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BEAT THE CLOCK: DOT on Friday finalized a controversial rule narrowing its aviation consumer protection authority that consumer advocates had hoped would have been eliminated under President-elect Joe Biden. The rule, which was sought by the airline industry, codifies definitions for “unfair” and “deceptive” practices by airlines and ticket agents and requires DOT to show evidence that a practice meets that standard. Going forward, a practice will be considered “unfair” to consumers if it causes or is likely to cause “substantial injury, which is not reasonably avoidable” and where the “harm is not outweighed by benefits,” according to DOT. A practice will be considered “deceptive” if it misleads a consumer as he or she evaluates a product or service.
Airlines get greater voice: DOT would also have to adopt formal hearing procedures for “future discretionary regulations” on unfair and deceptive airline practices and allow airlines and ticket agents “the opportunity to be heard and present relevant evidence” before the agency takes enforcement action.
Reminder: DOT has used its authority to prohibit unfair or deceptive airline practices for actions that include penalizing tarmac delays and banning smoking. And while the agency said the changes would provide “greater transparency and predictability,” consumer advocates have said it will make it harder to challenge airlines, which have been deregulated since 1978. As our Tanya Snyder recently reported, it‘s the type of regulation that the incoming Biden administration might have killed early on if it wanted to “flex its consumer protection muscle.“ However, Biden‘s DOT would have to go through a potentially lengthy rule-making process now that it‘s been finalized.
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ROMAN HOLIDAY?: Delta Air Lines is moving forward with plans to launch the first “quarantine free” air bridge between Atlanta and Rome. Delta announced on Thanksgiving Day that it is partnering with Italian airline Alitalia to launch the program, which will rely on “carefully designed Covid-19 testing protocols.” U.S. travelers on the flights will be required to take a polymerase chain reaction (PCR) test at least 72 hours before departure, a rapid test at Hartsfield-Jackson Atlanta International, a rapid test upon arrival at Rome-Fiumicino International Airport, and a third rapid test at the airport in Rome prior to returning to the U.S. Travelers will also be asked to provide information to the CDC for contact tracing. Trial flights will begin Dec. 19.
Something’s missing: Delta said it developed the testing protocols in collaboration with the Mayo Clinic, the Georgia Department of Public Health and the Italian government. “The State of Georgia and the Italian government have demonstrated leadership in testing protocols and practices that can safely reopen international travel without quarantine requirements,” Steve Sear, president of Delta’s international operations, said in a statement. Noticeably, the airline did not mention involvement from the U.S. government. Delta, DHS, HHS, CDC and DOT did not respond to requests for comment.
Why that matters: As we’ve mentioned before, the aviation industry has been pushing for federal protocols to replace lengthy quarantines with pre-flight testing. And there have reportedly been talks between U.S. and international officials about establishing air bridges between the U.S. and certain destinations in Europe and elsewhere. While that has not happened yet, the Trump administration does seem to be at least considering lifting some travel restrictions. The White House may soon rescind entry bans for most non-U.S. citizens coming in from Brazil, Britain, Ireland and 26 other European countries, Reuters’ David Shepardson reported last week.
ANOTHER FIRST: The FAA is working with airlines to support the “first mass air shipment of a vaccine” and will grant United Airlines permission to carry five times more dry ice than is typically allowed to help safely transport Pfizer’s Covid vaccine, The Wall Street Journal reported. United will be permitted to carry 15,000 pounds of dry ice per flight as part of its plan to distribute Pfizer’s vaccine, once the product is approved by regulators, and began flying charter flights Friday to “position” doses of the vaccine for quick distribution, according to WSJ. The airline plans to ship through chartered cargo flights between Brussels International Airport and Chicago O’Hare International Airport. American Airlines has also begun operating trial flights between Miami and South America in preparation for shipping vaccines.
LEST YOU FORGET: Movement toward reducing and eliminating coronavirus transmission in the months ahead hasn’t stopped health experts from fretting about the possibility that Thanksgiving travel will contribute to a greater surge in Covid-19 cases in the more immediate future. Anthony Fauci, the government’s top infectious disease expert, said Sunday on ABC’s “This Week” that those who traveled over the weekend should quarantine and get tested to prevent an additional spike in coronavirus cases. “We have to be careful now because there almost certainly is going to be an uptick because of what has happened with the travel,” he said.
At the airports: TSA saw some of its busiest days since the start of the pandemic, surpassing 1 million in daily travel volume on at least three days starting Friday, Nov 20. The agency hit a record on the day before Thanksgiving when it screened approximately 1.1 million people. That’s the highest number since March 16, according to the agency.
LATEST ON THE MAX: Brazil’s national civil aviation authority last week joined FAA in approving the Boeing 737 MAX to fly again. Although the agency — known as ANAC — “indicated that, like Europe’s aviation regulator, it too is asking Boeing to make some further design improvements that would be retrofitted to the MAX later,” the Seattle Times’ Dominic Gates writes. ANAC did not provide details about the additional improvements it’s seeking.
THE SWING SHIFT: The chairs of 24 House committees, including Rep. Peter DeFazio (D-Ore.) of House Transportation, are asking federal agencies for information on political employees whose roles have been converted into career positions as the Trump administration nears its end. The letter is a response to an executive order from President Donald Trump creating a new class of federal officials (Schedule F) who can be more easily removed from positions with fewer protections.
The background: “Democrats and government watchdog groups have condemned the order, warning it could apply to hundreds of thousands of federal employees involved in policy work and make it easier to fire those who disagree with the administration on its policy preferences,” reports Pro’s Anthony Adragna. The process of shifting from political appointee to career employee is often called “burrowing in” and is a regular occurrence between administrations, but critics say it can run afoul of apolitical government hiring procedures.
MAILBAG: A group of construction associations and labor unions is calling on congressional appropriators to pass a fiscal 2021 spending bill, rather than just extending the continuing resolution currently in place. “The legislation should include full funding for core highway and public transit programs at authorized levels as well as increased supplemental investments in these programs,” the Transportation Construction Coalition wrote in a letter last week.
SENDING OUT AN SOS: Pennsylvania’s DOT is on the verge of shutting down hundreds of projects and potentially putting thousands out of work, if it can’t get $600 million in emergency funding from the state Legislature to make up for slumping gas tax revenue and a lack of federal assistance. PennDOT said it needs the money by Tuesday if it is to continue road and bridge projects, according to the Pittsburgh Post-Gazette.
The details: Pennsylvania Transportation Secretary Yassmin Gramian said the department expects to lose $500 to $600 million, mostly in gas tax losses from reduced driving during the pandemic. The agency will have to suspend “nearly our entire design and construction program” if it cannot borrow money, she said. “Throughout the year, the department has been moving money from one line item to another to cover costs while waiting for an expected federal stimulus package to help the states,” according to the story.
DOT appropriations run out in 11 days. The FAA reauthorization expires in 1,035 days. The surface transportation reauthorization expires in 305 days.
— “Trump’s 2016 transition defined his presidency. Biden’s might, too.” POLITICO.
— “BLM protesters chant ‘F*** Garcetti’ amid rumors L.A. mayor may join Biden administration.” Newsweek.
— “Along the crumbling Sonoma Coast, an ambitious project paves the way for ‘managed retreat.‘” Los Angeles Times.
— “Hyundai, Kia fined $137 million for delaying U.S. engine failure recalls.” CNBC.
— “Boeing 737 MAX crash victims‘ families say they fear the aircraft flying again.” ABC News.
— “Lawmakers ask GAO to study Covid transmission in aviation.” POLITICO Pro.
