Subject: POLITICO's Morning Transportation, presented by Norwegian Air: NTSB findings include closer look at two-person crews — THUD amendments flow, despite promised Obama veto — Congressmen rally to push Ways & Means on transpo funding
From: Morning Transportation <[email-masked]>
To: <[email-masked]>
Date: Tue, 17 May 2016 08:02:50 -0600

By Martine Powers and Lauren Gardner | 05/17/2016 10:00 AM EDT

With help from Heather Caygle and Jennifer Scholtes

NTSB SETTLES ON AMTRAK DERAILMENT FINDINGS: Here's what we know going into today's National Transportation Safety Board debriefing on last year's Amtrak derailment in Philadelphia: Investigators are planning to declare that the crash occurred after engineer Brandon Bostian became distracted by radio chatter about a nearby commuter train that had reported being hit with a projectile, according to a source familiar with the investigation. Bostian likely became disoriented and lost situational awareness of his location on the track as he pushed the train's throttle to its maximum speed of 106 mph on a curve with a designated speed of 50 mph.

And here's what else we know: The Amtrak investigation is prompting NTSB to take a closer look at proposed rules on two-person crews. A little birdie briefed on the proposed findings tells our Lauren Gardner that NTSB will likely urge FRA to start collecting data to help determine whether two-person crews are indeed safer than having one employee at the controls. Readers remember that the agency proposed largely mandating two-person crews in March, even though FRA acknowledged some data holes while arguing for the rule. While solo acts are rare right now in the industry, freights have indicated they'd like to go that route once PTC is widely implemented.

FWIW: In this latest case, Bostian was alone in the cab when he hit the throttle to its max speed - FRA's proposal would ensure the second crewmember maintains contact with the engineer, but it wouldn't require that person to remain in the cab with the driver. The board is also set to recommend that regulators ensure locomotives have tracking devices installed that show engineers the speed limit and location along tracks where positive train control has yet to be implemented.

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.

MT was delighted to recently discover the term "wheeltapper" - folks who can pinpoint the faulty wheel of a train just by banging a hammer onto the metal and listening closely to the sound. Check out this old-timey photo of a wheeltapper in action: bit.ly/1VZtSLS. How cool! Reach out: [email-masked] or @martinepowers.

"Give we a Ministry of Road/To build when we mash up on de road/Fix up when we movin' to de stage/Nobody cyah stop we, if it's not ah charge to pay money, kill de road, we have authority."

THUD DRAMA: Just when you thought that THUD appropriations proceedings might go off without a hitch ... the White House announced Monday that it plans to veto the Senate's fiscal 2017 proposal to fund DOT and housing and military programs. "The Administration is disappointed that the bill does not support the President's vision for a 21st Century Clean Transportation Plan that expands transportation options for American families while reducing carbon emissions, cutting oil consumption, and creating new jobs," the Office of Management and Budget said in its statement of administration policy. "The Administration urges the Congress to consider strategic opportunities to enhance revenue and
 investments."

It all comes back to trucking: The White House also quibbled with the THUD bill's 73-hour trucking work provision, saying that it has "the potential to undercut public safety." Sen. Dianne Feinstein (D-Calif.) - a vocal opponent of other initiatives pushed by the trucking industry, like twin-33s - also has her concerns about the provision. Whether she's concerned enough about the issue to offer an amendment, that's another question. "I haven't had a chance to look at it, but I will look at it and I will talk with Sen. [Susan] Collins about it," Feinstein told Lauren. "I know the compromise is 73 hours. ... The point is that we're making progress. I don't know how much progress is realistic
 to expect."

AMENDMENTS GO 'THUD': We couldn't resist utilizing the bill's onomatopoeia! Senators have started filing amendments to our beloved "T" section of the THUD bill, and we have some highlights:

- Virginia Dems Mark Warner and Tim Kaine want to change the treatment of the Federal Lands Transportation Program by placing it among the programs that have their obligation limitations reserved at the 100 percent level for FY2017. Among other things, this would help the National Park Service pay for the Arlington Memorial Bridge rehabilitation project.

- Sen. Jim Inhofe wants to be sure FAA has the money to revise its regulations for third-class medical certification for GA pilots.

- Sen. Dan Sullivan is pushing for bridges deemed structurally deficient to be rebuilt without having to go through environmental permitting processes.

- Sen. Heidi Heitkamp is proposing a report evaluating the impact of collegiate flight training on the economy and airport infrastructure.

A GRAVES OUTLOOK: Rep. Sam Graves (R-Mo.) was all #realtalk at his appearance at Monday's AASHTO/Eno Center of Transportation confab on disruptive technologies, where he forecast the future of congressional regulation of innovative transportation technologies such as self-driving cars and vehicle-to-infrastructure communications. In short ... his picture is far from rosy. "The technology is moving so fast, it really is hard to keep up with," Graves said. "Though the best opportunity would be to have a proactive approach to all of these things, the reality is - and what scares me to death more than anything else - is that it's going to end up being a reactive approach. There's going to be an
 accident or something's going to happen ... something in a catastrophic way, and then it turns into a reactionary item. And Congress will go too far, they always do. And then it comes back to the center but it takes time to take that corrective action. And that's what worries me."

A tire tax? Graves also talked about the FAST Act's funding shortcomings: "To be quite honest with you, the funding package that we have in the bill right now is really quite temporary, a lot of it doesn't have anything to do with transportation. ... We've got to look at some other options. Everything's on the table - everything from tolling to vehicle miles traveled to even the tire tax."

Sneak peek: Graves said he's working on a letter to Ways and Means leadership, calling on the group to begin to grapple in earnest with a new funding method for the Highway Trust Fund that would be incorporated into the next major tax reform bill. MT scrounged up a rough draft of the letter, which Graves is planning to send out next week, and it's already got more than 30 tentative co-signs from other members of Congress. The highlights of the letter: "Now is the time to begin searching for a solution to the HTF's long-term shortfall. ... But we recognize there is likely no silver bullet and Congress must consider a range of options to address this problem. ... As the committee pursues tax
 reform over the coming months and years, we urge you to consider the sweeping impact tax policy has on the HTF and our transportation network."

** Presented by Norwegian Air: Affordable fares to Europe for every consumer - that's the vision of Norwegian. With an $18.5 billion order for new Boeing airplanes, not only does Norwegian support the American economy, it helps to create and support over 100,000 American jobs in the United States. Get the facts: openourskies.com **

CIVIL ENGINEERING BEEF ... A funny moment from that same AASHTO/Eno panel on Monday: Utah DOT's Carlos Braceras spoke about the importance of giving state transportation agencies flexibility, even when it comes to issues like roadway design standards. He mentioned the National Association of City Transportation Official's urban street design guides - an alternative to the more old-guard AASHTO "Green Book" - and then acknowledged that state administrators don't always embrace that flexibility. "Talk to a state DOT official about NACTO," Braceras said, "and you'll probably see them twitch."

TEAMING UP: A cohort of aviation advocacy groups - headlined by the Air Line Pilots Association and the Transportation Trades Department - are teaming up to wage war against Norwegian Air International. On Monday, they submitted a joint filing to the Department of Transportation objecting to the agency's tentative approval of the low-cost airline's proposal to operate service in the United States, arguing that the NAI's entrance into the U.S. market fails to serve the public interest, and would be in violation of the U.S.-EU Air Transport Agreement.

From the filing to DOT: "Faced with an application for a foreign air carrier permit by a European air carrier that its parent airline admittedly established in an EU country for the purpose of avoiding the labor rules of its parent's home country, the Department has tentatively determined that Article 17 [of the Air Transport Agreement] cannot be used to deny the application. ... This proposed determination is wholly at odds with the terms and purposes of Article 17 bis and the Agreement as a whole. The Department should reverse its tentative decision and issue a new order stating that it proposes to deny the carrier's application."

What's next? The deadline for initial comments about DOT's tentative ruling on NAI were supposed to come earlier this month but the due date was pushed back a week at the request of several anti-NAI groups. Now, rebuttals are due by the close-of-business Monday.

HEARD IT HERE FIRST: Jennifer Scholtes broke the news last week that TSA officials warned appropriators that another request for diverted funding could be coming - and Homeland Security Secretary Jeh Johnson confirmed that publicly on Monday at Infrastructure Week's Chamber of Commerce kickoff. "With OMB, we are evaluating whether more will be necessary," Johnson told an audience at the Chamber of Commerce, noting that Congress has just granted TSA the flexibility to shift $34 million to ramp up screener staffing this summer.

MAILBAG MISCELLANY: Other letters that came across our inbox on Monday:

- The New Jersey congressional delegation wrote to TSA Administrator Peter Neffenger to request "a written update by June 17, 2016, on the progress and results of TSA's efforts to reduce wait times through April 2016, including data if available, as well as additional steps that can be taken."

- Sen. Mark Kirk (R-Ill.) to Neffenger: "On my recent trip from Chicago to Washington, I was dismayed to see the majority of screening lanes and equipment unused while hundreds of passengers waited for hours. This is unacceptable. ... Please detail how these [additional $34 million in] funds will be utilized in Chicago. ... Include your plan to fully utilize the screening equipment and space already procured by DHS and TSA."

- The Small UAV Coalition wrote to House and Senate leadership pushing for them to "ensure that Congress acts swiftly to enact comprehensive FAA reauthorization legislation before current authorities expire."

YOU DOWN WITH P3? The Bipartisan Policy Center issued a new report Monday touting public-private partnerships as the savior for crumbling U.S. infrastructure that lacks a clear stream of federal dollars to pay for its rehabilitation. The group's Executive Council on Infrastructure made several recommendations to policymakers that run the gamut from taking inventory of the physical and economic state of all public infrastructure assets to governments and private sector interests collaborating to broaden the types of revenue sources to back projects. While P3 projects can be controversial at times, "more and more people are recognizing what the gap in the quality of infrastructure is, and in
 some cases, [it's] life-threatening," former HUD Secretary Henry Cisneros said at the report rollout event Monday.

Playbook Breakfast with Secretary Ernest Moniz: POLITICO's Chief White House Correspondent Mike Allen and Pro Energy reporter Darius Dixon take Playbook live for a conversation with Energy Secretary Ernest Moniz. Wednesday, May 18 - Doors at 7:30 a.m. - The W Hotel. RSVP: http://go.politicoemail.com/?qs=0bb2240dd7ddc7f0db7ab22419f6d957302074ff4cefb9aeb0855914b6f0a28d

THE AUTOBAHN (SPEED READ):

- "Want to Buy a Self-Driving Car? Trucks May Come First." The New York Times.

- "Hawaiian, Delta Top On-Time Rankings, Spirit Airlines Last." The Associated Press.

- "MH370 search: 'decreasing possibility' plane will be found, say authorities." The Guardian.

- "Lead Uber Driver in Class-Action Suit Criticizes Settlement." Bloomberg.

THE COUNTDOWN: DOT appropriations run out in 138 days. The FAA reauthorization expires in 60 days. The 2016 presidential election is in 175 days. Highway and transit policy is up for renewal in 1,600 days.

** Presented by Norwegian Air: Norwegian is committed to affordable flights to Europe for every American. Norwegian's economic impact on the tourism, hospitality, and travel industries, along with its $18.5 billion order for new Boeing airplanes, help create and support tens of thousands of American jobs. Norwegian has the most US-based crew of any foreign airline, with plans for hundreds more, allowing it to provide communities like Ft. Lauderdale and Oakland their only nonstop scheduled flights to Europe.

Providing reliable, much-needed service is at the heart of Norwegian's mission and when airlines compete, consumers win. Get the facts on Norwegian Air International by visiting openourskies.com

American crew. American jobs. American planes. That's Norwegian. **

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