DOT expected to rule on Norwegian Air today – What to watch for in September – U.S. rules pushing drones overseas – Miles driven up for first time in 6 years

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With help from Kathryn A. Wolfe

BIG NEWS COMING TODAY ON NORWEGIAN AIR: The Department of Transportation should make an announcement today on an application from Norwegian Air International to serve the United States. Whichever way DOT rules, it’s unlikely to put an end to the high-stakes fight that has seen U.S. airlines, unions and a number of lawmakers in both parties vocally opposed to the carrier’s push to serve the U.S. while being based in Ireland. A decision on the exemption application — an expedited procedure that is separate from NAI’s full application for a foreign air carrier permit — was due by the end of August. But Aug. 31 fell on a Sunday and the day after, Sept. 1, was the federal Labor Day holiday, so today should be the big day. DOT approving the exemption application would essentially green-light NAI’s service in the U.S. But a rejection of the exemption is not the end of the road for Norwegian — it simply means that we’ll all have to wait a little bit (or a lot) longer to find out whether the full application is approved.

WHAT TO WATCH IN SEPTEMBER: Aside from the Nationals’ strong finish to the regular season and clinching of the NL East, that is. Members of Congress come back to D.C. next week to kick off the final legislative slog before the elections. In those final few crazy weeks, there will be plenty of transportation issues to keep an eye on — DOT could act on a much-discussed ban on cell phone calls on planes and is likely to deal with the fallout of its Norwegian decision. Congress also has to pass a continuing resolution to keep the government — including the DOT — funded after the fiscal year expires in a month’s time. Since a stand-alone DOT funding bill isn’t happening this year and the policy extension into 2015 makes a full reauthorization a difficult task in the lame duck, the CR will be one of the last big times this year for any transportation policy riders to make it into law. New House Majority Leader Kevin McCarthy, for example, could target the California high-speed rail project that he has long opposed. And if DOT does approve the NAI exemption, expect plenty of talk and some action on the Hill on the issue — lawmakers in both chambers proposed spending bill language blocking the application.

DRONES FLYING OVERSEAS: Tony Romm and Kevin Robillard report: “Amazon, Facebook and Google have sky-high hopes for drones — but government regulations have grounded their plans in the United States and pushed some companies to try their luck overseas. Strict federal rules still prohibit tech giants, movie studios and other commercial operators from flying their unmanned aerial vehicles. Even before those crafts can be tested stateside, experimenters must labor to win the Federal Aviation Administration’s blessings. Those government hurdles have some drone advocates worried the United States might lose out on new investments and jobs. And the signs of overseas flight already are surfacing: Google on Thursday said it is testing its new drone effort in Australia, which is known for its relaxed rules. Meanwhile, commercial drone endeavors continue to pop up around the world, from Japan to India.” http://politi.co/1ubAZ3b

THE TRIUMPHANT RETURN. IT’S TUESDAY, SEPTEMBER 2. Thanks for reading POLITICO’s Morning Transportation, your daily tipsheet on trains, planes, automobiles and ports. On this day in 1666 the “Great Fire of London” decimated the city, wiping out over 13,000 homes and the original St. Paul’s Cathedral — construction of which began in 1087 following…another massive London fire. Tips, complaints and corrections go here: asnider@politico.com. And please follow on Twitter: @AdamKSnider and @POLITICOPro.

“Leavin’ on a southern train, only yesterday you lied…” http://bit.ly/1vSu0fS (h/t Adrienne Gildea)

**A message from POWERJobs: The Air Line Pilots Association, International (ALPA) is seeking a Media Relations Manager. See below or click here for details.**

BIG STAFF NEWS: I’m excited to share some big news about our Pro transportation team — Heather Caygle, an excellent reporter who’s covered transportation policy for BloombergBNA, will be joining us next week to replace the departed Scott Wong. Heather is a hard worker familiar with both the policy details and the politics that overshadows all the big transportation decisions in Washington, and our whole team is excited to welcome her aboard next Monday.

WHAT’S IN TODAY’S FEDERAL REGISTER? The FHWA and FTA issue a joint notice of proposed rulemaking that extends the comment period on a proposal implementing some changes, made by MAP-21, to state and metropolitan transportation planning procedures. For example, it would require that MPOs and state DOTs “take a performance-based approach to planning and programming.” Today’s Register entry pushes the close of the comment period — which was set for today — to Oct. 2. http://1.usa.gov/1qjDVuv

VMT ON THE UPSWING: Americans are finally driving more after the recession (and several other factors) tamped down the country’s vehicle miles traveled over the past few years. DOT’s FHWA said last Friday that, between July 2013 and June 2014, there were nearly 3 trillion miles driven, the highest figure since 2008. In the first half of this year, there were nearly 1.5 trillion VMT, the fourth-highest figure over that time in the 78 years that FHWA has issued its “Traffic Volume Trends” report. DOT used the new on-road figures to argue for more spending on infrastructure: “More people driving means our economy is picking up speed,” Transportation Secretary Anthony Foxx said in a statement. “It also means we need to increase our investment in transportation to meet this demand, which is why Congress needs to pass the President's four-year, $302 billion GROW AMERICA Act.” http://1.usa.gov/1CkOSRA

THE KNIGHTS WHO SAY KNEE DEFENDER: A United Airlines flight from New Jersey to Denver was diverted to Chicago after two passengers got into a dispute over the “Knee Defender” — a device that attaches to the seat in front of you and prevents its occupant from reclining. Major U.S. airlines ban use of the device, and several other smaller carries like Spirit Airlines and Allegiant Air mechanically prevent their seats from being reclined. For Pros, Kathryn has more on one of the more intriguing stories from the MT break: http://politi.co/1qlpAxs

DREAMLINER TRIPLE-SHOT: Boeing is struggling to sell a handful of early Dreamliners built in 2009 and 2010, the Wall Street Journal reported (http://on.wsj.com/1q4s4Ay). Passenger carrier Royal Jordanian is excited about getting its first Dreamliner, according to a press release (http://cnnmon.ie/YXnBFf). Meanwhile, this headline about a 787 wasn’t quite as congratulatory: “Presence of rat in Dreamliner cockpit rattles Air India.” India Today: http://bit.ly/Y6vYOR

ICAO BOARD PROPOSES AVIATION CONFLICT ZONE RISK DATABASE: ICAO’s task force on civil aviation risks in conflict zones, convened after a Malaysian Airlines plane was shot down over a contested part of Ukraine, on Friday proposed a pilot project to create a new centralized system for sharing information on conflict zone risks. The task force also put forward a recommendation for a separate pilot program to explore how the current NOTAM system could “be better used to share urgent and critical conflict zone risk information.” Dave McMillan, the task force’s chairman, called the session that produced the two recommendations “especially productive” and said the task force will be “submitting a very mature and practical set of proposals to the ICAO council” when it next convenes in October. The task force itself will meet again in December.

WORTH 1,000 WORDS: AASHTO has started voting on its 11th annual “Face of Transportation” photo contest. Through Sept. 29, you can pick your favorite of 78 pictures in three different categories: “Quality of Life/Community Development,” “Historic Projects,” and “Taking the Road Less Traveled.” More info here: http://bit.ly/1qVD930

THE AUTOBAHN (SPEED READ)

- Central Valley farmers opposed to the California fast-train project could be down to their last legal option this week, asking the state Supreme Court to halt work. CBS San Francisco: http://cbsloc.al/1pkakM9

- Illinois Gov. Pat Quinn announced $102 million for rail upgrades between Chicago and St. Louis on Sunday. Chicago Sun-Times: http://bit.ly/1unTIIb

- Has Tesla done enough to convince people that electric cars are better? Green Car Reports takes a look: http://bit.ly/1q3H5m6

- U.S. slaps sanctions on two more airlines in Iran — officials say Majan Air and Caspian Air shipped weapons and personnel to Syria. USA Today: http://usat.ly/1pka4wE

THE COUNTDOWN: DOT appropriations run out in 29 days and highway and transit policy expires in 272 days under the new extension. FAA policy is up in 394 days. The mid-term elections are in 63 days and the 2016 presidential election is in 798 days.

I’LL SEE YOU TOMORROW. Same time, same place.

**A message from POWERJobs: The Air Line Pilots Association, International (ALPA) is seeking a Media Relations Manager. This person will be responsible for the development, integration and implementation of a broad range of media activities aligned to the strategic direction and priorities of the Association to advance its position with its members, key legislators and regulatory agencies in Washington and Ottawa, industry and labor stakeholders and the broader public. Click here for details.**

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