INTERNATIONAL NEWS
Time: This city wants to pay commuters to bike to work
http://time.com/money/4249552/pay-commuters-bike-work-milan/
Want to reduce automobile-related pollution? Try giving people money if they bike instead of driving to work. That’s the theory behind a new proposal from city officials in Milan, which wants to pay people if they commute via bicycle.
Bloomberg Business: Aquino in $6.5 billion push for Philippine Infrastructure Legacy
The Philippines plans to solicit bids for $6.5 billion worth of projects from roads to airports before President Benigno Aquino’s six-year term ends in June, seeking to leave his successor a robust pipeline of infrastructure deals.
NATIONAL NEWS
Brookings: How Lyft and Uber can improve transit agency budgets
The emergence of ride-hailing companies like Uber and Lyft seems to pose a direct challenge to the nation’s overburdened and underfunded transit agencies, potentially siphoning off patrons most able to pay full fare. Yet, amid competition, there exists a real opportunity for collaboration in providing mobility to the agencies’ neediest customers.
Governing: In Preparation for Driverless Cars, States Start Upgrading Roads
The cars of the future may not need drivers, but that doesn’t mean they’ll be self-sufficient. In fact, they could force states and cities to upgrade their roads and other infrastructure.
Governing: An overlooked transportation alternative: bus rapid transit
As traffic congestion worsens -- with no end in sight -- and cities look for ways to enhance their public-transportation systems, light rail gets most of the attention. At least 45 light-rail systems are now in operation worldwide, with seven scheduled to open this year alone. In fact, the United States has more light-rail systems than any other country -- Germany comes in a distant second with 10.
Mineta Transportation Institute: Bikesharing and bicycle safety
http://transweb.sjsu.edu/project/1204.html
The growth of bikesharing in the United States has had a transformative impact on urban transportation. Major cities have established large bikesharing systems, including Boston, Chicago, Denver, Minneapolis-Saint Paul, New York City, Salt Lake City, the San Francisco Bay Area, Seattle, Washington DC, and others. These systems began operating as early as 2010, and no fatalities have occurred within the US as of this writing. However, three have happened in North America—two in Canada and one in Mexico.
STATE NEWS
NYMag: The Bike Wars Are Over, and the Bikes Won
http://nymag.com/daily/intelligencer/2016/03/bike-wars-are-over-and-the-bikes-won.html
Never underestimate the anger directed at bicyclists. They ride too fast, terrorizing pedestrians. They ride too slow, dangerously obstructing drivers. They don’t wear helmets or reflective bike gear, jeopardizing themselves. They shouldn’t ride in streets, which are hostile, car-only zones. They shouldn’t have their own lanes because there aren’t enough of them to take away space from cars. Yet there are so many of them that they’re running down pedestrians and therefore shouldn’t ride on sidewalks.
Boston: MBTA approves fare hike amid chaotic protest
Greater Boston public transit officials unanimously approved a system-wide average fare hike of 9.3 percent amid shouts and boos from protesters who plunged the board meeting into chaos.
The Line: Transit-oriented development in St. Paul: connections that create value
http://www.thelinemedia.com/features/todstpaul03082016.aspx
MSP’s transit investments — the METRO bus and light-rail system, the emerging arterial bus rapid transit (aBRT) system, enhanced bus service and more — are helping to build a more populous, prosperous region.
Politico Morning Transportation
By Martine Powers | 03/08/2016 05:45 AM EDT
With help from Lauren Gardner, Alex Guillen and Ryan Hutchins
ON THE VERGE: We're getting gosh-darn close to a Senate Commerce FAA bill drop - think mid-week - but don't assume that all the issues are settled between GOP and Democratic lawmakers. MT caught up with Sen. Roger Wicker (R-Miss.) at Monday evening's vote, and he said one of the remaining issues is the passenger facility charge; Wicker indicated that the proposed increase (last we heard, it would be a $2 cap raise) is far from set in stone. "Here's what I heard today - that we're far from a consensus [on PFC caps], and that there will be a vote at the committee level," Wicker said. As for how Dems and Republicans have been getting along throughout this process: "There's every chance for it to be [bipartisan]," Wicker said, "but that is not locked in."
ON THE COUNTERATTACK: Now that the PFC issue is taking center stage, airports are staking their claim to the increased cap and playing defense against critics. In a four-page rebuttal of accusations that airlines already collect too much money, the American Association of Airport Executives, Airports Council International, and the U.S. Travel Association argued that opponents of the PFC increase are playing down airports' financial needs. "We realize that it is highly unlikely that Congress will appropriate a massive increase in federal spending for airport infrastructure projects," they write. "We're merely asking that Congress allow airports to generate more local revenue themselves so they can build the safety, security, and capacity projects they need to accommodate rising demand."
Zing! "It's ironic that the airlines and their allies argue that they are overburdened with government-imposed taxes and fees while they generate increasing amounts of revenue from their own growing list of airline-imposed fees," the organizations' statement went on. "Frequent travelers know that many airlines charge passengers $25 to check a bag and $200 to change a ticket. ... By comparison, a $2 PFC increase for some passengers is a very modest adjustment especially since PFC revenue goes toward building airport infrastructure projects that directly benefit the airlines and our passengers."
IT'S TUESDAY: Good morning and thanks for tuning into POLITICO's Morning Transportation, your daily tipsheet on all things trains, planes, automobiles and ports.
You just don't see this every day: a real-life police chase starring a van painted to look exactly like the Mystery Machine from Scooby Doo. (The driver remains a fugitive.) Jinkies! Reach out: mpowers@politico.com or @martinepowers.
"You can hear it comin' / Like a train out of control / Surely leaves you wonderin' / Exactly where your ticket goes." (h/t Kathryn A. Wolfe)
STAKING THEIR CLAIM: Our Lauren Gardner dives into Amtrak's efforts to protect against a Surface Transportation Board's proposal to peel away some of the company's right-of-way preference on tracks owned by freight rail. "Federal law has given preference to Amtrak trains since 1973, three years after freights divested their passenger service as part of the law that created the national passenger railroad. Under the statute, intercity and commuter trains - except during emergencies - have 'preference over freight transportation in using a rail line, junction, or crossing unless the Board orders otherwise.' ...
"Now passenger and freight rail interests are sparring over whether the preference law is really settled - and the furor was all sparked by Amtrak complaining about two cases of shoddy on-time performance, which it blames on freights. The STB's response was to issue guidance suggesting Amtrak doesn't always get the run of the rails. ... The STB's document touched off a firestorm, and it's unclear how long the fight could drag on as the sleepy board navigates the controversy it stirred."
Weighing in: Amtrak's obviously peeved, but the Association of American Railroads couldn't be more delighted with the development. They're "arguing that a more holistic view of preference could lead to greater efficiency across the entire rail network. The group suggested that Amtrak's schedules should get greater scrutiny when the board investigates on-time performance issues, because many of its schedules are 'unrealistic' and don't reflect conditions on the ground." From the AAR's comments: "If Congress wanted all decisions to be resolved in Amtrak's favor, the resulting impact on the quality of freight transportation would be irrelevant."Read Lauren's full story here.
NJ TRANSIT NEGOTIATIONS CONTINUE: New Jersey Gov. Chris Christie is about to go on vacation, but he insists that he's still going to help ensure negotiators avert a disastrous transit strike. From POLITICO New Jersey's Ryan Hutchins : "Christie said Monday he wouldn't rule out of the possibility of 'locking out' NJ Transit's rail workers if a deal isn't reached with 11 labor unions, and he'd be willing to join the negotiations if asked. ... [Christie] said he isn't willing to lose any leverage as the agency and unions continue their high-stakes talks. ... The governor said he was not concerned with how a vacation will look at the state's commuter rail system creeps closer to a shutdown. The unions can go on strike Monday morning if no accord is reached."
"What I'm concerned about are the results, not the optics," Christie said. "I haven't been in one negotiating session yet. And if I can avoid it, I don't intend to be. It's not the job of the governor to negotiate this closely. It's the job of the governor to set down parameters for negotiation, which are executed by the professionals who the state has hired to negotiate these contracts."
FACING SKEPTICISM: The Independent Pilots Association got some pushback from a panel of judges in court on Monday, after the organization argued that cargo and passenger pilots should be subject to the same rest and duty regulations. Presenting its case before the U.S. Court of Appeals for the DC. Circuit, the organization representing UPS pilots asserted that the FAA's rule creates "a dual-tiered system for aviation safety that puts cargo pilots at a disadvantage," our Lauren Gardner writes.
Overstatement? But "judges pointed to the long list of factors FAA was required to assess while writing the rule, including international standards governing flight schedules and duty periods that also account for costs. They also noted that the statute gives FAA authority to consider "any other matters" it deems appropriate. 'That's about as broad as it gets,' said Judge David Tatel. ... I think you're overstating your case,' said Judge David Sentelle." Read the full recap of the court hearing here.
** A message from Harris Corporation: Aircraft in America's skies depend on technology to arrive safely, efficiently and on time. NextGen is modernizing air traffic control to reduce delays by 35 percent or 4 million hours per year. That's less fuel and down time for more up time at your destination. Congress: Keep NextGen funded and America flying. http://bit.ly/1oJZx64 **
'IT'S MUCH WORSE THAN I EXPECTED': At his National Press Club appearance on Monday,D.C. Metro General Manager Paul Wiedefeld listed a litany of promises and goals for improving service, including creating online reports on the progress in meeting FTA safety recommendations, as well as the establishment of a wide-ranging financial audit. And he also surprised some with his candor when discussing his behind-the-scenes education into WMATA's financial and management practices: "To be frank, it's much worse than I expected, or even publicly what we've been talking about," adding that he believed that some of the agency's problems had not been framed accurately to the public and to the agency's board.
More truth bombs:On WMATA's reputation: "We should be, at a minimum, the best transit system in the U.S., both in terms of its age and its meaning to the economy." On his memories of being a frustrated passenger dealing with indifferent WMATA employees: "I did not get a sense of urgency in what we were dealing with. ... I sort of lost it a little bit." On whether he plans on becoming a Washington Redskins fan: "You have a great hockey team and a great basketball team down here." Watch the full discussion: http://cs.pn/1QyG1m6
EYES IN THE SKIES: DemocraticSens. Amy Klobuchar of Minnesota and Mark Warner of Virginia have introduced legislation that would require airline employees to undergo training on how to recognize and report suspected cases of human trafficking. The Stop Trafficking on Planes Act also has a companion bill that's been introduced in the House. "Flight attendants are our eyes in the sky and are uniquely positioned to play a key role in fighting this scourge," Warner said in a statement. "This bill will improve coordination and utilize infrastructure already in place to allow our airlines and our law enforcement to better combat human trafficking."
RAHALL LANDS AT CASSIDY: Former Rep. Nick Rahall's one-year lobbying ban has lifted, and the West Virginia Democrat has joined Cassidy & Associates as a senior adviser, the shop announced Monday. Rahall, a former Natural Resources Committee chairman and Transportation Committee ranking member, will work on natural resources, public lands, transportation and infrastructure issues. Rahall told The Washington Post that he hopes to "bring together a lot of people who can enact transportation policy and ... help preserve our environment and be a good steward of our land for generations to come." Cassidy's client list includes the pro-RFS coalition Fuels America, wind developer Apex Clean Energy, BMW and Airbus - as well as Delta T, the Kentucky-based parent company of Big Ass Fans.
RISKY BUSINESS: Preliminary data suggests that the number of pedestrians killed in motor vehicle crashes in 2015 increased by 10 percent from the year before, according to a new report from the Governors Highway Safety Association that's expected to be published today. "A more recent contributing factor may be the growing use of cellphones while walking, which can be a significant source of distraction for pedestrians," the report says.
Reports galore: The American Public Transportation Association is scheduled to drop a report later Tuesday that outlines the impact that transportation access has on innovation. "Ultimately investment in local public transit helps generates new economic activity and yields a huge profit to local companies in the area," said APTA President and CEO Michael Melaniphy. Read APTA's full report here.
SPRING BREAK FOREVER: The TSA is forecasting that 65.1 million people will travel during March vacation periods, but Administrator Peter Neffenger said in a statement that agency staff will "work to reduce checkpoint wait times wherever possible." They're ready for spring break, he said. So are we.
EVENT TONIGHT - A New Agenda: Canada and the U.S. in the World: As President Barack Obama prepares to welcome Canadian Prime Minister Justin Trudeau for a historic state visit, join POLITICO and CABC for cocktails and a series of high-level conversations: Politics, Polarization and the World Economy feat. National Post Columnist John Ivison, Sen. Amy Klobuchar (D-Minn.) and Munk School of Global Affairs of the University of Toronto's Stephen Toope; A Clean Energy Agenda for North America feat. Government of Alberta's Senior Representative to the US Gitane De Silva, CAP VP for Energy Policy Greg Dotson, Port Metro Vancouver CEO Robin Silvester and NRDC Canada Project Director Anthony Swift; The Refugee Crisis and Border Security feat. Assistant Secretary for International Affairs & Chief Diplomatic Officer Alan Bersin, Director of the Wilson Center's Canada Institute Laura Dawson, Principal Deputy Assistant Secretary of the Bureau of Population, Refugees, and Migration, U.S. Department of State Henshaw, and U.S. Customs and Border Protection Commissioner Gil Kerlikowske, 5 p.m. - The Newseum. RSVP: http://bit.ly/1O72SAp Livestream: POLITICO.com/live
THE AUTOBAHN (SPEED READ):
- "14 injured when Bay Area commuter train derails; train struck downed tree, official says." The Los Angeles Times.
- "Rio's New Subway Line on Target for Olympics, Officials Say." The Wall Street Journal.
- After Boston subway cuts late-night service, Uber offers flat $5 fares between stations. The Boston Globe.
- DOT's Smart City Challenge gets cities thinking about driverless cars. CityLab.
- Portuguese Train Companies Can't Escape Snowballs. Bloomberg.
THE COUNTDOWN: DOT appropriations run out in 206 days. The FAA reauthorization expires in 23 days. The 2016 presidential election is in 244 days. Highway and transit policy is up for renewal in 1,668 days.
THE DAY AHEAD:
9 a.m. - The FAA holds the 95th meeting of the RTCA Special Committee 159. 1150 18th NW, Suite 910.
10 a.m. - The Senate Homeland Security and Governmental Affairs Committee holds a hearing on the FY2017 budget for the Homeland Security Department, with Secretary Jeh Johnson. 342 Dirksen.
10 a.m. - The State Department holds a meeting to prepare for the third session of the International Maritime Organization's Sub-Committee on Ship Systems and Equipment to be held at the IMO Headquarters, United Kingdom. The Radio Technical Commission for Maritime Services, 1611 North Kent Street, Suite 605, Arlington.
2:30 p.m. - Senate Appropriations' Homeland Security Subcommittee holds a hearing on the FY2017 budget for Customs and Border Protection and Immigration and Customs, with deputy commissioner of Customs and Border Protection Kevin McAleenan and deputy director of Immigration and Customs Enforcement Daniel Ragsdale. 138 Dirksen.
2:30 p.m. - The Surface Transportation and Merchant Marine Infrastructure, Safety and Security Subcommittee holds a hearing titled "The State of the U.S. Maritime Industry: The Federal Role." The hearing will examine U.S. maritime policy and conduct oversight over the U.S. Maritime Administration, U.S. Merchant Marine Academy, and the Federal Maritime Commission. Leaders from the U.S. Maritime Administration and the Federal Maritime Commission will testify. 253 Russell.
Did we miss an event? Let MT know at transpocalendar@politicopro.com.
** A message from Harris Corporation: Every day, thousands of aircraft flying America's skies depend on technology to arrive safely, efficiently and on time. NextGen is modernizing America's air traffic control system and is on track to reduce flight delays by 35 percent - or 4 million hours per year. That means less fuel, less down time, and more up time at your destination. It is critical that we continue investing in NextGen. Tell Congress to keep NextGen funded and to keep America flying. Harris Corporation is a leading technology innovator, solving our customers' toughest mission-critical challenges by providing solutions that connect, inform and protect. Harris supports customers in more than 125 countries, has approximately $8 billion in annual revenue and 22,000 employees worldwide. The company is organized into four business segments: Communication Systems, Space and Intelligence Systems, Electronic Systems, and Critical Networks. http://bit.ly/1oJZx64 **
Stories from POLITICO Pro
STB tweak could mean even more delays for Amtrak trainsBack
By Lauren Gardner | 03/08/2016 05:00 AM EDT
Amtrak and its advocates are up in arms over an administration proposal they say could mean trains packed with passengers will have to shove over for freights even more often, upending the rail service's historically easy access to freight-owned tracks.
Over the winter holidays, the Surface Transportation Board quietly proposed a policy statement that passenger rail interests say would fundamentally alter the preference Amtrak is given by freight railroads that own the vast majority of track over which the partially government-funded service operates.
Federal law has given preference to Amtrak trains since 1973, three years after freights divested their passenger service as part of the law that created the national passenger railroad. Under the statute, intercity and commuter trains - except during emergencies - have "preference over freight transportation in using a rail line, junction, or crossing unless the Board orders otherwise."
Amtrak spokeswoman Christina Leeds said freight trains delayed passenger trains on tracks owned by the six largest freight companies more than 95,000 times in fiscal 2015, for a total of 1 million minutes down the drain.
The concept of preference for passenger transportation existed long before Amtrak's inception, as a voluntary policy established by the freight railroads themselves for their own passenger service," Amtrak said in comments to the STB protesting the change. "From the inception of Amtrak passenger service, Congress expected that priority accorded to passenger trains should continue."
Now passenger and freight rail interests are sparring over whether the preference law is really settled - and the furor was all sparked by Amtrak complaining about two cases of shoddy on-time performance, which it blames on freights. The STB's response was to issue guidance suggesting Amtrak doesn't always get the run of the rails.
"Currently, we do not view the preference requirement as absolute," STB said in the proposed statement, adding that freights would thus not need to always make dispatching choices that favor passengers.
"Under this view of preference, the Board would take a systemic, global approach in determining whether a host carrier has granted the intercity passenger trains preference," the board added.
The STB's document touched off a firestorm, and it's unclear how long the fight could drag on as the sleepy board navigates the controversy it stirred, and as federal courts continue to weigh questions about the appropriateness of regulatory responsibilities that Congress has bestowed upon Amtrak.
The Association of American Railroads applauded STB's proposal, arguing that a more holistic view of preference could lead to greater efficiency across the entire rail network. The group suggested that Amtrak's schedules should get greater scrutiny when the board investigates on-time performance issues, because many of its schedules are "unrealistic" and don't reflect conditions on the ground.
"If Congress wanted all decisions to be resolved in Amtrak's favor, the resulting impact on the quality of freight transportation would be irrelevant," the group said in Feb. 22 comments.
STB said it decided to issue guidance "because 'preference' is not defined by statute" - potentially throwing the issue back in Congress' lap.
But some of Amtrak's boosters in Congress strongly disagree, saying lawmakers' intent was clear.
The board's suggestion "that passenger train preference is not absolute, and that it can be ignored" in certain cases "could have negative consequences for the performance of passenger trains and the people and communities they serve," Sens. Roger Wicker (R-Miss.) and Cory Booker (D-N.J.) wrote in a letter released March 3.
Along with the guidance document, STB launched a related rulemaking to define "on-time performance," a move that came nearly two years after the Supreme Court ruled that Amtrak is a governmental entity eligible to develop performance metrics for passenger rail service with FRA. Those metrics are still in flux as lower courts weigh other constitutional questions raised by freights.
Preference and on-time performance are inextricably linked, as STB has the power to investigate situations where intercity passenger service is punctual, on average, less than 80 percent of the time for two consecutive quarters. Amtrak's on-time performance can suffer if trains are forced to pull over to accommodate freights sharing the same track.
The board proposed using an old definition developed by its predecessor, the Interstate Commerce Commission, that would deem a train on-time if it arrived at its endpoint within five minutes of the scheduled arrival time for every 100 miles of travel, with a 30-minute cap.
Amtrak says the standard should measure the trains' punctuality at all intermediate stations. The Department of Transportation chimed in with a less explicit call for STB to consider on-time performance at those stops, considering most passengers don't travel exclusively between a line's endpoints.
Padded schedules negotiated between freights and Amtrak for long-distance routes are a major issue affecting on-time performance, said John Robert Smith, former chairman of the Amtrak Board of Directors.
In those instances, passenger trains are given extra time to reach their endpoints, and still be considered on time, to account for the likelihood of delays along the way. But that padding doesn't extend to intermediate stops, where customers might get stuck waiting for a train that's several minutes late - but still pull into the last stop "on time."
The extra slack time built into schedules increases fuel costs and man-hours, which in turn leads to delays when crews must be swapped out to comply with federal rest requirements, Smith said. But for the freights, he said, that extra cushion ensures they receive bonus payments from Amtrak for dispatching its trains on schedule.
All this, Smith said, can make rail travel less attractive to consumers.
"If your train is significantly out of sync with on-time performance - if it's consistently late, very late - then it hammers you in your ridership," Smith said. "People don't want to stand on a platform for two hours waiting on a train."
AAR petitioned STB to write an on-time performance rule since the board suggested it would define the term while ruling on one of Amtrak's complaints against Canadian National, which was first filed in 2012.
That dispute centers on an Illinois route that saw delays more than 60 percent of the time in the last quarter of 2015, according to Sen. Dick Durbin (D-Ill.). In comments released Feb. 23, Durbin said the proposed statement "gives even greater latitude to freight railroads than they practice today when they determine, without penalty or consequence, it is right to ignore Amtrak's right of preference."
Where STB goes next on the preference statement remains to be seen. It granted a DOT request to extend the reply comment period for both documents - March 30 for on-time performance and April 13 for the policy statement on preference.
"We want them to continue to go through a rigorous fact-finding process before they take an action with finality," a Senate aide familiar with STB's work told POLITICO.
Amtrak charges that the policy statement violates federal law governing rule-makings because it would have binding effects, though STB says the proposals contain no "binding determinations."
Whether Amtrak would - or even can, given its unique affiliation with the government - sue STB over a final policy statement it opposes is uncertain. Leeds, the Amtrak spokeswoman, would not comment on the prospect.
For now, comments continue to stream in, and the majority find STB's statement troubling.
"I think that the intent of Congress was clearly that human beings get preference over freight," Smith said. "And the present action of the intended definition by STB subverts that."
On eve of vacation, Christie won't budge in NJ Transit labor disputeBack
By Ryan Hutchins | 03/07/2016 03:56 PM EDT
New Jersey Gov. Chris Christie said Monday he wouldn't rule out of the possibility of "locking out" NJ Transit's rail workers if a deal isn't reached with 11 labor unions, and he'd be willing to join the negotiations if asked.
The Republican governor - who said he was leaving for a planned vacation this week despite the threat of shutdown that could start Sunday - said he isn't willing to lose any leverage as the agency and unions continue their high-stakes talks.
"I have to leave all options on the table," Christie said after an unrelated event in Newark, adding that he wasn't saying a lockout would be appropriate or inappropriate.
"The minute you start taking things off the table and the other side is not taking anything off the table, then you wind up making your position weaker," the governor continued. "It's not my job. And I want everyone to remember that I negotiate on behalf of the fare-payers and the taxpayers. Because any money that I give to settling, they're paying for. It doesn't come from some magic, hidden, underground source."
The unions have been without a contract for five years, despite the intervention of two presidential emergency boards, both of which made proposals that NJ Transit rejected. The agency said last week it has made a new offer.
Both sides met Friday before the National Mediation Board in Washington and had a "very productive" discussion, according a spokesman for the unions. The talks resumed Monday in Newark.
Christie, who celebrates his 30th wedding anniversary this week, plans to leave Tuesday for a vacation with his wife and one of his daughters. He has not said where he is going, just that it will be warmer than New Jersey.
The governor said he was not concerned with how a vacation will look at the state's commuter rail system creeps closer to a shutdown. The unions can go on strike Monday morning if no accord is reached.
"What I'm concerned about are the results, not the optics," Christie said. "I haven't been in one negotiating session yet. And if I can avoid it, I don't intend to be. It's not the job of the governor to negotiate this closely. It's the job of the governor to set down parameters for negotiation, which are executed by the professionals who the state has hired to negotiate these contracts."
Christie said he will remain in contact with his office while away, saying he's "never fully on vacation."
A strike - or a lockout - would create a transportation nightmare in New Jersey. NJ Transit announced contingency plans last week but said it would only be able to accommodate 38 percent of commuters to New York City, leaving 65,000 people to find their own way to work. Another 55,000 daily riders who do not commute to New York would also not be accommodated by the contingency, the agency said.
In New York, during a contract dispute with the Long Island Rail Road in 2014 with a strike just six days away, Gov. Andrew Cuomo stepped in to help settle the matter. He presented himself as a neutral party able to broker a deal between the unions and the Metropolitan Transportation Authority, which operates the LIRR - never mind that the Democrat effectively controls the authority. It ended with a picture-perfect moment for Cuomo, then running for reelection.
Christie, by contrast, says he is taking a stand on behalf of fare-payers and taxpayers. He rose to national prominence in part by taking on the public-sector unions early in his first term. But the governor also would not rule out getting involved if the need arises.
If there's a point, he said, where "my involvement would be helpful in bringing together a resolution, I'd be happy to get involved."
"They do not believe my involvement would help at this point," Christie said, but he added that he's not unwilling to "be involved in bringing people together, like Gov. Cuomo did."
Linh Tat contributed to this report.
Arguments heard in case challenging 'cargo carve-out'Back
By Lauren Gardner | 03/07/2016 02:04 PM EDT
A panel of appellate court judges Monday sharply questioned a pilots union's challenge to an FAA rule that excluded cargo pilots from rest and duty requirements, suggesting Congress gave the agency broad latitude to apply its rule.
The Independent Pilots Association, which represents UPS pilots, argued before the U.S. Court of Appeals for the D.C. Circuit that the FAA's long-awaited pilot fatigue rule "ignored" Congress' directive to issue a rule based on the best available science on fatigue, and instead let cost considerations underpin the regulation. The result, the group says, is a dual-tiered system for aviation safety that puts cargo pilots at a disadvantage.
The rule in question, which applies to commercial passenger flights, was a direct response to safety gaps revealed by the 2009 crash of Colgan Air flight 3407 near Buffalo, N.Y. - though the FAA had been working on revising the standards for many years prior. Ultimately, the final rule exempted all-cargo operations, though they may choose to comply anyway.
Judges pointed to the long list of factors FAA was required to assess while writing the rule, including international standards governing flight schedules and duty periods that also account for costs. They also noted that the statute gives FAA authority to consider "any other matters" it deems appropriate.
"That's about as broad as it gets," said Judge David Tatel.
The FAA maintains that compliance costs to cargo-only carriers would far outweigh the benefits of subjecting them to stricter rest standards.
The law gives the agency the flexibility to determine the universe of pilots to include under the rule, said Department of Justice attorney Mark Pennak. General aviation pilots are not subject to the new requirements, and statistics show cargo planes crash just once every 10 years, he said.
"The bottom line is, the agency had to draw a line someplace to make this a rational rule," Pennak said.
IPA attorney Eric Pilsk said the FAA erred in basing its rule on a cost-benefit analysis and that regulators "turned their back on that science." He said FAA is limited by the context around the rule, which is that the science should guide the outcome.
The judges seemed skeptical.
"I think you're overstating your case," said Judge David Sentelle.
The panel will now consider the arguments presented by both sides, though a final judgment usually takes months.