Inside the decision to vent and burn in East Palestine

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Jul 15, 2024 View in browser   By Chris Marquette and Oriana Pawlyk Presented by Delta Air Lines With help from Alex Guillen QUICK FIX — The final NTSB report on East Palestine is out. We have the rundown on the vent and burn decision for you. — Despite its felony plea deal, Boeing's federal contracting future looks good. — T&I Spotlight: We sat down with Rep. Mike Ezell (R-Miss.) to talk transportation priorities and that time he escorted President George H.W. Bush on a motorcycle going 108 mph. IT’S MONDAY: You’re reading Morning Transportation, your Washington policy guide to everything that moves. We’re glad you’re here. Send tips, feedback and song lyrics to Chris at cmarquette@politico.com and Oriana at opawlyk@politico.com and follow us at, @oriana0214 and @ChrisMarquette_. “Busted flat in Baton Rouge, waitin' for a train/ When I's feelin' near as faded as my jeans.”   A message from Delta Air Lines: Delta Air Lines proudly supports Team USA on their journey to the Paris 2024 Olympic and Paralympic Games. Like our athletes, Delta's values of excellence and connection drive us to be the best. Learn more.   Driving the day DETAILS ON THE DECISION TO VENT AND BURN: A communication breakdown preceded the fateful decision to vent and burn toxic vinyl chloride after a Norfolk Southern train derailed in East Palestine, Ohio, in February 2023, the National Transportation Safety Board found in a sweeping final report released Friday. Oxy Vinyls, the company that manufactured the hazardous chemical aboard the Norfolk Southern freight train, didn’t see the venting as necessary. In the frenzied days between the derailment and the vent and burn, Oxy Vinyls “assessed a low probability of polymerization” — meaning there was a low chance the tank cars would explode, according to the report. During a call on Feb. 5, the day before the vent and burn, Oxy Vinyls, a technical manager and off-site personnel from the company “reached a consensus that available evidence did not indicate polymerization within the tank cars,” the manager recounted to the NTSB. But nobody relayed that expert opinion to the incident commander, East Palestine Fire Chief Keith Drabick, the NTSB wrote. That lapse deprived him of "a fully informed decision" on an action that worsened East Palestine residents' fears for their health and safety, the agency said. Norfolk Southern defended the vent and burn, saying it was the "only option to protect the community from a potential catastrophic explosion" and that Oxy Vinyls had opportunities to provide input to unified command. The venting and burning generated dramatic television footage and headlines that helped drive public scrutiny of the derailment and GOP criticism of the federal response. East Palestine residents have reported a range of health maladies since the accident. Chris has more here.   Understand 2024’s big impacts with Pro’s extensive Campaign Races Dashboard, exclusive insights, and key coverage of federal- and state-level debates. Focus on policy. Learn more.     Want to receive this newsletter every weekday? Subscribe to POLITICO Pro. You’ll also receive daily policy news and other intelligence you need to act on the day’s biggest stories. Aviation WILL BOEING'S PLEA DEAL AFFECT ITS STATUS AS A DEFENSE CONTRACTOR: Boeing will experience more scrutiny from agencies it contracts with because of its decision to enter a guilty plea on a conspiracy charge to defraud the government that ties back to two plane crashes that killed a total 346 people in Indonesia and Ethiopia in 2018 and 2019. But that won't necessarily stop the the stream of billions from federal contracts to the plane maker. Boeing's defense and space work drew $7 billion in the first quarter of this year, according to the company. Last year, it derived 37 percent of its revenue from contracts with the U.S. government. And the plane maker does a great deal of business with the U.S. military, including providing new jets and munitions for the Air Force. Once a federal judge signs off, the plea deal with the DOJ would make Boeing pay a $243.6 million fine, invest heavily in its manufacturing and compliance programs and bring in a third-party monitor to oversee its business. The company will also have to update its certifications and contract bids with military services to indicate it has been convicted of a felony within the last three years, said David Drabkin, who leads the Procurement Roundtable, a group of former federal agency acquisition executives. Drabkin said the conviction does not bar the company from contract awards but a military service’s contracting officer will need to request an exception from a higher authority for any new contracts. A federal review of Boeing’s conduct has already begun. And Pentagon spokesperson Maj. Gen. Patrick Ryder said the Defense Department “would assess any company's remediation plans, as well as the agreement with the Department of Justice.” Boeing declined to comment on its contracting and remediation plans. Oriana has the story. On the Hill MIKE EZELL IS A MOTORCYCLE GUY: We spent some time with Rep. Mike Ezell (R-Miss.) to talk about some aspects of transportation policy that are important to him. But we also got to hear about a memorable experience he had on one of his favorite modes of transportation — a motorcycle. Ezell was a motorcycle police officer in southern Mississippi for a long time before he worked his way up to eventually become chief sheriff of Jackson County. He fondly recalled the time he led an escort for former President George H.W. Bush from Keesler Air Force Base to Ingalls Shipbuilding and back. “Those are high-speed escorts I can assure you,” Ezell said, adding that the motorcycle officers went “as fast as that Harley Davidson would go. Mine would go 108 miles an hour.” FOCUS ON GULF PORTS: Ezell, who represents the Mississippi Gulf Coast, is deeply invested in securing wins for the ports of Pascagoula and Gulfport. He asked for $1.25 million in funds for a feasibility study to start the dredging process in Gulfport. He was mostly successful: $1 million was eventually included in the energy and water appropriations bill. Ezell has heard from truckers how crucial Mississippi ports are for them because they are less congested than those in larger cities and easier to get in and out of. Completing dredging for those ports, he says, would to provide deeper channels allowing for bigger ships to dock and would enable a more robust flow of goods for the truckers to transport. WORKHORSE COMMITTEE: Ezell said he has enjoyed his time on the House Transportation Committee so far because there is less “bickering” than there is on others. “One of the things that Chair Sam Graves (R-Mo.) told us is 'this is a workhorse committee, not a show horse committee,'” Ezell said. “That's what I like to do. I like to work. Get the job done.”   A message from Delta Air Lines:   Automobiles FUEL ECONOMY LEGAL FIGHT LANDS IN 6TH CIRCUIT: Lawsuits over the Transportation Department's fuel economy rule for model years 2027 through 2031, Reg. 2127-AM55, will be heard in the Cincinnati-based U.S. Court of Appeals for the 6th Circuit. There was a bit of a venue race for where this rule would be challenged. Environmental groups angry that the final rule eased up on requirements for SUVs and trucks filed lawsuits in the 1st, 2nd and D.C. Circuits — all more liberal-leaning courts. Meanwhile, industry groups and red states who argue the rule will “effectively ban new vehicles using liquid fuels” filed suits in the 5th, 6th and 8th Circuits, all of which lean more conservative. On Friday, the Judicial Panel on Multidistrict Litigation held a random lottery and determined all the cases will be consolidated in the 6th Circuit. — Challenges to EPA's related but separate tailpipe emissions rule will be heard in the D.C. Circuit because the Clean Air Act's provision requires that nationally applicable rules be heard there specifically. Rail BIG RAIL BUCKS: FRA on Friday announced an opportunity that opens up more than $153 million in funding for the Restoration and Enhancement Grant Program, which helps with operating costs to build new intercity passenger routes and restore old ones. The program covers expenses for the first six years, ranging from staffing costs for train crew members to train yard operations costs.   SUBSCRIBE TO GLOBAL PLAYBOOK: Don’t miss out on POLITICO’s Global Playbook, our newsletter taking you inside pivotal discussions at the most influential gatherings in the world. Suzanne Lynch delivers the world's elite and influential moments directly to you. Stay in the global loop. SUBSCRIBE NOW.     The Autobahn — “Trump ‘felt the bullet ripping through the skin’ during apparent assassination attempt." POLITICO. — “SpaceX Falcon 9 rockets grounded by FAA, putting Space Coast missions on indefinite hold.” Florida Today. — “Boeing Warns Customers of Further 737 Max Delays Amid Crisis.” Bloomberg. — “Deutsche Lufthansa Cuts Guidance as Flagship Airline Struggles to Break Even.” Wall Street Journal. — “SpaceX Presses to Launch Massive Rockets From Texas More Often.” Wall Street Journal. — “Senator wants Boeing CEO to testify as she prepares new FAA legislation.” Reuters. — “Electric Vehicles May Become Harder to Rent." New York Times. — “East Palestine, Ohio, mayor to speak at Republican convention.” POLITICO. — “Netflix, Rory Kennedy & Imagine Strap In For Documentary Sequel On Turbulent Boeing.” Deadline.   A message from Delta Air Lines: Delta Air Lines is honored to be the official airline of Team USA, accompanying our athletes on the road to the Paris 2024 Olympic and Paralympic Games. This eight-year partnership, extending through the Los Angeles 2028 Games, is built on shared values of excellence, resilience, and a passion for connecting people and cultures. Our custom Team USA design symbolizes the hard work and dedication that both Delta and Team USA embody. Delta is committed to providing gold-medal-worthy service, just as our athletes strive for excellence on the world’s biggest stage. Join us as we support these incredible athletes and celebrate their journey to Paris 2024.     Follow us on Twitter Kathryn Wolfe @kathrynwolfe Alex Daugherty @alextdaugherty Oriana Pawlyk @Oriana0214   Follow us

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