically enabled national trade interests to override local and regional objectives at the discretion of port decison makers. In contrast, the Port of Seattle is administered at the local level, and legislation and policy require that local publics are involved in decision‐making. Recently, VPC established itself as the vanguard among Canada's major ports in the advancement of progressive management. Nevertheless, the adoption of new policies would ensure that Vancouver, and Canada's other ports, continue to be responsible leaders in Canadian coastal management. These policies include: federal, municipal, and provincial government representation on the local board of directors; strengthening community involvement; creation of a standing planning advisory committee; subjecting Canadian ports to the federal environmental assessment law; and adoption of explicit land and water use regulations.     

What’s so funny about peace, love and transport integration?

The 1998 White Paper proposed integration as the solution to Great Britain’s land transport problems. Most commentators agree that this much vaunted New Deal for Transport has been a failure. Yet some ten years later policy papers from bodies such as the Institution of Civil Engineers and the Centre for Cities are still proposing integration as a possible panacea.There are a number of reasons for the failure of integrated transport over the last decade. The first is the failure to define the concept. The second is the failure to operationalise the concept. The third is the lack of an evidence base on the success of integrated transport policies. Evidence is now emerging in Britain on the benefits (and indeed the costs) of some aspects of integrated transport policies. The fourth, and perhaps the most crucial, is the lack of will in terms of politicians, civil servants and the public at large, to adopt the behavioural changes necessary for an integrated transport policy to be successful. A series of organisational and funding changes are proposed that could advance the prospects for integration.