Legislation implements new safety reforms for both FAA and manufacturers; strengthens FAA direct oversight of manufacturers’ safety employees; requires more product disclosure and analysis by manufacturers
PRESS RELEASE ISSUED
WASHINGTON, DC – Today, the U.S. Senate Committee on Commerce, Science, and Transportation passed bipartisan aviation safety reform legislation introduced by U.S. Senators Maria Cantwell (D-WA) and Roger Wicker (R-MS), the committee’s ranking member and chairman, respectively. The Aircraft Safety and Certification Reform Act of 2020 would require new safety reforms, including strengthening the Federal Aviation Administration’s (FAA) direct oversight of manufacturers’ safety employees and requiring more product disclosure and analysis by manufacturers. It would require integrated system analysis even on derivative aircraft and require manufacturers to identify and disclose all technological changes to new and existing aircraft systems at the beginning of the certification process.
“When it comes to aviation, safety has to be the top priority. This legislation implements new safety reforms that both the FAA and the manufacturers must follow,” said Senator Cantwell. “It moves the FAA back to a more direct supervisory role and requires more robust product analysis from the manufacturers. It also requires the FAA to upgrade and retain technical expertise to do proper oversight and protects company engineers and whistleblowers who see flaws early in the design process. I want to thank everyone that took time to work with us on these reforms, especially the victims’ families, who have shared their experience and their efforts to protect others. I also thank Chairman Wicker and his team for their work on these critical safety reforms and continuing to work with us to move it forward.”
“The Committee’s approval of the bipartisan aviation safety bill is progress toward improving the certification process and enhancing accountability, especially as it relates to the manufacturing of passenger aircraft,” said Senator Wicker. “As the FAA prepares to unground the 737 MAX, this legislation contains numerous provisions that would ensure that the agency performs its safety oversight to the highest standards. I thank Ranking Member Cantwell for working with me on these important reforms to enhance safety for the flying public.”
Key provisions of the legislation include:
Restoring FAA Approval of ODA Unit Members and Safety Advisors: Strengthens FAA oversight of the engineers responsible for commercial aviation certification similar to the previous Designated Engineering Representative (DER) model. The bill returns the responsibility of approving and removing manufacturers’ engineers who act on the FAA’s behalf—known as Organization Designation Authorization (ODA) unit members—to the agency, and requires appointment of FAA safety advisers to provide direct and ongoing oversight and communication between the FAA and unit members throughout the certification process.
Requiring Integrated Safety Analysis of Aircraft Design Changes: When manufacturers propose derivative airplane designs, design changes will be required to undergo a comprehensive system safety analysis, a process which currently is not required and was not required for the 737 MAX. This reform addresses the findings of the JATR report, which found that the MCAS was not subject to a sufficient, detailed aircraft-level evaluation. This new integrated evaluation will examine how the proposed changes effect existing systems and impact aircraft performance, human factors, and training needs for pilots and maintenance personnel.
Requiring Safety Management Systems: Requires aviation manufacturers to implement safety management systems (SMS), a systematic and continuous process of reducing safety risks and strengthening companies’ safety culture. This is consistent with recommendations by the National Transportation Safety Board, Joint Authorities Technical Review (JATR), and other leading safety authorities. FAA has required SMS for airlines but has failed to require the same of manufacturers.
Prohibiting Improper Incentives and Performance Goals Based on Industry Schedules: FAA employees will be prohibited from receiving bonuses or other financial incentive based on meeting manufacturer-driven certification schedules or quotas. The bill also repeals authority for industry-friendly advisory panels to set FAA performance goals that do not prioritize safety in the aircraft certification process. Safety must come first, not accelerated approval schedules.
Establishing Independent Evaluation of New and Novel Aircraft Technologies: Requires the FAA Administrator to establish a Technical Certification Board (TCB) to advise the FAA on the certification process for aircraft with new technologies and novel systems when it is in the interest of safety. The TCB will give an independent review and verification of the manufacturer’s submissions to the FAA, and recommend studies, analyses, and reports to aid in FAA’s review.
Driving Safety Culture By Elevating Concerns of Frontline Engineers: The FAA recently conducted an internal safety culture survey of its certification workforce. In that survey, engineers questioned their ability to raise safety concerns without fear of reprisal and their leadership’s commitment to safety. This bill would improve the agency’ safety culture by providing a confidential channel for FAA employees to report safety issues without fear of retribution. The bill also creates new protections for whistleblowers employed by aviation manufacturers and their suppliers. As the MAX investigations indicated, concerns of the technical workforce and frontline engineers, whether at the agency or the manufacturer, must be elevated and addressed.
Building Technical Expertise at the FAA and in Congress on Innovative Technologies: Authorizes new funding to the FAA for continuing education and training programs to develop and maintain the agency’s expertise on cutting edge and novel technology, and establishes a National Air Grant fellowship program to strengthen technical aviation expertise in Congress and at the FAA.
Strengthening International Standards: Authorizes the FAA to work with other countries to strengthen pilot training standards and enables the International Civil Aviation Organization (ICAO) to further enhance worldwide aviation safety and pilot training standards.
Strengthening FAA Oversight: The bill makes three changes to strengthen FAA oversight, in addition to direct oversight of manufacturers’ safety employees. It repeals (1) the “certified design and production” (CDPO) authority and makes clear that aviation manufacturers will not be able to self-certify their own aircraft, aircraft engines, and propellers; (2) industry-driven performance objectives and metrics on aircraft certification; and (3) industry-driven performance objectives and metrics on flight standards.
Requiring Updated FAA Regulations to Incorporate Human Factors Assumptions: Directs the FAA to update safety regulations based on a review of human factors assumptions. These include requirements for aircraft systems related to flight crew alerting, airspeed indicators, angle of attack, flight guidance, and other flight systems used by pilots. This responds directly to the National Transportation Safety Board’s recommendations calling on FAA to update its certification policies and regulations to incorporate human factors analysis. The bill also establishes a new Center of Excellence on flight automation and human factors in large commercial aircraft.
Identifying Emerging Safety Trends: A new annual report to Congress, conducted by the Transportation Research Board, will identify emerging safety trends in air transportation. Based on accident investigation data from the National Transportation Safety Board, FAA, air operators, and foreign aviation safety authorities, the report will illuminate the latest trends impacting aviation safety, domestically and internationally, so policymakers and FAA can stay ahead of them.
Establishing a New Center of Excellence (COE) on Flight Automation and Human Factors: The new COE will address flight automation and pilot response. It will promote and facilitate collaboration among academia, the FAA, and aircraft and airline industry stakeholders to research automation and other technological advancements in aviation and examine issues related to human system integration and flight crew and aircraft interfaces.
Moving forward, Cantwell and Wicker will work with Senate and House leadership to get it enacted into law. Yesterday, the bipartisan Aircraft Certification Reform and Accountability Act passed the House.
Inslee announces cap on third-party delivery fees to help restaurants.
Press release issued 11. 19.20
Gov. Jay Inslee today announced a new cap on fees charged to restaurants by third-party delivery platforms, such as Uber Eats, DoorDash, GrubHub, Postmates and others.
"We recognize the challenges posed by COVID-19 to our restaurant community, and we’re grateful to third party delivery platforms that have made it possible for Washingtonians to continue supporting local restaurants, and allowed many businesses to stay open," Inslee said.
"However, these are difficult times. We all must sacrifice during these uniquely challenging times to both support our businesses and slow the spread of COVID-19. We encourage Washingtonians to support their local restaurants safely through delivery and take-out options that are available."
The proclamation caps delivery fees at 15% and total fees at 18% of the purchase price of an order. Third party delivery platforms have seen increased usage as fewer people are dining indoors this year due to health restrictions and concerns over contracting COVID-19.
The proclamation is similar to measures taken in several cities around Washington. It takes effect Wednesday, Nov. 25, at 12:01 a.m.
PROCLAMATION BY THE GOVERNOR
AMENDING PROCLAMATION 20-05
20-76
Food Delivery Fees
WHEREAS, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State of Emergency
for all counties throughout the state of Washington as a result of the coronavirus disease 2019
(COVID-19) outbreak in the United States and confirmed person-to-person spread of COVID-19 in
Washington State; and
WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant
progression in Washington State, and the high risk it poses to our most vulnerable populations, I
have subsequently issued several amendatory proclamations, exercising my emergency powers
under RCW 43.06.220 by prohibiting certain activities and waiving and suspending specified laws
and regulations; and
WHEREAS, I issued Proclamations 20-25, et seq., first entitled “Stay Home – Stay Healthy,” in which
I initially prohibited all people in Washington State from leaving their homes except under certain
circumstances, and later amended to “Safe Start – Stay Healthy” County-By-County Phased
Reopening, gradually relaxing those limitations based on county-by-county phasing, and on November
16, 2020 I again amended 20-25, et seq., to “Stay Safe– Stay Healthy - Rollback of County-By-County
Phased Reopening Responding to a COVID-19 Outbreak Surge”, in response to a surge of new cases
of COVID-19 in Washington State, thereby rolling back the reopening of businesses and reestablishing
limitations on community gatherings, which includes a prohibition against indoor dining, among other
things; and
WHEREAS, the COVID-19 pandemic has caused a sustained economic slowdown for
Washington State, resulting in layoffs and reduced work hours for a significant percentage of our
workforce and reductions in business activity impacting our commercial sectors that support our
state’s economic vitality, including severe impacts to the large number of small businesses that
make the state’s economy thrive; and
WHEREAS, access to food is essential, and it is therefore necessary to take steps to support
restaurants and other food providers so they may continue to perform an essential function of
providing access to food via delivery and pick-up options and to address food insecurity to those who
are unable to obtain food in other ways; and
WHEREAS, for the above stated reasons, it is necessary to take action to maximize restaurants’ revenue
from delivery and pick-up orders that are a lifeline and currently the sole source of revenue for the
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state’s restaurant and food industry to enable these businesses to survive the impacts of the COVID19 pandemic and continue supporting the workforce and contributing to the vitality of the state’s
economy; and
WHEREAS, many consumers are eager to support local restaurants by using third-party, app-based
delivery platforms to place orders with those restaurants, and these third-party platforms charge
commission fees based on the purchase price; and
WHEREAS, while the service agreement between restaurants and third-party delivery platforms vary,
all of these agreements include delivery commission fees that can include commission fees of up to
30% or more of the purchase price, creating an economic hardship for these food providers; and
WHEREAS, capping the delivery commission fees on delivery or pick-up orders while restaurants
are unable to provide unrestricted dine-in service will ease the economic hardship for these essential
service providers, while not unduly burdening third-party, app-based delivery platforms; and
WHEREAS, during this time of local economic shutdown and uncertainty caused by the COVID- 19
pandemic, many vulnerable workers have found work as delivery driversfor these third-party delivery
platforms to financially support themselves and their families, and may be economically impacted if
third-party, app-based delivery platforms reduce compensation rates to these delivery drivers as a
result of the cap on delivery commission fees, and therefore, it is necessary to take action to prevent
such under-compensation; and
WHEREAS, COVID-19, caused by a virus that spreads easily from person to person which may result
in serious illness or death and has been classified by the World Health Organization as a worldwide
pandemic, has broadly spread throughout Washington State and remains a significant health risk to all
of our people, especially among our most vulnerable populations; and
WHEREAS, the worldwide COVID-19 pandemic and its progression in Washington State continue to
threaten the life and health of our people as well as the economy of Washington State, and remain a
public disaster affecting life, health, property or the public peace; and
WHEREAS, the Washington State Department of Health continues to maintain a Public Health
Incident Management Team in coordination with the State Emergency Operations Center and other
supporting state agencies to manage the public health aspects of the incident; and
WHEREAS, the Washington State Military Department Emergency Management Division, through
the State Emergency Operations Center, continues coordinating resources across state government to
support the Department of Health and local health officials in alleviating the impacts to people,
property, and infrastructure, and continues coordinating with the Department of Health in assessing the
impacts and long-term effects of the incident on Washington State and its people; and
NOW, THEREFORE, I, Jay Inslee, Governor of the state of Washington, as a result of the above
noted situation, and under Chapters 38.08, 38.52 and 43.06 RCW, do hereby proclaim and order that a
State of Emergency continues to exist in all counties of Washington State, that Proclamation 20-05 and
all amendments thereto remain in effect, and that, to help preserve and maintain life, health, property
or the public peace pursuant to RCW 43.06.220(1)(h), I hereby prohibit third-party, app-based delivery
platforms from charging covered establishments certain commissions and fees on food deliveries, as
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set forth in this order. I further prohibit the reduction of compensation to food delivery drivers,
including the reduction of any amount of tips provided to delivery drivers that results from the
restrictions on commission or delivery fees as set forth in this order. These prohibitions apply in any
county where indoor dining is prohibited and until indoor dining is again permitted in the county at a
capacity of at least 50%.
Definitions
1. “Covered establishment” means a restaurant, or a similar retail food establishment, that sells
ready to eat food or beverages from one or more locations in the State. This term does not
include grocery stores or convenience stores.
2. “Delivery fee” means a fee charged by a third-party food delivery service for providing a
covered establishment with a service that delivers food or beverages from the covered
establishment to customers. The term does not include any other fee that may be charged by a
third-party food delivery platform to a covered establishment, such as optional fees paid to
obtain additional products or services, or fees related to processing the online order.
3. “Online order” means an order placed by a customer through a platform provided by the thirdparty food delivery service, including a telephone order.
4. “Purchase price” means the menu price of an online order, excluding taxes, gratuities or any
other fees that may make up the total cost to the customer of an online order.
5. “Third-party food delivery platform” means a website, mobile application, or other internet
service that facilitates the sale and same-day delivery or same-day pickup of ready to eat food
or beverages provided by covered establishments in the State.
Fee Structure
1. A third-party food delivery platform shall not charge a covered establishment a delivery fee that
totals more than 15% of the purchase price of an online order.
2. A third-party food delivery platform shall not charge a covered establishment a total fee amount
for the use of their all services, including the delivery fee, that totals more than 18% of the
purchase price of an online order.
3. A covered establishment may agree to pay a third-party food delivery platform a fee that
exceeds the limits in sections 1 and 2 to obtain optional products or services, including, but not
limited to, advertising, marketing, or access to customer subscription programs, in addition to
delivery or pickup service.
ADDITIONALLY, nothing in this proclamation shall be construed to limit a local government
entity from imposing a similar cap on third-party, app-based delivery platforms provided it is not
less prohibitive than this proclamation.
FURTHERMORE, I again direct that the plans and procedures of the Washington State
Comprehensive Emergency Management Plan be implemented throughout state government. State
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agencies and departments are directed to continue utilizing state resources and doing everything
reasonably possible to support implementation of the Washington State Comprehensive Emergency
Management Plan and to assist affected political subdivisions in an effort to respond to and recover
from the COVID-19 pandemic.
I continue to order into active state service the organized militia of Washington State to include the
National Guard and the State Guard, or such part thereof as may be necessary in the opinion of The
Adjutant General to address the circumstances described above, to perform such duties as directed by
competent authority of the Washington State Military Department in addressing the outbreak.
Additionally, I continue to direct the Department of Health, the Washington State Military Department
Emergency Management Division, and other agencies to identify and provide appropriate personnel
for conducting necessary and ongoing incident related assessments.
Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5).
This order is effective at 12:01 a.m. on Wednesday, November 25, 2020. Unless extended or amended,
upon expiration or termination of this amendatory proclamation the provisions of Proclamation 20-76,
will continue to be in effect until the state of emergency, issued on February 29, 2020, pursuant to
Proclamation 20-05, is rescinded.
Signed and sealed with the official seal of the state of Washington on this 19th day of November, A.D.,
Two Thousand and Twenty at Olympia, Washington.
IN OTHER STATE NEWS HEADLINES:
ICYMI: Inslee letter urges Congress to immediately resume COVID-19 relief negotiations.
In case you missed it: Gov. Jay Inslee sent a letter today to congressional leadership and the Trump administration, urging an immediate restart to negotiations on another coronavirus relief package that can be passed and signed into law before the end of the year.
AG FERGUSON: JUDGE FINDS OPIOID DISTRIBUTOR IN CONTEMPT OF COURT FOR REFUSING TO DISCLOSE DOCUMENTS AND MAKE KEY WITNESSES AVAILABLE FOR TESTIMONY
SEATTLE — A King County Superior Court judge found AmerisourceBergen Drug Corp., one of the largest prescription opioid distributors in the world, in contempt of court for failing to turn over important documents and attempting to shield key witnesses from testifying. AmerisourceBergen is one of the three companies Attorney General Bob Ferguson sued in March 2019 for unlawfully contributing to Washington state’s opioid epidemic.
Washington Community Economic Revitalization Board invests $725,000 in four counties.--STATE COMMERCE DEPT.
Washington State Quitline: 20 Years Helping Washingtonians Break Free from Tobacco
OLYMPIA – Today the Washington State Department of Health celebrates the 20th anniversary of the Washington State Quitline. Since November 2000, the quitline has provided free, personalized tobacco cessation counseling and medication to tens of thousands of callers. This year, the North American Quitline Consortium ranked Washington’s quitline second in the nation for its participant quit rate.
IN OTHER HEADLINE NEWS...
WORLD NEWS HEADINES:
‘Act urgently’ to stave off catastrophic famine in Yemen: Guterres.
Yemen is in “imminent danger of the worst famine the world has seen for decades”, the UN chief warned in a statement released on Friday, calling for urgent action on the part of the international community to “stave off catastrophe”.---UN NEWS CENTER
https://news.un.org/en/story/2020/11/1078212
This World Children’s Day, ‘reimagine a better future’, for every child.
The global community is marking World Children’s Day on Friday, calling for societies to “reimagine a better future” for every child, where each one has the opportunity to thrive.--UN NEWS CENTER
https://news.un.org/en/story/2020/11/1078172
UN agencies uphold human rights considerations in COVID-19 data collection.
The United Nations and 15 of its agencies have underlined their support for data collection during the COVID-19 pandemic which respects the right to privacy and promotes development. --UN NEWS CENTER
https://news.un.org/en/story/2020/11/1078182
From President to shepherd, the dreams of displaced children of the Sahel.
Engineer, nurse, breakdancer, shepherd, human rights lawyer, journalist, musician and president are just some of the future dreams harboured by young displaced people in the Sahel region of Africa.---UN NEWS
https://news.un.org/en/story/2020/11/1078142
NATIONAL HEADLINES:
Press Briefing by Vice President Pence and Members of the Coronavirus Task Force | November 19, 2020--WH PRESS RELEASE.
Seven MS-13 Gang Members Indicted in Violent Crime and Drug Distribution Conspiracy
Conspired to Commit Acts Involving Murder, Intimidation, and Assault--DOJ
Pioneering Innovative Health Care Service and Infrastructure for Rural Areas---USDA BLOG
Coronavirus (COVID-19) Update: FDA Authorizes Drug Combination for Treatment of COVID-19--FDA
BUSINESS & FINANCE:
Security Summit partners announce National Tax Security Awareness Week dates; urge increased security measures as fraudsters exploit COVID-19 concerns.
WASHINGTON — The Internal Revenue Service, state tax agencies and the nation's tax industry today announced that the 5th Annual National Tax Security Awareness Week will take place between November 30 and December 4.
Addressing Opportunity Gaps for Minority-Owned Businesses Through Increasing Access to Capital and Credit--US CHAMBER OF COMMERCE
U.S. DEPARTMENT OF LABOR’S OSHA ANNOUNCES $3,148,452 IN CORONAVIRUS VIOLATIONS
WASHINGTON, DC – Since the start of the coronavirus pandemic through Nov. 12, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued 232 citations arising from inspections for violations relating to coronavirus, resulting in proposed penalties totaling $3,148,452.
https://www.dol.gov/newsroom/releases/osha/osha20201120
Letter from Secretary Steven T. Mnuchin on the Status of Facilities Authorized Under Section 13(3) of the Federal Reserve Act--US TREASURY DEPT.
https://home.treasury.gov/news/press-releases/sm1190
SOME NEWS STORIES THE YOU WON'T SEE ON THE DNC PRESS.
Trump lawyers lay out voter fraud cases in Pennsylvania, Michigan, Wisconsin--Washington Times
https://www.washingtontimes.com/news/2020/nov/19/trumps-lawyers-challenge-results-pennsylvania-mich/
Trump recount effort kicks off in Wisconsin
Hundreds of mask-clad election workers, observers, and officials have descended upon Wisconsin’s two most populous counties to begin a recount effort initiated by the Trump campaign.--Washington Examiner
https://www.washingtonexaminer.com/news/trump-recount-effort-kicks-off-in-wisconsin
Sidney Powell: Will Prove Case 'Within Next Two Weeks' in Court--NEWS MAX
https://www.newsmax.com/politics/sidney-powell-maria-bartiromo-election-trump/2020/11/20/id/998020/
Is Election Fraud Possible in America?--PJ MEDIA
https://pjmedia.com/richardfernandez/2020/11/20/is-election-fraud-possible-in-america-n1161357
TODAY'S TOP VIDEO
Vice President Mike Pence delivers remarks at a "Defend the Majority" rally with Republican Sens. David Perdue and Kelly Loeffler.---FOX NEWS
https://www.facebook.com/FoxNews/videos/192936625761892
Certified Website Of President Donald J. Trump
STEP UP NOW!
The Lamestream media does NOT get to decide who our President is - only YOU DO.
Bible Verse:
Psalm 95:1-2 (New King James Version)
Oh come, let us sing to the Lord! Let us shout joyfully to the Rock of our salvation. Let us come before His presence with thanksgiving; Let us shout joyfully to Him with psalms.
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