I whip my (votes) back and forth Presented by Freight Rail Works

With help from Brianna Gurciullo

I WHIP MY (VOTES) BACK AND FORTH: Today is a key moment for the House FAA bill (H.R. 2997). Will Majority Leader Kevin McCarthy have enough votes to put the legislation on the schedule for next week? Or will the shadow anti-whip operation within the GOP ranks derail it? House Transportation Chairman Bill Shuster said Wednesday evening that the whip count is “changing in a positive direction.” “All I can say is we’re working votes. We’re working members. I’ve got my list,” Shuster said. “It looks good. … It looks better every time we talk to somebody.” He said concerns about general aviation are among the topics he is discussing with his colleagues. “We’re whipping all week,” Shuster said. “I’m gonna whip until midnight tonight.” Meanwhile, Rep. Steve Russell (R-Okla.) told MT Wednesday he’s managed to flip “a few dozen” votes against the measure.

This’ll go on your permanent record: Heritage Action for America announced Wednesday that the conservative group will key vote the House bill (should it get to the floor, and as long as it doesn’t undergo “significant changes”). “Congress should not allow special interest groups, like the General Aviation community, to undermine substantial reforms to our broken aviation system,” Heritage Action Vice President Dan Holler said in a statement.

Meanwhile: Airports Council International-North America formally came out in opposition to the bill Wednesday. “Airports proposed a fix — modernizing the Passenger Facility Charge user fee — that would have allowed us to address our $100 billion in essential airport infrastructure needs without costing federal taxpayers a single penny,” ACI-NA President and CEO Kevin Burke said in a statement. “Unfortunately, this provision was not included in this bill, nor any other provision seriously addressing airport infrastructure.”

AT LAST!: The House will take up a DHS authorization bill ( H.R. 2825 (115)) today. The bill would authorize DHS for the first time since it was created and also includes measures that would ensure TSA continues to staff exits lanes, maintains 30 VIPR teams and reimburses airports that hire local law enforcement officers — all programs that the Trump administration has proposed reducing or eliminating. The DHS authorization was approved by the House Homeland Security Committee in May, but was delayed in its trek to the floor by disagreements over immigration-related measures in other items, Committee Chairman Michael McCaul (R-Texas) has said.

IT’S THURSDAY: Thanks for tuning in to POLITICO’s Morning Transportation, your daily tipsheet on all things trains, planes, automobiles and ports. Steph is driving the MT bus with Brianna for the rest of the week, so send along your tips, feedback and lyrics:

[email protected] or @Steph_Beasley and [email protected] or @brigurciullo.

“Come and tell me what you’re thinking / ‘cause just when the boat is sinking / a little light is blinking / and I will come and rescue you.”

GET LISTENING: Follow MT’s playlist on Spotify. What better way to start your day than with tunes (picked by us and readers) that are all about flying, driving, commuting and sailing

TRUMP ENCOURAGES HIGH-SPEED RAIL: The Federal Railroad Administration will issue a rule allowing high-speed trains to operate on existing railroad infrastructure. The rule will be listed among a number of expected executive regulatory actions in an updated unified agenda that OMB will release today, according to POLITICO’s Andrew Restuccia. In addition to encouraging the use of high-speed trains, the FRA rule would also allow railroads to more flexibility on train designs and permit them to incorporate “more modern, proven, and safe approaches to passenger train crashworthiness.”

ONE GIANT LEAP FOR ROBOTKIND: Congress took its most significant action to date on driverless cars on Wednesday, Tanya reports for Pros. A House panel approved a draft bill that would expand the ability of automakers to get driverless cars on the road — and curtail the ability of states and localities to stop them. Democrats — especially the delegation from California, where Silicon Valley is a major driver of the technology — are skittish about taking so much power away from cities and states, whose remaining powers to regulate drivers’ licensing and education don’t mean much when there are no drivers. Large parts of the bill are still in brackets, meaning the language is still under discussion.

Ride the waiver: The bill also would allow NHTSA to waive federal vehicle safety rules that assume the presence of a human driver — to the tune of 100,000 exemptions per manufacturer per year, with each exemption lasting five years. That’s explosive growth from NHTSA’s current cap of 2,500 total exemptions per year. Safety advocates say any exemption from crashworthiness standards is "an egregious and unacceptable attack on public safety.” Dems don’t love the idea of “regulating by exemption” either and are trying to strengthen the process by which exemptions are granted — and revoked.

Slow your roll: The bill heads to the full committee for a vote next week, but some Democrats are asking what the rush is. "The issues we still have to work out are important and complex," said Rep. Jan Schakowsky (D-Ill.), ranking member of the House Energy and Commerce Digital Commerce and Consumer Protection Subcommittee. "I'm not confident we can get there in a week." She said there’s “nothing magical” about next week, given that it wouldn’t hit the floor until after recess in any case, and there are large sections of the bill still to be negotiated. Chairman Bob Latta (R-Ohio) told Tanya that the technology is moving so fast that he wants to finish the bill to regulate it as quickly as possible.

A message from Freight Rail Works: With a nationwide network, freight railroads are committed to ensuring the safety of the communities we serve. See how collaboration, training, technology and operational enhancements create a smarter, safer freight rail network for towns across America.

PEKOSKE WATCH: David Pekoske’s nomination to head TSA has gotten a second Senate OK. The Senate Homeland Security and Governmental Affairs Committee approved his nomination Wednesday. A GOP aide for the Senate Commerce Committee said the nomination could move quickly on the floor under unanimous consent.

AMBER IS THE COLOR OF YOUR ENERGY: Pekoske has said that one of his goals as administrator would be to lift TSA’s infamously low employee morale, while also burnishing its image among the traveling public. TSA wants to reduce antagonism between travelers and agents by creating “more discreet, targeted” screening procedures, said Darby LaJoye, assistant administrator at TSA’s Office of Security Operations, during an Air Line Pilots Association event Wednesday.

One-on-one: Darby said the agency is considering how officers can best communicate screening procedures for electronics and other items to individual passengers instead of broadly yelling instructions at checkpoints that may not apply to some, like folks enrolled in PreCheck. “That is what we’re doing right now in looking at how our procedures should change going through the checkpoint,” he said. “This will result in a better experience for the passenger. And it will position our officers to be more effective in what they’re doing in looking at these items every single day on an X-ray machine.” TSA Acting Deputy Administrator Roderick Allison, who also spoke at the event, added that the agency is working with partners to develop a “graduated security model with progressively more stringent checks as the passenger gets closer to the aircraft” that will rely on the level of information available to TSA for each passenger.

SPEAKING OF ELECTRONICS: The FAA issued a warning to airlines about the risks of storing devices with flammable lithium batteries in passenger airplanes’ cargo holds. Tests on fully charged laptops in checked bags not only showed that it was a fire hazard but also yielded “the most troubling results” when devices were stored with permitted hazardous materials, like mouthwash or hairspray. The news comes after DHS put an end to restrictions that required travelers from some airports to check large electronics before boarding U.S.-bound flights, and probably puts the nail in the coffin for any consideration of reviving the ban.

WOULDN’T IT BE NICE? Senate Commerce Chairman John Thune said Wednesday that talks are underway among staff members about his FAA bill amendment regarding the 1,500-hour training requirement for co-pilots. “Sen. [ Bill] Nelson and I have talked a little bit about it, but that will continue,” Thune told reporters. “Ultimately, we want to get a good outcome and a good result and get the FAA bill across the finish line. But it would be really nice at the same time to do something that addresses the concern that many of us have about what’s happening in terms of air service to rural areas of the country and how the 1,500-hour rule might play into that.”

I got just one problem: Sometime before August recess remains the target for the bill hitting the floor, but if it doesn’t happen prior to lawmakers leaving town, “for sure in September,” Thune said. (Note: Congress will also be working on funding the government that month.) Thune’s provision is proving to be the Senate FAA bill’s only major hitch. He acknowledged Wednesday: “I know at the moment that’s gonna be a problem for getting it considered.”

HUTCHISON’S SENATE (RE)APPEARANCE: Senate Majority Whip John Cornyn (R-Texas) will introduce former Sen. Kay Bailey Hutchison (R-Texas) before the Senate Foreign Relations Committee, which will review her nomination for U.S. Ambassador to NATO today. MT readers may remember Hutchison from her years on the Commerce Committee.

MT MAILBAG: Sen. Richard Blumenthal (D-Conn.) fired off his first letter Wednesday to new Amtrak co-CEO Richard Anderson, expressing concern that “anti-consumer practices that are commonplace in the airline industry may now find a home at Amtrak.” The letter comes a week after outgoing CEO Charles “Wick” Moorman indicated that the railroad was studying whether to implement a sort of “economy class” that could cram more passengers into its cars, akin to flying coach. “Undermining the traveling experience is not the answer to what’s ailing Amtrak,” Blumenthal wrote.

LOBBYING UPDATE: Brian Foy registered to lobby for the U.S. Merchant Marine Academy Alumni Association and Foundation on funding issues as well as DOT and MARAD rules. The Auto Care Association — which counts parts sellers, manufacturers and repairers among its membership — has hired Dentons U.S. to lobby on tax and trade issues.

ARRIVALS AND DEPARTURES: David Braunstein, a former IBM executive, will become president of the Together for Safer Roads coalition on July 24. Bill Malkes, CEO of Gridsmart Technologies, Inc., joined the advisory board for the Alliance for Transportation Innovation.

THE AUTOBAHN:

— "Trump issues executive order to create council of infrastructure advisers." POLITICO Pro.

— "DHS chief: U.S. tested prototype terrorist bombs before implementing new aviation security rules." NBC News.

— “GM cleared in first case over updated ignition switch.” Reuters.

— “House Democrats say Potomac should stay open near Trump golf course.” The Washington Post.

— “Appeals court breathes life back into Purple Line.” WTOP.

— “Supreme Court won’t let Trump travel ban hit grandparents.” POLITICO.

— “Musk says first passengers on SpaceXRockets must be ‘brave’.” Bloomberg.

— “Trump's desire for private infrastructure money will narrow his choices to mostly urban projects.” American Public Media.

THE COUNTDOWN: DOT appropriations run out in 72 days. The FAA reauthorization expires in 72 days. Highway and transit policy is up for renewal in 1,168 days.

Follow us on Twitter Kathryn Wolfe @kathrynwolfe



Sam Mintz @samjmintz



Stephanie Beasley @steph_beasley



Brianna Gurciullo @brigurciullo



Tanya Snyder @tsnyderdc