BAF NEWS
Providence Journal: Ed Rendell: Averting R.I.'s bridge crisis
http://www.providencejournal.com/article/20160210/OPINION/160219991
For too long, transportation has been underfunded at both the state and federal levels, leaving many places struggling to update their roads, bridges and transit systems. Unfortunately, as a result of a lack of sustainable funding, Rhode Island is now home to some of the worst bridges in the United States.
BAF: RhodeWorks: An Important Step for Rhode Island
http://bafuture.org/news/rhodeworks-important-step-rhode-island?platform=hootsuite
Although Americans want our roads, bridges and transit to be safe and free of gridlock, too many leaders have stalled when it comes to making the necessary investments.
NATIONAL NEWS
Streetsblog USA: Obama’s Last Budget Lays Out a Smart Vision for American Transportation
The White House released its 2017 budget [PDF] this morning, which includes more detail about the exciting but politically doomed transportation proposal President Obama outlined last week. Obama’s plan doesn’t have a chance in the current Congress, but it shows what national transportation policy centered on reducing greenhouse gas emissions might look like.
The Hill: Key Dem embraces Obama oil tax
http://thehill.com/policy/energy-environment/268785-key-dem-embraces-obama-oil-tax
House Minority Whip Steny Hoyer (D-Md.) on Tuesday embraced President Obama's proposal for a new $10 per barrel oil tax to fund green transportation initiatives.
The Hill: Feds scrutinize Megabus, BoltBus
http://thehill.com/regulation/transportation/268676-feds-scrutinize-megabus-boltbus
Megabus and other intercity bus companies are falling under scrutiny from federal regulators for safety violations.
Think Progress: In President Obama’s Final Budget, Green Priorities Take Center Stage
http://thinkprogress.org/climate/2016/02/10/3747630/obama-budget-environmental-proposals/
President Obama sent his final budget proposal to Congress Tuesday, and there’s a lot in there for environmentalists to love. Of the $4.1 trillion in proposed spending, more than $47 billion would be spent on programs related to the environment and climate change, from expanding climate resilience to greening the nation’s transportation system.
STATE NEWS
Metro Jacksonville: Obama’s Budget Includes $17 Million for BRT to Beach
http://www.metrojacksonville.com/article/2016-feb-obamas-budget-includes-17-million-for-brt-to-beach
On Tuesday morning, the Office of Management and Budget announced President Obama's Budget for Fiscal Year 2017, and it includes $17 million for the Jacksonville Transportation Authority’s (JTA) First Coast Flyer (Bus Rapid Transit) East Corridor Project.
Detroit Free Press: Snyder to propose $195M more for Flint water crisis
Gov. Rick Snyder on Wednesday is expected to request an additional $195 million to bring back safe drinking water to Flint and treat its impacted residents after highly corrosive water drawn from the Flint River leached lead throughout the city's drinking water system, according to a person familiar with the budget.
New York Times: How to Build a Streetcar That Works
SIXTY years ago, the last trolley jangled down the streets of Brooklyn, the end of an era for what was once the most common mode of transportation for urban Americans. Now streetcars are making a comeback nationwide. In the past decade, new lines have started running in eight cities; nearly a dozen more will be under construction this year.
POLITICO Morning Transportation
By Heather Caygle and Lauren Gardner | 02/10/2016 05:51 AM EDT
With help from Annie Snider
FAA JOCKEYING KICKS OFF IN EARNEST: The House Transportation Committee gets the ball rolling this morning with a hearing on Chairman Bill Shuster's sweeping FAA overhaul before T&I members reassemble Thursday to vote yea or nay on the proposal during what committee aides predict will be a long markup. Expect today's hearing to be an airing of grievances of sorts - or a "lively debate," as aides described it - for disgruntled Democrats who oppose Shuster's plan to strip air traffic control from the FAA and hand it over to a nonprofit board made up of industry representatives.
What to expect today from the witnesses in the hot seat:
- A4A President Nick Calio: "Let's be clear: This bill benefits anyone who flies. In any kind of plane. The new entity should be governed by a stakeholder board that would be accountable to all users of the system. ... It is clear that the arguments for the status quo are based on fear, not facts."
- Ed Bolen, president of the National Business Aviation Association: "Giving the airlines the unbridled power over our air traffic system, as they have long sought, is a dangerous proposition. Why? Because when the airlines are in charge of our system, and the public's elected representatives are effectively removed from the equation, there will be no means for recourse over the decisions of the board."
- NATCA President Paul Rinaldi: "We are currently in our first extension, and if we are honest with each other, we are looking at the very least, at one more extension. ... A not-for-profit independent organization run by a board of stakeholders could deliver results similar to those we have seen in Canada where NavCanada has had two decades to prove itself as a safe and innovative airspace system."
- Robert Poole, Reason Foundation transportation director: Shuster's proposal "would free the ATO from the constraints of the federal budget, with a reliable and bondable revenue stream at a level that makes sense from both an operations and a capital modernization standpoint."
DeFAZIO MIC DROP? Rep. Peter DeFazio told MT he plans to release a previously unseen "government document" shortly before today's hearing that could turn Shuster's whole ATC shakeup idea on its head. DeFazio and a coalition of groups against air traffic privatization are gathering at 9:45 a.m. for their press event.
SIGNED, SEALED, DELIVERED: Ahead of today's big hearing, it seems like every group that hadn't already weighed in on Shuster's proposal (or just wanted to double down on their position) sent a letter up to Capitol Hill yesterday. The International Air Transportation Association was the latest group to come out in support of Shuster's plan. Meanwhile, the National Air Transportation Association double down on its opposition to the proposal. And a coalition of consumer groups, including the Alliance for Aviation Across America, wrote to House leaders about grave concerns they have with shifting control of the ATC system.
- Not to be outdone: Americans Against Air Traffic Privatization will deliver over 130,000 signatures for a petition opposing the proposal to Capitol Hill this morning before the hearing kicks off. Democratic Reps. Peter DeFazio, T&I's ranking member, and Jared Huffman - plus labor reps and consumer watchdog groups - will be there for the event.
THUNE ADDS HIS TWO CENTS: Senate Commerce Chairman John Thune said Tuesday that he's open to an air traffic overhaul but cautioned that whatever plan Congress settles on shouldn't deviate too far from what various aviation sectors currently pay to use the system. "In terms of the revenue structure, you know, I think in a lot of respects, most of the people that we hear from would like to keep the current structure in place," he said.
IT'S WEDNESDAY, WE'RE READY FOR WINE: Good morning, folks, and thanks for tuning into POLITICO's Morning Transportation, your daily tipsheet on all things trains, planes, automobiles and ports. We're Heather and Lauren, rounding out our MT duties today. Martine will be back in the driver's seat - we know, we're punny - bright and early Thursday.
Your MT co-host is hankering for a big helping of BBQ after seeing this picture of Sen. Tim Scott settling his bet with Alabama Sen. Jeff Sessions over the national football championship. You'll remember that the Alabama Crimson Tide rolled over the Clemson Tigers in last month's big game. Roll Tide!
Don't be a stranger. Send tips, scoops, complaints and pictures of cute corgi puppies our way at hcaygle@politico.com and lgardner@politico.com. And don't forget to follow along on Twitter: @Gardner_LM and @heatherscope.
"El Camino with the seat low, sippin' Cuervo with no chaser ... "
BUDGET DAY IN THE BOOKS: Now that President Barack Obama's fiscal 2017 budget is out in the open, all eyes turn to the appropriators to see which parts they might embrace and which they'll toss into the trash can. "As is usually the case, the budget, when it got up here, was dead on arrival," Senate Commerce Chairman John Thune told reporters. While we all know the proposed offsets are DOA, here are some questions for the lawmakers who control the DOT's purse strings:
- The administration proposed $199 million for PTC grants, which is exactly what Congress authorized in the 2015 transportation bill - will lawmakers sign off on that number?
- Do the committees plan to designate some money specifically for self-driving vehicles, whether it be for research or pilot deployment programs?
- Will crude-by-rail issues continue to get scrutiny? Past proposals in the Senate have focused on funding efforts to boost inspection capacity, and the fiscal 2016 omnibus set a one-year deadline for DOT to complete a rule requiring shippers to turn in comprehensive oil spill response plans. Meanwhile, DOT's past proposal to house millions within the office of the secretary for a multi-modal effort to beef up the safety of shipping crude by rail is absent from the fiscal 2017 blueprint.
Roundup: In case you lost track of all the transportation-related goodies in the budget, here's a quick breakdown: The administration rounded outsome details on rail and transit funding from its big clean transportation reveal last week (though a senior DOT official later clarified that the rail portion would cover more than just high-speed projects, such as "high performance" improvements to existing service lines). The request alsoincludes more than $200 million for rail and transit safety grants. And Obama would continue his push for an infrastructure bank.
- The FAA would see a slight decrease in funding. Obama would slash the budget for the Army Corps. Meanwhile, NHTSA would get a hefty bump.
- His YOLO budget has "The Jetsons " in mind with its vision for the future. But the head of the roadbuilders association said the big ideas for funding infrastructure needs comes too late. And don't miss this handy DOT fact sheet, plus a highlights document for an even deeper dive into the proposal.
SOMETHING'S FISHY HERE: A House T&I Committee aide Tuesday defended the majority for including a provision in the FAA bill to pre-empt requirements in 22 states for rest breaks for commercial truckers - even though trucking issues have nothing to do with aviation. "The provision on intrastate trucking and what the federal regulatory role is in that was originally in the '94 FAA bill, and that's the one that is now causing problems in the trucking industry," the aide said.
Lauren had the story last week that, at least according to ranking Dem Peter DeFazio, the source of the language was Majority Leader Kevin McCarthy - whose home state of California is where the legal battle over that 1994 provision was fought - and that it may have been the cost of securing floor time for the bill. The aide denied DeFazio's floor debate suggestion Tuesday, but the tie-in to a 22-year-old law doesn't really pass the smell test.
"I don't think it's an earmark," the aide said, responding to a question from POLITICO about why a provision that had nothing to do with aviation policy ended up in the FAA bill. "It's something the members want to address. I think it's something they feel from a transportation policy point of view is important."
LITHIUM BATTERY DEBATE TAKES SPOTLIGHT: The debate over whether Congress should give the FAA power to ban the shipment of lithium batteries on planes or leave it up to international regulators is heating up heading into Thursday's markup. ALPA held a press call on the issue Tuesday, calling on Shuster to rework the bill to allow the FAA to impose safety standards for lithium battery shipments where the aviation agency sees fit. Right now, the FAA isn't allowed to impose standards stricter than what's put in place by ICAO, the U.N.'s aviation regulatory body.
Meanwhile, both the FAA and NTSB issued safety advisories on the issue Tuesday. And a coalition of manufacturing and tech groups put out a letter in support of Shuster's current legislative language.
Change could come: ICAO is expected to meet later this month to vote on whether it should adopt an international ban on lithium battery shipments on passenger planes, an idea House T&I Committee aides said they expect will be approved. But what if ICAO doesn't approve the ban, as some Democrats have suggested might happen? "I think our judgment is that's very unlikely that they're not going to along with that. And if they do, I think we'd revisit this," a committee aide said.
TRANSPO TIDBITS:
- Despite opposition from several GA and other groups, the House passed a veterans affairs bill (H.R. 3016) by voice vote during a fast-track procedure Tuesday.
- Amid all the budget hullabaloo Tuesday, President Barack Obama managed to sign the Coast Guard reauthorization (H.R. 4188) into law, which provides $9.1 billion in annual funding for fiscal 2016 and 2017.
WRDA UP (NEXT): The Senate Environment and Public Works Committee kicks off work on a new Water Resources Development Act this morning, on the heels of a FY2017 budget proposal from the Obama administration that falls short on key targets laid out in the last WRDA bill. The president's lowball budget request for the Army Corps of Engineers would fall short on spending for ports maintenance and leave money collected from industry for lock and dam projects unspent.
A new WRDA bill, just two years after the last, is expected to focus more on projects than on policy. Already, the Corps has approved 22 projects for authorization and the agency's top commander said Tuesday that 13 more project reports are due out before October. All that, key players hope, could help grease the skids for a new WRDA bill, even in a year short on legislative days and long on election-year politics.
COMPUTERS ARE PEOPLE, TOO: NHTSA has notified Google that the computer system of a driverless car design it submitted to regulators last year could be considered a "driver" under federal law, Reuters reported late Tuesday. The move, which came in a previously unreported letter posted on NHTSA's website this week, may prove to be a significant step toward putting more autonomous vehicles on the road. From the letter: "NHTSA will interpret 'driver' in the context of Google's described motor vehicle design as referring to the (self-driving system), and not to any of the vehicle occupants."
THE AUTOBAHN (SPEED READ):
- FAA relaxes D.C. drone zone restrictions. Pro.
- A Democrat's case for an ATC shift. Real Clear Policy.
- Head-on train collision in Germany kills 10, injures dozens. The Washington Post.
- Uber NLRB case delayed by union turf war. Pro Labor and Employment.
- Driving vs. Public Transportation: A side-by-side comparison from The Onion (Caution: Contains some salty language).
- Shuster weighs in on Canadian Pacific-Norfolk Southern merger. Facebook.
THE COUNTDOWN: DOT appropriations run out in 233 days. The FAA reauthorization expires in 50 days. The 2016 presidential election is in 271 days. Highway and transit policy is up for renewal in 1695 days.
THE DAY AHEAD:
9:45 a.m. - Members of the Americans Against Air Traffic Privatization will be joined by Reps. Peter DeFazio and Jared Huffman to deliver a petition opposing the removal of air traffic control from FAA oversight. 2167 Rayburn House Office Building.
10 a.m. - The House Transportation Committee holds a hearing on Chairman Bill Shuster's FAA reauthorization. Witnesses include Airlines for America President Nick Calio, National Air Traffic Controllers Association President Paul Rinaldi, National Business Aviation Association President Ed Bolen, and Robert Poole, director of transportation for the Reason Foundation. 2167 Rayburn House Office Building.
10 a.m. - The Senate EPW Committee holds a hearing on the Water Resources Development Act. 406 Dirksen Senate Office Building.
11:45 a.m. - Transportation Secretary Anthony Foxx and acting FTA Administrator Therese McMillan host a conference call announcing funding recommendations for the transit agency's capital grants program.
12:30 p.m. - Mothers Against Drunk Driving will hold a press conference to release its report on the effectiveness of ignition interlocks that prevent intoxicated drivers from starting their cars. 90 State Circle, Annapolis, Md.
1 p.m. - The General Aviation Manufacturers Association will announce the worldwide 2015 year-end aircraft shipment and billing numbers at its annual "State of the Industry" press conference. The Newseum.
2 p.m - The House Oversight Committee's government operations panel holds a hearing on the Visa Waiver program. 2154 Rayburn House Office Building.
Did we miss an event? Let MT know at transpocalendar@politicopro.com.
Stories from POLITICO Pro
IATA supports air traffic control spin off Back
By Kathryn A. Wolfe | 02/10/2016 05:51 AM EDT
The International Air Transportation Association, the global trade group for airlines, is supporting shifting air traffic control away from the FAA and into an "independent, corporatized non-profit entity," the group wrote today.
In a letter to the Democratic and Republican leadership of the House Transportation Committee, IATA wrote that the decision "should not be taken lightly," but that "after more than 20 years of debate in the United States and after similar (and successful) modernization efforts around the world, we believe that now is the time to move forward with this historic transformation."
IATA went on to argue that safety would be improved because it will "clarify the FAA's regulatory oversight of ATC," and will increase efficiency and budgetary certainty.
Thune: FAA bill should resemble current fee structure Back
By Heather Caygle | 02/10/2016 05:51 AM EDT
Sen. John Thune said today that he's open to an air traffic overhaul but cautioned that whatever plan Congress settles on shouldn't deviate too far from what various aviation sectors currently pay to use the system.
"In terms of the revenue structure, you know, I think in a lot of respects, most of the people that we hear from would like to keep the current structure in place," Thune told reporters today. "It is a user-fee based system today and I think that the closer that we can stay to what's in place today, the more likely we'll have, I think, support among people from the community that are going to be impacted by this."
Commerce Committee spokesman Frederick Hill expanded on Thune's comments later, suggesting Thune was saying that garnering support may hinge on maintaining the proportion of what various sectors currently pay into the system.
"Chairman Thune continues to believe that the House air traffic control reform proposal deserves fair consideration," Hill said. "From the input we have heard, such a change appears more viable if there is confidence that it will have a minimal impact on the proportional assessments for airspace users."
Rep. Bill Shuster's FAA proposal would shift air traffic control to a nonprofit board of mostly industry representatives that would be empowered to set new user fees. To address concerns from general aviation groups, Shuster's bill exempts from the new fee structure piston-powered planes and business jets that don't carry cargo or passengers for-hire.
ALPA to Congress: Let the FAA ban lithium battery shipments Back
By Heather Caygle | 02/10/2016 05:51 AM EDT
The Air Line Pilots Association is urging Republicans to give the FAA more firepower when it comes to banning lithium batteries on planes, ahead of a Thursday markup of an FAA reauthorization bill.
ALPA pilot Mark Rogers said his group doesn't want an outright ban written into the legislative text. They're instead asking lawmakers to remove the prohibition that prevents the FAA from regulating lithium-ion battery shipments on planes.
"We have consistently since 2004 called for lithium batteries not to be transferred on passenger and cargo aircraft until safe packaging methods can be put in place," Rogers said. "We don't believe that should necessarily be written into the legislation. We believe the FAA should be allow to make the correct safety determinations."
Currently the bill keeps in place a prohibition on FAA regulations from 2012, leaving oversight authority up to ICAO, the U.N.'s international standard-setting body for aviation.
Rogers' comments came just minutes before the FAA issued a new safety alert urging both passenger and cargo airlines to closely study the risks of shipping lithium batteries.
FAA testing has shown that lithium batteries can catch fire and explode in such a way that "current cargo fire suppression systems cannot effectively control," setting the stage for a potential "catastrophic aircraft loss."
House Transportation leaders disagree on the issue - Rep. Bill Shuster says it should be regulated by ICAO while Rep. Peter DeFazio says it's "insane" that the FAA can't ban them.
NTSB: Administration needs to tighten lithium-ion battery regs Back
By Kathryn A. Wolfe | 02/10/2016 05:51 AM EDT
The NTSB is joining the fray over regulating bulk shipments of lithium-ion batteries on planes, issuing a recommendation today that asks the administration to limit the density of batteries loaded in one place and also suggests they be kept away from flammable liquids.
The NTSB's recommendations are based on a 2011 Asiana Airlines flight hauling lithium-ion batteries from Korea to China that crashed after the pilots reported a cargo fire. The two pilots died.
Based on its research, NTSB notes that by the time an aircraft's smoke monitors detect a fire inside a container, "there is little time until the fires reach levels that can compromise the integrity of the cargo compartment and then threaten the structure and systems of the aircraft."
NTSB's letter observes that a 2012 law restricts DOT from issuing lithium-ion battery regulations that are stricter than ICAO standards. However, the NTSB notes that the same law allows PHMSA to issue regulations if it has evidence that ICAO's instructions are deficient enough to have contributed to an on-board fire that could be addressed by additional measures.
"The NTSB believes that the circumstances and findings in the Asiana Flight 991 accident constitutes such credible evidence that demonstrates a deficiency in cargo segregation requirements that would permit the [rules] to be changed to be more stringent than the current ICAO requirements," NTSB wrote.
Obama admin would slash Army Corps' budget Back
By Annie Snider | 02/10/2016 05:51 AM EDT
The Obama administration's budget blueprint would slash the Army Corps of Engineers' budget by 22 percent - a proposal sure to draw cries of protest from Congress in what has become an annual ritual.
The White House budget proposal would give the country's builder of locks, dams, levees and wetlands restoration projects $4.6 billion, down from the $5.6 billion Congress appropriated this fiscal year. It would level a 14 percent cut to the Army Corps' workhorse operations and maintenance account, bringing it down to $2.7 billion. And the budget would slash the agency's construction account - a source of much competition - from $1.86 billion to just under $1.1 billion. The Obama administration's budget documents said the cuts would be targeted to "lower priority" studies and construction.
More than $105 million of the construction dollars are tagged for restoration work in the Florida Everglades, an effort that also sees $63 million in funding under the Interior Department budget.
The proposal follows in the steps of previous budget requests from both Democratic and Republican administrations that low-balled their funding requests for the Army Corps knowing members of Congress, each with their own pet water resources project, would replenish the funds.
FAA modifies drone and model aircraft rules for D.C. airspace Back
By Kathryn A. Wolfe | 02/10/2016 05:51 AM EDT
The FAA today slightly relaxed restrictions for flying drones and model aircraft in the outermost perimeter of restricted airspace around Washington, D.C. - with some caveats.
The FAA now permits unmanned aircraft of less than 55 pounds to fly in the outermost ring of restricted airspace - between 15 and 30 miles from Washington, D.C. - as long as they are registered and marked, fly no higher than 400 feet above the ground, and are flown within the operator's line of sight in clear conditions. Other restrictions apply if drones are to fly near airports.
Drones are still prohibited within 15 miles of Washington, D.C., without specific approval from the FAA.
Uber NLRB case delayed by union turf war Back
By Brian Mahoney | 02/10/2016 05:51 AM EDT
The NLRB will delay its consideration of an International Brotherhood of Electrical Workers petition to represent Uber drivers at LaGuardia Airport in New York, citing a jurisdictional battle with a competing union.
AFL-CIO President Richard Trumka had sought delay of the case while IBEW Local 1430 and the International Association of Machinists resolved a dispute over which union would represent the drivers.
"Further processing of the petition in this case will be suspended for 40 days from the date of this letter to enable the internal union dispute resolution procedures to be utilized," the NLRB said.
IBEW Local 1430 filed a petition last week to represent 600 Uber drivers at LaGuardia, in the first-ever Uber representation petition filed at the board.



