With help from Tanya Snyder and Kelsey Tamborrino
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— The head of the FCC said his agency coordinated “extensively” with DOT on a proposal to reallocate some of the airwaves reserved for vehicle communications, which has divided lawmakers.
— Customs officials made clear on Thursday that the agency some time ago backtracked on a plan that would have required U.S. citizens to have their faces scanned at airports.
— A new DOT regulation will change how the agency conducts rulemakings, guidance and enforcement.
HAPPY FRIDAY: Thanks for tuning in to POLITICO’s Morning Transportation, your daily tipsheet on all things trains, planes, automobiles and ports. Get in touch with tips, feedback or song lyric suggestions at smintz@politico.com or @samjmintz.
“Twenty years ago I rode / By helicopter to the sky / I laughed at gravitation / For a moment I was free.” (h/t Christine Hall)
LISTEN HERE: Follow MT’s playlist on Spotify. What better way to start your day than with songs (picked by us and readers) about roads, rails, rivers and runways.
PAI SAYS FCC CONSULTED DOT ON 5.9: FCC Chairman Ajit Pai defended how his agency’s developed a proposal to open up the spectrum reserved for automotive safety at a House hearing on Thursday. As your host reports, Pai told lawmakers that he coordinated with DOT “extensively,” and that the proposal was modified to address concerns from the transportation agency. As we reported earlier on Thursday, DOT chief Elaine Chao had formally asked the FCC to hold off from issuing its proposal shortly before the telecom agency went public with it. A vote on moving forward with the rulemaking is set for next week.
Who comes down where on the Hill: The lawmakers taking sides aren’t sorting themselves by party lines. Leading Republicans and Democrats on the House Transportation Committee have asked the FCC to preserve the entire 5.9 GHz spectrum for automotive safety. But at least eight other bipartisan members of Congress support the FCC’s move, including several Energy and Commerce members like vice chair Yvette Clarke (D-N.Y.).
DOC OF THE DAY: The NTSB issued a report Thursday summing up its research and recommendations on bicycle safety. The agency caused a stir at a meeting on the subject a few weeks ago when it suggested that states should develop mandatory helmet laws. That’s mentioned in the full report, but it also includes recommendations that NHTSA do more to test cars’ abilities to avoid crashes with bikes, expand its research into bicycle safety, and develop a national strategy to increase helmet use.
NO PLANS TO MANDATE AIRPORT FACIAL RECOGNITION: CBP said Thursday that it had long ago backtracked on plans to require U.S. citizens to have their faces scanned at ports of entry, a proposal that recently sparked controversy as it bubbled to the surface. Our Stephanie Beasley reports: “Dan Tanciar, CBP’s deputy executive director for planning, program analysis and evaluation … said that while CBP had considered initiating a rulemaking in 2018 to require U.S. citizens provide photographs for a biometric entry-exit system, the agency has decided not to pursue it.” Tanciar also said the decision was made some time ago, even though the proposal popped up in the unified regulatory agenda released by the Trump administration last month.
A CBP spokesperson told Stephanie later on Thursday that the proposal was pulled “after consultation with Congress and privacy experts.”
IT’S OFFICIAL: TSA had its busiest day ever last week, screening 2,870,764 travelers on Dec. 1. More than 26 million passengers and crew passed through airport checkpoints during the Thanksgiving travel period. The agency also said that 99.8 percent of all passengers waited less than 30 minutes in a checkpoint line.
A RULE ON RULES: DOT on Thursday announced a set of changes to its approach to rulemaking, guidance and enforcement, our Tanya Snyder reports. Chao said the “rule on rules” will provide greater transparency and strengthen due process in enforcement actions. The regulation “outlines the department’s regulatory priorities, such as ensuring that there are no more regulations than necessary, that where they impose burdens, regulations are narrowly tailored to address identified market failures or statutory mandates, and that they specify performance objectives when appropriate,” according to the rule language. Specifically, it codifies several of President Donald Trump’s orders on regulation, including a directive to eliminate two regulations for every one enacted, budgeting procedures and the implementation of a Regulatory Reform Task Force.
TELL US MORE: Two top Democrats on the House Transportation Committee pressed DOT for more information on what changes the agency has made to improve its discretionary grant process, Tanya reports. Peter DeFazio and Eleanor Holmes Norton said they have yet to receive an April 2019 memo from Chao, which they requested in July, directing all DOT offices to update their policies and procedures to implement GAO recommendations on greater transparency in decision-making around INFRA freight grants. The two said they’re planning to address grant evaluation and award processes, likely in their surface transportation bill, and DeFazio said at a hearing that he’s hoping to increase funding for INFRA grants.
LOVESTRUCK TRANSPO STAFFERS: Today is Brianna Manzelli’s last day as deputy communication director for Commerce Committee Republicans. Fun fact: Manzelli is engaged to James Huddleston, a legislative aide to DeFazio, on the other side of the Capitol (and the other side of the aisle). Our favorite thing about this odd couple: The wedding website for these two transportation geeks features a reminder for guests to ensure their IDs are REAL-ID compliant or pack a passport, as their wedding is four days before the deadline and they don’t want lingering guests to be stranded.
ONE TO WATCH: The NTSB is investigating after a news helicopter in Los Angeles struck an object in midair that the pilot believed may have been a drone. There were no injuries, and the chopper landed safely. As consumer drones become more ubiquitous, federal and state officials have wrestled with how to protect airports and aircraft. In response, members of the drone industry, like leading manufacturer DJI, have repeatedly noted that incidents initially reported as drone collisions are often never confirmed or turn out to be some other cause, such as mechanical failure or a bird strike.
MAILBAG: A coalition of free market groups, led by the Competitive Enterprise Institute, wrote to members of Congress this week alerting them to a Surface Transportation Board hearing next week. The hearing will include discussion of a proposal to change the way the freight rail regulator reviews rate disputes. “Congress has made substantial efforts to reduce heavy-handed railroad regulation, including the expansion of strict rate regulation,” the letter reads. “The potential for the STB to use revenue adequacy as a means to institute price controls is deeply troubling.”
CARPER, UDALL: EPA IG REPORT ‘DISTURBING’: Sen. Tom Carper, the top Democrat on the Environment and Public Works Committee, and Sen. Tom Udall, the ranking member of the Appropriations panel responsible for Interior-EPA funding, called out former EPA Administrator Scott Pruitt and the White House after EPA’s watchdog released a report Thursday that found the agency violated two executive orders in its 2017 proposal repealing glider truck emissions rules. The duo called it “disturbing” that the agency’s “efforts were aided by the White House’s Office of Management and Budget, which impeded the IG’s investigation, covered up EPA’s wrongdoing and violated the law.” They also called on Administrator Andrew Wheeler to “do the right thing” and withdraw the glider truck proposal.
— “Uber disclosed 3,000 sexual assaults in U.S. rides last year in its long-awaited safety report.” Washington Post.
— “Volkswagen e-mobility push is the ‘backbone’ of its future plans.” POLITICO Europe.
— “OK Beemer: Why European luxury sedans are becoming a relic of the past and electric SUVs are on the rise.” Washington Post.
— “United Airlines CEO Oscar Munoz to step down.” Wall Street Journal.
— “UAW names new acting president.” POLITICO Pro.
— “Sound Transit removes safety chief after ‘sobering’ review of fatal Amtrak derailment.” My Northwest.
DOT appropriations run out in 14 days. The FAA reauthorization expires in 1,395 days. Highway and transit policy is up for renewal in 300 days.
