News: What Chevron means for NTSB

Monday, August 12, 2024

What Chevron means for NTSB

Aug 12, 2024

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By Chris Marquette, Oriana Pawlyk and Sam Ogozalek

QUICK FIX

— Will erosion of the Chevron doctrine affect the way NTSB investigations are run? We break it down.

— Trade tensions are rising between the EU and China over tariffs on electric vehicles.

— An FAA advisory committee has released guidance on how to bolster pilot training — and groups are already jockeying over it.

IT’S MONDAY: You’re reading Morning Transportation, your Washington policy guide to everything that moves. We’re glad you’re here. Send tips, feedback and song lyrics to Chris at cmarquette@politico.com, Oriana at opawlyk@politico.com and Sam at sogozalek@politico.com and follow us at @ChrisMarquette_, @Oriana0214 and @SamOgozalek.

“Silver train is a-coming / Think I'm gonna get on now, oh, yeah.”

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Driving the day

WILL CHEVRON CHANGE NTSB INVESTIGATIONS?: The Supreme Court’s decision to take an ax to the Chevron doctrine — a longstanding legal principle that provides deference to agencies on rulemakings — could spark challenges to two major rules that guide NTSB investigations — one that excludes victims’ families, and another that allows the NTSB to control the information spigot.

MAYBE NOT SUCCESSFUL: Benjamin Allen, a former assistant general counsel at NTSB who now works as partner at Holland & Knight, told POLITICO that he expects challenges to those two rules. But he also said he thought the statute was clear enough that those challenges would probably fail.

— Two NTSB board members Chris spoke to also shared Allen’s sentiment that investigations won’t change. He has the story here.

trade

SIMMERING FEUD: Tensions are escalating between the EU and China over the bloc’s new tariffs on Chinese-made electric vehicles. China has brought its dispute to the World Trade Organization, suing the EU and claiming the bloc’s investigation into Chinese EV subsidies ran afoul of global trade rules, Koen Verhelst and Camille Gijs report.

— Brussels argues that China’s EV industry holds an unfair advantage over EU car makers, while Bejing’s commerce ministry says the bloc’s probe lacks “factual and legal basis.” The two sides have been negotiating over the matter, but China’s latest action escalates the situation and is the first step in any WTO dispute settlement.

Aviation

PILOT PATH: The FAA’s Air Carrier Training ARC recently released a report on improving pilot training pathways, and its conclusions aren’t too surprising: the FAA has the authority to create new pathways to become a commercial pilot, as long as they’re safe and effective. The ARC’s recommendations mostly centered around establishing support and direct contact between commercial aviation and the broader training industry, including military aviation training, that could boost the pilot force down the line; possible collegiate aviation courses; and general requests to standardize current training and accreditation.

— But the ARC stressed any changes must not “negatively impact the sustainability of the existing pathways” — only enhance the current pilot training experience and required hours it takes to become a commercial pilot. The FAA in a statement said the agency is reviewing the recommendations.

WE WON; NO WE WON: The Air Line Pilots Association and the Regional Airline Association have regularly brawled over whether there are enough or too few pilots in the pipeline, and whether existing training requirements make it too hard to become a pilot or not. Last week, both groups suggested the ARC’s recommendations vindicated their view.

— In a statement titled “ALPA Commends FAA ACT ARC for Maintaining Highest Pilot-Training Standards,” ALPA thanked the ARC for recommendations that “keep our nation’s pilot training, qualification, and experience requirements strong and in place,” noting that the group is a long-standing supporter of “ways to open the doors of opportunity and make the pathway to getting there more affordable.”

— Separately, RAA in a statement applauded the report for what it said includes a recommendation that “FAA create additional, structured-training based pilot qualification pathways to improve safety.”

BUSY SKIES: More than 640,000 domestic flights occurred in May — a roughly 4.5 percent increase compared to the same month last year, according to airline data released by DOT on Friday. It was also a jump from April, when over 615,000 flights occurred.

The cancellation rate was 1.4 percent in May. During the same month last year, it was 0.6 percent. Airlines reported 38 tarmac delays of more than three hours on domestic flights in May. There were 11 in April.

Shipping Moves

LOOMING STRIKE: East Coast dockworkers are prepared to strike Oct. 1 if the International Longshoremen’s Association can’t reach a deal for a new six-year contract with the shipping industry. The action would halt the unloading of most cargo containers at several major ports, including in New York.

A trade group for retailers has raised concerns about the possible strike, noting that the busy holiday season is around the corner.

— “Particularly with the ongoing Red Sea conflict, extreme weather conditions, and global unrest, a labor stoppage would add yet another layer of uncertainty to retail supply chains, at a time when they are expected to be operating at full capacity to deliver for consumers,” the Retail Industry Leaders Association said in a blog post. Ry Rivard has more.

At the Agencies

BUTTIGIEG BRINGING IN BIG BUCKS: Transportation Secretary Pete Buttigieg headlined a fundraiser for Kamala Harris in Chicago on Thursday that raised over $700,000, two people who were there told Shia Kapos. The Windy City party was hosted by real estate executives and longtime Democratic donors Jonathan “Yoni” Pizer and Brad Lippitz. Rep. Mike Quigley, (D-Ill.), was also there.

DON’T MISS OUR AI & TECH SUMMIT: Join POLITICO’s AI & Tech Summit for exclusive interviews and conversations with senior tech leaders, lawmakers, officials and stakeholders about where the rising energy around global competition — and the sense of potential around AI and restoring American tech knowhow — is driving tech policy and investment. REGISTER HERE.

The Autobahn

— “What Caused a Plane to Fall From the Sky in Brazil?” The New York Times.

— “China's drivers fret as robotaxis pick up pace - and passengers.” Reuters.

— “US auto regulator opens probe into over 330,000 Hyundai SUVs over seat belts.” Reuters.

— “A powerful explosion sets off a fireball on a container ship at a Chinese port.” AP.

— “How Elon Musk Is Using His Empire to Kickstart xAI.” The Wall Street Journal.

— “Climate cash pours into election swing region. Will it help Harris?” POLITICO.

— “Billion-dollar deficits, drastic cuts: Metro faces fiscal catastrophe.” The Washington Post.

— “TSA PreCheck reaches milestone with 20 million members.” TSA.

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