Transportation

Drones and air taxis will be big part of FAA bill


With help from Oriana Pawlyk and Tanya Snyder 

— Expect new entrants in the airspace to play a major role in conversations around next year’s FAA reauthorization bill that officially kick off this week.

— The FAA likely can’t do much to stop Florida Gov. Ron DeSantis and others from putting migrants on charter flights.

— Republicans begin introducing bills targeting expanded EV subsidies, a likely preview of policy efforts if Congress flips.

IT’S MONDAY: You’re reading Morning Transportation, your Washington policy guide to everything that moves. As always, send tips, pitches, feedback and song lyrics to [email protected]. You can find all of us on Twitter: @alextdaugherty,@TSnyderDC and @Oriana0214.

“Did you just double-dip that chip?/What?/You double-dipped the chip/So?/That’s like putting your whole mouth in the dip! Look, when you take a chip, just take one dip and END IT!”

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FIRST HEARING OF MANY: Capitol Hill’s first official meeting on next year’s FAA reauthorization bill kicks off on Wednesday, when the Senate Commerce Aviation Subcommittee examines “new entrants” into the airspace, including advanced air mobility and drones. The hearing includes witnesses from the Commercial Drone Alliance, FAA’s Center of Excellence for Unmanned Aircraft Systems, Honeywell Aerospace and the National Business Aviation Association.

HAILING TAXIS: And it’s expected that aircraft like eVTOL — essentially electric-powered air taxis — and other aircraft that could change the transportation landscape as well as the movement of goods someday will finally have their big(ger) debut. Reps. Rick Larsen (D-Wash.), chair of the Aviation Subcommittee, and Garret Graves (R-La.) said lawmakers will put together a “title that is focused on new entrants” in the next FAA bill. The title provision will steer the FAA in the right direction to get “some clear focus on that area,” Larsen said during an advanced air mobility summit in Washington, D.C. last week.

TWO-WAY STREET: For the eVTOL world, some companies are hoping their aircraft can be certified for flight by 2024 to officially enter into service. But Graves said it’s a two-way street when it comes to getting the message out there on what these aircraft are supposed to solve, like air service in remote rural areas, or even transport for medical services. “If we start all of a sudden throwing these aviation technologies into communities, and people just see it, they won’t know what it is,” he said adding futuristic tech is ripe for conspiracies, so part of the responsibility lies with companies, not just Congress.

It’s why keeping dialogue open on what the aviation community needs is important, and the main reason unofficial meetings are already well underway as the next bill is drafted.

MUSICAL CHAIRS: The election will also have major implications on priorities within the bill, and who is driving the discussions. While Sen. Ted Cruz (R-Texas) currently serves as ranking member of the Senate subcommittee, he’s on record stating his interest in the committee chair position since Sen. Roger Wicker (R-Miss.) intends to lead the Armed Services Committee. Sen. Jerry Moran (R-Kan.) is next in the seniority list on the Aviation Subcommittee. On the House side, Larsen is running for the top Democratic spot on the entire committee.

NO GROUND STOP: There’s likely little the FAA can do to stop DeSantis and others from putting migrants on charter flights, Oriana reports, even though President Joe Biden and other Democrats have condemned the flights as cruel publicity stunts. The same laws that give the FAA control over air safety also restrict its ability to intrude otherwise into the operations of charter companies. And the migrant flights probably don’t violate the FAA’s regulations, former agency officials say, despite accusations that DeSantis and his operatives violated the migrants’ civil rights.

STAYING OUT OF IT: The FAA itself has shown little eagerness to join the fray. When asked to discuss the bounds of the agency’s authority on DeSantis’ gambit, a spokesperson said only: “The FAA’s mission is safety.” The agency’s parent, the Department of Transportation, referred back to the FAA’s statement.

YOU CAN’T DOUBLE DIP THE CHIPS: Sen. John Thune (R-S.D.) introduced a bill, S. 4939 (117), that would prohibit automakers from taking subsidies to build new manufacturing plans while also benefiting from expanded electric vehicle tax credits given to consumers as part of the party-line tax, health care and climate bill that Democrats passed into law. Thune’s bill has no shot at advancing in the current Congress, but offers a preview of GOP efforts to chip away at the new law that are almost certain to happen if Republicans take control of Congress.

Thune said he’s not happy with automakers raising prices on electric vehicles as they are set to receive billions in federal support in an effort to spur the domestic production of EV batteries and components.

“My common-sense bill would make automakers choose between grants and loans that subsidize their manufacturing operations or having the vehicles they make remain eligible for the expanded electric vehicle tax credit,” Thune said in a statement. “Automakers shouldn’t be able to double-dip at taxpayers’ expense.”

ALL RISE: A federal judge in Boston is scheduled to hear from the Justice Department and lawyers from American Airlines and JetBlue who head to trial Tuesday to defend their alliance. DOJ has sued to unwind the venture, known as the Northeast Alliance (NEA), which allows the two airlines to share revenue and through-book tickets, among other items.

NOT ENOUGH: The lead attorney representing families of Ethiopian Airlines Flight 302 victims said that Thursday’s $200 million SEC fine for Boeing was not enough after the federal government found that the aircraft manufacturer misled investors about the two fatal crashes that grounded Boeing 737 MAX planes around the world. Former CEO Dennis Muilenburg was also fined $1 million. Boeing said Thursday that the company did not admit to or deny the SEC’s findings. Clifford signaled out Muilenburg, saying the $1 million fine was an “insult” because he left the company with a $62 million compensation package.

“Muilenburg or anyone else who persuaded the government to keep the MAX 737 Boeing flying should be fully investigated for conduct that could be criminal in nature.” said attorney Robert Clifford, who is leading a civil case against Boeing. “That includes the government examining all communications made between parties at the corporation or to anyone outside of Boeing.”

ICYMI: The Senate confirmed Robin Hutcheson to be FMCSA administrator late last week. She’s been serving in the role in an acting capacity since January, after Meera Joshi left the role for a job in New York City. Before that, Hutcheson was deputy secretary of transportation for safety policy at DOT. Trucking groups hailed her confirmation and said that she has shown “a passion for safety improvement and a willingness to engage with the industry,” in the words of Truckload Carriers Association President Jim Ward.

CHINESE RAILCAR PURCHASE RAISES BUY AMERICA RED FLAGS: Three key House Transportation Committee Republicans are asking DOT’s inspector general to investigate the Southeastern Pennsylvania Transportation Authority’s compliance with FTA Buy America requirements with regard to a railcar procurement from the state-owned China Railway Rolling Stock MA Corporation. The $138 million contract was awarded in 2017 and its initial delivery date of 2019 was pushed back to 2023.

— “L.A. County ends mask order on public transit, in airports.” Los Angeles Times.

— “Fallout grows from Metro’s train shortage amid safety probe.” Washington Post.

— “This three-mile stretch of I-10 is Arizona’s most ‘dangerous’ for crashes.” 12News.

— “Tiny Coos Bay positions itself as an answer to global freight bottlenecks.” Oregon Live.

— “The airline race for a breakthrough fuel to cut one billion tons of carbon is just starting.” CNBC.

— “While you’re in the air, pilots’ key partners may be working from home.” New York Times.

— “Breaking down The DOJ’s American-JetBlue antitrust trial.” Law360.





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