Spanning the News

Analysis helps agencies target limited transportation resources to their best uses

Gabler is an economist in FHWA’s Office of Asset Management.

How can economic analysis of the benefits and costs of planned highway projects and programs improve your transportation decisionmaking process? The Federal Highway Administration’s (FHWA) new Economic Analysis Primer (Publication No. FHWA-IF-03-032) examines the critical role that economic analysis can play in helping highway agencies and others target limited transportation resources to their best uses. It can help reveal, for example, if a planned highway project is worth undertaking, which design for the project will yield the best return and when and how to implement the project.

The primer begins by looking at such fundamental economic concepts as inflation and discounting. It then describes how to apply economic analysis methodology, such as life-cycle cost analysis (LCCA) and benefit-cost analysis (BCA). LCCA considers all the future costs over a project’s usable life, so that project design selections are not based solely on the lowest initial costs. For example, if a bridge must be replaced, LCCA can be used to select the replacement option that would cost the least over the expected life of the bridge. Selections based solely on life-cycle costs are valid only if the replacement options being evaluated each yield the same benefits and level of service to the traveling public.

A BCA, meanwhile, can indicate to an agency whether the benefits resulting from a project justify the costs of the resources invested in it. This form of analysis is useful when comparing projects that differ in terms of benefits and level of service to the public. For example, BCA can be used to select from among design alternatives that yield different benefits, such as reconstructing a roadway with additional lanes versus not adding any lanes, or unrelated projects, such as widening a road versus adding an interchange to another road.

The primer’s discussion of BCA includes looking at forecasting traffic for benefit calculations, because accurate forecasts of traffic volumes are critical to obtaining valid results from BCA. For example, assuming that the historical growth rate of traffic on a road will continue unchanged after the road is improved can lead to significant miscalculations of actual future traffic. The reality might be that traffic levels on the improved road actually increase faster than they otherwise would have, as drivers change their patterns to take advantage of the enhanced roadway. At the same time, this redistribution of traffic to the improved road can reduce congestion on other roads in the system.

Also covered are various aspects of risk analysis, including defining risk and measuring risk through sensitivity analysis and probabilistic analysis. Once risks have been identified and quantified, the primer notes, the agency can then evaluate potential actions to mitigate them. These actions may include increased engineering, additional quality testing, application of value engineering or such contracting methods as design-build. The range of potential economic outcomes for the project should then be calculated with and without the various risk mitigation actions in place to see if the mitigation actions are worth undertaking.

Finally, the primer discusses economic impact analysis (EIA), which complements BCA by identifying how the direct transportation benefits and costs of a project could affect such variables as regional accessibility, jobs, tourism, land values and economic development. Basic methods of performing EIA include using such tools as survey studies, market studies and comparable case studies. Productivity impact analysis seeks to measure the aggregate economic growth that may result from additional highway spending. Regional economic modeling, meanwhile, typically includes input-output analysis, which quantifies the multiple economic effects of transportation capital spending.

Ultimately, the many tools now available for economic analysis of highway projects provide information vital to the planning, design, construction, preservation and operation of the transportation infrastructure. Economic analysis also can contribute valuable information to the environmental assessment process required under the National Environmental Policy Act of 1969 for projects or activities receiving federal funds or other federal approvals.

To learn more about using economic analysis in transportation decision-making or to obtain a printed copy of the primer, call 202/366-4036.

Unless you read the White House Blog daily, you no doubt missed a quiet but monumental announcement. On February 11, 2014, the White House issued an executive order essentially banning international trade in items containing ivory, as well as tightly controlling movement of personally owned items containing ivory. Two weeks later, on February 25, 2014, Dan Ashe, director of the U.S. Fish & Wildlife Service, released Director’s Order 210 giving the draconian details of implementation. The executive order and director’s order were immediately enforced, including being applied to CITES (Convention on International Trade in Endangered Species) import and export applications filed months earlier. Restrictions on intrastate and interstate sales and movement were announced on May 15, 2014, along with other revisions discussed below. The Executive Branch and the U.S. Fish & Wildlife Service have ignored federal requirements for publication of proposed regulations and public comment before enforcement.

You have perhaps learned, e.g., of violin bows belonging to members of touring European orchestras being confiscated upon entry to the United States, or of the refusal to give a CITES permit for the import of a significant harpsichord by a United States collector/performer. The new regulations are being enforced through immovable, irrational requirements that ignore personal property rights of owners of legally acquired items containing ivory. Further complicating the situation are diverse actions by individual states, in particular, New Jersey, New York, and California. These actions have far-reaching effects among musicians, collectors, musical instrument dealers and repair people, and everyday citizens.

According to President Obama, the United States needs to “lead by example” with tough restrictions on all trade and movement of ivory. It is unclear why any country—especially China, the primary and nearly sole market for illegal new ivory—would be influenced by restrictions in the United States. The U.S. Fish & Wildlife Service has acted, in their words, “to close the loopholes” of transportation and markets for illegal new ivory in the United States, theoretically reducing pressure on elephant populations.

The illogic of thinking a legally acquired musical instrument, or ivory-inlaid 17th- or 18th-century furniture, or ivory Torah pointers, or knives or canes containing antique or pre-Convention (1976) ivory would be conduits for new ivory seems apparent to us, but the new regulations are rigidly defended by the U.S. Fish & Wildlife Service staff. Director Dan Ashe also states that they cannot tell new from old ivory thus justifying their methods (guilty until proven innocent, yet worse), a statement that has experts and repair people familiar with antique ivory shaking their heads in strong disagreement. In truth, I think he is speaking more to the lack of expertise among inspectors. In the United States, there are few instances of trade in illegal new ivory, though a few notable episodes have helped fuel this maelstrom, one involving faked African antiques in Philadelphia, and another of faked Asian antique figurines in New York City. Both were caught by appropriate profiling of the merchants and thorough investigations. The nets are being cast far wider now, and being visible targets, musical instruments have been particularly persecuted.

So, why the urgency and drama? The story is that the African elephant is in dire danger of losing 1/5 of their population over the next twenty or thirty years and then extinction. Beware the numbers appearing in seemingly reputable publications, as incorrect, unsubstantiated figures are being propagated. In stark contrast, looking at CITES’ own recent reports,¹ there are currently about 500,000 African elephants in Africa, down from a probable 600,000 in 1989.² About 22,000 elephants have been killed in each of the last several years, an admittedly horrific number, but actually decreasing, not increasing as claimed. 

According to the CITES report referenced above, the poaching rate appears to have leveled off and further affirms that poaching is primarily due to “extreme poverty and lack of governance in the affected areas.” Local farmers and corrupt game wardens earn huge payments for leading poachers to their prey. In some countries elephants are already at risk, while in others they are over-populated, causing serious problems by destroying farmers’ crops and overgrazing their own protected preserves. In these countries, culling is necessary. Their governments want to sell their large ivory stores in a controlled fashion, to raise money for the local human and elephant populations. A regular source of legal ivory sales would dramatically bring down prices and deter the brutal and horrific practice of poaching.³

Prior and current rules 

(These are subject to change.)

Previously there were no domestic restrictions for sales or travel of items containing ivory and CITES permits could be acquired for import and export of legally acquired ivory by following instructions, paying a fee, and filling out paperwork, a somewhat onerous but do-able process. Exemptions were granted allowing import or export of items that could be demonstrated to be antique (over 100 years old), or pre-Convention (1989 for African elephant ivory). All of this changed in February. “Commercial” imports of ivory are forbidden. Period. No exceptions. Exports are limited, but the hoops to jump through have made permits virtually impossible to acquire. As of May 25, 2014, the details of the regulations were eased somewhat thanks to various musical instrument related organizations with lobbyists working tirelessly in Washington, D.C., but the limitations and requirements are still unreasonable and unclear and were expanded to severely restrict sales within states and across state lines.

The most up to date summary can be found at www.fws.gov/international/travel-and-trade/ivory-ban-questions-and-answ…. Remember while reading this web page and the explanations of it below, that qualifying for the CITES documents is extremely difficult. Here is the summary, with remarks about qualifying for the exemptions below.

Commercial imports

Forbidden. If you buy an instrument out of the country, you will not be able to get it into the United States. Note that the term “commercial” is being applied to any transaction that could be conceived of as resulting in a financial gain. For example, if you want to import an instrument and donate it to your favorite institution, they consider that commercial, since you may be applying for a tax deduction for the donation. Instruments bought overseas before the ban was announced, but awaiting their import permits, had their permits abruptly rejected. 

Personal imports 

You may import an item containing ivory as part of a household move or inheritance, or as part of your own musical instrument or as part of a traveling exhibition as long as the item contains “worked elephant ivory that was ‘legally acquired’ and removed from the wild prior to February 26, 1976 and has not been sold or otherwise been transferred for financial gain since February 25, 2014.” Thus you will not be able to bring in (or out) of the country any ivory-containing item that was purchased after February 25, 2014. (This is at least a significant improvement of the original specification of not being transferred for financial gain after 1976!) This freezes instrument ownership for touring musicians and amateurs as of the date of the Director’s Order. Additionally, the individual or group must qualify for a CITES musical instrument certificate and the musical instrument containing worked elephant ivory “must be accompanied by a valid CITES musical instrument certificate or equivalent CITES document.” The instructions do not specify what would qualify as an equivalent document. 

Commercial export 

While the rules state that pre-Convention and antique items containing worked ivory may be exported, in reality the new requirements to qualify for a CITES export certificate are extremely difficult-to-impossible to satisfy. Fortunately, in May they did eliminate two of the most ridiculous aspects of the February 25th Director’s Order, wherein 1) no domestically made items containing worked ivory could qualify, and 2) the exporter had to supply evidence that the item had entered through one of the “specified ports” for ivory import/export, despite the fact that these ports did not exist before 1982. If the ivory was repaired or modified after 1973, it will not qualify. If the item was originally imported after 1982, then it must demonstrably have been imported through one of the 13 ports of entry designated for antiques made of Endangered Species Act-listed species (Boston, Massachusetts; New York, New York; Baltimore, Maryland; Philadelphia, Pennsylvania; Miami, Florida; San Juan, Puerto Rico; New Orleans, Louisiana; Houston, Texas; Los Angeles, California; San Francisco, California; Anchorage, Alaska; Honolulu, Hawaii; and Chicago, Illinois).

To qualify under the antique exemption, the exporter must document the item’s age and identify the species used. Proof of age can be through scientific testing at an accredited laboratory or facility, a qualified appraisal, or provenance through other documentation, such as a detailed history of the item, family photos, ethnographic fieldwork, or other evidence that assigns the work to a known period of time. Fortunately, most musical instruments can be dated quite accurately. The species can be identified through DNA analysis (but this is unusable as the large quantities required would destroy that part of the musical instrument), or a qualified appraisal or other documentation that demonstrates the identification of the species through a detailed provenance. In practice, there have been difficulties with Fish & Wildlife permit examiners insisting on satisfying all of these dating and species methods and requiring a description of the “scientific method” used to make the species determination. Note that there are visual ways to identify the different types of ivory, except that Asian and African elephant cannot be visually distinguished. (See www.fws.gov/lab/ivory_id.php and www.fws.gov/policy/do210A1.pdf.)

Again, the ivory must not have been “repaired or modified.” U.S. Fish & Wildlife agents reviewing applications are insisting on full details of restorations, not just whether the ivory was repaired. This despite that in reality, restorers do not need to, want to, or use (expensive, illegal) new ivory. There are synthetics and ample supplies of surplus antique ivory, e.g., in the form of old piano key tops. Regardless, as the rules are written, if the ivory was repaired, they can refuse the application even if you just filled a crack with dental epoxy. Whether having glued a piece back on would result in denial is unclear.

The burden of proof has been laid heavily on the exporter in an “all are guilty until proven innocent” fashion. Fish & Wildlife agents reviewing applications since February have been virtually impossible to satisfy. Some insist appraisers are trained in biology or wildlife forensics. The director has told them they don’t have to believe any documentation and to “set a high bar.” This writer, who has been importing and exporting antique pianos for over ten years, was informed that the common knowledge, as well as published information, that piano key tops were made from African elephant ivory, was now insufficient. This was despite pointing out that I was initially told by a Fish & Wildlife official years ago that African elephant ivory (Loxodonta africana) was the correct species to specify for ivory key tops and all my other previous applications were all accepted stating this species.

The Musical Instrument Certificate or “Passport”

After being besieged by concerned touring musicians, the U.S. Fish & Wildlife Service and CITES created a new permit certificate for people traveling regularly with their instruments, called the Musical Instrument Certificate or “Passport.” The application is available on the Fish & Wildlife website (www.fws.gov/international/pdf/permit-application-form-3-200-88.pdf).

They require a signed appraisal or other documentation to demonstrate the age of the ivory-containing item, which must pre-date 1976. You must also include a signed statement (though it does not say signed by whom) that the item has not been repaired or modified on or after December 28, 1973, with any part of any species covered by the Endangered Species Act. That should suffice for antiques (over 100 years old), but for export of younger items, it additionally says the applicant must also state whether the item was bought, sold, or “offered for sale by you or anyone else” since December 28, 1973, in which case “there may be a need for additional information and the Division of Management Authority will contact you directly.”

Confusingly on the form, this last category is apparently not applicable if your instrument includes African elephant ivory. What is worrisome is that the wording opens the door to interpretation by the examining agent to not allow the export at all if the subject item contains elephant ivory. Additionally worrisome is the inclusion of a note that African elephant ivory removed from the wild after February 4, 1977, is not considered to be pre-Convention (for the purposes of this application, since it most certainly is in the rest of the world). Given the recent difficulty in establishing the species of elephant to the satisfaction of the USFWS agents, it will likely be difficult to get approval for any personal musical instrument containing ivory to travel.

Note that you need a different CITES form for each endangered species in your instrument, including rosewood and tortoiseshell. Also note that you and your instrument will need to exit and enter the country ONLY through one of the 13 designated ports for ivory: www.fws.gov/le/designated-ports.html.

If your instrument contains a listed endangered plant species, you are further restricted to exit and enter through a designated port for listed plant species: www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/cites.p….

Obviously this makes travel arrangements even more complicated and there are no plans to expand on the number of designated ports.

A fee of $75 is due with the application, which can take 45–60 days or more for approval, processing, and return. The certificate is good for three years, but you must bring the instrument back into the issuing country before it expires, at which point you can apply for a new certificate.

For all forms applicable to musical instruments, see: www.fws.gov/international/permits/by-activity/musical-instruments.html.

Domestic: intrastate and 

interstate trade and movement

Beginning on June 26, 2014, domestic sellers of items containing worked African elephant ivory must demonstrate that any item offered for sale—whether across state lines or within a state—was lawfully imported prior to the CITES Appendix-I listing of the African elephant (January 1990) or under a CITES pre-Convention certificate. Appendix-I covers species around the world most at risk as a result of international trade. Non-commercial movement is still allowed. There has been no clarification of how commercial may be defined beyond sale or what documentation is needed for such things as household moves. Some fear that traveling over state lines to perform at a paid concert could be considered a commercial transaction. Emphasis seems to be on sales, but given the vagueness of the rules both to the populace and the U.S. Fish & Wildlife Service agents, and recent aggressive enforcement, it is a concern. At least one piano transport truck has already been stopped and questioned with the result that the firm will no longer move pianos with ivory key tops. Another said they would just leave any questioned piano on the roadside and keep going. 

Unfortunately for musicians and others involved with legally obtained pre-Convention ivory, public support for the ban is being fanned with false numbers, hysteria, dramatic photos, and endorsements by celebrities who apparently can’t do the simple research required to discover the truth. For example, the performer Billy Joel publicly requested people save elephants by not having their pianos made with ivory keys, apparently unaware that no pianos have been made with ivory key tops in the United States since 1956 and in Europe since the 1980s. It appears that there is massive funding for public “awareness” and high-level political influence by some large conservation groups.

California, New Jersey, and New York State

Individual states have begun a hodgepodge of their own restrictions. In spring of 2012 California began to enforce a law that has been on their books since 1970 by raiding an auction house in northern California and seizing approximately $150,000 worth of ivory objects. This law has no exemption for antique and pre-Convention ivory and criminalizes possession with intent to sell, with stiff penalties. Introduced on May 8, 2014, both houses of New Jersey’s legislature quickly and quietly passed a draconian bill signed by Governor Christie on August 1, 2014. This law includes elephant, hippo, mammoth (which has been legally used to substitute for elephant ivory in recent years), narwhal, walrus, and whale ivory. It is unlawful to import, sell, purchase, offer for sale, barter, or possess with intent to sell any item containing ivory. 

There are no exceptions for antiques or pre-Convention ivory. It is legal to convey ivory to the legal beneficiary of an estate after death or in anticipation of death. The penalties are stiff, and ivory products will be seized and transferred to the New Jersey Department of Environmental Protection for “proper disposition.” The New York State legislature quickly followed with a ban on the sale of elephant and mammoth ivory and rhinoceros horn that Governor Cuomo supports. The New York Department of Environmental Conservation may issue permits for the sale of documented antiques over 100 years old and containing less than 20 percent ivory and musical instruments made prior to 1976 (this is bad luck for the New York owners of Bösendorfers and Hamburg Steinways made in the 1980s with ivory key tops). Fines are steep and felony charges possible. (See www.governor.ny.gov/sites/thediapason.com/files/GPB44-IVORY_BILL.pdf.)

In all these cases, vagueness of wording is a serious problem. Technically, federal laws take precedence, but until court battles ensue, those with non-antique but pre-Convention ivory or insufficient “proof of provenance” will not be able to sell their items intact.

Current and potential effects

Many antique and pre-Convention cultural artifacts contain ivory, including Torah pointers, George Washington’s false teeth, medical demonstration figures, scrimshaw art, and of course, musical instruments. Key tops, guitar nuts, saddles and tuning pins, wind instrument rings, stringed instrument bows, organ stop knobs, and more have been made from ivory for its workability, beauty, availability, density, durability, and tactile and acoustic properties. Many musical instruments remain in active use for generations and commonly travel with their owners.

Already, the international import ban has prevented collectors from importing important pieces for study, performance, and recording in the United States. Because of the abrupt announcement and enforcement, quite a few people buying or selling internationally have found themselves unable to get instruments to their new homes. Reduced to the domestic market alone, musical instrument values will necessarily drop. If domestic trade is further restricted this summer, the value of ivory-containing objects will be reduced to virtually nothing, nor will anyone be able to receive a tax deduction for donations of instruments to institutions since that is considered “financial gain,” a serious potential loss of donations to colleges, universities, museums, and other public institutions.

The restriction of musical instrument certificates to instruments that have not transferred ownership for any financial gain after February 25, 2014, prevents internationally traveling musicians from upgrading, or ever again purchasing any instruments or bows containing ivory that can travel with them. Given the expense and paperwork to obtain the musical instrument passports, along with the aggressive and suspicious stance of the customs officials, it is highly likely there will be less touring of musicians in and out of the United States. Again, musical instruments containing ivory will be significantly devalued. (See www.wqxr.org/#!/story/newark-officials-seize-budapest-orchestras-violin… and www.nytimes.com/aponline/2014/08/05/us/ap-us-travel-brief-bagpipes-at-t….)

Additionally, it will take a great deal of time, paperwork, and human power to administer and enforce all these new regulations. This will cost taxpayers dearly and consume considerable personal time for applicants, while not preventing the loss of one elephant to poaching.

Look-alike problem

It is very important to point out that customs agents are rarely skilled at identifying materials and may even presume, for example, that all instruments of a type are suspect. This has resulted in items containing “look-alike” materials and even with no ivory-like material being confiscated from their cases at border crossings with no explanations. It is highly advisable to have prepared and accompany your instrument with copies of an official appraisal or listing by the maker of the materials used in your musical instrument, whether it contains any suspect species or not. Also insist, as is your right, to be present when your instrument is inspected before shipping. Take photos of what is in the crate or case before shipping.

Late-summer developments

On July 14, 2014, two bills (H.R. 5052 in the House of Representatives, and S. 2587 in the Senate) were introduced; both would prohibit U.S. Fish & Wildlife from implementing any “new rule, order, or standard regarding the sale and trade in ivory that was not in place before February 25, 2014.” As of August 2, H.R. 5052 had 20 bi-partisan co-sponsors, an encouraging development. In addition, in early July, the House Appropriations Bill for the Department of the Interior included language that would prohibit U.S. Fish & Wildlife from spending any funds to enforce any rules, orders, or standard not in place before February 25, 2014. The appropriations bill has passed the Senate but faces a battle in the House of Representatives. The appropriations bill language is intended to put a moratorium on enforcement until a permanent method of undoing the disastrous actions of February 11 and 25, 2014, can be put in place. The appropriations bill includes other language against other more publicly controversial programs, but I am hopeful the ivory section will be kept as a trade-off against other concessions. The final hurdle is, of course, whether President Obama will sign or veto any of these bills.

What you can do to help

It is urgent that we eventually press for a permanent solution to protect cultural artifacts made before any species included in them was declared endangered. The current problems are regulations and enforcement rules, not laws, and can be changed with enough pressure. Lobbyists are working for groups such as the League of American Orchestras, National Association of Music Merchants, and some private individuals (e.g., through the important Podesta Group), and are kindly sharing information and guidance. Thanks to the efforts of many, we have the promising bills to be debated in Congress. Numbers count! It is critical for as many people as possible to write to their members of Congress, the President, the Secretary of the Interior, the Director of Fish & Wildlife Services, those on the Committee for Wildlife Trafficking (www.fws.gov/international/advisory-council-wildlife-trafficking/bios.ht…), Natural Resources, and the Congressional Committee on Fisheries, Wildlife, Oceans and Insular Affairs. See https://www.govtrack.us/congress/committees/HSII/22.

Most useful is to try to get a personal or phone appointment with your senators and representatives and explain why these regulations are harmful and will not save any elephants. E-mails through their websites are also working for some. Ask them to support and co-sponsor H.R. 5052 and S. 2587. You can find your senators and representatives at www.opencongress.org/people/zipcodelookup.

The important talking points are:

• We want to end the poaching of African elephants and illicit trade in new illegal ivory, but banning the domestic sale and trade of legal ivory in the United States and preventing import of antique and pre-Convention items containing ivory will not stop poaching, nor save one living elephant. 

• The July 2014 CITES meeting emphasized that the cause of poaching is extreme poverty, lack of governance, and corruption in the affected areas. Efforts need to help the affected communities and fund intelligence operations that locate poachers and dealers.

• The ban unnecessarily hurts owners of antiques and pre-Convention items containing ivory legally imported into this country by stripping their value, resulting in a taking of billions of dollars from law-abiding Americans. The domestic ban would devastate the current market in worked ivory items, causing legitimate business owners and everyday citizens tremendous economic harm. Note how the ban will hurt you personally. The analysis of the economic effect of this ban by U.S. Fish & Wildlife is grossly understated.

• The proposed ban would make the survival of cultural and historic artifacts much more unlikely, and keep them out of collections where they would be preserved. It is highly likely that the ban and regulations are against the National Historic Preservation Act of 1966. (See www.nps.gov/history/local-law/nhpa1966.htm.)

• Even the author of the African Elephant Conservation Act of 1989 testified at a congressional hearing on June 24, 2014, that this ban will not help to stop poaching and was never the intent of the AECA. (See www.fws.gov/international/laws/aeca_fv.html.)

• The current requirements for the antique exemption for export are still virtually impossible to meet for many legally obtained items due to a lack of documentation never previously required to stay with the instruments.

• Ideally, ivory regulations should revert to where they were on February 1, 2014, which did indeed stabilize elephant populations since their inception.

This is one of those times when we all need to stand up for what is right and fair. Somehow we need to get the powers in charge to understand that not one elephant will be saved by these absurd regulations, but our cultural, historical, and musical heritage will suffer, as will private individuals and owners of small businesses.

Here is contact information for the appropriate government officials:

Sally Jewel, Secretary of the Interior

Department of the Interior

1849 C Street, N.W. 

Washington, DC 20240

E-mail: [email protected]

Web: Feedback form

Daniel M. Ashe, Fish & Wildlife, Director of External Affairs

U.S. Fish and Wildlife Service

1849 C Street, NW

Washington, DC 20240

E-mail: www.fws.gov/duspit/contactus.htm

1‑800‑344‑WILD (9453)

Barack Obama, President of the United States

The White House

1600 Pennsylvania Avenue, NW

Washington, DC 20500

E-mail: www.whitehouse.gov/contact/submit-questions-and-comments

Representative Ed Royce

Chairman, Committee on Wildlife Trafficking

1380 S. Fullerton Road, Suite 205

Rowland Heights, CA 91748

To write your local senators and congressmen see: www.opencongress.org/people/zipcodelookup. 

For further reading: www.whitehouse.gov/the-press-office/2014/02/11/fact-sheet-national-stra…. ν

Notes

1. www.cites.org/sites/thediapason.com/files/eng/com/sc/65/E-SC65-42-01_2… “Interpretation and implementation of the Convention: Species trade and conservation: Elephants: Elephant Conservation, Illegal Killing and the Ivory Trade,” Convention on International Trade in Endangered Species of Wild Flora and Fauna, 65th Meeting of the Standing Committee, Geneva, Switzerland, July 7–11, 2014, especially pp. 10–11.

2. A. M. Lemieux and R. V. Clarke, “The International Ban on Ivory Sales and its Effects on Elephant Poaching in Africa,” The British Journal of Criminology (vol. 49, no. 4), 2009, pp. 451–471.

3. Testimony of Jack Fields, June 24, 2014, at Hearing of Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs. http://docs.house.gov/
meetings/II/II22/20140624/102350/HHRG-113-II22-Wstate-FieldsJ-20140624.pdf.

New technical references among upgraded association offerings

New technical references among upgraded association offerings

ACPA has refined its educational and training programs,
offering a number of seminars that provide hands-on technical training in
concrete pavements.

The highly rated courses include "Concrete Pavement
101," a three-day training and technology transfer seminar that focuses on
technical and engineering aspects of concrete pavement design, rehabilitation
and construction issues.

ACPA's "Professors' Seminar" provides in-depth
instruction on performance and economic factors related to concrete pavements
and the latest pavement design methods, as well as mechanistic-empirical design
procedures and state-of-the-practice construction methods. The course is
limited to university professors and instructors at accredited universities
with civil engineering programs.

These courses typically sell out quickly and class size is
limited to allow for an optimal instructional environment. For information
about future courses, please contact Jim Lafrenz at 202/842-1010 (e-mail:
[email protected]) or Mike Ayers at 847/966-2272 (e-mail:
[email protected]).

ACPA contributes to research project

ACPA and several of its affiliated chapter and state paving
associations are participating in a pooled-fund research project that will
result in guidelines to improve the quality of concrete pavement.

The $1.4 million project, conducted by Iowa State
University's Center for Transportation Research and Education is called
"Material and Construction Optimization for Prevention of Premature
Pavement Distress in Portland Cement Concrete Pavements."
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ACPA and several of its chapter and state affiliates are
contributing to the pooled funding over a period of five years. ACPA staff also
is participating in an advisory capacity to the technical advisory committee.
The panel reviewed progress of the project, notably:  workability, strength development, air content, permeability
and shrinkage.

The Federal Highway Administration and 16 U.S. states also
are contributing to the project that has a combined budget of $1.2 million.
Iowa is managing the effort. Other states include Georgia, Indiana, Kansas,
Louisiana, Michigan, Minnesota, Missouri, Nebraska, New York, North Carolina,
North Dakota, Ohio, South Dakota, Texas and Wisconsin.

Test development and demonstration projects are scheduled
from 2004 through 2006. Technology transfer materials will be published
throughout the project timetable, with a final refined suite of tests for concrete
paving being published in mid-2007. The study was initiated by the Midwest
Concrete Consortium, a voluntary group of state DOT and industry experts that
meet semiannually to exchange ideas and information. It will be conducted
through an active partnership of the participating states and organizations.

For additional information, contact Jerry Voigt at
847/966-2272 (e-mail: [email protected]).

ACPA develops new technical resources

In response to the increasing demand for technical
information about concrete pavements, ACPA has developed a number of new
technical resources, including:

"Concrete Pavement Repair Manual" (JP002P):
The  definitive source of
information about concrete pavement repair methodologies. This handy field
manual fits into your back pocket and is an excellent resource for inspectors,
engineers, contractor crews and anyone involved with concrete pavement repair
on both airfields and roadways. The guidelines cover concrete pavement repair
and restoration techniques including full- and partial-depth patches, diamond
grinding and load transfer restoration.

"Constructing Smooth Concrete Pavements" (TB006P):
This technical bulletin covers all of the aspects of concrete pavement design
and construction that affect pavement smoothness. Factors discussed include
base and subbase, horizontal and vertical curves, embedded items, concrete
mixture, grade preparation, stringline setup, operation of the paving machine
and finishing crew activities. The measuring devices for smoothness measurement
in construction acceptance also are covered.

"Slag Cement Use on Paving" (PL517P): This brief
explains how using slag in concrete paving mixtures can enhance the long-term
benefits of concrete pavements. Definitions of the hydraulic activity, effects
on plastic and hardened properties also are listed.

"Airfield Joints, Jointing Arrangements and Steel"
(TB017P): This technical bulletin describes the design, layout and construction
of joints for pavements that serve aircraft larger than 100,000 lb.

John Eargle died May 9 at his home in Hollywood Hills, California, at the age of 76. An award-winning audio engineer, his long career included work for a number of record labels and for JBL and Harman International Industries. An organist before he became a recording engineer, Eargle received the BMus from the Eastman School of Music and the MMus from the University of Michigan. His teachers included Marilyn Mason and Catharine Crozier.
Eargle was born on January 6, 1931, in Tulsa, Oklahoma. In addition to his music degrees, he also earned degrees in electrical engineering from the University of Texas and Cooper Union, and then became a recording engineer, first for RCA and then for Mercury. In 1957 he headed the Klipschtape division of Klipsch and Associates and performed two recitals on the Aeolian-Skinner instruments in Longview and Kilgore, Texas, which were issued as recordings by the company.
John Eargle joined JBL as a consultant in 1976, and shortly thereafter became vice president of product development. In the early 1980s he returned to a consulting role with the title senior director, product development and application, the position he held for the rest of his life. Eargle had just completed the book The JBL Story: 60 Years of Audio Innovation and had previously co-authored JBL Audio Engineering for Sound Reinforcement, which are among ten books on audio, loudspeakers, microphones and recording that he had authored.
He was also director of recording for Delos International and engineered and produced many organ recordings, including releases by David Britton, Catharine Crozier, Michael Farris, David Higgs, Robert Noehren, Todd Wilson, and others. A member of the National Academy of Recording Arts and Sciences (NARAS), he had engineered and/or produced over 275 compact discs. He was at the forefront of the development of multi-channel surround sound. In 2001 he was awarded the Grammy for Best-Engineered Album, Classical for Dvorák: Requiem, op. 89; Symphony No. 9, op. 95.
Eargle had a deep commitment to education, presenting at many forums as a guest lecturer and serving on numerous panels and committees. He taught at the Aspen Audio Recording Institute for more than 20 years, in concert with JBL and Harman support of the Aspen Music Festival and School, and was a member of their corporate board.

Pierce Allen Getz died March 30 in Hershey, Pennsylvania. Born in 1929 in Denver, Pennsylvania, he earned a BS degree in music education from Lebanon Valley College, an MSM from Union Theological Seminary in New York City, and the DMA from the Eastman School of Music. Dr. Getz did further organ study in the U.S., Canada, the Netherlands, and at the North German Organ Academy, and also studied historical organs in Europe. A professor of music at Lebanon Valley College for 31 years, he served Market Square Presbyterian Church in Harrisburg as organist and director of music from 1987 to the present; his previous positions included serving Annville United Methodist Church for 21 years. He founded the Alumni Chorale of Lebanon Valley College in 1978 and served as its director until his death. Getz received numerous awards and honors, including the 2003 Distinguished Alumnus Award from Lebanon Valley College and the 2004 American Choral Directors Association of Pennsylvania’s Elaine Brown Award. Pierce Getz is survived by his wife of nearly 55 years, Gene Shelley Getz, a daughter and son, and two grandsons. A memorial service was held at Market Square Presbyterian Church, to which memorial contributions may be made to the Music Program, Market Square Presbyterian Church, 20 S. Second St., Harrisburg, PA 17101.

Erna Kopitz Heiller died February 4 in Vienna at the age of 85. The wife of Anton Heiller, she was an artist in her own right and became widely known as a harpsichordist; her recordings that she made with her husband Anton of the Soler Concertos for Two Keyboards and the Bach harpsichord concertos were well known. She studied at the Hochschule für Musik in Vienna during the years preceding and including World War II, following which she was part of the revival of music by composers whose music had been banned by the Nazis. She specialized in the music of Hindemith, Mendelssohn, Martin, Poulenc, and Schoenberg. Erna Heiller is survived by a daughter, a son, and five grandchildren.

Evelyn Wall Robbins died in Atlanta on February 5. Born in Lake City, South Carolina, Mrs. Robbins earned a music degree from Agnes Scott College in Decatur, Georgia, and a graduate degree from the Juilliard School. She was a student of Clarence Dickinson for 15 years, and shared a lifelong friendship with him. During her studies with Dickinson, she served as assistant organist at the Brick Presbyterian Church in New York City. In 1950 she married Homer Erwin Robbins Jr. at the Riverside Church; Virgil Fox was the organist.
Mrs. Robbins was an organist-choirmaster for many churches in Georgia, including First Presbyterian Church in Marietta, Druid Hills United Methodist Church in Decatur, and St. James Methodist Church and Peachtree Road United Methodist Church in Atlanta, and also served Salem United Church of Christ in Allentown, Pennsylvania, where she also taught organ and directed the chapel choir at Cedar Crest College. She was an active member of Choristers Guild and the American Guild of Organists, serving twice as dean of the Lehigh Valley chapter. Services were held at Belvedere United Methodist Church in Atlanta on February 8. Donations may be made to the Clarence Dickinson Society.

A. E. Schlueter Pipe Organ Company, Lithonia, Georgia

First Presbyterian Church, Savannah, Georgia

The new pipe organ for First Presbyterian Church, Savannah, Georgia is a custom-built instrument comprising 47 ranks of pipes with an eclectic specification paying homage to the American Classic school of organbuilding. A core concept of our company’s tonal ideal is “to design instruments that have warmth but not at the expense of clarity and clarity not at the expense of warmth.” We believe this to be one of the most important considerations in an instrument that draws its lineage from the organbuilding schools of Germany, France, and England. Of utmost concern was adequate support of the choir and congregation taking into account the acoustics of the church and the literature required of the organ in this worship setting.

The church musicians and organ committee had a clear vision for the type of organ they desired for worship when they contacted our firm three years ago. They listened to many instruments in order to define their ideals. Certain styles of organ design were clearly not suitable for First Presbyterian. Ultimately, they gravitated toward the collective work of Aeolian-Skinner circa 1940s–1950s as directed by G. Donald Harrison. As our firm worked with the church to develop a specification, it was decided that our work was to be in the spirit of this great builder but not a stop for stop copy. Key points of departure are found in the presence of an 8' Principal chorus in each manual division, a more dominant Choir division than would have been found in the period, and the choice of English reeds. Many of our decisions were guided by voicing sample pipes in the church prior to construction of the organ. While setting samples in the church it became evident that the French reeds often found on a Harrison-era organ would not be suitable in this acoustical environment.

During the planning and tonal finishing stages of the organ we worshipped with the choir and congregation in order to gauge critical balances and dynamic levels. We were also able to use the talents of the church musicians and other Savannah organists, each bringing their own playing and registration style to the instrument. This has been very important in the sound of the organ as it is heard in its final form.

A primary challenge was where the organ would be located. The church was built in the late 1940s and was designed to be enlarged by removing the front chancel wall. Until this came to pass, a temporary front chancel wall was built containing a large stained glass window depicting the Stations of the Cross. As the dream of a pipe organ lay dormant for many years, the congregation grew to accept the chancel design with its stained glass window and stone arch as key elements of the sanctuary. These elements were a cornerstone of the visual integrity and symmetry they wanted to maintain. Numerous design studies were undertaken with free-standing organ cases inside and outside the arch and its impact on the chancel stained glass window.

A visual design emerged from our engineering study that provided a focal point for the stained glass window with Christ as the center. The solution was to build a large chamber on the front of the sanctuary and to utilize a suspended light box for display of the window. In this manner we were able to speak around and under the window with a large degree of tonal freedom and minimal tonal occlusion. The organ chamber is built of solid concrete to concentrate the sound of the organ forward without a loss of energy. This allowed us to work with more modest scales and wind pressures than might have been required under other circumstances due to placement and chamber depth. During the installation and subsequent tonal finishing we were very pleased with the transfer of energy from this organ chamber design and construction.

The organ case was built of native white oak, finished to match other woods in the sanctuary. The lower case panels are designed as a reflective surface for the choir. The organ grille panels were designed to provide a decorative allure while acting tonally transparent. Our treatment of the organ grille panels allowed us to eliminate the use of grille cloth that is often tonally absorptive and does not allow a free exchange of air between the sanctuary and the organ chambers.

Ever mindful that an organ is musical only when it is in tune, we took great efforts in the design to provide a stable environment. A primary consideration was to place all of the manual and pedal pipework at one common level, thus avoiding differing thermo climes and the resulting tuning issues. The organ blower is located beneath the organ and draws its air from the bass of the Swell and Choir chambers. In this manner air is drawn from the same environment as the pipes to promote tuning stability. Metal windlines were used to dissipate heat buildup. The chambers were also designed with air returns in the ceiling to draw the ambient sanctuary air back into the chamber. This system is coupled to the sanctuary HVAC and runs whenever it is engaged. Thus no special controls are needed to set proper conditions in the church in respect to the organ. This careful attention to layout and other issues that affect the environmental conditions of the organ has enabled us to maintain a one-degree variance between all divisions, which promotes tuning stability.

To provide control over the volume of the organ’s resources, the organ contains two expressive boxes, one for the Swell division and one for the Choir division. Built with extra-thick shades that overlap and interlock, the expressive boxes provide wide dynamic control with electro-pneumatic servo-motors faithfully duplicating the performer’s movement of the expression shoes at the organ console. This degree of expression finds additional favor with control of the high-pressure hooded Tromba Heroique in the Choir division. Constructed with small Willis tuba shallots on 16? wind pressure, this dynamic reed is duplexed to the Great division and can be tamed for use as a chorus reed by its enclosure. Indeed, the degree of control allowed by truly effective expression allows the use of a variety of stops for choral and congregational accompaniment and tonal layering that is not often possible in other instruments.

Our firm built electro-pneumatic slider chest actions of the Blackinton variety with our electro-pneumatic primary design. This type of chest action has the ability to operate over a wide pressure range without the repetition problems and pressure limitations often associated with electric pull-down slider chests. Electro-pneumatic unit chests are provided for all large bass pipes, offset chests, and reeds.

One fabled and often debated element in organ mechanical design is the winding system of the modern organ. Often in art one can consider that anything that draws attention to itself is probably too much. This maxim is used as an internal compass in our decision-making processes. Our concern is a winding system that provides a solid wind supply without being sterile. The winding on the Savannah organ is accomplished through the use of ribbed and floating lid regulators fitted with weights and springs. The organ reeds are placed on independent wind regulators to allow a pressure differential from the flue stops and to permit independent tremulant control. All of the windchests are individually fitted with tunable concussion bellows to allow fine regulation. In this manner, we achieved stable winding that still maintains a presence of life.

The resources of the organ are controlled by a three-manual drawknob console. Built in the English style, the console sits on a rolling platform to allow mobility. The console exterior is built of white oak with an interior of mahogany and ebony. The console features modern conveniences for the organ performer such as multiple memory levels, programmable crescendo and sforzando, transposer, MIDI, and the ability to record and play back organ performances.

As the music ministry continues to grow, the organ is prepared for additional stops in the Great, Swell, and Choir divisions. There is also preparation for an Antiphonal division with a horizontal Trompette en Chamade in the rear of the sanctuary. These design considerations allow the organ to grow with the needs of the congregation.

The organ chassis, inclusive of the organ case, console, windchests, winding system and wood pipes were built entirely by the Schlueter craftsmen. Delivery and installation of the organ took five weeks with the tonal finishing lasting six weeks beyond the installation. Tonal finishing was completed under the direction of Arthur Schlueter III and Daniel Angerstein with the assistance of Lee Hendricks, John Tanner, Marc Conley, and Al Schroer. As is the practice of our firm, the tonal finishing of the organ has occurred with several repeat trips to work with the pipes and evaluate the results. We find that this method of tonal finishing results in a finer degree of voicing than is possible from one concentrated trip. It is expected that over the course of the year we will continue to make small changes and refinements.

Quality organ building is never the result of one individual but is the result of the synergy of a team. In this respect our firm was ably assisted by the clergy, music staff, church staff, organ committee chairman and the members of the organ committee. These individuals readily gave of their time and talents and provided invaluable assistance from the inception of the organ project to its installation and tonal finishing. Their effort, coupled with that of the craftsmen of our firm, has resulted in the creation of this unique instrument. We would like to take this opportunity to thank each of the individuals involved with this project. We would also like to publicly thank the members of the First Presbyterian Church in Savannah, the organ committee, and individual members including but certainly not limited to minister Stephen Williams, parish associate Nelle McC. Bordeaux, Ray McClain, organist, Jim Adams, music director, and organ committee chairman Bill Ricks.

Established in 1973, the A. E. Schlueter Pipe Organ Company is located of 20 miles east of Atlanta in the town of Lithonia, Georgia. The facility contains over 22,000 square feet of space dedicated to building organs for worship and recital. Created as a family business, the company is operated under the guidance of Arthur Schlueter, Jr. and Arthur Schlueter III. Together they provide direction to over 25 artisans in the building and rebuilding of pipe organs. In a desire to be mindful of the reason for the instruments, the seal of the company incorporates “Soli Deo Gloria,” God alone the glory. Additional information on our firm and projects can be viewed at .

—Arthur Schlueter III



A. E. Schlueter Pipe Organ Company wishes to thank its staff including:


Art Schlueter Jr.—president

Arthur Schlueter III—vice president/ tonal and artistic direction

John Tanner—vice president of production/tonal finisher

Howard Weaver—senior design engineer

Shan Dalton—office manager/ administrative assistant

Bob Parris—executive assistant

Marc Conley—shop foreman/tonal finisher

Randy Wilson—assistant shop foreman

Rob Black—master cabinetmaker/CAD organ design

Sam Polk—organ assembly, tuning assistant

Al Schroer—voicing, organ assembly & tuning

Dallas Wood—organ assembly, tuning assistant

Michael DeSimone—leather & small parts

Katrina Thornton—financial secretary

Barbra Sedlacek—office support

Joe Sedlacek, Sr.—console wiring

Joe Sedlacek, Jr.—organ assembly

Mark Montour—CNC operator/woodwright

Dustin Carlisle—organ assembly

Jeffery Chilcutt—organ assembly

Kelvin Cheatham—organ assembly

Kevin Cartwright—tuning & service

Bob Weaver—tuning & service

Othel Liles—electrical engineer

Patty Conley—organ assembly

Herb Ridgely, Jr.—sales and support staff

Don Land—sales and support staff

David Stills—sales and support staff

Noel Jones—sales and support staff

A. E. Schlueter: First Presbyterian Church, Savannah, Georgia,

III manuals, 47 ranks

GREAT (Unenclosed)

16' Sub Principal

8' Open Diapason

8' Principal

8' Harmonic Flute

8' Bourdon

8' Gemshorn (Choir)

8' Violone

4' Octave

4' Flute

2' Fifteenth

IV–V Fourniture 11?3'

8' Clarinet (Choir)

16' Tromba Heroique (non-coupling) (Choir)

8' Tromba Heroique (non-coupling)
(Choir)
4' Tromba Heroique (non-coupling) (Choir)

Zimbelstern

Chimes (Choir)

Tremulant


SWELL (Expressive)

16' Lieblich Gedeckt

8' Geigen Principal

8' Chimney Flute

8' Viole de Gambe

8' Viole Celeste

8' Flauto Dolce

8' Flute Celeste

4' Geigen Octave

4' Nachthorn

22/3' Nazard

2' Recorder

11/3' Tierce

IV Full Mixture 2'

16' Bassoon

8' Trumpet

8' Oboe

4' Clarion

Tremulant

Swell to Swell 16'

Swell Unison Off

Swell to Swell 4'


CHOIR (Expressive)

16' Gemshorn

8' Principal

8' Holzgedeckt

8' Gemshorn

8' Gemshorn Celeste

4' Principal

4' Spindle Flute

2' Fifteenth

11/3 ' Larigot

1' Sifflote

III Scharf 2/3'

8' Clarinet

16' Tromba Heroique (non-coupling)

8' Tromba Heroique (non-coupling, high-pressure, hooded)

4' Tromba Heroique (non-coupling, high-pressure)

Harp (digital)

Tremulant

Choir to Choir 16'

Choir Unison Off

Choir to Choir 4'


Antiphonal (prepared for)


PEDAL

32' Violone (digital)

32' Bourdon (digital)

16' Contra Bass (digital)

16' Sub Principal

16' Gemshorn (Choir)

16' Subbass

16' Lieblich Gedeckt (Swell)

8' Octave

8' Gemshorn (Choir)

8' Bourdon

8' Gedeckt (Swell)

4' Choral Bass

4' Cantus Flute (Great)

2' Flute (Swell)

III Mixture 22/3'

32' Contra Trombone (digital)

16' Trombone

16' Bassoon (Swell)

8' Tromba (Choir)

8' Trumpet (Swell)

4' Tromba (Choir)

4' Clarinet (Choir)



Inter-Manual Couplers

Great to Pedal 8', 4'

Swell to Pedal 8', 4'

Choir to Pedal 8', 4'

Antiphonal to Pedal 8'



Swell to Great 16', 8', 4'

Choir to Great 16', 8', 4'

Antiphonal to Great 8'

Swell to Choir 16', 8', 4'

Antiphonal to Choir 8'

Antiphonal to Swell 8'

Choir/Great Transfer (latching piston)

(divisional pistons transfer)



MIDI Controls (with record/playback)

MIDI to Great

MIDI to Swell

MIDI to Choir

MIDI to Pedal



Combination system with a minimum of 128 levels of memory

Six thumb pistons each division

12 General pistons—thumb and toe

Great to Pedal—thumb and toe

Swell to Pedal—thumb and toe

Choir to Pedal—thumb and toe

Swell to Great—thumb

Choir to Great—thumb and toe

Swell to Choir—thumb

32' Violone—reversible—thumb

32' Bourdon—thumb

32' Contra Trombone—reversible—thumb and toe

Sforzando—thumb and toe (programmable)

Crescendo Pedal (programmable)

Set Piston—thumb

General Cancel—thumb



Additional Features

Zimbelstern—9 bells

Chimes—32 notes

MIDI (programmable as preset stops)

Data File Sequencer provided for Playback/Record of organ performance

Transposer

Programmable Sforzando

Programmable Crescendo

Tracker touch keyboards