FEDERAL AVIATION ADMINISTRATION REAUTHORIZATION BILL
On Sept. 22, leaders of the House and Senate committees on transportation announced a final bipartisan agreement on a bill that reauthorizes the FAA, National Transportation Safety Board and Transportation Security Administration while also remaking federal disaster relief programs. The final legislation authorizes a total of $96.7 billion in funding for federal aviation programs over five years (FY2019-2023). $16.8 billion of that amount is provided in the legislation itself in the form of contract authority for airport grants drawn on the Airport and Airway Trust Fund. The remaining $80.0 billion is to be appropriated in annual appropriations bills over five years. This is the longest funding authorization period for the FAA since 1982.
House leaders passed the bill last week, but the Senate was focused on a Supreme Court nomination and instead passed a seven-day extension of the current authorization to keep the agency open through Oct. 7. Senate leaders finally took up the House's bill on Wednesday, and President Trump signed it into law Friday.
Issues related to airline customer service and drones have predictably dominated most of the media coverage. The bill does significantly address unmanned aircraft systems (UAS)/drones, particularly with regard to the safe integration of UAS into the airspace, including restrictions on model aircraft flying above 400 feed and in Class B, C, D, or E airspace. Additionally, all operators, including hobbyists, would be required to pass an aeronautical knowledge and safety test. The bill also gives the FAA more flexibility in approving UAS applications and directs the agency to update its rules regarding UAS carrying property while flying for hire. Highlighted sections of the bill are discussed below.
FY 2019 APPROPRIATIONS AND CONTINUING RESOLUTION
President Trump signed a FY 2019 appropriations "minibus" bill for the Department of Defense, Labor, Health and Human Services and Education on Sept. 28. The bill also contained a Continuing Resolution to keep all other departments, including Transportation, open through Dec. 7, which will provide the House and Senate additional time to resolve their differences. For Transportation, those differences are minor and are expected to be addressed in a lame duck session after the November election.
This is actually the second appropriations bill Congress has sent to the President on time this year. Yet another "minibus" bill with appropriations for Energy and Water, the Legislative Branch, Military Construction and Veterans Affairs was signed into law in mid-September. Funding for energy programs within DOE is $13.5 billion - an increase of $554 million above the fiscal year 2018 enacted level. This funding is targeted to encourage US economic competitiveness and help advance energy independence.
HIGHLIGHTED BILLS
H.R. 302: FAA Authorization Act of 2018
The FAA, NTSB and TSA reauthorizations are included as Senate amendments to H.R. 302. The original bill, sponsored by Rep. Brett Guthrie (R-KY), provided a regulatory framework for sports medicine professionals. In addition to airline customer service and UAS, the bill addresses airport and aviation safety. Funding for the Airport Improvement Program of grants to airports is set at $3.35 billion per year through 2023.
Several sections update the 2012 FAA bill's approach to UAS/drones:
- Section 346 allows the FAA to authorize government agencies seeking to operate unmanned aircraft for activities such as police and firefighting.
- Section 347 allows the FAA to permit UAS to operate under special authority, including beyond the visual line of sight. As part of the permit, the agency is required to use a risk-based approach to determine if the aircraft can safely navigate.
- Section 348 requires FAA to update requirements to allow for commercial operation of small UAS to deliver packages or other commercial products for hire. The rulemaking must include performance-based requirements and risk assessment.
- Section 349 repeals Section 336 of the 2012 FAA bill and sets rules for recreational (or hobby) operations of UAS, including that the flyer keep the UAS away from other aircraft, keep it below 400 feet above ground level, and pass an aeronautical knowledge test.
- Section 1602 "Preventing Emerging Threats" allows the Department of Justice and Department of Homeland Security to track and intercept UAS that are considered credible threats to certain facilities or assets.
S. 3139: Transit Rail Inspection Practices (TRIP) Act of 2018
On Sept. 25, the Senate passed this bill introduced by Sen. Mike Crapo (R-ID), that would require state safety oversight agencies to conduct safety inspections of public transportation systems that provide rail fixed guideway public transportation and to direct the Secretary of Transportation to develop risk-based inspection guidance for such agencies. The bill was referred to the House Committee on Transportation and Infrastructure.
S. 3491: COMMUTE Act
Sen. Tammy Baldwin (D-WI) introduced this bill requiring USDOT to carry out a pilot program to develop and provide states and transportation planning organizations with accessibility data sets. The accessibility data set should measure the level of access to destinations such a jobs, healthcare facilities, childcare, and education and work force training centers. The competitive pilot program would select five states, 10 MPOs and five rural planning organizations.
RECENT COMMITTEE HEARINGS
TEXAS LEGISLATURE
The Texas House Select Ports/Innovation/Infrastructure Committee met on Aug. 20, 2018, to study and hear testimony on the benefits and needs of Texas' Inland/Dry Ports. Witnesses included industry representatives and Brian Ragland of TxDOT. Jim Perschbach, President/CEO of Port San Antonio, Miguel Conchas, President/CEO of the Laredo Chamber of Commerce, and Tyler Schroeder, the Senior Manager of State and Local Governments Operations for Boeing, spoke about the economic benefits of inland ports and encouraged the committee to provide funding support. Mr. Perschbach specifically recommended the Texas Mobility Fund to provide funding for inland ports.
The Texas House County Affairs Committee met on Aug. 23, 2018, to examine how emergency response activities are organized, funded, and coordinated. Dallas County Judge Clay Jenkins testified about the importance of allowing local emergency managers to handle local disasters even when they cross county lines.
The Texas Senate Transportation Committee met on Aug. 27, 2018, to hear testimony from TxDOT Executive Director James Bass and TxDOT Project Planning & Development Director Brian Barth on the effect of funding allocations made in the Unified Transportation Program (UTP) and project selection decisions on accomplishing goals described in the statewide transportation plan. Sen. Bob Hall expressed concern about how to finance repairs to rural roads damaged by unexpectedly heavy truck traffic. Mr. Bass said a federal program could help pay for the repairs. Sen. Sylvia Garcia asked for more information about Texas Clear Lanes and wondered whether rural congestion was eligible for funding. Mr. Barth explained that localized congestion that impacted statewide connectivity to metropolitan areas could be eligible. Much of the ensuing discussion focused on different funding categories and project eligibility. The Committee also reviewed penalty practices employed by toll authorities throughout the state, and especially focused on understanding habitual violators and the collection methods of different authorities. Senators encouraged toll authorities to negotiate with violators who failed to either update their address or credit card information.
The Legislative Budget Board met on Aug. 30, 2018, to hear invited and public testimony on the Texas Commission on Environmental Quality’s Legislative Appropriations Request for the FY 2020-2021 biennium. The Texas Emissions Reduction Program (TERP) will have a beginning balance of $1.6 billion, and revenue streams will expire at the end of FY 2019. TCEQ is requesting $77.4 million for each year, which maintains FY 2018-2019 funding levels. Following the Governor's veto of funding for the Low Income Repair Assistance Program (LIRAP) in 2017, TCEQ did not request funding for the program in FY 2020-2021.
The Texas Senate Natural Resources and Economic Development Committee met on Sept. 5, 2018, to hear testimony about funding for several programs, including the Texas Emissions Reduction Program (TERP). Appropriations for TERP are far below the revenues program fees generate, which the Legislature has typically deferred. However, these revenue streams are set to expire and new revenues need to be identified. Hector Rivero, President of the Texas Chemical Council, testified that TERP helped EPA-designated non-attainment areas reduce their emissions and advocated for higher appropriations or lower fees. Witnesses praised TERP but did not agree about which TERP programs to prioritize for funding. Chair Birdwell said he would direct his staff to explore the issue further.
US CONGRESS
The US House Subcommittee on Highways and Transit met on Sept. 5,
2018, to receive updates from non-federal partners regarding the various kinds of innovations used in surface transportation, such as autonomous and connected vehicles, Intelligent Transportation Systems (ITS), and Mobility on Demand (MOD). Three witnesses from public agencies - James Barna of DriveOhio (Ohio DOT), Julia Castillo of Heart of Iowa Regional Transit Agency, and Randell Iwasaki of Contra Costa Transportation Authority - joined the President/CEO of ITS America, Shailen Bhatt, in testifying to the promise of these technologies and the need for additional funding.
The US House Subcommittees on Intergovernmental Affairs and the Interior, Energy, and the Environment met on Sept. 6, 2018, to examine the economic cost of delays and inefficiencies in the federal environmental review and permitting system for infrastructure projects. Committee members and witnesses on both sides of the aisle agreed that permitting workloads and project delays are too high, though opinions differed on the best way to streamline environmental review moving forward. The Government Accountability Office found that many lead agencies are not tracking project timelines on the Permitting Dashboard required by the FAST Act, limiting the GAO's ability to compile data on the problem.
The US House Subcommittee on Aviation met on Sept. 6,
2018, to explore issues related to the integration of new aircraft (UAS/drones) into the National Airspace System (NAS). The FAA provided an overview of its work on Low Altitude Authorization and Notification Capability (LANCC), a UAS traffic management system. Like the internet, the eventual UTM will be a distributed wireless network with a variety of connectivity options, technical standards, and redundancy built-in to be resilient against hacking or occasional power outages. Industry representatives said the regulatory framework must adapt to match the sophisticated technology. Witnesses also urged quick adoption of remote identification technology for all flying machines so that they can recognize each other, and for the repeal of Section 336 of the 2012 FAA Modernization and Reform Act to reign in toy/hobby drones.
The US Senate Committee on Commerce, Science, and Transportation met on Sept. 13, 2018, to examine emerging technologies that have the potential to improve the safety and efficiency of transportation across multiple modes and explore federal policy opportunities to encourage private sector innovation. Josh Raycoft, Virgin Hyperloop One's Director of Business Strategy, testified about promising projects in Missouri and Dallas-Fort Worth and noted they are working with the Federal Railroad Administration to pursue funding. However, he stated that hyperloop technology does not neatly fit into FRA's regulatory framework and expressed hope that they can work together to clarify issues relating to safety measures and eligibility for financing. In addition, Tina Quigley, the General Manager of the Regional Transportation Commission of Southern Nevada, testified about partnerships the Las Vegas area has formed with tech firms, such as Waycare and Lyft, to address traffic congestion. She said Congressional support through funding, uniform standards, and partnerships is necessary for continued progress. Two other witnesses testified about innovative maritime technologies.
The US House Science, Space, and Technology Committee's Subcommittees on Oversight and Environment met on Sept. 13, 2018, to review EPA's regulatory proposals on the glider truck industry as well as a study of glider truck emissions. A glider truck is a vehicle comprised of a newly constructed chassis, frame, and cab combined with a remanufactured engine and transmission system from an older vehicle. In October 2016, the EPA and the National Highway Traffic Safety Administration issued a rule requiring glider vehicles to meet the emissions standards for the year in which the vehicle is assembled, rather than the year in which the engine was manufactured.
The US House Subcommittee on Railroads, Pipelines, and Hazardous Materials met on Sept. 13, 2018, to hear testimony on the status of implementing positive train control (PTC) on the freight and passenger rail network. Most railroads will have installed PTC technology or qualified for a two-year extension to complete installation, but nine railroads are at-risk of missing a Dec. 31, 2018 deadline. FRA currently considers any railroad that installed less than 90 percent of its PTC system hardware as of June 30, 2018, to be at risk. Witnesses - including representatives from FRA, the National Transportation Safety Board, Class I railroads, Amtrak, and commuter railroads - agreed that the biggest challenge post-2018 would be ensuring the interoperability of different railroads' PTC systems, since almost all of the railroads with PTC requirements share tracks with at least one other railroad. FRA will not declare a railroad fully implemented unless all tenant railroads have also implemented PTC.
The National Transportation Safety Board met on Sept. 35, 2018, to discuss the Pedestrian Safety Special Investigation Report, which is NTSB's first full consideration of pedestrian safety since the 1970s. In 2007, 11 percent of road fatalities were pedestrians, but this number climbed to 18 percent by 2016. Within that span, pedestrian fatalities increased by 27 percent, even as overall highway fatalities decreased by 14 percent. To reduce pedestrian fatalities, the report recommended updated standards fr headlights, performance test criteria for vehicle designs, improved data collection and reporting, and pedestrian collision avoidance systems and connected vehicle designs that consider pedestrian safety.
UPCOMING COMMITTEE HEARINGS
TEXAS LEGISLATURE
The Texas House Land & Resource Management Committee will meet on Tuesday, Oct. 2, 2018, at 9 am, to examine Texas' eminent domain statutes to ensure a balance between necessary infrastructure growth and fair compensation for landowners. They will make recommendations to improve the accountability, as well as successful development, of the entities granted eminent domain authority.
The Joint Select Committee on the Texas Economic Stabilization Fund will meet on Friday, Nov. 3, 2018, at 10 am, to determine and adopt a sufficient balance to maintain in the Economic Stabilization Fund. The committee will hear invited testimony only.
US CONGRESS
The US Senate Committee on Commerce, Science, and Transportation will meet on Wednesday, Oct. 3, 2018, at 10 am, to hear testimony on the current status of implementation of positive train control (PTC), anticipated compliance with the statute, and the challenges with efforts to install and operationalize PTC systems.
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