RIF uncertainty reigns

Politico

17-03-2025

Presented by
With help from Chris Marquette and Oriana Pawlyk
Quick Fix
— The beleaguered federal workforce, including at DOT, is bracing for wide-scale layoffs — and what will happen next with probationary workers a court ordered be rehired is unclear.
— The Justice Department got another four weeks to continue talks with Boeing over a plea agreement tied to the 737 MAX 8 crashes in 2018 and 2019.
— The FAA offered (some) clarity on how it is using artificial intelligence to identify aviation risks in the wake of January's regional jet-Black Hawk disaster.
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Driving the day
WHAT'S NEXT?: There's a growing sense of whiplash and uncertainty across the federal workforce — with DOT being no exception — as employees hunker down for the Trump administration's boldest attempt yet to slash its head count: massive reduction-in-force orders, which will be reviewed at the White House.
— To recap, after an initial wave of firings of probationary workers, who have fewer job protections, agencies are now planning wide-scale layoffs, known as RIFs. Your MT team has documented how employees at DOT who helped make sure travelers are safe got swept up in the earlier mid-February purge — and this raises questions about exactly what similar functions may be the next target?
— Asked for the agency's RIF plan, or whether it had been finalized, a DOT spokesperson last week gave a statement to your MT host that didn't really answer the questions. They instead noted that DOT is working with Elon Musk and his cost-cutters to ax 'waste, fraud, and abuse' while also 'investing in our core mission of safety, finding new efficiencies, and unleashing a wave of innovation.'
AND THEN THERE'S THE COURTS: Adding to the confusion is the rapid-fire decisions last week from two federal judges who reversed the administration's culling of scores of probationary workers. One of them, Judge James Bredar of Maryland, ordered DOT and over a dozen other agencies to reinstate the fired employees before 1 p.m. today. Bredar also directed officials to file court papers showing how they've complied with his decision — such as the number of workers brought back 'to the greatest degree of granularity practicable.' (His order expires on March 27, but the Democratic state attorneys general who brought the case can argue for an extension.)
— Your MT team on Friday had yet to hear of any fired workers returning to DOT. The Justice Department quickly appealed both rulings, only further muddying the situation.
— The looming RIFs, meanwhile, raise the prospect of employees being rehired only to be quickly laid off.
Aviation
KICKING THE CAN DOWN THE ROAD: The DOJ on Friday again asked for more time to decide what to do with the Boeing plea agreement related to the 737 MAX 8 crashes in Indonesia and Ethiopia. In a joint filing, the agency and the planemaker sought an additional four weeks so they could keep hashing out the issue. (They want to file another status report by April 11.)
— 'The parties have not reached agreement but continue to work in good faith toward that end, to include the briefing of new Department leadership,' the court papers read.
— Judge Reed O'Connor, presiding over the case in the Northern District of Texas, swiftly granted the extension Friday.
A BIT MORE CLARITY: Duffy last week touted how the FAA is deploying artificial intelligence to identify any 'hot spots' at U.S. airports where helicopters and planes fly close to one another, like at Ronald Reagan Washington National Airport. The agency on Friday drilled down into (some) of the specifics:
— The FAA said it is 'using machine learning and language modeling to scan incident reports and mine multiple data sources to find themes and areas of risk.' The agency added that it is assessing eight cities with charted helicopter routes: Boston, New York, the Baltimore-D.C. area, Detroit, Chicago, Dallas, Houston and Los Angeles, as well as the Gulf Coast, including offshore operations. Regulators said they will issue corrective action plans if they identify any issues.
YES, WE'RE DOING IT: The FAA confirmed Friday that it's permanently restricting certain helicopter traffic around Reagan National after the NTSB issued an urgent recommendation to do so while it continues to probe January's air disaster.
— One new nugget: The FAA said it will limit the use of visual separation to certain Coast Guard, Marine and Park Police helicopter operations outside of the restricted airspace.
— The FAA added that if helicopters must fly through what's known as the Route 4 area for an urgent reason, like medical treatment or presidential transport, the agency will 'keep them specific distances away from airplanes.'
WHAT TRUMP WANTS: During a Fox News interview aired Friday, Duffy said DOT and the FAA are not yet ready to allow Boeing to increase its production cap of 38 737 MAX per month, which regulators imposed after last year's door plug blowout. But he added that, when it comes to Trump, who is miffed at Boeing's Air Force One delays, the president 'wants us to not be too restrictive. He wants us to be smart and loosen up' the limitations on Boeing's production 'when it's appropriate.'
SLIGHT UPTICK: DOT said Friday that airlines logged a cancellation rate of 1.4 percent last year — a small increase from 1.3 percent in 2023.
— They also reported 437 tarmac delays lasting more than three hours on domestic flights in 2024, a roughly 51 percent increase compared to the year prior.
APPROPRIATIONS
A REPUBLICAN VICTORY: The Senate passed a House-GOP written spending bill, 54-46, almost entirely along party lines Friday after Senate Minority Leader Chuck Schumer decided it wasn't worth risking a shutdown, enraging his party's progressive flank, Katherine Tully-McManus reports. The nearly seven-month stopgap, which Trump signed Saturday and runs through Sept. 30, includes:
— A provision that extends existing DOJ and DHS counter-drone authorities until the end of the fiscal year.
— A roughly $15.8 million rescission for operations and support at the Transportation Security Administration.
Automobiles
EYEING ABUSE POTENTIAL: Reps. Debbie Dingell (D-Mich.) and Dan Crenshaw (R-Texas) are introducing a bill today that would set up a process in which domestic violence and sexual assault survivors can request that internet-connected vehicle manufacturers disable an abuser's access to such technology. Automakers would have to publish information on their websites about how survivors can ask them to take action. The legislation would direct the FCC, in consultation with NHTSA, to conduct a rulemaking.
— As MT readers will know, during the fight over Massachusetts' 2020 right-to-repair ballot measure, the Coalition for Safe and Secure Data, a group funded by automaker trade groups, warned that bad actors could hack into wireless vehicle data and expose sensitive geolocation markers that could reveal where people go and when.
The Autobahn
— 'Major air carriers challenge ruling on Biden airline fee rules.' Reuters.
— 'Tesla warns it could face retaliatory tariffs.' Reuters.
— 'Astronaut crew docks with space station to replace 'Butch and Suni.'' Reuters.
— 'Conservatives' Tesla Rescue Mission Has Its Work Cut Out.' New York Times.
— 'China Condemns Panama Canal Deal, Asserting a Right to Influence the Region.' New York Times.
— 'BMW Expects $1.1 Billion Earnings Hit From Tariffs This Year.' Wall Street Journal.
— 'Tesla Develops Cheaper Model Y in China to Battle Growing Competition.' Wall Street Journal.
— 'Don't click on those road toll texts. Officials issue warnings about the smishing scam.' AP.
— 'FAA proposes inspections for 'excessive gaps' in Boeing's 787.' Seattle Times.
— 'Elon Reportedly Orders Government to Stop Feeding the Bomb-Sniffing Dogs.' Futurism.
— 'FAA Has Taken Steps To Prevent and Mitigate Runway Incursions, but Work Remains To Improve Data Analytics and Implement Key Initiatives.' DOT Office of Inspector General.