With help from Tanya Snyder and Gavin Bade
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— NTSB investigators criticized Tesla and regulators at NHTSA for failing to keep drivers safe while using the Autopilot system.
— DHS released new numbers regarding its efforts to prevent the spread of coronavirus through travel, and the agency warned that it may have to move money around to continue in the coming months.
— A trio of Senate Democrats introduced legislation aiming to realign oversight of the aviation industry toward safety, in response to the two deadly Boeing 737 MAX crashes.
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“How did I get to be so smooth? / Are you hearing? / Smooth like power steering.”
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NTSB AGAIN CALLS OUT TESLA, NHTSA: NTSB board members raked NHTSA over the coals for its hands-off approach to regulating Tesla’s Autopilot during a meeting on Tuesday.
The nuts and bolts: NTSB staff, revealing the result of their investigation into a deadly 2018 Tesla crash in California, “found that the agency did not thoroughly evaluate the effectiveness of the driver monitoring system and ensuring driver engagement, the foreseeability of future misuse of the system, the risk of future use of the system outside its operational design domain and the risks associated with the autopilot systems limitations,” according to Don Karol, the agency’s project manager for highway safety. Our Tanya Snyder has all the details for Pros. Beyond Tesla and NHTSA, investigators also excoriated big tech for its role in the accident.
NTSB ruled that the probable cause of the crash was driver distraction and flaws in the Autopilot system.
NHTSA did not respond directly to NTSB’s criticism of its failure to regulate, but said the agency “has, for years, recommended that developers of advanced driver assistance systems incorporate appropriate driver-vehicle interaction strategies.”
Tesla has been silent on the issue, having now ignored NTSB’s similar recommendations on Autopilot from a previous investigation for 882 days. While the hearing was going on, CEO Elon Musk was tweeting about ice cream.
Meanwhile: NHTSA suspended the operation of 16 autonomous shuttles run by the company EasyMile after a passenger was reportedly injured in an “apparent unexplained braking incident.” The agency said it will “continue to work with all affected parties, including EasyMile and local authorities, to evaluate potential future vehicle operations, consistent with applicable legal requirements and public safety.”
U.S. GOES ITS OWN WAY IN FIGHT FOR ROAD SAFETY: The U.S. was the only country not to sign on to a United Nations road safety declaration in Stockholm last week, in part because the American delegation felt that mentions of climate change and gender equality in the document were distractions from a data-driven approach to traffic safety. As your host writes, the abstention comes despite the Trump administration’s stated commitment to reducing road deaths.
The refusal to sign onto the nonbinding agreement comes after an overall drop in U.S. traffic deaths in 2018, but soaring numbers of pedestrians and bicyclists killed. The declaration calls on countries to set targets for reducing fatalities “for all groups of road users and especially vulnerable road users such as pedestrians, cyclists and motorcyclists and users of public transport.”
GLOBAL EV POLICIES BOOST SALES AS U.S. LAGS BEHIND: Plug-in electric vehicle sales in the European Union grew 54 percent last year as automakers ramp up production in response to new pollution rules, according to a new report from S&P Global Platts Analytics. That’s a marked contrast to the U.S., where analysts said EV sales dropped 9 percent. Read more from our friends over at Morning Energy.
CORONAVIRUS GETTING SERIOUS FOR HEALTH, SECURITY AGENCIES: U.S. health officials sharply ramped up their coronavirus warnings on Tuesday, saying that an outbreak here is now inevitable, as POLITICO’s Brianna Ehley reports.
The CDC said, as of Feb. 23, it had screened a total of 46,016 air travelers at the 11 airports taking incoming flights from China. Eleven travelers were referred to a hospital and one tested positive for infection. DHS also told CNN that it barred 126 people from entry at land ports between Feb. 2-12. Fourteen foreign nationals also were refused at U.S. airports, the department said. Our Stephanie Beasley has a roundup of all the actions the agency has taken as it implements new measures to try to prevent the spread of the virus.
Acting DHS chief Chad Wolf told appropriators on Tuesday that he’ll likely need to shift funding later this year to keep up medical monitoring for the coronavirus. “That’s really what the president has asked us to lean into,” he said. Pro’s Jennifer Scholtes has more for subscribers.
On a separate note: Wolf also signaled to lawmakers that DHS isn’t planning to extend the Oct. 1 deadline for states to issue REAL IDs, even though most Americans have yet to obtain the cards and the travel industry is worried about the impact. He said DHS is planning for “a variety of eventualities” but essentially nixed the idea of pushing back the deadline, Stephanie reports. “In our minds, the states have had over 14 years to phase this in,” Wolf said. “The law passed in 2006. So, we encourage states to invest and the majority of them have.”
SENATE TRIO PUSHES FOR FAA CHANGES: Three Senate Democrats introduced legislation on Tuesday that would make big changes to federal oversight of the aviation industry, in response to the two deadly Boeing 737 MAX crashes and ongoing investigations into the FAA’s certification process.
The legislation would establish a commission to review the FAA’s safety delegation program (Organization Designation Authorization), as well as require that FAA and manufacturer safety certification employees do not have performance standards or incentives tied to the successful delivery of aircraft. It would also boost whistleblower incentives and protections for employees, contractors, and subcontractors at manufacturers, aircraft repair stations, and the FAA. It has support from unions representing pilots, flight attendants and other aviation workers.
What they’re saying: “The system in place is broken and we must make it right before more lives are lost,” said Richard Blumenthal, the bill’s lead sponsor and a vocal critic of Boeing and the FAA in the wake of the crashes. Ed Markey and Tom Udall are also signed on.
The bill’s outlook: As always when you’re in the minority, uncertain at best. Senate Republicans held several hearings on the MAX, and seemed open to making changes, but they haven’t been forthcoming in recent months.
CRAPO RAISES THE SPECTRE OF ‘G’ FEES: At a Senate Banking Committee hearing Tuesday on surface transportation, Chairman Mike Crapo didn’t offer many hints about what will be in his committee’s transit section, but he did mention a pay-for that would be a nonstarter for him: “As Congress explores options for offsetting the cost of a multiyear reauthorization, I would remind them that Fannie Mae and Freddie Mac guarantee, or ‘G’ fees and Federal Reserve dividends and Federal Reserve surplus funds should not be used as a piggybank.”
That option has not been discussed so far, at least publicly, but the “G” fees were in the pay-fors for the last reauthorization until getting stripped out at the last second.
FEINBERG’S NEW GIG: Former FRA Administrator Sarah Feinberg will take on the job of president of New York City Transit, the subway and bus system that carries more than 2 billion people a year, on an interim basis, POLITICO’s Dana Rubinstein reports from New York.
— “The high-stakes data fight over the future of transportation.” Protocol.
— “U.S. regulator: Airlines should complete inspections on 737 MAX panels before flying.” Reuters.
— “Uber and Lyft generate 70 percent more pollution than trips they displace: study.” The Verge.
— “American Airlines renews partnership with Qatar Airways after $25 billion subsidy rift.” Dallas Morning News.
— “Tesla’s followers are trying to piggyback off Elon Musk’s sales wins.” Bloomberg.
— “Protests swell across Canada after police clear rail blockade in Tyendinaga.” Global News.
DOT appropriations run out in 217 days. The FAA reauthorization expires in 1,314 days. Highway and transit policy is up for renewal in 217 days.
