Monday, June 12, 2023

Wheels up for the FAA bill

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Jun 12, 2023 View in browser
 
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By Tanya Snyder, Alex Daugherty and Irie Sentner

Presented by

Freight Rail Works

With help from James Bikales

QUICK FIX

— The House and Senate will both mark up their FAA bills this week. Only the House bill has been introduced so far.

— House Transportation Committee leaders want to keep the FAA process bipartisan, but some difficult issues like pilot retirement age are bound to get debated in markup.

— Under Ted Cruz's "surprising" leadership, Commerce Committee Republicans have been able to take down more than their fair share of Biden nominees.

IT’S MONDAY: You’re reading Morning Transportation, your Washington policy guide to everything that moves. Send tips, thoughts, song lyrics and recipes you like to adaugherty@politico.com, tsnyder@politico.com and isentner@politico.com. Find us on Twitter @alextdaugherty, @TSnyderDC and @iriesentner.

"Up go the flaps, down go the wheels / hope you got your heat turned on, baby / hope they've finally fixed your automobile / hope it's better when we meet again, babe."

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America’s freight railroads are invested in safety from every angle. From our rigorously trained employees and advanced monitoring technologies to the $23 billion we invest each year, on average, to maintain and enhance rail’s infrastructure. We take a 360-degree approach to safety because our responsibility to the people and communities we serve is what drives us forward. See how freight rail is getting safer every day.

 
Driving the day

A BIG WEEK FOR AVIATION: This week, the House and Senate will begin the formal process of passing the next FAA reauthorization into law, ideally by the Sept. 30 deadline. Expect two days of markups in the House on Tuesday and Wednesday, wrapping up early enough Wednesday to allow members to head to the Congressional Baseball Game, the real highlight of the week. On Thursday, the Senate Commerce Committee will mark up its bill. It hasn’t yet been introduced yet, but we’ve got the leaked text.

THE HOUSE BILL: The House Transportation Committee released the text of its $103 billion, five-year FAA reauthorization Friday. The bill would resolve a fight between regional airlines and pilot unions about whether to relax the rule that requires 1,500 hours to fly a commercial airplane by keeping the 1,500-hour floor but allowing 250 of those hours to be in a simulator, with 150 of those hours in a full-flight simulator. The bill also seeks to increase air traffic controller hiring, eliminate airline fees for families wishing to sit together and strengthen consumer protections, including for passengers with disabilities. Alex has the details.

The House bill would also:

clarify the NTSB's authority to investigate commercial spaceflight accidents,

— require the FAA to issue rules for drone and advanced air mobility operations, including a final rule on drone operations beyond the visual line of sight within 16 months of enactment and a proposed rule on air taxis by the beginning of 2025,

— clarify rules about what kinds of military service would bar someone from leading FAA, and

prohibit FAA funding for transit vehicles with China-owned manufacturers, drones with parts manufactured in China and Chinese-manufactured jet bridges that have “misappropriated” U.S. intellectual property or trade secrets.

The tough issues: The bill — a compromise that was jointly introduced by Democrats and Republicans — had to avoid some hot-button topics like pilot retirement age, seat size and the Ronald Reagan Washington National Airport's perimeter rule. House Transportation Chair Sam Graves (R-Mo.) and ranking member Rick Larsen (D-Wash.) are looking to avoid extended debates as much as possible by accepting only amendments with bipartisan support, with many voted on en bloc. But some debate on thorny issues is inevitable. Larsen predicted that there will be an amendment on a possible increase in the commercial pilot retirement age, which he told reporters "might be one issue where there is some bipartisan support as well as opposition" where the committee might have to "have a debate and see where it falls."

Larsen said he also expects debate over whether or not to expand the number of slots at Reagan National, saying that he himself doesn’t think the FAA bill is the right place to resolve it.

Work hard, play hard: The House markup will have to work around lawmakers’ busy athletic schedules. The markup will start at 10 a.m. Tuesday before taking a break for the Congressional Soccer Game on Tuesday evening, in which Larsen will be playing, and seeking to wrap up before the Congressional Baseball Game on Wednesday evening.

Getting it done: Graves said he’s aiming for House passage by July 1, well ahead of the Sept. 30 FAA reauthorization deadline.

 

GET READY FOR GLOBAL TECH DAY: Join POLITICO Live as we launch our first Global Tech Day alongside London Tech Week on Thursday, June 15. Register now for continuing updates and to be a part of this momentous and program-packed day! From the blockchain, to AI, and autonomous vehicles, technology is changing how power is exercised around the world, so who will write the rules? REGISTER HERE.

 
 

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Infrastructure

I-95 FIRE AND CLOSURE: A segment of I-95 in northeast Philadelphia collapsed early Sunday after a tanker truck believed to be carrying gasoline caught fire, shutting down the highway in both directions. Traffic snarls on the main north-south artery on the East Coast could continue for days or weeks. PennDOT is posting alerts and updates on this page.

Around the Agencies

NOM BOMBS: While the Biden administration has had trouble muscling several nominees through the Senate with its razor-thin Democratic majority, the Commerce Committee has been an especially difficult launchpad for Biden nominees, with Republicans on the committee recently forcing the withdrawal of NHTSA nominee Ann Carlson, FAA nominee Phil Washington and FCC nominee Gigi Sohn. “Under the surprising leadership of Sen. Ted Cruz (R-Texas)” and with a slew of purple-state Democrats on the panel, Commerce has been too high a hurdle for some, report Burgess Everett, Jennifer Haberkorn and Daniella Diaz. For now, the Biden administration is just accepting that some agencies can function without Senate-confirmed leaders.

The Senate has confirmed more than 850 Biden administration appointees so far — a better track record than the Trump administration had despite larger GOP majorities — but Commerce Chair Maria Cantwell said in a statement that “it’s no secret that Republicans have made blocking the president’s nominees a top goal."

The problem isn’t limited to Commerce, of course — Labor nominee Julie Su is struggling in the HELP Committee, and two judicial picks have withdrawn in recent weeks and a third looks likely to be defeated. Read on to see why “relatively obscure nominations are turning into Senate knife fights as 2024 approaches.”

 

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Rail

FRA ADDS SAFETY REC: The FRA on Friday issued a fifth recommendation to railroads on wayside detectors used to identify overheating wheel bearings, urging them to "evaluate the resiliency and accuracy of the overall process used to monitor and measure bearing health.” The notice comes in response to information indicating that a hot bearing detector alarmed prior to a May 10 rail accident in New Castle, Pa., suspected of being caused by burnt journal bearings.

Automobiles

MANCHIN SLAMS EV TAX CREDIT GUIDANCE: In comments submitted to the Treasury Department this morning, Sen. Joe Manchin (D-W.Va.) blasted the Biden administration’s interpretation of the domestic sourcing requirements for electric vehicle tax credits in the Inflation Reduction Act. Manchin — who has previously vowed to go to court over the 30D guidance — wrote that the proposed rule “deviates from the will of Congress” in at least three respects.

He objected to Treasury’s creation of a “50 percent of value added test” to determine whether a vehicle meets the critical minerals sourcing requirement in the law, its “constituent materials” definition that eases some requirements for sourcing battery minerals, and its broad interpretation of "free trade agreement" that allows countries like Japan to qualify for the credit if they ink a critical minerals pact with the U.S. Manchin had previously expressed support for the Japan agreement, along with similar trade pacts the Biden administration is negotiating with the EU and U.K. The comment period for the proposed rule, Reg. 120080-22, closes Friday.

 

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president’s ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.

 
 
Maritime

SEND HELP: The Chamber of Commerce on Friday urged the Biden administration to appoint an independent mediator to help resolve the West Coast port negotiations. “A serious work stoppage at the ports of Los Angeles and Long Beach would likely cost the U.S. economy nearly half a billion dollars a day — and a more widespread strike along the West Coast could cost approximately $1 billion per day,” Chamber President and CEO Suzanne Clark wrote in a letter to Biden.

A message from Freight Rail Works:

Railroads cultivate a culture of safety that extends across our nearly 140,000-mile network, helping us remain the safest way to move goods over land. In addition to our massive investments into training, technology, operations, equipment and infrastructure, we’re also dedicated to ongoing community engagement and supporting first responders with advanced tools and training. This holistic approach has produced a strong safety record, with the hazmat accident rate reaching an all-time low in 2022 – and the future promises even better results as we continue to develop innovative ways to become safer across the board.

Safety is not just a priority – it is a fundamental aspect of who we are. Our duty to the economy keeps us moving, and we’re driven forward by our responsibility to safeguard the people and communities we serve. Explore the results of our comprehensive efforts today and how we’re moving towards an even safer tomorrow.

 
The Autobahn

— “17 fatalities, 736 crashes: The shocking toll of Tesla’s Autopilot.” The Washington Post.

— “In the race to electrification, the humble bus is in the lead.” Bloomberg.

— “Gavin Newsom, please don’t cut public transit funds. That’s short-term thinking.” The New York Times.

— “India faces conundrum for its sprawling railways: Fix the old or build new.” The Wall Street Journal.

— “Chip titan TSMC's first factory in Japan has to contend with horrible traffic.” Bloomberg.

— “Chasten Buttigieg has grown up. So has his hometown.” POLITICO.

— “Car-dependent California seeks to follow New York's lead and save public transit.” The Associated Press.

— “Why America isn’t ready for the EV takeover.” The Wall Street Journal.

Did we miss an event? Let MT know at transpocalendar@politicopro.com

 

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